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Home My WebLink AboutCity Council - 12/18/1979 EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 18, 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 A. Canvassing Board meeting held Friday, November 16, 1979 4'4 Page 3599 B. City Council meeting held Tuesday, November 20, 1979 ~'?- Page 3600 C. Joint City Council, School Board and Parks, Recreation & Natural Page 3609 Resources Commission meeting held Saturday, December 1, 197 D. City Council meeting held Tuesday, December 4, 1979 Page 3614 III. CONSENT CALENDAR A. Clerk's License List Page 3623 B. Set Public Hearing for COR Investment for January 22, 1980 Page 3624 C. Set Public Hearing for Rembrandt's Michelangelo Gardens for Page 3625 January 22, 1980 D. Set Public Hearing for Olympic Hills Sixth Addition for January 22, Page 3626 • 1980 E. Final Plat approval for Duck Lake Vista (Resolution No. 79-229) Page 3627 F. Set Public Hearing for reinstating Planned Study properties around Co. Rd. 4 and T.H. 5 back into Planned Study for January 22, 1980 G. 2nd Reading of Ordinance No. 79-36, rezoning from Rural to R1-13.5 Page 3629 for Nemec Knolls by Mr. & Mrs. Donald Nemec and developer's agreement H. 2nd Reading of Ordinance No. 79-42, rezoning 8 acres from Rural to Page 3639 R1-22 for Willow Creek Farm by Vernon Geiger and developer's agreement C I. Request to set a Public Hearing for Municipal Industrial Development Page 3649 Bond approval for Einess, Norderhus and Anderson Project (Eden Prairie Professional Building) in the amount of $700,000.00 for January 22, 1980 ,.1ej vvlam.to nyClwP — L .. IUC.I.,UC1.C11IUC1 lu, I7/7 J. Request to set a Public Hearing for Municipal Industrial Development Page 3650 Bond approval for Tecom Properties in the amount of $1,250,000.00 for January 22, 1980 ( K. Request to set a Public Hearing for Municipal Industrial Development Page 3651 Bond approval for S.K.S. Properties in the amount of $1,000,000.00 for January 22, 1980 L. 2nd Reading of Ordinance No. 79-37, rezoning 1st Addition, Shady Page 3652 Oak Industrial Park from I-5 to 1-2, rezoning 3rd & 5th Addition from Rural to 1-2 and developer's agreement IV. PUBLIC HEARINGS A. Hidden Glen PUD, request for PUD concept approval for single family Page 3314 detached lots on approximately 125 acres. Located east of TH 101 and south of Tow.nline Road (Resolution No. 79-198) Continued from December 4, 1979 B. Public Hearing for vacating portion of drainage and utility Page 3673 easements east of Lotus View Drive (Resolution No. 79-225) V. PAYMENT OF CLAIMS NOS. 6577 - 6795 Page 3674 VI. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Attorney • C, Report of City Manager D. Report of Director of Community Services 1. Rotary Club donation for Community Services Van Page 3679 2. Report from Community Center Building Committee Page 3680 3. Bluff Property Preservation . Page 3681 E. Report of City Engineer 1. Consider bids for street sweeper Page 3682 2. New Municipal State Aid Street designation (Resolution Nos. Page 3683 226 and 227) 3. Final Plat approval for Sunset Crest (Resolution No. 79-228) Page 3689 F. Report of Finance Director To 042 1. Discussion on Municipal Industrial Development Bond Guidelines Page 3691 2. Request by Eden Hills Company for an extension of the time Page 3692 ( requirement for final approval for Municipal Industrial Development Bonds I d+' &.,, r' • 3. Resolution No. 79-230, amending the 1979 Budget Page 3693 VII. NEW BUSINESSce._. /5.cs4 , 5 //r 1.-/,1 VIII. ADJOURNMENT. • 12-17-79 To: Roger Ulstad. City Manager /. s �I From: Det. Rick Rabenort Subject: The Brothers Restaurants, Incorporated On - Sale Liquor License Application Our record checks and background investigation is almost corn- pleted on the principles involved in the Brothers Restaurant application. As a result of this procedure, there appears to be no apparent reason for our department to recommend denial of a liquor license for this establishment. However, if any matters of concern arise, I will notify you immediately. . vp. ,),-/ %1 v 1 7/ 0) (\ie/ yfrAl-'02- ;� G A f ji (Please fill out in triplicate) FEE $ APPLLICATION NO. Code 303.61 INVESTIGATING FEE $ DATE RECEIVED Code 307.37 BY VILLAGE OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 APPLICATION FOR ON-SALE OR SPECIAL CLUB INTOXICATING LIQUOR LICENSE License Period Ending June 30, 19 8°. I, Fred Burstein , as Chairman of the Board (Name of person making application) (individual owner, officer, or partner) for and in behalf of The Brothers Restaurants, Incorporated (myself, names of partners, name of corporation or association) hereby submit this application for a On-Sale (On-Sale or Special Club) intoxicating Liquor License for the The Brothers Deli (Name of restaurant, hotel or club) Eden Prairie Shopping at Center • (Street Address) TURF 0 PLI TI N Chairman of the Board (TITLE) November 12, 1979 (DATE) • _4'V -ez /. • • • TO: Mayor and City Council FROM: John D. Frane DATE: December 18, 1979 RE: Resolution #79-230; amending the 1979 Budget The 1979 Budget should be amended as follows: Ad Valorem Taxes $ 76,000 Permit Fees 46,500 Additions to Budget Revenue $112,500 Corporation Council $ 15,000 Workman's Compensation Insurance 40,000 Liability Insurance 35,000 Fire Calls 4,500 Legal Criminal 5,000 Animal Control (1,000) Equipment Maintenance 14,000 Additions to Bugeted Expeditures $112,500 JDF:bw 12/18/79 • EDEN PRAIRIE CANVASSING BOARD MEETING FRIDAY, NOVEMBER 16, 1979 5:00 PM, CITY HALL CANVASSING BOARD MEMBERS PRESENT: Mayor Wolfgang Penzel, Councilwoman Sidney Pauly and Councilman Paul Redpath CANVASSING BOARD MEMBERS ABSENT: Councilman Dean Edstrom and Councilman Dave Osterholt CITY STAFF PRESENT: • City Manager Roger K. Ulstad Mayor Penzel called the meeting to order at 5:05 PM. MOTION: Councilman Redpath moved, seconded by Pauly, to adopt Resolution No. 79-210, canvassing returns of special election held November 15, 1979. Motion carried unanimously. Meeting adjourned at 5:05 PM. 35q9 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, NOVEMBER 20, 1979 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; Finance Director John Frane; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Discussion of the Parking Ordinance was added as item VIII. A. MOTION: Edstrom moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. II. AWARD BIDS FOR $5,100,000.00 IN GENERAL OBLIGATION BONDS (Resolution No. 79-215) William Fahey, Ehlers & Associates, spoke to the bids received and recommended the Council consider awarding the bids to the low bidders as follows: $4,800,000.00 in Temporary Improvements Bonds to the First National Bank of Chicago at a net interest cost of $991,392.00 with a net interest rate of 6.88466%, and the $3D0,000.00 Certificates of Indebtedness to the Continental Illinois National Bank & Trust Company, Chicago, at a net interest cost of $71,423.00 with a net interest rate of 6.96809%. (Bid summary sheets attached as part of minutes). MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 79-215, awarding the bids for $5,100,000.00 in General Obligation Bonds as follows: $4,800,000.00 in Temporary Improvement Bonds to the First National Bank of • Chicago at a net interest cost of $991,392.00 with a net interest rate of 6.88466%, and $300,000.00 Certificates of Indebtedness to the Continental Illinois National Bank & Trust Company, Chicago, at a net interest cost of $71,423.00 at a net interest rate of 6.96809%. Motion carried unanimously. III. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 16, 1979 Pg. 10, 3rd para., 1st line, strike "Councilman" and insert in lieu thereof "Councilwoman". MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the Council meeting held Tuesday, October 16, 1979, as amended and published. Motion carried unanimously. 3600 • Council Minutes - 2 - Tues.,November 20, 1979 IV. CONSENT CALENDAR ! A. Request to set a Public Hearing for Willow Creek Farm rezoning for December 4,1979 B. Request to set a Public Hearing for Prairie Village Professional PUD and zoning for December 4, 1979 C. Set hearing for vacating portion of utility easement east of Lotus View Drive for December 18, 1979 (Resolution No. 79-211) D. Resolution No. 79-212 for sewer connection for Cardinal Creek E. Registered Land Survey for Arndt property F. Authorize bids for street sweeper MOTION: Osterholt moved, seconded by Pauly, to approve items A - F on the • • Consent Calendar. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 6236 - 6398 Penzel requested more details on what check #6330 and #6333 involved, to be provided by Finance Director Frane. MOTION: Redpath moved, seconded by Osterholt, to approve Payment of Claims • Nos. 6236 - 6398. Roll Call Vote: Redpath, Osterholt, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. VI. PUBLIC HEARINGS • A. Creekview Estates by Heinen & Burnett. Request to rezone from Rural to R1-13.5 • and preliminary plat 25.5 acres into 29 single family lots. Located at 9840 and 9940 Bennett Place (Ordinance No. 79-39 and Resolution No. 79-197) Continued from November 6, 1979 City Manager Ulstad explained Staff and. the proponent are requesting that this Public Hearing be continued to the December 4, 1979 Council meeting. MOTION: Osterholt moved, seconded by Pauly, to continue the Creekview Estates Public Hearing to December 4, 1979. Motion carried unanimously. • B. Request for Municipal Industrial Development Bond approval in the amount of • $1,300,000.00 for McGlynn Bakeries (Resolution No. 79-216) Warren Jones, Cronin & Marcott, representing Burt McGlynn, the owner of McGlynn Bakeries, spoke to the proposal acknowledging the fact his company is prepared to underwrite the industrial development bonds in the amount of $1,300,000.00. Both Mr. Jones and Mr. McGlynn answered questions of Council members regarding the proposal. MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 79-216, approving the request for Municipal Industrial Development Bonds in the amount • of $1,300,000.00 for McGlynn Bakeries. Motion carried unanimously. 301 Council Minutes - 3 - Tues.,November 20, 1979 VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Mayor Penzel brought up for discussion the question on how to proceed now that the Park Bond Referendum has passed. Penzel recommended two items that should receive prompt attention: 1) authorization to staff for taking appraisals for the park sites not yet in City ownership, and 2) the direction the Council wishes to take as far as the physical structure is concerned - maybe directing the Parks, Recreation & Natural Resources Commission to undertake the process toward the selection of an architect (develop the criteria to be used and mechanism by which an architect could be evaluated for final approval by the Council). Pauly asked Penzel if he was still interested in pursuing the structure being built into the earth. Penzel replied he would strongly urge the Council to consider it as one of the strong approaches as it would be an energy savings. MOTION: Redpath moved, seconded by Edstrom, to authorize staff to proceed on appraisals on park properties to be received by the end of January. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, that the Mayor contact the School Board for joint meeting dates. Motion carried unanimously. Penzel explained the Parks, Recreation & Natural Resources Commission also desires to have a joint meeting with the Council. Director of Community Services Lambert stated the Commission has suggested three dates: 1) Thursday, November 29, 7:30 PM, 2) Saturday, December 1, 10:00 AM, and 3) Tuesday, December 11, 7:30 PM. MOTION: Osterholt moved, seconded by Edstrom, that the Council meet jointly with the Parks, Recreation & Natural Resources Commission on Saturday, December 1, 1979, at 10:00 AM. Motion carried unanimously. Osterholt asked for some direction from the City's financial consultant, Mr. Fahey of Ehlers & Associates, as to when the City should have the sale of these bonds. Mr. Fahey suggested first of all not to plan anything as a bond sale until at least mid-April and maybe into May. There is not going to be any break in interest rates until well after the first of the year, and it is going to be well toward the end of January before we find out what is going to happen. The City is going to have some other issues coming up next year and we have to be very careful that we match these things so we get some issues that are far enough apart - at least 6 months apart. Eden Prairie has an "A" rating now and we are going to try and better that to "Al". B. Request of City Attorney No report. C. Report of City Manager 1. Receive and award bids for compressor for Fire Department City Manager Ulstad requested because of the excessive cost of 3(,02— • Council Minutes - 4 - Tues.,November 20, 1979 1. Receive and award bids for compressor for Fire Department (continued) the compressor, he would like this item continued to December 4, 1979 so he can do some additional checking on prices. MOTION: Osterholt moved, seconded by Edstrom, to continue this item to the December 4, 1979 Council meeting. Motion carried unanimously. D. Report of Planning Director 1. Appointment of individual to the PACAC, Planning Area Citizen Advisory Committee Penzel recommended the appointment of Tony Hirt to the PACAC, Planning Area Citizen Advisory Committee. MOTION: Osterholt moved, seconded by Redpath, to confirm the appointment of Tony Hirt to the PACAC, Planning Area Citizen Advisory Committee. Motion carried unanimously. 2. Valley Knolls 2nd, request to preliminary plat 4 acres zoned R1-13.5 'into 13 lots (Resolution No. 79-200) Continued from November 6, 1979 City Planner Enger reviewed the discussion which took place on this proposal at the November 6th Council meeting. Enger further spoke to his memo dated November 15, 1979, recommending approval of the original preliminary plat dated November 14, 1979 as recommended for approval by the Planning Conmission,which does not include any platting of Mrs. Miska's property at this time, and reduces the Mary Anderson request to 10 lots all meeting the 13,500 minimum lot size ordinance requirements. City Attorney Pauly reiterated the opinion he gave to Enger regarding the permissibility of Mary Anderson Construction Company proceeding with this application. The application as originally submitted to the Planning Commission was by the Mary Anderson Construction Company, and it was only at the time that the matter came before the Council at the last meeting that Mrs. Miska had signed in joining in the application. If Mrs. Miska chooses not to proceed with the matter, in any event the Council has the authority to pass on that portion of the plat which is now before it since this is not an expansion of the original request. Director of Community Services Lambert reported the only concern the Parks, Recreation & Natural Resources Commission had was a sidewalk. Lambert recommended sidewalks on both sides of the road; however, the Commission felt different that rather than a 5 foot concrete sidewalk, the Commission recommended an 8 foot asphalt bikeway on one side of the road and a sidewalk on the other side. Penzel commented the original agreement in 1972/1973 provided for a sidewalk along Duck Lake Trail and what Mary Anderson has installed is about 3 feet of concrete, which is not what the agreement called for. Fred Haas, Mary Anderson Construction Company, responded the sidewalk was installed per the City Engineer, which Mary Anderson installed at their cost. Mr. Haas stated in his opinion he would like to see a concrete sidewalk and not an 8 foot blacktop bikeway. Council Minutes - 5 - Tues.,November 20, 1979 2. Valley Knolls 2nd, request to preliminary plat 4 acres zoned R1-13.5 into 3 lots (Continued) Lambert agreed that the 8 foot asphalt bikeway is not a good idea when you have driveways backing over it and that is the reason he recommended the sidewalk; however, a 5 foot sidewalk with bicyclists and pedestrians is not wide enough and that is why we usually go to 8 foot asphalt. Osterholt asked if there is a trail connection. Lambert replied there is a 3 foot concrete sidewalk along Duck Lake Trail, and Duck Lake Trail is proposed for someday in the future for an 8 foot asphalt bikeway along the trail. There is going to also be a 6 foot asphalt connection from Duck Lake Road to Dell Road through the Valley Knolls park, through a couple of the other parks, and then the Edengate 80 acres. This will connect up and all the way across, so there will be a loop all the way around. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-200, approving the preliminary plat consisting of 10 lots for Valley Knolls 2nd by Mary Anderson Construction Company, including the recommendation for a 5 foot concrete sidewalk abutting Duck Lake Road, and subject to determining whether or not the size of the sidewalk on Duck Lake Trail is in conformance to what was previously required. Motion carried unanimously. E. Report of Director of Community Services 1. Award bids for improvements to roof at Eden Prairie Stables Director of Community Services Lambert spoke to his memo dated November 15, 1979, recommending the Council consider awarding the bid to Peterson Maintenance Corporation, the low responsible bidder, in the amount of $13,750.00 for repair of the roof at the Eden Prairie Stables. MOTION: Osterholt moved, seconded by Edstrom, to award the bid to Peterson Maintenance Corporation, the low responsible bidder, in the amount of $13,750.00 for repair of the roof at the Eden Prairie Stables. Roll Call Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye". Motion carried unanimously. 2. Report on architect for Grill home Director of Community Services Lambert spoke to his memo dated November 15, 1979, recommending the Council consider authorizing staff to hire the firm of Miller - Dunwiddie - Architects, Inc. to conduct the preliminary study of the Grill house at a cost of $500.00. MOTION: Redpath moved, seconded by Edstrom, to authorize staff to hire the firm of Miller - Dunwiddie - Architects, Inc., who offered the lowest rate, to conduct the preliminary study of the Grill house at a cost of $500.00. Roll Call Vote: Redpath, Edstrom, Osterholt, Pauly and Penzel voted "aye". Motion carried unanimously. �. 3. Request for authorization to sell small house on Grill property Director of Community Services Lambert spoke to his memo dated November 15, 1979, requesting the Council to authorize the sale of the small house on the Grill property, a�and /if it cannot be sold to tear it down. • • Council Minutes - 6 - Tues.,November 20, 1979 3. Request for authorization to sell small house on Grill property • (Continued) MOTION: Edstrom moved, seconded by Osterholt, to authorize staff to advertise for the sale of the small house on the Grill property. Motion carried unanimously. F. Report of City Engineer 1. Petition for Lowering Floodplain - Purgatory Creek and Proposal for Land Planning Services (continued from 11/6/79) City Engineer Jullie referred to his memo dated November 16, 1979, • outlining the legal procedures whereby a floodplain adjustment could be made if the Council so desires. Jullie stated options open are to have the culvert re-backfilled and restored to what it has been for several years, or.pull it out completely and dress up the creek channel. Preferably Jullie recommended that the Council ask the Watershed District to review the hydrology of the creek channel and look again at how they set the floodplain elevations and what the impact of the alternatives would be, and come back to the Council with a recommendation or more facts so a judgement can be made. MOTION: Edstrom moved. seconded by Osterholt, to request the Watershed District's Board of Managers to pursue this on behalf of the Council to • determine the facts. Motion carried unanimously. 2. Bid Award - Cardinal Creek Improvements, I.C. 51-355 (Resolution No. /9-213) MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 79-213, awarding the bid for Cardinal Creek Improvements, I.C. 51-355, to Brown & Cris, Inc., the lowest responsible bidder, in the amount $516,027.60. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. • • 3. Bid Award - Bryant Lake Stables Sewer Connection, I.C. 51-357 • • MOTION: Redpath moved, seconded by Osterholt, to award the bid for Bryant Lake Stables Sewer Connection, I.C. 51-357, to Sebesta Construction Company, the lowest responsible bidder, in the amount of $13,205.50. Roll Call Vote: Redpath, Osterholt, Edstrom, Pauly and • Penzel voted "aye". Motion carried unanimously. 