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HomeMy WebLinkAboutCity Council - 02/03/1981 it . r} 4, dsiS EDEN PRAIRIE CITY COUNCIL T T • TUESDAY, FEBRUARY 3, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF: Acting City Manager John Frane; City Attorney Roger Pauly; Planning Directir Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; and Karen Michael, Recording Secretary INVOCATION. Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 66, 1981 Page 238 III. CONSENT CALENDAR A. 1st Reading of Ordinance No. 81-04,_street name changes in Chatham Page 249 Woods B. Resolution Nos. 81-27, 81-28 and 81-29, reciardina conformance with Page 252 developer's_agreement for Shady Oak Industrial Park 2nd and 3rd Addition - -- -- --- - C. Authorize bids for loader - Street Department Page 255 D. Final plat approval for Creekview Estates (Resolution No. 81-30) Page 256 E. Request to set Public Hearing for Preserve Center 3rd Addition for Page 259 March 3.. 1981— - — ,) F. Resolution No. 81-24, final approval for Manic Lal Industrial Development 1;^ Bonds in the amount of S1,160,000.00 for Eagle Drug H. Request to set nublic Hearin° for Municipal Industrial Development Page 260 Bonds in the amount of $1,500,000.00 for G. R. Partnership for March 3, 19'31 I. Clerk's License List Page 268 J. Resolution No. 81-31, approving preliminary and final plat for Page 271 Northmark 5th Addition IV. PUBLIC HEARINGS A. frseased Tres Public llearin_g 'Page 278 B. i wo rni Terrace by The Preserve. Regucstj%o rezone 5 acr s to R1-13.5 Page 27`i 11 ;i^ ,�'' apd Eplotting fof 11. sinolc family lots; and rezone-?-.5-acr o Rfl 6.5 and platting fci 14 duplexes (7 buildings). Located t of Basswood .) 4' Road ar.d l.'st of Clack Maple Drive_ -�l1rJxra1Tre7NO....E�:,�?_: 14. 1. City Council Agenda - 2 - &,CLo,,, or `i 7 s.,February 3, 1981 • ,c-?4,tir Y �A.r �t f�t,,V Gam° g V. PAYMENT OF CLAIMS NOS. 4969 - 5163 ., ti Page 22^900' II VI. REPORTS OF ADVISORY COMMISSIONS (/ 1 // 1 A. Human Rights & Services Commission 1 J-� Resolution No 81-14, definir�q responsibilities of t�e Human Page 295 - p /d Rights & Services Conenission-relating to the review of human service proposals f VII. PETITIONS, REQUESTS & COMMUN1CATAS -- lip✓yJ Request fro r. Lauahinahous De(rick Land Company, for a 4 building Page 296 (!ii— ,�' permits u o RLS i,664_ Continued from 1/20/81) . (.7 B. Request from Bev Cron on review of new House moving Ordinance No. Page .302 tr J.i, A.,,,,,- 4 C. Request from 7achman Hop , InckodifyLsetback vary ces contained age 303 in Village Woods 2nd Addition V11I. ORDINANCES & RESOLUTIONS ,t //7A I A. lst_Reading of Ordinance No. 80-27, Park Use Ordinance Page 304 ire Resolution No. 81-25, final app oval for Municipal Indutrial- Page 313 l Dovelopmpnt--_Bonds in the amount of S970,000.00 for Richard Cohen l_ (Minnesota Industrial Tool 9 i IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Ma lor^ Penzel . a. Subcommittee on Fishing S Restocking Lakes `-- . ,' Appointment to the Sewer Service Area Advisor Board- Page 314 / 2. Councilman Bentl eZ � Al a. Solid Waste Site selection process Page 315 G r:r':-.... �,.,T,.11.777.7,7—THY-`:- a✓A'`i`".u.,i B. R port of Ci y ALtornev U C. Report of Aetinn City ?lnaner D. Report of Planning Director I. Slope Ordinance Page 332 2. Eden Prairie Master Plan for City_Hall Page 33.3 E. Report of Director of Community `services i 1. Hcnneprn Corn ..t Mark Rt serve (pi,trict Apra r i pt_ (continued Page 335 1 from 1/2O/81) - City Council Agenda - 3 - Tues.,February 3, 1981 2. BMX Track 1n ; '' a C Page 379 3. Purgatory Creek Recreation Area— °`1� Page 390 4. Tax forfeited lands Page 397 rJ< *.l F. Report of y Engineer �tiaJ 1. Receive feasibility report and set hearing date for sewer and Page 402 ' water improvements on Luther Way and Meadow Lane, I.C. 51-395 (Resolution No. 81-26) 2. Petition from residents for lowering speed limit on Co. Rd. Page 416 4 south of TN 5 • 3. Proposal from Northern States Power regarding ower line aloe Page.420 Scenic Heights Road X. NEW BUSINESS /� XI. ADJOURNMENT. ,nA,,11: • • MEMO TO: Mayor Penzel and Member of the City Council THROUGH: John Frane, Acting City Manager FROM: Carl Jullie, City Engineer • DATE: February 3, 1981 SUBJECT: Agenda Addition Please add to the Consent Calendar the following item: Resolution No. R81-34, receiving a petition from The Preserve requesting vacation of a portion of Sunnybrook Road in Olympic Hills 6th Addition and setting a hearing date of March 3, 1981. CJJ:kh Attachment • February 3, 1981 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-34 RESOLUTION SETTING HEARING FOR VACATIING A PORTION OF SUNNYBROOK ROAD WHEREAS, it is proposed to vacate a portion of Sunnybrook Road which is legally described as follows: That portion of Sunnybrook Road lying east of the east line of R.L.S. 1041 NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council as follows: 1. A public hearing shall be held on the 3rd day of March, 1981, at the Eden Prairie City Hall to consider the vacation o said road. 2. The City Clerk shall give proper legal notice of such hearing as required by law (2 weeks published and posted notice.) ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk . I • P91 ThePere January 6, 1981 Mr. Carl Jullie, P.E. Dity Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Carl: • We will be requesting Olympic Hills 6th Addition Final Plat approval on the February 17 Council Agenda. Part of old Sunnybrook Road lies within this plat and does not conform to the approved preliminary plat. Therefore we must petition the City to•vacate the portion lying within the plat. The legal description would be as follows: Vacate that part of the plat of Sunnybrook Road lying east of the east line of R.L.S. 1041. Please request the Council to authorize the necessary_publications and notices and set a public hearing for this vacation at the February 17 meeting. Very truly yours, THE PRESERVE t • ee W. ohnson • Vice President - Engineering LWJ/j 1 cc: Larry Peterson Tom Arneson, BRW • Minnesota River Valley Wildlife Refuge and Recreation Area Parks, Recreation and Natural Resources Commission action on February 2, 1981. • ' )4) • MOTION: Jessen moved that the Parks, Recreation and Natural Resources Commission urge the City Council to support concept C as proposed by the refuge planners and futhermore, to limit and carefully manage development of snowmobile trails in Eden • • . Prairie, and that equestrian trails be included that would connect Eden Praireie trails to the Minnesota River Valley Trail, and to support the expansion of refuge boundaries to include the bluff area as proposed by the refuge planners. The Commission also supports the hunting plan that would allow limited hunting by permit. Seconded by Kingrey. Motion carried unanimously. • • • • • { 4 • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL { TUESDAY, JANUARY 20, 1981 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Dean Edstrom, Paul Redpath and George Tangen COUNCIL STAFF PRESENT: Acting City Manager John Frane; City Attorney Roger Paul; Planning Director Chris Enger; Director of Community Services Bob Lambert; City Engineer Carl Jullie; and Karen Michael, Recording Secretary INVDCATION: Councilman Paul Redpath • PLEDGE OF ALLEGIANCE • • ROLL CALL: All members present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were removed from the Regular Agenda and placed on the Consent Calendar: J. Appointment of 5 members to the Housing & Redevelop- ment Authority_ (formerly VIII. A. 1.); K. Appointment of City Attorney for 15f317T(ormerly VIII. A. 4.); L. Consider approva' of settlement on fire stetior dis_pnte (formerly VIII. C. 1.T M. Approval of Local No. 49 Contract arr_rl amendm:nt to Resolution No. 1083, the Personnel Resolution 11767merly VIII. N. Approove_plans and specifications and set date for accepting bids for Round Lake Park Shelter (formerly VIII. D. 1.); 0. Approve bids for ice resurfacing machine formerly VIII. D. 4.); P. Change Order No. 1,I.C. 51-325, Valley Vier: Road Phase I improvements (formerly VIII. E. 2.); Q. Resolution No. £s1-19 ffor eminen domain proceedings for right-of-way acquisition on Valle View Road/0211 Road, Phase II improvements, I. C. 51-325 'formerly VIII. E. 3.); and R. Preliminary en l neering agreement with NSP for relocating 115 KV trans- mission line for future Schooner Blvd. from I-494 to TH 169 (Resolution No. 81-16�_Iformerly VIII. E. 4.) Item VII. A. Belvedere Interim Use Amdendment by On-Belay, tabled. The following items were added to the agenda: VIII B. 1_ Resolution.No. 81-21, Authariz_inq and ;)irecting_The Acgu_isition of Certain Lands by Eminent Domain, I. L 5 hi° VIII. E. J. Discussion of the Valley View Road Pedestrian Bridges. The following item was added to the Consent Calendar: S. Change Bid Opening Date for Elevated Storage Tank from February 6, 1981 to April 2, 1931. MOTION: Redpath moved, seconded by Bentley, to approve the agenda as amended and published. Motion carried unanimously. • II. APPROVAL OF MINUTES A. Housing F Rcdeveloranent Authorittt neetine held Tuesday, December 1G, 1980 MOTION: Redpath moved, Edstrom seconded, to approve the minutes of the (lousing & Radeyelornent Authority meeting held Tuesday, December 16,1980. Councilmen Bentley and Tangen abstained. City Council Minutes -2- January 20, 1981 B. Regular City Council Meeting held Tuesday, December 16, 1980 Pg. 7, C. 1., correct spelling of Ulstad; pg. 4, B. 6th para., change "opposition" to "comment." MDTION: Edstrom moved, Redpath seconded, to approve the minutes of the Council meeting held Tuesday, December 16, 1980, as amended and published. Councilmen Bentley and Tangen abstained. • C. Regular City Council Meeting held Tuesday, January 6, 1981 Pg. 5, G., last para., replace "to move this item to the" with "to table this item to be the"; pg. 8, C. para. 3, last line, change "amongst" to "among". • MOTION: Bentley moved, seconded by Tangen, to approve the minutes of the Council meeting held Tuesday, January 6, 1981, as amended and published. Motion carried unanimously. D. Special City Council Meeting held Monday, January 12, 1981 Pg. 1, Council Staff Present, replace Acting City Manager Roger Ulstad" with "Acting City Manager John Frane"; fourth line under "Water Plant Expansion" extremely is mispelled; and to add the following sentence after line 8, "The concensus was to direct staff to proceed on this matter." MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the Council meeting held Monday, January 12, 1981, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. AjTrovc plans and and and order bids for im rovements in Meadow Park, I.C. 51--3600, ValleyView Road k3raun's site , I.C. 51-366 and Willow Creek Road/Flying Cloud Drive, I.C. 51-332-TResolution No. 81-17)- —C. Approve plansand specifications and order bids for Waterworks improve- ments, Conti act N0 3 and4. connecting lines and water piant expansion, 1.0 51-354 III & IV (Resolution No. 81-71-8) D. Set hearing date for vacatincg a Lortion of Plaza Drive and related utility and d inage-easements in the Menard Addition CResolution No. 81-19) E. Request. to set a Public Herring before the City Council for MTS/MCC I'UD> by H i S TC for f ebrua _17, 1981 F. fteq.pest to set. a Public Hearing before the City Council for the Eden Glen I'IHD h� �F iro_ Inc. for Febru t1_11=1981 .39 r.i•ty Council Minutes -3- January 20, 1981 G. National Wildlife Refuge Resolution (Res. No. 81-08). Continued from 1/6/81 to 2/3/81. H. Award bid on skid steer loader I. Award bid for tree spade J. Appointment of 5 members to the Housing & Redevelopment Authority formerly VIII. A. 1.) - (appointed were: George Bentley, Dean • Edstrom, Paul Redpath, George Tangen and Wolfgang Penzel) K. Appointment of City Attorney for 1981 (formerly VIII A. 4.) - TRoger Pauly was reappointed) L. Consider approval of settlement on fire station dispute (formerly VIII. C. 1.) M. Approval of Local No. 49 Contract and amendment to Resolution No. 108B, the Personnel Resolution (formerly VIII. C. 2.) N. A rove lans and specifications and set date for accepting bids or Round Lake Park Shelter (formerly VIII. D. 1.) O. Approve bids for ice resurfacing machine (formerly VIII. D. 4.) P. Change Order No. 1, I. C. 5I-325, Valley View Road Phase I improvementsCformerly VLII. E. 2.7 Q. Resolution No. 81-19 for eminent domain proceedings for right-of- way acquisition on Valley View Road/Dell Road, Phase II improve- ments, I.C. b1-325—(frmerly VIII. E. 3.) R. Preliminary engineering aereement with NS? for relocating 115 KV transmission line for future Schooner Blvd. from 1-494 to TH 169 Resolution No. 8-1-i6 Jformerly VI II. E. 41 S. Change Did 0peninq Date for Elevated Storage Tank from February 6, 1981 to April 2, 1981 MOTION: Redpath moved, seconded by Edstrom, to approve items A - S on the Consent Calendar. Roll call vote: Bentley. Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously. IV. PUBI IC HEARINGS A. Fairway Woods Amendment by Laukka & Associates. Request for PUD 7jnendu:ent to construct 120 condominiums upon 15 acres zoned RM 2.5. Located northwest of existing Fairway Woods and south of Valley View Road (Resolution No. 81-11) Councilman Edstrom announced that he would abstain from consideration on this item as his law firm represents the proponent. Larry Laukka, representing Laukka & Associates, spoke to the pro- posal and displayed graphics of the project. 2q0 City Council Minutes -4- January 20, 1981 Planning Director Enger explained that this item was reviewed by the Planning Commission at its December 8th meeting and that 1 it voted 5 - 0 to recommend approval of the plan revision to the Council according to Staff Report dated December 4, 1980. Director of Community Services Bob Lambert added the Parks, Recre- ation & Natural Resources Commission considered this item on Decem- ber 15, 198D and recommended unanimous approval to the Council as per the Planning Commission's recommendation. Bentley asked about the golf course crossing at the northwest por- tion of the project. Enger explained that this would be made a part of the requirements included in the developer's agreement but that no specific recommendations have been made yet. An at- grade crossing as well as an underpass will be looked into. Prior to the developer's agreement, the Riley-Purgatory Creek Watershed Conservancy District line will be clarified. • Conra Sor ick 14322 Fairway Drive, President of the Homeowner s Association, endorsed the Laukka project and stated that Mr. Laukka had been most cooperative in his dealings with the present homeowners. The only difference of opinion they do have is in regard to the sidewalk and they feel that this will be resolved. Penzel asked about financing for this project. Laukka said that it is not currently financed but it will be under FHA and feels that he has the financial capabilities to complete this project. Units will be in the S60,000 range and he hopes to do some pre-marketing of the units this winter. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and adopt Resolution No. 81-11, approving the request for PUD Amendment to construct 120 condominiums upon 15 acres zoned RM 2.5, by Laukka & Associates, subject to a Developer's Agree- ment. Motion carried with Edstrom abstaining. • MOTION: Bentley moved, seconded by Redpath, to direct staff to draft a developer's agreement incorporating the recommendations of the Planning Commission/Parks, Recreation & Natural Resources Commission and Staff Report dated December 4, 1980; as well as the development of a pathway's system connecting Valley View and Mitchell Roads, and an adequate golf crossing. Motion carried with Edstrom abstaining. B. Edenvale Apartments by Ldenvale Apartments, a Partnership. Request for PUD Development Plan approval, platting of 2 lots for 175 units, and rezoning from Rural to RM 2.5 for 17 of the 23 acres. Located in the northeast quadrant of Mitchell Road and Valley View Road extended. (Ordinance No. 81-01 and Reso- lution No. 81-12) 2'I/ City Council Minutes -5- January 20, 1981 James Cooperman, architect for the Bar-Ett Development project, spoke to the proposal and displayed architectural drawings of the proposed development. City Planner Enger explained that this proposal had been reviewed by the Planning Commission at its December 8, 1980 meeting; and by a vote of 5 . 0 they granted approval to the request for the PUD Development Plan, platting of 2 lots for 175 units, and the rezoning - from Rural to 'RI 2.5 for 17 of the 23 acres subject to the recommen- dations of the Staff report plus the addition of two other recommen- dations. Community Services Director Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its December 15, 1980 meeting;and recommended approval unanimously with the additions as outlined in the Community Services' Staff Report with the exception of a trail easement instead of a trail connection to the park northeast of the proposed site. City Engineer Jullie spoke to the traffic and transportation issue. Cooperman stated that a condition for HUD approval is that a road (Valley View) be in place from the east to the west property line and that the developer is willing to do this, MOTION: Edstrom moved, seconded by Redpath, to close the public hearing and give a first reading to Ordinance No. 81-01, approving the request for PUD Development Plan, platting of 2 lots for 175 units, and rezoning from Rural to Rm 2.5 for 17 of the 23 acres. Motion carried unanimously. MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 81-12 approving the preliminary plat of Edenvale Apartments. Motion carried unanimously. MOTION: Edstrom moved, seconded by Redpath, to direct Staff to draft a developer's agreement incorporating the recommendations of the Planning Staff and Commission, along with the recommendations of the Director of Community Services and Parks, Recreation & Natural Resources Commission. In addition the agreement should incorporate appropriate items regarding pathways and trails; if there is any excess fill, that it be provided to the City at no cost; and that the question of sprinklers in the garage area be resolved by the building department. Motion carried unanimously. C. Bentec Office bj John A. Benedict Tim Pierce, Pierce & Associates, reviewed the proposed request. Planning Director Enger explained the nature of the request and explained that the structure would be brought up to code within five years or would be removed. The Planning Commission reviewed the proposal at its December 8, 1980 meeting and recommended approval with Staff recommendations. Crrrrnunity Services' Director Lambert stated that this proposal hid no park or recreation or natural resource concerns and therefore oars not taken to the Parks, Recreation & Natural Resources Commission. • City Council Minutes -6- January 20, 1981 . Harold Schaitberger, 12880 Pioneer Trail, stated that he lives on the property due west of that under discussion and his property ( is presently in condemnation by the State Highway Department. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to give a first reading to Ordinance 81-02, requesting rezoning of 2 acres from Rural to Office, combining the 2 exis lots, and using the existing structure as an office; with th- •rovisoov that the second reading be given only after, and if, the Boar. o oning Appeals grants a five-year variance. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 81-13, approving the preliminary plat of Bentec Office Plat. Motion carried. MOTION: Redpath moved, seconded by Bentley, to direct Staff to draft a developer's agreement incorporating the recommendations of the Planning Staff and Commission and those of the Board of Appeals. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS.4742 - 4968 MOTION: Tangen moved, seconded by Penzel, to approve the Payment of Claims No. 4742 - 4968. Roll call vote: Bentley, Edstrom - abstained on Claim No. 4939, Redpath, Tangen, and Penzel voted "aye". Motion carried. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports of Advisory Commissions VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Belvedere Interim Use Amendment by On-Belay. Request to change dental office interim use at 8430 Franlo Road to an adolescent treat- ment center to be called "Prairie House". (Continued from 12/16/B0) This item was tabled. B. ReQuest from Mr._L_aughinnhouse, Deerick Land Company, for 4 building permits upon RLS 664 Kurt Laughinghouse, representing Deerick Land Company, gave a his- tory of the property and explained what Deerick Land Company wishes to do with it. They propose to sell lots to individuals. They would like the Council to authorize the issuance of building permits and to authorize the City Engineer to accept for operation the sewer and water faci lities. The Deerick Land Company has offered each of the four adjacent property owners 100 feet of cedar board fence or $500 worth of plantings wlrichever they preferred. r a City Council Minutes -7- January, 20, 1981 Penzel noted that since 1973 the issue has been what constitutes adequate/appropriate screening? The Council in 1973 concluded that was an issue between the property owners and once that was resolved the Council would authorize the City Manager to issue building per- mits on those four lots. It appears the same.problem holds true with the new property owner, Don Braun, 15501 Park Terrace Drive; Harold Auwerter and Marlene Auwerter, 15513 Park Terrace Drive; and Rolf Erickson, 15519 Park Terrace Drive spoke on the various concerns of the adjacent property owners. In addition to adequate screening their concerns included city take-over of the street/lane, fire protection, snow removal, and curbing. Gene Devore, 6428 Kurtz Lane, wondered if the size of homes to be put on these lots would be compatible with those homes already in the neighborhood. MOTION: Redpath moved, seconded by Edstrom, to continue this item for two weeks to give Mr, Laughinghouse and the residents a final opportunity to resolve their differences. Motion carried with Penzel voting "no". VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Report of Council Members 1. Appointment of 5 members to the Housing & Redevelopment Authori�; This item was moved to the Consent Calendar (item III. J.) 2. Salary adjustment for Acting City Manager MOTION: Redpath moved, Bentley seconded, to adjust the salary of John Frane by 15 during the period of time in which he is servino as Acting City Manager, Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye". Motion carried unanimously. 3. Appointment of Council Representative to the South Hennepin Hun, Services Council to fill Sidney Paul's unexpired_ter-m-ta4(3/5_ Councilman Paul Redpath volunteered to fill Sidney Pauly's_un- expired term. 4. Appointment of City Attorney for 1981 This item was moved to the Consent Calendar (item III. K.) 13. Report of City Attorney City Attorney Pauly explained the need for condemnation pro- ceedings to begin regarding the railroad easements needed to build Valley View Road. ( • 1 City Council Minutes -8- January 20, 1981 MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 81-21, authorizing and directing the acquisition of certain lands by eminent domain, I.C. 51-288. Motion carried unanimously. Pauly stated that Mr. Cooley had filed a $25,000 bond in the tax • increment case; and that a motion had been made for an early trial date. C. Report of Acting City Manager 1. Consider approval of settlement on fire station dispute This item was moved to the Consent Calendar (item III. L.) 2. Approval of Local No. 49 Contract and amendment to Resolution No. 1088, the Personnel Resolution This item was moved to the Consent Calendar (item III. M.) Acting City Manager Frane said he had received a letter from the County saying that Local 49, truck drivers, may go on strike on Friday, January 23. He also called attention to the fact that a Board of Review meeting has been scheduled for Tuesday, May 26, I981. D. Report of Director of Community Services 1. Approve plans and specifications and set date for accepting bids for Round Lake Park Shelter This item was moved to the Consent Calendar (item III. N.) 2. Hennepin County Park Reserve District Agreement Director of Community Services Lambert referred to the pro- posed written Agreement between the Hennepin County Park Reserve District (HCPRD) and the City stating that this docu- ment contains the terms agreed to by both parties regarding the transfer of City interests in property within the boundaries of Anderson Lakes Park and Bryant Lake Park. The Parks, Recre- ation & Natural Resources Commission approved the agreement at its January 5, 1981 meeting at which time they also voted to amend the language of the Agreerntnt to be written so the County does not have the power, in the Agreement, of condemnation over the proposed expansion in Bryant Lake Park; but it does have the right to negotiate the purchase of the property for park purposes. Lambert introduced Marilyn Egerdal and John Sunde from the HCPRD Staff who were present to answer any questions the Council might have as well as questions from those in the audience. ( Bentley raised questions about the special assessments and fire insurance. City Engineer Jullie said there were no special assessments against the property; Lambert clarified the fire in- suran:;e question. The question of definition of a "park access road" was answered by Mr. Sunder. City Council Minutes -9- January 20, 1981 Penzel raised the question about connecting Rowland Road to (_ Beach Road which has been discussed in the past. Sunde ex- plained that this was new information and he would have to look at it further. Egerdal stated that the acquisition of properties within Bryant Park would depend on the availability of funding from the Metro- politan Council. Certain improvements would need to be made with- in the Park to make it a workable Regional Park. Monies are available now for the Rodberg and Hanley properties. • Gerald Rodberg, 6580 Rowland Road; Keith Simons, attorney for Elizabeth Hanley of 6408 Rowland Road; Warren Gerecke, 6622 Golden Ridge Drive; Jerry Brill,attorney for Metram Properties; and Greg Belinski, attorney for the Uherkas of 6517 Rowland Road expressed concerns about the power of eminent domain and the expanded Bryant Park boundaries. Edstrom said consideration should be given to accommodating the people who live in the area and that adjustments might be made which would have the least affect on those in the area. ( -e 1 Council requested the Staff from the City and from HCPRD to 1 meet with the affected property owners to answer their questions and concerns, and continued this item to the February 3 meeting. MOTION: Moved by Bentley, seconded by Redpath, to extend the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. 3. Petition from Southwestern Eden Prairie residents Director of Community Services Lambert explained the petition from Southwest Eden Prairie residents requesting a bike trail adjacent to County Road I from County Road 4 to Crestwood Terrace. He noted that the Parks, Recreation & Natural Resources Commission had voted to recommend Staff to pursue a grant for this trail. Edstrom said he is very faniiliar with this area and there is a definite need for a trail along County Road 1. MOTION: Edstrom moved, seconded by Tangen, to authorize Staff to apply for MnDOT Bicycle Trail Grant Funding for this pro- posed bicycle trail. Motion carried unanimously. 4. Approve bids for ice resurfacingmachine This item was moved to the Consent Calendar (item III. O.) ��s City Council Minutes -10- January 20, 1981 E. Report of City Engineer 1. Receive 100% petition and order improvements on Ontario Blvd. Westgate Court and Bittersweet Drive (Resolution No. 81-15) City Attorney Jullie spoke to the proposed storm sewer and street improvements on Ontario Blvd., Westgate Court and Bittersweet Drive. Joe Lawler, 7621 Ontario Blvd.; Bob Lestor, 7561 Ontario Blvd.; Gary Clifford, 7601 Ontario Blvd.; William J. Hofius, 7501 Ontario Blvd.; and Lynn Seppmen, 7602 Ontario Blvd. expressed the concerns of the neighbors including their • opposition to connecting Bittersweet Drive to Ontario Blvd; the extension of Ontario Boulevard to Highway 5; and the problems of drainage in the area. o nor- MOTION: Bentley moved, seconded by Redpath, tomove adoption �f'Resolution No. 81-15, receiving 100% petition, ordering- / improvements and preparation of plans and specifications for public improvements in Westgate Addition (I.C. 51-382); and directing Staff to complete a comprehensive study of storm drainage problems in the area. Motion carried unanimously. 2. Change Order No. 1, I.C. 51-325, Valley View Road Phase I improvements This item was moved to the Consent Calendar (item III. P.) 3. Resolution No. 81-19 for eminent domain proceedings for right- of-way acquisition on Valley View Road/Dell Road, Phase II improvements, I.C. 51-325 This item was moved to the Consent Calendar (item III. Q.) 4. Preliminary engineering agreement with NSP for relocating 115 KV transmissio 1 ine for future Schooner Blvd. from 1-494 to TH 169 (Resolution No. 81-16) This item was moved to the Consent Calendar (item III. R.) 5. Discussion of the Valley View Road Pedestrian Bridges City Engineer Jullie stated that the City has been planning for three pedestrian bridges over Valley View Road and that the School Board has requested that the most westerly bridge construction be delayed until a statement of need is presented to the City. It is the School Board's thought that upon the City's receipt of the statement of need, the overpass's con- struction would be anticipated to be completed within one calendar year. MOTION: Trngen moved, seconded by Bentley, to delay construc- tion of the westerly pedestrian bridge over Valley View Road; should it appear the bridge is not necessary one year from now, the berm on the south side of Valley View Road can be removed by the City. Motion carried unanimously. 2q City Council Minutes -11- January 20, 1981 IX. NEW BUSINESS There was no new business. X. ADJOURNMENT MOTION: Moved by Tangen, seconded by Edstrom, to adjourn the meeting at 12:17 a.m. Motion carried. Zy7 • MEMO TO: Mayor Penzel and Members of the City Council THROUGH: John Frane, Acting City Manager FROM: Carl Jullie, City Engineer SUBJECT: Street Name Change in Chatham Wood DATE: January 29, 1981.__ ? The developers of Chatham Wood, Toma Development, have requested the City Council to change the street name West 168th Avenue to Chatham Way within the plat of Chatham Wood. No existing homes or property owners other than Toma Development will be affected by the name change at this time. West 168th Avenue, as platted from Whittington Walk to Townline Road (West 62nd Street,) is disjointed from the older portion of West 168th Avenue and is a realistic:location for the name change. The developer has cited the name change as a marketing advantage. Recommend approval of Ordinance No. 081-04. CJJ:kh q9 • February 3, 1981 CITY OF EDEN PRAIRIE . - ._ HENNEPIN COUNTY, MINNESOTA • • ORDINANCE NO. 081-04 • AN ORDINANCE CHANGING THE STREET NAME OF WEST 168TH AVENUE TO CHATHAM WAY IN CHATHAM WOOD THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: The street name West 168th Avenue from Whittington Walk to Townline Road (West 62nd Street) within the plat of Chatham Woods, is•herein changed to Chatham Way. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie this 3rd Day of February, 1981, and finally read and adopted and ordered published at a regular meeting of the City Council on the day of 19 . Wolfgang H. Penzel, Mayor ATTEST: SEAL John Frane, Clerk - • { • • 1 J � nr,311,111,111 ^—LYt! SCrT'4r• n — '"k` • & '' GII.WC,110. i i FII _�—CHATHAM I I , I ' , e ‘1 ' I , r WOOD Ih: • t • !. r I f. v . '. . '' „..,,it: ',_,- i Jo i 4 i. 1 1 ___' awl t - ' ' ' J f • .M✓ o f i t j � J • -- -w.--J Jr 6 „,..,„!•\ qs • N 1 •t i o , B / • `• joti � i N I •'• I • Ill! . h�, 11 id 'f e 1� : ' �� ,� - ri . • 5 C/10.ElVl�9 MAOB•ON INS.. •% 1 -�I 5Ci4:v....