HomeMy WebLinkAboutCity Council - 11/04/1980 4
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EDEN PRAIRIE CITY COUNCIL
'ESDAY, NOVEMBER 4, 1980 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Oean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF: City Manager Roger Ulstad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Finance Director John Frane; Director of
Community Services Bob Lambert; City
Engineer Carl Jullie; and Joyce Provo,
Recording Secretary
INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. PRESENTATION OF CHECK IN THE AMOUNT OF $1,350 TO BE USEO AS PARTIAL PAYMENT
FOR A FOUR-WHEEL DRIVE VEHICLE FOR EDEN PRAIRIE PUBLIC SAFETY DEPARTMENT
Presentation to be made by Dick Gran and Doug Meyers representing the Eden
Prairie Lions Club
III. UPDATE OF COMPREHENSIVE STUDY OF HUMAN SERVICES IN THE SOUTH HENNEPIN AREA
(Russ Stricker, Executive Director of the South Hennepin Human Services
Council)
( IV. APPROVAL OF MINUTES
A. Special Eden Prairie City Council meeting held Tuesday, September 30, Page 2600
1980
B. Regular City Council meeting held Tuesday, October 7, 1980 Page 2604 ".
C. Regular City Council meetina held Tuesday, October 21, 1980 Page 2619
V. CONSENT CALENDAR
A. Request to set Public Hearing for Prairie House for December 2, 1980 Page 2626
B. Request to set Public Hearing for Edengate Single Family by Cato, Inc. Page 2627
for December 2, 1980
C. Final plat approval for Anderson Lakes Addition (Resolution No. Page 2628
BO-217)
D. Developer's agreement for Anderson Lakes Parkway Neighborhood Shopping Page 2630
Center
E. 2nd Reading of Ordinance No. 80-23, rezoning from C-Reg. to Office Page 2634
for 7.7 acres for Bryant Lake Center/Lakeridge Office Park and developer's
agreement
( F. 2nd Reading of Ordinance No. 80-06, rezoning Opus Office Plaza to Office Page 2648 ,•
and approval of developer's agreement
G, 2nd Reading of Ordinance No. 80-26, rezoning 2 acres from Rural to R1-22 Page 2661
ro-r lro1ejsi lafft o-1 by Toseph Dolejsi
City Council Agenda - 2 - Tues.,November 4, 1980
VI. PUBLIC HEARINGS
A. Request for preliminary approval of Municipal Industrial Development Page 2662
Bonds in the amount of $410,000.00 for Ryan-Lakeridge Project (Resolution
No. 80-212)
B. Request for preliminary approval of Municipal Industrial Development Page 2675 1
Bonds in the amount of $500,000.00 for Hustad Properties Project
(Resolution No. 807213
C. Request for preliminary approval of Municipal Industrial Development Page 2687
Bonds in the amount of $345,000.00 for Oldre Partnership Project
(Resolution No. 80-214)
D. Eden Prairie Community Church. Request to rezone 5 acres from Rural to Page 2699
Public for construction of a church. Located west of the new High
School and north of Valley View Road (Ordinance No. 80-28)
E. Eide's Knoll by Orris Eide. Request to rezone 2 acres from Rural Page 270 1
to R1-13.5 and preliminary plat 4 lots for 3 new homes. Located at
15601 Valley View Road. (Ordinance No. 80-29 and Resolution No.
8D-220) i
VII. PAYMENT OF CLAIMS NOS. 3714 - 3863 Page 2707
VIII. REPORTS OF ADVISORY COMMISSIONS
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Appointments to the Joint Transportation Committee between Eden Prairie
and Bloomington (1 Staff Representative, 2 citizens, and 1 Council
member)
2. Set date and time to meet as Canvassing Board
B. Report of City Attorney
C. Report of City Manager
1. Property acquisition for Public Safety Building and Maintenance Page 2710
Building
D. Report of Director of Community Services
1. Park Use Ordinance (continued from October 21, 1980) Page 2711
2. Re ort from Architect concerning addition to Community Center Page 2718
preliminary plan and cost estimates)
3. Report from Architect concerning Round Lake Shelter Page 2724
4. Parks, Recreation & Natural Resources Commission request concerning Page 2732
identifying signs for lakes in the City
City Council Agenda - 3 - Tues.,November 4, 1980
E. Report of City Engineer
1. Agreement for participation in signalizing railroad grade crossings Page 2733
on Riley Lake Road and Birch Island Road (Resolution Nos. 219 and 216)
2. Consider bids for improvements on Industrial Drive (Resolution Page 2734
No. 80-218)
3. Public Participation Work Plan for alternate sanitary waste disposal Page 2736
study for southwest Eden Prairie
X. NEW BUSINESS
XI. ADJOURNMENT.
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SPECIAL MEETING
EDEN PRAIRIE CITY COUNCIL
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TUESDAY, SEPTEMBER 30, 1980 7:30 P.M., CITY HALL
COUNCIL M:riZERS PRESENT: Mayor Wolfgang Penzel, Doan Edstrom, Dave Osterholt,
Sidney Pauly and Paul Redpath
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COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney Roger
Pauly; Director of Community Services Bob Lambert;
and Carrie Tietz, Recording Secretary (substitute
for Joyce Provo)
The meeting was called to order by Mayor Penzel at 7:35 P.M.
I. APPROVAL OF AGENDA AND OTTER ITEiMS OF BUSINESS
Add to Agenda: II.D. Chicago Northwestern Railraod Crossing at County
Road -Ulstad
MOTION: Redpath moved that the Agenda be approved as published with the
addition. The motion was seconded by Osterholt and carried unanimously.
II. REPORT OF CITY !NGIN1ER
A. Consider bids for I.C. 51-386, sewer and water laterals for six lots
abuttinM: T.H. 101 north of Valley View Road (Resolution No. 80-191)
MOTION: Osterholt moved to adopt Resolution No. R80-191 to acoept
the bid of F. F. Jedlecki, Inc., in the amount of $34,896.00 for
I.C. 51-386. Edstrom seoonded the motion and it carried unanimously.
B. Consider bids for I.C. 51-383, Ryrnarland Camp 2nd Addition - sanitary
sewer, storm sewer, rratermain and street improvements (Resolution No.
80-192)
MOTION: Redpath moved to adopt Resolution No. R80-192 to acoept the
bid of Brown & Cris, Inc., in the amount of $263,824.30, for •
I.C. 51-383. Osterholt seconded the motion and it carried unanimously.
C. Plat correction certificate - High Point
MOTION: Pauly moved to approve the Certificate of Correction to the
plat of High Point. Osterholt seconded the motion and it carried
unanimously.
D. Chicago Northwestern Railroad Crossing at County Road 4
Ulstad spoke to the Council on the City Attorney's recommendation to
construct appropriate signs at the railroad crossing on County Road 4.
MOTION: Redpath moved to approve that the City construct appropriate
signs at the railroad crossing on County Road 4 per recommendation by
the City Attorney. Osterholt seconded the motion and it carried
unanimously.
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TO: Mayor and City Council
FROM: John D. Frane, Finance Director
DATE: November 4, 1980
RE: Final Approval M.I.D.B.'s Prairie Partners $635,000.00
Lance Norderhus, Del Einess and Reynold Anderson are requesting
final approval for their project next to the Prairie Village
Mall. Resolution No. 80-221 has been approved by the City Attorney's
office. It has not been included because of its length.
JDF:bw
11/4/80
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SPECIAL MEETING —CITY COUNCIL —2— 30 September, 1980
III. IMPORT OF DIRECTOR OF COMUNITY SERVICES
A. Resolution No. 80-189, regarding construction of bicycle trail on
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County Road 1
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MOTION: Redpath moved to approve Resolution No. 80-189 to construct A
an eight foot asphalt bikeway on the north side of County Road 1 from
Highway 169 westerly to connect to the existing bikeway at the time
the property in that location is developed. Pauly seconded the motion
and it carried unanimously.
B. Consider bids for Eden Prairie Community Center
Mae Matsumoto of Smiley Glotter Associates read through the apparent
low bidders as a result of the bid opening September 25, 1980.
They are as follows:
1. General Construction —Diagney Construction Co. — $1,653,000
2. Mechanical Work — Consolidated Plumbing, Heating 485,800
& Cooling Company
3. Electrical Work —Weaver Electric Co. — 21230,414
4. Ioe Rink System —Holmsten Ice Rink, Ino. —
$2,587,404
Matsumoto told the Council that approximately one hour after the bid
opening, a call came into his office from Mr. Jim Rohr of Consolidated
Plumbing, Heating & Cooling Company, asking that their bid be withdrawn
due to an error in his bid.
The second apparent low mechanical bid, at $531,350, is Rainbow
Mechanical, Inc., of Hamel, MN. Matsumoto explained that this bid
would change the total from $2,587,404 to $2,632,954. Smiley Glotter
Assooiates' recommendation to the City is to accept the four apparent
low bidders and reject the other bids.
Lambert summarized his memo of hay 29, 1980 wherein Staff recommended
paying for the excess costs of the Community Center from the following
sources:
a) $140,000 useable interest accrued for this project from
the bond referendum funds;
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b) $311,000 from the Metro Council when they purchase Andorson
Lake and Bryant Lake Parks; and
o) $295,000 LAWCON funds for 1981.
Lambert pointed out that Staff reoommende taking a combination of these
three sources to cover the excess costs of the Center.
Osterholt pointed out that he would like to see more levy money used
for this project and that the Metro Park money should be used for park
purposes and not for the Corununity Center.
SPECIAL jilCETING —CITY COUNCIL -3- 30 September, 1980
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Edstrom asked the architect to give words on the competence, if known, •
of the apparent low bidders. Matsumoto said he has not worked with
Kagney Construction before, but has not heard any negative reports on
them. Matswnoto said that his engineer, Joe Doleis, speaks highly of
the other three contractors and also has no reservations about Rainbow
Ideohanical, the second apparent low mechanical bid.
Osterholt mentioned a concern he has heard from other ice rink operations
that mechanical problems can occur after the project is complete. In lieu
of this, what kind of guarantees are there on an ice system? He further
asked if certain problems might be avoided through pressure testing, for
example? ,'latswnoto said that if the City has a specific concern about
guarantees he or Doleis can check on it. He cited his experience working
on the St. Louis Park ice system and knows of no problems there since the
installation phase.
At this point Richard T. Kavaney, Attorney for Consolidated Plumbing,
stated the situation causing his client to request withdrawal of their
bid.
Kavaney stated that the $63,000 error was clerical in nature. The
$63,000 price for temperature control was entered on his clients recap
sheet but it was not entered on the adding machine tape thus showing
the final total to be $63,000 low. He else stated that Consolidated
called Smiley Clotter right away after detecting the error and followed
up with a letter to the architect and the City.
Kavaney said he is asking that his client, Consolidated Plwnbing, be
allowed to withdraw their bid and that the bid bond be returned.
At this point City Attorney Roger Pauly reviewed past cases in Minnesota
similar to this one, and recommends the City release Consolidated Plumbing
from their bid and the bond be returned. Mr. Pauly conourred with
Kr. Kavaney that Consolidated Plumbing did notify the architect
approximately one hour after the bids were opened, and they were not
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grossly negligent as this was a case of an unintentional clerical error.
Osterholt asked if rebidding the mechanical is in order under the
circumstances. Matsumoto said taking the second apparent low bid is
a fair solution in 'his opinion.
Steve Craig of Central Pool Supply, a bidder on the Center, expressed
the opinion there were inconsistencies in the specifications with regard
to the gutter systems. He said as a mechanical contractor there was
confusion as to how to bid due to the inconsistencies (he specifically
cited Alternate iMi-4).
Matsumoto regretted that his engineer Joe Doleis, could not be present
/ to address this issue. He pointed out that gutters other than the basic
ones in the specifications, were bid as either "add" or "deduct" so
2(00�
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SPECIAL MEETING —CITY COUNCIL .4— 30 September, 1980
if there were differences in systems, the bidder could bid as he saw
fit. Matsumoto said, however, if there is a question, he would be
happy to review it with his staff and give their judgement.
Pauly asked the Consolidated Plumbing people present if they felt
there was confusion on this issue. The response was no.
MOTION: Osterholt moved that the bide for the Eden Prairie Community
Center be awarded to the apparent low bidders with the exception of
mechanical whioh will go to the second apparent low bidder, Rainbow
Mechanioal, and that Consolidated Plumbing&Heating be released
from the bid bond. Edstrom seconded the motion and it carried with
all members of the Council voting in favor of the motion.
MOTION: Edstrom moved that the City issue a letter of intent to
allow contractors to begin work immediately rather than wait until
contracts are awarded. Redpath seconded the motion and it carried
unanimously.
Penzel asked how Staff felt about the City buying the building materials
itself to save the 4, sales tax. Ulstad said he did not feel it was
worth it. He said he does not feel the City has anyone on the staff
expert enough to purchase the materials and he foresees inventory and
storage problems.
Redpath moved to adjourn the meeting at 8:20 P.M.
Respectfully submitted,
Carrie Tietz
Recording Secretary
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UNAPPROVED
EDEN PRAIRIE CITY COUNCIL MINUTES
TUESDAY, OCTOBER 7, 1980 7:30 PM, CITY HALL
COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel, Dean Edstrom, Dave
Osterholt, Sidney Pauly and Paul Redpath
COUNCIL STAFF PRESENT: City Manager Roger K. Ulstad; City Attorney
Roger Pauly; Planning Director Chris Enger;
Director of Community Services Bob Lambert;
City Engineer Carl Jullie; Finance Director
John Frane, and Joyce Provo, Recording
Secretary
INVOCATION: Councilman Dave Osterholt
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added under the City Engineer's report: 1. Chan e
Order No. 1 to Contract No. 51-325 D-G, Progressive Contractors, Inc.,in t e
amount of $18,365.00 for watermain extension to serve the Community Center at
Round Lake Park as VII. E. 8, and 2. Resolution No. 80-202, authorizing permit
Application for connection to Metropolitan Waste Control Commission interceptor
sewer on Industrial Drive, I.C. 51-288 as VII. E. 9.
MOTION: Redpath moved, seconded by Pauly, to approve the agenda as amended
and published. Motion carried unanimously.
II. APPROVAL OF MINUTES
A. Housing & Redevelopment Authority meeting held Tuesday, September 2,
1980
2nd para., last line, strike "Council" and insert "Commission"; 6th para.,
5th line, strike "Council" and insert "Commission".
MOTION: Osterholt moved, seconded by Pauly, to approve the Housing &
Redevelopment Authority minutes of September 2, 1980, as amended and
published. Motion carried unanimously.
B. City Council meeting held Tuesday, September 2, 1980
Pg. 1, 4th para., last line, strike "Bukelich" and insert "Vukelich"; Pg. 5, •
last para., 1st line, strike "Sather" and insert "Sathre"; Pg. 8, 5th para.,
6th line, strike "impervious" and insert "pervious"; and on Pg. 9, 9th para.,
strike "hasen't" and insert "hasn't"..
MOTION: Redpath moved, seconded by Osterholt, to approve the City Council
minutes of September 2, 1980, as amended and published. Motion carried
unanimously.
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City Council Minutes - 2 - October 7, 1980
C. City Council meeting held Tuesday, September 16, 1980
Pg. 6, 4th para., 5th line, strike "aids" and insert "aides"; Pg, 10, strike
the 5th para. in its entirety.
MOTION: Osterholt moved, seconded by Redpath, to approve the City Council
minutes of September 16, 1980, as amended and published.
III. CONSENT CALENDAR
A. Request to set Public Hearing for preliminary approval of Municipal Industrial
Development Bonds in the amount of $410,000.00 for Ryan-Lakeridge Project for
November 4, 1980
B. Request to set Public Hearing for preliminary approval of Municipal Industrial
Development Bonds in the amount of $500,000.D0 for Hustad Properties Project
for November 4, 1980
C. Request to set Public Hearing for preliminary approval of Municipal Industrial
Development Bonds in the amount of $345,000.00 for Oldre Partnership Project
for November 4, 1980
D. 2nd Reading of Ordinance No. 80-22, rezoning properties in Southwestern Eden
Prairie to Rural
E. Petition for improvements on 8ennett Place, I.C. 51-375 (Resolution No. •
80-198)
F. 2nd Reading of Ordinance No. 79-39, rezoning Creekview Estates from Rural to
R1-13.5 and approval of developer's agreement
G. Set Public Hearing for Eide's Knoll, rezoning of 4 lots to R1-13.5 for
November 4, 1980
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H. 2nd Reading of Ordinance No. 80-20, changing the street names within the
plats of Bluff's West and Bluff's West 2nd Addition
I. Final plat approval for Topview Acres 4th Addition (Resolution No. 80-197)
J. 100% petition for improvements from Condon-Naegele Realty, I.C. 51-396
(Resolution No. 80-200)
K. Reschedule Public Hearings for Cable TV from October 21 and November 4, 1980,
to November 18 and December 2, 1980
L. Clerk's License List
M. Resolution No. 80-194, appointing election judges for the General Election
MOTION: Redpath moved, seconded by Edstrom, to approve items A - M on the Consent
Calendar. Motion carried unanimously.
City Council Minutes - 3 - October 7, 1980
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IV. PUBLIC HEARINGS i.
A. Timber Creek PUD by B-T Land Company. Request for Planned Unit Development 1
( approval on 150 acres of land for single family and multiple residential, park g
land and open space uses. Located north of Duck Lake Trail, west of Co. Rd. 5.
4, and south of Townline Road (Resolution No. 80-151 - PUD, and Resolution No.
80-159 - Environmental Assessment Worksheet) Continued from September 2, 1980
Planning Director Enger explained on September 2nd the Council instructed staff
to work with the developer to obtain a higher percentage of open space within 1
the northern portion of the project. The staff took a two pronged approach i.
to this: 1) to obtain an appraisal, and 2) to work through the PUD process as
the Council has in some projects in the past to see if a density transfer would
be in order to accommodate the additional park land. Staff suggested to the
developer that he consider a clustered housing approach in the northern portion
of the project to take the units and cluster them over toward the west,and to
dedicate to the City the land which had been suggested from the east side of
the knoll on down. This required a modification of the plan and the developer
has now come up with a different plan. Rather than 60 single family lots in the
northern portion of the plan, the developer will cluster 100 multiple units
on the west side of the development north of Purgatory Creek. A total of p
of approximately 68 acres of the 159 acres will be dedicated to the City as 1
open space and a density transfer credit from this land given. The developer 1
would then pay a cash park fee of approximately $82,000 to fulfill his park i
obligation. Total number of units proposed change from 253 to 302. 3
Director of Community Services Lambert further added staff proposed to the
developer that if he dedicated the 7.6 acres in the southwest corner of the
( plan, flood plain, the 10.4 acre northern park and the northern wooded hill 0
(a total of 68 acres), he would get a density credit over the entire area, plus
the developer would have to pay the cash park fee on top of that. The d
developer thought this would be reasonable. Thus the City would get about 68
acres of park land and about $82,000.00 in cash park fees.
City Engineer Jullie reported there has been some discussion about the Townline
Road access and staff has looked at a couple of points where the curves are rather
steep, and the sight distance is limited. It would take a lot of expensive
grading to bring those sections down to what the City would call good design.
Jullie feels something can be done to lessen the severity of the poor sight
distance, and in the near future what the City plans to do as part of the water-
main construction is to overlay Townline between Woodland to Scenic Heights
Road, which is to the west of the project, with a bituminous overlay and probably
do something to correct the severe peak. Other than that, Jullie added he looks
to the future when the County would reconstruct Townline Road with a new
alignment to the north of the present location, and then the existing Townline
Road would be a frontage road.
Mike Reuter, 6602 Rainbow Drive, asked when Hennepin County is going to improve
Townline Road.
Jullie replied it is not on their capital improvement program right now; however,
the City of Eden Prairie in its approval of the Crosstown extension from
Shady Oak Road to Hwy. 494 did stipulate that the upgrading of Townline Road
would go hand-in-hand with that project. The County does have preliminary
approval for federal aid urban funding on the Crosstown, so it may not be too
long before the County will be back and wanting to proceed with the Crosstown
project. At that time the City will reiterate the desire to have Townline Road
upgraded.
City Council Minutes - 4 - October 7, 1980
A. Timber Creek PUD by B-T Land Company (continued)
Mr. Reuter added he talked to a homeowner who put a driveway in a couple of
hundred feet away from the proposed road in this project, and the County told
him if he asked for permission to do so at this time he would be turned down,
Enger referred to a letter which he received from the County dated February 7,
1980, and stated he also has been in conversation with the County staff two
times on this road. In their letter they give a review of the access to Co,
Rd. 4 and they say adequate sight lines exist, but that bypass lanes and right
turning lanes will have to be provided by the developer, That is, improvements
have to be made to Co. Rd. 4 by the developer in order to make that entrance
acceptable.
Mr. Stensgaard, 6544 Eden Prairie Road, expressed concern about the road being
put onto Co. Rd. 4 right in the middle of the hill, and asked if Staff had
checked with the City's Public Safety Department as to what the results of that
road would be.
Enger replied he has not checked with the Public Safety Department, The County
is the body the City checks with on Co. Rd. 4, and they check the sight lines,
Penzel added that would have to be part of any review before any rezoning will
be accomplished.
Ed Rajack, new resident of Chatham Wood, whose property abutts Purgatory Creek,
stated he bought the property because it was backed up to a single family dwelling
and at the time he was under the assumption it was to be park land developed on
the opposite side of Purgatory Creek. Sunday he came to find out via a letter
that now 1D0 multiple units are planned for that part of the creek, and he is
upset as he was under the impression the original concept for the area was
single family dwellings which he has no objection to, Feels the treatment of
the density in the area may very much lower the property values,
Harold Trocke, 15801 West 62nd Street, commented that he would like to see
building of the multiple units held off until there is a better road going
through on 62nd Street, and asked if a traffic study had been done on West
62nd Street as Mr. Jullie previously stated would be done.
Jullie responded the present volume is 1,500 trips per day and this proposed
development (100 units) would add 800 - 1,000 trips per day assuming all
traffic would go west of Co. Rd. 4. This would bring the traffic up to
2,500 trips per day. The road section is about 20 feet wide and is less than
what would be desirable if we were to start from scratch and build a new facility. 71
The road is reasonable and would last for a period of at least 2 - 3 years
until the Crosstown extension is a reality. The developer would be phasing his
development over a period of years. Jullie added other things can be done to
control the traffic, i.e., stop signs, more police surveillance
Tim Pierce, 16669 Honeysuckle Lane, spoke in favor of the proposal and commended
the City staff and the proponent for the effort they have made to come up with
a modified plan which has been presented this evening.
MOTION: Osterholt moved, seconded by Edstrom, to close the Public Hearing and
adopt Resolution No. 80-151, approving the Tinier Creek PUD by B-T Land Company
Motion carried unanimously.
MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 8D-159,
finding the Environmental Assessment for Timber Creek a private action does not
require an Environmental Impact Statement. Motion carried unanimously.
1/.(Y)
Cv a P COcts7i,r
rent i!t• " (r,osolutior No. 80-18.! ;
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NUT La;
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0:,•4 cnolt rj, ,••condi d Icy Red -;., , the Public Nearing
iou at-Op icnho. c.-; ,Jrantinq i a Re•ievelopment Plan ane
recc•W. ils:nring tiara. Motion • 'T mkously.
C. Ili,: ",p;!ciTil - Duck Lake Vis! (Re-solutiec3
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C ita Lipla iva aiime SPOk,, to -195, recta nndinqAni• :•val
1101 IOU: Edstrom Toyed, seconded by Redpi.,.ti an i'..dc:Dt, ,,; on No. 80-195.
.tpprhving 1980 Special Assessments for Dock ' •ke Y eta hot inn carried •
iianimously.
0. brainacie outlet for Lake Idlewild, I.C. aletmon No.
City Enciineer Jullie spoke to the propesed Hag(' rovnaY tc
outlet for Lake Idlewild with the-estimated of the
Lie proposal would he at the time of the as.F,••••,h, ot hearsni,:, to
to the Council that it he spread on an equal .,•er ac,,a DaS7S t- tnc
rs•apert.•. in tha; dri'.ni:ge area I inits. The rikte arre. The
are:oh schedule would be to take bids in Mai •:,•,• April ye•[-.;•- ma adk
c3ntract coivtruction to be completed by mi,.!
wou1d 1,c held hout a year from now and the City Council at tied
Also 'he -c:•r.oi•rienclation in the f.casibility report is at tha, til9e the Council
truid ,,,insider a d•-ierment for the single fancily residential properties which
no :•• mak., whar.,.v'er arranqeriants appropriate to pay the assessrmt
hill ie .1(1,-10,1 the pridect is feasible and will be a benefit tc; rho erai.r",Liqe
Inanef It to the properties that would l.-;e ercersed
•"...•,..te•.i...1t felt a forr.al response should be u-n a cc ,
-•ny formal action is taken. (Letter 1
Y;•.terholt asked whoa the notices were mailer , •• ,s them
COY in'Icition of tee cost estimates. JuU,:. 1",,"1.r_e
total ric,,iect and rant individual assessmen,•,_ ;:int.ed more ec :.•
•svo,• have ,hown up ',, they knew :ghat their •, .;;- I ' were.