4. Discussion on Bridge vs. at-grade Railroad Crossing on Valley View Road, I.C. 51-325 City Engineer Jullie spoke to his memo dated November 16, 1979, including the suggestion from Mayor Penzel that the City examine the feasibility of an at-grade railroad crossing for Valley View Road rather than a bridge structure as proposed in the feasibility report for this project. • Jullie recommended the Council consider incorporating the at-grade • signalized crossing in the final design and eliminating the bridge / underpass. MOTION: Redpath moved, seconded by Pauly, to direct Staff to proceed with plans and specifications for the at-grade railroad crossing alternative in all due haste. Motion carried unanimously. • Lyle Shaw, member of the"Eden Prairie School Board, stated he would relay this information to the rest of the board members. %O • Council Minutes - 7 - Tues.,November 20, 1979 VIII. NEW BUSINESS A. Parking Ordinance City Attorney Pauly spoke to the draft of the Parking Ordinance, and Council members suggested changes to be made before the 2nd Reading. MOTION: Osterholt moved, seconded by Redpath, to give a 1st Reading to Ordinance No. 79-43, providing regulations prohibiting the parking of vehicles and to authorize the designation of areas where parking is prohibited and the ordering and placing of signs relative thereto. Motion carried unanimously. B. Council meeting dates for the month of January, 1980 Council members concurred to change the meeting dates in January from the 1st and 3rd Tuesday, to the 2nd and 4th Tuesday (January 8 and January 22, 1980). C. Joint Council/Planning Commission meeting City Planner Enger stated the Planning Commission suggested the dates of either January 21st or February 4th to meet jointly with Council. Council members concurred to meet jointly with the Planning Commission on January 21, 1980 at 7:30 PM. IX. ADJOURNMENT MOTION: Osterholt moved, seconded by Penzel, to adjourn the Council meeting at 9:30 PM. Motion carried unanimously. 34010 • • BID SUMMARY SHEET • SALE: $4,800,000 Temporary Imprbvement Bonds of Eden Prairie, Minnesota • held on Tuesday, November 20, 1979 at 6:00 o'clock P.M. BIO# ' , NET INTEREST COST $ 9 1 1,3 9 2.00 NET INTEREST RATE 6.8 8 11 GCP% Account Manager:FIRST NATIONAL BANK OF CHICAGO, CHICAGO • Account Members: ' • • BID# , NET INTEREST COST $1,003,19 9.99 NET INTEREST RATE 6•%t:PL l(V % • Account Manager:CONTINENTAL ILLINOIS NATIONAL BANK 6 TRUST COMM, CHICAGO • Account Members:A. G. Becker, Inc., Chicago Bank of Oklahoma N.A., Tulsa LaSalle National Bank, Chicago • L. F. Rothschild, Unterberg Towbin, Chicago • BID# , NET INTEREST COST $f,OO8,000 0° NET INTEREST RATE r1.00 % Account Manager: BANCNORTNWEST, MINNEAPOLIS Account Members: Cronin A Marcotte, Inc., Minneapolis Merrill Lynch White Weld Capital Markets Group, Inc., Minneapolis • Kidder Peabody A Company, Inc., Chicago Paine, Webber, Jackson IS Curtis, Inc., Minneapolis Channer Newman Securities Company, Chicago • .Dean Witter Reynolds, Inc., Minneapolis Moore, Juran S Company, Inc., Minneapolis Miller Schroeder Municipals, Minneapolis National City Bank, Minneapolis • Robert S. C. Peterson, Inc., Minneapolis American National Bank of St. Paul, St. Paul • EHLERS AND ASSOCIATES, INC. Financial Consultants 507 Marquette Avenue Minneapolis, Minnesota 55402 ti • BID SUMMARY SHEET SALE: $300,000 Certificates of Indebtedness Bonds of Eden Prairie, Minnesota held on Tuesday,'November 20, 1979 at 6:00 o'clock P .M. BID$ , NET INTEREST COST $ el 1, 1 3 0 00 NET INTEREST RATE 6.-1 '1 t7 % Account Manager:EANCNORTHWEST, MINNEAPOLIS Account Members: • BID/ , NET INTEREST COST $ t I)Li 2.3.00 NET INTEREST RATE 4.49t1i6197 % Account Manager: CONTINENTAL ILLINOIS NATIONAL BANK & TRUST, CHICAGO Account Members: • EHLERS AND ASSOCIATES, INC. Financial Consultants 507 Marquette Avenue Minneapolis, Minnesota 55402 • • 31 f UNAPPROVED MINUTES SPECIAL MEETING WITH CITY COUNCIL, SCHOOL BOARD AND PARKS, RECREATION AND NATURAL RESOURCES COMMISSION SATURDAY, DECEMBER 1, 1979 10:00 A.M., CITY HALL COUNCIL CHAMBERS COUNCIL MEMBERS PRESENT: Wolfgang Penzel, Mayor; Dean Edstrom, Dave Osterholt, Sidney Pauly, Paul Redpath SCHOOL BOARD MEMBERS PRESENT: Loren Irvine, Gary Mohrenweiser, Lyle Shaw, Jo Wigen, John Lobben SCHOOL BOARD MEMBERS ABSENT: Norman Friedericks COMMISSION MEMBERS PRESENT: Dick Anderson, Chairperson; Dave Anderson, Steve Fifield, Robert Johnson, George Tangen, Larry VanMeter, Bob Kruell STAFF PRESENT: Robert Lambert, Director of Community Services OTHERS PRESENT: Dick Dahl, Eden Prairie News; Merle Gamm, Don Opheim, Steve Caihoon, Jerry Wigen, Jerry Kingrey • Mayor Penzel called the meeting to order at 10:10 A.M. t Mayor Penzel explained that the purpose of this meeting is discussion of the broad stroke direction to take regarding the Bond Referendum. Mayor Penzel turned the meeting over to Lambert and he spoke to the following • agenda items: I. Park Development • A. Acquisition - Direction to obtain the necessary sites. B. Development a. Lambert feels the community wants to see some development next spring. He indicated that cash park fees would be used to start projects at Homeward Hills, Flying Cloud Fields and the Athletic Fields at Staring Lake Park. Lambert stated that due to development in Bluffs West • 2nd and 3rd, and the drainage situation in those areas, work should begin at Homeward Hills early next spring. b. Lake Eden Park Site - Lambert indicated that development of this site needs to be discussed with the School District as soon as possible. The City has contacted the School Board regarding using fill from the IS acre school site. Irvine questioned if the whole area were developed as a temporary park, is it feasible to use as a school site later. Lambert felt that if a decision cannot be made soon another site should be considered. Lambert suggested • that the School Board and the City Council consider trading this 13 acre site for possibly'two school site "pads" at Preserve Park, a 22 acre site, and at the Franlo Road Park site, a 20 acre parcel. • 3609 • Special Meeting -2- December 1, 1979 He also requested the School Board to provide the City with information on any needed future school sites, as the City has . a policy to purchase additional land within specific neighborhood parks for elementary school buildings. Wigen said she would request the School Staff take another look at the area and then get the two staffs together to make a recommendation to the Board and Council. c. Plans and Specifications - Lambert stated that the sites the City already owns are committed to start as soon as the bonds have been • sold. Kruell asked if it is possible to bid the site before bonds are sold. L.:mbert said that the plans and specifications would be ready, but projects should not be bid until the bonds are sold. Mayor Penzel indicated that the sale of bonds would begin early April or May depending on the market conditions. Dick Anderson asked how much planning can be done at present and can • cash park fee monies by used? Penzel said he felt cash park fees could be used to prepare plans and specifications. Lambert stated that the majority of the work would be completed in house. Osterholt requested a list of cash park fees collected for different development areas. He also asked what the agreement would be with ( the school regarding the tennis courts. Lambert indicated that there is a commitment for them to be funded through the bond referendum and that a Joint Powers Agreement such as Prairie Views would be drawn up. • Dick Anderson suggested that whatever funds are available they be • used to get started. Mayor Penzel spoke to cost increases and felt work should begin as soon as possible. II. Community Center - Discuss the process for choosing an architect Mayor Penzel said he felt that a building committee was not necessarily the answer. He felt the Parks, Recreation and Natural Resources Commission could quickly develop criteria and the process of reviewing architects and made a proposal to the Council. Dick Anderson agreed, but he felt they needed the expertise of other organizations, etc., and suggested a small committee of no more than 9 members. Osterholt felt that input from the school was necessary right from the beginning and throughout the process. Edstrom suggested there is merit in having a committee whose sole responsibility is to consider the building and they would report to the Parks, Recreation and Natural Resources Commission who would untimatcly make the recommendation to the Council. ( Mayor Penzel stated his concern that a lengthy process would price us out of the market. He urged that a process be used that would not only be effective but also speedy. 3610 Special Meeting -3- December 1, 1979 Irvine suggested that the school policy for choosing an architect be used, which was workable. Edstrom suggested that the School Board be contacted regarding their experiences. Wigen reported that staff within the District were helpful to the architect in that they had ideas that the architect had not thought of. She said that the School Building Committee was helpful. • Dick Anderson suggested the facility be adjacent to the school so as to give the maximum use for their Physical Education programs. Mohrenweiser stated his concern about a timetable and inflation. He said that the high school needs plans now as to how the 2 facilities go together. He sees the need for a committee with a definite timetable to meet and bring their ideas to the Parks, Recreation and Natural Resources Commission. Osterholt wants an indication from the School Board as to what they want to see in terms of the facility. Dick Anderson suggested a committee li appointed by the City and 15 appointed by the School Board. Tangen suggested a sub committee of the Parks, Recreation and Natural Resouces Commission and the School Board, and that the Parks, Recreation and Natural • Resources Commission not be bypassed, but a place for public hearings and then recommendations sent to the City Council. Irvine suggested a 7-9 member committee If School Board and 1 City. • Mayor Penzel suggested that the committee consist of the following: 1. School Board Member • 2. Parks, Recreation and Natural Resources Commission Member 3. City Staff Member 4. EPAA 5. HAEP 6. School Staff Member 7. City Council Member Kingrey indicated that the EPAA would probably not be as interested in this facility • as they arc in development of neighborhood parks, but that swimming interests should be represented. MOTION: Osterholt moved to establish a 7 member committee including the following: 1 School Board member, 1 School staff member, 1 City Council member, 1 City Staff member, 1 Parks. Recreation and Natural Resources Commission member, 1 Hockey Board member, and 1 member of the committee representing swimming interests in the City. DISCUSSION: Discussion included the following comments: The 7 member committee report to the Parks, Recreation and Natural Resources Commission and the Parks, Recreation and Natural Resources Commission report to the City Council. It was also noted that other interested persons in the community could attend these meetings and provide input, but would not be a voting member of the committee. VOTE: Motion passed unanimously. aj(p11 • Special Meeting -4- December 1, 1979 • Mayor Penzel asked what is a reasonable timetable for the selection of an architect, and should the selection process bo restricted to those firms that have had experience constructing similar facilities? ' • Osterholt suggested that the selection process itself would eliminate those applicants who hadn't done that type of facility. Lambert reported there are approximately 30 architects to date who have indicated interest in the facility. Kruell felt that the process of selection is not as important as the sub contractors, • and the criteria would not indicate who those might be. Mayor Penzel asked how soon an architect should be chosen. Osterholt suggested the Council select a tentative date as to when bonds are to be sold and selection of an architect be simultaneous - architect selected by the time of bond sale. Wigen reported that he has talked to 2 architects and asked if they were to begin immediately how long before start of construction and they indicated they would need 6-8 months for the planning process, then another 3 months prior to beginning construction. Mayor Penzel suggested that the School Board advise the committee on their preferred location for the facility. Irvine stated that soil borings will be critical. Penzel felt that the layout of the school would dictate where the facility should be located. • Lambert reported that when the committee starts talking to an architect one of the first things they will need to know is where the site is and will want to review it • prior to submitting proposals. • Penzel suggested that the committee could be appointed by December 6, 1979. The City will appoint their members at the December 4, 1979 meeting and the School Board will appoint their members December 6, 1979. Mayor Penzel spoke to the kind of facility - energy saving near to top of the list. Information from the University of Minnesota is available on this subject. Penzel suggested the committee establish the criteria to be sent to the architects. • Dick Anderson felt it important to free up City Staff to start working on these projects. Mayor Penzel will look into this. Kruell asked if the committee members would fill out potential conflict of interest forms, Mayor Penzel replied yes. • tWigen asked that when the committee comes in with a recommendatin on an architect, would the architect be hired? Penzel indicated that a transfer of funds is possible to accomplish a given goal • Special Meeting -S- December 1. 1979 i Wigen asked if the fund raising campaign money were turned over for a public owned facility, if this would cause any legal problems. Penzel replied not as long as there is a clear understanding that it is community property once donated. Wigen suggested that the people be offered their money back. Dave Anderson said this would be dealt with in the next week. Mohrenweiser asked if the donors name could be attached if they contribute. Lambert will check with the City Attorney on this. Wigen asked who is going to be in charge of the committee. Penzel suggested the committee select a chairperson. Lambert will call the first meeting. Irvine suggested that the City Engineering Staff check with the School District Architect regarding the sanitary sewer line. Mayor Penzel directed Lambert to make a recommendation to the Council on Tuesday December 4 on the amount of funds needed for consultants prior to hiring an. architect. Dean Edstrom asked that agenda and minutes be forwarded to the School Board and Commission. MOTION: Redpath moved for adjournment at 11:2S A.M. seconded by Motion passed unanimously. Respectfully Submitted, Marlys Dahl Recording Secretary • t3 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 4, 1979 7:30 PM, CITY HALL • COUNCIL MEMBERS: Mayor Wolfgang Penzel, Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; Finance Director John Frane; City Engineer Carl Jullie; and Joyce Provo, Recording Secretary INVOCATION: Mayor Wolfgang Penzel PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved to the Consent Calendar: VI. C. Resolution No. 79-222, authorizing filing of application for grants to acquire parkland under the provision of the Federal Land and Water Conservation Fund Act and the State Natural Resources Fund, and VII. C. 1. Receive and award bid for compressor for Fire Department. The following items were added to the Consent Calendar: Appointment of members to the Building Committee for the Community Centerland Authorization for City staff to obtain soil tests and to meet with the School architect to discuss the building location. Discussion of Resolution No. 401 was added as item VII. C. 2. MOTION: Edstrom moved, seconded by Redpath, to approve the agenda as amended and published. Motion carried unanimously. • II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, NOVEMBER 6, 1979 MOTION: Osterholt moved, seconded by Pauly, to approve the minutes of the City Council Meeting held Tuesday, November 6, 1979, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Final plat approval for LeParc (Resolution No. 79-223) B. Setting hearing for vacating drainage and utility easements along West line of Lot 2, Block 2, Shady Oak Industrial Park (Resolution No. 79-224) C. Resolution No. 79-222, authorizing filing of application for grants to acquire ✓ parkland under the provision of the Federal Lan. and Water Conservation Fund E Act and the State Natural Resources Fund (formerly item VI. C.) Council Minutes - 2 - Tues.,December 4, 1979 D. Receive and award bid for compressor for Fire Department to American Bristol Unit in the amount of $13,090.00 (formerly item VII. C. 1.) E. Appointment of members to the Building Committee for the Community Center Penzel recommended the appointments of Jerry Wigen, HAEP representative; Richard Buretta, Swimming representative; Director of Community Services Bob Lambert, City Staff representative; Dave Osterholt, Council representative; and Richard Anderson, Parks, Recreation & Natural Resources Commission representative. Penzel explained two further appointments will be made by the School Board. F. Authorization for City staff to obtain soil tests and to meet with the School architect to discuss the building location MOTION: Osterholt moved, seconded by Edstrom, to approve items A - F on the Consent Calendar. Roll Call Vote: Osterholt, Edstrom, Pauly, Redpath and Penzel voted "aye". Motion carried unanimously. IV. PAYMENT OF CLAIMS NOS. 6399 - 6576 MOTION: Redpath moved, seconded by Osterholt, to approve Payment of Claims Nos. 6399 - 6576. Roll Call Vote: Redpath, Osterholt, Edstrom and Penzel voted "aye", Pauly "abstained". Motion carried. V. PUBLIC HEARINGS A. Hidden Glen PUD, request by Zachman Homes, Inc. Request for PUD concept approval Tor single family detached lots (some without gara es) on approximately 125 acres. Located east of TH 101 and south of Townline Road (Resolution No. 79-198) Continued from November 6, 1979 City Manager Ulstad referred to the communication from Stephen T. Ryan, Zachman Homes, dated December 4, 1979, requesting that their application be withdrawn at this time. Dick Feerick, representing Joe Dolejsi, Sr., and family, the owners of the property, requested a two week continuance on their behalf so they can review a few elements of the plan, at which time Mr. Feerick stated it is his intention to make the submission with the concurrence of the Dolejsi's for approval. MOTION: Osterholt moved, seconded by Redpath, to continue the Hidden Glen PUD Public Hearing to December 18, 1979. Osterholt, Redpath, Pauly and Penzel voted "aye"; Edstrom "abstained". Motion carried. B. Creekview Estates by Heinen & Burnett. Request to rezone from Rural to R1-13.5 and preliminary plat 25.5 acres into 29 single family lots. Located at 9840 and 9940 Bennett Place (Ordinance No. 79-39 and Resolution No. 79-197) Continued from November 20, 1979 City Manager Ulstad stated Mr. Heinen has requested that this Public Hearing be continued to January 22, 1980 as he is waiting for additional information from the property owner across the street from his property. MOTION: Redpath moved, seconded by Pauly, to continue the Creekview Estates Public Hearing to January 22, 1980. Motion carried unanimously. 