City Council - 09/16/1980 APPROVED F
EDEN PRAIRIE CITY COUNCIL MINUTES
TUESDAY, SEPTEMBER 16, 1980 7:30 PM, CITY HALL
UNCIL MEMBERS: Mayor Wolfgang Penzel , Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Roger Pauly; Finance Director John Frane;
Director of Community Services Bob Lambert
City Engineer Carl Jullie; and Joyce Provo,.
PLEDGE OF ALLEIGANCE Recording Secretary
INVOCATION: Mayor Wolfgang H. Penzel
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER -ITEMS OF BUSINESS
The following amendments were made to the agenda:
A. Final plat approval for Gelco First Addition (Resolution No. 80-186) was
added to item VI . A.
B. Resolution No. 80-187, receiving 100% petition, ordering improvements and
re aration of plans and specifications for Public improvements in Sunset
Trails I .C. 51-392 was added to the Consent Calendar.C. Discussion on density trade-off was added as item VIII. A.
D. The following items Mere removed from the regular ,anenda and placed on
the Consent Calendar: VII . D. 3. Railroad right-of-way appraisal ;
VII D. 5. Resolution No.86=T77, authorizing filing of application for
grants to acquire park Ian under t e provisions of the Federal an
and Water Conservation Fund Act and the State-Natura esources un ;
VII. D. 6. Awardbids for Hidden Ponds and CreekwoodPark improvements;
E.
. Consider bids or street improvements in sMitchelleights
t Addition, I.C. - (Resolution o. - rove
sped ications or �me sludge removal at water p ant andoorder
advertisement for-b bids; VII .E. 3. Receive feasibility report for storm
rainage outlet or ake Idlewild, I.C. ST--MW-(Resolution No.
MOTION: Osterholt moved, seconded by Redpath, to approve the agenda as
amended and published. Motion carried unanimously.
II. CONSENT CALENDAR
A. Final plat approval for Pheasant Oaks (Resolution No. 80-184)
B. Final plat approval for Sunset Trails Estates (Resolution No. 80-185)
C. Set Public Hearing for October 21 , 1980 and November 4, 1980 for Cable TV_
D. Request to set Hearing for Lake Riley Estates Plat for October 21 , 1980
(�
E. Resolution No. 80-178, appointing Lorena Marks to the Community Development
Block Grant Planning Area Advisory Committee
City Council Minutes - 2 - September 16, 1980
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F. 2nd Reading of Ordinance No. 80-21 , rezoning 2 acres from Rural to R1-13.5
for 4 lots for Neill Woods 2nd Addition by The Preserve
G. Final plat approval for Neill Woods 2nd Addition (Resolution No. 80-173)
H. Final approval for Municipal Industrial Development Bonds in the amount of
4,000,000.00 for Vikings II , Inc. Resolution No. 80-179
I . Railroad right-of-way appraisal (approval of appraisal for $250.00) s
formerly item VII . D. 3. '
L
J. Resolution No. 80-177, authorizing filing of application for grants to
acquire park land under the provisions of the Federal Land and Water Conservatic
Fund Act and the State Natural Resources Fund formerly item VII . D. 5.
s
K. Award bids for Hidden Ponds and Creekwood Park improvements to Brown &
Cris, the low responsible bidder, in the amount of 28,980.26 (formerly item
V:I . D. 6. )
L. Consider bids for street improvements in Hi 's Mitchell Heights 4th Addition
I.C. 51-353A formerly item VII . E. 1 Awarded bid to Bury & Carlson , Inc. ,
the low responsible bidder, in the amount of $18,027.50.
M. Approve specifications for lime sludge removal at water plant and order
advertisement for bids formerly item VII. E. 2 e
N. Receive feasibility report for storm drainage outlet for Lake Idlewild, I.G.
{ 51-385 Resolution No. 80-183 -formerly item VII . E. 3
0. Resolution No. 80-187, receiving 100% Petition, ordering improvements p , g and
�reParation of plans and specifications for public improvements in Sunset
Trails I.0 539T—
MOTION: Redpath moved, seconded by Osterholt, to approve items A - 0 on the Consent,
Calendar. Roll Call Vote Redpath, Osterholt, Edstrom, Pauly and Penzel voted "aye
Motion carried unanimously.