7936 Frfen RoaU. I-rt-;ofltl'C Lonnc . aLa a:
rtoHo—i hoo nrrr:;y ache
tho, , 1., Cr I tin yei n.av, backpre,.7.•
proh1:10-. tc• ',H7d.:e in I Co •;', the
.••• plans , vUrinc, sotie of the
, .• t„lko, oco,TIV c-Uilth johied witti
11 th, or , they do anticipate re.:.,,vecic,„;
tan oat t.. the Ceuncll •
: Comic! has cc•nsiderod
Ire ' crania from Staff arid
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City Council Minutes - 6 - October 7, 1980
D. Drainage outlet for Lake Idelwild (continued)
Lee Carlson, Project Engineer for Rosemount, Inc., added they wrote the letter
to make their feelings known toward the assessment and are not trying to
oppose the project as such. Rosemount, Inc. does agree with the City Engineer
that the lake does not have a drain.
Dsterholt stated he has some sympathy for what Kooiman said in her letter.
The single family property owners in the area get infringed upon by development
coming in. They don't build the large parking lots which cause the runoff,
they don't build the large buildings with the runoff from their roofs, etc.
It is somewhat of an imposition, and there should be some way the single family
owners be given some kind of recognition.
MOTION: Edstrom moved, seconded by Osterolt, to continue this Public Hearing
to October 21, 1980, and direct staff to mail out a list to all affected property
owners informing them what their assessment will be and what the actual rate
will be, information to be provided to the Council showing some configuration
of the lake if reduced 2 1/2 feet with a staff recommendation on what the
lake level should be as the Watershed District and Department of Natural
Resources has come up with two different opinions. Motion carried unanimously.
Mr. Heiberg stated he is looking for some direction from the Council and property
owners, if possible, as to the level of the lake they would like and what kind 1
of a lake they want. From Mr. Heiberg's point of view, he would just as soon not I
have it a low level lake or a marsh lake, but more of an amenity lake.
Penzel requested that any of the property owners that live within the proposed
t improvement district contribute information to staff which they may use
for their report, particularly factual information.
E. Lake Idlewild Office Development by Lake'Sake, Inc. Request for PUD concept
approval, preliminary plat and rezoning from Rural to Office for development
of "town-offices". Located in the SW quadrant of US 169/212 and West 78th Street.
(Resolution No. 80-190 - PUD, Resolution No. 80-191 - prel. plat, and •
Ordinance No. 80-24 - rezoning)
Tom Heiberg, President of Land'Sake, presented the proposal and answered
questions of Council members.
Planning Director Enger explained this proposal was considered at the 8/25/80
Planning Commission meeting and the Commission recommended approval to the
Council of the PUD Concept, preliminary platting and rezoning of the 1st phase,
on a 5 - 2 vote, subject to the August 22, 1980 Planning Staff Report and
additional recommendations of the Planning Commission. One change from the
Planning Commission meeting is that the proponents have now submitted a plan for
an all brick building rather than 50% brick and 50%, wood.
Director of Community Services Lambert stated the Parks, Recreation & Natural
Resources Commission revieweIthis proposal on October 6th and the Commission
recommended unanimous approval as per the Planning Staff Report and Community
Services Staff Report.
Edstrom commented he could see by the minutes of the Planning Commission why
Mr. Levitt voted "nay", but asked for Mr. Iiearman's reasons.
Enger replied both Mr. Levitt and Mr. Iiearman mentioned after the vote was taken
that although the project was very laudible, they felt the Shoreland Management
Act would apply to this project in their opinion. For that reason they voted
against the project. Enger further added the Shoreland Management Act has been
4..
City Council Minutes - 7 - October 7, 1980
E. Lake Idlewild Office Development (continued)
adopted by the State but it does not have any legal standing until a community
adopts it as an ordinance, which hasn't been done in Eden Prairie. If it had
been adopted as an ordinance in Eden Prairie, the Department of Natural Resources
recognizes the status of existing PUD's, and the Major Center Area is an existing
City Planned Unit Development. Enger added in staff's opinion, in order for this
site to develop at all, the requirements of the Shoreland Management Ordinance
would have to be waived.
MOTION: Edstrom moved, seconded by Osterholt, to close the Public Hearing and
adopt Resolution No. 80-190, approving the PUD Concept for Lake Idlewild Office
Development by Land'Sake, Inc. Motion carried unanimously.
MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 80-191,
approving the preliminary plat for Phase I of Lake Idlewild Office Development.
Motion carried unanimously.
Council expressed concerns about having a policy for variances from the
Shoreland Management Ordinance in the future, i.e., property is basically closely
surrounded by transportation routes, has already been served by sewer and water
that has been paid for by the property owners, the quality of the lake itself,
how large the lake is, what changes have been made on the shoreline, what
surrounds it, what is the depth of the parcel, is it useable.
MOTION: Edstrom moved, seconded by Redpath, to give a 1st Reading to Ordinance
No. 80-24, approving the rezoning for the 1st Phase of the Lake Idlewild Office
Development. Motion carried unanimously.
Council directed staff to return to the Council with suggested guidelines for •
variances to the Shoreland Management Act in the future,
MOTION: Edstrom moved, seconded by Redpath, to direct staff to draft a developer's`.
agreement incorporating the recommendations of the Planning Commission, the
Parks, Recreation & Natural Resources Commission, and Staff Report dated
8/22/80. Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 3310 - 3536
MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos.
3310 - 3536. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel voted "aye"
on Claims 3310 - 3536; Pauly abstained on Claim No. 3457 and voted "aye" on all other
claims. Motion carried.
VI. REPORTS OF ADVISORY COMMISSIONS
No reports.
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
(
1. Ajpointment of a member to the South Hennepin Human Services Council to fill
an unexpired term to 1/31/81
MOTION: Osterholt moved, seconded by Redpath, to appoint Rosemary Dysinger
to the South Hennepin Human Services Council to fill an unexpired term to
1/31/81, subject to her acceptance. Motion carried unanimously.
1/ 1/)
City Council Minutes - 8 - October 7, 1980
2. Mayor Penzel referred to a letter from Dolejs Associates, Inc.,
consulting engineers for the Community Center, dated 10/3/80, which
the Council discussed in detail along with Director of Community
Services Lambert.
John Lobben, School Board member, stated the School Board at the end of
their regular meeting did discuss as a board and gave direction to their
administration to be in contact with the City to explore the need for a
varsity hockey storage room and also the cost considerations and
possibilities for School District participation. Lobben personally
felt this is a critical time to get dialogues together to where everybody
can be served better.
MOTION: Edstrom moved, seconded by Redpath, to authorize the increase
in the capacity of the ice refrigeration system to 135 tons, and
direct staff to secure cost figures from the contractors through the
architects on: a) expansion of the building to include a hockey team k
locker room with shower and toilet facilities, and b) construction of an
outdoor hockey rink with a concrete floor and refrigeration system connection
to be used by the School District and the City for multi-use during the
summer months. Roll Call Vote: Edstrom, Redpath, Osterholt, Pauly and Penzel
voted "aye". Motion carried unanimously.
Osterholt asked that staff call the Apple Valley rink and other rinks to
see if they have any leakage problems.
B. Report of City Attorney
City Attorney Pauly commented that City Manager Ulstad had inquired about the
timing of the presentation of the question to the voters as to the continuation
of liquor in the City. Under the liquor laws when a municipality reaches
10,000 in population, the voters then are to be given the opportunity to
determine whether or not the municipality will continue on in municipal liquor.
After reviewing the section of the statute on that question, it provides that
within 1 year after any census becomes effective which results in a municipality
achieving a population of 10,000 people, the question of whether the
municipality shall continue its municipal liquor store will be submitted to
the voters. Another section of the statute says that the census becomes
effective when the Governor has received certified copies from the Federal
Director of the Census, and they havt been filed with the Secretary of State.
After inquiring of the Secretary of State and receiving a reply back from them,
they indicated they have not received the 1980 census results as yet and don't
expect to receive them until sometime in the Spring of 1981. That means the
question can't be on the ballot this November, it will have to be on next year.
It has to be on within one year, so there may have to be a special election.
MOTION: Osterholt moved, seconded by Pauly, to rescind the Council's motion
adopted previously to place the liquor question on the November 4th ballot.
Motion carried unanimously.
C. Report of City Manager
( 1. 1981 City Budget (Resolution No. 80-193) Continued from 9/16/80
MOTION: Osterholt moved, seconded by Edstrom, to approve the 1981
City Budget and adopt Resolution No. 80-193, certifying the 1980
Tax Levy, collectable in 1981. Roll Call Vote: Usterholt, Edstrom,
Pauly, Redpath and Penzel voted "aye". Motion carried unanimously.
Council commended City Manager U1$tad for an excellent job,
City Council Minutes - 9 - October 7, 1980
D. Report of Director of Community Services
1. Red Rock Park alternate sites (continued from 9/16/80)
Director of Community Services Lambert explained that the City Council
on 9/16/80 directed him to go out and look at alternate park sites.
Lambert stated he looked at a potential park site right across the
road from Mr. Siefert's site. Lambert talked to the owners, who are the
Carmody;,did a park plan layout, and the plan does work. The land
would be expensive to develop because there is a change in topo and the
facilities would have to be terraced. It would cost approximately double
for grading as to what was proposed for the Siefert site, and more than
double for the property. The City has not done an appraisal on the Carmody
parcel as yet, however, Mr. Carmody is thinking in the $15,000 an acre
category. At $15,000 an acre the cost of the land would be a total of
approximately $200,000.
Lambert added the Parks, Recreation & Natural Resources Commission on
10/6/80 asked that the City try to negotiate with Mr. Siefert to buy the
property, and maybe if Mr. Siefert realizes the City is willing to negotiate
a reasonable price, he might want to sell his property. The Commission
felt the City ought to be able to come to terms with payments to help
Mr. Siefert out as far as when he would want the money.
MOTION: Redpath moved, seconded by Osterholt, to instruct the City
Attorney to conduct negotiations with Mr. Siefert. Motion carried
unanimously,
2. Lake Riley Park
Director of Community Services Lambert explained this item is on the agenda
at the specific request of the Parks, Recreation & Natural Resources
Commission for reasons outlined in memo dated October 1, 1980. Staff
recommends that if the Council might want to consider a change in the status
of Riley Lake from a community park to a regional park, or to discuss
expanding the present boundaries of Riley Lake, the Council should call a
public hearing for October 21, 1980 so all the affected property owners can
be notified.
Redpath asked if Mr. Len Swedlund was coming before the Planning Commission
now with a split off from his lots. Lambert replied in the affirmative,
commenting Swedlund's proposal is called Riley Lake Estates, which
initiated the discussion by the Parks, Recreation & Natural Resources
Commission.
Lambert stated as it stands now, it is a 40 - 50 acre community park located
along the east shore of Lake Riley. The Commission feels because the
Swedlund property is located right on the City/County border, the type of
use it is, that there is a good share of people outside the community that
are using the park, therefore, it ought to be funded by more than just
Eden Prairie residents.
Norm Delmer, realtor for Len Swedlund, explained they have a particular problem
to address to the Council, which is, they need a decision as to whether the
City of Eden Prairie is going to go ahead with something regarding the
Swedlund property, or whether this is going to end up over at the Metropolitan '
Council. The Swedlund's are in bankruptcy and the firm is operating under
Chapter 11 and must sell the property to somebody.
21,
A.
City Council Minutes - 10 - October 7, 1980
2. Lake Riley Park (continued)
1
Mr. & Mrs. John Kirtland, property owners on Lake Riley, and Bill Jellison,
9560 Highview Drive, spoke in favor of leaving the park the way it is.
Lambert stated everyone should be aware the plan is not to leave it like it
is. Right now it is a nine acre park and the plan is it will be a 40 - 50
acre park someday at the maximum. It will not be a 200 acre regional park.
Osterholt felt the people around Lake Riley are saying they would like
a 40 - 50 acre community park, and the nucleus should start with the
Schaitberger property. The Swedlund property was offered to the City, and
the City felt it was too high, so the Council could not come to an agreement
on that property. If Mr. Swedlund has other thoughts on what the price could
be negotiated at, maybe the City could take a look at it.
Edstrom asked if the City could exclude people from other communities from
using the park? Lambert replied the City does not exclude anyone from using I
any of the City parks, however, a charge is made to people that aren't City
residents that park there.
MOTION: Osterholt moved, seconded by Pauly, to reaffirm the City's position
that Lake Riley remain a community park. Motion carried unanimously. ,.
E. Dort of City Engineer
1. Request from Bloomington for Eden Prairie's participation for storm sewer
on Riverview RoadFcontinued from 9/16/8g)
City Engineer Jullie spoke to his memo dated October 2, 1980, recommending
the City Council approve the request as submitted. Jullie also introduced
Russell Langseth, Public Works Director for Bloomington,
to answer any questions the Council may have.
MOTION: Osterholt moved, seconded by Redpath, to approve the request
from Bloomington for Eden Prairie's participation for storm sewer on Riverview
Roadland authorize the Mayor and City Manager to sign the "Agreement for
Construction and Maintenance of Storm Sewer Serving Areas in the Cities of
Eden Prairie and Bloomington". Roll Call Vote: Osterholt, Redpath,
Edstrom, Pauly and Penzel voted "aye". Motion carried unanimously.
2. Consider bids for lime sludge removal
City Engineer Jullie recommended awarding the bid to G. L. Contracting, Inc.,
the low responsible bidder, in the amount of $57,600.00.
MOTION: Osterholt moved, seconded by Edstrom, to award the bid for lime
sludge removal, I.C. 51-391, to G. L. Contracting, Inc., the low responsible
biddler, in the amount of $57,600.00. Roll Call Vote: Osterholt, Edstrom,
Pauly, Redpath and Penzel voted "aye", Motion carried unanimously.
3. •Alinve plans_and specifications and order bids for improvements
( on Industrial Drive, I.C. 51-2887Resolution No. 80-199)
City Engineer Jullie explained at the time of the Public Hearing for the
Industrial Drive improvement, the Council requested that the staff work
with property owners in developing plans and specifications primarily
regarding the scope of the road replacement. The plans and specifications
are now ready for Council approval and advertising, The concrete curb
y
City Council Minutes - 11 - October 7, 1980
3. Approve plans and specifications and order bids for improvements on
Industrial Drive, I.C. 51-288 (continued—
and gutter have been eliminated as part of the restoration, and the
street width cut down to 30 feet. Jullie felt the property owners are fairly
well advised as to what the new scope of the job is and requested Council's
authorization to go ahead with advertisement for bids.
Dick Bury, representing Midwest Asphalt, 64D1 Industrial Drive, asked if the
specifications include the carrying of traffic during the improvement.
Jullie replied in the affirmative, adding the City would require the
contractor to maintain local access.
Vincent Manerin, 6280 Industrial Drive, commented according to his letter
the street width was going to be reduced from 38 feet to 28 feet back-to-back
of the curb.
Jullie replied they did initially talk about 28 feet, and then Mr. Bury
responded to that and asked for 32 feet. Jullie explained he tried to
compromise with a 28 foot road down to the creek and then widen it out
slightly for the additional truck turning movement south of the creek.
MOTION: Redpath moved, seconded by Pauly, to adopt Resolution No. 80-199,
approving the plans and specifcations and order advertisement for bids
for I.C. 51-288, utility improvements and street restoration on Industrial
Drive. Motion carried unanimously.
4. Update on Water plant design
City Engineer Jullie spoke to his memo dated October 3, 1980, recommending
that the City Council authorize 81ack & Veatch Consulting Engineers to
proceed with plans and specs for Well No. 6 and a one million gallon
storage tank.
MOTION: Pauly moved, seconded by Redpath, to authorize 81ack & Veatch
Consulting Engineers to proceed with plans and specs for Well No. 6 and a
one million gallon storage tank as per the recommendations of the City
Engineer. Motion carried unanimously.
5. Report on drainage Round Lake Park
City Engineer Jullie spoke to his memo dated October 3, 1980, recommending
the Council consider authorizing staff to proceed with the installation of
a 12" RCP pipe from the manhole located behind lots 6 & 7, Block 1, Kirk
•
Meadows, to the ponding area located west of Co. Rd. No. 4 and north of the
entrance road to the park.
MOTION: Redpath moved, seconded by Pauly, to authorize staff to proceed
with the installation of a 12" RCP pipe as recommended by the City Engineer.
Motion carried unanimously.
6. Report on deferred assessment for Neill Lake Storm Sewer project
City Engineer Jullie spoke to his memo dater) October 3, 1980, adding he
has only received 2 calls from property owners and both seemed somewhat
satisfied.
MOTION: Osterholt moved, seconded by Pauly, to certify the deferred
assessments for Neill Lake Drainage District to the County. Motion carried
unanimously. 2 G((
City Council Minutes - 12 - October 7, 1980
7, Authorize lans and specifications for improvements in the Tax Increment
District Resolution No, 80.201)
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No, 80.201,
authorizing the ordering of a Feasibility Report and preparation of plans
and specifications for improvements in the Tax Increment District, Motion
carried unanimously,
8, Change Order No, I to Contract No, 51-325 D-G
MOTION: Osterholt moved, seconded by Pauly, to approve Change Order No,
1 to Contract No, 51-325, Progressive Contractors, Inc„ in the amount
of $18,365.00 for watermain extension to serve the Community Center at
Round Lake Park. Motion carried unanimously,
9, Resolution No, 80-202, authorizin ermit a lication for connection to
Metropo itan este Contra ommission interceptor sewer on ndustrial
Drive, I,C, 51-288 -
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No, 80-
202, authorizing permit application for connection to the Metropolitan
Waste Control Commission interceptor sewer on Industrial Drive, I,C,
51-288. Motion carried unanimously.
F. Report of Finance Director
1, Certification of delinquent water and sewer bills
MOTION: Redpath moved, seconded by Osterholt, to adopt the policy as
outlined in memo from Finance Director Frane dated 9/17/80, for the
collection of delinquent water and sewer bills, Motion carried unanimously.
VIII. NEW BUSINESS
No "New Business".
IX. ADJOURNMENT
MOTION: Redpath moved, seconded by Pauly, to adjourn the Council meeting at
11:15 PM. Motion carried unanimously.
•
•
11.11,
f. _
7936 Eden Road a
Eden Prairie'. L:"?. F5344
Oct. 7, 1980
4
Eden Prairie City Council 4
Re: I.C. 51-385 Drainaa_e Improvements/Outlet for
Take Idlewild
Dear Council Members:
This is to seek consider"tion and to make record of our
obi ction to assessment against our property, Tract A of
RLS ro. 895, for the subject improvements.
We have been in favor of a drainage system to control
the level of said lake at a maximum defined level since 1961
when we moved to our present site. It is our belief that
there was such a system in effect in 1961. There was an open
culvert under State Highway No. 5 (now W. 78th Street) which
corm^nicated with the property north of 78th Street. ASaximum
level then was controlled by overflow from the north side of
78th Street to Purgatory Creek. The lake was at a low level 4
in the early 60's when we first became familiar with the area.
A photograph is attached which shows the lake in about December,
1962. Note the muskrat houses existing at any point in the
lake. Maximum depth then, according to vivid personal rec-
ollection, was one inch above our hip boots. Upon close in-
spection of the photo, one can even see the steel stake in
the left center of the lake which marked the northwest corner
of our lot per RLS No. 895. .
The lake level rose considerably during the 60's.
Several factors contributed to this in our estimation: Rose-
mount, Inc. moved into its present site and provided an
asphalt parking lot which drained rain water and snow melt
directly into the lake; Foto I•'ark Inc., through its land de-
velopment, apparently interrupted the overflow route to
Purgatory Creek; a governmental entity (perhaps Hennepin
County) punched a large culvert under existing Highway 169,
thereby draining the area east of 169 into the subject lake;
and the culvert under 78th Street was plugged, thereby nest-
tively eliminating the only previously existing_overflow_route.
We were not aware of the plugging of the culvert or the
potential significance of the Foto Mark development and pro-
ceeded to develop our "lake shore" in the 60's by buildlnF
an asphalt tennis court and hauling in crushed rock to retard
( erosion of the shore line since we believed it had stabilized.
��n'U1
2)
The enclosed reprint of a slide dated July, 1968 shows that
before we wore to get a net around the court, the lake had
risen to an unexpected level. The rock we had put on the
"lake shore" was all under water, extending to about the edge
of the grass shown. Also as indicated, we could only mow a
small portion (about 1/5 to 1/10, see photo) of the area that •
had previously extended to the "lake shore".
Since 1968 the level has risen further, at times during
high water stages covering the asphalt with up to one foot of
water. The result has been that the tennis court was destroyed
along with four good sized trees near the lake. Also during
this period (1968 to the present) there was considerable de •
-
velopment and filling of the shore property presently ident-
ified as Minnesota State and Calvin Anderson properties.
This history is given to support our feeling that it is
not now fair to assess us for a storm sewer to correct actions
taken by others which were costly to us and completely beyond
our control. We believe that such assessments should be re-
striated to those who created the present problem by destroying
the overflow route which was in existence and by adding addi-
tional flowage into the lake (and reduced overflow area through
( filling) without consideration to an overflow or outlet re-
quirement for level control. This we believe has been irre-
sponsible and we should not now have to pay further to correct
this irresponsibility. •
Sincerely,
Robert R. Kooiman
•
da C Kooiman•
aLi')
1 _I
gg
8
Rosemount
ROSEMOUNT INC.,12001 WEST 78th STREET/EDEN PRAIRIE.MINNESOTA 55344
Mailing Address:P.O.BOX 35129/MINNEAPOLIS,MINNESOTA 55435
October 7, 1980 TEL:(612)941-5560 TWX:910-576-3103 TELEX'29-0183
Eden Prairie City Council Members
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Ref: Proposed I.C. 51-385 Drainage Outlet for Lake Idlewild
The purpose of this letter is to go on record as taking exception to the
inequitable assessment being proposed against Rosemount for the above
project.
We have several concerns. They are:
1. To our knowledge, no attempt has been made by the City to unplug
and use the existing overflow relief culvert under W. 78th Street
that provides overflow drainage to Purgatory Creek.
d
2. Since that culvert has been inoperative, additional drainage has
( been routed to the lake in the form of a 20" culvert and surface
drainage when T.H. 159 was upgraded. Over the past few years,
there has also been considerable fill deposited in the N.E. section
of the lake area which no doubt has had an impact on the lake level.
As of this date, there are several loads of dirt that were recently
deposited. There seems to be no control over dumping in this area.
3. A previous feasibility report for this same storm sewer was made
for Lake Idlewild under improvement contract 51-284 in 1976 and
had a project cost of $42,510.00. The cost proposed now is $72,400,
a difference of $29,890. We are aware of inflation, however, the
increase in this project is considered excessive, especially when
it being proposed that Rosemount be assessed 41.7% of the total
project while the petitioner and main beneficiary of this improve-
ment is only assessed 6.7% of the cost.
Rosemount is not against improvements that provide equal benefits and when the
costs are equally distributed.
We again recommend that the City make an investigation of the current overflow
culvert that crosses West 78th St. and determine if that culvert can be up-
dated or modified to relieve the lake to an acceptable level without involving
a costly project such as I.C. 51-385. •
Sincerely,
1"
Ernest W. Echols cc: Mr. Roger Ulstad
Facilities Manager City Manager
r of L
4 -
UNAPPROVED
EDEN PRAIRIE CITY COUNCIL MINUTES
TUESDAY, OCTOBER 21, 1980 7:30 PM, CITY HALL
COUNCIL MEMBERS PRESENT: Mayor Wolfgang Penzel, Dave Dsterholt,
Paul Redpath and Dean Edstrom (arrived
at 7:50 PM)
COUNCIL MEMBERS ABSENT: Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger K. Ulstad; Planning
Director Chris Enger; Director of Community
Services Bob Lambert; City Engineer Carl
Jullie, and Joyce Provo, Recording Secretary
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: Penzel, Osterholt and Redpath present; Edstrom arrived at 7:5D PM; and
Pauly absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Item III. D. on the Consent Calendar was changed from November 18 to November 4.
Items VII. A. Request for preliminary plat approval for Prairie Lakes Condominiums
(Anderson Lakes Addition) - Resolution No. 80-206, and VIII. E. 1. Schooner
Boulevard design section were moved to the Consent Calendar.
MOTION: Redpath moved, seconded by Osterholt, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL, PARKS, RECREATION & NATURAL
RESOURCES COMMISSION AND THE HISTORICAL & CULTURAL COMMISSION HELO THURSDAY,
OCTOBER 2, 1980
MOTION: Redpath moved, seconded by Osterholt, to approve the minutes of the
Special Meeting held Thursday, October 2, 1980,as published. Motion carried
unanimously.
III. CONSENT CALENDAR
A. 2nd Reading of Ordinance No. 80-02, rezoning from Rural to RM 2,5 for
Michelangelo Gardens and developer as greeraent
B. Mn/DOT Grant Agreement for Co. Rd. 1 Bikeway (Resolution No, 80-208)
C. IO0°'. Petition from Braun-Kaiser & Company for Trunk Watermain extension
on Valley_View Road, I.C. 51-356 -(Reso lution Flo 80-209r—
D. Reque t to set Public Hearing for Eden Prairie Community Church for
November 4, 1980
E. ReQuest to set Public Hearing for Sing)e Tree Office Building for November
18, 1980
2(1/19
City Council Minutes - 2 - Tues„October 21, 1980
F. Request for Thorn Creek Environmental Assessment Worksheet Finding of No
Significant Impact (Resolution No. 80-205)—
(
G. License agreement with Chicago & Northwestern Transportation Company for Co.
Rd.-4 bikeway railroad crossing (Resolution No. 80-210)
H. Approve plans and pecifications and order bids for improvements in Sunset
Trails, I.C. 51-392 Resolution No. 80-211)
I. Request for preliminary plat approval for Prairie Lakes Condominiums (Anderson •
Lakes Addition) Resolution No. 80-206 (formerly item VII. AT)
J. Schooner Boulevard design section (formerly item VIII. E. 1.)
MOTION: Osterholt moved, seconded by Redpath, to approve items A - J on the Consent
Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. T.H. Frontage Road, Fuller Road to Co. Rd. 4 (continued from 8/5/80)
City Engineer Jullie referred to his memo dated October 16, 1980, recounting
the origin&l hearing for the project which was held August 5th. Since that
time Jullie stated he has talked with other property owners who expressed
a concern about the potential for a channelized left turn off of Hwy. 5, and •
also sent a letter to the Mn/DOT requesting that they check into that
possibility. The Mn/DOT advised the City that they could provide a "painted"
type median which certainly is somewhat less than what the City would hope to
have there. Mn/DOT cited the excessive costs that would be involved in widening
out the road section and feel the painted meoian is a possibility that may
well do the job for us. Jullie also talked to the Birchwood Lab people and
they have been talking with the E. A. Sween Company in trying to arrange some
sort of an interconnection between their parking lot so that both companies
can use the access off of Co. Rd. 4. This would solve their problem, but the
rest of the companies along Fuller Road would still be lacking good access.