3�I'� Council Minutes - 3 - Tues.,December 4, 1979 C. Willow Creek Farm by Vernon Geiger. Request to rezone 8 acres from Rural to R1-22. Located south of Willow Creek Road and West of Flying Cloud Drive. (Ordinance No. 79-42) Mr. Vern Geiger, the proponent, spoke to the proposal and answered questions of Council members. Mr. Geiger was also represented by Page Longeway of Berme Smaby Realty. Planning Director Enger explained this item was reviewed at the Planning Commission on November 13th and was recommended for approval to the City Council subject to the Staff Report dated November 8, 1979, with the addition "there shall be no more than 4 additional lots added to the present one in the future". Director of Community Services Lambert reported the Parks, Recreation & Natural Resources Commission reviewed this proposal on November 19th and recommended approval as per the Manning Staff Report and the Community Services Checklist. MOTION: Osterholt moved, seconded by Redpath, to close the Public Hearing and give a 1st Reading to Ordinance No. 79-42, rezoning 8 acres from Rural to R1-22 for Willow Creek Farm by Vernon Geiger. Motion carried unanimously. MOTION: Osterholt moved, seconded by Redpath, to direct Staff to draft a developer's agreement incorporating the recommendations of the Planning Commis- sion and Staff Report dated 11/8/79, placing restrictions on the property which would be filed of record and would preclude subdividing into smaller lots than those which are proposed, and directing the City Attorney to review the Willow Creek documents and then structure the documents in conformance with those covenants. Motion carried unanimously. D. Prairie Village Professional by Eagle Enterprises_ Request for PUD Concept approval and rezoning from R1-22 to Office and RM 2.5 for an office building an.i an elderly apartment. Located west of Prairie Village Mall. (PUD Resolution Mo. 7-97218 and Ordinance No. 79-41) Lance Nnrderhus, Eagle Enterprises, spoke to the proposal and answered questions of Council members. Mr. Norderhus added for the Council's information that at the Planning Commission he stated they had signed a letter of intent with a doctor; however, it is no longer effective as the doctor has now acquired some land across the street and is planning on building a medical building. The proponents, according to 'Mr. Norderhus. have worked nut twn cnmprnmises with the neighbors on the elderly apartment, those being: 1) reducing the units to 45 units and 3 stories, and 2) orienting the building so the upper levels would not be looking into the neighborhood. • City Planner Enger explained this item was considered at the Planning Commission the 2nd meeting in September and continued to their November 13th meeting. The Planning Commission after reviewing the plan recommended to the City Council on a 6 - 0 vote the approval of the PUD and rezoning a portion of the 4.4 ac es to RN 2.5 for elderly housing and a portion of the PUD to Office District, subject `. to the plan submitted by the developer and subject to the recommendations of the November 9th Staff Report. • City Planner Enger explained he, along with City Engineer Jullie, met with Bill Crawford of District 5 regarding the intersection of #4 and #5 within the last two weeks,and at this point there is no money forthcoming from the State nor any design time that they can contribute. However, Hennepin County has submitted some concepts to Eden Prairie staff as to geometries of the intersection 36g(, Council Minutes - 4 - Tues.,December 4, 1979 D. Prairie Village Professional by Eagle Enterprises (continued) and they are now putting some cost estimates to those design features that can occur on County Road 4 so we can see what the bill might be and who might pay it. • That information was not available at the time the Planning Commission recommended approval of this. This site in and of itself on the west side of the Prairie Village Mall will contribute relatively little traffic,when taking the whole context of the intersection,as compared to some of the other developments. Director of Community Services Lambert reported that the Parks, Recreation & Natural Resources Commission first discussed this project on November 19th and had a problem with setting some kind of a precedent waiving the cash park fee and really didn't understand Section 8 housing that well and who was going to benefit by waiving the fee - the renter or the developer. The project was then continued to the December 3rd Commission meeting, and in the meantime Mr. Lambert stated he prepared a report that described just how the Section 8 housing works re- emphasizing that the developer wasn't the first to initiate the request for waiving of the cash park fee and that the City is encouraged to provide any kind of assistance that is possible for this type of housing. 0n December 3rd the Commission did decide rather than charging the full $250.00 per unit, to recommend $100.00 per unit, as long'as it is developed as a housing assistance type program for low and moderate income/elderly. Osterholt felt there should be some provision for 2 bedroom apartments as in some cases there might be two people who might prefer to have separate bedrooms, or when they have people visiting them to have the use of a bedroom. Mr. Norderhus thought the idea of one bedroom apartments was a requirement of HUD. Edstrom questioned if the extension of the road would create a problem for the Church to the west. Enger replied the Church is resisting the idea • of the road being extended. Their principal concern is for people coming from the west on Highway 5 that this could become a shortcut for the signal at #4 and #5, and people would take Cornelian Lane in through the service road and into the shopping center rather than negotiating the signal. Enger further commented there seems to be a possibility within the site plan to segregate the elderly housing in terms of a direct access so that it could be accessed from the west by a service road, and from the east by a more disjointed service road, so it would be the elderly housing that would have the full access and the bank and professional building would have the access off the shopping center area. The Church is concerned with that aspect of it. Enger stated at that point the Church is not so resistant, but they • expect compensation. Enger reminded the Church we did not have the benefit of the site plan at the time their site was rezoned, and these were some of the things that were intangibles at that time. • Penzel recalled the possibility of a service road was even under discussion at the time of the rezoning for the Church, and did not receive a very negative response at the time since they recognized the potential need for such an access. Pauly asked what commitment Eagle Engerprises should make to the county road improvements before approval is recommended. Enger replied the minimum commit- ment which the City can identify at this time is right-of-way that the County feels they need (60 feet from center line). It is more of a commitment to say they will agree to a reasonable assessment as part of an assessment district. Council Minutes - 5 - Tues.,December 4, 1979 D. Prairie Village Professional by Eagle Enterprises (continued) MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing and adopt Resolution No. 79-218, approving the Prairie Village Professional Planned Unit Development and amending the 1968 Guide Plan. Edstrom, Osterholt, Pauly and Penzel voted "aye"; Redpath "abstained". Motion carried. MOTION: Edstrom moved, seconded by Osterholt, to give a 1st Reading to Ordinance No. 79-41, rezoning from R1-22 to Office and RM 2.5 for an office building and an elderly apartment, Prairie Village Professional by Eagle Enterprises. Edstrom, Osterholt, Pauly and Penzel voted "aye"; Redpath "abstained Motion carried. MOTION: Edstrom moved, seconded by Osterholt, to direct staff to draft a developer's agreement incorporating the Staff and Planning Commission recommendations; waiving the cash park fee on the elderly housing and instructing staff to investigate through HUD the option of some two bedroom/guest facilities, and if their current regulations do not permit two bedroom apartments that we send I a message to Washington with a strong urging that their requirements be modified to permit a percentage of multiple bedroom elderly housing units. Edstrom, Osterholt, Pauly and Penzel voted "aye"; Redpath "abstained". Motion carried. E. Request for Municipal Industrial Development Bond approval for Douglas & Roy Olson/Eagle Drug in the amount of $1,200,000.00. (Resolution No. 79-221) Douglas Olson, one of the owners of Eagle Drug, spoke to the application and answered questions of Council members. ( Finance Director Frane explained the City Attorney's Office has reviewed the documents submitted by the applicant and found them all to be in order. MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing. Motion carried unanimously. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-221, granting preliminary approval for Municipal Industrial Development Bonds in the amount of $1,200,000.00 for Douglas & Roy Olson/Eagle Drug. Motion carried unanimously. F. Request for Municipal Industrial Development Bond approval for Cooperative Power Association in the amount of $8,000,000.00. (Resolution No. 79-220) City Manager Ulstad explained proper notices have been published for this Public Hearing. A Public Hearing was considered previously on this request and approved; however, there was an error in the original publication which legally results in requiring the Council to hold another Public Hearing. Steve Jacobs with the investment banking firm of Dain Bosworth, who will be acting as underwriter for Cooperative Power Association, summarized the application and answered questions of Council members. • Vern Carlson, Assistant General Manager of CPA, and Don Brauer, architect for the project, were also present and responded to questions raised by Council members. Finance Director Frane stated the City Attorney's office, along with himself, have reviewed the documents and find them in order. Daunt t rnaut.es - 6 - Tues„December 4, 1979 F. Request for MIDB's for Cooperative Power Association (continued) Darwin Anderson, Alexandria, Minnesota, representing the Runestone Electric Association, spoke in opposition to the proposed building and referred to letter to dr Charles L. Anderson, President of Cooperative Association along with a letter to Robert W. Feragen, Administrator of the United States Department of Agriculture, Rural Electrification Administration. Mr. Anderson read the resolution adopted by the Runestone Electric Association in opposition to the proposed CPA headquarters in Eden Prairie. (All documents referred to were made part of the record). Tom Rees, State Representative and member of Dakota Electric, asked Mr. Carlson to go into whether the cash flow that the Association now has could handle the planned improvements. Mr. Carlson replied they have sufficient lines of credit to carry any expenditures that they need for the interim period. They expect the total cost of this project is going to be 8 million dollars and have lines of credit that would carry any expenditures that would take place until such time as the sale of bonds. Cooperative Power Association intends to construct the building in more than one segment and will have a portion of the building available about mid-yea of_19B0 to take care of the communications system. This system is applied to ninitj7all of their substations so they know on a real time and current basis-exactly what the demands are at each of the various substations. n, ,...-AP✓ Connie De Buhr, Lakeville, Mn, representing Dakota Electric Association, spoke in opposition to the building CPA is proposing and read from letter dated April 27, 1979 from Mr. Henry Trapp, President of the Dakota Electric Association addressed to Mr. Robert Feragen, Administrator of the Rural Electrification Administration, urging the rejection of the proposed headquarters t in Eden Prairie. Ms. De Buhr stated she has signatures of 3,000 members of DEA opposing the building. Mayor Penzel requested these items be given to the Secretary to be placed into the record. (As Ms. De Buhr only had originals of documents she requested to be able to forward these at a later time, allowing her to make copies of same). Nancy Barsness, Cyrus, Mn., consumer of Runestone Electric, spoke in opposition to the building proposed and stated they had not been properly notifed when CPA was first planning this headquarters. Ms. Barsness presented resolutions from other co-ops opposing the proposed headquarters. (All documents attached as part of minutes). Edstrom asked if Minnesota Valley Cooperative Association has taken a position on this question. Mr. Frankhauser, Director of Minnesota Valley Cooperative Assocation and Cooperative Power Association, stated they voted for the building because it was a matter of moving their entire new SCADA system into the old building, which has to be torn down and removed within a couple of years. It seemed like the most feasible and less expensive way to his 12 members if it could be set into a new place and never have to be moved afterward and would be less cost in the long run. Bill Stone, resident of Burnsville, encouragedCPA, if in fact the new headquarters are to be built, to look into every possible design configuration and make it the most efficient demonstration of the use of energy that could be done so it could serve as an example for the entire midwestern part of the United States. Also expressed concern about the gasoline situation as people will have to be travelling further when the CPA headquarters is located in Eden Prairie. MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 79-220, giving preliminary approval approval for Municipal Industrial Development Bonds in the amount of $8,000,000,00 for Cooperative Power Association, Redpath, Edstrom and Pauly voted "aye"; Osterholt and Penzel voted "nay". Motion carried. 4.11 Council Minutes - 7 - Tues.,December 4, 1979 VI. ORDINANCES & RESOLUTIONS A. Resolution No. 79-219, granting final approval for Municipal Industrial Development Bonds in the amount of $3,000,000.00 for Menard, Inc. Penzel asked if all the documents have been delivered. Finance Director Frane explained the document that was missing was the letter of commitment which has now been delivered. MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No. 79-219, granting final approval for Municipal Industrial Development Bonds in the amount of $3,000,000.00 for Menard, Inc. Motion carried unanimously. B. 2nd Reading of Ordinance No. 79-43, providing regulations prohibiting the Qarking of vehicles and to authorize the designation of areas where parking is prohibited and the ordering and placing of signs relative thereto City Attorney Pauly spoke to the revisions made since the 1st Reading of Ordinance No. 79-43 at the Council's direction. MOTION: Osterholt moved, seconded by Redpath, to approve the 2nd Reading of Ordinance No. 79-43, providing regulations prohibiting the parking of vehicles and to authorize the designation of areas where parking is prohibited and the ordering and placing of signs relative thereto. Motion carried unanimously. C. Resolution No. 79-222, authorizing filing of application for grants to acquire Parkland under the provision of the Federal Land and Water Conservation Fund Act and the State Natural Resources Fund This item was moved to the Consent Calendar (III. C.). D. 2nd Reading of Ordinance No. 79-22, rezoning Lot 11, Block 3, from 1-2 Park to Rural, Yorkshire Point (continued from July 17, 1979). City Planner Enger referred to memo dated November 27, 1979, adding that Mr. Peterson has been notified that this item is on the agenda this evening. MOTION: Osterholt moved, seconded by Redpath, to approve the 2nd Reading of Ordinance No. 79-22, rezoning Lot 11, Block 3, from I-2 Park to Rural, Yorkshire Point. Motion carried unanimously. VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Osterholt requested that consideration be given to the adoption of some broad guidelines for Municipal Industrial Development Bonds at a future Council meeting. B. Report of City Attorney City Attorney Pauly spoke to memo dated November 27, 1979 on the Southwest Suburban Cable Commission Draft Ordinance. No action necessary. 3Uu Council Minutes - 8 - Tues.,December 4, 1979 C. Report of City Manager 1. Receive and award bid for compressor for Fire Department (continued from November 20, 1979) This item was moved to the Consent Calendar (III. D.). 2. Discussion of Resolution No. 401 relating to snowmobiles Director of Community Services Lambert reported that the Parks, Recreation & Natural Resources Commission on December 3rd recommended that temporary trails be provided at Bryant Lake Park as per Staff's recommendation. MOTION: Osterholt moved, seconded by Redpath, to instruct staff to post temporary-snowmobile trails as recommended by the Parks, Recreation & Natural Resources Commission and Director of Community Services Lambert. Motion carried unanimously. Lambert added he would write letter informing the people what is going to be done. MOTION: Osterholt moved? seconded by Edstrom, to continue the Council meeting past the scheduled 11:30 PM adjournment time. Motion carried unanimously. D. Report of Planning Director 1. Sutton 1st Addition by Michael N. Sutton. Request to preliminary plat 4.7 acres zoned R1-22 into 6 lots. Located west of Baker Road and South of Theresa Place cul-de-sac (Resolution No. 79-217) • City Planner Enger explained the request by Mr. Sutton is for a preliminary plat for 6 lots directly south of Forest Hills Kings Forest Addition adjacent to Baker Road on 5 acres of property. The existing zoning on the property is R1-22 with 1/2 acre lotting. They are not requesting a change in the zoning. This request was reviewed by the Planning Commission at their November 19th meeting and was recommended for approval subject to the Staff Report dated October 16, 1979. Enger added there is a question as to the storm sewer runoff1as currently there is no outlet out of the site. City Staff has received calculations from Mr. Miller that do indicate they have the capacity to contain the 100 year event on the property itself, and looking toward a subsequent outfall of the storm sewer with an improvement to Baker Road or subsequent development east of Baker Road. - City Engineer Jullie stated he did review briefly the calculations the proponents have submitted, and he is not totally familiar with the method that they used to compute their storage volume. However, just using some other rough rules of thumb, it looks like they do have a suffi- cient storage volume provided for. City Planner Enger responded to points raised in letter submitted by Mrs. Scherber, 13730 Theresa Place. Mrs. Scherber explained they own the panhandle shaped lot, and requested the house be changed on lot l to fit in with the existing houses that are already there. Mrs. Scherber stated she was requested by Mr. Jacobs, who owns the land just south of her, to speak on his behalf, i.e., Mr. Jacobs is not hooked up to sewer and there are quite a few other lots that are not hooked up to sewer and he wanted to have a main line brought down through the back of his lot and hook somehow to Theresa Place. 