III. PUBLIC HEARINGS
A. Renaming of 8 cul-de-sacs off Bluff' s Boulevard (continued from 8/5/80)
Ordinance No. 80-20
City Manager Ulstad stated there are 9 cul-de-sacs, rater than 8 as shown
on the agenda, that require naming and that City Engineer Jullie has received
a few suggestions from the property owners that reside on those cul-de-sacs.
City Engineer Jullie explained between the residents, City Staff and the
Hopkins Post Office, staff has tried to come up with a listing of names that
are pretty well acceptable with one or two exceptions, namely: 1) Brittany
Circle, 2) Edinburgh Circle , 3) Colony Circle, 4) Newport Circle, 5) Brownfarm
Circle, 6) Salem Circle, 7) Dover Circle, 8) Wimbleton Circle, and 9) Bristol
Circle. Also that Bluffs Boulevard be changed to Homeward Hills Road, and the
stretch of Bluffs Boulevard west of Homeward Hills Road be changed to Silverwooc
Drive.
Pauly referred to a telephone call which she received from one of the residents
on a cul-de-sac in question objecting to all the cul-de-sacs being called "Circ`
and asked if it was necessary to call them all "Circles".
City Council Minutes - 3 - September 16, 1980
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A. Renaming of 8 cul-de-sacs off Bluff's Boulevard (continued)
Jullie replied it was his suggestion to call them all "Circles" as he felt it
gives some consistency.
Craig Hoffmann, 10364 Bluffs . Boulevard, stated their cul-de-sac does not want
to be called a "Circle" , and that this would be a new policy inconsistent with
the others areas and why make a policy now when there has not been one before.
Also opposed to Brownfarm as one word, would like it to be two words "Brown F
Farm" , as there are other streets in the City with two names.
Ron Newman, 10407 Bluffs Boulevard, added he does not want "Brownfarm" under any
circumstances as one word; however, is willing to compromise and have "Brown
Farm" as two words and have it called a "Circle" . Would like "Brown Farm" for
historical purposes.
Chris Westby, 10456 Bluffs Boulevard, commented everyone on her cul -de-sac would
like "Devonshire Place" rather than "Devonshire Circle" . r
Wally James, 10340 Bluffs Boulevard, explained he is the one that secured
the lists from the residents as to their recommendations for names for the cul-
de-sacs , stating "Windsor" was the first choice for his cul-de-sac, 2nd
choice "Briar Cliff" , and the third choice being "Edinburgh" . James asked
why they could not have the first two choices .
f6
Jullie replied there is a developer in Eden Prairie who is quite active -
Windsor Development, and a lot of people associate their area as the Windsor
neighborhood, and Briar Cliff is too close to an apartment complex in Eden Prairi
._ known as "Bri arhi l 1" ,
Pauly stated she felt the residents were asked to pick their names for the cul-deb
sacs and their wishes should be adhered to.
MOTION: Redpath moved, seconded by Osterholt, to give a lst Reading to
Ordinance No. 80-20, changing the street names within the plats of Bluffs West
and Bluffs West 2nd Addition to coincide with names acceptable to the
residents as follows: 1) Brittany Way, 2) Edinburgh Circle, 3) Colony Court, j
4) Newport Drive, 5) Brown Farm Circle, 6) Salem Court, 7) Devonshire Place,
8) Wimbleton Court, and 9) Bristol Court. Further that Bluffs Boulevard
be changed to Homeward Hills, .and the stretch of Bluffs Boulevard west of Home-
ward Hills Road be changed to Silverwood Drive. Motion carried unanimously.
Penzel requested staff to ask the Postmaster to have change of address cards
dropped off to the residents affected by these changes.
B. 1980 Special Assessments (Resolution No. 80-181 , approving 1980 Special
Assessment RollsT
City Engineer Jullie spoke to the proposed assessment roll as outlined in
Exhibit A of Resolution No. 80-181 :
1. I.C. 51-322
No questions asked.
2. I.C. 51-342
No questions asked.
City Council Minutes - 4 September 16, 1980
B. 1980 Special Assessments (continued)
�.
