HomeMy WebLinkAboutCity Council - 04/30/1987THURSDAY, APRIL 30, 1987
AGENDA
SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING
4:00 P.M., CITY HALL COUNCIL CHAMBERS
7600 Executive Drive
COUNCIL MEMBERS:
CITY COUNCIL STAFF:
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Gary Peterson, Richard Anderson,
George Bentley, Jean Harris, and Patricia
Pidcock
City Manager Carl J. Jullie, Assistant to
the City Manager Craig Dawson, City
Attorney Roger Pauly, Director of Planning
Chris Enger, Director of Community
Services Robert Lambert, Director of
Public Works Eugene A. Dietz
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. 2ND READING OF ORDINANCE NO 12-87 City Code Amendment, Chapter
Tit fearc7i 11.35, entitled "Public District", Subdivision 2, to
allow private schools as a permitted use and private schools with
boarding as a permitted use.
III. INTERNATIONAL SCHOOL OF MINNESOTA. 2nd Reading of Ordinance
No. 10-87, Zoning District Change from Rural to Public on 38.4 acres;
Approval of Developer's Agreement for International School of
Minnesota, and Adoption of Resolution No. 87-115, Authorizing
Summary of Ordinance No. 10-87, and Ordering Publication of Said
Summary. (Ordinance No. 10-87 - Rezoning; Resolution No. 87-115 -
Authorizing Summary and Publication)
IV. NEW BUSINESS
V. ADJOURNMENT.
ORDINANCE #12-87
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE, CHAPTER 11,
SECTION 11.35 ENTITLED "PUBLIC DISTRICT," SUBDIVISION 2 TO INCLUDE CEMETERIES AND
PRIVATE SCHOOLS AND RELATED BOARDING FACILITIES AS PERMITTED USES WITHIN SAID
DISTRICT; AMENDING CITY CODE, CHAPTER 11, SECTION 11.02, ENTITLED "DEFINITIONS" TO
ADD DEFINITIONS FOR THE TERMS "PRIVATE SCHOOL" AND "RELATED BOARDING FACILITIES:"
AMENDING CITY CODE CHAPTER 11, SECTION 11.03, SUBDIVISION 2 ENTITLED "DISTRICT
STANDARDS" TO ADD CERTAIN STANDARDS FOR PRIVATE SCHOOLS AND RELATED BOARDING
FACILITIES; AND ADOPTIONS BY REFERENCE CITY CODE, CHAPTER 11, SECTION 11.99, WHICH
INCLUDES PENALTY PROVISIONS:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. Eden Prairie City Code, Chapter 11, Section 11.35, Subdivision
2, shall be and is hereby amended to read as follows:
Subdivision 2. Permitted Uses.
A. Public Facilities and Services.
B. Drainage Ways and Flood Plains Approved by the Council.
C. Churches.
D. Cemeteries.
E. Private Schools and Related Boarding Facilities which have
public sanitary sewre and water service and which are
located within the following area:
Section 2. Eden Prairie City Code, Chapter 11, Section 11.02 is amended by
adding thereto the following:
16. "Private School" -- a school which is not owned or operated
by a public entity, and which offers general primary and/or secondary educational
instruction equivalent to grades K through 12.
17. "Related Boarding Facilities" -- the terms "related boarding
facilities" as used in Section 11.35, Subd. 2, E in this Chapter mean a structure
which has as its sole function the boarding of students who are enrolled at a single
private school, and which is located upon the same parcel of property as the private
school for which it provides boarding.
Section 3. Eden Prairie City Code, Chapter 11, Section 11.03, Subdivision
2, A is amended by adding thereto the following:
10. In the public district, a private school and related
boarding facility shall be located on a parcel of land of not less than 25 acres and
shall have a floor-to-area ratio of 0.1 to 1.0. Such a use shall not include any
outside storage.
Section 4. Eden Prairie City Code, Chapter 11, Section 11.99 shall be and
is hereby adopted by reference, including penalty provisions.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the 7th day of April, 1987, and finally read and ordered published on the
30th day of April, 1987.
John D. Frane, City Clerk
Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of ,
International School of Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 10-87
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 Public 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
Public 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, entitled "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 April 30, 1987, entered into between
the International School of Minnesota, Inc., a Minnesota corporation, and the City
of Eden Prairie, which Agreement is 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 7th day of April, 1987, and finally read and adopted and ordered
published at a special meeting of the City Council of said City on the 30th day of
April, 1987.
ATTEST:
John D. Frane, City Clerk
Gary D. Peterson, Mayor
PUBLISHED in the Eden Prairie News on the day of
Exhibit A
Legal Description
Rezoning from Rural to Public for International School of Minnesota
That part of Government Lot 4, and of the Northwest Quarter
of the Northwest Quarter of Section 2 not embraced in
Registered Land Survey Nos. 483 and 1000. 2116. 922. except
that part of said tot 4 lying Westerly of Bryants Long Lake
and lying Southerly of the South line of said Regi ***** d
Land Survey No. 1000 and the Easterly extension thereof,
and except that part taken for County Highway No. 62.
and
The North 20 ncres of the Southeeet Quarter of the Northeast
Quarter, except that part thereof lying west of the Easterly
right of way line of U.S. Highway No. 494 as set forth in
Notice of Lis Pend.. Doc. No. 606744, and except that
part thereof embrac4W in Registered Lend Survey No. 1000.
Section 3. 7116. 1122.
and
Tract A. Registered lend Survey No. 463. files of Registrar
of Titles. County of Hennepin.
