HomeMy WebLinkAboutCity Council - 10/06/1992•
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AGENDA
JOINT CITY COUNCIL
PARKS, RECREATION AND NATURAL RESOURCES COMMISSION
TUESDAY, OCTOBER 6,1992
COUNCILMEMBERS:
COMMISSION MEMBERS:
COUNCIL & COMMISSION
STAFF:
ROLL CALL
6 P. M., CITY HALL
COUNCIL CHAMbERS
7600 EXECUTIVE DRIVE
Mayor Douglas Tenpas; Richard Anderson, Jean Harris, H.
Martin Jessen, Patricia Pidcock
Pat Richard, Chairperson; Bruce Bowman, Clair Hilegman,
Joan Kube-Harderwijk, David Kracum, Diane Popovich
Lynch, Del Vanderploeg
City Manager, Carl Jullie; Craig Dawson, Assistant to the
City Manager; Bob Lambert, Director of Parks, Recreation
and Natural Resources, Barbara Penning Cross, Landscape
Architect; Laurie Helling, Manager of Recreation Services;
Stuart A. Fox, Manager of Parks and Natural Resources,
Kate Garwood, Recording Secretary
I. CALL MEETING TO ORDER
II. DISCUSSION ITEMS
A. Priority Acquisition of Conservancy Areas -Study of Minnesota River Bluff and
Creek Valleys, "Big Woods"
B. Role of the Parks. Recreation and Natural Resources Commission In the
Development Review Process
C. Purgatory Creek Recreation Area Land Acquisition
D. Swimming Pool Needs
m. ADJOURNMENT
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MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THROUGH: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources ~
DATE: September 29, 1992
SUBJECT: Purgatory Creek Recreation Area Land Acquisition
The public hearing for the Feasibility Study of the Staring Lake Outlet/Purgatory Creek
Recreation Area will be held on October 27th at the School Administration Board Room. A
copy of the engineer's report is available for review at the Eden Prairie City Hall, and has been
provided to commission and councilmembers. The City's portion of this $4,380,000 is
$1,290,000. This project anticipates that all land acquisition, flowage easements, and trail
easements will be dedicated free of charge. Any actual costs for easements or land acquisition
will be the cost of the City of Eden Prairie .
When the concept for the Purgatory Creek Recreation Area was developed in 1982, a key
component of this concept was that all property within the 100 year elevation would be donated
to the City free of charge, and that the adjacent property owners would pay the cash park fees,
which would be used to help develop the project. The rationale for donating the floodplain
property was twofold:
1. The property was undevelopable.
2. The improvements the City would make to the property would improve the value of the
adjacent property.
While it is true that the anticipation of the development of the Purgatory Creek Recreation Area
attracted development such as the Flagship Athletic Club, the apartment complex on the southern
border and the multi-family development on the west, the only properties donated to the project
at this time are the 40 acres from Bermel and the 43 acres from the Feeder's Corporation when
the City acquired the entry site. The City staff have made numerous attempts to obtain
commitments from adjacent property owners regarding dedication of floodplain property or
easements, and while two property owners have indicated that they would most likely dedicate
the easements when the City needs those easements, there are several property owners that have
failed to respond at all. Commission and council members should be aware that the Purgatory
Creek Recreation Area project cannot begin until the proper easements have been acquired .
It has been suggested that the City should consider paying a nominal fee for the easements or
purchase of the remaining property. Commission and council members may wish to discuss this •
issue after the public hearing; however, it is likely that this issue will be addressed at the public
hearing and staff would like to have some direction as to whether or not the official position on
acquiring this property has changed.
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"MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THROUGH: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources~
DATE: September 29, 1992
SUBJECT: Discussion on Swimming Pool Needs
BACKGROUND:
There has been an ever increasing number of people that have expressed a concern· over the lack
of public swimming facilities in Eden Prairie. There has been extensive discussion at the School
District with citizens regarding the construction of a swimming pool at Oak Point Intermediate
School. When Oak Point was constructed, the School District planned for the possibility of
having a swimming pool at that building. The School District indicated that if the City ever
wished to build a public swimming pool, the School District would support constructing it at
Oak Point.
The most vocal supporters of an additional swimming pool are requesting the City Council and
School District to jointly discuss a swimming pool at Oak Point Intermediate School. The
reasons for the support include:
1. A swimming pool at Oak Point would allow the School District to include aquatic
programs in their curriculum.
2. The Foxjet Swim Team needs additional space for practice.
3. The lap swimmers would have additional swimming space.
4. The City would have additional space for swim lessons.
Outdoor Recreation Pool Options:
Previous City surveys have indicted the highest demand for a second public pool would be for
an outdoor swimming pool. Many people do not enjoy swimming in the lake and believe that
the lakes are becoming more seedy as time goes on. An increasing number of communities are
revitalizing existing outdoor swimming pools by adding water slides and other active recreation
features with swimming pools. Several Twin City suburbs have more than doubled he use of
their old outdoor pools by adding these types of features. The existing Miller Park plan is
Discussion of Swimming Pool Needs
September 29, 1992
Page 2
designed to accommodate a future outdoor swimming pool near the south shore of Mitchell
Lake. This outdoor pool would be planned for zero dept entry (shallow entry similar to a
swimming beach), several swimming slides, perhaps a swinging rope or other active recreation
feature. It would also be planned to accommodate large deck areas for sunbathing similar to a
large swimming beach.
Indoor Recreation Pool Option:
Since the opening of the Chaska Community Center, many Eden Prairie residents have suggested
that the City consider adding a similar "recreation pool" to our existing Community Center.
Chaska's indoor pool feahJres a water side, swinging rope, zero depth entry and several other
active recreation features that make this pool an extremely successful facility that has drawn
nearly double the amount of revenue originally projected for the first year of operation.
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FUTURE DECISIONS:
In the current City wide survey, City staff developed, with the help of several citizens interested
in the swimming pool needs, a list of questions that will, hopefully, assist the City Council in
determining what type of swimming pool the citizens of Eden Prairie believe should be provided .
The overall 1992 to 1997 Capital Improvement Program for the City of Eden Prairie projects
the next park referendum for 1995 in an amount not to exceed 2.8 million dollars. Although
some individuals have suggested that perhaps a swimming pool could be funded by something
other than GO bonds, staff believe that a great deal of study needs to be done before that
statement could be verified. At this point, staff would project that the only type swimming pool
that could possibly come close to paying construction costs would be a recreational pool
including water slides and some of the other features previously mentioned.
As soon as the results of the survey are completed, City staff will provide an analysis of the
results of the survey and a recommendation on what steps should then be taken to address this
issue.
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Priority of Acquisition of Conservancy Areas
September 28, 1992
should also commit its resources to assemble other critical parcels by purchase and, if required,
condemnation to maintain a contiguous open space system."
"The intention of resource preservation is to preserve unique areas, minimize environmental
impact, ensure a high quality of life in the community and provide opportunities for citizen
exposure to its natural resource base. These goals can only be accomplished if citizens are given
an opportunity to enjoy the natural resource experience and become educated on its sensitivities. "
The plan refers to the need to acquire a park on the Minnesota River bluff, but does not
designate a specific site, it only refers to a Minnesota River bluffs conservation area of
approximately 50 acres, to be acquired in the future:
RECOMMENDATIONS:
The Eden Prairie Land Trust has been formed to provide a conduit for citizens interested in
helping preserve unique natural features and to donate money, time and effort toward this end.
The amount of support the Land Trust has received over the last few weeks is truly amazing.
City staff would like to see this effort encouraged at the City level, by providing a study that
would inventory and prioritize the unique natural features that should be considered for public
acquisition. This study should be limited to the Minnesota River bluffs and the southwest
quadrant of the City. City staff request authorization to prepare a Request for Proposal and to
fund this project with cash park fees. Staff believe that this project should precede the
previously proposed project that has been budgeted for 1993 to study the Minnesota River bluffs
and the Riley Creek valley.
The first study would list all of the sites and prioritize which sites are most valuable based on
the types of unique vegetation, size of the site, historical significance and other similar factors.
Once this information is obtained the studies of the Riley Creek valley and the Minnesota River
bluffs will be done in order to assist the City Council and future developers with guidelines on
what portions of those sites should be preserved in private ownership, under scenic easement or
should be acquired by the City of Eden Prairie.
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MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THROUGH: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation and Natural Resource~
DATE: September 30, 1992
SUBJECT: Role of the Parks, Recreation artd Natural Resources Commission in the
Development Review Process
Members of the Parks, Recreation and Natural Resources Commission have requested the City
Council explain council member expectations of the Parks, Recreation and Natural Resources
Commission's role in the development review process. Some commission members perceived
. that the City Council may have questioned the commissions's action regarding the Normark
proposal on Golden Triangle Drive and Fairfield West proposal in the "Big Woods."
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Staff inform new commission members that the Parks, Recreation and Natural Resources •
Commission reviews development proposals regarding park, recreation or natural resources
issues. The recommendations are generally limited to park dedication decisions, grading and
removal of vegetation (trees, marshlands, etc.) and trail development. Land use issues such as
density of housing or industrial versus office use, are generally limited to the Planning
Commission; however, when those issues directly affect the grading or tree removal, etc., it
becomes a Parks, Recreation and Natural Resources Commission issue as well.
Commission members would like some direction as to the expectations the City Council has
regarding what issues the Parks, Recreation and Natural Resources Commission should be
addressing when reviewing development proposals.
Each of the commission members will most likely have a question or two of the City Council
regarding the development review process.
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MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THROUGH: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources ~
DATE: September 29, 1992
SUBJECT: Priority of Acquisition of Conservancy Areas
BACKGROUND:
Eden Prairie's Park and Open Space System Plan describes the characteristics of location of
conservancy areas that should be considered for acquisition: "Conservation designations should
be used in areas of special environmental sensitivity including creek valleys, wetlands, bogs,
lake front views, unusual vegetation or unique bluff areas" .
Uses of Conservancy areas are limited to passive hiking or other trail modes consistent with
resource preservation, conservation or specific management requirements necessary to maintain
the area's natural characteristics. Cross country skiing, nature observation or limited picnicking
are other uses that would normally be allowed in conservation areas, as they would have a
limited impact on the natural characteristics of the area.
The City has several large areas that have been acquired and designated conservancy areas, as
well as several other areas that should be designated as conservancy areas. The two existing
designated conservancy areas are the Edenbrook Conservancy Area, located in northwest Eden
Prairie, and the Edenvale Conservancy area, located in north central Eden Prairie. Purgatory
Creek runs through both conservancy areas, which are made up mostly of wetlands. The
Edenbrook Conservancy Area contains a variety of wooded edges and some higher wooded sites
in the interior of the site. Other areas that should be designated conservancy areas are the
Lower Purgatory Cr~k Valley, the Purgatory Creek Recreation Area, Smetana Lake Linear
Park and Mitchell Lake Marsh north of Highway 5.
In the past, the Parks, Recreation and Natural Resources Commission has recommended
providing limited public access to the Edenvale Conservancy Area through a perimeter trail
system within the marsh. This proposal met with resistance from surrounding property owners
and the City has delayed construction of much of that proposed trail system. A trail has been
developed along the east side of the marsh from Edenvale Park north to Hillcrest Court. A wide
variety of wildflowers and natural vegetation typical of Type I, II, III, and IV wetlands are
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Priority of Acquisition of Conservancy Areas
September 28, 1992
variety of wildflowers and natural vegetation typical of Type I, II, ill, and IV wetlands are
preserved in the Edenvale Conservation Area. This area presently contains approximately 100
acres and will most likely ultimately contain approximately 115 acres.
The Edenbrook Conservation Area presently contains nearly 200 acres and will ultimately
include nearly 260 acres. Although many neighborhood children have developed a variety of
trails through this unique public resource, the City has not yet developed a public access or trail
system within this area. The proposed public access that would provide a small parking lot
accommodating 25-30 cars is located in an old gravel pit area on the east side of Dell Road.
The trail head could also include a park shelter for picnickers at that location with trails
extending east to Rustic Hills Park and Duck Lake Trail and north to Townline Road.
The City has nearly 100 acres of land either acquired or committed for dedication in the lower
Purgatory Creek valley, south of County Road 1. Eventually, the City will own approximately
125 acres south of County Road 1 to Riverview Road. This linear park should also be
designated a conservancy area in order to assure adjacent residents of the type of limited
development that will occur in that creek Valley.
FUTURE ACQUISmONS:
The possible development of the Mitchell Lake "Big Woods" parcel has stirred the interest of
many residents in preserving what remains of the unique natural feature~ in Eden Prairie. Based
on comments that were heard in public hearings, it is obvious that most residents are not aware
of what has already been preserved, as well as what unique natural features remain to be
considered for preservation. Many people refer to the Mitchell Lake woods as Eden Prairie's
last opportunity to preserve a portion of the maple, basswood forest that once covered hundreds
of square miles. Although there is another 40 acre "Big Woods" remnant located along Riley
Creek and another 14 acres located on the north shore of Riley Lake, those parcels do not lower
the value of the Mitchell Lake "Big Woods", but simply should serve as a notice that the City
has not formally inventoried, evaluated and prioritized what unique natural features are still
remaining and what should be acquired and preserved. The Park and Open Space System Plan
does recommend acquiring a corridor along Riley Creek from County Road 1 south to 169, and
the Guide Plan specifically depicts acquiring approximately half of the Riley Creek "Big
Woods." The Open Space Plan doesn't point out specific sites, but simply states the following:
"Eden Prairie has established community policy with commitments to preservation of sensitive
areas such as creek valleys, wetlands, unique bluff areas and sensitive vegetation. Dating back
to 1968, the City Council has consistently mandated preservation of these resources by developer
dedication, City ownership or scenic easements. Eden Prairie should continue to receive and
pursue developer dedication of designated parcels as abutting areas are developed. The City
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AGENDA
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 6, 1992 7:30 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean
Harris, H. Martin Jessen, and Patricia Pidcock
CITY COUNCIL STAFP: City Manager Carl J. Jullie, Assistant to the City
Manager Craig . Dawson, City Attorney Roger
Pauly, Finance Director John D. Frane, Director of
Planning Chris Enger, Director of Parks,
Recreation & Natural Resources Robert Lambert,
and Director of Public Works· Gene Dietz
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATION OF THE ASSOCIATION OF :METROPOLITAN
MUNICIPALITIES' INNOVATIVE CITY AWARD TO THE CITY OF
EDEN PRAIRIE BY MICHELLE VEITH, CHAIR OF THE A.R.L.E.
COOPERATIVE
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Citr Council Meetina: held Tuesday. September IS. 1992
m. CONSENT CALENDAR
A.
B.
C.
D.
·E.
Clerk's License List
Resolution No. 92-196. Approvina: Election .Iuda:es for the
November 3 ·General Election
Proclamation fpr Disability Awareness Month
1st and 2nd Readina: of Ordinance No. 38-92. Amendina:'
Sectipn 2.18. Histprical and Cultural CPmmissipn. Chana:in&
the Name of the COmmission to the Cultural Commission
Award Bid for Construction of Starin& Lake Amphitheater
Storaa:e Buildin&
F.· Approve Proppsed Ice Schedule for New Ice Rink
Page 2031
Page 2033
Page 2043
Page 2044
Page 2045
Page 2046
Page 2048
Page 2049
City Council Agenda
Tuesday, October 6, 1992
Page Two
G. Foxjet Request for Additional Pool Hours
H. A!lprove Request for Candlewood Crossing at Hennepin.
County Regional Rail Corridor (Resolution No. 92-221)
I. A!lprove Addition to Scope of 1992 DraiW'u Study. I.C. 52-
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. J. Receive Bids and Award Contract for Lime Sludge Removal.
I.C. 52-271 (Resolution No. 92-222)
K. . Final Plat Al1Proyal of Bluffs East 10th Addition (located east
of County Road 18 and south of Bluff Roadl Resolution No.
92-223 .
L. Final Plat APJ)roval of Bluffs East 13th Addition (located at the
southwest quadrant of Franlo Road and Fawns Way)
Resolution No. 92-224
M. Final Plat APproval of Fairfield West (located north of Pioneer
Trail and west of Braxton) Resolution No. 92-225
N. Declaring Costs to be Assessed and Ordering J.!rgparation of
1992 Special ASsessment Rolls and Setting Hearing Date for
. November 3. 1992 (Resolution No. 92-226)
O. CASCADE TOWNHOMES by Sunset Homes Corporation. 2nd
Reading of Ordinance No. 30-92-PUD-7-92, Zoning District
Amendment within the existing RM-6.5 Zoning District; Approval
of Developer's Agreement for Cascade Townhomes; Adoption of
Resolution No. 92-214, Authorizing Summary of Ordinance No.
30-92-PUD-7-92 and Ordering Publication of Said Summary; and
Adoption of Resolution No. 92-215, Approving Site Plan for
Cascade Townhomes. Location: Dell Road and Cascade Drive
(Ordinance No. 30-92-PUD-7-92 -PUn District Review and
Zoning District Amendment within the existing RM-6.5 Zoning
District; Resolution No. 92 .. 214 .. 4uthorizing Summary and
Publication; and Resolution No. 92-215 -Site Plan Review.)
P. FAIRFIEW WEST by Centex Homes. 2nd Reading of
Ordinance No. 29-92, Rezoning from Rural to R1-13.5 on 16.6 .
acres; Approval of Developer's Agreement for Fairfield West;
Adoption of Resolution No. 92-176, Authorizing Summary of
Ordinance No. 29-92 and Ordering Publication of Said Summary.
location: West of Fairfield, south of Scenic Heights Road #212.
(Ordinance No. 29-92 -Rezoning from Rural to Rl-ll.5; and
Resolution No. 92-176 -Authorizing Summary and Publication)
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Pag~ 2059
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Page 2062
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Page 2066
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City Council Agenda
Tuesday, October 6, 1992
Page Three
Q.
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BLUFFS EAST 13TH ADDITION by Hustad Development
Corporation. 2nd Reading of Ordinance No. 35-92, Rezoning
from Rural to RM-6.5 on .30 acres and Rezoning from Rural to
Rl-13.5 on 2.06 acres; Approval of Developer's Agreement for
Bluffs East 13th Addition; Adoption of Resolution No. 92-213,
Authorizing Summary of Ordinance No. 35-92 and Ordering
Publication of Said Summary. Location: North of Franlo Road,
west of County Road 18. (Ordinance No. 35-92 -Rezoning from
Rural to RM-6.5 on .30 acres and Rezoning from Rural to Rl-
13.5 on 2.06 acres; and Resolution No. 92-213 -Authorizing
Summary and Publication)
BRAXTON POND by Westar Properties, Inc. 2nd Reading of
Ordinance No. 32-91, Rezoning from Rural to Rl-13.5 on 3.6
acres; Approval of Developer's Agreement for Braxton Pond;
Adoption of Resolution No. 92-216, Authorizing Summary of
Ordinance No. 32-91, and Ordering Publication of Said Summary.
Location: South and west of the terminus of existing Braxton
Drive. (Ordinance No. 32-91-Rezoning from Rural to RI-13.5
on 3.6 acres; and Resolution No. 92-216 -Authorizing
Summary and Publication)
LEIGHTON'S GARAGE by Hoyt Development Company. 2nd
Reading of Ordinance No. 34-92, Zoning District Amendment
within the 1-2 Park Zoning District; Approval of Developer's
Agreement for Leighton'S Garage; Adoption of Resolution No. 92-
217, Authorizing Summary of Ordinance No. 34-92 and Ordering
Publication of Said Summary; and Adoption of Resolution No. 92-
218, Approving Site Plan for Leighton'S Garage. Location: South
of County Road #67, north and east of Nine Mile Creek.
(Ordinance No. 34-92 -Zoning District Amendment within the
1-2 Park Zoning District on 1.89 acres; Resolution No. 92-217 -
Authorizing Summary and Publication; and Resolution No. 92-
218 -Site Plan Review)
WOODLAKE SANITARY SERVICE -EQUIPMENT
BUILDING (BFD by Rutledge Construction Company. 2nd
Reading of Ordinance No. 36-92, Rezoning from Rural to 1-2 Park
on 1.85 acres; Approval of Developer's Agreement for Woodlake
Sanitary Service -Equipment Building; Adoption of Resolution
No. 92-219, Authorizing Summary of Ordinance No. 36-92 and
Ordering Publication of Said Summary; and Adoption of
Resolution No. 92-220, Approving Site Plan for Woodlake
Sanitary Service -Equipment Building. Location: 9813 Flying
Cloud Drive. (Ordinance No. 36-92 -Rezoning from Rural to
1-2 Park on 1.85 acres; Resolution No. 92-219 -Authorizing
Summary and Publication; and Resolution No. 92-220 -Site
Plan Review.)
Page 2100
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Page 2121
Page 2133
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City Council Agenda
Tuesday, October 6, 1992
Page Four
u.
V.
Resolution No. 92-228. Givinl Host Approval to the Issuance
of Health Care Revenue Bonds. Series 1992 (Group Health
Plan. Inc. Project>
Approve Plans and Specifications for Geoae Moran Drive
Improvements. I.C. 52-282 (Resolution No. 92-229)
IV. PUBLIC HEARINGSIMEETINGS
V. PAYMENT OF CLAIMS
VI. ORDINANCES AND RESOLUTIONS
VII. PETITIONS. REQUESTS AND COMMUNICATIONS
A.
B.
Request by Crail and Susan Edwards for Review of Variance
92-26 Not Approved by the Board of Adjustments and Appeals.
The Variance is to Allow a Deck to be Constructed 23 Feet
from a Front Property Line
Review Revised Layout Plan for Anderson Lakes Parkway
(west of CSAH 18) and Hennepin Parks Proposed Tree Loss
Mitilation Plan
VID. REPORTS OF ADVISORY BOARDS. COMMISSIONS &
COMMITTEES
IX. APPOINTMENTS
A. Appointment of 1 member to the Board of Appeals &
Adjustments to fill an unexpired term to 2/28/94
(Coptinued from September 15, 1992)
x. REPORTS OF OFFICERS
A. Reports of Councilmembers
B .
1. Compensation for City Council (Continued from
September 15, 1992).
Report of City Manaler
Page 2144
Page 2147
Page 2148
Page 2149
City Council Agenda
Tuesday, October 6, 1992
Page Five
C. Report of Director of Parks. Recreation & Natural Resource
1. Stanni Lake Outlet/Puriatory Creek Recreation Area
Feasibility Study
D. Report of Director of Plannine
E. Report of Director of Public Works
1. Erosion Control Policy (Continued from September 15,
1992)
F. Report of City Attorney
G. Report of Finance Director
1. Lease for Liquor Store No.1 (Continued from September
15, 1992)
XI. OTHER BUSINESS
XU. ADJO~NT
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Page 2194
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Innovative City Award
Presented to the City of Richfield and the ARLE cooperative.
The City of Richfield received the Innovative City Award for
being the catalyst in creating a cooperative adaptive
recreational/learning exchange program. The ARLE cooperative
(city and school district) is recognized within the Innovative
City Award as being the instrument that brought about this
innovative program and each entity is deserving of recognition
for their efforts and accomplishments.
The ARLE cooperative provides a "continuum of choice" of programs
for individuals with disabilities within this four city/school
cooperative. A "continuum of choice" means that an individual
may choose to participate in a special separate program with a
high staff ratio ••• to integrating into existing individual
classes and programs with a minimum amount of support required.
BENEFITS OF COOPERATIVE EFFORT:
1. A wide range of disabilities and ability levels exist within
one community. To program for all these different individuals
and their specific needs by one community would not be
financially feasible.
2. The four city/school cooperative allows for a wide diversity
of programs to be developed. It allows for non-duplication of
service and permits extensive program offerings within our four
communities.
3. The sharing of facilities from within all the communities
provides greater opportunities for programing. Each community
has unique facilities and programs associated with them that our
participants are all able to utilize.
4. The effective use of professional staff results from this
cooperative as well. There is a high degree of commitment from
individuals who are hired. We require staff to have specific
backgrounds with disabilities and finding qualified people can be
difficult. We are able to provide more hours to staff and can
trade them between programs and communities year round.
5. The project allows participation of all residents of a
community, being fully developed before the Americans With
Disability Act, due to the commitment of residents and staff
towards inclusive programs.
6. The ongoing creativity of meeting the needs of individuals
with disabilities is better served by four communities combining
as one entity. The resources of staff and school districts/city
governments supporting each other as we learn more about
inclusive programs to effectively implement them is vital.
7. The program is on the leading edge on two levels. The
program offers unique program opportunities to a wide range of
individuals with disabilities. It is able to accomplish this due
tot he successful cooperative agreement which exists between the
four communities of Bloomington, Richfield, Edina, and Eden
Prairie.
Who is the Association of Metropolitan Municipalities?
It is a voluntary membership association of cities in the
Metropolitan area that work together to help local government be
more efficient and meet the needs of the residents of the cities.
65 cities are members of the association representing 90% of the
metropolitan area population.
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UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
~DAY, SEPTEMBER 15, 1992
COUNCllMEMBERS:
8:00 PM, CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin
Jessen, and Patricia Pidcock
CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig
Dawson, City Attorney Roger Pauly, Finance Director John D.
Frane, Director of Planning Chris Enger, Director of Parks,
Recreation & Natural Resources Robert Lambert, and Director of
Public Works Gene Dietz
PLEDGE OF ALLEGIANCE
ROLLCALL
Mayor Tenpas called the meeting to order at 8:00 p.m. All members were present.
PRESENTATION BY MINNEGASCO TO TIlE CITY OF EDEN PRAIRIE
Ms. Barb Blattner presented a plaque to the City from Minnegasco in recognition of 40 years of service to Eden
Prairie, along with a cash gift to be used for purchase of a tree.
AuOCLAMATION DESIGNATING OCTOBER, 1992, AS TOASTMASTERS MONTIl IN EDEN ~RAIRIE
Mayor Tenpas presented a Proclamation designating October, 1992, as Toastmasters Month in Eden Prairie.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Pidcock added items X.A.2 .. Report on Lea&ne of Cities. Harris added item X.A.3 .. Resi&nation from
Community Needs and Resources Council. Jullie added items m. L. Appeal from the Decision of the
Board of Appeals for Edwards, and M. Receive 100% Petition for Public Improvements and Orderin&
Preparation of Plans and Specifications. I.C. 52-282, Resolution No. 92-201.
MOTION: Anderson moved, seconded by Pidcock, to approve the agenda as amended. Motion carried
unanimously.
n. MINUTES
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A. Joint City Council/Waste Mana&ement Commission meetin& held Tuesday. September 1, 1992
MOTION: Harris moved, seconded by Pidcock, to approve the minutes of the Joint City
CouncillWaste Management Commission meeting held September 1, 1992, as submitted. Motion
carried on a 4-0-1 vote (Jessen abstained) •
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City Council Minutes 2 September 15, .1992
B. City Council meetin& held Tuesday. September 1. 1992
MOTION: Pidcock moved, seconded by Anderson, to approve the minutes of the City co.unc.
meeting held September, 1, 1992, with the following correction: Page 5, paragraph 1, amend the date
"February 28, 1992" to read "February 28, 1994." Motion carried on a 4-0-1 vote (Jessen
abstained) •
m. CONSENT CALENDAR
A. Clerk's License List
B. 2nd Readine of Ordinance No. 32-92. Grantine a Franchise to Northern States Power (NSP)
C. Final Plat Approval of Windfield 3rd Addition (located south of TH 5 and west of Dell Road)
Resolution No. 92-206
D. Approve Chanee Order No.4 for Cedar Ridee FMates 2nd Addition. I.C. 52-225
E. Approve Chanee Order No.4 for Bluffs West 9th. Bluffs East 8th. Bluestem Ridee and Hawk
Hieh Ridee. I.C. 52-224. I.C. 52-223. and I.C. 52-199
F. Approve Chanee Order No.4 for Eden Hills (Bluffs East 11th Addition). I.C. 52-243 and I.C.
52-212
G. Approve Supplemental Aereement No.1 for Dell Road Improvements. I.C. 52-126 •
H. Proclamation for Citizenship Day and Constitution Week
I. BLUFFS E. 10TH ADDITION by Hustad Development. 2nd Reading of Ordinance No. 25-91-PUD-
8-91, Rezoning from RI-22 to RI-13.5 on 12.3 acres; Approval of Developer's Agreement for Hustad
Development; Adoption of Resolution No. 92-199, Authorizing Summary of Ordinance No. 25-91-
PUD-8-91 and Ordering Publication of Said Summary. Location: Southwest of Bluff Road between
White Tail Crossing and Wild Duck Pass (Ordinance No. 25-91-PUD-8-91-Rezoning to Rl-13.5;
and Resolution No. 92-199 -Authorizing Summary and Publication)
J. Approvine Third Party Aereements -CDBG Proeram Third Party Agreements with Senior
Community Services and Greater Minneapolis Day Care Association -Community Development Block
Grant Program. (Resolution No. 92-195)
K. Approve Traffic Control Sienal Aereement for Leona Road and TH 169 Sienals. I.C. 52-233
(Resolution No. 92-211)
L. Appeal from the Decision of the Board of Appeals for Edwards
M. Receive 100% Petition for Public Improvements and Orderine Preparation of Plans and
Specifications. I.C. 52-282 (Resolution No. 92-201) • MOTION: Harris moved, seconded by Pidcock, to approve Items A. -M. of the Consent Calendar.
Motion carried unanimously.
City Council Minutes 3 September 15, 1992
IV.PUBLIC HEARINGSIMEETINGS
•
•
•
MOTION: Jessen moved, seconded by Pidcock to amend the agenda to consider item VIT. Au Petition
for an Environmental Assessment Worksheet for the Fairfield West Subdivision prior to other items
relating to the Fairfield West Subdivision. Motion carried unanimously.
NOTE: During the meeting, the following three items were discussed concurrently, with information
for each individual technical request applicable to the other requests.
A. Petition for an Environmental Assessment Worksheet (EAWl for Fairfield West Subdivision.
B. FAIRFIELD WEST by Centex Homes. Request for Rezoning from Rural to RI-13.5 on 23.5 acres;
Preliminary Plat of 23.5 acres into 40 lots, 2 outlots and road right-of-way. Location: West of
Fairfield, south of Scenic Heights Road #212. (Reconsideration of Motion for Ordinance No. 29-
92 -Zoning District Change from Rural to Rl-13.5, and Resolution No. 92-167 -Preliminary
Plat) Continued from August 18, 1992
C. BIG WOODS DISCUSSION -Eden Prairie Land Trust
Chuck Wilcox, 16427 S. Manor Road, co-chair for the Eden Prairie Land Trust (EPLT) , the
organization planning to raise funds for purchase of the "Big Woods," explained the structure of the
group. He explained fundraising approaches being considered and reported on progress so far.
On behalf of the EPLT, Wilcox expressed concerns including: the City's enforcement of tree
replacement policies; potential for setting a precedent of allowing development in the "Big Woods,"
if the entire proposal was approved; and, a desire to see RI-44 zoning as a minimum for lots located
on the fringe of the "Big Woods."
Jim Gilbert, a nature expert, spoke to the advantages of preservation of the Big Woods remnant,
noting that, despite the logging and grazing which had taken place in years past, the forest was still
dense and offered many educational opportunities.
Diane Lynch, representing EPLT, defined the fundraising plans in greater detail, noting that
contributions would be solicited from individuals and corporations, fundraising events would be
organized to include benefit concerts and sports clinics, and public funding would be pursued for all
available resources, including the potential of forming a partnership with the School District.
Jim Ostenson, Tandem Properties, owner of the property, reviewed discussions with EPLT regarding
the purchase of the "Big Woods" portion of the property. He explained that Tandem offered an option
until March 15, 1993, to EPLT, granting an opportunity to purchase the remaining lands owned by
Tandem which were located within the "Big Woods." Ostenson said this would include the
northwestern eight (8) lots of the proposed plat located in the fringe area of the woods. If the eight
(8) lots were purchased by EPLT, then the lots would never be developed. If the lots were not
purchased, then the developer would, after March 15, 1993, include the lots within the final phase of
the Fairfield West development.
Council members asked questions regarding the percentage of tree loss with the revised plan; how
Candlewood Parkway would be designed in lieu of the revised plan; whether a precedent would be
City Council Minutes 4 September 15, 1992
set by allowing the majority of the Fairfield West development to be zoned RI-13.5; and, whether
other areas of "Big Woods" existed in Eden Prairie. •
Ostenson stated that tree loss would remain approximately the same with the revised plan, unless, of
course, the eight (8) lots on the fringe of the woods in the option offered to EPLT were not developed.
He also explained that Candlewood Parkway would be constructed about one-third of its originally
proposed length by the revised plan, and then would connect to the east into the remaining portion of
the development.
Pauly explained that the Council would be able to require RI-44 zoning in the future, regardless of
the zoning granted for the majority of the Fairfield West development. He noted that issues related
to tree loss could provide a strong influence on such a decision.
Lambert reported that he and Kurt Rusterholtz, the Forest Ecologist who initially accompanied the tour
of the "Big Woods" of the Fairfield West proposal, had inspected another 40-acre remnant of "Big
Woods" growth located approximately one mile south of the Tandem land. Rusterholtz's fmdings
were that the two sites were similar, but that the site further south had about 10 to 15 acres of higher
quality woods, was better drained, and there was a greater variety of flora and fauna present. Lambert
added that 20 acres of the more southern site were designated on the City's Comprehensive Guide Plan
for preservation within a City park.
MOTION: Harris moved, seconded by Pidcock, to close the public hearing. Motion carried
unanimously.
(Mayor Tenpas declared a recess at 9:30 p.m. The meeting resumed at 9:45 p.m.) • Council members discussed the need for an EA W with Staff and the proponent. Pauly explained that
the proposal would be exempt from EA W requirements if there were less than 40 lots involved.
Ostenson stated that Tandem and Centex were further revising the plan at this time to eliminate Lot
2, Block 3 along the west side of the proposed development, in order to allow the development to fall
within the exempt category for preparation of an EA W. Enger explained that this meant the
development must remain as a 39-10t development; if not, the addition of another lot would remove
the development from the exempt category.
MOTION: Harris moved, seconded by Jessen, that the City of Eden Prairie finds that the proposed
Fairfield West development as currently constituted with 39 lots is exempt from Environmental
Assessment Worksheet review process. Motion carried unanimously.
Pauly stated that, procedurally, the Council now had on the table its reconsidered motion for the
approval of the zoning and platting request from the previous meeting.
Harris requested that the two actions be split. The other Council members concurred.
MOTION TO AMEND: Harris moved, seconded by Pidcock, to amend the requested zoning by
deleting the following lots as depicted in plans dated July 29, 1992:
Lots 1-5, Block 1
Lots 29-33, Block 2 •
City Council Minutes 5 September 15, 1992
Lots 1 and 2, Block 3
• Motion to amend carried on a vote of 4-1-0 (Anderson against)
•
•
The main motion on the zoning request, as amended, was then considered by the Council.
MOTION: Harris moved, seconded by Pidcock to adopt 1st Reading of Ordinance No. 29-92, Zoning
District change from Rural to RI-13.5 for Fairfield West, as amended by Council motion, deleting
the following lots as depicted in plans dated July 29, 1992:
Lots 1-5, Block 1
Lots 29-33, Block 2
Lots 1 and 2, Block 3.
Through discussion, Councilmembers clarified that it was their intention that the eight (8) lots within
the option agreement between Tandem and EPLT remain Rural until EPLT purchased the lots, or until
the March 15, 1993, at which time the proponent may renew the request.
Motion carried on a 4-1-0 vote, with Anderson voting against.
Anderson stated his belief that the RI-44 zoning district would be appropriate for areas such as this
in order to preserve and protect natural resources. He suggested that the developer's agreement be
clear about restrictive covenants prohibiting tree cutting on the lots by future residents. Enger noted
that it was one of the conditions of approval from the Staff Report.
Council members commended both the EPLT and the developer for working out a win-win situation
with creativity and cooperation, resulting in an positive outcome for the City overall. It was suggested
that the group may have other opportunities in the future for preservation of various natural resources
which deserved protection, but for which there were no City funds available.