• - f kT�aN�� .. •• . Q 5' r CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-27 RECORDING CONFORMANCE WITH DEVELOPERS • AGREEMENT - SHADY OAK IND. PARK 2ND WHEREAS, on July 13, 1979, Richard W. Anderson, Inc., a Minne- sota corporation (Owner) and the City of Eden Prairie, a municipal corporation, entered into a certain Developer's Agreement (Agreement) pertaining to that certain property referred to as Shady Oak Industrial Park Second Addition; and WHEREAS, the Owner has complied with certain provisions of said Agreement as to certain lots within said subdivision; and WHEREAS, the City Engineer has reviewed the Owner's compliance with said Agreement as to Lot 3, Block 1 Shady Oak Industrial.Park Second Addition, and has so advised this Council. NOW, THEREFORE, be it resolved by the Eden Prairie City Council that as to Lot 3, Block 1, Shady Oak Industrial Park Second Addition, the City finds that: All items of the Agreement have been satisfactorily compl eted. The Agreement shall remain in full force and effect as to all items and lots not mentioned herein. ADOPTED by the Eden Prairie City Council on February 3,. 1981. Wolfgang H. Penzel Mayor ATTEST: SEAL John Orane, Clerk { , CITY OF EDEN PRAIRIE r HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R8I-28 RECORDING CONFORMANCE WITH DEVELOPER'S AGREEMENT FOR SHADY OAK INDUSTRIAL PARK THIRD ADDITION WHEREAS, on December 18, 1979, Richard W. Anderson, Inc., a Minnesota corporation (Dwner) and the City of Eden Prairie, a municipal corporation, entered into a certain Developer's Agreement (Agreement) pertaining to that certain property referred to as Shady Oak Industrial Park Third Addition; and WHEREAS, the Owner has complied with certain provisions of said Agreement as to certain lots within said subdivision; and WHEREAS, the City Engineer has reviewed the Owner's compliance with said Agreement'as to Lot 1, Block 1, Shady Oak Industrial Park Third Addition and has so advised this Council. NOW, THEREFORE, be it resolved by the Eden Prairie City Council that as to Lot 1, Block 1, Shady Oak Industrial Park Third Addition, the City finds that: All items of the Agreement have been satisfactorily completed. The Agreement shall remain in full force and effect as to all items and lots not mentioned herein. ADOPTED by the City Council on February 3, 1981. Wolfgang H. Penzel Mayor ATTEST: SEAL John D. Franc!, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-29 REGARDING CONFORMANCE WITH DEVELOPER'S AGREEMENT - SHADY DAK INDUSTRIAL PARK 3rd WHEREAS, on December 18, 1979, Richard W. Anderson, Inc., a Minnesota corporation (Owner) and the City of Eden Prairie, a municipal corporation, entered into a certain Developer's Agreement (Agreement) pertaining to that certain property referred to as Shady Oak Industrial Park Third Addition; and WHEREAS, the Owner has complied with certain provisions of said Agreement as to certain lots within said subdivision, and WHEREAS, the City Engineer has reviewed the Owner's compliance with said Agreement as to Outlot A, Shady Oak Industrial Park Third Addition and has so advised this Council. • NOW, THEREFOE, be it resolved by the Eden Prairie City Council that as to Outlot A, Shady Oak Industrial Park Third Addition, the City finds that: All items of the Agreement have been sadisfactorily completed. The Agreement shall remain in full force and effect as to all items and lots not mentioned herein. ADOPTED by the Eden Prairie City Council on February 3, 1981. Wolfgang H. Penzel ATTEST: SEAL Jolts D.bane, Clerk • • . MEMO TO• . Mayor Penzel and Members of the City'Council • THROUGH: John Frane, ;Acting City Manager FROM:. Carl Jullie, City Engineer DATE: January 28, 1981 • SUBJECT: Bids for Loader We have prepared specifications for a new two and one-half cubic yard front end loader for the Public Works Oepartment. Our present loader y ' is too small for efficient utilization and is reaching an age (11 years) 1 when maintenance and down time will become more frequent. The detail specs for the new loader are on file in the Engineering Department. The estimated cost for the new machine is $95,000, and this amount is included in the 1981 City Budget. The bidding specs will allow bidders • to indicate,a trade-in value of our present loader which we can review • ' after the bids are in to determine if it is worthwhile to keep the present loader for backup use. • ' Recommend that sealed bids for the new loader be opened at 10:00 A.M. on Tuesday, February 24, 1981. CJJ:kh • • i • • CITY OF EDEN PRAIRIE February 3, 1981 HENNEPIN COUNTY, MINNESOTA • • RESOLUTION NO. R8130 A RESOLUTION APPROVING FINAL PLAT • OF CREEKVIEW ESTATES • WHEREAS, the plat of Creekview Estates 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 Creekview Estates is approves: upon compliance with the recmmation 9 the City Engineer's Report on this plat dated January B. Variance is herein granted from City Ordinance No. 93, Sec. 8, Subd. 1 waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- trar of Titles for thier use as required by MSA 462.358, Subd. 3. D. 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. E. 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 U. irdne, ClerV • • • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and Members of the City Council • THROUGH: John Frane, Acting City Manager FROM: • Carl Jullie, City Engineer DATE: January 27, 1981 SUBJECT: CREEKVIEW ESTATES PROPOSAL: The developers are requesting final plat approval by the City Council of Creekview Estates. This is a single family residential plat consisting of 28 lots on approximately 25 acres. This plat is located south of Pioneer Trail (Co. Rd. #1.) east of Purgatory Creek, west of Bennett Place and is a replat of several lots of Eden Prairie Acres. HISTORY: The preliminary plat was approved by the City Council on Jan- uary 22, 1980, per Resolution #79-197. Zoning to R1-13.5 was finally read and approved by the City Council on October 7, 1980, per Ordinance #79-39. The Developer's Agreement referred to within this report was executed on October 7, 1980. VARIANCES: A variance from the requirements of City Ordinance #93, Sec. 8, Subd. 1, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat fill be necessary. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: The street named "Creekview Drive" and "Creekview Court" conflict with several other names being used within the City. Unless otherwise directed by the City Council the Engineering Depart- ment will require the developer to submit acceptable names prior to release of the final plat. The requirements for the installation of utilities and streets are covered in the Developer's Agreement. The developer has indicated an interest in petitioning the City for the installation of the utilities and streets. This petition must be received prior to the release of the final plat. • • i If I • PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. This Agreement indicates an area of flood plain to be conveyed to the City. This conveyance will most easily by accomplished through the platting of an Outlet. The ' developer has agreed to make this change prior to release of the final plat. BONDING: Bonding requirements are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Creekview Estates, subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of fee for City Engineering services in the amount•. of $840 (to be waived if utility petition is received.) — 2. Receipt of cash deposit for street lighting in the amount of $1,330.20. 3. Receipt of cash deposit for street signs in the amount of $280 (required if utility petition is received.) CJJ:kh • • The irreserve January 23, 1981 Mr. Chris Enger, City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Preserve Center 3rd Addition Zoning Dear Chris: The strip of land adjacent to Lot 1, Block 2, Preserve Center Second, that we purchased to facilitate platting without variances, has only had the first reading for RN 6.5 zoning by its prior owners. We have been advised that it is cleaner to start from scratch and rezone this strip, even though there will be no construction on this part of the lots. Therefore please request the City Council to hold a public . hearing, with the necessary notices, at their earliest con- venience. Very truly yours, . i TH/PRESERVE Lee W. Johnson LWJ/,i 1 2!:') 11111 Anderson Lakes Parkway, Hen Prairie,Minnesota 55344 • (612)941.2001' C To: Mayor and Council From: John Frane Date: January 30, 1981 Re: MIDB's for G.R. Partnership - $1,500,000 The G.R. Partnership intends to construct a 48,000 square foot office/ warehouse/production space. The partners, each holding a 1/6 interest in the project, intends to lease about 52% of the space to Reynolds Printing which is owned by Robert and Richard Reynolds, 2 of the G.R. partners. The total project cost is $1,775,000; the property is zoned I-2 Park which is correct for the intended use. Reynolds Printing is presently located at 7340 Washington Avenue South in Eden Prairie and is seeking additional space now and for future expansions. A Public Hearing could be scheduled for March 3. • CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Project Financing 1. APPLICANT: • a. Business Name - G. R. Partnership b. Business Address - 140 W. 98th Street Bloomington, Minnesota c. Business Form (corporation, partnership, sole proprietor- ship, etc.) - General Partnership d. State of Incorporation or organization - Minnesota e. Authorized Representative - Daniel Ruppert f. Phone - (612) 881-1500 .E ES OF RS PRINCIPALS: 2, ,Z,`:;;E(S) AND :1LD!: SS:: MAJOR S'"OCS:IOL.P..E.• OR a. Robert Reynolds, 9273 W. 153rd St., Prior Lake, MN 55372 b. Richard Reynolds, 2310 Tower View Circle, Bloomington, MN 55438 c. James Reynolds, 9042 Highland Creek Rd., Bloomington, MN 55438 d. Leo Hoffmann, 10248 Colorado Rd., Bloomington, MN 55438 e. David Phillips, 4883 Martindale Dr., Prior Lake, MN 55372 f. Daniel Ruppert, 3031 Long Meadow Circle, Bloomington, MN 55420 • -1 • • • GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC: • Reynolds Printing, Inc. will occupy 52% of the space. The balance of the space will be leased to various tenants until the growth of their business necessitates expansion. Reynolds Printing, Inc. does commercial and advertising printing and publication printing for manufacturers and advertising agencies throughout the Midwest area. 4. DESCRIPTION OF PROJECT One-story, owner-occupied business center containing 48,200 square feet of gross building area with 15% office space and 85% production space. a. Location and intended'use: 7071 through 7093 Shady Oak Rd., LeParc Addition - 4 acres - owner occupied business center. b. Present ownership of project site: Galaxy Developers, Inc. c. Names and address of architect, engineer, and general contractor: Architect: BE Architects, Inc., P.O. Box 219, Lake Elmo, MN 55042 Engineer: Mayeron Engineering, 3006 Hennepin Ave., Minneapolis, MN 55400 General Contractor: Galaxy Developers, Inc., 140 W. 98th St., Bloomington, MN 5542: 5. ESTIMATED ?BOJECT COST FOR: Land 320,000 Building $ 916,000 Equipment $ 375,000 Other $ 164,000 Total 1,775,000 $ • -2- 2 V. LIOi1D ISSUE - The economic feasibility of operating the project would be significantly reduced at the high cost of borrowing conventional financing. a. Amount of proposed bond issue - . $1,500,000 b. Proposed date of sale of bond - April 1, 1981 c. Length of bond issue and proposed maturities - 30 years d. Proposed original purchaser of bonds - The purchaser of the bond issue has'not been determined at this time. Miller & Schroeder Municipals, Inc. is the placement agent. e. Name and address of suggested trustee - N/A f. Copy of any agreement between Applicant and original purchaser - N/A g. Describe any interim financing sought or available - Construction loan will be placed with a banking institution. h. Describe nature and amount of any permanent financing in addition to bond financing - None 7. BUSINESS PROFILE OF A?PLICANT. a. Arc you located in the City of Eden Prairie? Reynolds Printing, Inc., who will occupy 52:, of the space, is currently located in Eden Prairie. b. Number of employees in Eden Prairie? i. Before this project. 26 -3- .6', • ii. After this project? 70 c. Approximate annual sales - 1979 E693,000 As of July 31, 1980 $620,000 d. Length of time in business 3= Years in Eden Prairie 3 i Years e. Do you have plants in other locations? If so, where? No f. Are you engaged in international trade? No 8. CThc.P3. I 'DCSTIlI AL DEVELOPMENT PROJECT(S) : None a. List the na :e(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 "releated person" within the meaning of Section 103(b)(6) of the Internal Revenue Code. None I • -q- z/(I a. 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 • _g_ • • f. If Applicant has been denied industrilelopment revenue financing in any other city as idev ie in (d) or (e), specify the reason(s) for the fdenial and the name(s) of appropriate city officials who have knowledge of the transaction. • None 9. NA1SES AND ADDRESS OF: • a. Underwriter (If public offering) N/A b. Private Placement Purchaser (If private placement) Miller & Schroeder Municipals, Inc. • 7900 Xerxes Avenue So. Minneapolis, MN 55431 • 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. I -6- _2(•,6 • b. Bond Counsel - Larkin, Hoffman, Daly & Lindgren 1500 NFC 7900 Xerxes Avenue South Minneapolis, MN 55431 c. Corporate Counsel - EdwarInce, Tischlerder nce, Tischlerder & Associates 140 West 98th Street Minneapolis, MN 55420 d. Accountant - Paul Bangasser Comprehensive Accounting 140 W. 98th Street Bloomington, MN 55420 10. T1HAT IS YOUR TARGET DATE FOR: a. Construction start - April 1, 1981 b. Construction completion - October 1, 1981 FOR FURTHER INFOE.:ATION CONTACT: The undersigned Applicant understands that the Iedapproval or disapproval by the City of Eden Prairie Development bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or ro _ement relating to any zoning, building, or other rule Clil`• or ordinance o:: the City of Eden Prairie, or any other law applicable to the property included in this project. G. R. P Applicant By JJ January 19, 1981 Date CITY OF EOEN PRAIRIE CLERKS LICENSE APPLICATION LIST February 3, 1981 CONTRACTOR (Multi-family & Comm.) CONTRACTOR (I & 2 Family, Con't.) Robert W. Compton, Inc. • Martin Homes, Inc. Kraus-Anderson Building Co. Stephen Longman Builders, Inc. Ryan Development, Inc. Robert Mason, Inc. R. J. Ryan Construction, Inc. Larson & Co. Condor Corporation Donald Kent Home Builders, Inc. N. A. Mortenson Co. Centrex Homes Midwest, Inc. James Steel Construction Co. Amcon Corp. • Rauenhorst Corp. Denco Home Builders r. Shelard Companies, Inc. Ban Con, Inc. HEATING & VENTILATING Lovering Associates, Inc. Magney Construction Co. Como Specialty Co. Hoyt Construction Co., Inc. Kleve Heating & Air Conditioning Garden City Construction Co. Suburban Heating & Air Conditioning, Inc. Sunway Horses, Inc. Thompson Air Conditioning Co. Allan Heating & Air Conditioning Cool-Temp, Inc. CONTRACTOR (1 & 2 Family) Gopher Heating & Sheet Metal Horwitz, Inc. Crest Investment Corp. Axel Newman Heating & Plumbing Eliason Builders; Inc. Northeast Sheet Metal Ferris Construction Co. Royalton Heating & Cooling Co. Fetz Construction, Inc. Owens Services Corp. Fireplace Construction Co. Metropolitan Mechanical Contractor Steven Fox Steins, Inc. Hirsch Brothers, Inc. Sand Mechanical, Inc. Jarip Builders Burkes Heating Co. Landico, Inc. Carlson Store Fixtures Co. Lars Remoceling C. 0. Carlson Air Conditioning Co. Nilsen-Erickson, Inc. Hoglund Mechanical Contractor Pools, Inc. D. J's Heating & Air Conditioning Steiner & Koppelman, Inc. Consolidated Plumbing & Heating Co. T & F. Construction Boedekers Plumbing & Heating Orrin Thompson A. Binder & Son, Inc. Capp Homes Plumbing Service Company Miles Homes Boulevard Sheet Metal & Heating Co. Patron Builders Ken Roelofs Construction, Inc. PLUMBING R.A. Ungerman Construction Co. Urban Unit Corp. H.I.S. Plumbing Co. Windsor Development Horwitz, Inc. C. W. Morris Construction Co. LeVahn Bros., Inc. Van F.eckirout Building_ Corp. Key Plumbing A Heating, Inc. John Kramer & Sons, Inc. London Plumbing Co., Inc. Prairie Construction Midwestern Mechanical Johnson Pciland Construction Co. Minnesota Mechanical, Inc. Hurst 7; Cans Construction Co. Murphy Plumbing & Heating Clerk's License Application List Page two PLUMBING Cont. FOOD HANDLERS LICENSE - TYPE C Piper Plumbing • Eden Prairie Grocery Dale Sorenson Company Hot Sam Companies Metropolitan Mechanical Contracotrs. Lions Tap Mitsch Plumbing & Heating Valley Dairy Store Hopkins Plumbing & Heating Nutrition World, Inc. Steins, Inc. Sand Mechanical RETAIL CANDY OUTLET Galaxy Mechanical Contractor Hovde Plumbing & Heating Mr. Steak Hoglund Mechanical Contractor Fannie i4ay Candy Shop Custom Plumbing, Inc:. Valley Dairy Store Consolidated Plumbing & Heating Boedekers Plumbing & Heating MECHANICAL DEVICES • Berghorst Plumbing & Heating Backdahl & Olson Plumbing & Heating Co. Genghis Khan of Sapporo Southwest Plumbing & Heating Lions Tap Swanson & Schiager Plumbing Alladins Castle, Inc. Plumbing Service Company Doody, Inc. VENDING MACHINES Lamere Plumbing &.Heating, Inc. Griswold Vending Co. GAS FITTERS Valley Dairy Store Sirvend, Inc. Gas Supply, Inc. Cedar Hills Golf Park Kleve Heating & Air Conditioning Coffee hill Vending Suburban Heating & Air Conditioning, Inc. Coca Cola Bottling Midwest Tom flotzko Plumbing & Heating r Murphy Plumbing & Heating WELL DRILLING Northeast Sheet Metal Piper Plumbing Dependable Well Co. Project Plumbing Don Stodola Well Drilling Co. Royalton Beating & Cooling Co. Donald A. Rogers Metropolitan Mechanical Contractor GARBAGE & REFUSE COLLECTIONS CIGARETTES & TOBACCO --"" —`-- ------ G & H Sanitation • Mr. Steak Woodlake Sanitary Service, Inc. Griswold Vending Co. Bright Sanitation Superamerica Eden Prairie Sanitation Lions Tap Village Sanitation Viking Pioneer Coffee Mill Vending UTILITY INSTALLERS FOOD HANDLERS LICENSE= TYPE. A Nova Frost, Inc. Southwest Plumbing & Heating Mr. Steak Egg Roll House KENNEL LICENSE Genghis Khan of Sapporo ( T.O.'s Kiwatchi Racing Huskies Saga Corp. (Super Valu) Ridgedale Kennels McGlynn Hakcries, Inc. The Brothers Restaurant Clerk's License Application List Page three SCAVENGER MA Scavenger WATER SOFTENERS Comers Soft Water 3.2 BEER ON-SALE Lions Tap 3:2 BEER OFF-SALE Lions Tap These licenses have been approved by the department head responsible for the licensed activity • &6—C/Cie/a- Y2() • --(/00-44C/it..., Rebecca H.Warner, Licensing Clerk 2'0 Unapproved Manning Commission Minutes -2- Jan. 26, 1981 ALL MEMBERS PRESENT. B. NORTHMARK 5TH ADDITION, by The Preserve, Inc. Request to combine 3 outlots zoned R1-13.5 into 1 lot for a single family home. Located between 10760 and 10750 Fieldcrest Road. A public hearing. The Planner stated that Mr. Lee Johnson of The Preserve was present to answer questions. He also reviewed the original proposal for the outlots. Levitt asked if the residents have been notified. The Planner replied yes. MOTION Toriesen moved to close the public hearing on Northmark 5th Addition. Retterath seconded, motion carried 7-0. DISCUSSION Mr. Kinsella, 10750 Fieldcrest Road, arrived and stated that he would like to "swap" part of his land for part of The Preserve's land to make the lot line even. The Commission agreed that Mr. Kinsella and Mr. Lee Johnson of The Preserve should get together to discuss this and if it is agreed upon, they would come back for a replat of the lots in the future. However, that potential action would not preclude the combining of lots at this time. MOTION Torjesen moved to close the public hearing on Northmark 5th Addition. Retterath seconded, motion carried 7-0. MOTION Torjesen moved to recommend to the City Council approval of the plat dated January 15, 1981 as per the January 23, 1981 staff report. Retterath seconded, motion carried 7-0. 21/ ! . • The- reserve January 13, 1981 Eden Prairie Planning Commission Eden Prairie City Council • City of Eden Prairie 8950 Eden Prairie Road • Eden Prairie, MN 55344 Ladies and Gentlemen: Northmark Second Addition was developed in 1975. At that time we felt that there might be some potential for residential land use east of the plat and road access to Fieldcrest Road might be needed. This was accomplished by dividin'j one lot into three outlol:s; the center outlet being 50' wide to accommodate street right of way requirements. Since then, the land to the east has been zoned for office use by Hartford and no access to Fieldcrest is desired or needed by all parties involved. The lot is served by sewer and water services and ready for construction, but no building permit will be issued because of the Outlet status. To clear this up we are requesting the three outlets be replatted to Northmark 5th Addition. We urge your prompt and favorable consideration. Very truly yours, Tilt PHI Sf kVl Lee W. Johnson • LWJ/j1 2:72_ • • 11111 A.I.hv un(;n(os l';nki-:,y Ftir, l mitre,Minnesota 55344 • (612)941.2001 1 1 R 1 0/2 '1 Hertford / (Proposed Office LComm•relal) \t, 'a r .,,, [<.,; , .- -liffirii,„. P ro Pos•tl C/1.I Y:J ,IPIc.y a � ,`g .y. 1 if .\-1I ' a/Jilt ,rm MuIIP• (•••• 1` �� =lYr / am! .. eI I ,a F ,y � • r 9, 4f a r. /, f I 'i,'" a � 111 �R/i .. -- � I l q R A A : ',,---.0`,,,, 7,077,-,1...;:_, ..,,,,,,. _iiii.vP-\-,'-4-i--{ --•— j /i,k t, i. t Andenban / ;at q ...bill ran, \ �.\ ..At I n 4 Lw. '!�(\a• �.'�' t ✓•'Syc'".a.`°'�. a synod.a.. ) i 1 1 y .' l l I ?c �� Y i .. r,.m.,.w# i sad �t • �' t` w i,�n,...,, AP•rtm.nt• t+jy. �# a r•,1 . y A Cit.. i fir;. ProPo.•tl t i j[r7, 11 I \y + / 1......, Condominium.A , ',.+\ 1%- "1 F. 1 'IC• A Orion � 'rl 1 r•. i Cg:'' `': b h � �Propoestl 't✓ ,..,e�I Nnll Lai• ° A ., u�1 -.4. ,i d I ' Andoroon LAMS �roVo.'tl I ProVo..d . D' h ‹ �`�: MuItIPI•t Muttl 1. - 1 .,"� \ S �'\ ♦ °\ P f• ✓ \ \\I .` 4 .;• \t f', .tom` \�( n. L..r • �\w�t .` \ �\K(; p\Y* / % `$7.3i' . ,✓• ✓. '7 / _ �'�\ ' `It�'�,,v j• v '. r \. t . .J `• la a y• I `bA1 t wT he Preserverfk a a 'od llili Andy l lh.,Parhw.ly ..A'/,r'r •• 1—f + ' Fcl,n i'r.l I tr1 mh•..ul,l .,n:I•Id 4 Ti 3 `'\+3 ti cA..r'�� -_ (,1l)rJ•II:U01 N i I. ruti-1 AE • STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: January 23, 1981 • SUBJECT: NORTHMARK 5TH ADDITION PROPONENT: The Preserve PRDJECT LOCATION: East of Fieldcrest Road in Northmark II (see brochure) REQUEST: Preliminary plat approval combining three lots into 1 • REFER TO: January 13, 198I Development Submission Material These three lots were platted in 1975 as a part of Northmark II to allow for a potential road to connect to anticipated multiple residential to occur to the east. The lot in the middle was platted 50 feet wide and the lots on either side of it platted 15 feet wide each, to allow for either a 50 foot or 80 foot wide R.O.W. • Since office use has been approved to the east, this lot is no longer needed for potential R.O.W. If the lots are combined into 1, its dimen- sions will be 80' x 126' ± or a littleover 10,000 sq. feet. This size is comparable with other lots in the area. Construction of a home on this lot would allow Northmark II to finally be completed. The lot is zoned and the following setbacks would apply: • 10 foot-side yard setback on 1 & It, story houses 5 foot-side yard setback on garages 15 foot-side yard setback on 2 story houses 25 foot-front yard setback on cul-de-sac 20 foot-side yard setbacks on corner lots, but shall not conflict with front setback of adjoining lots RLCO1,1"!NPAT10_'l the 1'l;n1ning Staff recomrcnds approval of the request for preliminary platting, combining three lots into one to allo,r construction of a home. CC:ss 27(1 1 February .3„1981 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R81-31 • • A RESOLUTION APPROVING PRELIMINARY ' • AND FINAL PLAT OF NORTHMARK 5TH ADDITION • WHEREAS, the plat of Northmark 5th Addition has been sub- mitted in the manner required for platting land ender 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 requiremr-nts 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 CDUNCIL OF THE CITY OF ..EDEN PRAIRIE: • A. Plat Approval Request for Northmark 5th Addition is approved upon compliance with the recommendation of the City.Engineer's Report'on this plat dated January 28, 1981. • 8. That the City Clerk is hereby directed to file a certified copy of this resolution in tthe heioffsceaofhe Riste Registerd /or of Titles forrequired • 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. Crane, Clerk • CITY OF EDEN PRAIRIE ENGINEERING REPORT ON PRELIMINARY AND FINAL PLAT • TO: Mayor Penzel and Members of the City Council THROUGH: • John Frane, Acting City Manager FROM: Carl Jullie, City Engineer DATE: January 28,• 198I SUBJECT: NORTHMARK 5TH ADDITION_ PROPOSAL: The Preserve is requesting City Council approval of the preliminary and final plat of Northmark 5th Addition. This plat consists of 1 single family residential lot and is a replat of Outlot B, C and D, Northmark 2nd Addition. These Outlots were originally platted to provide future roadway access to the area now platted as Prairie Lakes Business Center (Hartford,) d is no longer in Northmark ded. This 2nd lot will conform in 2nd Addition. HISTORY: The preliminary plat for Northmark 2nd Addition was approved on May 6, 1975, per Council Resolution #981. Zoning to R1-13.5 for Northmark 2nd Addition, including Outlots B, C and D was finally read and approved by the City Council on May 6, 1975, per Ordinance #303. The Rezoning Agreement for Northmark 2nd Addition and referred to within this report shall apply to this plat. This agreement was signed on July 16, 1975. The final plat of Northmark 2nd Addition was approved on July 8, 1975, per Resolution 1013. This plat was reviewed by the Planning Commission and recommended for Council approval on January 26, 1981. VARIANCES: Variance from the minimum lot size and side yard setback is covered in the Rezoning Agreement. UTILITIES AND STREETS: Municipal utility service has been provided to this lot. Further extension will not be necessary. • PARK DEDICATION: The requirements for park dedication are covered in the Rezoning Agreement. BONDING: Bonding will not be necessary. RECOMMENDATION: Recommend approval of the final plat of Northmark 5th Addition, subject to the requirements of this report, the Re- zoning Agreement and the fillowing: 1. Receipt of fee for City Engineering services in the amount of $30.00. CJJ:kh • • • • MEMORANDUM TO: Mayor and City Council TNRU: Robert A. Lambert, Director of Community Services • FROM: Stuart A. Fox, City Forester C,F DATE: January 23, 1981 SUBJECT: Change Date of Public Nearing for the Condemnation of Diseased Trees from February 3, 1981 to Febraury 17,•1981 Staff was unable to complete all the necessary paperwork to comply with proper notification required by law in conjunction with the public hearing originally set for February 3, 1981. Staff requests that the public hearing be held on February 17, 1981. SAF:md • 27 7 • Minutes — Parks, Reoreation and .approved January 5, 1981 Natural Resources Commission —2— • ALL MEMBERS PRESENT. 1. Development Proposal —Basswood Terrace Larry Peterson was present representing the Preserve. Re located the project South of Preserve Park, and north of Basswood Road. The developer is requesting to rezone 5 acres to R1-13.5 and plat for 12 single family lots; and rezone 2.5 acres to RA 6.5 and plat for 14 duplexes (7 buildings). Peterson reviewed the path system. Lambert recommends approval with one addition--the path connection shown between the lots not be included as it is not necessary as a connection to the park. NOTION: Breitenstein moved to approve the Basswood Terrace proposal per Staff recommendation. Friederichs seconded the motion and it carried unanimously. Z1 q { approved Planning Commission Minutes -3- Dec. 22, 1980 MEMBERS ABSENT: Virginia Gartner C. BASSWOOD TERRACE, by The Preserve. Request to rezone 5 acres to R1-13.5 and plat for 12 single family lots; and rezone 2.5 acres to RM 6.5 and plat for 14 duplex units (7 buildings). Located North of Basswood Road and West of Black Maple Drive. A public hearing. The Planner stated that Mr. Larry Peterson of The Preserve was present to make the presentation. • Peterson reviewed the proposal and stated that the site will consist of �.� a combination of double bungalows and single family units. He also stated that • The Preserve agrees to grade the land needed for the City path. The Planner stated that the City is concerned with the drainage and feels that an additional sedimentation pond should be added. Levitt asked the significance of the sideyard setback variances. Peterson replied that they will maximize the single family area to allow larger homes in the area. Mrs. Kalin, 10905 Hyland Terrace, stated that she was concerned with Outlot A and also stated that she felt that there should be a network of pathways throughout the site. Sutliff asked if the pathways are to be asphalt. The Planner replied blacktop because the City's pathway in this area and The Preserve pathways are blacktop. MOTION 1 Bentley moved to close the public hearing on Basswood Terrace. Retterath seconded, motion carried 6-0. MOTION 2 Bentley moved to recommend to the City Council approval of the Basswood Terrace rezoning from RM 2.5 to RM 6.5 and R1-13.5 as per the material dated December 2, 1980 and the December 17, 1980 staff report with the addition of Exhibit A . (Trails exhibit - Preserve to build a trail along Basswood Road, a trail be- tween 1 the proposed duplex area and single family area north from Basswood Road to the part: site and then westerly through the park site to a point north of the middle of the adjacent condominium site. Also trail connections from the ends of the proposed cul-de-sacs, to the central trail). Retterath seconded. DISCUSSION Levitt moved to amend the motion with the deletion of the sideyard setback variances. Sutliff seconded, motion failed 3-3. Retterath, Bentley, and Torjesen voted no. Original motion carried 6-0. Levitt moved to amend the motion to eliminate number 5 of the staff report. Motion failed for lack of a second. MlION 3 Bentley' moved to recommend to the City Council approval of the preliminary plat cL tud December 2, 1980 as per the staff report of December 17, 1980 with the addition of Exhibit A1. Retterath seconded, motion carried 6-0. 2 d 10:�IN Parks. Recreation and Natural Resources Coawission IRON: Rob Lambert, Director of Community Services • MTV January 2, 1981 • • SUBJECT: Development Proposal Check List • ?muter: Basswood Terrace PROPONENT: REQuesrTo rezone 5 acres to to RI-13.5 $ plat for 12 single family lots; and rezone • 2.5 acres to KM 6.5 and plat tor 14 duplexes (7 buildings). • toarioN:c-..•h of Prrccme l Road. BACKGROUND: See Plannin, Staff Re ort Dated: PARKA AND RECREATION PLANNING CONCERNS 1. Type of development: Residential " 2. Number of units in residential development: 26 • 7.4 3. Number of acres in the project: 4. Special recreation space requirements: NOfC arts: CPnt to tilt, cn+,tlitst7_bpundary o---Pr-es.e e Parr S. Adjacent to any existing or proposed P _-(kdla the c Will increase the use of the park and require direct southern a, fcS �ccsson for �icu est pans. 6. Need for a mini park:________Na. 6 7. Cash park fee or land dedicationtN/A - Prg_u e pU� j existing ordinance will total: N/A a. If Cash park fee dedication, amount based on N/A b. If park land dedication, the number of acres to be dedicated is I c. Existing or pending assessments or taxes on proposed park property total N/A and will be paid prior to dedication. 4 R. Adjacent to cxistine, or proposed trails: P(`1�4_aI2,1i11-trail prnhO. ssweGd-Rd. Also a proposed tram c t f., leading to the park. g, Type of trails cc e rial hlk4 • b. Construction f•latcrial Asphalt. - li c. Width of trail•_ Cu feet l I)ev'C10 er l d. Party responsible for construction. P c. Landownership of trail location:(dedieated, purchased, ROW) In t)lr Tipht-of-t.ny along i Basswood Road i; in the dedicated outlet.. TAIUfl L to soui:ctt ru 5:_i:1't_TIOv_r0';r'f.P,y1 / i 1. Site grading plan considers natural amenities of the site'N A ---- t al:ex ,lace The most significant grading t 2. Most significant rut and fill depths on the site arc:_ ___________ " in the rchaping of the northern bank sloping into Proserv_c' Park._ • ) /, I • . • ' • $, Significant vegetation on the site includes: N/A • 4. ma site grading plan indicates preservation of: N/A S. Adjacent to public waters: N/A . a. Affect on waters: N/A REFERENCE OIECK 1. Hajor Center Area Study: Refers to this area an Precer_te rrc.41c.ntia1 • 2. Neighborhood Facilities Study: This residential area will be served by the Preserve • Neighborhood Park. 3. Purgatory Creek Study: N/A 4. Shoreland Management Ordinance: See Planning Staff Report dated December 18, 1980 (page 3) S. Floodplain Ordinance: N/A 6. Guide Plan: Shows this area as medium density residential • 7. Other: N/A • RECOgMEN TIONS I. Adjacent neighborhood type, and any ncighhorhood opinion voiced in favor or opposed'to the project: Some concern was voiced regarding trail connections to the neighborhood park_ 2. Planning Commission necomcndation: On Dec. 22, 1980, the P1anninp Commicsiof_ Cemrlcrided approval—eL_Daaswood Tcirice as_1u=r._thc_wItotial_date•I th -llec. 17, 19SO staff report, with the addition of A-1 (trails exhibit). 