I...Pt that part of amid Northwest Quarter of the
Northwest Quarter of Section 2. 2116, 622, Hennepin
County. Minnesota. lying northeasterly of the
following described line; commencing at the
northwest comer of said Section 2; thence South 69
degrees 43 minutes 25 seconds East (assumed
bearing) along the north lins of said Northwest
Quarter of Northeast Quarter • distance of 665.00
not to the point of beginning for the line to be
described; thence South 46 degrees 10 minutes 16
seconds East 233.96 feet; thence South 51 degrees
43 minutes 58 seconds East 499 69 feet to the east
line of said Korthweet It of the Northwest
Quarter and said line there terminating. Except,
that part taken for County Highway No. 62.
ead
Except that part ef said Northwest Quarter of the
Northwest Quarter of Section 2. 1118, 922, Hennepin
County. Minnesota, descritmo as follows. Commencing
at the northwest corner of said Section 2; thence
South 00 43 minutes 05 seconds last
(assumed tearing) along the west lime of said
Northwest Quarter of the Northwest Quarter a
distance of 400.00 feet to the point of beginning;
thence continuing South 00 degrees 43 minutes 05
seconds East along said west llne 1064.28 feet;
thence North 59 d ** 16 minutes 55 eeconde Lest
136.56 feet; thence North 00 d 3 minutes 05
seconds West 260.00 font; thence North 11 degrees
10 minutes 15 seconds East 194.18 feet; thence
North 00 degrees 43 minute. 05 seconds West 180.00
feet; thence North 34 d****** 16 minutes 04 seconds
East 195.63 feet; thence North 13 dog 52
minutes 29 seconds East 110.00 feet; thence North
76 d egree. 07 minutes 31 seconds West 310.00 feet
to the point of beginning.
and
Except that part of Government Lot 4, Section 2,
7116„ 522, Hennepin County ; lying southerly of •
line 8.25 feet northerly of the centerline of • one
rod road. said oenterline is described in T
Case T47011. Except Re eeeeee ed Land Survey Numbers
463 and 1000. And except that part of said
Government Lot 4 lying westerly of Bryant, Long
Lake and lying southerly of the south line of said
Registered Land Survey No. 1000 end the easterly
extensioa thereof.
And
Except that part of the Northwest QUerter of the
Northeast Quarter of Section 2, Township 116, Range
22, Hennepin County. Mlonesote lying eeeeee ly of
the following described line:
Beginning at a point on the east llne of said
Northwest Quarter of the Northwest Quarter distant
380.00 feet south fro. the northeest corner of said
Northweet Quarter of the Northwest Quarter; thence
South 18 degrees 45 minute. 52 seconds West (assume
the east line of said Northwest Quarter of the
Northwest Q has • bearing of South 01 45
14 minutes 08 seconds East) a distance of 420.00
feet; thence South 01 d eeeeee 14 minutes 08 seconds
East • Olstanco of 50.00 feet; thence south 37
degrees 00 minutes 00 seconds Last to the seat line
of raid Northwest Quartar of the Northwest Quarter
and and line there terninstlog.
Said parcel contains 38.41 across, wore or less.
All plans referred to in #1,:
page 1„ of the agreement (site
Olan,„gradingi)lan,eleVatiOnt,-
etc.) :
Road width- design from BRW
Legal Description
Legal Description
The following exhibits have NOT been included with this package of agreements, but
have been supplied to the satisfaction of City Staff and will be assembled with
fully executed documents when they are return to the proponents:
Exhibit A, Developer's Agreement
Exhibit B, Developer's Agreement
Exhibit D, Developer's Agreement
Exhibit A, Special Assessment
Agreement
Exhibit A, Declaration of
Restrictions--Lighting
Legal Descriptionsfor the
entire property, zoning, and
gUlding
International School of Minnesota
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1987, by
the International School of Minnesota, 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 Comprehensive Guide Plan
Amendment from Medium Density Residential and Public Open Space to
Elementary/Secondary/Vocational School on 38.4 acres, Public Open Space on 17.17
acres, Zoning District Change from Rural to Public on 38.4 acres, and Preliminary
Plat of 55.6 acres into one lot for construction of a private elementary and
secondary school, 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 #10-87,
Resolution #87-60 approving the amendment of the Comprehensive Guide Plan, and
Resolution #87-61, approving the Preliminary Plat, Developer covenants and agrees to
construction upon, development, and maintenance of said property as follows:
1. Developer shall develop the property in conformance with the
materials revised and dated April 30, 1987, reviewed and approved by
the City Council on March 17, and April 7, 1987, and attached hereto
as Exhibit B, subject to such changes and modifications as provided
herein. Developer shall not develop, construct upon, or maintain
the property in any other respect or manner than provided herein.
2. 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. Within one year of the date of this Agreement, Developer agrees to
submit to the City and obtain the City's approval of a final plat
for the property as described in Exhibit A, attached hereto. In
addition to all other requirements of final platting, Developer
agrees to prepare the final plat in accordance with the terms and
conditions provided herein.
4. Developer agrees that the eight-inch sanitary sewer depicted in
Exhibit B, attached hereto, shall become public sewer and shall be
constructed within a twenty-foot wide permanent easement to be
dedicated to the City as part of and concurrent with the final plat
for the property.
At Developer's option, one of the following alternatives for
provision of extension of said public sewer service to the land
lying west of the property shall be implemented:
A. Developer shall provide a twenty-foot wide permanent
easement, together with a fifty-foot wide temporary
construction easement extended in a westerly direction from
the northern-most manhole as constructed within the
property, the exact alignment of said easements to be
mutually agreed upon by Developer and City; or,
B. Developer shall construct said public sewer service
extension in a westerly direction along an alignment
mutually agreed upon by Developer and City so as to extend
said sewer to a point beyond the ball field and tennis court
area, as depicted in Exhibit B, attached hereto. Developer
agrees that, from that point, Developer shall dedicate a
twenty-foot wide permanent easement, together with a fifty-
foot wide temporary construction easement in an alignment
mutually agreed upon by Developer and City for extension of
said sewer service to the land west of the property.
5. Prior to issuance of any building permit for any building upon the
property, Developer agrees to submit to the City a permanent
easement for the use of the road depicted as "emergency vehicle
road" in Exhibit B, attached hereto. Said easement shall provide
for use and access by emergency vehicles and shall otherwise be in a
form and contain such terms as City deems necessary to effectuate
such purpose.
6. Prior to issuance of any occupancy permit for the property, or any
occupancy in fact of the property, Developer shall:
A. Construct the emergency vehicle road to include a 20 ft.
wide clear zone with a cover of select granual material and
the center ten feet to include a six-inch thick base of
Class V granual material and a three-inch thick bituminous
surface. Developer may, at its option, include a four-inch
thick black dirt base, covered with seed or sod, for the
area outside of the ten-foot wide paved zone.
B. The emergency vehicle road shall be maintained by Developer
to meet the requirements of the City, including, but not
limited to general maintenance on a regular schedule as
necessary, and snow removal on the same schedule as the
internal street and parking lot (at such time as there is an
accumulation of two inches, or more of snow).
C. The Developer agrees to construct and maintain the bridge,
or culvert, over Nine Mile Creek for purposes of allowing
for access by emergency vehicles.