36,11 Council Minutes - 9 - Tues.,December 4, 1979 1. Sutton 1st Addition by Michael N. Sutton (continued) Penzel suggested Mr. Jacobs petition to the City Engineer for this improvement. Mr. Miller replied they have discussed this with Mr. Jacobs and the proponents will provide a easement for a future line as requested, provided it doesn't damage a building site. Dr. Richard Greene, 13731 Theresa Place, expressed concern about the exist- ing trees and his desire to save same. Jack Hacking, 13675 Theresa Place, spoke of the concern he has for the storm sewer as his lot has been flooded about 3 or 4 times in twelve years. MOTION: Pauly moved, seconded by Redpath, to adopt Resolution No. 79-217, approving the preliminary plat for Sutton 1st Addition by Michael N. Sutton with stipulations as follows: 1) the alignment of the proposed house on Lot 1, Block 1, 2) proper alignment of the extension of Theresa Place to minimize the damage to the existing vegetation, and 3) restriction of any alteration or construction of lot 5 until such time as positive drainage for the area has been developed. Motion carried unanimously. MOTION: Pauly moved, seconded by Redpath, to direct the Engineering Department to look into the feasibility of storm sewer for the area and report back to the Council. Motion carried unanimously. ( 2. Report on Community Development Block Grant for 1980 Planning Oirector Enger spoke to memo dated November 21st and the recommendation of the Planning Commission to the City Council for continuance of the 1978 three year plan for 166 elderly housing units through either rehabilitation of existing homes or the development of new housing through the banking of Community Development Block Grant fund money. MOTION: Redpath moved, seconded by Osterholt, to approve the recommendations of the Planning Commission from meeting held November 26, 1979. Motion carried unanimously. E. Report of City Engineer 1. Water Plant Expansion Plans City Engineer Jullie spoke to his memo dated November 29, 1979 and answered questions of Council members. MOTION: Osterholt moved, seconded by Edstrom, to authorize Staff to conduct interviews with 3 - 4 consulting engineering companies and to report back to the Council within the next 6 - 8 weeks with a recommendation for engineering services for this project. Motion carried unanimously. VIII. NEW BUSINESS No New Business. IX. ADJOURNMENT MOTION: Redpath moved, seconded by Osterholt, to adjourn the Council meeting at 11:59 PM. Motion carried unanimously. aa- CITY OF EDEN PRAIRIE CLERK' LICENSE APPLICATION LIST DECEMBER 18, 1979 CONTRACTOR (1 & 2 FAMILY) FOOD HANDLERS TYPE A K. Wayne Arms The Famous Chocolate Chip Cookie Co. Lance Bartlett, Inc. D & C Construction Inc. VENDING MACHINES Willard Eggan Construction Inc. Fasco Tax Compliance Manager Fetz Construction, Inc. Hastings Building Co. Inc. Liliquist & Sun, Inc. Peterson Maint. Corp. S. J. Schneider Construction Co. S & M Builders Inc. Trones Construction Co. CONTRACTOR (MULTI-FAMILY & COMMERCIAL) Arteka, Incorporated Condon-Naegele Realty ►tj Construction 5, Inc. J. R. Parrish Construction Co. Ryan Construction Wilson Learning Corporation HEATING & VENTILATING Dependable Heating & Air Conditioning Fredricksons Heating & Air Conditioning Hearth & Home Co. K & K Heating & Plumbing, Inc. GAS FITTER Heating Innovators Co. K & K Heating & Plumbing, Inc. Thermex Corporation PLUMBING K & K Heating & Plumbing, Inc. Dale Sorenson Co. 33 CLERK'S LICENSE APPLICATION LIST Page Two 1980 RENEWAL LICENSES • 3.2 BEER ON SALE CIGARETTES & TOBACCO Cedar Hills Donn & Margies Donn & Margies Eden Prairie Grocery Edenvale Golf Club Eden Prairie Legion Assn. Jake's Ice Cream & Pizza Parlor Edenvale Golf Club Lions Tap Lions Tap Olympic Hills Golf Club Schmidts Market Powers Dry Goods Co. Worrell's Valley Dairy Schmidts Market Wye Cafe 3.2 BEER OFF SALE Donn & Margies Eden Prairie Grocery Eden Prairie Legion Assn Edenvale Golf Club Lions Tap - P.D.Q. Food Stores Pennys Super Market Schmidts Market Worrell's Valley Dairy Wye Cafe WINE ON SALE Powers Dry Goods Co. CLUB LIQUOR LICENSE Eden Prairie Legion Assn. ON SALE LIQUOR LICENSE Genghis Khan of Sapporo Olympic Hills Corp. • These licenses have been approved by the department head responsible for the licensed activity. ( " ` Cindy M. Plante, Licensing Clerk • • 341)3 4 • 11511 • pt.Ci3 car investments December 11, 1979 Mr. Roger Ulstead, City Manager City Of Eden Prairie 6950 Eden Prairie Road Eden Prairie, MN 55344 Dear Roger: Cor Investments respectfully request to be placed on the next City Council agenda for the first public hearing of Cor Investments development proposal. We appreciate your continuing attention. Sincerely, Al Rubinger/Partner AR/ra y • • 36211 • • Hceinbmamcze selst December 11, 1979 City Council City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Cent lerben: • On December 10, 1979 the Eden Prairie Planning Commission approved our request to rezone Michelangelo Gardens 36.6 acres from Rural to RM 2.5, and our request for preliminary approval for seven lots and approval of an Environmental Assessment Worksheet. I hereby request to be placed on the City Council Agenda for January 22, 1980. Sincerely, RE! T ENTERPRISES, INC. David T. Field Real Estate Division DTF/dl • • • ' T REMBRANDT ENTERPRISES, INC. 3e34 HERITAGE DRIVE • 60U61,MINNESOTA 56436 • Mtn 920•9145 36•aS • The1c5) reserve December 13, 1979 • Honorable Wolfgang Penzel, Mayor tv Eden Prairie City Council • City of Eden Prairie • 8950 Eden Prairie Road Eden Prairie, MN 55344 c.. RE: Request for Council Public Hearing Olympic Hills Sixth Addition Dear Mayor Penzel Mayor and Council Members: The Preserve and Olympic Hills corporation respectfully request that the council set a public hearing for January 22, 1980 to consider the platt- ing and rezoning of the proposed project area. On December 10, 1979 the Planning Commission recommended approval of the project as revised from its earlier submission. • •:pefully the changes that were made in number of lots, lot sizes and particularly the commitment by the owners of Olympic Hills Golf Club to no further development within the golf course area will satisfy the very valid concerns expressed by council members early in 1979. • Thank you for your consideration of this proposal. Respectfully submitted, THE PRESERVE Larry Peterson Director of Marketing LP/jl • 3Gat 11111 Anderson Lakes Parkway,Eden Prairie,Minnesota 55344 • (612)941.2001 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 79-229 A RESOLUTION APPROVING FINAL PLAT OF DUCK LAKE VISTA WHEREAS, the plat of Duck Lake Vista has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Duck Lake Vista is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated December 12, 1979. • • B, That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- • trar of Titles for thier use as required by NSA 462.358, Subd. 3. c, 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. D. 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 Worfgang H. Penzel, Mayor ATTEST: SEAL • John Oane, Clerk • 3 Gad 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: December 12, 1979 ' SUBJECT: DUCK LAKE VISTA PROPOSAL: The developer, Tim Pierce and Associates, Inc., are requesting City Council approval of the final plat for Duck Lake Vista. This is a single family residential plat consisting of 32 lots (approximately 20 acres) located south of Chicago, Milwaukee, St. Paul & Pacific Railroad and west of County Rd. #4 in Section 8. HISTORY: The preliminary plat was approved by the City Council on July 3, 1979, per Council Resolution 79-124. Zoning to R1-13.5 was finally read and approved by the City Council on September 4, 1979, per Ordinance #79-23. The Developer's Agreement referred to in within this report was executed on September 4, 1979. VARIANCES: Item #6 of the Developer's agreement covers variances. UTILITIES AND STREETS. The street name "North Hillcrest Court West," shown on the enclosed plat, will be changed to "North Hillcrest Court." Additional R/W from the School District has been acquired so that the new street will align properly with existing North Hillcrest Court and the east side of Co. Rd. 4. The installation of utilities and streets are covered in items 3, 4, 5 and 9 and Exhibit C of the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in Exhibit C of the Developer's Agreement. BONDING: The requirements for bonding are covered in Exhibit C of the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Duck Lake Vista in conformance with the requirements of this report and the following: 1. Receipt of fee for City Engineering services in the amount of $960.00. 2. Receipt of cash deposit for street lighting in the amount of $984.00 • 301 10-23-79 /11-14-79 Nemec Knolls DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 by and between MR. DONALD.A. NEMEC AND DORIS H. NEMEC, husband and wife, hereinafter referred to as "Owner" and by the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: • WHEREAS, Owner has applied to City to rezone from Rural to R1 - 13.5 approximately 3 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 5 lots for single family residences. NOW THEREFORE, in consideration of the City adopting Ordinance 79-36, 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 July 18, 1979,reviewed and approved by the City Council on October 16, 1979, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C_, attached hereto and made a part hereof. 3. Owner shall convey by Warranty Deed that part of the property shown as floodplain on Exhibit B_, outlined in green to the City imediately upon filing of the plat and prior to issuance of any building permits upon Lots 1&2,Block l;and Lots 182, Block 2.Exhibit B.Owner shall not grade or permit or cause to occur any construction upon the floodplain. 4. Owner shall, prior to submission of the final plat for approval by City submit to the City:s Engineer, easements for the proposed road cul-de-sac as depicted on Exhibit B. 5. Owner shall grant to City a scenic easement or provide restrictions and covenants as may be required, and in such form as may be approved by City, prohibiting and restricting the grading or placing of soil upon, removal or cutting of vegetation, planting of any indigenous vegetation or • construction of any building or structure upon that portion of the property depicted as Outlot B on Exhibit B. 30'9 Agreement-Nemec Knolls paQe 2 IN WITNESS WHEREOF, the parties to this agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota • BY: Wolfgang H. Penzel, Mayor • BY: STATE OF MINNESOTA) Roger K. Ulstad, Manager )SS. COUNTY OF HENNEPIN The foregoing instrument was acknolwedledged before me this day of , 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City Manager, of the City of Eden Prairie on behalf of the corporation. Notary Public -- • OWNERS: ona A. Nemec A STATE OF MINNESOTA) Doris H. Nemec SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this3C day of�k�1_ ,.�•� _0979 by Donald A. Nemec and Doris H. Nemec, husband and wife. Notary Public .. 7. .LY L..—I.INe•Th NOY h'NN#~~.••N1• 3430 t. All that part of the West 1 of the Northwest Is of Section 26, Township 118, Range 22. lying Northerly, Northwesterly and Westerly of the center line of Purgatory Creek and Easterly of the following described line: Beginning at the point of intersection of the center line of State Aid Road No.1, also known as County Road No. 1 and a line parallel with and 561 1/3 feet East of the West line of said Section 26; thence in a Northwesterly direction to the Northwest corner of said Section 26. EXHIBIT • A { 3(.31 • • • 1 • . . - , `• • , . - • ( • . --- - ------- I • • • • ..., . Y•14 ' . ' • ..) 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'' .`5-e''''',..f,N..; _ . a, ' • • '.A..,-- .\ I I n ...:' ‘1' ••• 0•••;••••-, r..• 1 .' ---',...--.L.:Ts-77- • •••-j ..-3 ........ i . .\. ,.. , .....' \\ 1 ,-- , -... ,,,F,-.2.,,,... .:--:415,,, • ty: : • L ,...____Al._______•• * \ \ ‘ °•-c-\ \\I' .."\ 1;'''-e "i--- 7 '—. ' vi' "*•: \-7 A • 'A • .A. k .• 4'4....1 s l'...............•.. . \ •r:'••••:,.....!A•••-•..„__ it ••••••....,'• .___::::.. .,....; \ .5, 1.•It.‘\ :\ 2 4‘\''':.:-:. iN., ::.-:-.4 ,\ ''• 'i,i,..-4:._."-----"---; r• ----1- ..... ._ ••• \\'‘. •',.... i.. .A':``.,\::, \,t‘‘,t..\,...., „•- •-"--'-',..t:itti'% , '\.".. . .‘' ""--.1'. "4.4-;: --.. - -..,..-•,-\ A. ,\ k:.....,,,..,..-.;,. •_.. t.3.-..1.\\\,<?.„..a.„... .. „.<7,...t.:,... i., . .; • ,, .. --..c, , .:--....._ _yr....,.. ___ ------- ‘ \• ‘ 1 \'--' . . -'> .1--''',.K\r,,4t,-.-'-s-:-.t'''';;'1 1'. I , \ NI.1 --.-'-'7,_-,77-7--7*-Z` ;.f. .. ,..,_ \ - '. 1\ ' "•--------..-^1 • i .-,7:::::-.:- .•-,;••.: , ... 7:::-........`....,, ......a, / \,• ' -• ''''.- /1.," , ' '• ''•••,..••5--;1 -1.--7- --.e.4.4‘.• ' -`.,1-'IN__ 1 —----- \.,\..,A...\ '''' • ,/,',,..-,, -..;;;;•,......-,•••••,_ `-_-_-::::-.... ....- ....li',..s.. \s,„, /...,,s, s-iv \ ...1 _.....•••• . 1 . ....;:. . _ c(tc.,tit,/:_. • ..s.,,,....":.•••• .(4:4,42,3:•••;,:.,.,:;? ,N,...;.,, , ;,,:\,.\...\,\\N„\ , - . 1 t•-- . f /(/ . - . ‘'''''••: ...- $ '---"•":-:-..;:s..7‘...,..i S.,:`,--......„ `-'''..\`', 1 -----" . --,..! _,.._- , .•N *.k 1 ' ( '... ,..."Z . • I --, ..._..'.: t''' 1)--••••:.Z j %;.. .-::.....----••›-Z:s7","."---,......------! • ----"5" . •\\ . :‘,.. ,-----../ •\••,,\.„, 1 --..*.„•:._ z .....41.,4...........f:„..--__„::?s..,__.,;.......„), -...._.....;,••• ... \ . s-s. - ----' • `k`..: \ A.,. --:c•-• ..._,,,..-_,-.::...,...-z, ‘....-z-,.. ''''" --- --: .t.. `...'• ' •-•----•''' ---:„„::-.f..:--.4,3:<::--7-_---.----:------7*, %V4., \•_ '. .-- -21 --.:..-- -- :,*`.,'T.:7,Z:: ‘. , 0:43--„,',:`...:,.>`...........„: ••.\ , ,..,.... . ....., .„......? ..„. . , ...... ...t.Z?:..'-•:------7_7----...'••,\, , '''-....., ‘-',,,,,_ ...•7 s‹.:=2, :'N • - ..„,:-.„1„F)-----Z:,..•••\‘‘,,, „-----_ 4•:•• <:,,,."`4.. .:. ' •,••• , , '`,.4"'z-- --.-j-.---Z . :-_...---.1-''----:'?...-- ..k•., '_...:::c". -.....' ‘ .',... *, •-.. -=,-,-,„,--._ _-. ..;,,,... __--2",-_-.-. , .......,:-‘,„, . A ..... <, ...., •,.- . . -"-4;...-. ,...:--_------;-:-._.:•-- .‘", , ••• • ... E..':'•••••-,•,..I.2: ..:;•.‘•••-----zz.-,...."2-_7::...."-.1'•.:Z.;,' :•••••••• s' i..• .• N„ • . i ' •• '.. ; ...) i - • 1 : •••• s••••••.•-.• ''.. • •.V • • .•:j•LLL,.. •- • 'Vte.' .4' •<• e.e,:o, .- :••••••• . ,...‹ • :'• ••••• ••.C./ • '••••• ••• • • • NEMEC KNOLLS "EXHIBIT B" • . . July 18, 1979 . `332. • .DEVELOPER ' S AGREEMENT EXHIBIT C page 1 of 4 • I. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water • drainage areas and direction of flow, preliminary utility plans, ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of the final plat shall be subject to approval of the development plan by the City Engineer. II. Owner shall submit detailed construction and storm sewer plans to the Riley-Purgatory Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, ( the amount of cash park fee applicable to the property is $ 325 per lot . The amount tb be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver:to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. • • Page 2 of 4 Exhibit C • V. A. All sanitary sewer, watermain and storm sewer facilities, streets, curb, gutter, sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or , 19 Upon completion and acceptance, Owner warrants and guarantees the improvements against any defect..in materials or workmanship for a period of two (2) years following said. completion and acceptance.. In the event of any defect in materials or workmanship within said 2 year period said warranty and guarantee shall he for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. 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 improvements have been completed, inspected and tested in accordance with City-approved plans and speci- fications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the, terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer ,and receipt of as-built drawings. • The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B. In lieu of the obligation imposed by subparagraph V. A. above, Owner may submit a 100% petition signed by all owners of the property, requesting the City to install the improvements. Upon approval by the City Council, the City may cause said improvcments to be made and special assessments for all costs for said improve- ments will be levied on the property, except any property which is or shall be dedicated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for j rough grading of streets included in the improvements to a finished 1 subgrade elevation. Contractor's obligation with respect to the • rough grading work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and materials expended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required1 by' the City Engineer. / '3({ page 3 of 4, Exhibit C C. Owne shall s bmit to the City Engineer a development plan showing existing conT0urs, proposed grading, finished elevations, streets,scwer, water and storm sewer preliminary alignment and grades, minimum floor elevations, and arrows showing direction of surface drainage, locations l of trails, etc. D. All private improvements shall conform to the City's building code requirements. E. Owner shall promptly upon a bill being rendered by the City therefore, 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 curborinlieu 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 4" 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. 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. Pane 4 of 4 Exibit C 4 1 IX. Provisions of this Agreement shall be binding upon and enforce- able against Owner, its successors, and assigns of the property herein described. X. Owner represents and warrants it 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. 34 RAP CITY OF EDEN PRAIRIE Nemec Knolls HENNEPIN COUNTY, MINNESOTA Ordinance No. 79-36 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 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 hereinafter 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 • Donald A. Nemec and Doris H. Nemec, husband and wife, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-13.5 District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of _, 1979, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1979. Wolfgang H. Penzel - Mayor ATTEST: l John D. Frane - City Clerk PUBLISHED in the Eden Prairie News on the day of , 1979. 5031 l All that part of the West 11 of the Northwest 14 of Section 26, Township 118, Range 22, lying Northerly, Northwesterly and Westerly of the center tine of Purgatory Creek and Easterly of the following described line: Beginning at the point of intersection of the center line of State Aid Road No.1, also known as County Road No. 1 and a line parallel with and 561 1/3 feet East of the West line of said Section 26; thence in a Northwesterly direction to the Northwest corner of said Section 26. EXHIBIT A • Jva • • Willow Creek Farm DEVELOPER'S AGREEMENT ( THIS AGREEMENT, made and entered into as of , 1979 by and between VERNON C. GEIGER ANO BARBARA A. GEIGER, husband and wife, herein- after referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City", WITNESSETH: . WHEREAS, Owner has applied to City to rezone from Rural to R1-22 • approximately 8 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 plat and develop the property into 5 lots for single family residences. NOW THEREFORE, in consideration of the City adopting Ordinance 79-42, 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 Oct. 5, 1979 reviewed and approved by the City Council on Oec. 4, 1979 and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements and conditions • set forth in Exhibit C, attached hereto and made a part hereof. 3. Owner shall not apply for, nor shall Owner be granted, any platting of the property other than the 5 lots (2 of which shall be in excess of 2 acres each and 3 of which shall be in excess of 1 acre each) as depicted on Exhibit B. 4. Owner shall notify the City Planning Department Staff and the Watershed District Staff 48 hours prior to any land alteration, (i.e., grading or filling). • • • Developer's Agreement-Willow•Creek Farm page 2 (r IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corpora- tion of the State of Minnesota BY: • Wolfgang H. Penzel, Mayor BY: STATE OF MINNESOTA Roger K. Ulstad, Manager SS.' COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. Notary Public VERNON C. GEIGER ARBARA A. GEIGER, 1 husban /J BY: G// rnon C. Geiger BY: --- — Barbara A. Geiger • STATE DF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _ day of 1979 • by Vernon C. Geiger and Barbara A. Geiger, husband and wife. Notary Public • 300 WILLOW CREEK FARM: Legal Description 4610 COM AT A PT IN WLY LINE OF STATE HWY NO 169 DIS 682 88&1O0 FT SLY MEAS ALONG SAID ROAD LINE FROM ITS • INTERSEC WITH N LINE OF SW 1&4 OF NW 1&4 TH S 78 DEG 10 MIN W DIS ' • 770 FT TO ACTUAL PT OF BEG TH N 78 DEG 10 MIN E TOW LINE OF US HWY 56712-4610 •C PAGE 3 of 4 169 TH NLY ALONG SAID ROAD LINE 270 FT TH N 79 DEG 55 MIN W DIS 285 5&10 FT TH N PAR WITH W LINE OF SW 1&4 OF NW 1 & 4 DIS 142.5 • FT TO S LINE OF WILLOW CREEK ROAD.TH SWLY ALONG SAID ROAD LINE TO ITS INTERSEC WITH A LINE PAR WITH AND 80 18&100 FT E FROM W LINE OF SW 1&4 of NW 1&4 SEC 12 TH S ALONG SAID PAR LINE TO A PT 400 FT S FROM 56712 - 4610 C PAGE 4 of 4 N LINE THEREOF TH W 80 18&100 FT TH S 87 DEG 30 MIN W TO SELY LINE OF LOT 1 OF WILLOW CREEK TH S 35 DEG 33 MIN W ALONG SAID LOT LINE TO THE SE COR THEREOF TH W 44 FT TO SHORE OF BRYANTS LONG LAKE TH SLY ALONG SIAD SHORE LINE TO ITS INTERSEC WITH A LINE BEARING N 36 DEG W FROM BEG TH S 36 DEG E TO BEG INCL RELICTIONS AND•ACCRETIONS • 4620 COM AT A PT IN W LINE OF SW 1&4 OF NW 1&4 SEC 12 DIS 400 FT S FROM THE NW COR THEREOF TH E 80 18&100 FT TH N PAR WITH SAID W LINE TO THE S LINE OF WILLOW CREEK ROAD TH WLY ALONG SAID ROAD LINE TO THE MOST ELY COR OF LOT I WILLOW CREEK TH SWLY ALONG SAID LOT 56712 4620 C PAGE 3 of 3 LINE TO ITS INTERSEC WITH A LINE BEARING S 07 DEG 40 MIN W THRUH PT OF BEG TH N 87 DEG 30 MIN E TO BEG EXHIBIT A 3641 •I ` N 4 ` t•` N k • : s • r • I . .1 ' • • . / ., / M li ik- . _____t_ .....0 .........,,,, 11% ? ,... . _.... .---p----- jeiloOr- .10.441441N .0111111111111.°1111111.11. 00110, "P I:I 1 f s o(.1.) \ � �`� Aso :,, t; ,:,. _....,....,, .:, ,, ill ) a a(,..,,c,) , (,,,, ,.' 4 ) i. frop \ .., ', i 116.-v-54 'It 4 \ ‘, . .--:-,.... .___________yk..... Joe it ( - - \., b.,,_ . 1, z 03 4 , / p,;(c . . BA . Zs%_ 1 : lijkleY ! 1 .k_-- \Tr so \•\' � ss�--- \ ANI, 1 \-.4\, ., ., to,. tylvl., r ____ . \ il — — sa_ Oct.S, 1979 m �� _ _..,..,�� "EXHIBIT B" \_________ 2 $169 - t` /' � � T ` Page 4 . • DEVELO•PER • S AGREEMENT EXHIBIT C page 1 of 4 • • I. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water • drainage areas and direction of flow, preliminary utility plans, - ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of • the final plat shall be subject to approval of the development plan by the City Engineer. II. Owner shall submit detailed construction and storm sewer plans to the Nine Mile Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $ 325 per lot . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or • supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by • Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. • 34u3 •, Page 2 of 4 Exhibit C V. A. All sanitary sewer, watermain and storm sewer facilities, streets, curb, gutter, sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or , 19 Upon completion and acceptance, Owner warrants and guarantees the improvements against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period said warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. 