The Council did further request at the August 5th hearing that the City look at
alternates, those being, extending a road westerly across the Birchwood Lab
property at the south property line, and also extending Fuller Road south and
connecting to Co. Rd. 4. Staff has taken a preliminary look at that and it does
appear the best solution would be to extend Fuller Road south. However,
to analyze that further and get some cost estimates, and also because there are
additional property owners involved, Staff suggested that be a separate project
and Jullie asked that the Council close these proceedings, and direct Staff to
prepare a new feasibility report for that southerly extension. Staff would try
to work on that over the next couple of months and then be back to the Council
with a report. If the Council chooses, then there would be a new process and a
new hearing to cover the expanded assessment area.
Edstrom arrived at this point of the meeting (7:50 PM).
MOTIDN: Osterholt moved, seconded by Redpath, to close the Public Hearing on
T.H. 5 Frontage Road to Co. Rd. 4, and instruct staff to prepare a feasibility
report on the extension of Fuller Road south. Motion carried unanimously.
Council asked that the traffic problem at Fuller Road and Hwy. 5, and also
at Mitchell Road and Hwy. 5, be referred to the Mn/DOT for a recommendation.
•y
City Council Minutes - 3 - Tues.,0ctober 21, 1980
B. Drainage outlet for Lake Idlewild, I.C. 51-385 (Resolution No. 80-196)
Penzel explained one of the major questions raised on October 7th was what
affect lowering the lake would have on the contours/shape of the lake.
City Engineer Jullie stated late this afternoon the City did receive some
surveying information with some lake depths. These surveys indicate a lake
depth 20 - 25 feet from the shoreline to be about 7 - 8 feet, and at 1
places where the lake apparently has been dredged extensively there are depths
running up to 12 - 13 feet deep. Right across about the middle of the lake it
is about 9 feet. Jullie suggested setting the outlet pipe elevation at 853.5
(it is presently 857.4) as recommended by the Department of Natural Resources.
This could be somewhat of a trial elevation in that if over a period of time it
was determined it was too low, we could build a little weir around the outlet and
raise it around a foot and a half. The developer has agreed to set his minimum
floor level at 860, which would give plenty of reserve so if we have to raise it,
his buildings would still be high enough. The developer, however, would have to
do a little filling to get a proper pad, but that seems to be a reasonable
situation.
Tony Hirt, representing the Eden Prairie Presbyterian Church, expressed
concern about the drainage problem for the church property and assessments,
which City Engineer Jullie responded to. Mr. Hirt also asked that the
Council consider deferring the assessment against the church property in the
same manner as proposed for the residential properties, thereby putting the
church property into category 2.
Penzel commented the specific application of a proposed assessment will only
occur at the assessment hearing. The Council at the assessment hearing will then
consider how it should actually be distributed,as at that time cost figures will
be available.
MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing and
adopt Resolution No. 80-196, ordering improvements for I.C. 51-385 Drainage
Outlet for Lake Idlewild. Motion carried unanimously.
C. Dole.jsi Addition by Joseph Dolejsi. Request to rezone 2 acres from Rural to
R1-22 and preliminary plat. Located at 6445 192nd Avenue West (Ordinance
No. 80-26 and Resolution No. 80-203)
The proponent, Joseph Dolejsi, presented his proposal to the Council,
City Planner Enger explained this item was reviewed at the 9/22/80 Planning
Commission meeting and the Commission recommended to the Council approval of
the division of the property, approval of the variance for the preliminary •
plat with no frontage on a public road, and approval of the rezoning from
Rural to R1-22.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and
give a 1st Reading to Ordinance No. 80-26, rezoning 2 acres from Rural to R1-22
for the Dolejsi Addition by Joseph Dolejsi. Motion carried unanimously.
MOTION: Osterholt moved, seconded by Edstrom, to adopt Resolution No. 80-203,
approving the preliminary plat for the Dolejsi Addition by Joseph Dolejsi.
Motion carried unanimously.
acoc21
City Council Minutes - 4 - Tues.,October 21, 1980
D. Lake Riley Estates by Leonard Swedlund. Request to preliminary plat
14+ acres zoned Rural into riots. Located north of Lake Riley and east
( of Chanhassen. (Resolution No. 80-204)
Ron Bastyr, McCombs-Knutson, representing Leonard Swedlund, spoke to the
proposal.
City Planner Enger explained this item was considered at the 9/8/80 Planning
Commission meeting and the Commission recommended approval of the Lake Riley
Estates plat dated 8/11/80 as per the Staff Report of 9/4/80 on a 4 - 2 vote.
Mr. Levitt voted against the proposal as he felt the parcel could be divided
into two rather than three lots and meet all ordinance requirements.
Enger added this item did appear before the Board of Appeals & Adjustments
and a variance was granted fur the minimum lot size as two of the lots
are under 5 acres in size by about 3/10s of an acre, and also granted a
variance for mean width of 300 feet as two of the parcels did not meet an
average width of 300 feet.
Director of Community Services Lambert explained the Parks, Recreation &
Natural Resources Commission reviewed this proposal on October 20th and again
recommended this parcel be purchased for park purposes and, if that is not
feasible, they would recommend approval of the preliminary plat request to
subdivide it into 3 lots.
Edstrom agreed with Mr. Levitt that the parcel should be subdivided into two
parcels, which would clearly meet the ordinance. Edstrom felt the City should
stay with the standards that have been set with 5 acres in the
Rural area when there is no rezoning.
Osterholt added it might be found when the area is surveyed that the variances
could be less than 3/10s of an acre. Also it is a matter of trying to
accommodate an individual with a financial situation where he needs the help
right now.
Redpath asked if the area had been surveyed. Bastyr replied in the negative.
MOTION: Redpath moved, seconded by Osterholt, to close the Public Hearing
and adopt Resolution No. 80-204, approving the preliminary plat for Lake
Riley Estates by Leonard Swedlund as per the recommendations of the Planning
Commission and staff report dated 9/4/80. Redpath, Osterholt and Penzel
voted "aye"; Edstrom voted "nay". Motion carried.
V. PAYMENT OF CLAIMS NOS. 3537 - 3713
MOTION: Osterholt moved, seconded by Redpath, to approve Payment of Claims Nos.
3537 - 3713. Roll Call Vote: Osterholt, Redpath, Edstrom and Penzel voted "aye".
Motion carried unanimously.
VI. REPORTS OF ADVISORY COMMISSIONS
No reports.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request for_preliminari plat approval for Prairie Lakes Condominiums (Anderson
Lakes Addition) - Resolution No. 80-206
This item was moved to the Consent Calendar (III. I.).
3
City Council Minutes - 5 - Tues„October 21, 1980
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members 1
1. Osterholt asked that staff check and see how much of the wiring, if any,
in the Community Center is anticipated to be aluminium wiring, and see
what the costs would be to use copper wiring entirely.
2. Penzel referred to the request from Bloomington that a Joint Transportation
Committee be formed between Eden Prairie and Bloomington, and asked that
consideration of appointments to this Committee be placed on the November
4, 1980 Council agenda.
B. Report of City Attorney
No report.
C. Report of City Manager
No report.
D. Report of Director of Community Services
1. Round Lake Irrigation (continued from 8/5/80)
MOTION: Osterholt moved, seconded by Redpath, to continue this item
to the Fall of 19B1 as per the recommendation of Director of Community
Services Lambert in memo dated October 16, 1980. Motion carried
unanimously.
2. Park Use Ordinance
Penzel suggested that each Council member review the ordinance and make any
recommendations to Director of Community Services Lambert, and that the
ordinance be on the Council agenda on November 4th to be officially
considered. Council members concurred with this suggestion.
3. Request of Community Education Advisory Council
Director of Community Services Lambert spoke to his memo dated October 16,
1980, regarding an appointment to the Community Education Advisory Council.
Since there will be two new members elected to the City Council, the
Council asked that Mick Anderson, representing the Community Education
Advisory Council, appear before the new Council in January regarding this
request.
4. Grill House repair
MOTION: Osterholt moved, seconded by Redpath, to authorize staff to spend
$3,200.00 for a temporary roof on the Grill house. Roll Call Vote:
Osterholt, Redpath, Edstrom and Penzel voted "aye". Motion carried
unanimously.
5, Resolution on Historical & Cultural Conmiission responsibilities (Resolution
No. 80-2071 —
MOTION: Osterholt moved, seconded by Redpath, to adopt Resolution No. 80-
207, defining responsibilities of the Historical & Cultural Commission
J(o�' ,.ni>+;,,n to hictnrir citpc Mntinn carried unanimously.
City Council Minutes - 6 - Tues.,October 21, 1980
6. Funding sources for More House acquisition
Director of Community Services Lambert referred to his memo dated October
16, 1980, adding the More's were thinking in the range of $160,000 for their
house and felt the appraisal the City received of $125,000 was too low.
However, Lambert stated he has not formally negotiated a price with the More's
at this time.
MOTION: Edstrom moved, seconded by Osterholt, to instruct Director of
Community Services Lambert and Councilman Redpath to negotiate an option
with the More's for the acquisition of their house, Motion carried
unanimously.
•
Planning Director Enger suggested that there may be funds available through
Community Development Block Grants for rehabilitation of historical sites,
which Lambert stated he would look into,
7. Advertising in Community Center
Director of Community Services Lambert spoke to his memo dated October 16,
1980, asking if the Council would like to consider a policy for advertising
in the Community Center as a few calls have been received from companies
offering donations if their name can be displayed on the article donated.
General discussion took place regarding this item, and City Manager Ulstad
suggested staff could take the name and address of the companies interested
in advertising in the Community Center and the type of donation they would
like to give. This list of requests to be submitted to the Council for
review at a later date.
8. Request for BMX Trail
Penzel explained this request for a BMX Trail was brought to him by a parent
whose son has been very active in this activity, and it turns out there are
a number of people in Eden Prairie who are interested in this activity.
Edstrom questioned if there would be erosion on such a site because of the
grading. Director of Community Services Lambert replied that is taken into
consideration in the design and there is some maintenance that has to be done
to assure there are no erosion problems.
Redpath asked how much the liability insurance would be, Lambert responded
in talking to other communities they haven't had any significant raises in
their insurance, but the City would have to have special liability coverage
whenever there is a race. Generally when there is a race the City charges
the participant enough to cover the cost which goes into paying for the
insurance.
Osterholt asked if there are any people in Eden Prairie interested in sharing
of the funding to produce the track, even if it is manpower.
John Lobben, 14090 Forest Hill Road, a BMX enthusiast, commented typically the11
other cities who have put in tracks have had sponsoring groups. That group
donates a considerable amount of person power to assist in not only the races,
but also in the maintenance of the track. As far as to defray the cost for 11
anything, some cities have worked out an arrangement that the race fees for the
race would go to the City for the cost of working on the track, i.e.,
maintenance and track improvements that are desired. There is not an
association in Eden Prairie right now, however, there is a great deal of
,(.2(/ interest. People are willing to donate labor but no money at this time.
' Lobben expressed a willingness to help organize an association,
City Council Minutes - 7 - Tues.,0ctober 21, 1980
8, Request for BMX Trail (continued)
This item was continued to a date uncertain allowing Mr, Lobben time to
talk to people regarding an association.
E. Report of City Engineer
1. Schooner Boulevard design section
This item was moved to the Consent Calendar (III. J,),
2. Agreement with Edina regarding trunk watermain on Washington Avenue
City Engineer Jullie spoke to his memo dated October 16, 1980, recommending
approval of the project and authorizing payment to the City of Edina
for construction costs from Eden Prairie's trunk fund upon completion of
the work.
MOTION: Redpath moved, seconded by Osterholt, to approve the agreement
and authorizing payment to the City of Edina for construction costs from
Eden Prairie's trunk fund upon completion of the work contingent upon
Councilman Osterholt's review of the 1968 agreement. Roll Call Vote:
Redpath, Osterholt, Edstrom and Penzel voted "aye". Motion carried
unanimously.
IX. NEW BUSINESS
No "New Business".
X. ADJOURNMENT
MOTION: Redpath moved, seconded by Osterholt, to adjourn the meeting at
8:50 PM. Motion carried unanimously.
(
/ /f
•
October 31, 1980
Mayor Wol fgann P.:nzel
Councilman Dean Ldstrom
Councilman Lave Osternolt
Councilwoman Sidney Pauly
Councilman Paul Redpath
Eden Prairie City Hall
Dear Mayor and Members of the Eden Prairie City Council:
The On-Belay Corporation has made a proposal to the Human Rights
Commission and to the City Planning Commission to begin a Adolescent
Alcohol and Drug Treatment Center in Eden Prairie. Initially the Human
Rights Commission unanimously supported the need for the service and
recommended that the city approve this use in the building located on
tn.e corner of Mitchell Road and Valley View Road.
Subsequently, On-Belay Corporation approached the city planner
and was informed that the zoning of this facility was inappropriate for
that type of use and it was recommended that On-Belay seek an alternative
site and request Interim Use Agreement at an appropriate alternative site.
In following the recommendations of the city planner,On-Relay located a
site (d gem Franlo Road within which we would like to provide the proposed
program. On Monday October 27, 1980, the planning commission recommended
approval of this site for this purpose,with a number of conditions. It 16
our understanding that the city planning staff will forward that recommend-
ation as well as the one from the Human Rights Commission to yourselves.
•
The purpose of this letter is to request a public hearing at the
earliest date for the city council to consider the approval of the site at
8480 Franlo Road fur the proposed "Prairie :house" Adolescent Treatment
Center for the purpose of serving adolescents in Eden Prairie and other
South Hennepin Areas who are suffering from alcohol and drug related
problems.
I appreciate your consideration of thin request and am available
to respond to any questions. My work number is 546-8008 and my home phone
is 920-0480.
Si ereeely.(/I
. ,hn W. Curran, Jr. •
Executive Director
PLYMOUTH,MINNESOTA 55441 ■r s e m 'T c TeR .115 FORESTVIEW LANE NORTH ..-
(612)5r6-60t16
•
GUSTAFSON&ADAMS,P.A. Ott 3 0 �� �
ATTORNEYS AT LAW
MICHAEI.J.ADAMS SUITE 411
OREGORY II.GUSTAFSON
7400 METRO BOULEVARD
MARE O.OIINSTAD
STANLEI'C.o1.4 EN.JR. EDINA.MINNESOTA 66466
OP COUNSEL_
TELEPHONE 451IN 836-7E77 HARRY OUSTAFSON
JONN M.RI;JAN
RONALD L.SNI:'LLINO
JAMES D.ATEINSON.11I
JOSEPH.1.CHRISTENSEN
October 29, 1980
•
Mr. Roger Ulstad
City of Eden Prairie
8950 Eden Prairie Road
Eden. Prairie, MN 55344
•
Re: Edengate Preliminary Plat
Dear Roger:
We are writing this letter to formally request that approval
of the preliminary plat of the Edengate project be placed on the
agenda of the City Council at the next available meeting. Please
( contact me to inform me of the date this matter will appear on the
Council agenda.
If any additional information is required, or if there are
any problems, please do not hesitate to let me know. Thank you.
Very truly yours,
GGUSTAFSON ADAMS, P.A.
_.2.)._.. ......,.......
Jose J\ Christensen
JJC:cw Attorney_at Law
(
•
•
CITY OF EDEN PRAIRIE
{
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and Members of City Council
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: October 29, 1980 •
SUBJECT: Anderson Lakes Addition
PROPOSAL: The Preserve is requesting City Council approval of the final
plat of Anderson Lakes Addition. This plat consists of approximately
17 acres to be divided into Outlot A (approximately 8.4 acres
which will be divided at a future date to accomodate RI-13.5
and RM 6.5 uses) and 2 lots which will contain 2 condominium
buildings (138 units). The plat is located north of Anderson
Lakes Parkway and west of Basswood Road.
HISTORY: The preliminary plat was approved by the City Council on Oct. 28,
1980 per Resolution #80-206.
Zoning to RM2.5 was finally read and approved by the City Council
on February 25, 1974 per Ordinance #251.
Concept approval for Outlot A was granted by the City Council on
October 28, 1980. The final plat now submitted for approval
conforms with the approved preliminary plat and concept approval.
VARIANCES: Any variance requests must be processed through the Board of Appeals.
UTILITIES AND
STREETS: All on-site utilities and streets within this plat will be owned
and.mt:intained by the owners association. The internal easements
shown o,: the plat will be removed prior to City release of the plat.
PARK DEDICATION:The requirement for park dedication have aeen satisfied through
the approved Preserve P.U.D.
BONDING: All utilities and streets will be owned and maintained by the
owners association, therefore bonding will .not be required.
RECOMMENDATION: Recommend approval of the final plat of Anderson Lakes Addition
subject to the requirements of this report and the following:
1. Receipt of fee for City Engineering Services in the
{ amount of $2760.00.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MIN ESOTA
•
RESOLUTION NO.R80-217 •
.
A RESOLUTION APPROVING FINAL PLAT
OF Anderson Lakes Addition •
•
WHEREAS, the plat of Anderson Lakes Addition has been sub-
mitted in the manner required for platting land under the Eden Prairie Ordinance
Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been
duly had thereunder, and •
•
WHEREAS, said plat is in all respects consistent with the City plan and
the regulations and requirements of the laws of the State of Minnesota and ordin-
ances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
.EDEN PRAIRIE:
A. Plat Approval Request for Anderson Lakes Addition is approved
upon compliance with the recommendation of the City Engineer's
• ' Report'on this plat dated October 29, 1980.
• B. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the Register of Deed and/or Regis- •
{ trar of Titles for their ;use as required by MSA 462.35B, Subd. 3.
C. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
plat.
D. That the Mayor and City Manager are hereby authorized to Execute •
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on
•
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John -D. hrane, Clete
{
- l,a I
✓ Anderson Lakes Meightoi-hood
Shopping Center PUD
1D/1/8D
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 198a by and
between EDEN PRAIRIE REAL ESTATE INVESTMENT CORPORATION, a Minnesota Corpor-
ation hereinafter referred to as "Owner" and the CITY DF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City",
WITNESSETH:
WHEREAS, Owner has applied to'City for Planned Unit Development Concept
. approval•for development of approximately 17 acres, situated in Hennepin
County, State of Minnesota, more fully described as:
Outlots J & K, Lake Eden, and That part of the north # of
the south 2 of the northwest quarter of Sec.-23, T 116,
• R 22, described as follows: Commencing at the northwest
corner of the north 1/2 of the south ; of the northwest
quarter of said Sec. 23; thence south along the west line
of said northwest quarter to a point which is 1595.4 feet
south of the northwest quarter of said Sec. 23, said point
being the point of beginning of the tract of land to be
described; thence at right angles to said West line east
a distance of 194.58 feet; thence south 150 feet to a
point 194.34 feet distant from and at right angles to the
said west line of said Section; thence west 194.34 feet to
said west line; thence north along said west line to the
point of beginning. Except the west 60 feet thereof. All
being in Hennepin County, State of Minnesota.
WHEREAS, Owner desires to develop the property to construct thereon
office, commercial,and quasi-public buildings.
NOW THEREFORE, in consideration of the City adopting Resolution 80-125,
Owner covenants and agrees that construction upon, development, and main-
thence of said property is subject to the following:
• I. Approved rezoning and platting of the property in conformance with
the material dated May 12, 1980 & revised July 31, 1980, approved
by the City Council on August 5, 1980 and attached hereto as
Exhibit A, and further subject to the following changes and rr mod-
ifications:
4
a. Owner shall submit to City for review and approval
a detailed rezoning application including specific
building plans.
. 2630
Developer's Agreement- Anderson
Lakes Parkway Shopping Center PUD page 2
•
b. Providing setbacks from U.S. 169 and Anderson
Lakes Parkway of at least 50 feet.
c. Providing screening of the parking areas as
required by City.
•
d. Design and install appropriate signals at the
intersection of U.S. 169 and Anderson Lakes
Parkway with the owner's contribution limited to a maximum
of $20,000.
e. Design and Construction of a sidewalk system
to link the buildings to be constructed upon
the property with the trail along Anderson
Lakes Parkway.
f. Payment of Cash park fee payment applicable
at time of building permit issuance. _
2. Owner shall, prior to any development upon the property,
submit detailed plans to the Riley Purgatory Creek Water-
. • shed District for review and approval.
3. Owner shall develop and use Outlot A, Exhibit A, for office •
or quasi-public uses such as church, day-care.
1 IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to he executed as of the day and year aforesaid.
CITY:
BY:
Wo-fgang H. Penzel, Mayor
•
BY:
• Roger K. Ulstad, City Manager
STATE OF MINNESOTA) •
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1980 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad,
the City Manager of Eden Prairie, on behalf of the corporation.
•
Notary Public
•
t {.
43 t
Developer's Agreement-Anderson page 3
Lakes Shopping Center PUD
OWNER: n •
•
BY: •
the
STATE OF MINNESOTA) •
) SS.
COUNTY OF HENNEPIN)
The f regoing instrument a. _ac owledggd before me thistI of
, 1980 by l�. ,. the , and
r the on behalf of the corporation.
,,,.......M Notar P lc
JOHN K.L?:SEN
NOTARY PU '••NNESOTh
HENNEP J 3UN1Y
MY Commitson OA.%Oa
•
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Lakeridge Office Park
RAP
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 80-23
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as
follows: The following described property,
As set forth in Exhibit A, attached hereto and made a part hereof.
shall be and hereby is removed from the C-REG District
and shall be included hereafter in the Office District.
Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as
of , 1980, between Hustad Development Corporation
and the City of Eden Prairie, which Agreement is hereby made a part
hereof and shall further be subject to all of the ordinances, rules
and regulations of the City of Eden Prairie relating to the Office
District.
Section 3. This ordinance shall become effective from and after
its passage and publication.
FIRST READ at a regular meeting of the City Council of the City
of Eden Prairie on the day of , 1980, and
finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the day of , 1980.
Wolfgang H. Penzel - Mayor _
ATTEST:
John D. Frane - City Clerk
PUBLISHED in the Eden Prairie News on the, day of , 1980.
c��
WOO '
Bryant Lake Center/Lakeridge Office Park
REV. 10/6/80
DEVELOPER'S AGREEMENT
. THIS AGREEMENT, made and entered into as of , 1980 A
by and between HUSTAD DEVELOPMENT CORPORATION, hereinafter referred to as
"Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation hereinafter
referred to as "City",
WITNESSETH:
WHEREAS, Owner has applied to City for Planned Unit.Development Con-
cept approval for development thereof and construction thereon of office •
and commercial buildings and structures on approximately 31 acres, situated
in Hennepin County, State of Minnesota, more fully described in Exhibit A, •
attached hereto and made a part hereof, and hereafter referred to as "the
property", and rezoning from C-Reg to Office of approximately 7.7 acres
within the property more fully described in Exhibit A2, attached hereto and
{ made a part hereof and hereafter referred tom "rezoned property", and •
WHEREAS, Owner desires to develop the rezoned property to construct
thereon buildings for office use. -
NOW THEREFORE, in consideration of the City adopting Resolution No.
8D-161 and Ordinance 80-23, Owner covenants and agrees to construction
•
upon, development, and maintenance of the property as follows:
1. Owner shall plat and develop the property in conformance
with the material dated August 29, 1980 reviewed and
• approved by the City Council on September 2, 1980 and •
attached hereto as Exhibit B and Exhibit B , subject to
such changes and modifications as provided herein. Owner
shall not develop, construct upon or maintain the property
in any other respect or manner than contained herein.
2. Owner covenants and agrees to the performance and
observance by Owner at such times and in such manner'
• as provided therein of all of the terms, covenants,
agreements, and conditions set forth in Exhibit C,
•
attached hereto and made a part thereof.
. S
•
Developer's Agreement-
Bryant Lake Center;Lakeridge Office Park page 2
3. Owner shall agree to participate in assessment for
improvements to C.S.A.H. #60 consistent with those
policies adopted by the City. Said improvements •
will meet the requirements of the Hennepin County
Highway Department and the City.
4. Owner shall, concurrent with construction of streets
in and on the property construct:
• A 5 foot wide 5 inch deep concrete sidewalk with let
down curb and gutter within the right of way of •
U Street as depicted in black on Exhibit B.
5. Owner shall not, nor permit others to, construct
• any buildings on the property less than 35 feet from
public street right of ways.
6. Owner shall not, nor permit others to grade or
construct any building or structure upon the •
property other than the rezoned property.
7. Owner shall, prior to the issuance of any building
permit upon the rezoned property, submit to the City
and Nine Mile Creek Watershed District for review
f and approval a detailed drainage erosion control
plan.
8. Owner shall not, nor permit others to, place or
utilize on the property any private street name signs.
9. Owner shall, prior to issuance of any building permit
upon the rezoned property, submit to the City Attorney
for review and approval all condominium and easement
agreements affecting the property.