D. Construct the internal road on the property with concrete
curb and gutter in accordance with City standards. Said
Internal road shall be designed and constructed to a width
of 32 ft. for the first 250 ft. from the point of entry to
the property at the property boundary, then the width of
said internal road shall taper to 28 ft. for approximately
the next 900 ft., and then the width of the said internal
road shall again flare out to 32 ft. for the remainder of
its length upon the property, all as depicted in Exhibit B,
attached hereto.
Upon approval by the City Manager, Developer agrees to implement and
construct, or cause to be implemented and constructed, those
improvements listed above, as approved by the City Manager, in
accordance with the terms and conditions of Exhibit C, attached
hereto.
7. Developer agrees to convey to the City an easement for water in the
approximate location depicted in Exhibit B, attached hereto, within
ten days of the being furnished a legal description for said
easement by the City.
Upon approval by the City Manager, Developer agrees to implement, or
cause to be implemented, that easement listed above, in accordance
with the terms and conditions of Exhibit C, attached hereto.
8. Prior to release of the final plat and prior to issuance of any
permit for grading within Phase I, or any subsequent phase of
development upon the property, Developer agrees to enter into a
special assessment agreement with City, a copy of which is attached
hereto as Exhibit E t and made a part hereof, for purposes of
extension of the water main through the property.
9. Prior to release of the final plat and prior to issuance of any
permit for grading within Phase I, or any subsequent phase of
development upon the property, Developer agrees to execute a
declaration of restrictions, a copy of which is attached hereto as
Exhibit F, and made a part hereof, for purposes of restricting the
lighting devices to be constructed, erected, or used upon the
property for illumination of any recreational areas.
Developer agrees to file said declaration of restrictions on the
property with Hennepin County and shall provide proof of filing to
the City, prior to release by the City of the final plat.
10. Prior to issuance of any permit for grading within Phase I, or any
subsequent phase of development upon the property. Developer agrees
to implement erosion control measures and adequate protective
measures for areas to be preserved and areas where grading is not to
occur, and to receive City approval of said measures. Prior to
approval by the City, the Developer must call for on-site inspection
of the property by the City, and defects in materials and
workmanship in the implementation of said measures shall then be
determined by the City. Defects in materials or workmanship shall
then be corrected by the Developer, reinspected and approved by the
City prior to issuance of any grading permit within Phase I, or any
subsequent phase of development upon the property by the City.
Approval of materials and workmanship may be subject to such
conditions as the City may impose at the time of acceptance.
11. Developer agrees to confine grading to Phase I of the property.
Grading for Phase I shall take place within the construction limits
as shown on Exhibit B. Developer shall place snow fencing at the
construction limits within the wooded areas of the property prior to
any grading upon the property.
12. Prior to issuance of any grading permit, Developer shall submit to
the City Manager and receive the City Manager's approval of a tree
inventory of those trees within the construction area and within 25
ft. outside of the construction area, indicating the size, type, and
location of all trees twelve (12) inches in diameter, or greater, at
a level 4.5 feet above ground level.
If any such trees are removed, damaged, or destroyed outside of the
construction area, Developer agrees that prior to issuance of any
building permit for the property, Developer shall submit to the City
Manager, and receive the City Manager's approval of a reforestation
plan for all trees removed, damaged, or destroyed outside of the
construction area. Developer further agrees that said trees shall
be replaced by similar tree species and that the trees used for
reforestation shall be no less than six inches in diameter. The
amount of trees to be replaced shall be determined by the City
Manager, using a square inch per square inch basis, according to the
area of the circle created by a cross sectional cut through the
diameter of a tree as measured 4.5 feet above the ground.
If a reforestation plan is required, Developer agrees that, prior to
issuance of any building permit, Developer shall submit a bond, or
letter of credit, guaranteeing completion of all reforestation work
as approved by the City Manager. The amount of the bond, or letter
of credit, shall be 150% of the approved estimated cost of
implementation of all reforestation work and shall be in such form
and contain such other provisions and terms as may be required by
the City Manager. Developer agrees to prepare and submit for
approval to the City Manager a written estimate of the costs of the
reforestation work to be completed.
Upon approval by the City Manager, Developer shall imp
l
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e
n
t
,
o
r
cause to be implemented, those improvements depicte
d
i
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s
a
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reforestation plan, as approved by the City Manager.
13. Developer agrees to notify the City and the Watershed D
i
s
t
r
i
c
t
a
t
least 48 hours in advance of any grading, or tree remov
a
l
,
o
n
t
h
e
property.
14. Prior to issuance of any building permit upon the p
r
o
p
e
r
t
y
,
Developer shall submit to the City Manager, and receive
t
h
e
C
i
t
y
Manager's approval of plans for streets, sanitary sewe
r
,
w
a
t
e
r
,
storm sewer, and erosion control for the property.
Upon approval by the City Manager, Developer shall cons
t
r
u
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t
,
o
r
cause to be constructed, those improvements listed abov
e
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n
s
a
i
d
plans, as approved by the City Manager, in accordance wit
h
E
x
h
i
b
i
t
C, attached hereto.
15. Prior to issuance of any permit for building upon the
p
r
o
p
e
r
t
y
,
Developer agrees to submit to the City Manager, and receive
t
h
e
C
i
t
y
Manager's approval of the following:
A. A plan for exterior lighting on the property, including bu
t
not limited to, lighting for structures, parking lots
,
walkways, trails, court yards, and other areas of th
e
property. Lighting within the parking lots shall be
a
maximum of twenty feet in height and shall be designed an
d
installed with down-cast luminars.
B. A revised landscaping plan for Phase I of the property,
including, but not limited to plantings for screening of th
e
parking areas, plantings within the 75 ft. wide buffe
r
between the parking area and Bryant Lake, and plantings
within the parking islands.
C. A revised plan indicating complete curb and gutter
installation in the parking areas in accordance with City
standards.
D. A plan for all exterior mechanical equipment for the
property, which shall provide that no rooftop mechanical
equipment shall be located upon the top of any of the
buildings, or other structures, upon the property. Said
plan for mechanical equipment shall provide for physical
screening of all mechanical equipment designated for ground
mounting in a manner which is architecturally integral wi
t
h
the main buildings on the property.
Upon approval by the City Manager, Developer agrees to im
p
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m
e
n
t
a
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d
construct, or cause to be implemented and construct
e
d
,
t
h
o
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e
improvements listed above, as approved by the City Manager
.
