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HomeMy WebLinkAboutCity Council - 10/16/1979 JOHN D. FRANE p; EDEN PRAIRIE CITY COUNCIL IfUESDAY, •CTOBER IG, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Finance Director John Frane; Director of Community Services Bob Lambert; Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELP TUESDAY, SEPTEMBER 1B, 1979 Page 2990 o. III. CONSENT CALENDAR � `�,� Ilk A. /Clerk's License List„ f 9/ J Page 3007 ( B. Final plat approval for Cardinal Creek (Resolution No. 79-187) Page 3010 C. Approve plans and specifications for Cardinal Creek, Phase 1, Page 3013 improvements, I. C. 51-355 (Resolution No. 79-188) O. Street name change in Ridgewood West (Ordinance No. 79-38) Page 3014 E. Receive petition for utility and street extensions in proposed Page 3017 Norseman Industrial Park 4th Addition, I. C. 51-359 (Resolution �. No. 79-189) I: F. Resolution No. 79-190, authorizing permit application for sewer Page 3021 connection in Bluffs West 2nd IV. PUBLIC HEARINGS,;,• A. Mile West Office Building by Bud Andrus. Request to rezone .78 acres Page 3022 from C-Comm. to Office for multi-tenant office building. Located west of Purgatory Creek and north of MacDonald's. (Ordinance No. 79-35) B. Nemec Knolls by Mr. & Mrs. Donald Nemec. Request to rezone from Page 3042 Rural to R1-13.5 and preliminary plat 3 acres into 5 single family lots. Located at 9449 Creek Knoll Road. (Ordinance No. 79-36 and Resolution No. 79-183) C. Shady Oak Industrial Park (1st), 3rd, and 5th Addition by Richard Page 3055 W. Anderson. Request to: rezone the 1st Addition from I-5 to I-2, rezoning of the 3rd & 5th Additions from Rural to I-2, preliminary plat approval of 6 industrial lots in the 3rd & 5th Addition, and finding of no significant impact on Shady Oak Industrial Park 1 - 5 based upon the E.A.W. dated 9/79. Located east of 169/212, south of Crosstown b2, and west of Washington Avenue. (Ordinance No. 79-37 - rezoning, Resolution No. 79-184 - preliminary plat, and Resolution No. 79-185 - E.A.W.). Council Agenda - 2 - iues.,uctoaer to, iv/v V. REPORTS OF ADVISORY COMMISSIONS VI. PETITIONS, REQUESTS & COMMUNICATIONS I0 Petition from Creekwood Homeowners Association Page 3102 • B. Request for transmission line and substation development in Eden Prairie through h the early 1990's from NSP (continued from July 17, 1979) C. Request for extension of developer's agreement for Bryant Lake Page 3115 View Estates (Thelma Haynes) from May, 1980, to May, 1981 VII. ORDINANCES & RESOLUTIONS .. A. 2nd Reading of Ordinance No. 283, rezoning Village Woods Second Page_3116 and approval of developer's agreement 9/8 2nd Reading of Ordinance No. 79-34, regulating moving of buildings Page 3128 into or within Eden Prairie 0 ' , Resolution No. 79-194, granting final approval for Municipal Page 3140 Industrial Development Bonds in the amount of $1,200,000.00 for the Kirsch Company D. Resolution No. 79-195, appointing election judges for the ' ' November 15th Park Bond Referendum F'' VIII. REPORTS OF OFFICERS, 80ARDS & COMMISSIONS A. Reports of Council Members �. B. Report of City Manager C. Report of City Attorney gcY Report of Director of Community Services 1. Round Lake Water Quality Report Page 3147 0 8ids on Milkovich Horne Page 3149 0 Amendment to Joint Powers Agreement/Round Lake Park (ballfields) Page 3150 Continued from 10/2/79 C'� Request to advertise for bids for improvements to the roof Page 3165 "A� �'r, •,',5. Request from Historical & Cultural Commission to publish a book ? - on the history of Eden Prairie `J Report of City Engineer 9Change Order No. 1 for sewer connection on project I. C. 51-332,( Super Valu site Page 3166 92� Change Order No. 1 for subgrade correction on project I. C. Page 3168 5I=322, High Trail Estates Change Order No. 1 for plan changes on project I. C. 51-353,, Page 3177 Hipp s Mitchell Heights 4th Council Agenda - 3 - Tues.,0ctober 16, 1979 0inal plat approval for Village Woods 2nd (Resolution No. 79-191) Page 3179 f equest to advertise for bids for sewer connection at Bryant Page 3182 Lake Stables F Report of Finance Director 1. Review of Municipal Industrial Development Bond Guidelines Page 3183 QPayment of Claims Nos. 5890 - 6051 Page 3185 °, Resolution No. 79-193 setting.November 20, 1979 as the sale date Page 3189. for $4,000,000.00 of General Obligation Bonds 69Reguest_to.set a Public Hearing for Municipal Industrial Developmentpage.3190 Bond approval or McGlynn Bakeries in the amount of $1,300,000.00 for November , 1979 IX. NEW BUSINESS u Cep X. ADJOURNMENT-12, • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 18, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; Finance Director John Frane; City Engineer Carl Jullie; and Joyce Provo, Recording • Secretary INVOCATION: City Manager Roger Ulstad PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPRDVAL OF AGENDA AND OTHER ITEMS DF BUSINESS The following items were moved to the Consent Calendar: VI. A. Request by Edengate for a one-year extension to their developer's agreement; VII. B. 2nd Reading of Ordinance No. 79-29, rezoning from Rural to R1-13.5 for Cardinal Creek Phase 2 by Western Construction Company and developer's agreement; VIII. F. 1. Proposal from Fox, McCue & Murphy to conduct 1979 Audit; and VIII. F. 2. Payment of Claims Nos. 5625 - 5749 & 5760. MOTION: Redpath moved, seconded by Dsterholt, to approve the agenda as amended and published. Motion carried unanimously. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, AUGUST 21, 1979 Pg. 8, 4th para., 3rd line, strike "would" and insert in lieu thereof "might", and in the 4th line strike "then" and in the same line strike "the" and insert in lieu thereof "some". j. MOTION: Redpath moved, seconded by Pauly, to approve the minutes of the City Council meeting held Tuesday, August 21, 1979, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Request to set a Public Hearing for Nemec Knolls for October 16, 1979 B. Request to set a Public Hearing for Shady Oak Industrial Park 3rd & 5th Addition for October 16, 1979 C. Request to set a Public Hearing for Mile West Office Building for October 16, 1979 D. Request by Edengate for a one-year extension to their developer's agreement (formerly item VI. A.) E. 2nd Reading of Ordinance No. 79-29, rezoning from Rural to R1-13.5 for Cardinal Creek Phase 2 by Western Construction Company and developer's agreement (formerly item VII. B.) 2 9 U Council Minutes - 2 - Tues.,September 18, 1979 F. Proposal from Fox, McCue & Murphy to conduct the 1979 Audit (formerly • item VIII. F. 1) G. Payment of Claims Nos. 5625 - 5749 & 5760 (formerly item VIII. F. 2) MOTION: Osterholt moved, seconded by Penzel, to approve items A - G on the Consent Calenar. Roll Call Vote: Osterholt, Penzel, Edstrom, Osterholt & Pauly voted "aye". Motion carried unanimously. IV. PUBLIC HEARINGS A. Schoenfelder PUD, request by G. P. Schoenfelder for Planned Unit Development concept approval for 46.3 acres zoned Regional-Commercial and Rural for uses of Commercial, Office and multiple residential purposes. (Resolution No. 79-129) Continued Public Hearing from July.17., 1979. City Manager Ulstad suggested the Council consider continuing this Public Hearing to the 2nd meeting in November as the proponent has not returned with additional information as requested. City Planner Enger explained he had a conversation with Dick Knutson, McCombs- Knutson, representing the proponent last Friday and he assured Mr. Enger they would be forwarding a letter requesting a continuation for 60 days, which as of this date has not been received. Prior to that discussion staff had no overtures toward a Planning Commission meeting from them at all. Penzel stated based on the lengthy delay we have to assume they are going to revise their proposal rather substantially. From a procedural standpoint we would be in effect neglecting to have this matter reviewed by the Planning Conmission,and Penzel commented he doesn't believe we would be well advised to neglect the formal review process we have required. Osterholt asked if the proponent was advised it was the staff's recommendation to continue this matter. Enger replied it was more in the form of that was what their request was going to be. Staff instructed that the request be in a letter form and the Council could either take action on that request or take some other action. Staff did not advise the proponent there would be a staff recommendation in favor of continuing this item for 60 days. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and deny Resolution No. 79-129, the Schoenfelder PUD request for Planned Unit Development concept approval, and advise the proponent to reapply in • the customary manner. Motion carried unanimously. B. Independent Millwork by Darkenwald Real Estate, request for PUD Concept approval of 8.30 acres for commercial and rezoning from Rural to Commercial for one lot. Located north of W. 78th Street, south of the Presbyterian Church and Leona Road residential area, and east of Eden Prairie Auto Body Shop. (Resolution No. 79-138 - PUD, and Ordinance No. 79-27 - rezoning) Continued Public Hearing from August 7, 1979 Ulstad explained the proponent for the racquetball club has withdrawn at this ( point in time. However, Mr. Darkenwald or his representative would like to make a presentation before the Council for concept approval, including information as to the storm sewer measures that will be taken on the site. 29�1 Council Minutes - 3 - Tues.,September 18, 1979 B. Independent Millwork by Darkenwald Real Estate (continued) Bruce Knutson, architect for the proponent, outlined the request for PUD Concept approval of 8.30 acres, stating they feel the overall concept is valid and they would like to proceed with concept approval at this time. The proposal would include their own storm sewer system which Knutson detailed to the Council. Enger explained this is the identical planned unit development concept plan which the Council reviewed about eight weeks ago, and this plan was originally reviewed by the Planning Commission at the July 9th meeting and subsequently at the July 23rd meeting. At that time there was also a request for preliminary plat and rezoning of the racquetball parcel. Now those two requests have been dropped. The recommendations regarding the PUD overall concept at the time the Planning Commission reviewed this before, were that the general commercial uses were in conformance with the Major Center Area plan and the Comprehensive Guide Plan. The Planning Commission felt there was a pedestrian system which was illustrated connecting all of the uses and also a sidewalk along the north side of W. 78th Street, but that an additional sidewalk along one of the right-of-way boundaries of Titus Road would be an improvement to the pedestrian system. Enger further commented one thing the Planning Commission did mention about the motel site on the western side of the site, they felt a motel use would be a proper land use but the development plan as shown the Planning Commission did not feel was the best development method for that site. There is somewhat of a wooded knoll and there does appear to be room on the site to do something a little bit different, perhaps retaining some of the existing vegetation. The rest of the recommendations of the Planning Commission were really pertaining to more detailed information that would be required prior to rezoning on the racquetball club site, and they recommended approval of the PUD with the exception that'the motel on the western side of the property on that specific development plan not be approved although the land use would be proper. General discussion took place regarding the relocation of Titus Road and the three accesses into the project. Gil Darkenwald answered questions of Council members regarding the possibility 8f multiple uses for the property under consideration. Osterholt stated until we have some specifics on the development that is going in on the site he would not be in favor of approval. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and deny Resolution No. 79-138, the request for PUD concept approval for Independent Millwork by Darkenwald Real Estate on 8.30 acres, and that the request for rezoning be withdrawn at the request of the proponent. Motion carried unanimously. C. Public Hearing for 1979 Special Assessment (Resolution No. 79-174, approving the 1979 special assessment rolls) City Engineer Jullie spoke to the proposed assessment roll as outlined in Exhibit A of Resolution No. 79-174: (: • 1. I. C. 51-315 - Utility and Street Improvements in Lake Trail Estates No questions asked. 2q9p- Council Minutes - 4 - Tues.,September 18, 1979 ( C. Public Hearing for 1979 Special Assessments (continued) 2. I. C. 51-319 - Street Improvements in Norseman Industrial Park 2nd Addition (W. 74th Street) Penzel referred to communication received from Frank Walz, legal counsel for Condor Corporation and Oak Grove properties, objecting to the proposed assessment as his clients do not believe that the street improvements benefit their property in any way. (Communication from Mr. Walz attached as part of minutes). Osterholt requested that staff respond to the letter and show where the benefit is. Jullie responded the improvement abutts Condor's parcel and during his last conversation with the Condor people they indicated a desire • to have driveway access to this road. •Penzel added when the Condor --,... proposal was before the Council some years ago it was always anticipated that their western most building would have access to W. 74th Street. Herliev Melle objected to the one year delay of construction which has resulted in additional holding costs of his property prior to sale. Jullie replied when the City got into the construction phase we did discover a problem of right-of-way and had to proceed to negotiate with the Condor property owners to acquire a strip. Therefore work did cease while negotiating the right-of-way and the project had to be delayed and the con- tractor relieved from his completion deadline. However, in checking back through the Feasibility Report estimates are very close to actual costs. (Letter from Mr. Helle attached as part of minutes) Pauly asked if there was validity in Mr. Helle's statement that the City didn't properly carry forth condemnation. Jullie replied the City negotiated rather than going through condemnation and came up with what was felt a very reasonable price. In fact, the same price Mr. Retie is marketing his property for. City Attorney Pauly commented on letter received from Mr. Walz and suggested the Council may not want to take any action on this matter until the October 2nd Council meeting, thus allowing Mr. Pauly and City Engineer Jullie to analyze the benefit charge ratio a little bit further and possibly present something more to the Council by way of support at that time. Council concurred to continue consideration of I. C. 51-319 to the October 2nd Council meeting. 3. I.C. 51-321 - Utility and Street Improvement on Lotus View Drive No questions asked. 4. I. C. 51-329 - Utility and Street Improvements in Crosstown Industrial Park 1st and 2nd Addition Dick Anderson questioned why not a 17 year spread rather than a 5 year spread on assessments. Jullie responded it has been the City's policy when it is only one land owner or developer involved, that we go with a five year tens. If there are multiple ownerships and not all petitioning, we then use the 17 year assessment. Ulstad further stated that was the policy recommended by the bond consultant. 2993 7 Council Minutes - 5 - Tues.,September 18, 1979 C. Public Hearing for 1979 Special Assessments (continued) 5. I. C. 51-332 - Sanitary Sewer Extension for Super Yalu headquarters site 411 and adjacent properties No questions asked. 6. I. C. 51-334 - Drainage and Street Improvements on Singletree Lane Walter Ball explained he owns property to the south of Singletree Road and Standard Oil/Amoco isn't draining their surface water through the storm sewer but are draining their surface water across Mr. Ball's property. Mr. Ball feels Standard Oil/Amoco should put an underground pipe connecting to the storm sewer and requested that the hearing on this particular improvement project be continued until the situation is straightened out. Jullie replied the City has requested Standard Oil/Amoco to consider installing short lengths of storm sewer pipe, and the last time Mr. Jullie talked to Amoco they assured him they would cooperate in finding a solution that would be satisfactory to everyone involved. Penzel requested that the City receive in writing Amoco's commitment to resolve the drainage problem. Redpath asked if the City could install the pipe and assess Amoco for same. Jullie replied the problem there is going in on private property; however, if Amoco would like the City to install the pipe and assess them we could do that. Council continued consideration of this assessment to the October 2nd Council meeting, thus allowing staff time to pass on the City's concerns to Amoco. Supplementals ; City Engineer Jullie spoke to the supplementals, explaining we are going through the assessment process on the diseased trees and up until the final time the assessments are certified to the County, we can delete from the list any site wherein the owners have either taken steps on their own or otherwise contracted to have them removed. Thus, these assessments could be cut back as property owners continue their own removal process. MOTION: Redpath moved, seconded by Pauly, to close the Public Hearing and adopt Resolution No. 79-174, approving the 1979 Special Assessments; however, continuing the Public Hearing with respect to items 2 and 6 to the October 2, 1979 Council meeting. Motion carried unanimously. D Overlook Place by Hustad Development Corporation & Zachman Homes, Inc. Request to rezone from Rural to RM 6.5, 6.2 acres and preliminary plat 26 lots for 13 duplexeess. Located north of Co. Rd. 1 and east of Yorkshire Point (Ordinance old. 79-32 and Resolution No. 79-167) Edstrom explained on August 21st he stated, because he discovered the law firm of which he is associated with did some work for Hustad Development Corporation, that it would be best for him to abstain from voting, although the matters did not relate to the question before the Council and he has not been involved with any matters in the law firm dealing with Hustad. Since that time the conflict has been resolved by the removal of any Hustad business by his law firm. Considering that the conflict has now been removed, Edstrom stated he will now vote on matters in the future that Hustad may bring before the Council. 2'H4 {t Council Minutes - 6 - Tues.,September 18, 1979 D. Overlook Place by Hustad Development Corporation & Zachman Homes (continued) Dick Putnam, Hustad Development Corporation, introduced Jim Ostenson of Hustad Development Corporation, Rick Sathre of McCombs-Knutson Architects, Jim Zachman, President of Zachman Homes, and John Anderson of Zachman Homes. Putnam presented the proposal before the Council. Rick Sathre, McCombs-Knutson, spoke to the three changes on the site plan from the one originally submitted: 1) setback of units and parking on site, 2) pulling the driveways back to change the configuration, and 3) adding of a tot lot. Sathre stated the proponents are trying to create flexibility in the design. John Anderson, Zachman Homes, displayed illustrations on the design of the units proposed. City Planner Enger spoke to the recommendation for approval to the City Council by the Planning Commission as outlined in the August 13th and August 27th minutes. Enger commented since the Planning Commission reviewed this proposal on August 27th the area labeled park on the northwestern side of the cul-de-sac has been added to the plan. Penzel called to the Council's attention the communication received from Stewart Loper, 9506 Woodridge Circle, in opposition to the Overlook proposal by Hustad Development Corporation. (Attached as part of minutes) • 0sterholt stated he could not see the need for double'units between two single ( family areas, and he doesn't see anything unique about the site that wouldn't lend itself to single family homes. Osterholt commented the proponents might not get as many units, but it certainly would be a desirable site for single family homes. Also Osterholt would like to see single family abutting single family. Osterholt questioned if the site is suitable for 13.5 single family lots. Enger replied in the affirmative. Putnam explained someplace in this rather large part of Eden Prairie they have been trying to provide for some uses other than single family. Putnam stated the proponents' intent here is to provide something a little bit different and a little bit less costly. Whether Hustad would be willing to come in with a plat similar to Bluff's West 1st or 2nd Addition has not been considered at this point. Putnam commented they don't know of a better site suited for what is a multiple family type use. At this point they would not like to do single family; however, if they are forced to that is something they would have to consider. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission considered this proposal on September 17th for about 2 1/2 hours. There are some controversies with the park issue with the Creekwood neighbors. The Parks, Recreation & Natural Resources Commission recommended approval to the Council contingent on the Planning Staff Report of August 9th with the exception of number 7, and added that the developer dedicate the lot for the mini-park in lieu of the pathway down the hill. Lambert spoke to further recommendations of the Commission as outlined in minutes of September 17th.'':'' John Kelly, 9576 Yorkshire Lane, commented this is the first meeting the York- shire people have been notified of a public hearing on Overlook Place and they would like the Council to take this item and refer it back to the Parks, zi9s Council Minutes - T - Tues.,September 18, 1979 D. Overlook Place by Hustad Development Corporation & Zachman Homes (continued) Recreation & datum] Resources Commission so they can become involved in the process. Mr. Kelly spoke in favor of a mini-park below the hill which could be used for some of the older children as well as the tot age. and suggested a contingency agreement be attached if Hustad does build double houses , stating they would have to owner approved, owner owned, and owner occupied for a period of five years. This way there would not be any rental problems, the owner would have to live in the house and the realtor could not purchase up the block after he has built it and rent it out to just anyone. Kelly commented the Yorkshire people have been unable to talk to Mr. Zachman about some of the concerns as they have always been referred to somebody else. The development of single owned homes would be beneficial to the Yorkshire people and Mr. Kelly stated they would be more comfortable with development of-that type. 1111 Penzel replied to the matter of notices stating the City mails out notices of public hearings based on the homestead records at the City Hall. The reason why many of the residents did not receive a notice when this was beforethe Planning Commission was because they had not registered their home. City Attorney Pauly responded to the suggestion that a provision be included in the agreement that units could not be rented out for a period of five years. Pauly commented that is a restriction that goes beyond the use of the property and he doesn't believe the City has that kind of authority to impose that kind of restriction on that property. Penzel suggested Mr. Kelly turn his additional concerns over to Mr. Enger and 4 Mr. Jullie to address and take whatever action is possible. Osterholt suggested that the developer and City Planner meet and address some of the concerns raised, and that a transitionailot area, that would be somewhat less than 13,500 and somewhat more than 5,400 square feet, be considered as an alternate before the Planning Commission. Edstrom suggested the developer make an effort to contact the people in Creek- wood and Yorkshire that are affected and meet with them on an informational basis to respond to their concerns. Betsy Mueller, Yorkshire Point, asked if she could be informed more in advance of a meeting than at the last minute. Greg McCormick, 9449 Woodridge Drive in Creekwood, stated he felt the land known as Overlook would lend itself far better to single family dwellings. He feels it is more consistent with the larger lot sizes with the original guide plan, which prevailed in Eden Prairie when he moved here five years ago. Tom Myers, 9539 Creekwood Drive, commented he would like consideration to be given to the 9 lots on Creek Knoll Road and requested that the Planning Commission also review those. MOTION: Redpath moved, seconded by Osterholt, to continue the Public Hearing for Overlook Place to the November 6th Council meeting, and refer same back ( to the Planning Commission and the Parks, Recreation & Natural Resources Commission for review of a single family type use and discussion of the lots along Creek Knoll Road as part of the overall concept, and instruct staff to renotify the affected neighborhoods of the Public HearingS. Motion carried unanimously. 2 494 Council Minutes - 8 - Tues.,September 18, 1979 E. Shady Oak Industrial Park 4th Addition by Richard W. Anderson. Request to rezone from I-5 to I-2, 13 acres and preliminary plat 2 industrial lots. Located north and across Shady Oak Road from Shady Oak Industrial Park 2nd. (Ordinance No. 79-33 and Resolution No. 79-168) Richard Anderson spoke to the proposal and answered questions of Council members. City Planner Enger explained this proposal was reviewed at the Planning Commission meeting on August 13th and the Commission recommended approval to the City Council on a unanimous vote as outlined in minutes. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-32, rezoning Shady Industrial Park 4th Addition from I-5 to I-2. Motion carried unanimously. • MOTION: Pauly moved, seconded'by Osterholt, to adopt Resolution No. 79-168, approving the preliminary plat for Shady Oak Industrial Park, and direct Staff to draft a developer's agreement including the recommendations of the Commissions and Staff Report. Motion carried unanimously. F. Request for Municipal Industrial Development Bond approval in the amount of 1,500,000.00 for Eden Prairie Partners (Res. No. 79-173) Jerry Knoben, Northland Mortgage Company, summarized the application and • answered questions of Council members. Penzel questioned why the proponents are proposing to place this as a mortgage rather than as bonds to be sold on the market. Knoben replied the interest ( rates are historically high and today to do this project with coventional financing the rates would be 10 3/4 to 11%. Penzel asked if it is not possible to place MIDB's on the public market rather than finding institutional lenders for same. Knoben replied the rate is the saire, so there is no advantage to do it either way. Penzel added it would be an advantage to public participation in the proceeds and he feels that is what the whole law was set up to provide. Penzel further questioned the present financial condition of Fabri-Tek. Mr. Mickelson, President of Fabri-Teck, replied generally Fabri-Tek has had some financial problems. They are all under renegotiation and they are optimistic this will be completed prior to the year end. They are in a fast improving mode at the present time. Scott Thorpe, architect for the project, spoke to the design of the buildings proposed. Edstrom recommended a change in Resolution No. 79-173, section 3.3, 4th line, by striking "reasonable" and inserting in lieu thereof "sole". Council concurred with this change. Mary Ingber, bond counsel, comnented historically up to473 and'74 most revenue bonds were sold through underwriting houses. In 1973-74 they started using private placement and found going through the underwriting houses to be a more expensive route than to have a private placement with one or two lending !' institutions. Malcolm Reid, one of the owners of the buildings, stated he investigated the public offering of these bonds and found out the project would not be financially feasible with that process. Reid commented the person who would be reaping the benefit would in this case be the tenant because without doing this through the private offering of the bonds, the prniect just isn't possible. Council Minutes - 9 - Tues.,September 18, 1979 F. Request for MIDB's for Eden Prairie Partners (continued) Edstrom questioned why the project wouldn't be feasible through the public offering. Reid replied the additional cost of the public offering is such that it makes the project infeasible for the owner. Edstrom stated he has some concerns in view of the things that have been discussed, i.e., the relatively uncertainly that the tenants will stay in this facility for a very long period of time in comparison to the 25 - 30 year period of the bonds. Penzel expressed concern regarding the lease/financial situation. .se,,. Osterholt explained he has been.on record opposed to..the sale.of•MIDB's-where the offerings are made privately and not through the public syndication of the bonds. Mr. Reid requested that consideration of this proposal be continued the I' October 2, 1979 Council meeting. MOTION: Redpath moved, seconded by Pauly, to continue consideration of Municipal Industrial Development Bonds for Eden Prairie Partners to the October 2, 1979 Council meeting. Motion carried unanimously. G. Request for Municipal Industrial Development Bond approval in the amount of $650,000.00 for Eden Prairie Mini-Storage (Res. No. 79-171) David Erickson, Project Manager for Swedenborg Construction Company, described the six individual proposed buildings for Eden Prairie Mini-Storage. Edstrom questioned how long the lease terms will be on the individual +, components. Mr. William Dahl, Eden Prairie Mini-Storage, explained the units will be used mainly for manufacture representatives and basically with the history of other mini-storage units they will probably rent for a period of one year. Also people who are moving in and out of apartments can rent for 30, 60 or 90 days depending. Edstrom recommended a change in Resolution No. 79-171, section 3.3, 4th line, by striking "reasonable" and inserting in lieu thereof "sole". Council members concurred with this change. Osterholt asked for a definition of what "other" included in the estimated • project cost. Mary Ingber, bond counsel, read from figures submitted in the application to the Commissioner of Securities. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 79-171, approving the request for Municipal Industrial Development Bonds in the amount of $650,000.00 for Eden Prairie Mini-Storage. `; No "ayes"; Redpath, Osterholt, Edstrom, Pauly and Penzel voted "nay". Motion failed. H. Request for Municipal Industrial Development Bond approval in the amount of ( 0,375,000.00 for Anderson Lakes Limited (Resolution No. 79-172) Dick Riley, President of Dougherty, Dawkins, Strand 8 Ekstrom, Inc., whose firm is the underwriting firm involved in the financing of this transaction, introduced Mr. Sutherlin, President of one of the firms which will be one of the two major users of this facility. ;.. Mr. Sutherlin described the project and summarized the application. Council Minutes .10- Tues.,September 18, 1979 H. Request for Municipal Industrial Development Bond approval in the amount of $3, 75,000.00 for Anderson Lakes Limited (Resolution No. 79-172) Continued Riley explained their firm is an underwriting firm and a mortgage placement firm. Discussed the placement of this financing with the company and determined that private placement was the appropriate way to do it for a number of reasons, the prime ones being, this is an office building type of facility, these are two privately held companies not publicly held like Fabri-Tek, and they desire to have the debt placed privately because of that. Riley stated it is their judgement in the marketing of these bonds, based on other experiences with similar projects, that this would be the best way and fastest way - which is important this time of the year as they are trying to get under construction as quickly as they can. It would take more time and mote expense to do the public offering. MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing and adopt Resolution No. 79-172, granting Municipal Industrial Development Bond approval in the amount of $3,375,000.00 for Anderson Lakes Limited. Motion carried unanimously. V. REPORTS OF ADVISORY COMMISSIONS No reports. • VI. PETITIONS, REQUESTS & COMMUNICATIONS A' A. Request by Edengate for a one-year extension to their developer's agreement. This item was moved the Consent Calendar (item III. D.) VII. ORDINANCES & RESOLUTIONS A. Ordinance No. 79-34, amending the Firearm's Ordinance (Ordinance No. 337), revising hunting zones Osterholt suggested no changes be made this year, and when it is considered that it be done far before the hunting seasons. MOTION: Osterholt moved, seconded by Redpath, to continue consideration of Ordinance No. 79-34 and instruct staff to bring the issue back the first part of next year in the form of a Public Hearing. Motion carried unanimously. Osterholt asked how many permits are issued to people living within Eden Prairie and how many who live out of Eden Prairie. Ulstad replied about 7D permits were issued to people living in Eden Prairie, and about 150 - 160 to people living outside of Eden Prairie. Council directed the Public Safety Department to try and enforce the trespassing laws. B. 2nd Reading of Ordinance No. 79-29, rezoning from Rural to R1-13.5 for Cardinal Creek Phase 2 by Western Construction Company and developer's agreement This item was moved to the Consent Calendar (item III. E.) �fff ' ?gag Council Minutes - II - Tues.,September 18, 1979 VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS 1r A. Reports of Council Members 1. Councilman Paul Redpath referred to letter from Michael Bosanko, member of the Metropolitan Parks & Open Space Commission, and updated the Council on Cable TV. B. Report of City Manager No report. C. Report of City Attorney __ _ 1—Ordinance regulating the moving Of buildings into or within Eden Prairie_ _ I Vern Skallerud, 7350 Green Ridge Drive, spoke to and presented a petition to the Council with approximately 500 signatures consisting of 24 pages (Page 1 of the petition is attached as part of minutes and complete {! petition is on file at City Hall). General discussion took place regarding the 75% written approval by owners of land within a radius of 500 feet of land upon which the building would be located. Along with Mr. Skallerud the following spoke in support of the petition: Richard Fischer, 18830 Partridge Circle, Bev Cronk, 18895 Pheasant Circle, Jeff Hulting, 18825 Partridge Circle, Karen Ellison, 18925 Pheasant Circle, Mr. Schroedermeier, 7130 Green Ridge Drive, and John Jansson, 19130 Homestead Circle. City Attorney Pauly explained Mrs. Crank called him after the meeting of the Planning Commission and indicated that a number of persons in her neighborhood and others are quite interested in a provision in the ordinance which would require some kind of vote or total by surrounding residents. Pauly's response to her was if the Council felt this is a provision which you would like to incorporate in the ordinance, that he would advise the Council. --- •. -- Pauly stated he does have some concerns about a permit being issued on the basis of, in effect, a vote of residents and had some difficulty in deter- mining where the proper objective criteria would be in making that issue subject to that kind of approval. If it is the Council's desire to go in a ` that direction, Pauly asked that he have some time to research the problem and come back with an appropriate opinion. Pauly also spoke to the information received from other communities. MOTION: Redpath moved, seconded by Osterholt, to refer the ordinance regulating the moving of buildings into or within Eden Prairie to the October 2nd Council meeting, and referring same to the City Attorney for consideration of the following changes: 1) fencing and safety on the site, 2) Planning Commission recommendations with exception of 7, 3) appeal process to the City Council, 4) notices to abutting property owners, 5) signs to be located on the property, 6) the viability of veto power by property owners, and that the City Attorney review factional information from adjoining communities. Motion carried unanimiously. MOTION: Osterholt moved, seconded by Edstrom, to continue the Council meeting past the 11:30 PM scheduled adjournment time. Motion carried unanimously. • 3600 Council Minutes - 42 - Tues.,September 18, 1979 D. Report of Director of Community Services 1. Amendment to Joint Powers Agreement/Round Lake Park (ballfields) 47 Director of Community Services Lambert requested that this item be continued to the October 2nd Council meeting as the liability language has to be rechecked. Council concurred with Mr. Lambert's request. 