3. Community Services Staff Recommendations:Cnrunullit)'.�f L1�-CtS=L�ff 1CCialinmenrtc npreol of the zoning and plattiiii of basswood Terrace contingent upon the Planning Staff Report dated Decc, 1S�19SO with the following adsl_itipl1s: 7. The Preserve to build a 6' asnhnit trail alone liatLswoilL.11oat.Land a (\!_asphalt trail between the proposed duglex area and the single family area within ^ilutTot. ;f irom basswd-Odbo.nd to the park site and then westerly through the park site to a point north of the middle of the adjacent condominium site (Cor ,,unity Services staff opposes a trail connection from the ends of the proposed cul-de-sac to the cent ral trail). 2'6 2 • C • C • STAFF REPORT • . •• TO: • Planning Commission 'FROM: Jean Johnson, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: December 18, 1980 PROJECT: BASSWOOD TERRACE APPLICANT: The Preserve REQUEST: PUD Development Stage approval 1. Rezoning from RM 2.5to R1-13.5 for 5 acres for 12 lots. 2. Rezoning from RM 2,5to RM 6.5 ,for 2.4 acres for 14 lots. 3. Preliminary plat approval of lots. • LOCATION MAP :.--Z2-.=.1-:.-------.•:,-. 7-ry.y:..--,,r.r 44) C:WEG . • I r Ti 17;:;, 0 FC. f({ "EG•- 7. t Pt./9 12 `c'.Y r:•:ry_.- rr,,,rn,r 7.(/�7S. �+'.,,, � �!��-1 � J_fi, i f "- _ / jjjjl `ice ��..n_.•1 1 t.—,,, ,..+•-r F:�/! _ ' �.. _ .r _ 7, • Northniark r i., -----,,-rsrsr-.:::...„. (19. Quadti �, 1 ?., II ,71 `� ti� '+�+ Q Quads .1';`••_-: . Ri'.1 ;t a —.. ...t. '.. -L".111_,+1-_-:“ ;,� - .) 1 t .1 _lLL i I reserve : ���1 � Ali l�l �1,•� �'iJ� i Nesbitt �-;;. \. �./ - ;• 2 7/ vfy`� � \', ,- , ,f,t� Park ,\l • 1�irt• \\�'\i; Ir-f') ,j 1 II C2.1 j I;�,„W,n„ra,►•y Y; �`I nt,,,I.4 Mill i lnl 1 ;\,n,f- r1 1:1, i .:. t_.-, -...,,\,): J ( -� V y_ t t J Jr V1Jt �;tt1 I , •.:+*E r ��� l fir. r j t i 1! r 11 ___lam/ / - J R 1' V'1- 41.l '' �' _ V 1 ;�. !'' ��,, v ii Staff Report-Bass;4 ,d Terrace page 2 BACKGROUND The site was planned for apartments and townhouses in The Preserve PUD. The area was zoned RM 2.5 in 1974. In August of 1980 this property was part of the Prairie Lakes Condominium application. During the review process, The Preserve withdrew these approximate 8 acres from the proposal. They were final platted as outlot A of Anderson Lakes Addition. The ,Eden Prairie Guide Plan depicts this site as medium density residential. ORDINANCE REQUIREMENTS The density of the single family plat• is 2.4 units/acre. The density of the duplex area is 5 units/acre. The overall density is 3.11 units/acre on 9 acres, Two lots in the single family plat are below 13,500 sq. ft, and should be brought up to at least 13,500• sq. ft. to meet minimum ordinance requirements. The Preserve is requesting the following variances: 5' minimum sideyard to garage • 10' minimum sideyard to 1-11 story hosue 15' minimum sideyard to 2 story house 20' minimumfrontyard to dedicated public street The 20' minimum frontyard setback to a public street on a corner lot would not be necessary if the duplex lot at the intersection. were enlarged. The lot only has 35' of building area if a 30' set back is maintained from both streets. The 20' frontyard setback on corner 'butt lots' has been utilized on a few lots in Northmark Second Addition and for 2 lots on Bentwood Drive in Basswood. (see figure 2). None of these lots are in proximity to proposed Basswood Terrace and therefore allowing a 2u' setback would have a visual impact upon the neighborhood. A 40' side utility easement runs north and south through Block 2. No house construction over this casement is permitted. This will effect building upon lots 1, 8 and 9. SITE PLAN The site grading and drainage directs water flow to the catch basins in the cul-de-sacs which discharge to the park site. Some backyard drainage flows directly to the park site. Utility and drainage plans will be subject to review and approval by the City Engineer. Outlet A, located between the single family and duplex blocks, is proposed as a trailway connection from Basswood Road to The Preserve - Nesbitt Park. The trail should be constructed of asphalt, 6' wide, by The Preserve, with a grade not to exceed 7':". The Preserve should work with the. City Community Services Director on the design and location of the trail (see figure 1). it is possible that the trail 'nay have to utilize area from the back of two duplex lots in order to spread the,drop in grade out over a longer distance to insure a 7'." grade ordess. . ' Staff Report-Bassv' 4d Terrace Y.- page 3 i Both cul-de-sacs will connect to Basswood Road which intersects with Anderson Lakes Parkway. Due to the elevation of the lots being higher than the park area, erosion control measures are essential to protect the park and drainage swale from soil runoff. Immediate revegetation of disturbed areas and a control barrier is required. '. Shoreland Ordinance The eastern most lots of Block 1 are within 1,000 feet of Anderson Lakes. The lots in the proposed plat are not abutting lots and meet zoning ordinance requirements. CASH PARK FEE The Preserve has met their land in lieu of cash donation and ' therefore this plat will not be required to pay the cash park fee. A lineal piece of land exists between the lots and the park, labeled outlot B in figure 1. The Preserve should work with the City Engineering and Community Services Department to design .and construct necessary storm drainage improvements. The Preserve should dedicate the lineal piece of land to the City for ownership and maintenance. FINDINGS AND CONCLUSIONS The requested zoning and platting is consistent with The Preserve PUD and City Guide Plan. The combination of single family (east 1) and duplexes (west z) responds to the existing surrounding land uses of single family to the east and condominiums to the west. RECOMMENDATIONS The Planning Staff recommends approval of the zoning and platting of Basswood Terrace contingent upon the following: i 1. Utility and drainage plans he subject to approval by the E City Engineering Department. ) 2. A grading and soil erosion plan be submitted to the Watershed i District for review and approval prior to grading or building. ' 3. That a pathway consistent with the conditions of this report f be constructed within outlot A. 1 4. That all lots meet minimum lot size requirements in the final plat. 5. That as part of The Preserve PUD, the requested setback da Variances be approved except for the 20' minimum frontyard on a corner "butt lot". j 6. 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(,; 'tl J. 4ti,n ,�� •'*�Ot�\�. �.,e`,� "�'4,3? •'! `\� t FIGURE 2 7) I • The reserve December 1, 1980 Eden Prairie City Council Eden Prairie Planning Commission City of Eden Prairie 8950 Lden Prairie Road Eden Prairie, MN 55344 • Attention: Chris Enger, City Planner Ladies and Gentlemen: Per the attached exhibits The Preserve, as fee owners, is applying for preliminary plat and rezoning approval on two parcels located within Outlot A of the new Anderson Lakes Addition (recent replat of Lot 1, Block 6, Basswood Forest). The parcels lie south of Nesbitt City Park, • east of the Prairie Lakes Condominiums, north of Basswood Road and the Basswood Townhouses and west of Black Maple Drive and the Basswood Forest subdivision. The land was previously zoned RM 2.5 with a mixed • land use of corridor and cluster design rental apartment units. The application consists of two rezonings. The westerly portion, ad- jacent to the Prairie Lakes Condominiums is proposed for RM 6.5 rezoning to seven double bungalow lots on a 320' cul-de-sac that has access to Basswood Read at the entrance to the Basswood Forest Townhouses. The easterly portion, adjacent to the Basswood Forest subdivision, is pro- posed for RM 13.5 rezoning to eleven single family detached lots on a 350' cul-de-sac that has access to Black Maple Drive at the entrance of the existing cul-de-sac. The prelim n.iry plat tar the single family portion is for 1? lot.,. Lot 1, Blorl. 1, Basswood Forest is added to the preliminary plat in order to balance the troutayes along Black Maple Drive. This land has been reviewed and approved for development in PUU 70-3 and The Preserve Environmental Impact Statement. There is negligible vegi- tatiun, since the land was previously hellivatr•d Iield and pasture. The only apurr, iabir land alleral.inu i , gr.idimf whit!' ,I-urrally consists of r.ut next to li,r,:.wuo,1 Road , lit I III n ..t. to scat,ill Pork, however, the magnitude et grading is nut signitican; ly greater than the previously approved rental apartment site plan. Pedestrian walkways are proposed on the north side of Basswood Road and through the Outlot between the double bungalows and t.im single family detached. Public utilities are ad- jecel l to It,,, ,it,- r,nd already a,.,s ;,uiit.ary sewer, water and storm ;ewer hic.r,V,,m,nr•. will Lc io•.lall,l by Ih, I'rro rvi• 4,ay.i tent with City anti Walcishrd design r,•guicenvils. Ilir ad,ja,t-nl .uljdivt.ions of Basswood • • • • -2- f 1 Forest and Northmark Second were granted variances from the sideyard Setback requirements of Ordinance 135 as part of the overall consider- ation of PUD 70-3 design. Consistent with these past approvals we re- quest the same variances for this down zoning request as follows: 5' minimum sideyard to garage 10' minimum sideyard to 1 - 1", story house 1b' minimum sideyard lu 2 story Rouse 20' minimum sideyard to dedicated public street This proposal is the result of a number of meetings with the adjacent residents of Basswood Forest and Northmark Second during the design review and replatting of the Prairie Lakes Condominiums. The design has the endorsement of these residents and we urge your prompt and favor- able action. Respectfully submitted, THE PRESERVE >L'd Lee W. J son Vice President - Engineering LWJ/j1 Attachments • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-33 RESOLUTION APPROVING THE PRELIMINARY PLAT . OF BASSWOOD TERRACE BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of — Basswood Terrace dated December 2, 1980 , a copy of which;-on file at the City Hall and amended as follows: is found to be in conformance with the provisions of_the_.Eden_Pralrie ._ Zoning and Platting ordinances and amendments thereto and is herein approved. ADOPTED by the Eden Prairie City Council on the ". day of _. 19_ Wolfgang H. Penzel, Mayor John D. Frane, City Clerk SEAL 9 f • February 3, 1981 • STATE OF MINNESOTA L OF EDEN PRAIRIE ' COUNTY OF HENNEPIN The following accounts were audited and allowed as follows: 4804 VOID OUT CHECK $ (967.50 ' 4969 WELCH VILLAGE Ski Trip-Rec Dept. 352.00 4970 HMO SERVICES Insurance 131.30 4971 HMO SERVICES Insurance 1,474.16 4972 GROUP HEALTH PLAN Insurance 1,156.37 4973 BLUE CROSS INSURANCE Insurance 588.65 4974 PHYSIrIANS HEALTH PLAN Insurance ' 6,399.74 ' 4975 TWIN CITY WINE CO. , • Wine 239.66 4976 MIDWEST WINE CO. Wine 25.50 4977 GRIGGS, COOPER & CO., INC. Liquor 1,308.64 497E JOHNSON BROTHERS WHOLESALE LIQUOR Liquor 1,116.01 4979 OLD PEORIA COMPANY Liquor 842.26 4980 BUTCH'S BAR SUPPLY Supplies-Liquor Store 54.60 j 4981 ED. PHILLIPS & SONS CO. Liquor 1,277.52 4982 HAPPY TYME DIST. Mixes 315.15 4983 INTERCONTINENTAL PACKAGING CO. Wine 316.31 4984 COMMISSIONER OF REVENUE Fuel tax-December 1980 375.87 4985 >ART GLESSNER Supplies-Police Dept. 362.10 4986 MINNESOTA POLLUTION CONTROL Fee-Street Dept. 70.00 49"7 DWORSKY BARREL CO. Chemical shipment container 27.10 4. , SHAKOPEE BAKERY Expenses-Police Dept. 57.5 4989 UNIVERSITY OF MINNESOTA Fee-Park Dept. 12.O0 4990 STUDENT EMPLOYMENT SERVICE Registration fee-Rec Dept. 4.00 4991 UNIVERSITY OF MINNESOTA Conference-Newly elected City.Council member 35.Ot! 4992 NORTHERN STATES POWER CO. Service-Engineering Dept. 1,6DO.OG 4993 ED. PHILLIPS & SONS CO. Liquor 2,B47.92 4994 JOHNSON WINE CO. Wine 230.44 4995 GRIGGS, COOPER & CO., INC. Liquor 2,235.12 4996 OLD PEORIA COMPANY, INC. Wine 938.29 4997 1WIN CITY WINE CO. Wine 189.8i 499E MINNESOTA DISTILLERS, INC. Liquor 1,176.31 4999 BUTCH'S BAR SUPPLY Supplies-Liquor Store 28.20 5000 PAUSTIS & SONS Wine 192.05 5001 INTERCONTINENTAL PACKAGING CO. Wine 110.74 5002 MIDWEST WINE CO. Wine 443.52 5003 COMMISSIONER OF REVENUE December Sales & Use Tax 3,842.20 1 5004 U.S. POSTMASTER Postage-Police Dept. 300.00 5005 MINNESOTA STATE TREASURER Fee-Public Safety 3.33 5005 B. DALTON BOOKSELLER Books-Police Dept. 87.50 5007 HIDDEN PONDS SECOND Mini Rink Lease 1.00 5008 HIDDEN PONDS DEVELOPMENT, INC. Mini Rink Lease 1.00 5009 MINNNESOTA URBAN TRAFFIC Et7G. Registration-Street Dept. 20.00 5010 WELCH VILLAGE Ski Trip-Rec Dept. 93.00 5011 PETTY CASH Postage 9.42 50'2 A & H WELDING & MFG. CO. Repair housing, bracket support for vacuum 108.15 line-Fire Dept. 5013 AMERICAN FORESTRY ASSOCIATION Dues-Community Service 15.00 . l • Par two , Feb.dary 3, 1981 .. 5014 AMERICAN PLANNING ASSOCIATION Book-Planning Dept. 11.05 • 5015 EARL F. ANDERSEN & ASSOCIATES Reflectors-Bikeway 10.20 5016 RON ANDERSON Wiring fire trucks 52.80 5017 AUTOTRAAC Equipment repair & parts 101.00 5018' KEVIN BADENHOP Refund-Rec Dept. 6.00 5019 JIM BERGSTROM Expenses-Police Dept. 13.62 5020 MARGARET BERNTSEN Refund-Rec Dept. 13.00 5021 HELEN BIERINGER Refund-Rec Dept. 13.00 5022 BLACK & VEATCH Service-Water Treatment Plant 19,937.06 5023 BLOOMINGTON LOCKSMITH COMPANY Keys-Police Dept. 7.50 5024 BRAUN ENGINEERING TESTING, INC. • Service-Cardinal Creek,Industrial Blvd. 1,247.86. 5025- - LISA BUCHHOLZ Refund-Rec Dept. 11.00 , 5026 BUSINESS FURNITURE, INC. Bookcase-Police Dept. 144.00 5027 CAROL CARLSON Refund-Rec Dept. 13.00 5028 JOHN CARLSON Refund-Rec Dept. 8.00 • 5029 CASH REGISTER SALES, INC. Supplies-Liquor Store 115.90 5030 CHANHASSEN LAWN & SPORTS Chain sharpeners-Community Service 14.24 5031 CLUTCH & TRANSMISSION SERVICE Air brake relay repair kit-Equip. Maintenance 11.94. 5032 COLUMBIA TRANSIT CORP. Charter bus-Rec Dept. 267.00 5033 COPY EQUIPMENT, INC. Chicago SF Rod, 2 fold away warning signs- 265.40 Engineering Dept. 5034 CURTIN MATHESON SCIENTIFIC, INC. Lab Supplies-Water-Dept 216.65 5( WARD F. DAHLBERG Mileage 8.36 • 50ao DALCO Garbage bags, vacuum hose-Fire Dept. 319.35 5037 NANCY DALLiVER Refund-Rec Dept. 26.00 • 5038 DAVIES WATER EQUIPMENT CO. Water meters 5,137.71- 5039 DORHOLT PRINTING & STATIONERY Office supplies • 2,058.6 .5 5040 EDEN PRAIRIE SCHOOL DISTRICT #272 Service-Community Education 6,100.G.:: 5041 EDEN PRAIRIE SCHOOL DSITRICT #272 Fuel-Street Dept. 12,949.7' 5042 ELVIN SAFETY SUPPLY, INC. :- acce Park Dept. 146.51 5043 FEED-RITE CONTROLS, INC. ^Sulfate-Water Dept. 2,766.C: 5044 FINANCE DIVISION Fees-Community Service 8.Cc 5045 FIRE INSTRUCTORS ASSN. OF MINN. Fire training manuals 476.1)2 5046 FLAHERTY EQUIPMENT CORPORATION Repair electric generator-Fire Dept. 250.11 5047 KAREN FLOM Refund-Rec Dept. 13.07- 5048 SCOTT GALLAGHER Refund-Rec Dept. 42.Y 5049 GARDNER HARDWARE CO. Kickplate-Water Dept. 93.27 5050 GENERAL CONdUNICATIONS, INC. Equipment repair & parts • 149.31 5051 DANA GIBBS Packet delivery 211.0'2 5052 REID GORDER Refund-Rec Dept. 6,C'. 5053 GREAT WESTERN SCHOOL SUPPLIES Office supplies 75.3_. 5054 WLS GROOT'WASSINK Basketball scorekeeper-Rec Dept. 84.0, 5055 IINDA C,UILLE Refund-Rec Dept. 13.0 506 GUNNAR ELECTRIC COMPANY Service-Forest Hills Hockey Rink 65.37 5057 • JACK HACKING Expenses 53. :` : 50f,8 HAWN GLASS Windshield, rear view mirror-Street Dept. 98.; 5n:;9 HARRISON HOUSE Bucket seats-Street truck lOO.L n I"CI;NCPIN COUNTY FINANCE DIRECTOR Reset signs-Cty Road 1 Bikeway 195.7 5GG1 Ili..NI PIII NUM FINANCE DIRECTOR Signs-Anderson Lakes Parkway 248.71. 5062 HOPKINS EIRCSTOSL DLAILR STORE Equipment repair and parts 89.;:- 291 1 • Pa three February 3, 1981 . 5063 HAL HOUGHTON Basketball Scorekeeper-Rec Dept. 84.00 5064 HYDRAULIC SERVICES INCORPORATED Repair pump-Park Dept. 124.23 5065 IMPERIAL, INC. Bolts & nuts-Water Dept. 140.0E 5066 CAROLYN INGMUNDSON Refund-Rec Dept. 26.00 5067 INTERNATIONAL SOCIETY ARBORICULTURE 1981 Dues-Community Service 55.00 5068 INTERNATIONAL SOCIETY OF FIRE Dues-Fire Dept. 30.00 5069 LINDA JIRAN Refund-Rec Dept. - 5.50 5070 KEN JOHNSON PRINTING, INC. Business cards-Police Dept. 270.07 5071 JUDSON FAMILY CENTER, INC. Tests-Police Dept. 328.00 5072 KELLY SERVICES, INC. Temporary help-Finance Dept. 357.8E 5073 KRAEMERS HOME CENTER • Pipe, paint-Fire Dept. 71.1E 5074 LANG, PAULY & GREGERSON, LTD. Service-Cable TV • 3,331.10 5075 LANG, PAULY & GREGERSON, LTD. Service-December 1980 9,698.91 • 5076 BRAD LARSON Basketball scorekeeper-Rec Dept. 84.0E 5D77 LEAGUE OF MINNESOTA CITIES 1981 Subscription 1,880.0 ' 5078 LOGIS 1981 Service 7,000.0 5D79 BEV LOVAS Refund-Rec Dept. 13.0G 508D CAROLYN LYNDAL Refund-Rec Dept. 12.00 5081 MACQUEEN EQUIPMENT INC. Equipment parts-Street Dept. 152.31 5082 MAGNEY CONSTRUCTIDN CO. Service-Eden Prairie Community Center 37,410.C: 50B3 ROBERT MARTZ Expenses 113.8 5024 JACK MCCLARD & ASSOC., INC. Equipment repair & parts 49.8 5 CAROL MCDANIELS Refund-Rec Dept. 20.60 50B6 PAULA MCQUILLEN Refund-Rec Dept. 5.5' 5087 MERIT PRINTING Building permit forms 163.21 5038 METRO FONE COMMUNICATIONS, INC. Service 59.0i 5089 METRO PRINTING INC. Forms-Animal Control 107.0e 5090 METROPOLITAN CLINIC OF COUNSELING Service 261.{'.'. 5091 MMETROPOLITAN WASTE CONTROL December 1980 SAC charges 41,578.5 , 5092 MID-CENTRAL FIRE INC. Fire coats, 'safety hats-Fire Dept. 2,581.5 5093 MINNEAPOLIS S1AR & TRIBUNE Employment ads 778.E0 5094 MINNESOTA FIRE INC. Breathing mask parts-Fire Dept. 437.5. 5095 MINNESOTA GAS CO. Service 3,898. 509E MINNESOTA GOOD ROADS, INC. 1981 Subscription-Engineering Dept. 55.C'. 5097 MRPA-TOURNAMENT ENTRY Basketball tournament-Rec Dept. 120.0U 5098 MINNNESOTA RECREATION & PARK Employment ad-Rec Dept. 70.M, 5099 MINNESOTA 10RO, INC. Fuel gauge-Park [)ept. 29.0` 5100 MINNESOTA VALLEY ELECTRIC Service 18.3i: 5101 MANY h':OtOSKY Refund-Rec Dept. 13.0;. 5102 MUN'JCI-I'ALS ASSOCIATION Dues 5.C. 5103 NORTHERN AUTOMOTIVE COMPANY Equipment repair & parts 53.2° 5104 NORTHERN FORD ENGINES, INC. Equipment repair & parts 97.E 5105 NM-H[1PN STATES POWER COMPANY Service 6•',' 5105 NORTHl IN STATES PD'WER COMPANY Service 7,012.4r 5107 NOVH'::R^d STATES POWER COMPANY Service 1,491.7:. 5103 NORU !ESTLRN, BELT. TELEPHONE Service 1,531.1 : 5 r•,a O1.S':N CHAIN Y, CABLE Cable, drill set-Coi 'unity Service 49'-'y El i PETTY CASE-I'U1sLIC SAFETY Expenses 13.:::4 5111 PO'rti'R SYSTEMS Supplies-Street Dept. .8•4_: 5112 PRAIRIE LAWN & GARDEN Snow blower-Fire Dept. 374.t • 1. 1 PI four , February 3, 1981 5113 PRAIRIE OFFSET PRINTING, INC. Daily log sheets-Police Dept. 243.30 5114 REGISTER PUBLISHING COMPANY Ads-Liquor Store 38.25 5115 E.J. REINIER Overpayment on kennel license 12.00 5116 RIDGE SQUARE SPORTS Volleyballs-Rec Dept. 51.40 5117 ROAD MACHINERY & SUPPLIES Equipment rental 2,250.00 511B MARK ROBIDEAU Employment exam-Police Dept. 77.50 5119 ROLL TANK COMPANY Stainless Steel Tank-Fire Dept. 195.02 5120 ROOT-O-MATIC SEWER SERVICE Service-Valley View & Mitchell Road 86.25 1 5121 DEBBIE SABAKO Refund-Rec Dept. 13.00 5122 WILLIAM SCHROEDL Refund-Rec Dept. 24.02 5123 DIANE SIMONS • Refund-Rec Dept. 12.0C i 5124 W.E. NEAL SLATE CO. Bulletin boards, room divider-Fire Dept. 356.0. i 5125 W. GORDON SMITH CD. Antifreeze, washer fluid 579.51 5126 MARK SMITHSON Refund-Rec Dept. 2.0' i 5127 SOIL EXPLORATION COMPANY Service-Round Lake Park Shelter 747.62 J 512E SOUTHWEST SUBURBAN FIRE LEAUGE 1981 dues-Fire Dept. 25.0i: r 5129 SPRAYCO INC. ,Supplies-Street Dept. 8.1C 5130 STARKEY LABORATORIES Refund-Contractors license 25.00: 5131 STATE TREASURER 4th quarter 1981 Building permit surcharge 9,887.9' --5132.-.- - NATHANA STENEMAN - - •-- Supplies-Rec-Dept.-- ------- - - 10.9 j 5133 SUBTERRANEAN ENGINEERING INC. Service-Cardinal Creek 381.63 5134 SUBURBAN CHEVROLET CO. • Equipment repair & parts 481•C'-- i 5( ' SULLIVANS SERVICES, INC. Service-Research Road 50.00 1. 5136 SWEDE'S BODY SHOP Equipment repair-Park Dept. 153.0C i 5137 GARY THILL Refund-Rec Dept. 12.0 5138 CARRIE M. TIETZ Minutes-Park & Rec meeting 48.0 ! 5139 TWIN CITY OXYGEN CO. Oxygen-Water Dept. 25.S.. 5140 TWIN CITY TESTING Service-Chatham Woods 100.0 l;. 5141 UNIFORMS UNLIMITED Uniforms-Public Safety 5,366.22 1 5142 WALL STREET JOURNAL 1981 Subscription 77.0C 1 5143 ALANA WAIUORTH Refund-Rec Dept. 6.(0 t. 5144 BECKI WARNER Mileage 11.4" 5145 SCOTT WEEINZAPFEL Basketball Scorekeeper-Rec Dept. 84.0" 5146 CHESTER WYATT Refund-Sewer & Water bill 23.0C ..1 5147 SANDRA F. WERTS Mileage 37. 5148 XEROX CORPORATION Service 87.0C 4 5149 GINNI ZELLER Refund-Rec Dept. 5.5C i :. 5150 ZCP MANUFACTURING COMPANY Chemicals-Street Dept. 141.9 1� 5151 DIRECTOR OF PROPERTY TAXATION Prints-Engineering Dept. 600.0 5152 CHRIS MLR Expenses 102.2: ! 5153 JOHN FRANE Expenses 113.E . 5154 MINNESOTA FIRE INC. Hose bridges, air mask-Fire Dept. 776 5155 Fl DL RAl RI SERVE BANK Payroll 15,239. 5156 HF1AH10ON1 OF IWULOYLFS RELATIONS Payroll 13,657 5157 CO"tI5sION[R OF HLVI RUE Payroll 8,348.3., 5153 AllilA LIII INSURANCE & ANNUITY Payroll 180.0•-- 5159 PERA Payroll 10,431.1 1 UNITED WAY OF F'INNLA0O1.iS Payroll 52• 5151 SUBURBAN NATIONAI. RANK Payroll 15O.G_: ! i • Pa 4 Five • February 3, 1981 5162 WESTERN LIFE INSURANCE Insurance 349.02 5163 STATE TREASURER, STATE OF MINN Fee-Water Dept. 60.00 TOTAL • ,""zqg CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-14 • • RESOLUTION DEFINING RESPONSIBILITIES OF THE HUMAN RIGHTS AND SERVICES COMMISSION RELATING TO THE REVIEW OF HUMAN SERVICE PROPOSALS • WHEREAS, the City of Eden Prairie, by adoption of Ordinance No. 111, has established a Human Rights and Services Commission for the purpose of advising the City Council on matters pertaining to human service activities, programs and facilities, and WHEREAS, the Human Rights and Services Commission, in cooperation with the South Hennepin Hunan Services Council, and the cities of Bloomington, Edina and Richfield, is conducting a Study of Human Service Needs in South Hennepin County which includes the following broad areas of human services: a. child/adult protection b. personal public health . c. senior programs d. chemical dependency e. . youth services f. mental health (r ��r g. information/referral and coordination ;�'/ h. community/public education and prevention i. financial/emergency assistance/welfare 4. i' j. mentally/physically handicapped k. transportation (for special populations) lF 1. child care/day care yi m. housing (for special populations). \ NOW, THEREFORE, BE IT RESOLVE]] that the City of Eden Prairie does rc`celni c that the ilumin nights and Services Commission shall he t respons.i.ble. for-,reviewing ail proposals regarding the development of mud/or funding of activities, programs and facilities pertaining; to but. not. limited to t.hc above mentioned areas of human services, ttnd for making recommendations to the City Council. —ADD, by the City Council of laden Prairie this day of , 1981. Wolfgang H. Penzel, Mayer 1 ( 1 J ,hit I% It:m-e, Ciri1-.__-. — `SAL i 1 l . DERRICK LAND COMPANY • 1770 SHELARD TOWER, MINNEAPOLIS,MINN.55426 II PHONE 612/546-2276 29 January 1981 Mr. Chris Enger EDEN PRAIRIE CITY OFFICES 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Chris: Attached are copies of my letters to our three neighbors. We have not had a response to date. We thought we had gone the extra mile in these negotiations, but per- haps we can go more. Perhaps some of the neighbors will call before Tuesday. Sincerely yours, W. Kurt Laughinghouse Derrick Land Company WKL:slh enclosure cc: EP1V LAND DEVELOPERS DERRICK LAND COMPANY 1770 SHELARD TOWER, MiNNEAPOLIS,MINN. 55426 PHONE 612/546-2276 23 January 1981 'Mr. David Olson EDWARD M. COHEN & ASSOCIATES 1330 Shelard Tower St. Louis Park, Minnesota 55426 • RE: Ray & Marlene Auwerter/ Eden Prairie property Dear Dave: This is to follow up on the City Council meeting of 20 January 1981 and our conversation of 21 January 1981. We understand the situation as follows: 3. Our company has offered to install a timber retaining wall along your clients' property line (but on our property) and to install a privacy fence of approtimat00y fifty feet, or, at your option, to pay your for necessary landscaping/screening; and 2. Your clients continue to oppose any building permit issuance on other grounds. As I mentioned on the phone, we are available at your convenience to discuss these matters further. Please give me a call. Sincerely, W. •Derr ick Land Company cc: EP/PP (Auwerter) C,CoCr'c!•/ALL,a:pl • is r■rr' -I DERRICK LAND COMPANY ■■■■■■ ' ■■■r■■ • '! 1770 SHELARD TOWER, MINNEAPOLIS, MINN. 55426 ■■■s■■ • `?? PHONE 612/546-2276 . ■■■■r■ • 23 January 1981 Mr. & Mrs. Donald H. Braun • 15501 Park Terrace Drive Eden Prairie, Minnesota 55344 • Dear Mr. & Mrs. Braun: This is to follow up on the results of the City Council meeting of 20 January 1981.. . We want very much to discuss further with you landscaping/ screening plans, along the rear lot line of your lot, that would be mutually agreeable. We are willing to meet with you at any convenient time and place. Please call me at the office, or at my home (.944-1533) at your convenience. Sincerely, • • W. }:urt Lau.aim,,mouse Derrick Land Company - cc: EP/DF F;rrrrC. /.`.wCgii.r•.(7K- • • • 2`) , Y ♦ ■omIN : __• DERRICK LAND COMPANY ■ ■■■■ . i • ■••••• ; 1 770 SHELARD TOWER, MINNEAPOLIS,MINN.55426 1 �' PHONE 612/546.2276 ���r�t• 4 • ; • 23 January 1981 4 it Mr. Rolf L. Erickson •15519 Park Terrace Drive t Eden Prairie, Minnesota 55344 , f I • Dear Mr. Erickson: 1 t This is to follow up on the results of the City Council meeting of 20 January 1981 and our phone call of 22 January 1981. My understanding from the phone call is: . 1. That you do not wish to discuss the need for screening until after the decision as to whether the building permits are approved is made; and 2. That you continue to oppose the building permits based on the orientation of the houses at the back of your i I house. We would still be interested in sitting clown with you and coming j to an agreement. If you fee] this is possible, please call me at i the office or at my home (944-]533). ' i Thank you. • Sincerely, Glf q- I W. Kurt I.ab1shinp,heusc Derrick Land Company i cc: I I/I) (En (.k on) i • Council Meeting__----_—.-_--2- _--. --_ May 22. 1973 • V. PUBLIC HEARIT•!GS: A. Condor Corporation, request for rezoning from Rural District ( to 1-2 Industrial Park for land west of :•!ashington Avenue and south of Valley View Road. • Mr. Heinrich informed the Council that a resolution to the road • problem had not been reached and it was requested that the hear- ing be delayed until June 12. Fir. Penzel moved that the public hearing be rescheduled for June 12. 1973. Mr. Boerger • seconded. Motion carried B. Land Division on Plat 56976. Parcel 1500 requested by Mr. ��} Warren Shu tz. Po official public hearing required. Oppor- t�\ tunity for neighboring residents to comment.) 1A Members of the Village Staff reported that the land division does not violate any Village Ordinances and recommended approval of the request. • l•1r. Shultz stated that .he purchased the land from the Kurtzes and up until that evening he himself had not been contacted. in re- gard to the purchase of the Tand by the residents of the area. He felt that a similar request by any other developer would be ( granted and it was his hope that he would receive approval. Mr. Jeck�Rurke reported that a regular letter had been sent- to • - the Kurtzes With no response and a second letter sent registered received a telephone response indicating that the land had been sold but not to whom. He further felt that the area could not be adequately serviced by fire or snow removal equipment and • • that the concept would defy the backyard to backyard planning concept. Mr. Rosholt, attorney representing the Paradise Valley residents, indicated that the lots would not meet Village requirements if the proper size road were built with the cul-de-sac. Proper . screening was not included with the rcquest for land division. Mr. Putnam explained that Mr. Shultz's original subdivision of five lots had been rejected and the matter before the Council vas a ufir-rc• land riiyicinn. if and %Ann Mr. Chnitz nnnlied for hu;l^_ ing permits, proper screening as well as other Village Staff re- I cluirem nt:s would be recommended. Mr'-.. rl'f•yrrs riuvrd to endorse the administrative action of the Village to gram iir. Shultz 's request for land division based on the Village Assessor's memo of April 20, 1g73, Mr. Buerger seconded. All voted aye with the exception of Mr. McCulloch who vetcd nay. notion Carried. + k Mr. Cc'ierich r-ens instructed to inform the building inspector to strannly recommend heavy buffering between the roadway and Para- dise Valley lots when building permits were requested. )(:1 J Council Fleeting -3- May 22, 1973 A. In consideration of traffic on County Road 4 between Kurtz Lane A ((. and South Lund Drive, ;ir. Penzel moved to adopt Resolution No. `_' 714 requesting reports from the County Highway Department on the , feasibility of turning lanes between Kurtz Lane•and South Lund i . Drive and of their installation. Mr. Boerger seconded. Motion f. carried. i • C. Vacation of Franlo Road through the I•!esttrind Addition, Fir. Jullie reported that the bonded developer has assured the Vil- lage that the existing road bed will be maintained until the Village finds the other roads satisfactory. Utilities do not object to the vacation since they have no facilities in that part of Franlo Road. A motion was made by Mr. Penzel adopting Resolution No. 705 vaca- ) ting portion of Franlo Road through the Uestwind Addition and in- , structing the Staff to procure a temporary easement for the con- i tinued use of Franlo Road until such tine that the new road be- d .• • comes usable. Mrs. Meyers seconded. All voted aye. Motion carried. VI. PETITIONS, REQUESTS AHD COI1i1U1•!ICATIONS: i — i A. Request by Alex Dnren'.•:emper to disc the Planning Commission and Planner rer_o,mae T6Tib-ns regard: the Tatting of aple- Wood Park Lstates-Cre eiood Term.. , (Public hearing on the preliminary plat will be heard June 12, 1973.) iir. Heinrich informed the Council that the public hearing could • not be held because sufficient notice to the public had not been given. Or. Putnam explained fir. Dorenkemper's request and his staff report of April 11, 1973. 11e felt that because of the 1 special circumstances that effect this property an exception . should he made to grant Hr. Dorenkemper's request for rezoning r and approval of preliminary plat granted subject to the signing 1 of a land-hold agreement. - f•ir. Allan Albrecht, representing fir. Dorenkemper, did not feel r that the land-hold agreement was necessary since the Planning Commission would have to be petitioned prior to any platting. lir. Hainrich explained that the land-hold agreement was a tool used by the Viiinnr, tn nrrnvrnt daunlnnmrnt--And in this Case in an area not serviced by utilities. Vo action was taken on the part of the Council . o S. I_^tter dated_!`.ay�_°,._173, fr_on. Honr,rt Pevelopr.!ent Comnany. Received for file. 1 C. t.etter froq rennenin Cnu_:'�ty Hinte?ny D_c�_partnent dated May 10, 197: r, conc:eni�rg 6esig7 ci•ffieria icir i�igtifrng on CSAP fit. ibis letter vas in response to the Coencil 's expression of con- cern abnui: the over lighting in t;iis section of the hinhc'ay. The letter did not address itself tn this concern hut r:err.ly indicated to-t : i,i,: i,1 thr tvne of linhtinn used for all County lighting a, 1.`, . . • . . . • I so% - • /if 75-''/ •eztOelA a.4.) • O1.4.41,/ • /11 57el.ft, .-47,.r.,--Itety,c' • iaect,c) /$1. s.--- .://t-Pt-e.11 • e5-r-c4-tter.4' /4-rt. L./ t-etf.t , -4) LJ 4v,." 2 es7r erz..tied-rt 7`, a Cf.( LC te--57 1 . . • 1 , i 7L......)01 t ZACHMAN HOMES .