10._ Owner shall develop the property in conformance with
the requirements of the Department of Natural Resources.
11. Owner shall, concurrent with construction of buildings
Exhibit B, or prior to occupancy of said buildings,
construct private road A, as outlined in green, in
accordance with the City Engineer's recommendations.
•
12. Owner sh,l1, concurrent with the construction and prior •
to occupancy of buildings c or d, Exhibit B, construct
either access 4 or the temporary access, Exhibit B
in accordance with the City Engineer and P.ennc: fT
County Highway Department's rtcoro-c nuations.
13. Owner shall prepare plans .fer the construction; cf the
permanent access for the property to and from Co. Rd.
!GO, shown as +access £.,. Lri r'it B, in such forma and
containing suui provisions including but riot limited
to grades and sight line distances, as are approved
by the City Engineer and Hennepin County Highway
Department.
14. Owner shall design all public streets within the
property according to City Engineer's recommenda-
tions.
•
•
fveloper's Agreement-
Lakeridge Office Park page 4.
IN WITNESS WHEREOF, the parties to this Agreement have cuased these
presents to be executed as of the day and year aforesaid.
CITY:
• Wolfgang H. Penzel, Mayor
Roger K. Ulstad, Manager
STATE OF MINNESOTA) •
)SS. •
COUNTY OF HENNEPIN •
The foregoing instrument was acknowledged before me this day of
, 1980 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad,
the City Manager of the City of Eden Prairie, a municipal corporation on
behalf of the corporation.
Notary Public •
OWNER: •
its
its
STATE OF MINNESOTA) iE MJAMILS
)SS. NOW,^LYIIC—M1Nr:t..0:.:
:f .::!.PIN COUNT.,COUNTY OF HENNEPIN) Hr
❑.PNI[6 IION.Ia.lae..1
•
T1 fpr going instrumel? �y��� l owl7eaged before this`4) day of
I , 1980 by 1vd1'1W�'t i J 41(J JYI the '_
and the of Husta3Develop-
ment Corporation.
•
jOidin•
Notary Public
qq
.2`gU
•
I
•
( " THE PROPERTY " '
Pail: . .
That part of the Southeast Quarter of Section 11, Township' 116,
Range 22 lying Southerly of the center line of County Road
No. 60, formerly County Road Na. 66 and lying Northwesterly of
the center line of State Highway No: 169-212, formerly State
•
Trunk Highway No. 5, as said center line is describes? in Book •
• 1054 of Deeds, page 2338 except that, part ther-:of described as • t
beginning at the Southeast coiner of said Section 11; thence
Northerly along the East line of said section (assumed to
bear North 0 degrees 7 minutes 47 seconds East) a distance of
1368.42 feet; thence South 77 degrees 31 minutes 30 seconds
West, :1078.72 feet; thence at a right angle Northerly 164 feet -
to the hig:tway right of way line as described in Book 3660 of
Mortgages, page 175; thence at a right angle .Easterly along
said right of way line 362.92 feet to a point of curve in said
right of way line; thence Easterly along said right of way
line, being a tangential curve to the left with a radius of
1745.86 feet, 362.88 feet to an angle point in said right of
way line, said point being the actual point of beginning of the
tract of land to be described; thence .southwesterly along .last 1
• described curve 216.3 feet; thence North 51 eagrees 34 minutes
• 52 seconds West, 138.97 feet; thence North 38 degrees 25 minutes
8. seconds East 130 feet; thence North 55 degrees 34 minutes
52 seconds WeSt, 293.61 feel; thence South 38 deyreeS 25 minutes
8 seconds West, 226.42 feet; thence North 51 degrees 34 minutes
52 seconds West, 536.3 feet; thence North 38 degrees 25 minutes
8 seconds East, 313.97 feet to the Southerly line of County
!toad No. 60; thence Easterly along Said Southerly lime. 51.26
feet to an intersection with the right of way line described
in said Book 3660 of Mortgages, page 175; thence along said
' - right of way line South 33 degrees 4 mint :_s 4 seconds East, a
distance of 118.98 feet to a point; thence Southeasterly along
said right of way line to the actual point of beginning and
except the right of way of U.S. Highway Number 494 as described
in said Book 3660 of Mortgages, page 175, in Book 2604o 'Deeds,
. page 203, and in Book G8 of ltenuopin County R<:cords, page
3753705 all in office of RegiLter of Deeds, 1k nnepiri County,
Minnesota. The west boundary line of that part of the above
premises lying between the center line of County Road No. 60
and the Northerly line of U.S. Highway Number. 494 is marked by
Judicial Landmarks set pursuant to Torrens Case No. 16745,
accordiig_to the Government Survey thereof. • .
Exhibit Al // "
•
"REZONED PROPERTY"
•
•
•
LAKERIDGE OFFICE PARK legal Description
That part of the Southeast Quarter of Section 11, Township 116,
Range 22, described as follows:
•
Commencing at the southeast corner of said Section 11; thence
northerly along the east line of said Section 11, on an assumed
bearing of North 0 degrees 07 minutes 47 seconds East, 1368.42
feet; thence South 77 degrees 31 minutes 30 seconds West, 1078.72
•
feet; thence ncr•tterly at a right angle, 1E4.000 feet to the
highway right of way line as described in Book 3660 of Mortgages, -
page 175; thence easterly at a righ angle, along said right of
way line, 362.92 feet to a point of curve in said right of way
line; thence easterly along said right of way line, being a
tangential curve to the left with a radius of 1745,86 feet, ,
362.88 feet to an angle point in said right of way line; thence
southwesterly along last described curve, 216.30 feet; thence
North 51 degrees 34 minutes 52 seconds West, 138.97 feet; thence
North 38 degrees 25 minutes 08 seconds East 130.00 feet; thence
North 55 degrees 34 minutes 52 seconds West, 293.61 feet; thence
South 38 degrees 25 minutes 08 seconds West, 226.42 feet; thence
North 51 degrees 34 minutes 52 seconds West, 536.30 feet; thence
North 38 degrees 25 minutes 08 seconds East, 313.97 feet to the
southerly line of County Road No. 60; thence westerly along
said southerly line, 313.00 feet to the point of beginning;;thence
South 15 degrees 30 minutes West, 182.00 feet; thence South 33
degrees 45 minutes West, 320.00 feet; thence South 12 degrees
30 minutes East; 200.00 feet; thence South 77 degrees 30 minutes
West, 137.00 feet; thence North 74 degrees 25 minutes West, 452.00
feet; thence North 29 degrees 20 minutes West, 120.00 feet; thence
North 28 degrees 50 minutes East, 190.00 feet; thence North 6
degrees West, 222 feet, more or less, to the southerly line of
County Road No. 60; thence easterly along said southerly line to
the point of beginning.
•
•
l Exhibit A2
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• DEVELOPER ' S AGREEMENT
.
i EXHIBIT C
.. :_.._ ... . page 1._of. .4- . _ - ' • .
I. Prior to release of final plat, Owner 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 to be deeded to the City.?
II. . _..Owner shall•sutimit detailed construction and storm sewer
- . plans to the' Nine Mile Creek
• • Watershed District for review and approval.
Owner shall follow all rules and recommendations of said .-
• • • • . Watershed District. - .
• III. Owner shall pay cash park fees as to all of the property required
by any ordinance in effect as of the date of the issuance of each
• building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
$1,400 Per acre. The amount to be paid by Owner shall be increased
or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
of the issuance of any building permit for construction on the
- property.
IV. Prior to the dedication, transfer or conveyance of any real
property or interest therein to the City as provided herein,
Owner shall deliver to the City an opinion addressed to the .
•
City by an Attorney, and in a form , acceptable to City, as to
the condition of the title of such property or in lieu of a
title opinion, a title insurance policy insuring the condition
of the property or interest therein in •the City. The condition of .
the title of any real property or any interest therein to be
• dedicated, transferred or conveyed as may be provided herein by
•
' . Owner to City shall vest in City good and marketable title,
therein free and clear of any mortgages, liens, encumbrances,
• or assessments. .
,,
Page 2 of 4 Exhibit C
t
V. A. All sanitary sewer, watermain and storm sewer facilities, concrete
t curb, gutters;'sidewalks and other public utilities ("improvements")
to be made and constructed on or within the property and dedicated
to the City shall be designed in compliance with City standards by
a registered professional engineer and submitted to the City Engin-
• eer"for approval. All of the improvements shall be completed by
Owner & acceptable to the City Engineer and shall be free and clear
of any lien, claim, charge or encumbrance, including any for work.
labor or services rendered in connection therewith or material or
equipment supplied therefore on or before the later of, 2 years .
from the date hereof or . 19 . Upon com-
pletion and acceptance, Owner warrants and guarantees the improve-
. ments against arty defect in materials or workmanship for a period
of two (2) years following said completion and acceptance. In _
the event of any defect in materials or workmanship within said:
2 year period warranty and guarantee shall he for a period of three
(3) years following said completion and acceptance, Defects in
material or workmanship shall be determined by the City Engineer. •
Acceptance Df improvements by the City Engineer may be subject to •
such conditions as he may impose at the time of acceptance, Owner,
through his engineer, shall provide for competent daily inspection
during the construction of all improvements. As-built drawings
with service and valve ties on reproduceablemylar shall be deliver-
ed to the City Engineer within 60 days of completion thereof to-
gether with a written statement from a registered engineer that all
improvements have been completed,.inspected and tested in accordance
t with City-approved plans and specifications. Prior to final plat
approval, or issuance of any building permit, if no final plat is
required, Owner shall: .
Submit a bond or letter of credit which guarantees com-
pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this subparagraph V. A., including but not limited
to, a' guarantee against defects in materials or work-
manship for a period of two (2) years following com-
pletion and acceptance of the improvements by the City
Engineer. The amount of the bond or letter of credit
shall be 125% of the estimated construction cost of
said improve7ents, subject to reduction thereof to an
amount equal to25% of the cost of the improvements
after acceptance thereof by the City Engineer, and re-__ i •
._ceipt of as-built drawings. The bond or letter of '
credit shall be in such form and contain such other
provisions and terms as may be required by the City
Engineer. The Owner's registered engineer shall make
and submit for approval to the City Engineer a written
estimate of the costs of the improvements.
B, In lieu of the obligation imposed by subparagraph V.A. above, Owner
( may submit a 100%petition signed by all owners of the property, re-
questing the City to install the improvements, Upon approval by the
City Council, the City may cause said improvements to be made and
special assessments for all costs for said improvements will be
levied on the property, except any property which is or shall be ded-
. .V,UL
•
Page 3 of 4 Exhibit C
icated to the public, over a five year period. Prior to the z and
of any contract by the City for the construction of any improve-
ments, Owner shall have entered into a contract for rough grading
of streets included in•the improvements to a finished subgrade.
elevation. Contractor's obligation with respect to the rough grad-
• ing work shall be secured by a bond or letter of credit which shall
guarantee completion, and payment for all labor and materials ex-
• pended in connection with the rough grading. The amount of the ' •
bond or letter of credit shall be 125% of the cost of such rough
grading and shall be in such form and contain such further terms
as may be required by the City Engineer.
.. C. Prior to release of final plat, Owner shall pay to City fees for.
first two year street lighting (public streets) engineering re-
view and street signs.
•
VI. A.. Owner shall removeall soil, and debris from, and clean, all streets '
within, the property at least every two months, (or within one week
from the date of any request by City), during the period commencing -
' May-1 and ending October 31,.of each year, until such time as such -
streets and improvements -therein are accepted for ownership and
maintenance by City.
B. Within 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) Owner shall sod (secured with a minimum of
2 stakes per roll of sod) that part of the property lying between
said curb and a line 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 6 feet apart). Either
sod or fiber must be placed upon a minimum of 4 inches of topsoil.
The topsoil shall be level with the top of the curb at the curb .
line and rise 1"_ for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and grade until
such time as the streets and improvements in the property are accept-
ed for ownership and maintenance by City.
Owner shall also sod all drainage swales serving each 1.5 acres a •
minimum distance of 6 feet on either side of the center of the swale.
C. The bond of letter of credit provided in paragraph V A. hereof shall
also guarantee the performance of Owner's obligations under this
paragraph VI.
VII.-.Owner shall file this Agreement with the Register of Deeds or Register of
Titles and supply the City with a copy of this Agreement with information
as to Document Number and date and time of filing duly certified thereon
with 60 days from the date of this Agreement.
VIII. If Owner fails to proceed in accordance with this Agreement within 24
months of the date hereof and provide proof of._filing in accordance
with item VII. hereof, Owner for itself, its successors, and assigns.
shall not oppose rezoning of said property to Rural.
4 -
.8/21/80
•
•
Page 4 of 4 Exhibit C - •
IX. Provisions of this Agreement shall be binding upon and enforceable against
Owner, its successors, and assigns of the property herein described.
X. Owner represents and warrants it owns fee title to the property free
and clear of mortgages, liens and other encumbrances, except:"
XI. In the event there are or will'be constructed on the property, 2 or.more
streets, and if permanent street signs have not been installed, Owner
shall install temporary street signs in accordance with recommendations
of the City Building Department, prior to the issuance of any permit to
build upon the property. • •
XII. All improvements including grading, seeding, planting, landscaping,
equiping, and constructing of any structure to or upon any of the
property or other lands to be conveyed or dedicated to the City or for
which an easement is to be given to the City,for park or other..recre-
ational purposes, shall be completed by Owner &acceptable to the
Director of Community Services and shall be free and clear' of any lien,
claim, change, or encumbrance, including any for work, labor, or ser- •
vices rendered in connection therewith or material or equipment sup-
plied '.
therefore on or before the later of, 2 years from the date hereof
or , 19 Upon comments against any defect in materials
or workmanship for a period of two (2) years following said completion
and acceptance. In the event of any defect in materials or workmanship
( within said 2 year period the warranty and guarantee shall be for a period
of three (3) years following said completion and acceptance. Defects .
in materials or workrranships shall be determined by the Director of
Community Services. Acceptance of improvements by the Director of.
Community Services may be subject to such conditions as he may impose
at the time of acceptance..-Owner, through his engineer, shall-provide
for competent daily inspection during the construction of all improve-
ments. Prior to final plat approval, or issuance of any building permit,
if no final plat is required, Owner shall:
Submit a bond or letter of credit which guarantees com •
-
pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this subparagraph V. A., including but not limited
to, a guarantee against defects in materials or"work-
manship for a period of two (2) years following com-
pletion and the extension of the period to three (3)
years in the event of any defect during said 2 year
period, and acceptance of the improvements by the Dir-
ector of Community Services shall be )25% of the estim-
ated construction cost of said improvements, subject to
reduction thereof to an amount equal to 25% of the cost
of the improvements after acceptance thereof by the Dir
ector of Community Services. The bond or letter of credit
shall he in such form and contain such other provisions
and terms as may be required by the Director of Community
Services. The Owner's registered engineer shall make
and submit for approval to the Director of Community Ser-
vices a written estimate of the costs of the improvements.
9/lb/so
Page 5 of 5 Exhibit C
XIII. Owner acknowledges that the rights of City to performance Of obligations i
of owner contemplated in this agreement are special. unique and of an •
extraordinary character; and that in the event that owner violates or
fails or refuses to perform any covenant, condition or provision made by
him herein, City may be without an adequate remedy at law. Owner agrees,
therefore, that in the event he 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 conferreein 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 in
equity shall be deemed to be void and of no force and effect to the extent
necessary to bring such term within the provisions of any such applicable •
• • law or laws. and such terns as so modified and the balance of-'the terms
• of this agreement shall be fully enforceable. •
•
•
•
•
•
•
•
•
i
•
•
Opus Plaza
CITY OF EDEN PRAIRIE RAP
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 80-06
@@@
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL.OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as
follows: The following described property, as set forth in
Exhibit A attached hereto and made a part hereof,
shall be and hereby is removed from the Rural District
and shall be included hereinafter in the Office District.
Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as
of , 1980, between Rauenhorst Corporation,
a Minnesota corporation, .
and the City of Eden Prairie, which Agreement is hereby made a part
` hereof and shall further be subject to all of the ordinances, rules
and regulations of the City of Eden Prairie relating to the Office
District.
Section 3. This ordinance shall become effective from and after
its passage and publication.
FIRST READ at a regular meeting of the City Council of the City
of Eden Prairie on the day of , 1980 , and
_ finally read and adopted and ordered published at a regular meeting
• of the City Council of said City on the day of , 1980 .
Wolfgang H. Penzel - Mayor
ATTEST:
John D. Franc - City Clerk
PUBLISHED in the Eden Prairie News on the day of , 1980.
(D<<g
OPUS OFFICE PLAZA
LEGAL DESCRIPTION:
Lot 1, Block 1, Opus II 2nd Addition,
Hennepin County, Minnesota
�r EXHIBIT A
i
Z1/9
Opus Office Plaza
DEVELOPER'S AGREEMENT
f ;
THIS AGREEMENT, made and entered into as of , 1980
by and between RAUENHORST CORPORATION, a Minnesota Corporation, hereinafter
referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation,
hereinafter referred to as "City",
WHEREAS, Owner has applied to City to rezone from Rural to Office
District approximately 9.2 acres, situated in Hennepin County, State of
Minnesota, more fully described as Lot 1, Block 1, Opus II 2nd Addition,
'hereafter referred to as "the property", and
. WHEREAS, Owner desires to develop the property to construct thereon
a 10 story, 120 feet high office containing 150,D00 square feet of
floor space, and
WHEREAS, the property constitutes a portion of certain lands encompassed
within Opus II Planned Unit Development ("PUD"), and
WHEREAS, Owner has requested rezoning in connection with its proposed
development of the property included in the PUD, and
WHEREAS, it is appropriate that City take such actions pursuant to
and in implementation of the PUD,
NOW THEREFORE, in consideration of the City adopting Ordinance 80-06,
Owner covenants and agrees to construction upon, development, and maintenance
of said property as follows:
1. Owner shall develop the property in conformance with the
material dated November 19, 1979 reviewed and approved by
the City Council on March 4, 1980 and attached hereto as •
Exhibit A, subject to such changes and modifications as
provided herein. Owner shall not develop, construct upon,
or maintain any other respect or manner than as set forth
herein.
2. Owner covenants and agrees to the performance and observance
( by Owner at such times and in such manner as provided therein
of all of the terms, covenants, agreements, and conditions
set forth in Exhibit B, attached hereto and made a part hereof.
. 265C
Agreement-Opus Office Plaza page 2
( 3. Owner shall not build or develop any portion of the property
other than that depicted in Exhibit A, without the review and
approval of the City Planning Commission.
4. In implementation of the PUD and as a variance from certain
requirements imposed by City Ordinance I35, as amended, City
authorizes:
(a) The construction of the building described in
• Exhibit A, to a height of not more than I20 feet.
(b) The provision for and construction of 696 parking
spaces, 30% of which may be of a size not less than
8'6" by 16', upon the following conditions:
(i) That Owner shall construct tho parking ramp
depicted in Exhibit A in such a manner that
it will accommodate construction of a third
parking level in addition to the two levels
to be constructed concurrently with the office
building portion thereof.
(ii) That within a period of 8 months of receipt
of notice from the City that additional parking
spaces must be provided., Owner shall provide,
by construction of a third level or portion
thereof to the parking ramp, such number of
parking spaces as are required pursuant to the
provisions of Ordinance 135, as amended.
5. Owner shall, prior to issuance of any buiding permit, submit to
City for review and approval a detailed grading, storm water
and development plan, including but not limited to: placement
and elevation of the building and parking structure, screening
of the parking lot, loading area and mechanical equipment ('the
grading plarn. Owner covenants that it shall develop and alter
the property, trees and vegetation thereon, only in accordance
with the grading plan and not otherwise.
6. Owner shall not grade or disturb any portion of the property or
wooded lands situated more than 30 feet from the parking area
or building as depicted on page 3, Exhibit A. Owner shall
install snow fencing and hayhales, as depicted in red on Exhibit A,
to prevent disturbance of the wooded lands.
•
•
Developer's Agreement-Opus Office Plaza page 3
IN WITNESS WHEREOF, the parties to this Agreement have caused these
present to be executed as of the day and year aforesaid. .
CITY OF EDEN PRAIRIE, a municipal
corporation of the State of Minnesota
Wolfgang H. Penzel, Mayor
STATE OF MINNESOTA)
)SS. Roger K. Ulstad, City Manager
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before we this day of
198D by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the City Manager
of the City of Eden Prairie, a municipal corporation on behalf of the corpora-
tion.
Notary Public
C,
RAUENHORST CORPORATION, a Minnesota
corporation
BY:
Its
•
BY:
• STATE OF MINNESOTA) Tri
)SS.
COUNTY OF HENNEPIN)
. The foregoing instrument was acknowledged before me this _ day of
1980 by the and
' the of Rauenhorst Corporation
on behalf of the corporation.
•
Notary Public
(
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Nov. 19.1979 EXHIBIT A, page 2 of 3
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•
• DEVELOPER ' S AGREEMENT
EXHIBIT B
page 1 of 4
I. Prior to release of final plat, Owner 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 to be deeded to the City.
II. Owner shall submit detailed construction and storm sewer •
plans to the Nine Mile Creek
Watershed District for review and approval.
Owner shall follow all rules and recommendations of said
Watershed District.
III. Owner shall pay cash park fees as to all of the property required
••
by any ordinance in effect as of the date of the issuance of each
• building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
$ i,400 per acre. The amount to be paid by Owner shall be increased
or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
of the issuance of any building permit for construction on the
property. -
IV. Prior to the dedication, transfer or conveyance of any real
property or interest therein to the City as provided herein,
Owner shall deliver to the City an opinion addressed to the
City by an Attorney, and in a form , acceptable to City, as to •
the condition of the title of such property or in lieu of a
title opinion, a title insurance policy insuring the condition
of the property or interest therein in the City. The condition of
the title of any real property or any interest therein to be
dedicated, transferred or conveyed as may be provided herein by
• Owner to City shall vest in City good and marketable title,
• therein free and clear of any mortgages, liens, encumbrances,
or assessments.
•
•
a��c� •
y
. 1/00
•
•
Page 2 of 4 Exhibit B
V. A. All sanitary sewer, watermain and storm sewer facilities,concrete curb,gutter,
sidewalks and other public utilities ("improvements") to be made and constructed
on or within the property and dedicated to the City shall be designed in
compliance with City standards by a registered professional engineer and submitted
to the City Engineer for approval. All of the improvements shall be completed by
Owner & acceptable to the City Engineer and shall be free and clear of any lien,
claim, charge or encumbrance, including any for work, labor or services rendered
in connection therewith or material or equipment supplied therefore on or before ?
the later of, 2 years from the date hereof or , 19 i
Upon completion and acceptance, Owner warrants and guarantees the improvements
against any defect in materials or workmanship for a period of two (2) years
following said completion and acceptance. In the event of any defect in materials tl
or workmanship within said 2 year period said warranty and guarantee shall be for .
• a period of three (3) years following said completion and acceptance. Defects in
material or workmanship shall be determined by the City Engineer. Acceptance
of improvements by the City Engineer may be subject to such conditions as he may 1
impose at the time of acceptance. Owner, through his engineer, shall provide for
competent daily inspection during the construction of all improvements. As-built I.
drawings with service and valve tie! on reproduceable mylar shall be delivered k
to the City Engineer within 60 days of completion thereof together with a j
written statement from a registered engineer that all improvements have been
completed, inspected and tested in accordance with City-approved plans and speci- (
' fications. Prior to final plat approval, or issuance of any building permit,
if no final plat is required, Owner shall: e
( Submit a bond or letter of credit which guarantees completion of
all improvements within the times provided, upon the conditions,
and in accordance with the terms of this subparagraph V. A.,
including but not limited to, a guarantee against defects in materials
or workmanship for a period of two (2) years following completion
and acceptance of the improvements by the City Engineer. The
• amount of the bond or letter of credit shall he 125% of the estimated
construction cost of said improvements, subject to reduction thereof
to an amount equal to 25% of the cost of the improvements after
acceptance thereof by the City Engineer ,and receipt of as-built drawings. '+
•
The bond or letter of credit shall be in such form and contain such other ``
• provisions and terms as may be required by the City Engineer. The Owner's
registered engineer shall make and submit for approval to the City Engineel
a written estimate of the costs of the improvements.
B. In lieu of the obligation imposed by subparagraph V.A. above, Owner
may submit a 100Z petition signed by all owners of the property,
requesting the City to install the improvements. Upon approval by
the City Council, .the City may cause said improvements to be made and
• special assessments for all costs for said improvements will be levied
on the property, except any property which is or shall be dedicated to
the public, over a five year period. Prior to the award of any contract
by the City for the construction of any improvements, Owner shall have
entered into a contract for rough grading of streets included in the
•
I improvements to a finished subgrade elevation. Contractor's obliga-
tion with respect to the rough grading work shall be secured by a bond
or letter of credit which shall guarantee completion, and payment for
all labor and materials expended in connection with the rough grading.
The amount of the bond or letter of credit shall be 125% of the cost
of such rough grading and shall be in such form and contain such
further terms as may be required by the City Engineer.
page 3 of 4, Exhibit B •
L
C. Prior to release of final plat, Owner shall pay to City
fees for first two year street lighting ( public streets )
engineering review and street signs.
VI. A. Owner shall remove all soil, and debris.from. and clean, all
streets within. the property at least every two months, (or
within one week from the date of any request by City), during
the period commencing May 1 and ending October 31, of each
year, until such time as such streets and improvements there-
in are accepted for ownership and maintenance by City.
