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HomeMy WebLinkAboutCity Council - 12/02/1980 s APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MINUTES ( TUESDAY, DECEMBER 2, 1980 7:30 PM, CITY HALL COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel , Dean Edstrom, Dave Osterholt, Sidney Pauly and Paul Redpath COUNCIL STAFF PRESENT: City Manager Roder K. Ulstad; City Attorney Roger Pauly; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; Finance Director John Frane, and Joyce Provo, Recording Secretary INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROIL CALL: All Council members present. I . APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Item III . B. Scoreboard for Community Center was removed from the Consent Calendar to item VIII . D. 3. Appointment of 1 representative to the Hazardous Waste Committee was added as item VIII . A. 3. MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended and published. Motion carried unanimously. II . PRESENTATION BY EDEN PRAIRIE AMERICAN LEGION POST No. 409 (Hank Bach, Cedric Warren an Vernon Seck Post Commander Hank Bach of the Eden Prairie American Legion Post No. 409, along with District Vice Commander Cedric Warren)presented a flag to Mayor Penzel to be flown outside City Hall . Mayor Penzel expressed thanks to the Eden Prairie American Legion Post No. 409 and its members on behalf of the Council . III. CONSENT CALENDAR A. Clerk' s License List B. Scoreboard for Community Center (continued from 11/18/80) This item was moved from the Consent Calendar to item VIII. D, 3. C. Snowmobile Trail Resolution D. Permission to receive bids for 1 skid steer loader E. Resolution No. 80-235 granting final approval for Municipal Industrial Development Bonds in the amount o 2,300,000. 0 for Braun-Kaiser Council Minutes - 2 - Tues. ,December 2, 1980 5 F. Joint Use Rental Agreement with MWCC for DL-1 Trunk Sewer MOTION: Osterholt moved, seconded by Redpath, to approve items A, C, D, E and F on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. EDENGATE SINGLE FAMILY by Catco, Inc. Request to rezone approximately 40 acres from RM 6.5 to R1-13.5, preliminary plat approval for 83 single family lots, and approval of Environmental Assessment Worksheet. Located north of Duck Lake Trail and west of new Dell Road. (Resolution No. 80-232 - EAW; Ordinance No. 80-31 — rezoning; and Resolution No. 80-233 - preliminary plat) Bruce Knutson, Bruce Knutson & Associates, representing the proponent, spoke to the proposal and answered questions of Council members. Planning Director Enger explained this item was first reviewed by the Planning Commission on 10/27/80, and subsequently at the November 10th meeting the Environmental Assessment Worksheet was reviewed. The Planning Commission voted 4 - 2 in favor of the rezoning and platting request. Enger added Commissioner Bentley at a subsequent meeting dtd correct the minutes to indicate2 his "nay" vote was toward the preliminary plat to indicate his disapproval on the action taken by the Planning Commission to not connect Harrogate Drive. i The Planning Commission recomended approval subject to the Staff Report of 10/24/80 including that the connection to Harrogate Drive be deleted and the new road cul-de-saced. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission reviewed this item on November 3rd and again on December 1st, recommending approval as per the Planning Staff Report dated 10/24/80. Theil Commission suggested to the Council it is important to keep the access through making a connection with Harrogate Drive mainly to make sure that this neighborhood has access to the future neighborhood park that is going to be located in the northwest. Enger reiterated it is the Planning Staff and Parks , Recreation & Natural Resources Commission's recommendation to connect Harrogate Drive, and the Planning Commission' s recommendation not to connect. f Greg Gustafson, Attorney for Catco, Inc. , clarified that originally they submitted the plan with the connection based upon the Staff's suggestion. The comments at the Planning Commission were really vocally expressed by the residents that they didn't want to have any increased traffic in that area. From the proponents standpoint they also prefer to have a cul-de-sac. With respect to the suggestion of the Parks, Recreation & Natural Resources Commi ssi+c, Gustafson stated he doesn't see any reason why if Harrogate is cul-de-saced there can't be some kind of a path accommodation which the proponents would be amenable to. i Joe Mischel , 6681 Tartan Curve, asked if the hill is going to be removed, how much grading the proponents are actually going to do, and what types of homes are going to be put in the area? (� Enger replied to the first part of Mr. Mischel 's question regarding the grading and displayed a grading plan pointing out the area Mr. Mischel is concerned about, that being the south central portion of the plat where the most severe cut occurs. Enger commented it is a