16. Developer agrees that, prior to issuance of any permit fo
r
g
r
a
d
i
n
g
,
or building, upon any phase beyond Phase I of the pro
p
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r
t
y
,
a
s
depicted in Exhibit EL attached hereto, Developer shall -tubmit to the City Manager and receive the City Manager's approval of all
necessary plans and materials for review 0411 development beyond
Phase I. Said materials than include all items identical to those'
required for zoning and platting procedural requirements
Upon approval by the City Manager of said submission materials, said
submission materials shall be forwarded to the Planning Commission
and Parks, Recreation, and NatUraI ReteutcesCommission:::-fortevieW and recommendation'. Said submission Materials shall subsequently be
forwarded to the City: Council for review and subject to its
approval.
17. Developer agrees to comply with all terms and conditions of the Tree Replacement Policy of theCity, attached hereto as Exhibit G, and
hereby made: a part hereof'. 7-
Notary Public
IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknoWledged before me this
day. of , 1987, by Gary D. Peterson. the Mayor, and Carl J. Jullie, :the
City Manager, of the City of Eden Prairie. a Minnesota municipal co
r
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a
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i
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n
,
'
_
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n
,
behalf of the corporation.
Notary Public
THE INTERNATIONAL SCHOOL OF MINNESOTA, INC.
By
Its
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
day of , 1987, by , the
of the International School of Minnesota, Inc., a Minnesota corporation, on b
e
h
a
l
f
o
f
t
h
e
corporation.
(
DEVELOPER'S AGREEMENT
EXHIBIT C
I. Prior to release of final plat, Developer shall submit to the City Manager
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.
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.
IV. Prior to the dedication, transfer, or conveyance of any real property or
interest therein to the City as provided herein, Developer shall deliver to
the City an opinion addressed to the City by an Attorney, and in a form
applicable to City as to the condition of the title of such property, or, in
lieu of a title opinion, a title insurance policy insuring the condition of
the property or interest therein in the City. The condition of the title of
any real property or any interest therein to be dedicated, transferred, or
conveyed as may be provided herein by Developer to the City shall vest in
City good and marketable title thereon, free and clear of any mortgages,
liens, encumbrances, or assessments.
V.A. Developer shall submit a 100% petition signed by all owners of the property,
requesting the City to install the improvements. If Developer chooses to
execute the 100% petition, Developer waives all rights they have by virtue
of Minnesota State Statutes Sec. 429.081 or otherwise to challenge the
amount or validity of amounts, or the procedure used by the City in levying
the assessments and hereby releases the City, its officers, agents, and
employees from any and all liability related to or arising out of the
levying of the assessments. Upon approval by the City Council, the City may
cause said improvements to be made and special assessments for all costs for
said improvements will be levied on the property, except any property which
is or shall be dedicated to the public, over a five-year period.
B. 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 (including
installation costs, if any, as determined by Northern States Power),
engineering review, and street signs.
VI.A. Developer shall remove all soil and debris from, and clean all streets
within and abutting the property at least every two (2) months (or within
one week from the date of any request by City), during the period commencing
May 1 and ending October 31 of each year, until such time as such streets
and improvements therein are accepted for ownership and maintenance by City.
B. Within twenty (20) days of installation of utilities and street curb in any
portion of the property (if said time occurs between May 1 and October 31 of
any year), Developer shall sod (secured with a minimum of two (2) stakes per
roll of sod) that part of the property lying between said curb and a line
18+ inches measured perpendicular with the curb, or, in lieu of said sod,
place a fiber blanket with seed approved by the City (secured with stakes a
maximum of six (6) feet apart). Either sod or fiber must be placed upon a
minimum of four (4) inches of topsoil. The topsoil shall be level with the
top of the curb at the curb line and rise one-half inch (1/2") for each foot
from the curb line.
Developer shall maintain the sod, fiber blanket, topsoil, and grade until
such time as the streets and improvements in the property are accepted for
ownership and maintenance by City.
Developer shall also sod all drainage swales serving each 1.5 acres a
minimum distance of six (6) feet on either side of the center of the swale.
VII. 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, except for those items which are specifically authorized by this
agreement to be completed at a later date.
VIII. Developer shall submit detailed watermain and fire protection plans to the
Fire Marshall for review and approval. Developer shall follow all the
recommendations of the Fire Marshall.
IX. 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.
X. Provisions of this Agreement shall be binding upon and enforceable against
owners, their successors, and their assigns of the property herein
described.
XI. Developer represents and warrants that they own fee title to the property
free and clear of mortgages, liens, and other encumbrances.
XII. Developer shall install temporary street signs in accordance with the
recommendations of the City Building Department, prior to the issuance of
any permit to build upon the property.
XIII. Developer acknowledges that the rights of City to 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 any one or more remedies
shall not constitute a waiver of any other remedy.
XIV. Any term of this Agreement that is illegal or unenforceable at law or i
n
equity shall be deemed to be void and of no force or effect to the extent
necessary to bring such term within the provisions 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.
XV. Developer shall, prior to the commencement of any improvements, provide
written notice to Rogers Cablesystems, 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 Rogers Cab lesystems, 801 Plymouth Avenue North, Minneapolis, MN
55411.
Exhibit E
SPECIAL ASSESSMENT AGREEMENT
This is an agreement made this
day of , 1987 between the
City of Eden Prairie, Minnesota, a municipal c
o
r
p
o
r
a
t
i
o
n
(
t
h
e
"
C
i
t
y
"
)
a
n
d
International School of Minnesota, Inc., a Minnesota
c
o
r
p
o
r
a
t
i
o
n
,
(
t
h
e
"
O
w
n
e
r
"
)
.
1. Owner holds title to certain real property situated
i
n
t
h
e
C
i
t
y
o
f
Eden Prairie, County of Hennepin, State of Minnesota
w
h
i
c
h
i
s
d
e
s
c
r
i
b
e
d
o
n
E
x
h
i
b
i
t
"A" attached hereto and made a part hereof (her
e
i
n
a
f
t
e
r
r
e
f
e
r
r
e
d
t
o
a
s
t
h
e
"Property").
2. Owner desires to develop the Property in such a mann
e
r
t
h
a
t
w
i
l
l
require extension of public trunk water main through
t
h
e
P
r
o
p
e
r
t
y
,
w
h
i
c
h
i
n
c
l
u
d
e
s
oversizing, in a mutually agreeable location as determ
i
n
e
d
b
y
t
h
e
f
e
a
s
i
b
i
l
i
t
y
s
t
u
d
y
.