B. Within 30 days of installation of utilities and street curb
in any portion of the property (if said time occurs between
May 1 and October 31 of any year) Owner shall sod (secured
with a minimum of 2 stakes per roll of sod) that part of the
property lying between said curb and a line IBinches measured
perpendicular with the curb orinlieu of said sod, place a
fiber blanket with seed approved by the City (secured with
stakes a•maximum of 6 feet apart). Either sod or fiber
must be placed upon a minimum of 4 inches of topsoil. The
topsoil shall be level with the top of the curb at the curb
line and rise ? for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and
grade until such time as the streets and improvements in
the property are accepted for ownership and maintenance by
City.
Owner shall also sod all drainage swales' serving each 1.5
acresa minimum distance of 6 feet on either side of the .
center of the swale.
C. The bond or letter of credit provided in paragraph V. A.
hereof shall also guarantee the performance of Owner's
obligations under this paragraph VI. •
VII. Owner shall file this Agreement with the Register of Deeds or
Registrar of Titles and supply the City with a copy of this
Agreement with information as to Document Number and date and
time of filing duly certified thereon within 60 days from the
date of this Agreement.
VIII. If Owner fails to proceed in accordance with this Agreement with-
in 24 months of the date hereof and provide proof of filing in
accordance with item VIL hereof, Owner for itself, it successors,
and assigns shall not oppose rezoning of said property to Rural.
4
y
, 1/CJ
8/21/80
Page 4 of 5 Exhibit C
( •
.
IX. Provisions of this Agreement shall be binding upon and enforceable against
Owner, its successors, and assigns of the property herein described.
X. andeclearrepresents
mortgages,rliens and other fee
encumbrancesf,eex property free
except:
XI. In the event there are or will•be constructed on the property, 2 or.more
streets, and if permanent street signs have not been installed, Owner
shall install temporary street signs in accordance with recommendations
of the City Building Department, prior to the issuance of any permit to
build upon the property.
XII. All improvements including grading, seeding, planting, landscaping,
equiping, and constructing of any structure to or upon any of the
property or other lands to be conveyed or dedicated to the City or for
which an easement is to be given to the City.for park or other recre-
ational purposes, shall be completed by Owner & acceptable to the
Director of Community Services and shall be free and clear of any lien,
claim, change, or encumbrance, including any for work, labor, or ser- •
vices rendered in connection therewith or material or equipment sup-
plied therefore on or before the later of, 2 years from the date hereof
or , 19 . Upon comments against any defect in materials
or workmanship for a period of two (2) years following said completion
( and acceptance. In the event of any defect in materials or workmanship
within said 2 year period the warranty and guarantee shall be for a period
of three (3) years following said completion and acceptance. Defects
in materials or workmanships shall be determined by the Director of
Community Services. Acceptance of improvements by the Director of,
Community Services may be subject to such conditions as he may impose
at the time of acceptance.. Owner, through his engineer, shall-provide
for competent daily inspection during the construction of all improve-
ments. Prior to final plat approval, or issuance of any building permit,
if no final plat is required, Owner shall:
Submit a bond or letter of credit which guarantees com- .
•
pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this subparagraph V. A., including but not limited ;.
to, a guarantee against defects. in materials or work-
manship for a period of two (2) years following com-
pletion and the extension of the period to three (3)
'ears in the event of any defect during said 2 year
period, and acceptance of the improvements by the Dir-
ector of Community Services shall be 125% of the estim-
ated construction cost of said improvements, subject to
reduction thereof to an amount equal to 25% of the cost
of the improvements after acceptance thereof by the Dir-
( ector of Co.n,wnity Services. The bond or letter of credit
shall be in such form and contain such other provisions
and terms as may be required by the Director of Community
Services. The Owner's registered engineer shall make
and submit for approval to the Director of Conrnunity Ser-
vices a written estimate of the costs of the improvements.
•
,26 9
1/80
9/1O/80
Page 5 of 5 Exhibit C
XIII. Owner acknowledges that the rights of City to performance of obligations
of owner contemplated in this agreement are special, unique and of an •
extraordinary character; and that in the event that owner violates or
fails or refuses to perform any covenant, condition or provision made by
him herein, City may be without an adequate remedy at law. Owner agrees,
therefore, that in the event he 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 in
equity shall be deemed to be void and of no force and 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 fully enforceable.
•
•
•
•
4
Dolejsi Addition
RAP
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 80-26
AN ORDINANCE RELATING TO TONING AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as follows: The
following described property,
shall be and hereby is removed from the Rural District and shall be included
hereafter in the R1-22 District.
Section 2. The above-described property shall be subject to all of the
ordinances, rules and regulations of the City of Eden Prairie relating to the
R1-22 District.
Section 3. This ordinance shall became effective from and after its passage
and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , 1980, and finally read and adopted
and ordered published at a regular meeting of the City Council of said City on
the day of , 1980.
Wolfgang H. Penzel - Mayor
ATTEST:
John D. Frane - City Clerk
PUBLISHED in the Eden Prairie News on the day of , 1980.
a(4961l
r.
LEGAL DESCRIPTION:
The east 190.00 feet of the west 1180.00 feet
of the north 465.00 feet of the South Half of
the Northwest Quarter of Section 6, Township 116,
Range 22, Hennepin County, Minnesota.
Together with an easement for access to the above
described land over the north 40.00 feet of the
west 990.00 feet of said South Half of the
Northwest Quarter.
EXHIBIT A
To: Mayor and Council
From: John Frane
Date: October 31, 1980
Re: Public Hearings on November 4, 1980 for M.I.D.B'S
Resolution #80-212 Ryan-Lakeridge Ltd $410,000
Resolution #80-213 Hustad Properties $500,000
Resolution #80-214 Oldre Partnership $345,000
The three requests on the agenda are a cooperative effort by the proponents
to assemble a construction and financing package whereby the same architect,
engineer, bond attorney, contractor, interim lender and final lender would
be used in each project. Ownership would be separate upon completion of the
project under a town-office concept.
The Ryan project has 4500 square feet of office space which would be leased
, to Ryan Development for their corporate offices.
The Hustad project has 5500 square feet of office space which would be leased
to Hustad Development for their corporate offices.
The Oldre project has 3800 square feet of office space which would be leased
to two insurance agencies. One owned by Dallas & Eldon Oldre and the other
owned by Larry Brustad and Dallas & Eldon Oldre.
0 t000�
CITY OF EDEN PRAIRIE, MINNESOTA
Application for
Industrial Development Bond Project Financing
1. APPLICANT:
a. Business Name - Ryan-Lakeridge, Ltd. - —
b. Business Address - P. 0. Box 598
Grand Rapids, MN 55744 •
c. Business Form (corporation, partnership, sole proprietor-
ship, etc.) - partnership
d. State of Incorporation organization - Minnesota
{ e. Authorized Representative - Thomas P. Ryan
f. Phone - ,(218)326-8587
2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: •
a. Edward C. Ryan .
P. 0. Box 598, 507 llth St. S.E.
Grand Rapids, MN 55744
b Thomas P. Ryan
•
P. 0. Box 598, 507 llth St. S.E.
Grand Rapids, MN 55744
c.
( • -1-
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL
PRODUCTS, ETC: .
Ryan Development, Inc. is a real estate development/general contracting
firm specializing in the development and marketing of recreational
townhouse and condominium units, Section 8 multi-family projects and
commercial properties. Ryan Development will lease the building from
Ryan-Lakeridge, Ltd.
•
4. DESCRIPTION OF PROJECT
a. Location and intended use:
Location: Lakeridge Office Park, Bryant Lake Center, Eden Prairie,MN •z
Intended use: Corporate headquarters •
b. Present ownership of project site:
Mr. Wallace H. Hustad
c. Names and address of architect, engineer, and general
contractor:
Architect - Waters, Cluts, & O'Brien •
5265. Edina Industrial Blvd., Edina, MN 55435
Engineer - Sathre-Berquist, Inc. •
935 East Wayzata Blvd., Wayzata, MN 55391
General Contractor - Ryan Development, Inc.
P. 0. Box 598 •
Grand Rapids, MN
5. ESTIAATED PROJECT COST FOR:
Land $ 12,500 •
Building $ 330,000
Equipment $ 40,000
Other $ 30,000
•
Total $ 412,500
•
-2-
•
b. BOND ISSUE -
4
a. Amount of proposed bond issue - $410,000.
b. Proposed date of sale of bond - April, 1981.
c. Length of bond issue and proposed maturities - 30 years -
principal to be amortized.
•
d. Proposed original purchaser of bonds - not determined at this time.
e. Name and address of suggested trustee - It is not anticipated
that there would be a trustee.
f. Copy of any agreement between Applicant and original
purchaser - not applicable.
A
t
g. Describe any interim financing sought or available -
Construction financing to be provided by 1st Bank, Mpls., MN
h. Describe nature and amount of any permanent financing
in addition to bond fini'ncing - none.
•
7. BUSINESS PROFILE - •
•
a. Are you located in the City of Eden Prairie?
No
•
b. Numhcr of employees in Eden Prairie?
•
i. Before this project.; p
-3-
•
•
ii. After this project? 8-10
•
c. Approximate annual sales - $5,000,000
d. Length of time in business ' 6h years •
in Eden Prairie N/A •
e. Do you have plants in other locations?. If so, where?
1. Office in Grand Rapids, MN
2. Sales offices in three Minnesota locations
f. Are you engaged in international trade? No
•
( 8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S) :
a. List the name(s) and location(s) of other industrial
development project(si\in which the Applicant is the
owner or a "substantial user" of the facilities or a
"releated person" within the meaning.of Section 103(5) (6)
of the Internal Revenue Code.
None
•
•
-4-
4
b. List all cities in which the Applicant has requested
industrial revenue development financing.
None
c. Detail the status of any request the Applicant has before
any other city for industrial development revenue financing.
N/A
d. List any city in which the Applicant has been refused
industrial development revenue financing.
•
None
e. List any city (and the project name) where the Applicant
has acquired preliminary approval to proceed but in which
final approval authorizing the financing has been denied.
None •
•
�{.
-5-
6(D)
•
. f. If Applicant has been denied industrial development
revenue financing in any other city as identified
in (d) or (c), specify the reason(s) for the denial
and the name(s) of appropriate city officials who
have knowledge of the transaction.
N/A •
9. NAMES AND ADDRESS OF:
77
a. Underwriter (If public offering)
b. Private Placement Purchaser (If private placement)
Not determined at this time.
i. If lender will not commit until City has
passed its preliminary resolution approving
the project, submit a letter from proposed
lender that it has an interest in the
offering subject to appropriate City
approval and approval of the Commissioner
of Securities.
•
•
•
-6-
b. Bond Counsel - Michael E. Reeslund
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
c. Corporate Counsel - Jay Cook
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
d. Accountant - Jack Selwocrl.
Main, Hurdman & CranstoUn
700 Missabe Building
Duluth, Minnesota 55802
10. WHAT IS YOUR TARGET DATE FOR!
•
•
a. Construction start - November/December 1980
b. Construction completion - April 1981
•
•
FOR FURTHER INFORMATION CONTACT:
The undersigned Applicant understands that the approval or
disapproval by the City of Edcn'.Prairie for Industrial
Develop-gent bond financing does not expressly or impliediy
constitute any approval, variance, or waiver of any provision
or requirement relating to any zoning, building, or other rule
or or,iinance of the City of Eden Prairie, or any other law
applicable to the property included in this project.
Rlyan-La1Seridge, Ltd.
Applicant
by --
Date
• -7-
lI. ZONING - TO BE COMPLETED BY THE CITY PLANNING Dfa'AlhTMENT
a. Property is zoned - /9fG - V4r1
b. Present zoning is (is not.) correct for the intended
use.
•
c. Zoning application received on. _
for which is correct for the
intenc::?d use.
•
d. Variances required -
•
•
( - 1�V
City Plcn cr
•
•
•
•
•
•
-8-
.
•
Or t.`
�f l
4
After all persons who wished to do so had stated their
views on the proposal, the Mayor declared the hearing to
be closed.
After some discussion, Councilmember
introduced the following resolution and (after it had been
read in full) (after the reading of the resolution was
dispensed with by unanimous consent) moved its adoption:
RESOLUTION NO.
RESOLUTION RELATING TO THE AUTHORIZATION AND
ISSUANCE OF REVENUE BONDS OF THE CITY UNDER
MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE •
OF FINANCING A PROJECT THEREUNDER; AND
AUTHORIZING AN APPLICATION BY THE CITY TO THE
MINNESOTA COMMISSIONER OF SECURITIES
8E IT RESOLVED by the City Council of the City of
Eden Prairie, Minnesota, as follows:
Section 1. Recitals.
1.01. The Legislature of the State of Minnesota
in Minnesota Statutes, Chapter 474, as amended (the Act),
has found and declared that the welfare of the State
requires active promotion, attraction, encouragement and
development of economically sound industry and commerce
through governmental acts to prevent, so far as possible,
emergence of blighted lands and areas of chronic
unemployment; has authorized municipalities to issue
revenue bonds to finance, in whole or in part, the cost of
the acquisition, construction, reconstruction, improvement
and betterment of projects, including any properties, real
or personal, used or useful in connection with a revenue
producing enterprise engaged in any business; and has
authorized municipalities to enter into "revenue
•
agreements", as defined in the Act, with any person, firm,
or public or private corporation or federal or state
governmental subdivision or agency (the Contracting Party)
providing for the payment by the Contracting Party of
amounts sufficient to provide for the prompt payment of
principal and interest on the revenue bonds.
-3-
1.02. It has been proposed that the City issue
its revenue ponds, pursuant to the authority of the Act,
in an amount not exceeding in the aggregate principal
amount $410,000, or such lesser amount as may be
necessary, to finance costs of acquisition of land within
the City and construction and equipping thereon of one or
more buildings (the Project) to be owned and operated by
Ryan-Lakeridge, Ltd. , a Minnesota general partnership (the
Partnership) , and leased to Ryan Development, Inc., a
Minnesota corporation, for use as office facilities; and
to make the proceeds of such sale available to the
Partnership. The Partnership will agree to pay the City
amounts sufficient to pay promptly the principal of and
interest on the revenue bonds, and will agree to cause the
Project to be completed. The Project is presently •
estimated to cost approximately $412,500.
1.03. The City has been advised that
conventional, commercial financing to pay the capital cost
of the Project is available only on a limited basis and at
such high costs of borrowing that the scope of the Project
or the economic feasibility of operating the Project would
be significantly reduced, but that with the aid of
municipal financing, and its resulting low borrowing
costs, the Project can be constructed as designed and its
(. operation is economically more feasible.
Section 2. Public Hearinac ,
2.01. As required by Section 474.01, Subdivision
7b, of the Act, this Council, pursuant to a motion passed
on October 7, 1980, called and held a public hearing on •
the proposal to undertake and finance the Project. Notice
of the time and place of the hearing, and stating the
general nature of the Project and an estimate of the
principal amount of bonds to be issued to finance the
Project, was published at least once not less than fifteen •
days nor more than thirty days prior to the date fixed for
the hearing, in the official newspaper of the City and a
newspaper of general circulation of the City. A draft
copy of the proposed application to the Minnesota
Commissioner of Securities, together with all attachments
and exnibits thereto, was available for public inspection •
following the publication of such notice at the place and
times set forth in the notice.
2.02. All parties who appeared at the public •
hearing were given an opportunity to express their views
with respect to the proposal to undertake and finance the
Project. This Council has heard and considered the views
-4-
( expressed at the public hearing and the information
submitted to the City by the Partnership.
Section 3. Approvals and Authorizations.
3.01. On the basis of information given the City
to date, and the views expressed at the public hearing, it
is found and determined that the Project furthers the
purposes stated in Section 474.01 of the Act, and that it
would be in the best interest of the City to issue its
industrial development revenue bonds under the provisions
of the Act to finance costs of the Project in an amount
not to exceed $410,000 (the Bonds).
3.02. The Project is hereby given preliminary
approval by the City and the issuance of the Bonds for
such purpose approved. The Bonds shall not be issued
until the Project has been approved by the Commissioner of
Securities, as provided by the Act, and until the City and
the Partnership have agreed upon the details of the Bonds
and provisions for their payment.
3.03. If the Bonds are issued and sold, the City
will enter into a lease, mortgage, direct or installment
sale contract, loan agreement, take or pay or similar
( agreement, secured or unsecured, satisfying the
requirements of the Act (the Revenue Agreement) with the
Partnership. rhe amounts payable by the Partnership to
the City under the Revenue Agreement will be sufficient to
pay the principal, interest and redemption premium, if
any, on the Bonds as and when the same shall become due
and payable.
3.04. The Partnership has agreed to pay directly
or through the City any and all costs incurred by the City
in connection with the Project whether or not the Project
is approved by the Commissioner of Securities; whether or
not the Project is carried to completion; and whether or
not the Bonds or Revenue Agreement and all other operative
instruments are executed.
•
3.05. The adoption of this resolution does not
constitute a guarantee or a firm commitment that the City
will issue the Bonds as requested by the Partnership. The
City retains the right in its sole discretion to withdraw •
from participation and accordingly not issue the Bonds
should the City at any time prior to the issuance thereof
determine that it is in the best interest of the City not
to issue the Bonds or should the City, Partnership and any
other parties to the transaction be unable to reach
-5-
2L13
•
•
agreement as to the terms and conditions of any of the
documents required for the transaction.
3.06. In accordance with the Act, the Mayor and
City Clerk are hereby authorized and directed to submit
the proposal for the Project to the Minnesota Commissioner
of Securities for her approval of the Project. The Mayor,
City Clerk, City Attorney and other officers, employees
• and agents of the City, in conjunction with Dorsey,
Windhorst, Hannaford, Whitney & Halladay, Bond Counsel to
the City, are hereby authorized to provide the
Commissioner with any preliminary information she may need
for this purpose, and the City Attorney is authorized to
initiate and assist in the preparation of such documents
as may be appropriate to the Project.
3.07. The City will cause the Partnership to
comply with all of the provisions of the Act, including
Section 474.01, Subdivision 8, thereof, in the issuance of
the Bonds and the financing of the Project.
3.08. All commitments of the City expressed
herein are subject to the condition that within twelve
months of the date of adoption of this Resolution the City
and the Partnership shall have agreed to mutually
acceptable terms and conditions of the Revenue Agreement,
the Bonds and of the other instruments and proceedings
relating to the Bonds and their issuance and sale. If the
events set forth herein do not take place within the time
set forth above, or any extension thereof, and the Bonds •
are not sold within such time, this Resolution shall
expire and be of no further effect.
Section 4. Special Obligations.
In all events, it is understood, however, that
the Bonds shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the
City except the Project, if it becomes the property of the
City, and from the revenues received from the Project and
property pledged to the payment thereof, and shall not •
constitute a debt of the City.
Section 5. Effective Date.
This resolution shall be effective immediately
upon its final adoption.
PASSED AND FINALLY ADOPTED by the City Council of
f the City of Eden Prairie, this 4th day of November, 1980.
l
-6-
L7q
•
•
CITY OF EDEN PRAIRIE, MINNESOTA
Application for
t Industrial Development Bond Project Financing
1. APPLICANT: •
•
a. business Name - Hustad Properties - —
b. Business Address - 12750 Pioneer Trail
Eden Prairie, MN 55344
c. Business Form (corporation, partnership, sole proprietor-
ship, etc.) - partnership
d. State of Incorporation organization - Minnesota
e. Authorized Representative - .Wallace H. Hustad
f. Phone - ,(612)941-4383
2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: •
a. Wallace H. Hustad
12750 Pioneer Trail
Eden Prairie, MN 55344
b. Ruth K. Hustad
12750 Pioneer Trail
Eden Prairie, MN 55344
c.
{ -1-
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL
PRODUCTS, ETC:
{ Project will be leased for office space to Hustad Development
Corporation and Hustad Real Estate Company, which are engaged in
land development, real estate sales, home construction and income
property investments.
•
4. DESCRIPTION OF PROJECT
a. Location and intended use: Lakeridge Office Park, Bryant
Lake Center, Eden Prairie, MN
Intended use: Corporate headquarters
b. Present ownership of project site:
Wallace H. Hustad
•
•
c. Names and address of architect, engineer, and general
contractor:
Architect - Waters, Cluts, & O'Brien
5265 Edina Industrial Blvd., Edina, MN 55435
Engineer - Sathre-Berquist, Inc.
935 East Wayzata Blvd., Wayzata, MN 55391
Contractor - Ryan Development, Inc.
P. 0. Box 598
Grand Rapids, MN 55744 •
5. ESTIMATED PROJECT COST FOR:
Land $ 15,000 •
Building $ 402,500
Equipment $ 50,00.0
Other $ 35,000
Total •
$ 502,500
•
-2-
•
2 (0
6. BOND ISSUE -
a. Amount of proposed bond issue - $500,000.
b. Proposed date of sale of bond - April, 1981.
•
c. Length of bond issue and proposed maturities - 30 years -
principal to be amortized over full 30 years.
d. Proposed original purchaser of bonds - not determined at this time.
e. Name and address of suggested trustee - It is not anticipated
that there would be a trustee.
f. Copy of any agreement between Applicant and original
purchaser - Not applicable.
g. Describe any interim financing sought or available -
Construction financing will be provided by First Bank, Minneapolis,
Minnesota. .
h. Describe nature and amount of any permanent financing
in addition to bond financing - None.
7. BUSINESS PROFILE - •
a. Are you located in the City of Eden prairie? yes
•
b. Number of employees in Eden Prairie?
i. Before this project: 16
-3-
.
2l.:7
ii. After this project? 20
•
c. Approximate annual sales - $5,000,0(}0
d. Length of time in business 12 years
in Eden Prairie
a. Do you have plants in other locations?. If so, where?
No
f. Are you engaged in international trade? no
OTHER INDUSTRIAL DEVELOPMENT PROJECT(S) :
a. List the name.(s) and locations) of other industrial
•
development project s)\in which the Applicant is the
owner or a "substantial..•user" of the facilities or a
"releated person" within the meaning of Section 103(h) (6)
of the Internal Revenue Code.
none
•
-4-
(
b. List all cities in which the Applicant has requested
industrial revenue development financing.
•
•
•
Bloomington •
•
c. Detail the status of any request the Applicant has before
any other city for industrial development revenue financing.
Approved - pending .
d. List any city in which the Applicant has been refused
industrial development revenue financing.
none
•
e. List any city (and the project name) where the Applicant
has acquired preliminary approval to proceed but in which
final approval authorizing the financing has been denied.
•
none
•
IL •
-5-
•
f. If Applicant has been denied industrial development
revenue financing in any other city as identified
in (d) or (c), specify the reason(s) for the denial
and the name(s) of appropriate city officials who
have knowledge of the transaction. •
N/A
9. NAMES AND ADDRESS OF:
a. Underwriter (If public offering)
b. Private Placement Purchaser (If private placement)
- Not determined at this time.
�. •
i. If lender will not commit until City has
passed its preliminary resolution approving
the project, submit a letter from proposed
lender that it has an interest in the
offering subject to appropriate City
approval and approval of the Commissioner
of Securities.
•
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21nO
b. Bond Counsel - Michael E. Reeslund
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
c. Corporate Counsel - Robert Flotten
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
d. Accountant - Jerry Grande
Touche, Ross & Co.
608 Second Avenue South
Minneapolis, Minnesota 55402
10. WHAT IS YOUR TARGET DATE FOR:
a. Construction start - November/December 1980
b. Construction completion -
April 1981
•
FOR FURTHER INFORMATION CONTACT:
•
The undersigned Applicant understands that the approval or
disapproval by the City of Eden\Prairie for Industrial
Develop^,ent bond financing does not expressly or impliedly
constitute any approval, variance, or waiver of any provision
or requirement relating to any zoning, building, or other rule
or ordinance of the City of Eden Prairie, or any other law
applicable to the property included in this project.
L.s.4
Applicant
f
Bye ,
Date
-7-
a;dE�l
11. ZONING - TO HE COMPLETED DY TIE CITY PLANNING DEPARTMENT . .
•
a. Property is zoned - U�G- y1nG�
b. Present zoning is (is not) correct for the intended
Use.
c. Zoning application received on
for • which is correct for the
intended use
d. Variances required - . .
•
. (71 v.-- tY1
City PlanIter
•
•
•
•
•
•
-8-
T
4
g
After all persons who wished to do so had stated their
views on the proposal, the Mayor declared the hearing to
be closed.
After some discussion, Councilmember
introduced the following resolution and (after it had been
read in full) (after the reading of the resolution was
dispensed with by unanimous consent) moved its adoption:
RESOLUTION NO.
RESOLUTION RELATING TO THE AUTHORIZATION AND
ISSUANCE OF REVENUE BONDS OF THE CITY UNDER
MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE
OF FINANCING A PROJECT THEREUNDER; AND
AUTHORIZING AN APPLICATION BY THE CITY TO THE •
MINNESOTA COMMISSIONER OF SECURITIES
BE IT RESOLVED by the City Council of the City of
Eden Prairie, Minnesota, as follows:
Section 1. Recitals.
1.01. The Legislature of the State of Minnesota
in Minnesota Statutes, Chapter 474, as amended (the Act),
has found and declared that the welfare of the State
requires active promotion, attraction, encouragement and
development of economically sound industry and commerce
through governmental acts to prevent, so far as possible,
emergence of blighted lands and areas of chronic
unemployment; has authorized municipalities to issue
revenue bonds to finance, in whole or in part, the cost of
the acquisition, construction, reconstruction, improvement
and betterment of projects, including any properties, real
or personal, used or useful in connection with a revenue
producing enterprise engaged in any business; and has
authorized municipalities to enter into "revenue
agreements", as defined in the Act, with any person, firm,
or public or private corporation or federal or state
governmental subdivision or agency (the Contracting Party)
providing for the payment by the Contracting Party of
amounts sufficient to provide for the prompt payment of
principal and interest on the revenue bonds.