considerable cut, however it will be recontoured. It has been recommended that prior to a final plat Council Minutes - 3 - Tues. ,December 2, 1980 A. EDENGATE SINGLE FAMILY (continued) m the proponent prepare a mass grading plan which not only shows the grading !. necessary for the road, but mass grading necessary for the rough grading of the lots. It is a little difficult to tell how much of the hill will be removed at this point. ' Mr. Gustafson responded to the second part of Mr. Mischel 's question regarding the ty pe of homes noting the final marketing program hasn't been concluded. However, it is their expectations the range of the lots would be in the $20,000 - $30,000 range, and the homes would generally be 4 or 5 times the lot price, i .e. , $90,000 to $150,000 for the finished product. Mr. Mischel referred to the townhouse development project previously proposed where there was a considerable buffer zone proposed. Mischel added a lot of the residents who abutted that buffer at that time planted a considerable number of trees and shrubs, etc. , to shield the townhouse development project and their homes. These plants and shrubs .are not on the residents lot lines nor in their lots but- are on the other side because of the proposed buffer zone. Mischel asked if it would be possible to save these trees, and to provide a little bit of continuity between the residential lot lines, and the proposed lot lines . Mr. Gustafson replied with respect to the trees, it is certainly the intention to save the trees whenever possible, He added he is not in a position to guarantee to encumber the land with that restriction. To the request that the lot lines be lined up, Gustafson stated the proponents would prefer not to as from their standpoint they lose a lot without gaining anything in the ( overall plan. Bob Kruell , 6780 Tartan Curve, did not feel sufficient information/material has been available on this particular project compared with the reams of material normally available on such projects. Penzel replied information/material is readily available through City Staff. Since notification of the Public Hearing was available well before this evening and even well before the Planning Commission meetings , anyone who was interested in finding out the details about the proposal could obtain that information from City Hall . Osterholt added the Council has been somewhat familiar with the Edengate area since they have been working with it back to 1970 so this is not a snap judgement. Osterholt further stated he feels this is a much better project than what was originally presented. Pauly explained the other project which the Council looked at was a developer trying to put multiple in an area next to single family, where the Guide Plan calls for single family low density housing. This particular project fits the neighborhood, the Comprehensive Guide Plan, and it is an area the Council all knows well . Sandy Collins, 6641 Tartan Curve, stated they have lived on Tartan Curve since 1971 and have been waiting hopefully for some kind of a neighborhood park, and would like to know with this addition of 83 homes if they are going to have any type of park. Lambert replied with this addition the City does not anticipate developing a neighborhood park. The City has a designated neighborhood park located directly north of Mrs. Collins' neighborhood and have anticipated acquiring that when the area is developed. If it goes on much longer and the City receive_ a lot of pressure from the neighborhood, the City might not be able to wait Council Minutes - 4 - Tues. ,December 2, 1980 A. EDENGATE SINGLE FAMILY (continued) for that new development. Council instructed staff to intensify their search for a neighborhood parka MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and adopt Resolution No. 80-232, finding the Environmental Assessment Worksheet for Edengate Single Family a private action does not require an Environmental Impact Statement. Motion carried unanimously, MOTION: Redpath moved, seconded by Osterholt, to give a 1st Reading to Ordinance No. 80-31, rezoning approximately 40 acres from RM 6.5 to R1-13,5 for Edengate Single Family by Catco, Inc. Motion carried unanimously, MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No, 80-233, approving the preliminary plat for Edengate Single Family by Catco, Inc. and directing staff to draft a •developer`s agreement incorporating the recommendations of the Planning Staff Report dated 10/24/80 and the Parks, Recreation & Natural Resources Commission including the central cul-de-sac along the 920 contour toward the west to connect with Harrogate Drive, and the recommendations of the Planning Commission excluding the recommendation that the connection to Harrogate Drive be deleted and the new road cul-de-sated. Motion carried unanimously. B. CABLE TV PUBLIC HEARING Because of the review necessary by the Minnesota Cable TV Board, Ulstad requested that this item be rescheduled to the December 16, 1980 Council meeting. MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and that no action be taken, Motion carried unanimously. MOTION: Edstrom moved, seconded by Redpath, to set December 16, 1980 as the Public Hearing date for Cable TV. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 4101 _ 4302 MOTION: Redpath moved, seconded by Osterholt, to approve Payment of Claims Nos. i 4101 - 4302. Roll Call Vote: Redpath, Osterholt, Edstrom and Penzel voted "aye" on all claims; Pauly "abstained" on Claim No, 4246 and voted "aye" on all other claims. Motion carried. VI. REPORTS OF ADVISORY COMMISSIONS Osterholt noted the award received by Dick Anderson for his outstanding service in the park and recreation field from the Minnesota Recreation and Park Association. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Belvedere Interim Use Amendment by On4elay. Request to change dental office interim use at 8480 Franlo Road to an adolescent treatment center to be called "Prairie House". John Curran, Executive Director of On-Belay Corporation, who would be leasing the building from Dr. Belvedere for an adolescent alcohol and drug treatment center for an interim use, spoke to the request indepth. y Council Minutes - 5 - Tues . ,December 2, 1980 A, Belvedere Interim Use Amendment by On-Belay (contjnuedl Curran explained they did receive approyal from the Planning Commission along ( with approval from the Human Rights & Services Commission, and are now k requesting approval from the City Council , Curran stated he believes in focusing in a community where they can be good neighbors and can contribute back to the community as well as providing a service, Therefore, they have a cm omunity based advisory committee that they would select -� people from the neighborhood, police department, churches and the schools , to help assure they are meeting the needs of the City as well as the needs of their clients. On-Belay Corporation gives priority to the youth in the community in which they are located, the next priority would be the other communities in the South Hennepin area of Bloomington, Edina and .Richfield, then to the rest of Hennepin County, and only after that it might go outstate, On-Belay is a profit organization and would be paying taxes. Mr. Curran responded to questions raised by Council members. Osterholt expressed concern regarding the interim use conc6pt, especially the one before the Council this evening where there was an interim use for a dental office and now a second interim use for the same facility for the On-Belay Corporation. Planning Director Enger replied the policy that has been established for an interim use is less than 5 years . With the exception of the Baptist home office, the intent is not to add on or perpetuate an interim use.. In the case of On-Belay Corporationj.it was a question of where they fit in our community. Enger stated in his opinion there is not a category in the zoning ordinance for interim uses. The precedent has been set in the Major Center Area because it is a large planned unit development to allow some flexibility in the ordinance. Enger saw this particular area as the only area in town from a technical ordinance standpoint where it could possibly be allowed. Osterholt asked if the proponents understand there is a five year limitation? Mr. Curran replied in the affirmative, expressing the fact they are interested after the Council gets to know them and they have been in the community for awhile to come back before the Council for a permanent zone. Redpath commented on the fact that the massive addition for a five year period is quite expensive. Curran responded they are aware of this fact, however, it turns out to be less expensive than to go into an office building where they have to build walls and tear up the concrete inside. The addition will be consistent with the design of the house and it could be utilized either as an ongoing office as the MCA develops , or as a home, even though it would be quite large. Pauly stated she is most supportive of group homes and thinks the one proposed is an excellent one and recognizes the need for this kind of facility, However, when the Muriel Humphrey residences were approved over the opposition of the people in The Preserve, it was the intent of the Council there would not be another group home located in The Preserve until there were others throughout Eden Prairie. Pauly felt the Council would be breaking faith with ! the people in The Preserve by putting in effect another group home in the sane ( sector which is precisely what the Council said they would not do. Curran added he has tried to be responsive to the concerns of the neighbors and has met with them and gone through all the appropriate procedures of the City. Four or five of the immediate neighbors were in attendance at the meeting and he left 7 packets to be distributed to the other neighbors. S Council Minutes - 6 - Tues. ,December 2, 1980 A. Belvedere Interim Use Amendment by On-Belay (continued) Councilwoman Pauly asked if the group home ordinance prohibits because of its restrictions , this kind of use in this particular building. City Attorney Pauly replied he does not believe the group home ordinance applies in this case. Chuck Pufahl , 8560 Franlo Road, expressed concerns regarding property values, sewage, the traffic this facility will generate, and the security of the house. Councilwoman Pauly felt before any action is taken on this proposal the people in The Preserve sector should be notified the Council is considering this proposal . MOTION: Pauly moved, seconded by Osterholt, to continue consideration of this request to the December 16, 1980 Council meeting, and direct staff to notify residents in The Preserve sector from Anderson Lakes Parkway north that this matter will be on the December 16th Council agenda. Motion carried unanimously. Mayor Penzel read the letter addressed to the residents of Eden Prairie dated December 2, 1980, from the City Council accepting City Manager Ulstad's resignation effective January 30, 1981 . CAttached as part of mtnutesl B. Menard Additon Re plat by Menard, Inc, Request to repiat Outlots D, E & F, Menard Addition Resolution No. 80-234) Planning Director Enger explained this item was reviewed by the Planning Commission on 9/8/80 and continued 4 separate times. Most of the concern about the request was due to screening from the north from the Topview area, and the requests for continuance from Menard's were in an attempt for them to be able to try and address those questions. The item was last heard on November 24th and the Commission recommended to the City Council on a 6 0 vote that the preliminary plat as revised be approved with recommendations as detailed in minutes. Dan Johnson, Suburban Engineering, representing the proponents, spoke to the request specifically addressing the screening Menard's is proposing on a portion of existing Valley View Road which is anticipated to be vacated. Penzel asked when Menard's plans on living up to the commitment made to the neighbors regarding the screening , planting and necessary berming on the properties of those residential homeowners because of the difficulties that exist with the elevation of Valley View Road and the properties themselves. Mary Prochaska, Menard, Inc. , replied they really haven't had anything to address the residents with up until this time; however, now is probably an appropriate time if the property owners are interested. Some of the neighbors have told Mr. Prochaska they are trying to put together a committee or a body of the residents to discuss the berming situation, and Menard's is willing to f meet with them. Penzel asked what the appearance of the roof will be as time goes on. Prochaska replied it is a galva^ized surface and the shiney finish which shows now will turn to a grey finish, s fo Council Minutes - 7 - Tues. ,December 2, 1980 B. Menard Addition Replat (continued) z Penzel further questioned when the trees will be replaced where they were inadvertently taken down . Prochaska replied the trees will be replaced as soon as the black dirt stockpile is used up. Mr. Verkuilen, 12650 Valley View Road, commented when Menard's removed their elm trees they knocked down good healthy vegetation and good size ash trees. Osterholt felt the sooner Menard's put in plantings/trees to make the area r . look green again, there will be less problems with the community. Edstrom asked if the residents of the committee were in favor of the terms, or if there is some other proposal the residents have in mind. Mr. Verkuilen responded if the City can get the right-of-way to Valley View, the berm and the vegetation Mr. Prochaska mentioned would solve the problem for about five homes east of Topview. The homes west of Topview along Valley View would probably have to have some vegetation put right on their yards and the homeowners association, which is being formed, will work with Mr. Prochaska on this . Edstrom felt the neighbors should have some say in what type and size vegetation should be used. George Bentley, Planning Commission member, explained when mature vegetation was discussed at the Commission it was intended to imply that the vegetation would provide adequate screening at the time it is put in, MOTION: Redpath moved, seconded by Osterholt, to adopt Resolution No, 80-234, approving the Menard Addition Replat by Menard, Inc. for outiots D, E and F, subject to the recommendations of the Planning Commission's action of November 24, 1980 with an addition to item 2 "as delineated by the City Staff". C. Re nest from Eden Hills Company for reauthorization of their Municipal Development Bond resolution Mr. Russell Prince, Juran & Moody, Inc. , spoke to the request of the Eden Hill Company to reinstate their previous preliminary resolution authorizing the use of tax-exempt financing for their project as outlined in communication dated November 24, 1980 (attached as part of minutes). John Kirby, bond counsel with the Dorsey law firm representing the proponents , and Howard Rekstad, Eden Hill Company, were also present and answered questions . of Council members. Edstrom asked how much space Eden Hill Company or Rosewood Corporation are planning to occupy in this facility. Mr. Rekstad replied at this point they will not be taking any space. They may be taking some space for their trucking business, however, at this particular time he cannot say they will be taking 50% of the building. C Concerns were expressed b Council members i.e. speculative building, P Y . � Pe not 50 - 60% owner occupied, and previous requests granted for the same project. 