2. Comprehensive Park Plan MOTION: Osterholt moved, seconded by Redpath, to adopt the Comprehensive Park Plan. Motion carried unanimously. E. Report of City Engineer • 1. Discussion on Crosstown extension Mayor Penzel referred to memo from Carl Jullie, City Engineer, and the upcoming meeting before the Hennepin County Board of Commissioner's on September 26th. Penzel asked for Council concurrence on statement he will make before the board at that time (item 3 in memo). Council members concurred with Mr. Penzel's statement as outlined in memo dated September 14, 1979 as follows: "Put both projects (Crosstown Highway and Townline Road) back into the Capital Improvement Program without designating funding but indicating that construction would be dependent • upon Federal Aid Urban or interstate substitution monies". F. Report of Finance Director 1. Proposal from Fox McCue & Murphy to conduct 1979 Audit This item was moved to the Consent Calendar (item III. F.) 2. Payment of Claims Nos. 5625 - 5749 & 5760 This item was moved to the Consent Calendar (item III. G.) IX. NEW BUSINESS A. Liquor Store Lease Proposal by BarMil Search Corporation Larry Mikan, BarMil Search Corporation, appeared before the Council and presented the proposal for the City to•lease property for a liquor store. Council felt the location proposed would be a logical location but the lease is too long and the price is not feasible. Council requested the proponents to come back with a more feasible proposal. X. ADJOURNMENT MOTION: Osterholt moved, seconded by Pauly, to adjourn the meeting at 12:29 AM. Motion carried unanimously. �f 360 • • O'CONNOR & HANNAN SEP 181919 w J.o`oe««ow ATTORNEYS AT LAW IOTA COO JM1 act W t«OM.f I.1• WAWA Ave.M.W {{{{{0err.s.. ■ TNIRTY.mCIONTH FLOOR,t o s TOWER ww/NtNOTON.C.C.R0000 eocoott t.oo0v°w1 SO iOYTN ltO NTN iTRCCT 1IORt9s•-•TOO *C NATO L.PORT L»NLT«•.JW«tl.JO• ►.+w16W+.dCOwMM wW!lWt J.C»w»t•A«sow, a. MINNEAPOLIS,MINNESOTA 55402 wTIWCW T. /N...J.•...toot LOW.RO W.Iwoosc• I..w......DOWSE, JONN J./L,». J.Ncs w J.•PS• 0121 1.1-3.00 wT NAvw JOf wlo i.WILIW[M ooaCW r.wiR.Luw TNONA!».Wallow• Iw.wuf o.wfnc s 0-0504 NOW.W0 C. *yours* TCLCCOPICR•12 3A1-Y000/Ll0) *AVM.O.motto o osot:• ta.,L. S so — RICNARO O.rowo.« ..W. CMS sort n.tl.w W.Nocn•awo• JOwN 4.A. OrN[wrraiN TNONN W.wwI WCC• • JANtf P. OTWAR i1N PACED OA LA LAMA.• OwVtW OMAlt • MWIPIAS N.tAwlo+Wl• PIANO,laN�SPAWNS, MAOR10 I.aww1N MARTIN M.OCwl1MCw• TiwlNCi P.•OVIR• • 27•-II2. ORAWORT A. • «0►C C. ORM A.A.S*UN,JR. ' T▪HOM I,wwil.l•� NRC CSI A.•Nuw10 /ALW A•• IOTA N00 sawbT,LI/[Aa1L01M0 too MAC O.JOtty• J.CWTLAR• [OLM CA W.OOMPH late PLACE NI •COloION• 1' ' lL1AN f..L,NN OLOIVCR• .C•)LOAA00 00.02_ pON.IO L.wCOYR• _ y .lo00LPM J.N.,M - - 0IOl1193-7737 PUSS C.M•KL• F, roma..C•.0 tM1•-HTO) JC0►LN«PAT,•fOlo• _ September 18� 1979 00.00...S.oars.•sWN• too..oovw.lN• ROwLw,J. . M▪ART..M»•O,POTTERSON• City Council JWs[wN,ul,.Llw. City of Eden Prairie I o.,»W.P•O». JWAN A.Mealo«.M fee 8950 Eden Prairie Road • ...,ti ..OrW.Wi'w"ix. Eden Prairie, Minnesota 55343 1+ Re: Notice of Hearing on Proposed 1. Special Assessments - Street Improvements - Norseman industrial Park 2nd Addition 1. Gentlemen: 1' We represent Condor Corporation and Oak Grove Properties. We have received the Notice of Public Hearing to consider the proposed assessments recited ; above. Please be advised that our clients object to the proposed assessment against Condor Corporation for the improvements to 74th Avenue, which we understand to be in the amount of $34,955.62. Our clients do not believe that the street improvements benefit their property in any way. The entire benefit will be conferred upon the property lying north and west of 74th Avenue. Yours v truly, Prank J. WalztI FJW:emw 51-31, T • TO: Eden Prairie City Council & Staff FROM: Herleiv Helle RE: Proposed Assessment of 74th Street, Improvement Contract 451-319 I'. According to figures given me in regard to the above improvements, there are at least two things which should be pointed out to the Council: 1. I had been given a credit of $10,800.00 and Condor Cor- poration (Oak Grove Property) has been given a payment of $10,800.00. I presume that this reflects the property • donations made by each of us to the City for the right of way. This equal credit for property donation ignores the fact that I gave a 40' wide right of way and Condor provided only 27. Therefore, an adjustment should be made in that figure to provide an increase in credit for me. - 1 2. The project in this case was delayed from final comple- tion due to problems which the City had in obtaining necessary title to the southern half of 74th street. This delay was caused by a combination of Condor's unwillingness . to convey property to the City and the City's inability to properly carry forward condemnation proceedings. As nearly as I can tell from the figures provided, this has caused additional costs somewhere in the neighborhood of $20,000.00. This delay was not due to uncontrolable factors such as weather, shortage of materials, etc., but was rather caused by the conduct of some of the parties involved. Therefore, it seems that any benefit which ' accrued to me and my property accrued at the time the original project was proposed to be completed and I should not be further penalized by having to pay increased costs due to delays caused by other parties. I request that the Council take the above into consideration and make an equitable adjustment in the assessment. 3003 7 i • STEWART C. LOPER t 9506 WOODRIDGE CIRCLE EDEN PRAIRIE, MINNESOTA 55344 September 14, 1979 Mayor Wolfgang Penzel 7236 Ticonderoga Trail Eden Prairie, MN 55344 Dear Mayor Penzel: • I understand that the proposed plan for the development of Overlook Place by Austad Development Company and Zachman Homes will be heard by the Eden Prairie City Council on Sep- tember 18, 1979. I will be unable to attend that meeting, but I am concerned about some aspects of the proposed use and development of that property. My questions are as fol- lows: 1. Does the proposed use fit within the "transitional" use designated by the Guide Plan for the development of Eden Prairie? • I understand the term "transition" used in the context of land development to signify a "process of change". Look- ing at the proposed Overlook Place development, it would seem that the transition should be from the more dense, low cost, single family dwellings of the Yorkshire Point area to the relatively less dense more moderately priced homes of the Creekwood area. It does not, to me, seem appropriate to make a transition between the single family dwellings in Yorkshire Point and the single family dwellings in Creekwood by inter- posing a development of multi-family or duplex dwellings. In addition, the development proposal as submitted to the Planning Commission provides for only one architectual style or plan for all of the structures on all of the lots in the plat. This, too, does not seem to me to be "transi- tional", since both the existing developments, Yorkshire Point and Creekwood, have architectual diversity. I understand that the Planning Commission recommended that the developers consider additional architectual styles for use in the pro • - posed area. I feel that in keeping with the Guide Plan, • numerous architectual styles should be incorporated, and that if the Council decides to approve the use as proposed, that the developer be required to submit enough architectual plans to assure that similar plans will not be constructed next to each other. I feel that this must be a requirement of the proposed use and that all unit plans should be submitted to the Planning Commission for approval prior to final appro- val of the use plan by the Council. Mayor Wolfgang Penzel September 14, 1979 Page Two 2. Have the developers provided adequate recreational 'areas for use of residents in the proposed development and adjacent areas? I understand that the proposed development area includes plans for a "tot lot" and also that land adjacent to the pond at the intersection of Highway 169 and Creek Knoll Road will be used as park area or left undeveloped. It appears to me, however, that neither of these areas is sufficient in terms of the needs of the people living north of County Road 1 and east of the junction of County Road 1 and U.S. 169. Tot lots are fine for children of 5 or 6, but they are not of much use to children who are 9 and10. Those children are playing softball, soccer, touch football, etc., and really need and deserve an open field area in which to play. The area next to the creek is not large enough for open field activity and it presents some dangers in terms of the pond. Other parks proposed for Eden Prairie are all situated on the other side of a busy thoroughfare with the attendant danger to the safety of the youngsters. In my view, therefore, the proposal pending before the • Council should not be approved without substantial modifica- tion to conform the proposal to the Guide Plan and to provide adequate recreational facilities for the citizens of the area. Respectfully submitted, StewartLoper SCL:slb • 3 / PETITION presented to the Mayor and City Council members of Eden Prairie. September 18, 1979 We the home owners of Eden Prairie hereby request that the City Council revise City Ordinance No. 176, relating to the moving of buildings, to contain the following requirements' • A. Public Hearing . 1. Neighborhood approval ' . a. securing the written approval of,at least . • • 75 percent of the owners of land within • ;,' " a radius of 500 feet of land upon which • • • the building is to be'located. ' We the home owners of Eden Prairie are trying to encourage _ • •• • our.City to build commun$tie$,-.not mov _e t iem_ n.,,, . '' Petition here undersigned —,2L ,pa,,� NAM? / t STREET Ann?ESS90% -7�? i7/- ,C 'O .2 c• �� �1� '7 �It e,)v & �/,c) J,(_r liAd 74,2 3/4--7444 1:: �6 � ( 1., 7��d1 _,..„2 I V, `- •.� _e _ . : ! • ,/ ), / %„,.. sii � n...� /j. // . •, 1 Kt � T. 2,4 ._ .r /�Q, / CG a,,�e., ,/.'. 7/513 C ' I t<- ; ,z • �L. 951*m4% . (41'.etJ=✓ �iG(-7 il-tLe>%"+1/4.7 4 �-r .uJt r� 1 - � ie/ri3 9` -e 4 _ mzo-Z• / . ' 7//5 Ti(wNdG�,eV TIZ l . `' . .; -- //U ) 7/67/ 7ico ,7&roc 6 Tr i •"1:i ,IS:i .'%',',:I) >,) T/0/ /,'r>•J.!4,4, ;. , , • r (rSS iL(Gc� _ c_,( At. N J katsr 70c 7 Ti is u.c�rrc+fa) . . (? e[r.// 2 C= 7 7G.5-eJ -17C.0,.44.iCGs , *.le _ �17 , fe:ee.,e,e� -, _ 6_,` :: i ( 2c.- 3-A ,u,•t_,v is,7c 4 do g , lc•,,.z. /-ice .,3,7 - f/— J ' /�'�.;'.5 J ire. -.,0%/41 . CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST October 16, 1979 CONTRACTORS (1 & 2 FAMILY) GAS FITTER Harvey Homes, Inc. Air Associates Richard Wiese Construction Co. HEATING & VENTILATION CONTRACTORS (MULTI-FAMILY & COMM.) Air Associates Construction 70, Inc. SBS Mechanical Inc. Hoyt Construction Co. Inc. Major Construction Co. Inc. VENDING MACHINE G. T. Mork & Co. Inc. M. A. Mortenson Co. Anderson Cornelius Co. R. J. Ryan Construction United Properties PRIVATE KENNEL LICENSE William H. Barth These licenses have been approved by the department head responsible for the licensed activity. Cindy Plante, Licensing Clerk PRIVATE KENNEL LICENSE Theresa Elliott - See attached memo Roger Farber - See attached memo These licenses have not been approved by the department head responsible for the licensed activity. Cindy P ante, Licensing Clerk 3003 • DATE: 9-22-79 TO: Cindy Plante • FROM: CSO Pauline Olson X) • SUBJECT: Private Kennel License Investigation of 6525 Rowland Road • The dwelling is a private home in a residential area. According to the City Assessor's office, the lot occupies 10 acres. -It is secluded from other neighbors by trees. • I arrived at the home and found only one dog out. It barked for only a couple of minutes and then went and laid down. While there I talked to • a neighbor who said that the Farbers were going to be building a metal fence to contain the dogs. While I was there the people who were going to put the fence up arrived and started the construction. It might also be noted that their application for the license mentioned a fence, which they are evidently going to be putting up. Other than the construction going on the dwelling appeared to be kept up. The neighbors comments are as follows: • "No I don't think so from the standpoint of all the noise. I would say not. It wouldn't be right. t "No problem if they fence them in." "Well, two of his dogs killed my dog right by my back porch. They run at night, not during the day. If they could keep them home fine." "This is a doggy neighborhood and I guess their getting a kennel license would help control it." "They run at night. But if they could keep them home fine." • • 30O1 DATE: 9-11-79 TO: Cindy Plante • FROM: CSO Pauline Olson PC SUBJECT: Private Kennel License Investigation of 14301 Crown Drive • The dwelling is a private home.in a residential area.. Checking with the City _ _. Assessor's office, the lot was found to have 130.48 feet in front, 205 feet in back. east side 195•feet, and the west side is 234.26 feet. According to Theresa Elliott's application four of the dogs are house dogs and are kept in the house. One dog is kept on a leash during the day by the doghouse. I observed the yard and found it to be unkept. I checked the area by the dog outside and found it not to be as clean as it should be in a resisential area. The dog outside was tied up and started barking the closer I got to the house. The ..neighbors comments are as follows: "They are nice people, but careless as far as keeping the lawn clean. They have had the dogs for a long time and have been no serious problem yet." "She is a nice person and takes care of other dogs too." "The place needs to be fumigated. The dog keeps me up around 11:00 p.m. with its barking. I don't want to complain but everyone is entitled to one dog not a zoo! Very unfair to the neighborhood if she got the kennel." "One of the dogs bit my girl. If she can keep the dog on her property fine." "The work is to much and she doesn`_t keep it clean now. For the next door people I would say no. No, it is a bad idea." "No complaint as long as she keeps them on her property." "No, I don't know. They never bother me - it's fine." If you have any questions in regard to this investigation, feel free to contact me. • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO.79-187 Jr' A RESOLUTION APPROVING FINAL PLAT OF CARDINAL CREEK , WHEREAS, the plat of CARDINAL CREEK 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 r 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 CARDINAL CREEK is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated October 9, 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 • John D. Frane, Clerk r er 4r 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 Julie, City Engineer DATE: October 9, 1979 SUBJECT: CARDINAL CREEK ROPOSAL: The developers, Cardinal Creek Associates, are requesting City Council approval of the final plat of Cardinal Creek, a 59 lot single family plat located easterly of Baker Road and southwesterly of Nine Mile Creek in Section 3. HISTORY: The preliminary plat was approved by the City Council on April 3, 1979, per Resolution No. 79-60. Zoning to $1-13.5 was finally read and approved by theCity Council per ,{ Ordinance No. 79-05 on May 15, 1979. The Developer's Agreement referred to within this report was executed on May 15, 1979. VARIANCES: All variances requested must be processed through the Board of Appeals. 717ILITIES AND STREETS: The developer has requested City installation of all public utilities and streets within the plat. The improvements were ordered by the City Council on May 15, 1979, per Resolution No. 79-101 If islands are to be constructed at the entrance to Co. Rd. 60 withing City right-of-way, the developer must agree to restrictions for sign- ing and maintenance of these island. This agreement most be mad3 prior to the release of the final plats. PARK DEDICATION: The requirements for park dddication are covered in items 3, 4, 7 and Exhibit c, Item III of the Developer's Agreement. Outlots A, B, D and E will be dedicated to the City. Outlot 0 will be replatted to the proposed 2nd phase. BONDING: Requirements for bonding are covered in Exhibit C, Item V. RECOMMENDATION: Recommend approval of the final plat of Cardinal Creek sub- ( ject to the requirements of this report and the following: 3011 _ 2 - 1. Receipt of Warranty Deed for OUtlots A, 8, D and E. 2. Receipt of cash deposit for street signs in the amount of $820.00. 8. Receipt of cash deposit for street tights in the amount of $2,164.80. CJJ:kh • • • • 3011 T October 16, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-188 - RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING AMER TISEMENT FOR BIDS (I.C. 51-355) WHEREAS, the City Engineer, through Rieke Carroll Miller, Assoc., has prepared plans and specifications for the following improvement, to wit, I.C. 51-355, Utility and street improvements Ti,r Cardinal Creek, Phase I - - and has presented such plans and specifications to the Council for Approval: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The City Clerk 'shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published for 3 weeks, shall specify the work to be done, shall state that bids will be opened at 10:00 o'clock A.M. on Thursday, Nov. 8, 1979, and con- sidered by the Council at 7:30 o'clock P.M. on Tuesday, Nov. 20, 1979, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or dprtified check payable to the City for 5% (percent) of Such bid. ADOPTED 'by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John De. Frane, Berk • 3013 • October 16, 1979 I CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 79-38 AN ORDINANCE CHANGING THE STREET NAME OF BENTLY COURT TO BENTLEY COURT fRIDGEWOOD WEST) _" THE CITY COUNCIL OF THE 'CITY OF EOEWPRAIRIE"DOES ORDAIN-ASFOLLIDVS: — — ` The street name Bently Court is herein changed to Bentley Court within the platted limits of • Ridgewood West. 1 , FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this 16th day of October, 1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1979. Wolfgang H. Fenzel, Mayor ATTEST: John D. Frane, City Cferk WESTWOOD PLANNING I4 ENGINEERING COMPANY ir September 25, 1979 t9 Mr. Carl 3ullie, City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Mn. 55344 RE: Ridgewood West. Dear Mr. 3ullie: • On behalf of Centex Homes Midwest, Inc. we respectfully request a street name change' in Ridgewood West. A street in the north- east corner of the plat (see enclosed plat) was inadvertently misspelled on the final plat as Bertly Court instead of the in- tended Bentley Court. We request the City Council and City staff take the necessary action to facilitate this change. Please contact us should you have any questions. • Sincerely, WESTWOOD PLANNING & ENGINEERING COMPANY 0i as e%•- Francis D. Hagen Sr P.E. FDH:clk Enclosures tc: Centex Homes Midwest, Inc. • Nil WAYZAIA OOYLEYA ID.WNM[MOUS.MINNESOTA UM pill 1.16.01111 S+Iotdl.D 15E: tD Nf-LE`( C.oug-r 43,4,..,/<eitei Dt/48 . • 4 iY`V/: DI See.ZZ iY�0 Coo fy/LJo soensi,f OUTLOT_ B. • �oB - _ e` GE a _ .::,yp00 UTILITY3s28? ••sdtoo ' Neel ti - o �► / C S.7 \ �p s TseO '§8 EASE ` t • i "\ \a 55 l,� 56 b°Y7 MENT, •,� t r• N. I \wiz _1 ��r�a� rD/O'.. ,�� \ yi� 1 '8 i o '1/: , b• . S m� yti rA f' ,h • , h s m� ti � N$ M1 m�a 1 �vj v�4, 06 /� �4%57\1M �..) 1. 6i 84" • O t1✓ 0 b tt" .961i�F• ti l y"i4s t 'SZ•54- At d o l ti ,rm-->58 '. j—;s,�= 3{ r`...?.1 ,� $t,_ a.•hI�/! _oft__ 6,57w! Ste- S.ao D b I 77.1 h �6PiE>�,i' 1�•.....j ytrosi abs :.! 9178. ?ao i ,ht,Q. ,•. r •6`i . I I . 3 ---• .M1p• yso •�,b 0 ?3 p� ''oO 5}55g9H �•�p4•�,�ls o t. t ' S 4! ' ` 1 - e, -,, --.P.. • - _ -1 /oo . Z`^ 9 S7' 7y-' O .a-Sim -\:.' r, ni "9q,._ ,^ e:/ oT\e=.•6Q4..r i1 9047E'a1'. 1 • D44 ,.' CO i. 5q• 0 r- .. 1 �E y q0 •)11 'O • \ o ' •o•`.•E a. _r ?-t --E .S'- 1 36 8. • ' ^ I iit .b 8D �'it•..\ • 0 ./ }9a' �`w �/ az 51e3 r i 7,t. .p' `�J,m ' 3�•-so/ 62 - -'aM1b •1i0O ;h a1 •-; e l 's000 . •::25%ai0- e: ._ / 187 t t • O• . �'‘ P S z as '�° ti 9 r ( a (I pS 50' tan} m%, ti e o° nP.'• �• a , t h 4J e•o 0't, �,� vw o. .. ..i• J.AO V v t o°• �� 'a 9?�' 6113 V. � �• S \ •.� a1$o ti 2 • ^;e. .34 - 861 e , h i p4°.4' ;. '- a I. > ' 9 q1 u. !% 47 o I t} taJ T..,.. 0.,E ;a .tl.- �J-4:. ��` •: i •40 i6 7 30� eJt t f�6 •\ .. a -� . 1•D Xi Oct. 16, 1979 CITY OF EDEN PRAIRIE }� HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-189 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT ON IMPROVEMENTS (I.C. 51-359) WHEREAS, a petition has been received and is proposed to make the following improvement's: ... - I.C. 51-359, Utility and street improvements... . . ..•..,,_ in proposed Norseman Industrial Park 4th Add.., W. 74th St. and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE; BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of Rieke Carroll Muller Assoc., Inc., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost, cost, assessment and " feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk • 307 • • Phone: 933-1144 HERLEIV HELLE • 6138 Arctic Way Edina,Minnesota 55436 • October 5, 1979 City of Eden Prairie - Attn: Carl Jullie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Jullie: • Attached is my petition to the City for extending storm sewer, water main and street pavement on 74th Street through my property, known as 1320. • I am still the owner and title holder of Norseman Industrial Park, 3rd Addition, but it is under option. I may have the optioner sign the petition also, but attached is a copyof a our agreement pertaining to assessment, etc. In my opinion, 111 they have committed themselves already. • Sincerely yours, ' • Herleiv Belle NH:ca Attachment • • • • 3011 CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVFMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the following described improvements(s): Sanitary Sewer Soa/rh 3� _�ne/ral Location) {,r )) �j Cam' i+L�/p /` Watermain /I '�<fl•1' "/ f! /77 r%r /•/1 5/ X Storm Sewer 4X 1`:li+j/,c+y/ . Street Paving Other Street Address or Other • Legal Description of Names of et oners Property to be Served .• Be, e t Owners /L c.)t a?), ✓et.1 ift• / 1 /7 s /1 C. /-//4 .2 z -dec/ eh? //Gi✓!N 44 fa a/4 e e • • • (For City Use) • Date Received • Project No. • Council Consideration • I 3019 I 1 inst the subject property which are rnees. The balance of the purchase price after :es and special assessments assumed shall me polu In cash or by certified check at the time of closing. !. I/ (2) "Conveyan'ce. Upon payment according to the foregoing, the Optionors shall convey Lot 1, Block 1, Norseman 3rd Addition, Hennepin County, Minnesota, by general warranty deed conveying marketable title to the same, subject to the following: (a) Building and Zoning Laws, Ordinances, State and Federal Regu- lations; (b) Restrictions relating to the use or improvement of the premises without effective forfeiture provision; (c) Reserva- tion of any minerals or mineral rights to the State of Minnesota; (d) Utility and Drainage Easements which do not interfere with present improvements. ARTICLE 6. ASSESSMENTS AND TAXES If not assumed by the optionees, the optionors shall pay all special.assessments for improvements which have been completed and assessed and for improvements which are under construction, on the date of this agreement, but which have not been levied. Optionees shall pay all the assessments for all future improve- ments. The Optionees shall, upon request of the owners of unplatted land described as tax parcel 1320, give their consent in writing s for local improvements, including, but not limited to, storm sewer, r wate lines, street improvements, sanitary sewers, sidewalks, curbs and gutter and current services, to the governmental body or agency installing the same and shall agree to ply_any assess- ments levied for such improvements which are assessed against-Eat 1, Block 1, Norseman Industrial Park 3rd Addition. The Optionors shall pay real estate taxes due and payable in the year 1979. Optionees shall pay all'real estate taxes subsequent thereto. ART-ZCLE—7-. DEVELOPERS CONTRACT The property is current subject to a Developers Agreement with the City of Eden Prairie. The Optionees agree to comply with all terms set'forth therein. ARTICLE 8. NOTICE Wherever in this Option to Purchase it shall be required or permitted that notice or demand be given or served by either party to this Option to Purchase to or upon the other, such notice or demand shall be given or"served and shall not be deemed to have been duly given or served unless in writing and forwarded by registered or certified mail, postage prepaid, addressed as follows: 3U10 October 16, 1979 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-190 RESOLUTION AUTHORIZING PERMIT APPLICATION __ .. ... WHEREAS, the proposed sanitary sewertatetor►structed . - •--• .. _. in Bluffs West 2nd Addition requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The City Engineer is hereby authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the MWCC. ADOPTED by the City Council on Wolfgang Penzel, Mayor • ATTEST: ( John D. Frane, Clerk Architecture Interior design graphic design land planning research Richard Schwarz/Neil Weber 9Z5.3542 3601 Park Center Boulevard Minneapolis Minnesota 55416 MILE WEST Mitchell Road at W. 78th Street MILE WEST is a cluster of four or five small private office suites each with direct access to the outside and is designed to house professional • " ' affltBs and'businesses owned brand serving Eden Prairie residents.--Thee • - - concept is to provide a high quality small scale business environment closely related to the community. The attached information is included in support of the rezoning of Lot 4, Block 1, Edenvale Recreation Center Addition for the proposed office building. The MILE WEST site, just to the east of Davids Restaurant and Deli is approximately .85 acres and is part of the Edenvale P.U.D. It is bordered on the south by Highway 5 (West 78th Street), on the west by a private frontage road serving the business in the area; on the north by undeveloped land designated for commercial development on the Edenvale P.U.D. and on the east by a five acre parcel, presently unzoned. Eden Prairie Guide Plan Update Exhibit A, May 1979, attached, designates the area as neighborhood commercial. • Vehicular access to the MILE WEST site will be by the private frontage road connecting Highway 5 and Mitchell Road which serves the adjacent restaurants and undeveloped commercial sites and by the one way exit lane from Highway 5 which borders the site on the west. Traffic leaving the site on the southwest corner will be limited by roadway alignment and divider to right turn only. The undeveloped 5 acre parcel of land to the east bordered by Highway 5 and Purgatory Creek which flood plain reduces its usable area to less than 3 acres. The present owners have the parcel for sale promoting it for office or restaurant use. The only access to this site is by a twenty five foot roadway easement along the north edge of the MILE WEST site. MILE WEST is served by sewer and water service on the northwest corner of the site. Presently, the site drains through a storm sewer into Purgatory Creek and the system will be extended into the site. No additional utility work is anticipated. It PM .t� `\ • I'll— ' NLJ� t' ' l' , p pm 1 ,� ' \ r--. ' i "1 :1741;;.'',..i. #4.reve7d dlydr-1--1,- ; ! ; F.- . -. - .4- t-• r— fcilp,-:i!m'iip; 1 1 ,if/ ..r...Dr. •'SI I. ...... ,t.', ...tr- ..,..4 ., ,..,..... ........, . .... , i I 04,‘,..,. ''''; I' - • - 'i'• �'�J- fir» •T � b \ \� �_ 1 i'f;• P / 11:i! ies ., ''•\ 0.,./rd" ,_. ........117.4 '.7i.... -.3%-•. 110.1& rti- ,_-.-4-- ., "co 141' Pb01-1-.1tP ..." -",r--rrf!..4•1.---:::--- -.7--4 Ill 11° ' ”.L.a..411ad a ..,. . iir ,T., ..ti.44„.---1 -4L0 40 ,,,Rc -v.- --4 , . _ ,,k ,... ,_„„.,.. , ... ,,....0 MI 1 ; : . y-'*1 itirla4v 111\3hox aY1 . ...:--4'!4iiiii 404--.-i-c-ii --PP-7---- --:::-.1-zi'.-./.4* -olri:41 -, '......°.. • . .i'''' Cid ' ._..lib+ g wirer. ',...:2'1.L.'hi .r. i: - L.4".1 „ !: IA ®�.- / Or ��� o.. �L 'e iU 7 ° : t..R.:11'')' S I 4 , :/ • 1 . ;el / ‘ filif 1 p , ... • I BMA . , -, . _:•:. ,' ,,, • .. . p . ,,..„,,, . ... : . ... . 1/4.4 ......E.-,.., • P r r:,cyfy �.. H ��. _ . -t i. . . . • Eden Prairie Guide Plan Update LAND USE PLAN EXHIBIT A _ram. UNDESIGNATED- low density residential P 'public open space.fbodptan.park RM •medium density residential + •church.cemetary io be p•Iai a medium devisesYdevisesmoonedir RM2•r CS •CitY services RH •high density residential F •fine station SE •-secondary education • 0 •office Id •industrial SC 'sports complex ( NC •neighborhood commercial HC•herrnepin county CC •community commercial 0 •quasi public,open space,H.O.A. • RC •►egionaloomrrrer'cial 1990 TRANSPORTATION PLAN EXHIBIT C per: .non —,PRINCIPAL ARTERIAL >=INTERMEDIATE ARTERIAL Revised: Feb.May�i9 --MINOR ARTERIAL titi .1 /102 3 —COLLECT M ft C N • i r lD: 1,. • ?. I Ili I , :, b . 2i81 • I fa 01 11 • F II • Ifni• flj Q t0 I jili ' • If fir i-�a . 4-- ?,cq'. Pb"..(404:.Nt.',.., ' . , T 4 1 —". r s ;� 1 '; e �' f �tk"A ' _ hn • / 'S."c'•./\may' , _— W d . ;I • • I I , • . . . E +J. ?I . if I 1)3 I 0 1 1 . ..1 I I 0 F 11 1 1)-6 R 21; II 1. 11 9 amt if li II i it f i ,,,,,,. ? i f f f •. .... .. -1 ; .I 1 .. _. . , , ; _ , , . /A 1. . .. . . 1 . II ..Ld -ir Li \ \ 1 1,. le, It-,4 t , . . , • 0 t ova. Az i . 1 e _ -7, „„,,„ _ ,. 1 • •i __ 1 1 _ i ' 1 --''1 - -4:--f7.. . .4 . "- ... . .• t 2 i i i• 0 II • .,—• li 1 fl il 14 . I S • . , • (17r,') . . . .. ..,... E 1 4.• la 0 i 1 IIIhIII1i i . , , T ,e .,, ; ,,,, i ..) : , . 40, ,, , !.. ;. ; . —, • -D-- �. 4 . lek•P.• .•-- . i��.10.9 ; --"- eil § i -!/ 14 I it 0a(9 • 1 ti i'lli • go . _ ,•• • 6. 0 I , I - ZO 0 I i ' I t Sill! !i ii t il 1 • ii± ! Ii Au, 11111 I 1 --___ S1 Vim. 6 _ i , ,fir i i 1 Il t] i . ._ _ '; . ....--17,1 - 1: t 1 r �. i i E s • !I if I! • I i l i• I i1Ii1! Ilif l a 11W0/1I;, . . . . . `.�' ��it ji'I P '�I4,�+uutl �� v i `s T��riiii i ,. I JO • N r 1 II..;ly!I ' ' 4 +�. . . 11Ilia, 4 IY•' '1 - Ill. ' . 15 ; . ,.' • 77OK l I.+ , I N (. i . . • • 8 i co ill 3 V 0 I il 1 • . I sge ji il II i 1i . ..., , . ` ' f ' '( ;'Ijl ' , qt • Y. • ' r 1�, Ii :si ,I,,.1 ; i i ,,. 3v.301 i' p t L,' tt 4111111 '1 I ;51t 1 ►111 a Z:ilia i Amid -I j Iii I 4; 4 .11 Il - ..,, ,'C1, S 'r`I41: • MI . ll r:if li 1. ,i, Ilili III +►firVII Ii � 4 3C�z°► • • MILE WEST OFFICE PROJECT Lot 4, Block 1, Edenvale Recreation Center 2nd Addition, in the Southwest Quarter of the Southwest Quarter, Section 10, Township 116, Range 22. On the north side of Highway #5, one block east of Mitchell Road. SPECIFIC PLAN REQUIREMENTS 1. Ownership Purchased from Edenvale, Inc. by Donald G. Streeter and Nelson L. Andrus as tenants in common. Warranty Deed from Edenvale to Streeter and Andrus dated August 16, 1978. 2. Developer It is probable that the developers and eventual owners of the project will be Donald G. Streeter, Nelson L. Andrus, Richard Schwarz, David Schulz, and Francis Hess. Don Streeter and Bud Andrus have been Realtors in the area for 22 years. Mr. Schwarz is a principal with Schwarz- 10 Weber Architects in St. Louis Park. He has designed many office buildings in the metropolitan area. David Schulz is a contractor. He has built three industrial buildings with Andrus in the last two years in Eden Prairie. Hess is an investor. The office building being planned is a . 6,500 foot building with five exterior entrances for five small office users. Streeter-Andrus, Realtors will occupy one portion of the building. ‘The other four offices will be for lease. It.is the intent of the developers to own the building as an investment. The possibility of "condominiumizing" the building has occurred to us, but at this time we consider it a remote possibility. 3. Fiscal, Economic Developers expect to use cash and a conventional mortgage to finance development. Commitments will not be sought until the project has city approval. 4. Development Method Developers plan to develop this single lot, build the building themselves, occupy a portion of it themselves. IL 3030 I 5. Boundaries and Boundary Conditions The lot has 112.42 feet on the north side of County Road #5. The east line is 201 feet. It borders property owned by William Bye, etal. The northern lot line is 189 feet. There is a 26 foot easement along this line for automobile and pedestrian ingress and egress onto the property to the east. The western boundary borders on Outlot B which is a road serving the McDonalds, Mr. Steak, and David's Deli restaurants. 6. Project Area and Other Major Ownerships Three restaurants are to the west of the project. Highway #5 is on the south with M.T.S. across the highway. Wm. Bye, etal., own the property to the east; and we understand are interested in developing their land commercially. The land to the north has been designated Recreation-Commercial. It is owned by Edenvale Land and others. 7. Regional Relationships This project will not have a significant impact upon the area. The area is already of a commercial nature, and this project is small. 8. Existing Land Use and Occupancy It is vacant. 9. Existing Transportation Systemst We would be doing nothing to change this. 10. Existing Zonings Commercial to the West Industrial South across the Highway Recreation-Commercial to the North Proposed Commercial to the East 11. City Guide Plan Framework Comprehensive Guide Plan indicates C-4 (Highway Service Use) for this parcel. 12. Critical Public Decisions ! We doubt that the development of this small parcel would 1 involve any public decisions of a critical nature. If ', 13. General Project Information This is a small, one building project that should not have a serious impact on any neighboring properties. As one can see from looking at the plan, it's a "low profile" building. It is on the highway, surrounded by properties of a commercial and industrial nature. The only thing unique about this project is its small size (to conform with set back and parking requirements) and the fact that each occupant will have an exterior entrance. • • • • j t 303;. • 1. 4'141113°14 Minnesota 1110 Department of Transportation 1 e( • District 5 • 2055 No. Lilac Drive °FT Golden Valley, Minnesota 55422. September 11, 1979 Ma)545.3:ut Mr. Chris Eager. • Planning Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minn•.aota 55344s - • • .. • •••., • In Reply Refer To: 315 SP 2701 T.H. 5 Plat Review of Mile West Office Building located approximately one block east of Mitchell Road and North of TH 5 in Lot 4, Block 1, Edenva3.e Recreation Center, 2nd Addition, in the Southwest 1/4 of the Southwest 1/4 Section 10, Township 116, ! Range 22 Dear Mr. Enger: /1• We are in receipt of the above referenced plat for our review in accordance k with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the .•r plat acceptable for further development with consideration of the following .. comments: • A — It is our understanding that the proposed development will use the existing access on TH 5 and no new access is proposed. If this is the case, this particular development should have little.impact other than additional traffic added to TH 5. As this and other developments occur, the City should continue their efforts to provide local street ' systems to take some of the burden off of TH 5. Since TH 5 is operating near capacity, the only real relief would be through major • construction such as is proposed with new TH 212. If you have any questions in regard to the above comments, please contact our District Layout, Research and Development Engineer, Mr. J. S. Katz at 545-3761, extension 150. Sine , • 1. Crabs rd, District Engineer . 111 cc: Charles Weaver Metropolitan Council Gary Backer . Hennepin County Surveyor's Office An Equal Opportunity Employe! 303aj • .E.© ALL MEMBERS PRESENT Planning Commission Minutes -5- approved Sept. 10, 1979 11 Torjesen asked if the developer can provide the needed right-of-way if right-of-way is not obtained from Mr. Blossom. The Planner replied affirmative. Mr. David Holland, 9860 Bennett Place, objected to giving up 13.5 feet for right- of-way and the possible assessments to improve the road. Torjsesen asked if it would be necessary to hard surface Bennett Place south to Blossom Road. The Planner replied negative. Motion 1 Bentley moved, Gartner seconded, to close the public hearing on Creekview Estates. The motion carried unanimously. Motion 2 Bentley moved, Torjesen seconded, to recommend to the City Council approval of the rezoning from Rural &RI-22 to RI-13.5 for Creekview Estates as perthe staff report of Sept. 5, 1979 with modificaton to 6—allowing the north cul-de-sac to be extended contingent upon the adjacent property's development; and addition of the following: 9. That all lots be platted with a minimum of 90 feet of frontage and be in conformance with Ord. 135. 10. Request the Parks, Recreation and Natural Resources Commission to IDdefine the Conservancey Zone location prior to City Council review. 11. Recommend that Mr. Holland's property not be assessed for Creekview Drive until such time as he develops the property. 