1.02. it has been proposed that the City issue
its revenue bonds, pursuant to the authority of the Act,
in an amount not exceeding in the aggregate principal
•
•
-3-
•
amount $500,000, or such lesser amount as may be neces-
sary, to finance costs of acquisition of land within the
City and construction and equipping thereon of one or more
buildings (the Project) to be owned and operated by Hustad
Properties, a Minnesota general partnership (the Partner-
ship) , and leased to Hustad Development Corporation and
Hustad Real Estate Company, Minnesota corporations, for
use as office facilities; and to make the proceeds of such
sale available to the Partnership. The Partnership will
agree to pay the City amounts sufficient to pay promptly
the principal of and interest on the revenue bonds, and
will agree to cause the Project to be completed. The
Project is presently estimated to cost approximately
$502,500.
1.03. The City has been advised that
conventional, commercial financing to pay the capital cost
of the Project is available only on a limited basis and at
such high costs of borrowing that the scope of the Project
or the economic feasibility of operating the Project would
be significantly reduced, but that with the aid of
municipal financing, and its resulting low borrowing
costs, the Project can be constructed as designed and its
operation is economically more feasible.
Section 2. Public Hearing.
2.01. As required by Section 474.01, Subdivision
7b, of the Act, this Council, pursuant to a motion passed •
on October 7, 1980, called and held a public hearing on
the proposal to undertake and finance the Project. Notice
of the time and place of the hearing, and stating the
general nature of the Project and an estimate of the
principal amount of bonds to be issued to Finance the
Project, was published at least once not less than fifteen
days nor more than thirty days prior to the date fixed for
the hearing, in the official newspaper of the City and a
newspaper of general circulation of the City. A draft
copy of the proposed application to the Minnesota •
Commissioner of Securities, together with all attachments
and exhibits thereto, was available for public inspection
following the publication of such notice at the place and
times set forth in the notice.
•
2.02. All parties who appeared at the public
hearing were given an opportunity to express their views
with respect to the proposal to undertake and finance the
Project. This Council has heard and considered the views •
expressed at the public hearing and the information
submitted to the City by the Partnership.
-4-
•
Section 3. Approvals and Authorizations.
3.01. On the basis of information given the City
to date, and the views expressed at the public hearing, it
is found and determined that the Project furthers the
purposes stated in Section 474.01 of the Act, and that it
would be in the best interest of the City to issue its
industrial development revenue bonds under the provisions
of the Act to finance costs of the Project in an amount
not to exceed $500,000 (the Bonds).
3.02. The Project is hereby given preliminary
approval by the City and the issuance of the Bonds for
such purpose approved. The Bonds shall not be issued
until the Project has been approved by the Commissioner of
Securities, as provided by the Act, and until the City and
the Partnership have agreed upon the details of the Bonds •
and provisions for their payment.
3.03. If the Bonds are issued and sold, the City
will enter into a lease, mortgage, direct or installment
sale contract, loan agreement, take or pay or similar
agreement, secured or unsecured, satisfying the
requirements of the Act (the Revenue Agreement) with the
Partnership. The amounts payable by the Partnership to
the City under the Revenue Agreement will be sufficient to
pay the principal, interest and redemption premium, if
any, on the Bonds as and when the same shall become due
and payable.
3.04. The Partnership has agreed to pay directly
or through the City any and all costs incurred by the City
in connection with the Project whether or not the Project
is approved by the Commissioner of Securities; whether or
not the Project is carried to completion; and whether or
not the Bonds or Revenue Agreement and all other operative
instruments are executed.
3.05. The adoption of this resolution does not
constitute a guarantee or a firm commitment that the City
•
will issue the Bonds as requested by the Partnership. The
City retains the right in its sole discretion to withdraw
from participation and accordingly not issue the Bonds
should the City at any time prior to the issuance thereof
determine that it is in the best interest of the City not •
to issue the Bonds or should the City, Partnership and any
other parties to the transaction be unable to reach
agreement as to the terms and conditions of any of the
documents required for the transaction.
i
-5-
3.06. In accordance with the Act, the Mayor and
City Clerk are hereby authorized and directed to submit
the proposal for the Project to the Minnesota Commissioner
of Securities for her approval of the Project. The Mayor,
City Clerk, City Attorney and other officers, employees
and agents of the City, in conjunction with Dorsey,
Windhorst, Hannaford, Whitney & Halladay, Bond Counsel to
the City, are hereby authorized to provide the
Commissioner with any preliminary information she may need
for this purpose, and the City Attorney is authorized to
initiate and assist in the preparation of such documents
as may be appropriate to the Project.
3.07. The City will cause the Partnership to
comply with all of the provisions of the Act, including
Section 474.01, Subdivision 8, thereof, in the issuance of
the Bonds and the financing of the Project.
3.08. All commitments of the City expressed
herein are subject to the condition that within twelve
months of the date of adoption of this Resolution the City
and the Partnership shall have agreed to mutually
acceptable terms and conditions of the Revenue Agreement,
the Bonds and of the other instruments and proceedings
relating to the Bonds and their issuance and sale. If the
events set forth herein do not take place within the time
set forth above, or any extension thereof, and the Bonds
are not sold within such time, this Resolution shall
expire and be of no further effect.
Section 4. Special Obligations.
In all events, it is understood, however, that
•
the Bonds shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the
City except the Project, if it becomes the property of the
City, and from the revenues received from the Project and
property pledged to the payment thereof, and shall not
constitute a debt of the City.
Section 5. Effective Date.
This resolution shall be effective immediately
upon its final adoption.
PASSED AND FINALLY ADOPTED by the City Council of
the City of Eden Prairie, this 4th day of November, 1980.
-6-
•
CITY OF EDEN PRAIRIE, MINNESOTA
Application for
Industrial Development Bond Project Financing
1. APPLICANT:
a. Business Name - 0ldre Partnership - —
b. Business Address - Suite 695
5001 West 80th St:
Bloomington, MN 55437
c. Business Form (corporation, partnership, sole proprietor-
ship, etc.) -
Partnership
d. State of Incorporation organization - Minnesota
e. Authorized Representative - Eldon W. 01dre
f. Phone - (612) 831-7505
•
2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS:
• a, Eldon W. 0ldre
325 Brunswick Avenue South
1olden Valley, MN 55416
b. Dallas M. 01dre
Colorado Ave. South
St. Louis Park, MN 55416
c.
-1-
•
11
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL
PRODUCTS, ETC:
Combined Financial Services, Inc. - Life, Health, Disability insurance
sales, employee benefit plan design and installation, and fee
financial Planning
Combined Protective Services, Inc. - Workers' compensation, property..
casualty insurance sales
Oldre Partnership will lease space to the above businesses
r
' DESCRIPTION OF PROJECT
a. Location and intended use:
Location: Lakeridge Office Park, Bryant Lake Center, Eden Prairie,MN •
Intended use: corporate headquarters .
b. Present ownership of project site:
Mr. Wallace H. Hustad
c. Names and address of architect, engineer, and general
contractor:
Architect - Waters, Cluts, & O'Brien
5265 Edina Industrial Blvd. , Edina, MN 55435
f Engineer - Sathre-Berquist, Inc.
935 East Wayzata Blvd., Wayzata, MN 55391
General Contractor - Ryan Development, Inc.
P. 0. Box 598, Grand Rapids, MN 55744
J`;�^). ESTIMATED PROJECT COST FOR: •
IJ 0
Land $ 11,500 •
Building $ 276,500
,Equipment $ 35,00Q
Other $ 25.000 •
•
Total $ 348,000
•
-2-
G. BOND ISSUE -
a. Amount of proposed bond issue - $345,000
b. Proposed date of sale of bond - April, 1981
c. Length of bond issue and proposed maturities - 30 years -
principal to be amortized.
d. Proposed original purchaser of bonds - not determined at this
time.
e. Name and address of suggested trustee - It is not anticipated
that there will be a trustee
f. Copy of any agreement between Applicant and original
purchaser - not applicable.
//
g. Describe any interim financing sought or available - Construction
financing to be provided by First Bank, Minneapolis, Minnesota.
h. Describe nature and amount of any permanent financing
in addition to bond financing - none.
7. BUSINESS PROFILE -
a. Are you located in the City of Eden Prairie?
No
b. Number of employees in Eden Prairie?
i. Before this project:
None
-3-
•
26P9
ii. After this project?
17
(_ c. Approximate annual sales - $335,000 in commission income •
-
or this would be the equivalent of gross profit.
d. Length of time in business Combined Financial Services, Inc.6774
Combined Protective Services. Inc. 4/77
in Eden Prairie
:::..:
e. Do you have plants in other locations?. If so, where?
No .
•
f. Are you engaged in international trade?
No
8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S) :
a. List the name.(s) and location(s) of other industrial
•
development project(s)\in which the Applicant is the
owner or a "substantial'•user" of the facilities or a
"relented person" within the meaning of Section 103(b) (6)
of the Internal Revenue Code.
None
.-.:,
IL -4-
i
•
b. List all cities in which the Applicant has requested
industrial revenue development financing. •
None •
•
•
c. Detail the status of any request the Applicant has before
any other city for industrial development revenue financing.
•
None
•
d. List any city in which the Applicant has been refused •
industrial development revenue financing.
•
None
•
•
•
e. List any city (and the project name) where the Applicant
has acquired preliminary approval to proceed but in which
final approval authorizing the financing has been denied.
•
None •
•
•
-5-
•
f. If Applicant has been denica industrial development
revenue financing in any other city as identified
in (d) or (e), specify the reason(s) for the denial
and the names) of appropriate city officials who
have knowledge of the transaction.
N/A •
9. NAMES AND ADDRESS OF:
a. Underwriter (If public offering)
b. Private Placement Purchaser (If private placement)
- not determined at this time.
i. If lender will not commit until City has
passed its preliminary resolution approving
the project, submit a letter from proposed
lender that it has an interest in the
offering subject to appropriate City
approval and approval of the Commissioner
of Securities.
•
•
•
-6-
0?132
•
b. Bond Counsel - Michael E. Reeslund
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
c. Corporate Counsel - Stephen J. Beseres
Rosenthal & Beseres, Ltd.
7600 56th Avenue North
Minneapolis, Minnesota
d. Accountant - Walker & Co., Ltd.
4550 West 77th Street
Edina, Minnesota
10. WHAT IS YOUR TARGET DATE FOR:
•
a. Construction start - November/December 1980
b. Construction completion - April 1981
•
FOR FURTHER INFORMATION CONTACT: •
•
The undersigned Applicant understands that the approval or
disapproval by the City of Edcri'.Prairie for Industrial
Development bond financing does not expressly or impliedly
constitute any approval, variance, or waiver of any provision •
or requirement relating to any zoning, building, or other rule
or ordinance of the City of Eden Prairie, or any other law
applicable to the property included in this project.
✓ �/e /udier5/1 i;a
Applicant
A
*A-04)
-7-
?C,'J
. ,...
. .
- )1. ZONING - TO BE COMPLETED BY THY, CITY PLANNING DEPARTMENT
'.':-..
• ,
( a. Property is toned - Of(/ ,c2i0-11(it
b. Present zoning ( (is not) correct for the intended is
use.
. .
c. Zoning application received on, •
for which is correct for the
intended use.
• . _
. ..
U. Variances required -
. .-,
• ''.
•
( 'City,Planner •
' .
. .
., . .
. .
. • . ,
• .
' .
. .
.. . •
. '
, .
•
• .
• .
. ,
. "
. .
. . .
' .
. _
• .
. .
( . .„-
-8-
• . . ': -.:
•
,9.011
. _ .. _ . . . .,-.....:..., ..:. ,,
- . ... .- ...:-:.. -
•
( After all persons who wished to do so had stated their
views on the proposal, the Mayor declared the hearing to
be closed.
After some discussion, Councilmember
introduced the following resolution and (after it had been
read in full) (after the reading of the resolution was
dispensed with by unanimous consent) moved its adoption:
RESOLUTION NO.
RESOLUTION RELATING TO THE AUTHORIZATION AND
ISSUANCE OF REVENUE BONDS OF THE CITY UNDER
MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE
OF FINANCING A PROJECT THEREUNDER; AND
AUTHORIZING AN APPLICATION BY THE CITY TO THE
MINNESOTA COMMISSIONER OF SECURITIES
BE IT RESOLVED by the City Council of the City of
Eden Prairie, Minnesota, as follows:
Section 1. Recitals.
1.01. The Legislature of the State of Minnesota
in Minnesota Statutes, Chapter 474, as amended (the Act) ,
has found and declared that the welfare of the State
requires active promotion, attraction, encouragement and
development of economically sound industry and commerce
through governmental acts to prevent, so far as possible,
emergence of blighted lands and areas of chronic
unemployment; has authorized municipalities to issue
revenue bonds to finance, in whole or in part, the cost of
the acquisition, construction, reconstruction, improvement
and betterment of projects, including any properties, real •
or personal, used or useful in connection with a revenue
•
producing enterprise engaged in any business; and has
authorized municipalities to enter into "revenue
agreements", as defined in the Act, with any person, firm,
or public or private corporation or federal or state
governmental subdivision or agency (the Contracting Party)
providing for the payment by the Contracting Party of
amounts sufficient to provide for the prompt payment of
principal and interest on the revenue bonds.
1.02. It has been proposed that the City issue
its revenue bonds, pursuant to the authority of the Act,
in an amount not exceeding in the aggregate principal
-3-
amount $345,000, or such lesser amount as may be
necessary, to finance costs of acquisition of land within
the City and construction and equipping thereon of one or
more buildings (the Project) to be owned and operated by
Oldre Partnership, a Minnesota general partnership (the
Partnership) , and leased to Combined Financial Services,
Inc. and Combined Protective Services, Inc., Minnesota
corporations, for use as office facilities; and to make
the proceeds of such sale available to the Partnership.
The Partnership will agree to pay the City amounts
sufficient to pay promptly the principal of and interest
on the revenue bonds, and will agree to cause the Project
to be completed. The Project is presently estimated to
cost approximately $348,000.
1.03. The City has been advised that
conventional, commercial financing to pay the capital cost
of the Project is available only on a limited basis and at
such high costs of borrowing that the scope of the Project
or the economic feasibility of operating the Project would •
be significantly reduced, but that with the aid of
municipal financing, and its resulting low borrowing •
costs, the Project can be constructed as designed and its
operation is economically more feasible.
{ Section 2. Public Hearing.
2.01. As required by Section 474.01, Subdivision
7b, of the Act, this Council, pursuant to a motion passed
on October 7, 1980, called and held a public hearing on
the proposal to undertake and finance the Project. Notice
of the time and place of the hearing, and stating the
general nature of the Project and an estimate of the
principal amount of bonds to be issued to finance the
Project, was published at least once not less than fifteen
days nor more than thirty days prior to the date fixed for
the hearing, in the official newspaper of the City and a
newspaper of general circulation of the City. A draft
copy of the proposed application to the Minnesota •
Commissioner of Securities, together with all attachments
and exhibits thereto, was available for public inspection
following the publication of such notice at the place and
times set forth in the notice.
2.02. All parties who appeared at the public
hearing were given an opportunity to express their views
with respect to the proposal to undertake and finance the
Project. Tnis Council has heard and considered the views •
expressed at the public hearing and the information
( submitted to the City by the Partnership.
-4-
acy(01
Section 3. Approvals and Authorizations.
3.01. On the basis of information given the City
to date, and the views expressed at the public hearing, it
is found and determined that the Project furthers the
purposes stated in Section 474.01 of the Act, and that it
would be in the best interest of the City to issue its
industrial development revenue bonds under the provisions
of the Act to finance costs of the Project in an amount
not to exceed $345,000 (the Bonds).
•
3.02. The Project is hereby given preliminary
approval by the City and the issuance of the Bonds for
such purpose approved. The Bonds shall not be issued
until the Project has been approved by the Commissioner of
Securities, as provided by the Act, and until the City and
the Partnership have agreed upon the details of the Bonds
and provisions for their payment.
3.03. If the Bonds are issued and sold, the City
will enter into a lease, mortgage, direct or installment
sale contract, loan agreement, take or pay or similar
agreement, secured or unsecured, satisfying the
requirements of the Act (the Revenue Agreement) with the
Partnership. The amounts payable by the Partnership to
the City under the Revenue Agreement will be sufficient to •
pay the principal, interest and redemption premium, if
any, on the Bonds as and when the same shall become due •
and payable.
3.04. The Partnership has agreed to pay directly
or through the City any and all costs incurred by the City
in connection with the Project whether or not the Project
is approved by the Commissioner of Securities; whether or
not the Project is carried to completion; and whether or
not the Bonds or Revenue Agreement and all other operative
instruments are executed.
3.05. The adoption of this resolution does not
constitute a guarantee or a firm commitment that the City
will issue the Bonds as requested by the Partnership. The
City retains the right in its sole discretion to withdraw
from participation and accordingly not issue the Bonds •
should the City at any time prior to the issuance thereof
determine that it is in the best interest of the City not
to issue the Bonds or should the City, Partnership and any
other parties to the transaction be unable to reach
agreement as to the terms and conditions of any of the •
documents required for the transaction. •
-5-
3.06. In accordance with the Act, the Mayor and
City Clerk are hereby authorized and directed to submit
the proposal for the Project to the Minnesota Commissioner
of Securities for her approval of the Project. The Mayor,
City Clerk, City Attorney and other officers, employees
and agents of the City, in conjunction with Dorsey,
Windhorst, Hannaford, Whitney & Halladay, Bond Counsel to
the City, are hereby authorized to provide the
Commissioner with any preliminary information she may need
for this purpose, and the City Attorney is authorized to
initiate and assist in the preparation of such documents
as may be appropriate to the Project.
3.07. The City will cause the Partnership to
comply with all of the provisions of the Act, including
Section 474.01, Subdivision 8, thereof, in the issuance of
the Bonds and the financing of the Project.
3.08. All commitments of the City expressed
herein are subject to the condition that within twelve
months of the date of adoption of this Resolution the City
and the Partnership shall have agreed to mutually
acceptable terms and conditions of the Revenue Agreement,
the Bonds and of the other instruments and proceedings
relating to the Bonds and their issuance and sale. If the
events set forth herein do not take place within the time
set forth above, or any extension thereof, and the Bonds
are not sold within such time, this Resolution shall
expire and be of no further effect.
Section 4. Special Obligations.
In all events, it is understood, however, that
the Bonds shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the
City except the Project, if it becomes the property of the
City, and from the revenues received from the Project and
property pledged to the payment thereof, and shall not
constitute a debt of the City. •
Section 5. Effective Date.
This resolution shall be effective immediately
upon its final adoption.
PASSED AND FINALLY ADOPTED by the City Council of
the City of Eden Prairie, this 4th day of November, 1980.
•
•
-6-
ca,y6
EDEN PRAIRIE COl1MUP''PY CHURCH
•
SUBMISSION REQUIREMENTS
B. Specific Plan Requirements
1. Ownership: The five acre parcel was purchased from _•
James Lorence by Eden Prairie Community Church. it was
purchased on a contract for deed with the final payment
due in three years.
2. Developer: Eden Prairie Community Church is the sole
owner and will be the party involved in the development
of the property.
3. Fiscal, Economic: We expect the bulk of the money
needed for development to come from the congregation
itself. However, we may also seek conventional financing C
as a supplement, if necessary.
4. Development Method: The tract will be developed in stages
as the needs of the congregation dictates. The entire
site will be used for church or related uses such as
educational or day care facilities.
5. Boundaries: The site is essentially three sided with
the west boundary being the existing Chicago-Milwaukee
railroad, the south boundary being the proposed Valley
View Road, and the east boundary being the new Eden
{ Prairie High School.
6. Project Area and Ownerships: The ownership of the adjacent land
is very straight-forward. All of the land east of the
property is owned by Eden Prairie School District and is
presently being developed as the new High School. The
remaining land on the south and west are owned by James
Lorence and are presently agricultural.
•
7. Regional Relationships: The church will have little
impact regionally as it essentially serves a local con-
gregation. Likewise the church will be impact minimally
by regional factors in the adjacent areas.
8. Exisitinq Land Use: Presently the site as well as much
•
of the surrounding is agriculture, although it is giving
way to residential development. The high school, community
center,. and Round Lake Park being institutional and
community oriented shouldcompliment and be complimented
by the proposed church use of this site.
9. Existing Transnor.t.ation Systems: This was one of the
factors which led to our selection of this site. The
proposed Valley View Road will offer excellent access
/ from both cast and west, and its connection to Co. Rd. 4
on the cast and Hwy. 101 on the west makes north/south
access very favorable also. This network allows for
easy entry and dispersal with virtually no impact of
residential areas. q
)
The existance of a good pedestrian network, in association
with the new high school and park, likewise provides
an added incentive for walking or biking for our members
who live close enough for this alternative.
10. Existing Zoning: Presently the site is zoned Rural.
11. Guideplan. Framework: The guide plan designates this
area as Public and Residential. The church use should
fit well into this framework. Valley View acts as a
natural break between the institutional uses such as the
High School and our Church on the north side and the
residential which will probably occur. on the south side.
This likewise facilitates traffic flow and should
eliminate all but local traffic through the residential
areas.
12. Critical Public Decisions: The only public decision
presently needed is rezoning. The proposed extension of
Valley View with the accompanying utilities are scheduled
for next year (1981) and should that schedule hold true
this would provide our other needs.
13. General Project Information: Our congregation is a little
over six years old and has met in Eden Prairie since its
inception. We first met in a members home, then in the
Preserve Community Center and as God provided the growth
we were forced to move to the larger auditorium at the
south campus Vo-Tech Center where we are presently-meeting.
We look forward having land and a building of our own
and becoming a more visible and permanent part of the
community fabric. This land is a real answer to many
prayers and we look forward to growing with and serving
Eden Prairie both now and Lord willing for many years to
come.
•
2/100
•
Minutes - Parks, Recreation & unapproved October 20, 1980
Natural Resources Commission -3-
All members present.
•
b. Eden Prairie Community Church
William Bonner was present as pastor of Eden Prairie Community
Church. He reviewed the location of the approximately 5 acre
site being went of the new high school and north of Valley View Rd.
Bonner explained that the main sanctuary portion of the building
will be a multi-purpose facility utilizing passive solar energy
and possibly earth shelter in construction working into the •
approximately 20' grade level change in the site.
•
Tangen commented that the parking lot expanse should be broken up
more with trees and various landscaping techniques. Bonner said
he is in agreement with this comment and the plan thus far only
shows very preliminary design of the parking area as the developer
wants to observe the drainage flow in this area through the coming
•
winter and spring.
Lambert said he also feels it is very important to break up the
parking lot with trees, etc. Lambert also mentioned that this
site is within the Shoreline Management Ordinance of Round Lake,
so if over 30''� of the site is impervious surface a variance is
necessary. Lambert suggested that Bonner obtain the exact per-
centage of impervious surface before this proposal goes to the •
Council.
Tangen asked if churches are required to pay the Cash Park Fee.
Lambert said yes.
MOTION: Tangen moved to recommend approval of the Eden Prairie
Community Church per Staff recommendations. Johnson seconded the
motion and it carried unanimously.
l
z7UI
approved
Planning Commission Minutes October 14, 1980
MEMBERS ABSENT: William Bearman, Hakon Torjesen
• ( D. EDEN PRAIRIE COMMUNITY CHURCH. Request to rezone 5 acres from.
Rural to Public for construction of a church. Located West
of the new High School. A public meeting.
The Planner introduced Bill Bonner, Pastor of the Eden Prairie Community Church.
Bonner reviewed the location, access, parking spaces, and elevation of the church.
The Planner reviewed the staff report of October 9, 1980 and stated that he felt
that the Engineering Department and Watershed District should review the plan
prior to construction.
Sutliff was concerned with the cul-de-sac coming from Duck Lake Vista. The
Planner stated that the cul-de-sac referred to does not border on this prop-
erty.
Levitt asked how big the community room would be and how large the balance of
the building would be. Bonner replied that the community room would be 5000+
sq. ft. and the balance would be 10,000 sq. ft.
l Bonner stated that he has talked with the school board and stated that they
can use the parking lot for overflow, in a reciprocal informal arrangement.
Levitt asked if there were any plans for the open land. Bonner replied possibly
a day-care center.
Retterath commended Bonner with his use of a solar system in the building and
asked what the maximum number of parking spaces there would be. Bonner replied
124.
Retterath asked if there was any response from the school board as to the parking.
Bonner replied that they seem to.be in favor of the sharing for overflow.
Motion
Gartner moved to recommend to the City Council approval of the Eden Prairie
Community Church rezoning of 5 acres to Public as per the 10/14/80 plans and
the 10/9/80 staff report. Bentley seconded, motion carried 5-0.
c
( it: Parks, Recreation and Natural Resources Commission
FROM: Bob Lambert, Director of Community Services
DATE: October 17, 1980
' SUBJECT: Development Proposal Check List
PROJECT: Eden Prairie Community Church •
PRorosENT: Eden Prairie Community Church
•
REQUEST: Rezoning from Rural to Public, 5 acres fnr development of a church
LOCATION; West of the new high school and north of Valley View Racal
'BACKGROUND: See Planting Staff Report Dated:
PART:AND RECREATION PLANNING CONCERNS
1. Type of development:
Church •
2. Numlier of units in residential development: N/A
3. Number of acres in the project: 5 acres
4. Special recreation space requirements: N/A
3. Adjacent to any existing or proposed parks:
Round Lake Park .
a. Affect on the park:
None c
6. Nerd for a mini park: No
7. Cash park fee or land dedication?Cash Park Fee applicable at time of.build.in� Permit
should be paid. •
_ a. If Cash park fee dedication, amount basedon existing ordinance will total: $7000
,
b. If park land dedication, the number of acres to be dedicated is N/A •1
• c. Existing or pending assessments or taxes on proposed park property total N/A
and will be paid prior to dedication.