7 Council Minutes - 8 - Tues. ,December 2, 1980 F C. Request from Eden Hills Company (continued) MOTION: Edstrom moved, seconded by Redpath, to approve the request from Eden Hills Company for reauthorization of their Municipal Industrial Development Bond resolution for 3 months. Edstrom voted "aye" ; Redpath, Osterholt, Pauly and Penzel voted "nay". Motion failed. Rekstad asked if they would come in reapply, if there is a chance the Council would look at them favorably. Councilwoman Pauly suggested Mr. Rekstad look at the criteria which the City has set up which are on file in the City Clerk's office. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment to the Human Rights & Services Commission to fill an unexpired term to 2/28/83 Penzel suggested the appointment of Stephen James to fill the unexpired term on the Human Rights & Services Commission. MOTION: Osterholt moved, seconded by Pauly, to appoint Stephen James to fill the unexpired term on the Human Rights & Services Commission to 2/28/83. Motion carried unanimously. 2. Appointment of the Development Commission to fill an unexpired term to 2/28/83 Penzel suggested the appointment of Joe Adams to fill the unexpired term on the Development Commission. MOTION: Pauly moved, seconded by Osterholt, to appoint Joe Adams to fill i the unexpired term on the Development Commission to 2/28/83. Motion carried unanimously. t j 3. Appointment of 1 representative to the Hazardous Waste Committee It was the consensus of the Council to appoint George Bentley to the Hazardous Waste Committee, with Sidney Pauly as an alternate and Gene Schurman as staff support. 4. Councilwoman Pauly announced there is going to be an information meeting at the Chaska City Hall , December 10, 7:30 PM, on the background of Highway #212. B. Report of City Attorney t 1. Animal Patrol - Joint Powers Agreement MOTION: Osterholt moved, seconded by Redpath, to approve the Joint Powers Agreement as submitted. Roll Call Vote: Osterholt, Redpath, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. C. Report of City Manager 1. Purchase agreement for 10 acres from Hustad City Manager Olstad spoke to detail to the proposal that the City negotiate S Council Minutes - 9 - Tues. ,December 2, 1980 1. Purchase agreement (continued) ( a purchase agreement for 10+ acres of land by the present City Hall from Hustad for constructing a maintenance facility with storage at $7,500 an acre with the 29% payment to occur this year, and the balance the follow- ing year, with an option on the balance of the property up to the cemetery extending a line in the westerly direction to the property line consisting of 14.4 acres for $7,500 an acre with a 9% increase per year. At the end of a three year period the City could enter into a contract for deed to pay for the property over the next two or three years. 19 MOTION: Redpath moved, seconded by Osterholt, to authorize staff to negotiate purchase and option agreements as outlined by City Manager Ulstad. Roll Call Vote: Redpath, Osterholt, Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously. 2. Petition received from residents of Southwest section of Eden Prairie City Manager Ulstad acknowledged the petition received from residents of Southwest section of Eden Prairie petitioning the Council to provide safe access to parks and facilities at Riley Lake and at Flying Cloud Airport by the construction of a bike trail to run west along County Road 1 from the intersection of County Road 4 to Crestwood Drive. Ulstad recommended that this petition be referred to the Parks, Recreation & Natural Resources Commission for a recommendation. MOTION: Osterholt moved, seconded by Pauly, to refer the petition received from the residents of the Southwest section of Eden Prairie �. to the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. D. Report of Director of Community Services 1. Park Use Ordinance Director of Community Services Lambert spoke to the changes recommended by the Parks, Recreation & Natural Resources Commission. General discussion took place regarding the revised ordinance and minor changes were made. MOTION: Redpath moved, seconded by Osterholt, to publish the Park Use Ordinance in the HAPPENINGS Newsletter as modified. Motion carried unanimously. 