MOTION: Harris moved, seconded by Pidcock, to approve the preliminary plat for Fairfield West,
deleting the following lots as depicted in plans dated July 29, 1992:
Lots 1-5, Block 1
Lots 29-33, Block 2
Lots 1 and 2, Block 3.
Motion carried on a 4-1-0 vote with Anderson voting against.
MOTION: Jessen moved, seconded by Harris, to direct Staff to prepare a Development Agreement
incorporating applicable Commission and Staff recommendations and Council conditions. Motion
carried unanimously.
D. LEIGHTON'S GARAGE by Hoyt Development Company. Request for Zoning District Amendment
within the existing 1-2 Park Zoning District on 1.7 acres; Site Plan Review on 1.7 acres within the
1-2 Park Zoning District; Preliminary Plat on 1.89 acres into one lot and road right-of-way; and
Shoreland Variances and Zoning Code variances to be reviewed by the Board of Appeals and
Adjustments. Location: South of County Road #67, north and east of Nine Mile Creek. (Ordinance
City Council Minutes 6 September 15, 1992
No. 34-92 -Zoning District Amendment within the 1-2 Park Zoning District; and Resolution No.
92-202 -Preliminary Plat) .. •
Enger reported that the Planning Commission recommended approval of this item at its meeting
August 31st. There were no comments from the audience.
Council members raised questions about the responsibility for clean up of the creek adjacent to the
property, acknowledging that the property owner had not caused the clutter and pollution which had
been observed. Enger responded that the proposal was designed with a siltation device, a strainer
pond, and a scenic easement over that portion of the property adjacent to the creek as part of the
proposal. He added these items would be conditions of the developer's agreement for the property
as well.
MOTION: Harris moved, seconded by Pidcock, to:
1) Close the public hearing;
2) Approve 1st Reading of Ordinance No. 34-92 for Zoning District Amendment;
3) Adopt Resolution No. 92-202 to approve the preliminary plat; and
4) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously. • E. BLUFFS EAST 13TH ADDmON by Hustad Development Corporation. Request for Comprehensive
Guide Plan Change from Low Density Residential to Medium Density Residential on .69 acres;
Rezoning from Rural to RM-6.5 on .30 acres; Rezoning from Rural to RI-13.5 on 2.06 acres; pun
Concept Review on 186 acres; Preliminary Plat of 3.1 acres into 10 lots. Location: North of Franlo
Road, west of County Road 18. (Resolution No. 92-203 -Comprehensive Guide Plan Change;
Ordinance No. 3S-92 -Rezoning from Rural to RM-6.S and Rezoning from Rural to RI-13.S;
Resolution No. 92-204 -PUD Concept; and Resolution No. 92-20S -Preliminary Plat)
Enger reported that the Planning Commission recommended approval of this item at its August 31st
meeting. There were no comments from the audience.
MOTION: Pidcock moved, seconded by Jessen, to:
1) Close the public hearing;
2) Adopt Resolution No. 92-203 for Comprehensive Guide Plan Change on 0.69 acre; and,
3) Approve 1st Reading of Ordinance No. 35-92 for Rezoning from Rural to RM-6.5 and R1-13.5.
Motion carried unanimously. •
City Council Minutes 7 September 15, 1992
MOTION: Pidcock moved, seconded by Jessen, to:
• 1) Adopt Resolution No. 92-204 approving the PUD Concept;
•
2) Adopt Resolution No. 92-205 approving the preliminary plat; and
3) Direct Staff to prepare a Developer's Agreement incorporating Commission and Staff
recommendations.
Motion carried unanimously.
F. WOODLAKE SANITARY SERVICE -EOUIPMENT BUILDING (BFD by Rutledge Construction
Company. Zoning District Change from Rural to 1-2 Park on 1.85 acres and Site Plan Review within
the 1-2 Park Zoning District on 1.85 acres for construction of a 2,200 square foot storage building.
Location: 9813 Flying Cloud Drive. (Ordinance No. 36-92 -Rezoning from Rural to 1-2 Park)
Enger reported that the Planning Commission recommended approval of this proposal at its August
31st meeting. There were no comments from members of the audience.
MOTION: Pidcock moved, seconded by Jessen, to:
1) Close the public hearing; and,
2) Approve 1st Reading of Ordinance No. 36-92 for Rezoning.
Motion carried unanimously.
MOTION: Pidcock moved, seconded by Jessen, directing Staff to prepare a Developer's Agreement
incorporating Commission and Staff recommendations.
Motion carried unanimously.
G. STARKEY LABORATORIES by Gavic Construction Corp. Request for PUD Concept Amendment
on 20 acres, PUD District Review within the 1-5 Zoning District on 5.57 acres with a waiver, and Site
Plan Review on 5.57 acres; 2nd Reading of Ordinance No. 33-92-PUD-6-92, PUD District Review
and Zoning District Amendment within the 1-5 District; Approval of Developer's Agreement for
Starkey Laboratories; Adoption of Resolution No. 92-207, Authorizing Summary of Ordinance No.
33-92-PUD-6-92 and Ordering Publication of Said Summary; and Adoption of Resolution No. 92-209,
Site Plan Review. Location: 6600 Washington Avenue. (Resolution No. 92-208, PUD Concept
Amendment; 1st Reading of Ordinance No. 33-92-PUD-6-92, PUD District Review and Zoning
District Amendment; 2nd Reading of Ordinance No. 33-92-PUD-6-92, PUD District; Resolution
No. 92-207, Authorizing Summary and Publication; and Resolution No. 92-209, Site Plan Review)
Enger reported that the Planning Commission recommended approval of this proposal at its September
14th meeting. There were no comments from members of the audience.
• MOTION: Pidcock moved, seconded by Jessen, to:
1) Close the public hearing;
City Council Minutes 8 September 15, 1992
2) Adopt Resolution No. 92-208 for PUD Concept Amendment; and,
3) Approve 1st Reading of Ordinance No. 33-92-PUD-6-92 for PUD District Review. •
Motion carried unanimously.
MOTION: Pidcock moved, seconded by Anderson, to approve:
1) 2nd Reading of Ordinance No. 33-92-PUD-6-92, PUD District Review and Zoning District
Amendment within the 1-5 District;
2) Approval of Developer's Agreement for Starkey Laboratories, subject to execution of said
Agreement by Starkey Laboratories;
3) Adoption of Resolution No. 92-207, Authorizing Summary of Ordinance No. 33-92-PUD-6-92
and Ordering Publication of Said Summary; and,
4) Adoption of Resolution No. 92-209, Site Plan Review.
MOTION: Jessen moved, seconded by Pidcock, to grant permission for an early grading permit for
Starkey Laboratories, with the understanding that developers were proceeding at their own risk,
pending final City approvals of their plans.
Motion carried unanimously. • V. PAYMENT OF CLAIMS
MOTION: Anderson moved, seconded by Pidcock, to approve the Payment of Claims as presented.
Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voting "aye."
MOTION: Jessen moved, seconded by Pidcock, to continue the meeting past 11:00 p.m. for consideration
of items VI.A., X.A.3., X.E.1. and X.G.l, continuing all other items to October 6, 1992. Motion carried
unanimously.
VI. ORDINANCES AND RESOLUTIONS
A. Resolution 92-200. Certifyine the Proposed 1993 Tax Levy Approvine the Proposed 1993 City
Budeet
Jullie reported that the proposed net tax levy contained in the Resolution was $150,000, or 1.2 %
higher, than the 1992 levy.
Councilmembers complimented Staff for their good work in looking at various financing options ~
expressed confidence that the budget had been thoroughly reviewed to provide for minimum neces~
expenditure, without hurting important programs. The use of certificates for equipment purchases
City Council Minutes 9 September 15, 1992
• appeared to be sensible, if the City followed through with creation of a sinking fund for such
purchases in the future .
The Council expressed its hope that citizens would be able to appreciate their efforts to keep the City
portion of taxes stable.
MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 92-200, Certifying the
Proposed 1993 Tax Levy and approving the Proposed 1993 City Budget. Motion carried
unanimously.
VII.PETITIONS. REQUESTS AND COMMUNICATIONS
Vm.REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES
IX. APPOINTMENTS
A. Appointment of 1 member to the Board of Appeals & Adjustments to fill an unexpired term to
2/28/92 (Continued to October 6, 1992)
X.REPORTS OF OFFICERS
•
•
A. Reports of Councilmembers
1. Additional Compensation for City Council (Continued to October 6, 1992)
2. Report on Lea2Ue of Minnesota Cities (Continued to October 6, 1992)
3. Community Needs and Resources Council
Harris reported her resignation from the Community Needs and Resources Council and
recommended the City Council maintain its representation in the organization. Tenpas
volunteered to fill the vacancy.
B. Report of City Mana2er
C. Report of Director of Parks. Recreation & Natural Resource
D. Report of Director of Plannin2
E. Report of Director of Public Works
1. Award Contract for Pureatory Creek Wetland Restoration. I.C. 52-273 (Resolution No. 92-
198)
MOTION: Jessen moved, seconded by Pidcock, to adopt Resolution No. 92-198, awarding the
contract for Purgatory Creek Wetland Restoration, I.C. 52.273. Motion carried unanimously •
2. Erosion Control Policy (Continued to October 6, 1992)
I: ! (')" II' (,.,J'-
City Council Minutes 10 September 15, 1992
F. Report of City Attorney
G. Report of Finance Director • 1. Lease for Liquor Store No.1 (Continued from September 1, 1992)
Frane reported that both Prairie Village Mall and Prairie Courts Mall had resubmitted their
proposals for lease options for Liquor Store #1. A discrepancy in the proposal process was
discussed.
MOTION: Anderson moved, seconded by Pidcock, to direct Staff to negotiate the details of a
lease for Liquor Store #1 with Prairie Village Mall.
Representatives from Prairie Village Mall and Prairie Courts Mall expressed concern about the
process.
MOTION TO AMEND: Jessen moved, seconded by Harris, that Staff negotiate with Prairie
Village Mall and Prairie Courts Mall representatives regarding a lease for Liquor Store #1,
evaluating the impact on sales and customer traffic. Motion carried on a 3-2-0 vote, with
Anderson and Pidcock voting against.
XI. OTHER BUSINESS
XII. ADJOURNMENT • MOTION TO ADJOURN: Jessen moved, seconded by Pidcock, to adjourn the meeting. Mayor Tenpas
adjourned the meeting at 11:15 p.m.
•
•
•
•
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
October 6, 1992
CONTRACTOR (HUL TI-FMlIL Y & COMt1.)
Building & Property Services Company
Burdg Dunham & Associates
Construction Details Corp.
Panel craft of Minnesota,· Inc.
PLUf·1BI NG
Kl amm r1echani ca 1 Contractors
Lake State Plumbing
Neu Plumbing
Po dany Pl umb i ng
Rosetown Mechanical, Inc.
GAS FITTER
Hanson-Kleven Plumbing
Lindemeier Service
Midwest Equioment Company, Inc.
Northern Air Corporation
P & D Mechanical Contractinq.Company
HEATING & VENTILATING
Lindemeier Service
P & D Mechanical Contracting Co.
SEPTIC SYSTE~S
Hayes & Sons Excavating
These licenses have been approved by the department heads responsible for
the licensed activity.
OJ-k
Pat Soli e
Licensing
•
•
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-196
BE IT RESOLVED by the City Council of the City of Eden Prairie that the following persons
have agreed to serve as election judges and are appointed for the General Election to be held on
November 3, 1992.
PRECINCT 1
Janet Dahlke
Ruth Ehlen
Heather Gast *
Bernice Holasek
Michael Maki *
Lydia Martinson
Becky Matts
William Patrek
Deborah Porta *
Jo Ann Wronski **
PRECINCT 2
Carol Addington
Robert Cole
Christine Dodge
Loretta Ellison
Jeff Freemyer *
Allene Hookom
Delores Klein
Danielle Nesbitt *
Kathleen Porta **
6a.m.
2 p.m.
6 a.m.
6 a.m.
2 p.m.
KING OF GLORY LUTHERAN CHURCH
17850 Duck Lake Trail 934-1708
6961 Ticonderoga Trail 934-4464
6630 Lochanburn Road 934-9464
6446 Grand View Drive 937-1633
10020 Dell Road 934-1185
17301 West 67th Street Circle 934-4663
8317 Red Rock Road 937-8787
17467 Cherry Drive 934-6832
6756 Amherst Lane 937-0552
15612 Sunset Circle 934-6634
6630 Tartan Curve 934-4226
EDEN PRAIRIE ASSEMBLY OF GOD
16591 Duck Lake Trail 934-2327
6917 Edenvale Boulevard
7160 Parkview Lane
16463 Ashby Lane
16920 South Shore Lane
6616 Harlan Drive
16741 Prairie Lane
15701 North Lund Road
16988 Honeysuckle Lane
15612 Sunset Circle
934-0715
937-1469
937-8413
934-3060
934-9244
934-2550
934-9124
937-2574
934-6634
PRECINCT 3
Angela Cary *
Fay Clark **
Elaine Dahl
Ann Hagen
Shelly Isensee *
Dan Johnson
Susan Murphy
Muriel Rosetter
Mary Upton
Brenda Weidner
PRECINCT 4
Priscilla Bailey
Jessica Boie *
Doris Erickson
Ruth Lumbar
Laurel Pennebaker **
Catherine Rue
Bernice Sandness
Gina Sandvick *
Alice Schultz
Kimberly Wiley *
PRECINCT 5
Fern Anderson
Christine August *
Judith Baker **
Carole Britton
Dolores Brown
Priscilla Cole
Anne Hawkins
Jenny Hibbard *
Carole Meidinger
Cathy Watkins
6 a.m.
6 a.m.
6 a.m.
2 p.m.
6 a.m.
2 p.m.
6 a.m.
EDEN PRAIRIE FIRE STATION #3
7350 Eden Prairie Road 937-2237
6702 Kara Drive 934-3203
7392 Ontario Boulevard 934-4460
6951 Edenvale Boulevard 949-2108
16185 Edenwood Drive 937-1610
16151 South Hillcrest Court 937-8342
8757 Maplebrook Parkway 425-0813
7347 Ontario Boulevard 934-0366
6909 Edenvale Boulevard 937-8750
16163 Edenwood Drive 937-2938
7057 Woodland Drive, #19 934-7965
ST. ANDREW LUTHERAN CHURCH
14100 Valley View Road 937-2776
6950 Mariann Drive 937-8885
14355 Golf View Drive 934-3491
7900 Timber Lake Drive, #304 949-9446
16700 Main Street, #403 949-2711
7284 Prairie View Drive 937-2623
6321 St. John's Drive 937-1293
79,00 Timber Lake Drive, #309 937-0711
14280 Stratford Road 937-2075
6325 St. John's Drive 937-8171
7025 Springhill Circle 937-8663
PRAIRIE HILL EVANGELICAL FREE CHURCH
17200 Valley View Road 937-9593
17870 Evenston Road
7305 Paulsen Drive
7113 Muirfield Lane
18410 Maple Leaf Drive
7260 Tartan Curve
7160 Park View Lane
18099 South Shore Lane West
13700 Valley View Road, #252
15683 Cedar Ridge Road
17712 South Shore Lane West
934-2071
934-3335
937-2153
934-0984
934-0848
937-1469
934-2253
934-2528
937-2840
937-9352
.. •
•
•
•
•
•
PRECINCT 6
Ella Adams
Lee Hales
Russ Hanson
Becky Heald
Elaine Jacques
William Jellison
Joyce Myhre **
Daniel Schroers *
Megan Teut *
Jeff Woodcock *
PRECINCT 7
Rita Anderson
Adeline Bramwell
Cheryl Bridge
Louise Doughty
Frances Dye
Betty Fritz
Tami Goven *
Andee Heikes *
Ruth Mital **
Erin Olson *
Eleanor Taggatz
PRECINCT 8
Kent Barker
2 p.m.
2 p.m.
6 a.m.
2 p.m.
6 a.m.
2 p.m.
Cristina Cruz * 2 p.m.
Dorothy Fifield
Arlene Howden
Stephanie Kukowski * 6 a.m.
Philip Olson **
Ethyl Wokasch
IMMANUEL LUTHERAN CHURCH
16515 Luther Way
16700 Main Street, #311
7946 Island Road
15711 Summit Drive
7631 Superior Terrace
9021 Riley Lake Road
9560 Highview Drive
15011 Summerhill Drive
15950 Westgate Drive
7484 Eileen Street
7591 Huron Place
NEW TESTAMENT CHURCH
12901 Roberts Drive
14312 Fairway Drive
14329 Fairway Drive
7272 Gerard Drive
13200 Roberts Drive
14405 Fairway Drive
8226 Tamarack Trail
13506 Kerry Lane
7254 Taffy Way
12762 Gordon Drive
7131 Gerard Drive
8218 Tamarack Trail
937-8123
934-0372
934-1746
937-8278
937-5457
934-0944
934-0934
937-2815
937-9116
949-2752
937-8418
941-7290
937-8196
937-8987
941-8104
934-3858
934-2190
937-2480
949-0833
934-6722
944-3481
941-3420
934-9188
WOODDALE CHURCH
6630 Shady Oak Road 944-6300, X155
15801 Cedar Ridge Road
7042 Willow Creek Road
15204 Lesley Lane
9831 Brighton Lane
6401 Tanager Lane
18543 Harrogate Drive
15129 Lesley Lane
937-1454
941-6985
937-2659
829-7329
934-1162
934-5353
937-8802
PRECINCT 9 IMMANUEL LUTHERAN CHURCH
16515 Luther Way 937-8123 • "
Ella Bergstrom 7900 Timber Lake Drive, #206 937-8583
Shirley Carlon 7900 Timber Lake Drive, #215 934-2966
Marjorie Davis 7900 Timber Lake Drive, #314 937-5472
lohn Duong * 6a.m. 8681 Eden Prairie Road 934-8963
Danielle Grow * 2 p.m. 7974 Island Road 949-3009
La Verne Hales 7946 Island Road 934-1746
lune Hanson 15711 Summit Drive 937-8278
Vema Holter 8070 Timber Lake Drive 934-0014
Chad Huovie * 2 p.m. 7986 Island Road 934-4629
Shirley lellison ** 9560 Highview Drive 934-0934
Margaret Uhlenkamp 7900 Timber Lake Drive, #322 949-2825
PRECINCT 10 EDEN PRAIRIE UNITED METHODIST CHURCH
15050 Scenic Heights Road 937-8781
Connie Blad 8326 Hiawatha Avenue 949-0500
Tracey Cronin * 2 p.m. 9043 Victoria Drive 934-1343
Kristin Elfering * 6a.m. 15489 Canyon Ridge 934-9010
Virginia Gartner ** 15769 Cedar Ridge Road 937-1595
linny Gibson 15776 Cedar Ridge Road 937-1374 • Kristin Knutson * 2 p.m. 8621 Coachman's Lane 934-0876
Sarah Luchau 8380 Red Rock Road 934-7790
Dorothy Schwartz 15051 Scenic Heights Road 937-2289
Irene Snyder 4 p.m. 15184 Village Woods Drive 937-0922
Barbara Zupan 8210 Hiawatha Circle 937-2488
PRECINCT 11 EDEN PRAIRIE PRESBYTERIAN CHURCH
11609 Leona Road 941-2521
Spencer Berke * 2 p.m. 18710 Partridge Circle 934-6905
Brian Cronk * 2 p.m. 18895 Pheasant Circle 934-3426
Robert Gibson 15776 Cedar Ridge Road 937-1374
Dorothy Gilk 8485 Red Oak Drive 937-8783
Adam Huskey * 2 p.m. 18756 Nature Lane 934-2377
Lyle Johnston 8621 Basswood Road, #18 944-9308
Mary Karlberg 8580 Magnolia Trail, #106 941-2968
William Schwartz ** 15051 Scenic Heights Road 937-2289
Marie Wittenberg 9880 Crestwood Terrace 934-0961
Don Zupan 8210 Hiawatha Circle 937-2488
•
•
•
•
PRECINCT 12
Mildred Clark
Agnes Daluge
Rosalee Dwyer
Pauline Johnston
Marion Nesbitt
Brian Netz *
Joe Peters *
Linda Senes
Barbara Vanderploeg **
Dortha Winkel
PRECINCT 13
Willard Daluge
Juliet Gleason
Michael J unck *
Jennifer Koosmann *
Linda Leathers
Viola McLain
Maxine Moran
Nancy Ostroot
James Rannow **
PRECINCT 14
Jacquelyn Closs *
Isabell Iverson
Lois Jedlicka
Richard Knight
Norma Knutson
Patty Kruse
Caroline Nelson
Kathlyn Nicholson **
Betty Schaitberger
Laura Schechter *
2 p.m.
6 a.m.
6a.m.
2 p.m .
2p.m.
6 a.m.
EDEN PRAIRIE LIBRARY
479 Prairie Center Drive 829-5460 ..
8779 Basswood Road 941-3269
8795 Darnel Road 944-2738
8651 Basswood Road, #202 944-1354
8621 Basswood Road, #18 944-9308
8701 Black Maple Drive 941-2387
8629 Darnel Road 944-2278
8750 Black Maple Drive 941-5655
11225F Westwind Drive 941-3437
8735 Leeward Circle 941-5363
8651 Basswood Road, #105 942-0556
HENNEPIN TECHNICAL COLLEGE
9200 Flying Cloud Drive 944-9993
8795 Darnel Road 944-2738
8633 Darnel Road 944-6154
15753 Cedar Ridge Road 934-4892
14309 Chestnut Drive 937-9330
14015 Chestnut Drive, #A 934-0142
7365 Howard Lane, #303 937-1798
11628 Tanglewood Drive 942-8864
14001 Chestnut Drive, #D 949-3711
16316 Lincoln Lane 937-8237
PAX CHRISTI CATHOLIC COMMUNITY
12100 Pioneer Trail 941-3150
10282 Concord Drive
12135 Oxbow Drive
12501 Pioneer Trail
10065 Eden Prairie Road
9800 Eden Prairie Road
9250 Eden Prairie Road
16300 Hilltop Road
16201 Hilltop Road
12880 Pioneer Trail
17130 Cedarcrest Drive
941-7293
941-7465
941-3143
934-2032
934-1998
937-2347
937-8941
937-1928
941-1451
937-2640
PRECINCT 15
Kathleen Childs
Cheryl Frisvold **
Gerald Haas
Cheryl Hosokawa
Heather Mathei * 6 a.m.
Alfred Nelson
Karen Norman
Carole Sheridan
Robert Weiler * 2 p.m.
PRECINCT 16
Leone Barta
Bernadine Beauvais **
Cherie Hansen 4 p.m.
Susan Hedberg
Nancy Little
Beverly Lovas
Kathleen Millberg
Dawn Rischmiller
Mark Thielman
Angela Wortman * 2 p.m.
PRECINCT 17
Robb Christensen * 6 a.m.
Jerri Coller
Rhoda Haas
Carol Hegge **
Robert Hovey
Karen Johnson
LeAnn Meservy
Brant Penney * 2 p.m.
Christine Stenzel
Linda Taylor
Josh Timmerman * 2 p.m.
Barbara Wasylyk
---. ------------------------------------
EDEN PRAIRIE FIRE STATION #2
12100 Sunnybrook Road 941-9899
9183 Larkspur Lane 944-2604
10265 Amsden Way 944-2253
9955 Pioneer Trail 944-2449
9652 Falcon's Way 829-1981
11948 Waterford Road 944-0162
16300 Hilltop Road 937-8941
9230 Overlook Trail 944-3363
8908 Neill Lake Road, #F 944-6643
11072 Branching Hom 941-9026
PAX CHRISTI CATHOLIC COMMUNITY
12100 Pioneer Trail 941-3150
10065 Pioneer Trail
10285 Amsden Way
9445 Aspen Circle
11579 Welter's Way
14270 Golf View Drive
10465 Olympic Circle
9350 Talus Circle
9259 Amsden Way
8370 Red Rock Road
9800 Friar Drive
HOMEWARD HILLS PARK BARN
12000 Silverwood Drive
9050 Highpoint Circle
10301 Phaeton Drive
9955 Pioneer Trail
10015 Pioneer Trail
10559 Grant Drive
11404 Creekridge Dr.
10575 Grant Drive
10711 Lee Drive
10459 Huntington Drive
11193 Bluestem Lane
10663 Lee Drive
9963 Bennett Place
944-1551
941-8152
941-8690
944-6448
949-6794
941-7098
941-5868
941-4233
937-1022
941-6206
942-8211
944-8169
944-5567
944-2449
941-2707
944-9391
944-5263
944-5491
944-8351
942-6722
942-8394
941-8474
941-5083
.. •
•
•
•
•
•
CITY HALL
Karen Hanson
Bonny Swain
ALTERNATES
Laverne Anderson
Donald Jenkins
David Knaak
Bonnie Lord
LeaAnn Thielman
* Denotes Student Judges
** Denotes Head Judges
13008 Gerard Drive
8:30 a.m. 12241 Jack Pine Trail
7258 Hunters Run
9735 Dorset Lane
7935 South Bay Curve
9735 Dorset Lane
8370 Red Rock Road
ADOPTED BY the Eden Prairie City Council on this 6th day of October 1992 .
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
20 44-F-
944-2876"
941-7103
934-3538
944-0142
934-0324
944-0142
937-1022
PROCLAMA TION
City of Eden Prairie
Hennepin County, Minnesota
WHEREAS, there are more than 600,000 persons with disabilities in
Minnesota, making them the largest minority group in the state; and
WHEREAS, many persons with disabilities are living independently
in Minnesota and are participating in educational, social, religious,
recreational and community activities; and
WHEREAS, residents of our community need to become more aware of
the talents and capabilities of persons with disabilities the chance to
compete on an equal basis and to pursue those opportunities for which
our free society is justifiably famous; and
WHEREAS, a significant effort is being made statewide to eliminate
barriers to employment, housing, transportation, education and public
accommodations for persons with disabilities; and
WHEREAS,
employment as
designated the
and
the Congress of the united states has recognized
a maj or issue for persons wi th disabili ties and has
month of October as National Disability Awareness Month;
WHEREAS, the Americans with Disabilities Act and the Minnesota
Human Rights Act require employers to make reasonable accommodation to
the known disability of a qualified applicant or employee;
NOW, THEREFORE, I, Douglas B. Tenpas, Mayor of the City of Eden
Prairie, do hereby proclaim
October, 1992
as
DISABILITY EMPLOYMENT AND AWARENESS MONTH
in the City of Eden Prairie.
Proclaimed this 6th day of October, 1992
Douglas B. Tenpas, Mayor
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 38-92 -AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE
CHAPTER 2 ENTITLED "ADMINISTRATION AND GENERAL GOVERNMENT," SECTION 2.18,
AMENDING THE TITLE AND CHANGING THE NAME OF THE HISTORICAL AND CULTURAL
COMMISSION TO THE CULTURAL COMMISSION, AND ADOPI'ING BY REFERENCE CITY
CODE CHAPTER 1 AND SECTION 2.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCn.. OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
SECTION 1. The title of City Code Section 2.18 is amended to read as follows:
"SECTION 2.1S. BlSTORlCAI.~ CULTURAL COMMISSION.
SECTION 2. That the first sentence of Section 2.18, Subd. 1. is amended to read as follows:
"Subd. 1. Establishment and Composition. A Hislel'ieal &Btl Cultural Commission, composed of seven (7) members, is
hereby established for the purpose of advising the Council as to activities, programs and facilities of historical and cultural
significance in the City. W
SECTION 3. That Section 2.18, Subd. 2. is amended to read as follows:
_ "Subd. 2. Duties. The duties of the lIisteaeal &BEl Cultural Commission are to advise the Council concerning the following:
A. The opemtion and maintenance of the Wistsaeal &Btl a Cultural Center.
B. Recommendations for areas and/or facilities for inclusion in the City'S Park Progmm which have historical or
cultural significance.
C. Review and development of historical and cultural progmms in the community.
D. Recommendations for improvements of historical facilities, including recommendations for potential funding
sources. W
SECTION 4. That Section 2.18, Subd. 3., is amended to read as follows:
"Subd. 3. Establishment of Heritage Preservation Commission. The Heritage Preservation Committee of the Wislel'iettl
&Btl Cultural Commission, composed of eleven (11) members is hereby established as the Heritage Preservation Commission
for the purpose of carrying out the provisions of Sec. 11.05. Commission members shall be appointed by the Wisleaellillftd
Cultural Commission to serve in accordance with the guidelines for Certified Local Government status. Members shall have
a demonstmted interest and/or expertise in historic preservation; be residents of the community; and, if available, at least
two (2) members shall be preservation-related professionals (including the professions of history, architecture, architectuml
history, archaeology, planning, real estate, or law) and one (1) member shall be a representative of the County Historical
Society. W
SECTION 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the
afntire City Code Including Penalty for Violation" and Section 2.99, entitled "Violation a Misdemeanor" are
~ereby adopted in their entirety, by reference, as though repeated verbatim herein.
;;(OL/ W
SECTION 4. 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 October 6, 1992,
and finally read and adopted and ordered published at a regular meeting of the City Council of said City •
the 20th day of October, 1992. ..
ATTEST:
Douglas B. Tenpas, Mayor
John D. Frane, City Clerk
•
•
•
•
•
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THROUGH: Robert A. Lambert, Director of Parks, Recreation and Natural Resources
FROM:
DATE:
SUBJECT:
Barbara Penning Cross, Landscape Architect ~
October 1, 1992
Recommendation to Approve Bids for Construction of the Staring Lake
Amphitheatre Storage Building
In 1991, $17,000 was budgeted for a building near the Staring Lake Amphitheatre to store
chairs, music stands, a sound system, and maintenance items used at the amphitheatre. During
the planning and design process, a multi-purpose building evolved that would serve as the
backdrop for performances, as well as a storage building. The mUlti-purpose building was
beyond the range of the budget, and the building was not built.
In August of 1992, the Historical and Cultural Commission requested and received an additional
$30,000 to construct this building, bringing the budget amount to $47,000 .
Plans and specifications were completed and the project was bid. To make sure this project
could be constructed within the budget amount, staff prepared a base bid sheet with a bid and
three deduct alternates. If the base bids came in higher that anticipated, our park maintenance
crews could complete the alternates this winter. The three alternates are as follows:
1. Delete material and labor required to construct the handicapped accessible ramp to the
stage area.
2. Delete installation of all exterior wall and soffit panels; and materials and labor to prime,
paint, caulk and seal exterior.
3. Delete installation of all materials provided to roof building with asphalt shingles.
Sealed bids were opened October 1, 1992, at 10:00 a.m. Three bids were received. A detailed
bid summary is attached for your review. Base bids are broken out as follows:
C. O. Fields Company
C M Construction Company
J urrens Construction Company
$46,400
$56,680
$58,400
Staring Lake Amphitheatre Bids
October 1, 1992
Page 2
The base bid for C. O. Fields Company is within the budget amount for this building. Staff
recommends not accepting any deduct alternates and awarding the contract for the Staring Lake
Amphitheatre Storage Building to C. O. Fields Company in the amount of the base bid $46,400.
Construction can proceed as soon as contracts are signed and a preconstruction meeting is held.
Masonry and concrete work is to be completed by November 1, 1992, with the entire building
completed by December 31, 1992.
BPC:mdd
...
•
•
• b~~G ~L1I~DINq
~,o 1"'A6JJ~A1iOH
E?\l?~~ ~J\~ e,o " ~'(. "'I .
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10:00 AM
AM. f~ \-rrteA~rz.
Ou"f ( I I~ tllZ..
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. ARCHIT[OS PROFESSIONAL ASSOCIATION
-,.&365 Corlson Olive Ellen Prall/Ii Minnesota 55346 6J2-934-8898
- - ---------~~~~--~-----------------
•
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•
•
•
MEMORANDUM
TO:
ThROUGh: 3eb Lambert, Director of Parks. Recreation and Natural
ReSOtJ~c 25
FROi1 : Dave Black, Community Center Operations Supervisor
DATE: September 29. 1992
SUBJECT: Proposed Schedule for Two Ice Arenas
with the upccmi~g opening ot
ti'ne needs
the new ice arena,
to be finalized to
Dlans -for the
allotmen t 07 ice e r: "5 u r-e 0 r-0 pel'"
allocation of ice time for Eden Prairle user groups.
B(-\CKGROlJND
Ice time is currently being allocated, following time guidelines
establlshed by the Eden Prairie City Council. These guicelines
list the ice time allocation in the following order:
1. City 'Programs skating lessons, open skating, and
2.
3.
adult hockey leagues
E.P.H.S. Programs -Varsity and Junior Varsity
E.P. Athletic Associations, Hockey Association
and E.P. Figure Skating Club
Hoc!.t: EY
-< ~ :l o. :::. ...
have lnterviewed the above ice time users
input in order to anticipate their needs fer
and solicited
additional ice
the~r
time.
The following is lnformation based on these discussLons:
City programs: Currently open skating and skating lessons
o c cur 0 n are g u 1 arb a s L ';:, 0 n tile e xis tin g ice r' ink . A t
p:-esent, there is a need for an additional lesson hour on
Saturdays to accommodate the anticipated number of
participants.
Adult hockey leagues have enough ice time. Ice
this program is scheduled after HAEP and EPFSC
filled (because participants can play hockey
school/work nlghts).
time
needs
later
for
are
on
Staff will experiment with a week night adult open skating
session, and possibly evening adult lessons this winter.
Based on demand. evening lessons could be a permanen~ part
of the lesson program .
~oLJ9
additionaL "~ c e t .i. :T; 'c?
could
School:
fGr their
it
~PHS has requested no
progiams at this pOl-nt. ";his
a var-sit'l
sport. They will continue to practice after school each
weekday, use the new rink on Mondavs, and the existing rink
for the remainder of the time. Hlgh school games will be
played on Thursday or Saturday evenings. with one game
scheduled on a Tuesday this season.
Eden Prairie Athletic Asso~iation: Both HAEP ~nd EPFSC
have iequested additianal ice time for their groups on a
weekly basis. In April 1991. EPFSC approached the Parks,
Recreation and Natural Resources Commission with a request
for additional ice time. At that time, there was no
additional ice time available to accommodate their request
~'Jithout takirit:; ice time a:,\la'/ from HAEP. The HAEP was also
short on ice time, and it ~as agreed that when the second
ice arena opened that EPFSC would be allotted ice time so
the club could grow to the point of being able to
accommodate its skaters.
ANALYSIS
To accomplish an ice time schedule which is fair to
groups is very important, as is the development of a
which maximizes the opportunity to sell the majority of
hours available.
all user
schedule
the ice
There are three charts
schedule.
attached which will explain the proposed
Chart #1:
Chart lf2:
Chart #3:
Projected ice schedule for each rink by day
for a typical 'Nee',(. *
Projected number of ice time hours for ecich
rink by da'/ for a typical weeI-; per user
group.
HAEP cind EPFSC Analysis
Comparison to existing allotment of ice
time.
Weekday/weekend comparisons.
New rink and existing rink hours per day
comparisons.
* Please note that on Chart #1. there is ice time allotted for
High School team (H.S. team) on one rink per day after scheel
hours only. This is assuming HAEP cind EPFSC do not or cannot use
these hours because coaches/teachers are unavailable until 4:30
pm. If HAEP or EPFSC discover a need for these hours, these can
be added to their ice time allotment.
2.0S0
•
•
•
•
•
•
Staff has been approached by two other high schools (Shakopee and
Chaska High Schools) to rent after school ice time throughout the
hoc~ev season, if any ice is availaole. Currently it appears
that additional ice time will be d'/ailable.