• Jan. 29, 1981 • Honorable Mayor & City Council City of Eden Prairie Eden Prairie, Mn. 55344 Dear Sirs: • r As some of you may recall, the final Plat & Development Agreement for Village Woods Second Addition was approved in October of 1979. In December of 1980, the Village Woods Road was completed and as such, the i condition preventing us from previously requesting building permits for our plat was finally removed. Early this month we discovered that the setback restrictions and/or interpretation of those restrictions, as $ contained in the Developers Agreement, was misunderstood by ourselves. i In reviewing the restrictions, it was our impression that they consis- . tantly followed the pattern established in Village Woods 1st Addition and that their inclusion in the Developer's Agreement was due solely } to their being variances from the traditional requirements. Since 1 the requirements as now interpreted prevent us from constructing a variety j. of homes within our normal housing selection, we respectfully request that i the City Council amend our Developers Agreement to allow a ten foot side I yard set back on the living side of a split level home instead of the current 15 foot requirement. The five foot side yard set back on the garage side would remain the same. 6 i Thank you for your consideration in this matter. 1 Respectfully; i ZACUN.4N H0NES, INC. - IIli (k ,",t(7.f.,1, .1( /4_,-.______ r, -Step}rofj T. Ryan r Director of Subdiivisi m 1 1 77GO T.I1 CHELL HNC,EDEN PRAIRIE,h1INNESOTA 55343 (612)937-9520 =;()_ , - • • yam. • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 080-27 • AN ORDINANCE GOVERNING PARKS UNDER THE JURISDICTION OF THE CITY OF EDEN PRAIRIE Section I. Purpose. The purpose of this ordinance is to secure the quiet and orderly use and enjoyment of the public parks of the City of Eden Prairie. • • • Section 2. Definitions. For the purposes of this ordinance, the following terms shall have the following meanings: (a) City means the City of Eden Prairie; (b) Director means the person holding the position of Director of Community Services of the City; (c) Motor Vehicle means every vehicle which is self-propelled. Motor vehicle does not include a vehicle moved solely by human power; ( (d) Park means any open or enclosed land and improvements or icicifity 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,or other recreational facility,and waters surrounded by parks,and/or adjacent to beaches which are delineated as swimming areas by placement of marker buoys; (e) Person me ins any natural person,partnership,association, corporation,or other organization; (f) Pot means any domesticated small animal including but not liiiiitcd to dogs,cats and birds, kept by a person for pleasure or utility; (g) Rerrtwtiori Motor Vehicl-i means a snowmobile, mini-bike, go-cal 1 : ,d all ierrain vehicles; (h) Roadw ay or Sticet ine ns that portion of a wary or pith improved -for vehicular trill tic,exclusive of the sidewalk or shoulder; (i) every tievit•c in, upon or by which any person oa pi r :r ty is or may be transported or drawn upon a highway, except devices us,rd exclusively upon stationary rail or tracks; (j) 1i,';;t;rrrafi n c ns any contrivtmce u;rtl or designed for n,ivii;ation on w Sci ti:,n 1. Horn of op el atr,n. Park; dlf f,r„i,cvated from m G a.m. to 10 p.m. oak la day ern I 4,alf ix c h,..ed from 10 p.m. to C a.m.each clay,or 2 f asposted. . . "20 Section 4. It shall be unlawful for any person in a park to: I i (a) Camp in or erect or maintain a tent or other shelter when ( • a park is closed,except fish or dark houses on park waters or as authorized by permit; ' (b) Swim in waters,use,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 1 posted by the Director; I. s (c) Practice or engage in golf or golfing,except in areas designated by the Director; 1. (d) Start or permit a fire to burn,except in areas designed for such purposes and then only in fire rings, fire scars,portable stoves,or grills. Any person who starts or permits a fire to burn as authorized in this section shall extinguish it completely before leaving the park and shall dispose of the residue or refuse therefrom in a trash container. Smoking of cigarettes, 1 cigars or pipes shall not constitute a fire as that term is used herein; f (e) Kill,trap,pursue,catch or remove any wildlife,except as a may be authorized by permit; (f) Introduce any plant into a park,except as authorized by permit; (g) Permit a pet to enter or go upon beaches,buildings,structures, I skating rinks; I (h) Operate any motor vehicle,except on streets,roadways or parking areas and recreational motor vehicles in those areas designated by the Dhector; (i) Operate a vehicle at a speed in excess of 20 miles per hour or posted speed limits; (j) Park or leave a motor vehicle standing in other than an established or designated harking area,or violate posted directions or instructions of any park attendant at a designated parking • area; (k) Launch carry trailcred watercraft upon :my waters, except at posted launch areas; bunch,dock,operate, store or keep any boat of ally kind,while the park is closed; (I) Fish on or from a beach, in waters delineated as swimming areas by placement of buoys or in waters within 100 feet thereof; _ (m) Cut a hole in the ice of any park waters larger than 12"in diameter, except a hole cowered by a fish or dark house,provided that upon tomoval of the li,.h<,r dark housct such hole is secured in!.arch a iit.inner as to prrvc•nt a person from falling into it,and except as audio'i ed by pet mi t; • jUJ . • . _} I (n) Use a sled, toboggan, hockey stick or puck in or on skating rinks,provided,nothing herein shall prohibit the use of hockey sticks and pucks in hockey rinks; (o) Ride or permit a horse under such person's control on or in . any park, except on or in any street, shoulder or ditch thereof, trail,or other area designated by the Director, provided however,whenever a trail through a park for riding horses has been designated by the Director, the riding of a horse in such park or the bringing into such park of a horse shall be limited to such trail. (p) Serve,possess,or consume any alcoholic beverage in areas prohibited by the Director,notice of which is posted in such areas. Section 5. Permits. (a) Wherever in this ordinance provision is made for authorization 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) Name and address of the applicant and the person sponsoring the activity if any; (ii) The activity,time and area for which a permit is requested; (iii) An estimate of the anticipated attendance,if applicable; (iv) 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 will not interfere with . or detract front the promotion of public health, welfare, safety, recreation or public enjoyment; (ii) The proposed activity will not entail unusual,extraordinary, or burdensome expense for police protection by the City;and (iii) Any facilities desired have not boon reserved for some other a at the time soilc,llt by applicant. S(•ction 6. I'.nfnrrement. Any person who violates or fails to comply with any prov'i,ion of this ocdinance shall guilty of a petty misdemeanor. S ,tion 7. Scv I l)ility. If any provision or provi•;ions of this ordinance aro chi•(1,1: d unrolr.titnt+.nn:rl by a e iunictcnt colirt,said decisions shall • not affect any other}>.0 t or poi t ion.of this ordinance. . STATUTES OR MUER ORDINANCES APPLICABLE TO PARKS AND PARK ACTIVITIES • 'Minnesota Statutes, Sections 88.16--Starting Fires 88.19--Drop Matches, Ashes, etc 609.224--Assault 609.52--Theft 609.576--Negligent Fires 609.595--Damage to Proprty 609.68--Litter 609.72--Disorderly Conduct 1 609.74--Nuisance • City Ordinances Nos. • 250--Food Handling License . 257--Hignway Traffic Regulations Act 337--Firearms and Dangerous Weapons 134--Dogs Running at Large • • • •• blab Martino fires; campfires; Incinerators; burning ban f, Bubdit•Ivion I. Except as provided in subdivision 2, It Anil be unlawful, . p. When the ground is not snns•eovcred,in nay place where there are standing or growing native coniferous trees,or In cress of ground frntn which natural , euniferous trees hove been cut,or where there nre Wishing!'of such trees,or Wilke brush,timber,siashings thereof,or excavated stumps,or where there Is pest or peat roots excavated or growing,to start or have any open the with- i, out the written permission of the commissioner or other.authorized forest of- ficer. Subd•2. No permit Is required for the following open fires: (a)A cooking or worming fire contained In a firepince, tire-ring,charcoal • Frill,portable gas or liquid fueled camp stove or other similar container or device designed for the purpose of cooking or heating, or If the area within a radius of five feet of the fire Is reasonably clear of all combustible materiel. (b)The burning of grass, leaves, rubbish, garbage, branches, and similar combustible material in an approved incinerator. An ni.proved Incinerator f • shell he constructed of fire resistant materiel,have a capacity of al least three • bushels,be maintained with n miniututn burning capacity of at least two bush• els,and have a cover which is closed when In use and openings In the top or • sides of one Inch maximum diameter. No combustible material shall be near er lion three feet to the burner or incinerator whoa in use. '. Subd.3. The occupant of any premises upon which any unauthorized fire ;.. is burning in the vicinity of forest lands, whether the fire was started by - 4 him or otherwise,shall promptly report the fire to the commissioner,or to the nearest forest officer or fire warden. Failure to make this report shall be deemed a violation of sections SS.03 to SS22 and the occupant of the prem• i Lacs shall he deemed prima facie guilty of negligence If the unreported fire I. spreads from the premises to the damage,loss,or Injury of the slate or any parson. Amended by f,nsys 1p78,c.733,13,eft.April d,1078. ' 1975 Amendment. nevt5ed Ihie sec• • flan. For panne:last arc main volumes • 88.19 Neglect or refusal to perform duty 4 t Every forestry employee of the state who shall unjustifiably I. refuse or neglect to perform his duty; every person who shall kindle a fire on or near forest, brush, or prairie land and leave it unquenched, or be a party thereto, or who shall set fire to brush, sittings, dry grass, field stubble, leaves, peat., rubbish, I garbafre, branches and sl:ahings, or other material, and fail to I extinguish the same Lefore it lots endangered the property of an- 'i other; every person who shall negligently or carelessly set on fire, or cause to lie set on fire,any woods, prairie, or other coin- burliblc material, whether on his own land or not, by means l whereof the property of another shrill he endangered, or who shall nc};liprntly suffer ;coy fire upon his own lands to extend beyor:d the limits thereof; every person who shall use other than incomt,tustibl, wads for firearms, er carry a naked torch, fire- brand, or ixpoxrtl li};lit in or near finest land,or who, neon any l such land or in the vicinity thpreof, or on or along any piddle1b or : private serial, trail, path, railroad right of-way or roadbed, or other piillic or),+kale way of any Lind riu'hnin„over or along or . in the vicinity of any such hand,.,hall throw or th'op any burning match, :ashes of l•iIw, li;;nisi cigar, or cigarette, or any other twining sul,rtanee,;nil who Lail;to t•xtingui:iit the same inutiedi- ftlh ly; retry l•trs.on who ,Irive.s upon et' over fuel lands in a motor vrd,iele isi hr nu open cut out or without a manor on the ( t•xtaiii I pi;+r; ;int it ry ;e rson who operstcs a tractor, chain- h.:ra', rleant or inlorn:rl crarl•n lino rustic in forgets;l averts: not pqutlp,il to prrlrob fist':, :hall Le +'entity of a misdemeanor; . and, on con vi,Ii:•n 1hereof,. puni=l,„tl 1,y a limo of suet less than �'l;t and cad exith,lin}' `.tii0 :ilia carts, of pts,;rrution, or by inl- pi is.omm nl in the ch.unly ;:nil fur Dirt lases than ten and not ex' ce,•,iiiig tall days. • A..,,.thd••,t l,t t:Iv:,I:•,7.c. I la,e tf,,tit,April iii,1501. �1L17 • • 609.224 Assault In the fourth degree, - , Whoever does any of the following commits an assault and IS guilty of a misdemennor: • • (1)Does an net with intent to cause fear in another of immediate bodily • harm or death; or , • (2)Intentionally Inflicts or attelnilts to Inflict bodily harm upon another.Added by Laws 1979,e.2 2S,i.7• ' .. i i i i 1 609.52 Theft ' Subdivision L. Definitions. In this section: (1)"Property" means n11 forms of tangible property,whether real or per- sonnl,without limitation Including documents of value,electricity,gas,water, corpses,domestic animals,dogs,pets,fowl,and heat supplied by pipe or con- duit by municipalities or public utility companies and articles, as defined In clause(-1), representing trade secrets, which articles shall be deemed for the purposes of Extra Session Laws 1997, Chapter 15 to Include any trade f Secret represented by such artirle. (2)"Movnhie property"Is property whose physienl location eon be changed, including without limitation things growing on, affixed to or found in land. (3)"Value" means the'retnll market value at the.time of the theft,or if the retail market value cannot be ascertained, the cool of replacement of the . i property within a reasonaitc time after the theft,or In tt case of s theft or tie making of a copy of an article repro crating n trndc secret,where the retail market value or replacement cost ennnot be ascertni ned, nay reason• nhle value represent lag the damage to the owner which he has suffered by I reason of to-ing ran ndvt:matte over those who do not know of or our the trade secret. Por a theft committed within the meaning of subdivision 2, • I clause(5),(a)and (b),It the property has been restored to the owner,"val.' I Ile"meanmi the value of the use of the property or the bongo which it ens•' IalnrA,whlcLrrrr fs greater, while the owner acne deprived of its 1,Useesstoe, I but Oct eve,e ing the value ot:,ermine provided herein. (d)"Article" meals ally ob)'et, trmterbd, device or subrinnee, lnchulhtg hilly w•titlnp, locoed, recording, drawing, sample spccimcn, prototype,model, pholegrnph, micro eri:a^ism, blueprint or map, or mug copy of any of the I, foregoing. (5)"Itcprene:nine" means describing, depicting, containing, constitotln^„ ' ref:voting or recording. (C1"'trade secret" means the whole or any portion of one formula, pat- tern,device nr compilation of any scientific or trrhnicnt lefonnntfon which la',creel.,Is or vahu nmi i•,av lint been pu'dlslled or otherwise become It nmt- ter of''ears] Dnblle I:nowir,lim; aunt nil mile:e repres:eutlnt:it tr(,le secret shah ia•pre aimed to to recut nod hot I„have been I0mbti:ia•d or ntherw•lse become it(atter of ;'cccrxt l,'a,lie lumwlodge whoa tiro owner marts it as n trade icciet nail tabs mom:lire, to prescrv,• its secrecy :and to prevent It from bnioailn:: nvn41',1de to ,coons other than thrre 'sica by III'otvuer to Luce r,,n:roan•d n,us thereto for p,npn.:chi of the owner's bu::iness. . ' (7)"Copy" Innis ;1113 fardnrib., ropiicn, 1'l u,t,;;r all, or other reproduction of On orli.to, nod any in n', demote, or si,lteli e.uule or or from an nrtfele lvliIie In the pic,rm r,.f wen erti;1u. 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P �1 -'n tl C _ -' r p:n q J Y C Y: n I ft N�. o = _.n N ,•'.''J r J f O �. _ J O - N Y O •.• _O O G - - -n - .. - J G O _::� n 4 .. . j , � C _ Ci C N ,G , C r L ^ P T.. ' - C =%Yi O C '1 J J.T - 7 j''J ) _ -c • _G - _ n r] 1 �c: tZfr ] ;o ° 2 J - ,_ Y. J • • " n ,i C .• f ]y i]' , - ,� 1 J : r, o • •• 4 - ^ o - r r. ' • , c r v • C ). C '" i 8• • nJ ,.. . ' s'C y P ' .. , J'.: s _ 'I., ..t , y , .f3 • . 0 , n . i J :o ., � .. i�'C, Y .. f • $O9.52 CRIMINAL CODE OF 1083 (4)To imprisonment for not more than ten years or to payment of a fine of not more(lion$10,000,or lath. It the property stolen ht an article repre • - senting n trade secret; or It the property stolen Is en explosive or an lncendi- cry device; or (5)'In all other cases where the value of the property or services stolen i Is$150 or less, to Imprisonment for not more than 00 days or to payment of a fine of not more than$,500,or Troth.provided,however,In any prosecution under clause(IL clause(2).clause(3)(n),all and(c),nod clause(4)of subdi' • • vision 2 the enioe of the money or property rereM•erl by the Jrteudnnt In via lotion of any one or more of the above provisions within oily six month period ]any be nggregnterl nod the defendant charged nccoldingty In opplylne the . provisions of this subdivision; provided that when two nr snore offenses ore committed by the same person In two or mono counties,the occusiJ may be prosecuted in any county In which one of the offenses was committed for all j • of time offenses aggregated miter this paragraph. 1 Amended by Laws 1967, c. 175, § I, eft. April 19, 11)07; Lows 1007. Es. I. Sess.,c.13,§§1-3,elf.done 1,11;07; Lows 1971,e.23,133,eft.March 5,1971; • m. Lairs 1973,c.25,5 02,eft.March 3,1tr,1; laws 3971,C.697,§1,eff.June 4, 1971; lows 1973,c.717,§ 1,elf.June 9, 1971; Lnws 1971, c.700,§3,eff. June 5,1971; laws 1971,e.S43,§11,elf.July 1,1071; Loire 3975,c.294,§1; Laws 1070,c. 312,11;laws 1976,c."155,§G,cff.April 9,1070; Laws 1977, I c.390,I 1; laws 1978,c.074.§6n: Laws 3979,c.25%§15. 609.576 NEGLIGENT FIRES. Whoever is culpably negligent in causing a foe to burn or get • is out of control thereby Causing damage of injury to another,and as a result thereof: (a) A human heing is injured and great bodily hat inerured,is guilty of a crime and;nay be sentenced to imprisonment of not more than three years or to a fine of not more than 53,000,or both:or (to) property of another is injured,thereby,is guilty of a clime and may be sentenced as follows: (1) To imprisonment for not mote than 90 days or to paymtcnt of a fine of not mole than$300, or boat,if the value of the property rlaoraine is under$300; (2) To in:pri,^mment for not less than 90 days,nor more than one year,or to a Fine of 51,000 or both,if the value of theyn y'ei ty dauta;xd is at least 5300 and under 52,500; (3) To imprisonment for not 11101c than one year,or to a fine of S 1,000,or both,if the value of the rroi..rly,Currant is S2,500 and unrlet SI0,000; '(4) To imprisonment for not more than three years or to a fine of$3,000 or both,if value of property d:aaa;ed is ll 0,000 or pealer. 11976c12457;1911e355s101 • G09.593 t7amago to properly • Subdivision I. Avg re voted ulna l nal damage to property. Whoever in. • • rentlnunity c:ur:e<danrnrre to physical groin'(ty or!another without Ow latter's i consent may by x•utaneed to huprlxon w).1.. for not more than five years or to paym.,'or of a lice of rot Inure than$i,(X(,or both,If: (1) Teo Sams,, to the property caused a reasonably f,eeseeuldo risk of iordily harm: or . 12)The p+oprtly (1•unnoti hclon„s ton pn1,11e ulliily or n conunon currier nod the clernarre hnpolrs the r•rrrir'c to the pnhlic rendered by them; or (3)The c!:ur.ogc rrdin es the ynint•of the property by more tine c300 torero moil by llu'cost of rcpalr err n'ptacrntettl,trloloLecrr Is h•us, . In :ury or oscrnilnn ender chill,:Ill),lhr cantor of any foropr'rly clonnufrd try ' the n':ft,o,pot itc violet ion of that etwse wlthlu tour ids month perind mn)' ' he n^nrocalod mold the dcfendnut el:arcrtl n et:thi 1y in np;dyiug Cho prom• simn, of thin ',Wm,: iron Lk,1 that adieu (tor err mole of t,'c',cs tort'caonmli' led lop tb,' ,am,oil ttoo in lot,or tonne to.,:aios, OW arcro'a',I limy he prole. cooed 1n nos eu,uly I❑ w4tlrlt ono or 11,c offenses (cots co:n:uitted for toll of the oflcmo-'n;xr;:a,lv,l puler tit!"pxrattaph. `;uDd. 2, Cr1uaL Li,'ttaGr lu pre earl y. Whoever lobnillonally ::w c:un;re • soup Ay1,1e.e mai,' any ether rl nninc•lan,'c'o Is;a;Illy of it mi<t!rntcr.'u'r: • Ausiiiilist by Tans 10(1,r. O.*If.1lntclt.• t?71; Lows ftc77,c.35 O, 1, tiff..\n;:.1,ini7; L> ,Writ,c..a,§IS, 1 311 , . 609.68 UNLAWFUL DEPOSIT OF GARBAGE, LITTER. OR LIKE. Whoever unlawfully deposits farhage,rubbish,offal,or the body of a dead animal,or other litter in or upon any public highway, public waters or the ice thereon,public lands, or,without the consent of the owner, private lands or water or ice thereon,is Guilty of a misdemeanor. /1963 c 753 art/s 609.68:1971 r 23 s 68/ .609.72 DISORDERLY CONDUCT. Subdivision 1. Whoever does any of the following In a public or private place,knowing,or having seasonable grounds to know that It will,or will tend to, alarm,anger or disturb others or provoke an assault or breach of the peace,is guilty of disorderly conduct,which is a misdemeanor: (I) Engages in brawling or fighting;or (2)Disturbs an assembly or meeting,not unlawful in its character;or (3) Engages in offensive,obscene,or abusive language oc in boisterous and noisy conduct tending reasonably to arouse alarm,anger,or resentment in other, Subd 2. )Repealed,1969 c 226 s I) /1963 c 753 arr/s 609.72:1967 c 242 s 1;1971 c 23 s 71/ • 609.74 PUBLIC NUISANCE. 11'hoevcr by Isis act or failure to perform a legal duty intentionally does any of the following is guilty of maintaining a public nuisance,which is a misdemeanor: (I) Maintains or permits a condition which unreasonably annoys,injures or endangers the safety, • health,morals,comfort,or repose of any considerable number of members of the public;or ) (2) Interferes with,obstructs,or renders dangesous for passage,any public highway or sight-of- way,or water used by the public;Of (3) Is guilty of any other act or omission declared by a law to be a public nuisance and for which • no sentence is specifically provided. • /1963 c 753 ass l a 609.74;1971 c 13 r 74J • • • • • 612 •• • • •To: Mayor and Council From: John Frane Date: January 30, 1981 Re: Final approval MIDB's - Richard Cohen/Minnesota Industrial Tool - $970,000 Briggs and Morgan acting as bond council for Mr. Cohen has asked that the Council be made aware of two matters concerning this project. When Mr. Cohen appeared before the Council with his request for preliminary approval he stated that a partnership of Mr. Portuoy and himself, as a 90%+ partner, would own the project. Mr. Cohen will be the 100% owner of the project. The final resolution, which is in the mayor's signature file, in paragraph 1-2 (9) requests a finding that no public official of the City has a direct or indirect interest in the project. Briggs and Morgan ask if any Council member has or knows of such interest that they so state it. I do not know of any public official having such interest. The final documents have been approved by the City Attorney. • mETROPOLITRn • WRITE COf1TROL Commwrlon � fir m JAu 2 81981 January 27, 1981 The Honorable Wolfgang Penzel City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, NU 55344 Dear Sir: { This is to advise you that the organizational meeting for the Sewer Service Area Advisory Board has been set for Monday, February 23, 1981 at 7:30 PM at the Deephaven City Hall, 20225 Cottagsoaad Road, Deephaven. This first meeting will include a briefing and update on the activities of the Metropolitan Waste Control Cormaission; organizational activities will no doubt include election of a chair and vice-chair, setting a m• ling schedule, and general discussion of the service area news, problems, etc. Future meetings will include review and comment on such matters as the cost allocation system, operating budget, capital improve- ment program, air/water quality standards, future wastewater standards and related operating costs, and any other related matters. • As of this time we have not heard from your cam:unity regarding an appointee to this Advisory Board. The appointee can be an elected official, municipal employee, or citizen. Should you select a person to serve, please pass on this meeting information. Your cooperation cn this matter will be greatly appreciated. Very truly yours, L.„112,ti Salisbury Adams C air1:n SA:ACG:p 1S0 ffl5 TRC`1,?!!a !t`G. 7 THT,Tn.L>I11C,;i/ Ji December 23, 1980 ( HENNEPIN COUNTY SOLID WASTE SITE SELECTION PROGRAM SEMINAR 18 II SUMMARY - PARAMETERS AND CRITERIA The parameters, criteria and sub-factor weights assigned by the interactive group will now be applied by the technical consultants in the search for candidate sites. In April , we i+ will conduct another seminar, in which you will review the ranking of candidate sites to be presented to the Hennepin County Board. The purpose of this process, you will recall , is ultimately to select five solid waste disposal sites in Hennepin County, as mandated by the Minnesota Waste Management Act of 1980. Four sites are for mixed municipal solid waste; the fifth is to be for construction and demolition debris. Parameters and criteria developed for transfer, processing and recovery facilities will be utilized in the Hennepin County Waste Management Plan. The approach used was an open, public process, with people selected to represent a community-of-interest, and all others welcomed to participate. Small group discussion with open reporting was employed. After three information meetings, two seminars were held to identify siting parameters and to select and weight criteria for the site search. Maximum par- ticipation at any one session was CO people. Parameters • Parameters define the search area. You helped to choose these at Seminar I on November 12. They are essentially exclusion- ary directions for site selection; that is, the technical consultant should not consider areas near water features or wetlands, historic sites, park reserves, and other such areas. An earlier mailing to you showed the modifications and addi- tions made to the parameters by the interactive group at Seminar I. They read as follows: 1. Sanitary 1. ndfill Siting Parameters A. the disposal area an'l surrounding buffer shall not be within ono-fourth mile of: 1 ) Sites having historical value where listed on the National or :,.tuts- r•egi;ters of historic places. 2) [nvironocrntally sensitive or unique wildlife { ara. . • 8. The actual disposal area, excluding buffer, shall not include or be: 1) Sites requiring substantial removal of heavy, valuable timber. 2) Cemeteries. 3) Designated highway rights-of-way for which actual planning has been done. • 4) Less than 1,500 feet from the normal high water level of a lake or pond. 5) Less than 1,000 feet from a stream. 6) Within a 100-year floodplain (legal) . 7) Within wetlands (Types 3, 4 or 5) (legal). 8) Less than five (5) feet above the high water table for putrescibles and protection of the water table with an impervious barrier. 9) Less than 300 feet from a state or federal highway. (variance required.) 10) Less than 1,000 feet from a residential area (of 10 units or more) exceeding one unit per acre density. C. The disposal area shall have or be: 1) Not less than 80 (80 acres is legal minimum) nor more than 2`;0 acres (legal maxiarum) with an equal ecreage in buffer. 2) Direct access to i nine (9) ton capacity roadway, or to a road which can be upgraded to 9-ton capacity. D. A;tditions: 1) Tyr, dispe al area and buffer area shall not be in or adjacent to a park reserve. 2) The dis;raea1 area shall not be within 1,000 feet of a park. 3) lee shall not he within a r' rc ;ign,atr i dgricul tural preserve. 2. Transfer/Process/Recovery Station Siting Parameters A. Facilities should not be located within: 1) Sites having historical value where listed on the National or State registers of historic places. 2) Environmentally sensitive or unique wildlife areas. 3) Cemeteries. 4) The distance from residences and schools specified in the applicable zoning ordinance. 5) A 100-year flood plain unless constructed to withstand flood damage. B. Facilities should be located on sites: 1) Zoned or able to be zoned for industrial purposes. 2) Having direct access to a nine (9) ton capacity roadway. 3) Of two or more acres in size, as specified in the applicable zoning ordinance. Criteria Criteria define the factors to be considered in site selec- tion from within the study area. The numerical weighting assigned to them establishes the relative importance of each. The work of the interactive group at Seminar I on December 10 produced a set of 144 criteria weights in the areas of technical socio-cultural , cost, efficiency/energy use, operati.rnal , and future use considerations. Twelve discussion groups were involved. The average and high-low scores indicate tdat a quite good concensus was achieved, were so for landfill sites than for transfer/process/recovery stations. (See Table 1. ) (?do aj ustr:rent in figures was made for arithmetic errors.) The avrago score column implies that the group considers the tochnieal criteria, for example, to he more important than cost an,i cffir:ir cylen?ray use criteria. Future use appears as a i inn Coosiati > >. Too high-low c )lu .ns tend to re l . .t lndivi,kLil interests +stain the small discussion wo t_',tod Lhe :ureS Hor validity by a statistical ..rod .re, c;: id..:,r them us.rhle as to y stand. • • I • If every discussion group had been able to assign a weight to every sub-factor, we would have had to tally 1,224 responses. • The actual number was about 1,100. Tables 2 through 13 show the sub-factors adopted at the seminar on December 10, and • the average and high-low scores assigned. Statistically, the sub-factor weights correspond slightly better for landfills than they do for transfer/process/recovery stations. We feel that this again reflects individual interests among the group, • plus a bit less understanding of the nature of transfer, processing, and recovery facilities. However, the latter was explained to be a secondary consideration to landfills, and from the first, no participant was expected to be or become a • technical expert on solid waste management. • The sites will first be ranked, highest to lowest, for each of the six criteria (technical, sotto-cultural , cost, effici • • - ency/energy use, operational , and future use) . The technical • consultant may further use the sub-factor weightings assigned by the interactive group to rank sites. What Happens Now? 1. Application of Parameters and Criteria by the Technical Consultants: HDR, the technical consultant, has begun mapping the county to eliminate areas excluded by the • parameters. They will search for candidate sites within Hennepin County, utilizing the interactive group's weightings. The rankings will be presented at Seminar III, on (tentatively) April 8, 1981 at which time the group will evaluate the preliminary inventory and ranking of sites prepared by the technical consultant. 2. The citizen committee will communicate the parameters and criteria to local units of government. We asked for • volunteers from the interactive group to assist in explaining the workings and findings of the group to interested city councils and commissions. Twenty-one persons h:.ve volunteered at this time. The interactive consultant and the County Department of Environment and Energy will provide coordination and assistance to this committee. 3. Seminar IIl is scheduled (tentatively) for April 8, 1981. An ant0uunc ment of tho time and place will he sent to • you. The purpuso will he to review, confirm, revise or • reject i,he ranking of sites, end also to formulate miti- • gr,tinr,, coral:rsration and other recoonendations. It is po •.vit,;r, tint tho ,:roue will reject some or all of the ran!,. ;ition. In t!'. .. tl ce will be a need to re rti, criteria ,.oight.in9 and send the consultant I:ac": ttr study si.os previously of urinated or leave the lcctinc-; to the County Roard. 4. After Seminar III the inventory representing the group's recommended ranking of sites will be sent to the County Board. 5. The County Board must adopt its site inventory by June 1, I981. We are, of course, available to discuss individual questions or concerns at 941-1660, our office number. We wish to see you at the next seminar, as you will be reviewing and con- s'dering actual site locations. BRAUER & ASSOCIATES LTD., INC. Ii 1 RI N CxN S? 1 ,10 RI 0 0y1-1 ,10 RI O N-1 I A xl CO +0 0 0 C O +O O O l ?Om_In00 C 1 m_N(1A C1W 04,a440. C10 yoa 03 dS 1' O O-o S fSA poz p m-0O O= Im'— ((�� 9�. b N0KA C" W N�KO `S d0 0 0 0\ C — 0—o\ C m 1 O O >>> - dK 8 UO - ONVN VN O UO ONNVNI H a --11 - '@2 w ' iv N O NO N(UOU 8 NO NSOI) if,49 _ j 1 8 Y p.O 8Ut: 8 YO NA4p�� . R 8 4 a� A.p'o O 4 PP b - V is, O UN ONNO O NVI ONu,O ►N t O NNN N Y 4NNO I.N I W ON NNNA N 00 ONNL Y O 00 0000 0 UO OONO io U Nam' NA--to, O or NAOQ. ko _ V�u ! O NN NNOO Op NO NOOO j0 o a - y�s. O 00 OOOO O OJ OC!OO 1= 11i1 0 JN NON. 0 ON 0U.0i00 iN p �._N f. O .:+ -.NJ. O NO 00V0 O N O:I N.O "V' . CI .JN n N v.0' r�� C J ' J N toN t)N NA N.D • .i I I TABLE 2. LANDFILLS: Criteria Sub-factor We lib tlrq: 33.02 Weighting Low Non- TECHNICAL CRITERIAiNatural Environment CCpatiblIlty) Average High Zero Zeroes . potential for ground water pollution 37.1 60 20 0 • . quality of agricultural soils/land 11.8 30 2 2 . amount of vegetation to be removed 2.2 5 1 4 . effects on sensitive onvironments 13.8 25 7 1 . adaptability of netural environment 4.5 15 I 3 . direction of prevailing winds to 4.5 20 1 3 sensitive receptors . feasib lllty of leechate barrier 3.5 15 2 5 • system . aval lability of cover material 3.5 10 t 3 . potential for surface water pollution 13.3 40 5 2 . quantity of agricultural land 5.4 15 1 4 Total 99.6 TABLE 3. LANDFILLS: Orlterta Sub-factor We!Apt ing: 25.0 Weighting Low Non- SM71°:01:1,,R;L. CR ITER 1A.fPcoPic, Land lice, Iostl tut Iona Avsrano Hl h Zero Zorooc C x DatIhi i ITS)_ . dogreu of Fnp,ict cr., local corsaunIty 23.0. 