This extension of water main is hereinafter referred to
a
s
t
h
e
"
I
m
p
r
o
v
e
m
e
n
t
.
"
AGREEMENTS
1. Owner consents to the levying of assessments agains
t
t
h
e
P
r
o
p
e
r
t
y
for 100% of the cost of construction of the Impro
v
e
m
e
n
t
,
p
l
u
s
a
c
t
u
a
l
c
o
s
t
s
f
o
r
engineering, consultants, testing, interim financing,
p
l
u
s
n
i
n
e
p
e
r
c
e
n
t
(
9
%
)
o
f
t
h
e
final construction cost for administration, plus $2
,
8
5
0
.
0
0
p
e
r
a
c
r
e
f
o
r
e
a
c
h
a
c
r
e
contained in the legal description for the "Zoned
P
o
r
t
i
o
n
o
f
t
h
e
P
r
o
p
e
r
t
y
"
,
a
s
described in Exhibit A, attached hereto, for trunk
s
e
w
e
r
a
n
d
w
a
t
e
r
a
s
s
e
s
s
m
e
n
t
s
,
except for that portion of the cost attributable to th
e
o
v
e
r
s
i
z
i
n
g
o
f
t
h
e
w
a
t
e
r
m
a
i
n
(i.e. the cost of constructing the water main i
n
e
x
c
e
s
s
o
f
e
i
g
h
t
i
n
c
h
e
s
i
n
diameter).
2. The actual cost shall be determined by feasibility report, subject
to City Council approval. Should any cost of the Improvement be paid for by county,
state, or federal funds, the City shall take into account such funds in assessing
the Property. The assessments shall be spread uniformly over 17 years and shall
bear such interest as is allowed by law.
3. The City's assessment records for the Property will show the
assessments as "pending assessments" until levied.
4. Owner waives notice of any assessment hearing to be held at which
hearing or hearings the assessments are to be considered by the City Council and
thereafter approved and levied.
5. Owner concurs that the benefit to the Property byvirtue of the
Improvement to be constructed exceeds the amount of the assessments levied against
the Property. Owner waives all right it has by virtue of Minnesota Statutes 429.081
or otherwise to challenge the amount or validity of the assessments, ,or the
procedures used by the City in determining the amount or validity of the assessments
and hereby releases the City, its officers, agents and employees from any and all
liability related to or arising out of the imposition or levying of the assessments.
, which has the following interest in the Property,
, hereby consents and agrees to the terms of this
agreement.
CITY OF EDEN PRAIRIE
Gary D. Peterson, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
).SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1987, by Gary D. Peterson, the Mayor, and Carl J. Jullie, the
City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on
behalf of the corporation.
Notary Public
THE INTERNATIONAL SCHOOL OF MINNESOTA, INC.
By
Its
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
1987, by , the
International School of Minnesota, Inc., a
behalf of the corporation.
day of
of
corporation, on
Notary Public
Exhibit F
DECLARATION OF RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by the undersigned,
hereinafter referred to as the "declarant,"
WITNESSETH
WHEREAS, declarant is the owner of property in the City of Eden Prairie,
County of Hennepin, State of Minnesota, which is described on Exhibit "A"
(hereinafter referred to as the "Property");
WHEREAS, for the benefit of the Property, and for the benefit of the
residents of the City of Eden Prairie, declarant wishes to prevent the construction
and use of any outdoor lighting on the Property of any tennis courts, hockey rinks,
skating rinks, game fields, or any other outdoor recreational areas.
NOW, therefore, declarant hereby declares that the Property shall be held,
sold and conveyed subject to the following restrictions which shall run with the
Property and be binding on all parties having any right, title or interest in the
Property or any part thereof, their heirs, successors and assigns, and shall inure
to the benefit of each owner thereof and to the City of Eden Prairie:
1. No illumination or lighting devices shall be constructed, erected,
or used upon the Property if such lighting devices are for the purposes of
illuminating any non-enclosed tennis courts, hockey rinks, skating rinks, game
fields, or any other recreational areas.
2. The restrictions created hereby shall be permanent and shall run
with and bind the land and shall inure to the benefit of and be enforceable by
declarant, any citizen of the City of Eden Prairie, and the City of Eden Prairie as
a Minnesota municipal corporation, their respective legal representatives, heirs,
successors and assigns.
3. Enforcement of this restriction by a resident of the City of Eden
Prairie or by the City of Eden Prairie, a Minnesota municipal corporation, may be by
any proceeding at law or in equity to restrain violation, to compel compliance, and
to recover damages. These remedies are cumulative and are not exclusive of each
other. Furthermore, these remedies are in addition to, and not exclusive of, all
other remedies alllowed by law. Attorneys' fees and costs of any such action to
restrain the violation, compel compliance or recover damages shall be assessable
against and payable by any person violating the terms contained herein.
4. Invalidation of any one of the restrictions or terms of this
Declaration by judgment or Court Order shall not affect any other provision, which
shall remain in full force and effect.
5. This Declaration of Restrictions may be amended only by the City
Council of the City of Eden Prairie.
THE INTERNATIONAL SCHOOL OF MINNESOTA, INC.
By
Its
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of 1987, by , the of International School of Minnesota. Inc., a corporation, on behalf of the corporation.
Notary Public
TREE REPLACEMENT POLICY
It is the intent and desire of the City to
p
r
o
t
e
c
t
,
p
r
e
s
e
r
v
e
,
a
n
d
e
n
h
a
n
c
e
t
h
e
natural environment and beauty of Eden Prairi
e
b
y
e
n
c
o
u
r
a
g
i
n
g
t
h
e
r
e
s
o
u
r
c
e
f
u
l
a
n
d
prudent development of our existing woodland
a
r
e
a
s
.
T
o
i
n
s
u
r
e
p
r
o
p
e
r
d
e
s
i
g
n
a
n
d
development, it is necessary to promote tree pr
e
s
e
r
v
a
t
i
o
n
a
n
d
/
o
r
r
e
q
u
i
r
e
r
e
p
l
a
c
e
m
e
n
t
of significant trees. A significant tree is
d
e
f
i
n
e
d
a
s
a
t
r
e
e
o
f
1
2
i
n
c
h
e
s
i
n
diameter or greater whose mature height will be
g
r
e
a
t
e
r
t
h
a
n
3
0
f
e
e
t
(
e
x
a
m
p
l
e
s
:
.
o
a
k
,
'maple, basswood, etc.), or a tree of 8 inc
h
e
s
i
n
d
i
a
m
e
t
e
r
o
r
m
o
r
e
w
h
o
s
e
m
a
t
u
r
e
height is usually' less than 30 feet (e
x
a
m
p
l
e
s
:
b
l
a
c
k
c
h
e
r
r
y
,
i
r
o
n
w
o
o
d
,
cedar/juniper, red maple, etc.).