12. That Bennett Place not be improved past Creekview Drive to the south at this time. Motion carried unanimously. • Motion 3 Bentley moved, Torjesen seconded, to recommend to the City Council approval of the preliminary plat dated 8-21-79 as per the staff report of Sept. 5, 1979 with the modification and additions listed in Motion 2. Motion carried unanimously. F. Mile West Office Building, by Bud Andrus. Request to rezone .78 acres ?rom Rur,.ltn Office for a mult-tenant office building. Located west of Purgatory Creek and North of MacDonalds. ----Retterath left at 11:00 PM Dick Schwarz, representing Bud Andrus, reviewed the project noting the following items: the site is less than 1 acre in size, a right-in off of TH 5 serves the property along with the internal road system, the building is proposed to be constructed of wood and will contain 4-5 office suites each with a private entry, they concur with the recommendations-Of the staff report,and were unaware that the property falls outside of the Edenvale POD and therefore would be subject to cash park fee payment. The Planner summarized the recommendations in the staff report highlighting the site's proximity to Purgatory Creek, necessary easement across the north side to allow for access to adjacent prpperty, and the recommendation that the southern most entry into the parking lot should be eliminated for safety reasons. approved Manning Commission Minutes -6- Sept. 10, 1979 Torjesen inquired how the change to the site's parking lot at the north end would effect the building. Schwarz replied he does not expect that the exterior or placement will change, Just the interior make-up. Bentley asked if in the future it would be possible to change the present private road system within Edenvale Family Recreation Center to a public system. The Planner stated it has been investigated and will be pursued when the northern half of the Center develops. Dick M ahaffey ,18975 Valley View Road, inquired if the Public, Safety Department reviews and comments on development proposals. The Planner replied the Public • Safety Department receives all development proposals. Motion Torjesen moved, Bentley seconded, to recommend to the City Council approval of the rezoning of Mile West from Rural to Office based upon the staff report of Sept.6,1979. Motion carried unanimously. G. Michelangelo Gardens Considered with Item C. previously. H. House Moving Ordinance Beverly Cronk,18895 Pheasant Circle, submitted for the commission review Ordinance information from 3 other cities and items they would like to see `. included in an Eden Prairie Ordinance (both dated 9-10-79 and attached) The Planner referred the Commission to the draft ordinance, 9-5-79, prepared by the City Attorney. The Planning Commission made the following suggestions to the ordinance: -a permit & criteria should apply to houses or structures being moved through Eden Prairie to another city. -public safety department should be notified 24 hours in advance -bonds should be posted whether the structure is being moved within, into, or through the City. -ordinance should include more criteria related to safety of unit, surrounding properties, residents of the neighborhood. -strict age as to structures which can be moved in will prohibit movement of barns, sheds, garages, etc., -besides notices being mailed& notice in paper,the City could erect a sign on the property informing the neighborhood. -neighbors , like the mover, should have an appeal process to the City Council. • C .Ellison, 18925 Pheasant Circle, requested that the ordinance include neighborhood input and veto power , not review by the Board of Appeals. ()3S . STAFF REPORT TO: Planning Commission FROM: Chris Enger, Manning Director ( COPY TO: Don Streeter I Bud Andrus DATE: Sept. 6, 1979 APPLICANT: Bud Andrus REQUEST: Zoning District change from Rural to OFC. District LOCATION: Project is located in Edenvale Recreation Center 2nd - Addition, Block 1, Lot 4. This property is located on . the NE h of intersection of Mitchell Road and T.H..#5, ....,,,,..,.,.,..: • directly east of existing David's Deli Restaurant. BACKGROUND: The 1979 Comprehensive Guide Plan illustrates this area as a neighborhood commercial. In 1972 Edenvale Planned Unit Development illustrated this area as Regional Commercial. In 1975, Edenvale Family Recreation Center • as depicted on Figure 2. was approved as a develop- ment concept for this entire quadrant of the inter- section. The three restaurants illustrated on the plan . are now in place and you can see from the plan the first lot now intended for office use was orginally projected • • as a parking lot for the entire Family Recreation Center. ( Figure #1 shows the relationship of this lot to surround- ing parcels and also shows the existing zoning of Rural. The community commercial zone includes all of the Eden- 4 vale Family Recreation Center but-excludes this site. • - Fp 3 4, i.lts'i . , * ; • :: - :. 1..... -/11:-''-•- COMM P U D-:::::-:: 7 Ilia ,i6c1X ,y?4 .rr " v- Li.,' --ip ,---I 1, -, a I /y I-5 PRK c...7.7..... . : : '-\. � ti I- Pr< !' )� � r N I — I ......_. '_PRK F`E� 16-9.16.10 ;—5 - PUB • ( FIG.1 � /.,Y. IT, r • •1_ r..� �t.._);' 1•F .5t-r 1711 N 'S • S' 1 Staff Report-Mile West Office -2- Sept. 6, 1979 1 9 Or LAND USE: Because of this parcel's unique proximity to T. H. 115,included �, in a small amount of land that is left between the fast food restaurants of Edenvale Family Recreation Center and Purgatory Creek, the office use is an acceptable land use in this location. ACCESS: The property currently is bounded on the south by a small sliver of land owned by the First National Bank. There is an access which cuts through this parcel which is a right-in only access from TH 5 and also serves Edenvale Recreation -. Center. This property has no frontage•on a public->"ead,--- - As part of the approval of the Edenvale Recreation Center 2nd Addition, outlot B (0.26 foot wide road inplace as a private drive ) was to be owned and maintained by the commercial association in the area. Outlot B is to extend through the northern 26 feet of this parcel to provide it access and also provide the property to the east with • • access. • . c ti t r ...........„... ::....e ': • ••.!...t:'''tr:...„41=:•'.-•.1.,),-/- • } • s Q �•.. yam_ .=w 1 � `l It % ^ , ji;;Y:6,71.11;..,11.1if:--- 1'••:711 .•".%;...4".: Iti".;-:;?.4, ' . ! • �•� ?.T N�;�� -- y j •1 ( ., » r-:.: �.�. - r••: L�• .1a(c2..•—.•.T,�S.=:i: t:P.c:i ti _.. t (.2...73j 1 FI 1. • ' . 'tt' ,.: , i• S:v,r. :,." 'enIu,.. J , -- — — ,ice. r, • • Staff report-Mile West Office -24- Sept. 6, 1979 { The site plan, figure 3, illustrates the 26 foot wide driving lane on the north side of the property. However, there are 11 narking spaces which back directly onto this drive. The 3 existing restaurants ( David's 0eli, MacDonald, Mr. Steak) all contain parking areas which do not back onto the private drive. Because of serious traffic problems already occurring in this area, the Planning Staff would not recommend the parking lot configuration • as outlined by the proponent. Figure 3 shows a possibility of relocating 7 of the 11 spaces shown on the north side of the building to the south side. This is possible because there is more than 50 feet which is the required front yard setback from TH 5 from the property's southern property line to the right-of-way of TH 5. Relocation of these 7 spaces as shown highlighted by the dotted/shaded areas on figure 3, would also allow for the elimination of the right turn into the site. The right turn into the site , directly*from TH 5, does not allow adequate stacking distance when coming off of TH 5 before turning into the site. The Planning & Engineering staff therefore feel ( the right turn into the site should be eliminated and changed to a "right-out"only. The building is approixmately 6,200 square feet in size , therefore according to the Parking Ordinance 141, 5 spaces / 1,000 is required, 31 parking spaces are needed. The plan as proposed illustrates 34 parking spaces. The Planning Staff revision would eliminate at least 4 of the spaces, and by moving the building further north in the exact configuration shown, would possibly eliminate 5 spaces. This would bring the project 2 parking spaces below the requirement, so the site plan. or building size May be modified . • PARKS AND OPEN SPACE The site does not contain any floodplain area and is not within the shoreland area. Although the site was shown surrounded by regional commercial on the original Edenvale PUD , it was excepted from the PUD because it was not under Edenvale's ownership at the time. Therefore, the cash park fee of $1400 / acre should be payable at time of building permit issuance. M1 3()38 IitJ • 0. .�., . pi �{ 4" i f s go( pi . c x : t�1 % ��O h gi liii ,.I. 1 s 4 t ryry wr"'r 7 - s. ill I , ..„....,„.7.. , , ;I:irit....s.i.,,„, -i ;0'.. f.„..,...., * .... Wt s t b. I - :: ' I ,; .•P• ems,: • ( I i I ! DAVID'S DELI 0 Staff Report-Mile West Office -3- Sept. 6 , 1979 UTILITIES The plan must be submitted to the Riley/Purgatory Creek Board of Managers for review and recommendations to insure proper erosion control sedimentation devices. SIGNAGE All signage for the site shall be in conformance with Sign Ordinance 4261. PARKING All parking within the site shall be completely screened from the access road to the north , TH 5, and the access road to the west. RECOMMENDATIONS The Planning Staff would recommend the Planning Commission recommend approval of the rezoning from Rural to Office District with the following stipulations: 1. The Plan be reviewed and approved by the Riley-Purgatory Creek Board of Managers for proper erosion / sedimentation control. ; 1 2. The parking on the northern portion of the plat, which backs onto the access road, be removed and relocated internally . • 3. That access be granted to the eastern property across the northern 26 feet of this lot. 4. This lot join the condominium association which maintains the roads within the Edenvale Family Recreation Center. 5. The cash park fee of $1400 / acre shall be payable at time of building permit issuance. 6. The southern right-in access to the site should be eliminated and replaced with a right-out only. 7. Parking shall be according to Ord. 4141. 8. Signage and landscaping shall be according to City ordinances with landscaping screening parking from public streets. • CE:pb it 1 r IP ' a 1 Ni j xi I I i i ,fil c i I i I L iv ' I. fIST ill 1 ~1• WI- t I t *S^} , • .i V � I �.l . . ' ‘4. 4 al I I 1 I I 3-- ' '-., ••••; 'Vl.\ . ',,,, 1 /n Y 15i t .::.,../124,..:t..;..;17..••.v...\S'1i .... ..7W ii; N3.4'li,,i i'll'''; .\_.. .4 i .: ,D, - . .----•.r ,t :nyof.:ft:i.*, ,,i_j• -. \ :1 . ; .:. 1; -.$:jvi.,.f.r.••__:... A', .., ••--.• •j? ,z,:-.9,...'7,---;;TI-T.,.. — rtt jaj(•lµa _rt fsi, ram` `''�.�✓__ Revised site plan as per . staff report of Sept. 6, ' 1979 • IL . � __T 1 of 11iJ e t� s `e August 17, 1979 LUBRICANTS S CO. 9449 Creek Knoll Rood/Eden Prairie,Minnesota/53343 • DISTRIBUTORS OF APPROVED PETROLEUM PRODUCTS / QUALITY CHEMICALS To: Planning Commission of Eden Prairie, Minnesota Ownership: - Property hLs been owned by Nemecs - 28 or more years. Developers: - Owners intend to sell individual lots to person wishing to build. Land is presently homesteaded by Nemecs. It is approximately 3 acres and is located in the north quadiant of Creek Knoll Road and Purgatory • Creek. We gave the name to Illesesemame Creek Knoll Rd. which was formerly Township Rd. #1. A fire hydrant is on edge of present site where our home is on Creek Knoll Rd. Sewer and water is available for the site and the Nemecs house is hooked- up to the municipal service. Ike Cul-de-sac serving the property can be extended to serve the property to the north if necessary. There are 25 or more mature Norway, Scotch and Blue Spruce Pine trees that were planted by the Nemecs oefore building present home on property. _ Several large, very old Oaks are on the property along with fruit bear- ing trees. Outlot A - on platt presented was created upon request from Highway Dep- artment. We respectfully request your review and approval of Nemec Knolls. Thank you. . DHN 4_2,zed I//Z-1,44& It 3011 64/ • • MEMORANDUM TO: Parks, Recreation and Natural Resources Commission 1 • FROM: Bob Lambert, Director of Community Services • • DATE: October 11, 1979 1 SUBJECT: Development Proposals NEMEC KNOLLS This proposal is continued from the October 1 meeting because the applicants were not in attendance to answer questions of the Commission. This is a 3 acre parcel with on existing home and four additional homes proposed. • e Staff has recommended the 835 contour as the conservancy line alone this portion of the creek. RECOMMENDATIONS The Community Services staff would recommend approval of the Nemec Knolls preliminary plat and rezoning from Rural to R1-13.5 contingent upon the follwoing: 1. Payment of cash park fee as per applicable ordinance for Lots 1 S 2, Block 1 and Lots 1 $ 2, Block 2. 2. Developer must agree to a scenic easement within the conservancy area. 3. Dedication of the floodplain along Purgatory Creek. • This recommendation will be consistent with the City's requirements for development along all of the creek areas within the City. : PARKS, RECREATION, AND NATURAL RESOURCES COMMISSION HAS NEMEC KNOLLS ON THEIR MONDAY, OCT. 15TH MEETING. • 35 MEMORANDUM . Parks, Recreation and Natural Resources Commission rFROM: Bob Lambert, Director of Community Services f�f DATE: September 27, 1979 SUBJECT: Development Proposal Check List PROJECT: •Nemec Knolls PROPONENT: Mr. and Mrs. DonaldNemec REQUEST Preliminary plat approve} of 5•single•fem4iy'lots•and.rezonin9 from Rural ^ - to R1-13.5 LOCATION: East of Creek Knoll Road and northwest of Purgatory Creek BACKGROUND:See Planning Staff Report • CHECKLIST: . ,1 Adjacent to parks? (Neighborhood, Community, Regional) NO • Affect on park: N/A • 2. Adjacent to public waters? Purgatory Creek • Affect a waate s: Excavation must be done carefully and with use of hay bales and snow hence Lu Nw event soil erbsialrffito creek. 3. Adjacent to trails? No Type of trails: (bike,-multi-use, transportation, etc.) N/A Construction: (asphalt, concrete, wood chips, aglime) N/A Width: Party Responsible for construction? N/A Landownership: (dedicated, density tradeoff, etc.) N/A Type of Development? (residential, commercial, industrial) residential Where will CASH PARK FEE go? (what neighborhood) Creekwood No Need for a mini-park? • �. REFERENCE alECK: a. Major Center Area Study: N/A b. Neighborhood Facilities Study: This area is presently on the outer edge of neighborhood park service areas. A small park should be developed east of Creekwood. c. Purgatory Creek Study:See Planning Staff Report pp. 4 • Staff feels the 835 contour is•a reasonable boundary.for the..conservancy area:.,::: along this portion•of the creek. d. Shoreland Management Ordinance: See Planning Staff Report e. Floodplain Ordinance: The floodplain ordinance does affect this site and no development shall occur within the floodplain. f. Guide Plan: This plat conforms to the 1979 Guide Plan Update. g. Other: • 6. Existing or pending assessments or taxes on proposed park property: N/A 7. CASH PARK FEE? The fee applicable at time of building permit shall be paid. S. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or against proposal: 9. Number of units in residential development? 4 new, one existing Number of acres in the project? 3 acres• Special recreation space requirements: N/A 10. STAFF RL•COdsi1:NDATIONS: Recommend approval as per Planning Staff Report. C k r .... Riley- Purgatory Creek Watershed District fr11111 B950 COUNTY ROAD 54 EDEN PRAIRIE,MINNESOTA 55343 e'"' 23/27-053G 4. L • L * September 18, 1979 Mr. Chris Enger City Planner City of Eden Prairie , 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Nemec Knolls Development: Eden Prairie Dear Mr. Eager: The engineering advisors to the Board of Managers of the Riley-Purgatory Creek Watershed District has reviewed the preliminary plans as submitted to the District for the Nemec Knolls Development in Eden Prairie. The following policies and criteria of the Watershed District are applicable to this development. I. 1. In accordance with Section E(2) of the District's revised Rules and Regulations, a grading and land alteration permit application will be required for this project. Accompanying this permit application, a detailed erosion control plan nutJi'tng how sediment_ ..___. .___. will be controlled from leaving the altered areas on the develop- ment site must be submitted to the District for review and approval. 2. A detailed storm sewer plan must be submitted to the District for I review and approval. I 1 3. The District notes that the proposed home to be constructed on - Lot 2 of Block 1 of this development is within the conservancy area as outlined in the Purgatory Creek Trail Study. This conflict must be resolved prior to final approval. If you have any questions regarding the District's comments, please contact us at 920-0655. Sincerely, y Ro ert C. Obermeyer BARR ENGINEERING CO. . Engineers for the District RCO/111 cc: Mr. Conrad Fiskness , Mr. Frederick Richards 3,41E DEPARTMENT OF TRANSPORTATION 320 Washington Av. South •A=;�"-a Hopkins, Minnesota 55343 �' �y, O HENNEPIN 935-3381 September 6, 1979 Mr Chris Enger Planning Director City of Eden Prairie ' 8950 Eden Priaire Road Eden Prairie MN 55344 Dear Mr Enger RE Proposed Plat - "Nemec Knolls" Creek Knoll Road @ TH 169 Section 26, Township 116, Range 22 Hennepin County Plat No 766 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County 10 review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: - This plat does not presently abut a County road. The Hennepin County Traffic System Study recommends TH 169/212 revert to County jurisdiction after new TH 212 construction. ra - For the above reason and the bad intersection angle of Creek Knoll Road and TH 169/212, I agree with the proposal to cul-de-sac Creek Knoll Road near TH 169/212 in the future. - The plat must be approved by Mn/DOT. - Correct the township number in the description. Please direct any response or questions to Les Weigelt. Si cerely i • 1 /% � l• � a. James M Wold, PE Chief, Planning and Programming JMW/LD14:bg cc Donald A Nemec Egan, Field, S Nowak, Inc HENNEPIN COUNTY an equal opportunity employer • approved Planning Commission Minutes -4- Sept. 10, 1979 ALL MEMBERS PRESENT i D. Nemec Knolls, by Mr. & Mrs. Donald Nemec. Request to rezone from Rural to R1-13.5 and preliminary plat 3 acres into 5 single family lots. Located I' at 9449 Creek Knoll Road. A public hearing. • The Planner located the project and reviewed the proposed road system consisting of a temporary cul-de-sac which could be extended north, the impact of the Purgatory Creek Conservancy Zone upon the lots, and noted that grading and utility plans would have to be submitted to the City Engineering and Watershed District for review and approval prior to final plat approval. Mrs. Nemec noted that sewer-and water service are available to the lots and that the road proposed saves as many trees as possible. Torjesen reviewed the recommendations contained in the staff report and asked Mrs. Nemec if she is in agreement. Nemec responded affirmative. Levitt asked if any variances are being requested in the platting. The Planner responded negative. Motion 1 • Lett moved, Gartner seconded,to close the public hearing on the Nemec Knolls plat. Motion carried unanimously. Motion 2 evitt moved, Torjesen seconded, to recommend to the City Council approval of the rezoning from Rural to R1-13.5 for Nemec Knolls as per the staff report of Sept. 4, 1979, with the addition of No. 5-That no buildings be allowed within the Conservancy Zone of Purgatory Creek. Motion carried unanimously. Motion 3 ri-vitt moved, Bentley seconded, to recommend to the City Council approval of the preliminary plat dated July 18, 1979 as per the staff report of Sept. 4, 1979 and item 5 in Motion 2. Motion carried unanimously. E. Creekview Estates, by Larry Heinen. Request to rezone from Rural to R1-L3.5 & preliminary plat 25.5 acres into 29 single family lots. Located at 9840 and -940 Bennett Place. A public hearing. Steve Pelham, Merila-Hansen, Inc.,presented the project with the use of overlays depicting the location, road system, all lot sizes above 13,500, through road at the northeast corner as recommended by staff instead of a cul-de-sac, location of Conservancy Zone, location of utilities, and building pads of the lots adja- cent to the creek. The Planner summarized the recommendations of the staff report and emphasized the need for erosion control and restrictive covenants across the back of lots which abut the creek (below the 810 contour). Gartner inquired who would pay for the Bennett Place road construction. The Planner replied it is expected the proponent will request the City to conduct an ,assessment hearing. Levitt noted that some lots did not have the required 90 foot frontage. Mr. Pelham replied that the frontages would be adjusted. Torjesen asked if Bennett Place extended to Co.Rd. 1 would align with the road north of #1 serving Olympic Hills Fifth. The Planner responded affirmative. 9S STAFF REPORT TO: Planning Commission FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: September 4 , 1979 PROJECT: NEMEC KNOLLS APPLICANT: Mr. & Mrs. Donald Nemec LOCATION: East of Creek Knoll Road and Northwest of Purgatory Creek REQUEST: 1. Preliminary plat approval of 5 single family lots (1 home existing) 2. Rezoning from Rural to R1-13.5 BACKGROUND Both the 1968 and 1979 Draft Guide Plans depict this area as low density residential. The 3 acre piece has been part of the Nemec's homestead for 20+ years and is zoned Rural. • LOCATION MAP ^ IL fe:,1..,U -. ::t._V 9 . ,__, __ __...,..,__ . ___ ,, al , fil = • .... .1011 • "SCARING LAKE-. : • ..,........••■•••• ID `' NEMEC KNOLLS i Li M. - • r ' i. Inc. -111111 27-6 ZJ��VJJ' / iniii 1 PUB - I' ='- ,vr ; r - fit' :-.' ',°�~�.1a,1! 17f—L! Hillsborough - • 27-5 t . PU B < < o / 27-7 I i ' f 97_O , . f Staff Report-Nemec Knolls -2- Sept. 4, 1979 1 • Soils ' The 3 acre site is comprised of Dickman Sandy Loam and Rasset Loamy Sand Soils. These soils have good bearing capacity for residential founda- tions& low susceptibility to frost heave, but due to steep slopes develop- ment of homesites will require additional cost in grading work, utility installation and in some cases retaining walls may be necessary. Excavation of basements and grading of lots upon Lots 1 and 2, Block 1, because of their proximity to the creek will require the installation of hay bales and snow fencing to prevent soil washing into the creek. • Vegetation As depicted on the preliminary plat, various deciduous, evergreen, fruit, etc., trees exist on the site. The road placement does minimize the number of trees to be removed. ORDINANCE REQUIREMENTS • • 13,500 square feet Setbacks: 90' depth minimum 3D ' front 100' width minimum 20 ' rear S 2 units/ac. maximum 10:25 ' sides • The Nemec Knolls preliminary plat meets or exceeds the requirement for the R1-13.5 District of Zoning Ordinance 135. :CONSERVANy(*ZONE,, , • , .•f- -- • SITE PLAN t �; .. The City Engineering Department will k . �r�,t^�tb require additional topo information on -.Li, .7A ;�;`"" • ' the land to the north to adequately \"it: •. ! /,'' '`; review the road and storm water system. ' o -;' / 1 �•' 'Preliminary planning staff review finds '^ �� /, the grading plan depicts a constant •.�'L. ' :. , 9% rise from Creek Knoll Road to the _ r ; ; .' . .. .tt � '. . •northern property boundary. If measure- ;,\‘ , 1,' , ment is taken from Creek Knoll Road ' '• ' to the end of the cul-de-sac, the rise (t ' `' ; '/` .. -. '. is 8% as a 4 foot difference exists ,• .t •;. • .., between the cul-de-sac terminous and \t. , o _ J ... \� �•d;.• the property boundary. • L\\ •. N. N',' 1,0 Ord. 93 limits street grades to lif% ‘ `4/t\ ', 'i. ' ';y ',, ., .,i and the road should be brought within ta` '�• ty. ` t. this limit. 1; Structures on lots 1&2,Block 2 could ` , be tuck-unders, while lots M. ...1:••' :' .v., , '\ '• • block 1 are conducive to walkout units. ;GSU • Staff Report-Nemec Knolls -3- Sept. 4, 1979 • TRANSPORTATION The proposed road serving as access for the 5 lots is depicted as a temporary cul-de-sac at the property's northern boundary. To achieve this temporary cul-de-sac, easements will be necessary from lot 1, block 1; and lot 1, block 2. The cul-de-sac created is approximately 300 feet in length. • The State Highway Department has plans to cul-de-sac Creek Knoll Road at its northern intersection with US 169/212. Nemec's have been asked by the State Highway Department to allow for the cul-de-sac radius upon their property and have complied by designating a portion of the northeast.corner of the • property as Outlot A. If Creek Knoll Road is cul-de-saced . prior to the proposed road being connected-north to Sunnybrook Road,-access•to-Nemec•Knol-ls.•and-Greekwoed• t will be via a cul-de-sac in excess of 500 feet (contrary to Ord. 93). The figure to the right illustrates :�� . how the proposed road if extended c will relate to Sunnyrook Road, • ,,es t *award Hilts Road, and other n t� .' l • possible road systems. • ^d " 1 .. b. 41•40tikairv, I. - • —wag •?Q- ^pro o C `` •?-- omewa d • Vilma i L• ills ad . _ a • • CASH PARK FEE • The lots within the plat to contain new homes will be subject to cash park fee applicable at time of building permit application. • • PARKS S OPEN SPACE • The nearest park land is across Creek Knoll Road where the City recently received approximately 10 acres of open space (including a natural skating pond), and where a totlot is designated to be improved by Hustad Development Corproation and Zachman Homes in the development of Overlook Place. l OS • . 1. Staff Report-Nemec Knolls -4- Sept. 4, 1979 1 Purgatory Creek Study �`., All of the 3 acre piece is within - 41 �' the Transition Zone and part oft"...../......)--the property falls within the Con- .aei' k �,�.. . servancy Zone of Purgatory Creek. I ' , ' .-� "', - _ • Henec's home is situated within the l/lf : .• - gyp,• Conservancy Zone. - • ,\\,, > ,'"=r ' Any new construction within the plat •..3:. : ,:� r•;''• ' Z" will be required to be outside. ,:,1\-.1.� • ••-. of the Conservancy Zone therefore __ c Y�?av' % '.c' . " +,: effecting the placement of structures ` • '3'7f - �..:: on Lots 1 & 2, Block 1. `:'•j� 'I . ; -`% 1 The area south of the Conservancy Line • _! •'- W� ', ',•�� ^ �; should be covered by restrictive covanents-_ in favor of the City prohibiting con- struction, or•removal of natural vegetation. . t uon,ltlen Bono . too-♦yearflood eadWr- SNORELAND MANAGEMENT ORDINANCE The proposed plat meets the required lot size, minimum width , and minimum width at ordinary high water mark of the General Development Waters classification applicable to Purgatory Creek. j ,1 • • RECOMMENDATIONS • The Planning Staff would recommend approval of the Nemec Knolls preliminary plat and rezoning from Rural to R1-13.5 contingent upon the following: 1. Easements acceptable to the City Engineer to provide for the temporary cul-de-sac must be part of the final plat. • 2. Payment of cash park fee as per applicable ordinance for lots 1 & 2, Block 1, and Lots 1 & 2, Block 2. - 3. Final plat, development and utility plans must be submitted to the Engineering Department for their review and approval prior to final plat II approval. 4. All grading and development plans must be reviewed and approved by the Riley- Purgatory Creek Watershed District prior to any grading permit issuance. • • Staff Report-Creekview Estates -5- Sept. 5, 1979 Reconmendations, continued 8. Cont. City could accept dedication of 5.16 acres of park but should not give credit toward reduction of cash park fee as it is not an active park parcel. ••~~-ffthe developer wishes, this i nd-may renew*iris ownersMp'^ .....°,.••^w,^.* with restrictive covanents in favor of the City. CE: 33 • • • • • 3653 • �. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.79-183 • RESOLUTION APPROVING THE PRELIMINARY PLAT OF NEMEC KNOLLS BE IT RESOLVED by the Eden Prairie City Council as follows: 'That the preliminary plat of Nemec Knolls dated July 18,197.9 , a copy of which is attached hereto and amended as follows: is found to be in conformance with the provisions of.-the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the day of 19 . Wolfgang H. Penzel, Mayor John D. Frane, City Clerk SEAL • 3a6ti • STAFF REPORT TO: Planning Commission PROJECT: SHADY OAK INOUSTRIAL PARK 3RD & 5TH ADDITIONS APPLICANT: Richard Anderson OWNER: Carter, Astleford, Mason, Hagen b • REQUEST: Rezoning and preliminary platting for Shady Oak Industrial Park 3rd & 5th Additions from Rural to I-2 Park LOCATION: Within the Smetana Lake Sector Study Area, north of Valley View Road , east of US 169/212, west of Co.Rd. 18 and Washington Avenue, and south and west of Shady Oak - - Road as it is currently under construction. DATE: September 21, 1979 BACKGROUND ' • The 1979 Guide Plan depicts industrial for the area of the 3rd Addition, and high density residential or industrial for the 5th Addition. The land use proposed is therefore consistent with the Guide Plan. Shady Oak Industrial Park (1st) is zoned I-5 and has been recommended ' to be rezoned to I-2; Shady Oak Industrial. Park 2nd has been zoned 1/: 4 to I-2; Shady Oak Industrial Park 4th has received first reading approval for 1-2 zoning; and LeParc , south of the Shady Oak Industrial Park Additions. has also received first reading approval for I-2 zoning. • x ' • Comparison of the requirements of I-2 Park vs. I-5 Park . as per Ordinance 135, are as follows: 1-2 Park I-5 Park • Min.lot size 2 acres 5 acres Min. lot width 200 ft 300 ft . Min. lot depth 300 ft 300 ft Min. front yard setback 50 ft 75 ft Min. side yard setback 20 ft 30 ft Min. rear yard setback 25 ft 25 ft Max. floor area ratio 30% 1 story 30% 1 story 50% mutt story 50%mult story • Max. building height 40 ft 40 ft Although the lot sizes proposed in Shady Oak Industrial Park 3rd & 5th meet the size requirement of I-5, due to severe soil conditions the 75 foot front setback of the I-5 District makes development expensive and difficult in the 3rd Addition. . • Shady Oak Ind.Pk 3rd & 5th Adds. -2- Sept. 21,1979• 11/ (' FINDINGS AND CONCLUSIONS • Because of the soil conditions encountered in the 3rd Addition and since the Sth Addition is surrounded by I-2 zoning, the Planning Staff would recommend rezoning from Rural to I-2 based upon the following: • 1. That no further variances shall be sought for the 3rd & 5th Additions and that they be final platted and developed according to City ordinances. This would preclude the development of the 3rd Addition as shown .on the development plan dated,9/10/79,.an.wh_i.ch there are_j9.fn>i.. ... . driveways, and parking and loading areas. The zoning ordinance and parking ordinance require a 10 foot setback to the loading and parking areas from the property lines ( a total of 20 foot green space between the hard surface area ). 2. All parking areas and roof top mechanical structures, as well as loading areas must be screened from public roads and differing adjacent land uses. Evidence of the screening must be clearly depicted in the final development plans prior to approval by the City Council. 3. Since the 5th Addition is adjacent to residential on the south and west sides, it is the Planning Staff's recommendation that a detailed grading plan be submitted prior to review by the City Council depicting the exact development plan. 4. The developer should provide access to the residential on the • west(Michelangelo Gardens) via 70th Street; and provide the necessary right-of-way for access between Briarfield Estates and Michelangelo Gardens along the southeast and southwest corners of the 5th Addition as shown in figure 1. ' 5. The 5th Addition should be developed so that loading areas are not required along the south or west exposures of the one building to be built. • 6. All lots shall be subject to cash park fee payment, $1400/acre. 7. Owner, developer, shall warrant that no requests, or attempts to provide,outside storage for the 3rd or 5th Addition will be made. 8. A detailed storm sewer plan depicting drainage areas for the 2 additions must be submitted to the City Engineering Department and the watershed district prior to building permit issuance. RECOMMENDATIONS ' 'The Planning Staff would recommend approval of the rezoning from Rural to I-2 and preliminary plat approval for the Shady Oak Industrial Park 3rd & 5th Additions based upon the items under Findings and Conclusions and subject to City Engineer review. • CE:jj • 30510 I • 1 e , . • 4 rr a _ _ a •' • • ` '` VW*flMN!41/ vM IY!> ari//ra�i '' :C t\ �� ' 1.` % 1. )tom• ,"•7 poeof/ — -_ '. • �: • 7.,•"1.I,,,,, : , ' ._,..\••s•es 7 S.....::-A:.L-----...—..... ‘4,:'-'...—;-7.>....,,...., T,/ . .\ % ., ,,,....„.-,...L. i ...ILI . . R4 ;_ 1 R t.��. \. tip. . _- la UV '..r"1 '',;r 9 •: w• \ ,• :'z ) CC IZ SC{ • i N.o <r �Q ( CC Yi= :-..: .:. i.- _ _•r a C• ` •1 •• '°'' GRADING 'FRAN. TION tMP• RTA_ f _.-/ - -. L i g i,-- .,.1.:.\ i / .1\--' ',, .: 4‘........ ) 1 ''.\\It\,,‘s 00, 1 \\,,‘, s, a. j I c.. t' ^): '�.is • MINUTES EDEN PRAIRIE PLANNING COMMISSION Unapproved ) Monday, September 24,1979 7:30 PM City Hall • %.COMMISSION MEMBERS PRESENT: Chairman William Bearman, George Bentley, Matthew Levitt, Hakon Torjesen, Liz Retterath, Oke Martinson *COMMISSION MEMBERS ABSENT: Virginia Gartner STAFF PRESENT: Chris Enger, Director of Planning Jean Johnson, Assistant Planner Jeanie Ohnsorg, Planning Secretary. PLEDGE OF ALLEGIANCE --- ROLL CALL I. APPROVAL OF AGENDA Bentley moved, Martinson seconded, to approve the agenda as submitted. Motion carried unanimously. II. APPROVAL OF THE SEPT. 10, 1979 MINUTES Considered under Old Business. III. MEMBERS REPORTS None IV. REPORTS AND RECOMMENDATIONS . a y --irmimnrm-7771 3rd & 5th Additions, by Richard W. Anderson. Request to rezone from Rural to I-2 Park, 30 acres for approximately 9 industrial lots, and approval of Environmental Assessment Worksheet. Located SW of new Shady Oak Road construction. A continued public hearing. • The Planner informed the Commission since the Sept. 10th meeting at which the developer agreed to pursue residential multiple upon the southern k of the 5th Addition, the developer met with City Staff and has revised the 4 development plan back to all industrial lots as it is believed some of the lots can adequately be served. by West 70th Street (cul-de-saced). He referred the commission to the letter from Dick Anderson dated Sept. 12, 1979 outlining the'present request for all industrial upon the 3rd & 5th Additions. - The Planner then reviewed the revised staff report dated Sept. 21; 1979 { summarizing the recommendations as follows: no variances be allowed, screening as per ordinance, need to submit detailed grading plan prior to council consideration, access along the southern boundary to be provided to connect the residential projects of Briarfield and Rembrandt, elimination of joint loading/parking areas, no outside storage, review and approval by the watershed district, and full payment of the cash park fee. Mr. Bentley noted that the 2nd ponding area was not delineated as an outlot upon the preliminary plat and that the road right-of-way conflicts with the building setback. Mr. Richard Anderson, developer, stated he would meet all screening requirements and work with the staff on grading elevations and screening of the Rembrandt residential from the industrial park. Mr. Anderson voiced his oppostion to elimination of the joint parking/loading areas proposed as the 2 lots will be under one ownership. He requested the commission approve the joint parking/ loading areas for Lots 1 & 2, 3rd addition, and lots 3 of the 2nd & 3rd additions, as they will be under the same owner. Y Unapproved Planning Commission Minutes -2- Sept, 24, 1979 Levittinquired why the multiple residential use was withdrawn and what impact the industrial uses will have on Rembrandt's residential, The Planner responded the staff determined that the road systems and industrial uses pro- posed residential wwill ork abe carefully evaluated nd any adverse visual iina the ct tlandscape he rand gradingial may veplans.unon the Greg Demonceau, architect for Rembrandt, stated his preference for multiple residenti the bufferingal andse willon the souecontribute to the fcost ofh addition as it the southern accesslroad. in Bentley noted that the revised staff report states all lots within the 3rd and 5th Addition meet the minimum lot size of the I-5 District, but that the revised plats depict-lots of 3 and 4 acres in size The Planner .resnen4,gdthat the revised staff report is based on the previous plats and that the revised plats, 9/18/79, contain lots meeting or exceeding the I-2 District. Motion Bentley moved, Retterath seconded, to close the public hearing on Shady Oak Industrial Park 3rd & 5th Additions Motion carried 6-0. Motion2 a ey moved, Retterath seconded, to recommend to the City Council approval of the finding of No Significant Impact in the Shady Oak Industrial Park EAW dated 9/1979. rMotion 3 Bentley moved, Retterath seconded, to recommend to the City Council approval of the rezoning from Rural to I-2 Park as per the plans dated 9/18/79 and the staff report of 9/21/79. Motion Carried 6-0. Motion 4 Bentley moved, Retterath seconded, to recommend to the City Council approval of the preliminary plats of the 3rd & 5th Addition dated 9/18/79 with an additional reconmendationsas follows: That lots 1 and 2, Addition 3; and lot 3 of Addition 3 and lot 3 of Addition 2, be combined for the purpose of combining entrance to these new lots via a single driveway because of single ownership. Further recommend that easements for right-of-way on the southwest corner and southeast corner of. the 5th Addition be included complete with proper setbacks, and that the southern storm drainage pond (jointly shared with LeParc) be set aside as an outlot. Motion carried 6-0. Mr. Anderson stated heisin100%agreement with the Commission's recommendations. • vlidecnd 9t andevion 9„ t 9600 VALLEY VIEW ROAD EDEN PRAIRIE,MINNESOTA 55343 ® TELEPHONE 1612)944.6803 September 12, 1979 Mr. Chris Enger City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Shady Oak Industrial Park, 3rd and 5th Additions Dear Chris: Following are the proposed buildings for subject Additions: • Shady Oak 3rd Addition: • Lot 1 Jerry Portnoy 60,000 s.f. building. Lot 2 Jerry Portnoy 60,000 s.f. " Lot 3 Lyle and Nate Berman 60,000 s.f. " • Lot 4 Tekcom 60,000 s.f. " Lot 5 Orest Spande/Roger Wahldick 60,000 s.f. " Subtotal 300,000 s.f. Shady Oak 5th Addition 24 Acres Joe Romain 240,000 s.f. (either four 60,000 s.f. or one 240,000 s.f. building) TOTAL 540,000 s.f. 1 The plan to create an outlot on the south half of the 5th Addition will not work for these reasons: 1) The outlot A on the south portion of 5th Addition would be landlocked and thereby never useful. 