60 10 2 . proviens !cod`III Gorden on co-rr Jolty 6.0 20 3 4 . noise 1.6.:)cts on corrootty 2.73 10 2 6 • dI tpl:+:osent of rasl t.,ncrs/p.:„plo 10.55 25 5 2 . loss of ,+:-lculturz,l land 15.55 50 5 0 • de.,r.,,' of c =tali ofIity ,1 it, iivd psi:lble 7.82 30 5 5 nt 1,-,ct. iv -ro1,o-11ng loll uses • distan.:o f-Jae rir llovt131 dovolc,,,ont 9.45 20 4 2 . truff i- 1-r.,<.is on r ldnntl,l aroes 5.0 15 1 4 . d.,j..,,, -nrp.ot u,i Illy with kcal plans 8.45 20 5 2 . cn,l o, of ex,,osu!.,. .,, vi,ie 1.45 6 I 6 -nfilc 1-•;.,.,c.v on .v:;r, 2.64 10 4 7 dist,nr® from rite. , en! e<'cn,00i•^;Icnt -ad 7.45 10 2 6 il;t-,,... f: - .lo., rec•,r.4.1::..n1 and 4.55 15 5 . 6 T,..t a 1 99.64 I TABLE 4. LANDFILLS: Criteria Sub-factor Weighting: 13.33 Weighting Low Non- COST CRITERIA _______________ ____ _ Average Nljh Zero Zeroes . loss of tax base 5.91 20 2 5 . acquisition and relocation costs 4.09 20 10 8 . development costs 2.27 16 4 6 . operating costs 1.18 8 5 9 . net life cycle costs (including acquisition, 53.10 100 15 1 development, operations and energy costs minus resource recovery costs) . closure costs associated with final use 2.27 10 2 7 . costs associated with loachato collection 2.27 10 2 7 and disposal . potential for recovery of tax base 7.0 35 2 6 . fiscal Impact on value of surrounding 10.82 30 6 3 property . closing costs associated with maintenance 2.27 15 2 8 . environmental protection costs 5.18 20 2 7 . oval lability of markets 2.45 20 2 8 Total 98.81 TABLE 5. Laf:Dr ILLS: Criteria Sub-factor Welghtine: 12.67 Weighting_ Low Non- ErFIC1ft;^,)/F:,...,v ',,SE CRITERIA Average ftlgh Zero Zeroes . n,orgy c.nsi^ption 23.45 50 8 1 • length of haul (limn) 20.64 50 15 2 . 'ex:!ollil:/potential for energy 13.36 30 10 2 and m..%,,:,le ruc.5oWy . pr;r Imlty t,, ..,'.l g oo•at Ion arooas 21.36 40 20 2 . ,If�.--� a-oa evallr.b to 10.55 40 5 4 . ..,,,,,,- oA I il,n of t-an>for 3.27 10 1 6 tic of .r,n,,far ;t.sflon:: to 3.45 10 1 5 1 en.i II I 1 . proximity to rs'kt.., _4...03 10 2 5 Tots; 100.17 • 1 I TABLE 6. LANOF ILLS: Criteria Sub-factor WeIghting: 10.79 Weighting Low Non- OPERATIONAL CRITERIA Average High Zero Zeroes . timing of operation relative to surrounding 17.64 40 5 2 1 development . nuisance and hazard potential to adjoining 34.91 50 24 0 properties and along haul routes . servicing c,pabll!ties 13.91 40 5 1 . Impact on traffic (total/peak) 18.64 50 10 0 i . oval labllIty of maximum hours of 2.73 12 2 6 operation for some sites . effoctivenoss of fire protection 7.45 25 2 4 . . total hours of operation 5.64 25 1 5 Total 100.92 TABLE 7. LANDFILLS: Criteria Sub-factor w..ic tkg: 5.42 Wei lilt 1ru_ Low Non- fLITO?E ti . (End_cso) Averaze Hish Zero Zeroes . dajroo of cor,.+`ihl l Ity with plannod future use 52.64 80 25 0 . nnad/usn p,tontlaI of end-use 47.36 75 20 0 Total 100.00 1 TABLE 8. TRANSFER/PROCESS/RECOVERY FACILITIES Criteria Sub-factor weight lna: 27.83 we 191tlno Low Non- TECHNICAL CRITERIA(Natural Environment Compatibility) Average High Zero Zeroes . potential for ground water pollution 10.2 30 10 5 �. ▪ quality of agricultural lolls/lend 3.2 10 5 6 . amount of vegotation to be removed 3.4 15 4 6 . effects on sonsltive environments 28.8 69 15 2 . adaptability of natural onvironment 15.4 70 1 3 f: . dlroctlon of prevailing winds to 25.8 100 5 0 snn5ltive roceptors . feasibility of leachate barrier - - - system . availability of cover material - - - - . potential for surface water pollution 11.0 30 10 4 . quantity of ayrlculturai land 2.4 15 3 7 Total 100.2 TAL,Vr 9. T lkl ER/PftcCE`.r:/RECOVETT FACILITIES Sub-factor Criteria Wol��tlrl: 22.91 weighting_ Low Non- SX10/C11L711^AI. CR ITIRIA(C a^plo, Lend Usr, I nst l+ut tonal Aver42 • High Zero Zeroes , -o r liail?y)_ - -_ ▪ d:greo of i-;.,?:;P un local eonmunity 21.73 60 15 3 ▪ pray i.nu= land till burden on cnrnnunity 2.36 10 1 6 • . n'i,,n 1-pact, on cncnunity 5.45 20 2 4 ' . ;Ir, ._. : ,. resldenco,./paopia 8.09 30 5 4 . Ir. � •. of xi,1.:+,lt urn i land 2.45 14 5 8 ▪ d„q:.,n of c,n,,ib11 Ity ri,n and pas,:ihlo 11.55 25 5 2 0.r,.. 5 in ,on.nndi iq land 11s05 . diY•u:n it n ro,i;,unti.:l dnvoloynrat 9.8? 30 2 3 , tr.,,'in i- .., r.. ii:rill nroas 10.0 30 4 4 , d:_.r.:o of ,,..unit;ty wile local plans 9.82 25 3 1 1.45 6 1 7 • r .•I. I,,.l=,..F-. .a .. ..a: 11.45 30 5 4 2.Id 10 1 7 3.64 15 5 7 Total 9`7.93 • TABLE 10. TRANSFER/PROCESS/RECOVERY FACILITIES .$ Criteria Sub-factor 1 Weighting: 15.83 Weighting ,. Lou i Non- 1 COST CRITERIA _ Average High Zero Zeroes . loss of tax base 3.36 13 2 6 . acquisition and relocation costs 2.91 12 10 8 . development costs 2.36 11 4 6 . operating costs 1.36 10 5 9 1 . net life cycle costs (Including acquisition, 59.9 100 5 0 i development, operations and energy costs minus resource recovery costs) . closure costs associated with final use 1.64 10 2 8 1 r . costs associated with leachate collection 1.09 10 2 9 and disposal . potential for recovery of tax base 4.09 30 15 9 i . fiscal' impact on value of surrounding 9.91 25 6 4 property . closing costs associated with maintenance 0.09 1 1 10 . environmental protection costs 4.55 20 15 8 . availability of ma'-nets 7.55 50 6 7 Total 98.81 TABLE 11. TRANSFER/PROCESS/RECOVERY FACILITIES Criteria Sub-factor fulahtln : 18.25 Weighting Low Non- EFFICIEi,:'Y1F' !?"Y ',,SE C^ITFRIA Average High Zero Zeroes . rnnryy conav,ptIon 12.82 25 l0 3 . length of hail (tiro) 13.45 25 5 3 . faaoihlllty/I:otantlai for .,porgy 23.36 50 15 2 :1nd rmi)rials rucoo3ry . proximity to rasto ganoratlon areas 39.0 100 20 1 . situ area nvalIahlo 2.21 10 5 7 . nun':,..r. a,i1 !a.ai ion of troto,fer 1.36 10 5 9 statlona V. . ratlo of t-eater stations to 1.8? 10 5 8 foothills . pr;.a.imIty to rorknta 5_55 20 2 5 Total 90.63 f • TABLE 12. TRANSFER/PROCESS/RECOVERY FACILITIES Criteria Sub-factor Weighting: I2.42 Weighting Low Non- OPERATIONAL CRITERIA Average High Zero Zeroes . timing of operation relative to surrounding 10.45 26 5 4 development . nuisance and hazard potential to adjoining 27.55 50 15 1 properties and along haul routes • . servicing capabilities 16.64 60 10 2 . Impact on traffic (total/peak) 22.45 50 10 0 . availability of maximum hours of 4.27 30 2 7 operation for some sites . effectiveness of fire protection 8.82 25 1 4 . total hours of operation 9.0 50 5 5 Total 99.18 TABLE 13. TRANSFER/PROESS/RFCOYERY FACILITIES Criteria Sub-factor // Weighting: 4.25 Weighting_ Low Non_ FUTUtE USE (End-use) ______ Average High Zero Zeroes . degree of camp}+lbility with planned future u.o 53.1 100 40 1 . nood/us,. tot.ntlal of end-use 36.9 60 15 2 Total 90.0 • HENNEPIN COUNTY SOLID WASTE SITE SELECTION PROCESS COMMONLY ASKED QUESTIONS ABOUT LANDFILLS 1. How many and how large must landfill sites be? The Waste Management Act of 1980 requires the identification of five (5) candidate sites of 80-250 acres each plus an equal area in buffer. 2. By when must the candidate sites be identified? The Act requires each Metropolitan County to submit its inven- tory of five (5) sites to the Metropolitan Council by June 1, • 1981. ' • 3. Can' t we deal with solid waste by means other than land • ais p o s`a-T Yes. Other efforts to reduce volume and to use waste to pro- duce energy are already underway. The Metropolitan Council has just completed a land disposal reduction plan which calls for resource recovery, recycling, waste separation and other waste reduction methods. Hennepin County is studying resource recovery technology and expects to adopt a plan in the spring of 1951. The degree to which these reduce the volume of solid waste will reduce the demand for future landfills. On the other hand, the very best reduction program possible is estimated to reduce waste by no more than 70-80%. The remainder will still need to be disposed of in sanitary land- fills. 4. What is the likelihood that all five (5) candidate sites will need be de-v; roped? If all Metropolitan Counties can identify the required five (5) sites, the Metro Council 's land disposal reduction program is successful , and the County's resource recovery program is impleamented, all five (5) candidate cites may not have to be devl;,pc d. At least two will be required. 5. What if the Cnunty can' t or chooses not' to identify the recifisIte srics? That authority will transfer to the Metropolitan Council . 6. Cant waste; be hauied to sites outside the County for dig >al? Yes. fiver Hennepin County's wastes are now hauled to oth r co :nties (priar•iiy uaata County) for disposal . Why r, +• or not it is ahlo to be hduiad else,lhere, the Act requires the s,'lectIon of rive (5) candid -ta sites within each ,. 1 7. Can wastes from other counties be hauled to Hennepin County landfills? Yes. The degree to which this happens in the future will depend on the availability of sites in those other counties and the success of their respective waste reduction programs. 8. How much capacity remains in existing landfills? Based on the present generation rates, all existing capacity in Hennepin County will be used by 1985. All remaining capa- city in the Metropolitan area will be used by 19E47. . • 9. If selected for a landfill site, or sites, what burdens can the local unit of government expect to bear? With Metropolitan Council approval , the local unit may impose additional restrictions over and above the County's rules and regulations, in order to minimize nuisance aspects. The Act requires consideration by the Legislative Commission on Waste Management, methods of mitigating and compensating for local risk, costs and other adverse effects including at least the following measures: 1) Payment outside of levy limitations in lieu of taxes, for loss of tax base. 2) Preference A-95 reviews for federal grants. 3) Payment of all service costs (roads, monitoring, inspection, enforcement, police, fire, and litter cleanup). 4) City or Town control of buffer zone design. 5) Elimination of the 'tipping' charge for waste collected within the City or Town. 6) A guarantee against all liability. 7) Payment for reclamation of closed sites, to local design specifications. 10. Who will acquire, own and operate the landfill? The County is required by the Act to acquire and develop the landfill sites. The County Aso has the responsibility for rejul,,ting the construction, operation, maintenance, moni- toring, inspection, and termination of facilities, and the responsibility for enforcement. It is the policy of the County tc lease or contract the operations to private operators. 11 . How lnri ran a site be expected to he o erated? len to twelve years. 12. What will happen to the site once it is filled? Once a landfill site is full , the landfill operator will place a final cover on the fill and then prepare the land for its ultimate use. The final touches could include seeding and landscaping. The final surface will be designed to minimize water infiltration through the landfill which is the key to minimizing leaching. State and Federal laws identify the roles the landfill operator will have in the years after closure. In general , the operator will retain the respon- sibility for leachate collection and the operation of the groundwater monitoring system. The ultimate use of a landfill is generally an open space use. Golf courses, parks, botanical gardens, ski hills, etc. are some of the possibilities. Development of buildings is somewhat limited due to the settlement of the solid waste as it decomposes. Finally, with proper planning, the land can be returned to agricultural use as either pasture land or for hay production. If the final cover is thick enough, other crops may be grown. 13. What are the hours of operation? Usually sixteen (16) hours per day. • 14. How much traffic will each site generate? The Woodiake landfill near Hamel currently generates between 60 and 80 vehicles per day. The Flying Cloud landfill in Eden Prairie generates between 150 and 400 vehicles per day. Transfer trailers and resource recovery programs will reduce traffic by two-thirds. 15. What are the dangers of groundwater. pollution? As solid waste decomposes, leachate will form and become a potential source of surface or groundwater pollution. Control of leachate is directly related to good site selection and site development. If the solid waste could be kept dry, little leachate would form and the problem would be minimal ; however, in this climate that is virtually impossible, so spe- cial measures must be taken. Some water will seep through the cover material into the solid waste, but the object is to keep contact between water and solid waste to a minimum. Once leachate forms, it must be prevented from creating a groundwater problem. Proper site selection helps the situation by placing thy: landfill above the water table, away from arecs where a groundwater problem could result. In addi- tion, some landriils dre <.icsijir,ed with special protective barriers And underground drainage systems to convey leachate to a point , her It can he collected and treated. The interactive crop is expected to recommend the use of such harrier> and drainage systems for all sites. • ) - S • Referred to as a 'leachate collection system", a special plastic layer or in some cases a natural tight (low • permeability) soil is placed on the bottom of the landfill before it begins operation. Drain tile, gravel , etc. are placed on the protective barriers and then covered with soil. The waste cells are then placed on top of the leachate collec- tion system. Also, before landfill operation, a groundwater monitoring system is installed and the landfill operator must take samples regularly to make sure leachate is not reaching groundwater systems. 16. If selected for a candidate site, will the City have a say in tiT —ifFcision ma`Ti g process wliii-ch will select sites for evelopinent? Yes. The Act requires that local units of government, where sites are likely to be developed, will be represented on the County Site Selection Authority. This group will consist of the County Board plus one member appointed by the governing body of each City or Town within the County containing all or the majority of a site in the Metropolitan Council 's disposal site inventory. There is, however, a provision in the Act requiring the appointment of additional members to assure a majority of one on the authority of members residing in Cities or Towns not containing all or any part of a site or buffer area. (Art. X, Sec. 16.) If this authority has not selected the requisite number of sites in accordance with the Metropolitan Council 's standards, criteria, and procedures by June 1 , 1983, the Council shall make the selection. 17. What is the entire selection/development schedule? 1) County must submit its five (5) site inventory to the Metropolitan Council by June 1, 1981. 2) Metro Council adopts a Metropolitan inventory by October 1, 1981, begins environmental review process and reports to the Legislative Commission on Waste Management the methods of mitigating local effects, compensating local governments, etc. 3) Metro Council adopts a development schedule and identifies the number of sites required in each County by January 1, 19 .3. 4) County establishes Site Selection Authority, makes selec- tion of sites from inventory by June 1, 1983. 5) County scquiras all sites in fee to meet 1990 needs, acquire-. devrlopment rights for sites required to meet •ds from 12)0 tUrounh 2000 an,i develops sites according to demand. Development rights in buffer areas are also to i:c .o qui red. groupof 80 in the site 18. What is the role of the interactive selection process? 1) To establish parameters and criteria to guide the pro- fessional consultant. 2) To review the consultants' work. 3) To make recommendations to the County Board on: -final candidate sites -site ranking or priorities -development conditions -mitigation measures • E 19. How will acquisition of sites be paid for? The Metropolitan Council will issue up to $15 Million in general obligation bonds, hence the cost will be spread throughout the Metro area. Debt service on the bonds is to be al located by the Council among cities and towns in a manner favorable to communities that reduce the need for land disposal . Cities and Towns containing disposal facilities are to be exempted forever from payment on the bonds. Since the sites are to becooe commercial operations, other costs will be paid by user charges. The County Board will finance the remainder, most likely from general taxes or general obliga- tion bonds. • MEMO TO: Mayor and City Council FROM: Chris Enger, Director of Planning THROUGH: John Frane, Acting City Manager REGARDING: Slope Ordinance DATE: January 27, 1981 At the January 6, 1981 City Council meeting, the staff was instructed to prepare a slope ordinance. Sir:e preparation of an ordinance requires development of the goals and objectives of the ordinance, the Planning Staff offers the following suggested procedure: 1. Staff has researched slope ordinances with other communities and will prepare background information on protection of different types of slopes. 2. Council authorize formation of a joint committee made up of two members form the Planning Commission, two members from the Park and Recreation and Natural Resources Commission, and one member from the City Council. Members from the Commissions • would be selected by the Commissions. Staff support would be • from the Planning Department and Community Services Department. The purpose of the committee would be to: a) Determine whether we would be attempting to protect significant slopes identified through a study (such as the Purgatory Creek Study), or slopes in general, or both. b) Review other communities' slope ordinances, short- comings, and successes. c) Determine whether the City currently has adequate safeguards and review capacity to protect slopes. 6 d) Determine whether an ordinance or additional }. criteria is necessary. 3. Staff and committee members report back to the Commissions and Council. 4. Staff would then draft implementing documents as directed by the City Council, for their review. We would ezpcct that the conmittees'work could he finished in one or two niee..tings. CE:ss MEMO • • TO: Mayor and City Council FROM Chris Enger, Director of Planning THROUGH: John Frane, Acting City Manager • DATE: January 29, 1981 REGARDING: City Hall Complex, Master Plan At the January 22, 1981 Council meeting, staff was instructed to develop additional alternatives for development of the land surrounding City Hall. We have prepared these alternatives and prepared a list of pros and cons on each one. One premise which we have been working with which perhaps should be re-examined,is the concept of a completely free standing public safety building. After visiting theMinnetonka Complex and the new Plymouth Complex, some interesting possibilities became apparent. Both Minnetonka and Plymouth have Public Safety as part of the main structure, but on a lower level and with a seperate entrance. Combining of the structures should make energy and economic sense. Placement of Public Safety to the north of City Hall could be accomplished with a completely seperate building, a seperate building with a potential connection or an addition to City Hall itself. When considering the expansion potential of the current City Hall, many options may be possible: 1. Adding further office space to the south. (strings the building out all one direction and expands the building in a direction which could constrain further access back into the overall site). 2. Addition of an office wing westerly from any point on the existing office. 3. Addition of an office pace to the west from the Council Chambers. (This wing could he of any size but would most probably match the office already existing. This alternate would allow addition of a large, major entrance foyer area, placed in the 90 angle created by the two office wings. This foyer would serve not only as a connection of the two office wings, but as a new; identifiable entrance to City Hall. The floor plan of the Council Chambers would change, with the Council table to the east and audience seating to the west. The audience would park to the southwest, entering through a large foyer and then to the Council Chambers. The parking for City Hall would therefore be moved to the current back of the building where ample room for joint parking and expansion is possible. The existing parking in front of the building would be placed into lawn and the conflict ( of parking in our own frontyard setback would be eliminated). Memo-City Hall Master Plan page 2 The new major entrance would be off of the new City Hall Drive to the south. City Hall as it exists, lacks this major entrance•character after having added the new offices, and is confusing to the public. The foyer is an important element for a waiting and directional area, and especially as an alternative to the Council Chambers itself for people waiting for a particular item, late in the agenda. 4. If a Public Safety structure was added to City Hall on the north, the topography provides an opportunity for a lower level Public Safety area with a potential second story as City Offices. Architecturally this could be designed as a twin of the existing addition. Once again, the main entrance to the complex could be re-oriented to the west in the form of a major foyer, directly behind (west) the existing Council Chambers. The parking areas could, however, be planned for shared parking. We go into these details at this time because they have a definite effect on the Master Plan. Public Works and Recreation would be the use most likely to require the largest amount of land for expansion. Mr. Jullie, with his staff, is re-evaluating the future outside storage and land area needed. We believe expansion of the Public Works area should occur to the south. Mr. Earl Johnson, Facilities Maintenance Coordinator, Facilities Manage- ment Section of the Property Management Division of Hennepin County, has been researching the particulars of the potential library site in the major center area south of Eden Prairie Center. We did make Mr. Johnson aware of the potential provision of a library site around this area, last week, and we have provided an alternative which. shows a possible location. An additional alternative, if Public Safety were to go north of City Hall, would place the Post Office and Library south of City Hall. I will present the alternatives, pros and cons to the Council for your discussion Tuesday evening. CE:ss • MEMORANDUM • TO: Mayor and City Council THRU: John D. Frane, Acting City Manager FROM: Bob Lambert, Director of Community Services 1C ' DATE: January 29, 1981 SUBJECT: Hennepin County Park Reserve District Agreement • At the January 20, 1981 meeting, the City Council reviewed the agreement that accomplishes the transfer of Bryant Lake Park and Anderson Lakes • Park from the City of Eden Prairie to Hennepin County Park Reserve ' • District. This agreement included all of the provisions the City had required to be included in the agreement, but also included a request by the District for the City to approve the expansion of the park boundaries. This expansion will affect four property owners, all of whom were represented at the Janaury 20th meeting. The property owners had a number of questions and concerns and the Council continued this item to the February 3rd meeting and requested staff from the City and Hennepin County Park Reserve District to meet with the property owners in hopes of answering their questions and resolving their concerns. On January 28, 1981, staff from the Park Reserve District and the City met with all of the property owners. The Park Reserve District staff assured all property owners that the Park Reserve District would enter into good faith negotiations for the purchase of the property as soon as funding was available. The main concern of the property owners seemed to be the timing of the funding rather than the amount. All property owners were concerned that the County would designate their property as part: and them not receive funding for many years to come. Some property ot;ners did not want the County to have the right to condemn their property. Dther'propert.y owners wanted to make sure the County had the right to condemn and would use it, if needed, in the near future. Staff recommends that the City Council approve the agreement as written with the following change to 2.5 on page 11: "City hereby grants consent to the District to acquire by negotiation and eminent domain proceedings for tlae period of one year from the Cate of this arriemerat, the properties c not ro.l 4 the City tiiehin the approved boundaries of both parks as shown on exhibit Al and hi, etc." • This mould allow the Mtrict to negotiate for the acquisition of all parkland that thry t ei lil have fwrfinl for, mithin that ono year Period. At the end of fb. year, th;: District or the prap,rt.y Darner mould have to riguest the Council • to grant the co nt.cnt. on a parcel by parcel ba.;is. • • -2- • The other concern of this agreement, voiced by the Council, was the deletion of the public road from Rowland Road west to Baker Road. City staff decided to not show that road on a map for the following reasons: 1. At a special meeting of the staff and the Council early in 1979, it was agreed that it was highly unlikely that an overpass would ever be contructed across 494 in that location due to its proximity to the Crosstown overpass approximately two blocks to the north. 2. The connection between Rowland Road and Beach Road was not shown because property owners in both areas had indicated their disapproval of this connection and it was seen as unecessary for access to the Metram property if that property was acquired for park purposes. 3. The Park Reserve District was very adamant about not wanting a public road running through the regional park. The main concerns for the connection between Rowland Road and Beach Road are for an alternate access to the Beach Road cul-de-sac and for public access to Bryant Lake Park from the west. The County is still very adamant about any kind of a public road through the park, and after further review of the park site have indicated that they are no longer considering a park access road from the west. The District staff, however, have indicated that they see no problem with developing a bicycle trail access in this vicinity from the west. It is the City staff opinion that a bicycle and pedestrain trail access from the nest is of primary importance to the City. An access in this location would basically be serving pedestrain/bicycle traffic from west of 191. For those Eden Prairie residents traveling to the park by motor vehicle, the extra two mile drive is insignificant, but for those traveling to the park by bicycle or walking, the extra two miles is significant. Hennepin County Park Reserve District staff will be in attendance at the February 3 meeting to discuss any of the concerns the Council still may have regarding this agreement. BL:md �Ju" KEITH E.SIMORS ATTORNEY NORTHWESTERN BANK BLDG.-SUITE 401 1011.1tt St.So. HOPKINS,MINNESOTA 55343 935-1697 January 30, 1981 • Mr. Robert A. Lambert Director of Community Services Eden Prairie City Hall Eden Prairie, MN 55344 RE: Proposed Agreement Between City of Eden Prairie and Hennepin County Park Reserve District Relative to 8ryand Lake Park My Client: Elizabeth Hanley Dear Bob: Enclosed please find a copy of my letter to the Park Reserve District setting forth the understanding considered at the time of our recent meeting. Accordingly, we would request that the City Council defer any action on the agreement until the Park Reserve District has completed formalization of the proposal and that the signing of any agreement between the City and the Park Reserve District be concurrent with the Park Reserve District committing itself to the agreement with Mrs. Hanley. You will recall that the representative of the District indicated that their preference would probably be that this agreement be a separate writing from that with the City. Very truly yours, / � wed . Keith E. Simons • KES:bcf • Enclosure cc: Ms. Elizabeth Hanley Hennepin County Park Reserve District (Attn: Marilyn Egerdal) Eden Prairie City Council 1 KEITH E.SIMONS ATTORNEY NORTHWESTERN BANK BLDG. SUITE 401 1011.1 n Si.So. HOPKINS,MINNESOTA 55343 935.1697 January 30, 1981 HENNEPIN COUNTY PARK RESERVE DISTRICT Attention: Marilyn G. Egerdal, Administrative Assistant P. 0. Box 296 Maple Plain, MN 55359 RE: Proposed Agreement Between City of Eden Prairie and Hennepin County Park Reserve District Relative to Bryant Lake Park My Client: Elizabeth Hanley Dear Ms. Egerdal: At the time of the City Council hearing on January 20, 1981, and the meeting at the City Hall on January 28, 1981, you indicated that in the event the City granted the Park Reserve District its consent to acquisition of Mrs. Hanley's home as a condition to the proposed agreement,that the District does presently have the necessary funding to acquire Mrs. Hanley's property and that the District would proceed with that acquisition if desired by Mrs. Hanley without delay. At the January 28, 1981 meeting, you indicated that you could foresee no objections by the Park District to its committing itself as a condition of the City entering into the proposed agreement,to set forth either as part of the proposed agreement or a separate agreement that the Park Board will commit itself to proceeding with immediate condemnation in the event Mrs. Hanley does not feel negotiations for the sale of her property are progressing setisfactorily. You have indicated that upon our request you would be willing to recommend that the Park Reserve District Board take action authorizing such a comnittment at its next meeting on Thursday, February 5, 1981. Accordingly, I would recommend that the proposed agreement contain the following provisions: That the District agrees that as a condition to the acceptance by the City of Eden Prairie of the proposed agreement between the District and the City of Eden Prairie, the District agrees that it will proceed without delay to negotiate for the purchase of Mrs. Hanley's property. That the District Agrees to commence condemnation proceedings without delay upon the request of Mrs. Hanley. That the District agrees that in the event the District for any reason is unable or unwilling to proceed without undue delay with the condemnation, purchase, and payments for Mrs. Hanley's property, then the District agrees that the Hanley property will be removed from the provisions of Section 2.5 of the proposed agreement with the City. As I have indicated at our meetings, Mrs. Hanley is concerned that she not be placed in the very difficult position of having her property designated for park purposes Hennepin County Park Reserve District Page 2 January 30, 1981 indefinitely as has been requested by the District and then find that for some • reason or another the District is unable to proceed with its plans. This would, of course, result in her being placed in a very difficult position with regard to the marketing of her property and result in considerable economic hardship. Since the District has indicated that it has the funding and intention to proceed . with acquisition from her without delay, this requested carmittment from the Park ' District should entail no problems for the District. Thank you for your kind cooperation in this regard. Verytruly,yours, • Keith E. Simons KES:bcf cc: Ms. Elizabeth Hanley City of Eden Prairie (Attn: Robert Lambert) Eden Prairie City Council • • • • • gt POPHAM, HAIK,SCHNOBRICH. KAUFMAN & DOTY,LTD. 4344 IDS CENTER t MINNEAPOLIS, MN 55402 WAYNE G POPHAM IREDERICK C.BROWN RAYMOND A.HATK BRUCE O.MALKCRSDN TELEPHONE ANO TELECOPIER ROGER W.SCHNOBR•CH JAMES R.STEILCN g12-335-*331 DENVER KAUFMAN JAMES S.LOCKHART DAVIE.S.DOTY ALLEN W.HINDERAKER ROBERT A.MINISH CLIFFORD U.GRCCNE DENVER 0►/ICE ROLrc A.WDROCN O.WILLIAM KALIF MAN January 27, 1981 2660 ENERGY CENTER ONE G.MARE wt...Cl,EAO DESYL L.PETERSON a BRUCE D.WILLIS MICHAEL 0,!TILLMAN DENVER,COLORAOO 00202 iREDI:RII:K S,RIC HAR DS LARRY D.CSPEL 303-025-3000 RONALD C.ELMOUIST DAVID A.JONES G.RODCRT JOHNSON SALLY A.JOHNSON GARY R.MAGOMBER ROBERT S.DUNK Or COUNSEL ROBERT C.HAMEL K DALE C.NATHAN N NOT ADMITTED TO M.NNCSOTA BAR Ms. Marilyn Egerdal Hennepin County Park . Reserve District 3800 County Road 24 Maple Plain, Minnesota 55359 Re: Agreement Between the City of Eden Prairie and the Hennepin County Park Reserve District • Our File No. 4447-024 Dear. Marilyn: • • Enclosed, as requested, is the final revision of the agree- ment. A few items should be noted. 