3. I.C. 51-344 1
Scott Anderson, Anderson Development, asked for assurance that the special
assessments for Phase 1 , 2 and 3 would be equally subdivided throughout the
entire park. City Engineer Jullie replied that is the intent in accordance
with the recorded agreement that the assessments would be spread over the
entire development on a square foot basis.
4. I.C. 51-351 $ 51-351A
No questions asked. Jullie corrected the $3,801 amount to $3,425.
5. I.C. 51-353
No questions asked.
t
6. I .C. 51-355 r
No questions asked.
7. I.C. 51-259
Osterholt asked if the property owners knew they were on the assessment
roll this evening. Jullie replied the property were not notified this
item was on the agenda this evening.
Osterholt requested that action on this item be deferred to the October 7th
Council meeting, and that the people affected be notified that their deferment
has now ended and it will be certified for collection over 17 years beginning
in 1981 .
8. Supplemental Trunks
No questions asked.
9. Supplemental laterals
No questions asked.
10. Tree removal
No questions asked.
11. SAC Charges
No questions asked.
12. T.H. 169
No questions asked.
13. Ring Road (Schooner Blvd. )
No questions asked.
14. Ring Rd. STM
No questions asked.
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City Council Minutes - 5 September 16, 1980
15. Singletree STM
No questions asked.
16. Reassessment of Dell Road project, I.C. 51 -326
5 years at 8.5% was changed to 15 years at 8.5%.
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 80-181 ,
approving the 1980 Special Assessments as submitted with the exception of
I.C. 51-259 which was continued to the October 7, 1980 Council meeting. Motion
carried unanimously.
City Engineer Jullie asked if the Council would consider placing the Duck Lake
Vista special assessment hearing on the October 7, 1980 Council agenda.
MOTION: Osterholt moved, seconded by Redpath, to place the Duck Lake Vista
special assessment hearing on the October 7, 1980 Council agenda. Motion carriec'
unanimously.
C. Request for Municipal Industrial Development Bonds in the amount Df
1 ,000,000.00 for Minnesota Industrial Tools, Inc. . (Resolution No. 80-180)
Richard Cohen, President of Minnesota Industrial Tools , spoke to the application ;
and answered questions of Council members. Mr. Cohen distributed a brochure
and gave a brief history of his company. Minnesota Industrial Tools presently
employs 50 people, and they would project over the next three to five years
their present employment would grow from 50 people to approximately 85-100
people. The proposal is for a 42,000 square foot building and MIT would x
presently only occupy 26,000 to 30,000 square feet, and on a short term basis
they would rent the remainder of the facility for a period of 3-5 years.
MIT is a distributor/wholesaler and they do no manufacturing and do nominal
or no assembly work so it is a clean facility. Cohen added they have not signed
leases with anyone at this time.
Edstrom asked what the initial term of the leases would be for the building.
Cohen replied a minimum of ten years.
Edstrom questioned if Mr. Portnoy has a connection with MIT, i .e. , stockholder.
Cohen responded not at this point, and he doesn' t anticipate that to happen.
Mr. Cohen stated he is in the distribution business and Mr. Portnoy is in the
real estate business. They will look to Mr. Portnoy for advice in real estate
as they go to sublet the property for that portion MIT is not going to use.
Edstrom asked what percentage of the partnership is owned by Mr. Portnoy.
Cohen replied he and MIT would own in excess of 90% of the partnership and
Mr. Portnoy the rest.
Penzel questioned how far in the future this facility would suffice. Cohen
replied forever as he cannot project outgrowing these facilities.
Penzel further questioned what the terms of the bonds would be and the length
of time they would be outstanding.
Mr. Shaw, Vice President of Northland Mortgage Company, stated they contemplate
a private placement with an institaPon of a debt approximately under a 30 year
period on the amortization schedule - not less than 15 years.
Cohen added MIT is prepared to sign a lease that is compatible to Mr.Shaw's abil
to market the bonds. If the term turns out to be 15 years, MIT is prepared to
sign a 15 year lease.
2;;7
City Council Minutes - 6 - September 16, 1980
C. Request for MIDB's for Minnesota Industrial Tools, Inc. (continued)
Cohen commented from the standpoint of MIT they expect to be at this facility
indefinitely and on that basis they are prepared to respond in such manner
as to make the City happy and allow Mr. Shaw to sell the bonds.
MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing and
adopt Resolution No. 80-180, granting the preliminary request for Municipal
Industrial Development Bonds in the amount of $1 ,000,000.00 for Minnesota
Industrial Tools, Inc. Motion carried unanimously.
D. Redevelopment Plan proposed by Housing & Redevelopment Authority as well
as the Eden Prairie Tax Increment Financing Plan and District
City Manager Ulstad explained this is a scheduled Public Hearing as prescribed
by State Statute for the purpose of the City to consider establishing and
approving the tax increment approach to financing improvements. Ulstad added
September 4th he appeared before some members of the Hennepin County Board of
Commissioners and/or their aids for a briefing of the proposal that Eden Prairie
is considering. The proposal was then forwarded to the Commission's meeting
of September 9th and there were some additional questions that a member or two of
the Commmission had regarding how it would affect their 1980, 1981 and 1982
budget.. Based on those questions, Ulstad asked that it be continued and be
heard in committee and later be presented to the full Commission at a regular
meeting.
Ulstad related the question presented to the Commission was the rollback on the
18-month portion of tax increment eligibility. It is that portion that the
County Commissioners, who are in a sense the auditors for Hennepin County, must
approve and allow the City to capture those increments. Ulstad pointed out
to the Commissioners and/or their aides that in his opinion it was a timing kind
thing that State law does to allow the City to proceed, and it is a question
of when those increments could be absorbed and used to support the retirement
of bonds. Rather than close the Public Hearing this evening, Ulstad suggested
that the Council continue it to October 7, 1980. Hennepin County has not
submitted their comments at this point as they would rather have that occur as
a result of their next board meeting - they have not taken any position positive
or negative on allowing the City to capture the rollback period.
Penzel read into the record the handwritten statement from Merle Gamm, Director
of Business Services for School District No. 272:
"The School Board has discussed the proposed Tax Increment Financing .
Plan on several occasions with the most recent discussion occurring
on September 4, 1980. The School Board did not take any official
action or pass any resolution; however, the School Board is generally
supportive of the Tax Increment Financing Plan.
The Tax Increment Financing Plan will undoubtedly be helpful to the
general population of the City and what is beneficial to the City
is also beneficial to the School District. Although the School
District will originally lose some revenue it appears that it
will financially gain in the long term.
If the City Council would desire to receive a resolution from the
School District, please let us know and we will request the School
Board to act on the request on 9/18/80."
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City Council Minutes - 7 - September 16, 1980
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D. Redevelopment Plan (continued)
( Council members directed staff to request a resolution from the School Board
relative to their support of the -Tax Increment Financing Plan.
Rich Robey, Manager of the Eden Prairie Center, explained the Board of Directors
of the Eden Prairie Chamber of Commerce did pass a motion in favor of the
Tax Increment District.
MOTION: Edstrom moved, seconded by Osterholt, to defer taking action on this
Public Hearing regarding the Tax Increment Financing Plan to the October 7,
1980 Council meeting, and in the event the County Commissioners are concerned
about the duration or terms of the increment district that the City commit to
a reasonable term and/or abolish the district when the tax increment financing
bonds are paid. Further that an agreement be entered into if required to be
drafted by the City Attorney. Motion carried unanimously.
IV. PAYMENT OF CLAIMS NOS. 3104 - 3309
MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos.
3104 - 3309. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel voted "aye"
on all claims; Pauly "abstained" on Claim No. 3203 and "aye" on the remaining claims. >
Motion carried.
V. REPORTS OF ADVISORY COMMISSIONS
No reports. '
i
. VI. PETITIONS, REQUESTS & COMMUNICATIONS t
t
A. Gelco First Addition by Gelco Corporation. Request for PUD Development
Stale approval to preliminary and final plat the 60 acre Gelco PUD into 9 lots
and 10 outlots. Located north of Anderson Lakes and South of I-494 and West of
78th Street (Resolution No. 80-114 - Preliminary plat; Resolution No. 80-186 -
Final plat) Continued from 7/1/80
MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution 80-114.
approving the preliminary plat for Gelco First Addition by Gelco Corporation.