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 improvements have been completed, inspected and tested in accordance with City-approved plans and speci- fications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer ,and receipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer, a written estimate of the costs of the improvements. B. In lieu of the obligation imposed by subparagraph V.A. above, Owner may submit a ]00b petition signed by all owners of the property, requesting the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any property which is or shall be dedicated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obliga- tion with respect to the rough grading work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and materials expended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. • C. Owner,shall submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, streets,sewer, water and storm sewer preliminary alignment and grades, minimum floor elevations, and arrow$ Showing direction of surface drainage, locations of trails. etc. O. All private improvements shall conform to the City's building code requirements. E. Owner Shall promptly upon a bill being rendered by the City therefore, pay to City fees for first two year street iighting(pubiic streets) engineering review, and street signs. VI. A. Owner shall remove 011 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 a$ such streets and improvements there- in are accepted for ownership and maintenance by City. 0, Within 30 days pf installation of utilities and street curb in any portion pf 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 or in i ieu 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 ;" 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 swaies serving 5 or more lots a minimum distance of 6 feet on either side of the . center of the $wale. 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. VIII. if Owner fails to proceed in accordance with this Agreement with- in 24 months of the dm". hereof and provide proof of filing in accordance with item V11. hereof. Owner for itself, it successors, and assigns shall not oppose rezoning of said property to Rural. 3bgS • • Page 4 of 4 Exibit C IX. Provisions of this Agreement shall be binding upon and enforce- able against Owner, its successors, and assigns of the property herein described. X. Owner represents and warrants it 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 reconrnendations of the City Building Department, prior to the issuance of any permit to build upon the property. • • • • • • • • • . 3t(ULO • JMJ Willow Creek Fann • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESDTA r Ordinance No. 79-42 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE NO. 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES OROAIN AS FOLLOWS: Section I. 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 hereinafter in the R1-22 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 Vernon C. Geiger and Barbara A. Geiger, husband and wife, and the City of Eden Prairie, which Agreement is hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the R1-22 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 4th day of December, 1979 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the __day of , 1979. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane , City Clerk SEAL C PUBLISHED in the Eden Prairie News on the _day of , 19 WILLOW CREEK FARM: Legal Oescription 4610 COM AT A PT IN WLY LINE OF STATE HWY NO 169 OIS 682 88&100 FT SLY • MEAS ALONG SAIO ROAD LINE FROM ITS INTERSEC WITH N LINE OF SW 1&4 OF NW 1&4 TH S 78 OEG 10 MIN W OIS ' ' 770 FT TO ACTUAL PT OF BEG TH N 78 OEG 10 MIN E TO W LINE OF US HWY 56712-4610 ' C PAGE 3 of 4 169 TH NLY ALONG SAIO ROAD LINE 270 FT TH N 79 DEG 55 MIN W DIS 285 5&10 FT TH N PAR WITH W LINE OF SW 1&4 OF NW 1 & 4 OIS 142.5 FT TO S LINE OF WILLOW CREEK ROAO TH SWLY ALONG SAIO ROAD LINE TO ITS INTERSEC WITH A LINE PAR WITH AND 80 18&I00 FT E FROM W LINE OF SW 1&4 of NW 1&4 SEC 12 TH S ALONG SAID PAR LINE TO A PT 400 FT S FROM 56712 - 4610 C PAGE 4 of 4 N LINE THEREOF TH W 80 18&100 FT TH S 87 DEG 30 MIN W TO SELY LINE OF LOT 1 OF WILLOW CREEK TH S 35 DEG 33 MIN W ALONG SAIO LOT LINE TO THE SE COR THEREOF TH W 44 FT TO • SHORE OF BRYANTS LONG LAKE TH SLY ALONG SIAO SHORE LINE TO ITS INTERSEC WITH A LINE BEARING N 36 OEG W FROM BEG TH S 36 DEG E TO BEG INCL RELICTIONS ANO ACCRETIONS 4620 COM AT A PT IN W LINE OF SW 1&4 OF NW 1&4 SEC 12 DIS 400 FT S FROM THE NW COR THEREOF TH E 80 18&100 FT TH N PAR WITH SAID W LINE TO THE S LINE OF WILLOW CREEK ROAD TH WLY ALONG SAIO ROAD LINE TO THE MOST ELY COR OF LOT 1 WILLOW CREEK TH SWLY ALONG SAID LOT 567I2 4620 C PAGE 3 of 3 LINE TO ITS INTERSEC WITH A LINE BEARING S 07 DEG 40 MIN W THRUH PT OF BEG TH N 87 OEG 30 MIN E TO BEG EXHIBIT A • • TO: Mayor and City Council FROM: John D. Frane DATE: December 14, 1979 RE: M.I.D.B.'s for Einess, Norderhus and Anderson - $700.000 The partnership of Del Einess, Lance Norderhus and Reynold Anderson wish to construct a 12,000 square foot building which will contain a bank and medical and dental offices. The building would be located just to the west of the Prairie Village Mall on property which has had a first reading of an ordinance rezoning the parcel to Office which is proper for this use. This facility would employ 15 persons and would cost about $800,000. A public hearing could be set for January 22, 1980. JDF:bw 12/14/79 ( �'�pyj ,mot CITY OF EDEN PRAIRIE, MINNESOTA • ( • Application for Industrial Development Bond Project Financing • 1, APPLICANTS: Del EinessD Norderhus Reynold Anderson ' a. Business Name — • • b. Business Address — 5100a Edina anIndustrial Boulevard c. Business Form (corporation, partnership, sole proprietor— ship, etc.) — Partnership to be organized d. State of Incorporation or organization — MINNESOTA e. Authorized Representative — Del Einess Lance Norderhus Reynold Anderson f. Phone — 835-6866 (Einess, Norderhus) • 721-6621 (Anderson) 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: • Del Einess 5100 Edina Industrial Boulevard a' Suite 217, Edina, Minnesota 55435 b. Lance Norderhus 5100 Edina Industrial Boulevard • Suite 217 Edina, Minnesota 55435 c, Reynold Anderson 4314 Minnehaha Avenue South Minneapolis, Minnesota 55406 • —1— • 1 34,tt91q • • • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL . PRODUCTS, ETC: • REAL ESTATE DEVELOPMENT . • • • 4. DESCRIPTION OF PROJECT Professional Building • a. Location and intended•use: West of Prairie Village Mall and North of TH S. Intended Use: To house Bank and .Professiona_1.Offices b. Present ownership of project site: • Eagle Enterprises, Inc. Zaeco, Inc. c. Names and address of architect; engineer, and general contractor: Architect: Hanley and Associates - General Contractor: Steenberg Construction Company • • 5. ESTIMATED PROJECT COST FOR: Land • $ 120,000 • Building $ 620,000 Equipment $ Other (legal, financing, $ 60,000 • interest'during • construction, contingency) • Total $ 800,000 • • • • _2_ • • • 6. BOND ISSUE - • C a. Amount of proposed• bond issue - $700,000 - b. Proposed date of sale of bond - March,:1980 • • c. Length of bond issue and proposed maturities - 30 years • • d. Proposed original purchaser of bonds - Institutional lender(s) -to be determined e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original . purchaser - NONE g. Describe any interim financing sought or available - To be determined h. Describe nature and amount of any permanent financing • in addition to bond financing - NONE 7. BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? Applicants are owners of Prairie Village Mall Shopping Center, 16500 West 78th Street, Eden Prairie, Minnesota 55344 - Applicants Offices are located in: Edina and Minneapolis. *b. Number of employees in Eden Prairie? Applicants Use Independent Contractors in Maintaining Prairie Village Matt. i. Before this project: -3- . • • • ,' • ii. After this project? As a result of this project, there will be increased employment opportunities in tenant offices (Bank, Medical and dental offices) and in office maintenance functions. It is estimated that the project will generate 15 additional jobs at an annual payroll of $230.000. c. Approximate annual sales - d. Length of time in business Del Einess and Lance Norderhus for 11 years. Reynold Anderson for 30 years. • in Eden Prairie 3 years (Prairie villagp Mall) e. Do you have plants in other locations? If so, where? Shopping Center - Woodbury, Minnesota • • • f. Are you engaged in international trade? NO • 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial • development project(s) in which the Applicant is the .•owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 1O3(b)(6) of the Internal Revenue Code. • • SHOPPING CENTER,-Woodbury, Minnesota • • • • • • • -4- . • • 3443 D . • • • ' b. List all cities in which the Applicant has requested industrial revenue development financing. Woodbury, Minnesota • c. Detail the status of any request the Applicant has before . . .. any other city for industrial development revenue financing. • NONE • d. List any city in which the Applicant has been refused industrial development revenue financing. NONE . • • • • e. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. NONE • • • • • -5_• • 3149E • (— • • f. If Applicant has been denied industrial development revenue financing in any other city as identified • ( in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who , have knowledge of the transaction. - . • N/A . 9. NAMES AND ADDRESS OF: - • a. Underwriter (If public offering) NA • • AGENT • b. Private Placement YnA4VAAT4 (If private placement) . Dougherty, Dawkins, Strand & Ekstrom, Incorporated 414 IDS Center . • Minneapolis, Minnesota 55407 i. If lender will not commit until City has • passed its preliminary resolution approving the project, submit a letter from proposed . lender that it has an interest in the offering subject to appropriate City . approval and approval of the Commissioner • of Securities. • • • j . *Lig r . • t • • r•• ' . b. Bond Counsel — Dors rs ey, t dhorst,Nationa Hannkford, Whitney & Halladay 2ing ( Minneapolis, Minnesota . - c. Corporate Counsel — d. Accountant — Graves Lundeen Almquist • 10. WHAT IS YOUR TARGET DATE FOR: ' • • • a. Construction start — April, 1980 • • b. Construction completion — October, 1980 FOR FURTHER INFORMATION CONTACT: The undersigned Applicant understands that the approval or • disapproval by the City of Eden Prairie for Industrially Development bond financing does not expressly or implieedision constitute any approval, variance, or waiver of any other rule or requirement relating to any zoning, building, or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. Del Einess Lance Norderhus - Reynold Anderson • • pp icant • • I • ate —7— • • 31,143G ' • • 0... 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT � w�- a. Property is zoned - -ZZ e 4 9 vvtZO - ors. „11 b. Present zoning (is) ( - not correct for the intended use. - c. Zoning application received on for . which is correct for the intended use. d. Variances required - • City Planne • • • • • -g- • • 3199 l TO: Mayor and City Council • FROM: John D. Frane DATE: December 14, 1979 • RE: M.I.D.B.'s for Tekcom Properties - $1,250,000 The applicant intends to construct a 63,000 square foot office warehouse facility on Lot 4, Block 1 of Shady Oak Industrial Park 3rd. The applicant is a packager of electronic components and the new facility would employ an additional 26 persons. The estimated cost of the project is $1,978,000: the Council has passed a first reading of an ordinance rezoning the property to I-2 Park. A public hearing could be scheduled for January 22, 1980. JDF:bq 12/14/79 O I . • CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing • 1. APPLICANT, a. Business Name - Tekcom Properties ' b. Business Address - 7586 Washington Avenue South Eden Prairie, Minnesota 55344 c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - Partnership • d. State of Incorporation or'organization - Minnesota e. Authorized Representative Ronald Schwinkendorf • f. Phone - 941-4148 • 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: a. Ron Schwinkendorf, 6500 Warren, Edina, Minnesota b. John G. Mutschler, 6516 Warren, Edina, Minnesota C. • -1- • 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL r PRODUCTS, ETC: Packager of electronic components into forms suitable for automated electronic assembly operation. • 4. DESCRIPTION OF PROJECT Office/warehouse building a. Location and intended-use: Lot 4, block 1, Shady Oak Industrial Park, Third Addition. Office, warehouse and light assembly. 4 3, a-o-° '1 !r b. Present ownership of project site: Richard W. Anderson, Inc. c. Names and address of architect, engineer, and general contractor: • To be ascertained. 5. ESTIMATED PROJECT COST FOR: Land $ 354.000 Building $ 1,546,000 Equipment $ Other $ 78,000 • • r Total $ 1,978,000 • _2— !6. BOND ISSUE - i a. Amount of proposed bond issue - $1,250,000 80 b. Proposed date of sale of bond - 6/1/ c. Length of bond issue and proposed maturities - 30 years d. Proposed original purchaser of bonds - Not available at this time. Miller E Schroeder Investment Corp. is the placement agent. e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original purchaser - N/A g. Describe any interim financing sought or available - Construction mortgage to be placed with a banking institution. h. Describe nature and amount of any permanent financing in addition to bond financing - None ?» BUSINESS PROFILE OF APPLICANT. a. Are you located in the City of Eden Prairie? Yes b. Number of employees in Eden Prairie? i. Before this project: 19 • -S- *SOC i • ' ii. After this project? 45 • c. Approximate annual sales - $675,000 d. Length of time in business S years in Eden Prairie 4 years e. Do you have plants in other locations? If so, where? . No • • • • f. Are you engaged in international trade? MP ' • 8. . OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): a. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "releated person" within the meaning of Section 1O3(b)(6) of the Internal Revenue Code. None • • • -4- • r • ' b. List all cities in which the Applicant has requested industrial revenue development financing. • None • • • • st the t has before c. Detanyail otherecitytus of any for ig ustrialedevelopmentirevenue financing. None -. • d. List any city in which the Applicant has been refused industrial development revenue financing. None • e. List any city (and the project name) where the Applicant has al to final capprovalreliminary authorizing pthevfinancing proceed in has been denied. None • -5- 36sa (. r- • • f. If Applicant has been denied industrial development F revenue financing in any other city as identified in (d) or (e), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. None • • 9. NAMES AND ADDRESS OF: a. Underwriter (If public offering) N/A • b. Private Placement Purchaser (If private placement) The respective purchaser of this tax exempt mortgage will be a financial institution such as a life insurance company or a savings and loan association. We intend to close this transaction toward the end of the first quarter of 1980; there- fore we have not received a written commitment. i. If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the Commissioner of Securities. • • • —6- 36sa-F • • • • b. Bond Counsel - Lyn Endorff. Dorsey, Windhorst, Hanna ford, Whitney and Halladay. c. Corporate Counsel -Stan Efron of Hansen & Efron 1200 Title Insurance Building Minneapolis, MN 55414 d. Accountant - Dave Lurie, . Glickman, Lurie, Eiger, Besikof, LTD • 621 Lilac Drive, Minneapolis, MN 55422 10. WHAT IS YOUR TARGET DATE FOR: a. Construction start - January 1, 1986 . . b. Construction completion - June 1, 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 Prairie, or any other law applicable to the property included in this project. Applicant . XX;61,1/i. a4/3.6‘..Ze.:-.-- • ( feezda.€4-,3 if` f. . . • bate • -7- 3 soE, • • 11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT a. Property is zoned - rctrzt t -- 1:yrFignwRO elluet,4 Rm ,oNt sih ID S Z RI, 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 Planner • • • • • • • • • -8- Ys° t C TO: Mayor and City Council FROM: John D. Frane DATE: December 14, 1979 RE: M.I.D.S.'s for S.K.S. Properties - $1,000,000 Robert Strochota, Terrence Kingston and Peter Sontag intend to construct a 43,5OD square foot office warehouse facility on Block 2, Lot 7, Edenvale Industrial Park (next to Crown Auto). The facility has an estimated cost of $1,200,600. Space would be leased to as many as 4 tenants who could employ 70 persons. The property is zoned I-2 which is correct for the intended use. A public hearing could be scheduled for January 22, 1980. • �. JDF:bw 12/14/79 • • CITY OF EDEN PRAIRIE, MINNESOTA APPLICATION FOR • INDUSTRIAL DEVELOPMENT BOND PROJECT FINANCING • I. APPLICANT A. Business Name • SKS Properties B. Business Address 2415 Sherwood Hills Road Minnetonka, Minnesota 55343 C. Business Form General Partnership D. State of Incorporation or Organization Minnesota E. Authorized Representative Robert J. Strachota F. Phone 835-6531 II. NAMES AND ADDRESSES OF PRINCIPALS A. Robert J. Strachota SKS Properties 2415 Sherwood Hills Road Minnetonka, Minnesota 55343 • B. Terrence E. Kingston SKS Properties 2415 Sherwood Hills Road Minnetonka, Minnesota 55343 C. Peter M. Sontag SKS Properties 2415 Sherwood Hills Road Minnetonka, Minnesota 55343 l to • • III. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL { PRODUCTS, ETC • SKS Properties was formed for the purpose of real estate investment. The principle business of the partnership will • be the development, construction, leasing, and management of the project referred to herein. The objective of the partnership is long term ownership of the project. • IV. DESCRIPTION OF PROJECT • • • A. Location and Intended Use The project will be a 45,434 square foot concrete foundation and steel frame office-warehouse facility of above average construction. The parcel is located at Block Two, Lot Seven in the Edenvale Industrial • Park next to the Crown Auto Stores building. Corporate Way provides access to the site. Space ipl the building will be leased to as many as four tenants. B. Present Ownership of Project Site • SKS Properties has entered into a Purchase Agreement with Edenvale, Inc. for the project site. Earnest money of $15,000 has been paid with the balance of the price of the land to be paid at the date of closing, December 15, 1979. The Purchase Agreement is subject to SKS Properties obtaining Industrial • Development Revenue financing and may be extended • for thirty days upon payment of an additional $5,000 • of non-refundable earnest money. C. Names and Address of Architect, Engineer, and General Contractor • John Strachota individually. Though Mr: Strachota is • employed by Hammel, Green & Abrahamson, Inc., 2675 • University Avenue, St. Paul, architectural and engineering . contracts will not be made through Hammel, Green & Abrahamson, Inc. V. ESTIMATED PROJECT COST • A more complete breakdown of the costs accompanies this application. • Land $ 200,000 • Building 867,800 Other 132,800 Total $ 1,200,600 • • 3661 • VI. BOND ISSUE A. Amount of Proposed Bond Issue Approximately $1,000,000 B. Proposed Date of Sale of Bond January 31, 1980 • C. Length of Bond Issue and Proposed Maturities 28 year level debt service with monthly amortization of principal and interest (tax-exempt mortgage structure). D. Proposed Original Purchaser of Bonds National Farmers Union Insurance Company E. Name and Address of Suggested Trustee Not applicable F. Copy of any Agreement Between Applicant and Original Purchaser C Not applicable G. Describe any Interim Financing Sought or Available A separate construction loan will be arranged on a tax-exempt basis. A Buy-Sell Agreement will be executed between permanent lender and construction lender whereby the permanent lender will "Buy" the loan from the construction lender upon completion of construction and occupancy by tenants. H. Describe Nature and Amount of Any Permanent Financing in Addition to Bond Financing None VII. BUSINESS PROFILE A. Are you Located in the City of Eden Prairie? No B. Number of Employees in Eden Prairie 1. Before this project None 3L51 e 2. After this project d Approximately 70 persons will be employed by the tenants occupying the facility. C. Approximate Annual Sales Not applicable. (A pro-forma statement of revenues and expenses of the project accompanies this application). D. Length of Time in Business Because the partnership was recently formed for the express purpose of developing and owning the project, the partnership does not have a business track record. The individual partners however, have substantial • business experience in related areas. Please refer to the accompanying resumes for a description of the partners' backgrounds. E. Do you have Plants in Other Locations? SKS Properties has no interest in other buildings in other locations. The partners individually have interests in certain other residential investment real estate. • F. Are you Engaged in International Trade? No VIII. 