1. All changes included on the two sheets sent to me in Mr. nosow's letter of January 12, 1931, have been included in this revision. In a few cases I have made minor changes in the • language but no substantive change has been made. 2. The consent to agreement is that which you sent to Marty Jensen in your: letter of January 15, 1981, rather than the one previously attached. 3. Exhibits A•-1, and B-1 are attached representing the legal descriptions to Anderson and Bryant Lakes Parks, respoc- tivc]y. At. Anderson Parcels numbered 111" through "6" are the s.ix p.Irccln not presently owned by the City. These parcels are excluded from the conveyance of: property requi red by the Ci iy :in paragraph 2.1.(e) and I have deleted what was formerly referred to ns l;shibiI '1C'I si.nco I now sect no need for a ::c1S;I1;lte 1.iT;tin<I of Lie' property not owned by Oa City. Siar- .ilar:ty, the p: ieels at. 11ryont. Lake have been numbered con5cc- • utivaly and Parcels numle.red 111" throuair "5' are the proper- • :;'_ 1 POPHAM,HAIK,SCHNOBRICH, KAUFMAN & DOTY. LTD. Ms. Marilyn Egerdal January 27, 1981 Page 2 • • ties not owned by the City which are also excluded under this subparagraph (e) from conveyance. In this manner, we can eliminate two exhibits from the agreement and utilize the existing numbering that has already been placed upon the maps to be attached to Exhibits "A-1" and "B-1." 4. A new Exhibit "C" is attached to show the approximate location of the sanitary sewer and water easement which the City will be reserving (new paragraph 2.10) and the storm sewer ease- ment which we previously agreed to (paragraph 2.11). Exhibit "C" needs some revision to show the approximate location of the sewer and water easement to be reserved by the City under para- graph 2.10 and by a copy of this letter I am requesting Rich • to provide the necessary detail on this exhibit. For complete- ' ness, however, I have attached Exhibit "C" to the document which I am sending you. Should you need any additional information at this time, please feel free to call. Very truly yours, Gary Mayer GRM/mb Enclosure cc: Richard F. Rosow (w/enclosure) • ggr • • AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND THE HENNEPIN COUNTY PARK RESERVE DISTRICT • TO TRANSFER IMPLEMENTING AGENCY AUTHORITY • • FOR ANDERSON LAKES PARK AND BRYANT LAKE PARK FROM THE CITY OF EDEN PRAIRIE TO THE HENNEPIN COUNTY PARK RESERVE DISTRICT CONTENTS • Page ARTICLE 1 GENERAL MATTERS 1.1 Parties 1 1.2 Background 1 1.3 Authority 3 1.4 Purpose 3 1.5 Definitions 3 1.6 Effective Date 4 1.7 Contingency 4 ARTICLE 2 GENERAL PROVISIONS RELATING TO THE ENTIRE PARK PROPERTY 2.1 Transfer of Property by City to District 5 2.2 Approvals to be Obtained 8 by the City 2.3 District Obligations 8 2.4 City Obligations 9 2.5 Acquisition Within Park Boundaries 11 2.6 Assumption of Existing 11 • Leases and Tenancies 2.7 Special Assessments 11 for Sewer and Water Service 2.8 Future Special Assessments 18 for Street. Improvements 19 2.9 Requests for Right-of-Nay 19 2.10 Watc.r and Sewer Easement 2.11 Storm Sewer Easement 18 • APTICL!i 3 PROVISIONS R1?LATTNC TO • ANonK5oN 1•i'vEM PARK 3.1 Master Plan 20 3.2 Construction of !tikeway 20 3.3 Tree Trust. Nur::cr:y 70 3.4 Outdoor Reercat.ion;il. Programming from f1dc clot}: Interpret.ive Area . . 21 } 3,39 3.5 Completion of Pending Acquisitions 21 3.6 Additional Property Acquisition . . 21 3.7 City Responsibility for Pending Litigation 21 3.8 Historical/Cultural Center 22 ARTICLE 4 PROVISIONS RELATING TO- BRYANT LAKE PARK 4.1 Master Plan 22 4.2 Park Boundaries 22 4.3 Swimming Beach and Picnic Area Operation 22 4.4 Transfer of Obligations Under Contract with Joint Independent • School District No. 287 22 • l ARTICLE 5 GENERAL PROVISIONS • 5.1 Notice 23 • 5.2 Survival of Covenants . 23 5.3 Headings 23 5.4 Binding Effect 23 CONSENT TO AND APPROVAL OF AGREEMENT BY METROPOLITAN COUNCIL 25 EXHIBITS "A-1" Legal description, Anderson Lakes Park (map attached) "A-2" Building:, fixtures, equipment, Anderson Lakes Park "B-1" Legal description, Bryant Lake Park (map attached) "B-2" Buildings, fixtures, equipment, Bryant Lake Park Bryant Lake Park map showing approximate 3ocation of easements reserved by City ?i.N0 • • ARTICLE 1 GENERAL MATTERS • 1.1 Parties. The parties to this Agreement are the City of Eden Prairie, a municipal corporation and political sub- 6 division of the State of Minnesota, and the Hennepin County Park . Reserve District, a public corporation and political subdivision of the State of Minnesota. 1.2 Background. a. Establishment of Bryant Lake and Anderson Lakes Parks. The City of Eden Prairie designated a park at Anderson Lakes in 1968 and a park at Bryant Lake in 1968 for the purpose of providing park and recreation opportuni- ties to the citizens of Eden Prairie. The City, subsequently, invested City funds and solicited and received federal, state, 'and county grant assistance to acquire substantial holdings at both areas. b. Inclusion in Regional Recreation Open Space System. In 19G9, the Metropolitan Council identified Anderson Lakes Park Reserve, including the Anderson Lakes Park area as one of the three highest priority regional recreation open space sites. In 1974, when the Metropolitan Parks Act was passed by the Minnesota Legislature, Eden Prairie received funds . from the Metropolitan Council under the immediate Action Grant Program to continue acquisition efforts at Anderson Lakes. Also, in the adoption of the 1974 Regional Recreation Open Space Policy Plan, the Metropolitan Council designated • Bryant Lake as a regional park site. Since 1974, Eden Prairie has received regional park funds from the Metropoli- tan Council to continue acquisition and begin park develop- ! ment at Bryant Lake. • c. Investment made by the City of Eden Prairie. The i - total amount presently invested by the City at Anderson Lakes and Bryant Lake Parks is estimated to be Three Hundred Twelve Thousand Four Hundred Fifty-eight Dollars and 74/100 9d9 ($312,458.74). Of this amount, the City is"awaiting payment of .the estimated amount of One Hundred Twenty-three Thousand 1 Three Hundred Ninety-two Dollars and 09/100 ($123,392.09) • s. from the Heritage Conservation and Recreation Service under a Land and Water Conservation Fund grant. d. Recognition of Regional Status. Both the District and the City recognize the regional significance .of Anderson Lakes and Bryant Lake Parks and concur with their inclusion in the Regional Recreation Open Space System Plan. 1 c. Intent to Transer Implementing Agency_ Responsibili- ties from the City to the District. Both parties recognize the District to be the appropriate implementing agency for j Anderson Lakes and Bryant Lake Parks, as attested to by a resolution of the City Council of Eden Prairie, adopted Janu- ary 22, 1980, authorizing that the City cease to be an imple- mcntiiiq agency at Anderson Lakes and Bryant Lake Parks, and by a resolution of the Board of Commissioners of the Hennepin 3 i • • County Park Reserve District, approved April 10, 1980, autho- • rizing acceptance by the District of the role of implement- ing agency for Anderson Lakes and Bryant Lake Parks. 1.3 Authority. The parties enter into this Agreement by - authority of Minn. Stat. SS398.01-398.26, and Minn. Stat. 5S412.211 and 412.221. • 1.4 Purpose. The City and the District enter into this Agreement to provide for the orderly transfer by the City to the District of the City's property, authority and obligations as an 1 - implementing agency at Anderson Lakes and Bryant Lake Parks within • the City of Eden Prairie. 1.5 Definitions. As used in this Agreement, the following terms have the meanings stated: • a. "Agreement" or "this Agreement" means this Agree- ment between the IIennepin County Park Reserve District and • the City of Eden Prairie. b. "Anderson Lakes Park" means that real property situated in Hennepin County, Minnesota, legally described in Exhibit "A-1" attached hereto and made a part hereof, including all the hereditaments and appurtenances thercunto• • belonging or in anyw•.ise appurtaining and also including 1 the buildings, fixtures, equipment and personal property described in Exhibit "A-2." Anderson Lakes Park is deline- • ate d on t:hu map attached to Exhibit. "A-1." • f c. "Bryant. Lake Park" means that real property situ- ated in Hennepin County, Minnesota, legally described in • 1 • ( Exhibit "B-1" attached hereto and made a part hereof, includ- ing all the hereditaments and appurtenances thereunto bee- longing or in anywise appurtaining and also including the buildings, fixtures, equipment and personal property located 4 thereon which are described in Exhibit "8-2." Bryant Lake Park is delineated on the map attached to Exhibit "B-1." d. "City" means the City of Eden Prairie, a munici- pal corporation and political subdivision of the State of e Minnesota. e. "District" means the Hennepin County Park Reserve District, a public corporation and political .subdivision of y r • the State of Minnesota. 1 f. "Effective Date" means the effective date estab- lished. by paragraph 1.6 hereof. g. "Entire Park Property" or "the Entire Park Property" means all of the real property, including buildings, fixtures, equipment and personal property comprising Anderson Lakes Park and Bryant Lake Park as shown on Exhibits "A-1&2" and "B-1&2." g h. "Metropolitan Council" means the Metropolitan 1 Council of the State of Minnesota. i 1.6 Effective Date. The effective date of this Agreement is March 1, 1981. 1.7 ContiEffilly.. This Agreement is contingent upon consent to and approval by the Metropolitan Council of this Agreement, as evidenced by its Consent on page 25 hereof, and upon reimbursement i r ( 1 • by the Metropolitan Council to the City, on or before March I, 1981, of all local funds invested by the City in the Entire Park ' Property, including all taxes, special assessments due thereon • • and all costs incurred by the City in performing its obligations • under this Agreement. The local funds invested to date are presently estimated to be Three Hundred Twelve Thousand Four . Hundred Fifty-eight Dollars a,id 74/100 ($312,458.74) which shall be verified by audit prior to the Effective Date of this Agreement. As soon as the City receives payment from the Heri- tage Conservation and Recreation Service under a Land and Water Conservation Fund grant for projects at Anderson Lakes Park or Bryant Lake Park, the City shall immediately reimburse ( the Council the total amount of funds received, presently esti- mated to be One Hundred Twenty-three Thousand Three Hundred Ninety-two Dollars and 09/100 ($123,392.09). ARTICLE 2 GENERAL PROVISIONS RELATING TO THE ENTIRE PARE PROPERTY. 2.1 Transfer of Property by City to District. The City shall transfer its title to the Entire Park Property to the District for regional recreational open space purposes as of the Effective Date of this Agreement as more fully provided in this paragraph 2.1. a. Title to Entire Park Property. The City has advised the District that it has only one abstract of title in its possession and that it does not have title opinions as to all individual parcels comprising the Entire Park Property. The City has also advised the District that a number of the indivi- • -5- j`+J) . l dual parcels have been acquired by the City by quit claim deed or tax deed and that in some cases the City has less than full fee title. The parties recognize that there may exist claims • of title adverse to the City's title and that such claims, if they exist, could be asserted against the District as successor in interest to the City. The nature and extent of any such 1 • claims, if any, is not known, but the City has disclosed to 1 the District any assertions of claims adverse to the City's 1 title that are known to the City. The parties have agreed 1 that title to be conveyed under this Agreement shall be such title as the City has and that the District shall 1 acquire such title as the City has. b. Title Obligations and Reimbursement to the District as Implementing Agency. Curing title defects or resolving adverse claims, if any, would normally be the responsibility of the City. The parties agree that the transfer of imple- menting agency responsibilities by the City to the District under. this Agreement shall also transfer to the District the duty to cure defects, if any exist. The District enters into this Agreement contingent upon agreement by the Metro- politan Council, evidenced by its Consent on page 25 hereof, that any costs incurred by the District which are necessary to cure title defects, resolve adverse claims or otherwise acquire a complete title to any parcel within the Entire Park Property, shall be reimbursed to the District by the Metropolitan Council. • i • • • c. Delivery of Title Data. Within thirty (30) days after execution of this Agreement, the City shall furnish the District with the following: (1) all evidence of its • ownership of the Entire Park Property, including copies of deeds and title opinions prepared by its counsel, (2) a • listing of any and all limitations and restrictions upon i • . the title of the City to the Entire Park Property known to the City, and (3) a listing of all existing occupancies and other uses of any part of the Entire Park Property for other • than park and recreational space purposes. d. Taxes and Special Assessments. All real estate *„n re,[krty taxes, if any, due and payable in 1981 and prior years* 4a be. Cirlue\(et 4 fy Fur,uaj shall be paid by the City. The unpaid principal balance to Val";, r°��' of all special assessments; if any, as of the Effective Date of this Agreement shall be paid by the City. e. Delivery of Deed. The City shall transfer to - s the District its title to the Entire Park Property, legally described on Exhibits "A-1" and "11-1," by quit claim deed excepting only the following parcels: 1) six (6) parcels within Anderson Lakes Park not owned by the City identified as Parcels "1" through "6" inclusive on Exhibit "A-1" and numbered "1" through "6" inclusive on the map attached to Exhibit "A-1"; and 2) five (5) parcels within bryaut. Lake Park not owned by the City identified . as Parcels "1." through "5" inclusive on Exhibit "I3-1" and numbered "1" through "5" on the map attached to Exhi- bit "13-1." • _-t ,(17 • f. Delivery of Bill of Sale. The City shall transfer to the District its title to all equipment, fixtures and • personal property in the Entire Park Property by Bill of Sale. • . g. Possession. The City shall deliver possession of the Entire Park Property, with the exceptions described in paragraph 2.1 e above, to the District not later than the Effective Date of this Agreement. 2.2 Approvals to be Obtained by the City. The City shall, prior to the Effective Date of this Agreement, obtain any approv— als such as those required under LAh'CON grants, necessary to transfer the Entire Park Property to the District under Para— graph 2.1. 2.3 District Obligations. The District shall accept the Entire Park Property and operate and maintain the Entire Park Property in accordance with District policies, ordinances and procedures. - • a. Law Enforcement. District ordinances shall apply within the Entire Park Property and District park rangers shall have authority to enforce District ordinances within the Entire Park Property, provided that nothing herein shell prevent enforcement of any ordinance or regulation of the City within the Entire Park Property which is not inconsis— tent with ordinances of the District. The City agrees to cooperate and assist the District in enforcement of District ( ordinances within the Entire. Park Property. -8- ���f f b. Shade Tree Disease Control. The District will apply its Shade Tree Disease Control Program within the Entire Park Property. • • c. Cooperation. The District will cooperate with ,. . i the City in planning and execution of its obligations under • this Agreement to effect the transfer of the Entire Park Property to the District. 1 2.4 City Obligations. • a. Transfer of Records. Upon execution of this Agreement, the City shall transfer to the District all • records, data, mapping, plans and other documents relevant to its ownership interest and its obligations at Bryant Lake and Anderson Lakes Parks. b. Cooperation. The City will cooperate with the District in planning and execution of its obligations under this Agreement to effect the transfer of the Entire 1 Park Property to the District, and shall cooperate with l • the District to give due consideration to the issuance of 1 such permits and approvals as may be required to implement 1 . the master plans to be developed for the Entire Park Prop- 1 erty. 1 c. Management. After execution of this Agreement, 1 but prior to the Effective Date, the City shall operate d and maintain the Entire Park Property, continue its • 1 ( diseased tree removal program, and shall pay for all utili- ties, maintain and keep in good repair all buildings, fix- • turves, equitunent and persona]. property as listed on Exhibits "A-2" and "13-2." i 3 ( d. Insurance. 1. Public Liability Insurance. Until the Effective Date of this Agreement, the City shall • maintain comprehensive public liability insurance, • including personal injury and property damage, with respect to the Entire Park Property, with combined single • minimum limit of coverage of not less than Three Hundred Thousand Dollars ($300,000.00) for death, personal injury and/or property damage from any one (1) accident or occur- rence naming the District as an additional insured. 2. Fire and Extended Coverage. Until the Effec- tive Date of this Agreement, the City shall keep all buildings, fixtures, equipment and personal property on the Entire Park Property insured against loss or damage by fire, lightning and other risks from time to • time included under "extended coverage" policies in the amounts presently carried by the City. If any buildings situated upon the Entire Park Property are damaged or destroyed by any cause whatsoever on or before the Effective Date under this Agreement, the proceeds of all insurance covering buildings and fix- tures listed on Exhibits "A-2" and "B-2" to be conveyed by this Agreement payable by reason of such damage or destruction shall be paid to the District, but such damage or destruction shall not affect the obligations of the histri.ct under this Agreement. 1, • • • C. Notice of Claims. Prior to the Effective • Date, the City shall provide the District with copies of all claims, actions or notices of any kind received • by the City with respect to the City's interest in • the Entire Park Property. 2.5 Acquisition Within Park Boundaries. The District re- quires as a condition of entering into this Agreement and the City hereby grants consent to the District to acquire by nego- io Lint tiation and eminent domain proceedings" the properties not owned by the City within the approved boundaries of both parks as shown on Exhibits "A-1" and "B-1" attached hereto, except Parcel No. 5 within the boundaries of Anderson Lakes Park provided, however, that the District shall not commence emin- • ent domain proceedings under Minnesota Statutes Chapter 117 unless reasonable and good faith negotiations to purchase the property have been made. • 2.6 Assumption of Existing Leases and Tenancies. The City hereby assigns, as of the Effective Date hereof, its interest in all leases and tenancies affecting any portion of the Entire Park Property to the District. The District hereby assumes and agrees to perform all obligations of the City as lessor under such leases as of the Effective Date hereof. 2.7 Special Assessments for Sewer and Water Service. Assessments by the City of the Entire Park Property or any portion thereof for sewer and water improvements shall be made i.n accordance with the principles set forth below. -11- J> a. Sanitary Sewer Service. 1. Existing Sanitary Sewer Trunk and interceptor. Sanitary sewer trunk is constructed along Anderson Lakes Parkway on the southwesterly boundary of Ander- son Lakes Park, and an interceptor is constructed j. across the northerly portion of Bryant Lake Park. 2. Sanitary Sewer Lateral. The Distict does not now anticipate a need to request the City to extend sanitary sewer lateral at either Anderson Lakes Park or Bryant Lake Park. Therefore, this Agreement does not establish an agreement for payment of the cost of any future extension, which subject is intentionally left to future negotiation between the parties. 3. Sanitary Sewer. Trunk Assessment Agreement. Sanitary sewer trunk charges shall be based upon the �. projected developed area of either park which requires sewer services. The assessment shall be based upon maximum design capacity of the developed area of the park to be served (number of persons) and an assumed forty (40) persons per acre. The number of acres to be assessed for sanitary sewer trunk shall be computed as follows: The maximum design capacity of the developed area (number of persons) shall be divided by forty (40) . '. The resulting figure shall be the number of acres which shall he assessed. The City`s 1960 standard rate for sewer trunk assessments is $1,320.00 per Jr,— '-) • , k. 33� • d • ( acre. Charges to the District shall be based on the 1980 rate. At the option of the District, payments may be made in equal annual installments over 10 years at 6 percent (6%) interest. Both the City and j the District understand and agree that the sums being paid to the City for sewer trunk assessments are the total amount due to the City for sewer trunk assess- ments within those areas designated. (a) Anderson Lakes Park. Only the souther- ly portion of Anderson Lakes Park has reasonable access to sewer trunk lines. Applying the fore- going formula to the projected development for this area, the District shall pay to the City as and for sewer trunk assessment for Anderson Lakes Park the sum of $4,620.00. (b) Bryant Lake Park. Only the north- erly portion of Bryant Lake Park has reasonable access to sewer trunk lines at this time. Apply- ing the foregoing formula to the projected development for this area, the District shall pay to the City as and for sewer trunk assess- ment for Bryant Lake Park the sum of $5,280.00. At the time of future improvements to the southerii portion of the park, District facilities in this area may be connnected to the City's serer system. At the time of connection, the District shall pay _ e • • to the City a sewer trunk assessment charge based upon the then projected development of this area of the park, and the City's 1980 standard rate for sewer trunk assessments of $1,320.00 per acre. (c) Bryant Lake Park Expansion. Upon future expansion of Bryant Lake Park by acqui- • sition of Parcels "1" through "5," as shown on Exhibit "B-1," the District shall pay, on account of said parcels, to the City, for trunk sewer assessments, $1,320.00 per acre pursuant to City's then applicable assessment procedures. 4. Sanitary Sewer Connection Charge. This charge shall be based on the number of "Residential Equivalent Units," which will be determined by an estimate of the 1 annual flow generated (one REU = 100,000 gals/yr.) The price per unit shall be governed by the City's Residen- • tial Equivalent Unit assessment at the time hook-up is made. The District shall pay at the time of the appli- cation for connection to the City's sewer system the prevailing per unit rate being charged by the City at that time. 5. Sewer Availability Charge (SAC). The City will act as the collection agency for the SAC charge. The amount of the charge will be determined by the appropriate authority and paid to the City at the time of rc•yuest: to connect to the City's system. • `3bq t • ' 6. Sanitary Sewer Service Charges. Once,Dis- f • • trict facilities are connected to the City's sewer i • • system there will be a quarterly service charge which ' is based on residential use. The District will in- i stall a metering device to determine the actual flow. The District will then pay to the City the quarterly service charge based on this actual use at the current rate. However, if usage is calculated to be below S that of a minimum charge, District will pay the mini- mum sanitary sewer service charge in effect for a residential user at that time. b. Water Service. ( 1. Water Laterals. (a) Anderson Lakes Park Water Laterals. Water main trunk and laterals are constructed along the Anderson Lakes Parkway on' the southwesterly . boundary of Anderson Lakes Park. The District does not now anticipate a need to request the City to extend water main lateral at Anderson Lakes Park from another direction. Therefore, this Agreement does not establish an agreement for payment of the cost of any future extension, which subject is intentionally left to future negotiation between the parties. (' (b) IWyant Lake Park Lateral. Water main laterals are not. constructed in the vicinity Of Bryant • • 1 ( Lake Park and it is unknown at this time whether the District will need to request the City to extend water main lateral to Bryant Lake Park. Therefore, • dr • this Agreement does not establish an agreement for payment of the cost of any future extension, which subject is intentionally left to future negotiation between the parties. 2. Water Main Trunk Assessment Agreement. Water main trunk charges shall be based upon the projected • developed area of either park which requires somourer water services. The assessment shall be based upon maxi- mum design capacity of the developed area of the park to be served (number of persons) and an assumed forty (40) persons per acres. The number of acres to be assessed for water trunk shall be computed as follows: The maximum design capacity of the developed area (number of persons) shall be divided by forty (40) . The resulting figure shall be the number of acres which shall be assessed. The City's 1.980 standard rate for water trunk assessments • is $980.00 per acre. Charges to the District shall be based on the 1980 rate. At the option of the District, payments may be made in equal annual installments over ten (10) years at 6 percent (6%) interest. Both the City • and the District understand and agree that the sums being paid to the City for water trunk assessments are the r • total amount due to the City for water trunk assessments within those areas designated. • • (a) Anderson Lakes Park. Only the south- . erly portion of Anderson Lakes Park has reasonable • access to water trunk lines. Applying the fore- going formula to the projected development for this area, the District shall pay to the City as and for water trunk assessment for Anderson Lakes . • Park the sum of $3,930.00. (b) Brant Lake Park. Trunk water lines are not available to any portion of Bryant Lake Park at this time. Applying the foregoing formu- la, at such future time that trunk water is provided along Rowland Road, the District shall pay to the City as and for trunk water assess- ment for Bryant Lake Park the sum of $12,000.00. ' • (c) Bryant Lake Park Expansion. Upon future expansion of Bryant Lake Park,by acquisition of Parcels "1" through "5" shown on Exhibit "B-1," the District shall pay, on account of said parcels, to the City, for. Prater trunk assessments, $980.00 per acre pursuant to the City's then applicable assessment procedures. 3. Water Connection Charge. This charge shall be based on the number of "Residential Equivalent Units," which will be determined by an estimate of the annual amount: of water to be used (one R1:U 100,000 gals/yr.) . l The District shall cooperate with the. City in restrict- -,7- J /� ing water usage for lawn and shrub watering during any City sprinkling bans. The price per unit shall be • governed by the City's Residential Equivalent Unit • assessment at the time hook-up is made. The District shall pay at the time of the application for connection• to the City's water system the prevailing per unit rate being charged by the City at that time. • 4. Water Service Charges. Once the District's facilities are connected to the City's water system, • there will be a quarterly service charge which shall • be based on residential use. The District will install a meter on each building and a meter for each other service area. Also, all areas served by sanitary sewer facilities will be metered through the use at the current rate. However, if usage is calculated to • be below that of a minimum charge,. the District will pay the minimum water service charge in effect for a residential user at that time. 2.8 Future Special. Assessments for. Street Improvements. City agrees, at the request of the District, to consent to a request by the District to have streets adjacent to the Entire Park Property designated as Park Access }toads by Hennepin County. Such designation shall not be to the detriment of the City in terms of City's cost for construction and for maintenance of such �- roads. If adjacent roadways arc not so classified as Park Access . I 351 • • • Roads, the City may assess District for street improvements adja- cent to the Entire Park Property on the same basis as residential streets are assessed. The District shall have the right to re- • 9 view and comment on street improvement plans prior to construc- 1 tion. 2.9 Requests for Right-of-Way. Upon request from the City, the District shall grant an easement to the City, at no cost to the City, for street and associated utility purposes not to exceed twenty (20) feet in width adjacent to the existing roadway to permit the City to widen Rowland Road at Bryant Lake Park. 2.10 Water and Sewer Easement. Upon request from the City, ( the District shall grant a thirty (30) foot wide water and San- • itary sewer easement to the City, at no cost to the City, from Rowland Toad westerly through the park following the existing east/west private access road on the north end of Bryant Lake Park in the approximate location shown in Exhibit "C" attached hereto and made a part hereof. The location and width of temporary and permanent easement, construction methods, con- ditions for prevention of erosion and revegetation shall be mutually acceptable to the City and the District prior to the start of construction. 2.11 Storm Sewer Easement. Upon request from the City, the District shal1 grunt an casement to the City, ,at no cost to the City, to construct:, operate, maintain and repair a storm • • activity being the removal of existing plant materials. My plant material stock remaining after October 1, 1985, shall become the property of the District. 3.4 Outdoor Recreational Programming from Blacklock Interpretive Area. The District shall allow the City, in cooper- ation with the District, to conduct a nature interpretive pro- • gram from the area commonly known as the "Blacklock Interpre- • tive Area" west of County Road 18. 3.5 Completion of Pending Acquisitions. The City agrees to complete the pending condemnation action within the established boundaries of the Anderson Lakes Park, and to convey this prop- erty to the District upon completion of the condemnation proceed- ing. Funds for this acquisition are provided under a current contract between the City and the Metropolitan Council for acquisition of Anderson Lakes Park. 3.6 Additional Property Acquisition. The City shall use its best efforts to acquire, by dedication or donation, Parcel No. "1" delineated on the map attached to Exhibit "A-1," and to transfer this parcel to the District. 