BECOMMEND~TIONS
Based on the above analysis, staff recommenos approval af the ice
time schedule outlined on chart #1 for the 1992-93 season which
will c~nclude
scheduling can
on Marcn 31, 1q~3. A~ ~hat
be accomplished without any
shortage for ice time.
point, ice time
~roup feeling a
Attachments: Projected ice rental schedule, ice time comparison,
HAEP & EPFSC analysis
cc: Laurie Helling, Manager of Recreation Servlces
Lynn McCoy, President HAEP
Paul Crugnola, President EPFSC
PROJECTD ICE RENTAL
FOR BOTH RINKS TOGETHER
,
TIME Exist New Exist New Exist New Exist New Exist New Exist New Ex
Oly Oly Oly Oly Oly Oly
6 a.m. Dev Dev JLe" HAEP
6:15
6:30
6:45 HAEP
7a~. Ice HAEP
7:15 HAEP HAEP
7:30
7:45 Ice
8 a.m. HAEP Open Open Open Open Open Ice
8: 15 Ice Skate Skate Skate Skate Skate Ice HAEP
8:30 HAEP Less
8:45
9 a.m. Ice Less Ice Ice
9: 15 HAEP Ice
9:30 Ice HAEP
9:45 H~
10 a.m.
10: 15 Ice
10:30 HAEP Ice Ice Ice
10=-45 Ice less HAEP
11 a.m. HAEP
11: 15
11:30 Ice
11:45 HAEP Ice
Noon Ice Open Open HAEP
12: 15 HAEP hocke Hocke
12:30
12:45 Ice Ice
1 p.m. Open j)~en Ice
1:15 Ice Skate Skat HAEP
1 :30 HAEP Less Ice Ice Ice Ice Ice Ice
1 :45
2 p.m.
2:15 Ice
2:30 Ice • ce
/
:A05a
PROJECTD ICE RENTAL
FOR BOTH RINKS TOGETHER
.·.·}::::··::·:;:::::_~iiii:!:~;~!::~l~4f$Y:::~::::::::it __ li:::::~~::::::::~!::::_i.::::: .. ;i£)&j@r:::ft.!o:::: .. i:th·······
ME Exist New Exist New Exist New Exist New Exist New Exist New Ex New
Oly Oly Oly Oly Oly Oly Oly
2:45 HAEP EPHS EPHS EPHS EPHS EPHS Ocen
3 p.:n. Skate HS HS HS HS HS Skat
team team team team team
3: 15
3:30 Ice
3:45 Ice HAEP
4 c.m. HAEP Ice Ice Ice Ice Ice
4:15 HAEP EPFSC Ice Ice EPFSC Ice Ice EPFSC Ice HAEP
4:30 EPHS EPHS EPHS Ice EPHS EPHS Ice
4:45 HAEP EPFSC Ice
5 p.m. Ice HAEP
5:15 HAEP Ice Ice Ice Ice Ice
5:30 HAEP EPFSC Ice Ice EPFSC Ice Ice EPFSC Ice_ HAEP
5:45 _HAEP HAEP HAEP Ice HAEP HAEP
6 p.m. HAEP Ice
6:15 Ice Ice HAEP
6:30 HAEP Ice HAEP Ice .m. HAEP Ice Ice Ice Ice Ice HAEP
Ice HAEP HAEP Ice HAEP Ice HAEP Ice HAEP
7:15 HAEP HAEP HAEP HAEP Ice
7:30 Ice Ice HAEP
7:45 HAEP Ice HAEP Ice
8 p.m. HAEP Ice Ice tce Ice Open Open
8:15 Ice HAEP HAEP Ice HAEP Ice HAEP Ice Skat Skat
8:30 HAEP HAEP HAEP HAEP Ice
8:45 Ice Ice HAEP
9 p.m. HAEP Ice HAEP
9:15 Men Ice Ice Ice Ice
9:30 Ice HAEP HAEP Ice HAEP Ice HAEP tce
9:45 Hen Hen Hen Men Ice
10 p.m. Ice Ice Avai
10: 15 Hen Ice Avail
10:30 Men Ice Ice Ice Ice
10:45 Ice Men Hen Ice Men Ice Hen Ice
11 p.m. Men Men Men Hen Ice Ice Ice I: Ice Avail Ice Avai Avai
Hen Ice Avai l
11:45 Ice Ice Ice /
12 p.m. Ice Ice Ice Ice
,rJ ·.1\ J,
L· ... \.; •.. ) ~
EPHS
Proposed
HAEP
Proposed
EPFSC
Proposed
OTHER HS
Proposed
LESSONS
Proposed
DEVELOP
~ Proposed a
<.Yt ~ OPEN SKATE
Proposed
(Prime only)
MENS
Proposed
SUN
Exist New
0.0 0.0
0.0 0.0
0.0
8.0 0.0
12.0 9.0
21.0
0.0 0.0
0.0 0.0
0.0
0.0 0.0
0.0 0.0
0.0
0.0 0.0
0.0 0.0
0.0
0.0 0.0
0.0 0.0
0.0
3.0 0.0
0.0 3.0
3.0
3.0 0.0
2.0 2.0
4.0
TOTAL/DAY 14.0 0.0
PROPOSEO TOT 14.0 14.0
MON
Exist New
2.5 0.0
0.0 2.5
2.5
4.0 0.0
2.0 4.0
6.0
0.0 0.0
2.5 0.0
2.5
0.0 0.0
1.0 0.0
1.0
2.0* 0.0
2.0* 0.0
2.0*
3.0* 0.0
3.0* 0.0
3.0*
0.0 0.0
0.0 0.0
0.0
2.0 0.0
2.0··1.0
3.0
13.5 0.0
12.S 7.5
ICE TIME HOURS SCHEDULED PER WEEK
TUE
Exist New
2.5 0.0
2.5 0.0
2.5
3.0* 0.0
5.0* 2.0
7.0*
1.5 0.0
0.0 2.5
2.5
0.0 0.0
0.0 1.5
1.5
0.0 0.0
0.0 0.0
0.0
0.0 0.0
0.0 0.0
0.0
0.0 0.0
0.0 0.0
0.0
3.0 0.0
1.0 2.0
3.0
10.0 0.0
8 .. S 8.0
WED
Exist New
2.5 0.0
2.5 0.0
2.5
4.0 0.0
4.0 4.0
B.O
0.0 0.0
0.0 0.0
0.0
0.0 0.0
0.0 1.5
1.5
0.0 0.0
0.0 0'.0
0.0
0.0 0.0
0.0 0.0
0.0
0.0 0.0
0.0 0.0
0.0
2.0 0.0
1.0 2.0
3.0
8.5 0.0
7.5 7.5
THU
Exist New
2.5 0.0
2.5 0.0
2.5
3.0* 0.0
5.0* 2.0
7.0*
1.5 0.0
0.0 2.5
2.5
0.0 0.0
0.0 1.0
1.5
0.0 0.0
0.0 0.0
0.0
0.0 0.0
0.0 0.0
0.0
0.0 0.0
0.0 0.0
0.0
3.0 0.0
1.0 2.0
3.0
10.0 0.0
8.5 7.5
* Non-prime ice time included:
•
HAEP: Has 2 hours/week total ..
(One on Tuesday and one on Thursday)
Developmental: All hours are non-prime.
Lessons: All Monday hours are non-prime .
•
FRI
Exist New
2.5 0.0
2.5 0.0
2.5
2.0 0.0
2.0 3.0
5.0
0.0 0.0
0.0 1.5
1.5
0.0 0.0
0.0 1.5
1.5
0.0 0.0
0.0 0.0
0.0
3.0* 0.0
3.0* 0.0
3.0*
3.0 0.0
3.0 0.0
3.0
0.0 0.0
0.0 0.0
0.0
10.5 0.0
1~ rt G.O ~u.u
SAT TOTALS COMBINED
Exist New Exist New TOTALS
0.0 0.0 12.5
0.0 0.0 10.0 2.5
0.0 12.5
5.0 0.0 29.0*
4.0 12.0 34.0* 36.0
16.0 70.0*
0.0 0.0 3.0
0.0 0.0 2.5 6.5
0.0 9.0
0.0 0.0 0.0
0.0 0.0 1.0 5.5
0.0 6.5
3.0 0.0 ,.5.0
4.0 0.0 0.0 0.0
4.0 6.0
0.0 0.0 6.0*
0.0 0.0 6.0:1c 0.0
0.0 6.0*
6.0 0.0 12.0
6.0 0.0 9.0 3.0
6.0 12.0
0.0 0.0 13.0
0.0 0.0 7.0 9.0
0.0 16.0
--------------------
14.0 0.0 80.5* 138.0*
14.0 12.0 75.[, 62.5
•
•
•
•
HAEP anc EPFSC hnalysis
Existing and Pr-oPJSed Ice Tine I-r..urs:
Group
t-".AEP
EFFSC
E:'.istinq hour-s/week
29.00 hr-s (27.0 pr-ime)
3.00 hr-s (all pr-ime)
Weekday /Weekend Ccmpariscns:
Cur-r-ent: Weekdav
HAEP 16.00 hr-s (14.0 prime)
EFFSC 3.00 hr-s
Proposed: Weekda:i
HAEP 33.00 hrs (31.0 pr-ime)
EFFSC 9.00 hr-s
Existing Rink/New Olympic Rink Cornpar-isons:
Curr-ent:
HAEP
EPFSC
Proposed:
HAEP
EFFSC
Existing Rink
29.00 hr-s(2.0 non-pr-ime)
3.00 hr-s
E~'.istino Rink
34.00 hrs (2.0 ncn--pr-ime)
2.50 hr-s
Pr-·::;cosed hours/week
70.~) hr-s (2.0 non-pr-ime)
9.00 hr-s
~l!eeke!""1d
13.00
None
Weekend
37.00
None
r-equested
New Rink
f\I/A
N/A
New Rink
30.00 hr-s
6.S0 hr-s
Total
29.0 (2.0 non-pr-ime)
3.00 hr-s
Total
70.00 (2.0 non-prime)
9.00 hr-s
Tctal
29.0 (2.0 non-pr-ime)
3.0 hr-s
Total
70.0 hr-s(2 non-prime)
9.0 hr-s
JOSS
MEMORANDUM:
Parks, Recreation and Natural Resources Commission
THROUGH: Robert A. Lambert, Director of Parks, Recreation and Natural Resources
FROM: Elyce Kastigar, Recreation Supervisor for Aquatics and Fitness (.C:(
DATE: September 11, 1992
SUBJECT: Request from the Foxjets Swim Club for Additional Pool Rental at the Community Center
REQUEST:
The Foxjets Swim Club has requested additional pool space to expand their current scheduled practice hours
at the Community Center. The requested space is listed below:
Monday/Wednesday 8:00-8:30 p.m.
Tuesday/Thursday 7:30-8:00 p.m.
Tuesday/Thursday 8:00-8:30 p.m.
BACKGROUND:
4 lanes yards
1 additional lane for 4 lanes yards
4 lanes yards
_Uring January of this year, the Foxjets requested additional space to accommodate the growing demands of
eir team in recent years. The Foxjets again are requesting additional space to accommodate their team
members. The request listed above occurs during public open swim hours, Monday/Wednesday -8:00-9:30
p.m. and Tuesday/Thursday -7:30-9:30 p.m.
RECOl\1MENDATION:
Based on the current pool schedule and the minimal use by the public during open swim hours, the aquatics
program can accommodate the increased needs of the Foxjets Swim Club while serving the public during open
swim hours. In providing the Foxjets with additional space, the Community Center will generate additional
revenue during times when the pool has had minimal use.
FUTURE CONSIDERATIONS:
Staff is continuing to assess the aquatics program and the utilization of pool space to best meet the needs and
interests of the entire community.
At the completion of the aquatics program assessment, staff will report to the Parks, Recreation and Natural
Resources Commission with rec?mmendations for future pool utilization and any proposed scheduling changes.
EK:mdd/fox/elyce
Laurie Helling, Manager Recreation Services
Tad Hauck, Foxjets Head Coach
Unapproved Minutes -PRNRC
Monday, September 21, 1992
B.
Commission members then questioned staff as per the need for the trail. Lambert
replied that the trail has been in disrepair since the late 1970's and the property
owners in the neighborhood have been unwilling to form an association and repair
the trail; therefore, it is his opinion that the trail is apparently not needed or
wanted by the neighborhood. In the past, the City Council has rejected City
acquisition and maintenance of the trail, unless the trail is brought up to City
standards. City staff believe the existing trail condition is a liability concern for
the adjacent property owners and concur with the request to allow the subdivision
of the outlot and the removal of the trail by the adjacent property owners.
MOTION: Hilegman moved, seconded by Kube-Harderwijk, to recommend the
City Council approve the subdivision of Outlot A as per the property owners
request. Motion passed 5-0.
Request from Foxjet Swim Club -Lambert referred to the September 11, 1992
memorandum from Elyce Kastigar, Recreation Supervisor for Aquatics. Lambert
explained that the Foxjet's program continues to grow and they need additional
pool time in order to accommodate the 170 children presently in the program.
Their request is to share lane space with the open swim time. City staff concur
with this request, due to the light attendance of the open swim time in the evening
hours. Lambert indicates that with this request the Foxjets will be using four
lanes until 8:30 p.m., and the open swim will be restricted to the remaining four
lanes and the diving well. This will easily accommodate the 25-30 people that
generally use the open swim period at that time.
Vanderploeg questioned whether or not the City should begin charging a prime
time rate and non prime time rate in order to encourage the Foxjets to use later
hours. Lambert replied that the Foxjets are already paying more per hour than
most other swim clubs in the state and that most of their swimmers are
elementary or junior high age children that probably would elect not to swim if
they were required to practice after 8:30 or 9:00 p.m.
MOTION: Bowman moved, seconded by Hilgeman, to approve the Foxjet
request to expand their current scheduled practice hours at the Community
Center. Motion passed 5-0.
C. Letter from Minnesota Shade Tree Advisory Committee -Lambert indicated that
this was an information item only.
V. DEVELOPMENT PROPOSALS -None
2
•
•
•
-------------------------------
•
•
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-221
DECLARING FINDING OF NEED FOR AN ON-GRADE CROSSING OF THE
HENNEPIN COUNTY REGIONAL RAILROAD CORRIDOR AT THE POINT OF
INTERSECTION WITH THE EXISTING CANDLEWOOD PARKWAY FROM THE
SOUTH AND PROPOSED EXTENSION OF CANDLEWOOD PARKING TO THE
NORTH AS SHOWN IN THE PRELIMINARY PLAT OF THE FAIRFIELD WEST
SUBDIVISION
WHEREAS, a crossing will improve emergency vehicle access to the residential
neighborhoods on both sides of the rail corridor; and
WHEREAS, a connection as proposed is necessary to provide adequate resident
circulation between neighborhoods; and
WHEREAS, on-grade crossing can be designed so as not to conflict with corridor use;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EDEN PRAIRIE, that an on-grade crossing is required for the proposed
development known as Fairfield West.
ADOPTED by the City Council of the City of Eden Prairie this 6th day of October,
1992.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
•
•
•
-MEMORANDUM-
TO: Mayor and City Council
THROUGH: Carl Jullie, City Manager
FROM: Alan Gray, P.E., City Engineer
DATE: September 30, 1992
SUBJECT: July 1, 1992 Storm Analysis
I.C.52-269
On August 4, 1992, by Resolution No. 92-153, the City Council authorized a
feasibility study of three segments of the City's storm drainage system where
structures were damaged during the rain event of July 1, 1992. We have since
been advised of an additional damage site. Lot 12, Block 1, Olympic Hills 4th
Addition, at the north end of Spoon Ridge backs up to Olympic Hills Golf
Course. A significant watershed from the golf course must drain through a 12"
storm sewer from the rear yard area of Lot 12. During the storm event of July
1, ponding levels in the rear yard reached the walkout level of the home and
damage was incurred in the lower level.
Staff recommends adding the evaluation of this site to the feasibility study
authorized by Council on August 4, 1992.
ADG:ssa
l~etS9
•
•
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-222
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 52-271 -1992 Lime Sludge Removal
bids were received, opened and tabulated according to law. Those bids received are shown on
the attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to
MAX JOHNSON TRUCKING COMPANY
as the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract
with Max Johnson Trucking Company in the name of the City of Eden Prairie in the
amount of $138,250 in accordance with the plans and specifications thereof approved by
the Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on October 6, 1992 ..
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
-MEMORANDUM-
TO: Mayor Tenpas and City Council
THROUGH: Eugene A. Dietz, Director of Public Works
FROM: Mary Krause, Project Engineer ~
DATE: September 30, 1992
SUBJECT: I.C.52-271
1992 Lime Sludge Removal and Disposal
Award of Contract
Bids were received and opened at 10:00 a.m. on Thursday, September 24, 1992 for 1992 Lime
Sludge Removal and Disposal. The bids are tabulated as follows:
Max. Johnson Trucking $138,250.00
Danner Trucking $154,875.00
G .M.H. Asphalt $190,400.00
Rehbein, Inc. $205,625.00
The proposal submitted by Max. Johnson Trucking includes the disposal of the removed sludge
on agricultural land in accordance with the specifications. The distribution of lime sludge on
agricultural lands requires a license from the Minnesota Department of Agriculture. Permits
and/or licenses may also be required from other county or local agencies.
It is recommended that the Council award I.C. 52-271 to Max. Johnson Trucking in the amount
of $138,250.00 conditional on Max. Johnson Trucking obtaining all licenses and/or permits
applicable.
MK:ssa
Dsk:CC.92-222
•
•
•
•
•
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-223_
A RESOLUTION APPROVING FINAL PLAT OF
BLUFFS EAST 10TH ADDITION
WHEREAS, the plat of Bluffs East 10th Addition has been submitted in a 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 ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Bluffs East 10th Addition is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated
September 29, 1992.
B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-
month maximum time elapse between the approval date of the preliminary plat
and filing of the final plat as described in said engineer's report.
C. That the City Clerk is hereby directed to supply a certified copy of this
Resolution to the owners and subdivision 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 compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
MEMORANDUM
TO: Mayor Tenpas and City Council members •
THROUGH: Alan D. Gray, City Engineer
FROM:
DATE:
Jeffrey Johnson, Engineering TechniciaA \ .
September 29,1992 VJ
SUBJECT: Final Plat Approval of Bluffs East 10th Addition
PROPOSAL: Hustad Development and Creek Knolls Limited Partnership are requesting City Council approval
of the final plat of Bluffs East 10th Addition. Located west of County Road 18 and south of Bluff Road,
the plat contains 12.3 acres to be divided into 11 single family lots, 5 outlots, and right-of-way dedication
for street purposes. This proposal is a replat of Creek Knolls Addition.
HISTORY: The preliminary plat was approved by the City Council August 20, 1991 per Resolution No. 91-
188.
Second Reading of Ordinance No. 25-91-PUD-8-91, Zoning District Change from RI-22 to RI-13.5 and
Planned Unit Development District Review, was finally read and approved at the City Council meeting
held September 11, 1992.
The Developer's Agreement referred to within this report was executed September 11, 1992. •
VARIANCES: A variance will be necessary from City Code 12.20 Subd. 2.A. waiving the six-month maximum
time elapse between the approval date of the preliminary plat and filing of the final plat. All other
variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS: All municipal utilities, roadways and walkways necessary to serve this project
are currently in the final stages of construction under an improvement contract petitioned for by the
developer.
As part of the storm sewer system within this project, there is a catch basin and ponding area within the
rear lots of Block 2. Prior to release of the final plat the plat should be revised to include drainage and
utility easements over the calculated 100-year flood elevation of a ponding area.
PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement.
RECOMMENDATION: Recommend approval of the final plat of Bluffs East 10th Addition subject to the
requirements of this report, the developer's agreement, and the following:
JJ:ssa
cc:
1. Receipt of street lighting fee in the amount of $3,564
2. Receipt of engineering fee in the amount of $440
3. Revision of plat to include drainage and utility easement over ponding area.
Beth Simonsted, Husted Development
Jeff Lingren, Hedlund Engineering •
•
•
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-224
A RESOLUTION APPROVING FINAL PLAT OF
BLUFFS EAST 13TH ADDITION
WHEREAS, the plat of Bluffs East 13th Addition has been submitted in a 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 ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Bluffs East 13th Addition is approved upon compliance
with the recommendation of the City Engineer's report on this plat dated
September 30, 1992.
B. That the City Clerk is hereby directed to supply a certified copy of this
Resolution to the owners and subdivision of the above named plat .
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
:.lot)/
MEMORANDUM
TO: Mayor Tenpas and City Council members
THROUGH: Alan D. Gray, City Engineer
FROM:
DATE:
SUBJECT:
Jeffrey Johnson, Engineering TechnicianA~.
September 30, 1992 \D
Bluffs East 13th Addition
PROPOSAL: Creek Knolls Limited Partnership has requested City Council approval of the
final plat of Bluffs East 13th Addition. Located at Franlo Road and Fawns Way, the plat
contains 3.1 acres to be divided into 10 single family lots. This proposal is a replat of
Outlots B and C of Bluffs East 6th Addition.
HISTORY: The preliminary plat was approved by the Council September 15, 1992.
Second Reading of the rezoning ordinance and approval of the Developer's Agreement
is scheduled for the City Council meeting to be held October 6, 1992.
•
VARIANCES: All variance requests must be processed through the Board of Appeals. •
UTILITIES AND STREETS: All municipal utilities, roadways, and walkways necessary to
serve this project are currently in place.
PARK DEDICATION: The requirements for park dedication are covered in the Developer's
Agreement.
RECOMMENDATION: Recommend approval of the final plat of Bluffs East 13th Addition
subject to the requirement of this report, the Developer's Agreement and the following:
1. Receipt of street lighting fee in the amount of $1,404
2. Receipt of engineering fee in the amount of $400
JJ:ssa
cc: Beth Simonsted, Hustad Development
Creek Knolls Partnership
Jeff Lingren, Hedlund Engineering
•
•
•
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-225
A RESOLUTION APPROVING FINAL PLAT OF
FAIRFIELD WEST
WHEREAS, the plat of Fairfield West has been submitted in a 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 ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
A. Plat approval request for Fairfield West is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated September 30,
1992.
B. That the City Clerk is hereby directed to supply a certified copy of this
Resolution to the owners and subdivision of the above named plat.
C. That the Mayor and City Manager are hereby authorized to execute the certificate
of approval on behalf of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ArrEST: SEAL
John D. Frane, Clerk
MEMORANDUM
TO: Mayor Tenpas and City Councilmembers
THROUGH: Alan D. Gray, City Engineer
FROM:
DATE:
SUBJECT:
Jeffrey Johnson, Engineering Technician ~.
September 30, 1992· ~
Final Plat of Fairfield West (Resolution No. 92-225)
PROPOSAL: Centex Real Estate Corporation has requested City Council approval of the final plat
of Fairfield West. Located west of the existing Fairfield Development and adjacent to the
Hennepin County Regional Railway, the plat contains 90.17 acres to be divided into 28 single
family lots, one outlot and right-of-way dedication for street purposes. Outlot A contains
73.43 acres and consists of a portion of the Big Woods intended for a possible purchase by
a conservation group, and the remaining acreage is intended for future development purposes.
HISTORY: The preliminary plat was approved by the City Council September 15, 1992 per
Resolution No. 92-167.
•
Second Reading of Ordinance No. 29-92, Zoning District Change from Rural to Rl-13.5,
is scheduled for final approval October 6, 1992. •
The Developer's Agreement referred to within this report is scheduled for execution October
6, 1992.
VARIANCES: All variances other than the PUD waiver granted through the Developer's
Agreement must be processed through the Board of Appeals.
UTILITIES AND STREETS: All public utilities, streets, and walkways will be installed
throughout this project in conformance with the requirements of City Code and the
Developer's Agreement.
BONDING: Financial security for the installation of all public improvements must be provided
prior to release of the final plat.
PARK DEDICATION: The requirements for park dedication are covered in the Developer's
Agreement.
RECOMMENDATION: Recommend approval of the final plat for Fairfield West subject to the
requirements of the Developer's Agreement, this report, and the following:
JJ:ssa
1.
2.
3.
Receipt of street sign fee in the amount of $654.00
Receipt of street lighting fee in the amount of $4,266.00
Receipt of engineering fee in the amount of $1,120.00
cc: Dan Blake, Centex Corporation
Westwood Engineering
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 30-92-PUD-7-92
Cascade Townhomes
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND
WITHIN ONE ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN THE
DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally
described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be amended within the RM-6.5
Zoning District and be placed in the Planned Unit Development 7-92-RM-6.5 District (hereinafter "PUD 7-92-
RM-6.5").
Section 3. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of October 6, 1992, entered into between Sunset Homes Corporation, a Minnesota
•
orporation, and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain supplement
the Developer's Agreement, dated as of October 6, 1992, entered into between Tandem Properties, and the
City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms
and conditions of PUD 7-92-RM-6.5, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 7-92-RM-6.5 is not in conflict with the goals of the Comprehensive Guide Plan of the City.
B. PUD 7-92-RM-6.5 is designed in such a manner to form a desirable and unified environment
within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are
contained in PUD 7-92-RM-6.5 are justified by the design of the development described therein.
D. PUD 7-92-RM-6.5 is of sufficient size, composition, and arrangement that its construction,
marketing, and operation is feasible as a complete unit without dependence upon any subsequent
unit.
Section 5. The proposal is hereby adopted and the land shall be, and hereby is amended within the
RM-6.5 Zoning District and shall be included hereafter in the Planned Unit Development 7-92-RM-6.5 District,
and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1,
ebparagraph B, shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are her.
adopted in their entirety by reference, as though repeated verbatim herein. :0 :
Section 7. 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 1st day of
September, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council
of said City on the 6th day of October, 1992.
ATIEST:
John D. Frane, City Clerk Douglas B. Tenpas, Mayor
PUBLISHED in the Eden Prairie News on _______________ _
•
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MlNNFSOTA
RESOLUTION NO. 92-214
A RESOLUTION APPROVING'THE SUMMARY
Cascade Townhomes
OF ORDINANCE NO. 30-92-PUD-7-92 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 30-92-PUD-7-92 was adopted and ordered published at a regular meeting
of the City Council of the City of Eden Prairie on the 1st day of September, 1992.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 30-92-PUD-7-92, which is attached hereto, is
approved, and the City Council finds that said text clearly informs the public of the intent and effect of said
ordinance.
B. That said text shall be published once in the Eden Prairie News in a body type no smaller than
non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07.
• C. That a printed copy of the Ordinance shall be made available for inspection by any person during
regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted
in the City Hall.
D. That Ordinance No. 30-92-PUD-7-92 shall be recorded in the ordinance book, along with proof
of publication required by paragraph B herein, within 20 days after publication.
ADOPTED by the City Council on October 6, 1992.
ATTEST: Douglas B. Tenpas, Mayor
John D. Frane, City Clerk
•
I~O'lO
Cascade Townhomes
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 30-92-PUD-7-92
:-.
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND
WITHIN ONE ZONING DISTRICT, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN THE
DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPfER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary; This ordinance allows amending land located at Dell Road and Cascade Drive,
within the RM-6.S District, subject to the terms and conditions ofa developer's agreement. Exhibit A, included
with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Is/ John D. Frane
City Clerk
PUBLISHED in the Eden Prairie News on
Is/Douglas B. Tenpas
Mayor
----------------------------------
(A full copy of the text of this Ordinance is available from City Clerk.)
~ull
•
•
Exhibit A
-Legal Description
Cascade Townhomes
Outlot C, Jamestown on Eden Prairie, Hennepin County, Minnesota.
-
-
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #92-215
A RESOLUTION GRANTING SITE PLAN APPROV AL
FOR CASCADE TOWNBOl\1ES
Cascade Townhomes
...
WHEREAS, Sunset Homes Corporation has applied for site plan approval of Cascade Townhomes on
6.35 acres for construction of 20 multi-family units on property located on Dell Road and Cascade Drive,
currently zoned RM-6.5; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 10,
1992, Planning Commission meeting and recommends approval of said site plan; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its September 1,
1992, meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE, that site plan approval be granted to Cascade Townhomes for Sunset Homes Corporation,
for construction of 20 multi-family units, based on plans dated August 28, 1992, subject to the following
conditions:
A. Developer agrees to notify City and Watershed District at least 48 hours in advance of any grading'
the property.
B. Prior to issuance of any grading permit on the property, Developer shall stake the construction limits
of the property with snow fencing.
C. Prior to building permit issuance on the property, Developer shall submit to the City, and obtain the
City'S approval of, a mechanical equipment screening plan, to be implemented by Developer upon
receipt of City's approval.
D. Prior to issuance of any building permit on the property, Developer shall pay the appropriate cash park
fee.
ADOPfED by the City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST: • John D. Frane, City Clerk
)013
• DEVELOPER'S AGREEMENT
CASCADE TOWNHOMES
THIS AGREEMENT, made and entered into as of October 6, 1992, by Sunset Homes, a Minnesota
Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 60 acres,
Planned Unit Development District Review on 6.35 acres, Zoning District Amendment within the RM-6.5
Zoning District on 6.35 acres with waivers, Site Plan Review of 6.5 acres and Preliminary Plat of 6.35 acres
into 18 lots and 3 outlots for construction of 18 townhome units, situated in Hennepin County, State of
Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage
hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No. 30-92-PUD-7-92 , Developer
.ovenants and agrees to construction upon, development, and maintenance of said Property as follows:
•
1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and
approved by the City Council on September 1, 1992, and attached hereto as Exhibit B, subject
to such changes and modifications as provided herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
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. STREET, UTll..ITY, EROSION CONTROL, PLANS: Prior to release by the City of any
final plat for the Property, Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm
sewer, and erosion control for the Property.
Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those
improvements listed above in said plans, as approved by the City Engineer, in accordance with
Exhibit C, attached hereto .
4.
5.
6.
7.
8.
9.
10.
11.
LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction
or development on the Property, Developer agrees to apply to the City Engineer, and obtain ~
City Engineer's approval of a land alteration permit for the Property. As part of said lan~
alteration permit, Developer agrees to submit for review and receive the Planning Director's
approval of a tree replacement plan for 116 caliper inches.
REVISED LANDSCAPE PLAN: Prior to Building Permit issuance, Developer agrees to
submit for review and receive the Planning Director's approval of a revised landscape plan with
31 additional caliper inches.
STORM WATER DRAINAGE PLAN: Prior to the issuance of a land alteration permit,
Developer agrees to submit for review and receive the City Engineer's approval of a revised
storm water drainage plan which directs the majority of storm water runoff to Cascade Drive.
UTILITIES: Prior to the release of the final plat, Developer agrees to submit for review and
receive the City Engineer's approval of a revised utility plan which provides for private utilities
on site and fire hydrants within City right-of-way.
SIDEW ALKS AND TRAILS: Prior to issuance of any permit for grading or construction on
the property, Developer shall submit for review and receive the Director of Parks, Recreation
and Natural Resources approval of detailed plans for a sidewalk to be constructed on the south
side of Cascade Lane. Concurrent with construction or development of the Property Developer
agrees to construct a 5 foot wide concrete sidewalk along the southside of Cascade Drive't:a
approved by the Director of Parks, Recreation and Natural Resources and in accordance with ... ~
terms and conditions of Exhibit C, attached hereto.
WETLAND DELINEATION: Prior to the issuance of a land alteration permit Developer shall
provide an accurate wetland delineation approved by the Riley Purgatory Creek Watershed
District.
BUILDING ARCHITECTURE: Prior to the issuance of any Building Permit, Developer agrees
to submit for review and receive the Planning Director's approval of an architectural diversity
plan depicting 3 different architectural elevations and color schemes.
PLANNED UNIT DEVELOPMENT WAIVERS: City hereby grants the following waivers
to the City code requirements within the RM-6.5 Zoning District through the Planned Unit
District Review for the Property and incorporates said waivers as part of PUD-7-92.
A. Waiver from the front yard setback of 30 feet to 20 feet for building.
B. Waiver from the front yard setback of 30 feet to 10 feet for parking.
•
•
I.
II.
DEVELOPER'S AGREEMENT
EXHIBIT C
Prior to release of any building permit, Developer shall submit to the City Engineer for approval two
copies of a development plan (l" = 100' scale) showing existing and proposed contours, proposed
streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and
grades for sanitary sewer, watermain, and storm sewer, l00-year flood plain contours, ponding areas,
tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of
walks, trails, and any property deeded to the City.
Developer shall submit detailed construction and storm sewer plans to the Watershed District for review
and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the property required by City Code 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 $840.00 per unit/acre. The amount to be paid by Developer
shall be increased or decreased to the extent that the City Code is 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. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the
date hereof, Developer, for itself, its successors, and assigns, shall not oppose rezoning of said property
to Rural.
V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors,
and their assigns of the property herein described.
VI. Developer represents and warrants that they own fee title to the property free and clear of mortgages,
liens, and other encumbrances, except:
TANDEM CORPORATION
With respect to any interest in all portions of the Property which Developer is required, pursuant to this
Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and
warrants as follows:
A. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise
allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste,
pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42
U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes,
pollutants, and contaminants hereafter referred to as "Hazardous Substances");
B. That to the best of Developer's knowledge, Developer has not allowed any other person to use,
employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Property, any
Hazardous Substances;
C. That to the" best of Developer's knowledge, no previous owner, operator or possessor of ~ .....
Dedicated Property, nor anyone else with access to the Dedicated Property used, employ~
deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated Property any
Hazardous Substances;
Developer agrees to indemnify and hold harmless City, its successors and assigns, against any and all
loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due
to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to
have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
VIT. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and
Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting
the development of the property. Developer agrees to develop the property in accordance with the
requirements of all applicable City Code requirements and City Ordinances.
VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street
lighting on the public streets adjacent to the property (including installation costs, if any, as determined
by electrical power provided), engineering review, and street signs.
IX. City shall not issue any building permit for the construction of any building, structure, or improvement
on any land required to be subdivided until all requirements listed above have been satisfactorita
addressed by Developer. •
X. Developer shall submit detailed watermain, fire protection, and emergency vehicle access plans to the
Fire Marshall for review and approval. Developer shall follow all the recommendations of the Fire
Marshall.
XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated
in this agreement are special, unique, and of an extraordinary character, and that, in the event that
Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein,
City may be without an adequate remedy at law. Developer agrees, therefore, that in the event
Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City
may, at its option, institute and prosecute an action to specifically enforce performance of such covenant.
No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and
shall be in addition to every other remedy. The election of anyone or more remedies shall not
constitute a waiver of any other remedy.
XII. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be
void and of no force or effect to the extent necessary to bring such term within the provision of any such
applicable law or laws, and such terms as so modified and the balance of the terms of this agreement
shall be enforceable.
•
:~Ol'J
XIll . •
•
•
Developer shall, prior to the commencement of any improvements, provide written notice to Paragon
Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication
Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shan be
sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota, 55411.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as
of the day and year aforesaid. •
SUNSET HOMES CITY OF EDEN PRAIRIE
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this __ day of , 19_, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this __ day of , 19_, by
•
___________ , the of Sunset Homes, a Minnesota Corporation,
on behalf of the corporation.
Notary Public
•
•
--------------------------------------------
OWNERS' SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
TANDEM CORPORATION
AND THE CITY OF EDEN PRAIRIE
CASCADE TOWNHOMES
THIS AGREEMENT, made and entered into as of October 6, 1992, by and between Tandem
Corporation, a Minnesota corporation, hereinafter referred to as "Owner, " and the CITY OF EDEN PRAIRIE,
hereinafter referred to as "City":
For, and in consideration of, and to induce City to adopt Ordinance No. 30-92-PUD-7-92, amending
the existing RM-6.5 zoning of the Property owned by Owner, as more fully described in that certain
Developer's Agreement entered into as of October 6, 1992, by and between Sunset Homes, a Minnesota
Corporation, and City, Owner agrees with City as follows:
•
•
1.
2.
If Sunset Homes, fails to proceed in accordance with the Developer's Agreement within 24
months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural
District.
This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns
of the Property.
3. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring
that such transferee agree to the terms of the Developer's Agreement.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed ~
of the day and year aforesaid. .,
TANDEM CORPORATION
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this __ day of , 19_, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this __ day of , 19_, by
•
_________ , the of Tandem Corporation, a Minnesota Corporation,
on behalf of the corporation.