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 related person" within the meaning of.Section 103(b) (6) of the Internal Revenue Code. None B. List all cities in which the Applicant has requested • industrial revenue development financing. • None C. Detail the status of any request the applicant has before any other city for industrial development revenue financing The Applicant does not have any request before any other city for industrial development revenue financing. i D. List any city in which the Applicant has been refused industrial development revenue financing. None E. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. • None F. If Applicant has been denied industrial development revenue financing in any other city as identified in (d) or (e) , specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. Not applicable IX. NAMES AND ADDRESSES A. Underwriter This offering is a private placement whereby Dain Bosworth Incorporated (formerly Dain, Kalman & Quail Incorporated) , 100 Dain Tower, Minneapolis, Minnesota, will act as investment banker and placement agent. B. Bond Counsel Verlane L. Endorf Dorsey, Windhorst, Hannaford, Whitney & Halladay First National Bank Building Minneapolis, Minnesota 55402 C. Corporate Counsel • John Harper III Hadlick and Hoedeman P.A. 1740 Dain Tower Minneapolis, Minnesota 55402 D. Accountant Gerald Benik C.P.A. Elmer, Fox, Westheimer & Company 7900 Xerxes Avenue South Suite 1800 Minneapolis, Minnesota 55431 Ron Brekken C.P.A. 7321 Dupont Avenue South Richfield, Minnesota 55423 3651E • X. WHAT IS YOUR TARGET DATE FOR A. Construction Start 2/1/80 B. Construction Completion 8/1/80 XI. FOR FURTHER INFORMATION CONTACT Thomas R. Lohmann Assistant Vice President Dain Bosworth .Incorporated 100 Dain Tower Minneapolis, Minnesota 55402 (612)371-2896 • The undersigned Applicant understands that the approval or ( disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. • SKS PROPERTIES • •i / /� r'� By C C/ L , / <<t tr .� Robert J. Strachota Partner By cjerrence E. ston Partner • By Peter M. So$ Partner p Date 1 a-7 — 7 / 3c.;1 F • X. WHAT IS YOUR TARGET DATE FOR A. Construction Start 2/1/80 B. Construction Completion 8/1/80 XI. FOR FURTHER INFORMATION CONTACT • Thomas R. Lohmann Assistant Vice President Dain Bosworth Incorporated 100 Dain Tower Minneapolis, Minnesota 55402 (612)371-2896 The undersigned Applicant understands that the approval or ( disapproval by the City of Eden Prairie for Industrial Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. SKS PROPERTIES By ✓CCL`L2 .,t u "� Robert J. Strachota Partner By ` C errence E. in ston Partner Byl�ti ti Peter M. Soma Partner C p Date 1 1• / 7 t 31,61 F XII. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT A. Property is Zoned T-L B. Present Zoning (is' (is not) correct for the intended use C. Zoning application received on for which is correct for the amended use. D. Variances Required PdoNC r..SCNeICP City Planne • 366IG- • 1D-24-79 Shady Oak Ind. Pk. Third DEVELOPER'S AGREEMENT l THIS AGREEMENT, made and entered into as of , 1979 by and between RICHARD W. ANDERSON, INC., a Minnesota corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a municipal corporation hereinafter referred to as "City", • WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to I-2 Park approximately28 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 plat and develop the property into five lots for industrial uses. NOW THEREFORE, in consideration of the City adopting. Ordinance No. 79-37, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated May 22, 1979, reviewed and approved by the City Council on October 16, 1979, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C attached hereto and made a part hereof. 3. Owner shall convey by Warranty Deed that part of the property shown as West 70th Street on Exhibit B, outlined in green to the City immediately.upon filing of the plat and prior to issuance of any building permit. 4. Owner shall plat and develop the property in accordance with all ordinances and shall not apply for, nor shall Owner be granted, any variance therefrom, including but not limited to, variance for outside storage of materials or equipment, or side or rear yard setbacks for loading, driving or parking areas, the latter of which shall be at least ten feet from any side or rear lot line and five feet from any building or structure. 342 • • • • • Developer's Agreement-Shady Oak Industrial Park Third Addition page 2 • 5. Owner shall, prior to 2nd reading of Ordinance 79-37, submit to City for review and approval, a detailed landscaping plan, including • • but not limited to, buffering of the industrial uses from surrounding land uses and public roads. Owner shall landscape and grade the property in accordance with the landscape plan not later than prior to the occupancy of-any building or structure built or erected upon the property or such earlier time or times set forth in the plan. 6. Owner shall combine Lots I and 2, Exhibit 8, and shall also combine Lot 3, Exhibit 8, with Lot 3, Block 1, Shady Oak Industrial Park Second Addition in the plat. • • • • • • • • Developer's Agl-eement-Shady Oak Industrial Park page 3 ( IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. • CITY OF EDEN PRAIRIE, a municipal • corporation of the State of Minnesota BY: Wolfgang H. Penzel, Mayor BY: " ' STATE OF MINNESOTA) • Roger K. Ulstad, Manager SS: COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1979 by Wolfgang H. Penzel , the Mayor and Roger K. Ulstad, the City Manager of Eden Prairie on behalf of the corporation. Notary Public • RICHARD W. ANDERSON, INC.,a Minnesota corporation • BY: Richard W. And on, President STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this,[day of e_c.__, 1979 by Richard W. 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O. 0.2 1. 007m9 9 n mess a0.1 9 0.7 0.• r.- C .1. 7 70 7.in n._..• •-9•< r n7 In .-4-• ...2 77 a9 •3r 9 by 7 ■\ n n 3 \\nK\t. ...0 ..•.- -O a..-nm • Oa a CO 9 7 DC a N7m 70•- 3 3 a ✓ 0 n is 77 N:a Z 03 nFr CZ • 0 Se - a o..a C n O n 1 a A re a N A 7 . • N EXHIBIT A, Shady Oak Industrial Park Third 3LSS Lit;„•147..,V .. c:-. . ,... ,, ..)\. `----,c.....___::, .N. ...,9. . 7 ...,,,,. V %/ . F' ' T 4 `�� \. • I,y • 4b• z� r . ` 1-, ey qb . _11- 14-.... 4* -4;,.....- ''-, 4. .. •., 'N... , • '.' �'1a .• Ley 4;\ r, ' -•:- h '-\ V `),? ) ! R• tile` �\ 1 J1. . .2 ' �� t..._\ \ 1 \‘1.\:_\\.• \--.>,--‘'-..„;.<t' \ il i yr ..._A:„.).__, _. 4„t.,,,.2.7),,,y ; _t_. .,-.:-• -.- L-{ . . , . • ;. •Auruuhnir�,':� � �,+-b 1'�t :7y•f:-_, ;(%/It .171. � t+ �_3' .:r !ao- �•., ��\ -- ... - B__. rw•' air ' ••••• 1 )"},---_- 11 'i-1 r•� O. .....1. 1 ‘A 1 he lS.12' - - r • j�ru=.c 1' S' `r 4$` • i, .- _ In{ ..i!/.nc•/i .,:./Aj, , -''\i t ! ' .11 2 q� ,"•�- I •4 :ti ` 'sue,-� \ °,� 1''', .— ;, ..•••1 • Iii..,1.•c••••••• \ i r•N i—‘‘ \t ••% .'jVA—‘\.,..) '''''7 jf . ••- —cf I - r'x .ial�V- sT YY_-.. . I i 1._ - —WE F --14TH, _SJ- 4 I J r," r1 ;� . �tre4` 54-•- 1 _. "EXHIBIT B" 1 y Ik f 3frrt-w ,o •t 16{ May 22, I� n{ ,• I Jar n.,x/n� I s 1.r/�SFS,'i�/fa.l.• r! 1979 '„ • • . DEVELOPER ' S AGREEMENT C • EXHIBIT C • page 1 of 4 I. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water • drainage areas and direction of flow, preliminary utility plans, — ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of the final plat shall be subject to approval of the development plan by the City Engineer. II. Owner shall submit detailed construction and storm sewer plans to the Nine Mile Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III, Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each C • building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $1,400 per acre . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by • Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. r • Pie 2 of 4 Exhibit C V. A. All sanitary sewer, watermain and storm sewer facilities, streets, curb, gutter, (- sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance, including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or , 19 Upon completion and acceptance. Owner warrants and guarantees the improvements against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said 2 year period said warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. 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 improvements have been completed, inspected and tested in accordance with City-approved plans and speci- fications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer ,and receipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B. In lieu of the obligation imposed by subparagraph V. A. above, Owner may submit a 100% petition signed by all owners of the property, requesting the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improve- ments will be levied on the property, except any property which is or shall be dedicated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grading work shall be secured by a bond or letter of credit 'l which shall guarantee completion, and payment for all labor and materials expended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. 3(-Sg .page 3 of 4, Exhibit C C. Owner shall submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, streets,sewer, water and storm sewer preliminary alignment and grades, minimum floor elevations, and arrows showing direction of surface drainage, locations of trails, etc. D. All private improvements shall conform to the City's building code requirements. E. Owner shall promptly upon a bill being rendered by the City therefore, 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 curt 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 1" 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. • 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. • • • Page 4 of 4 Exibit C IX. Provisions of this Agreement shall be binding upon and enforce- able against Owner, its successors, and assigns of the property herein described. X. Owner represents and warrants it 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. • • • • • • • • • • 34110 • 10-25-79 • Shady Oak Ind. Pk. 5 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1979 by and between RICHARD W. ANDERSON, INC., a Minnesota corporation, hereinafter referred to as "Owner", and the CITY OF EDEN PRAIRIE, a`municipal corporation, hereinafter referred to as "City", . . WITNESSETH: • WHEREAS, Owner has applied to City to rezone from Rural to 1-2 Park approximately 20 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 plat and develop the property into one lot for industrial uses, and two outlots. • • NOW THEREFORE, in consideration of the City adopting Ordinance 79-37, 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 Sept.18,1979, reviewed and approved by the City Council on October 16, 1979, and attached hereto as Exhibit B, subject to such changes and modifications as • provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C attached hereto and made a part hereof. • 3. Owner shall convey by Warranty Deed that part of the property shown as "R-O-W" and Outlots A & B, Exhibit B, outlined in green to the City immediately upon filing of the plat and prior to issuance of any building permit. Owner shall not • grade or permit or cause to occur any construction upon Outlots A & B or that portion of the property shown as "R-O-W" 1 • • Developer's Agreement-Shadybak Industrial Park Fifth Addition page 2 4. Owner shall, prior to 2nd reading of Ordinance 79-32, submit to the City's Planning Department for review and approval, a detailed landscaping and grading plan, including but not limited to placement and elevation of any building on the property, • screening of the parking lot, loading area and mechanical equipment; and buffering of the industrial use from surrounding uses and public streets. Owner shall landscape and grade the property in accordance with the landscape plan not later than prior to the occupancy of any building or structure built or erected upon the property or such earlier time or times set forth in the plan. 5. Owner shall not, and shall not permit others to, construct loading areas on the south or west exposures of the property. 6. Owner shall develop the property in accordance with all ordinances and shall not apply for, nor shall Owner be granted, any variance therefrom, including but not limited to variance for outside • storage of materials or equipment, or setback variances from right-of-way of West 70th Street. • 1 Developer's Agreement-Shady Oak Industrial Park page 3 ( IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE, a municipal corporation of the State of Minnesota BY: '+• Wolfgang H. Penzel, Mayor BY: STATE OF MINNESOTA) Roger K. Ulstad, Manager )SS. COUNTY OF HENNEPIN) . :. The foregoing instrument was acknowledged before me this day of , 1979 by Wolfgang H. Penzel , the Mayor and Roger K. Ulstad, the City Manager of Eden Prairie on behalf of the corporation. Notary Public RICHARD W. ANDERSON, INC.,a Minnesota corporation BY: G` der dardWflP! \ STATE OF MINNESOTA)SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me thisH day of gcc.. __ + 1979 by Richard W. Anderson, President of Richard W. Anderson, Inc., on behalf of the corporation. EGENEESCHURMANwWo.EN.. N+� M Fotar Public ( 3463 • • SHADY OAK INDUSTRIAL PARK FIFTH ADDITION TO BE REZONED FROM RURAL TO I-2 The West 1 of the northwest Is of the Northeast Is ; the East 165 feet of the Northeast 1 of the Northwest Is; all in Section 12, Township 116, Range 22. Subject to restrictions and easements of record; also subject to the right of the State of Minnesota to waste, dispose of and place gravel, stone, clay, dirt , sand and other materials as shown in deed Document No. 953461, Files of the Registrar of Titles, Hennepin County, Minnesota, • all according to the United States Government Survey thereof, and situated in Hennepin County , Minnesota EXHIBIT A • 3664 • -. \ ty----1 -y v ; 1 . • • • .t., ... . .) •' ' `l_� J. (I, ' _.-Th Z ) .* r' • ' . . ..•.... ..,,,. . ji �J • ' \r�, ��t�`\,� ACEi •>•E9rK�E5.r r _ ` ji lic ! VJ gi �.. N.A.,,,..t ; ( t i •` . .; . i ,iliii\ , 2,0 J;•.....)' �. % lN `� ,Vi \. , 1 . • i • I x.D"-^ i,...1r1 l.1: Ili. - i e •,‘ . ,./:.....,-..:,:::N..,,,s4•4: f f;e>/"‘,.:; //II!I.:ill, .•ze 1,.._.,....,..., ): j17.;:: :.....-.1---:•-• . • • ...`/. •\N`\ ' rr// J/ ;,•/•/,,, 1. ', i . • i /I • • i• : \ • .r).i ..� O NV1/Z3 1 1t / \.. l..- 1 .I .-7': .,i; ..\ • /1 `S i I. \ - I• r i Q _ �. j1 it i. • s'\,- :t....\ .`,N '‘j / :1 !. . . ..: .... .„1,•• • /.. .e.- ...).___... .. -,.. It"v,--:. • u � IiInuihczL;ii _ 1t a •$rld/�rr�•'f, Sr:..:::�jl�?,l':i! o%1h./ T/'G ('ll'kN-. , i f • • 'EXHIBIT B5 „ Sept.18,1979 ; .1'SIIADY OAT. IHDUSTRIAI PARE FIFTH ADDITION • • • ..DEVELOPER ' S AGREEMENT EXHIBIT C ' • • page 1 of 4 I. Owner shall submit a development plan prior to approval of the final plat which shall show proposed grading, storm water • _ _ drainage areas and d&rection of flow, preliminary utility plans, ponding area and flood plain high water levels for 100 year storm and minimum floor elevations for all lots. Approval of the final plat shall be subject to approval of the development plan by the City Engineer. II. Owner shall submit detailed construction and storm sewer plans to the Nine Mile Creek Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required by any ordinance in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $ 1,400 per acre . The amount to be paid by Owner shall be increased or decreased to the extent that City ordinances are amended or supplemented to require a greater or lesser amount as of the date of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, and in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred or conveyed as may be provided herein by Owner to City shall vest in City good and marketable title, therein free and clear of any mortgages, liens, encumbrances, or assessments. • • • 3661, Page 2 of 4 Exhibit C V. A. All sanitary sewer, watermain and storm sewer facilities, streets, curb, gutter, sidewalks and other public utilities ("improvements") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All of the improvements shall be completed by Owner & acceptable to the City Engineer and shall be free and clear of any lien, claim, charge or encumbrance. including any for work, labor or services rendered in connection therewith or material or equipment supplied therefore on or before the later of, 2 years from the date hereof or , 19 Upon completion and acceptance, Owner warrants and guarantees the improvements against any defect in materials or workmanship for a period of two (2) years following said completion and acceptance.. In the event of any defect in materials or workmanship within said 2 year period said warranty and guarantee shall be for a period of three (3) years following said completion and acceptance. Defects in material or workmanship shall be determined by the City Engineer. Acceptance ;r of improvements by the City Engineer may be subject to such conditions as he may impose at the time of acceptance. 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 improvements have been completed, inspected and tested in accordance with City-approved plans and speci- fications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owner shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V. A., including but not limited to, a guarantee against defects in materials or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer,and receipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms as may be required by the City Engineer. The Owner's registered engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B. In lieu of the obligation imposed by subparagraph V. A. above, Owner may submit a 100% petition signed by all owners of the property, requesting the City to install the improvements. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improve- ments will be levied on the property, except any property which is or shall be dedicated to the public, over a five year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grading work shall be secured by a bond or letter of credit which shall guarantee completion, and payment for all labor and materials expended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost • of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. page 3 of 4, Exhibit C C. Owner shall submit to the City Engineer a development plan showing existing contours, proposed grading, finished elevations, streets,sewer, water and storm sewer preliminary alignment and grades, minimum floor . elevations, and arrows showing direction of surface drainage, locations of trails, etc. D. All private improvements shall conform to the City's building code requirements. -a E. Owner shall promptly upon a bill being rendered by the] streets)City therefore, pay to City fees for first two year street lighting(p 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 curt orin]ieu 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 ' 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. f :. 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 shale also guarantee the performance of Owner's obligations under this paragraph VI. VII. Owner shall file this Agreement with the Register of Oeeds or Registrar of Titles and supply the City with a copy of this Agreement with information as to Document dumber and date and • time of filing duly certified thereon within 60 days from the date of this Agreement. 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. 3GGg • • Page 4 of 4 Exibit C „ IX. Provisions of this Agreement shall be binding upon and enforce- ( able against Owner, its successors, and assigns of the property herein described. X. Owner represents and warrants it 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. • • 31.69 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 1179-37 AN ORDINANCE RELATING TO ZONING AND AMENDING ORDINANCE 135 THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN,AS FOLLOWS: Section 1. Apendix 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 and I-5 District and shall be included hereafter in the I-2 Park District. Section 2. The above described property shall be subject to the terms and conditions of those two Developer's Agreements dated as of , 1979 and , 1979 between Richard W. Anderson, Inc., a Minnesota corporation, and the City of Eden Prairie, which Agreements are hereby made a part hereof and shall further be subject to all of the ordinances, rules and regulations of the City of Eden Prairie relating to the I-2 Park District. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the loth 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. Penzel - Mayor ATTEST: John D. Frane- City Clerk PUBLISHED in the Eden Prairie News on the day of ,1979. 