B. Adjacent to existing or proposed trails: 5' concrete sidewalk adjacent to Valley View Road I.
Pedestrian
• a. Type of trails
b. Construction Material Concrete
c. Width of trail
5'
d. Party responsible for construction City
' q.. Landownership of trail location:(dedicated, purchased, ROW) Right-of-Way
. NATI M RESOURCE PRESERVATION CONCERNS •
1. Site grading plan considers natural amenities of the site? NO natural amenities. lills is a
a rlculturnl field.
2. Most significant cut and fill depths on the site are: No significant Cuts Or fill.
• . Z-03
N/A
3. Significant vegetation on the site includes:
4. The site grading plan indicates preservation of: N/A
S. Adjacent to public waters:No
a. Affect on waters: N/A
REPLRENct CHECK •
1. Major Center Area Study: N/A
2. Neighborhood Facilities Study: N/A
S. Purgatory Creek Study: N/A
4. Shorcland Management Ordinance:This area is within 1,000 feet of Round Lake and would
require a variance on the impervious surface coverage. Impervious surface coverage
with future parking and future addition would exceed the 30% maximum allowed by the
S. Floodplain Ordinance: Shcreland llanagrment Ordinanrr
Floodplain Ordinance: N/A
6. Guide Plan: See Planning Staff Report dated October 9, 1980.
•
7. Other: •
RLC06t4ENMTTONS •
1. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project:
2. planning Commission Recommendation: Planning Commission approved unanimously at the
October 14, 19S0 meeting.
S. Community Services Staff Recommendations: Staff recommends approval of tho prnjrrt as
per the October 9, 19S0 Planning Staff Report.
•
•
27bq
MEMO
TO: Planning Commission
FROM: . Chris Enger, Director of Planning
APPLICANT: Eden Prairie Community Church
FEE OWNER: James Lorence
REQUEST: Rezoning from Rural to PUBLIC 5 acres for Development of
a Church.
LOCA1ION: West of the new High School, north of new Valley View Road.
EXISTING
ZONING: Rural
COMPREHENSIVE
GUIDE PLAN: The site is designated as low density residential,
DATE: October 9, 1980
Land Use: Both the existing Guide Plan and the 1968 Guide Plan contemplated
locating churches in "neighborhood village centers", This concept was to en-
courage clustering of uses which served a sector of the City. The Round Lake
area is an ideal example of this, The High School, future Junior High School,
Prairie View Elementary School, Prairie View Park, Round Lake Community Park,
the future Community Center, a fire substation, Hennepin County Branch Library,
the Little Red Store, Immanuel Lutheran Church, Prairie Village Mall, Medical
services; are all connected by a trail system and are for the most part con-
tiguous and part of a community service center.
The site picked by Eden Prairie Community Church for a new building would
also be a part of this area. It is ideally buffered on the South and West
by Valley View Road (under construction), the railroad on the North and
the new High School on the East.
New Valley View Road will very adequately serve the traffic needs of this use,
as well as providing storm sewer, sanitary sewer and water,
RECOMMENflATIONS:
Approval of the request for rezoning from Rural to PUBLIC for 5 acres subject
to the plan submitted and the following:
Landscaping: A more detailed look should be taken of the parking lot and its
relationship to Valley View Road, The new road will rise 18 feet higher than
the proposed Lurking lot at its west end, in order to cross the railroad tracks.
The church should provide a plan which screens its parking from Valley View Road.
Transportation: The access proposed to Valley View Road must be approved by the
City Engineering Department.
Pedestrian access will be provided by the sidewalk to he constructed within the
Valley View Road R.O.W.
,.4ICJS
Memo-Eden Prairie Community Church -2- October 9, 1980
Utilities: No schematic utility plans were submitted. These must be submitted
to the City Engineering Department for review and approval.
Parkin: 124 parking spaces are provided. The largest assembly room is 5300
square feet. 1 parking space/3 seats must be provided.
Watershed District review and approval.
CE:ss
•
. November 4, 1980
STATE OF MINNESOTA
Ct OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The followin,g_accounts were audited and allowed as follows:
3632 VOID OUT CHECK $ (3,087.00; '.-.
3714 MINNESOTA STATE TREASURER Permit application 15.00
3715 PHYSICIANS HEALTH PLAN Insurance 6,383.86
3716 WESTERN LIFE INSURANCE Insurance 405.50
3717 HMO SERVICES Insurance 122.30
3718 HMO SERVICES Insurance 1,305.68
3719 BLUE CROSS INSURANCE Insurance 587.43
3720 GROUP HEALTH PLAN Insurance 918.78
3721 INTERCONTINENTAL PCKG CO. Wine 314.75
3722 OLD PEORIA COMPANY, INC. Wine 2,271.18
3723 GRIGGS, COOPER & CO., INC. Liquor 1,337.85
3724 TWIN CITY WINE CO. Wine 384.74 `
3725 ED. PHILLIPS & SONS CO. Wine 1,558.52 .'
3726 JOHNSON BROTHERS WHOLESALE LIQUOR Liquor 602.06
3727 BUTCH'S BAR SUPPLY Liquor supplies 22.80 `.
3728 PAUSTIS & SONS - Wine 346.75
3729 HENNEPIN COUNTY CHIEFS OF POLICE Conference-Police deot 60.00
3730 UNIVERSITY OF MINNESOTA Registration fee-Police dept 60.00 "
3731 BROWN & CRIS Staring Lake & Flying Cloud Improvements 1,350.66
3 '2 LUTZ TREE SERVICE INC. Tree removal-Community Service 2,693.03'`,
31 i JARIP CORP Refund-Engineering dept 200.00 '^
3734 THOMPSON PLUMBING Service-Tap sewer main 560.00.
3735 CITY OF EDINA Deposited Ediv's utility payment 37.29
3736 CITY OF GOLDEN VALLEY Motor vehicle r--_ istration 5.03 .;
3737 MINNESOTA DEPARTMENT OF PUBLIC Motor vehicle registration 15.00
3738 ENVIRONMENTAL L & T Sod-Park Dept 4,000.00 }
3739 CITY OF EDEN PRAIRIE Special assessments-Outlot D Hidden Ponds 8,674.95
3740 COMMISSIONER OF REVENUE September sales & use tax 2,637.05 '.
3741 HOPKINS POSTMASTER Postage 244.25
3742 JOHNSON BROTHERS WHOLESALE Liquor 1,461.47
3743 MINNESOTA DISTILLERS, INC. Liquor 1,392.53
3744 TWIN CITY WINE CO. Wine 64.77
3745 BU1CH'S BAR SUPPLY Liquor supplies 161.10 }'
3746 GRIGGS, COOPER & CO., INC. Liquor 1,121.36
3747 PAUSTIS & SONS Wine 143.70
3748 INTERCONTINENTAL PACKAGING CO. Wine 850.73.
3749 MIDWEST WINE CO. Wine 788.2E
3750 ED. PHILLIPS & SDNS CO. Liquor 1,475.22
3751 HOPKINS PDSTMASTER Postage 175.92
3752 SOUTH ST. PAUL FEED Posts-Park dept 479.24
3753 STANDARD Fuel 8,460.76
3754 STATE OF MINNESOTA Books-Police dept 64.00>
3755 FEDERAL RESERVE BANK Payroll 12,453.01;'
3756 COMMISSIONER OF REVENUE Payroll 9,150.78
7 DEPARTMENT OF PERSONNEL Payroll-Social Security 12,549.60
,,8 AETNA LIFE INSURANCE Payroll 1,038.03,
3759 UNITED WAY OF MINNEAPOLIS Payroll 29.505
3760 SUBURBAN NATIONAL BANK Payroll 150.01
3761 INTERNATICNAL UNION OF OPERATING Payroll 276.0:.
3762 P E R A Payroll 9,317.1F,,-.
a-lo7
Page two •
November 4, 1980
3763 ACRO-MINNESOTA, INC. Office supplies 235.08 ;�
3764 ADVANCE AMBULANCE & EQUIP Repair oxygen equipment 8.50
3765 EARL F. ANDERSEN & ASSOC. Signs 496.45
3766 TARYN ANDERSON Refund-Rec dept 13.00
3767 ASTLEFORD EQUIPMENT CO., INC. Equipment parts .80
3768 BLACK & VEATCH Service-Water treatment Plant addition 43,961.30
3769 BRAUN ENGINEERING TESTING Service-Valley View Road, Round Lake Park, 556.25
•
Village Wood Estates
3770 BROWN PHOTO Film-Water dept 212.50
3771 MARY BETH BUCKMAN October/November Happenings 301.00
3772 CARGILL SALT DIVISION Deicing salt-Street dept 4,854.44
3773 CAROLYN CASSOLA Guitar Instructor 1,029.50
3774 CHAPIN PUBLISHING COMPANY Legal ads 500.78
3775 CDHMUNITY DANCE CENTER Aerobic dance-Rec dept 1,392.00
3776 COMPUTER ELECTION SYSTEMS, INC. Election equipment 1,900.00
3777 JOHN CONLEY Equipment repair-Police dept 20.28
3778 CONSOLIDATED ELECTRIC CO. Light fixtures-Sewer dept 23.08
. 3779 GARY A. COON M.D. Conference-Fire dept 50.00 ".
3780 COPY EQUIPMENT, INC. Equipment rental-Park dept 47.60
3781 CURLE PRINTING COMPANY, INC. Business cards-Community Service 34.00
3782 CURTIN MATHESON SCIENTIFIC, INC. Lab supplies-Water dept 46.25
3783 OECATUR ELECTRONICS, INC. Repair radar-Police dept 43.43
3784 DORHOLT PRINTING & STATIONERY INC. Office supplies 331.33
37 C DOWN TO EARTH Transplant trees-Community Service 345.00 ,
31, EDEN PRAIRIE CHAMBER OF COMMERCE Dues 96.50
3787 ' ELECTRIC SERVICE CO. Repair control panel-Water dept 2,945.28
3788 FEED-RITE CONTORLS, INC. Sulfate-Water dept
3789 FORD TANK & PAINTING Inspect exterior of Baker Road Reservior 1,250.00
150.00
3790 JOHN FRANE Expenses .
3791 GENERAL COMMUNICATIONS, INC. Equipment repair & parts 84.76
3792 GENERAL ELECTRIC COMPANY Radio project 71,101.80
3793 GENERAL ELECTRIC SUPPLY CO Electrical supplies-Sewer dept 73.07
3794 GENERAL OFFICE PRODUCTS COMPANY Office supplies 20.83 '.
3795 DANA GIBBS Packet deliveries 124.00
3796 GOPHER SIGN CO. Valve & air release manhole signing 348.39 's
3797 GRAHAM PAPER Xerox paper 565.95
•
3798 GUNNAR ELECTRIC COMPANY INC. Service-Round Lake 27.00
3799 MARNIE HENDERSON Refund-Rec dept 10.80
3800 HENNEPIN COUNTY FINANCE DEPT Board of Prisoners 666.00
3801 COUNTY OF HENNEPIN Radio project 90.55
3802 HENNEPIN TECHNICAL CENTERS Tuition for EMT-Fire dept 152.00
3803 IMPERIAL, INC. Drill-Water dept 7.57
3804 INTERNATIONAL CITY MANAGEMENT Dues 270.00
3805 INTERNATIDNAL HARVESTER CO. Trucks-Street dept 71,370.00
3806 PHYLLIS KAMINSKI Refund-Rec dept 13.00
3807 KAPAK CORPORATION Evidence hags-Police dept 51.00
3808 KARULF HARDWARE, INC. Sept Inv. hinges, paint-Park dept 19.93
3809 ROBERT A. LAMBERT Expenses 105.75 i
t
'O LANG, PAULY & GREGERSON, LTD Legal service 8,227.42R
i LENZEN CONSTRUCTION Porch windows 1,377.99 I
3312 ROBERT N. MARTZ Expenses 109.10:
3813 JIM MCGURIE Football official-Rec dept 350.OGI
3314 MEDICAl. OXYGEN & EQUIP. CO. Oxygen-Fire dept 23.4`r1°
3815 METRO IONE CONNUNICATIONS, INC. Service 59.e
3 16 METROPOL[IAN FIRE EQUIPMENT CO. Oxygen cylinders-Fire dept 11.H
27(.>l4.
•
Page three
Pfp -tuber 4, 1980
3817 MIKE'S EDEN PRAIRIE FLORAL Flowers 31.20
3818 MINNESOTA ENV. HEALTH ASSOC. Dues-Building dept 30.00
3819 VOID OUT CHECK
3820 M-V GAS COMPANY Fuel-Senior Citizens Building 78.00
3821 MINNESOTA GAS COMPANY Service 413.24
3822 MARY MOLOSKY Refund-Rec dept 13.00
3823 MUNICIPAL & PRIVATE SERVICES, INC. Service 1,228.15
3824 JENNIFER NELSON Refund-Rec dept 13.00
3825 NORTHERN STATES POWER Service 6.37
3826 NORTHERN STATES POWER COMPANY Service 2,247.90
3827 NORTHWESTERN BELL Service 272.02
3828 THOMAS O'BRIEN Expenses-Assessing dept 7.25
3829 STEVE 14. OLSTAD Mileage 13.45
3830 OSWALD FIRE HOSE Clamps-Fire dept - 90.00
3831 JOEY PEDRIC Refund-Rec dept 13.00
3832 PRAIRIE LAWN & GARDEN Repair & parts-Water dept 19.60
3833 PSYCHOLOGICAL CORPORATION Tests-Police dept 128.91
3834 MRS. ALEC RUTH Supplies-Park dept 109.25 .
3835 ST. PAUL DOG TRAINING Expenses-Community services 20D.00
3836 ST. PAUL POLICE PISTOL CLUB, INC. Ammunition-Police dept 4D.00
3837 JIM SALENTINE Touch football aide-Rec dept 106.50
3838 SATELLITE INDUSTRIES, INC. Portable restroorr,-Park dept 501.66
3839 SEELYE PLASTICS, INC. Couplings, nipple -Water dept 4.92 ,.
3 _1 SHEET METAL INDUSTRY FUND OF MINN Manuals-Building dept 21.60
36-,i SOIL TESTING SERVICES OF MINN Service-Water treatment plant 3,871.75
3842 SOLIDIFICATION, INC. Equipment repair & parts 293.50.:
3843 SOUTHWEST SUBURBAN ADVERTISER Ads-Park dept 4.55 .'
3844 KRISTEN STALOWICZ Refund-Rec dept 13.00
3845 STATE TREASURER 3rd quarter 80 building permit fee 7,786.51
3846 DON STREICHER GUNS, INC. Breathalyzer kit-Police dept 63.50
3847 SUBTERRANEAN ENGINEERING INC. Service-Cardinal Creek, Holly Street & 2D7,56
Baker Road
3848 STEVE SULLIVAN Mileage 14.D6
3849 LORNA THOMAS Expenses-Assessing dept 8.50
3850 DAPHNE THOMPSON Refund-Rec dept 13.00
3851 TIERNEY BROTHERS, INC. Supplies-Planning & Park dept 120.95
3852 CARRIE TIETZ Minutes-Park & Recreation & Natural Resource 44.00
Commission
3853 TOWNS EDGE FORD, INC. Equipment repair & parts 23.80
3854 BOB TYSON Expenses 21.00
3855 ROGER ULSTAD Expenses 100.00
3856 UNIFORMS UNLIMITED Uniforms-Police dept 34.90 :'`
3857 UNITED LABORATORIES Supplies-Fire & public works bldg 170.04 _.
3858 UNIVERSITY DF MINNESOTA Registration fee-Planning dept 70.00
3859 VALLEY EQUIPMENT CO. Rails, filters-Street dept 38.40 `.
3860 WATER PRODUCTS COMPANY Hydrant repairs, valve box sections 337.10
3861 SANDY WERTS Mileage 7.51
3862 XEROX CORPORATION Service 931.70
3C I ENVIRONMENTAL LAWN & TURF INC Sod-Park dept 4,415.00
TOTAL $336,658,25
a309
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MEMORANDUM
TO: Mayor and City Council
THRU: Roger K. Ulstad, City Manager
FROM: Bob Lambert, Director of Community Services yam"
DATE: October 30, 1980
SUBJECT: Park Use Ordinance
The City Council discussed the Park Use Ordinance at the October 21
meeting. At that meeting, the Mayor directed all Council members to
provide comments and suggested changes to Lambe:•t during the next week;
and then directed staff to bring the ordinance back to the Council
for a first reading.
The only change suggested by the Council to staff was under Section
6. Firearms. To add at the end of the sentence the following: device,
except in areas designated by the Director.
fi Apparently, there were several pages of the ordinance that were cut off
at the bottom in the Council packet; therefore, staff has provided another copy
of this ordinance for the November 4 meeting.
At the October 21 meeting there were several comments suggesting that
the ordinance might be too prohibitive. The ordinance is written to
• insure the safety and enjoyment of all people using the public parks
in the City of Eden Prairie and is designed to help control the problems
that presently exist.
The Parks, Recreation and Natural Resouces Commission reviewed this
ordinance at their October 20 meeting and unanimously recommended approval. •
BL:md
•
•
•
•
• •
•
.J II::i':::PIN (MONT', };11C:F:i!r1'Is
ORDIt:ItII.L NO. 080_27
AN ORDINNJCE GOVERNING PARKS
UNDER 'DIE JURISDICTION OF
TiL5 CITY OF bliEN PRAIRIE
•
Section 1. PurIose. The purpose of this ordinance is to secure the quiet
acid-iird3erly use and enjoyment of the public parks of the City
of Eden Prairie.
Section 2. Definition. For the purposes of this ordinance, the following
•
terms shall have the following meanings:
(a) Ei ycle'leans every device propelled solely by hunen poser
upon which any parson may ride, having two tLnden wheels,
•
• except scooters and similar devices and including any device
generally recognized as a bicycle though equipped with two
• front or rear wheels;
(b) City mreans the City of Eden Prairie;
• (c) Director means the person holding the position of Director
• rCUmwiity Services of the City;
(d) rmireational Motor Vehiclev moans a snoanobile, mini-bike,
• go-cart, and all terrain ehicles; •
/
a (c) Motor Vehicle means every vehicle which is self-propelled.
Motor vrhiccle does not include a vehicle'roved solely by
human 'riser;
(f) Park means any open or enclosed land and in>provements or •
facility wherever located which is owned, leased, Operated,
or controlled by the City, and which is reserved, designated
or used for a playground, picnic area, beach, trail or other
recreational facility, including, but not limited to:
(i) Playgrounds, playing fields, picnic areas, beaches,
trails, or other recreation area;
•
(ii) haters surrounded by parks, and waters adjacent to
beaches which are delineated as ,winnmi.ng areas by
placement of corker buoys;
(iii) Concession stands, shelters, buildings and structures;
(iv) Parking lots, streets or roadways on, within, or
•
• over a'iark;
(a) Park PrOjertZ mans exluilm^nt, fixtures or personal property _
situated on or Mx-mt. any pork acne by the City for use in
annnccl.ion with or operation of any ix-irk;
(h) per sot means .my natural }rr son, part nes ship, assea=iati on, •
cr':jK/I at ion, or other cm anirat.i on; m,. •
{ (i) Pet r,stpri airy ,biestio,trd :rnrhll nninvml including bat not
limili'd toitn;:i, cat and b.ir,ls, k,•pt: by a t:orson for
ple,e:ure ur utility;
.2 //2
•
(J) ko.riw;y or St not heir that port.ion of a way or l;atir Inc;r<wid
( and ch•!.11 cind ed for vehicular traffic, exclusive of the side-
walk or shoulder;
(k) Vehicle means every device in, u;oon or by which any parson
Or property is or say be transported or drawn ripen a high•.vay,
except. devices used exclusively upon stationary rails or
tracks;
(1) watercraft. moans any contrivance used or designed for
navigiiti.oa on water.
Section 3. flours of Operation. Parks shall be operated Fran 6 a.m. to 10 p.m.
each day and shall Ix: closed iron 30 p.m. to 6 a.rn. each day, or as posted.
Section 4. General Conduct. It shall In_ unlawful for any person in a park to:
(a) Ro-rovo break, damage or destroy any park or park property;
(b) rump, discard or deposit trash, garbage, litter, refuse or
containers, except in designated garbage, trash or litter
containers;
(c) Erect, bring into or maintain any building, tent, or other
structure of whatever kind, whether permanent manesnt or temporary
in character, except as authorized by permit;
(d) Post signs, arrnouncerrents, or other written or printed material,
or play, use or operate any loudspeaker or sound amplifier or
radio or phonalraph with a loudspeaker or sound amplifier or any
instrument of any kind or character which emits therefran loud
and raucous noises which unreasonably asioys or disturbs others,
except as authorized by permit;
(e) Sell or offer for sale any article or thing whatsoever, except
refreslnents or other articles by the City, its agents, its
duly licensed concessionaires, or persons selling under its
direction, or as otherwise authorizes] by permit;
(f) Conduct public meetings, arssnihlies, marriages, worship
services, cntortainnent, p.rrades, carnivals, or dcnorastrations,
except as authorized by iermit;
(g) Swim in waters, use or occupy a beach or other play areas-of
any park at any time such park is closed or during such time
as such beach or play area is closed pursuant to notice postal
by the Di rector;
(h) Take or deposit cans, bottles, glass, nails, tacks, wires,
or other sharp or daurgeraus substances, materials or refuse
into or on leach auras;
((i) Practice or engage in golf or golfing, except in areas desig-
nated by the Director.]
Seetinn 5. Fires. It !:hall be unlawful for any person in a park to:
(a) St:u-t or permit a fire to burn, except ill areas desiincd for
such lnnryose. ❑rid then only ill fire ring;, fire wort:,
rorlei to stoves, or grills:. Any pet i.ort who starts or permits
a tiro to Lunn a's ,ruthoeired in this section shill extinguish
it rruyplcloly ',:foie leaving the park and sti.d1 dispose or
.27i5
•
•
( •
•
•
•
the residue or refuse therefran in a trash container.
Snaking of cigarettes, cigars or pipes shall not oonstitote
a fire as that tens is used herein;
•
(b) Drop or. throw burning glitches, cigarettes, cigars, tobacco,
paper, or other fla:n:wrble nceterial. •
Section 6. Firearms. •
(a) It shall be unlawful for any rerson, except peace officers
while executing their lawful duties, to possess or discharge
in or into a park, any firearm, air rifle, b.b. gun, sling
shot, bow and arrow, or explosive device,arccpt w.eeiowirl
a„a.rc. in arrx
o(ti r jnn(r,l (.y 'ii,. D,,er4s,•
Section 7. Protection of Natural Resources. It shall be unlawful for any
person is a park to:
(a) Rcarove, alter, injure or destroy any tree, plant, rock,
soil, or mineral;
(b) Kill, trap, pursue, catch or reyrove any wildlife, except
as may be permitted in areas designated by the Director;
t-
(c) Introduce any plant, chemical or other agent into a park,
except as authorized by permit.
Section 8. Pets in Parks. It shall be unlawful for any person in a park to:
(a) Permit a pet to enter or go upon beadles, buildings, structures,
skating rinks or cross wwtry ski trails; •
•
(b) Bring or introduce a pet into a park, except in such areas
• as may be designated by the Director for training, unless
• caged or kept on a leash not more than 8 feet in length;
(c) Leave a tethered pet unattended.
•
Section 9. Vehicles. It shall be. unlawful for airy person within a park to: -
• (a) Operate a vehicle in violation of Minnesota Statutes Chapter
•
169, as incorporated in Ordinance Number 257;
(b) Operate any vehicle,except on streets, roadways or parking
areas, subject, however to Sutdivisiiii (c);
(c) Operate any rmwat.iona] motor vohiclr,except. at such tines •
and in those areas clesignatid by the Director;
(d) Op rate a vehicle at a speed in execs of 20 miles per 110ur
•
or past icl sp a3 l irni Is;
(e) Park or leave a vehicle :ta'unrting in ath..,r than an established
• or designatn3 parkirr] ;urn, or vinlato pntcd dire t.inns or
•
insiructic.,re; of •any roil attr font. at a designated pacrkirx3
area;
•
•
2'i q
•
•
(f) Leave or bring a vehicle on or into a park after closing
hours, except as authorized by permit;
(g) Wash, polish, grease, change oil or perform other maintenance
on any vehicle, except in an ororgency;
(h) Leave or permit a bicycle awned or in the custody of such
person lying on the pavement of a bikeway or roadway.
•
Section 10. Boating. It shall be unlawful for any person within a park to:
(a) Land any watercraft or launch upon any waters, except at
posted launch areas; launch, dock, operate, store or keep
.any boat of any kind, while the park is closed;
(b) Leave any watercraft unattended upon any waters, beach or
launch areas.
•
Section 11. Other Recreational Activities.
(a) Fishing. It shall be unlawful for any person in a park to:
(i) Fish on or frail a beach, in waters delineated as ,
swimming areas by placement of buoys or in waters /
within 100 feet thereof;
(ii) Clean or dispose of fish, except at facilities
expressly designated for such purposes;
(iii) Cut a hole in the ice of any park waters larger
than 12" in diameter, except as authorized by permit.
• (b) Icy: Skating. It is unlawful for any person in a park to:
(i.) Engage in any of the following acts within skating
rinks: racing, interfering with the general use of
• skating rinks, or using sleds, tobo:jgans, hockey sticks
•
or pucks. This section shall not be construed to
prohibit the use of hockey sticks and pucks upon rinks •
constructed, or designated by the Director, for use as
hockey rinks;.