Notary Public
•
~hibitA
Legal Description
Cascade Townhomes
Outlot C, Jamestown on Eden Prairie, Hennepin County, Minnesota .
•
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 29-92
Fairfield West
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAYfER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF TIlE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally
described in Exhibit A attached hereto and made a part hereof.
SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District
and be placed in the Rl-13.5 District.
SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from
the Rural District and shall be included hereafter in the RI-13.5 District, and the legal descriptions ofland in
each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended
.ccordinglY.
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted
in their entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of October 6, 1992, entered into between Centex Homes, a Corporation, and the City of
Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Tandem Properties, a
Partnership, and the City of Eden Prairie, dated as of October 6, 1992, which Agreement and Owner's
Supplement are hereby made a part hereof.
SECTION 6. 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
August, 1992 and continued on the 15th of September, 1992, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the 6th day of October, 1992.
ATTEST:
John D. Frane, City Clerk Douglas B. Tenpas, Mayor • PUBLISHED in the Eden Prairie News on _____________ _
Exhibit A
Legal Description
Fairfield West •
Preliminary Plat
That part of the Southwest Quarter of the Southeast Quarter of Section 17, Township 116, Range 22, Hennepin
County, Minnesota, lying northwesterly of the northwesterly line of the Hennepin County Regional Railroad
~uthority right of way which also lies South of the North 16.50 feet thereof.
AND:
The South 1106.7 feet of the South Half of the Southwest Quarter of Section 17, Township 116, Range 22,
Hennepin County, Minnesota, lying northwesterly of the northwesterly line of the Hennepin County Regional
Railroad Authority right of way.
AND:
The North Half of the North Half of the Northwest Quarter of Section 20, Township 116, Range 22, Hennepin
County, Minnesota, lying northwesterly of the northwesterly line of the Hennepin County Regional Railroad
Authority right of way.
Rezoning
T~t part of the Southwest Quarter of Section 17, Township 116, Range 22 and
the Northwest Quarter of Section 20, Township 116, Range 22, Hennepin County,
Minnesota, described as follows: •
Commencing at the southeast corner of said Southwest Quarter of Section
17; thence South 87 degrees 38 minutes 42 seconds West, assumed bearing,
along the south line of said Southwest Quarter, a distance of 918.77
feet to the northwesterly line of the Hennepin County Regional Railroad
Authority right of way and the act~al point of beginning; thence South
43 degrees 23 minutes 00 seconds West, along said northwesterly right of
way line, a distance of 762.28 feet; thence North 46 degrees 37 minutes
00 seconds West, a distance of 25.06 feet; thence northwesterly along a
tangential curve concave to the northeast having a central angle of 44
degrees 49 minutes 51 seconds and a radius of 555.00 feet for an arc
distance of 434.26 feet; thence North 83 degrees 02 minutes 45 seconds
East, not tangent to said curve, a distance of 60.27 feet; thence north-
easterly along a non-tangential curve concave to the southeast having a
central angle of 19 degrees 49 minutes 06 seconds and a radius of 495.00
feet for an arc distance of 421.22 fe~ the ~~ord of said curve bears
North 08 degrees 45 minutes 08 seconds East; thence North 86 degrees 49
minutes 31 seconds East, not tangent to said curve, a distance of 153.72
feet; thence North 25 degrees 14 minutes 16 seconds East, a distance of
115.19 feet; thence North 21 degrees 19 minutes 18 seconds East, a
distance of 112.84 feet; thence North 19 degrees 29 minutes 51 seconds
West, a distance of 116.62 feet; thence North 01 degrees 53 minutes 49
seconds West, a distance of 302.15 feet; thence North 88 degrees 06
minutes 11 seconds East, a distance of 1088.24 feet to said northwester-
ly line of said Hennepin County Regional Railroad Authority right of
way; thence South 43 degrees 23 minutes 00 seconds West, along said
northwesterly line, a distance of 950.37 feet to the point of beginning.
Containing 16.60 Acres.
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-176
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 29-92 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
Fairfield West
WHEREAS, Ordinance No. 29-92 was adopted and ordered published at a regular meeting of the City
Council of the City of Eden Prairie on the 4th day of August, 1992 and continued on the 18th day of August,
1992.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCa OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 29-92, which is attached hereto, is approved,
and the City Council finds that said text clearly informs the public of the intent and effect of sai~ ordinance.
B. That said text shall be published once in the Eden Prairie News in a body type no smaller than
non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07.
• C. That a printed copy of the Ordinance shall be made available for inspection by any person during
regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted
in the City Hall.
D. That Ordinance No. 29-92 shall be recorded in the ordinance book, along with proof of
publication required by paragraph B herein, within 20 days after publication.
ADOPTED by the City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MlNNFSOTA
ORDINANCE NO. 29-92
FAIRFIELD WEST •
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located West of Fairfield, south of Scenic
Heights Road #212 from the Rural to Rl-13.5 District, subject to the terms and conditions of a developer's
agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date:
ATTEST:
lsI John D. Frane
City Clerk
This Ordinance shall take effect upon publication.
IslDouglas B. Tenpas
Mayor
PUBLISHED in the Eden Prairie News on the ________ _
(A full copy of the text of this Ordinance is available from City Clerk.)
•
•
• DEVELOPER'S AGREEMENT
FAIRFIELD WEST
THIS AGREEMENT, made and entered into as of October 6, 1992, by Centex Real Estate
Corporation, a Nevada Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN
PRAIRIE, a municipal corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District Change from Rural to RI-13.5 on 16.6
acres and Preliminary Plat of approximately 80.00 acres into 28 lots, 1 outlot and Road Right-of-Way for
construction of Fairfield West, situated in Hennepin County, State of Minnesota, more fully described in Exhibit
A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No. 29-92 and approving the
preliminary plat of Fairfield West, Developer covenants and agrees to construction upon, development, and
maintenance of said Property as follows: •
•
1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and
approved by the City Council on September 15, 1992, and attached hereto as Exhibit B, subject
to such changes and modifications as provided herein.
2. EXHmIT C: Developer covenants and agrees to the performance and observance by Developer
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. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any
final plat for the Property, Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm
sewer, and erosion control for the Property.
Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those
improvements listed above in said plans, with exception of Scenic Heights Road as approved by
the City Engineer, in accordance with Exhibit C, attached hereto.
4. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction
or development on the Property, Developer agrees to apply to the City Engineer, and obtain the
City Engineer's approval of a land alteration permit for the Property.
5.
6.
7.
TREE LOSS: Tree loss as depicted on Exhibit B is 30% or 1219 inches. Total tree.
replacement required in accordance with City ordinance is 486 caliper inches.
TREE REPLACEMENT: The proposed tree replacement within the Fairfield West project as
depicted on Exhibit B is 360 caliper inches. Since total tree replacement required is 486 caliper
inches and only 360 caliper inches can be replaced with Fairfield West and 126 caliper inch
credit will be applied to additional trees planted beyond tree replacement required in Fairfield
Additions 1-10.
TREE PROTECTION PROGRAM: Developer has submitted a Tree Preservation program as
depicted on Exhibit B. As part of this program developer agrees as follows:
a. A scenic conservation easement or restrictive covenant shall be required at a distance of
25 feet from the back of each house on lots 1-8, 26, 27, 28 Block 1. This will preserve
trees in the rear yards and would allow for deck or three season porch expansion. Said
easement language is attached as part of Exhibit D.
b. Placement of snow fencing according to the attached grading plan as depicted on Exhibit
B.
c. The Certificate of Survey provided at the time of building permit issuance shall indicate
existing and proposed grades, type of home to be built, detailed tree inventory, erosion
con~ol and construction fencing plan, location of dumpster, materials, and construction.
eqUIpment.
d. Prior to grading permit issuance, provide a security in the amount equal to tree
replacement based upon a worse case scenario at 46 % tree loss.
8. WETLAND DELINEATION AND MITIGATION:
Prior to grading permit issuance, Developer shall provide approval from the Watershed District
of the wetland delineation and mitigation plan.
9. SIDEWALKS AND TRAILS:
Prior to issuance by City of any permit for grading or construction on the Property, Developer
shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the
Director's approval of detailed plans for sidewalks and trails to be constructed on the Property.
Said sidewalks and trails shall be constructed in the following locations:
A. A five-foot wide concrete sidewalk to be located Candlewood Parkway.
B. An eight-foot wide bituminous trail to be located at Candlewood Parkway, as depicted
in Exhibit B, attached hereto.
Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agr4
•
•
•
10.
to construct, or cause to be constructed, said sidewalks and trails, concurrent with street
construction on the Property, and in accordance with the terms and conditions of Exhibit C,
attached hereto, as depicted on Exhibit B.
TEMPORARY ROAD ACCESS TO MILLER PARK:
Prior to the release of the fmal plat, Developer or owner shall grant and sign an easement
agreement with the City for a temporary trail and road to be built by the City across future 212
right of way.
11. FUTURE DEVELOPMENT OF OUTLOT A:
Developer acknowledges that Outlot A as depicted on Exhibit B will not be developed prior to
May 1, 1993 in order to allow the land contained in the outlot to be purchased for purposes of
saving the woods.
DEVEWPER'S AGREEMENT
EXHIBITC • I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two
copies of a development plan (l" = 100' scale) showing existing and proposed contours, proposed
streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and
grades for sanitary sewer, watermain, and storm sewer, 1OO-year flood plain contours, ponding areas,
tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of
walks, trails, and any property deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review
and approval. Developer shall follow all rules and recommendations of said Watershed District.
ill. Developer shall pay cash park fees as to all of the property required by City Code 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 $840.00 per unit/acre. The amount to be paid by Developer
shall be increased or decreased to the extent that the City Code is 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. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the
date hereof, Developer, for itself, its successors, and assigns, shall not oppose rezoning of said property
to Rural.
V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successor!'
and their assigns of the property herein described.
VI. Developer represents and warrants that they are contract purchasers of the property from Tandem
Properties.
With respect to any interest in all portions of the Property which Developer is required, pursuant to this
Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and
warrants as follows:
A.
B.
To the best of the Developer's knowledge, Developer has not used, employed, deposited, stored,
disposed of, placed or otherwise allowed to come in or on the Dedicated Property, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 11SB.OI, et. seq.
(such substances, wastes, pollutants, and contaminants hereafter referred to as "Hazardous
Substances");
That to the best of Developer's knowledge, Developer has not allowed any other person to use,
employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Property, any
Hazardous Substances; •
• C . That to the best of Developer's knowledge, no previous owner, operator or possessor of the
Dedicated Property, nor anyone else with access to the Dedicated Property used, employed,
deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated Property any
Hazardous Substances;
Developer agrees to indemnify and hold harmless City, its successors and assigns, against any and all
loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due
to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to
have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives, provided however, nothing herein shall constitute an indemnity as to the City's own acts
or the acts of its employees, agents, contractors or representatives.
VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and
Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting
the development of the property. Developer agrees to develop the property in accordance with the
requirements of all applicable City Code requirements and City Ordinances.
VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street
lighting on the public streets adjacent to the property (including installation costs, if any, as determined
by electrical power provided), engineering review, and street signs. .IX. City shall not issue any building permit for the construction of any building, structure, or improvement
on any land required to be subdivided until all requirements listed above have been satisfactorily
addressed by Developer.
X. Developer shall submit detailed watermain, fire protection, and emergency vehicle access plans to the
Fire Marshall for review and approval. Developer shall follow all the recommendations of the Fire
Marshall.
XI.
XII.
•
Developer acknowledges that the rights of City performance of obligations of Developer contemplated
in this agreement are special, unique, and of an extraordinary character, and that, in the event that
Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein,
City may be without an adequate remedy at law. Developer agrees, therefore, that in the event
Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City
may, at its option, institute and prosecute an action to specifically enforce performance of such covenant.
No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and
shall be in addition to every other remedy. The election of anyone or more remedies shall not
constitute a waiver of any other remedy.
Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be
void and of no force or effect to the extent necessary to bring such term within the provision of any such
applicable law or laws, and such terms as so modified and the balance of the terms of this agreement
shall be enforceable .
XIII. Developer shall, prior to the commencement of any improvements, provide written notice to Paragon
Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communicati.
Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be
sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota, 55411.
•
•
IN WITNF.SS WHEREOF, the parties to this Agreement have caused these presents to be executed as
• the day and year aforesaid.
OWNERS CITY OF EDEN PRAIRIE
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this __ day of , 19_, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation .
•
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this __ day of , 19_, by __
____________ , the of Cent ex Real Estate Corporation, a Nevada
Corporation, on behalf of the corporation.
Notary Public
•
OWNERS' SUPPLEMENT TO
DEVEWPER'S AGREEMENT BETWEEN
TANDEM PROPERTIES
AND THE CITY OF EDEN PRAIRIE
FAIRFIELD WES.
THIS AGREEMENT, made and entered into as of October 6, 1992, by and between Tandem
Properties, a Minnesota Partnership, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE,
hereinafter referred to as "City":
For, and in consideration of, and to induce City to adopt Ordinance No. 29-92, changing the zoning of
the Property owned by Owner from the Rural District to the RI-13.5 District, as more fully described in that
certain Developer's Agreement entered into as of October 6, 1992, by and between Centex Real Estate
Corporation, a Nevada Corporation, and City, Owner agrees with City as follows:
1.
2.
3.
If Centex Homes, fails to proceed in accordance with the Developer's Agreement within 24
months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural
District.
This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns
of the Property.
If Owner transfers such Property. Owner sball obtain an agreement from the transferee reqUirinf'
that such transferee agree to the terms of the Developer's Agreement.
•
IN WITNFSS WHEREOF, the parties to this Agreement have caused these presents to be executed as
• the day and year aforesaid. .
TANDEM PROPERTIFS CITY OF EDEN PRAIRIE
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this __ day of , 19_, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
•
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this __ day of _______ , 19_, by
_____ , the of , a Minnesota
__________ , on behalf of the corporation.
Notary Public
•
, .
Exhibit A
Legal Description
Fairfield West •
Preliminary Plat
That part of the Southwest Quarter of the Southeast Quarter of Section 17, Township 116, Range 22, Hennepin
County, Minnesota, lying northwesterly of the northwesterly line of the Hennepin County Regional Railroad
Authority right of way which also lies South of the North 16.50 feet thereof.
AND:
The South 1106.7 feet of the South Half of the Southwest Quarter of Section 17, Township 116, Range 22,
Hennepin County, Minnesota, lying northwesterly of the northwesterly line of the Hennepin County Regional
Railroad Authority right of way.
AND:
The North Half of the North Half of the Northwest Quarter of Section 20, Township 116, Range 22, Hennepin
County, Minnesota, lying northwesterly of the northwesterly line of the Hennepin County Regional Railroad
Authority right of way.
Rezoning
T~at part of the Southwest Quarter of Section 17, Township 116, Range 22 and
the Nor~~west Quarter of Section 20, Township 116, Range 22, Hennepin County,
Minnesota, described as follows: •
Commencing at the southeast corner of said Southwest Quarter of Section
17; thence South 87 degrees 38 minutes 42 seconds West, assumed bearing,
along the south li~e of said Southwest Quarter, a distance of 918.77
feet to the northwesterly line of the Hennepin County Regional Railroad
Authority right of way and the act~al point of beginning; thence South
43 degrees 23 minutes 00 seconds West, along said northwesterly right of
way line, a distance of 762.28 feet; thence North 46 degrees 37 minutes
00 seconds West, a distance of 25.06 feet; thence northwesterty along a
tangential curve concave to the northeast having a central angle of 44
degrees 49 minutes 51 seconds and a radius of 555.00 feet for an arc
distance of 434.26 feet; thence North 83 degrees 02 minutes 45 seconds
East, not tangent to said curve, a distance of 60.27 feet; thence north-
easterly along a non-tangential curve concave to the southeast having a
central angle of 19 degrees 49 minutes 06 seconds and a radius of 495.00
feet for an arc distance of ~1 .22 fe~ the chord of said curve bears
North 08 degrees 45 minutes 08 seconds East; thence North 86 degrees 49
minutes 31 seconds East, not tangent to said curve, a distance of 153.72
feet; thence North 25 degrees 14 minutes 16 seconds East, a distance of
115.19 feet; thence North 21 degrees 19 minutes 18 seconds East, a
distance of 112.84 feet; thence North 19 degrees 29 minutes 51 seconds
West, a distance of 116.62 feet; thence North 01 degrees 53 minutes 49
seconds West, a distance of 302.15 feet; thence North 88 degrees 06
minutes 11 seconds East, a distance of 1088.24 feet to said northwester-
ly line of said Hennepin County Regional Railroad Authority right of
way; thence South 43 degrees 23 minutes 00 seconds West, along said
northwesterly line, a distance of 950.37 feet to the point of beginning.
Containing 16.60 Acres.
•
CONSERVATION/SCENIC EASEMENT -THIS EASEMENT AGREEMENT, madethis __ dayof ,1991, by and between
---------------------------------------, a , hereinafterreferred to as "grantor, "
and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City";
WHEREAS, Grantor is the fee owner of land located in Hennepin County, Minnesota, more fully
described in Exhibit A, attached hereto and made a part hereof, and said land hereinafter referred to as "the
Property"; and,
WHEREAS, Grantor has marketable title to the Property, free and clear of all liens, mortgage, and
encumbrances, except:
WHEREAS, Grantor has platted the Property into a subdivision entitled __________________ __
and,
WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, and to prohibit
certain destructive acts thereon, over that portion of the subdivision as described in Exhibit A, attached hereto;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by the parties as
follows: -I.
-
Grantor hereby conveys to City and its successors and assigns an easement in, under, on, and
over the conservancy/scenic easement area, hereinafter referred to as "the easement area," and
City hereby accepts such conveyance.
2. The following terms and conditions shall apply to the easement area:
A. The easement area shall be preserved predominantly in its natural condition. No trees,
shrubs, or other vegetation shall be planted upon the easement area and no trees, shrubs,
ot other vegetation shall be removed from the easement area without the prior written
consent of the City.
B. No building, road, sign, billboard, utility, or other man-made structure shall be placed
in the easement area without the prior written consent of City.
C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or
within the easement area without the prior written consent of the City.
D. No change in the general topography of the easement area landscape, including, but not
limited, to excavation, dredging, movement, or removal of soil, shall be allowed without
the prior written consent of the City.
E. The duration of the easement is perpetual.
3.
4.
5.
F. With respect to the easement area, Developer represents and warrants as follows:
I) That Developer has not used, employed, deposited, stored, disposed of, placed or-
otherwise allowed to come in or on the easement area, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec.
115B.Ol, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "Hazardous Substances");
2) That to the best of Developer's knowledge, Developer has not allowed any other
person to use, employ, deposit, store, dispose of, place or otherwise have, in or
on the easement area, any Hazardous Substances;
3) That to the best of Developer's knowledge, no previous owner, operator or
possessor of the easement area, deposited, stored, disposed of, placed, or
otherwise allowed in or on the easement area any Hazardous Substances;
Developer agrees to indemnify and hold harmless City, against any and all loss, costs, damage
and expense, including reasonable attorneys fees and costs, resulting from or due to the release
or threatened release of Hazardous Substances which were, or are claimed or alleged to have
been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed
to be located, in or on the easement area by Developer, its employees, agents, contractors or
representatives.
Grantor agrees to maintain the easement area subject to the provisions stated herein. -
This easement shall bind and inure to the benefit of the parties, their successors, and assigns.
Nothing contained herein shall impair any right of City now held or hereafter acquired to
construct or maintain public utilities in or on the easement area.
-
• IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as
of the day and year aforesaid.
OWNERS
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this __ day of , 19_, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation .
•
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this __ day of _______ , 19_, by
____ , the of , a Minnesota
__________ , on behalf of the corporation.
Notary Public
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 35-92
Bluffs East 13th Addition
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally
described in Exhibit A attached hereto and made a part hereof.
SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District
and be placed in the RM-6.5 District on .30 acres and Rezoning from Rural to RI-13.5 on 2.06 acres.
SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from
the Rural District and shall be included hereafter in the RM-6.5 District and RI-13.5, and the legal descriptions
of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and
.e amended accordingly.
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted
in their entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of October 6, 1992, entered into between Hustad Development Corporation, a Corporation,
and the City of Eden Prairie.
SECTION 6. 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 15th day of
September, 1992, and fmally read and adopted and ordered published at a regular meeting of the City Council
of said City on the 6th day of October, 1992.
ATTEST:
John D. Frane, City Clerk
.UBLISHED in the Eden Prairie Ne~s on ____________ _
/) I/JUf ,-/ J' , .:"l\ ~,
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-213
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 35-92 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
Bluffs East 13th Addition
:" •
WHEREAS, Ordinance No. 35-92 was adopted and ordered published at a regular meeting of the City
Council of the City of Eden Prairie on the 15th day of September, 1992.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 35-92, which is attached hereto, is approved,
and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance.
B. That said text shall be published once in the Eden Prairie News in a body type no smaller than
non-pareil, or six-point type, as defmed in Minnesota Statute, Section 331.07.
C. That a printed copy of the Ordinance shall be made available for inspection by any person dU.
regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be pos
in the City Hall.
D. That Ordinance No. 35-92 shall be recorded in the ordinance book, along with proof of
publication required by paragraph B herein, within 20 days after pUblication.
ADOPfED by the City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
•
• BLUFFS EAST 13TH ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 35-92
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located North of Franlo Road, west of
County Road 18 from the Rural to RM-6.5 District on .30 acres and from the Rural to RI-13.5 on 2.06 acres,
subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives
the full legal description of this property.
Effective Date:
• ATTEST:
lsI John D. Frane
City Clerk
This Ordinance shall take effect upon publication .
IslDouglas B. Tenpas
Mayor
PUBLISHED in the Eden Prairie News on the -----------------
(A full copy of the text of this Ordinance is available from City Clerk.)
•
Exhibit A
Legal Description
...
Bluffs East 13th Addition
Outlot B and C, Bluffs East 6th Addition
•
•
• DEVELOPER'S AGREEMENT
BLUFFS EAST 13TH
THIS AGREEMENT, made and entered into as of October 6, 1992, by Hustad Development
Corporation, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN
PRAIRIE, a municipal corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Low Density
Residentail to Medium Density Residential on .69 acres, PUD Concept Review on 186 acres, Zoning District
Change from Rural to RM 6.5 on .30 acres, Zoning District Change from Rural to RI-13.5 on 2.06 acres and
Preliminary Plat of 3.1 acres into 10 lots for construction of 8 single family homes and 2 twinhomes, situated
in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part
hereof, and said acreage hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No.35-92, Developer covenants .d agrees to construction upon, development, and maintenance of said Property as follows:
•
1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and
approved by the City Council on September 15, 1992, and attached hereto as Exhibit B, subject
to such changes and modifications as provided herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
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. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any
final plat for the Property, Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm
sewer, and erosion control for the Property.
Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those
improvements listed above in said plans, as approved by the City Engineer, in accordance with
Exhibit C, attached hereto .
4.
5.
LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction
or development on the Property, Developer agrees to apply to the City Engineer, and obtain.
City Engineer's approval of a land alteration permit for the Property. .
RI-13.S BUILDING ARCHITECTURE ON PROPOSED WT 1, BWCK 2: Prior to
building permit issuance, developer agrees to submit to and receive the Planning Director's
approval of exterior materials, colors and building elevations for the single family home of
prposed Lot 1, Block 2. Developer further agrees the architecture of the single family home
shall be similar to and compatible with the architecture of the adjacent twin homes on Fawns
Way.
Upon approval of the Director of Planning, Developer agrees to construct or cause to be
constructed said single family home on the property.
6. UTILITIES AND STORM SEWER: Prior to the release of the fmal plat developer shall
submit for review and receive the City Engineers approval of a revised utility and storm sewer
plan with additional catch basins along the southside of the twinhome next to the proposed single
family home.
Upon approval of the City Engineer, Developer agrees to construct or cause to be constructed
said utility and storm sewer improvements on the property.
•
•
'J10S
•
I.
II.
DEVELOPER'S AGREEMENT
EXHIBIT C
Prior to release of any building permit, Developer shall submit to the City Engineer for approval two
copies of a development plan (1" = 100' scale) showing existing and proposed contours, proposed
streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and
grades for sanitary sewer, watermain, and storm sewer, 100-year flood plain contours, ponding areas,
tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of
walks, trails, and any property deeded to the City.
Developer shall submit detailed construction and storm sewer plans to the Watershed District for review
and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the property required by City Code 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 $840.00 per unit/acre. The amount to be paid by Developer
shall be increased or decreased to the extent that the City Code is 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. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the
•
date hereof, Developer, for itself, its successors, and assigns, shall not oppose rezoning of said property
to Rural.
•
V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successors,
and their assigns of the property herein described.
VI. Developer represents and warrants that they own fee title to the property free and clear of mortgages,
liens, and other encumbrances.
With respect to any interest in all portions of the Property which Developer is required, pursuant to this
Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and
warrants as follows:
A. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise
allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste,
pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42
U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes,
pollutants, and contaminants hereafter referred to as "Hazardous Substances");
B. That to the best of Developer's knowledge, Developer has not allowed any other person to use,
employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Property, any
Hazardous Substances;
C. That to the best of Developer's knowledge, no previous owner, operator or possessor of tha
Dedicated Property, nor anyone else with access to the Dedicated Property used, employ~
deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated Property any
Hazardous Substances;
Developer agrees to indemnify and hold harmless City, its successors and assigns, against any and all
loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due
to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to
have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and
Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting
the development of the property. Developer agrees to develop the property in accordance with the
requirements of all applicable City Code requirements and City Ordinances.
VITI. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street
lighting on the public streets adjacent to the property (including installation costs, if any, as determined
by electrical power provided), engineering review, and street signs.
IX. City shall not issue any building permit for the construction of any building, structure, or improvement
on any land required to be subdivided until all requirements listed above have been satisfactoril ...
addressed by Developer. •
X. Developer shall submit detailed watermain, fire protection, and emergency vehicle access plans to the
Fire Marshall for review and approval. Developer shall follow all the recommendations of the Fire
Marshall.
XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated
in this agreement are special, unique, and of an extraordinary character, and that, in the event that
Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein,
City may be without an adequate remedy at law. Developer agrees, therefore, that in the event
Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City
may, at its option, institute and prosecute an action to specifically enforce performance of such covenant.
No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and
shall be in addition to every other remedy. The election of anyone or more remedies shall not
constitute a waiver of any other remedy.
XII. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be
void and of no force or effect to the extent necessary to bring such term within the provision of any such
applicable law or laws, and such terms as so modified and the balance of the terms of this agreement
shall be enforceable.
•
~lO{
.xm.
•
•
Developer shall, prior to the commencement of any improvements, provide written notice to Paragon
Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication
Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be
sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota, 55411.
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed a.s
of the day and year aforesaid.
HUSTAD DEVELOPMENT CORPORATION
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this __ day of , 19_, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
•
Notary Public
The foregoing instrument was acknowledged before me this __ day of , 19_, by
-----------, the of Hustad Development Corporation, a
Minnesota Corporation, on behalf of the corporation.
Notary Public
•
Exhibit A • Legal Description
Bluffs East 13th Addition
Outlot B and C, Bluffs East 6th Addition
•
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 32-91
Braxton Pond
AN ORDINANCE OF TIlE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
TIlE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally
described in Exhibit A attached hereto and made a part hereof.
SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District
and be placed in the RI-13.5 District.
SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from
the Rural District and shall be included hereafter in the Rl-13.5 District, and the legal descriptions of land in
each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended
.accordinglY.
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted
in their entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of October 2, 1992, entered into between Westar Properties, a Corporation, and the City
of Eden Prairie.
SECTION 6. 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 21st day of
January, 1992, and continued on February 4, 1992 and March 10, 1992 and finally read and adopted and
ordered published at a regular meeting of the City Council of said City on the 6th day of October, 1992.
ATTEST:
John D. Frane, City Clerk
.UBLISHED in the Eden Prairie Ne~s on ____________ _
J.1l J
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, :MINNESOTA
RESOLUTION NO. 92-216
A RESOLUTION APPROVING THE SU1\1MARY
OF ORDINANCE NO. 32-91 AND ORDERING THE
PUBLICATION OF SAID SU1\1MARY
BRAXTON POND •
WHEREAS, Ordinance No. 32-91 was adopted and ordered published at a regular meeting of the City
Council of the City of Eden Prairie on January 21, 1992, and continued on February 4, 1992 and March 10,
1992.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 32-91, which is attached hereto, is approved,
and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance.
B. That said text shall be published once in the Eden Prairie News in a body type no smaller than
non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07.
C. That a printed copy of the Ordinance shall be made available for inspection by any person dUri.
regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted
in the City Hall.
D. That Ordinance No. 32-91 shall be recorded in the ordinance book, along with proof of
publication required by paragraph B herein, within 20 days after publication.
ADOPTED by the City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 32-91
BRAXTON POND
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
TIlE CITY COUNCIL OF TIlE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary; This ordinance allows rezoning of land located South and west of the terminus of
existing Braxton Drive from the Rural to Rl-13.5 District, subject to the terms and conditions of a developer's
agreement. Exhibit A, included with this Ordinance, gives the fun legal description of this property.
Effective Date:
lsI John D. Frane
City Clerk
This Ordinance shall take effect upon publication.
IslDouglas B. Tenpas
Mayor
PUBLISHED in the Eden Prairie News on the ________ --,.
(A full copy of the text of this Ordinance is available from City Clerk.)
•
( (
l.-...
Exhibit A
Braxton Pond
LEGAL DESCRI?TION
That part of the North 1152.27 feet of the ~est Half oE the
South~est Quarter of the Northeast Quarter.
The North 1152.49 feet of the East .403.4 feet of the
Southeast Quarter of the North~est Qua,ter.
All located in Section 20, Tow~shi? 116, Range 22.
lying north~es~erly of the following described line:
Beginning at a point on the west line of the east 403.40
feet of the southeast quarter of the north~est quarter of
Section 20, Township 116, Range 22, distant S17.~3 south of
t~e northwest corner of said east 403.40 feet; thence
northeasterly 339.29 feet along a curve tangent to the said
west line, concave to the southeast, having a radius of
540.00 feet and a central angle of 365 degrees 00 minutes 00
seconds; thence northeasterly tangent to the last described
curve a distance of 240.00 feet; thence northeasterly 103.24
feet along a tangential curve concave to the southeast,
having a radius of 845.00 feet and a central angle of 7
degrees 00 minutes 00 seconds; thence northeasterly tangent
.... to the last describeci_c;.urv~_~ Eistan.ce .of.83.00 feet;. thence
northeasterly along a tangential curve ·concave to the .-
northwest and having a radius of 333.00 feet to the north
line of the west half of the southwest qua,ter of the
northeast quarter of said Section 20 and said line there
terrni na ti ng.
•
•
•
• BRAXTON POND
THIS AGREEMENT, made and entered into as of , 19_, by Westar Properties,
a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District change from Rural to RI-13.5 and
Preliminary Platting of 3.6 acres for construction of six single family lots, all on 3.6 acres, situated in Hennepin
County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and
said acreage hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No.32-91, Developer covenants
and agrees to construction upon, development, and maintenance of said Property as follows:
•
•
1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and
approved by the City Council on March 10, 1992, revised and dated January 22, 1992, and
attached hereto as Exhibit B, subject to such changes and modifications as provided herein .
2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
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. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any
fmal plat for the Property, Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems and
storm sewer for the Property.
Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those
improvements listed above in said plans, as approved by the City Engineer, in accordance with
Exhibit C, attached hereto.
In the event that the Developer does not proceed with the above mentioned construction,
Developer agrees to submit to the City, and to obtain the City's approval of a petition for 100%
of the costs of public improvements for streets, sanitary sewer, watermain extensions from
Braxton Drive to the west property line as depicted in Exhibit B, attached hereto.
Developer acknowledges that special benefit will accrue to the Property from such improvements
and further agrees to execute a special assessment agreement for the total cost of such
improvements. Said special assessment agreement shall be in a form acceptable to the City and
shall be executed by Developer prior to construction by City of such improvements.
4.
5.
6.
7.
LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any constructi?a
or development on the Property, Developer agrees to apply to the City Engineer, and obtain ~
City Engineer's approval of a land alteration permit for the Property, which includes provisions
regarding grading, drainage, and erosion control on the property.
ASSESSMENT AGREEMENT FOR BRAXTON DRIVE: Prior to release by the City of the
final plat for the property, Developer agrees to execute a special assessment agreement with the
City for purposes of public street and utility construction for Braxton Drive to service the
property.
TEMPORARY "DEAD-END" SIGN: Prior to issuance of any building permit on the property,
Developer agrees to provide for a temporary "dead-end" street sign to be located at the terminus
of Westar Lane as depicted in Exhibit B, attached hereto. The purpose of said sign shall be to
inform future residents that Westar Lane will connect to other road(s) at some point in time.
SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for
grading or construction on the Property, Developer shall submit to the Director of Parks,
Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for a
five-foot wide concrete sidewalk to be constructed on the north side of Westar Lane.
Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees
to construct, or cause to be constructed, said sidewalks and trails, concurrent with street
construction on the Property, and in accordance with the terms and conditions of Exhibit C.
attached hereto.
•
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed
es of the day and year aforesaid.
WEST AR PROPERTIES, INC. CITY OF EDEN PRAIRIE
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this __ day of , 19_, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
e
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this __ day of , 19_, by
_____ , the of Westar Properties, Inc., a Minnesota corporation, on behalf
of the corporation.
Notary Public
e
/)! III
,""~I
DEVELOPER'S AGREEMENT
EXHffiIT C • I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two
copies of a development plan (I" = 100' scale) showing existing and proposed contours, proposed
streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and
grades for sanitary sewer, watermain, and storm sewer, loo-year flood plain contours, ponding areas,
tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of
walks, trails, and any property deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review
and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the property required by City Code 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 $840.00 per unit/acre. The amount to be paid by
Developer shall be increased or decreased to the extent that the City Code is 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. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the
date hereof, Developer, for itself, its successors, and assigns, shall not oppose rezoning of said property
to Rural.
V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successofj
and their assigns of the property herein described.
VI. Developer represents and warrants that they own fee title to the property free and clear of mortgages,
liens, and other encumbrances.
With respect to any interest in all portions of the Property which Developer is required, pursuant to
this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and
warrants as follows:
A.
B.
C.
That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise
allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste,
pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42
U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes,
pollutants, and contaminants hereafter referred to as "Hazardous Substances");
That to the best of Developer's knowledge, Developer has not allowed any other person to use,
employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Property,
any Hazardous Substances;
That to the best of Developer's knowledge, no previous owner, operator or possessor of ~
Dedicated Property, nor anyone else with access to the Dedicated Property used, employ~
• deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated Property any
Hazardous Substances;
Developer agrees to indemnify and hold harmless City, its successors and assigns, against any and all
loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due
to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to
have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and
Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting
the development of the property. Developer agrees to develop the property in accordance with the
requirements of all applicable City Code requirements and City Ordinances.
VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street
lighting on the public streets adjacent to the property (including installation costs, if any, as determined
by electrical power provided), engineering review, and street signs.
IX. City shall not issue any building permit for the construction of any building, structure, or improvement
on any land required to be subdivided until all requirements listed above have been satisfactorily
addressed by Developer.
XI.
Developer shall submit detailed watermain, fire protection, and emergency vehicle access plans to the
Fire Marshall for review and approval. Developer shall follow all the recommendations of the Fire
Marshall.
Developer acknowledges that the rights of City performance of obligations of Developer contemplated
in this agreement are special, unique, and of an extraordinary character, and that, in the event that
Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein,
City may be without an adequate remedy at law. Developer agrees, therefore, that in the event
Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City
may, at its option, institute and prosecute an action to specifically enforce performance of such
covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be
cumulative and shall be in addition to every other remedy. The election of anyone or more remedies
shall not constitute a waiver of any other remedy.
XII. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be
void and of no force or effect to the extent necessary to bring such term within the provision of any
such applicable law or laws, and such terms as so modified and the balance of the terms of this
agreement shall be enforceable.