34']0 C • SHADY OAK INDUSTRIAL PARK FIFTH ADDITION TO BE REZONED FROM RURAL TO I-2 The West h of the northwest h of the Northeast 14 ; the East 165 feet of the Northeast is of the Northwest h; all in Section 12, Township 116, Range 22. Subject to restrictions and easements of record; also subject to the right of the State of Minnesota to waste, dispose of and place gravel, stone, clay, dirt , sand and other materials as shown in deed Document No. 953461, Files of the Registrar of Titles, Hennepin County, Minnesota, all according to the United States Government Survey thereof, and situated in Hennepin County , Minnesota EXHIBIT A • 5P/I • •7f 770Onn0Z O.n•raPT•1 n0 war.4 9X-I 7.r1•1 4KOOn..770O ' 0 007 0 •-.007' •-n7 •-u7 • 9 r 19 n*C• N•1Na 90 C t 02a 0210 Mi:n F3r.na v 3n 4,3 .-9•-n at awn non 010 A77 ONn T-•anoy0a in note •••3v+ N C'O .-Ont a39rnn a^9 `<•< a 9 099 .4 C. n u. O.0 0 CTC 0 ..00 a a a a N Na O.r-a C f10 Oa ^• me a non 3 3 9 9 •- 141 31 n.1 v o c n 7 Col a n O. 0- n te .....0- n .... n 77 • • • 3 n 9 n te a r r 0 n n 0 n 3 r• 3 n a C a70n rna n•'0 •r9 C7.7 3 ') DXO co non 00.0000 *sr,• 0N00 at n, 9 410 ... NC•' a >9 N 93te.nb Abv.0OnT 0 GO r•2 73 9n • 0.r• 3 n .•3 ...0 0r1 V. •-•0 - n ann faa•<0an r0 n.r. 0tn092' . • .N7 0.< 3. 9r• v. • r .o y Cr n•..3 0 n 4 T p n•••-co for v a '<. n n� 0 t0L-x7�n00 CT ^ • no n n a n t* T N n b 3 0 3 O X n 0M , n 7sc 030o rNrn77.0 n 0. a •.0 00 ann note S a n.cn• C 00n n• C N n Nn•1 F3C CT01 • • - T 90te ,v II 0400 0 an 0 SG , 3n 9 n Z 0 r1 te a en r n 3.a •• •H a T n 7 a n S• C C b7 arnn-.....-•C ( .1 3.3 39 n7 • 009•n�-0aO0. 3P 9 •••n C•< na% 0.0r tea .J On.• a 06110 n nrOa 3 •< 0 C n ' O. • 3 C 7 3 n N C••n...n 0 7 S r,n 7C O- • to a N N 0 me nnn 003' 9•non 0 pp •n- 00 07a 7•. C2n7na' 7r0•-• 37rXO 9 0 •<C ,. . r-00 CO C 0r a 07 n nn•-C . r. •. r-.' n: 390!•04n 7•-0•I0 n 7n 3 u.•A Om r.39 O•< N7. • ✓ n t^non non n •• - 7330 r•-n 3'01 n•<r0 nirn a sc.•-- N O . C an-a 37 0 0 I 0 \ 70N010G -. 10C4, •' .C. C NN •9a0 as • C .1 s K n 7) n -9 C 3 0 C 3•n •< a 0 a . •<n, 7,•'• C •••' a•<--n C nn0N nn0. 1 WZ 0T- 039 ^ 1.• •43rCn013n •Z9aq. F30 0" ' • •.t 9'• CT 7•-..a a• te r-7 a n 3 0 C r• C 9 a` • n 30•-r^-n.anCa00n 30 n Nnn FA I n0< 3-•u.09 » 7O N•••3••• • tr-..-3- to 77 X079773 n3O n mn• _•n0 0 •< n n0 L 0 • rn c n • n a 4o 3 a n n ••7 •7 91.• 0 9 0 3••. a 7.2 3-...0 O.jcN00 .Cr.•• O .rr-779 r• •-'97c G. a•< n CU) n b O b N C73 N 779 •.�•<n as 1 00 m•t C as'. Xn 40331.• - a .0 04, >0•- non 0 nn0nn0 non bn n•.t it AC n Grni•. ..-.n-. n�7 40 r-m n,71 9 0 -n 0 41 C 9 0.93 -.3 O.-.•C 0 C NO S n 00 TC 0..0 • 3 n rte .10.40 C 9 C 3 •te w•C a 9 D• rt 7 b J O• 4-C .n 0 0 n r 0 nn n n-C 70 C Csv C 7 sr. O.9 0 9t•'' l 0 no r 97• a 13 ra no r^ tx -r• 30I n a• .-•0 9 a ♦,1,•.n a 3 9 >•<� •.3 7 9 ^'- b r b a r 0.' •-9 n a Cl •t C. n F.•11 ;A 1,non --n ff 3 ...9 Nrb r• R c.0 n 0I 7 7^37C90 Ote390r tr rr'7 >7G. 0X, - Cte 0• 30.+- n9n019 30' non •.. ^n0 3 3 a.•-. 0.871. 000 n -• 9 ^^ v.n•C- •a •< 4. n 0.1. 7 =rn Z r0 70 0 •- N7, sn CU 0 -3. a 09n70 CT709' •••< 7 O 9 ^no r 7^. N 7 3 b r n^ n 0 0 7.7' O.c 1u •1 a a 7 a. 7r. •-b9 Or7 nn7 30N Ir a.�• pa le n-9070 dr0-•3 0 0- r.CCO A ^ •<•• 70 N n R a o* 3 nano. n 3 n C 7 a• C 10 NC. K Zn rC p ^Ste 0'-' O• is Ci n%A.-.n.n r•-. C a 7 a O'< O 7 t a O.n Cs 0 C 9 C. 3 n a n r 3 0•-9 C 0 D• 74.'3 n• a^C n r.3 a r7o n 3 r 0 .w O n b000•O ^ 7 n 37330 CJa•< u. t 0 3 u. 39 w377 nS0000N art 9 n urn aq 3 ...n n 0 0 r 7 te 9 •0.+0 09 7 'ten to44O14 3a ••4., •< N C I 1 94 0.n in N .n v..n 7 ^.... 7� ^n • nN' b a n 0*•-.nO te 0O ^ r-30 C CO4C 3r-. C Z0n n 9. 1 r GrnY•. C.v.An rnW n•n2r00 3C 9 G 01 3'. a= n 3 b 07 070 3 •• an n C b r1 no n 0 n te an 0•c .w 3 •'•4 79'00 a r79 rn Cr 0 - 1 tr. . G 3 r 0.: T 0r0 rr- n 0.n 0 90 C n '03 3 9 no r v.-1 3 •C 7 C .'.0 rn •w 7 n a n �.. 00 c 0 ' ON te0 N C a •C n 10 90 co p. b •-•C 3 7••' .n 0.n no n C ^ 7.? F•• rlw n^nr.0C r00C 0 SS •�•7�0 .C. 3 a n n te 7 7 3 rn ^t 0 Can 3 ale . In i a.1 ..1 -• N 9'n 0 S 1 n Cc 3 •< 3 te^t I •,, a ,-.--,,, ,to inO inrn .7 Vr to.et r inn O. .-0,4 •. 0•-00 0I •.tnn - .b 0- O S 0C V 0Om 90 ate. C. 4).-• Zn...••t F9 0. A-n 0-.3`Z v: '7 R ...-0 0 0 0 C. c 3Zr4,Z 709 39 COT( •'n•'• t.• •-•3 H n7: L.10'a 300C- r 7 77 Cl' aX 372 7^ ^9 Pn 9 0•non 3 0 S• O O 3 a 74, te nC .n an '0 0. '. C . rn . SO 7 1• 7 a a•- •nS SS 09 n n 3 �•- m e n a 9 7 < NI.�not `ar 3 •• 9 • 0:0 n ~ a ao AaFr3 Cn 3 n n ra :us X'r. d ' 0 a ate- AC no0 n t an n 0 r- 3••• a ^ N n 0' 10 • . EXHIBIT A. Shady Oak Industrial Park Third 12 --CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-225 RESOLUTION VACATING PORTIONS OF DRAINAGE AND UTILITY EASEMENTS EAST OF LOTUS VIEW DRIVE -. WHEREAS, the City of Eden Prairie has drainage and utility easements described as follows: The south 5! of the north 25' lying west of the east 5' : ' . of L5, 82,-Maple Leaf Acres 4th Addition, and the south 5' of the north 25' lying east of the west 5' of L1, B1, Maple Leaf Acres 3rd Addition, and the north 5' of the following de- scribed easement of record: A 25 foot perpetual easement for • the construction, operation and maintenance of utilities. Said perpetual easement being 25 feet to the North of the fol- lowing described line; Commencing at the southwest corner of -Section 6, Township 116, Range 22; thence east along the south line of said Section 6 a distance of 774.0 feet to the actual point of beginning, thence continuing East on the last described course a distance of 351.4 feet and there terminating. ( WHEREAS, a public hearing held on December 18, 1979, as required by law, and WHEREAS, it has been determined that this easement can be vacated that it would be in the public interest to do so, NOW, THEREFORE, BE IT RESOLVED BY TH CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Hereby vacate said easements. 4 2. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the pro- ceedings and shall be recorded in accordance with the provisions of M.S.A. 117.19. ADOPTED by the Eden Prairie City Council on —4lolfgang H. Penzef, Mayor ATTEST: SEAL John D. Frane, Clerk 303 • December 18, 1979 • STATE OF MINNESOTA CIJ' OF EDEN PRAIRIE C06..iY OF HENNEPIN The following accounts were audited and allowed as follows: 6577 OLD PEORIA COMPANY, INC. Wine $ 1,116.16 6578 TWIN CITY WINE CO. Wine 11.28 ' 6579 ED PHILLIPS & SONS CO. Liquor 1,238.91 `'' 6580 KIWI KAI IMPORTS Wine 228.70 6581 MIDWEST WINE CO. Wine 202.80 '. 6582 BUTCH'S BAR SUPPLY Supplies-Liquor Store 152.35 6583 HAPPY TYME DIST. Mixes 68.50 6584 JOHNSON BROTHERS WHOLESALE Liquor 639.78 6585 TWIN CITY WINE CO. - Wine 715.92 ,' ' 586 GRIGGS, COOPER & CO., INC. Liquor 1,278.48 1587 - INTERCONTINENTAL PACKAGING CO. Wine 803.99 6588 EO PHILLIPS & SONS CO. Wine 2,317.91 6589 OLD PEORIA COMPANY, INC. Liquor 1,854.45 6590 HOPKINS POSTMASTER Postage 143.90 6591 CONSOLIDATED FREIGHTWAYS Freight charges 26.84 6592 VOID OUT CHECK 6593 PRAIRIE VILLAGE MALL ASSOC. December rent 1,865.13 6594 KAYOT Dock-Park Dept 3,440.00 6595 DIVISION OF BOILER INSPECTION Inspection certificates 42.00 r 6596 LORETTA ELLISON Election judge 49.50 617 LORRAINE RATHS Election judge 49.50 6 ., SUE LANE Election judge 49.50 6599 GRETTA ZUMBURGE Election judge 49.50 6600 MARY UPTON Election judge 47.25 ' 6601 VI JOHNSON Election judge 47.25 6602 KAREN VEVLE Election judge 47.25 6603 HOWARD W. MERRIMAN Election judge 48.00 6604 SHIRLEY JELLISON Election judge 48.00 6605 EVELYN ROGERS Election judge 48.00 ( '? ' 6606 JINNY GIBSON Election judge 50.25 "" 6607 VIRGINIA K. GARTNER Election judge 50.25 6608 LOIS PALMER Election judge 47.25 6609 RUTH MITAL Election judge 47.25 ` 6610 JEANNE TANGEN Election judge 47.25 6611 JO ANN CARLIN Election judge 49.50 ' 6612 DORIS JOHNSON Election judge 49.50 6613 CHERYL GLISCZINSKI Election judge 48.00 6614 ROSEMARY DYSINGER Election judge 48.00 6615 DELORES KLEIN Election judge 48.00 ' 6616 JOY BREKKE Election judge 47.25 6617 JEAN REICHOW Election judge 47.25 6618 MARIA ZUCHRISTIAN Election judge 47.25 6619 MILDRED H. CLARK Election judge 48.75 • 6620 MARION NESBITT Election judge 48.75 6621 BARBARA VANDERPLOEG Election judge 46.50 fC� ' SHARON LYNCH Election judge 47.25 ` `.` 6G.3 RUTH CHARCHIAN Election judge 47.25 *24 MARGARET KRUGER Election judge 45.75 6625 ADELINE BRAMWELL Election judge - 45.75 6626 ANN PARKER Election judge 13.50 ': `'•. 6627 PERRY FORESTER Election judge % 13.50 3;y • Page two December 18, 1979 56( HOPKINS POSTMASTER Postage-Winter Outings Brochure 455.62 ,! S629 HOPKINS POSTMASTER Postage-Historical Cultural Commission 16.97 6630 JOHNSON BROTHERS WHOLESALE Liquor 2,134.48 5631 MINNESOTA DISTILLERS, INC. Liquor 1,161.74 5632 BUTCH'S BAR SUPPLIES Mixes 81.30 6633 MIDWEST WINE CO. Wine 307.37 6634 GRIGGS, COOPER & CO., INC. Liquor 2,420 41 6635 VOID OUT CHECK 2,260 93 5636 ED PHILLIPS & SONS CO Wine 6637 CITY OF APPLE VALLEY Wizard of Oz tickets-Rec Dept 55.50 6638 FEDERAL RESERVE BANK Payroll 12/7/79 9,621.49 6639 INTERNATIONAL UNION Dues-January 1980 187.00 664D PERA • Payroll 12/7/79 7,472.68 :' 6641 BEER WHOLESALERS Beer 2,202.90 6642 COCA-COLA BOTTLING Mixes 196.05 6643 DAVIDSEN DISTRIBUTING CO., INC. 8eer 56.05 ' 5644 DAY DISTRIBUTING CO. Beer 1,696.65 5645 EAST SIDE BEVERAGE COMPANY Beer 3,075.55 6646 GOLD MEDAL BEVERAGE CO. Mixes 334.35 6647 LEDING DISTRIBUTING CO 8eer 1,715.10 ', 6648 PEPSI-COLA BOTTLING CO. Mixes 227.15 6649 ROUILLARD BEVERAGE CO., INC. Beer 976.87 5650 THORPE DISTRIBUTING CO. Beer 2,615.45 5651 BECKI AOAMI Dance instructor-Rec dept 192.00 6652 AMERICAN BURNER SERVICE Service-Inspect furnace 6D.95 66( AMERICAN NATIONAL BANK & TRUST Principal & Interest payment 344,103.24 5654 EARL F. ANDERSEN & ASSOC. Traffic signs 1,416.47 6655 ARROWHEAD BEARING INC. Repair parts-Street dept 13.85 5656 ASSOCIATED OIL BURNER SERVICE Dil filter-Historical Cultural Center 3.50 6657 B B & S T.H. 169 155.20 6658 8RW Service-Dell Road, Lotus View Drive, Temp 1,994.93 Signal on TH 169 6659 BLOOMINGTON LOCKSMITH COMPANY Keys-Water Dept 5.00 6660 BRAUN ENGINEERING TESTING Service-Hwy 5 & Co. Road 4, Street & Sewer 1,660 66 Construction, Chatham Woods 5661 MAXINE BRUECK Mileage 1D.80 6662 BURROUGHS CORPORATION Check protector ribbon 13.00 5663 CAROLYN CASSOLA Guitar instructors 848.00 6664 CHANHASSEN AUTO PARTS, INC. Repair parts-Street dept 398.11 5665 CHANHASSEN LAWN & SPORTS Screws-Park Dept 20.93 6666 CHAPIN PUBLISHING COMPANY Legal Ads-Bryant Lake Park Stables 40.42 6667 COMMISSIONER OF TRANSPORTATION Traffic light Maintenance 2,018.01 6668 COPY EQUIPMENT INC. Xerox copies, print paper-Engineering dept 268.52 6669 CROWN RUBBER STAMP CO. Notary seal-Bldg & General services 30.63 5670 CUTLER-MAGNER COMPANY Quicklime 7.07 6671 WARD F. DAHLBERG Mileage 6.00 6672 DAVIES WATER EQUIPMENT CO. Meter-Water Dept 5,137.74 6673 DEPT. OF NATURAL RESOURCES Fees-Water permits & underground gas or 40.00 liquid storage 66 d DORHOLT PRINTING & STATIONERY Office supplies 192.90 68k TERRENCE R. DOUGLAS Building permit refund 746.62 6676 EDEN PRAIRIE NEWS Ads 675.67 6677 EDEN PRAIRIE SANITATION CO. Service - 60.50 6678 EDEN PRAIRIE SCHOOL DISTRICT Sept & Oct Gasoline-Street Dept 3,485.55 6679 ELECTRIC SERVICE CD. Service-Civil Defense Sirens ' 2,237.13 ' I • • Page three December 18, 1979 66( CHRIS ENGER Expenses-November 100.00 66 1 FEED-RITE CONTROLS, INC. Ferric Sulfate 1,182.00 6682 ANTHONY FIORENTINO Postage 7.33 6683 LEWIS FOLWICH Expenses-Rec Dept 49.00 6684 FRONTIER LUMBER & HARDWARE Plywood, Voter Signs-Park Dept 239.92 6685 G.L. CONTRACTING, INC. Service-Duck Lake Trail, Edenvale & 2,586.97 Woodhill Trail 6686 STEVEN GEIGER Expenses 10.05 6687 GENERAL COMt1UNICATIONS, INC. Repair parts & labor-Fire Dept 63.01 6688 GLIDDEN PAINT Paint-Park Dept 201.40 6689 GOPHER SIGN CO. Fire Hydrant Markers-Water Dept 589.61 6690 DALE GREEN CO. Black top soil-Park Dept 546.00 6691 GROSS INDUSTRIAL SERVICES Service 52.14 6692 GUNNAR ELECTRIC COMPANY Repair lights & heater-Park Dept 48.29 ti 6693 JACK HACKING Expenses 52.70 6694 HARMON GLASS Windshield-Street Dept 81.74 6695 GARY HARRINGTON Mens Gym Supervisor 35.88 6696 JUDY HARRINGTDN Women's Volleyball Gym Supervisor 38.50 t 6697 HAYDEN-MURPHY EQUIPMENT CO. Pump-Water Dept 902.50 6698 HENNEPIN COUNTY CENTRAL SERVICES Special Assessment Prepay forms-Assessing 90.00 6699 HOLAND MOTOR, INC. Repair Equipment-Water dept 272.89 '' 6700 HOPKINS DODGE SALES, INC. Repair parts-Street dept 157.95 6701 JANIE HORP Exercise Instructor-Rec Dept 56.00 6702 MARINA HOYT Exercise Instructor-Rec Dept 56.00 6703 MARK HURD AERIAL SURVEYS, INC. Topographic mapping-Engineering dept 2,340.00 6Z IMPERIAL, INC. Bolts & nuts-Water Dept 127.74 ' _ 6705 IBM Office supplies 229.50 '' 6706 J & R RADIATOR CORP Repair equipment-Street dept 127.35 6707 GEORGIA JESSEN Minutes 44.63 6708 KARULF HARDWARE, INC. Coffee makers-Election, Paint-City Hall, 374.33 tape,towels-Public Safety, keys-Street Dept, drill, glass screws, bolts & nuts, nails, paint thinner, copper tubing-Park Dept, wedges, wood, maul-Tree Dept, warming house supplies, liquor store supplies 6709 KRAEMER'S HARDWARE Drill, wire-Park Dept, flashlight,paint, 174.67 batteries, light, bolt cutter, funnel, bulbs, table stove, fittings-Water dept 6710 LABELLE'S DISTRIBUTING Stopwatch-Park Dept 29.97 6711 LABELLE'S DISTRIBUTING Calculator-Finance Dept 45.50 6712 LAKELAND ENVELOPE Envelopes 135.51 . 6713 ROBERT A. LAMBERT Expenses 123.56 6714 LEEF BROS. INC. Services 124.40 6715 PAM LESTER Exercise instructor 152.00 6716 LOGIS Service 688.63 6717 LONG LAKE FORD TRACTOR Repair equipment-Parks dept 297.42 6718 LUND PAINT & DECORATING CENTER Paint-Park dept & Liquor store 41.72 6719 MATT'S AUTO SERVICE, INC. Towing service-Street dept 166.20 6720 MCLEOD CD-OP POWER ASSN. Parking Lot Barriers-Park Dept 130.00 'r 6721 MEDICAL OXYGEN EQUIPMENT CO. INC. Oxygen 43.44 6". METRO FONE COMMUNICATIONS, INC. December service 35.40 6723 METRO PRINTING INC. Winter Outings Programs-Park Dept 517.00 6724 MIDWEST ASPHALT CORPORATION Blacktop 1.839.42 6725 MILES GARAGES Warming house-Edenvale Park 3,450.00 6726 MILLER/DAVIES COMPANY Forms-Assessing Dept i5.07 36r)1P Page four De tuber 18, 1979 677 MINNESOTA DAILY Ads-Park dept 9.30 6728 MINNESOTA FIRE INCORP Gaskets-Fire Dept 12.77 6729 MINNESOTA RECREATION & PARK Dues-Park Dept 1/1/B0 - 1/1/81 600.0000 6730 MINNESOTA RECREATION & PARK Rule book-Rec Dept 6731 MINNESOTA RECREATION & PARK Board/Commission membership-Park 1/80-1/81 70.00 i 6732 MINNESOTA GAS COMPANY Service 230.75 6733 MINNESOTA VALLEY GAS COMPANY Fuel-Senior Citizens Center 244.00 6734 MODERN TIRE COMPANY Equipment repair & Parts-Street Dept 442 2B 6735 MOODY'S INVESTORS SERVICE, INC. Service-Municipal Bond 1,500 00 6736 MUNICIPAL & PRIVATE SERVICES November service Bob 00 •6737 NATIONAL ASSOCIATION OF HOME BLDR Book-Planning Dept 10.00 673E NATIONAL CITY BK OF MKS Bond payment 142,451 54 6739 DENNIS NESBITT Mileage 49.50 6740 NORTHERN STATES POWER COMPANY Service 3,163 68 6741 NORTHERN STATES POWER COMPANY Service 150.00 6742 NORTHLAND ELECTRIC SUPPLY CO Wire for emergency equip-Public Safety 97.60 6743 NORTHWESTERN BELL COMPANY Service 2,469 17 6744 NORTHWESTERN NATL BK OF MPLS Bond payment 628,364 10 6745 CHAS. OLSON & SONS Hydraulic filter-Street dept 15.32 6746 PATCO COMPANY Tire chains-Street dept 139.02 6747 W.G. PEARSON, INC. Sand-Park Dept 1,221 94 6748 PETTY CASH_PUBLIC SAFETY Misc expenses & postage 15.31 6749 PHOTO MILL Land film-Assessing Dept 173.25 6750 POSTMASTER Bulk mailing fee 40.00 6; RIEKE-CARROLL-MULLER Service-Shady Oak Ind. Park, Valley View 15,288 41 Road, Ind. Road Utilities 6752 RUFFRIDGE-JOHNSON EQUIPMENT Broom refills-Park Dept 236.00 6753 SATELLITE INDUSTRIES, INC. Portable restroom-Park Dept 261.25 6754 SCHMIDT READY-MIX, INC. Culvert-Riverview Road 1 6755 VOID OUT CHECK 72.53 6756 SCIENTIFIC PRODUCTS Sulfuric Acid-Water Dept 2.53 6757 W. GORDON SMITH CO. Washer fluid-Street Dept 7 6758 SOUTHWEST SUBRUBAN ADVERT Ads-Park Dept 3,41 0 6759 ST. REGIS PAPER COMPANY Culverts-Riverview Road 05.8 8.48.40 6760 MARKS STANDARD Fuel for squad car 6761 SUBURBAN CHEVRDLET CO. Bolts & nuts-Street dept 17.55 6762 SUBURBAN COMMUNITY SERVICES 4th quarter 1979-Senior program 1,125.00 6763 SUN NEWSPAPERS Ads B7 40 6764 TOWNS EDGE FORD, INC. Equipment repair-Public Safety 4,739 76 6765 TRUCK UTILITIES & MFG. INC. Equipment repair-Street dept 47.00 .' 6766 VAN WATERS & ROGERS Chlorine liquid-Water Dept • 1,232.90 6767 VESSCO Equip repair-Chlorinator-Water Dept 314.02 6768 VELMA WAGNER Instructor-Rec Dept 64.00 6769 RIVER WARREN AGGREGATES INC. Rock 215.55 6710 WATER PRODUCTS COMPANY Locator-Water Dept 595.57 6771 WORK PROCESSING CENTER Equipment Repair-Park Dept 30.55 6712 XEROX CORPORATION Service 257.91 - 6773 ZIEGLER INC. Filter, blades-Street Dept 19.54 6774 HOPKINS PARTS CO. Bearings, switches, wipers, mufflers, belts, 634.72 ;f { hoses, small tools-street dept 6775 M.G. ASTLEFORD CO. INC. Shady Oak Industrial Park 21,430 13 6776 ROBERT M. BRONSON Temp. Easement-Eden View 1 30.00 6777 BROWN & CRIS, INC. Cardinal Creek Addition 42,614.55 6778 BROWN & CRIS, INC. Trunk Hwy 5, W 78th St. & Mitchell Rd 59,916.59 3L7d) Page five • December 1B, 1979 ci79 BROWN & CRIS, INC. High Trails Estates Utilities 19,741.0'''' 6780 BURG & TJEPKES Signal Installation(T.H. 169 4 Vo-Tech 1,567.1 .. and CSAH 1) 6781 G. L. CONTRACTING, INC. Shady Oak Indsutrial Park Phase II 35,b80.5C 6782 HOYT INVESTMENT CO. Refund-Building dept 129.81 6783 WALTER D. JOHNSON Expenses 92.0' 6784 ROBERT N. MARTZ Expenses 13.71 67B5 NODLAND ASSOCIATES, INC. Chatham Wood addition Improvements 93,948.7k. 6786 NORTH CENTRAL UNDERGROUND, INC. Crosstown Industrial Park. 27,992.7' 6787 NORTHERN CONTRACTING COMPANY Storm Sewer 34,012.B•, a '. 6788 NORTHERN CONTRACTING INC. Round Lake Area Utilities 34,678.3. 6789 PETERSON (MAINTENANCE CORP Refund-General Contracting license 25.0,i 6790 • UNIFORMS UNLIMITEO Uniforms-Public Safety 261.9C ' 6791 ROBERT COMPTON Mini Rink Lease 1.00 6792 JEFFREY LINDGREN Mini Rink Lease 1.0',, 6793 RANDY RANNOW Mini Rink Lease 1.0 6794 LEN SWEDLUND Mini Rink Lease 2.0 6795 ZACHMAN HOMES Mini Rink Lease 1.Of 6796 C Wayne Erickson, Inc Hipps 4th Project 8,073.422 • TOTAL '1,632,290.7E ?t • • MEMORANDUM • • TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services DATE: December 13, 1979 SUBJECT: Rotary Club Donation for Community Services Van The Eden Prairie Rotary Club has agreed to provide up to $2000/year for the next 3 years for purchase of a van to be used by the Community Services Department for the Senior Citizen Transportation Program. City staff is presently securing information on costs of new and used vans that would meet the transportation needs of the seniors. Hopefully, • by Tuesday evening we will have more definite information on van costs. BL:md • • • • 3 7q • • MEMORANDUM TO: Mayor and City Council THRU: Roger K. Ulstad, City Manager FROM: Bob Lambert, Director of Community Services SUBJECT: Report on Community Center Committee First Meeting • The Community Center Committee met for the first time on December 13, 1979 at City Hall. The committee elected Osterholt as chairperson and then discussed the purpose of the committee. Committee members agreed the • • purpose of the committee was to review architectural firms and make a • recommendation to the City Council on a firm or firms and to work with the • architect through the design process. After design and plans are approved, the committee would terminate, but could be recalled if any major changes become necessary. • Major discussion at the meeting revolved around the process the committee • should take for the selection of an architect. It was decided that it would be important to get professional advise regarding a proper selection process to insure that the City gets the best firm for this type of structure. The committee agreed to request an architect to attend the next meeting to help the committee determine a selection process and • appropriate questions in the request for proposals. Osterholt requested each committee member to prepare a list of questions they would like answered by the next meeting. • Wigen agreed to provide a list of ice arenas with good designs so that Lambert could check to insure that the architects of those designs are being included in the request for proposals. A target date of February 1, 1980 was established for selection of an architect. Lambert reported that Braun Engineering is checking soil borings to a depth of • SO' on east side of the high school. Johnson noted that the soil in that area is not good and may present a problem with construction. The next meeting is scheduled for Thursday, December 27, 1979 at 7:00 P.M. Minutes of these meetings will be sent to the Council and Parks, Recreation and Natural Resources Commission upon approval. • BL:md 110 • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services . DATE: December 10, 1979 SUBJECT: Bluff Property Preservation Over the past several months, Mr. Richard Feerick has discussed the possibility of development of the Darril Peterson farm in southwestern Eden Prairie. This farm is located north of 169 and south of Riley Creek, approximatley one quarter of a mile east of the Eden Prairie Carver County border. Nearly half of this site contains deep ravines and wooded bluffs facing the Minnesota River. It is a beautiful site offering many panoramic views of the Minnesota River Valley. However, the southern half of the site, which includes the bluffs, is very difficult to develop due to the excessive amount of grading that access roads would require. Mr. Peterson also expressed some interest in selling the bluff portion of his property to the Fish and Wildlife Service of the Department of Interior as a • part of the Minnesota Valley Wildlife Refuge/Recreation Area. Mr. Feerick has contacted the appropriate Department of Natural Resources ( staff to review the site and make a recommendation to the Department of Interior. The City has been requested to provide a letter to Mr. Robert L. Herbst of the Department of Interior stating that the City Council would support bluff property acquisition within the City for purposes of enhancement, protection and conservation of the Minnesota Wildlife Refuge. After discussing the possibility of this type of land use for that bluff area, City staff recommends support of this acquisition as it is felt this offers a unique opportunity to preserve the wooded ravines, the natural springs and the high bluffs. BL:md MEMO TO: Mayor Penzel and Members of the City Council THROUGH: Roger Ulstad, City Manager • FROM: Carl Jullie, City Engineer DATE: December 13, 1979 SUBJECT: Bids for Street Sweeper Pursuant to Council authorization on November 20, 1979, sealed bids were received and opened at 10:00 A.M. on December 11, 1979, for a new 1980 street sweeper. Two bids were received as follows: MacQueeo.Equipment,.Inc.