3.7 City Responsibility for Pending Litigation, The City shall retain its status as a defendant in Janke v. City of laden Prairie, Hennepin County District Court File No. 7GEG00, and the District shall incur no obligation to defend, or any liability regarding, any claims made against the City or Robert Lambert in that 1it.igat.ion. _�1- • f sewer across Bryant Lake Park in the approximate location shown on Exhibit "C" attached hereto and made a part hereof, and t pursuant to the City's Comprehensive Drainage Plan. The loca- • tion and width of temporary and permanent easement, construction methods, conditions for prevention of erosion, revegetation, and methods for control of the quality of the water entering Bryant • Lake shall be mutually acceptable to City and District prior to i start of construction. It is understood that the City reserves j the right to assess the District for a portion of the cost of construction of the storm sewer, pursuant to the City's then current storm sewer assessment policy. ARTICLE 3 PROVISIONS RELATING TO ANDEI2SON LAKES PARK. • 3.1 Master Plan. The District shall prepare a joint master plan for the Anderson-Hyland-Bush Lake Park Reserve, including the Anderson Lakes area. The City shall have the right to • review and comment on the master plan. 3.2 Construction of Bikeway. The City shall construct, pursuant to City specifications, an eight foot (8') asphalt bikeway along Anderson Lakes Parkway prior to 1981 at its own expense, to be reimbursed by the Metropolitan Council from its • development funds, upon approval of the master plan. 3.3 Tree Trust Nursery. The City, along with the cities of Richfield and Golden Valley, shall close the Tree Trust • R Nursery by October 1, 1985. It in understood that no new stock shall be added to the nursery, the only substantial • -20- m f 3.8 Historical/Cultural Center. The Eden Prairie Historical/Cultural Commission shall be allowed to,use, with- out expense or liability to the District, the Wayne Brown • house and barn, located on County Road 18, as its Historical/ Cultural Center through 1982. • ARTICLE 4 PROVISIONS RELATING TO BRYANT LAKE PARK. ' ' ' 4.1 Master Plan. The District shall prepare a master plan for Bryant Lake Park showing revised boundaries. The • City shall have the right to review and comment on master plan revisions. • 4.2 Park Boundaries. The City hereby approves the bound- aries for Bryant Lake Park as shown on Exhibit "B-1" attached hereto. • • 4.3 Swimming Beach and Picnic Area Operation. The Dis- trict shall commence operation of the swimming beach and pic- - • nic area in 1981. The facility may be closed during major • redevelopment and construction activities which interfere with continued operation of the facility. 4.4 Transfer of Obligations Under Contract with Joint • Indemcndent School District No. 287. The City hereby assigns to the District, as of the Effective Date hereof, its obliga- tions under a lease between the City of Eden Prairie as lessor and the Joint independent School District No. 287 as lessee, dated September 1, 1979. The District hereby assumes and agrees i to perform all obligations; of the City as lessor. under the lease i as of the Effective Date of this Agreement. -22- . • • I ARTICLE 5 GENERAL PROVISIONS. 5.1 Notice. Any notice given under this Agreement shall b• e deemed given on the date the same is deposited in the United States Mail (registered or certified), postage pre-paid, addressed as follows: If to the City: City of Eden Prairie Attn: Department of Community Services City Hall 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 If to the District: Hennepin County Park Reserve District 3800 County Road 24 Maple Plain, Minnesota 55359 5.2 Survival of Covenants. All covenants, agreements, repre- sentations and warranties contained herein shall survive transfer of the Entire Park Property and shall be enforceable by either the City or the District. 5.3 Headings. The headings incorporated in this Agreement are for convenience in reference only and are not a part of this Agreement and do not, in any way, limit or add to the terms and provisions hereof. 5.4 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and each of their representatives, successors and assigns. CITY OP EDEN PRAIRIE By Its Mayor And Its City Manager Date of Execution by the City: 3� —' 198 HENNEPIN COUNTY PARK RESERVE DISTRICT• ### - By Its Chairman And Its Superintendent and Secretary • to its Board of Commissioners Date of Execution by the District: , 198 . • • 3(q - 1 -94- t • • • CONSENT TO AND 1 • APPROVAL OF AGREEMENT - • • A ( The Metropolitan Council hereby consents to and approves the fore- • going' Agreement between the City of Eden Prairie and the Hennepin County Park Reserve District; hereby approves the acquisition phase t master plan for Bryant Lake Regional Park incorporating the boundaries I as shown on Exhibit "B-1" attached hereto; hereby agrees to enter into acquisition grant contracts with the District to provide funding for acquisition and related special assessments of properties identified in the Council approved master plan for Anderson Lakes Park or Bryant • Lake Regional Park, consistent with the Council's normal grant processes and schedules; hereby agrees to enter into agreements with the District to provide funding for payment of special assessments and correction of such title defects, if any, on properties conveyed pursuant to this agreement, within the boundaries of Anderson Lakes Park and Bryant Lake Regional Park, as may exist as of the date of conveyance from the City to the District; hereby agrees to reimburse the City in the estimated'amount of Three Hundred Twelve Thousand Four Hundred Fifty-Eight and 74/100 ($312,458.74) Dollars, subject to an off-set of approximately One Hundred Twenty-Three Thousand Three Hundred Ninety-Two and 09/100 ($123,392.09) Dollars which the y9 City may receive from the Heritage Conservation and Recreation Service I pursuant to a Land and Water Conservation Fund grant; hereby agrees to reimburse the City and the District for the following costs incurred I. in accomplishing the transfer of land described in this Agreement: legal services performed by persons or organizations not regular members of the City's staff or of a public agency affiliated with the City. METROPOLITAN COUNCIL • By Its Approved as to legal • form and adequacy: • i Ofiice of Staff Counsel Date of Execution by the Metropolitan Council: , 1981 i • • EXHIBIT A-1 Parcel 1 That part of Government Lots 6 and 7, Section 13, Township 116, Range 22, Hennepin County, Minnesota lying southerly of the following ' described line: Beginning at a point on the east line of the west 50.feet of the east 665.00 feet distant 870 feet southerly from the ' centerline of the old original State Highway No. 5; thence northwesterly • to a point on the east line of the west 665 feet of said Government Lot 7 distant 600 feet southerly from said centerline of the old original State Highway No. 5 thence westerly, parallel with said centerline 340 feet; thence northwesterly to a point on the west line of said Government Lot 7 distant 250 feet southerly of the southerly right of way line of State Highway No. 5; thence westerly parallel with the southerly right of way line of said State Highway No..5 to a point that is 14.7 feet west of the east line of said Government Lot 6 and there terminating. • Parcel 2 • • Tract B, Registered Land Survey No. 785, Files of Registrar of Titles, County of Hennepin. • Parcel 3 ( Lot 2, Block 1, Janke's First Addition according to the plat thereof on file or of record in the office of the Registrar of Titles. County of Hennepin. • Parcel 4 • Lot 1, Block 1, Janke's First Addition according to the plat thereof on file or of record in the office of the Registrar of Titles, County of Hennepin. Parcel. 5 Lots 4 and 5, Block 1, Janke's First Addition according to the plat thereof on file or of record in the office of the Registrar of Titles. County of Hennepin. Parcel 6 Lots 6 and 7, Block I, Janke's First Addition according to the plat thereof on file or of record in the Office of the Registrar of Titles, ( County of Hennepin. ?/ ( Pace 1 of B EXHIBIT n—I, J I Parcel 7 • �. That part of the East 615 feet of that part of Government Lot 7, lying South of State Highway Number 5, In Section 13, Township 116, Range 22, and situated in Hennepin County, Minnesota, lying South of the following • described line: Commencing at the intersection of the East line of said Government Lot 7 with the South line of Old State Highway Number 5; thence on an assumed bearing of South 0 degrees 02 minutes 40 seconds West along the East line of Government Lot 7, a distance of 544.57 feet to the beginning of the line to be described; thence South 66 degrees 30 minutes West, a distance of 320.00feet; thence South 22 degrees 30 minutes West, a distance of 236.00 feet; thence South 86 degrees 30 minutes West, a distance of 160.00feet; thence North 42 degrees 12 minutes 02 seconds West, a distance of 106.81 feet, more-or-less, to the West line of said East 615.00 feet and there terminating. • • Parcel 8 • That part of Government Lot 6. Section 13, Township 116, Range 22, described as follows: Commencing at a point in the southerly right of way line of State Highway Ho. 5, distant 261 feet westerly (measured along said southerly line) from the east line of said Government Lot 6; thence northerly parallel with the east line of said Government Lot 6 to the original centerline of State Highway No. 5; thence West (assumed bearing) along said centerline to the west line of Government Lot 6; thence South 0° 52'30" west along the west line of said Government Lot 6, a distance of 844.50 feet to the actual point of beginning of the tract of land to be described; thence North 74° 31'07" • East, 2.54.75 feet; thence South 53°01'35" East, 228.14 feet; thence South • 52°19'01" East, 82.04 feet; thence South 55° 42'32" East, 123.12'feet; thence South 48' 54'36" East, 180.96 feet; thence South 59° 20'19" East, 105.27 feet; th::nce North 49° 07'10" East, 190.03 feet; thence North 42° 08'55" West, 255.74 feet; thence North 46° 55'30" test, 141.63 feet; thence North 7' 07'30" East, 153.145 feet; thence North 34° 07'30" East. 420.00 feet; thence North 86° 49'48" East. 92.80 feet to a point, said point being 250 feet south of the southerly right of way line of State Highway No. 5, as measured at right angles thereto, and 264.7 feet west of the east line • of said Government Lot 6 as measured along a line parallel with the southerly right of way line of said State Highway No. 5; thence East, parallel with the southerly right of t.ay line of said State Highway No. 5, a distance of 250 feet to a point which is 14.7 feet west of the east line of said Governrnant. Lot 6; thence-southerly, parallel with and i4.7 feet west of said cast line of Governent Lot 6 to a point 1563.95 feet south of the southerly right of way line of said State Highway No. 5; thence southeasterly to the southeast corner of said Government Lot 6; thence northerly nesterly along the shoreline of Anderson Lake to the west line of said • Governsnt Lot 6; thence northerly along the west iine of said Government • Lot 6 to the actual point of beginning. • e:vriYut't' A-l. Paqu 2 of U • Parcel 9 • {. That part of Government Lot 5, Section 13, Township 116. Range 22, Hennepin County Minnesota lying southerly of the following described line: Beginning at a point on the east line of said Government Lot 5 distant 844.50 feet south of the original centerline of State Highway No. 5; thence South 22 degrees 46 minutes 26 seconds West (assume the east line of said Government Lot 5 to have a bearing of South 0 degrees 52 minutes 30 seconds West) 162.32 feet; thence North 72 degrees 08 minutes 25 seconds West 217.16 feet; thence North 36 degrees 42 minutes 04 seconds West to the east line of Tract C, Registered Land Survey No. 1509 and there terminating. • Parcel 10 Tract D, Registerd Land Survey No. 1509, Files of Registrar of Titles. County of Hennepin. • Parcel 11 • That part of Government Lot i and accretions thereto, Section 13, Township 116, Range 22, described a beginning at the intersection of the South line of said Government Lot 1 and a line drawn parallel with and 640 feet West from the East line of said Government Lot l; thence North along said last • described parallel line a distance of 310.45 feet, which point is marked by a Judicial Landmark set pursuant to Torrens Case No. 12666; thence deflecting to the left 87 degrees 54 minutes 24 seconds a distance of 328.28 feet, which point is marked by a Judicial Landmark set pursuant to Torrens Case No.-1Z666; thence deflecting to the right 88 degrees 26 minutes 29 seconds a distance of 317.5 feet, which point is marked by a Judicial Landmark set pursuant to Torrens Case No. i2666; thence deflecting to the left 90 degrees 01 minutes a distance of 907.3 feet, which point is marked by a Judicial Landmark set pursuant to Torrens Cose.No. 12666; thence deflecting to the right. 1 degree, 36 minutes 50 seconds a distance of 519.%5 feet, which point is marked by a Judicial Landmark set pursuant to Torrens Case No. 12666; thence deflecting to the left 52 degrees 52 minutes 25 seconds to the shore of Anderson Lake; thence Southeasterly along the shore of Anderson Lake to the South line of said Section 13; thence Last along the South line of said Section 13 to the point of beginning. according to the Government Survey thereof. c SC t;>:uI131T A-14 l'ayt' 3 of tt Parcel 12 • All that part of the following described property situated in Government Lot 1. Section 13, Township 116, Range 22 and accretions thereto described as: Beginning at a point 1141.84 feet North of the South line of said Government Lot 1 along a line drawn parallel to and 640 feet West measured at right angles from the East line of said Government Lot 1 which point is marked by a Judicial Landmark; thence South along said parallel line 831.39 feet. which point is marked by a Judicial Landmark; thence deflecting to the right 92 degrees, 05 minutes and 36 seconds a distance of 328.28 feet which point is marked by a Judicial Landmark; thence deflecting to the right 88 degrees, 26 minutes and 29 seconds a distance of 317.5 feet which point is marked by a Judicial Landmark; thence deflecting to the left 90 degrees and 0i minutes along a line to be hereafter known as Line "A", a distance of • 907.3 feet which point is marked by a Judicial Landmark thence deflecting to the right 1 degree, 36 minutes and 50 seconds a distance of 519.75 feet which point is marked by a Judical Landmark; thence deflecting to the right 127 degrees, 07 minutes and 35 seconds a distance of 442.95 feet, which point is marked by a Judicial Landmark; thence deflecting to the right 50 degrees, 44 minutes and 30 seconds a distance of 370.0 feet, which point is marked by a Judicial Landmark; thence deflecting to the left 90 degrees a distance of 129.95 feet to a point 1101.05 feet West of the point of beginning on a line drawn Hest at right angles to the first described parallel line from the point of beginning, which point is marked by a Judical Landmark; thence East 1101.05 feet to the point of beginning, according to the Govern- ment Survey thereof which lies South of the Easterly extension of said Line "A/1 to the East line of above described property. Parcel 13 That part. of Government Lot 1, Section 13, Township 116, Range 22 described as follows: • Commencing at a point 1,141.84 feet North from South line of Government Lot 1. measured along a line parallel with and 640 feet West from East line thereof; thence South along said parallel line 831.39 feet; thence at an angle to the right of 92 degrees, 05 minutes, 36 seconds, a distance of 328.28 feet; thence at an angle of the right of 68 degrees 26 minutes, 29 seconds, a distance of 317.5 feet to actual point of beginning; thence at an angle to the left of 90 degrees, 01 minutes along a line to be hereafter Lnown as Line A, 907.3 feet; thence at an angle to the right of 1 degree, 36 minutes, 50 seconds, a distance of 519.75 feat; thence at an angle to the right of 127 de roes, 07 minutes, 35 seconds, a distance of 442.95 feet; thence at an angle to the right of 50 degrees, 44 minutes, 30 seconds, a distance of 370 feet; thence North at right angles 129.95 fCet he e4 of the; tncLt1101.05 05- feet; thence South parallel with fast line of section of the Lasterly extension of Line A; thence West of point to beginning, except road. { ?el 1:X1111s1T.A-1, Paya 4 of 8 • • Parcel 14 ' That part of Government Lot 1, Section 13. Township 116, Range 22, and , accretions thereto, lying North of a line described as beginning at a point on the East line of said Government Lot 1 distant 1252.1 feet • North along said East line from the Southeast corner thereof; thence West parallel to the South line of said Government Lot 1 to an. intersection with a line drawn parallel to and 640 feet West; measured at right angles, from the East line of said Government Lot 1; thence South along the last described parallel line 110.26 feet to a point 1141.84 feet North along said parallel line from the South line of said Government Lot 1, which • point is marked by a Judicial Landmark set pursuant to Torrens Case No. 12666; thence West at right angles 1101.05 feet to a Judicial Landmark set pursuant to Torrens Case No. 12666; thence continuing West along the • last described line to the shore of Anderson Lake, according to the Governmat Survey thereof. {i Parcel 15 • 1 Tract C, Registered Land Survey No. 785, Files of Registrar of ' Titles, County of Hennepin. The West line. of Tract now de- scribed as Registered Land Survey No. 785 being marked by Judicial Landmarks set pursuant to Torrens Case No. 12666. Darc`6 That part of Government Lot 1, Section 13, Township 116. Range 22, described as follows: • Beginning at the Southeast corner of said Government Lot 1; thence North along the East line thereof 442.4 feet; thence West parallel to the South line of said Government Lot 1 to an intersection with a line drawn parallel • to and 640 feet West, measured at right angles, from the East line of said Government Lot 1; thence South along the last described parallel line 442.4 feet to the South line of said Government Lot 1; thence East along said ,, South line to the point of beginning. A part of the West line thereof being marked by Judicial Landmarks set pursuant to Torrens Case No. 12666. according to the Government Survey thereof. parcel 17 Lot 3, Block 1, Janke's First Addition, according to the plat thereof on file and of record in the Office of the Registrar of Titles in and for Hennepin County. • ii fU EX11IIlI'1' n-1, Page S of 13 • . Parcel 18 Tract A, Registered Land Survey No. 785. Files of Registrar of Titles. County of Hennepin. The West line of Tract now described as Registered Land Survey No..785, being marked by Judicial Landmarks set pursuant to . Torrens Case No. 12666. • Parcel 19 That part of Government Lot 1, Section 13, Township 116, Range 22, • Hennepin County, Minnesota and accretions thereto, described as follows: Commencing at a point 1141.84 feet North of the South line of said Government Lot 1 along a line drawn parallel with and 640 feet West as measured at right angles from the east line of said Government Lot 1, which point is marked by a Judicial Land Monument set pursuant to Torrens Case No. 12666; thence . . West at right angles to said parallel line 1101.05 feet along a line here- after referred to as Line "A" to a Judicial Land Monument set pursuant to Torrens Case No. 12666 and the point of beginning of the following described tract; thence South 129.95 feet to a Judical Land Monument set pursuant to Torrens Case No. 12666; thence deflecting to the right 90 degrees a distance of 370.0 feet to a Judical Land Monument set pursuant to Torrens Case No. 12666 and the easterly of Tract 0, Registered Land Survey Ho. 1509, files of Registrar of Titles, County of Hennepin; thence deflecting to the right 47 degrees 03 minutes 01 seconds along the northeasterly line of said Tract D a distance of 370 feet more or less to the shore of Anderson Lake; thence Southeasterly and northerly along the shore of Anderson Lake to the point of intersection with the westerly extension of said Line "A" from the point of beginning; thence easterly along said westerly extension of said- Line "A" to the point of beginning. • Parcel 20 • All of Government Lots 4 6 5, Section 24, Township 116, Range 22, Hennepin County, Minnesota. • • • • • J1� s»ixTnrm rnclt' 0 of 8 • • • Parcel 21 • That part of Outlot B lying South of the North line of Government Lot 8 end its extension Easterly, Section 24, Township 116, Range 22 and lying ( Westerly and Southerly of the ordinary high water line as defined in Hennepin County District Court Registration Proceeding No. 3044, Basswood Forest, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. • The ordinary high water line of Anderson Lake is at all points'between the Westerly and Easterly meander lines of said Anderson Lake and is determined at this time to be 5 feet below the under arch on the Westerly side of cement bridge over channel connecting Anderson and Bush Lake.. Subject to a restriction as shown in deed Doc. No. 1095654, Files of Registrar of Titles with reversionary clause. Parcel 22 • . • Outlot 8, Government Lot 6, Section 24, Township 116, Range 22 lying westerly of the ordinary high water line as defined in Hennepin County District Court Registration Proceeding No. 3044, Basswood Forest, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. . Parcel 23. Government Lot 3 and that part of Government Lot 9 lying easterly of the east line of Outlot 0, Basswood Forest, according to the plat on file in the office of the Registrar of Titles, Hennepin County, Minnesota, all in Section 24, Township 116, Range 22, including accretions thereto and riparian rights in meandered lakes adjacent to the above described lands. Parcel 24 • That part of Outlets B E D, Basswood Forest, according to the plat thereof on file or of record in the office of the Registrar of Titles Hennepin County, Minnesota, All in Government Lot 9, Section 24, Township 116, Range 22, Hennepin County, Minnesota. 2 /) EXHIBIT A--1, Par 7 of it • • Pace-T`Z5 fillet part of Government Lot 2 and.the Southeast Quarter of the Southeast ( ;Quarter of. Section 24, .Township 116, Range 22, Hennepin County, Minnesota 11<ying•northerly and easterly.of the following described line: Beginning at ;a point on the north line of said Government Lot 2 distant 165.61 feet • , least of the northwest corner of said Government Lot 2; thence southeasterly on a nontangential curve to the left (central angle 55 degrees 33 minutes •27. seconds, radius 66.20 feet and having a chord bearing of South 60 degrees 52 minutes 12 seconds East) assume the north line of Government Lot 2 tto have a bearing of North 89 degrees 58 minutes 55 seconds East, 645.99 cfeet to, a point on the northerly right of way of Amsden Road; thence South )6 degrees 00 minutes 55 seconds East 33.00 feet; thence North 73 degrees • 9'minutes 05 seconds East 186.13 feet; thence easterly on a tangential curve to the right (central angle of 3 degrees 28 minutes 00 seconds and a radius of 2865.02 feet) a distance of 173.33 feet; thence North 77 degrees 27 minutes 05 seconds East to a point on the east line of said Government Lot 2 distant 1155.00 feet north of the southeast corner of said Government Lot 2; thence easterly at a right angle to the east line of said Government Lot 2 a distance of 143.78 feet; thence north parallel {,ith the east line of said Government Lot 2 to the north line of said Southeast puarter of the Southeast Quarter and there terminating. • Parcel 26 - • - . That part of the Southeast Quarter of the Southeast Quarter of Section 24. _._ Township 116, Range 22, Hennepin County, Minnesota Tying northerly and easterly of the following described line: Commencing at a point on the east line of said Section 24 distant 1329.73 feet south of the east quarter corner of said Section 24; thence North 84 degrees 53 minutes west, assume the east line of the Southeast Quarter of said Section 24 to have.a bearing of North, a distance of 443.90 feet to the point of beginning of the line to be described; thence South 78 degrees 03 minutes West to a point on a line parallel with the west line of said Southeast Quarter of the Southeast Quarter distant 143.18 feet east of said west line of the Southeast Quarter of the Southeast Quarter; thence northerly along said parallel line to the - north line of said Southeast Quarter of the Southeast Quarter and there terminating. • Parcel 27 An easement over the following described property as created by Lasement Agreement recorded as Document. No. 4451541 in the Office of the Registrar of Titles, Hennepin County, Minnesota. Tracts C and B, Registered Land Survey No. 1509, Files of Registrar of Titles, County of Hennepin. • • ANDERSON LAZES PARE- 2/18/80 . TYPE OF STRUCTURE ADDRESS SIiE House 898Q CO. Road 1.8 1 802 s !e (louse 90 Timber Trail 1 373 s ft' .... 428516 Timber Trail 1 200 sq. fi. House „ 500s • ft• Garage • 600 s ft. Storage Shed ' House 8920 County Road 18 2,391 s t. 952 sq. ft. . Barn „ 528 sq. ft. Garage/Guest House • House 9080 County Road 18 1,623 „ 2,346 sq. ft. Maintenance Garage Gas Pumps, Tank, Etc. • • • • 11 ! T ._... • EXHIBIT B-1 • parcel 1 • The Northwest Quarter of the Northwest Quarter of Section 2, Township 116, • • Range 22, Hennepin County, Minnesota except Registered Land Survey No. 463. and • That part of Government Lot 4, Section 2, Township 116, Range 22, Hennepin County, Minnesota lying northeasterly of Registered Land Survey No. 1000, except Registered Land Survey No. 463. • Parcel 2 • Tract A, Registered Land Survey No. 463, Files of Registrar of Titles, County of Hennepin. • Parcel 3 Tract B, Registered Land Survey No. 463, Files of Registrar of Titles, County of Hennepin. Parcel 4 • That part of the Southwest Quarter of the Northeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota lying westerly at the Cast 8.85 chains of said Southwest Quarter of. the Northeast Quarter and southerly of the centerline of Rowland Road as now traveled. Parcel 5 The East 8.85 chains of the Southwest Quarter of the Northeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota lying southerly of the centerline of Rowland Road as now traveled. Parcel. 6 1 That part of the Northeast Quarter of the Northwest Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota lying westerly of • the centerline of Rowland Road as traveled. • 57 EXHIBITB-1, Page I of 2 Parcel 7 ( That part of Government Lot 3. Section 2, Township 116, Range 22, Hennepin County, Minnesota lying southerly and westerly of the centerline of Rowland Road as traveled. • Parcel 8 • All of Government Lot 2, Section 2, Township 116, Range 22, Hennepin County, Minnesota except that part lying northeasterly of the centerline • of Rowland Road as traveled. Parcel 9 • That part of Government Lot 1, Section 2, Township 116, Range 22, Hennepin. County, Minnesota lying northerly of Registered Land Surveys No. 1421 and 1448. • Parcel 10 That part of the Northeast Quarter of the Southeast Quarter of Section 2, Township 116, Range 22, Hennepin County, Minnesota lying southerly of the centerline of Rowland Road as traveled and easterly of the plat of GOLDEN RIDGE HILLS except the following described tract: Beginning at the north- east corner of Lot 3, Block 2, GOLDEN RIDGE HILLS; thence westerly along the north line of said Lot 3 a distance of 150.00 feet; thence northerly parallel with the east line of said Section 2 a distance of 300.00 feet; thence easterly parallel with the north line of said Lot 3 a distance of 300.00 feet to the.east line of said Section 2; thence southerly along the cast line of said Section 2 to the point of beginning. Said tract contains 1.0 acre more or less. 1 1 1 BRYANT LAKE FARE- 7/1e/70 1 TYPE OF STRUCTURE ADDRESS SIZE • House 6732 Rowland Road 1,281 sq. ft. House 6400 Rowland Road 1,240 sq. ft. Riding Arena 6Stable " 20,000 sq. ft. Tie Stall Barn " 3,600 sq. ft. Hay Shed " 4,503 sq. ft. House 6808 Rowland Road 1,893 sq. ft. Garage " 528 sq. Ft. Storage Building " 2,400 sq. ft. Barn " • 2,649 sq. ft. • Silo " 7,944 eu. ft. • ,7 1 L'xf1713IT "ri-2„ _ . • . . • STORM SEWER HIGHLIGHTED • . . • ( • • , • • . . . . 1/ 1 \\I '1 I c .. . • 0177-371 • .............\.......).' 015 f L .__ r../ .116 inv.:R. ir. el • i) • t IN 1 1 i . • .. ...•..., , , i ,. . 4'''' • NS) El iya n1 I • • :IN- Lo A'e 1 ".......—.....0.".."..... 1 3 I 11 i....,......-- %S. , 4".S ,.... \,,,,... „,,,._ , . ,......_..„, \\(- 3 --s. • : , . et,,_,-----,:-..Z ,, ,..,... i _... N io,._ m° C r 8 6" r ' c.,!--1`.`),..r,,:,./:1---)T— ( -3'), lit -••:...o.,..0.... 1----)N.--: il-----'-----------1,.----.4 .-,.....-..---_.--..-...,,,,---4-- :: ' • IV------"-- I i I " 14 \ \ %.144 II 4.....1 !.' 1 / Ane0/Sen 1 I a I . .•• --------- .,,. „ , • We.: 1 ''':.-., •i ';11Nlit-liS L....i. .. . ER, 1(.).10 , tl- N , , - ) _.__ ; , •-• •- -- I L.L.......„..„ k,'.:'.7.7-....L..e)41.1--. :/...07 "".....— -j: ) ">2 s - -.;- ) /6 - % 1 . EXIiiitiT " I ......... .-- -. ..