XIII.
•
Developer shall, prior to the commencement of any improvements, provide written notice to Paragon
Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication
Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be
sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota, 55411.
~ \ \9
.. ( (
Exhibit A
Braxton Pond
LEGAL DSSCRI?TION
That part oE the North 1152.27 feet of the west Half oE the
South~est Quarter of the Northeast Quarter.
The North 1152.49 feet of the East 403.4 feet of the
Southeast Quarter of the North~est Quarter.
All located in Section 20, Tow-nship 116, Range 22.
lying northwesterly of the following described line:
Beginning at a point on the west line of the east 403.40
feet of the southeast quarter of the northwest quarter of
Section 20, Township 116, Range 22, distant 817.~3 south of
t~e northwest corner of said east 403.40 feet; thence
northeasterly 339.29 feet along a curve tangent to the said
west line, concave to the southeast, having a radius of
540.00 feet and a central angle of 365 degrees 00 minutes 00
seconds; thence northeasterly tangent to the last described
curve a distance of 240.00 feet; thence northeas~erly 103.24
feet along a tangential curve concave to the southeast,
having a radius of 845.00 feet and a central angle of 7
degrees 00 minutes 00 seconds; thence northeasterly tangent
__ .. to the last described_c_urv.e_?.9istance of. 83.00 feet; thence
northeasterly along a tangential curve 'concave to the'
northwest and having a radius of 333.00 feet to the north
line of the west half of the southwest quarter of the
northeast quarter of said Section 20 and said line there
terminating.
•
•
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 34-92
Leighton's Garage
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING
WITHIN A PARTICULAR ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally
described in Exhibit A attached hereto and made a part hereof.
SECTION 2. That action was duly initiated proposing that the zoning of the land be amended within
the 1-2 Park Zoning District.
SECTION 3. That the proposal is hereby adopted and the zoning of the land shall be, and hereby is
amended within the 1-2 Park Zoning District, and the legal description of land in such District referred to in
City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and is amended accordingly.
•
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire
ity Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted
in their entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of October 6, 1992, entered into between Hoyt Development Company, a Corporation, and
the City of Eden Prairie.
SECTION 6. 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 15th day of
September, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council
of said City on the 6th day of October, 1992.
ATTEST:
John D. Frane, City Clerk Douglas B. Tenpas, Mayor
PUBLISHED in the Eden Prairie News on _____________ _
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-217
A RESOLUTION APPROVING THE S1Jl\.1l\tIARY
OF ORDINANCE NO. 34-92 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
Leighton's Garage •••
WHEREAS, Ordinance No. 34-92 was adopted and ordered published at a regular meeting of the City
Council of the City of Eden Prairie on the 15th day of September, 1992.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCn. OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 34-92, which is attached hereto, is approved,
and the City Council fmds that said text clearly informs the public of the intent and effect of said ordinance.
B. That said text shall be published once in the Eden Prairie News in a body type no smaller than
non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07.
C. That a printed copy of the Ordinance shall be made available for inspection by any person duri~
regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be postP
in the City Hall.
D. That Ordinance No. 34-92 shall be recorded in the ordinance book, along with proof of
publication required by paragraph B herein, within 20 days after publication.
ADOPTED by the City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 34-92
LEIGHTON'S GARAGE
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CERTAIN LAND
WITHIN A ZONING DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE CHAPI'ER 1 AND
SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amending of land located South of County Road #67, north
and east of Nine Mile Creek within the 1-2 Park Zoning District, subject to the terms and conditions of a
developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this
property.
Effective Date:
• TTEST:
lsI John D. Frane
City Clerk
This Ordinance shall take effect upon publication .
Is/Douglas B. Tenpas
Mayor
PUBLISHED in the Eden Prairie News on the ________ _
(A full copy of the text of this Ordinance is available from City Clerk.)
•
Exhibit B
Legal Description
Leighton's Garage
DE:S:::::.RI PTI ON
That part of the Northwest Quartt;r of the Nortllwe~;t Quarter of
Section 3, Towrlship 116, RlUIlJt? 22, Hennepin County, Minnesota described as follows:
Beginning at a point oin the north line of said Section 3,
distant 211.42 feet East of the Northwest ('(.>rner of said ~c;:tion 3; thence southerly al: .) deflc('til.Hl angle of 91 degrees
21'rninutes to the right, r.llong the approximate flovl line of the
(' r e e k , a dis tan ceo f 2 tHl • 2 1 fee tit hen c eat a de fIe c t ion un y 1 e
o f <I 4 de 9 r e e !; 29m i n 1I t est:) tile 1 eft, a Ion 9 the a r pro x i mat e
flow line of the creek, a distance of 102.80 feeti thence at a
j0fiection anyle of 26 degrees 40 minutes to the left, along
the approximate flow line of the creek, a distance of 224.44
feet to the intersection with the northwesterly right of way
line of the Chicago, Milwaukee and St.·Paul Railroad; thence
northeasterly, along said right of way line, to its
intersection with the north line of said Section 3; thence
West, along said North line of Section 3, a distance of 671.78
feet, more or less, to the point of beginning.
EXCEPT that part of the above described tract of land which lies
e a s t e r 1 y 0 f a lin e' w hie his per p e r~ die u 1 art 0 the Nor t h lin e
thereof and extends to the most sQutherly corner thereof.
•
•
•
• CITY OF EDEN PRAIRIE
HENNEpmCOUNTY,~OTA
RESOLUTION NO. 92-218
Leighton's Garage
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR LEIGHTON'S GARAGE BY HOYT DEVELOPMENT COMPANY
WHEREAS, Hoyt Development Company applied for site plan approval of Leighton's Garage on 1.7
acres for construction of a building addition on property located South of County Road #67, north and east of
Nine Mile Creek, to be amended within the 1-2 Park Zoning District by Ordinance No. 34-92 adopted by the
City Council on September 15, 1992; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 31,
1992, Planning Commission meeting and recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its September 15,
1992, meeting;
.. NOW, THEREFORE, BE IT HEREBY RESOLVED BY TIlE CITY COUNCIL OF TIlE CITY
'Wl)F EDEN PRAIRIE, that site plan approval be granted to Leighton'S Garage for construction of a building
addition, based on plans dated September 11, 1992, subject to the terms and conditions of that certain
Developer's Agreement between Hoyt Development Company, a Corporation, and, the City of Eden Prairie,
dated October 6, 1992, for Leighton's Garage.
ADOPTED by the City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
•
DEVELOPER'S AGREEMENT •
LEIGHTON'S GARAGE
THIS AGREEMENT, made and entered into as of October 6, 1992, by Leighton's Garage, a Minnesota
Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District Amendment within the existing 1-2 Park
Zoning District, Site Plan Review on 1.89 acres, and Preliminary Plat of 1.89 acres into one lot and road right-
of-way for construction of 2889 square building addition, all on 1.89 acres, situated in Hennepin County, State
of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage
hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No.34-92, Developer covenants
and agrees to construction upon, development, and maintenance of said Property as follows: •
1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and
approved by the City Council on September 15, 1992, and attached hereto as Exhibit B, subject
to such changes and modifications as provided herein.
2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
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. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any
final plat for the Property, Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm
sewer, and erosion control for the Property.
Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those
improvements listed above in said plans, as approved by the City Engineer, in accordance with
Exhibit C, attached hereto.
•
•
•
•
4 . LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction
or development on the Property, Developer agrees to apply to the City Engineer, and obtain the
City Engineer's approval of a land alteration permit for the Property.
5. REMOVAUSEALING OF EXISTING WELL AND SEPTIC TANK SYSTEM: Prior to
issuance by City of any permit for grading or building on the Property, Developer agrees to
submit to the Chief Building Official and to obtain the Chief Building Official's approval of,
plans for demolition and/or removal of existing structures, septic systems, wells and underground
storage tanks or other underground storage on the Property.
6.
Prior to such demolition or removal, Developer shall provide to the City a certified check in the
amount of $1,000.00 to guarantee that the wells, underground storage tanks, or other
underground storage, structures or septic tanks will be removed and the Property restored to
grade.
City agrees to return said certified check to Developer after the demolition or removal is
completed and after it is verified by City that the structures, well, and/or septic system have been
properly demolished or removed and that the Property has been restored to grade.
LANDSCAPE PLAN REVISIONS: Developer agrees to submit for review and receive the
Planning Director's approval of a revised landscape plan depicting 31 calipers, a 3 foot high
berm along C.S.A.H. 62, heavy shrub plantings on the berm conifers on the berm, and screening
of the parking areas from Nine Mile Creek with native lowland plantings. Developer also agrees
to implement said landscaping current with site and building construction.
7. SCENIC EASEMENT: Prior to release of the final plat developer agrees to submit for review
and receive the Planning Director's approval of a scenic easement over the drainage utility
easement as depicted in Exhibit B. Developer shall provide proof of filing of said Scenic
Easement prior to building permit issuance.
8. FINAL ORDER # 92-25: Developer has obtained approval from the Board of Appeals and
Adjustments for variances from the City Code requirements within the 1-2 Park Zoning District,
for construction on the Property as depicted in Exhibit B, attached hereto.
9. Concurrent with building construction, Developer agrees to remove all yard waste, debris and
other manmade materials from the Scenic Easement area along Nine Mile Creek as depicted on
Exhibit B .
DEVEWPER'S AGREEMENT
EXHIBIT C • I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two
copies of a development plan (1" = 100' scale) showing existing and proposed contours, proposed
streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and
grades for sanitary sewer, watermain, and storm sewer, lOO-year flood plain contours, ponding areas,
tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of
walks, trails, and any property deeded to the City.
II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review
and approval. Developer shall follow all rules and recommendations of said Watershed District.
III. Developer shall pay cash park fees as to all of the property required by City Code 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 $2950.00 per acre. The amount to be paid by Developer shall
be increased or decreased to the extent that the City Code is 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. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the
date hereof, Developer, for itself, its successors, and assigns, shall not oppose rezoning of said property
to Rural.
V. Provisions of this Agreement shall be binding upon and enforceable against owners, their successor'
and their assigns of the property herein described.
VI. Developer represents and warrants that they own fee title to the property free and clear of mortgages,
liens, and other encumbrances.
With respect to any interest in all portions of the Property which Developer is required, pursuant to this
Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and
warrants as follows:
A. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise
allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste,
pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42
U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.OI, et. seq. (such substances, wastes,
pollutants, and contaminants hereafter referred to as "Hazardous Substances");
B. That to the best of Developer's knowledge, Developer has not allowed any other person to use,
employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Property, any
Hazardous Substances;
•
• C . That to the-best of Developer's knowledge, no previous owner, operator or possessor of the
Dedicated Property, nor anyone else with access to the Dedicated Property used, employed,
deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated Property any
Hazardous Substances;
Developer agrees to indemnify and hold harmless City, its successors and assigns, against any and all
loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due
to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to
have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and
Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting
the development of the property. Developer agrees to develop the property in accordance with the
requirements of all applicable City Code requirements and City Ordinances.
VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street
lighting on the public streets adjacent to the property (including installation costs, if any, as determined
by electrical power provided), engineering review, and street signs.
•
•
IX. City shall not issue any building permit for the construction of any building, structure, or improvement
on any land required to be subdivided until all requirements listed above have been satisfactorily
addressed by Developer.
X. Developer shall submit detailed watermain, fire protection, and emergency vehicle access plans to the
Fire Marshall for review and approval. Developer shall follow all the recommendations of the Fire
Marshall.
XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated
in this agreement are special, unique, and of an extraordinary character, and that, in the event that
Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein,
City may be without an adequate remedy at law. Developer agrees, therefore, that in the event
Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City
may, at its option, institute and prosecute an action to specifically enforce performance of such covenant.
No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and
shall be in addition to every other remedy. The election of anyone or more remedies shall not
constitute a waiver of any other remedy.
XII. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be
void and of no force or effect to the extent necessary to bring such term within the provision of any such
applicable law or laws, and such terms as so modified and the balance of the terms of this agreement
shall be enforceable .
XIll. Developer shall, prior to the commencement of any improvements, provide written notice to Parago~
Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communicati~
Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be
sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota, 55411.
•
•
l\~O
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as .f the day and year aforesaid.
LEIGHTON'S GARAGE
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this __ day of , 19_, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation .
•
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this __ day of , 19_, by
----_______ , the of Leighton's Garage, a Minnesota
Corporation, on behalf of the corporation.
Notary Public
•
Exhibit B
Legal Description
Leighton's Garage
That ~art of th~
Secti,)n 3, Tow~lship
described as follows:
DE5-R/PTION
No,) r t h w est (J II a -: t e r <) f the No,) r t h we s t Q 1I art e r 0 f
1 1 6 , R U TIl) ,~ 2 2, Ii e nne pin Co u n t y, Min n e sot a
Beginning at a point oin tIle nortll line of said Section 3,
distant 211.42 feet East of the Northwest ('ooler of said
~~i:tion 3; th~nC"e southerly at.) dcflel'ti')rl .:Ingle of 91 de<Jr~~s
21"rninutes to the right, <3101lg the upproximate floy/ line of th~
creek, a distance of 201).21 feet; thence at a defl~(~tion anr~le
of 44 deqr<;;!e:; 29 mirlutes t:) the left, along the approximate
flow 1 ine of the creek, a dL;tance of 102.80 feet; thence at a
dcfi~ction anyle of 26 degrees 40 minutes to the left, along
the" approximate flow 1 ine of the creek, a distance of 224.44
feet to the intersection with the northwesterly right of way
line of the Chicago, Milwaukee and St.·Paul Railroad: thence
northeasterly, along said right of way line, to its
intersection with the north line 'of said Section 3; thence
West, along said North line of Section 3, a distance of 671.78
feet, more or less, to the point of beginning.
EXCEPT that part of the above described tract of land which lies
e a s t e r 1 y 0 f ali n e . w hie his per p e r\ die u I art 0 the Nor t h 1 i n e
thereof and extends to the most sQutherly corner thereof.
•
•
•
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 36-92
Woodlake Sanitary Service
AN ORDINANCE OF TIlE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING TIlE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER TIlINGS, CONTAIN PENALTY
PROVISIONS
TIlE CITY COUNCIL OF TIlE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
SECTION 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally
described in Exhibit A attached hereto and made a part hereof.
SECTION 2. That action was duly initiated proposing that the land be removed from the Rural District
and be placed in the 1-2 Park District.
SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from
the Rural District and shall be included hereafter in the 1-2 Park District, and the legal descriptions of land in
each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended
.ccordinglY.
SECTION 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire
City Code Including Penalty for Violation" and Section 11.99, "Violation a Misdemeanor" are hereby adopted
in their entirety, by reference, as though repeated verbatim herein.
SECTION 5. The land shall be subject to the terms and conditions of that certain Developer's
Agreement dated as of October 6, 1992, entered into between Rutledge Construction Company, a Corporation,
and the City of Eden Prairie.
SECTION 6. 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 15th day of
September, 1992, and finally read and adopted and ordered published at a regular meeting of the City Council
of said City on the 6th day of October, 1992.
ATTEST:
John D. Frane, City Clerk Douglas B. Tenpas, Mayor
.UBLISHED in the Eden Prairie News on _____________ _
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Woodlake Sanitary servilt
RESOLUTION NO. 92-219
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE NO. 36-92 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 36-92 was adopted and ordered published at a regular meeting of the City
Council of the City of Eden Prairie on the 15th day of September, 1992.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 36-92, which is attached hereto, is approved,
and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance.
B. That said text shall be published once in the Eden Prairie News in a body type no smaller than
non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07.
C. That a printed copy of the Ordinance shall be made available for inspection by any person duri"
regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be post~
in the City Hall.
D. That Ordinance No. 36-92 shall be recorded in the ordinance book, along with proof of
publication required by paragraph B herein, within 20 days after publication.
ADOPTED by the City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
•
• WOODLAKE SANITARY SERVICE
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 36-92
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND
FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL
DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE CITY CODE
CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY
PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows rezoning of land located at 9813 Flying Cloud Drive from
the Rural to 1-2 Park District, subject to the terms and conditions of a developer's agreement. Exhibit A,
included with this Ordinance, gives the full legal description of this property.
Effective Date:
aTIEST:
lsI John D. Frane
City Clerk
This Ordinance shall take effect upon publication.
IslDouglas B. Tenpas
Mayor
PUBLISHED in the Eden Prairie News on the ________ _
(A full copy of the text of this Ordinance is available from City Clerk.)
•
Exhibit A
Legal Description
Woodlake Sanitary Services, Inc.
That port of the Southeast Quarter of the Southwest Quarter af Section
27. Township I 16. Range 22, Hennepin County, Minnesota, described as
commencing at the southeast corner of said Southeast Quarter of the
Southwest Quarter of Section 27; thence South 89 degrees 39 minutes
57 seconds West, assumed bearing, along the south line of said Southeast
Quarter of the Southwest Quarter of Section 27, a distance of 222.13 feet;
thence North 0 degrees 20 minutes 03 seconds West a distance of 58.14 feet
to the point of beginning of the land to be described; thence North 28 degrees
55 minutes 39 seconds East a distance of 240.00 feet; thence North 61
degrees 04 minutes 21 seconds West a distance of 317.62 feet to the south-
easterly line of the property described in Ordinance No. 244; thence South
37 Jegrees 37 minutes 39 seconds West, along said southeasterly line of the
property described in Ordinance No. 244, a distance of 242.79 feet to a
line which bears North 6 I degrees 04 minutes 21 seconds West from the
point of beginning; thence South 6 I degrees 04 minutes 21 seconds East
a distance of 354.34 feet to the point of beginning.
:' .•
•
•
• Woodlake Sanitary Service
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-220
A RESOLUTION GRANTING SITE PLAN APPROV AL
FOR WOODLAKE SANITARY SERVICE -EQUIPMENT BUILDING (BFI)
WHEREAS, Woodlake Sanitary Service applied for site plan approval of Woodlake Sanitary Service
on 1.85 acres for construction of an Equipment Building on property located at 9813 Flying Cloud Drive, to
be zoned 1-2 Park by Ordinance No. 36-92 adopted by the City Council on September 15, 1992; and,
WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 31,
1992, Planning Commission meeting and recommended approval of said site plans; and,
WHEREAS, the City Council has reviewed said application at a public hearing at its September 15,
1992, meeting;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY TIlE CITY COUNCIL OF THE CITY
a[!F EDEN PRAIRIE, that site plan approval be granted to Woodlake Sanitary Service for construction of an
~uipment Building, based on plans dated September 9, 1992, subject to the terms and conditions of that certain
Developer's Agreement between Woodlake Sanitary Service, a Corporation, and the City of Eden Prairie, dated
October 6, 1992, for Woodlake Sanitary Service.
ADOPTED by the City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST:
John D. Frane, City Clerk
•
DEVELOPER'S AGREEMENT •
Woodlake Sanitary Services, Inc.
THIS AGREEMENT, made and entered into as of October 6, 1992, by Woodlake Sanitary Services,
Inc., a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE,
a municipal corporation, hereinafter referred to as "City:"
WITNESSETH:
WHEREAS, Developer has applied to City for Zoning District Change from Rural to 1-2 Industrial Park
and Site Plan Review for construction of 2300 square building, all on 1.85 acres, situated in Hennepin County,
State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage
hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Ordinance No. 36-92, Developer covenants
and agrees to construction upon, development, and maintenance of said Property as follows:
1.
2.
3.
4.
5.
PLANS: Developer shall develop the Property in conformance with the materials reviewed ~
approved by the City Council on September 15, 1992, and attached hereto as Exhibit B, subj~
to such changes and modifications as provided herein.
EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer
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.
STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any
final plat for the Property, Developer shall submit to the City Engineer, and obtain the City
Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm
sewer, and erosion control for the Property.
Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those
improvements listed above in said plans, as approved by the City Engineer, in accordance with
Exhibit C, attached hereto.
LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction
or development on the Property, Developer agrees to apply to the City Engineer, and obtain the
City Engineer's approval of a land alteration permit for the Property.
LANDSCAPE PLAN: Prior to building permit issuance, Developer shall submit for review and
receive the Planning Director's approval of a landscape plan depicting 7 caliper inches. •
DEVELOPER'S AGREEMENT 4t EmmITC
I. Prior to release of any building permit, Developer shall submit to the City Engineer for approval two
copies of a development plan (1" = 100' scale) showing existing and proposed contours, proposed
streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and
grades for sanitary sewer, watermain, and storm sewer, 100-year flood plain contours, ponding areas,
tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of
walks, trails, and any property deeded to the City.
ll. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review
and approval. Developer shall follow all rules and recommendations of said Watershed District.
ill. Developer shall pay cash park fees as to all of the property required by City Code 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 $2950.00 per /acre. The amount to be paid by Developer
shall be increased or decreased to the extent that the City Code is 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.
4t
IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the
date hereof, Developer, for itself, its successors, and assigns, shall not oppose rezoning of said property
to Rural.
Provisions of this Agreement shall be binding upon and enforceable against owners, their successors,
and their assigns of the property herein described.
VI. Developer represents and warrants that they own fee title to the property free and clear of mortgages,
liens, and other encumbrances.
With respect to any interest in all portions of the Property which Developer is required, pursuant to this
Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and
warrants as follows:
A. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise
allowed to come in or on the Dedicated Property, any hazardous substance, hazardous waste,
pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42
U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et. seq. (such substances, wastes,
pollutants, and contaminants hereafter referred to as "Hazardous Substances");
B. That to the best of Developer's knowledge, Developer has not allowed any other person to use,
employ, deposit, store, dispose of, place or otherwise have, in or on the Dedicated Property, any
Hazardous Substances;
C. That to the-best of Developer's knowledge, no previous owner, operator or possessor of th ..
Dedicated Property, nor anyone else with access to the Dedicated Property used, employ~
deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated Property any
Hazardous Substances;
Developer agrees to indemnify and hold harmless City, its successors and assigns, against any and all
loss, costs, damage and expense, including reasonable attorneys fees and costs, resulting from or due
to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to
have been, used, employed, deposited, stored, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or
representatives.
VII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and
Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting
the development of the property. Developer agrees to develop the property in accordance with the
requirements of all applicable City Code requirements and City Ordinances.
VIII. Prior to release of the final plat, Developer shall pay to City fees for the first three (3) years' street
lighting on the public streets adjacent to the property (including installation costs, if any, as determined
by electrical power provided), engineering review, and street signs.
IX. City shall not issue any building permit for the construction of any building, structure, or improvement
on any land required to be subdivided until all requirements listed above have been satisfacto~
addressed by Developer. •
X. Developer shall submit detailed watermain, fire protection, and emergency vehicle access plans to the
Fire Marshall for review and approval. Developer shall follow all the recommendations of the Fire
Marshall.
XI. peveloper acknowledges that the rights of City performance of obligations of Developer contemplated
in this agreement are special, unique, and of an extraordinary character, and that, in the event that
Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein,
City may be without an adequate remedy at law. Developer agrees, therefore, that in the event
Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City
may, at its option, institute and prosecute an action to specifically enforce performance of such covenant.
No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and
shall be in addition to every other remedy. The election of anyone or more remedies shall not
constitute a waiver of any other remedy.
XII. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be
void and of no force or effect to the extent necessary to bring such term within the provision of any such
applicable law or laws, and such terms as so modified and the balance of the terms of this agreement
shall be enforceable.
•
•
•
Developer shall, prior to the commencement of any improvements, provide written notice to Paragon
Cable, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication
Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be
sent to Paragon Cable, 801 Plymouth Avenue North, Minneapolis, Minnesota, 55411.
---------------------------
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed ....
of the day and year aforesaid.
WOODLAKE SANITARY SERVICE, INC.
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
CITY OF EDEN PRAIRIE
Douglas B. Tenpas, Mayor
Carl J. Jullie, City Manager
The foregoing instrument was acknowledged before me this __ day of , 19_, by Douglas
B. Tenpas and Carl J. Jullie, respectively the Mayor and the City Manager of the City of Eden Prairie, a
Minnesota municipal corporation, on behalf of said corporation.
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN )
Notary Public
The foregoing instrument was acknowledged before me this __ day of , 19_, by
•
___________ , the of Woodlake Sanitary Service, Inc., a
Minnesota Corporation, on behalf of the corporation.
Notary Public
•
2.1q~
Exhibit A .gal Description
Woodlake Sanitary Services, Inc.
That part of the Southeast Quarter of the Southwest Quarter of Section
27, Township I 16, Range 22, Hennepin County, Minnesota, described as
commencing at the southeast corner of said Southeast Quarter of the
Southwest Quarter of Section 27; thence South 89 degrees 39 minutes
57 seconds West, assumed bearing, along the south line of said Southeast
Quarter of the Southwest Quarter of Section 27, a distance of 222.13 feet;
thence North 0 degrees 20 minutes 03 seconds West a distance of 58.14 feet
to the point of beginning of the land to be described; thence North 28 degrees
55 minutes 39 seconds East a distance of 240.00 feet; thence North 61
degrees 04 minutes 21 seconds West a distance of 317.62 feet to the south-
easterly line of the property described in Ordinance No. 244; thence South
37 Jegrees 37 minutes 39 seconds West, along said southeasterly line of the
property described in Ordinance No. 244, a distance of 242.79 feet to a
line which bears North 6 I degrees 04 minutes 21 seconds West from the
point of beginning; thence South 61 degrees 04 minutes 21 seconds East
a distance of 354.34 feet to the point of beginning .
•
•
•
LAW OFFICES
BRIGGS AND MORGAN
PROFESSIONAL ASSOCIATION
2200 FIRST NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 55101
TELEPHONE (612) 223 -6600
FACSIMILE (612) 223 -6450
MINNEAPOLIS OFFICE
2400 IDS CENTER
WHITER'S DIRECT DIAL NUMBER September 24, 1992 MINNEAPOLIS, MINNESOTA I5M02
TELEPHONE 1612) 334-8400
FACSIMILE (612) 334-66110
•
•
(612) 223-6625
Mr. Carl Julie
City Manager
7600 Executive Drive
Eden Prairie, MN 55344
Re: Joint Issuance by the Housing and Redevelopment Authority of the City of
Saint Paul and the City of Minneapolis -$70,000,000 Health Care Revenue
Bonds, Series 1992 (Group Health Plan, Inc. Project)
Dear Mr. Julie:
Enclosed is the resolution which I discussed with you in our telephone
conversation. The resolution gives "host approval" to the above referenced bonds
which are being jointly issued by the Housing and Redevelopment Authority of
the City of Saint Paul and the City of Minneapolis.
Section 147(f) of the Internal Revenue Code requires "host approval" from
each municipality in which a facility, which is to be financed or refinanced by the
revenue bonds, is located. The facility that is located in your municipality is a
materials management center located at 9700 West 76th Street. It is anticipated
that approximately $525,000 of the proceeds of the bonds will be used to finance
or refinance costs for this facility.
As indicated in the enclosed resolution, the bonds are payable solely from
revenues of Group Health and are not general obligations, or payable from any
revenues of your City, or any other political subdivision. In addition, no portion
of the bonds will count against your City's $5,000,000 "small issuer" rebate
exception.
I would appreciate if the enclosed resolution is placed on the agenda for
the City Council meeting on October 6, 1992. If you would like a representative
of Group Health or our office to be present at that meeting, please let me know.
BRIGGS AND MORGAN
Mr. Carl Julie
September 24, 1992
Page Two
Someone from our office will contact you following the Council meeting to
find out if the resolution was adopted, and to arrange to obtain an executed copy
of the resolution.
If you have any questions, please feel free to give me a call.
MMD:mw
Enc.
•
•
•
•
•
HENNEPIN COUNTY, MINNESOTA
CITY OF EDEN PRAIRIE
RESO'LUTION NO. 92-228
RESOLUTION GIVING HOST APPROVAL
TO THE ISSUANCE OF HEALTH CARE REVENUE
BONDS, SERIES 1992
(GROUP HEALTH PLAN, INC. PROJECT)
WHEREAS, Group Health Plan, Inc., a Minnesota non-profit
corporation {"Group Health"}, currently owns or leases facilities
located at 9700 West 76th Street in the city of Eden Prairie {the
"Local Facilities"}.
WHEREAS, Group Health has proposed that the Housing and
Redevelopment Authority of the City of Saint Paul, Minnesota, and
the City of Minneapolis, Minnesota, jointly issue Health Care
Revenue Bonds in the approximate principal amount of $70,000,000
(the "Bonds") to finance or refinance various capital
expenditures made by Group Health in approximately 18 cities
located through the State of Minnesota, including the Local
Facilities.
WHEREAS, Section 147{f} of the Internal Revenue Code of
1986, as amended, requires that each municipality in which
facilities to be financed or refinanced by the Bonds are located
must approve the issuance of the Bonds following a public
hearing.
WHEREAS, a public hearing on the issuance of the Bonds was
held by the city of Minneapolis and the Housing and Redevelopment
Authority of the city of Saint Paul, Minnesota, on September 8,
1992, and September 22, 1992, respectively.
WHEREAS, the Bonds are payable solely from revenues of Group
Health, will not be a general or moral obligation of the city of
Eden Prairie, the Housing and Redevelopment Authority of the City
of Saint Paul, the city of Minneapolis or any other political
subdivision but will be payable solely from revenues of Group
Health to the extent and in the manner provided in the documents
executed in connection with the issuance of the Bonds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Eden Prairie that the City hereby gives the host approval
required under the Internal Revenue Code to the issuance of the
Bonds.
Adopted: October 6, 1992 by the Eden Prairie City Council.
Douglas B. Tenpas, Mayor
ATTEST:
• John D. Frane, City Clerk
•
•
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 92-229
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND ORDERING ADVERTISEMENT FOR BIDS
WHEREAS, the City Engineer through S.R.F., Inc. has prepared plans and specifications for
the following improvements to wit:
I.C. 52-282 -George Moran Drive Improvements
and has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. Such plans and specifications, a copy of which is on file for public inspection in
the City Engineer's office, are hereby approved.
2. The City Clerk shall prepare and cause to be inserted in the official paper and in
the Construction Bulletin an advertisement for bids upon the making of such
improvement under such approved plans and specifications. The advertisement
shall be published for 3 weeks, shall specify the work to be done, shall state that
bids shall be received until 10:00 a.m., October 29, 1992, at City Hall after
which time they will be publicly opened by the Deputy City Clerk and Engineer,
will then be tabulated, and will be considered by the Council at 7:30 P.M.,
Tuesday, November 3, 1992, at the Eden Prairie City Hall, Eden Prairie. No
bids will be considered unless sealed and filed with the clerk and accompanied by
a cash deposit, cashier's check, bid bond or certified check payable to the City
for 5 % (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on October 6, 1992.
Douglas B. Tenpas, Mayor
ATTEST: SEAL
John D. Frane, Clerk
~/47
OCTOBER 6.1992
28341 JIM STUKEL
tl342
343
344
28345
28346
28347
28348
28349
28350
MN ST SUPERINTENDENTS ASSN
T2CENTER
FIRST BANK EDEN PRAIRIE
NORTHERN STATES POWER COMPANY
COOKIES BY DEB
AARP 55 ALIVE MATURE DRIVING
GREEN STREETS RESTAURANT
AT&T
KRAEMERS HOME CENTER
28351 MERLINS ACE HARDWARE
"352 ~353
28354
28355
VO'ID OUT CHECK
CITY OF EDEN PRAIRIE
VOID OUT CHECK
MINNESOTA STATE FAIR
28356 HAPPENINGS
-BOUNDARY WATERS CANOE TRIP GUIDE-SPECIAL
TRIPS & EVENTS PROGRAM
CONFERENCE-STREET MAINTENANCE
CONFERENCE-STREET MAINTENANCE
PAYROLL 9-4-92
SERVICE
MEETING EXPENSES-CITY COUNCIL
DEFENSIVE DRIVING INSTRUCTOR/FEES PAID
REFUND-LIQUOR LICENSE FEE
SERVICE
-SCREWS/CHAIN/SPRAY NOZZLES/KEYS/CORNER
-IRON/PAINT/SPRAYER/ANGLE PLUG/RECEPTACLE/
-CABLESIVALVES/wASHERS/BRUSHES/SANDPAPER/
-PAINT THINNER/BOLTS/DRILL BIT/FILTERS/
-TAPE MEASURES/CHALK/OOOLERITRASH BAGS/
-PIPE FITTINGS/PIPE/LETTERS/BATTERIES/
-BULBS/PAINT BRUSHES/CAULKING GUN/SILICON/
-CAULKING/DEGREASERIDRIVEWAY SEALER/CURB
-STOP REPAIRIHITCH/FISH TAPEIHOSES/ROPE/
-PICKSITIRE REPAIR KIT-FACILITIES DEPT/
-POLICE DEPT/FIRE DEPT/EQUIPMENT MAl NT/
UTILITIES DIVISION
-LAGS/wASHERS/SANDPAPER/PAINT BRUSHES/
-SAW BLADE/CHAINS/SNAPSIHOOKS/INSECT
-REPELLANT/BROOMS/HANDLES/BOLTS/LETTERS/
-TAPE/OIL/GLUE/WIRE/SCRAPER/SCREWDRIVER/
-EMERY CLOTH/BULBS/CASTERSIHOSE CLAMPS/
-TIES/BUCKETSIDUST PANS-PARK MAINTENANCE/
EQUIPMENT MAINTENANCE/COMMUNITY CENTER
SAC/WAC CHARGES-9081 E STARING LN
-COUPONSITICKETS-REIMBURSED BY CITY
EMPLOYEES
-STATE FAIR BOOKLETS-REIMBURSED BY CITY
EMPLOYEES
28357
28358
28359
TWIN CITY AREA LABOR MGMT COUNCIL CONFERENCE-ENGINEERING DEPT/PARK MAINT
MINNESOTA TWINS TICKETS-ADULT PROGRAMS/FEES PAID
JOEL WESTACOTT -SOUND TECHNICIAN-SUNBONNET DAY PROGRAM-
28360 GORDON KLEHR
28361 LINDA FRANKENSTEIN
28362 THE DIPLOMATS
28363 CHARLIE MCQUIRE
28364 BOB GASCH
28365 SHERATON NEW ORLEANS
28366 JIM LINDGREN
28367 ANOKA COUNTY QUALITY COUNCIL
4li'368 MINNESOTA QUALITY CONFERENCE
12020555
HISTORICAL & CULTURAL COMMISSION
-HORSEDRAWN HAYRIDES-SUNBONNET DAY PROGRAM-
HISTORICAL & CULTURAL COMMISSION
-FACE PAINTING-SUNBONNET DAY PROGRAM-
HISTORICAL & CULTURAL COMMISSION
-BARBERSHOP QUARTET PERFORMANCE-SUNBONNET
DAY-HISTORICAL & CULTURAL COMMISSION
-FOLK SINGER-SUNBONNET DAY PROGRAM-
HISTORICAL & CULTURAL COMMISSION
-J R CUMMINS PROTRAYAL-SUNBONNET DAY
PROGRAM-HISTORICAL & CULTURAL COMMISSION
CONFERENCE LODGING-CITY COUNCIL
-CAR RENTAL FOR K-9 FIELD TRIALS-POLICE
DEPT
CONFERENCE-ADMINISTRATION
CONFERENCE-ADMINISTRATION
/'\ 'f3' l ,I ! i '.