When reviewing new development projects, eith
e
r
c
o
m
m
e
r
c
i
a
l
o
r
r
e
s
i
d
e
n
t
i
a
l
,
'
p
i
t
y
Staff attempts through design to preserve and
p
r
o
t
e
c
t
n
a
t
u
r
a
l
s
i
t
e
c
h
a
r
a
c
t
e
r
i
s
t
i
c
s
such as wooded areas, hills, and ponds. Howev
e
r
,
i
t
i
s
n
o
t
a
l
w
a
y
s
p
o
s
s
i
b
l
e
a
n
d
/
o
r
feasible to .save 100% of any existing signi
f
i
c
a
n
t
n
a
t
u
r
a
l
s
i
t
e
c
h
a
r
a
c
t
e
r
i
s
t
i
c
.
Because of this, a tree replacement policy was
d
e
v
e
l
o
p
e
d
.
Background
In developing the tree replacement policy,. S
t
a
f
f
h
a
d
t
o
d
e
t
e
r
m
i
n
e
t
h
e
f
o
l
l
o
w
i
n
g
items:
1) Which species of trees shall be replaced?
Deciduous hardwood trees which shall be replace
d
i
n
c
l
u
d
e
s
o
a
k
,
m
a
p
l
e
,
b
a
s
s
w
o
o
d
,
a
s
h
,
ironwood, etc.. In addition, coniferous trees
s
h
a
l
l
a
l
s
o
b
e
r
e
p
l
a
c
e
d
i
f
t
h
e
y
m
e
e
t
the specific size requirement. It is the respo
n
s
i
b
i
l
i
t
y
o
f
t
h
e
d
e
v
e
l
o
p
e
r
t
o
s
u
b
m
i
t
a certified tree inventory depicting:
a) The size and species of all trees greater than
1
2
i
n
c
h
e
s
i
n
d
i
a
m
e
t
e
r
of trees whose mature height will be greater th
a
n
3
0
f
e
e
t
(
e
x
a
m
p
l
e
s
:
oak, maple, basswood, ash, Colorado Blue Spruce
,
e
t
c
.
)
.
b) The size and species of all trees greater than
8
i
n
c
h
e
s
i
n
d
i
a
m
e
t
e
r
of trees whose mature height is usually less th
a
n
3
0
f
e
e
t
(
e
x
a
m
p
l
e
s
:
black cherry, ironwood, cedar/juniper, red mapl
e
,
e
t
c
.
)
.
It is from this tree inventory that the actua
l
t
r
e
e
l
o
s
s
s
h
a
l
l
b
e
c
a
l
c
u
l
a
t
e
d
a
n
d
t
h
e
amount of replacemnt determined.
START OF
RETAKE
The images appearing between this point and the End of Retake target
are true, accurate, and complete copies of records that previously were
not filmed or were filmed incorrectly.
2) At what point (percentage) is a significant wooded area
s
u
b
s
t
a
n
t
i
a
l
l
y
altered by tree removal.
For a wooded site, short of acquisition by the City, some tre
e
r
e
m
o
v
a
l
i
s
p
r
o
b
a
b
l
y
unavoidable and reasonable to expect as a part of developme
n
t
o
f
t
h
e
l
a
n
d
.
B
y
o
n
l
y
replacing significant trees, a substantial amount of veget
a
t
i
o
n
u
n
d
e
r
t
h
i
s
s
i
z
e
could be removed without replacement. This fact alone allows
c
o
n
s
i
d
e
r
a
b
l
e
l
a
t
i
t
u
d
e
in the reasonable development of property.
Generally, the smaller the percentage of the overall wooded
p
o
r
t
i
o
n
o
f
t
h
e
s
i
t
e
t
h
a
t
Is removed, the less the change in the character of this sit
e
;
t
h
e
r
e
f
o
r
e
,
t
h
e
l
e
s
s
the percentage of replacement necessary to preserve the char
a
c
t
e
r
o
f
t
h
e
s
i
t
e
.
T
h
e
larger the percentage of removal of trees of the total wooded
a
r
e
a
t
h
e
g
r
e
a
t
e
r
t
h
e
change in the character of the site and the larger the
p
e
r
c
e
n
t
a
g
e
o
f
t
r
e
e
replacement required to help mitigate the change in si
t
e
c
h
a
r
a
c
t
e
r
.
S
t
a
f
f
,
therefore, suggests that for any removal of the significa
n
t
t
r
e
e
s
o
n
a
s
i
t
e
,
a
proportion of the trees shall be replaced on a diameter (calip
e
r
)
i
n
c
h
f
o
r
d
i
a
m
e
t
e
r
inch basis. The first 100 caliper inches of tree removal from a site shall be replaced 100% with the remaining caliper inches replaced on a proportionate bas
i
s
.
The proportion of tree replacement shall diminish from 100% replacement at 60% lo
s
s
down at a constant rate to the 100 caliper inch mark. Trees re
m
o
v
e
d
o
u
t
s
i
d
e
o
f
a
n
approved construction plan would continue to be replaced at 100
%
o
n
a
n
a
r
e
a
i
n
c
h
p
e
r
•area inch basis.
Tree Replacement Calculations
The amount of tree replacement is based upon the total a
m
o
u
n
t
o
f
c
a
l
i
p
e
r
i
n
c
h
e
s
removed from the site divided by the total amount of ca
l
i
p
e
r
i
n
c
h
e
s
.
o
n
-
s
i
t
e
.
General provisions of this policy include:
1) The first 100 caliper inches removed from any site shall be r
e
p
l
a
c
e
d
1
0
0
percent.
2) If the percent of caliper inches removed is greater than
o
r
e
q
u
a
l
t
o
6
0
percent, the caliper inch replacement shall be 100 percent.
Tree Replacement Formula
Total Caliper Inches Removed = Percent Caliper Inches Removed Total Caliper Inches
Percent Caliper Inches Removed x Tree Replacement Factor
(
1
.