• $48,095.00 St. Paul, MN T.M. Sheehan Equipment Co. $52,680.00 Sioux Falls, S.D. • Our estimated bid price was $50,000 and this amount is included in the City's budget. Recommend award of contract to MacQueen Equipmetn, Inc., in the amount of $48,095.00. Delivery will be 16-18 weeks after receipt of order. 36az • • • • • MEMO TO: Mayor Penzel and Members of the City Council • THROUGH: Roger Ulstad, City Manager •. • FROM: Carl Jullie, City Engineer .. DATE: December 14, 1979 SUBJECT: New MSA Street Designations • Under the MSA Rules and Regulations, cities are allowed to designate up to 20% of their total local street mileage as Municipal State Aid Poutes. An- nual money allotments are then accrued to each community based upon the estimated cost to improve such designated routes and also upon the population of each community. Of the total MSA funds dispersed, 50% is spread on the basis of money needs and 50% is based on population. At this time Eden Prairie is allowed to designate an additional 4.56 miles of MSA routes based upon the 20% formula, plus certain changes in the align- ment of some existing MSA routes. These changes, plus the new designatios, are shown on the attached map and are described in Resolutions No. 79-226 an 79-227, respectively. The locations of the new designations are schematic only and these alignments would be refined prior to any construction. Recommend approval of Resolutions 79-226 and 79-227. • CJJ:kh Attachment • • • • • 3633 :',-:''''. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-227 • A RESOLUTION ESTABLISHING A NEW PORTION TO MUNICIPAL STATE-AID ROUTE SYSTEM • ,- ' WITHIN THE CITY OF EDEN PRAIRIE . WHEREAS, it appears to the City Council of the City of Eden Prairie that the roads hereafter described should by designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1959, Chapter 500; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eden Prairie that the roads described as follows, to wit: • MUNICIPAL STATE AID Beginning at the junction with the Street No. 102 Interchange Distributor Road (approximately , Preserve Boulevard one-fourth mile north and one-fourth mile west of the southeast corner of Section 14, ( Township 116 north, Range 22 west); thence southerly approximately one-half • mile to the junction with Anderson Lakes Parkway (approximately one-fourth mile south and one-fourth mile west of the northeast corner of Section 23, Township 116, Range 22 west); a total distance of 0.52 miles .and there terminating. MUNICIPAL STATE AID Beginning at the junction of Interstate Street No. 112 Highway 494 and Hennepin County Road 60; Valley View Road thence westerly approximately two tenths mile; thence southwesterly approximately three-tenths mile; thence westerly approximately one-tenth mile to the junction with Schooner Boulevard (MSAS 111) approximately one-fourth mile west and three tenths mile north of the southeast • • corner of Section 10, Township 116, Range 22 west) a total distance of approx- imately 0.62 miles and there terminating. 36711 • MUNICIPAL STATE AID Beginning at the junction of Scenic Heights Street No. 114 Road (MSAS 105) and Hennepin County Road 4; Scenic Heights Rd. thence westerly approximately two-tenths • mile. thence southwesterly approximately ' `. two-tenths mile; thence westerly approxi- mately seven-tenths mile to the junction with Dell Road (MSAS 113) (approximately one-fourth mile west and one-fourth mile • north of the southeast corner of Section 18, Township 116 north, Range 22 west) for • a total distance of approximately 1.10 miles and there terminating. MUNICIPAL STATE AID Beginning at the junction of Dell Road Street No. 115 (MSAS 113) and Hennepin County Road 1; Dell Road thence southerly to the junction with Trunk Highways 169-212 a total distance of approximately 0.95 miles and there • terminating. MUNICIPAL STATE AID Beginning at the junction of Scenic Heights Street No. 116 Road (MSAS 105) and Mitchell Road (MSAS 104) Mitchell Road thence southerly approximately six-tenths mile; thence southwesterly approximately ( two-tenths mile; thence southerly approximately four-tenths mile; thence southwesterly approximately three-tenths mile to the junction • with Hennepin County Road 1 (approximately three-tenths mile west and five-hundredths mile north of the southeast corner of Section 21, Township 116 north, Range 22 . west) a total distance of approximately 1.55 • miles and there terminating. • MUNICIPAL STATE AID Beginning at the junction of Homeward Hills Street No. 117 Road and Hennepin County Road 1 (approximately Bluffs Boulevard one-half mile east and one-fourth mile south of the northwest corner of Section 26, Township 116 north, Range 22 west) thence northerly to the junction with Anderson Lakes , `f Parkway (approximately one-half mile east and one-tenth mile north of the southwest corner of Section 23, Township 116 north, Range 22 west) a total distance of approximately 0.90 miles and there terminating. 3cB MUNICIPAL STATE AID Beginning at the junction of Schooner Boulevard Street No. 118 (MSAS 111) and Valley View Road (MSAS 110 & -Schooner Blvd. North 112) (approximately one-fourth mile west and Extension three-tenths mile north of the southeast corner of Section 10, Township 116 North, Range 22 west) thence northerly approximately one-tenth mile; thence north northwesterly approximately • two-tenths mile; thence northerly approximately • two-tenths mile to the junction with Hennepin County Road No. 60 (approximately one-third • mile west and three-fourths mile north of the southeast corner of Section 10, Township 116 north, Range 22 west) a total distance of • . approximately 0.46 mile and there terminating. MUNICIPAL STATE AID Beginning at the junction of Hennepin County Street No. 119 Road 39 and Smetana Lane (approximately one- Valley View Road fourth mile west and one-fourth mile north of the southwest corner of Section 12, Township 116 north, Range 22 west) thence southeasterly • approximately one-tenth mile; thence east northeasterly approximately two-tenths mile; thence north northeasterly approximately three- • tenths mile to the junction with Hennepin County Road 39 (approximately one-third mile ( • east and one-third mile south of the northeast corner of Section 12, Township 116 north, . Range 22 west) a total distance of approximately 0.59 mile and there terminating. be, and hereby is established, located and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Highways of the State • of Minnesota. • BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as Municipal • State-Aid Streets of the City of Eden Prairie, to be numbered and known as the above numbered Municipal State-Aid Streets. ADOPTED by the City Council on • ( Wolfgang H. Penzel, Mayor ATTEST: -SEAL Tohn D.I'rane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 79-226 A RESOLUTION REVOKING ESTABLISHED MUNICIPAL STATE AID STREETS • WHEREAS, it appears to the City Council of the City of.Eden Prairie that the roads hereinafter described should be revoked as Municipal State Aid Streets under the provisions of Minnesota Laws of 1959, Chapter 500; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Eden Prairie that the roads described as follows, to wit: MUNICIPAL STATE AID STREET ND. 102 Beginning at the junction with County Preserve Blvd. State-Aid Highway No. 1 and the west line of Section 25, Township 116 north, Range 22 west; thence northerly approx- imately one-fourth mile; thence north • - westerly approximately three-fourths oile; thence northeasterly approximately • three-tenths mile to the junction with East-West Parkway, thence northerly ap- proximately one-half mile to the junction ( • (approximately one-fourth mile north and one-fourth mile west of the southeast corner of Section 14, Township 116 north, Range 22 west) with the Interchange Dis- tributor Road (S.E. Quadrant) for a total distance of approximately 1.80 miles and there terminating. MUNICIPAL STATE AID Beginning at the junction of Interstate Street No. 112 Highway 494 and Hennepin County Road 60; Schooner Boulevard thence westerly approximately four-tenths mile, thence southwesterly approximately two-tenths mile to the intersection of Valley View Road (MSAS 110), and Schooner Boulevard (MSAS 111), a total distance of approximately 0.63 miles;.nd there terminating. be, and hereby are, revoked as Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration. ADOPTED by the City Council on 19 Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk • 3bb8 CITY OF EDEN PRAIRIE .‘ HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 79-228 • • A RESOLUTION APPROVING FINAL PLAT OF SUNSET CREST • WHEREAS, the plat of SUNSET CREST 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 ali'iproceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: • A. Plat Approval Request for SUNSET CREST is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated December 13, 1979. • 8, 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. C, 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. D. 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 AT1EST: SEAL John D. Frane,Clerk 3'," ( 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: December 13, 1979 SUBJECT: SUNSET CREST PROPOSAL: The Developer, Audrey Buss, is requesting City Council approval of the final plat of Sunset Crest, a single family residential plat consisting of 3 lots located south of Maple Leaf Acres 2nd Addition in Section 6. HISTORY: The preliminary plat was approved on August 7, 1979 per council Resolution No. 79-136. Zoning to RI-13.5 was finally read and approved on August 21, 1979 per Ordinance No. 79-26. ( The final plat submitted for approval conforms with the approved preliminary plat. VARIANCES: Any variance requests must be approved by the Zoning Board of Appeals. UTILITIES AND STREETS: Utilities and streets serving this plat have been installed through City contracts and assessed to benefitting properties. A vacation hearing is scheduled for 12/18/79 which would vacate the north 5' of the 20' easement shown across the south lines of lots 2 & 3. Assuming approval of this vacation, the easement shown on the final plat should be amended accordingly. PARK DEDICATION: Lots 1 and 3 will be required to pay a cash park fee of $325.00 per lot at time of building permit issuance. BONDING: Bonding will not be required for this.plat. RECOMMENDATION: Recommend approval of the final plat of Sunset Crest in conformance with the requirements of this report and the following: 1. Receipt of fee for City Engineering Services in the amount of $90.00. CJJ:sg 90 • TO: Mayor and City Council FROM: John D. Frane DATE: December 14, 1979 RE: Request for time extension - M.t.D.B.'s Eden Hills Co. • The Eden Hills Company, a partnerhsip, received preliminary approval of M.S.D.B.'s in January of 1979. The memorandum of agreement specified that final approval be granted within 12 months from the date of preliminary approval. The applicants are requesting a 12 months extension to January 16, 1980. A copy of their request is attached. The City Attorney's office indicates the request could be approved by a motion of the City Council. JDF:bw 12/14/79 / i`r 40, ri 41 ,0 ` , ' '') r. J f ' • 3G9a JURAN & MOODY. INC. MUNICIPAL BONDS EXCLUSIVELY 114 EAST SEVENTH STREET SAINT PAUL,MINNESOTA 55101 TELEPHONE 612/296-1500 December 7, 1979. Mr. John Kirby Dorsey, Windhorst, Hannaford, Whitney &Halladay Attorneys at Law. • 880 W. First National Bank Building • St. Paul, MN 55101 RE: CITY OF EMI IVAIRI -EDEN HMJ.S COMPANY INDUSTRIAL DEVEICPMENI REVENUE BONDS Dear John: • In January of 1979, the City Council of Eden Prairie passed a preliminary resolution authorizing the issuance of a $1,600,000 Cmnarcial Development • Revenue Note for the Eden Hills project. This project received the approval of the C,Tnnt sioner of Securities on June 18, 1979. The Memorandun of Agreement which was drafted in connection with this issue (copy enclosed) contains in Paragraph 4(a) the General Provision that within twelvemonths from the date of the resolution, or such other date as may be mutually satisfactory to the City and the Company, that the terms and conditions of the Revenue Agreement, the Note and other instruments and proceedings have been agreed upon. As you know, market conditions since June of 1979 have made financing much more difficult to obtain than had been the case when the resolution was first presented to the City Council about a year ago. The developer is earnestly pursuing this project financing, and requests that the twelve month requiraa nt be extended as provided for in the Memaranduan of Agreement, or waived altogether in order that he may be able to continue his work on this project. A principal of the Eden Hills Company has discussed this problem with the City Staff, and has been infodILd there is no general City requirement that their preliminary resolutions be in force for only twelve unnths. l • JURAN 8 MOODY. INC. Mr. John Kirby f December 7, 1979 Page 2 Mr. Richard F. Fosow, of Lang, Pauly&Cregerson, Ltd., who n•cpLesents the City, and I have discussed the problem and he suggests that it could be resolved if you were to write a letter to the City Council and himself stating that the Council could sirply agree to amend the Memarandun of Agreement at their next meeting, December 18, 1979. In order to do this, your letter would have to be in the hands of the City no later than Wednesday, December 12, 1979, which is their agenda date. If you have any questions, please do not hesitate to contact me. Sincerely, JURAS&&MOODY, INC. - ell L. Prince • RLP/tld ( Enclosure cc: Mr. Richard F. Rosow, City Attorney's Office Mr. John D. Prone, Finance Director ,,/ • Mr. Howard C. Rekstad, Eden Hills Company 9 b 3 M �.. MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT, dated as of October. , 1978, between the City of Eden Prairie, Minnesota (the City), and Eden Hills Company, a Minnesota partnership (the Company), provides as follows: 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in this Agreement are the following: (a) The City is authorized and empowered by the provi- sions of Chapter.474, Minnesota Statutes, as amended (the Act), to issue revenue obligations to defray the costs of a project as defined in the Act. • (b) The Company has proposed that the City, pursuant to the Act, issue one or more mortgage revenue notes to defray the costs to be incurred in connection with the acquisition of approximately 7 acres of land and construction and equipping thereon of an 86,532 square foot office and warehouse facility (the Project), and that the City and the Company enter into one or more lease, sale or loan agreements or similar agreements satisfying the requirements of the Act (the Revenue Agreement) . • ( (c) The Company wishes to obtain satisfactory ass-ranee from the City that the proceeds of the sale of the notes of the City will be made available to finance the Project. (d) Subject to due compliance with all requirements of law, the City by virtue of such statutory authority as may now or hereafter be conferred by the Act, agrees to issue and sell its notes in a principal amount not exceeding $1,600,000 (the Notes) to pay the costs of the Project. (e) The Notes shall be limited obligations of the City and the principal of and interest on the Notes shall be payable solely out of revenues derived from amounts payable to the City by the Company pursuant to the terms of the Revenue Agreement. 2. Undertakings on the Part of the City. Subject to the conditions stated in (d) of paragraph 1 hereof, the City agrees as follows: (a) That it will authorize the issuance and sale of the Notes, pursuant to the terms of the Act as then in force. (b) That, if it issues and sells the Notes, it will, as requested by the Company, enter into one or more Revenue Agreements with the Company. The lease rentals, installment sale payments, loan payments or other amounts payable under the Revenue Agreements will be sufficient to pay the principal and interest and redemption premium, if any, on the Notes as and when the same shall become due and payable. 3LgaC TO: Mayor and Council FROM: John Frane C DATE: December 14, 1979 RE: M.I.O.B. Guidelines The following criteria could be used in developing guidelines for the issuance of Industrial Revenue Bonds: I Investment by the applicant Percentage minimum of 5, 10, 15, 20, 25 or ? II Type of Employment "White Collar"/"Blue Collar" some ratio? III Financing Vehicle Mortgages only, Bonds or Mortgage, Bonds Only IV Use of Bond Proceeds Permitted by law, no specialized equipment, only for costs which increase assessed value V Occupant of the project 100% owner, 25% owner 75% leased, 50-50-, 75-25, any combination VI Terms of lease to length of I. R. Financing 25%, 50%, 75% VII Financial Evaluation of Applicant Representation of Underwriter/purchaser, Earnings test VIII Minimum Employment per gross square footage of building IX Acceptable (or non acceptable) uses Retail (by appearance) Inside Sale Inside/outside sales Retail (by type) Grocery Hardware Building Products Automotive (Parts or Auto Sales) Gasoline Stations Office/Office Warehouse Inside Storage Outside Storage Service Financial (Bank/Insurance/Leasing) Restaurant Fast Food Public Service (Gas, Electricity, Phone) Storage and/or Delivery Medical Legal Industrial Consumer Industrial Goods • • • 3. Undertakings on the Part of the Company. The Company agrees as follows: (a) That it will use all reasonable efforts to find one or more purchasers for the Notes. (b) That contemporaneously with the delivery of the . Notes the Company will enter into one or more Revenue Agreements with the City under the terms of which the Company will agree to • pay to the City sums sufficient in the aggregate to pay the prin- cipal of, interest on and redemption premium, if any, on the Notes • as and when the same shall become due and payable. 4. General Provisions. (a) All commitments of the City under paragraph 2 hereof and of the Company under paragraph 3 hereof are subject to the condition that within twelve months from the date hereof (or such • other date as shall be mutually satisfactory to the City and the Company), the City and the Company shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the Notes and of the other instruments and proceedings relating to • the Notes. (b) The Company agrees to pay any and all project costs incurred by the City whether or not the project is approved by the Commissioner of Securities; whether or not the project is carried to completion; and whether or not the Notes or operative instruments are executed. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement by their officers thereunto authorized this day of October, 1978. EDEN HILLS COMPANY By Its Partner CITY OF EDEN PRAIRIE, MINNESOTA By Mayor (SEAL) Attest: • City Clerk • .R