0\ i ' J
736.00
50.00
30.00
'78388.36
.31812.52
11.18
200.00
2924.00
36.29
980.50
349.71
0.00
1815.50
0.00
318.00
17.50
40.00
195.00
60.00
100.00
100.00
100.00
200.0C
140.0C
1328.0~
172.9~
i5.0C
85.0C
OcroBER 6.1992
28369 NORTHERN STATES POWER CO SERVICE 5:IJ2 28370 U S WEST CELLULAR SERVICE
.. 542 .5~ 28371 U S WEST COMMUNICATIONS SERVICE
28372 CYNDY CLAUSSEN REFUND-RACQUETBALL LEAGUE FEE 5.00
28373 BONNIE BRUNELL REFUND-MINNESOTA STATE FAIR TRIP 6.00
28374 SUSAN HALVERSON -REFUND-GYMNASTICS CLASS/KIDS KORNER 46.00
PROGRAM
28375 TOMOKO KASEL REFUND-MEMBERSHIP FEE 38.74
28376 MARGARET MACARTHUR REFUND-MINNESOTA STATE FAIR TRIP 6.00
28377 BETH MAGASANO REFUND-CARDIOVASCULAR TRAINING 8.00
28378 J MULVEY REFUND-SWIMMING LESSONS 17.00
28379 FEDERAL RESERVE BANK PAYROLL 9-4-92 SAVINGS BONDS 250.00
28380 GREAT WEST LIFE ASSURANCE CO PAYROLL 9-4-92 6144.00
28381 GUARANTEE MUTUAL LIFE CO SEPTEMBER 92 LIFE INSURANCE PREMIUM 2727.02
28382 HENN CTY SUPPORT & COLLECTION SER PAYROL 9-4-92 CHILD SUPPORT DEDUCTION 280.00
28383 HENN CTY SUPPORT & COLLECTION SER PAYROLL 9-4-92 CHILD SUPPORT DEDUCTION 225.69
28384 ICMA RETIREMENT TRUST-457 PAYROLL 9-4-92 2773.76
28385 INTERNAL REVENUE SERVICE PAYROLL 9-4-92 568.61
28386 INTERNAL REVENUE SERVICE PAYROLL 9-4-92 32.00
28387 MN STATE RETIREMENT SYSTEM PAYROLL 9-4-92 50.00
28388 MN TEAMSTERS CREDIT UNION PAYROLL 9-4-92 25.00
28389 MUTUAL BENEFIT LIFE SEPTEMBER 92 DISABILITY INSURANCE PREMIUM 2849.02
28390 NORWEST BANK HOPKINS PAYROLL 8-21-92 & 9-4-92 1200.00
28391 EXECUTIVE DIRECTOR-PERA PAYROLL 9-4-92 38495.30
28392 UNITED WAY PAYROLL 9-4-92 160.50
28393 MINNESOTA VALLEY ELECTRIC COOP SERVICE 55.25
28394 NEW ORLEANS MARRIOTT CONFERENCE LODGING-CITY COUNCIL .~ 28395 PETTY CASH-COMMUNITY CENTER EXPENSES-COMMUNITY CENTER
28396 PE'ITY CASH CHANGE FUND-SUNBONNET DAY TICKET SALES 200.00
28397 MINNESOTA BOARD OF AGING CONFERENCE-SENIOR CITIZENS PROGRAM 180.00
28398 KATHY DUNHAM REFUND-ICE RENTAL DEPOSIT 30.00
28399 CATHY MAURER REFUND-SWIMMING LESSONS 17.00
28400 JONI GRIESS REFUND-SWIMMING LESSONS 18.00
28401 TAT lANA NAGEL REFUND-SWIMMING LESSONS 22.00
28402 KIM RENGSTORF REFUND-SWIMMING LESSONS 22.00
28403 VANITA SHAH REFUND-SWIMMING LESSONS 17.00
28404 DORSEY & WHITNEY SERVICE-BOND PAYMENTS 2628.83
28405 CITY OF BLOOMINGTON -JULY 92 ANIMAL IMPOUND SERVICE-ANIMAL 726.00
CONTROL DEPT
28406 STREICHERS PROFESSIONAL POLICE EQ -IGNITION OVER-RIDE SYSTEMS/FLASHERS/ 399.94
BRUSHES-EQUIPMENT MAINT/POLICE DEPT
28407 EARL F ANDERSEN & ASSOC INC STREET PLATES/SIGNS-STREET DEPT 662.34
28408 MN PUBLIC WORKS ASSN CONFERENCE-STREET MAINTENANCE 60.00
28409 CLARITY AUDIO SYSTEMS INC -AUDIO SYSTEM MIXER/INPUT MODULES/RACK KIT/ 6736.59
-CHANNEL EQUALIZERITUNER/CASSETTE PLAYER
-MODULE/POWER AMPLIFIER/SPEAKERS-COMMUNITY
CENTER 2ND ICE SHEET
28410 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION-POLICE DEPT 8.5e
28411 HENNEPIN COUNTY TREASURER STATE DEED TAX-WALMART LAND 598.4E
28412 AMERICAN ARMY & NAVY SURPLUS' UNIFORMS-POLICE DEPT 239.84
28413 RAPIT PRINTING -PRINTING SWIMMING CERTIFICATES-POOL 187.81
LESSONS ~~ 28414 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT
28415 INTL CENTER FOR SUCCESSFUL LIVING CONFERENCE-KIDS KORNER PROGRAM
28416 MN CULTURAL DIVERSITY CENTER CONFERENCE-HUMAN RESOURCES DEPT 125.0C
8059431
~/YW
OCTOBER 6.1992
tl417 METROPOLITAN SPORTS FACILITIES BUS PARKING-ADULT PROGRAMS/FEES PAID 22.00
418 BOSTON SUBWAY MEETING EXPENSE-ADMINISTRATION DEPT 6.00
419 MN DEPT OF REVENUE -FEES FOR SAFE DRINKING WATER TESTING "15677.00
MANDATED BY FEDERAL LAW
28420 KAY BLAESER REFUND-SKATING LESSONS 37.00
28421 CHERYL BOYD REFUND-SKATING LESSONS 37.00
28422 DEBORAH FRENCH REFUND-SKATING LESSONS 37.00
28423 DE LOR I S GRANAAS REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 15.50
28424 ETHEL HOFFHINES REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 15.50
28425 BARBARA KARPELES REFUND-LINE DANCING LESSONS 15.00
28426 LEE MEADE REFUND-DEFENSE DRIVING CLASS 8.00
28427 UTE MILKE REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 15.50
28428 JEANNE PEDRIC REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 15.50
28429 LINDA SOLHEID REFUND-SKATING LESSONS/SWIMMING LESSONS 119.00
28430 CHRISTINE VERDON REFUND-ADAPTIVE SWIMMING LESSONS 8.00
28431 SUSAN VOELKER REFUND-KIDS KORNER PROGRAM 21.00
28432 EDNA WALKER REFUND-CHURCH HISTORY TOUR-ADULT PROGRAMS 15.50.
28433 VOID OUT CHECK 0.00
28434 CITY OF ROBBINSDALE CITYS SHARE OF MUNICI-PALS BANQUET 69.00
28435 ROLLINS OIL CO UNLEADED GASOLINE-EQUIPMENT MAINTENANCE 8194.00
28436 COMMONWEALTH LAND TITLE INS CO -TITLE INSURANCEITITLE SEARCH-PROPERTY 634.00
PURCHASED FROM WAL-MART STORES
28437 GOVERNMENT TRAINING SERVICES CONFERENCE-FINANCE DEPT 150.00
28438 FIRST BANK EDEN PRAIRIE PAYROLL 9-18-92 82721.62
28439 HOPKINS POSTMASTER POSTAGE-UTILITY BILLING 593.94
28440 STEVE HEIMER REFUND-SWIMMING LESSONS 6.00 .441 KYfT J.nlANG REFUND-TENNIS LESSONS/GOLF LESSONS 28.00
442 I...EE LUNDY" REFUND-GOLF LESSONS 6.00
28443 JUDY MCCORKELL REFUND-SWIMMING LESSONS 19.00
28444 LORI MCMI LLAN REFUND-GYMNASTICS CLASS 22.00
28445 LISA & CHRIS PAPPO REFUND-GOLF LESSONS 66.00
28446 EWA PECZALSKA REFUND-TENNIS LESSONS 44.00
28447 COLLEEN SKOUG REFUND-SKATING LESSONS 22.00
28448 POSTAGE BY PHONE POSTAGE-POLICE DEPT 1000.00
28449 FEDERAL RESERVE BANK PAYROLL 9-18-92 300.00
28450 GREAT WEST LIFE ASSURANCE CO PAYROLL 9-18-92 6144.00
28451 HENN crY SUPPORT & COLLECTION SER PAYROLL 9-18-92 CHILD SUPPORT DEDUCTION 280.00
28452 HENN crY SUPPORT & COLLECTION SER PAYROLL 9-18-92 CHILD SUPPORT DEDUCTION 225.69
28453 ICMA RETIREMENT TRUST-457 PAYROLL 9-18-92 2773.76
28454 INTERNAL REVENUE SERVICE PAYROLL 9-18-92 1199.67
28455 INTERNAL REVENUE SERVICE PAYROLL 9-18-92 32.00
28456 INTL UNION OF OPERATING ENG SEPTEMBER 92 UNION DUES 1270.00
28457 MEDCENTERS HEALTH PLAN INC OCTOBER 92 HEALTH INSURANCE PREMIUM 17789.85
28458 MEDICA CHOICE OCTOBER 92 HEALTH INSURANCE PREMIUM 43311. 75
28459 VOID OUT CHECK 0.00
28460 MN TEAMSTERS CREDIT UNION PAYROLL 9-18-92 25.00
28461 EXECUTIVE DIRECTOR-PERA PAYROLL 9-18-92 40226.65
28462 EXECUTIVE DIRECTOR-PERA PAYROLL 9-18-92 110.0C
28463 EXECUTIVE DIRECTOR-PERA OCTOBER 92 LIFE INSURANCE PREMIUM 201.0C
28464 UNITED WAY PAYROLL 9-18-92 164.5C
28465 JASON-NORTHCO L P #1 OCTOBER 92 RENT-LIQUOR STORE 6077.0E ,466 WELSH COMPANIES OCTOBER 92 RENT-LIQUOR STORE 6435.47
467 WELSH COMPANIES OCTOBER 92 RENT-CITY HALL 22049.4E
468 INFORMATION REQUIREMENTS CLEARING BOOKS-ADMINISTRATION 119.2C
28469 AWWA RESEARCH FOUNDATION CONFERENCE-UTILITIES DIVISION 150.0C
258 52518
QI41B
OGroBER 6.1992
28470 AT&T CONSUMER PRODUCTS DIV SERVICE 168.46 28471 AT&T CREDIT CORPORATION SERVICE _76 28472 MINNEGASCO SERVICE 1 73 28473 NORTHERN STATES POWER CO SERVICE 334 .78 28474 U S WEST CELLULAR INC SERVICE 322.36 28475 U S WEST COMMUNICATIONS SERVICE 478.02 28476 DEAN KASTENSCHMIDT REFUND-SWIMMING LESSONS 20.00 28477 SANDRA LANGSDORF REFUND-NATURE PHOTOGRAPHY CLASS 5.00 28478 MARK SNETTING REFUND-PHEASANTS FOREVER CLASS 5.00 28479 SCOTT TAYLOR REFUND-PHEASANTS FOREVER CLASS 5.00 28480 ANN WESTLING REFUND-OUTDOOR CENTER RENTAL 32.60 28481 tiN STATE RETIREMENT SYSTEM PAYROLL 9-18-92 50.00 28482 HOLIDAY EXPO CONFERENCE-LIQUOR STORES 243.00 28483 AARP 55 ALIVE MATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 208.00 28484 FRANKENSTEIN CREATIONS -FACE PAINTING FOR OKTOBERFEST-SPECIAL 200.00 EVENTS PROGRAM
28485 NORWOOD YOUNG AMERICA -ENTERTAINMENT FOR OKTOBERFEST-SPECIAL 200.0e EVENTS PROGRAM
28486 ELK RIVER GERMAN BAND -ENTERTAINMENT FOR OKTOBERFEST-SPECIAL 500.00 EVENTS PROGR AM
28487 S G EDELWEISS ST PAUL -ENTERTAINMENT FOR OKTOBERFEST-SPECIAL 250.00 EVENTS PROGRAM
28488 JOEL WESTACOTT SOUND TECHNICIAN FOR OKTOBERFEST-SPECIAL 120.00 28489 GORDON KLEHR HORSE DRAWN HAYRIDES FOR OKTOBERFEST-300.00 28490 PETTY CASH -CHANGE FUND FOR OKTOBERFEST-SPECIAL 100.00
EVENTS PROGRAM
28491 MARY BOYCE REFUND-GYMNASTICS CLASS 22.00 28492 JUNE & GORDON GILBERT REFUND-DEFENSIVE DRIVING CLASS e OO 28493 JILL KOEPPLIN REFUND-SKATING LESSONS 67 28494 JEAN & KEN LINWICK REFUND-DEFENSIVE DRIVING CLASS 10.00 28495 DIANE PFLEPSEH REFUND-GYMNASTICS CLASS 22.00 28496 KATHY POMERANTZ REFUND-SWIMMING LESSONS 17.00 28497 EAGLE WINE CO WINE 612.05 28498 GRIGGS COOPER & CO INC LIQUOR 17530.48 28499 JOHNSON BROTHERS LIQUOR CO LIQUOR 23958.70 28500 PAUSTIS & SONS CO WINE 31.45 28501 ED PHILLIPS & SONS CO WINE 12532.34 28502 PRIOR WINE CO WINE 3551.03 28503 QUALITY WINE & SPIRITS CO LIQUOR 10675.05 28504 THE WINE COMPANY WINE 258.50 28505 GOVERNMENT TRAINING SERVICE CONFERENCE-CITY MANAGEMENT STAFF 375.00 28506 ADT SECURITY SYSTEMS -FIRE ALARM SYSTEM UPGRADE-POLICE BLDG/ 1054.36 PUBLIC WORKS BLDG
28507 ADVANCED GRAPHIC SYSTEMS INC INK JET PRINTER CARTRIDGES-POLICE DEPT 217.15 28508 AIRSIGNAL INC -PAGER SERVICE-POLICE DEPT/FIRE DEPT/ 398.12 COMMUNITY CENTER
28509 ALPHA VIDEO & AUDIO RADIO-POLICE DEPT 212.68 28510 ALPINE HEATING & COOLING REFUND-MECHANICAL PERMIT 10.5e 28511 AMERICAN EXCELSIOR CO EROSION CONTROL MAT-PURGATORY CREEK TRAILS 251.0L 28512 AMERICAN LINEN SUPPLY CO UNIFORMS-FACILITIES DEPT 20.31 28513 AMERICAN RED CROSS -WATER SAFETY & LIFEGUARD TRAINING-POOL 169.21 LESSONS
28514 ANCHOR PAPER COMPANY COpy PAPER-POLICE DEPT 1.5E 28515 EARL F ANDERSEN & ASSOC INC SIGNS-STREET DEPT 2E 28516 ANDERSONS COMHERICAL SERV~CES -VACANT LOTS MOWING SERVICE-SPECIAL .51 ASSESSMENTS
11089272 ~1~Dt
--- -----------
28517 ANDERSONS GARDEN EXPENSES-WATER DEPT 10.63
28518 AQUA ENGINEERING INC NOZZLES-STREET MAINTENANCE 9.45
28519 ARMOR SECURITY INC -DOOR LOCKSET REPLACED-POLICE BLDG/ 373.95 • -DISASSEMBLED MOTORCYCLE IGNITION HOUSING
-& FIT KEYS-POLICE DEPT/SECURITY SYSTEM
MAINTENANCE AGREEMENT-OUTDOOR CENTER
28520 ASTLE FORD INTL INC GAUGE/SPEED AXLE SWITCHES-EQUIPMENT MAINT 498.01
28521 B & STOOLS -DRILL SET/COVER/DRILL BITS/IMPACT SOCKET/ 261.67
-MIRRO/MAGNET/SAFETY STRAPSITEMPERATURE
PROBE-EQUIPMENT MAINTIWATER DEPT
28522 KENT BARKER EXPENSES-CITY COUNCIL 30.73
28523 PAT BARKER MILEAGE-HUMAN RESOURCES DEPT 10.00
28524 ANNETTE BEACH MILEAGE/EXPENSES-POLICE DEPT 22.96
28525 BECKER ARENA PRODUCTS INC ADHESIVEIMATS/SEALER-COMMUNITY CENTER 482.32
28526 BELL ATLANTIC TRlCON LEASING CORP -OCTOBER 92 COPIER LEASE AGREEMENT-POLICE 358.68
DEPT
28527 BENSHOOF & ASSOCIATES INC SERVICE-LEONA RD TRAFFIC SIGNAL 1502.20
28528 BETH BEUTELL RIBBONS-HISTORICAL & CULTURAL COMMISSION 7.19
28529 BIFFS INC SEPTEMBER 92 WASTE DISPOSAL-PARK MAINT 2333.19
28530 LOIS BOETTCHER -MINUTES-PARK RECREATION & NATURAL 71.78
RESOURCES COMMISSION
28531 BOYD OIL DISTRIBUTING -GREASE/OIL/OIL ANALYSIS KIT-EQUIPMENT 1295.30
MAINTENANCE
28532 BRISSMAN KENNEDY INC PULLEYIBELT-FACILITIES DEPT 15.23
28533 BROADWAY AWARDS -TROPHIES/PLAQUES-ORGANIZED ATHLETICS 783.32
PROGRAM
28534 BRO-TEX INC TOWELS-FACILITIES DEPT 336.46
28535 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINTENANCE/PARK MAINTENANCE 738.86
28536 BSN SPORTS -VOLLEYBALL NETS-ORGANIZED ATHLETICS 290.40
.537
PROGRAM
BUCKINGHAM DISPOSAL INC -SEPTEMBER 92 WASTE DISPOSAL-EQUIPMENT 134.99
MAINTENANCE/LIQUOR STORE
28538 BUREAU OF BUSINESS PRACTICE SUBSCRIPTION-FIRE DEPT 137.28
28539 BUREAU OF CRIMINAL APPREHENSION SCHOOL-FIRE DEPT 120.00
28540 BUSINESS DEVELOPMENT SALES INC DRYERIELEVATED STEEL BASE-FIRE STATION 2034.15
28541 BUSINESS HEALTH SERVICES -CONFERENCE-SAFETY DEPT/POLICE DEPTIBLDG 45.00
INSPECTIONS DEPT
28542 BUSINESS MACHINES SALES & SVC TYPEWRITER REPAIR-COMMUNITY CENTER 58.0C
28543 CAPITOL COMMUNICATIONS -BARREL/CONNECTORS/ANTENNA CABLE/CELLULAR 784.62
-PHONE INSTALLATION/PEDESTALS/PHONES-
POLICE DEPT/CIVIL DEFENSE DEPT
28544 CARLSON REFRIGERATION CO INC DRAIN REPAIR-LIQUOR STORE 82.0S
28545 CBIS INC NETWORK SOFTWARE UPGRADE-POLICE DEPT 386.0C
28546 CEDAR COMPUTER CENTER INC COMPUTER SOFTWARE UPGRADE-EQUIPMENT MAINT 1224. n
28547 CENTRAIRE INC FURNACE REPAIR-PUBLIC WORKS BUILDING 86.0t
28548 CHEMLAWN LATE SUMMER LAWN CARE-WATER DEPT 281.6C
28549 CLASSIC POOLS PLUS INC -CHEMICALS/SLIDES/SLIDE COMPARITOR-POOL 361.51
MAINTENANCE
28550 COMMERCIAL ASPHALT CO BLACKTOP-PARK MAINTENANCE 5133.4£
28551 CONNECTING POINT/DATA SOURCE COMPUTER PARTS-EQUIPMENT MAINTENANCE 178.9~
28552 CONNEY SAFETY PRODUCTS -SECURITY LITE/FLASHLIGHTS/LAMPSIMAG-LITE 63.7C
HOLSTER-SAFETY DEP
28553 CONTINENTAL LOOSE LEAF INC 3 RING BINDERSITABS-CIVIL DEFENSE DEPT 387.0E
28554 CONTINENTAL SAFETY EQUIP INC LUMBAR ROLLSIBACK CUSHIONS-SAFETY DEPT 119.7£
.105118
OCl'OBER 6.1992
28555 COPIER ALTERNATIVES -COPIER MAINTENANCE AGREEMENT-HUMAN 94.74
RESOURCES DEPl' "2~6 28556 COPIES NOW COPY OF CITY WEST FILE-ROWLAND ROAD
28557 CORNERSTONE ADVOCACY SERVICE -2ND QUARTER 92 SERVICE FOR BATTERED WOMEN-
COMMUNITY SERVICES DEPl'
28558 CORPORATE RISK MANAGERS INC OCTOBER 92 INSURANCE CONSULTANT SERVICE 700.00
28559 BARBARA CROSS MILEAGE-PARK PLANNING DEPT 140.00
28560 CROWN MARKING INC NAME PLATES-LIQUOR STORES 24.32
28561 CUMMINS DIESEL SALES INC VEHICLE ENGINE REPAIR-EQUIPMENT MAINT 1307.76
28562 CURTIS INDUSTRIES INC -KEY BLANKS/DRILL BITS/SCREWS/SURFACE 361.90
CLEANER/CLEVIS PINS-EQUIPMENT MAINTENANCE
28563 CUSTOM COACH RV & MARINE -COMMUNICATIONS VAN RENOVATION-POLICE DEPl'/ 13567.38
CIVIL DEFENSE DEPl'
28564 DALCO CLEANING SUPPLIES-WATER DEPl' 315.25
28565 J H DAHLMEIER ENGR INC -SERVICE-PEDESTRIAN BRIDGE-PURGATORY CREEK . 1269.53
TRAILS
28566 CRAIG W DAWSON MILEAGE/EXPENSES-ADMINISTRATION DEPl' 63.50
28567 DEALER AUTOMOTIVE SERVICES INC ANTENNA ADAPTORS-EQUIPMENT MAINTENANCE 16.50
28568 DECORATIVE DESIGNS OCTOBER 92 SERVICE-CITY HALL 50.14
28569 DELTA INDUSTRIES MFG INC FIRE HOSE TESTERS-FIRE DEPT 5301.35
28570 HILLARY DEPARDE -EXPENSES FOR DRAMA CAMP-PERFORMING ARTS 46.27
PROGRAM
28571 DPC INDUSTRIES INC FERRIC SULFATE-WATER DEPT 4944.01
28572 DRISKILLS NEWMARKET -EXPENSES-CITY HALL/COMMUNITY CENTER/ 664.59
SENIOR CENTER
28573 DRISKILLS NEWMARKET EXPENSES-POLICE DEPT 16.53
28574 DUKART/JOHNSON GARAGE DOOR REPAIR-TECHNOLOGY DRIVE BLDG 395.04
28575 EASTMAN KODAK COMPANY COPIER MAINTENANCE AGREEMENT-CITY HALL .g 28576 ECOLAB PEST ELIMINATION DIVISION SEPTEMBER 92 PEST CONTROL-FIRE STATIONS
28577 EDENBLOOM FLORAL EXPENSES-LIQUOR STORE 63.90
28578 CITY OF EDINA AUGUST 92 WATER TESTS-WATER DEPT 260.00
28579 EDINA S W PLUMBING DRAIN/TRAP-PUBLIC WORKS BLDG 58.50
28580 DEB EDLUND MINUTES-PLANNING COMMISSION 125.00
28581 EKLUNDS TREE & BRUSH DISPOSAL BRUSH DISPOSAL-FORESTRY DEPl' 2490.00
28582 EDEN INCENTIVES & PROMOTIONS FIRE PREVENTION SUPPLIES-FIRE DEPT 423.72
28583 EDEN PRAIRIE FORD GUARD/GEAR-EQUIPMENT MAINTENANCE 70.87
28584 EUGEN R ELLEFSON SOFTBALL OFFICIAL/FEES PAID 283.7f:
28585 EMPRO CORPORATION VACUUM REPAIR-POLICE BLDG 142.1C
28586 CHRIS ENGER SEPTEMBER 92 EXPENSES-PLANNING DEPT 262.0C
28587 ENVIROCON SERVICES SERVICE-FREON TESTING-COMMUNITY CENTER 870.00
28588 EPR INC WASTE DISPOSAL-PARK MAINTENANCE 174.45
28589 EXPRESS MESSENGER SYSTEMS INC -POSTAGE -CITY HALL/S W METRO-TO BE 121.1/3
REIMBURSED
28590 FALCON FIRE PROTECTION FIRE SPRINKLER IMPROVEMENTS-LIQUOR STORE 775.0C
28591 FEED RITE CONTROLS INC CHLORINE-WATER DEPT 890.0~
28592 FIDELITY PRODUCTS CO -ELECTRONIC MAP MEASURE/BLADESjKNIFE-PARK 176.2E
PLANNING DEPT
28593 FIRST TECH COMPUTER -COMPUTER TURBONET CONNECTOR~HUMAN 40.1E
RESOURCES DEPT
28594 THE FITNESS STORE -VERSA BAR/EXERCISE EQUIPMENT-FITNESS 228.9£
CENTER
28595 MILT & C J FLOYD -SQUARE DANCE INSTRUCTORS-ADULT PROGRAMS/ 475.5C
FEES PAID .1: 28596 FLOYD SECURITY -SECURITY SYSTEM MAINTENANCE AGREEMENT-
LIQUOR STORES
4126188
JllfZ E
, t . ~ "
OCTOBER 6.1992
28597 FRANKLIN INTL INSTITUTE INC OFFICE SUPPLIES-HUMAN RESOURCES DEPT 167.72
.8598 LYNDELL FREY -VOLLEYBALL OFFICIAL/FEES PAID/GAS-SPECIAL 106.00
TRIPS & EVENTS PROGRAM
8599 R E FRITZ EXPENSES-FIRE DEPT 423.00
28600 FRONT LINE PLUS FIRE & RESCUE WOOD AXE HANDLESIWINDSHIELD SAW-FIRE DEPT 589.78
28601 FUNK HANECY DISTRIBUTORS CERAMIC TILE-FIRE STATION 80.00
28602 G T LAWN SERVICE -AUGUST 92 LAWN CARE SERVICE-PLEASANT HILL 490.00
CEMETERY
28603 GENERAL MACHINING INC ROTOR BUSHING-EQUIPMENT MAINTENANCE 45.00
28604 GENERAL SAFETY EQUIPMENT CORP GLUE-FIRE DEPT 14.99
28605 JOHN GERTZ EXPENSES-HISTORICAL INTERPRETATION PROGRAM 111.14
28606 JOSEPH GLEASON SOFTBALL OFFICIAL/FEES PAID 438.75
28607 GME CONSULTANTS INC SERVICE-COMMUNITY CENTER ADDITION 4068.50
28608 CHARLES A GOBLE EMERGENCY TECHNICIAN BAGS-FIRE DEPT 106.50
28609 GOLD STAR PRINTING INC PRINTING-FALL 92 COMMUNITY BROCHURES 4831.28
28610 GOPHER STATE ONE-CALL INC AUGUST 92 SERVICE-UTILITIES DIVISION 137.50
28611 W W GRAINGER INC -DIMMERIBAND SAW BLADES-FACILITIES DEPTI 186.27
EQUIPMENT MAINTENANCE
28612 KARLA GUIMONT VOLLEYBALL OFFICIAL/FEES PAID 55.00
28613 GUNNAR ELECTRIC CO INC -REPLACED AIR COMPRESSOR MOTOR-PUBLIC WORK 2855.51
-BLDGIREMOUNTED BULL HORN & FIXTURES-ROUND
-LAKE PARK BALL FIELDSIREPAIRED FOOTBALL
-FIELD LIGHTS-FLYING CLOUD/PVC CONNECTOR/
-CONDUITIRECEPTACLES/HAND DRYER REPAIR-
PARK MAINT
28614 HACH COMPANY LAB SUPPLIES-WATER DEPT 173.35
28615 THE HALE COMPANIES INC FUEL PUMP REPAIR-EQUIPMENT MAINTENANCE 110.00 .616 HANSEN THORP PELLINEN OLSON INC SERVICE-MILLER PARK 13796.15
617 HARMON GLASS COMPANY -WINDSHIELD REPAIRIBACK WINDOW SLIDER/ 582.36
WINDSHIELD & BRACKET-EQUIPMENT MAINTENANCE
28618 HAYDEN MURPHY EQUIPMENT CO -SPRING/PLUNGERINUTS & BOLTSIBUSHINGS-56.28
EQUIPMENT MAINTENANCE
28619 HEAD LITES CORP REFLECTORIZED JACKETS-FIRE DEPT 789.10
28620 HEAVENLY HAM -MEETING EXPENSES-HUMAN RESOURCES DEPT/ 500.00
-POLICE DEPT/ELECTIONS DEPT/CIVIL DEFENSE
DEPTIHISTORICAL & CULTURAL COMMISSION
28621 REBECCA M HELGESON VOLLEYBALL OFFICIAL/FEES PAID 55.0C
28622 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION 69.0C
28623 HENNEPIN COUNTY TREASURER FILING FEES-PLANNING DEPT 90.OC
28624 HENNEPIN COUNTY SHERIFF SWITCHES REPLACED-POLICE DEPT 161.14
28625 HENN CTY DEPT OF PROPERTY TAX POSTAGE-VOTER REGISTP~TION VERIFICATIONS 254.84
28626 D C HEY COMPANY INC -COPIER MAINTENANCE AGREEMENT-FIRE DEPT/ 88.70
STREET MAINT/EQUIPMENT MAINT
28627 STEVE HIGLEY SOFTBALL OFFICIAL/FEES PAID 530.0C
28628 HILLCREST CAFE & CATERING -EXPENSES-CITY EMPLOYEE PICNIC-HUMAN 759.61
RESOURCES DEPT
28629 HONEYWELL PROTECTION SERVICES -CHARTS/AUGUST & SEPTEMBER 92 2460.71
-INSTRUMENTATION MAINTENANCE AGREEMENT-
WATER DEPT ~
28630 HORIZON GRAPHICS INC -PRINTING-SEPTEMBER & OCTOBER 92 COMMUNITY 4205.4C
NEWSLETTER
28631 HOSPITALITY SUPPLY CO PLASTIC HANDLES/BEER TAPS-LIQUOR STORES 327.4'
28632 HUTTON CHEMICAL DEGREASER-EQUIPMENT MAINTENANCE 254.9E
.633 EDEN PRAIRIE SCHOOL DIST 272 -BUS SERVICE-SPECIAL TRIPS & EVENTS 692.7:
PROGRAM
4066369
2Jl/D F
OCTOBER 6.1992
28634 INDUSTRIAL LIGHTING SUPPLY INC LAMPS-WATER DEPT 80.89
28635 INLAND TRUCK P~TS CO -SLIP YOKES/FLYWHEEL/U-JOINT KITS/OIL 339.50
SEALS-EQUIPMENT MAINTENANCEIWATER DEPT .8 28636 INSTY-PRINTS -PRINTING-BOARD & COMMISSION APPLICATION
-FORMS-HUMAN RESOURCES DEPT/EMERGENCY
OPERATION PLANS-CIVIL DEFENSE DEPT
28637 INTERIM PERSONNEL SERVICE-PARK MAINTENANCE 4998.76
28638 lAAO DUES-ASSESSING DEPT 105.00
28639 IALEP TREASURER DUES-POLICE DEPT 20.00
28640 INTERSTATE DETROIT DIESEL INC -LADDER TRUCK TRANSMISSION & ENGINE REPAIR-2869.14
EQUIPMENT MAINTENANCE
28641 BRUCE ISAACS -SOFTBALL/VOLLEYBALL & BASKETBALL OFFICIAL! 188.25
FEES PAID
28642 GARY ISAACS -SOFTBALL OFFICIAL/OFFICIALS COORDINATOR/ 1022.50
FEES PAID
28643 ITS A KEEPER -MEDALLIONS/ENGRAVINGINECK RIBBONS-HUMAN 1871.05
RESOURCES DEPT
28644 PETER IVERSEN MILEAGE-HUMAN RIGHTS & SERVICES COMMISSION 22.50
28645 JOHNSON CONTROLS -FILTERS/COMBUSTION AIR DAMPER SWITCH 1874.03
-REPAIRED/INSTALLED MANUAL AUTO SWITCH IN
-ZAMBONI ROOMIMAINTENANCE AGREEMENT-
COMMUNITY CENTER
28646 JUSTICE PLANNING & MGMT BOOK-POLICE DEPT 40.00
28647 J J KELLER & ASSOCIATES INC MANUALS-SAFETY DEPT 134.03
28648 PAM KLOOS EXPENSES-KIDS KORNER PROGRAM/CENTER CARE 87.01
28649 KNUTSON CONSTRUCTION CO REFUND-OVERPAYMENT OF SAC CHARGES 12800.00
28650 LEONARD J KOEHNEN -SERVICE-RADIO TOWER-POLICE DEPTIELEVATED 1701.68
WATER TANK DEVELOPMENT
28651 LAB SAFETY SUPPLY SAFETY GLASSES-SAFETY DEPT .72 28652 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 1 52
28653 LAKELAND FORD TRUCK SALES INC -CONTROL & VALVE ASSEMBLIESIBRACE/SUPPORT 1084.29
-ASSEMBLIES/COOLANT LEAK REPAIR-EQUIPMENT
MAINTENANCE
28654 ROBERT LAMBERT -SEPTEMBER 92 EXPENSES-PARK & RECREATION 200.00
DEPT
28655 LAW ENFORCEMENT TV NETWORK TV NETWORK SERVICE-POLICE DEPT 388.00
28656 SUZANNE LANE -YARDSTICKS/SANDWICH BAGSIMASKING TAPEI 45.00
TRANSPARENT TAPE-ELECTIONS DEPT
28657 LANG PAULY & GREGERSON LTD AUGUST 92 PROSECUTION SERVICE-POLICE DEPT 9692.70
28658 ROBERT LANZI MILEAGE-ATHLETICS SUPERVISOR 63.75
28659 LARKIN HOFFMAN DALY & LINDGREN LT -AUGUST 92 LEGAL SERVICE-WETLAND PERMIT 659.91
ISSUES
28660 L M CIT LIABILITY INSURANCE 44839.50
28661 LEEF BROS INC COVERALLS-EQUIPMENT MAINTENANCE 131.04
28662 F B LEOPOLD COMPANY INC FLEXI-JET CAPS-WATER DEPT 522.50
28663 LOGIS AUGUST 92 SERVICE 9589.65
28664 THE LOFT T-SHIRTS-HISTORICAL & CULTURAL COMMISSION 824.9C
28665 LYMAN LUMBER CO PLYWOOD-STREET DEPT 102.9:L
28666 MACQUEEN EQUIPMENT INC -DIRT SHOE RUNNERSIBEARINGS/ROLLERS/DRIVE 1419.4~
-CHAINIBELTS/MOTORIBUBBLE WINDOW-EQUIPMENT
MAINTENANCE
28667 RODERICK MACRAE -MILEAGE/GAS/EXPENSES-OUTDOOR CENTER 309.0~
PROGRAMS
28668 MASTER CRAIT LABELS INC JR POLICE OFFICER LABELS-POLICE DEPT .OC 28669 MASYS CORPORATION -SEPTEMBER 92 COMPUTER HARDWARE & SOFTWARE 7C
MAINTENANCE AGREEMENT-POLICE DEPT
10185413
'l 'Ui G {.:\ I /
28670 MBA DESKTOP PUBLISHING PLUS -TYPESETTING FLYERS-OUTDOOR CENTER PROGRAM/ 234.80
SUNBONNET DAY-HISTORICAL & CULTURAL COMM
28671 JACK MCKUSKY -DAY CAMP & ACTIVITY CAMP INSTRUCTOR/FEES 200.00
PAID .672 BRETT MCMAHON SOFTBALL OFFICIAL/FEES PAID 30.00
8673 MEDICAL OXYGEN & EQUIP CO HELIUM/OXYGEN-FIRE DEPT 68.70
28674 MEDICINE LAKE LINES BUS SERVICE-SENIOR CITIZENS PROGRAMS 201.00
28675 MENARDS -TAPE MEASURES/FIBERGLASS/GARBAGE BAGS/ 818.77
-CONCRETE MIXIBULBSINAILSIHARDWARE CLOTH/
-SCREWITIMBERS/PLywooDIBASE COVE/HAND
-TRUCK/CARRIAGE BOLTS-POLICE DEPT/STREET
-MAl NT/PARK MAINT/COMMUNITY CENTER/LIQUOR
STORE
28676 CRYSTAL MESSMORE REFUND-OVERPAYMENT UTILITY BILLING 14.38
28677 METRO LEGAL SERVICES INC -TRACT SEARCH-HOUSING REHABILITATION 25.00
PROGRAM
28678 METRO PRINTING INC FORMS-FIRE DEPT 60.70
28679 METRO SALES INC COPIER MAINTENANCE AGREEMENT-COMMUNITY CTR 2445.00
28680 METROPOLITAN WASTE CONTROL COMM OCTOBER 92 SEWER SERVICE 169118.00
28681 METROPOLITAN WASTE CONTROL COMM AUGUST 92 SAC CHARGES 60984.00
28682 MID-CO SECURITY SYSTEMS INC -SECURITY VIDEO SWITCHER REPAIRED/MONITOR 120.91
REPAIR-POLICE DEPT
28683 MIDFORMATION INC RIBBON-POLICE DEPT 63.74
28684 MIDLAND EQUIPMENT CO STEEL PLATE-EQUIPMENT MAINTENANCE 52.90
28685 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINT/PARK MAINT 20769.93
28686 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/POLICE DEPT 942.09
28687 MIDWEST MACHINERY INC PIN/LEFT ARMIWASHER-EQUIPMENT MAINTENANCE 156.62
28688 MINNCOMM PAGING -SEPTEMBER 92 PAGER SERVICE-STREET MAINT/ 76.69
UTILITIES DIVISION .689 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES 894.06