Motion carried unanimously.
MOTION: Edstrom moved, seconded by Osterholt. to adopt Resolution No. 1
approving the final plat for Gelco First Addition by Gelco Corporation. otion ,
carried unanimously.
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
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1. Councilwoman Pauly brought up two items:
a) Parking on grass at Windslope. Penze.l stated he has already
asked Public Safety to look into this problem.
b) Suggested a letter or resolution be sent to Roland Schulze,
who has delivered packets for the Council during the last year, -
commending him for his past service.
."ity Council Minutes - $ - September 1b, IVOU
b) Continued
MOTION: Pauly moved, seconded by Redpath, t, instruct the
City Manager to draft a letter or resolution on behalf of the
City Council to Roland Schulze for the fine job he did
delivering packets to the Council and Commissions. Motion
carried unanimously. '
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2. Councilman Os terhol t_ stated with the extensive work that is being j
t
done at Round Lake, the City might be able to add some storm sewer
work at this time to help solve possible drainage problems for
residents in the area. Staff to look at this possibility and this r
item to be placed on the October 7th Council agenda.
B. Report of City Attorney
ri
No report.
C. Report of City Manager
1. 1981 City Budget
General discussion took place regarding the City budget as submitted,
and the Council requested information on the following items :
1) Clarification on recreation programs , 2) clarification on request
for door openers in the fire building, 3) report on cash park fees ,
and 4) 1980 Park Bond Fund.
MOTION: Redpath moved, seconded by Pauly, to continue consideration
of the 1981 City Budget to the October 7, 1980 Council meeting. Motion
carried unanimously.
2. Purgatory Creek Study Major Center Area (Don Brauer)
City Manager Ulstad explained this item has been brought up before the
Council some time back, and the request at that time was would the City
be interested in becoming part of the cost sharing of the study of the
watershed/flood plain area in the Major Center Area. At that time it was
the feeling of the Council that there were other areas that were a higher
priority in terms of costs to be shared by the City. Since that time
Mr. Brauer has talked to the abutting property owners in and around the
watershed area. The study is now totally being supported by the property
owners in the area. Last night Mr. Brauer appeared before the Parks ,
Recreation & Natural Resources Commission, and this evening before the
Council , to outline his proposal and receive the City's blessings in
proceeding with the study.
Don Brauer, representing The Brauer Group, referred to Exhibit A
(attached as part of minutes) which listed those persons who are participatin-
in the cost of the study. Brauer added he is certainly very interested
in what goes on in the open space and has been for 16 years. He would
like to stay involved until such time as something is proposed that is
acceptable to the City and the people around it. Brauer would be involved
in the planning process and the fee the people paid for the study
will be paid to the company, which he has since sold, to do the work.
Brauer would be actively involved in the preparation and presentation of it,
but not as a contractor. Accordingly to Brauer this area can be as much of
an asset to the Major Center Area as are the two major lakes in the other
two quadrants, maybe even more. He also believes it could be a very active
recreation area as well as a wildlife preservation area if the soils will
support it. Brauer explained the first thing that has to be done is to
determine how deep the organic soils are, and what their conditions are.
City Council Minutes - 9 - September 16, 1980
2. Purgatory Creek Study - Major Center Area (Don Brauer) Continued
If it is acceptable, then there is a choice between wildlife management
and qolf, or both. If the soils are too deep, there is no choice for golf,
it would be a wildlife management area , trails , etc. Brauer stated he would
not do the study if the City does not think it is reasonable.
Director of Community Services Lambert explained the Parks, Recreation &
Natural Resources Commission felt it is a good idea to have a study of
this area and some kind of a plan of what this area could be developed into.
It is going to be easier to make approvals or recommendations on adjacent
properties if we had a plan to go by. The Commission recommended approval as
long as the Council also requested the Watershed District to do a study on
what the affect would be on Staring Lake and the rest of the Watershed.
MOTION: Osterholt moved, seconded by Redpath, that the City Council
support the efforts of Don Brauer to go ahead with a study of the Major
Center -Area flood plain area, and instruct the Watershed District to do a
study on what the effect would be on Staring Lake and the rest of the
Watershed. Motion carried unanimously.