• (ii) Sroke, loiter, or consure alcoholic beverages in
any warming house in any park.
•
(c) Horses. •It is unlawful for any poison within a park to:
(i) Ride a horse in a reckless =ruler so as to create
• a nuisance or to endanger the safety or property of
any other person;
(ii) Tether a horse to park property; •
•
• (iii) Ride or permit a horse on a public beach;
(iv) Leave a horse unattended or allow a horse to graze; or
((v) 7b bring into, ride or remit a horse, except on or in any
street. trail or other area designate by the Director.)
.c �!J •
•
Section 12. 1)se of intoxicatin g a beverages. It shall be unlawful for nov
• r s w a r....__..-..._
person Within a park to r•crve, possess, or opnsre,r any alcoholic
beverage in treats prohibited by the Director, notice of which is
posted in such areas.
Section 13. Aircraft and other flying apparatus. It shall be unlawful for any
person within a park to t.rkeoff, launch or land in a park any
aircraft, balloons capable of carrying a person, parachutes, helicopter,
hang gliders, or other flying apparatus, except as authorized by permit.
Section 14. Permits.
(a) Wherever in this ordinance provision is made for autho>ization
of an activity by permit, the granting and issuance of such
permit shall be by the Director;
(b) A person seeking issuance of a permit shall file an application
with the Director. The application shall state:
(i) Nape and address of the applicant;
(ii) Nane and address of the person sponsoring the activity
if any;
(iii) The activity for which applicant seeks a permit and any
suggested reasons for the issuance of the same:;
(iv) The days and hours a permit is desired;
(v) The park or portions thereof for which such a permit is'
•
desired;
(vi) An estimate of the anticipated attendance, if applicable;
(vii) Any other information which the director shall find •
• reasonably necessary for a determination as to whether
a permit should be issued.
(c) The Director shall issue a permit when he determines that:
(i) The proposed activity or use of the park will not
interfere with or detract fran the general public enjoyment
of the park; and •
(ii) That the prrpvsed activity or use will not interfere
with or detract: frail the proeotion of public health,
welfare, safety, and recreation; and
(iii) That the proposed activity or use will not lead to
Violence, critic., or disorderly conduct; and
•
(iv) That the proposed activity will not entail unusual,
extraordinary, or burdrneone expanse for police
protection by the City; and
2 )I1
•
•
•
(v) That any facilities desired have not lxxn resrevcd for
sane other use at the day aid hour sought by applicant.
Section 15. 1:]iforcrnent. My person who violates or fails to cusiply with any
provision of this ordinance shall Le guilty of a petty misdemeanor. •
Section 16. Severabi)ity. If any provision or provisions of this ordinance
art declicrnd unconstitutional by a calmctent mart, said decisions
shall not affect any other part or portion of this ordinance.
Section 17. Authority to establish n''es and regulations. The director shall
have authority f:ran time: to tint to 11"ti;e and establish rules and
regulations,either emergency or tenora y, concerning the use of
any park or parks or any part thereof. All such rules and regula-
tions shall be pasted in conspicuous places therein and such rules
and regulations thus posted shall have the sane enforcesrcnt effect
as though they were part of this ordinance.
•
•
•
•
•
2)11
k
•
i
f.
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Roger K. Ulstad, City Manager
FR011: Bob Lambert, Director of Community Service( t..
DATE: October 29, 1980
SUBJECT: Architects Report on the Community Center
At the October 7, 1980 meeting, the City Council took the following
action:
•
1. Authorize the increase in the capacity of the refrigeration
system to 135 tons. The purpose of this is to facilitate
the option of operating two rinks in all but the three
•
warmest months. Estimated cost of this increase in capacity
is approximately $19,000.
2. The City Council also requested the architect to obtain
(_ cost figures on the expansion of the building to include
a hockey team locker room with showers and toilet facilities,
and cost on construction of an outdoor hockey rink with
concrete floor and refrigeration system. This was to include
the lighting and boards and an 8' chain length security fence.
The intent of the extra outside rink would be to use it for skating for
approximatley 5 months of the year and for a multi-use court during the
remaining months including volleyball, basketball, etc.
As of this date, the architect has received cost estimates on the expansion
for the hockey team locker rooms of $49,420. The architect will have cost
estimates on the additional multi-use court/skating rink on Tuesday, November
4, 1980.
The hockey team locker room was a request by the Hockey Association. They L .
indicated that the School Board might also be interested in helping fund
this proposed addition. City staff feels that although this proposed
addition would not hinder the operation of the Community Center, it also
would not provide any benefit to programs operated by the City. The main
user of the facility would be the high school hockey team. Therefore, City
staff feels that unless this facility can be funded by the Hockey Association
or the School Board, the addition should not be constructed.
g Although, the cost estimates are not available as of this date, staff would
( project cost for the multi-use court/skating rink well in excess of $100,000.
Staff would not project a need for this facility for a minimum of five years
and probably closer to ten years. Although, it will be very helpful to have
the prepared drawings showing how the connection can be made and to help : :
with laua,cape plans, so that we do not prohibit future expansion. Stall does
not rcconlnend proceeding with this phase of the construction at this time.
.-I1 '
_2_
•
The Council may wish to consider forwarding this informatin to the
School Board to see if they are interested in funding either of these •
proposals.
Attached is a copy of the first field visit report from Smiley Glotter
Associates summarizing the activity of the Community Center site to date.
BL:md
Multi-Use Court/Ice Rink
Estimated Construction Costs: •
Rink (concrete slab, pipes, etc.) $234,785
Lighting 19,500,
- Fence 7,500
Total Cost $261,785
Hockey Team Locker Room
Estimated Construction Costs: •
General $32,000
Mechanical 14,980
deduct 4,394 lockers and benches
Electrical 2,440
Total Building Cost $49,420
•
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2')2 P-
DATE October 24, 1980
age
SMILEY
GLOTTE-R
PROJECT Eden Prairie Community Center ASSOCIATES
Archlecls En ncers Platinum
8002 1021 LaSalle Avenue
COMM NO '
Knneapo Motesola 55403
VG121 332 1401
REPORT ma 1
field visit report
o..olV.d 10/24/80 CM*: **Cloud, Wind) T 0....1 m 37 F
T.n..of hNI 11:30 AM Pun Snow Monday D$iI,M.ph Low •
PRESENT Roger Hendrickson, Magney Supt.; 3 men Park Excavating,
8 men concrete, etc.
1. Park Excavating has three pieces of equipment on site, excavating,
filling, etc.
2. Excavating in area of main entrance wall and col. area.
3. Filling and compacting along N.B. wall of Ice Arena.
4. Pouring concrete along S.E. wall of Ice Arena at Racquetball
Courts and footings between courts.
5. Concrete was poured along S.E. wall from North corner to Racquet-
ball courts on 10-23-80 until rain stopped pouring.
6. Contractor is anticipating pouring footing along N.E. wall on
Monday 10-27-80 weather permitting.
7. Contractor indicates he will provide concrete protection for
footings if weather becomes freezing.
8. Concrete block has been placed along S.E. wall ready to start
laying block foundation walls on Monday 10-27-80.
9. Protected area is being prepared for mixing mortar.
10. There is no water to site as yet for mixing mortar.
/ corns 10 ENCI.
///Hob Lambert
Dave frcl.lenthin
0/?T-71.41_,6L
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MEMORANDUM
{
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
T11RU: Roger K. Ulstad, City Manager
FROM: Bob Lambert, Director of Community Serviccr
DATE: October 31, 1930
SUBJECT: Round Lake Park Shelter
Attached is a memorandum to the City Council dated June 2, 1980. This describes
the program for the proposed Round Lake Park Shelter that was approved by the
City Council in June of 1930.
Also, attached is a sketch showing the approximate location of the proposed
shelter and the proposed extorior design.
On November 4, Gary Nyberg, Architect for Smiley Glotter Associates, will give
a presentation on the design of the facility and preliminary cost estimates.
When the Bond Referendum Committee discussed approximatley $150,000 for the
cost of this facility, there was no thought given to the design or architectural
style of the facility, but simply the size of the structure and the building use.
As soon as the architects looked at the site, they recommended that this facility
design be consistent with the pyramidal structure that is located on the north
side of the beach. They felt that a similar structure on the south side of the
beach would give that area of the park and both structures a balance. Staff felt
•
this made good sense and recommended the architects proceed with that type of
design recognizing that the cost would be higher than a typical rectangular block •
building with a hip roof. •
Preliminary cost estimates for this facility exceed $200,000. Mr. Nyberg will
have the cost estimate at the November 4 meeting. •
City staff feels that the design as proposed by the architect meets all of the
needs specified in the Round bake Park Shelter program. Staff has requested the
•
architect to determine if wood construction would be cheaper than the 16" block
proposed; also to give a breakdown on the costs of the facility, particularly the
sun shelter structure connected to the main building.
•
Staff felt the sun shelter was an important part of the facility because so much
of the group use of the old building was on the porch. Groups like to have access
to an enclosed building in case of wind or rain but for nice days most of the
activity would take place on the porch or under the sun shelter.
Although, a block building could be designed to meet the program needs in terms
of space for the budgeted amount, the building would not have the unique architectural
style as the building proposed, nor would it benefit the site plan of Round Lake
Park. The cost overrun could be funded either front cash park fees or possibly
from some of the other finks in the bond issue directed toward development of Round
lake Park, such as the approximate $500,000 for irrigation of the ballfielda.
I h q
-2-
However, before we accept a plan with that amount over the estimated cost,
staff would recommend the architect either look at alternative building
materials or a different design that would meet budget cost estimates.
Perhaps a different design could tie into the triangular shapes but with
less cost for the roof and unusable space.
BL:md
Round Lake Park Shelter
Estimated Construction Costs:
General $125,250
deduct 7,700 asphalt shingles •
deduct 1,200 epoxy walls in restrooms
Electrical 7,287.50
Plumbing (to 5' outside 12,342
building)
(add $30,000 to
bring water $ sewer from •
Luther Way)
Hearing and Venting 11,770
Roofing - Structural 31,488 large building
17,568 smaller building
2,976 connection
Total Building Construction $208,681.50
add water G sewer 30,000.00
connection $338.681.50
•
a5
MEMORANDUM ;
3
TO: Mayor and City Council i
THRU: Roger K. Ulstad City, Manager
t
FROM: Bob Lambert, Director of Community Services' i
i
DATE: June 2, 1980
SUBJECT: Round Lake Park Picnic Shelter/Warming }louse
One of the proposed improvements to Round Lake Park approved in the 1979 Bond
Referendum was a picnic shelter/warming house proposed to replace the existing 1
warming house and group shelter structure presently used for group picnics.
The proposed program for this facility describes the function and requirements
of the facility. The proposed location is depicted on the attached map.
FUNCTION
1
This building will be used for the following functions:
1. Warming House . ....;
( During December, January and February this facility will be used as a warning
house for the existing hockey rink, a possible future hockey rink, free skating
area and a possible future speed skating track. As a warming house, the facility
must provide an area large enough to handle a maximum of approximately 150
skaters at a time. The `1,—ring in this general open space area should be of a
cut proof rubber mtateri:.: :,at is easily maintained. Benches should be provided
around the walls of the facility. Other warming house benches can be installed 4,
during the winter months. The warming house should also provide restrooms and,
if possible, an office area and sound system that can provide music directed to
the skaters on the rink and also a microphone system for announcements to the
participants out of doors. (This facility would replace the existing warming house.)
2. Beach Shelter
This facility would also be used as a shelter for the adjacent beach and would
include an office area to provide security for storage of the beach equipment
such as kick boards, poles, etc. Also, Red Cross information records, etc. and
would double as a first aid station. A sound system would also be desirable for
use as a beach shelter. Again, the main purpose would he for announcements and
emergency use in clearing the beach etc. This sound system would be located in
the office/first aid room for security purposes. An exterior speaker would be
necessary. The facility would also provide a concession area with counter access
from both the interior and exterior of the building. The concession area should
provide a sink, refrigerator and sufficient storage area. This facility would
replace the existing small concession stand located at the beach. This facility
should also provide restrooms for beach use. •
• . 1
-2
3. Picnic Shelter
The existing large group use facility at Round Lake is in poor repair and should
be replaced. This facility would also be used for group reservation use on
' weekends. The existing facility is rented for group and family picnics nearly every
Saturday and Sunday from May through the middle of October. Some of these groups
aro as large as 400 people. The large groups require larg
open indoor space
• in case of bad weather, access to restrooms, p
4. Summer Playground Program
This facility would be used as a base for the Summer Teen Program. There should
be storage for recreational equipment such as table tennis tables , softballs,
volleyballs, basketballs, etc.
5. Athletic Association Storage
The Athletic Association presently uses a small room in the existing warming house
at Round Lake for storage of athletic uniforms and equipment for the various
athletic programs supervised by the Association. The Athletic Association
should have a storage room with floor space of approximately 20x20 with access to
the outside.
GENERAL Rt_QUIRf:MFNTS •
The architecture and exterior tone of the building should blend well with the
( existing picnic shelter located next to the tennis courts and should not conflict
with the other buildings on the Round Lake School/Park site including the new
Communtiy Center, the existing Fire State and the new High School. The building
will he located between .}_e beach and the skating rinks. The facility should have
a 25 foot concrete deck :he lake side of the facility to enhance the group
picnic use of the facility. All windows should be of Lexan or a similar product.
All doors, frames and casements should be made of steel. Vandal proof hardware
shall be used on doors, windows, light fixtures, etc. The building must be as
energy efficient City code requires and the interior of the building shall have
lighting of at least 100. foot candles.
Restrooms should be accessible from inside and outside and should have locks that
will allow restricted access from either inside or outside. Windows facing the
skating rinks and the lake arc desired.
i
This building should be connected with City water and sewer, if at all possible.
If elevations do not permit the sanitary sewer connections, a sanitary sewer tank
•
will be installed.
The attached map shows the proposed location for this building. Staff requests
Council approval of this program and building location. Upon approval staff will
submit this program to the Smiley Glotter Architectural Firm for design, plans,
specifications and bid. Staff would like to have this facility completed during
the summer of 1981.
OL:md
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MEMORANDUM
TO: Mayor and City Council
THRU: Roger K. Ulstad, City Manager
FROM: Bob Lambert, Director of Community ServicefP't—
DATE: October 29, 1980
SUBJECT: Parks, Recreation and Natural Resources Commission Request
During the Discussion of the Lake Idlewild development proposal, Dick
Anderson, chairman of the Parks, Recreation and Natural Resources
Commission indicated that the property owner intended to put up a sign
along West 78th Street identifying the name of the lake. Anderson said
he would like to see the City put up signs designating the names of each
of the lakes in the City when the lake is bordered by a road. The
Parks, Recreation and Natural Resources Commission members all voiced their
support of this idea and requested that staff make this request to the
City Council,
There are six lakes in the City that are presently bordered by a public
road. Those lakes are: Anderson Lakes, Lake Idlewild, Staring Lake,
Riley Lake, Mitchell Lake and Duck Lake.
Staff requests City Council authorization to secure permission from the
State (sign identifying Mitchell Lake would be within the State Highway
5 right-of-way), and from the County (signs identifying Anderson Lakes
would be on County Road 18 right-of-way) for installation of these signs,
and furthermore, request City Council approval for installation of these
signs on the appropriate City roads. Estimated cost for these signs is
$30/sign.
BL:md
C MEMO
TO: Mayor Penzel and Members of the City Council
•
THROUGH: Roger Ulstad, City Manager
FROM: Carl Jullie, City Engineer
DATE: October 31, 1980
SUBJECT: Agreement for Railroad Signals
Resolution No. R80-216 and R80-219
We have been advised by MN/DOT that under the Federal Highway Act of 1973
funds were appropriated for upgrading warning at grade crossing with federal
funds paying 90% of the costs and the local road authority assuming the
remaining 10%. MN/DOT proceeded to set up a priority rating system and
some time ago, pursuant to their request, we submitted data cheets and
topographical sketches for the railroad grade crossings at Riley Creek '
Road and Birch Island Road. Recently, we were i.nformed.by MN/DOT that
said crossings have reached a high enough priority such that they can now
be included in the program.
The recommended design will be to install flashing light signals with drop
gates. The estimated cost is $75,000 per crossing and the estimated City's
{ share would be $7,500 per crossing or $15,000 total. It will take at least
two years for the installations to be completed and the City's share will be
due thereafter. •
Recommend approval of Resolution No. R80-216 and R80-219.
CJJ:kh
Attachment
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2-7 33
November 4, 1980
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY. MINNESOTA
RESOLUTION NO. R80-216
CONTRIBUTING TO THE COST OF INSTALLING
RAILROAD CROSSING SIGNALS DN BIRCH ISLAND ROAD
BE it resolved that the City of Eden Prairie will contribute to the
cost of installing a controlled railroad crossing signal system at an amount
not to exceed 10% of the actual cost at the intersection of Birch Island Road
and the Chicago,Milwaukee, St. Paul and Pacific Railroad..
ADOPTED by the Eden prairie City Council on
(
Wolfgang H. Fenzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
•
z/33
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November 4,1980
! CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-219
CONTRIBUTING TO THE COST OF INSTALLING RAIL-
ROAD CROSSING SIGNALS ON RILEY LAKE ROAD
BE IT RESOLVED that the City of Eden Prairie will contribute to the
cost of installing a controlled railroad crossing signal system at an amount
not to exceed 10% of the actual cost at the intersection of Riley Lake Road
ant the Chicago and Northwestern Railorad.
ADOPTED by the Eden Prairie City Council on .
1
Wolfgang H. Fenzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
SUMMARY Or BIDS
i I.C. 51- 288
DESCRIPTION: Industrial Drive Utilities
BIDS OPENED: October 3D, 1980 10:00 A.M. r'
CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc.
CHECKED BY: n n n u n
BIDDER BID SECURITY TOTAL AMOUNT
Nodland Associates, Inc. 5% $239,566.00 * •
Northern Contracting Co. 5% 249,212.77 *
Fischer Construction Co. 5% 281,792.50 *
Northdale Construction Co. 5% 283,364.00
Mennen Construction Co. 5% 294,953.00
Barbarossa & Sons, Inc. 5% 296,051.50
Orfei & Sons, Inc. 5% 301,401.02
Brown & Cris, Inc. 5% 308,827.70
- Progressive Contractors, Inc. 5% 311,094.30
G. L. Contracting, Inc. 5% 328,755.50
ACG Mechanical, Inc. 5% 336,228.85
The undersigned recommend award of Contract to * Mathematical errors
corrected.
Lcdlnd Associates, Inc.
as the 1 ,st responsible bidder fot this Improvement Contract.
e2-717/ :. .
l'Ill
Consulting Engineer Carl J. I iLe
Director o Public Works/City Engineer
(
2'73y
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R80-218
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following
improvements:
I.C. 51-288 Inclustridl Driy_@D dry sewer. St.4.rM_
Sewer, Watermain and Street Improvements.
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
Nodland Associates, Inc. •
as the lowest responsible bidder.
NOW, THEREFORE, GE IT RESOLVED by the Eden Prairie City Council
as follows:
The Mayor and City Manager are hereby authorized and directed
to enter into a contract with___Not and Acco is c pc.
in the name of the City of Eden Prairie in the amount of
1239,566.00 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 November 4, 1980.
ATTEST: YTbTfgang f{. Penzel, Mayor
SEAL:
John D. frane, Clerk �' V
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MEMO
(
TO: Mayor Penzel and Members of the City Council
THROUGH: Roger Ulstad, City Manager
FROM: CArl Jullie, City Engineer
DATE: October 29, 1980
SUBJECT: Public Participation Work Plan for
Alternate Waste Disposal Studies
As the Council wil recall, we are involved in a "F-1 'Facility Plan" study •
initiated by the Minnesota Pollution Control Agency and the U.S. Environ-
• mental Protection Agency. The study involves identification and alternate
solutions for the correction of any failing septic tank/drain field systems
for certain neighborhoods in southwest Eded Prairie which lie outside the
Metro Urban Service Area.(MUSA). One of the requirements of this program
is to prepare a proposed public participation work plan and summary of the
proposed project (copy attached) which must be reviewed and approved by
the City Council. Thereafter this work plan and summary will be sent to
all affected property owners in the study area so they can better understand
. the scope and magnitude of the facility plan and how it directly affects
• them.
Recommend that the Council receive and approve said work plan and direct
that it be forwarded to all property owners involved.
•
CJJ:kh
Attachment
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21.340
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WASTEWATER TREATMENT FACILITY PLAN . 4
(. (Innovative and Alternative Disposal System)
Eden Prairie, Minnesota
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A law passed by the U.S. Congress in 1972 continues to shape the future of water
pollution control throughout the Nation. Subsequent to the passage of that 1972
law, amendments have been made updating requirements and funding for pollution
abatement throughout the United States. •
•
Here, in the Twin City metropolitan area, numerous studies have been carried out
by the Metropolitan Council and the Metropolitan Waste Control Commission. The
vast majority of these studies are all related to the upgrading of existing
wastewater treatment plants and the extension of underground sewer pipes into
unsewered areas.
•
However, in 1979, the Metropolitan Waste Control Commission carried out a study
with the prime purpose of utilizing alternative or innovative sewer systems for
pollution abatement especially in smaller communities or in rural areas.
The Metropolitan Council, serving as the overall planning agency for the seven
county metropolitan area, developed guide lines in 1979 which stated in part:
"The Council will support the adoption and enforcement of State and
local health and safety regulations for on-site disposal systems for
non-farm development in the metropolitan area. Pollution problems
which result from failure to enforce adequate health and safety
standards will be solved by local facilities, built at local rather
than metropolitan expense." •
Thus, the Metropolitan Council's interest in on-site systems then is closely
linked with proper functioning of on-site waste treatment facilities and the
issue of pre-mature extension of metropolitan sewer service should on-site
systems fail in some area.
•
The study on alternative waste management systems carried out by the MWCC in
1979 determined that in the City of Eden Prairie there were several areas
beyond the existing sewer system boundaries which were subject to potential
pollution problems and failure of existing on-site waste disposal systems.
Page 2 '
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As a result of these findings, the Minnesota Pollution Control Agency and the
Environmental Protection Agency have funded what is known as Step I Facility
Plan for the City of Eden Prairie. This Step I Facility Plan will, over the
next ten months, identify specific areas and lots in Eden Prairie which may
have failing on-site disposal systems at the present time or are likely to
have failing systems in the near future unless corrective action is taken.
The specific areas within the City of Eden Prairie which will be studied as
part of this facility plan include the Eden Heights Subdivision consisting
of those houses and lots on Hilltop Road and on Valley Road. Also considered
will be the Cedar Forest Addition encompassing lots on Cedar Forest Road and
Cedar Crest Drive. A third area which will be studied includes those proper-
ties on Crestwood Terrace in the Crestwood Addition and Maplewood Park Estates
Addition. The final areas of consideration are those lots on Highview Drive
along the south edge of Lake Riley and those lots north of the railroad tracks,
east of Lake Riley.
This facility plan will include a substantial amount of public participation
beginning in early phases of the project through a mailing to all affected
property owners followed by group meetings of affected property owners wherein
the City officials and their consulting engineer will outline the scope and-
' intent of the project and ultimately a public hearing once alternative solutions
have been identified and potential costs for upgrading the problem areas have
been identified.
It should be emphasized and understood by all affected residents that any
solution to correct deficient systems will cost money. Federal and State funds
may be available totaling 90% of the cost of construction to correct the prolems.
The remaining 10% of the construction cost would be an obligation of the City of
Eden Prairie. Most likely, those 10% of construction costs would become an
obligation of the property owner through a special assessment or a user charge
fee. All future operating and maintenance costs would he an obligation of the
City and/or the property owner.
��3Y
iz.yc3
The public participation program, identified above, would be carried out by •
the City of Eden Prairie through the office of the City Engineer. The City
Engineer will be assisted by his own technical and clerical staff, who will
develop mailing lists of property owners in the study area, will establish
times and locations for advisory group meetings, informal public meetings and
public hearings as necessary and assure that adequate notice is given.of all
proposed public involvement. The City Engineer shall be provided technical
assistance through the services of its consulting engineer, Kirkham, Michael
& Associates. The Consultant shall develop a questionnaire for submittal to
all affected property owners, interview key local officials and citizens,
plan and attend local group meetings relating to the project, and prepare
the agency responsiveness summaries required for submittal to the Minnesota
Pollution Control Agency and Environmental Protection Agency. The Consultant
will prepare the facilities plan which will identify the scope and magnitude
of any water pollution problem in the study area and provide a cost effective
analysis of alternative solutions to abate those problem areas identified.
Interested parties desiring more information on the proposed program should
contact one of the following persons: ,
City Engineer - Carl Jullie, telephone 937-2262
Mayor - Wolfgang Penzel, telephone 937-2262
Councilmen - Dean Edstrom, David Osterhold, Sidney Pauly, and Paul Redpath
Consulting Engineer - Kent Lande, 425-5777
At this time, and based upon information developed in the Alternative Waste
f•'.anagement Systems Evaluation Study for the Metropolitan Waste Control
Coninission, broad range costs for solution to any on-site systems failures
might be as follows:
Construction of new on-site system (septic tank, modified soil absorption
system, mound system, pressure distribution system, community drainfield,
etc.) - $2,000-$10,000 per lot.
Operating and maintenance costs depending upon type of system installed -
$60-$200 per year per household.
ti
Page 4
Additional data will be forthcoming from the City of Eden Prairie outlining
future meetings and the estiblishment of any advisory committees made up of
citizens within the study area. Notices of these upcoming meetings will be
made through direct mailings to affected home owners and/or through articles
published in the local newspapers.
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