690 MN CONWAY FIRE & SAFETY SPANNER WRENCHES-FIRE DEPT 76.68
28691 MN REAL ESTATE JOURNAL INC SUBSCRIPTION-PLANNING DEPT 89.00
28692 MINNESOTA SAFETY COUNCIL INC PUBLICATION-SAFETY DEPT 25.00
28693 MINNESOTA SPORTS FEDERATION -SHIPPING FOR FOOTBALL MATERIALS-ORGANIZED 4.00
ATHLETICS PROGRAM
28694 MINNESOTA STATE TREASURER AUGUST 92 BUILDING SURCHARGES 6909.05
28695 MINNESOTA SUPPLY COMPANY 12 VOLT BATTERY-WATER DEPT 173.1C
28696 MINNESOTA VALLEY LANDSCAPE INC -TREESITREES MOVED-FORESTRY DEPT/LEONA RD 3945.0C
IIMPROVEMENTSjREGIONAL CENTER RD
28697 SANDY MITCHELL POUCHES-CIVIL DEFENSE DEPT 13.5'7
28698 R E MOONEY & ASSOCIATES INC ALTITUDE VALVE-WATER DEPT 1586.8E
28699 MTI DISTRIBUTING CO ROLLERIBLADES-PARK MAINTENANCE 264.4E
28700 NATL FIRE PROTECTION ASSN FIRE PREVENTION BROCHURES-FIRE DEPT 619.75
28701 BETH NILSSON SKATING DIRECTOR/FEES PAID 77.6::
28702 NORTHLAND BUSINESS COMMUNICATIONS TONER CARTRIDGES-POLICE DEPT 169.0E
28703 NTC ENTERPRISES REFUND-HYDRANT METER DEPOSIT 209.0E
28704 OHLIN SALES INC BATTERY-FIRE DEPT 59.9J
28705 OPPORTUNITY WORKSHOP INC REFUSE PICKUP-PARK MAINTENANCE 520.0C
28706 P & H WAREHOUSE SALES INC -CONTROL HANDLES/SOLENOID ASSEMBLIES/ 384.4~
-WRENCHESIROTORS/CONNECTOR/SPRINKLER HEADS-
PARK MAINTENANCE
28707 P&M MANUFACTURING CO FAUCET REPAIR KIT-COMMUNITY CENTER 63.8~
28708 JERRY PARNHAM SOFTBALL OFFICIAL/FEES PAID 65.0<
28709 PEAK STAFFING INC MINUTES-HISTORICAL PRESERVATION COMMITTEE 363.7!
.7289652
ocrOBER 6.1992
28710 PEDERSON SELLS ~QUIPMENT CO INC -GASKET/SEALS/SPOOL SHAFTS/HOSE ENDS/ 1427.75
-COUPLINGS/DUST PLUG/vALVE BANK-EQUIPMENT
"29
MAINTENANCE/FORESTRY DEPT
28711 CHERYL PETERSEN QUIT SMOKING PROGRAM-HUMAN RESOURCES DEPT
28712 PETERSON CLEANING CARPET CLEANING-LIQUOR STORE 150.00
28713 PITNEY BOWES INC POSTAGE METER RENTAL-CITY HALL 150.17
28714 PLEHAL BLACKTOPPING INC PAVER RENTAL-STREET MAINTENANCE 915.00
28715 PRAIRIE ELECTRIC COMPANY INC -REPLACED BALLAST/FAN REPAIR/INSTALLED 835.40
-MOTION SENSOR/SWITCH-FACILITIES DEPT/
COMMUNITY CENTER
28716 PRAIRIE OFFSET PRINTING -PRINTING FORMS/FLYERS-POLICE DEPT/FIRE 1915.35
-DEPT/SENIOR CENTER/COMMUNITY CENTER/
HISTORICAL INTERPRETATION PROGR ~
28717 PRAIRIE RESTORATIONS INC PRAIRIE PLANTS-OUTDOOR CENTER 559.12
28718 PREVENTION PLUS INC INJURY PREVENTION CONSULTING-SAn~TY DEPT 225.00
28719 PROFESSIONAL DEVELOPMENT VALUING DIVERSITY CONFERENCE-CI'fY STAFF 8253.75
28720 THE PROMOTION GROUP JACKETS-HUMAN RESOURCES DEPT/SAFETY DEPT 138.14
28721 PSQ BUSINESS COMMUNICATIONS INC -TELEPHONE REPAIR-FIRE STATION/CITY HALL/ 704.15
TELEPHONE & HEADSET-ENGINEERING DEPT
28722 PSQ LEASING & MAINTENANCE -3RD QTR TELEPHONE MAINTENANCE AGREEMENT-1465.50
FACILITIES DEPT
28723 PUMP & METERS SERVICE INC -HYDRASEAL KIT & REPAIR/HOIST OIL-221.67
EQUIPMENT MAINTENANCE
28724 R & R SPECIALTIES INC -ZAMBONI BLADES SHARPENEDILEAF !;?RING & 42.80
BRACKET-COMMUNITY CENTER
28725 RAINBOW FOODS -EXPENSES-FIRE DEPTIROUND LAKE BEACH/ 553.26
OUTDOOR CENTER/SENIOR CENTER
28726 RECREONICS CORPORATION -HAND PADDLES/ALUMINUM POLES/THROW ROPES-.51 POOL OPERATIONS
28727 RESPOND SYSTEMS SAFETY VESTS-STREET DEPT 98.15
28728 RICHARDS ASPHALT COMPANY SEALCOATING-STREET MAINTENANCE 261.46
28729 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-BRIDGE ABUTMENTS DESIGN 4780.31
28730 RITZ CAMERA CAMERA REPAIR/PRINTS-POLICE DEPT/FIRE DEPT 13.82
28731 ROGERS SERVICE STARTER-EQUIPMENT MAINTENANCE 75.56
28732 ROSEWAY ENTERPRISES -WEED WHIPPING/MOWING/ROTOTILLING SERVICE-175.00
CUMMINS GRILL HOMESTEAD
28733 RUFFRIDGE JOHNSON EQUIPMENT CO VIBRATORY PACKER-STREET MAINTENANCE 1065.00
28734 RYANS RUBBER STAMPS -RUBBER STAMPS-ENGINEERING DEPT/EQUIPMENT 41.54
MAINT/WATER DEPT
28735 S K WELL & PUMP INSPECTIONS PUMP & METER INSPECTIONS-WATER DEPT 243.40
28736 SALLY DISTRIBUTORS INC -TOYS & GAMES FOR EMPLOYEE PICNIC-HUMAN 72.21
RESOURCES DEPT
28737 SANCO INC -CLEANING SUPPLIES-FACILITIES DEPT/ 567.41
COMMUNITY CENTER
28738 SAVOIE SUPPLY CO INC SWITCH ROCKER-CITY HALL 3.37
28739 KEVIN SCHMIEG -AUGUST & SEPTEMBER 92 EXPENSES-BUILDING 400.0C
INSPECTIONS DEPT
28740 SEARS MAILBOXES-HUMAN RESOURCES DEPT 9.9E
28741 SIGN A RAMA USA -VEHICLE DOOR DECALS/STRIPS/LOGOS-314.1C
EQUIPMENT MAINTENANCE
28742 SIGNATURE CONCEPTS INC UNIFORMS-POLICE DEPT 145. 6~
28743 STEVEN R SINELL -SEPTEMBER 92 EXPENSES/CONFERENCE-ASSESSING 998.1C
DEPT
28744 SIR SPEEDY PRINTING CENTER PRINTING FORMS-ASSESSING DEPT .5( 28745 SOFTWARE ETC WORDPERFECT SOFTWARE-POLICE DEPT .5,
2759794
21QY;1.
OCTOBER 6.1992
28746
•
747
748
749
28750
28751
28752
28753
28754
28755
28756
28757
28758
28759
28760
SOUTHAM BUSINESS COMMUNICATIONS LEGAL PUBLICATIONS-ENGINEERING DEPT
SOUTHSIDE LAWN CARE MOWING SERVICE-STREET MAINTENANCE
SOUTHWEST SUBURBAN CABLE -4TH QUARTER 92 OPERATING BUDGET
SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-LIQUOR STORE/CITY HALL
SOUTHWEST SUBURBAN PUBLISH INC LEGAL PUBLICATIONS-ADMINISTRATION DEPT
SPS COMPANIES FLUSH VALVE-PARK MAINTENANCE
SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPTIWATER DEPT
STAHL CONSTRUCTION REFUND-HYRANT METER DEPOSIT
STANDARD REGISTER RIBBONS-FINANCE DEPT
STERLING GROUP INC SERVICE-CPT ACQUISITION PHASE
STREICHERS PROFESSIONAL POLICE EQ VEST OUTERSHELLIBATTERIES-POLICE DEPT
SUBURBAN RATE AUTHORITY DUES-CITY COUNCIL
NATALIE SWAGGERT SEPTEMBER 92 EXPENSES-HUMAN RESOURCES DEPT
SWEDLUND SEPTIC SERVICE WASTE DISPOSAL SERVICE-PARK MAINTENANCE
TARGET STORES -SOCCER BALLS/VOLLEYBALLS/FOOTBALLS-FlRE
-DEPT/FILE CABINETS-YOUTH RECREATION
PROGRAM SUPERVISOR
28761 TARPS INC TAILGATE ENDS-FIRE DEPT
28762 TENNANT COMPANY
28763
28764
28765
28766
28767
28768
28769
tl 770
771
772
28773
28774
TELLUS CONSULTANTS INC
GARY THERKELSEN
THOR CONSTRUCTION
JEANE THORNE INC
TIERNEY BROTHERS INC
TOTAL REGISTER SYS
TRIO SUPPLY COMPANY
SHARI TRITCH
E JOHN TROMBLEY
TURF SUPPLY COMPANY
TURNQUIST INC
TWIN CITY OXYGEN CO
28775 UNITED STORES
28776
28777
28778
28779
28780
28781
28782
28783
28784
28785
28786
UNIFORMS UNLIMITED
UNLIMITED SUPPLIES INC
. RAMONA UPENS
VALERIES FRESH FLOWERS
VESSCO INC
VICOM INC
VIKING LABORATORIES INC
VOSON PLUMBING INC
VOSS LIGHTING
WALDOR PUMP & EQUIP CO
WATERPRO
28787 WBCS
28788 SANDRA F WERTS
411J789 WEST WELD
3718884
-HYDRAULIC SHAFT & BEARING/SEAL KIT-
EQUIPMENT MAINTENANCE
SERVICE-HISTORIC SITES SURVEY
CONFERENCE EXPENSES-POLICE DEPT
REFUND-HYDRANT METER DEPOSIT
MINUTES-PLANNING COMMISSION
SIGNS-POLICE DEPT
CASH REGISTER TAPE-LIQUOR STORE
PAPER CUPS-FACILITIES DEPT
GYMNASTICS INSTRUCTOR/FEES PAID
SOFTBALL OFFICIAL/FEES PAID
SOIL TESTS-PARK MAINTENANCE
PAPER TOWELS-FACILITIES DEPT
-OXYGEN/CARBON DIOXIDE-EQUIPMENT MAINT/
COMMUNITY CENTER
-TENT POLES/SHOCK CORD-ACTIVITY CAMP
PROGRAM
UNIFORMS-FIRE DEPT
LOCK NUT-EQUIPMENT MAINTENANCE
VOLLEYBALL OFFICIAL/FEES PAID
EXPENSES-HUMAN RESOURCES DEPT
VALVE YOKE-WATER DEPT
-SEPTEMBER 92 WIRE MAINTENANCE AGREEMENT-
COMMUNITY CENTER
CHEMICALS-POOL OPERATIONS
INSTALLED WATER LINE VALVES-COMMUNITY CTR
LIGHT BULBS-PARK MAINTENANCE
FLOAT SWITCHESIWEAR RINGS-SEWER DEPT
-WATERMAIN VALVE BOX RISERS/MARKERSIVALVE
-BOX KEY/MASONRY SAWBLADES/SPANNER
-WRENCHES/5/8 X 3/4 100 GAL METERS-STREET
MAINTENANCEIWATER DEPT
-SIGNS/FLYERS-HISTORICAL INTERPRETATION
PROGRAM
MILEAGE/EXPENSES-ADULT & SENIOR PROGRAMS
-WIRE BRUSHES/GRINDING DISCS/ELECTRODES-
EQUIPMENT MAINTENANCE
337.08
287.55
4600.07
208.80
444.45
148.74
348.30
288.16
83.82
2400.00
113.61
1500.00
205.10
160.00
186.23
12.50
272.65
19000.00
33.39
598.86
72.00
78.73
52.89
61.32
319.50
231.25
30.35
348.89
137.29
40.20
345.05
14.94
55.0C
111.04
1212.32
7.00
168.7€
100.0C
68.6::
355.28
1913.6L
48.0C
58.9E
128.4',
28790 WINSLOW PRINTING COMPANY POLLING MAPS-ELECTIONS DEPT 1357.12
28791 WARREN WOLF -PLIERSIBLOW GUN/RUBBER TIP/DRILL BITS/ 104.43
HANDLES/EXTRACTORS-EQUIPMENT MAINTENANCE
28792 ZEE MEDICAL SERVICE -1ST AID SUPPLIES-EQUIPMENT MAINTENANCE/ 1 53
COMMUNITY CENTER
28793 ZIEGLER INC -CATERPILLER RENTAL-STREET MAINT/ADAPTER/ 6 .62
-GASKETS/DIAPHRAGM/SEALS/ENGINE REPAIR-
EQUIPMENT MAINTENANCE
28794 BRAD ZIOLA SOFTBALL OFFICIAL/FEES PAID 65.00 11000 AMERICAN NATIONAL BANK BOND PAYMENTS 20378.77
11000 NORWEST BANK BOND PAYMENTS 167998.75 22000 CITY COUNTY CREDIT UNION PAYROLL 9-4-92 16074.96
22000 MN DEPT OF REVENUE PAYROLL 9-18-92 16257.21
33000 CITY COUNTY CREDIT UNION PAYROLL 9-4-92 5228.00 33000 CITY COUNTY CREDIT UNION PAYROLL 9-18-92 5228.00
44000 MN DEPT OF REVENUE AUGUST 92 SALES TAX 32774.63 55000 BERMEL INVEST /SMABY INVEST LAND PURCHASE-WALMART 180369.05 25897 VOl D OUT CHECK 388.00-
27543 VOID OUT CHECK 3424.00
28126 VOID OUT CHECK 662.34-
28137 VOID OUT CHECK 726.00-
28286 VOID OUT CHECK 8194.00 28316 VOID OUT CHECK 399.96
43272877
$1545460.71
•
•
• DISTRIBUTION BY FUNDS
10 GENERAL
11 CERTIFICATE OF INDEBT
12 CERTIFICATE DEBT FUND
15 LIQUOR STORE -P V M
17 LIQUOR STORE -PRESERVE
18 LIQUOR STORE -PRAIRIEVIE
20 CEMETARY OPERATIONS
23 HERITAGE PRESERVATION
25 TRANSIT SYSTEM
31 PARK ACQUIST & DEVELOP
33 UTILITY BOND FUND
37 CIC 2ND SHEET ICE
39 92 PARK REF IMP
43 77 FIRE DEBT FUND
44 UTILITY DEBT FUND
45 UTILITY DEBT FUND ARB
62 IMPROVEMENT CONST FD
63 92 STATE AID DEBT
73 WATER FUND
77 SEWER FUND
81 TRUST & ESCROW FUND
til COMMUNITY DEVELOP GRANT
TAX INCREMENT CONSTRUCTIO
TAX INCREMENT DEBT FUND
$1545460.71
•
681863.46
10272.50
20175.00
33870.26
31761.58
54449.45
490.00
19000.00
5.12
1666.12
2900.78
10890.95
16424.98
70622.50
80000.00
26030.02
2410.60
200.00
59264.96
236506.25
2016.35
25.00
184014.83
600.00
•
•
•
REQUEST:
SUMMARY OF BOA'S REVIBv ON
ON
EI:WARDS DECK
18625 JACQUES COURT
Constru.ct a deck within 23 feet
of the front property line
(Olennault Way)
EXISTING CONDITIONS:
Horne has two front yards. The
horre is setback 34 feet from
the front lot line abutting
Olennaul t Way and 30 feet
from the front lot line
abutting Jacques Court.
A deck exists in the rear yard.
Argue roved, Anderson seconded, to
approve the variance because the
potential existed that the builder &
rea~~or misrepresented the home.
r~otion failed.
9-10-92
M:eting
JJ
REASCNS 4 OF THE 6 BOA MEMBERS VOIED AGAINST 'IRE MarION TO APPROVE THE
VARIANCE:
-house has an existing deck in the rear yard , expansion is possible;
-there remains reasonable use of the horre and yard.
-options exist for utilizing the patio doors,i.e., a landing and
stairs to the ground or patio, decorative planter and retaining
wall design to allow ingress and egress.
-a deck in the front yard will face the front yards of other
homes and is uncharacteristic in residential neighborhoods.
-patio doors could be changed to a window unit.
Staff received one call in opposition to the variance (unide.'1tified) ; and four
neighbors app:ared at the rreeting in support of the variance .
UPDATE 9-14-92, Jean Johnson ,Planning Staff, met onsite with the
Edwards and their deck designer. Walkway, patio, and step options
that would meet code requriements were reviewed.
VARIANCE #92-026
CZTY OP EDEN PRAZRZE
BOARD OP APPEALS AND ADJUSTMENTS
FINAL ORDER • RE: Petition of Craig and Susan Edwards
ADDRESS: 18625 Jacques Court. Eden Prairie. Minnesota
OTHER DESCRZPTZON: ~N~/A~ ________________________________________________ __
VARZANCE REQUEST: The request is to permit the construction of a deck
within 23 feet of a front property line (30 feet
required) •
The Board of Appeals and Adjustments for the City of Eden Prairie at a
regular meeting thereof duly considered the above petition and after hearing
and examining all of the evidence presented and the file therein does hereby
find and order as follows:
1. All procedural requirements necessary for the review of said variance
have been met. (Yes __ X __ No ____ ).
2. There are circumstances unique to the property under consideration, and
granting such variances does not violate th~ spirit and intent of the
City's Zoning and Platting Code.
3. Variance Request #92-026 is herein Granted _____ , Denied x
4. Conditions to the granting _____ , denial ____ , of said variance are a.
follows: N/A
5. A copy of this order shall be forwarded to the applicant by the city
Clerk.
6. This order shall be effective September 10. 1992 ; however, this
variance shall lapse and be of no effect unless the erection or
alternatives permitted shall occur within one (1) year of the effective
date unless said period of time is extended pursuant to the appropriate
procedures prior to the expiration of one year from the effective date
hereof.
7. All Board of Adjustments and Appeals actions are subject to City Council
review.
BOARD OF APPEALS AND ADJUSTMENTS
N/A = Not Applicable BY:~~
DATED: september 10. 1992
F092026.JJ
•
EXAMPLES OF ACCESSING FRONT DOOR THAT MEET CODE SETBACKS ,
•
" .. : . i .~
,."\~ -., = •
at grade patio in front
with decorative rail
•
I
;).1 I) (
steps down to grade
landing & landscaping used
to reach elevated door
PUBLIC MEETING NOTICE
BOARD OF ADJUSTMENTS
AND APPEALS MEETING
Thursday, September 10, 1992 -7:30 PM
City Hall -7600 Executive Drive
Variance: #92-026
Location: 18625 Jacques Court
Applicant: Craig and Susan Edwards
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NOTICE: You and your neighbors are invited to attend the public meeting about a variance being requested
for a lot in your area. The land owner is requesting the following actions by the City: ,
To permit the construction of a deck within 23 feet of a front property line (30 fee
required).
QUESTIONS OR COMMENTS: If you wish to see the plans before the meeting, please stop by City
Hall during office hours, 8:00 a.m. to 4:30 p.m., Monday through
Friday. If you want to talk to someone about the proposed variance, please contact Jean Johnson, Zoning
Administrator, at 937-2262. If you choose to submit written comments, it is helpful to have one copy to the
Planning Department in advance of the meeting. Copies will be provided to the Board members in their
packets.
Notice of this public hearing has also been published in the EDEN PRAIRIE NEWS on August 27, 1992.
92026.EPN
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City of Eden Prairie
7600 Executive Drive
Eden Prairie, Mn. 55346
Board of Appeals:
August 6,1992
Whereas John Hastings, salesman representing Gardner Bros.
Builders in Eden Prairie, in the witness of Sally Bader,
representing Burnett Realty failed to inform myself and my
wife that an attached deck would require applying for a
variance since city codes would be prohibitive given the
guidelines that exist.
Whereas the sliding glass patio door off the dining room is
approximately 4 feet from ground level.
Whereas an existing home in the immediate vicinity at the
corner of Chennault and Barrington has an attached deck to
the west side of the house that does not conform to the
provisions of the city code.
Whereas an addition of a deck to the east side of the residence
adds aesthetic value, enhances the property resale value, and
will result in no restriction to the line of vision for motor
vehicles on Chennault Way.
Whereas the sliding glass door requires an addtion of decking.
and steps to ensure safe exit and entry to the residence.
It is clearly in the best interest of the city, the neighborhood,
and the home owner to approve a variance for an attached deck
to be constructed by Archadeck as per proPbsed designs included
herein at 18625 Jacques CT.
Sincerely
Craig Edwards
18625 Jacques Ct
Eden Prairie, Minn 55346
934-5823
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will be controlled through a drainage pond and fllter system.
Conditions are that landscaping plans be coordinated with the City Staff
and that non-conforming building materials be covered up. Opportunity
to deny or pass future requests can be can be linked to the building in
question. The approvat'shall include the provision that the proponent
provide a scenic conservation easement to the City. Anderson seconded
the motion.
Weeks suggested an amendment to state that all conditions in the Staff report be
complied with.
Wilkus and Anderson accepted the amendment.
Freemyer felt that the motion infers that the Board is approving pre-existing
conditions and some of the conditions are not pre-existing.
Wilkus said that the only non pre-existing condition was the impervious surface
condition and run off will be improved by the sedimentation pond and oil skimmer.
Motion passed 5-1 with Freemyer opposed.
E. Request #92-026 by Craig and Susan Edwards of 18625 Jacgues Court.
The request is to penn it the construction of a deck within 23 feet of a
front property lien (30 feet required) •
Mrs Edwards came forward to present the Variance Request. She explained that they
are a comer lot. When they came in for a building permit, they found out about the
30' distance requirement from front property lines. They have sliding glass doors on
the dining room and these are 3 112 feet from the ground. The home is narrow from
the front view and a deck would enhance it from the outside. The deck on the back is
a long ways from the kitchen in the front. They would like a deck on the side closer
to the dining room and kitchen. There is shade in that area in the afternoon and the
back deck is sunny all the time. They had met with the neighbors and all were in
favor of the deck. They have a petition signed by the neighbors favoring the deck.
They have an affidavit from the Realtor that they were not informed of the problem
when they bought the home. The comer lot causes problems. They showed photos of
the area in question. There is a home in the neighborhood that already has a deck less
than 30' from the line.
Mr Edwards said that they are on a drive through road, but it is not a major highway.
There are no sidewalks in the area and there will be landscaping done to enhance the
deck area. The neighbors are in consensus. The builder had made no comment on a
future deck when they bought the home.
Johnson said that in Rl-13.5 district, the front yard set back is 30' (from both front
yard property lines)--in this case, there are two front yard property lines .
----Board of Adjustments and Appeals ----10 Una9proved 9-10-92
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Weeks asked if the Builder portrayed a deck on the plans or if they had questioned
the builder on the grade. •
Mr. Edwards answered no, there was no indication of a deck on the plans, and no,
there was snow on the ground at the time an the grading was done three months after
they were in the house.
Weeks asked if landscaping would be done if this variance were to be granted. He
also asked why the proponent had not wanted a stairway and a patio at grade level.
Mrs. Edwards said that landscaping would be done and if the grade level option were
necessary, they would probably look at putting in a privacy fence in that case. The
area is not flat for concrete.
Harvey suggested the use of landscape timbers and steps in order to create landings
from the door to the ground.
Weeks suggested the possibility that the deck be straight across, 4' out from the house"
and step down to grade.
Weeks felt that there were other alternatives, i.e., a landing and stairs to the ground
and tree plantings to shade the other deck.
Argue said that these things are unfair to the homeowner that doors are installed and •
owners are not always aware what can be built. This is seen all the time to keep
costs down for homeowners. He felt that this could be a hardship. The design is
commendable, rather than a straight line deck.
Anderson asked about the other house in the area that had been mentioned.
Johnson answered that it was on Chenault and Barrington. It was a detached platform,
somewhat at grade. It is not attached to the house and is less than 30" high and did
not require a building permit. .
Freemyer asked if the Edwards had lived here while the home was being built.
Edwards said they lived in a hotel in Bloomington. The house was framed and roofed.
Someone had bought it and had backed out. They never saw the actual plans, but only
the floor plans.
Freemyer suggested that possibly the builder made a twelve course basement instead
of 11.
Harvey said that code requires a certain amount of light in a room. The builder may
have installed the patio doors so that the light requirement would be met. Patio or
french doors do not necessarily mean access to the outside. The lot is a large lot and •
has two front yards. It is a nice lot, a large lot, but has some restrictions. There is an
existing deck, which can be enlarged. A stairway could be put off the patio doors (or
----Board of Adjustments and Appeals ----11
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a walkway) that would lead back to the other deck. Compliance is possible without a
variance.
Brian Cosbou of 18587 Chenault Way (neighbor to the side) asked if a patio or a
fence to the project line were acceptable.
Harvey answered that they were within code guidelines.
Cosbou noted that code requires a certain amount of distance from lot lines. To the
north is an example of a home where there is only 5' of distance -what is the
reasoning?
Johnson answered that there were different zoning districts and setbacks. A 30 foot
front setback maintains uniform open space. Decks are to conform to the same
setback. Over time decks may convert to porches or full enclosed room structures.
Harvey said that fencing retains the green space.
Cosbou answered that it is retained only for those who live there .
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Pat Caphesky of 18654 Chenault said that when he bought his home, it was an
implied usage. The builder implied it and the city implied it.
Harvey said that such doors do not imply a deck -it could be an exit with a landing
and then down to grade.
Caphesky felt that a walkway would only deteriorate the house. The neighbors are
here this evening and are in favor of the request. He could see no reason to deny this
request -it would be fanatical.
Sally Boden, a Realtor, believed it is an implied use. Most buyers would assume that
they would have access to a nice deck in that area. It was the Edwards intention when
they bought it.
Sandy Peterson of 18573 Chenault Way (across the street) noted that the grade of the
home is different -block work determines the final grade. If that is done incorrectly,
why do these people have to suffer for the mistake? Now there is a four foot drop and
it is unusable as it is. It looks stupid now. At what point is it the Edwards problem,
the builders problem or an inspection proCess problem?
Johnson said it meets requirements. Many changes are made during the process of
construction that alter from a plan but still conform to regulations.
Harvey felt that a solution could be made for this problem that is within code.
Hardships are hard to define. This Board needs to consistently apply city code, not
only for the neighbors now, but for future neighbors and other neighborhoods.
---Board of Adjustments and Appeals ---12
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Sandy Peterson said that just a set of stairs would not look good in the area of the •
doors.
Pat Caphesky said that a 4' sliding glass door is not needed for a stairs. A deck would
look much better and is more pleasing than timbers.
Harvey stated that a patio can be installed at grade level with the use of timbers,
decorative block or planter units.
Caphesky said that is was their neighborhood now and they would like to have it
aesthetically pleasing.
Sally Boden said there was a problem of decreased value for the home. Realtors
would have to inform any prospective buyer that they cannot build a deck there.
Mrs. Edwards said they are asking to improve the looks of the property.
Mr. Edwards felt that the neighbors who are living in the area have a big impact on
the decision(as in the other request this evening regarding a deck) -these neighbors
should have impact also.
Wilkus said that the variance had been reduced in that case. That proponent will
remove 5' of an existing deck that was not constructed by him. Could it be reduced in
~case~ •
Mr. Edwards said that when he came down to get a permit to build the deck, he had
found out about the problem.
Freemyer said that a design change could cut the variance amount nearly in half.
Ron Johansen, the architect, asked if Freemyer was referring to cutting off the 3'
extension. This would take away from the aesthetics.
Mr Edwards asked if there was a target area that the Board was concerned about.
What direction should he take?
Weeks said that there are options. It may be prudent to come back and present
alternatives. You know what the constraints are -put ideas and constraints together
and come back and the Board will reconsider. He said that he was an architect also
and understands what the Edwards are trying to accomplish here. The Board has to
address the ordinances.
Cosbou asked how the ordinances could be changed. He could not fathom why a
concrete patio would be allowed, but not a deck.
Freemyer said it was not in the charter of the Board to second guess ordinances. The •
City can be petitioned for changes.
---Board of Adjustments and Appeals ----13
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Mrs. Edwards noted that the house on Chenault Way and Barrington (unattached
deck).If there was a stairway and the decking on the ground, would that be
acceptable?
Johnson said plans could be submitted for review.
Mr Edwards said he was totally naive -he could have asked for a much larger deck,
and then reduced it. Instead, he brought a deck plan that was reasonable and then is
still asked to shrink it up. It seems as if he should have started with a larger request.
Why are letters sent to neighbors if their opinion is not important? He got a clear
sense that the opinions of the neighbors are not important.
Mrs. Edwards said that they had applied in July -it is now two months later. This has
been disconcerting for them.
Harvey said that the reason that Eden Prairie is the community that it is, relates to the
consistency of the City and the various regulations.
Mrs Edwards said that there is inconsistency within neighborhoods (zoning and
setbacks).
Harvey said that this Board needs to deal with the issue at hand .
Argue asked where the code of ethics was (that would require disclosure of this) when
the Edwards bought the property?
These people have a case with the Builder and the Real Estate Agent. He had trusted
his agent when he bought his home. This deck would enhance the neighborhood.
MOTION: Argue moved that the Board approve Variance Request 92-026 as
presented with the hardship cited as potential misrepresentation by the
agent and the builder and potential loss of value of the home. Anderson
seconded the motion.
** Vote below, after continued discussion.
Freemyer said that State statutes say that the criteria for hardship for a variance is
that reasonable use of the property is denied. He felt the hardship needed to be
defined using that guideline.
Cosbou said that there are not absolutes, there will always be exceptions.
Mr. Edwards agreed that there was possible misrepresentation.
Harvey said that there are alternatives:
1. Ask for a vote. If denied, it can be appealed to Council within 15 days.
----Board of Adjustments and Appeals ----,14 ~lG,i
2. Request a continuance in order to present alternate designs and
reduce! eliminate variance.
3. Withdraw the request.
Harvey noted that tie votes are considered losses.
Argue noted that the deck that was discussed earlier was continued from last month's
meeting.
Mr. Edwards said he has already gone from Iuly to August to September. He is not
asking for compassion -he considered himself just a regular guy. This is costing
money and time and patience.
Freemyer said that the City Council can also make decisions on variances
Anderson said that she can identify with this situation. The proposal looks good. The
proponent tried to be conservative and not extravagant. That is an important point.
This is an issue of fairness. Others have come and the neighborhood was against it.
This Board needs to struggle to figure out a solution. She said she appreciated
Edwards conservatism .. There have been similar cases in the past that the Council has
held up or overturned. She told the Edwards that they should not hesitate to discuss it
with the Council.
Harvey said that depreciation cannot be the only factor cited as a hardship.
Mr Edwards decided that he would request a vote.
** Vote on Variance Request 92-026.
Motion was denied 2-4 with Anderson and Argue in favor and the rest opposed.
N. OLD BUSINESS
A. MIDWEST ASPHALT SAND PILE
Wilkus asked about the large sand pile on this site.
Iohnson said that it was recycled roadways.
B. GUIDELINES FOR EXTRA MEETINGS
MOTION: Wilkus moved that the guidelines be discussed at the next meeting.
Weeks seconded the motion and it passed unanimously.
----Board of Adjustments and Appeals ---15
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~ I Resource Group
'7,~ 1 <; 'k'lor Avonuo North Mpls., MN 55443
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MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THROUGH: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources~
DATE: September 29, 1992
SUBJECT: Engineer's Report -Staring Lake Outlet/Purgatory Creek Recreation Area
Attached to this memorandum is a summary of the Engineer's Report for the Staring Lake
Outlet/Purgatory Creek Recreation Area Basic Water Management Project that the City of Eden
Prairie petitioned the Riley/Purgatory/Bluff Creek Watershed District to complete. The public
hearing for the feasibility of this project will be held at the School Administration Board Room
on October 27th, at 7 p.m.
Section 4 of the summary describes the proposed project and lists the cost to the District and to
the City. City staff would be recommending Option I, which would provide less impact on the
creek valley outlet at Staring Lake by providing an overflow pipe that would increase the speed
at which water could leave the lake during high water periods. Option 2 would require dredging
the creek valley. The difference in cost to the City of Eden Prairie is $1,000 in higher costs for
Option 1. The total cost difference is approximately $48,000 to the project.
Commission and council members will note there is no estimated cost for acquisition of
easements or property. The responsibility to obtain necessary easements or ownership is the
responsibility of the City.
Watershed District staff and City staff would like to coordinate the timing of this project with
the improvements to Technology Drive and the Prairie Center Drive overpass over Highway
5/212. If we are able to construct the projects together, there can be considerable savings for
both projects in terms of using excess soil from one project to assist the other project.
The Parks, Recreation and Natural Resources Staff recommend commission and council support
of the feasibility study, and to go on record at the October 27th meeting as continuing to support
this project.
BL:mdd
engineer/7
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Engineer's Report
Staring Lake Outlet/Purgatory
Creek Recreation Area
BASIC WATER MANAGEMENT
PROJECT #1991-1
Prepared for
Riley-Purgatory Bluff Creek Watershed District
August 1992
I
Barr
Engineering Ccxnpany
8300 No,,,,,,,, Centtr Drive
Minneapolis, MN SS437
Phone (612) 832-2600
Fax: (612) 83S'(}186
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ENGINEER'S REPORT
FOR
STARING LAKE OUTLET/PURGATORY CREEK RECREATION AREA
AUGUST 1992
Prepared for:
RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT
Prepared by:
BARR ENGINEERING COMPANY
8300 Nonnan Center Drive
Minneapolis, Minnesota 55437
I hereby certify that this report was prepared by me or under my direct supervision and that
duly Re . stered Pro essional Engineer in the State of Minnesota.