Edstrom asked that the people who are paying for the study understand s
that the City Council does not honestly know what their attitude is at
this time.
a
D. Report of Director of Community Services
1. Red Rock Park - alternate sites (continued from 8/5/80)
Lambert explained at the direction of the Council he has looked for
alternate sites to locate the Red Rock Park. The only other alternate site
was the one on the pennisula, which is very expensive property. Another
site is the Carmody
parcel which might be something to look at. At this
time Lambert stated he has a call in for Mr. Carmody to see if he has any
interest in selling the parcel or a portion of it for a park, but has not
yet received a call back.
Council instructed Lambert to continue looking into the possibility of {
purchasing the Carmody parcel , and return to the Council with a report on
October 7th.
2. Hidden Ponds Park security fence costs
Director of Community Services Lambert spoke to his memo dated September 11 ,�
1980, adding the Parks, Recreation & Natural Resources Commission want to
go on record as being totally opposed to the City's starting to build fencesa
because they feel it is setting a dangerous precedent.
MOTION: Osterholt moved, seconded by Redpath, that the City will not coast
a security fence along Hidden Ponds Park eastern border, affirming the
recommendation of the Parks, Recreation & Natural Resources Commission.
Osterholt, Redpath and Edstrom voted "aye Pauly and Penzel voted "nay".
Motion carried.
Edstrom'suggested the Council could wait and see what happens , and if ther(
a problem the Council could reconsider the question at that timme.
Pauly felt coming right out with the fence is more apt to head off the prob
and it will be less effective if put up later.
City Council Minutes - 10 - September 16, 1980
'I
3. Railroad ria_ht-of-way appraisal A
This item was moved to the Consent Calendar (II . I. ).
4. Request from Larry Heinen regarding tax-forfeited land
City Manager Ulstad explained City staff has been working with Mr. Heinen
for sometime on the platting of his property, and about three or four weeks
ago it was realized that part of the plat we were talking about is now tax
forfeited and the City has made application to acquire same. Mr. Heinen has
appeared before the Parks , Recreation & Natural Resources Commission and is
now appearing before the Council this evening to state his case and request
that the Council reconsider their application.
Mr. Heinen asked that the Council rescind the request from Hennepin County
for Parcel No. 2010 so it can revert -back to him after he pays the taxes
on it (details of such request outlined in letter from Thomas E. Dougherty,
legal counsel for Mr. Heinen, dated 9/5/80) . .
Director of Community Services Lambert added the Parks, Recreation & Natural
Resources Commission reviewed this item on September 15th and agreed it should
go back to Mr. Heinen; however, they suggested the City make sure we have
a trail easement outside the water of the creek to be used for a pedestrian
trail .
MOTION: Osterholt moved, seconded by Edstrom, to grant Mr. Heinen's request,
and direct staff to communicate to Hennepin County the rescinding of the
City' s application for conveyance of his tax forfeited parcel (Parcel No.
2010), thus allowing Mr. Heinen . to reclaim it with payment of all taxes.
Motion carried unanimously.
5. Resolution No. 80-177, authorizing filing of application for grants to acquire
park land under the provisions of the Federal Land and Water Conservation Fund
Act and the State Natural Resources Fund T
This item was moved to the Consent Calendar (II. J. ).
6. Award bids for Hidden Ponds and Creekwood Park improvements
This item was moved to the Consent Calendar (II. K. ).
E. Report of City Engineer
I. Consider bids for street improvements in Hi 's Mitchell Heights 4th
Addition, I .C. 1-353A (Resolution No. 8 -18
This item was moved to the Consent Calendar (II. L. ).
2. Approve specifications for lime sludge removal at water plant and order
advertisement for bids
This item -was moved to the Consent Calendar (II. M. ).
e
' City Council Minutes - 11 - September 16, 1980
3. Receive feasibilit re ort for storm drainage outlet for Lake Idlewild,
I.C. 51-385 Resolution No. 80-783
C
This item was moved to the Consent Calendar (I1I . N, ).
4. Request from Bloomington for Eden Prairie's participation for storm sewer
on Riverview Road
General discussion took place about the benefits that would accrue
to Eden Prairie as a result of this project.