2) A City roadway would be constructed at a cost of approximately $200,000 for the sole purpose of connecting the Rembrandt land on the west to the land located east of Shady Oak 5th and would serve no purpose for the 5th Addition. The roadway would be carved out of the 5th Addition at my cost. The land to the south of the 5th Addition is worthless swamp land. The Rembrandt land consists of only 12 usable acres for whose benefit said outlot A is truly being created. The 5th Addition is 24 acres of land valued by the City appraiser @ 550,000/A or $1,000.000. More than half of this valuation would be outlot A • • • Mr. Chris Enger Septemuer 12, 1979 Page 2 i and would be destroyd by landlocking and residential zoning. 3) The City has no assurance that residential structures will be constructed, whereas the industrial buildings are pre-sold and planned for iianedi,te construction. The current building real estate taxes would be 75d psf., or $180,000/yr. on the 5Th Add'Uion.and $225,000 on the 3rd Addition. 4) Crosstown Industrial Park consists of 44 acres with eight buildings, and is served solely by a cul de sac, Crosstown Drive. Shady Oak 3rd Addition a;:d 5th Addition have three buildings, to be served by the 70th Street cul de sac, for which the automobile traffic count will be no greater than 500 cars/day. The car parks for the three buildings wi•.I be 700 parking spaces. The truck traffic will be no more than 20 trips/day, based upon experience at the Bachman Building. I-2 zoning is required so that two acre lcts arc available, if needed, and • so that a 50 ft. setback from Shady Oak and 70th Street will apply to all buildings. A greater setback would require buildings be set furt.:er into • swampy areas. The buildirg density does not increase thereby, because building density is limiteJ by law to 30% per lot and parking lots 're further limited. I doubt that finer industrial buildings have been constructed in the Twin Cities than t';ase developed by this writer and his associates. • Your recommendation to the City Planning Commission and City Council is -• - requested approving full use of Shady Oak 5th Addition for an industrial build- ing of 240,000 s.f. and five buildings on Shady Oak 3rd Addition, totaling • 300,000 s.f. Yours ver truly, • Richard W. Anderson • lint • • • • • 3o( i ALL MEMBERS PRESENT approved Planning Commission Minutes -2- Sept. 10, 1979 A. Gonyea PUD, continued Mr. Dahlgren stated he believes the majority of the residents attending the neighborhood meeting were in agreement with the revised plan which depicts: 31 single family lots instead of 145 multiple, 2 restaurants instead of 3, and 4 office buildings. Bentley inquired if the access closest to TH 5 from Co.Rd. 4 meets with Hennepin County Highway approval. Dahlgren responded affirmative. -Gartner asked if the proponent has resolved joint access with Prairie Lawn & Garden for the eastern office site. Mr. Dahlgren replied it is still being investigated . Bearman inquired how the project construction would be phased. Mr. Dahlgren felt the two restaurants and 3 of the office buildings would be constructed initially since buyers have been found. He added the single family lots are to be sold to one builder. Joe Lawler ,7621 Dntario Boulevard, felt although progress was made at the neighborhood meetings, that the plan is still not totally acceptable . •Mr. Lawler stated the drainage from the pond presently is backing up against lots in the Westgate Addition and very little water passes through the culvert under Bittersweet Drive in the Meadows to the creek. Wayne Vedder,7531 Westgate Trail, felt the present drainage problems may be compounded by the high school under construction. Motion Torjesen moved, Retterath seconded, to continue the public hearing on Gonyea PUD to the October 22, 1979 meeting and refer the revised plan to the staff for a report, ask the developer to continue meeting with the residents, and further direct the staff to give full cooperation in solving the drainage problem along with the developer and residents. B. Hidden Glen, request by Zachman Homes for PUD Concept approval of single family attached and detached units on approximately 125 acres. A .j continued public hearing. As requested by the developer in his letter dated Sept. 7, 1979 , the commission took the following action: Motion Bentley moved, Gartner seconded, to continue the public hearing on Hidden Glen PUD to the Sept. 24, 1979 meeting. Motion carried unanimously. C. Shady_Oak Industrial Park 3rd & 5th Additions, by Richard W. Anderson. quest to rezone from Rural to 1-2 Park 30 acres for approximately 9 lots, and approval of EAW. Located SW of new Shady Oak Road construction. A continued public hearing. it Chairman Dearman suggested the Commission jointly consider Michelangelo Gardens with Shady Oak Industrial Park since the road systems connect. The Commission members concurred. approved Planning Commission Minutes -3- Sept. 10, 1979 G. Michelangelo Gardens, by Rembrandt Enterprises, Inc. Request for PUD Concept approval for medium-hi density residential on 36 acres located East of US 169/212 and north of Nine Mile Creek. A public hearing. The Planner reported the staff met with Mr. Anderson, Mr. Sciola of Briarfield Estates& Mr. Demonceau from Rembrandt Enterprises to review the road system. The revised plan for Mr. Anderson's property will be presented tonight. Mr. Anderson stated the plat now depicts 70th Street as a cul-de-sac to serve the industrial lots of the 3rd and 5th Additions, and service.to the residential portion of the 5th Addition will be via the road system through Michelangelo Gardens. Mr. Demonceau briefly reviewed the site plan for Michelangelo Gardens noting the area's poor soils'and vegetation dictate the serpentine design of the road system from the site's northwestern corner to its southeastern corner which is adjacent to Mr. Anderson's proposed multiple residential. II Torjesen requested the forthcoming revised staff report contain discussion relative to 1-2 Park Vs. I-5 Park zoning, and perhaps some sort of restrictive covenants to protect the back of the lots from future development. Motion Torjesen moved, Gartner seconded, to continue the public hearing on Shady Oak Industrial Park 3rd & 5th Addition to the Sept. 24, 1979 meeting, and allow 1111 the proponent to request a council public hearing. Motion carried 6-1 with Martinson voting nay. G. Michelangelo Gardens Mr. Demonceau illustrated the site's topography, soil condition, vegetation, and slopes through the use of hardboard drawings. He estimated the site's proposed density at 10 units / acre, 360 units on 36 gross acres, and four phases of development. Gartner inquired when the golf course depicted adjacent to US 169 would be constructed. Mr. Demonceau replied he was unsure during which phase the course would be constructed with. Bentley noted that a recreational area for the project is important as the surrounding land uses are industrial. • • Levitt asked if the residential units would be a mixture of rental and ownership. Mr. Demonceau replied all units are anticipated to be ownership. Torjesen asked if the project would be similar to the Rembrandt development off of Crosstown 62 in Edina. Mr. Demonceau replied it would be similar in building texture but not in occupancy. • Motion: Gartner moved, Retterath seconded, to continue the Rembrandt PUD public ear�ng to Sept. 24, 1979 for a staff report. Motion carried unanimously. 1 ��,a'ESO?. ye Minnesota Department of Transportation District 5 / 2055 No. Lilac Drive of utte Golden Valley, Minnesota 55422. �. September 4, 1979 (012)545-3761 • Mr. Chris Enger Planning Director City of Eden-Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315.• SP 2763 T.H. 169/212 Plat review of Shady Oak Industrial Park located in the Southeast Quadrant of T.H. 169 and Shady Oak Road in Section 1, Township 116, Range 22 in Eden Prairie, Hennepin County Dear Mr. Eager: We are in receipt of the above referenced plat for our review in accordance m, with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: — It is anticipated this development would generate approximately 5400 daily vehicle trips. The interchange at TH 169/212 with Shady Oak Road should adequately handle these trips with minor revisions such as additional lanes on cross street and signalization. Because Shady Oak Road is a county road we suggest the plat be reviewed by the Hennepin County Department of Transportation if this has not already been done. — Our District Hydraulics Engineer noted in his review of the plat that a permit will be needed from the Nine Mile Creek Watershed District. If you have any questions in regard to the above comments, please contact our District Layout, Research and Development Engineer, Mr. J. S. Katz at 545-3761 extension 150. Thank you for your cooperation in this matter. Sinc 1 <r/ At W.M. Crawf District Engineer ® cc: Charles Weaver Metropolitan Council Gary Backer Hennepin County Surveyor's Office ' An Equal Opportunity Employer itIA;:I?: :0i•1:SSIOI: I.INUTES approved M XMAY, AUGUST 27, 1979 7:30 PM, OITY HALL CO:•2ISSIOII ME.+3E.RS PRLSE::T: Chairman •?illiam Seaman, George Bentley Matthew Levitt, Wakon Toriescn, Virginia Gartner, Liz Retterath and Oke Martinson CO? itSSION STAFF PRESENT: ' Chris Eager, Director of Planning Donna Stanley, Planning Secretary PIHDGE OF ALLEGIARCE - ROLL SAIL I. APPROVAL CF AGENDA MOTION: Retterath moved to approve the Agenda as published, with the modification -of: Consideration of II. APPROVAL CF 1aNU"ES OF AUGUST 13. 1979 to be done after IV. REPORTS AND R.E:OI•IarDATIONS. Gartner seconded, motion carried unanimously. III. I2•i3ERS REPORTS None. • C. ri-:ADY CAE FM. ?.Ezcii o AND PtATTI;G, request by Riches A• nderson for PID Jrncept approval of arrrx:`_rstely 100 acres of incustrial uses; rezonint f cm R:•rel -nd I-5 to I-2 Park for Shady Oak In`ust_•lai Ferk; ilady C_k Ir.'estrial F-rk 3rd Addition; Shd: Cak Industrial P+rk 5th Addition; prelinin••ry platting of the industrial additions; „nd approval of an Environmental Assess..ent '•:orkdheet. A continued public hearing. The Planner e::nlained that the E.A.':. ,:as not yet complete, end would be continues to the next meeting. Ir. Richard Anderson, developer, presented the I.roposal,explaining the background of the site and 'Alit they have done with it. Eighteen building sites have been sold or spoken for. He briefly outlined the various changes they have made, specifically that the outside storage request has been'elirinated. Anderson e::- pleined that they ere requesting the zone change from I-5 to I-2 so they can Lave p rking within 501 from 69th Street.He noted that both Wilson Learning and G.T. :ark coc.panies were 301 from 69th. Bentley inquired whether the proponent has considered residential uses as but- lined in t°e Staff report. Anderson responded affirmative, explainin_- he did not favor residential uses next to the junk yard. The Planner presented color slides of the proposed development from various directions. He commented on the 5th Addition in relation tothe Smetana Study, explaining that it would be beneficial for ingress and egress of traffic trips generated that there be another industrial road out to Flying Cloud Drive. C • 3065' approved Planning Joi mission Minutes • - 6 — Aug. 27, 1979 Or SHADY OAK PUD continued public hearing (continued) Beaman noted 4 roads on the plan that do not go anywhere and asked whether the aoraiasion should be looking at road plan for the entire area.,, The Planner responded there are actually 5 of those types of roads, and felt these roads could be connected with communication between Anderson and 1r. 'Jayne Field, adjacent property owner. • Mr. Gregg Demonceau, Rembrandt Enterprises, Inc., cos euted that much of the discussion brought up by the Planner has been discussed over the lest several years. Speaking-for the Fields, he explained that this. is a transitional.area. where light industrial use can be tied in to residential, and that the nature of the site, with its topography and character, demands medium or high density type of use. They would like another access to the property, but it coed in- volve cooperation of other land owners in the area. He felt that serious con- sideration should be given to part of the 5th Addition as residential cr open space and joining with Briarfield Estates. They remain open to the Planner's comments on the road system. • Anderson commented that they are able to live with the road system as it is, and would like to see 70th Street go through, but can live without it. Torjesen asked whether the frontage road along highway 169 was still a viable concept. Demonceau responded negative, because of the poor soil. The I-5 and I-2 zoning districts were discussed, end Anderson was questioned on his rationale for requesting the I-2 zoning. he responded that he vas completely surround by the I-2 zoning, and that the further away they _et from • 69th Street, the poorer the soil becomes. The Planner explained that to the east and north of this project is I-5 zoning, but he does agree .'ith the rationale of the request because of the poor soil. Anderson was in agreement with waiting for the development of the 5th Addition, and he does not feel he should be penalized by waiting for neirnborin_ lends rcrs. Torjesen expressed concern that we•might be allowing too crowded a look in this area. • Bentley felt that in considering the I-2 zoning here because of mail conditi ens, we have to also consider that cost efficiency is not there for any other t;:e of development except industrial, and in enforcin: the 75' setback the Jity could end up with no project here. The 5th Addition was discussed further, and the Planner explained he vas not recommending the Addition because of transportation. he would like to see how these buildings would work out in relation to buil_in._s to the west. 1LTIOi.: Levitt moved to close the public hearing on 311cdy Oak Industrial Prrk (lst)Addition. Torjcson seconded, motion carried 7-0. ILTICIl: Levitt roved to recommend rezoning of Lady Oak Industrial Perk(lst) Addition from I-5 to 1-2, with no variances from the Crdin^.nce. Gartner seconded, motion carried 6-1, Torjesen voting "nay". approved Planning Corz:.ission Ianutes - 7 - Aug. 27, 1979 C. SHADY OAK PUD continued nubile hearine. (continued) POTION: Bentley moved to recommend that the request rezoning on Shady Oak: Industrial Park 3rd Addition, 5th Addition, and preliminary plat requests related to these additions be continued to the September 10, 1979 meeting in order to continue study of whether there is a P.U.B. involved here; and to continue consideration of the Lnvironr_ental Assessment :1orkshcet. Torjesen seconded, motion carried 6-1, Bearman voting "nay". V. FETITIC:.S A'.:D RE)UE3TS . A. -G0NYEK. PUD:'reouest for FUG Concept approval for 37 acres for duplexes, • ^ -' elderly housing, offices, and restaurant uses. A continued public hearing. Bearman announced that the proponent has requested a continuance until the September 10, 1979 meeting. VI. OLD 9USIgLSS There vas discussion on limiting length of meetings. II. AFF_?OVAL 0? FE MUTES OF AUGUST 13. 1979 Pg. 2, para. 7, insert "in the post" after "city council"; insert "to developments take plane" after "access". Pg. 2, lest pars., add "Gartner seconded, motion carried 5-0". Pg. 4, rare. 4, add after last sentence "Putnam respcnded none". Fg. 4, last para., sent. 5, delete "lots.", add "potential hone owners"; and add at the end of paragraph "and proximity to the landfill." Fg. 5, para. 9, revise sentence to read "Bentley requested that blueprints of potential monitoring wells for methane gas adjacent to the landfill be made available to City Council at the tine of their consideration of this project. Pg. 4, para. 7; delete "under", add "over". pars. 9, sentence 2, delete "responded this was arrived at by the developer,- and" n " n n a n n n Pg. g, para. 4, add separation ofafter for , add erivc-ways. after duplex , delete "twin", add "connected". Fg. 9, psra. 6, add "v.:rtner seconded, motion carried 5-0". Fg. 9, para. 13, add "but still without garages". Ig. 11, para. 1, delete "a right-of-::ay", add "an canezcct." Fg. 11, para. 2, delete "extent", add "intent". lg. 11, para. 5, delete "buildings", add "trees"; delete "no favorable access to", add visibility from". Pg. 12, pass. 2, add "Bentley seconded, motion carried 4-0". Fg. 12, adA after 4th MOTI011, "Mr. Anderson stated he was not prepared to discuss the P.U.B. 1uTIC1:: Torjcsen moved to adopt the :'+notes of Auzust 13, 1979 as published and amended. Levitt seconded, notion carried 5-0-2, ^•.etterath end Martinson abstaining. VI FI A:" a r g ,F:P:?T - Lone E`. AUJOL3✓=.T - I:L'.IC::: erjesen moved to adjourn at 1:15 A.M., seconded by Bentley, Motion carried unanimously • 300 MEMBERS ABSENT: Oke Martinson and Liz Retterath • .approved Planning Commission Minutes - 10 - August 13, 1979 A. HIDDEN GLEN. . . .public hearing (continued) Mrs. Brenda Welch, 188lG Harrogate Drive, was concerned with drainage, explaining that her land was flooded, and did not want another swamp on her land. She also expressed concern that there was no park in their area. Bearman assured Mrs. Welch that research would be done on the drainage situation before any action would be taken. Mr. Stanley Riegert, 6611 Lochanburn Rd., expressed oppositon to two entrances ._an.Highway 101, and also with.drainage..prohtems..in,the,axea... .Hess-responded . that the park would be located totally on high ground, and that-the conclusions of the soil study indicated that the soil was bad, and they intend on making the conclusions available to the Engineering Department. Mr. Robert Kruell, 6780 Tartan Curve, referred to small lot sizes with houses without garages proposed in the area located in a portion of Eden Prairie exposed to people traveling through, and requested that the developer increase the choice of models; more attention be given to the gradual transition between existing houses from north part of Eden Prairie as you move into this project (from economic standpoint); more control .by the City of the Dell Road extension; time frame; and what type of review should the citizens of this area make. Mrs. Lloyd Schroeder, 18809 West 62nd St., requested pictures of the proposed houses for such small lots and expressed concern about the effect on their property value. MOTION: Gartner moved to continue the public hearing on Hfdden Glen PUD - --- ---- to August 27th for a staff report. Torjesen seconded, motion carried 5-0. Gartner left the meeting at 1:35 A.M. B. - SHADY OAK PUD, REZONING AND PLATTING, request by Richard Anderson for PUD Concept approval of approximately 100 acres of industrial uses; rezoning from Rural and I-5 to I-2 Park for Shady Oak Industrial Park; Shady Oak Industrial Park 3rd Addition; Shady Oak Industrial Park 4th Addition; Shady Oak Industrial Park 5th Addition; preliminary platting of the industrial additions; and approval of an Environmental Assessment Worksheet. A public hearing. Mr. Richard Anderson briefly summarized the proposal, explaining that the project contained approximately 100 acres of land, including 5 additions, with the fourth addition located in the northerly portion of the propery, which is presently zoned I-5. Two buildings are planned for this addition, Parker Hannifin and Crown Plastics. He is requesting rezoning from I-5 to I-2 because of the 50' front yard setback required in the I-2 zoning district. The request would also be for a common drive-way. IL Bearman inquired whether the proponent was requesting outside storage for the 4th Addition. Anderson responded negative. He explained that he is asking for outside storage for the Shady Oak Industrial Park, and Shady Oak Industrial Park 3rd Addition, which are sites surrounded by trees and which cannot be seen too readily. It is also the intent to put up an eight foot fence. • approved Planning Commission Minutes - 11 - August 13, 1979 • B. SHADY OAK PUD,REZONING,AND PLATTING. ublic hearing g (continued) Torjesen inquired about the appropriateness of requesting access through an easement. The Planner explained that Physical Electronics does have access out and they favor another access out at some point. Torjesen inquired further whether it was the intent of this being used as the parcel access? Anderson responded negative, just where overflow access is �. needed. Mr. Wayne Field asked for a clarification of what was being considered tonight. Anderson responded that we are dealing with about 19 buildings of approximately 60.000 sq. ft. in size. The 5th Addition is contiguous to the Wayne Field property, and access is 70th Street. The Planner explained that the LeParc project has just been reviewed,, and will be sharing development of the storm sewer system with the Shady Oak Industrial Park. He noted that this area is very visible from Highway 169. and that further screening should be addressed for the southern site; parking area side yard setbacks are not shown on the plan and should also be addressed; and asked the Planning Commission to consider whether there was any meritto 20' green strip between buildings. • 41 Anderson responded that trees screen the western side and behind the site; there was no visibility from Highway 169; and noted high assessments for the area Mr. Dave Field, Rembrandt Enterprises, Inc., inquired about the status of the continuation of Shady Oak Road to Valley View Road. The Planner explained that the contract has been let north of 70th Street, and is presently owned by Kohlrusch (purchased from Swendseen). Torjesen noted soil problems on the Kohlrusch property. Mr. Heriiev Helle, 6138 Arctic Way, Edina, explained that Shady Oak Road will be tied in with the bridge through a direct connection. Mr. Gregg Demonceau, Rembrandt Enterprises, Inc., stated that they were present for the PUD consideration. He located their property to the west of the southern part of the proposal. He felt elevations between their properties were very steep. He expressed concern with adequate buffering between the properties because they have quite a "blatant" vision into the project.' Torjesen suggested Mr. Anderson present a more complete view of the entire PUD. The Planner noted that he had no problem with the 4th Addition of Shady Oak Industrial Park. because it contained no request for outside storage. Torjesen asked whether any member of the community present tonight had any concern with the 4th Addition. Demonceau responded negative, Rembrandt Enter- prises Inc. were concerned with the 5th Addition. 11. S,C9 • • • approved Planning Commission Minutes - 12 - August 13, 1979 ® B. SHADY OAK PUD, REZONING AND PLATTING public hearing (continued) MOTION: Torjesen moved to close the public hearing on Shady Oak Fourth Addition. Bentley seconded, motion carried 4-0. MOTION: Torjesen moved to recommend approval to the City Council of the request for.rezoning from I-5 to I-2 for Shady Oak Industrial Park 4th Addition as per the staff report of 8/10/79. Bentley seconded, motion carried 4-0. MOTION: Torjesen moved to recommend approval to the City Council for pre- liminary plat approval of 2 lots for Shady Oak Industrial Park 4th Addition as . per'the•Staff repott'of August 10; 1979. Bentley seconded, motion carried 4-0. " MOTION: Torjesen moved to continue public hearing on Shady Oak Industrial � . Park PUD and requested that Mr. Anderson present a comprehensive picture of this project at the next Commission meeting of 8/27/79. Bentley seconded, motion carried 4-0. Mr. Anderson stat d that he was not prepared to discuss the P.U.D this evening. . • LD BUSINESS• None. • VII: NEW BUSINESS • None. VIII. PLANNER'S REPORT None. • IX, ADJOURNMENT MOTION Bentley moved to adjourn at 2:30 A.M., seconded by Tprjesen. Motion carried unanimously. fR€/atd 9 o nae/ taon gevelefrs 980D VALLEY VIEW ROAO EDEN PRAIRIE,MINNESOTA 65343 TELEPHONE 181719448803 August 2, 1979 • City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 . Attn: Chris Enger'' City Planning Director RE: Shady Oak Industrial Park 3rd, 4th and 5th Addns. Waivers of Building Code Dear Chris: • The following items should be especially waived by the Planning Department: 1) Permission for 30' wide common driveway between Lots 1 and 2, Shady Oak, 4th Addn. 2) Permission for a common parking lot between Lots 1 and 2 and 3, Shady Oak 3rd Addn. 3) Permission for common trucking area between Lots 1 and 2 and 3 and 4 in Shady Oak 5th Addn. 4) Permission for outside storage on the rear 200' of Lots 1 and 2, Block 1, Shady Oak Industrial Park and outside storage behind Lots 1, 2, 3, and 4, Shady Oak 3rd Addn. An 8 ft. opaque fence constructed of wood or other material acceptable to your office will be constructed together with berms and plantings suggested by you. These items are noted in yellow on the attached Development Plan. Yours very truly, Ric and W. Anderson /mt Encl. ii • • SHADY OAK INDUSTRIAL PARK, 3RD ADDITION B. SPECIFIC PLAN REQUIREMENTS - Ownership Shady Oak Industrial Park, 3rd Addn. Owned in fee by Astleford, Hagen, Mason and Carter subject to Contract for Deed to Richard W. Anderson, Inc. Developer Richard W. Anderson, Inc. has developed commercial and industrial sites since 1949. A list of past developments is attached. The Shady Oak properties will be developed within a period of three years accord- ing to the site plans submitted. At least 50% of the buildings will be sold to users and the balance will be retained in inventory as leased properties. • a Fiscal Economic Wherever possible Industrial Revenue Bond Mortgages will be utilized. Usually the buyers of these mortgages are banks, and local chains of banks and insurance companies. The balance of the project will be financed by conventional mortgage financing again at 75% of value. Fifty percent of the projects will be sold to user owners. Development Method Richard-W. Anderson, Inc. presently acquires, obtains tenants, pre- sells building to investor and enters into a construction contract with five or six old line construction companies located in the Twin Cities. The developer takes 100 percent of the responsibility for financing, construction, leasing and managing of the property. Identify Project Area SW Quadrant of County Road 18 and Highway 169 is an industrial area, built and occupied by 100+ buildings. There is no major ownership. The buildings are of an office, showroom and warehouse or manufacturing facility. • Regional Relationships Nothing within the region will have any influence or significant impact upon the project. The tenants primarily come from owners residing within the area. Existing Land Use and Occupancy Property is presently a swamp adjacent to an abandoned gravel pit and there are no occupants, except the Random Specialties Building which is under construction, and the Northwestern National Life Insurance Company warehouse, which is under construction. • • Shady Oak Industrial Park 3rd Addn. Page 2 • Existing Transportation System No pedestrian walkways exist. The property is serviced by freeways and secondary streets through cars and trucks. No bus transportation exists. City Guide Plan Framework Zoned industrial in Guide Line Plans Critical Public Decisions , No critical problem exists. Property is very accessible, serviced by 'three diamond interchanges, freeways and•pri.aary,and seco+Rdery streets., No environmental problems exist because there is no body of water within the area. No heavy industrial is contemplated. Additional General Project Information The project is a continuation of the area development and the area will • benefit by the continuation of Shady Oak Road from Highway 169 to Valley View Road. C. SITE AREA ANALYSIS - Site Plan An overall plan is submitted. The same type of landscaping and construction as found at the Bachman Building, 9600 Valley View Road and the Interstate Power Systems Building at Washington and Valley View Road will be followed. Grading A two foot contour grade plan is submitted. Utility Plan The proposed plan denotes all utilities to service the property together with easements. Preliminary Architectural Drawings The site plan denotes the building locations, standard architectural drawings will be submitted as the various buildings are leased and ready for construction. Housing or Land/Building Use Profile The property will contain a maximum 30% office or showroom space and minimum of 70% manufacturing or warehouse space. Parking will be adequate to service these requirements pursuant to the code. • • V• 3 Shady Oak Industrial Park 3rd Addn. Page 3 Zoning Classification and/or Variations from City I` The property will be classified I-2 and no variances from city ordinances will be required, except the buildings will be constructed with common lot lines for trucking area with common driveways between trucking areas. Phasing and Construction Schedule • In Shady Oak Industrial Park, 3rd Addn. three buildings totalling 170,OCO s.f. will be constructed all in 1979. Additional Information None • • 1 • S • 79 • Shady Oak Indistrial Park 3rd Addn. Page 4 10 B. Data for Preliminary Plat 1. Identification and Description a) Proposed name of subdivision is Shady Oak Industrial Park 3rd Addition. b) See plans attached. c) Owners - See item B Specific Plan Requirements above. d) Graphic scale - See plans ej North Point - See plans f) Date of preparation - See plans 2. Existing Conditions aj Survey attached. b) I-2 R-0 c) 28.3 acres IL d) See plans for 69th Street and Shady Oak Road. ej See plans attached. f) A certified list is being obtained through.Title Insurance Company of Minnesota and will be submitted. g) See plans attached. hj None except for common easements which are incorporated_in.deeds. i) Previously submitted to City Engineer. j) Presented by Braun Engineering to City previously. 3. Subdivision Oesiqn Features a) See plans attached for streets b) See plans for proposed easements. c) See storm sewer plan attached. d) See street plans prepared by Rieke, Carroll and Muller e) Ditto for utility lines. • f) Layout of lots with demensions - see plans attached. g) See plans attached. n5 • 7-w-79 SHADY OAK INDUSTRIAL PARK, 5TH ADDITION B. SPECIFIC PLAN REQUIREMENTS - OWNERSHIP Shady Oak Industrial Park, 5th Addn. Owned in fee by Astleford, Hagen, Mason and Carter subject to Contract for Deed to Richard W. Anderson, Inc. Developer Richard W. Anderson, Inc. has developed commercial and industrial sites since 1949. A list of past developments is attached. The Shady Oak properties will be developed within a period of three years accord- ing to the site plans submitted. At least 50% of the buildings'will be sold to users and the balance will be retained in inventory as leased properties. t1 Fiscal Economic Wherever possible Industrial Revenue Bond Mortgages will be utilized. • Usually the buyers of these mortgages are banks, and local chains of banks and insurance companies. The balance of the project will be • financed by conventional mortgage financing again at 75% of value. Fifty percent of the projects will be sold to user owners. Development Method Richard W. Anderson, Inc. presently acquires, obtains tenants,'pre- sells building to investor and enters into a construction contract with five or six old line construction companies located in the Twin Cities. The developer takes 100 percent of the responsibility for financing, construction, leasing and managing of the property. Identify Project Area SW Quadrant of Country Road 18 and Highway 169 is an industrial area, built and occupied by 100+ buildings. There is no major ownership. • The buildings are of an office, showroom and warehouse or manufacturing facility. Regional Relationships • Nothing within the region will have any influence or significant impact upon the project. The tenants primarily come from owners residing within the area. Existing Land Use and Occupancy Property is presently a swamp adjacent to an abandoned gravel pit and there are no occupants, except the Random Specialties Building which is IL under construction, and the Northwestern National Life Insurance Company warehouse, which is under construction. • . Shady Oak Industrial Park 5th Addn. j. • Page 2 ® Existing Transportation System No pedestrian walkways exist. The property is serviced by freeways and secondary streets through cars and trucks. No bus transportation exists. City Guide Plan Framework Zoned industrial in Guide Line Plans Critical Public Decisions No critical problem exists. Property is very accessible, serviced by three diamond interchanges, freeways and primary and secondary_streets. No environmental problems exist because there is no body of water within the area. No heavy industriaa is contemplated. Additional General Project Information The project is a continuation of the area development and the area will benefit by the continuation of Shady Oak Road from Highway 169 to Valley View Road. C. SITE AREA ANALYSIS - Site Plan I An overall plan is submitted. The same type of landscaping and construction as found at the Bachman Building, 9600 Valley View Road and the Interstate Power Systems Building at Washington and Valley View Road will be followed. Grading • A two foot contour grade plan is submitted. Utility Plan The proposed plan denotes all utilities to service the property together with easements. Preliminary Architectural Drawings The site plan denotes the building locations, standard architectural drawings will be submitted as the various buildings are leased and ready for construction. Housing or Land/Building Use Profile The property will contain a maximum 30Z office or showroom space and minimum of 70, manufacturing or warehouse space. Parking will be adequate to service these requirements pursuant to the code. • • '17 . Shady Oak Industrial Park 5th Addn. Page 3 • Zoning Classification and/or Variations from City The property will be classified I-2 and no variances from city ordinances 1` will be required, except the buildings will be constructed with common lot lines for trucking area with common driveways between trucking areas. Phasing and Construction Schedule In Shady Oak Industrial Park, 5th Addition, five buildings totalling 260,000 s.f. will be constructed all in 1979. Addiitional Information None • • • S ' I • • • • • Shady Oak Industrial Park 5th Addn. • Page 4 lit B. Data for Preliminary Plat 1. Identification and Description a) Proposed name of subdivision is Shady Oak Industrial Park 5th Addition. • b) See plans attached. • c) Owners - See item B Specific Plan Requirements above. d) Graphic scale - See plans e) North Point - See plans f) Date of preparation - See plans 2. Existing Conditions a) Survey attached. b) R-0 c) 24 acres • i d) See plans for 70th Street and Shady Oak Road e) See plans attached. f) A certified list is being obtained through Title Insurance Company of Minnesota and will be submitted. • g) See plans attached. h) None except for common easements which are incorporated in deeds. i) Previously submitted to City Engineer. j) Presented by Braun Engineering to City previously. 3. Subdivision Design Features a) See plans attached for streets b) See plans for proposed easements. c) See storm sewer plan attached. d) See street plans prepared by Rieke. Carroll and Muller { e) Ditto for utility lines. f) Layout of lots with dimensions - see plans attached. g) See plans attached. • f/O/,, • 8/79 9/79 • MINNESOTA ENVIRONMENTAL QUALITY COUNCIL ENVIROt1MENfAL ASSESSMENT WORKSHEET (EAW) : AND NOTICE OF FINDINGS • DO NOT WRITE IN THIS SPACE• E.R. / y • NOTE: The purpose of the Environmental Assessment Worksheet (EAW) is to provide information on a project so that one can assess rapidly whether or not the project requires an Environmental Impact Statement. Attach additional 'pages, charts, maps, etc, as needed to answer these questions. Your • answers should be as specific as possible. Indicate which answers are estimated. I. SUMMARY A. ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON) (:)Negative Declaration (No EIS) 0 EIS Preparation Notice (EIS Required) D. ACTIVITY IDENTIFICATION °"` • • 1. project name or title Shady Oak Industrial Park(Existing & Proposed) 2. Project proposers) Richard W. Anderson, Inc. } Address 9600 Valley View Road Telephone Number and Area Code ( 612) . 