6
6
)
=
P
e
r
c
e
n
t
T
r
e
e
Rep lacement
Total Caliper Inches Removed - 100 = Total Caliper Inches Repla
c
e
d
b
y
P
e
r
c
e
n
t
a
g
e
(Total Caliper Inches Replaced by Percentage x Percent Tree
R
e
p
l
a
c
e
m
e
n
t
)
+
1
0
0
=
Total Caliper Inch Replacement
END OF
RETAKE
Examples
1) 95 Caliper Inches Removed
400 Total Caliper Inches
95
400 = 23.75%
Regardless of percentage, because the total amount of t
r
e
e
r
e
m
o
v
a
l
i
s
l
e
s
s
than or equal to 100, tree replacement shall be 100% or
9
5
c
a
l
i
p
e
r
i
n
c
h
e
s
.
2) 367 Caliper Inches Removed
743 Total Caliper Inches
367
NI = 49.39%
49.39% x 1.66 = 81.98%
367 - 100 = 267
(267 x 81.98%) + 100 = 318.88 or 319 Caliper Inches Repla
c
e
d
3) 811 Caliper Inches Removed
923 Total Caliper Inches
811
T2I = 87.86%
Because the percentage of trees removed is greater than o
r
e
q
u
a
l
t
o
6
0
%
,
t
h
e
amount of tree replacement shall be 100% or 811 caliper i
n
c
h
e
s
.
Replacement Locations
Listed in order or priority are the locations in which tree replacement shall
o
c
c
u
r
.
1) Site restoration areas including steep slopes.
2) Other areas
a) Outlots or common areas.
b) Buffering between different land use activities.
c) Entrance monuments.
3) Front yard replacement.
4) Adjacent park or community open space (shall be coordin
a
t
e
d
b
y
t
h
e
P
l
a
n
n
i
n
g
Staff and the Community Services Staff).
Once the amount of tree replacement has been determi
n
e
d
,
t
h
e
p
r
o
p
o
n
e
n
t
w
i
l
l
b
e
required to submit a landscape plan detailing the locati
o
n
,
t
y
p
e
a
n
d
s
i
z
e
s
o
f
t
r
e
e
s
to be replaced. This plan will be required prior to
f
i
r
s
t
r
e
a
d
i
n
g
b
y
t
h
e
C
i
t
y
Council.
Enforcement
For trees planted within site restorati
o
n
a
r
e
a
s
i
n
c
l
u
d
i
n
g
s
t
e
e
p
s
l
o
p
e
s
,
o
t
h
e
r
a
r
e
a
s
(examples: out lots or common areas, b
u
f
f
e
r
i
n
g
,
o
r
e
n
t
r
a
n
c
e
m
o
n
u
m
e
n
t
s
)
o
r
a
d
j
a
c
e
n
t
parks or community open spaces, th
e
p
r
o
p
o
n
e
n
t
w
i
l
l
b
e
r
e
q
u
i
r
e
d
t
o
f
o
l
l
o
w
n
o
r
m
a
l
landscape bonding procedures. Fo
r
t
r
e
e
s
p
l
a
n
t
e
d
w
i
t
h
i
n
i
n
d
i
v
i
d
u
a
l
l
o
t
s
,
t
h
e
procedure shall be as follows:
1) Proponent shall submit a landscape pl
a
n
d
e
t
a
i
l
e
d
s
i
z
e
,
t
y
p
e
a
n
d
l
o
c
a
t
i
o
n
o
f
trees and plants within individual lot
s
.
*
2) Proponent will be required to sub
m
i
t
a
b
o
n
d
2
1
/
2
t
i
m
e
s
t
h
e
c
o
s
t
o
f
landscaping for the entire project.
3) The City will provide one landscape i
n
s
p
e
c
t
i
o
n
e
a
c
h
y
e
a
r
(
u
s
u
a
l
l
y
i
n
t
h
e
fall) for each individual project. At th
a
t
t
i
m
e
,
t
h
e
a
m
o
u
n
t
o
f
l
a
n
d
s
c
a
p
i
n
g
installed will be determined and a sub
s
e
q
u
e
n
t
b
o
n
d
a
m
o
u
n
t
r
e
l
e
a
s
e
d
.
T
h
e
amount of bond released at this time s
h
a
l
l
b
e
e
q
u
a
l
t
o
t
h
e
c
o
s
t
o
f
t
h
e
t
r
e
e
s
installed. The remaining 1 1/2 times
b
o
n
d
a
m
o
u
n
t
w
i
l
l
b
e
r
e
t
a
i
n
e
d
b
y
t
h
e
City as a warranty for tree repla
c
e
m
e
n
t
.
O
n
c
e
a
p
r
o
j
e
c
t
i
s
t
o
t
a
l
l
y
completed, the City will at the request
o
f
t
h
e
d
e
v
e
l
o
p
e
r
p
r
o
v
i
d
e
a
l
a
n
d
s
c
a
p
e
inspection to ensure compliance.
I
f
a
l
l
o
f
t
h
e
l
a
n
d
s
c
a
p
i
n
g
h
a
s
b
e
e
n
installed, the City shall follow normal
i
n
s
p
e
c
t
i
o
n
p
r
o
c
e
d
u
r
e
s
.
Should any of the landscaping mat
e
r
i
a
l
n
o
t
b
e
i
n
s
t
a
l
l
e
d
,
t
h
e
C
i
t
y
w
i
l
l
r
e
t
a
i
n
t
h
e
associated bond amount which shall be
p
l
a
c
e
d
i
n
t
o
a
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
F
u
n
d
.
The purpose of the Natural Resour
c
e
s
F
u
n
d
s
h
a
l
l
i
n
c
l
u
d
e
b
u
t
n
o
t
l
i
m
i
t
e
d
t
o
t
h
e
purchase of landscaping to be placed
w
i
t
h
i
n
t
h
e
a
d
j
a
c
e
n
t
n
e
i
g
h
b
o
r
h
o
o
d
o
r
c
o
m
m
u
n
i
t
y
park.
* (If it has been determined that
t
h
e
t
o
t
a
l
n
u
m
b
e
r
o
f
t
r
e
e
s
r
e
q
u
i
r
e
d
f
o
r
replacement cannot be placed on the
s
i
t
e
,
t
h
e
p
r
o
p
o
n
e
n
t
h
a
s
t
h
e
o
p
t
i
o
n
t
o
p
a
y
o
n
a
caliper inch basis an equal amount int
o
t
h
e
N
a
t
u
r
a
l
R
e
s
o
u
r
c
e
s
F
u
n
d
.