MOTION: Osterholt moved, seconded by Penzel , to continue action on this
request to the October 7, 1980 Council meeting. Motion carried unanimously.
F. Report of Finance Director
1. Cierk' s License List
MOTION: Osterholt moved, seconded by Redpath, to approve the Clerk's
License List as subm!tted. Motion carried unanimously. i
VIII. NEW BUSINESS
A. Discussion on density trade-off
Director of Corxnuni ty Services Lambert discussed the possibility of acquiring
additional park land in the Timber Creek proposal through a density transfer.
He talked about acquiring the entire wooded hill north of the creek to expand
the park to approximately 22 acres.
Lambert indicated that the density could be transferred from the hill westeriy,�
and could be accommodated through approval of a multiple family development,
possibly condominiums.
The Council was generally favorable to the idea, however, they also spoke to
their concern that the developer might request additional units over the
previous request.
No action necessary.
IX. ADJOURNMENT
MOTION: Redpath moved, seconded by Pauly, to adourn the Council meeting at
11:11 PM. Motion carried unanimously.
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September 2, 1980
PURGATORY/MCA OPEN SPACE PLAN PROPOSAL MEMO ,
TO: Paul Strand(MTS ) ($2 , 200) David Owen(Tudor Oaks) ( $1, 700 )
John Blanchar( Eden/494 ) ( $1, 700) Lloyd Cherne ($1, 500 )
John Gertz ( Preserve) ($ 500) Zd Resler(VR) ( $ 500 )
John Teman ($1, 700 ) The Brauer Group ( $ 500 )
Bruce Bermel ($1, 700)
FROM: Don Brauer
RE: Progress Report
I have now received checks (see above) from all who have agreed to
participate. Those who chose not to participate are;
Feeders , Inc. Ryco Development
ADC Magnetic Controls Mike Carmody
NW Hank Southwest (Edenvale South) Rosemount, Inca
- — -
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MAHONEY, DOUGHERTY AND MAHONEY
PROFESSIONAL ASSOCIATION
ATTORNEYS AND COUNSELORS ?
CNARDP. MAMONKT 801 PARK AVENUE
TNONAf E. OOYONtRTT MINNEAPOLIS. MINNESOTA 55404 `
JAyu ►R. 1.IAKONKr
KILNNCTH GLKAS*" )S),S) 229•806' 0I COYNKL
OAu s. LIMONAN VttNNON J.SC►(wK(sw ;.
aART c. �rrrT�R September 5, 1980 a.P. MUNONttT((KKO•t.aJ
RwaOKla S. N[LO O.J. MANONtr (/ess•(...) s
PATRICK J. SAYTLR -
Mr. Roger K. Ulstad
City Manager
City of Eden Prairie '
8950 Eden Prairie Road
Eden Prairie, MN 55436
Dear Mr. Ulstad:
At the request of Mr. and Mrs. Lawrence E. Heinen, I am
writing this letter to outline for you the background of their pur-
chase of certain real estate in the City of Eden Prairie , which for
the purposes of brevity, will hereafter be referred to as Plat No.
56820 , Parcels Nos. 2200 , 2010 and 42420. Mr. and Mrs . Heinen have
just recently become aware that the land encompassed within Parcel
No. 2010 has been forfeited to the State of Minnesota for delinquency
in the payment of real estate taxes and that the City of Eden Prairie
has- made application to Hennepin County for conveyance of tax for-
feited lands to it.
Prior to June of 1972 , the entire -tract of land encompassed .
within Plats Nos. 2200, 2010 and 2420 were owned of record by Ellen
Henry. On June 5, 1972, Ellen Henry entered into a Contract for
Deed with Mr. Stephen F. Rowland, which Contract for Deed covered
the entire tract of land encompassed within Parcels Nos . 2200, 2010
and 2420. This Contract for Deed was not recorded and Ellen Henry
remained the record owner, and presumably continued to receive the
tax statements for all of these parcels.
On March 12 , 1973, Mr. and Mrs. Heinen entered into a
Contract for Deed with Mr. Rowland for the purchase of a part of
that entire tract. The part purchased by Mr. and Mrs . Heinen under
• the Contract for Deed at that time were the tracts of land covered
by Parcels Nos . 2200 and 2420 and also part of Parcel No. 2010 .