944-6803 3. Responsible Agency or Person City of Eden Prairie ' • - Address 8950 Eden Prairie Road . Person in Responsible Agency (Person) to contact for further information on this EAW: Chris Enger Telephone 612-937-2262 ( 4. This EAW and other supporting documentation are available for public in- spection and/or copying at: Location 8950 Eden Prairie Road Telephone 937-2262 Hours8am-4:30pm rf 5. Reason for EAW Preparation • (,`)Mandatory Category -cite O Petition Other lUJJ MEQC Rule number(s) 24(b)(bb)&(cc)(dd) (over 175,000sq.ft. of industrial floor space)(40+ac.Ind. any part within a floodplain) C. ACTIVITY DESCRIPTION SUMMARY (Ind. any part within a shoreland) 1. Project location County Hennepin City/Tewnshtp name Eden Prairie Township number 116 (North), Range Number 22 East ore (circle one), Section number(s) 1 & 12 Street address (if in city) or legal description: 1 30P 2. Type and scope of proposed project: Industrial development of approximately • 100 acres, individual lots ranging from 2 to 10 acres in size. 3. Estimated starting date (month/year) existing and on-going 4. Estimated completion date (month/year) 1985+ S. Estimated construction cost 513.000,000 6. List any federal funding involved and known permits or approvals needed from each unit of government and status of each: Unit of Government Name or Type of Permit/Approval, Status •� (federal, state, or Federal Funding regional, local) • City of Eden Prairie ioning, platting, variances ,PUD pending Nine Mile Watershed District grading & land alteration permit pending E.Q.B. E.A.W. Finding of No Significant pending 7. If federal permits, funding or approvals asrgolved, will a federal EIS be prepared under the National Environmental Policy Act? 4EWINxNOWN • II. ACTIVITY DESCRIPTION • • IIIA. include the following maps or drawings: 1. A map showing the regional location of the project. • 2. An original 8h x 11 section of a U.S.G.S. 7h minute, 1:24,000 scale map with the activity or project area boundaries and site layout delineated. Indicate quadrangle sheet name. (Original U.S.G.S. sheet must be main- tained by Responsible Agency; legible copies may be supplied to other EAW distribution points.) 3. A sketch map of the site showing location of structures and including significant natural features (water bodies, roads, etc). 4. Current photos of the site must be maintained by the Responsible Agency. Photos need not be sent to other distribution points. • B. Present land use. 1. Briefly describe the present use of the site and lands adjacent to the site. • Approximately 20 acres are presently under development as industrial/office warehouse. The remainder is open land (some mined) and within a 1974 approved 800+acre industrial sector of the City. • 2. Indicate the approximate acreages of the site that are: • a. Urban developed 20 acres f. Wetlands (Type III, IV, V) 0 acres • b. Urban vacant 12 acres g. Shoreland 0 acres • ILc. Rural developed 0 acres h. Floodplain 0 acres d. Rural vacant 68 acres i. CroplancVPasture land 0 acres ‘• e. Designated Mere- 0 acres j. Forested 5 acres ation/Open Space 2 303I • • • ® O�S b.._ w.eae �(�^ Ij 1 nN RwP 4 rilifiris Iw... e..woH!1�"• f� �A/� • ' I ANau co. I ....ws , ` loll 4 i. .w[. 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' ...:,--.........r' • .. 7 .` - •l L�4 N ti � -r r'' -I+� cL•.�`..��.. .� /`,ems` [: yam {/��c..\6\ '?4 - - , t 1•e:, g 1•�� `/ \ , =a' •1 tt^ ' fees. ti, . •,--,....*;:: .' 1.1 •• . /' it..w; -�( � irri„... I•! ...--� .,,-• . -4ki.....,..• ., ,, .,,, is, I. . . .‘...1,, , ,,i.4, ,,...-74::!;:i:-.--'-7'\, ..r,,AI.:N'N,-;•-•,. ..\;::7. -1 '''.....-.'...- .:•-'.- ..:;':',;••• --1: 4t.4 ''i:•-. • --' '1.''. ' it At elite Ma Nv //�. . ;y\ •°;` -• 1. •%..t/•:.�>7',1 • L. l`- .. ..;Q"'"•‘,...... ..4' ':.: • s.• • \ '..• .% • ...1 , :;-COY ... • \ s'll �1....t "•. .`\q,,4"('., 7., •� . -�TM'. p 1.9 17, ,e41 ,..,,.‘t:41\ s .,;,•, , \v ;' -A .,... ,,-. i.fry,r i -• I . . ''.—N.\ \ • \ ‘• -, • " s \ 74„.• ' :.•1 j, • I,,;• , ce :• ..f t. _Iv,,,fri . iJ. 1 s' 7:-`•, %, • ki i/� r''' (, 1 • 1 (tJ { T ; .; 69TH . sT.c = -N / (,...,..c . 1 • '/ ' r) ' \ • \; %\' 'Cit. 1 i ti SHADY OAK FOURTH ADDITION • • • 3070 • : ... , - WEST_ :70T_H -ST _ t• ; ___ _ � . ' . . i ':, t�.4 / yam. .,_k. 1 ,►; , t 1,Y ( . ,,,J s . i 1 ,w l _:'` • S `.,1.-- _ /•( .�\.. .� 9s / 1 t j 1 f !Y_ -j �._ '.' •\- '\ • to ' k,iil -1 7Niz.3 �'\ �,F •, 1 • • taRE� 3•Q9l�cRF,s., r • • I �,oa. �.. red 20; Y\tt . S� ;; ---. ..1 -0. ••43......1 •_41 ' W: ',‘•••• l'i I) \ -) '. • kks ; • ' • -. • l' k' :4 • / • I.,—'•: i I l• ill?'" s• 7 •, . .0 ... , • . , ., • A ? S'k p. ../ - `ice`• \ • / 'Jrr r• o i I ( j�.�. . L • o" • \ • 1 Ils ` ` i ;/ /�J :/ ,;1)-. `.' i • ;;.:.,‘ {, . i.,', led?•/•, 4. ;•'/i(� 4,. .\\ rA = ti,:i,5,...\-s fz:...i_..:::..:i'f; '. 4 i,...,:. . i ./ z •. � t V — tom,J t \, ''`J / • / 1� to • ;,i 'z..,, :> s ' _ • riaxN J. '', .' _:dnilllllIIllllllllll 7 '`1 7 -, :..•i� 3 5,• G:. )3=•i.I ' 250` • r . , .;. r ��I_I...1 . ��a�.— S'n✓/A/+�frfrlyl{'+� lk,Vt�`3 �Sh./Z,T/'LP.�C It :l • , , • J • • . ' ,1 SHADY•.OAK INDUSTRIAL!PARK FIFTH ADDITION • 3. List names and sizes of lakes, rivers and streams on or near the site,•. • particularly hakes within 1,000 feet and rivers and streams within 300 feet. Nine Mile Creek is 1500+ feet to the southwest. The closest lake is Bryant's Long Lake , 2500 + feet to the west. • C. Activity Description 1. Describe the proposed activity, including staging of development (if any), operational characteristics, and major types of equipment and/or pro- cesses to be used. Include data that would indicate the magnitude of the proposed activity (e.g. rate of production, number of customers, tons of raw materials, etc). • • Approximately 20 acres have been developed as industrial. The remaining industrial lots will be sold and developed as market demands. - 7. 2. Fill in the following where applicable: • • a. Total project area 100 acres g. • Size of marina and access NA sq. ft. or channel (water area) Length NA miles h. Vehicular traffic trips generated per day 8,500 ADT b. Number of housing or recreational units NA i. Number of employees • 'c. Height of structures 0 ft. j. Water supply needed 1,400,000 9a1/da Source: municipal d. Number of parking spaces a.400 k. Solid waste requiring • disposal 3,100ons/yr e. Amount of dredging NA cu. yd. 1. Commercial, retail or f. Liquid wastes requir- industrial floor space 1,100.00N. ft. ing treatment 1,400,000 9a1/da • III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT . A. SOILS AND TOPOGRAPHY 1. Will the project be built in an area with slopes currently exceeding 12S? a_No Yes 2. Are there other geologically unstable areas involved in the project, such as fault zones, shrink-swell soils, peatlands, or sinkholes? 1_NO YES • 3. If yes on 1 or 2, describe slope conditions or unstable area and any L. measures to be used to reduce potential adverse impacts. • • • - 3 - 3a89 • 4. Indicate suitability of site soils for foundations, individual septic Systems, and ditching, if these are included in the project. Majority of the site is gravel soils. Areas of marsh exist along the south end but lots are of sufficient size to allow building placement on good soils. 5. Estimate the total amount of grading and filling which will be done: 1,000,00Ou. yd. grading 1,000,,8Q0 yd. filling What percent of the site will be so altered? 80 % 6. What will be the maximum finished slopes? 15 • • 7. What steps will be taken to minimize soil erosion during and after construction? j Fencing and straw bales will be used where necessary to control erosion . Site will be inspected during construction by Watershed District and City Staff. B. VEGETATION • 1. Approximately what percent of the site is in each of the following vegetative types: Woodland • 6 t Cropland/ 0 • pasture Brush or shrubs 4 % Marsh 0 i • Grass or herbaceous 60 t Other 30 i • Ispooify)(FiNill 11/ 2. How many acres of forest or woodland will be cleared, if any? 4 acres • 3. Are there any rare or endangered plant species or areas of unique botanical or biological significance on the site? (See DNR publication The Uncommon Ones.) 'X NO YES If yes, list the species or area and indicate any measures to be used, to reduce potential adverse impact. C. FISH AND WILDLIFE 1. Are there any designated federal, state or local wildlife or fish manage- went areas or sanctuaries near or adjacent to the site? X NO YES 2. Are there any known rare or endangered species of fish and wildlife on or near the site? (See DNR publication The Uncommon X NO YES Ones.) 4. 3. Will the project alter or eliminate wildlife or fish _NO X YES habitat? 4. If yes on any of questions 1-3, list the area, species or habitat, and indicate any measures to be used to reduce potential adverse impact.on them. Industrial development will alter or eliminate small manmals, rodents, and birds presently occupying the site. • - 4 • • • D. HYDROLOGY 1. Will the project include any of the following: . 11/ If yes, describe type of work and mitigative measures to reduce adverse impacts. a. Drainage or alteration of any lake, pond, marsh, NO YES lowland or groundwater supply X b. Shore protection works, dams, or dikes X e. Dredging or filling operations X • d. Channel modifications or diversions X - e. Appropriation of ground and/or surface water x f. Other changes in the course, current or cross- • section of water bodies on or near the site X 2. What percent of the area will be converted to new impervious surface? 30 t 3. What measures will be taken to reduce the volume of surface water run- off 1� and/or treat it to reduce pollutants (sediment, oil, gas, etc.)? Storm water will be directed to an onsite holding pond to collect sediment and pollutants prior to discharge. S 4. Will there be encroachment into the regional (100 year) floodplain • my new fill or structures? _ x NO YES If yes, does it conform to the local floodplain ordinance? NO _YES- 5. What is the approximate minimum depth to groundwater on 0-10 feet the site? * I . WATER QUALITY • 1. Will there be a discharge of process or cooling water, sanitary sewage or other waste waters to any water body or to groundwater? NO Y YES If yes, specify the volume, the concentration of pollutants and the • water body receiving the effluent. Sanitary sewer will be piped to the Blue Lake Treatment Plant and • ultimately discharged into the Minnesota River. • • 2. If discharge of waste water to the municipal treatment system is planned, identify any toxic, corrosive or unusual pollutants in the wastewater. • none 3. Will any sludges be generated by the proposed project? X NO. YES ILIf yes, specify the expected volume, chemical composition and method of disposal. • 5 - 30• • 4. What measures will be used to minimise the volumes or impacts identified in questions 1-3? I/ Storm water drainage plans will be reviewed by City Engineering Staff and Watershed District. • S. If the project is or includes a landfill, attach information on soil profile, depth to water table, and proposed depth of disposal. • F. AIR QUALITY AND NOISE 1. Will the activity cause the emission of any gases and/or particulates into the atmosphere? NO X YES If yes, specify the type and origin of these emissions, indicate any emission control devices or measures to be used, and specify the approxi- mate amounts for each emission (at the source) both with and without the emission control measures or devices. Construction of roads, utilities, building pads, etc., will produce dust and and other particulates. If necessary water can be used to control emissions from going beyond site boundaries. - 2. Will noise or vibration be generated by construction and/or operation of the project? NO X YES r, If yes, describe the noise source(,)t specify decibel levels d8(A)), and duration (hrs/day for each and any mitigative measures to reduce the •• noise/vibration. Earth moving and other construction equipment will operate during daylight hours. After construction, the project will generate noise or vibration associated with light industrial. • 3. If yes on 1 or 2, specify whether any areas sensitive to noise or reduced air quality-(hospitals, elderly housing, wilderness, wildlife areas, residential developments, etc.) are in the affected area and give distance from source. Presently only industrial uses and road systems (local and U.S.Highway) are within the affected area. • G. LAND RESOURCE CONSERVATION, ENERGY . 1. Is any of the site suitable for agricultural or forestry production or currently in such use? X NO YES If yes, specify the acreage involved, type and volume of marketable crop or wood produced and the quality of the land for such use. 2. Are there any known mineral or peat deposits on the site? X NO YES If yes, n eci`y the type of deposit and the acreage. Gravel deposits on the site have been removed. • . • 3+P • 3. Will the project result in an increased energy demand? NO X YES Complete the following as applicable, ra. Energy requirements (oil, electricity, gas, coal, solar, etc.) Estimated Peak Demand Annual (Hourly or Daily) Anticipated Firm Contract or Type Requirement Summer Winter Supplier Interruptible Basis? Electric 4,000,000KWH 2000KW/Hr 680KW/hr N.S.P. firm • Nat. Gas 100,000 mcf/yr 3,000ctft' 4,000c.fi Minnegasco interruptible b. Estimate the capacity of all proposed on-site fuel storage. none . • c. Estimate annual energy distribution fors space heating 40 t lighting 20 t air conditioning 25 t processing ' 10' s ventilation 5 i d. Specify any major energy conservation systems and/or equipment incorporated into this project. None known at this time, but builders may install systems of their choice e. What secondary energy use effects may result from this project (e.g. more or longer car trips, induced housing or businesses, etcYP Longer car trips resulting from out-city residents commuting to employment may occur, but given the new residential construction in Eden Prairie people can live near work. H. OPEN SPACE/RECREATION 1. Are there any designated federal, state, county or local recreation or open space areas near the site (including wild and scenic rivers, trails, lake accesses)? X NO YES If yes, list areas by name and explain how each may be affected by the project. Indicate any measures to be used to reduce adverse impacts. • • • • 11 H. TRANSPORTATION I. Will the project affect any existing or proposed transportation systems (highway, railroad, water, airport, etc)? NO X YES If yes, specify which part(s) of the system(s) will be affected. For these, specify existing use and capacities, average traffic speed and • percentage of truck traffic (if highway); and indicate how they will be affected by the project (e.g. congestion, percentage of truck traffic, safety, increased traffic (AUT), access requirements). 'Trips to and from the industrial development will be carried by collector streets to U.S. 169, Crosstown 62, or Co.Rd. 18. • 8a_ for further_information. 2. Is mass transit available to the site? X NO YES 3. What measures, including transit and paratransit services, are planned to reduce adverse impacts? • Presently the closest park-n-ride site is 2 miles to the southwest at the Eden Prairie Center. If the number of rides warrant the MTC and City will work together on identifying park-n-ride sites. • 411 J. PLANNING, LAND USE, COMMUNITY SERVICES 1. Is the project consistent with local and/or regional comprehNensive S plans? -- If not, explain: If a zoning change or special use permit is necessary, indicate existing • zoning and change requested. The project is presently zoned Rural and I-5 Park. Rezoning to I-5 Park is being requested. Also being requested is approval 'for limited outside storage within two additions. • 2. Will the type or height of the project conflict with the character of the existing neighborhood? X NO YES If yes, explain and describe any measures to be used to reduce conflicts. - 8 — �'7 f • N f• 4. •-4 N C op 8 01 8 01 O p> N 4n u," N .�•1 .�•1 _ or-I Q r• N In r•. OV • • o N ! a 19 7 6 -• .. . • . TRAFFIC VOLUMES c., .. . ,.. iiip .', . .. i o ic * ' � . N =31,Lam'• '. .Ar' �73`/ �. • I } ate'• O • o� o u�i ... Er", ti � :�' .ttw•.. N O .•.I ri C a.,c::uu... c . q Y • k• , ilia • '�•' ` • O Propos � v ... �, •• 'o • a Shady ill t t 0 0 a 8 v to _ . ` • v Road exten-‘`s I. h • ��A • Oi N M CO rI • �. : .•• = `. • a V • A s v.t.t.•:: x•, j ssoo `±._L. o s3o .%: i p O 8 • O 38.30 ✓�. .. ... O O O O us M to r• 40 M M• N O Y f•i •. Q C to �o w 4J A " ''~ *vehicles using more than L NI- P, o_a CL a s • one road system -8a- S 3. Row many employees will move into the area to be near the project? NA • Row much new housing will be needed? • 4. Will the project induce development nearby--either support services • or similar developments? If yes,explain type of development and specify any other counties and municipalities affected. Additional development is anticipated and planned for but will not occur solely as a result of this project. 5. Is there sufficient capacity in the following public services to handle the project and any associated growth? . Amount requireet.. .. .. • Public Service fprojectS water 1,400,000 al/da X wastewater treatment 1,400,000 gal/da X sewer 2,000 feet X schools. NA pupils solid waste disposal 312 ton/mo X streets 1.5 miles X other (police, fire, etc) X -If current major public facilities are not adequate, do existing local - plans call for expansion, or is expansion necessary strictly for this one project and its associated impacts? 6. Is the project within a proposed or designated Critical Area or part of a Related Actions EIS or other environmentally sensitive plan or • program reviewed by the EQC? _J _NO YES. If yes, specify which area or plan. 7. Will the project involve the use, transportation, storage, release or disposal of potentially hazardous or toxic liquids, solids on gaseous substances such as pesticides, radioactive wastes, poisions, etc? X NO YES If yes, please specify the substance and rate of usage and any measures to be taken to minimize adverse environmental impacts from accidents. IL — 9 - 3t13(O • 8. When the project has served its useful life, will retirement of the • facility require special measures or plans? X NO YES It yes, specify* • 1G HISTORIC RESOURCES • 1. Are there any structures on the site older than 50 years or on federal or state historical registers? _LSO_ YES • 2. Have any arrowheads, pottery or other evidence of prehistoric or early ' settlement been found on the site? X NO YES Might any known archaeologic or paleontological sites be affected by the activity? X NO YES 3. List any site or structure identified in 1 and 2 and explain any impact on them. • • • 411 L. OTHER ENVIRONMENTAL CONCERNS Describe any other major environmental effects which may not have been identified in the previous sections. • • 4 III. OTHER MITIGATIVE MEASURES Briefly_describe mitigative measures proposed to reduce or eliminate potential adverse impacts that have not been described before. • 10 • • V. FINDINGS The project is a private ( ) governmental (X ,) action. The Responsible Agency (Person), after consideration of the information in this EAW, and the factors in Minn. Reg. MEQC 25, makes the following findings. 1. The project is ( ) is not ( X ) a major action. State reasons: • • • 2. The project does C__,) does not • enviironmenta1 effects. (1.) have the potential for significant State-reasons: • • 3. (For private actions only.) The project is ( ) is not ( ) of more than local significance. • State Reasons: • • • • IV. CONCLUSIONS AND CzKIlFICATION. • NOTE: A Negative Declaration or EIS Preparation Notice is not officially filed until the date of publication of the notice in the EQC Monitor section of the Minnesota State Register. Submittal of the EAW to the EQC constitutes a request for publication of notice in the NE Monitor. A. I, the undersigned, am either the authorized representative of the Responsible Agency or the Responsible Person identified below. Based on the above findings, the Responsible Agency (Person) makes the following conclusions. (Complete either 1 or 2). • 1. _)L NEGATIVE DECLARATION NOTICE No EIS is needed on this project, because the project is not a • major action and/or does not have the potential for significant environmental effects and/or, for private actions only, the project is not of more than local significance. • • - 11 - 2. EIS PREPARATION NOTICE An EIS will be prepared on this project because the project is a major action and has the potential for significant environmental effects. For private actions, the project is also of more than local significance. a. The MEQC Rules provide that physical construction or operation of the project must stop when an EIS is required. In special circumstances. the MEQC ca specifically authorize limited construction to begin or continue. If you feel there are special circumstances in this project, 'specify the extent of progress recommended and the reasons. • • b. Date Draft EIS will be submitted: (month) (day) (year) (MEQC Rules require that the Draft EIS be submitted within 120 days • of publication of the EIS Preparation Notice in the F$C Monitor. If special circumstances prevent compliance with this time limit, a written request for extension explaining the reasons for the request must be submitted to the EQC Chairman.) f • 411 c. The Draft EIS will be prepared by (list Responsible Agency(s) or w Person(s)): • Signature Roger K.Ulstad,City Manager Title • • Date B. Attach an affidavit certifying the date that copies of this EAW were mailed to all points on the official EQC distribution list, to the city and county directly impacted, and to adjacent counties or municipalities likely to be directly impacted by the proposed action (refer to question I1I.J.4 on page 9 of the EAW). The affidavit need be attached only to the copy of the EAW which is sent to the EQC. C. Billing procedures for EQC Monitor Publication State agency Attach to the EAW sent to the EQC a completed 06R 100 ONLY: form (State Register General Order Form--available at Central Stores). For instructions, please contact your Agency's Liaison Officer to the State Register or the Office of the State Register--(612) 296-8239. ' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 79-1875 A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR SHADY OAK INDUSTRIAL PARKS A PRIVATE ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT WHEREAS, the City Council of the City of Eden Prairie did hold a public hearing October 16,'1979 to consider Shady Oak Industrial Parks by Richard W. Anderson, and WHEREAS, said rezoning is approximately 100 acres of land from Rural and I-5 to I-2 Park and is within the public/private PUD of Smetana Lake, and WHEREAS, The Eden Prairie Planning Commission did hold a public hearing on August 12, 1979 to consider the rezoning, preliminary platting, and Environmental Assessment Worksheet, and recommended said requests be approved by the City Council. and NOW THEREFORE BE IT RESOLVED, by the Eden Prairie City Council that an Environmental Impact Statement is not necessary for Shady Oak Industrial Park because the project is not a major action which does not have signifi- cant environmental effects and is not more than of local significance. • BE IT FURTHER RESOLVED, that a Negative Declaration Notice shall be officially filed with the Minnesota Enviromental Quality Council. ADOPTED THIS _day of , 1979. . Wolfgang H. Penzel. Mayor Attest: John D. Frane, City Clerk SEAL • • 3100 . I • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO.79-184 • RESOLUTION APPROVING THE PRELIMINARY PLAT OF SHADY OAK INDIISTRTAI PARK 3RD 7 5TH BE IT RESOLVED by the Eden Prairie City Council as follows: ' That the preliminary plat of Shady Oak Industrial-Park 3rd & 5th Adds., dated September 18 ,1979 a copy of which is attached hereto and amended as follows: is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the day of 19 . Wolfgang H. Fenzel, Mayor John D. Frane, City Clerk • SEAL • • 3101 J- MErRANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services DATE: October 11, 1979 SUBJECT: Petition From Creekwood Homeowners Association Attached to this memorandum is a petition from 72, of a total of 75, homeowner representatives from the Creekwood area. In addition, 26 homeowners of the 27 lots in Yorkshire Point have also signed this petition. The petition re-emphases the need for a small neighborhood park north of County Road 1, east of 169, and west of the future extension of Homeward Hills Road. At the October 2, 1979 Council meeting, the City Council directed staff to 111 include a small neighborhood park for the Creekwood area in the proposed bond, referendum. This has been done. Staff is presently discussing, with the Preserve, the possibility of a park site somewhere within the 40 acres located east of Creekwood. BL:md IL • •I • Eden Prairie Mayor and City Council ® City Hall Eden Prairie, Minnesota 55344 Dear Representatives of the peoples Please find attached hereto a petition concerning park needs and recreational facilities in and near the existing Bien Prairie neigh- borhoods of Creekwood and Yorkshire Point and the proposed Overlook Place development which is currently being considered by both the Council and the Planning Commission. This petition has been signed and approved by 72 of a total of 75 homeowner representatives (total 95%) contacted in the 49 developed lots in Creekwood. Two homeowner sites in Creekwood were unable to be reached for a determination of their position on this matter. In addition, 26 homeowner representatives located in the 27 • developed Yorkshire Point lots signed the petition. In addition to the specific facts and considerations outlined in the petition, we would like to bring the following items to your attention: 1. The petition requests a 10 acre site to the west of Creek • Knoll Road. Realistically, 10 acres may be more space than is available in this area. Alternatively, up to 10 acres may be available to the east of Creekwood on land presently owned by the Preserve. Preliminary die- tussions with Preserve representatives has found that they are willing to sell adequate space. 2. During the original Park Bond Referendum considerations, the Yorkshire Point development and the currently proposed Overlook Place development were just getting started. As a result, the subsequent added density caused by these two developments, added to the existing Creekwood develop- ment density, causes the overall area to be a much more viable location for a "Mini-Park" of from 2 to 10 acres or a "neighborhood park playground" of from 10 to 25 acres. In order to maintain a localized quality of life, one of these alternative sites is a must. Please refer to EKHIBIT I attached to note proposed sited "A" and "B" west of Creek Knoll Road and proposed site "C" east of Creekwood. 3. In addition to the Creekwood, Overlook and Yorkshire areas being bounded by extremely busy Highway 169 and County Road #1 (see item#6 in petition), the nearest proposed park currently under consideration (Homeward Hills) is in excess of the /mile service area maximum outlined in the City's Comprehensive Guide Plan. • We recognize the Council is constantly under pressures from various factions within the City and that the Council has sue xtremely difficult job in attempting to balance the wants and desires of all interested parties. Nevertheless, parks and equality of life are one reason most of us are living in Dien Prairie and therefore we respectfully request that this parks proposal receive fair and well reasoned consideration. - . . Yery truly yours, The Creekwood Homeowners Association • • • • • • • • IL 3rvg1 • September 28, 1979 •+ Eden Prairie Mayor and City Council City Hall Eden Prairie, Minnesota Dear Representatives of the People: The undersigned residents of Eden Prairie in the Creekwood . and Yorkshire Point-developme:its respectfully request the City of Eden Prairie to acquire active use park land to serve the needs of the residents of our areas. We feel that a 10 acre site to the west of Creek Knoll Road (or immediately to the east. of Creekwood) is appropriate for this development. The facts supporting this request are: 1. There are 54 lots in Creekwood, all of which are privately owned; 49 of which are developed with • single family dwellings. 2. There are 27 lots i.n Yorkshire Point; all of which are currently developed. 3. There are approximately 58 children in Creekwooi, approximately 30 children in Yorkshire Point. 1+. At the present time, there are no active Use parks in Creekwooi or Yorkshire Point. 5. Creekwood hen no space for playground on wheels, nor did it in 1979, have playground on wheels. 6. Creekwood and Yorkshire Point and whatever development will be placed next to Yorkshire point are hounded • by Highways 169 and County Road, which are heavy traffic roads and extremely dangerous for pedestrian trafft.c, most especially children pedestrian traffic. 7. The nearest proposed neighborhood parks are at least 3/4 of a mile away across either highway 169 or County Road 1. 8. Plans for development of the land west of Creek Knoll Road are currently pending by the owner and developer of Creekwood and Yorkshire Point developments. I Z • Page 2 - Petition of the people For the foregoing reasons we respectfully request the City j to acquire suitable park land for use of Creekwooi and Yorkshire ' Point residents. difif.fio /lei i! 91 idyyJ2 /Z( fieCO3m j Address , i ,X ,.,k1 s i,,e .'. 9 1./)orcA,izfaz.) &4) d - -- /4 C..C..(/ — ,I (2,,,,,,,'.,...;�.2ii 6 i, 9v,n9 (J� y.4i A0,4, a A.e. 2567 U?,9r.n,ep.'i-(', !ec,e • 4 f • �..�./t.-t.s 955-4 y./ae-6,.„e•,/ C'l.t_ ,.. am' if .� dll'75 , 9ss3 �� e ;- ,r-4.-01,-19.4,..,,,,,- . ,-,_... ,......_ . @a,,0', al., 9 4to1 Woo.. ;G,)rt.... egii(Pct, R14_. ?(/,/ zakAterte:To. /Lek,. 6,--e-c-,r ' A--((e- . ,. „ di, G. .t..(7.1/),) 96-0 OduPAwt,c.. Di-% A,,i . ..,7,—,_:_lr_ P.,39 ../,..7.4di*"..- k• d (,. . ...... ( . 3106, 1 1. Page 2 - Petition of the people I' R For the foregoing reasons we respectfully request the City to acquire suitable park land for use of Creekwood and Yorkshire j • Point residents. i° Hamel Addressgort-c , 19:-,-!:,' q-,,, 619,•_k,"21:-/ tc*. • ss I -K4,.. ,s// cadail., f.-, ,,. 9,,„,,..6,,to 451. . ere�k�r,,„,, ,, . ,�;2JQ Q,a 7,5 z C LD D., . '11 ./ - .1 ff 7 C.rr ..e........, .- L9,;-... n II • 4.64,71 . 4 0 qso' i'ui sal 1k . --0 4/? —0-t)- 6-k, 94 -c-I , .,Q ,-1. \i'".t.,n_r4..ti._ 9 CNN e t,^-f. ,,_47 t. r r�' kioi ,�.Id/C �a6hr�rr, `�`i `7 G(�P,��(ch�c;(Y ►^I tic- . ! • • • 4 . • Page 2 - Petition of the people For the foregoing reasons we respectfully request the City to acquire suitable park land for use of Creekwooi and Yorkshire Point residents. 2- • - /1935 2/.t- : G..62A ' Nam dLrn�� Address fq.ci£ /5 c/ G 444.c "./i / X 0:-M4 .C.,' 26/ t, /.a..;J.Lire., z. • UZ„....et.,v.„---/ • " (‘ire'r • • t • Page 2 - Petition of the people it For the foregoing reasons we respectfully request the City to acquire suitable park land for use of Creekwoai and Yorkshire Point residents. Na01V4V/ / i + Address j 7-4kr Giedar-on .g -- qS 79- *t4("4, 747 '/3�f9 (-Al t,(�4.<<�! A a , , • PO ,4.G ? eta let 2.--f-e u ` D. c?..i gn CU C' t `ee'�:.2 yip!a � k�� �cs'�� �.tz '.i c•s�.z;fti/u•, fit - • • • 3109 - • Page 2 - Petition of the people For the foregoing reasons we respectfully request the City to acquire suitable park land for use of Creekwood and Yorkshire Point residents. ame Address 1 if 4i,( tt):t.d?a, ',;11, c,. T.�.,�4t � .� \,ati",t. 9 Sys 1. to r+-r .ti,rti.\ t` c �. *?/hOP C�i.• f-( A - v66 u.kr,tvtc1;Q Dr.- , . ,un a- ., a V0,•• 4v►1,Gam-. - 9sr1, 6 I.),,-e4u_. . DA v � , 1 r . .�(-(/ ��(A 9 kr_s_. , /, m e i n-,{. ,c-'t . h--t?n.P�oL i11_!�/) 7Sx.2Y ZdroXed e C../M1, • ,C/O. 9.1711 ; i ' ;des o ere G a 6154 a. L 92Y'4NAe Ctnc2 e. 97 4 Z 10„0_,Dt . C,gc t _ Jd dr Cvb�c..,-:,.... 99Fo Igr-aiiWoe bit/dam4,.. ..,,..,(i. . � J • // ICeit1 ( •l.e�;L�:•LL&- `/5t:V) (e,n�•1/k.'t[Cl[!' . 2 4:1 A ,L% �_ �Ct't/�%f 6.S XL1,'r•' ,( '_ ( t''/ri: ',\L. e/i \ e'`i)\\\.- r-s , , ‘. r? 1 Ci .‘' ' \ -)' 9 - ' '. ' -\ silo L • • . " { Page 2 - Petition of the people 1 For the foregoing reasons we respectfully request the City ." to acquire suitable park land for use of Creekwood and Yorkshire Point residents. .. 4-2-17 / / //(/ 9(---/t- .ji•",,? /•• (v./ Name Address '473; -•*S-.:-,:t-e 4,.,,it ) e,-,c/(,. /5/,-,../...,..4.,, ..z.: Z(1410•1,-.1-0/) ,2,2, ),-,f;k-./. 4 11 •. - „..1.,,,i___,K,„71.,,k____/„.,„_- • ,•• . -a „ -4 , l.M,' . . .. ii-,),:fit.,,,,e_ie .. 11"-- '' 11 e..tL - 9 5122 (I(.-19:=4..14,A4 k..-,•:, a • i . - . ..• r , ..) ,-. ;IQ,. citNo C cicz ,,,,,./1dA't (.!.• li .• ,..?, ...(>4. (-1-_ ...,,,,A."._ Fcc/Ce ile,-7.4dde,...,-- . t„. .),____., .1 - . , • c•\ ;...... „A. i.ti. 9 C-.5'. , .(',7•11,-.s.1,,..4_, 4‘,....... . t _.-- it e-,')2_, /(:),ea,--.e.e. /... • ei..(,--2 ., Z.() ii 1.4..„4„.•7 13,-,-,-1...L. 9 s-s-A - CpA`,4••:- t .4.4-.1 (75-illY -(4,,/../:;,c 174a. , . (-) ,.,..) . ?-77---/ts f..S e ii. yeE e_r# er- 14 ,i, • p‘. ./ •--) fLfrj__,L.________, tl IleeKSPilier Z.-4. • ,7),( •ti , ' 11-0/(M - .... ( i.. •it. 0. yi.e Yt. "" ' t %it( ,-,1 li '. ,7 y .... ;, --. . ,,, 113A, trik.-- -Lite \-d-/( 1-'.:;1 / f .;-;.--,- -0 ".____ --) 4.-‘1.0, ' 7ti,; ti .*„.10 .;till . • 9)111 . . • • Pine 2 - Petition of the people For the foregoing, reasons we respectfully request the City ; to acquire suitable park land for use of Creekwoo.i and Yorkshire Point residents. _y, a I (�7r?a.A.1114 4,7; 9606 l/�.9!hd.. `e-, Ndm� \ Address Tette -r_ 1 E-6 7 ks A., L // // s2 ;.act . •-- - us. ()G-r7 kiec,Uaz. JIA • 1. 9 �/ /r./.l.Ctt-da ✓. )4A7t -cvs 41A151 (wkez,9 ca • 3112 , ...i________±An v, , °' E. X1-1i IT I w tit ■ i P C\..._j NATO • Y ti� � Irig.,-..,p,... s.,.., wild IJ ,.... lillis umi . . _T- --, woo Ir , , in s { _ 1■ / SURR WW1 01 NI 44 _ Vied =-�-.0 3113 Vir k a i /. • rCs r' I':r1s, as distinguished from open spaces, arc generally those •• • r' tic lands which offer more active recreational opportunities a / .re situated with regard not only to natural features, but t.. accessibility as well. Several different types of parks arc designated throughout the City (see Figures 5-3 and 5-9). Each type differs in many respects, as seen in the following table, • although there arc no hard fast rules for categorization among • parks, or even between parks and open space. • TABLE 5-8 .. PARK CLASSIFICATION • compontwr VIE 4E1 r •AREA VTE SITf ATTf1IQUITS SITE IC 61iQt_. '{dill l'An6 cunt fora lar.l.Iny Vart a • comic t.rd Or 1a...t44ed pueulahon aIrre:iKsnoop wet aI ton or Lest than iN 2-10 ' •Mthin rtsidenttal • s h ,..wu.mar be a 1pea toot ante Knit dtytIW cnis • pet as n.".uonent Gonna.tl,loan• loons or stogie rattily develop .rats. - - t 1til.It110nt.K10a Area ler intense..ertanonat 114 to In mile 1035 Phys oyiphy Proximity to ele• PARK PLAYGROUND animas such at held s,n•et Minot to terve aced Interne to, rD' mentary tcoalt. coon games.craft,.r..patatus a poptUl1t.on of Mtn.1Vting.nr.g+.bahood 4,003 to 5.O03 mem • contort (tw•.glrbahoedd _ COM Pro f or nfee oat 3$nr dIwahoak 2'50 Pt.ysiatnMy Proximity to tt ond• PLAYfIELO beddressuch at athletic Itomlxatv' sacs suited to sty dnn and Other &deband Ede .ml oM1 Wrote public atduc$. could include ne.t:.aorno0d deeetopment. • vo. — COMMUNITY Area of natural or ornamental 35 nrigtlbothoodi 2550 �oldsttutes w at Prorith Otto�14o c msm• • B PAMK Quative fur outdoor reverser. teo.nnwnny'l aaas •cell at watt...a.n14was Valid phytia white lcdlOavo of OWN.picn.ct.no:Could have 'Milk interest. ava table. same laid and court goner, a _ REGIONAL PARK Area of natural or ornamental 3.5 commun,:es' 2005O0 Settinga 0.wuut twhveSOURe Caw-haat comic,reCttni.an Sect.as w 000 aye- to water twd.a or pvt.cublly watt. *rucking.!Qatar tones Minimum) water courtly where • • twieunang•Aunt),haunt).& poattet. tamping. lIEG10RAL PARK A ro of natuul 0.31.ty for County 10001 Devatay ul un.uue VOaa.rre reouK0 RESERVE nal.re ottented outdoor Multi county metes:tut. mama.ie.toga • • lea Catkin Wda Nvaw.ttg • •• IuiMl g..gary.later Ureamt aMtwflyx.g aorta,,natnit *KJ 10 ttu.t.et.lima.fauna. .. tattiN*.t00.04al.a..COO. • tneomlatt • ping.n.tmetng.t.4tng,& the,,hover hsh.ng. Cnith net . fur prase. .. "Aron. • SuttKKM Val:a man ma.k Aha Whenr NON ft.LIMA!PARK Area Mrre,Myaoo." once, renllh to natural bur,.esou.eet fissure u:tu't {TU.n.ptn►i.ay11 note.O1 tt g l$acts of rec. L.A:...g.ttromtt of M,taea..N tra.:l I.a.la at ixoridr own of n.htr scdt ah•u1 sruem. l.).ni.!.tang.Ica.me. washouts terrut♦vt uN•n us way. tart other e.toret. Ulan,I.ahy...ct Analog. polNhat drr..a<.rwatl.loran tarhhtr er.•tt N y eMHoui1y si....1 Cl- of lruw.ee h•.a.•:a•taha.I nal• Nlte.a.•I.t.ral a.and noon¢L croon, C.ntasmro.n tent,.w Wan. sun:t*it t'xgll.le I' actaupinh • pNtote. • Area l•nwt.tl.MN., Sutf.ddi.l IIn.al4Nly 1..r•.h tyhrrertNaree HISt OItK area lain eltd-owe..I the Pant. PAIIK two.Ohl nt.at l VI lnen.tet . • Vitt.N.,1I.1•Mtt.VI I.•MO•.tJI eNUrlwnl IrM1al.vht.al,pate «IµtM• t f.. and eglrelag{at t J.t!.,nte, IaM.p a taut 1100 nut. 4( IttAgte. md4Ny,nvral 1xNwy,aw.r..M.•d lad.&M.an at Issue. µtlWwsw.N 4"n tern. Inapt Nal.n•e•4•.d VW INW'tt.a.11.te rega 1 Id ov...N t*N I......t. fit PAL USE A..v ta..at...y nut 4,40 or 11n41144 Approormalp w rule p..ur w leis . Innie...soon.nr.WM Kesel Q�paf itNWJ I.alntLN f.a tlnl a.JMtlw'la�n!• etawdxyrn u ..at.a......u't ✓lig NMtlnat.k Wilt • (Maori tVVIa r.n.ar.V.rain. 4U*W.4 .....>:_....1 J ,... . I DORSEY. WINDHORST.HANNAFORD.WHITNEY & HALLADAY ....•w••• 61....•6..4. 1300 FIRST NATIONAL BANK BUILDING ,n••.6..Nt •t•sktf l..1 mtw 201O t•.4•ttC• ..“.••....not Pt•t.•.0•..0l �.•t•tr DMO,•KuNcc 6s•1••C..Mn •.606.t.P.100 t • M.wNp ra NINNEA POLI S.NINNdg OTA 5340E C•.t••i..t. i:.ND.M+•t1 Mnf•6-•.. Kwd MICA. OW.t.•N . '•6 WC. +0..•v.:. ..tf•.COU -.MI •••wu •u•••a•Cs/• /Bldt 340-dB00 a••D•►:O.. Ni..•w.••••1 •.lisett..i`*NA .°nr••••••• 4 •.u•t.(wow >„.n D•..t6 Da(6 •••+..p•.••Nnawst .t(H t A+M:. (CmC( i.Ri a*ti.0 {4t writ ciuct i�.NfsvPr i.uw l:an-'[��� i' ' a.••14.4. ..ILA w46 i••w^•1�"Du tN6.1m +O•w C 1««. Y wA'M.•wwf r to•.(.,6 t t.a,NVO • CAe•C 00406 +t.+•nwtw ao.• D.✓wt•nt.. (wit•.0.1,.0O. .iK.t,sOil • ..r.•14w(. ••+"11616.+ ia.••.•Ont,A 2e-060e ',i 60.1 CM?I•t•4Atttf M•N.• '" A I.0•ton. C•....M(• (C +tt-.••M)WH6,M.nbo TLLttOPtcP e.g,350-seBe ••• t••n+• 65.0..**OCR ,I• .Wf•N:.• +.•w.. 0.