T
h
e
p
r
o
c
e
e
d
s
from this fund shall be used to provide
l
a
n
d
s
c
a
p
i
n
g
i
n
t
h
e
a
s
s
o
c
i
a
t
e
d
n
e
i
g
h
b
o
r
h
o
o
d
or community park.)
Sizes and Types
The minimum size of trees which shall
b
e
g
i
v
e
n
c
r
e
d
i
t
f
o
r
t
r
e
e
r
e
p
l
a
c
e
m
e
n
t
a
r
e
a
3
"
deciduous tree or an 8' coniferous tr
e
e
.
N
o
r
e
p
l
a
c
e
m
e
n
t
c
r
e
d
i
t
w
i
l
l
b
e
g
i
v
e
n
f
o
r
ornamental trees. The following list
d
e
s
c
r
i
b
e
s
t
h
e
t
y
p
e
s
o
f
t
r
e
e
s
s
u
i
t
a
b
l
e
t
o
b
e
planted in Eden Prairie. (Trees desi
g
n
a
t
e
d
f
o
r
r
e
p
l
a
c
e
m
e
n
t
s
h
a
l
l
b
e
o
f
a
s
i
m
i
l
a
r
variety of the trees which were remove
d
)
.
SHADE TREES - Large trees 30+ feet mature heinht
Norway Maple - Acer platano ides
cultivars - 'Cleveland', 'Crimson King',
'
R
o
y
a
l
R
e
d
'
,
'
S
c
h
w
e
l
d
e
r
'
,
'
S
u
p
e
r
f
o
r
m
'
Red Maple - Acer rubrum
cultivars - 'Northwood', 'Red Sunset'
Silver Queen Silver Maple (seedless) - Acer saccharinu
m
'
S
i
l
v
e
r
Q
u
e
e
n
'
Sugar Maple - Acer saccharum
Cult ivar - 'Green Mountain'
River Birch - Betula nigra
Hackberry - Celtis occidentalis
Green Ash - Fraximus pennsylvanica
cultivars - 'Kindred', 'Newport', 'Bergeson',
'Marshall 's Seedless 'Patmore' , '
Ginkgo - Ginkgo biloba
Honeylocust - Glenditsia tricanthos inermis
cu It ivars - ' Irrper ial , Shademaster' , 'Skyline'
Kentucky Coffeetree - Gymnocladus dioicus
White Oak - Quercus alba
Swamp White Oak - Quercus bicolor
Red Oak - Quercus rubra
American Linden - Tilia americana
Littleleaf Linden - Tilia-cordata
cultivars - 'Sunnier Splender', 'June Bride', 'Greenspir
e
'
Redmond Linden - Tilia x euchlora
Conifer Trees
Balsam Fir - Abies balsamea
White Fir - Abies concolor
European Larch - Larix decidua
Black Hills Spruce - Picea glauca 'Bensata'
Austrian Pine - Pinus nigra
Ponderosa Pine - Pinus ponderosa
Scotch Pine - Pinus sylvestris
White Pine - Pinus strobus
Douglas Fir - Pseudotsuga menziesii
Canadian Hemlock - Tsuga canadensis
1T P r E E. 20 25 70- 75 -40 -4-5.50 !F.:5 k5::( (55 70 75 P E E iTI TREE f:1 t1 OVA L EDEN PRAIRIE
International School of Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 87-115
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 10-87 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 10-87 was adopted and ordered published at a special
meeting of the City Council of the City of Eden Prairie on the 30th day of April,
1987;
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:10-87, 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 brevier or eight-point type, as defined in
Minn. Stat. sec. 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. 10-87 shall be recorded in the ordinance
along with proof of publication required by paragraph: B herein,
within 20 days after said publication.
ADOPTED by the City Council on April 30, 1987.
Gary D. Peterson, Mayor
ATTEST:
John D. Frane, City Clerk
International School of Minnesota
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 10-87
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOT
A
,
R
E
M
O
V
I
N
G
C
E
R
T
A
I
N
L
A
N
D
F
R
O
M
O
N
E
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDI
N
G
T
H
E
L
E
G
A
L
D
E
S
C
R
I
P
T
I
O
N
S
O
F
L
A
N
D
IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY
C
O
D
E
C
H
A
P
T
E
R
1
A
N
D
S
E
C
T
I
O
N
1
1
.
9
9
,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISION
S
-
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MIN
N
E
S
O
T
A
,
O
R
D
A
I
N
S
:
Summary: This Ordinance allows rezdhing of land located
e
a
s
t
o
f
I
-
494, north of Bryant Lake, south of CSAH #62 (C
r
o
s
s
t
o
w
n
H
i
g
h
w
a
Y
)
,
f
r
o
m
t
h
e
R
u
r
a
l
District to the Public District, subject t
o
t
h
e
t
e
r
m
s
a
n
d
c
o
n
d
i
t
i
o
n
s
o
f
a
developers agreement. Exhibit A, included with
t
h
i
s
O
r
d
i
n
a
n
c
e
,
g
i
v
e
s
t
h
e
f
u
l
l
legal description of this property.
Effective Date: This Ordinance shall take effect up
o
n
p
u
b
l
i
c
a
t
i
o
n
.
ATTEST:
/s/John D. Frane
/s/Gary 0. Peterson City Clerk
Mayor
PUBLISHED in the Eden Prairie News on the
day of , 1987.
(A full copy of the text of this Ordinance is avai
l
a
b
l
e
f
r
o
m
t
h
e
C
i
t
y
C
l
e
r
k
.
)
•1111.1.11/1.3011111MINIII . e . la IINIP^V. am& • 1," -11111110 CIS NE LI EISA fr ES
JULY 1986
APRIL 1987
13
BEGINS WITII:
ENDS WITII:
2/8/94 /1 /(11a_A
CAMERA OPERATOR'S CERTIFICATE
I hereby certify that the microphotographs appearing on this roll of film are true,
accurate, and complete copies of the original records described below.
Reproductions intended to serve as permanent records comply with standards
established by the Minnesota I listorical Society.
AGENCY OF ORIGIN:
RECORD SERIES:
INCLUSIVE DATES/NOS:
CITY OF EDEN PRAIRIE
COUNCIL PACKETS
JANUARY 1977 - DECEMBER 1991
DATE
CAMERA' OPERATOR'S SIGNATURE
(A/-
CONCEPT MICRO IMAGING
PRODUCING LABORATORY
MINNETONKA, MN
caws -FATE -