This Contract for Deed was not recorded and again Ellen Henry re-
mained the record owner.
in November of 1973, Mr. and Mrs . Heinen acquired by
Warranty Deed that tract of land described by Parcel No. 2200-
At that time they built a home on this parcel, which is commonly
known and described as 9840 Bennett Place , Eden Prairie, Minnesota.
a
b1AHONEY. DOUGHERTY mm MAHONEY
September 5 , 1980
Page 2 '
At the same time Mr. and Mrs. Heinen constructed a horse stable
on that part of Parcel No. 2010, which was being purchased under
a Contract for Deed from Rowland and also fenced in a part of Par-
cel No. 2010 for a pasture area for horses owned by them.
In 1976 , Mr. and Mrs. Heinen entered into another Contract
for Deed with Stephen- W. Rowland for the purchase of the balance of
this entire tract of land which was the remaining part of Parcel
No. 2010. This Contract- for Deed again was not recorded and the. . . "
record owner continued to:- be Ellen Henry.:. • At, the =time that Mr.
Heinen entered into this Contract for Deed with Mr. Rowland, he was
not aware that there were any unpaid real estate taxes on Parcel
No. 2010. Mr. Heinen has always received and paid the taxes covering
the land encompassed within Plats No. 2200 and 2420 . Neither Mr.
or Mrs . Heinen were ever aware that Parcel No. 2010 was being taxed
by a separate tax statement. Apparently all of the real estate
tax statements for Parcel No. 2010 were forwarded to either Ellen
Henry or to Stephen W. Rowland. However, they were never forwarded
by either of the said Ellen Henry or Stephen W. Rowland to Mr.
Heinen.
It was not until late August of 1980, as part of Mr.
Heinen's work in developing this entire tract of land as Creek-
view Estates , that he became aware that there was any real estate
tax delinquencies on Parcel No. 2010 . On that occasion Mr. Heinen
commenced an investigation of this matter and learned for the first
time that there were delinquent real estate taxes on this Parcel
No. 2010 which dated back to 1975 and that an application had been
filed by your City to acquire title to this land.
Mr. Heinen has been working with the City of Eden Prairie
since August of 1978 in an attempt to plat this entire tract of
land, that is Parcels Nos. 2200 , 2010 and 2420 in a real estate
development known as Creekview Estates. Since August of 1980, Mr.
Heinen has had approximately 25 meetings with various officials of
the City of Eden Prairie, including the members of the City Council ,
Planning Commission, and Park and Recreation Committee in the City
Engineer' s office in connection with his development of this entire
tract of land. If .Mr. and Mrs . Heinen had known of the existence
' of this tax delinquency, they would, of course, immediately have
paid any default. Neither Mr. or Mrs . Heinen were ever" aware or
had been notified in any manner of this tax delinquency or of the
forfeiture of this land to the State for non-payment of taxes. You
will note that on Exhibit No. 1 , which is attached to the City' s
Application to Hennepin County for conveyance of tax forfeited
lands, that this Parcel No. 2010 is referred to as 9820 Bennett
Place. In fact, there is no 9820 Bennett Place. The only building
{
MAHONEY. DOUGHERTY ^No MAHONEY
September 5, 1980
Page 3
on those premises is the stable constructed by Mr. Heinen. Mr.
Heinen's home is adjacent to this land, and that address is 9840
Sennett Place.
Mr. Heinen has contacted the appropriate officials at
Hennepin County concerning this matter, and these officials have
indicated that if your City would advisi Hennepin County that m
you are withdrawing your application for conveyance of tax for-
feted land in respect to ^tPis Parcel No. 2010 , that Hennepin
County would allow Mr. a& Mrs. Heinen to`re;purch*se this 'tax
forfeited land.
On behalf of Mr. and Mrs. Heinen, I respectfully request
that the City of Eden Prairie does do advise Hennepin County that
it is withdrawing its application for this parcel of tax forfeited
land.
Very truly. yours,,
MAHO , DOUG R and ONEY
omas E. o er
TED/joo r