•Mtb l M4,6P• D(ONt 4 at• 1 ofo�:S.o .f .•C.t ..SCY AIWA tDW D•..t.I.w• : CC .tcut• 156e W-FIRST 1•A,$0MAI MAMA e1.,•01NC 61•66•6.•t y.N••6,...tK • tMt. 0•O•i•.t. ST.PAY• MM[Sp rA eb.01 • N0• ..tK.0 la • t•.•t 1 n1/..Y•. Itt.,.NM{ •aa ay..WW1 • 11.S t 606O6l•./1 ••••/l1• NW1 1 •µ•..•TDB •,.•Olt fi -- .st•Mt• G•:•Iltn•W00•*. .t.K. MlM•Y.(•ri• ."..(.a "Cli N. 9{{ •0.•11M1t l•w0 N..1 tt0 TN,RO STOW 50U) 55001 •(.N•.•C.ht. 1 .5.5 .14 10tt.0•••• ROCM[ST[4.N.MN 3,50•eeB01 C•n..0d,. .0..D•SIN +pw.D••1• 1e07 re 0 3.e6 p••Wed,. •1-itt ft..•. 00001•1C-•..':f•.t• 1.1 i 450 0/ •00a ...••hW. D••D.•t.t• 1•.•..t..••f•• .•.N/.•.0..•. ...,o•.ftM r.e..> . •w•.•a.rw wont t•.t•s0• ;.V..$••• •D•tbagt' October 11, 1979 •"''.sill°` 4. 1 1 The Honorable Wolfgang H. Penzel Mayor of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 1 City Council of the City of , Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 II Re: Rezoning Agreement dated May 2, 1978 by and between Thelma G. Haynes and Bruce G. Haynes and the City of Eden Prairie, Minnesota; Plat of Bryant Lake View Estates Dear Mayor Penzel & Council Members: We represent Thelma G. Haynes and Bruce G. Haynes, who own the property which is being platted as Bryant Lake View Estates, and who signed the above-referenced Rezoning Agreement. As attorneys for and on behalf of Thelma G. Haynes and Bruce G. Haynes, we hereby request that at its October 16, 1979 meeting, the City Council consider the following requests: (i) that the filing requirement set forth in paragraph 10 of the Rezoning Agreement be extended to December 1, 1979; and (ii) that the requirement set forth in paragraph 11 of the Rezoning Agreement that the owner proceed in accordance with the Agreement within 24 months from the date of the Agreement be extended to a date 36 months from the date of the Agreement. . The Hayneses have been negotiating a sale of the subject property to Laukka & Associates, Inc., a Minnesota corporation, for approximately 1 1/2 years, which has not been closed primarily for the reasons mentioned below. During CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE A283 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: Section 1. Appendix A of Ordinance No. 135 is amended as follows: the following described property, • as set forth in Exhibit A attached hereto and made a part hereof, shall be and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District. Section 2. The above described property shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , 1979, between Zachman Homes, Inc., a Minnesota corporation, and 41 the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 28 day of January , 1975 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1979. Wolfgang H. Penzel, Mayor ( ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1979. LEGAL DESCRIPTION OF VILLAGE WOODS SECOHD ADDITION All that part of the Southeast one-quarter (SE §) of the Southeast one-quarter (SE 1), Section 16, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the South- east corner of Village Woods First Addition; thence North 70 degrees, 12 minutes, 00 seconds West along the-southerly boundary'line of Village Woods first Addition a distance of 320.00 feet; thence South 19 degrees, 58 minutes, 00 seconds West a distance of 8.00 feet; thence North 70 degrees, 12 minutes, 00 seconds West a distance of 205.00 feet to the most southerly corner of Block 4, Village Woods First Addition; thence North 29 degrees, 00 minutes, 00 seconds West along the southwesterly line of Block 4 a distance of 100 feet; thence South 08 degrees, 28 minutes, 47 seconds West a distance of 378.74 feet to the northerly right of way line of proposed Scenic Heights Connector; thence alonga non-tangential curve concave to the Southwest and the chord of said curve bears South 61 degrees, 58 minutes, 08 seconds East, a radius of 541.16 feet, a distance of 293.14 feet, central angel 31 degrees, 02 minutes, 13 seconds; Thence South 46 degrees, 27 minutes, 01 seconds East on a tangent 246.24 feet; thence along a tangential curve concave to the North- * east, radius of 233.18 feet, a distance of 182.76 feet central angle of 44 degrees, 54 minutes, 24 seconds; thence North 88 degrees, 38 minutes, 35 seconds West on a tangent 0.77 feet to a point on the southerly extension of the easterly boundary line of Village Woods First Addition; thence North along said southerly extension a distance of 486.66 feet to the point of beginning Containing 5.48 acres more or less. EXHIBIT A - I • • • 3►t') DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 by and Between Zachman Homes Inc., a Minnesota corporation, hereinafter referred to as "Owner", and by the CITY OF EDEN PRAIRIE, a municipal corpo • - ration, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to change the zoning from Rural to R1-13.5 for approximately 5.48 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof and hereafter referred to as "the property", and WHEREAS, Owner desires 'to develop the property into 13 lots for single • family homes. NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance No.283, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated September 26, 1979, reviewed and approved by the City Council on ` , 1979, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and insuch manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C attached hereto and made a part hereof, 3. Owner shall convey by Warranty Deed that part of the property shown as "Park" on Exhibit B, outlined in green to the City immediately upon filing of the plat and prior to issuance of any building permits. Owner shall grade and seed said Park according to Community Services Department recommendations outlined in Exhibit D, attached hereto and made a part hereof. • 3111 Developer's Agreement-Village Woods Second page 2 4. Owner shall construct concurrent with street and utility construction in the property a pathway 6 feet wide and 4 inches thick of deep strength asphalt with let down curb and gutter in that part of the property • designated as Park in Exhibit B, commencing at Hiawatha Avenue 8 feet north of the northwest corner of Lot 1, Block 2, and extending easterly and southeasterly approximately 250 feet as depicted in red on Exhibit-B. • 5. Owner shall not be issued any building permits upon the property until Village Woods Drive from the Southwest end of Hiawatha Avenue appearing on Exhibit B to Mitchell Road has been dedicated to the City and bituminous • surface installed thereon. 6. The following setback variances shall apply to the lots within the property: 5 feet sideyard setback for garage to side lot line 10 feet sideyard setback for 1 story house (living area) to side lot line 15 feet sideyard setback for 11/2-2 story house(living area) to side lot line. • • 311�1 • IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day andyear aforesaid. • CITY OF EDE"i PRAIRIE a municipal corporation of the State of Minnesota• i. By: Wolfgang H. Penzel, Mayor • By: Roger K. Ulstad, Manager STATE OF t 1INNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1979 by Wolfgang H. Penzel, the Mayor,and Roger Ulstad, the Tity Manager, of the City of Eden Prairie, a municipal corporation on behalf of the corporation. • Notary Public Zachman Homes Inc., a Minnesota Corporation By: Its• By: Its STATE OF MINNESOTA) ••4'"•. PATRICIA K.KOVAPtK SS. ' �' NOTARY PUBLIC-MINNESOTA COUNTY OF HENNEPIN) NCNNCPIN COUNTY MT COMM/�w01,ii►IRIS NOV.6,19114 The foregoing instrument was acknowledged befor me this W"clay ofNNz.t , 1979, by\\\ the\)\rp fie, • • of Zachman Homes, Inc., Minnesota corporation. 5120 - C •+\.\ • • • LEGAL DESCRIPTION OF VILLAGE WOODS SECOPID ADDITION f ' All that part of the Southeast one-quarter (SE 1) of the Southeast one-quarter (SE h). Section 16, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the South- east corner of Village Woods First Addition; thence North 70 degrees, 12 minutes, 00 seconds West along the southerly boundary line of Village Wood's First Addition a distance of 320.00 feet; thence South 19 degrees, 58 minutes, 00 seconds West a distance of 8.00 feet; thence North 70 degrees, 12 minutes, 00 seconds West a distance of 205.00 feet to the most southerly corner of Block 4, Village Woods First Addition; thence North 29 degrees, 00 minutes, 00 seconds West along the southwesterly line of Block 4 a distance of 100 feet; thence South 08 degrees, 28 minutes, 47 seconds West a distance of 378.74 feet to the northerly right of way line of proposed Scenic Heights Connector; thence alonga non-tangential curve concave to the Southwest and the chord of said curve bears South 61 degrees, 58 minutes, 08 seconds East, a radius of 541.16 feet, a distance of 293.14 feet, central angel 31 degrees, 02 minutes, 13 seconds; Thence South 46 degrees, 27 minutes, 01 seconds East on a tangent 246.24 feet; thence along a tangential curve concave to the North- east, radius of 233.18 feet, a distance of 182.76 feet-central angle ( of 44 degrees, 54 minutes, 24 seconds; thence North 88 degrees, 38 minutes, 35 seconds West on a tangent 0.77 feet to a point on the southerly extension of the easterly boundary line of Village Woods First Addition; thence North along said southerly extension a distance of 486.66 feet to the point of beginning Containing 5.48 acres more or less. EXHIBIT A • ( • • _ • • 3121 1 —r r-++_.Y Ivor Y --""..'1u0 p �' \ SECOND .1 . B• nwn• a......a R•WA • 1, •Y • I ` * "44, I .-Q., -- OJS p ... .. _ , .. • 44 • x �.....` !°. d ��° yi�:'-ate t$ off , t . 1 w"- ,� v 2 \\ `4 ,, , 4 2 ," !'9 \\ f. a .t, yVQ - I i 3 6. • a Q 4. 4.Y 6 p! 3 �� Sao 8ll t; ,, .•, „• �� 52", t I ill . ••- ` \\ i I' // II / *. O . INI cr. 411 =mac,`NI ! q 0 f(NM(S tRn'uMNINCnt tl(AR1NCA SN4-01 AR( Ai!NNrn "EXHIBIT B" ` ; Sept.26, 1979 3#22- 1 • - - - DEVELOPER ' S -hutcttntnt - IP • EXHIBIT C page 1 of 4 j' I. Owner shall submit a development plan pir tosappm roval of the final plat which shall show proposed grading, r • drainage areas and direction of flow, preliminary utility plans, ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all rovailots. Approval evelopmenfi the final plat shall be subject to app • plan by the City Engineer. II. Owner shall submit detailed construction and storm sewer , plans to the Riley Rirgator/ Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required { 411 by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable tothe property ll besincreased $ 325 per lot The amount to be paid y Owner shor decreased to the extent that City ordinances are amended or ofpthe issuance ofgany buildingepermit forrconstrut ctionfonhtheate property. IV. Prior to the dedication, transfer or conveyance of any real . property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to - the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred-or conveyed as maybe provided herein by • Owner 'to City shall vest in City good and marketable title, • therein free and clear of any mortgages, liens, encumbrances, or assessments. • d I • la3 110 V. All sanitary sewer, watermain and storm sewer facilities, streets,curb, gutter, sidewalks and other public utilities ("improvements") to be dedicated to the City shall be designed in compliance with City stand- ards by a registered professional engineer and submitted to the City Engineer for approval. All private improvements shall conform to the City's Building code requirements. The Owner, through his engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within 60 days of completion thereof, together with a written statement from a registered engineer that all such work has been completed, inspected and tested in accordance with City approved plans and specifications. Prior to final plat approval, or issuance of building permits, if no final plat is required, the Owner shall: A. Submit a performance bond or letter of credit which guarantees completion of all improvements to be dedicated to the City as determined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements. The bond or letter or credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engi- neer a written estimate of said costs. Said bond or letter of credit shall specify that said improvements shall be com- pleted and acceptable to the City Engineer not later than a date to be specified by theCity Engineer and that said improve- ments shall be fully guaranteed against any defects in mate- rials or workmanship for a period of two years following said completion andacceptance date. Acceptance of improvements by City shall be subject to recommendations of the City Engineer and to receipt by the City of the Owner's warranty guarantying such improvements against any defect or defects therein for a period of at least two years, together with a bond or letter of credit in the amount of 25% of the costs for such improve- ments in such form as shall be acceptable to and containing such further terms as shall be required by the City. B. In lieu of the provisions of subparagraph V.A.• above, Owner may submit a 100% petition signed by all fee owners of the property, requesting the City to install the improvements to be dedicated to the City. Upon approval by the City Council, the City may cause said improvements to•be made and special • • assesments for all costs for said improvements will be levied on the property, except any thereof which shall be dedicated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improve- ments, Owner shall have entered into a contract for rough grading of streets included•in the improvements to a finished subgrade elevation. Contractor's performance of the rough work shall be secured by a bond or letter of credit which shall guarantee completion of the rough grading as deter- mined by the City Engineer. The amount of the bond or letter of credit shall be 125% of the cost of rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. ,3Jau C. Submit to the CityEngineer a develoxent plan showing existing Contours, proposed grading, finished elevations, streets, sewer, water and storm sewer preliminary alignment and grades. minimum floor elevations on each lot. drainage ponds, high water elevations, and arrows showing direction of surface drainage. locations of trails, etc. D. Pay to City fees for first two year street lighting (public streets) engineering review, and street signs. VI. A. Owner shall remove all soil, and debris.from; and clean, all streets within, the property at least every two months,'(or" within one week from the date of any request by City), during the period commencing May 1 and ending October 31, of each -year, until such time as such streets and improvements there- in are accepted for ownership and maintenance by City. B. Within 30 days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year) Owner shall sod (secured with a minimum of 2 stakes per roll of sod) that part of the property lying between said curb and a line 3 feet measured perpendicular with the curb orinlieu of said sod,-place a fiber blanket with seed approved by the City (secured with stakes a minimum of 6 feet apart). Either sod or fiber must be placed upon a minimum of 4 inches of topsoil. The topsoil shall be level with the top of the curb at the curb line'and rise x" for each foot from the curb line. Owner shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted for ownership and maintenance by City. Owner shall also sod all drainage swales serving 5 or more lots a minimum distance of 6 feet on either side of the center of the swale. • C. The bond or letter of credit provided in paragraph V. A. hereof shall also guarantee the performance of Owner's obligations under this paragraph VI.' VII. Owner shall file this Agreement with the Register of Deeds or Registrar of Titles and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. • 0. VIII. If Owner fails to proceed in accordance with this Agreement with- in 24 months of the date hereof and provide proof of filing in accordance with item VII. hereof, Owner for itself it successors. and assigns shall not oppose rezoning of said property to Rural. 3►as • • IX. Provisions of this Agreerent shall be binding upon and enforce. Mw able against Owner, its successors. and assigns of the property herein described. X. Owner represents and warrants ft owns fee title to the property free and clear of mortgages. liens and other encumbrances, except: XI. In the event there are or will be constructed on the property, 2 or more streets, and if permanent streets signs have not been installed. Owner shall install temporary street signs in accor- dance with recommendations of the City Building Department, prior to the issuance of any permit to build upon the property. • • • IL • 3aa6 • P i• • CITY OF EDEN PRAIRIE 11/13/78 j SPECIFICATIONS FOR MINI PARKS 1 t I Kt I - Turfgrass area face of e mini A. The yn developer shall ofare the topsoilgoverdtherfinishedasubgrade. Topsoilrk shall supplying t ] shall be of the same quality or better than that of the original site and shall be capable .of supporting a cultured turfgrass. Topsoil shall be raked out to a smooth finish prior to seeding. All rocks of l" and larger shall be removed prior to seeding. B. Turfgrall shall bfellseeded at a rate of 4-5 lbs. per 1,000 sq. ft. Turfgrass mix Park Kentucky Blue Grass 35% • Aquilla Kentucky Clue Grass 15% . Common 85/80 Kentucky d Fescue 25% Blue 25% Ruby Creeping e Variations in turfgrass mix shall be approved by Cwmnunity Services Staff prior to seeding. Planting times shall be April-May, S August 15-September 15, late October, or i. by approval of Community Services • EXHIBIT D 301 r � MEMORANDUM TO Mayor and Council THROUGH : Roger Ulstad, City Manager FROM Roger A. Pauly, City Attorney. . DATE : October 10, 1979 RE Ordinance 79-34 amending Ordinance #176 regulating the moving of buildings Enclosed is retyped Ordinance 79-34 which contains the following changes from the revised form of September 27, 1979: 1. Subparagraph (i), Section 2 relating to land owner I/ consent has been stricken. 2. There has been added to Subparagraph (k) , Section 6 the words "as well as the excavation for the founda- tion", to require securing the excavation with a fence. 3. Sections 10 and 11 relating to time and period of movement have been inserted and former Sections 10, 11 and 12 have been renumbered. At the meeting of the Council held on October 2, 1979, a ques- tion was raised whether the action of the Council in affirming, reversing or modifying the action of the Building Official or the Board of Appeals and Adjustments could be made dependent upon a four-fifths vote of the Council. In my opinion, the ordinance could so provide. See MSA §412.191, Subdivision 2, authorizing the Council to regulate its own procedure. The application of the four-fifths vote would, of course, apply to any action by the Council affirming, reversing or modifying the action of the Building Official or the Board. If such a vote coult not be achieved, the action of the Building Official or the Board would stand without modification. IL 2 M REVISED 9/27/79 AGAIN REVISED 10/10/79 10 HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 79-34 AN ORDINANCE AMENDING ORDINANCE NO. 176, ADOPTED JULY 25, 1972 AND ENTITLED "AN ORDINANCE REGULATING THE MOVING OF BUILDINGS AND PROVIDING A PENALTY" The City Council of the City of Eden Prairie does hereby ordain as follows:. Section 1. Ordinance No. 176, adopted July 25, 1972, and entitled "An Ordinance Regulating the Moving of Buildings and Providing a Penalty" is amended to read: "Section 1. Permit Required. (a) Except as provided in Section 1(b) hereafter, no person shall move, remove, raise or hold up any building within the limits of the City of Eden Prairie ("City'=), without first obtaining a permit from the. City. Person as used herein shall include, but not be limited to, the owner and mover of any such building. (b) No permit shall be required for the movement of any building through the City under all of the following circumstances: (i) The building is being moved from and to points outside the city, (ii) the building is being moved on or over streets or roads not under • the jurisdiction of the City, and (iii) if the building is being moved on a state trunk highway, a permit has been granted therefor by the Minnesota Commissioner of Highways, or if the building is being moved on a highway under the jurisdiction of the a�a9 • Hennepin County Board, a permit has been granted 11 therefor by the Hennepin County Board or County Engineer. Section 2. Application. A person seeking issuance of a permit hereunder shall file an application.for such permit with the City's Building Official in writing, upon forms provided by the Building Official. The application shall include the address and legal description of the land on which the building is situated, and if within the City, to which it is proposed to be moved, the route, including identification of streets or roads over which it is to be moved, the distance, the proposed date of movement, the status of any outstanding taxes and such other information as the City shall require for the determination to $ be made hereunder. The application shall not be accepted for 1 filing unless accompanied by the following: (a) Evidence that all real estate taxes and special assessments against the building and land from which it is to be removed are paid in full. (b) A written statement, bill of sale or other written evidence that the applicant is entitled to move the building. (c) Written evidence of arrangements with all public utility companies whose wires, lamps or poles are required to be removed, for the removal thereof by the applicant. (d) A liability insurance policy or certificate of such insurance issued by an insurance company authorized to do business in the State of Minnesota. The policy shall insure the applicant and the City as an insured in the sum of at least $25,000 for injury to one person, and $50,000 for one accident, -2- 20!) and at least $25,000 property damage, and the policy shall be I/ kept in effect until after the building has been removed. (e) A cash deposit in the sum of $1,000 as an indemnity for any damage which the City may sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire-hydrant or other property of the City, which may be caused by or incidental to the movement of the building in the City, and for any expense incurred by the City pursuant to Section 7 hereof. (f) Payment of a fee in the amount of $250.00 for the permit. (g) If the building is to be located within the City after its movement, a survey by a licensed surveyor of the land to which the building is to be moved, including the location of the building in relation to the boundaries of the land. (h) If the building is to be located within the City, after its movement, photographs of, (i) two or more views of the building to be moved, •(ii) the lot on which the building is to be located, and (iii) the lands, and structures thereon, adjacent to the lot on which the building is to be located. Section 3. Duties of the Building Official. (a) Inspection. Upon receipt of the application accompanied by the fee, deposit, certificate of insurance, statement and information required by Section 2 hereof, the Building Official shall review the application and make such investigation as he shall deem appropriate. He shall also obtain Lthe recommendations of the Director of Public Safety and City Engineer with respect to the streets and roads on which the building may be moved to assure the greatest degree of safety to -3- 31�1 persons and property and to minimize congestion on public Orstreets. Upon completion of his review and investigation, the f' Building Official shall: (i) In those instances in which applicant requests moving a building to a location other than within the City, either deny issuance of a permit if he finds any of the matters set forth in Section 5 hereof, except Subdivision (f) or (g) , or if he does not so find, authorize issuance of a permit or (ii) in all other instances, make his report to the Board of Appeals and Adjustments ("Board"). Section 4. Board of Appeals and Adjustments - Public Hearing. 1111 (a) In those instances in which applicant requests the moving of a building to a location within the City, the Board shall hold a public hearing on whether a permit shall be issued not later than 60 days after the application has been accepted for filing. Notice, including the time, date, place and purpose of the hearing shall be given by publication in the official newspaper of the City and by mailing to the owners of real property situated within 500 feet of the land to which the building is to be moved at least ten days prior to the date of the hearing. Notice containing the same information shall be posted on the property to which the building is to be moved, 1: not less than 30 days prior to the date of the hearing. Failure to give mailed notice or any defect in the notice shall not invalidate the hearing or any proceedings taken thereat. -4- 13� (b) Not later than 5 days after conclusion of the 10 hearing the Board shall either deny issuance of a permit if it finds any of the matters set forth in Section 5 herein or if it does not so find, authorize issuance of a permit. Section 5. Denial of a Permit. Issuance of a permit shall be denied upon a finding of any one of the following: • (a) applicant has not complied with any requirement imposed pursuant to Section 2 hereof; (b) persons or property in the City would be endangered by movement of the building, because it is too large or for any other reason; (c) the building is in such state of deterioration or disrepair or is otherwise so structurally unsafe that it 11 would constitute a danger to persons or property in the City; (d) the building is structurally unsafe or unfit for the purpose for which moved, if the location to which the building is to be moved is in the City; (e) The equipment for moving the building is unsafe • and persons or property would be endangered by its use; (f) the building or its use would not be in compliance with zoning, building or other ordinances of the City, if the location to which the building is to be moved is in the City; (g) if the location to which the building is to be moved is in the City, the building is in substantial variance with either the established or the expected pattern of building development within the neighborhood to which the building is to be moved. Comparative age, bulk, architectural style and quality of construction of both the building to be moved and the buildings • -5- pJI�� existing in the neighborhood shall be considered in determining whether a building is in substantial variance. If the building to be moved is more than ten years older than the oldest building situated on the lands abutting the land to which the building is to be moved, such fact shall be evidence that the building to be moved is in substantial variance. Section 6. Duties of Permit Holder. Persons receiving a permit from the City pursuant to this ordinance shall: (a) Use Designated Streets. Move the building over +. those streets only, which are designated for such use in the 1. permit. (b) Notify of Revised Moving Time. Notify the Building Official in writing of any desired change in the date 11 or times of moving the building from that indicated in the application and conduct moving operations only on the date and at the times designated in the application or approved in writing by the Building Official and notify the Department of Public Safety at least 24 hours prior to commencing movement of the building. (c) Notify of Damage. Notify the Building Official in writing of damage caused to property belonging to the City or any public.utility within 24 hours after the damage or injury has occurred. (d) Display Lights. Cause red lights to be displayed during the night time on each side of the building; while situated on a public street, in such manner as to warn the !: Lpublic of an obstruction, and at all times erect and maintain barricades across such streets as shall be necessary and in such manner as to protect the public from damage or injury by -6- 3R4 reason of the presence, movement or removal of the building. I/ Warning lights with open flames shall not be used. (e) No Parking. Not park the building on any City street at any time during the moving process. (f) Comply with Governing Law. Comply with the o; ij Building Code, the Fire Zone Ordinance, the Zoning Ordinance and all other ordinances and laws. (g) Pay Expense of Officer. Pay the expense of any traffic officer ordered by the City Manager to accompany the movement of the building to protect the public from injury. (h) Clear Old Premises. Remove all rubbish and materials and fill all excavations to existing grade at the original building site, if within the City, so that the premises are left in a safe and sanitary condition. All foundation structures 41 shall be removed to a depth of 18 inches below the finished grade of the earth. _ (i) Remove Service Connections. Cause any sewer lines to be plugged with a concrete stopper, and the water to be shut off if the original building is within the City. The holder of the permit shall notify gas, electric and other utilities to remove their services. • (j) Completion of Remodeling. If the building is relocated in the City, complete within 90 days after removal, all remodeling, additions or repairs as indicated in the application, in any document filed in support thereof, or in any building permit issued in connection therewith. (k) Take all reasonable precautions to secure the building and to reduce danger to any member of the public until the building is set on its foundation and any remodeling, additions or repairs, described in the application, have been 47 completed, including but not limited to, (i) locking all doors and windows; (ii) providing sufficient support or bracing so as to stabilize the building to prevent it or any part thereof from sliding, slipping, falling or moving; and (iii) erecting and maintaining a security fence or wall the base of which shall be no higher than four (4) inches, and the top of which shall be at least four (4) feet, above the surface of the ground and which shall enclose the entire building as well as the excavation for the foundation. Section 7. Liability to City. (a) Holders of Permits Liable for Amounts Exceeding Deposit. The holder or holders of a permit shall be liable jointly and severally for any expenses, damages, or costs paid or incurred by the City as a result of the issuance of a permit or the taking or failure to take any action by the holder or holders of the permit or the City hereunder. (b) Retention of Cash Deposit. The City may take or cause to be taken any of the following actions and may retain so much of the cash deposit necessary to reimburse itself for any costs or expenses incurred as a result thereof: (i) If the City in its sole discretion determines that the premises from which, or to which the building is to be moved, if within the City, or the movement of the building through or within the City is unsafe or constitutes any other unsafe condition, ( the City in its sole discretion may, but shall not be required to, take or cause such action to be taken to eliminate such unsafe condition or conditions as it -8-3134 shall deem appropriate. (ii) If the premises from which the building has been removed are within the City and such premises are left in an unsafe or unsanitary condition or the provisions of this Ordinance with respect to such premises have not been complied with, the City may, but shall not be required, in its sole discretion to take or cause such action to be taken to remedy such unsafe or unsanitary condition and to place the premises in such condition as to be in compliance with this Ordinance. Section 8. Fees and Deposits. (a) Return upon Non-Issuance. Upon denial of a permit, there shall be returned to the applicant all deposits, bonds and insurance policies or certificates therefor. The fee filed with the application for the permit shall not be returned. (b) Return upon Allowance for Expenses. Upon completion of the moving of a building pursuant to a permit, the amount which the applicant has deposited in conjunction with the filing of the application shall be returned to him, less all amounts which any holder of a permit shall or may become liable to the City and which the City may retain pursuant to Section 7(a) hereof. The permit fee paid upon filing of the application shall not be returned. Section 9. Review or Appeal by the Council. (a) The City Council may upon petition of a resident of the City or upon its own motion, elect to review any decision of the Building Official or the Board authorizing or denying issuance of a permit; or the denial of a permit may be appealed by the person who has made application therefor. Election to review must be taken by the City Council by resolution duly adopted, or an appeal must be made by the applicant by filing notice thereof within the City Clerk, within 20 days from the date of denial of or authorization for issuance of a permit. (b) A hearing on the election to review or appeal shall be heard by the Council no later than 30 days after the election to review has been made or notice of appeal has been filed. Review shall be made upon all of the files, documents and records of the proceedings in the matter and the Council may consider such additional evidence as it shall deem appropriate. The Council may affirm, reverse or modify the action of the Building Official or the Board, in accordance with the provisions hereof and may make its action, subject to such conditions as may be appropriate. Section 10. No person shall move any building on any public street or highway within the City at any time other than during the hours of 1:00 a.m. to 5:30 a.m. Section 11. Any person moving a building through the City for which a permit shall not be required shall move such building through the City within a period of no more than seven (7) days. Section 12. Separability. Every section, provision, or part of this ordinance is declared separable from every other section, provision or part, and if any section, provision or part hereof shall be held invalid, it shall not affect any other section, provision or part hereof. Section 13. Penalty. Any person violating or failing to comply with any provision of this ordinance shall upon conviction thereof, be fined not to exceed $500, or be imprisoned not -10- 1 • exceeding 90 days. Each day such violation is committed or permitted to continue shall constitute a separate offense and {` shall be punishable hereunder. Section 14. Effective Date. This ordinance shall take effect and be in force from and after its approval as required • by law. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day • . of _ , 1979. Wolfgang H. Penzel, Mayor (SEAL) ATTEST: John D. Frane, City Clerk Published in the Eden Prairie News on the day of , 1979. Cx j,. • • • To: Mayor and Council From: John Frane Date: October 11, 1979 RE: MIDB-Final approval Kirsch Company - $1,200,000 The ,attached resolution, #79-194, granting approval for the Kirsch Company project has been reviewed and approved by the City Attorney's Office. •• • • j• c 2 Wt►(1 RESOLUTION NO. 7�"/Oy AUTHORIZING THE ISSUANCE AND SALE OF $1, 00,0 6 INDUSTRIAL DEVELOPMENT REVENUE BONDS (KIRSCH COMPANY PROJECT), SERIES 1979, OF THE CITY OF EDEN PRAIRIE, MINNESOTA, TO FINANCE CERTAIN FACILITIES FOR USE BY KIRSCH COMPANY, THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE • EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN SAID COMPANY AND SAID CITY PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS; THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; AND RELATED MATTERS. WHEREAS, the City of Eden Prairie, in Hennepin County, Minnesota (the "City"), is a municipal corporation authorized and empowered by the provisions of the Minnesota Municipal Industrial Development Act, Chapter 474 of the Minnesota Statutes, 'as amended (the "Act"), to issue revenue bonds to finance the cost of the acquisition, construction and improvement of any properties, ILreal or personal, used or useful in connection with a revenue ;I producing enterprise, including an enterprise engaged in manufacturing, processing or distributing any products of agriculture or manufacture; and WHEREAS, Kirsch Company, a Michigan corporation authorized to do business in the State of Minnesota (the "Company"), desires to acquire land and to construct and install thereon a facility for the warehousing and distribution of drapery hardware and related products, to be located near the City (the "Project"); and i. WHEREAS, pursuant to a public hearing duly called and held on July 3, 1979 in compliance with Subdivision 7b of 31Ll! • Section 474.01 of the Act, the City has determined that the ® Project as proposed furthers the purposes stated in Section 474.01 of the Act, and that it is advisable to finance.the costs of said Project for use by the Company; and WHEREAS, it is proposed to finance the cost of the Project through the issuance of Industrial Development Revenue Bonds (Kirsch Company Project), Series 1979, of the City dated the date of issue, in the aggregate principal amount of $1,200,000 (the "Bonds") and the loan of the proceeds thereof to the Company; and WHEREAS, a Loan Agreement, to be dated as of July 1, 1979 (the "Loan Agreement") with respect to the Project will be executed by and between the Company and the City, whereby the 41 Company will covenant and agree (i) to make installment payments evidenced by Notes of the Company to be issued under the Loan • Agreement, sufficient to provide for the payment of principal of, premium, if any, and interest on the Bonds, as and when the same become due and payable and (ii) to make such other payments and satisfy such other obligations as may be required by the Act; and WHEREAS, the Bonds will be issued under and pursuant to, and are to be secured by, an Indenture of Trust, to be dated as of July 1, 1979 (the "Indenture") by and between the City and Northwestern National Bank of Minneapolis, as Trustee; and WHEREAS, it is proposed to sell the Bonds to The Aetna Casualty and Surety Company (the "Purchaser"), pursuant to a Bond Purchase Agreement, to be dated as of July 1, 1979 (the "Bond • Purchase Agreement"), among the City, the Company and the Purchaser; • _2_ • 3I10_ NOW, THEREFORE, The City of Eden Prairie, does resolve: Section 1. That the City hereby makes the following findings: (a) The City is duly organized and existing under the Constitution and the laws of the State of Minnesota and is authorized to issue the Bonds in accordance with the Act. (b) No officer of the City or member of the City Council of the City has any pecuniary interest, direct or indirect, in any contract, employment, lease, purchase or sale made or to be made in connection with the transactions contemplated by the Bond Purchase Agreement, the Loan Agreement or-the S- Indenture. (c) The execution and delivery of the Bond Purchase Agreement, the Loan Agreement, the Indenture and the Bonds will not conflict with, or constitute on the part of the City a breach of, or a default under, any existing agreement, indenture, mortgage, lease or other instrument to which the City is subject or is a party or by which it is bound; provided, that this finding is made solely for the purpose of estopping the City from denying the validity of the Bonds, the Bond Purchase Agreement, the Loan Agreement or the Indenture by reason of the existence of any facts contrary to this finding. -3- 3!t(3 (d) All acts and things required under the Constitution and the laws of the State of Minnesota to make the Bonds, the Bond Purchase Agreement, the Loan Agreement and the Indenture the valid and binding obligations of the City in accordance with their terms have been done; provided, that this finding is made solely for the purpose of estopping the City from .. denying the validity of the Bonds, the Bond Purchase Agreement, the Loan Agreement or the Indenture by reason of the existence of any facts contrary to this finding. Section 2. That, in order to finance the cost of the Project, the Bonds be and the same are hereby authorized and ordered to be issued pursuant to the Indenture in substantially the 41 form attached hereto as Exhibit A and containing substantially the terms and provisions set forth therein. The Bonds shall bear interest at the rate of 7.625% per annum, payable semiannually on January 26 and July 26 in each year, and expressed to mature in 16 annual installments each in the amount of $75,000 payable on July 26 in each of the years 1989 through 2004, inclusive. The forms, terms and provisions of the Bonds and the Indenture are hereby approved, and the Mayor, the City Manager and the City Clerk are hereby authorized and directed to execute, attest, seal and deliver the Indenture, and the Mayor, the City Manager and the City Clerk are hereby authorized and directed to execute, attest,_ seal and deliver the Bonds in the form set forth in the Indenture to the Purchaser upon payment of the Purchase Price set forth in the Bond Purchase Agreement. -4- 31U1,1 Section 3. That the City lend the proceeds of the Bonds to the Company to defray the cost of the Project, pursuant to the Loan Agreement in substantially the form attached hereto as �I Exhibit B and containing substantially the terms and provisions (including repayment provisions) set forth therein. The form, terms and provisions of the Loan Agreement are hereby approved, and the f; Mayer, the City Manager.and"the' City Clerk are hereby authorized ' +! and directed to execute, attest, seal and deliver the Loan Agree'er... . Section 4. That the sale of the Bonds to the Purchaser pursuant to the Bond Purchase Agreement, in substantially the form attached hereto as Exhibit C and containing substantially the terms and provisions set forth therein, is hereby authorized, approved and confirmed, and the form, terms and provisions of the Bond Purchase Agreement are hereby approved. The Mayor, the City Manager and the City Clerk are hereby authorized and directed to accept the Bond Purchase Agreement on behalf of the City by executing the same and delivering a copy thereof to the { Purchaser. Section 2. That. the Mayor, the City Manager and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all other instruments, certificates and documents, file all notices, obtain all appropriate waivers, and do any and all things deemed necessary to effect the issuance and sale of the Bonds and the execution and delivery of the Loan Agreement, the Indenture and the Bond Purchase Agreement, and to -5- L carry out the intent and purposes of this resolution, including the preamble hereto, and in particular to require the Company to furnish to the Department of Economic Development the information required by Chapter 474.01, Subdivision 8 of the Act. Section 6. That the provisions of this resolution are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such • declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Introduced, read by title and passed , 1979. Filed and attested: , 1979. City Manager • Approved by me this day of , 1979. Mayor Attest: City Manager l -6- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-195 BE IT RESOLVED BY the City Council of the City of Eden Prairie, the following persons have agreed to serve as election judges and are appointed for the Park Bond Referendum, November 15, 1979. *Indicates Precinct Chairpersons. PRECINCT I KING OF GLORY LUTHERAN CHURCH *Loretta Elliason 16920 So. Shore Lane 934-3060 Cheryl Glisczinski 7152 Ticonderoga Trail 934-2195 Rosemary Dysinger 15613 No. Lund Road 934-9076 Lorraine Raths 16960 So. Shore Lane 934-2224 Dorothy Ktien 15701 No. Lund Road 934-9124 PRECINCT II IMMANUEL LUTHERAN CHURCH *Sue Lane 6961 Alpine Trail 937-1669 Mary Upton 16163 Edenwood Drive 937-2938 Kathy Koski 7664 Superior Terrace - 937-8754 Gretta 2umburge 16060 Alpine Way 937-2946 Vi Johnson 16176 Edenwood Drive 937-2848 PRECINCT III FOREST HILL ELEMENTARY SCHOOL *Doris Johnson 14315 Crown Drive 937-2287 Joanne Carlin 6890 Canterbury Drive 937-8828 Jean Tangen 7032 Willow Creek Road 941-5299 Ruth Mital 12762 Gordon Drive 944-3481 Carolyn McNulty 6715 Kingston Drive 937-1649 PRECINCT IV UNITED METHODIST CHURCH *Ginny Gibson 15737 Cedar Ridge Road 937-1374 Virginia Gartner 15701 Cedar Ridge Road 937-1595 Shirley Jellison 9560 Highview Drive 445-2650 Evelyn Rogers 9100 Eden Prairie Road 937-2992 Margie Woodhouse 9520 Lakeland Drive 445-1428 PRECINCT V EDEN PRAIRIE PRESBYTERIAN CHURCH *Sharon Lynch 11426 Leona Road 941-2792 Barbara Vanderploeg 8735 Leeward Circle 941-5363 Adeline M. Bramwell 14329 Fairway Drive 937-8987 Ruth Charchain 10960 Northmark Drive 941-5005 Margaret Kruger 14311 Fairway Drive 937-8261 . Resolution No. 79-195 Page two PRECINCT VI ' SO. SUBURBAN HENN. CO. 90-TECH *Mildred Clark 8779 Basswood Road 941-3269 Maria Zuchristians 9125 Neill Lake Road 941-5022 Marion Nesbitt 8701 Black Maple Drive 941-2387 Jean Reichow 10501 Pioneer Trail 941-4052 Joy Brekke 10091 Homeward Hills 941-4547 COUNTING UNTEH EDEN PRAIRIE CITY BALL • Perry Forester 9505 Highview Drive 445-4186 Ann Gay Parker 16191 So. Hillorest Court 937-8888 ADOPTED this 16th day of October, 1979. • Wolfgang H. Penzel, Mayor SEAL ATTEST: John D. Frane, City Clerk MEMORANDUM TO: Mayor and City Coucnil FROM: Bob Lambert, Director of Community Services 'R ' DATE: October 11, 1979 iI SUBJECT: Round Lake Water Quality Report • In 1977, the City of Eden Prairie and the Riley/Purgatory Creek Watershed District requested Barr Engineering to complete a Comprehensive Water Quality • Study of Round Lake. The purpose of the study was to: 1. Determine the impact of watershed activities on water quality and nutrient loadings to the lake. 2. Determine the influence of in-lake conditions on water quality. 3. Evaluate the potential impact of future watershed land uses on water quality. 4. Identify and recommend suitable water quality management techniques. • (! In the executive summary, found at the beginning of the report, information concerning the lake level, water transparency, temperatures, principal sources of phosphorus, fish population, etc. are summarized, as well as recommended techniques to obtain the most desirable water quality for Round Lake. These techniques include the following: 1. The fish population should be restructured to favor the survival of zooplankton organism. Specifically, it is recommended that the sunfish and crappie population be reduced by introducing predator fish or by • poisoning the lake and restocking it with a more diversified fish population. • Staff Comment: • The staff had several discussions with Mr. Duane Shodeen, Region VI Fisheries Division of the Department of Natural Resources, concerning this report. This operation would have to be supervised by Mr. Shodeen and he is very interested in this proposed management plan and is willing to participate in the program . Mr. Donald Farb, Barr Engineering, indicated that by poisoning the lake and restocking it, the effect on the lake would be immediate, and he felt the City would have a better chance of achieving the proper fish population. Mr. Shodeen agrees that treating the lake is the only sure method of achieving a balanced fish population. He also indicated that a local education program is necessary to discourage residents from stocking the lake on their own. Recently, crappies and bullheads have appeared in large numbers. These had to have been introduced by unauthorized sources. 3w? .2. The lake must be stratified (equal temperature from surface to bottom) when treating. This occurs in late October or early November. The DNA must wait 3-4 weeks after treating to restock the lake, therefore the earlier the treating can take place the better the chance of stocking in the fall. The DNR could plan on treating and restocking the lake in the fall of 1980 if the Council approved this program. The DNR would have to work with the individuals that completed the report to schedule the numbers and species of fish for restocking. 2. Watershed runoff should be restored to permit settling of suspended materials containing phosphorus. Local governmental agencies should also implement programs to encourage good fertilizing practices and remove debris and litter from the streets and parking lots in..the watershed on a regular basis. Staff Comment: As development occurs to the south and west of Round Lake Park settling ponds are being required to permit settling of of suspended materials containing phosphorus. The area to the north and northeast has been farmed for many years. As this area is now being developed as the high school site and the expansion of Round Lake Park facilities runoff will also be controlled through . • sedimentation ponds, and fertilization practices will be controlled. 3. Current-producing devices to control nuisance organisms at the beach 6 should be installed to help dissipate occasional algal blooms. Staff Comment: • This has not been a problem in the last two years, and staff does not consider this a necessary option at this time. 4. The lake level should be maintained by adding air-conditioning discharge water from the proposed high school. Inasmuch as the air-conditioning water has low nutrient (phosphorus) concentrations, the discharge will also help to dilute the phosphorus levels in Round Lake. The new high school has included this proposal in their air-conditioning discharge plan. As is indicated in the staff comments, recommendations numbers two and four are already being implemented and staff does not consider number 3 necessary at the present time. Therefore. the most significant recommendation that is yet to be addressed is the recommendation concerning fish population control. Staff concurs with the report regarding treating the lake and restocking. and recommends the Council consider entering into a management program that would include this action in October of 1980, plus annual follow-up beginning in 1981 to determine the affect of the actions taken. RL:md 3�(Y i• MEMORANDUM •( TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Robert A. Lambert, Director of Community Services PROM: Stuart A. Fox, Resident Manager S¢ • DATE: October 11, 1979 SUBJECT: Bids for Removal of Milkovich House (9561 Timber Trail) • The City acquired the Milkovich house at 9561 Timber Trail. The City advertised and received bids for the removal of the house on or before December 15, 1979. The bids received were: Allan G. Czanstowski Delano, Minn. $10,101.00 Mark A. Sass Shorewood, Minn. $15,247.00 Ernst Machinery $ Minneapolis, Minn. $10,537.00 House Movers All bids included 10% bid security. The staff recommends that the bid be awarded to Mark A. Sass for $15,247.00. SAF:md • MEMORANDUM . TO: Mayor and City Council Parks, Recreation and Natural Resources Commission PROM: Bob Lambert, Director of Community Services-k-- DATE: October 11, 1979 Y' SUBJECT: Amendment to Joint Powers Agreement/Round Lake Park (ballfields) The School District Attorney reviewed the previously drafted Joint Powers Agreement and has made two revisions. The first one deals with the language referring to the liability insurance. I have checked with our insurance agent, Mr. Skip Lane, regarding the language proposed. He has no problem • with it. The other addition was paragraph i e regarding major repairs and improvements. This simply states that the School District and the City agree to discuss the needs for any capital improvements or major repairs to the ballfields, and to further discuss how those repairs or improvements will-be paid. City staff has no problem with either of these changes to the Joint Powers Agreement and recommends approval. BL:md 3/5O • • Nip 5/5-0955 �l LAW Orr1ONN LAND. PAULY & DREDERDON. LTO. It 4105 ION DLNTCR MINNCAPOLH.MINN55OTA 55402 • NW[RT i.LAMP ROOM A.•AOLT DAYID N.ORCOSRRON N.TNONAN 1111MCN2.JN. >; r.ROEOw LAWR October 5 1979 NNOt J.�ROO WNO I Mr. Robert Lambert • City of Eden Prairie • • 8950 Eden Prairie Road Eden Prairie, MN 55344 • • • Re: Joint Powers Agreement - Ball Parks Dear Bob; Enclosed you will find a revised draft of the Amendment to Joint Powers Agreement regarding the ball parks sites to be • shared by the City and the school district. The school district attorney has changed Section 1(c) by eliminating the indemnifi- cation provisions and providing that each party shall name the other party as an additional insured on its policies. Paragraph 1(e) has been added to the agreement modifying what lass previously provided as to major repairs and improvements. I have no objection to the changes made by the school • district's attorney. However, I point out that there may be a charge for naming the school district as an additional name insured on the City's liability insurance policies. I spoke with Skip Lane, the City's insurance agent, regarding this, but he was not able to answer whether in fact a charge would be incurred but thought that if there was a charge it would be minimal. I suggest that you or Roger Ulstad discuss this point again with him prior to submitting the agreement to the Council. Very truly yours, LANG, P . AND ' • ERSON, LTD. • B /, t( • c and Rosow • • 3/ AMENDMENT TO JOINT POWERS AGREEMENT 11 WHEREAS, the City of Eden Prairie, Hennepin County, Minnesota, 1. Municipal Corporation (hereinafter called "City") and Independent School District No. 272, a Public School Corporation, Hennepin County, Minnesota (hereinafter called "District") have previously • executed a Memorandum of Understanding dated January 28, 1969, (attached hereto as Exhibit A and incorporated herein by reference), • a Joint Powers Agreement dated May 9, 1972 (attached hereto as Exhibit B and incorporated herein by reference) and a Joint Resolution dated September 16, 1976 (attached hereto as Exhibit C and incorporated herein by.reference) all relative to the acquisition, development, programming and maintenance of school and park sites in the vicinity of Round Lake in the City of Eden Prairie; and, 4 WHEREAS, District has, pursuant to the provisions of Exhibits A, B, and C, conveyed to the City by quit claim deed (attached hereto as Exhibit D and incorporated herein by reference) a parcel of property for development into a public park and recreational area; and, WHEREAS, it has been broughtto the attention of the parties that two baseball fields proposed for the park-recreation site are partially located upon land retained by the District pursuant to the provisions of Exhibits A, B, and C; and WHEREAS, the parties have been informed that final approval of financial assistance for which the City has applied for the development of the site under Title 16 U.S. Code Section 4601, the Land and Water Conservation Act, has been withheld pending elimination of the ball fields, movement of the ball fields so that they are wholly on City property, or execution of an agreement 3152 III between the parties assuring public access to and use of the base- II! A. irball fields as presently planned and located; and, WHEREAS, movement of the baseball fields is not possible ' ''A because of the previously planned allocation of City park land; j and, • WHEREAS, the parties hereto desire that the ball fields in question be operated as they are presently planned to be-located and not be abandoned. • Now, therefore, it is hereby agreed by and between the parties as follows: j 1) That the Joint Powers Agreement dated May 9, 1972, and attached hereto and incorporated herein as Exhibit B is hereby • • amended by the parties in the following respect: a) The City may, at its own expense, erect, construct, • maintain and manage two (2) ball fields on the following A described district property at the Round Lake Site: I I That part of the North half of Section 8, ( Township 116 North, Range 22 West, Hennepin County, Minnesota, described as follows: Commencing at the East Quarter corner of said Section 8; thence on an assumed bearing of West along the south line of said North half of Section 8 a distance of 1666.07 feed; thence continuing on a bearing of West along said South line of the North half of Section 8 a distance of 2309.74 feet to the Southwest corner of the Southeast Quarter of the Northwest Quarter of Section 8; thence North 2 degrees 45 minutes 21 seconds West along the West line of said Southeast Quarter of the Northwest Quarter of Section 8 a distance of 654.29 feet; thence South 55 degrees 37 minutes 52 seconds East 184.26 feet to a tanential curve concave to the North having a radius of 560.00 feet a central angle of 54 degrees 00 minutes 00 seconds and an arc length of 527.79 feet; thence Easterly along a reverse curve concave to the South having a radius of 1010 feet a central angle of 38 degrees 00 minutes 00 seconds and an arc of 669.86 feet to the West • .3153 1`t line of the Northeast Quarter of Section 8; thence North 2 degrees 27 minutes 52 minutes 52 seconds West along said West line of the Northeast Quarter Section 8 a distance of 507.55 feet to the actual point of beginning of the tract to be described; thence continuing 350.0 feet along the last described line; thence Easterly 1050.0 feet on a line parallel with the South line of the North half of Section 8; thence Southerly 350.0 feet on a line parallel with the West right-of-way line of C.S.A.H. 4 according to the recorded plat thereof, thence Westerly to the point.of beginning. b) Title to said property shall remain in the District and the City shall acquire no interest in the land by the erection, construction, maintenance or management of said ball fields. • c) Liability: Liability Insurance: Each party shall • carry, at its own expense, comprehensive liability insurance covering its potential liability under this section and naming the other party as an additional named insured with personal injury limits of not less than One Hundred Thousand Dollars ($100,000) per person and Three Hundred Thousand Dollars ($300,000) per occurrence and property damage limits of Twenty Five Thousand Dollars ($25,000) per occurrence and Fifty Thousand Dollars ($50,000) aggregate, or such other limits as may from time to time be required under the pro- visions of Minnesota Statutes 466.04 and any amendments thereto. d) Maintenance: The City shall be responsible, at its own expense, for regular mowing and all maintenance of the two • ball fields located partially on City property and partially on school property. Provided, however, that any additional 5154 • • maintenance or care required by the School District because of specific games or events which is in excess of that normally provided by the City shall be the responsibility of the School District. e) Major Repairs and Improvements: The parties agree to meet and discuss the need for any capital improvements or major repairs to the ball fields and to further discuss the means by which such repairs or improvements ::hall be paid. f) The City and the District shall name representatives for the purpose of coordinating joint use of the facilities and matters of detail in carrying out this agreement. Each party will conduct its own programs to the extent it wishes to do so, having due regard for the fact that education 411 purposes must be first on all school properties. 2) Except as specifically amended herein the Joint Powers Agreement by the City and District dated May 9, 1972, and attached hereto as Exhibit B and incorporated herein by reference remains in full force and effect. Dated: • City of Eden Prairie Independent School District No. 272 by: by: Its Mayor Its Chairman by: by: Its Clerk Its Clerk d by: Its Manager 3t5‘ t „ i •,. • I 1•, • , • yr �. t cdtui2AX"..r:'' Cf •.•_.I\.S 0 Tns Memorandum relates to the senora' u:derstnnc:r.3 octe:ean tr :=44 ?,a;rd of independent School District No., ' s tna Viii4Se Co..nci. of V of _ e„ Prairiereyart my property c0:Sistin of approximately 76 :r:. ,,: - ^or•.. • • of ,,46# ; srra erne.: by one Tuoct and GescriDed as fol ices: SE It. of X7 i/:. and SW Ll:. Of KS :/.., Section S. To.nshir ..v, i_:. :2, tying South of Town Road. It is underatoac between the parries: i. That this entire tract consisting'Of aprrczi.-ately 76 Acre. i. -•;n' purchased both for Scnool ant vi:iaye purposes. 2. That the School oriC,inally eont,:•npiates purcnasir, asprc:.:aa-..'/ j.5 Acre:, of saio property for its use, . i The 9• the school h:vinr., xr.oaleCfe of ter Vil:r e'S interO•.• ' . t%., f reeaincer of the property, int;catcd to the Villase it k'ou.c •':-..'* 41 the who'e tract in its once as it .o desire;; that ire 't::.. e . action January IL, 1969 approved the acquisition of said t.:n. :%y .,, the School on its behalf. t • 1+. t' the urchase, the Vitlace will ports••-= . •' `+ Thar upon completion rot of p puc,:c-en:• portion of the tract when the boundaries between the two are more capable of being ascerteined. 5. That it ;s the feeiin; of the Schoor hoard that by their so`c;:C' reel co not want to be prej.ditet by pay;ry an extra price for area they wools not have norz,elly psrc`ascw, navity in r..no .1:c . near the le.ce.hore is very apt to be core valuable. cp for toe orep.•rty The Scrod. retains after the c:v:s'en, •• !• 6. That 'btu t:.an ;2V.J.G: per Acre for excn acre ;t re: . paydifference no . .; r cnnse :. . . d;ffcrenCc oetaeen tint ar..eur.: ;,no as te: 7u -t..• •• ••� �-• paid for by the Village; tone t:c cest to br 7ei. to j cost paid to too seller end the approximate civ:aio: is to = •.'. •cr`, to the Saner)! and 3; Acres to trs viitase. 7. Tnat a:thouoh the School is to p..rcnese the property :...a it •. `v ,•. of the coney, the Vi:IaCC wit, ri:ir.:.urt:e it upon Sett::.y �n• . is ihterastaw in and, .. in any event, no hater Lion ...y i. i:'. 8. That the parties ar.ree that as soon as the p.renase nos :. .`:'..-'..-., they wiii o:r.t:y a;ree on a pienner for tre ceve.o,.yntt..o., ...• =ehcr hevirr, in mind the uirirate oivls:cn of the property � and Municipal yovern«.entai unit;; and r...vi`e in mine f:.r tr.- •• - ... portion of this may very well oc a loin.: yii,ere-Sch o. ;cr._- _• ro .: errar.Secant. ^ , lr.GeCe+dfn- Sc.ao• 3is'r?t. 's. :Thee,: •.�� 1 i• • • ACP, t: EENT This Agreement executed on the 9714 day of n47 , 1972,, by and between the Village of Eden Prairie, a municipal corporation. • Hennepin County, Minnesota, party of the first part (hereinaftor called "Village"), and Independent School District No. 272, ..-p: lip corporation, Hennepin County, 4innesota, party of the socon. part (hereinafter called "District"); WITNESS'S:EH that • WHEREAS, Village and District desire to cooperate in the ec n:- • sition, development, prcgranning and maintenance of the pr':=.sad Round Lake High School-Park in Eden Prairie, Minnesota; anG • WHEREAS, the parties are generally agreed on the type of c'.u- sirable joint development of said property and on the erpr.:.•atnre of funds in connection therewith and the mechanics whereby each development shall occur; and . WHEREAS, the parties desire to reduce their general unf r- I standing in the promises to writing; NOW, THEREFORE, IT IS HEREBY AGREED AS r OLLO=1: 1. Village and District shall cooperate in the accluir•'•Lic•z, development, programming and maintenance of the School-Par:. lane:, pursuant to Sections 471.15 - 471.19, inclusive, and Section Minnesota Statutes, and all other applicable statutes and r::,ere4e and implied powers of the parties. The powers and respons:).iitie: with respect to such joint endeavor shall he exercised b, through its Village Council and District through its Schap: »ci. 2. The land to h., need in such joint entarpriso, tit:. no • i ar:..... it pr_.._n ly in a'' ninttirt, conch;ci.i.•i o! .•r/rcxi- t :cly 110 r1.:t .u:.. .4 i.. ia•:ln :: t'au:.t.y. r:snn;..:o ... is -:, .. t :a;lea::: : 315/ • I • . • -2- • Thu Southeast 1/4 of the Northwest 1/4 of Sec- tion S, Township 116 North, Mango 22 West of the Fifth Principal Nt,r.idi.an. Also that part of the Southw.e::t 1/4 of Northeast 1/4 of Sec- . tion 8. Township 116 North, Range 22 West of • the Fifth Principal Meridian, described au fal- low,: Ce::.:a.:nc:inj at a point in.the Mast line . of said Southsne:,t 1/4 of Northeast 1/4, 84 feet South from the Northeast cornu,r theeuof; thcnco South to the Southeast corner of said Southwest 1/4 of Northeast 1/4; thence West to Southwest corner of said Southwcst 1/4 of northeast 1/4; thence North to the Northwest corner of said . Southwest 1/4 of Northeast 1/4; thence East • along the North line thereof to a point distant • 600 foot West from the Northeast corner, of said Southwest 1/4 of Northeast 1/4; thence South • - easterly in a straight lino to the place of be- • ginning, except that part lying within the North 660 foot of the South 1387 foot of the Host 1/2 of the Northeast 1/4 of Section 8, Township 116 North,' Range 22 West, lying East of County Road No. 4; . • • . •ALSO . . That part of the following described property j lying West of the center lino of county Rood No. 4 and South of the Westerly ottanoion of the ? canter lino of North Hillcrest Court (as laid out and platted in Hillcrest Courts). • • That portion of the Southwest Quarter of North- east Quarter of Sec. 8 and of Government Lot Two, Section 8, Township 116, Rangy 22 described as follows to-wit: Beginning at the Southwest corner of the Northwcst Quarter of the Northeast • • Quarter of said Suction 8, thence North along the West lino of said quarter-quarto:MI foot more • or less to the Southeasterly lino of the present right of way of the Chicago, Milwaukee reed St. • Paul Railroad Company, thence Northeasterly along said latter line to an extension Northward of the East line of said Lot 2, being the center line of County Road No. 4, thence South along said canter line 1690 foot more or leas to a point which is 84 foot South along said line from the North:,ant corner of the Sout7 a:_ Ou:, tar of the Narthoa,st: thu.rter of s:.id Section 8, thence ,Northwesterly 6d6 feat tttoru or, leas to a point in • the North lino of said quarter-quarter which is G00 foot toast along said line from raid corner, • thane Host along the North lino of said quarter- gt:artar boinq the south lino of said Lot 2, to • the point o:: boginatng. ALSO • :hat. oar:: of t.:t,s N.srtta:aut 1/4 of the• Northwest 1/4, saotics. ::, 'awn::hip 116, Ic.utgt: 22, Ili n.t • 6enta o: ::h,' r:.%:::,rrly ::tenjiau o: the cs•at,e • lit:.: of north ::i ll:r.:::t Court (as laid out awl platt.t: in tlillere:.c Cou. e;) and Cooth of Lys • rir:ht of w.. t: y o: the Chicago, Milu•.ukee and ::t. Paul uoilro..d Castip.tay. • 315i • the above-described land is tho subject of a prior agrceunt dated January 28, 1969, which, insofar as it.is presently applicable, is incorporated herein and made a part hereof by reference. If any part of the Round Lake School site is used for playground or park • purposes, both parties recognize that the District is required by law (14.S. Section 471.19) to use said property prioarily for school puproses and related activities, and the use of said property for recreational purposes must be of a secondary nature. The land owned by Village will be made available to the District for the purpose of accomodating its educational program except to,the extent that • such use would conflict with the use limitations imposed on such lands under the provisions of the Federal, State and County grants.utilized by the Village to assist in their acquisition. 3. At such time as Village and District arrive at an agreement relative to the allocation of said land to the respective governmental units, it is understood and agreed that District will require eighty- five(85) acres.of usable land for school purposes, although this is not intended to limit District's interest in said land to eighty-five (85) acres. 4. Acquisition and D:velonment. Subject to the foregoing, the parties will acquire and develop the School-Park site pursuant to this j Agreement and a plan jointly approved by them and the cost of such acc;.+i- sition and development shall be divided as follows: A. The cost of the raw land allocated to District stall not exceed Two Thousand eailars W.Gau.OJ) per acre on ;.i+. lehl kw+w., as the Tuedt property (south of West 72nd Street) and shall not exceed One 114usand Nine hundred Fifty Dollar: (51.950.00) per acre on the • land known ..s thz tu:.eeree p:uperty (forth er Nett 7Z.d Street). The cost to Village shall he the original cost of all the property less the cost o: that lent allocated to Dist:let. Village shall also reia.urse District for the cost of legal fees, appraisals. surveys, soil te•.ts, and other expenses incidental to the acquisition of said land in prup- S14,' ortion to the amount of tarns allocated to • n • -4- • , Village. Adjustments shall be mado as of tho data of the con- voyanco of park land to Village. . D. District shall pay thacost of a normal amount'oUplay- ground and athletic field equipment selected by District and customarily provided 'at a school cite of this size and typo. The Village shall pay the cost of all additional playground an_ • park equipment. Title to said equipment shall bo and remain is • tho party providing such equipment, regardless of the location • of said equipment. • • C. District shall pay tho cost of blacktopping the normal . amount of playground, parking area and sidewalk for a school of this size and type. Additional blacktopping for playground, • parking purposes.and sidewalks, if needed, shall be paid for • • by Village. • . 5. Maintenanco.• Each party shall bear the cost of mowing, 11/ • watering, fertilizing, turf care and maintenance of blacktopping upon its own acreage. . • 6. Programming. Village and District shall name raprecanta- • tives for the purpose of coordinating joint use of the facilitio4 and matters of detail in.carrying out this Agreement. Each p.trt•_ will conduct its own programs to the extent it wishes to dose, having due regard for the fact that educational purpo.:ou Must i•a served first on all school properties. 7. Dv-each. Failure on the part of either Dir.t:rict or rillega to fully at:aa»a and discharge their respective abligaatioan this Agree ant shall constitute a breach of the Agreement for which the wroa;^d party m•:y sack appropriate re:.edy or remedies in a . wars of law. U. lain;:^hc;:ieo ur: S. .ad.:l:tion. In the event Ciet Ciaia.i party de.,ira to totally abandon it:: uae of t:a: :school-,'.a:4 property, the remaining party shell here the option Le puareha::., .3f`0 • • • the departing party's interest in said property at the,then fair market value as determined by independent appraisal. ' • The interest of a departing party shall be transferred to, and paid.for by, the rer.aiainq party within nix (G) months of the date of receipt of written notice of a departing party's intention • to abandon its use of said property. Upon such transfer and pay- ment, all right, title and interest of a departing party in 614 - • to said property and all rights and obligations under this Ze reo-, meat shall cease and be terminated. • 9. This agreement shall be binding upon both parties, their successors and assigns, and shall continue for so long as the parties shall own said property or until further agreement by and between the parties. • Signed and sealed on the day first above written. • Witnessoth: VILL�G '`r Ep A. r:1"l5 I " �4,rd Fixes,.� _ is t::i / .. . r r""— ✓ -Its Manager 9 4 to, I3IA.�' `Sa::�'S .:C�UO', DISY:ti!^-::Oa-aS72... ////((// •, ei. C:hairi.an •'� It& C rn: • • • 31LI • JOINT RESOLUTION OF THE EDEN PRAIRIE COUNCIL AND TIT BOARD OF EDUCATION FOR SCHOOL DISTRILI 272 CONCERNING THE SITE DEVELOPMENT AT ROUND LAKE • WHEREAS, the 1968 Comprehensive Plan for the City of Eden Prairie showed a joint school-park site at the Round Lake location; and WHEREAS, the City dnd School District each proceeded to implement the concept of the joint facility at Round Lake; and WHEREAS, the City did apply for and receive Land and Conservation Funds (CANON) for the purchase of land at the site; and • WIitREAS, both-the•C-ity and District did acquire land at this site • individually and collectively so as to be able to implement the cooperative facility concept; and WHEREAS, the two agencies have jointly developed tennis courts at the site and are jointly utilizing the site for recreational and educational purposes; and WHEREAS, the School District will propose a Bond Issue Referendum in 1976 for the first phase construction of a High School Complex at the site; and .WHEREAS, the School District will include in their Bond Issue a community sainting facility to be operated by the City under a separate joint agreement; NOii, THEREFORE, BE IT RESOLVED; • 1. That the extension of Valley View Road through the site will be located in a northerly alignment suitable to both parties and minimizing the adverse affects on the school site development and the park development. 2. It is the intent to use 72nd Street as a temporary road. 3. The City will proceed with its 1<<77 LAWCO!I (rant Application for park development. which application is entirely censistent with the School's plan as well as the City's for the joint development of the Round Lake site. ADOPTED, by the City of Eden Prairie and School District 272 this 16th day of September, 1976. 04°44e, lir P azel, I..syur • 1 l C�.�'• %•• tit Paul E.Mono,School ik'.ihd CI:Arvin •3162 • ljif 3ttbtttttift,.11ndethis_..... ._._..._._ .--__dayef_w razor....._. - { • 1hree+.ac .__Ind. epenteat...5chQ0i iiStrigt °2.7.2.e..4_p.ublic....ic?1oA1 • A enlnrration nadir the lugs of the State of.....__MLIIII•Ohl t..p ...__.,.--,party of Ow Ant part,and _.._.._.___._...Thn...Ci.ty....of...:Eden...Prairie,_a-municipal._.___. » _ ,- a corponttion under the lawn of the State of_....MianesotA___........._. ._...____ party of the ovens;Pori. Ibititntd5ttb, That the said party of the first part,in eon.ehkrattow of the runt of One_DQ11ar..and..other._Gmtail...end an,lust,].cc,ns c?erallen...(t1.,0o --.DOLI.J.C.£ b U in hand paid by the said party of the second part,the reeetpt whereof is hereby Se.auoted:,d. does hereby Grout, l;argahe, Quitclaim, and Convey ante the said party of the assent pan, its ~wow and assigns,Forever,all the traet_.........,or parai._.._of land lytnd and brand to the County 4),..--..---.-11e.nnepie..—_.._._and State of Nimes**.deecribed as fetters.to-wdtr That part of the Northeast Quarter of Section 9, Township 116 North, Range 22 West, Hennepin County, Minnesota, describe' as follows: , Commencing at the East Quarter Corner of said Section Sr thence on an assumed bearing of West along the South lino • of said Northeast Quarter 1416.07 feet to a point on the West right of way line of C.S.A.11. No. 4 according to the I recorded plat thereof, said point being the actual point of beginning of the Tract to be described; thence contin- •• uing West on said South line of the Northeast Quarter 250.00 i feet; thence North 3 degrees 9 minutes 55 seconds meat parallel w with said West right of way line of C.S.A.H. No. 4 a distance of 400.00 feet; thence on a bearing of East parallel with said South line of the Northeast Quarter 250.00 feet to said ares right of way line of C.S.A.H. No. 4; thence South 3 degrees 9 minutes 55 seconds East along said West right of way lint of C.S.A.H. No. 4 a distance of 400.00 feet to the actual point of beginning. This Tract contains 2.29 acres of land and is subject to any and all easements of record. i to Oat out to)both Ibt tkame.Together with all the hereditaenents and appureer:-ea Men- unto belonging or in anywise sppertaioing,to the wad party of the mond part,its steamers and aedgas Forever. i o--.