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RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT
Howard Peterson
James Cardinal
BOARD OF MANAGERS
Conrad Fiskness
President
Watershed District Advisors
Barr Engineering Company: Robert Obermeyer
Frederick Rahr
Susan Scribner
Popham Haik Schnobrich & Kaufman: Raymond Haik
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TABLE OF CONTENTS
SECTION 1 FOREWORD . . . . . . . . . . . . .............. 1-1
SECTION 2 EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . 2-1
SECTION 3 INTRODUCTION
GENERAL
PROJECT PETITION
SECTION 4 GENERAL DESCRIPTION OF PROPOSED PROJECT
BACKGROUND . .
PROJECT DESCRIPTION
PERMITS AND REGULATORY REVIEW
COST ESTIMATE
PROPERTY OWNERSHIP
3-1
3-1
3-2
4-1
4-1
4-3
4-9
4-10
4-12
SECTION 5 CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
SECTION 6
APPENDIX A
APPENDIX B
APPENDIX C
RECOMMENDATIONS . . . . . . . . . . . . . . . . . .
LIST OF APPENDICES
project Figures
Petition
Reference Reports
23\27\457\RPBCSTDY.RPT\PLS
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SECTION 1
FOREWORD
The Engineer's Report for the Staring Lake Outlet/Purgatory Creek
Recreation Area project was ordered by the Board of Managers of the Riley-
Purgatory-Bluff Creek Watershed District at the District's October 2, 1991
meeting in response to a petition to the District dated September 4, 1991 from
the City of Eden Prairie. This report is prepared pursuant to the requirements
of Minnesota Statutes 103D.711.
This report and the project proposed is a CUlmination of over 10 years of
cooperative planning between the City of Eden Prairie and the Riley-Purgatory-
Bluff Creek watershed District. The overall objective of both the City and
District was to develop a project that will provide for flood storage, water
quality improvements, wetland, wildlife recreation and community benefits while
achieving a primary benefit of controlling the discharge of waters entering the
Purgatory Creek Valley.
Early planning documents, that were cooperatively funded by the District
and the City, proposed the development of an active/passive recreational
facility for the 200-acre floodplain area upstream of Staring Lake. with the
early involvement of various governmental agencies, e.g., U.S. Army Corps of
Engineers, U. S. Fish and Wildlife Service, Minnesota Department of Natural
Resources, in the planning process of this project, the plan has evolved to the
concept as presented in this study.
The construction of a control structure at the outlet of Staring Lake will
establish a permanent normal elevation for the lake and regulate the discharge
of surface water as Purgatory Creek descends toward the Minnesota River.
Existing and future impacts resulting from the channel of Purgatory Creek
controlling both the normal elevation and outflow discharge from Staring Lake
will be eliminated by the construction of a permanent outlet control structure.
23\27\457\RPBCSTDY.RPT\PLS 1-1
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SECTION 2
EXECUTIVE SUMMARY
The Staring Lake Outlet/Purgatory Creek Recreation Area Basic Water
Management Project is outlined in the District's Overall Plan, prescribed by the
Minnesota Water Resources Board on August 8, 1973 and in the District's
Management Plan prepared under Chapter 509, Laws of Minnesota 1982. Final
revisions to the District's 509 plan have been delayed upon adoption of the
second generation plan requirements by the Minnesota Board of Water and Soil
Resources. The Staring Lake Outlet/Purgatory Creek Recreation Area project will
again be identified as a Basic Water Management Plan of the District in future
plan revisions.
The project area is located south of T.H. 5 and west of Interstate 494 in
Eden Prairie. The Recreation Area is wi thin the designated floodplain of
Purgatory Creek and is a priority stormwater detention area of the District.
During high intensity rainstorm events, the Recreation Area and Staring Lake,
located immediately downstream, will provide the flood storage required to
manage the surface water runoff from such rainstorm events.
The mUltipurpose proj.ect objective includes the management of surface
waters, the improvement of water quality, the development of an active and
passive recreation facility, and enhancement for wildlife habitat.
Approximately 1,000 acre-feet of flood storage for the critical 100-year
frequency storm event and water quality treatment of surface water runoff will
be provided·in the Recreation Area prior to being discharged downstream to
Staring Lake. The petition requests that the improvements be undertaken by the
Watershed District for the purpose as quoted below:
"Management of surface water is a primary goal and objective of the
Staring Lake/purgatory Creek Recreation Area Basic Water Management
Project. Another project objective is the protection and enhancement of
the tributary marsh and wetlands as water storage, recreation and open
space areas. The project will provide facilities for water quality
protection and enhancement, and park and recreation uses."
23\27\457\RPBCSTDY.RPT\PLS 2-1
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The normal elevation of Staring Lake is controlled by the channel of
Purgatory Creek. Also, a restriction in the channel of the creek downstream of
Staring Lake results in an artificially high flood elevation for the lake. At
this highwater flood stage, the Eden Prairie Outdoor facility, formally the Eden
Prairie Senior Citizen Center, and a large number of mature hardwood trees would
be inundated for a significant period of time. The project will provide: (1) a
permanent structure that will establish a normal elevation of the lake; (2) a
secondary low level outlet that will establish a flood elevation that minimizes
environmental impacts; and (3) provides an outlet that will control outflow
discharges from the lake as the creek flows toward the Minnesota River.
The feasibility study concludes that the Staring Lake Outlet/Purgatory
Creek Recreation Area project is needed, is feasible, is consistent with the
water quantity and quality objectives of the District, as outlined in both the
District's Overall plan and 509 Plan and meets the objectives of the basic water
management project petition submitted by the City of Eden Prairie.
23\27\457\RPBCSTDY.RPT\PLS 2-2
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GENERAL
SECTION 3
INTRODUCTION
The Purgatory Creek Recreation Area portion of the project, hereafter
referred to as the Recreation Area is located in Section 15, Tl16N, R22W in the
City of Eden Prairie. Staring Lake, located in Section 22, Tl16N, R22W, is
directly south of the Recreation Area both entirely within Hennepin County.
The Staring Lake Outlet/Purgatory Creek Recreation project area is generally
bounded by T.H. 5 on the north, T.H. 169 on the east, Mitchell Road on the west
and County Road 1 on the south. Figure 1 in Appendix A shows the location of
the proposed project.
Purgatory Creek flows through both the Recreation Area and through Staring
Lake. The reach of Purgatory Creek through the Recreation Area to Staring Lake
is County Ditch 43-Judicial Ditch 3. An abandonment of the ditch system in
Section 15 was ordered by the Board of Managers on March 5, 1986. The tributary
drainage area to the Recreation area is approximately 15,500 acres and includes
land in the Cities of Eden Prairie, Minnetonka, Deephaven, Shorewood, and
Chanhassen. The local tributary drainage area to Staring Lake, all within the
City of Eden Prairie, is approximately 2,800 acres. Staring Lake is also the
downstream of and receives surface waters from the Eden Prairie Chain of Lakes,
Round Lake, Mitchell Lake, Red Rock Lake, McCoy Lake, which comprises 2,300
acres of the local tributary drainage area to Staring Lake. Figure 2 in
Appendix A shows the tributary drainage area to both the Recreation Area and
Staring Lake.
The existing/ultimate land use of the watershed to the Purgatory Creek
Recreation Area/Staring Lake is primarily residential. The upper reach of the
creek in the T.H.7-T.H.101 area of Minnetonka is commercial and the corridor
along T.H. 5 is generally commercial/industrial.
23\27\457\RPBCSTDY.RPT\PLS 3-1
PROJECT PETITION
The City of Eden Prairie submitted a petition to The Riley-Purgatory-Bluff
Creek Watershed District dated September 3, 1991 for the Construction of the
Staring Lake/Purgatory Creek Recreation Area Basic Water Management Project,
No. 1991-1. A copy of the petition is included in Appendix B.
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23\27\457\RPBCSTDY.RPT\PLS 3-2 •
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SECTION 4
GENERAL DESCRIPTION OF PROPOSED PROJECT
BACKGROUND
Staring Lake and the portion of the project area referred to as to
Purgatory Creek Recreation Area are designated as storm water detention
facilities in the management plan of the Riley-purgatory-Bluff Creek Watershed
District. Surface water storage in these upland areas is critical in
controlling stormwater prior to being discharged through the steep portions of
the creek descending to the Minnesota River. Without this control, erosion
throughout the lower valley of Purgatory Creek will continue to accelerate as
the upstream areas are developed.
Staring Lake is a major recreational facility used for fishing and canoeing
as well as hiking and aesthetic viewing. The development of a lake management
plan for the improvement of Staring Lake is a high priority of the District.
The first step in the implementation of a lake management plan is to minimize
the external input of nutrients to the lake. The water quality treatment
facilities upstream of Staring Lake, in the Recreation Area, will provide
treatment of surface runoff from approximately 15,500 acres of watershed
tributary to Staring Lake. This treatment is in addition to the District's
existing requirement that surface water be discharged through water quality
facilities prior to reaching Protected Waters.
The Staring Lake and the Purgatory Creek Recreation Area are the last
designated major stormwater detention facilities available to manage Purgatory
Creek waters prior to discharge through the bluff area and valley of the
Minnesota River. The City of Eden Prairie authorized the development of a
master park plan for the recreation po~tion of the project in May, 1983. The
plan calls for development of recreation facilities within an area primarily to
be used for flood storage. The recreation usage is appropriate for land that
normally should not be developed. The City retained the services of Wirth
Associates, Inc. to prepare a Master Plan for the Purgatory Creek Recreation
Area, a copy which is included for reference in Appendix C. The plan proposed
23\27\457\RPBCSTDY.RPT\PLS 4-1
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that the eastern section of the Recreation Area be developed into a passive park
setting, walking/hiking trails etc., with the western section of the area being
developed into an 18-hole golf course. The primary park entrance was shown to
be in the northeast corner of the park area, adjacent to Prairie Center Drive.
The District has calculated that a 100-year frequency flood elevation of
824 MSL results in the Recreation Area, with outflow from this area, being
controlled by a 60-inch corrugated metal pipe located upstream of Anderson Lakes
Parkway. To evaluate alternate developments, the City requested that the
frequency of inundation be determined for different storm events. This
information is summarized in correspondence to the City dated September 12, 1985
and is included for reference in Appendix B.
The frequency of inundation that would occur from smaller storm events
would have a significant impact on the use of the area as a golf course. The
amount of fill necessary to raise critical areas of the course would eliminate
available flood storage and would violate the floodplain encroachment
permissible by District criteria. The District floodplain encroachment criteria
is based on an equal percentage volume reduction with the maximum permissible
rise of the flood elevation to be less than 0.5 feet. In the area of the
Recreation Area, an 11.6 percent volume reduction below Elevation 824 MSL is
permissible.
The City of Eden prairie, in 1987, retained E.A. Hickok and Associates to
prepare a more detailed feasibility study for the Recreation Area. A copy of
this study is included in Appendix C for reference. This study presented a park
plan more compatible with the soils and hydrologic conditions of the area. The
revised plan proposed a passive park plan, through the majority of the area,
with an active recreational area, located on the west side of the site adjacent
to the MTS property. This design concept proposed: (1) the construction of
open water areas within the passive .park area for both water quality and
aesthetics, and (2) the construction of the permanent outlet control structure
located at the southern end of the Recreation Area to regulate downstream
discharges. This possible park proposal would meet the water storage and
quality objectives of the District along with permitting a recreation use of the
site.
23\27\457\RPBCSTDY.RPT\P~S 4-2
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Following the 1987 report for a revised park plan, meetings were held with
several governmental agencies, City of Eden Prairie, Minnesota Department of
Natural Resources, U.S. Army Corps of Engineers, U.S. Fish and wildlife Service
and the Riley-Purgatory-Bluff Creek Watershed District, to discuss agency
requirements for the park development concept. Based on input received from the
agencies, the plan has been modified to its current proposal --the active park
area located in the northeast corner of the site, the primary access in the
general location as proposed in the 1983 Wirth Report and a major change to
develop the remaining area for wildlife habitat. Based on this revised concept
plan, Ducks Unlimited was asked to provide input along with the governmental
agencies. This concept plan and an overall view of the project is shown on
Figures 3, 4, and 5 in Appendix A. This concept plan was also coordinated with
the proposed T.H. 212 corridor construction to be completed by the Minnesota
Department of Transportation.
PROJECT DESCRIPTION
The current channel of Purgatory Creek is to be routed through the active
park area. The active park is approximately 33 acres in surface area. A series
of open water areas within this area are to be constructed to provide water
quali ty treatment along with recreation use such as canoeing and paddle boating.
The shoreline along the eastern edge of the creek is to be a "hard edge" tieing
into a natural slope on the south and north ends. To separate the active park
from the habitat area, a fill embankment is to be constructed. A conveyance
system, a 60-inch arch cross culvert through the embankment, will maintain base
flow conditions through the area. During runoff periods from high intensity
rainstorm events, the embankment will be overtopped permitting the use of
storage throughout the entire area. This overtopping requires that the
embankment be designed to minimize the potential of failure and erosion from
occurring. A typical cross section of the proposed embankment is shown on
Figure 6 in Appendix A. The normal water surface elevation in the active park
area is to be approximately 2 feet higher than in the wildlife habitat area.
Soils information for the area was obtained from the Hickok Feasibility
Study, from the Minnesota Department of Transportation in conjunction with the
212 Corridor Improvements and by Barr Engineering Company. The soil conditions
23\27\457\RPBCSTDY.RPT\PLS 4-3
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are generally organic with depths between 2 and 21 feet. The development of the
hard edge wall on the eastern edge of the park will require that sheet piling
be used with a concrete cap used for both stability, safety, and aesthetics.
The open water basins are to have an average depth of 6 feet. The basin
is to be created by a combination of excavation, 4 feet, and the construction
of the embankment, 2 feet in height. The northern (upstream) most basin, which
is to be a primary water quality treatment facility, will be over excavated to
a depth of 10 feet for the retention of sediment/nutrients. Because of the
existing organic nature of the ponding basin bottom, the basin is to be lined
with geotextile material with a minimum 1 foot of sand place over the fabric.
The lining will minimize the upward migration of nutrients from the bottom
sediments into the water column of the basin.
The construction of the embankment separating the park from the habitat
area will also require the use
embankment will be constructed
of geotextile fabric for stability. The
in stages over an approximate period of
eight months to permit a controlled settlement of the organic material. The
depth of organics along the alignment of the embankment range from 12 feet to
24 feet.
A permanent control structure regulating the outflow discharge from the
Recreation Area downstream to Staring Lake is to be constructed at the southern
end of the area. Based on input from wildlife biologists, this structure is to
be multi-variable permitting the adjustment of the normal elevation within the
habitat area. The adjustable level is to accommodate vegetation management and
water depth' compatible with wildlife requirements. The existing normal
elevation within the Recreation Area is approximately 818 MSL. To meet the
flood storage requirements of the District for the 100-year frequency storm
event, the normal elevation can range from 818 MSL to a maximum elevation of
820.0 MSL and maintain a 824.5 MSL flood elevation which includes the
permissible encroachment, 11.6 percent volume reduction below Elevation
824.0 MSL, available to riparian landowners. Existing development adjacent to
the Recreation Area has been regulated by Dis'trict and City of Eden Prairie
criteria that requires the lowest floor elevation of a structure to be a minimum
of 2 feet above the calculated 100-year frequency flood elevation. The control
23\27\457\RPBCSTDY.RPT\PLS 4-4
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structure will regulate the peak outflow discharge from the Recreation Area to
240 cfs for the critical 100-year frequency storm event. The following table
summarizes for various storm events the peak outflow discharge, required flood
storage and resultant high water elevation in the Recreation Area. The minimum
weir length required to pass the required discharge is 10 feet with a 60-inch
culvert from the structure.
TABLE 1: WATER OUANTITY
60" Outlet Pipe With:
10' Weir 10' Weir
NL 818.0 NL 820.0
2-Year -Elevation 820.6 822.5
(lO-day) Oout cfs 122 121
Storage: acre-feet 269 395
5-Year -Elevation 820.8 822.7
(10-day) Oout cfs 139 138
Storage: acre-feet 307 441
10-Year -Elevation 821. 7 823.3
(10-day) Oout CFS 178 182
Storage: acre-feet 440 554
25-Year -Elevation 823.3 824.1
(10-day) Oout cfs 225 239
Storage: acre-feet 743 717
50-Year -Elevation 823.5 824.2
(lO-day) Oout cfs 229 240
Storage: acre-feet 780 742
100-Year -Elevation 822.7 823.8
(4-day) Oout cfs 209 219
Storage: acre-feet 615 648
100-Year -Elevation 823.7 824.4
(IO-day) Oout cfs 233 242
Storage: acre-feet 817 771
Currently, Purgatory Creek flows through the Recreation Area with normal
(base) flow conditions being conveyed within the creek channel. The existing
area is being bypassed for water quality improvement. The project proposes to
divert the creek channel through approximately 13 acres of open water within the
active park area. The area of primary water quality is the northern, most
upstream, which is approximately 4 acres in surface area and is to be excavated
to a depth of 10 feet. As previously stated, the outflow from the active park
is to discharge through the passive area with the permanent outlet being
23\27\457\RPBCSTDY.RPT\PLS 4-5
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constructed at the southern end of the basin. The wildlife habitat area, with
the construction of the outlet structure, will also function as a water quality
treatment facility in the removal of sediment/nutrient loading being conveyed
by surface water runoff. using the Pondnet Water Quality Model, developed by
Dr. William W. Walker, the following table summarizes the effectiveness in
nutrient removal being conveyed by Purgatory Creek, prior to being discharged
downstream to Staring Lake.
TABLE 2: WATER QUALITY MODELING: PURGATORY CREEK RECREATION AREA
.-.-Existing Conditions --Proposed
in Basin Improvements
Basin Area, acres 0 ---213
Basin Volume, acre-feet 0 366
Total Phosphorus in' lb/yr 2,130 2,130
Total Phosphorus out , lb/yr 21,30. 1,440
Net Total Phosphorus 0 690
Sedimentation, lb/yr
Total Phosphorus Efficiency, % 0 33
In addition, at the outlets of both existing and proposed storm sewer
discharge points into the Recreation Area, water quality facilities to meet the
water quality standards of the Environmental Protection Agencies Nationwide
Urban Runoff Program (NURP) will be constructed. The maintenance of these
facilities will be the responsibility of the City of Eden Prairie. The removal
efficiency of nutrient loading in a NURP design facility is approximately 70
percent of the long term average of total suspended solids conveyed in
stormwater runoff.
A 2.7-mile, 12-foot wide, ag-lime trail system is proposed to be
constructed around the Recreation Area. To provide public access into the
wildlife habitat area, a floating boardwalk is to be constructed on both the
east and west sides of the park.
Purgatory Creek flows from the Recreation Area to and through Staring Lake.
Staring lake is approximately 150 acres in surface area. The lake has a maximum
depth of 14 feet and a mean depth of 7 feet. A public access constructed by the
23\27\457\RPBCSTDY.RPT\PLS 4-6
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Minnesota Department of Natural Resources is located on the east side of the
lake. The lake is currently used for all forms of recreational use with the
exception of swimming. The District has been monitoring the water quality of
the thirteen major lakes within the District every three years since 1972. The
latest summary report is entitled, 1988 Lake Water Quality Inventory: Lakes Ann,
Duck, Hyland, Lotus, Lucy, Mitchell, Red Rock, Rice marsh, Riley, Round, Staring
and Susan dated December 1, 1989. Excerpts from this report pertaining to
Staring Lake are included in Appendix C. The normal level of the lake is
controlled by the channel bottom (thalweg) of Purgatory Creek at approximately
Elevation 814 MSL. The creek valley as it leaves the lake is constricted and
controls (regulates) the outflow discharge from the lake. Currently, for the
100 .... year--frequEmcy-storn--event, -'a peak discharge of 280 cfs occurs, resulting
in a flood elevation of 820 MSL. A 4-day storm event is the critical frequency
storm for the lake. By increasing the peak outflow discharge by 20 cfs at flood
stage, the 100-year frequency flood elevation will be reduced by 3 feet to
Elevation 817 MSL. The 817 MSL elevation is the management elevation shown on
the District's flood profile for Staring Lake. There is one structure on the
lake, the Eden Prairie Outdoor Center, that has a finished low floor elevation
of 818.5 MSL. This structure was built in the late 1940s, more than 20 years
prior to the establishment of the District's floodplain elevations and
ordinance. In addition, between Elevation 817 MSL and Elevation 820 MSL, it is
estimated that 400 hardwood trees that would be inundated for approximately
20 days during the 100-year frequency storm event. The increase in the outflow
discharge will minimize the fluctuation that will occur within the lake and
impacts on the existing structure and surrounding natural vegetation. The flood
elevations downstream of Staring Lake have been calculated with the assumption
of increasing the outflow discharge from Staring Lake.
There are two options available for providing the additional 20 cfs outflow
from Staring Lake. The first is to excavate within the channel restriction area
creating additional cross-sectional area for the conveyance of water. The area
where the creek discharges from Staring Lake is heavily wooded and the channel
work would impact a significant number of mature oak and evergreen trees. The
second option would be to construct a pipe system from the lake, paralleling the
creek channel, bypassing the restriction area with a discharge point in the
floodplain of the creek upstream of T. H. 169.
23\27\457\RPBCSTDY.RPT\PLS
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4-7
The capacity of a 30-inch
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reinforced concrete pipe is required to convey this additional outflow discharge
from Staring Lake. The pipe option appears to be the most feasible option to
minimize environmental impacts, however, the final design of the system will
determine the most cost effective improvement. The property totally surrounding
Staring Lake is in public ownership (City of Eden Prairie, Hennepin County and
the State of Minnesota), however, an easement for the installation of the storm
sewer outlet pipe may be necessary from Hennepin County on the vocational _
Technical School Property. A 12-foot wide asphalt trail is proposed to be
constructed from the Staring Lake outlet southeast on the north side of
Purgatory Creek to Creek Knoll Road. This trail would link these two existing
segments of the trail system in this area.
As previously stated, the channel bottom of Purgatory creek is controlling
the normal elevation of staring Lake at approximately Elevation 814 MSL. To
maintain a more "stable" control for the lake that is not subject to streambed
degradation or aggradation (vertical movement), a permanent weir structure is
proposed to be constructed at the lake outlet. A sheet pile weir with a
concrete cap, being a minimum of 18 feet in length, would provide both the
hydraulic and stable conditions required.
A trail between the Recreation Area and Staring Lake is to be constructed.
The Recreation Area plan proposes that a 12-foot asphalt trail is to be
constructed from the Recreation Area parallel ling the creek and connecting to
the existing trail system along Staring Lake. The total length of trail to be
constructed as part of this project is 2,500 lineal feet.
23\27\457\RPBCSTDY.RPT\PLS 4-8
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PERMITS AND REGULATORY REVIEW
The proposed project must be reviewed by a variety of governmental agencies
prior to the commencement of construction. The following table identified the
regulatory agencies that will be involved in the review of this project.
TABLE 3: PERMITS AND REGULATORY REVIEW
Agency Activity Permit/Approval
Minnesota Department of Work in Protected Water Protected Waters
Natural Resources Areas -wetlands and Permit
stream
Utility dewatering Groundwater
Appropriation Permit
U.S. Corps of Engineers Work in wetlands Nationwide Permit or
404 Permit
Minnesota Department of Coordination with T.H. Utility Permit
Transportation 212 Corridor Project.
Work on state property
City of Eden Prairie Work on City property Plan review, Grading
project construction permit
Riley-Purgatory-Bluff Construction plans, plan review, Grading
Creek Watershed District project construction permit Wetland
Conservation Act-LGU
23\27\457\RPBCSTDY.RPT\PLS 4-9
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COST ESTIMATE
The preliminary cost estimates of the two options for the Staring Lake
Outlet/Purgatory Creek Recreation Area are presented in Tables 4A and 4B. The
total project costs for the options analyzed are as follows:
Option 1: $4,380,000
option 2: $4,332,000
A recommended apportionment of costs based on the District's financial
participation guidelines is also shown. on the table. A copy of the financial
guidelines is presented in Appendix B. The City of Eden Prairie will obtain the
-.
necessary easements for work within the Recreation Area, the trail system
between the Recreation Area and Staring Lake, the for the outlet modification
at Staring Lake.
TABLE 4A
PRELIMINARY COST ESTIMATE: STARING LAKE OUTLET/PURGATORY CREEK
RECREATION AREA BASIC WATER MANAGEMENT PLAN: OPTION 1
District City
Cost Participation Participation
Mobilization $ 146,000 $ 73,000 $ 73,000
Staring Lake: Pipe Outlet 129,000 129,000
Control \leir 6,000 6,000
Trail to Recreation Area 33,000 16,500 16,500
Trail to Creek Knoll Road 47,000 23,500 23,500
Pedestrian Bridge 15.000 7,500 7,500
Recreation Area: Trail Construction 97,000 48,500 48,500
Embankment Construction 423,000 423,000
Open \later Basin Excavation 730,000 730,000 . Basin Lining: Including 163,000 163,000
Sand
Hard \lall Edging 910,000 227,500 682,500
Pipe Outlet 7,500 7,500
Recreation Area Control 20,000 20,000
Structure
Pedestrian Bridges 30,000 15,000 15,000
\later Quality Basin 235,000 235,000
Excavation at Storm Sewer
Outfalls
Storm Sewer Extension 28,000 14,000 14,000
Common Borrow 43,000 21,500 21,500
3,062 500 2,160,500 902,000
Contingency 10% 306,000 216,000 90,000
Engineering, Legal & Administrative 30% 1,011,000 713,000 298,000
TOTAL ESTIMATED COST $4,380,000 $3,090,000 $1,290,000
23\27\457\RPBCSTDY.RPT\PLS 4-10
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TABLE 4B
PRELIMINARY COST ESTIMATE: STARING LAKE OUTLET/PURGATORY CREEK
RECREATION AREA BASIC WATER MANAGEMENT PLAN: OPTION 2
District City
Cost Participation Part i ci pat i on
Mobilization $ 144,000 $ n,ooo $ n,ooo
Staring lake: Channel Excavation 97,500 97,500
Control Weir 6,000 6,000
Trail to Recreation Area 33,000 16,500 16,500
Trail to Creek Knoll Road 47,000 23,500 23,500
Pedestrian Bridge 15,000 7,500 7,500
Recreation Area: TraiL Construction 97,000 48,500 48,500
Embankment Construction 423,000 423,000
Open Water Basin Excavation 730,000 730,000
Basin lining: Including 163,000 163,000
Sand
Hard Wall Edging 910,000 227,500 682,500
Pipe Outlet 7,500 7,500
Recreation Area Control 20,000 20,000
Structure
-Pedestrian Bridges 30,000 15,000 15,000
Water Quality Basin 235,000 235,000
Excavation at Storm Sewer
Outfalls
Storm Sewer Extension 28,000 14,000 14,000
Conmon Borrow 43,000 21,500 21,500
3,029,000 2,128,000 901,000
Contingency 10" 303,000 213,000 90,000
Engineering, legal & Administrative 30% 1,000,000 702,000 298,000
TOTAL ESTIMATED COST $4,332,000 $3,043,000 $1,289,000
23\27\457\RPBCSTDY.RPT\PLS 4-11
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PROPERTY OWNERSHIP
The affected properties for the project are shown on Figure 7 in
Appendix A·, and listed by property identification number on the following table.
The City of Eden Prairie is obtaining property below Elevation 824.5 as the area
is being developed. Currently, the Recreation Area property outlined on
Figure 7 is in public ownership. As previously stated, an easement may be
necessary from Hennepin County for the installation of the additional pipe
outlet from Staring Lake. A permanent easement for the trail to be constructed
from the Recreation Area to Staring Lake will also be necessary.
TABLE 5: PROPERTY OWNERSHIP
Parcel Number
.14-116-22-23-0010
15-116-22-42-0028
15-116-22-13-0001
15-116-22-31-0001
14-116-22-44-0011
12-116-22-32-0004
15-116-22-42-0029
15-116-22-12-0001
22-116-22-12-0003
23\27\457\RPBCSTDY.RPT\PLS
Fee Owner
William Naegele
1 Water Tower Place
4300 Baker Road
Minnetonka, Minnesota 55343
MTS Systems
P.O. Box 24012
Minneapolis, Minnesota 55424
Richard Miller
1520 SanCarlos Bay Drive
Sanibel Island, Florida 33957
Flagship Associates
4300 Baker Road
Minnetonka, Minnesota 55343
Participation Development Corporation
#1204, 1 University Avenue
Toronto, Ontario Canada
Koosman-Rice
2330 East Highway 12
Willmar, Minnesota 56201
State of Minnesota
Attn: Evan Green
Minnesota Department of Transportation
2055 North Lilac Drive
Golden Valley, Minnesota 55422
United Properties
3500 West 80th Street
Suite 100
Bloomington, Minnesota 55431
4-12
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TABLE 5: PROPERTY OWNERSHIP (continued)
Parcel Number
15-116-22-44-0005
14-116-22-33-0019
15-22-116-43-0002
22-116-22-12-0003
22-116-22-12-0038
22-116-22-43-0001
23\27\457\RPBCSTDY~RPT\PLS
Fee Owner
Lloyd and Joan Cherne
5704 View Lane
Edina, Minnesota 55436
Thomas and Grace Carmody
8595 Mitchell Road
Eden Prairie, Minnesota 55344
Metropolitan Life
c/o United Properties
3500 West 80th Street
Suite 100
Bloomington, Minnesota 55431
Tandem Corporation
Dick Putnam
2765 Casco Point Road
Orono, Minnesota 55391
Hennepin County Vocational/Technical
Schools
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SECTION 5
CONCLUSIONS
The Staring Lake/Purgatory Creek Recreation Area Basic Water Management
Project is a necessary project for the management of flood waters along
Purgatory and the improvement of water quality reaching the protected waters of
the District. The regulation of flood waters and the improvement of water
quality are the basic goals and objectives of the Riley-PurgatorY-Bluff Creek
Watershed District. The creation of a multi-functional recreational facility
as proposed for the Recreation Area is consistent with criteria established by
the Watershed District in the early 1970s which encourages functional use of
lands needed for flood storage.
The current outlet configuration for Staring Lake results in a fluctuation
of 6 feet between normal and flood stage. The provision of an additional 23 cfs
for the critical 100-year frequency storm event will reduce this fluctuation to
3 feet. By minimizing this fluctuation, a level of protection for the 100-year
storm event will be provided for the Eden Prairie Outdoor Facility, a structure
located on the east side of the lake, will minimize the inundation of a
significant number of mature hardwood trees. The District's flood profile
downstream of Staring Lake has been based on this increase outflow from Staring
Lake. The construction of permanent control structures for both S~aring Lake
and the Recreation Area will provide flood storage that is critical in
controlling the discharge of stormwater prior to reaching the steep portions of
the creek as it flows toward the Minnesota River.
23\27\457\RPBCSTDY.RPT\PLS 5-1
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SECTION 6
RECOMMENDATIONS
The construction of the Staring Lake/Purgatory Creek Recreation Area
project is a necessary and feasible part of the overall water resource plan for
the District and is consistent with the District's Management Plan. It is
recommended that the District participate in the implementation of Option 1 as
outlined.
23\27\457\RPBCSTDY.RPT\~LS 6-1
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tr'
l' Granular Material:
D50 4" with Filter
Fabric or 6" Filter
Material
.. ID'--------.J
tr'
~ 12' ~I
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Non-Woven
Geotextile
Typar 1405
LID' .,
---------------------------------------56'----------------------------------------~~,
Typical Embankment Detail
Figure 6
Not Drawn to Scale
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I Purgatory Creek Recreation Area
Not to Scale
Property. Ownership
15-"-0004 " c.'\.,.~ t:..f.
c.;.., .~ E..p.
15:""41-0001
Figure 7 •
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DRAFT COpy 9/9/92
EROSION CONTROL POLICY
1. All construction projects permitted by the City of Eden Prairie which result in the
temporary disturbance of vegetative or non-vegetative surfaces protecting soils from
erosion require the use of Best Management Practices (BMP's) as outlined in MPCA's
manual Protecting Water Quality In Urban Areas to mitigate the impact of erosion on
wetland and water resources. The City Engineer or the Director of Inspections may
impose special conditions to permits which stipulate erosion control procedures and/or
direct the installation of erosion control features or the clean up of erosion at construction
sites. Permits effected by this policy include all grading permits, building permits, and
permits for the installation of utilities.
2. All erosion control systems stipulated in the permit shall be installed prior to the issuance
of the permit. Supplemental erosion control systems ordered by the City Engineer or the
Director of Inspections shall be installed within 48 hours.
3. All erosion control systems must be maintained by the permittee in a functional condition
until the completion of turf and/or structural surfaces which protect the soil from erosion.
The permittee must inspect erosion control bi-weekly and immediately after each rainfall
event of .5 inches or more. Needed maintenance shall be performed within 48 hours .
4. Best Management Practices (BMP's) to minimized the tracking or spillage of soil on
public streets or highways shall be utilized at all construction sites. BMP's may include,
but are not limited to, rock construction entrances, washing stations, frequent cleaning
of streets adjacent to the construction site or limiting operations when site conditions are
unmanageable. Tracking or spillage on a public street or highway must be cleaned by
power sweepers within the time frame stipulated in the permit special conditions or as
ordered by the City Engineer or the Director of Inspections.
5. If erosion breaches the perimeter of a construction site, the permittee shall immediately
develop a clean up and restoration plan, obtain the right-of-entry from the adjoining
property owner, and implement the clean up and restoration plan within 48 hours of
obtaining the adjoining property owner's permission. In the event eroded soils enter onto
a public street or highway, the permittee shall remove the soil material and thoroughly
sweep the street or highway surface within four hours. Permittee shall provide all traffic
control and flagging required to protect the traveling public during the clean up
operations.
6. When a permittee fails to conform to any provIsion of this policy within the time
stipulated in a written notification, the City Engineer or the Director of Inspections may
take the following actions:
a .
b.
Withhold the scheduling of inspections and/or the issuance of a Certificate of
Occupancy.
Direct the correction of the deficiency by City forces or separate contract.
(DRAFT COPy)
EROSION CONTROL POLICY
Page 2 of2
The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter
upon the construction site for the purpose of correcting deficiencies in erosion control.
All costs incurred by the City in correcting erosion control deficiencies shall be
reimbursed by the permittee. All invoices for erosion control correction shall be due and
payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate
of 1 % per month.
Each charge for correction of erosion deficiencies shall be a lien upon the property to
which the permit applies. Invoices more than 30 days old on September 30 or any year
or on any other date as determined by the City Engineer or the Director of Inspections
may be assessed against the property. As a condition of the permit, the owner shall
waive notice of any assessment hearing to be conducted by the City, concur that the
benefit to the property exceeds the amount of the proposed assessment and waive all
rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of the
assessment.
•
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~:] ..... 4Il! "':"~"-.:-~~~., .• _.~~-...
City of Eden Prairie
~
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121 AG-U ..... E TFWL
2-3 ACRE POND
i.. _____________________ .... t..I ........... _ ..... ____ ............ ' ................ ~~ ...
PAAKENlRY
121 AG-U ty£ TRAIL
FIGURE 3
PURGATORY CREEK
F{ECREATION AREA
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"--.L-.//
Barr
Engineering Cempant
, . ,
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City of Eden Prairie _--.--__ --
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ENTRY FOUNT.AJN --.......
. '. ---"'--1 .. '_"'I''''_'.~.'
----PARKING (1-15) CARS
--.l-{nSE GARDEN ~ SHADE TREL!.JlS
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.---W~NQ PAnt
,':'-'--WATER JET
. __ ORAND PAVlWON
---.-a:NTRAL PI..A2A
PICNIC SHEL TEAS
RGURE4
RQATORY CREEr.
RECREATION AREA
Barr
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City of Eden Prairie
I 2 t AS PI tAl I I T-lA II
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'. '. Staring l.ake
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Technology Drive
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CONTROL STRUCTURE
. ···QUTFLOW CAPACITY
IMPHOVEMENTS
'12 1 ASPt-IAl T TRAIL
FIOlA:: 6
PURGATORY CREEK
RECREATION AREA
Bal'l-
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