2. Sherwood Townhouse Association Request MOTION: Osterholt moved, seconded by Redpath, to remove the totlot structure in the Windsor Development of Prairie East 7th Addition as per the request of the Sherwood Townhouse Association and staff recom mendation. Motion carried unanimously. 3. Scoreboard for Community Center Director of Community Services Lambert displayed drawings of the scoreboard as revised. Council felt the revised scoreboard was much more acceptable than the original one proposed. 9 Council Minutes - 10 - Tues . ,December 2, 1980 4 3. Scoreboard for Community Center (continued) It was still felt improvements could be made on the scoreboard pertaining to the lighting of the advertising. Councilman Osterholt and Lambert offered to meet with the advertiser on this item, to be brought back before the Council on December l6th. E. Report of City En2i veer 1. Change Order No. 1, I.C. 51-341 - Anderson Lakes Parkway MOTION: Redpath moved, seconded by Osterholt, to approve Change Order No. 1, I .C. 51-341 - Anderson Lakes Parkway in the amount of $8,024.90. Roll Call Vote: Redpath, Osterholt, Edstrom, Pauly and Penzel voted"aye Motion carried unanimously. F. Report -of Finance Director { 1. Utility rates (continued from November 18, 1980) Finance Director Frane spoke to the additional information submitted to the Council . MOTION: Redpath moved, seconded by Edstrom, to give a lst Reading to Ordinance No. 80-32, approving the utility rate structure for 1981. Motion carried unanimously. p IX. NEW BUSINESS No "New Business". 1 X. ADJOURNMENT MOTION: Redpath moved, seconded by Edstrom, to adjourn the Council meeting at 11:51 PM. Motion carried unanimously. j _ /U .,� P . CITY OFFICES /8950 EDEN PRAIRIE ROAD/ EDEN PRAIRIE. MINNESOTA 55344/TELEPHONE(6121937-2262 December 2, 1980 Residents of Eden Prairie: In February of 1975 the City Council selected-Roger Ulstad to be City Manager of Eden Prairie. In view of the plans, goals and objectives of the City and its Council , this appointment provided unique opportunities, experiences and challenges available to only a few. The last six years have demonstrated that the citizens, Council , Manager and Staff have successfully worked together in getting the job done. Effective management requires an understanding of responzibi 1 i ties and rights of each position. The Council and Mr. Ulstad found this easy to accomplish, with goals clearly established, and a mutual confidence permitting effective and productive management. Many goals have been accomplished and an overall positive climate established in the management of City affairs. The City is well on its way to reaching the goals first set 12 years ago. r During the past few weeks, Mr. Ulstad has expressed to the Council his desire to become involved with private consulting and investment interests. He has indicated his request to resign from the position of City Manager, and it is with great regret that the Council accepts the resignation effective January 30, 1981. The Council joins with the citizens of our community and City Staff in wishing Mr. Ulstad every success in his new endeavors. The Council has every confidence in the abilities and dedication of our City Staff to carry on the business of the community. Sincerel , or W g H, enze Co- unci an Sid ey Councilman Dean Strom Councilman Paul Re pat Councilman Dave sterholt WHP:jp 'r t kr .1UIRAN & MOODY . INC . MUNICIPAL BONDS EXCLUSIVELY r 114 EAST SEVENTH STREET SAINT PAUL. MINNESOTA 55101 TELEPHONE 612/298-1SOO November 24, 1980 Mr. John D. Frane Finance Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55343 RE: EDEN HILL COMPANY $1,600,000 COMMERCIAL DEVELOPMENT REVENUE FINANCING Dear Mr. Frane: On behalf of the Eden Hills Company and its general partners, we are asking to be placed on the Eden Prairie City Council agenda for the evening of December 2, 1980 to ask the Council to reinstate their previous preliminary resolution authorizing the use of the tax-exempt financing for this project. The Rosewood Investment Fund has raised sufficient funds to allow the project to be constructed without the need to arrange for a tax-exempt construction loan. However, to proceed in December with the construction, the general partnership needs to have the preliminary resolution in full force and effect. The most straight forward approach to this, provided the City Council would be willing, would be to reinstate the previous resolution, since as far as the State is concerned, the project has already been approved and that approval is in good standing. With the old resolution reinstated, it would not be necessary for the City Council to deal with this matter again until the permanent loan documents and final resolution are presented for council approval. This would occur sometime in 1981. Mr. John Kirby, bond counsel with the Dorsey law firm, will be present at the December 2nd meeting to provide the necessary legal assurances that the matter may properly be handled in this manner. Sincerely, JURAN & DY, INC. Ru 1 L. Prince RLP/mr cc: John Kirby Howard Rek stad Richard Rosow I,2