--„, Merest trest The said list party ha.eJtued mew preemiee be aaeaied in its corporate name by tls-Ci_airr.aa_. I ksed;ltne a..Clerk...__.._. ..and its eerp-.Is mu;to be hereunto off the day and year fins oboes aorta*. INDErtuoitwr sjiy, DI Tit;CT._t .3. — . . _— _ �i f. .. w • p1Paui-Enb - Chairs h \ • Conwea Hiedlctcue, ►,mot: �t �...__....._ . . t % �'�4 • c, 5./es' . Ztatt of 1-Clituttota, • ligaya, Hennepin ....... " The foregoing instrument was erknorektiged before me this day of by Fatil...Er.blnai....C110 man 04.,of OM.or Airul.Tido of Onkel or Apron and by...e.artaua.Middlaton.,...Clark oh,. Tilt.et Offlte•ft MOM) of amo1vila7mt..scuO01,..DzOTICT 1272 Ardraoerk4VAD a Mianumota_pub1ig_auP01 .eorporetton.on behalf of the corporation. our.en Mrs et Ao•mooroSoo/ *A MOM POSH (filsorket• Foroo i;17/4 ArtoosEeignoWU Moans Sod rim Sump TM or Sank) THIS /RSTRUMENT WAS DRAFTED BY: PETERSON, POPOVICH, KNUTSON 6 FLYNN 314 Minnesota Building St, Paul, MN 55101 S STATE OESO TAX DUE THIS INSTALOSINT WAS CRAFTED ICr 0 t • •. • 0 71 ; : i t.1 S 5!1(1 . • •Ei 4,4 tt ,4•ki - 1 : 1 gl 4 !Att.; ; •° :!•,1 •, 4 1 ; • 24. 14 -.f sjzi •;:'‘•-• :el, , I • t, .ro . v . '• •`!•" 4 •s; ' • ! v ' ° .4% • ; ! ; • • h 4 • 14 tt • , „t % A] , , g a „,=§ w • .1 : ts3 : • ,Gt; •Et 1, 4: Whl , . ;... I f MEMORANDUM Mayor and City Council TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services --RA- DATE: October 11, 1979 SUBJECT: Request Permission.to Advertise for Improvements to the Roof on the Horse Barn at the Bryant Lake Stables When the City of Eden Prairie was negotiating with Hennepin County Vo-Tech on the lease at the stables one of the City's commitments was to repair the leaking roof over the horse stall area of the arena barn. The City has received some initial cost estimates from contractors. These estimates all are in excess of $10,000, therefore the City must advertise for bids for this project. Costs of these repairs will be funded by the Metropolitan Council under a capital improvement program for Bryant Lake Park. BL:md 4 Att.( • • S MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Rbger Ulstad, City Manager • FROM: Carl Jullie. City Engineer DATE: October 10. 1979 SUBJECT: Change Order for Sewer Connection I.C. 51-332 Super Valu ' On April 17, 1979, the City Council considered Change Order No. 1, Project I.C51-332, invloving an outside drop connection to the interceptor sewer manhole for the new sewer line service serving the Super Valu headquarters site and adjacent properties. The Council deferred action on the Change .Order and passed a resolution directed to the Metro Waste Control Commission and the Minnesota Department of Natural Resources expressing our concerns about the excessive costs and adverse environmental impact of an outside drop connection versus an inside drop. as originally planned. On June 8, 1979, the Waste Control Commission, after receipt of Resolution No. 79-90, did again reject our request for an inside drop. I have also spoken to the DNR about our request and they say that they have little rapport with MWCC and that with the given circumstances they cannot force • the MWCC to comply with our request. • Since Super Valu will be needing this connection in the near future, it is recommended that the Council approve Change Order No. 1, Project I.C. 51-332, in the amount of $15,520 for the outside drop connection. Super Valu is aware of this extra cost which has been included in the assessment figures recently approved for this project. CJJ:kh • • 3)66 • June 8, 1979 (S{,33v- 1 Mr. Carl J. Jullie Director of Public Works City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Re: Connection Permit at County Road 60 and I-494 MWCC Index No. 638 Dear Mr. Jullie: This letter is in response to your letter and Resolution No. 79-90 dated May 2, 1979 received on May 25th concerning the proposed sub- ject connection to our Metropolitan Interceptor MSB-6801. As previously indicated in our letter of February 22, 1979, the Metropolitan Waste Control Commission has established the policy that prohibits the use of inside drop connections within our manholes. This policy was established because of complaints received from our Operations Department concerning both maintenance problems and safety hazards that are a direct result of the installa- tion of inside drop sections similar to the one that was previously approved in Minnetonka. As you, of course, are aware the establishment of a policy has a date of initiation as does everything. The Minnetonka connection permit was approved prior to that date and a similar request now would not be approved. The subject permit was good for a 90 day time period. The permit was issued on February 9, 1979 and has subsequently expired. If it is your intention to proceed with an outside drop connection to this manhole as originally approved it is necessary that you request a time extension to this permit. If you have any questions, please call. Very truly you s, Ri hard J. Lherty — 4--4; !') Chief Administrator ( RJD:DSB:hw cc: Don Caster SSOmfTRO/OUc EBLDG. MIL ROBfRT/TRMET/ . /NBLT PAUL MA SStoi 612 222 B42 t(�j . t 31(D ! RIEKE CARROLL MULLER ASSOCIATES INC October 12, 1979 / architects (/ engineers Mr. Carl Jullie, P.E. City of Eden Prairie hand tnrveyws 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 Waring,' RE: HIGH TRAILS ESTATES 1 I.C. 51-315 RCM PROJECT 791015 mailing post office has 13D Dear Carl: hopkins,m.-nesota 55342 Enclosed is Change Order No. 1 for the above referenced project. ten This Change Order is divided into four sections as follows: 1011 first street south hook ins,nun nesota 55342 612 9354901 Section 1 - Extensions of Duck Lake Road Utilities Section 2 - Additional Subgrade Correction for Street t. Construction • Section 3 - Lift Station Modifications Section 4 - Lift Station Access Road and Utility • Modifications A description and discussion of each section follows. Section 1 The developers of High Trails Estates desire to extend utility services on the Duck Lake Road approximately 271 feet north from hopk,ns,,n.tn•sots their present planned termination. The purpose of this ex- asvtord tension is to provide services to five additional lots - two double lots on the west side of Duck Lake Road and three single lots on the east side of Duck Lake Road. Additional services aernnrd will also be added for four double lots on the west side of wo,thrmto, Duck Lake Road between MH 19 and the present termination point Ames '"" for utility construction. These eight services will be tapped into the 12" watermain and 8" sanitary sewer presently in place on Duck Lake Road. The cost for this section is estimated at $36,793.95. This cost is arrived at by using the estimated D quantities and present contract unit prices. • Page two Mr. Carl Jullie October 12, 1979 Section 2 si This section will add to the contract quantities of plastic stabilization fabric and additional crushed rock materials for use in street construction. These materials will be needed if street construction is to proceed this fall. The combination of a "wet" construction season and the silty soils found in some sections of project area streets make it impossible to create stable working platform in these soils for paving. The developers wish to proceed with street construction this fall and are willing to incur the extra cost for construction. Section 3 The developers of High Trails Estates desire to develop addi- tional residential sites on the west side of Duck Lake Road and just north of the present lift station site. To accommodate • this development it is desirable to move the lift station wester- ly and slightly to the south as shown on the revised site plan attached to the Change Order. In addition, studies by our staff as the result of recent inquiries by other property owners in this area of the City indicate the desirability to deepen the station so that it can serve a significantly larger area. The lift station has been redesigned to serve a larger area and as an additional benefit will allow the City the future option to abandon an existing lift station on West 66th Street at 174th Avenue. Section 4 This section covers additional costs associated with relocating the lift station and constructing an access road. The relocation of the lift station requires the extension of sanitary sewer, storm sewer and forcemain. The access road as shown on the site plan is on the alignment of the proposed future street to serve additional residential sites north of the station and its con- struction will be a basis for a future street. It is our understanding that the developers of this project concur with the changes here described and will assume financial responsibility for the costs involved. Should any portion of this change order require further clarifi- cation please call. Very truly yours, �, J 11,/*/) ,7/' akin D. Gray, P.E. RIEKE CARROLL MULLER ASSOCIATES, INC. ADG/pw CHANGE ORDER NO. 1 DATED October 12, 1979 PROJECT: High Trails Estates ENGINEER'S PROJECT NO. 791015 OWNER: City of Eden Prairie CONTRACT DATE: June 26, 1979 OWNER'S PROJECT NO. I.C. 51-322 TO: Brown & Cris, Inc. CONTRACTOR You ARE DIRECTED TO MAKE THE CHANGES NOTED BELOW IN THE SUBJECT CONTRACT: OWNER: City of Eden Prairie BY: DATE: NATURE OF THE CHANGE:Construct the following additions to the project: Section 1 - Extension of Duck Lake Road Utilities • Section 2 - Additional Subgrade Correction for Street Construction Section 3 - Lift Station Modifications Section 4 - Lift Station Access Road and Utility Modifications Details of quantities and costs are contained in the attached "Schedule of Adjustments ( to the Contract Quantities". THE CHANGES RESULT IN THE FOLLOWING ADJUSTMENT OF CONTRACT PRICE AND TIME: CONTRACT PRICE PRIOR TO THIS CHANGE ORDER $ 696,797.85 NET (INCREASE) (willow RESULTING FROM THIS CHANGE ORDER $ 137,992.95 CURRENT CONTRACT PRICE INCLUDING THIS CHANGE ORDER $ 834,790.80 THE ABOVE CHANGES ARE APPROVED: THE ABOVE CHANGES ARE ACCEPTED: Rieke Carroll Muller Associates, Inc. Brown & Cris, Inc. ENGINEER CONTRACTOR BY: DATE: (12) '3190 • CHANGE ORDER NO. 1 SCHEDULE OF ADJUSTMENTS TO CONTRACT QUANTITIES PROJECT: High Trails Estates ENGINEER'S PROJECT NO. 791015 OWNER: City of Eden Prairie CONTRACT DATE: June 26, 1979 OWNER'S PROJECT NO. I.C. 51-322 SECTION I EXTENSION OF DUCK LAKE ROAD UTILITIES Extend 12" watermain and 8" sanitary sewer approximately 271 feet north on Duck Lake Road from the present termination at Station 21+00 as shown on Plan Sheet No. 2 to Station 23+71. Provide sewer and water services to two proposed double • lots on the west side of Duck Lake Road and three proposed single lots on the east side of Duck Lake Road. Cut in sewer and water services for four addi- tional double lots on the west side of Duck Lake Road between Station 17+00 and 21+00. Extend street improvements north on Duck Lake Road from the present termination at Station 20+50 to Station 23+21. Compensation for the above de- scribed additional work shall be in accordance with the following schedule: UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL SANITARY SEWER 1 8" Sewer Pipe (14' - 16') LF 271 $ 16.00 $ 4,336.00 2 8" x 4" Wyes EA 7 $ 33.00 $ 231.00 3 4" Saddles - Connect to Existing Pipe EA 8 $ 100.00 $ 800.00 4 4" Service Pipe LF 525 $ 6.00 $ 3,150.00 5 Standard Manhole EA 2 $ 760.00 $ 1,520.00 6 Extra Depth Manhole LF 12 $ 66.00 $ 792.00 7 Connect to Existing Sewer Pipe EA 1 $ 150.00 $ 150.00 • Subtotal Sanitary Sewer $ 10,979.00 3111 f UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL i 1 12" Watermain LF 271 $ 15.80 $ 4,28I.80 2 12" Butterfly Valve & Box EA 1 $ 586.00 $ 586.00 3 1" Corporation Cock - Connect to Existing Pipe EA 8 $ 13.00 $ 104.00 • 4 1" Corporation Cock EA 7 $ 13.00 $ 91.00 5 1" Curb Stop and Box - Connect to Existing Pipe EA 8 $ 37.00 $ 296.00 • 6 1" Curb Stop and Box EA 7 $ 37.00 $ 259.00 7 1" Copper Service LF 615 $ 6.50 $ 3,997.50 . 8 Reinstall Hydrant EA 1 $ 300.00 $ 300.00 9 Air Release Manhole EA 1 $ 1,090.00 $ 1,090.00 • 10 Connect to Existing Watermain EA 1 $ 126.00 $ 126.00 Subtotal Watermain $ 11,131.30 DRAINAGE, LANDSCAPING, STREET CONSTRUCTION . 1 Bituminous Base Course (Mn/DOT 233I) TON 185 $ 1I.00 $ 2,035.00 2 Bituminous Wear Course TON 70 $ 12.70 $ 889.00 3 Bituminous Material for Mix TON 14 $ 145.00 $ 2,030.00 4 Tack Coat GAL 42 $ 1.10 $ 46.20 5 Class 2 Aggregate Base TOIL 266 $ 5.50 $ 1,463.00 6 Eden Prairie Mountable Curb LF 542 $ 5.05 $ 2,737.10 7 5" Thick Concrete Sidewalk SF 1355 $ 1.75 $ 2,371.25 8 Sand Cushion TON 32 $ 4.00 $ 128.00 • 9 Sod and Topsoil 5Y 90 $ 1.50 $ 135.00 10 Seed, Topsoil & Mulch ACRE .17 $ 950.00 $ 161.50 11 Clear and Grub TREE 40 $ 45.00 $ 1,800.00 • 12 Excavation CY 1268 $ 0.70 $ 887.60 i Subtotal Drainage, Landscaping, Street Construction $ 14.683.66 TOTAL COST SECTION 1 $ 36,793.95 SECTION 2 ADDITIONAL SLU8GRADE CORRECTION FOR STREET CONSTRUCTION At the direction of the Engineer subcut areas of soft subgrade soils in street areas,place plastic stabilization fabric and cover with crushed rock aggregate. Stabilization fabric shall be equivalent to Celanese Mirafi 140 fabric. Com- pensation for the above described additional work shall be in accordance with the following schedule: UNIT ITEM DESCRIPTION UNIT QUANTITY PRICE TOTAL 1 Subgrade Subcut CY 1,450 $ 1.10 $ 1,595.00 2 Stabilization Fabric SY 18,100 $ 1.20 $ 21,720.00 i. 3 Class 5 Crushed Quarry Rock TON 4,800 $ 5.50 $ 26,400.00 TOTAL COST SECTION 2 $ 49,715.00• SECTION 3 LIFT STATION MODIFICATIONS Relocate the lift station 210 feet west and 30 feet south from its present plan location. Lift station details shall remain as shown on Plan Sheet 9 except as follows: ITEM PRESENT PROPOSED Top Slab Elevation 884.00 886.00 Invert 8" Influent Pipe 873.22 859.89 Top of 8ase Slab 868.00 854.89 8ase Slab Thickness 12" 30" Diameter Discharge Pipes, Valves and Fittings 4" ID 6" ID Additional compensation for revised location, additional 15 feet of depth, dewater- ing, increased size of pipes, valves and fittings and thickened base slab for additional resistance to flotation shall be the lump sum price of: $ I9,836.00 • • SECTION 4 LIFT STATION ACCESS ROAD AND UTILITY MODIFICATIONS Construct an access road to the lift station in accordance with the revised site plan attached hereto. Extend storm sewer,. sanitary sewer and forcemain to accommodate the revised lift station location as shown on the revised site plan. Compensation for the above described additional work shall be in accordance with the following schedule: • UNIT ITEM DESCRIPTION UNIT QiUANTITY PRICE TOTAL .._ .. .. " 1 Subgrade Excavation CY 1,500 $ I.10 $ 1,650.00 2 Road Borrow CY 1,500 $ 4.10 $ 6,150.00 f, 3 Class 2 Aggregate Surface TON 300 $ 5.50 $ 1365D.00 4 8" Sewer Pipe (10-12) LF 100 $ 13.70 $ 1,370.00 5 8" Sewer Pipe (24-26) LF 45 $ 50.00 $ 2,250.00 6 Standard Manhole EA 1 $ 760.00 $ 760.00 7 Extra Depth Manhole LF 17 $ 6t.00 $ 1,122.00 8 8" Outside Drop_Section LF 20 $ 125.00 $ 2,500.00 9 42" Class III RCP EA 180 $ 49.70 $ 8,946.00 10 Catch Basin on 42" RCP EA 2 $ 1,475.00 $ 2,950.00 II 4" Forcemain LF 140 $ 6.50 $ 910.00 12 Crushed Rock 8edding TON 50 $ 7.30 $ 365.00 13 8" Sewer Stub EA 1 $ 75.00 $ . 75.00 • 14 Seed, Topsoil and Mulch ACRE 1 $ 950.00 $ 950.00 TOTAL COST SECTION 4 $ 31,648.00 • • 'i, P SUMMARY SECTION 1 - Extension of Duck Lake Road Utilities $ 36,793.95 SECTION 2 - Additional Subgrade Correction for Street Construction $ 49,715.00 SECTION 3 - Lift Station Modifications $ 19,836.00 SECTION 4 - Lift Station Access Road and Utility Modifications . . $ 31,648.00 • TOTAL CHANGE ORDER $137,992.95 • rI • SC ALE: 1..=50 dam• LIFT STATION! e;,/,''''''' ar i 14, 5s 3 h /// 10 > II. I 15' E 6' a N LL .0 ,._ . DUCK LAKE ROAD . _ _.FM _�. .Si_. ._-- .____. q , t DRAWN DRAWING I ( HIGH TRAIL E5TATE5 PCB D & Na EDEN PRAIRIE, N1INN. CHECK RIEKE ASSOCIATES INC.RROLL • ULLER CHANGE ORDER No ARCHITECTS•ENGINEERS•SURVEYORS . sue®EY HopkinsGaylord FaM.ar* *.Cloud RAN. idewd Wd•H,at. WWRllbIl.. 'MIDIS • U i"li. I MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer • DATE: October 10, 1979 • SUBJECT: Change Order No. 1 for Plan Changes - I.C. 51-353 Hipps Mitchell Heights Fourth Addition :1 The attached Change Order No. 1, Project I.C. 51-353, in the amount of $10,55.75, project increase, is submitted for Council approval. This Change Order is in response to a request by Mr. Richard Hipp, the develop- er of Hipp's Mitchell Heights Fourth Addition for certain changet and additions to the original plan. We have reviewed the changes requested ' and recommend approval of Change Order No. 1. CJJ:kh Attachment • �1'1� • ;i FILIPPI AND ASSOCIATES INC. • 1003 E. CLIFF RD. ' II BURNSVILLE, MN .55337 1 . TO CONTRACTOR: C. Wayne Erickson DATED: October 5 •, 1979 CHANGE ORDER NO: 1 OWNER: City of Eden Prairie CONTRACT: IC-51-353 LOCATION: Hipp's Mitchell Heights 4th YOU ARE HEREBY INSTRUCTED TO ADD TO AR DELETE FROM THE ABOVE REFERENCED CONTRACT THE FOLLOWING WORK: YOU ARE HEREBY GRANTED AN EXTENSION OF 0 CALENDAR DAYS TO YOUR • CONTRACT. Item Contract;Item Unit Contract As revised by C.O. 1 No. Unit Price Quan. Amount Quan. Amount 1. 8" PVC 8-10' Deep LF 10.75 292 • 3139.00 437 4697.75 2. 8" PVC 10-12' Deep LF 12.25 591 7239.73 679 8317.75 3. 8" PVC 12-14' Deep:. LF 14.25 30 427.50 150 2137.50 4. 8" PVC 14-16' Deep LF 15.25 24 366.00 32 488.00 5. Standard Manhole 0-8' EA 775.00 8 6200.00 10 7750.00 • Deep 6. Extra Depth Manhole LF 60.00 21 1260.00 30.3 1818.00 7. Construct Outside Drop LF 100.00 12.8 1280.00 .22.6 2260.00 II 8. 4" PVC Soil Pipe LF 5.90 0 0 1000 5900.00 9. 1 corporation, 1�," EA 636.00 0 0 3 1908.00 copper service pipe and crows foot 10. 18" RCP CL III 10-12' LF 20.50 0 0 64 1312.00 Deep 11. Curb and Cutter on LF 15.00 0 0 60 900.00 Tamarack DELETE: 1. 3/4" x 1" Corporation EA 15.00 56 840.00 48 720.00 2. 4" CISP Service Pipe LF 6.90 1425 9882.50 425 2932.50 "CONTRACT TOTALS $30,584.75 $41,135.50 DIFFERENCE: $ 10,550.75 ORGINAL CONTRACT AMOUNT: 145,916.05 $ 145,916.05 r CHANGE ORDER NO. _ 1 , (Add) (Delete) $10,550.75 REVISED TOTAL: $156,466.80 THE CONTRACTOR SHALL RETURN TWO SIGNED COPIE TO THE ENGINEER. 12,K,;(11/_CLIZa,,,j) LIPPI AND ASS CIATES NC. Change Order approved by Owner �> i -I� �j� Date APfrc"j Rich'""( 14 re ( 2�" `CON,I.RACT/ ORDER NO. J .0ct. 16, 1979 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • 10 • RESOLUTION NO. 79-191 A RESOLUTION APPROVING FINAL PLAT OF VILLAGE WOODS SECOND ADDITION WHEREAS, the plat of Village Woods 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-•r�,p .. i 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 Village Woods Second Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated 9/10, 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 ( John D. Frane, Clerk 3119 October 16, 1979 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: October 10, 1979 SUBJECT: VILLAGE WOODS SECOND AUDITION PROPOSAL: Zachman Homes, Inc., is requesting City Council approval of the final plat of Village Woods Second Addition. This is a 13 lot single family residential plat (RM 6.5) located adjacent to and south of Village Woods 1st Addition. HISTORY: The preliminary plat was approved on January 28, 1975, per Council Resolution #940. Zoning to RM 6.5 is scheduled for second reading on October 10, 1979. The first reading of Ordinance #283 was approved on January 28, 1975. The final plat now submitted for approval conforms with the approved preliminary plat. The Developer's Agreement referred to within this report is scheduled to be executed on October 16, 1979. VARIANCES: Variance from the side yard requirements of Ordinance #135 are given in item #6 of the Oeveloper's Agreement. 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 sanitary sewer, watermain, storm sewer, concrete curb and gutter, bituminous surfacing, walkway construction, street signs and street lighting will be installed throughout the development in accordance with City standards and the requirements of Exhibit C, Item V, of the Developer's Agreement. Per said Developer's Agreement, no building permits shall be issued until Village Woods .Drive is dedicated and paved from Hiawatha Ave. to Mitchell Rd. 2 - �. it PARK DEDICATION: The area shown as park on the plat will be dedicated to the City and contains approximately 1.6 acres. This is in conformance with the approved PUD. The cash park fee shall apply to all lots in this plat. BOMBING Bonding requirements are covered in Exhibit C, Item V, of the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Village Woods Second Addition, sutject to the requirements of this, report and the following: • 1. Execution of the Developer's Agreement. 2. Receipt of fee for City Engineering services in the amount of $390.00. 3. Satisfaction of bonding requirements. 4. Dedication of Park. 5. Receipt of cash deposit for street lighting in the amount of $196.00. • CJ3:kh 31'1 1 MEMO TO: Mayor Fenzel and Members of the City Council THROUGH: Rober Ulstad, City Manager FROM: Carl Jullie, City Engineer DATE: October 11, 1979 SUBJECT: SEWER CONNECTION AT BRYANT LAKE STABLES In order to properly accomodate the sanitary drainage from the Vo-Tech training project at Bryant Lake Stables, a service connection to the adjacent interceptor sewer will be required. The estimated cost of such connection is $15,000 and therefore sealed bids will be required. Vo-Tech has agreed to pay one half of this cost and the City will hay e to pay the remainder, with possible reimbursement from the Metro Parks and Open Space Commission. • Recommend Council authorization of bids for a sanitary sewer connection at Bryant Lake Stables to be opened at 10:00 a.m. on November 6, 1979. CJJ:kh • To:, Mayor and Council Thru: Roger Ulstad From: John Frane Date: October 11, 1979 • The survey on IDR Financing, which was sent to 57 Metro Area Communities, is attached. A response was received from 50 of the Cities. In addition to the tabulation the following comments were received. 3 said No IDR's at all 3 indicated they didn't know what the City's attitude was 3 indicated their City was neutral 2 said mortgage/private placements only 1 said land and building construction only 1 said an addition 5% for parks if IDR was used I/ I "sensed" that most answers were based on the personal opinion of the respondent because their City did not have a formal policy. We reviewed the survey with the Development Commission at their meeting of October 10, 1979. The Commission believes the City should not adopt fixed criteria for I.R. bonds but should evaluate each project on its own merits and benefit to the City. The idea of non owner occupants was discussed at some length. The Commission felt that the decision to own or lease a building was made by each company based-on the individual companys circumstances, and that to preclude non owner occupants might discourage some very fine firms. • IL alh� !! Ir • The City of Eden Prairie is surveying Metro Area Communities about their attitude toward issuing Industrial Revenue Bonds. More specifically the criteria as to what type of business would be looked upon favorably if I. R.'s were requested. I would appreciate your response to the following: FAVORABLE NUETRAL UNFAVORABLE DON'T KNOW • MANUFACTURING a2 3 I COMMERCIAL Retail / Y 0 s 3 Wholesale fl S 02 Restaurant Jrg // . 4 ® Fast Food Service FINANCIAL Bank /J °? /0 Insurance / I J // OWNER OCCUPIED BUSINESS /f :3 I 'RENTAL Office 0,-S e? 3 .3 Warehouse a- / Manufacturing , d 6 3 °2. Any additional comments would be appreciated. An envelope has been provided for your convenience, survey results will be mailed to you if desired. YES Thank you, Does your community allow property other than real property to be financed with I. R.'s? YES NO DON'T KNOW John D. Frane .3 Finance Director /°Z /7 3t ill 1 r - October 16, 1979 1 SITE OF MINNESOTA f CITY OF EDEN PRAIRIE ;j COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: r 5806 VOID OUT CHECK (45.00) 5890 TWIN CITY WINE CO. Wine 15.11 5891 INTERCONTINENTAL PACKAGING CO. Wine 183.92 5892 KIWI KAI IMPORTS, INC. Beer 26.50 5893 GRIGGS, COOPER & CO., INC. Liquor 826.94 5894 ED PHILLIPS & SONS CO. Wine 426.90 5895 MIDWEST WINE CO. Wine 339.55 5896 OLD PEORIA COMPANY INC. Liquor 1,374.94 5897 JOHNSON BRDTHERS WHOLESALE LIQUOR Liquor 721.30 5898 HMO SERVICES Insurance 1,038.10 5899 GROUP HEALTH PLAN Insurance 917.34 5900 BLUE CROSS & BLUE SHEILD Insurance 222.40 5901 PHYSICIANS HEALTH PLAN Insurance 5,496.16 5902 WESTERN LIFE INSURANCE CO. Insurance 359.80 5903 PRAIRIE VILLAGE MALL ASSDCIATES October rent & second half taxes 3,787.57 5904 SUBURBAN NATIONAL BANK Bonds-September 206.25 59Q5 FEDERAL RESERVE BANK Payroll 9/28/79 9,163.24 1i COMMISSIONER OF REVENUE State tax-September 7,550.56 7 UNITED WAY OF MINNEAPOLIS September-United Way 62.68 590E PUBLIC EMPLOYEES RETIREMENT ASSPI. Payroll 9/28/79 7,229.87 5909 NATIONAL REGISTRY OF E.M.T Registration fee-Public Safety 75.00 5910 STATE TREASURER, SOCIAL SECURITY 3rd quarter social security taxes 35,077.21 5911 INTERCONTINENTAL PACKAGING CO. Liquor 448.61 5912 GRIGGS, COOPER & CO., INC. Liquor 862.05 5913 VOID OUT CHECK 5914 JOHNSOII BROTHERS WHOLESALE Liquor 1,088.37 5915 OLD PEORIA COMPANY, INC. Wine - 646.62 5916 ED PHILLIPS & SONS CO. Liquor 494.86 5917 EAGLE DISTRIBUTING Wine 474.69 5918 MINNESOTA DISTILLERS, INC. Liquor 1,243.30 5919 HOPKINS POSTMASTER Postage 88.30 5920 HENNEPIN COUNTY FINANCE Topview Acres-Miller taxes 1,508.31 5921 BEER WHOLESALERS, INC. Beer 2,425.67 5922 8UTCH'S BAR SUPPLY Beer 239.45 5923 COCA-COLA BOTTLING MIDWEST INC. Mixes 575.35 5924 DAVIDSEN DISTRIBUTING CO., INC. Beer 70.75 5925 DAY DISTRIBUTING COMPANY Beer 1,898.65 ' 5926 EAST SIDE BEVERAGE COMPANY Beer 3,363.05 5927 GOLD MEDAL BEVERAGE CO. Mixes 36.00 5928 LEDING DISTRIBUTING Beer 2,078.55 5929 PEPSI-COLA BOTTLING CO. Mixes 216.80 5930 ROUILLARD BEVERAGE CO., INC. Beer 1,401.25 1 THORPE DISTRIBUTING CO. Beer 3.249.25 5932 WESTERN AREA FIRE TRAINING ACADEMY Wafta-Fire Dept 1,240.82 5933 8RW Service-Ringroute 78th St-Hwy 169, 19,337.53 Temp Signal on TH 169, T.H #5 & West 78th Street & Mitchell Road, Dell Road, Lotus View Drive 5934 JAMES-JAN BEULIEU Refund-Installation of Water Service 175.50 ft4. 1 I Page two 0c"8ber 16, 1979 . 5935 JEAN BINFET Refund-Rec Dept 14.00 5936 PAUL BLAD Refund-Rec Dept 8.00 5937 MAXINE BRUECK Mileage 10.80 5938 RONALD T. BURKE State Fire Convention 28.17 5939 BUSINESS FURNITURE INCORPORATED File cabinet-Planning Dept 159.80 5940 DICK CARPENTER Drainage Control 50.00 5941 CENTURY FENCE COMPANY Gate-Round Lake 367.00 5942 CHANHASSEN AUTO PARTS, INC. Parts 495.06 5943 CHAPIN PUBLISHING COMPANY Ads 332.82 5944 CITY OF EDINA Tests 56.00 594,5 .,c, COPY EQUIPMENT INC. Supplies 92.60 5946 CUTLER-MAGNER COMPANY Quicklime 4,384.39 5947 NANCY DAHLGREN Refund-Park Dept. 14.00 5948 DALCO Cleaning Supplies-Fire Dept 93.20 5949 DORHOLT PRINTING Supplies 295.68 5950 EDEN PRAIRIE NEWS Ads 8.00 5951 EDEN PRAIRIE SANITATION CO. Service-September 22.50 5952 JONATHAN EIDE Refund-Rec Dept. 8.00 5953 ELK RIVER CONCRETE PRODUCTS Supplies-Street Dept 108.66 5954 ELVIN SAFETY SUPPLY, INC. Supplies-Water Dept 11.24 5955 JOHN ESS & SONS, INC. Supplies-Fire Dept 27.20 5956 WHOLESALE LIGHTING, INC. Supplies-Water Dept 101.40 5957 FRONTIER LUMBER & HARDWARE Supplies . 110.93 51 GENERAL COMMUNICATIONS, INC. Battery- Fire Dept 10.00 5 JUNE GILBERT Refund-Rec Dept. 2.50 5960 GLIDDEN PAINT Paint-Park Dept 68.25 5961 GRAHAM PAPER Xerox Paper 523.75 5962 .. DALE GREEN CO. Maintenance Material 754.50 5963 GRDSS INDUSTRIAL SERVICES Service 61.80 5964 GUNNAR ELECTRIC CD. INC. Supplies 34.34 5965 HENNEPIN COUNTY FINANCE DIV Second half taxes-Miller 1,155.72 5966 HENNEPIN COUNTY FINANCE DIV Second half taxes-Miller 1,164.45 5967. HENNEPIN COUNTY FINANCE DIV Second half taxes-Milkovich 1,222.756 5968 HDNEYWELL INC. Service43.74 5969 J & R RADIATOR CORP Supplies-Street Maintenance 55.00 5970 ELIZABETH G. JOHNSON Open House flyer 5971 JEAN JOHNSON Supplies-Planning Dept 35 6.646.6 5972 KARULF HARDWARE INC. Supplies 50 5 5973 CAROL KOCH Refund-Rec Dept. 1 .001 .55 4 5974 KRAEMER'S Supplies 5975 PAUL R. KUJAWA Mileage 55.37 5976 KUSTOM SIGNALS,,INC. Parts-Public'Safety 4.67 5977 LABELLE'S DISTRIBUTING Calculator-Finance Dept. 229.94 5978 LEEF BROTHERS INC. Service 127.40 5979 LONG LAKE FDRD TRACTOR Supplies-Park Dept 68.00 5980 LOWELL'S AUTOMOTIVE SPECIALISTS Supplies-Park Dept 8.23 5981 DIANE MARSH Refund-Rec Dept. 8.00 5982 MEDICAL OXYGEN & EQUIPMENT Oxygen-Public Safety 39.78 j'3 MERIT PRINTING Supplies-Envelopes 237.50 4 METRO FONE COMMUNICATIONS, INC. Service 35.40 5985 METRO PRINTING INC. Ads-Fire Dept 25.00 5986 METROPOLITAN CLINIC OF COUNSELING Services 330.E 5987 METROPOLITAN WASTE CONTROL COMM November Sewer Service 18.094.55 5988 MIDWEST ASPHALT CORP Blacktop 529.34. 5989 MINNEAPOLIS STAR & TRIBUNE Ads 231.74 'I Page three October 16, 1979 51 MINNESOTA BLUEPRINT Supplies-Engineering Dept 5.85 5991 MINNESOTA FIRE INCORPORATED Supplies-Fire Dept 109.44 5992 MINNESOTA TORO, INC. Supplies-Park Dept 20.03 5993 MINNESOTA WANNER COMPANY Repairs-Fire Dept 74.50 5994 MODERN TIRE COMPANY Parts & repairs-Street Dept 750.00 5995 DENNIS NESBITT Mileage 156.66 5996 NORTHERN STATES POWER CO. Service 2,695.07 5997 NORTHWESTERN BELL Service 2,009.51 5998 STEVEN M. OLSTAD Mileage 10.57 5999 LYA OZOLS Refund-Rec Dept. 10.00 6000 WILLIAM PARSONS Refund-Rec Dept. 16.00 6001, PETERSON-PAUL SALES, M. Spotlight fpr Squad car 31.10 6002 PITNEY BOWES Equipment rental 4D.50 6003 PRAIRIE LAWN & GARDEN Supplies 29.80 6004 PRAIRIE OFFSET PRINTING, INC. Printing Supplies-Public Safety 43.75 6005 ILKA PRIEST - Refund-Rec Dept. 48.00 6006 BECKI QUERNEMOEN Mileage 18.E 6007 RADIO SHACK Equipment-Council Chambers 45.90 6008 RIEKE-CARROLL-MULLER ASSOC. Service-Shady Oak Ind. Park, Cardinal 15,434.57 Creek Estates, High Trails Sewer & Water 6009 ROBIN ROSENWINKEL Refund-Rec Dept. 14.00 6010 ST. ANDREW LUTHERAN CHURCH Refund SAC Unit 425.00 6011 ST. PAUL POLICE PISTOL CLUB, INC. Ammunition-Public Safety 40.00 6012 SATELLITE INDUSTRIES, INC. Portable Restrooms-Pack Dept 38.68 flip HARVEY H. SCHMIDT State Fire Convention 25.93 blIF4 STEPHANIE SCHUFT Refund-Rec Dept. 8.00 6015 ROLAND SCHULZE Packet Delivery 156.00 6016 SEARS, ROEBUCK & CO. Supplies-Park Dept 18.98 6017 KRISTEN SODERHOLM Refund-Rec Dept 8.00 6018 ED SORENSEN Mileage 27.00 6019 SOUTHWEST SUBURBAN ADVERTISER Ads 5.90 6020 MARKS STANDARD Gas for vehicle 222 22.30 6021 SUN NEWSPAPERS Ads 6022 . THRIFTY PRINT .. Business Cards 58.20 6023 TRI-STATE TREE SERVICE, INC, Tree Hauling 651.00 6024 BRIAN TUCKER Refund-Rec Dept. 8.00 6025 UNITED RENT-ALLS OF MINNEAPOLIS Equipment rental 94.50 6026 VAN WATERS & ROGERS Chlorine-Water Dept 183.40 6027 WARREN, GORHAM & LAMONT, INC. Personnel forms-Water Dept 3.75 6028 RIVER WARREN AGGREGATES INC. Rock-Street Maintenance 85.17 6029 WATER & SEWAGE Subscription-Water Dept 30.00 6030 WATER PRODUCTS COMPANY Supplies-Water Dept 884.00 6031 MENDI WILLARD Refund-Rec Dept. 10.00 6032 XEROX CORPORATIDN Service & Supplies 1,081.80 6033 ZIEGLER INC. Parts & repairs 37.46 6034 M.G. ASTLEFORD CO., INC. Shady Oak Ind. Park 60,879.72 6035 BROWN & CRIS, INC. Highway 5, W. 78th St. & Mitchell Rd 183,150.54 6036 BROWN & CRIS, INC. Dell Rd & Lotus View Drive 1,138.41 6037 BROWN & CRIS, INC. High Trails Estates Utilities 123,806.93 ; z8 BURG & TJEPKES Signal Installation T.H. 169 12,944.92 39 C. WAYNE ERICKSON INC. Hipp's Mitchell Hts. • 31,402.12 6040 G.L. CONTRACTING, INC. Shady Oak Ind. Park 26,835.30 6041 RICHARD KNUTSON, INC. Country Vista Sewer & Water 6,779.56 6042 NODLAND ASSOCIATES, INC. Lake Trail Estates 41,267.76 6043 NORTHERN CONTRACTING COMPANY Storm & Sewer 26,801.52 6044 NORTHERN CONTRACTING, INC. Round Lake Area 157,862.71 Page four Ober 16, 1979 6045 CHRIS ENGER Expenses 100.00 6046 PETTY CASH Supplies 45.35 6047 STEVEN GEIGER Henn. Co. Chiefs Juv. Officers 3.95 6048 GROSS INDUSTRIES SERVICES Service 16.25 6049 HENNEPIN COUNTY Board of Prisoners 445.50 6050 NORTHWESTERN BELL Service 126.78 6051 ROGER ULSTAD ICMA Expenses 646.E TOTAL . 851,046.90 I ilfl I To: Mayor and Council From: John Frane Date: October 12, 1979 RE: Sale of City General Obligation Bonds The City should set a date to receive bids for $4,000,000 in General Obligation Bonds to finance construction bids let during 1979. These bonds would be a combination of Utility, Street, and Equipment Certificate Bonds. A sale date of November 20, 1979 could be set by the adoption of Resolution #79-193 which will be drafted as close as possible to the actual sale date in order for us to gain advantage of the most current market situation. a • .111 To: Mayor and Council Fran: John Frane Date: October 11, 1979 RE: M.I.D.B.'s for McGlynn Bakeries/Burton McGlynn S1,200,000 Burton McGlynn, the owner of McGlynn Bakeries is requesting_approval of I.R.S to finance an expansion to his present facility located on Mitchell Road. The project would provide an additional 36,500 square feet to the existing facility and add 21 new jobs to the present work force of 39. A public hearing could be scheduled for November 20, 1979. 3)40 • CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: a. Business Name - B.J.H. PROPERTIES b. Business Address - 7752 MITCHELL ROAD c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - SOLE PROPRIETOR d. State of Incorporation or organization - IL MINNESOTA e. Authorized Representative - BURTON McGLYNN f. Phone • - 937-9404 • 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a- BUTRON McGLYNN b. PATRICIA McGLYNN • t C. -1- I • f/ `1 • .Y I v r • f 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL i. PRODUCTS, ETC: t 0 ` THE MANUFACTURING OF A COMPLETE LINE OF BAKERY PRODUCTS. THE PRODUCTS ARE SOLD IN THE RETAIN MARKETS IN THE TWIN CITIES, AND THEY DISTRIBUTE BAKERY RELATED RAW MATERIALS IN A SIX (6) STATE AREA. • 4. DESCRIPTION OF PROJECT a. Location and intended use:- . 7752 MITCHELL ROAD - TO CONSTRUCT A 36,500 SQUARE FOOT WAREHOUSE • ADDITION TO THE SOUTHWEST OF THE EXISTING 34,000 SQUARE FOOT MANUFACTURING FACILITY✓. • • b. Present ownership of project site: • bWNS APPROXIMATELY 3.42 ACRES, NOW.WILL PURCHASE AN • ADDITIONAL 2 ACRES FOR THE PROJECT • • c. Names and address of architect, engineer, and general • contractor: It1. Haglin Construction Company, General Contractor , • 2. McEnry - Craft - Birch & Kilgare • • 5. ESTIMATED PROJECT COST FOR: . Land $ l0o,000 Building �oo,000 Equipment $ 'Other $ 300,000 • • $1,300,000 Total • • • • -2- 6. BOND ISSUE - it a. Amount of proposed bond issue - S1,300,000 b. Proposed date of sale of bond - IMMEDIATE OR OCTOBER, 1979 c. Length of bond issue and proposed maturities - 15-20 years serialized 25-27 Tax-Exempt Mortgage d. Proposed original purchaser of bonds - CRONIN S MARCOTTE, INC. e. Name and address of suggested trustee - UN-DETERMINED f. Copy of any agreement between Applicant and original purchaser - g. Describe any interim financing sought or available - SOUTHDALE NATIONAL BANK 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? YES • .b. Number of employees in Eden Prairie? i. Before this project: THIRTY-NINE (39) -3- L3193 r • }} 1. t ii. After this project? SIXTY (60) 1. r. c. Approximate annual sales - sio,000,000.00 d. Length of time in business SINCE 1962 in Eden Prairie Fifteen,(,15) Yearg•,_,, ; ,, , e. Do you have plants in other locations? If so, where? HOUSTON, TEXAS TULSA, OKLAHOMA DULUTH, MINNESOTA MILWAUKEE, WISCONSIN ST. LOUIS, MISSOURI I/ f. Are you engaged in international trade? NO -(:18, OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a • "releated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. NONE • • • -4- 3)9 . Y b.) List all cities in which the Applicant has requested / industrial revenue development financing. • ` NONE • j 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 ire, ist any city (and the project name) where the Applicant has al to proceed but which n `� capprovalreliminary authorizingpthevfinancing has beeni finaldenied. NONE • • -5- • f. If Applicant has been denied industrial development 10 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. 9. NAMES AND ADDRESS OF: a. Underwriter (If public offering) V CRONIN & MARCOTTE, INC. 330 I.D.B. CENTER MINNEAPOLIS, MINNESOTA 1/ b. Private Placement Purchaser (If private placement) • UNDETERMINED COIf 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. b. Bond Counsel - FAEGRE & BENSON c. Corporate Counsel - BURTON WISEBERG d. Accountant - MAIN - LaFRENTZ 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - IMMEDIATE b. Construction completion - APRIL, 1980 • FOR FURTHER INFORMATION CONTACT: • The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development bond financing does 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 Pairine, or any panyeother law applicable to the property included t. BURTON McGLYNN, PRESIDENT ppp scant By • AUGUST 15, 1979 ate • -7- 11. ZONING - TO BE COMPLETED BY TEE CITY PLANNING DEPARTMENT a. Property is zoned - -L b. Present zoning is (is not) correct for the intended use. c. Zoning application received on for which is correct for the intended use. d. Variances required - • ,,`, City Plant. -8-