- 37 8el- IJ 111-1: Hennepin County Park Reserve District 3800 County Road 24•Maple Plain,Minnesota 55359•Telephone 612-473-4693 • PARK RESERVES January 30, 1981 BAKER CARVER CROWTHASSAN ELM CREEK MEMORANDUM HYLAND LAKE LAKE REBECCA MURPHYHANREHAN• To Bob Lambert, Director of Community Services, City of Eden Prairie REGIONAL PARKS CLEARYLAKE• • From: Marilyn Egerdal, Administrative Assistant _t COON RAPIDS DAM Hennepin County Park Reserve District Arl_, EAGLE LAKE FISH LAKE DAAMESMES W W WILKIE' Pan Boundaries Re : Reasons for Expanded Bdaries at Bryant Lake Regional Park . MEDICINE LAKE SPRING LAKE' SPECIALUSEAREAS This memorandum is in response to your request for District staff BAKERPARKGOLFCOURSE to provide information to the Mayor and City Council detailing CLEARY LAKE GOLFCOURSE• 1 and justifying the District's request for additional acquisition/ HYLAND HILLS SKI AREA NDERENBERG MEMORIAL ; expanded boundaries at Bryant Lake Regional Park. TRAILCORRIDORS Overall, the District's objective is to be able to develop and NORTH HENNEPIN TRAIL operate Bryant Lake Park as a viable regional park, capable of OTHER PARKS effectively and efficiently serving the citizens of Eden Prairie WAWATASSO ISLAND t as well as surroundingcommunities. The expansion is vital to W 00SE CHASE ISLAND P •SCOTTHFNNEPIN providing adequate area for a regional level of development and PARK AUTHORITY use, improved protection of the natural resources, and prevention of numerous management problems, which would impact surrounding property owners as well. The District, as well as the Metropolitan Council, have established BOARD OF and adopted policies which set forth standards for the acquisition, COMMISSIONERS development, and operations of regional parks. The objective of • DONALO C.RINGHAM - the criteria for acquisition is to provide guidelines for the CHAIRMAN MINNEAPOLIS establishment of regional parks which will provide a variety of WILLIAMBARBEAU high quality outdoor recreation experiences in natural resource VICE CHAIRMAN settings. Guidelines state that a regional . ark site should be sT LOUIS PARK g g P JUDITHS.ANDERSON 200 to 500 acres in a natural setting contiguous to water bodies. BLOOMINGTON Lands now held by the City of Eden Prairie amount to 155.83 acres. SHIRLEY A.BONINE The proposed acquisition of 67.53 acres will bring the total to MAPLE PLAIN PHYLLIS CRIMMINB 223.36 acres. MINNEAPOLIS AMELIA M.DPMUSE District staff, in the case of Bryant Lake Park, have performed MINNEAPOLIS detailed investigation and analysis of Bryant Lake Park and WILLIAM GENTRY W RETPE surrounding land to determine if the existing area can effectively JOHND-HANNAH serve as a regional park, and if not, what additional land is ORONO needed. The attempt was then made to establish boundaries at CHARLES R.PIHL a point which will best preserve the integrity of a regional park. oRON � RAYMOND N SEAGREN Factors such as easing the management concerns of differing , 1.91,.NEAPOLIS AN( ARIE SOLENSKY AONNEAPOLIS CLIFTON E FRENCH SUP,RrNTENDENT& SECRETARY TO TAP BOARD 9 Director of Community Services, City of Eden Prairie - 2 t adjacent land uses and administrative problems related to park access and operation were considered in detail. At Bryant Lake Park, our analysis indicates that certain additional acqui- sitions are essential to the basic functioning of the area as a regional park and the protection of the resource. The rationale are detailed below. Reasons for acquiring two parcels in the central portion of the park along Rowland Road (Current ownership by Rodberq and Uherka): • The current access to the park is unsatisfactory. These two parcels are located along a stretch of Rowland Road that provides the best location for a safe entrance with respect to horizontal and vertical sight distance. As use increases, this will become continually more important. • Functionally and aesthetically, these two parcels represent inholdings. Acquisition would bring the park boundary to Rowland Road, resulting in a continuous park boundary along Rowland Road; one of the District's acquisition objectives is to have parkland boundaries go to public roads. Problems associated with management of ingress/egress, boundary control, are thus more effectively resolved. • Presently, these private land holdings extend far into the park, having a bisecting effect, thus restricting development and recreation use. • Acquisition would result in control of a drainage draw, aiding in control of surface runoff to the lake. Reasons for proposed expansion to the northwest (Current ownership by Metram and Hanley): • Acquisition would eliminate a private driveway easement across parkland. The presence of this road through a high use portion of the park creates serious and undesirable operational problems of interference with the public receation use and potential problems of vandalism and unauthorized use. As park use increases, the situation will also invite unwanted intrusion onto the privately held sand. • Acquisition would widen the narrow northern end of the park, currently as narrow as 400 feet, east to west. This would result in badly needed additional space for longer, more viable trails, particularly in relation to the equestrian facility. Currently, there is no area of the park which is well suited for the development of a nature-oriented trail system. The proposed acquisition would correct this situation. This area of the park might also be utilized for day camping and other kinds of group activities. If this area were to be extensively developed as residential, potential conflicts in use, as well as the visual/aesthetic impact on the park would be detrimental. Use of the northern end of the park is now, and in the future will become, severely limited unless additional acquisition is accomplished. Director of Community Services, City of Eden Prairie - 3 • Acquisition would bring the northern boundary to the proposed Crosstown Highway without intervening land use. This would ease management problems associated with conflicting adjacent public and private property uses. • , Acquisition would result in the protection of an additional 1,000_feet of_ lake shoreline. With this, a total of 5,400 feet, or 1.02 miles, of shoreline will be protected by the regional park. • Acquisition of the extensive drainage way which flows to the lake would assure control of surface runoff to the lake, contributing to management for high water quality. The drainage way covers an area of approximately 22± acres. • Acquisition would proect an additional 1,000 feet of the South Fork of Nine Mile Creek which flows into Bryant Lake via the drainage way mentioned above. With this addition, a total of 3,000 feet, or .6 mile, of creek would be protected as part of the regional park. Control of the creek and . drainage way would aid in providing high water quality in Bryant Lake. • The western edge of the proposed new boundary encompasses about 13 acres of heavily wooded area which would serve as an effective buffer from nearby residential tracts and Interstate Highway to the west. • The proposed acquisition area includes the remainder of an attractive wooded knoll overlooking Bryant Lake. A portion of this knoll lies within the present park boundary. Inclusion of the entire knoll in the park is highly - desirable from the standpoint of recreation use, management, and aesthetics. • a MCE:ghd MEMORANCUM • TO: Mayor and City Council • THRU: John D. Frane, Acting City Manager r—�� FROM: Bob Lambert, Director of Community Services 4"' DATE: Janaury 29, 1981 SUBJECT: BMX Track During the fall of 1980, Mr. John Lobben appeared before the City Council requesting the Council to authorize funding for construction of a BMX Track in Eden Prairie. City staff had reviewed other designs of tracks and had given a cost estimate of approximately $4,900 for construction of a track, spectator seating, etc. The Council indicated to Mr. Lobben that the City receives many requests throughout the year for funding of numberous projects. Prior to approving any project, the City must be convinced that it will be used by a high number of people. The Council urged Mr. Lobben to come back to the Council with his request when he could show a high degree of support from the community for such a project. The proposed Pd1X Track is to be contructed at the Flying Cloud Ballfield site. The Metropolitan Airports Co :mission officials have indicated they would approve the development of this kind of facility only after reviewing plans for construction and access. • City staff will be leasing a bulldozer again during the summer of 1931 for construction of bicycle trails. Staff has estimated that approximately one day with the bulldozer would be all that would be required for grading of the track and access trail. Staff requests the Council to commit to use of the bulldozer for grading of the track and the access trail. This should be sufficient to provide the basic facility. The association should be committed to providing any of the "extras", such as the announcers stand, starting gate, bleachers, etc. • If this track proves to he a highly used public facility, the City could then possibly commit to any additional investment if required. Attached is a letter from Mr. Lohhen and a petition from Middle School students. Mr. Lobben will be in attendance to discuss this request. • BL:md • • • January 28, 1981 City Council of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Honorable Mayor and City Council Members: ' Overview The purpose of this letter is to provide additional information concerning com- munity interest and support for a Bicycle Motocross (BMX) Track in Eden Prairie. Indications of need, interest and resource assistance does exist and is summarized in the materials which follow. As requested, a nucleus of adults has been identi- fied that are interested in forming an association for purposes of promoting safe BMX riding in Eden Prairie; assisting the city in building and maintaining a BMX track; helping to facilitate related clinics being offered; and arranging/con- ducting periodic BMX races. Efforts to Date Since the Council meeting last fall, we have gathered materials from other tracks ( and related associations, met with Central Middle School students who in turn con- ducted a petition, and met with adults interested in forming an association. Indication of Heed/l.ntorent Althour,h thi., is an inopportune tine of the year to discuss BMX riding for a variety of reasons, the need and interest is very apparent. Central Middle School students were selected to typify student interest. Thirty students attended an after school informational meeting and over 120 students signed a student conducted petition (see attached materials). A similar .informational meeting was conducted for adults after which sixteen individuals expressed their willingness to help form a B?LX association, Further indication of interest in BMX riding and the potential bene- fits to be derived from having a track constructed has also been identified by the Edon Prairie I)eparteant of Public Safety Youth Services Unit (see attached c:orre- • spondcnce). I mi'idit also point out that of paramount interest to all individuals contacted has been to have a safe, enjoyable place for boys and girls of all ages and abilities to ride their bikes on a daily basis. The potential of periodic races is of interest to a:,ny, but that iatoaes': is secondary to desiring a safe place for daily use - a place for young people to have daily fun and constructively channel their tre- men.iouc cucrpy, T else with to paint out that in MIX riding all typos of bikes can and, in fart, are ridden and raced. One does not need highly sophisticated • and expen5lye bikes. • �a'U -2- __ . _ Resource Assistance Available i A nucleus of sixteen adults are interested in forming an association for the pur- poses previously noted. Individuals in other organizations, plus numerous young people have also expressed a willingness to help construct a BMX track. In addi- tion to these offers of labor, the possibility of additional construction assis- tance has also been mentioned (construction equipment, materials, etc). Individuals knowledgeable about BMX track design and operation have expressed a ' willingness to assist the city in any way desirable. Individuals have also been identified that are willing to conduct clinics in bike maintenance and BM riding and racing techniques. Equipment vendors have expressed a desire to donate-door prizes for a track grand opening. If races were to be conducted, it appears fa- vorable that sponsors can be obtained for trophies/ribbons and bikes donated for use by those individuals who do not i:ave a bike. Materials have also been gathered from other tracks and related associations which serve as excellent resource aids. The maintenance of a track is actually very minimal when the design of the track is well conceived. The to be formal association would be willing to assist the city in performing periodic general track maintenance and also would be willing to check over the track before any scheduled race is conducted. A portion of a participants race fee could also be earmarked for a track maintenance and/or improvement fund. Suuestions for Consideration If the track is .nuthoriaed, we suggest that the following specific points be noted for further consideration: 1. Safety equipment should be required whenever an individual is on the track (:i.e. helmet, bike pads, etc.) and this re- quirement should be posted. 2. A student advisory group should be formed to help design the track, offer general advice, and serve in a liaison capacity with other students as desired. 3. The track should be open daily for general use. 4. Clinics should be made available on bike safety, bike mainte- nance, and BM\ riding and racing techniques. S. The track should be made available to other community civic organ i...ations for possible youth activity projects (i.e. hike safety, races, etc.). • G. Periodic races should be conducted, All race scheduling should be cc•nrdin:;ted thrau;k the city staff in order to avoid potential event conflicts at: Lit living Cloud sit a. All races should be open t:o both bciymm :t:ui girl!: and arranged by ago, primarily, G to 18, motel to the s tent po eibte, by ability l vels (u sut.ple - ( foginot,r, nov tic and (2:Tort). A moNorandir.i of agreement :lion be enl'tntl int.e battn0,11 1.11ome condnctitg the race and the city which eonI I sower match points as: • —3— • a) participant and spectator insurance coverage requirements; b) safety equipment required for parti— cipants; c) designated financial amount per rider which would go to the city for track maintenance and improvement. Closing Comments • We sincerely appreciate the Council's willingness to consider this request and plan to be in attendance on February 3, 1981 to answer any questions which the Council might have. I'm sure we all agree that the investment we make in our young people is probably one of the best investments we can possibly make as either individuals or as a community. The Council has constantly demonstrated their commitment to this be— lief and the results show in the quality of our community and the conduct of our young people. Your favorable action concerning this particular request is re— spectfully sought at this time. Sincerely, John Lobben • 14090 Forest Hill Road JL/rch ` attachments • ( i . I t JAM HATEIG DIRECTOR OF ' =of • 'r PUBLIC SAFETY ' ',." .^ EMERGENCY POLICE AND FIRE 7905 MITCHELL RD. / EDEN PRAIRIE,MINN.55344 " . (612)544.9511 PUBLIC SAFETY OFFICE (612)937.2700 January 13, 1981 { Mr. John Lobben 14090 Forest Hill Road Eden Prairie, Minnesota Dear Mr. Lobben: I would like to thank you for your involvement with the youth in Eden Prairie, specifically in regards to the BMX program. I would also like to make seine cony*gents regarding my observations of BMX racing. I first noticed a dramatic increase in the appearance of this style bikes being used last summer. In many neighborhoods young people built tracks of their own in backyards, cul de sacs and vacant lots. Needless to say many of these construction efforts involved poor workman- ship. I also noticed many of the young people who became unvolved in this racing used this as a constructive outlet for energy. I behove that a track constructed in the city would be a worthwhile in- vestment for our young people. A central gathering point for young people where the track would be constructed with care and energy could be ex- pelled in a positive n: nner. Any recreation effort for young people undertaken by our city should be a positive gain for our future. BMX racing is an area that appears to be untouched and would involve a large portion of the young people. If I can he of any assistance with this program in the future, please contact Ine. • Very truly yours, JACK IIACKI 0, DIRECTOR l �L By Cpl. Jmos Clark Youth Sw'vice Unit JC:mbm ��J t 1-27-81 Dear Honorable Mayor and City Council Members: On behalf of the BMX enthusiasts in Eden Prairie we respectfully ask that you consider construction of a BMX track in the City of Eden Prairie. We know that there is great interest in BMX in Eden Prairie and that the sport will grow with the addition of a'track. We are aware of a large number of young people who would be willing to . help with the track in any way possible. Thank-you for your time and consideration with this proposal. • • 4/E Scott Ruud (on behalf of the interested students) 13611 Palley View Road • 9 BMX TRACK PETITION • 1 We the undersigned students respectfully:request the Eden Prairie City Council to construct a bicycle motorcross (BMX) track in Eden (. Prairie. NAME ADDRESS TELEPHONE 1. `I', ,r.,. l 1�'i, !��',I....-,-- 113.- ! _ 71� . '.., • • ..' `1 ,/,j. -/ , . 2. .5. • ' ••'^,^o••,.:n 5A-" o ;•,...,, '• 3. .5•ekA-..- 'ro,r.,n4,.i1_w ')G.- .....rr n ,r �r'.e .. - • . 4. n,nl C71 /T:c.l C-i�l.••t�?b w,,,) : ,;•'. - -3,;�,I.. 6. A..,,• . c .. , 1',; „ / _ ;•_ . / ' 3=1 _2-4=i. 8. tti*. 'l li. . ..2_, (^, ti ') T l • . v' - �' - Lj 7 -7 -'.) I- L. �'.. y 11. :i„ t:.�,:•v^.•.(,-... !,9)• f'• • •= _ 12. /;l�i /,_�%f+f ,. _Li r?''"";? ?V1 C C)L!,::= • q - 'J- l :) 14.'� . '/ /- )• 'i`r -7/,^l ,....�' - i _2-1 ,c, -'. - • L6•L L `•. i '- , ; •;'..`2_1_. { . '. ,, , ' f i 17. ' - , 20. - 3..U._ —..--- — -- --------� - .. . t . . . • •• i BMX TRACK PETITION We the undersigned students respectfully:request the Eden Prairie City Council to construct a bicycle motorcross (BMX) track in Eden Prairie. . . . • NAME ADDRESS TELEPHONE 1. % -,. .. . :.‘ . ... ; • ' • • • , •• • - ---, -( .7,I ! • '' •-.`' '. " s -•‘ • - 1 ' 1 --) r,‘,‘' ,.4-Li- p ...,-2-71 ...- ••"1„. ‘.-1 . 3 -A':.,,., . .. ---- - 9 . OC, C(51 •1(0CDC 4. , ,.,.2,...,(,. A ....x. "),,i.''';',1 i .R / s il, Ilc").„1. 4- L ) 7 '-'5' . . . 5.(),\\ 2-:...: ", (-N. /71 ''' ,()' -: . : . ' ' •, •- .. : ,,, • .. . • 6. SITE1-)&76ALLC.1;E-'-‘, 136-PS 1/413-C-11-4..,f5 Pt.":( trr 9 2,-1- 7. -1,i_jt A. c._1.4.A ./., 1 11 t s- c..)—•.:. . I..., 8. A./z ,./ /2,, ' ,. 4,--fq,',"..- ..,-- :•-- " ' -..Y. :.'",::•:... _... )-7.1.; 9. i,7',... . ,. r: .1(.( V- ,. .-k : r., \, c c•-• ' i ( 10.---V).:7, .7`,,•-\\-,. s\-,/ ': :..::.:\'' 1,,-.."-:I nj_(--,, ,...', •-,, ,, ., , 1.:. ...-...... - ' . - - \'•\-•. \•.r-, \‘`.).-1.\ 1-1 - ,:: 7,, t :.' -- .. . . '-: -. ,-, C13. ,. _.e.!k .,,A-,.. <-.••-' ::7...,,•,-.-,t..4. — 14• 7-177- , \- --• ' - .. C7:25":•L7'. . 7--- t4C1)-) \!._C-;;I: .-"•:,-.'"..;:•'.., "1:"'s-'' .. ... .,..2 . .7„....___1....!_ ,.. 15. .1...i i'....,. -i)Lk,.:_10 1.,\,, /77 c;-(./ /1--,i • .., ,i, ( , i .,- `i )6- i 16. l! . •'.1 • 1 '''' ; 1..4 '. I. -14 /// il..;' : 1 .'(. .-1 :1! - :' ' '''''..:' '.-/ •'I . 17. 1., ,..,.. , ..2.1 .('-', F‘,.\\<-( c... !,..',4( A - - . ,‘'w. ..,,,, . : ... ,,, ‘ , ) (7),,..4-.•1.: L,.....a ,,. 11•7‘....„ ..1Li-7 • '... " 19. A '" ,1 1 . - I •-- - i-7'; : •- . • --\- . ':. • .. . . , ,... 20 . /1.,---, t:' ( i l -:''''''''.•-`•., /r.' )'-. :' -)-7-<, (0 ". " ,' !-:',I (2/ :-',.:1 - -.:.-,: ' - . 21. '.- \ ' \ '. •'. ' . ' . : - ',. '' ' • ' ' . i `,.4•1'.1; ?.) 1 , 1 .t . 1 r''''-'./\ -7— (,' 22 1.‘._.,'../.7.'•.‘1. (.-..:....-."/,.? :'''..1. t:.;)____!•''.__.' 1:-..1 )._1 !(('',.'1A'7(.'",11-Y- `'•-•7' '4-' 7„,..r.'..-72 , 23. . i ,.... -).:1- • — • '''''' !‘g-i'a--:L:=2::)--__:::::),•;.1.1. r.+11.,..-:::A_D.7 ...D.5.'_—___,I.. .1.1.:_-5.',}_7:..71..._ I. • Nov. 1980 BMX TRACK PETITION We the undersigned students respectfully:request the Eden Prairie City Council to construct a bicycle motorcross (BMX) track in Eden Prairie. . , NAME ADDRESS TELEPHUNE 1. • • 2. ar'3.•>,-1..i (..C\ CI 15 14L tIC KN. t ;\, ; 3. ' • 4.CH '•,^.c••• - ) -1 1r 5. IT.) 9 ( , ' ) - 6. I 1.'Tx'', ,r)(,..-‘1,21("/•;• .C1 L-,-, ‘y-N , \ 7 f : • '•;% - ):;:; /-• 8. c-",fre) /" .„ ,,s:1 • " ' ••, -4 , jc_kr 1'3g-s Cwt. • ( 10. -v. (,• <-7 ,/ /17 fc, ;;:_,;•••• fr.; f'.- 12.1\n, 1?, CI)31 - 13. ,;//1./29• 7 •••,*4",...!,:.,,'„••?` f.9 • • • • 7 15. P:-•-• % ,•21 •---• . • . • 16. 1: "7/. /-/2 0 , •..".7 17. •I • • • " • ,-, • ; . -•.: • - 19. ' •-, - - • , 20. A. • n %; • t .• 21. 22. (. • • • <• •-•-• '1!"••••••••-',.,.(-c•1 ='•,- • ' • • • Nov. 1980 ,• BMX TRACK PETITION We the undersigned students respectfully:request the Eden Prairie ' City Council to construct a bicycle motorcross (BMX) track in Eden • Prairie. NAME ADDRESS TELEPHONE 3._/kAli 9f/E/4 j'<��'/'' 6: (741z.a t (,',4L1 q ' /3s 9 7. . _ _! 11.•" ' '- 12. • -•- t.. • • _` 13. t,1",'-,+,; r.1.1�-.) !.';, �1 ^ •) ,/ ) a `, 15. 11 _ 'c l_•—' 1 .1... •1 !� `i fir' 4 . ,,,.• L.' • ' •/ - • C/ 16. • ..('•'' , .. ) __� .r',., ` ', ram(�'1. • • Nov. 1980 • • BMX TRACK PETITION We the undersigned students respectfully:request the Eden Prairie City Council to construct a bicycle motorcross (BMX) track in Eden • Prairie. • NAME ADDRESS TELEPHONE 2. �:ti .a;kc....,,; S 7c1 �,., ,') �,'3 3. .J !/<4 ,!! �1 ,,Y� lc-a 'r/1 r-c•.:1i1 fj 7'7?7 :• 4. i1 '�'_�, r..( i•I ;,'.. 'r . . t• 8. ?_ .I 1^ v Y i+ r�r�C1i�' 1 -1 V,. 9. %1 ( "t . :%i . `�I =� F,; • •. i ,�{( ; • t 12. \-\ r` "� C';a•S •i',/— )1.1•1tic) Pic e ' Trai C 15, it: < ' , ; , ;, !/ •' ,, • 11' 17. a'-- %_' //s_ /;S7711 / - I. / — �I 18, 19. _� J : !% 1+,.•. _-I - (- 20'---- ------ - • r 21. --- -- — • • • • MEMORANOUM ( TO: Mayor and City Council THRU: John D. Frane, City Manager 'FROM: Bob Lambert, Director of Community Services DATE: Janaury 29, 1981 SUBJECT: Purgatory Creek Recreation Area Plan • Attached to this memo is the January 20, 1981 staff report on the proposed • plan for Purgatory Creek Recreation Area as presented by Don Brauer to the Parks, Recreation and Natural Resources Commission and the Planning Commission. In summary, the report indicates that staff has some concern not only with Mr. Brauer's proposal for financing the project, but also • with the plan itself. On January 23, staff met with Mr. Brauer to discuss the January 20 report and decided that Mr. Brauer should appear before the Council at the February 3 meeting to update the Council on the status of the plan and • to receive some direction regarding what facilities the plan should include. • The major question regarding the proposed plan is the inclusion of an 18 • hole golf course. The adjacent property owners strongly favor the develop- • ment of an 18 hole golf course feeling that this facility would improve their land values and would encourage a high quality development surrounding • this floodplain area. • Attached to this memo is a report from Mr. Brauer requesting the City Council to take specific action regarding this plan. Prior to proceeding with the development of the plan for the Purgatory Creek Recreation Area, a decision must be made regarding a public 18 hole golf course. Two questions should be answered before that decision is made • 1. How many 18 hole golf courses could the City support? This question can be answered through a golf market study that could be completed by City staff. 2. Should the City consider Edenvalc Golf Course as a future • municipal golf course? This question should be answered by en unbiased golf course architect evaluating the golf course as a possible publically owned and operated facility. An evaluation of Edenvalc. Golf Course would probably cost in the neighborhood of $3-5,000. Staff feels it is vital to have the answer to this question prior to committing • to a plan where the City mould ultimately be investing ono and half to two { million dollars for dovm 10pasnt costs. • • Hr. Premier will be in at) 'nd;mcc at the February 3rd meeting to answer any goos.linn; the Council may have regarding his proposal. i 3 2`10 • _.REQUEST FOR CITY COUNCIL ACTION PURGATORY/MCA FLOODPLAIN RECREATION/OPEN SPACE PROPOSAL'::: ' 1. (Approve) the concept- of golf, wildlife management, field games and other general park/recreation uses for the plan area, SUBJECT TO: a. Further modifications, refinements, additions, etc. to final plan (development plan) preparation. b. Elimination of Edenvale as future Eden Prairie muni- cipal golf course because of suitability, cost, interest by adjacent communities, or inability to acquire the facility. c. The nature and extent of Hopkins/Minnetonka interest in development or acquisition of golf facilities in Eden Prairie and Eden Prairie policy toward participation. 2. Agree to Consider a Special Assessment Improvement basis for construction o- the golf course, trai15 1 related flood management portions of the plan concept, SUBJECT TO: { a. Availability of suitable, inexpensive fill materials. b. Contribution of all required land. c. Bonded debt capacity. d. Staff analysis of fiscal impacts/alternatives. 3. Authorize Staff to: a. Update (1972) golf market study for the Eden Prairie/ 5out}iwest: suburbans area. b. Update 1970 Evaluation of the Evenvale golf course as a iiossfbTc riihl f0J-owned an erated-tac1Tfty to determine playing capacity, operating costs and revenues, probable acquisition and modification costs, and other planning and policy questions related to municipal acquisition, development and operation. , C. Negotiate with Flying Cloud Landfill operator for 3i dcHvery..and placement of granular fill in the E purgatory/"CA plan area in order to establish a more 1 accurat.c. estimate of the cost of the gel /wildlife/ field games development.. • 1 1) 1 - 'w PURGATORY/MCA FLOODPLAIN RECREATION/OPEN SPACE PROPOSAL (Cont'd) • • d. Solicit written statements from undeveloped property owners within the benefitted area who are willing to be assessed for the project, and similar statements from those willing to contribute land and prepare a preliminary assessment roll for the project. e. Complete fiscal impact analysis of special assessment funded project. f. Contract for professional consulting services to assistin this work g. Report progress on this work in 30 days, and complete the work in 60 days. • • • • MEMORANDUM ( TO: Parks, Recreation and Natural Resources Commission • FROM: Bob Lambert, Director of Community Services • DATE: January 20, 1981 • SUBJECT: Purgatory Creek Recreation Area Plan At the Janaury 5, 1981 meeting of the Parks, Recreation and Natural Resources • Commission, Don Brauer presented a plan prepared by Brauer and Associates that ' showed the possiblity of developing an 18 hole golf course, an athletic field complex and a wildlife management area in the floodplain of Purgatory Creek just south of Highway 5. The December 31 Community Services Staff Report outlined the plan for the Commission and indicated support of a plan that would provide recreational opportunities for City residents and would create an amenity in this highly visible floodplain. The staff report also indicated concern with the proposed financing plan for the golf course and, in fact, the need for another 18 hole • golf course within the City. Staff recommended concept approval of the plan supporting these types of recreational opportunities and suggested the plan then go to the Planning Commission for their review. • • On January 12, 1981, the Planning Commission reviewed this proposal as presented by Don Brauer. The Planning Commission had the same concerns voiced at the Parks, Recreation and Natural Resources Commission. They supported the concept of developing recreational facilities in this area, but questioned the need for another 18 hole golf course and were generally not in favor of the proposed assess- • ment procedures as outlined in the plan by Mr. Brauer. • City staff met with Mr. Brauer after the Planning Commission meeting and agreed • to prepare a staff recommend,ition on the plan and suggested that the plan go hack through the Coamissions in an atter;pt to find answers to all the concerns prior • to taking this proposal to the City Council. This report would like to address the plan itself, problems with the proposed assessment procedures and other possible funding alternatives as well as steps to be taken to accomplish the project. • TIBI PLAN During discussions, Mr. Brauer has admitted that the City would not need an 18 hole public ,iolf coarse in this location if the City assumes that the existing golf ceorw at tc4rmle will always hr an 18 hole puhlic nolf course. lheretcro, raren thr City ^.rl:c a decision on tho devolat,.rent Plan of this recreation area, it will in altoct, ho r:,.rkin,t a decision on the future use ai Edenvalc Golf Corse. It i , the stiff opinion that, fdenvale Golf Course was part of the open c, cc ri,isr,r; of tht fdcn ,ale , t,'rtain densities and adjacent land uses eased on Lnenvale Celt Ci7:n- c continuing to to a permanont cairn ,picc. • • ]n d v lc,;)in,i the folln„ir;i c( ,nts regarding the Purgatory CreA Recreation flan, • stiff a in.!, tlirL Nyov,do Col Course will not he devrioprd for ,any other land cr,r in tho tereweohle futuri , I cn•thetame, staff is anticipating that Cedar Hills -2- ( Golf Course will ultimately be developed into a land use other than a golf course and that Olympic Hills will remain a privately owned 18 hole golf course. When reviewing the plan provided by Brauer and Associates, staff would eliminate the first two program objectives, which are: 1. To provide an 18 hole municipal golf course. 2. To provide an athletic complex (field games and tennis) and replace those objectives with the following: • 1. To provide a variety of recreational uses that will serve the community as a whole as well as the adjacent residents. Staff would then add the following three program objectives as provided in the creek plan. • • 2. To provide flood management (regulation and storage). • • 3. To improve wildlife habitat and interpretation opportunities. 4. To achieve the above objectives with a minimal capital outlay. The adjacent land uses as proposed by the Guide Plan indicate regional commercial • to the north and northeast of this floodplain; high density residential to the east and south of this floodplain; medium density residential to the west and industrial to the northwest. This recreation area will not only be a "City facility" due to its size and location in the Major Center Area, but it will be the major recreational facility for a high number of people that will reside adjacent to the floodplain asindicated by the Guide Plan. For this reason, staff feels that it is important to develop a variety of recreational uses rather than dominating the plan with a single use recreational facility. • Staff supports the development of the wildlife management area in the center of the plan and agrees that with an adequate amount of fill, sufficient flood storage capacity can he maintained in this area without any detrimental affects downstream. Staff wuld suggest the planner consider developing an executive nine or par three • golf course with a driving range on the eastern side of the site. This is an appropriate land use adjacent to rational commercial and would probably sec a high amount of ur.c from the older residents that will be living at Castle Ridge as well as some uf.e by busin:•ss people of I'ic:ed throughout the I.lajor Center Area. An • • executive nine and drivini; range wuld also provide the City with a valuable teaching s.t.:tico and a facility for youth leagues and ladies daytime leagues. Althogh, ;rfi exocoLive nino hole pelf course would not generate the number of rounds, 1R,it an li: l,ulc ,;elf course would, staff feol:; that it would be a good use In t.ho t;,ijor Center Area. • Staff Iviffild al n t the pl;nnc:r develop a large portion of this area as a pa. ,iv •n .u,a r.'wio .;i,:rat'; living in high doncity hnus,iii have an opportunity to j..r, . reid in ,ut c`1 ,pacr, setting. `M _atf sloloc,ts that this, passive part, area hr dov:'10;,.'d re. 1.11r r.. :1 sido of the lloodplain thy' rr!.magv:uent an.:a and the ropn,.:-c; active part aroa. Staff does support the develarsft of an acliw i,n{, ,gr„ a,. ac{ iyr me licilitic's wi11 be required as this surrounding • ._3_ • Staff would also request the planner to consider development of a botanical _garden area or some form of formal garden area in the southern portion of the :site between the wildlife management area and the bluffs to the south. Although, *it would probably be several years before a formal garden area would be developed in this park, staff feels that this type of facility would be well used and appreciated due to its prominrity to the Major Center Area and high density residential development. (Perhaps Northrup King would be interested in developing • . this type of facility.) This recreation area should have approximately 6-7 pedestrain bicycle access points and vehicle access from both the east and west. Jogging and bicycle trails . should follow the perimeter of the recreation area with pedestrain trials • traversing the interior. This large open space site in the Major Center Area • offers a unique opportunity to deveiop a creative plan that would provide a variety of recreational opportunities in our urban center. This report merely offers some • • suggestions for other uses in the area presently proposed as a golf course. If the planner, after addressing these concerns still feels the best plan for this area includes an 18 hole golf course, staff would recommend the City complete • a feasibility study on the need for an additional 18 hole course as well as an • accessment of F.denvale as a possible City owned golf course. ASSESSMENT PROCEDURES AND FUNDING ATLERNATIVES The proposed financing plan suggests developing a special assessment district roughly congruent with the Major Center A ea tax increment financing district. The special assessment district district would be in lieu of charging cash park • fees when these undeveloped parcels are rezoned. Staff has indicated a concern for this type of assessment plan, basically, because of the existing procedure for charging cash park fees. If property owners within the district were willing to pay the special assessment and were all assessed equally on a per acre basis, this procedure would be acceptable. rlowever, it is questionable on whether all • property owners, especially those a good distance away from this project, would be supportive of paying a special assessment for development of this facility. • The existing cash park fee policy would require specifying densities on proposed • residential property. This procedure would supersede the zoning process and would cause difficulties at zoning if zoning applications differed from the present • • designated fee. • Since feasibility of special assessments or 'up front' money seems limited • to the 17 surrounding property owners, large amounts of free fill must be avail • - able to cut down the 2.8 million dollar cost. In addition, a phasing plan should He done. Once a specific plan is adopted, staff feels that it is important to develop a grading Ilan for the projocL that could he initiated as fill becomes available. The City Council woy also wish to dcsign,ito an ar•ca that will he bust served by this I.roject and crI mit. cash park fe, fr•oia any rteveloprpnt: within that area toward this project. As cash p;ri; fees arc gcncratod from this area they could • . he invested in a si'`cific fund for this dev lep;cont. project, in order to insure that the project was completed and to provide funds to initiate the project. • • F.e me thcsrnht should hy given to a layout fc,r cress country ski trails in the r•+inter and nne of the large pou,ls outside the refuge should he accessible year around (god aco s) so it. could he ur.r'I for icy skating during winter months. • -4- ACTION TO BE TAKEN TO ACCOMPLISH PROJECT At this point, the following action must be taken to proceed with the accomplishment of this project: 1. Planner must review and respond to the concerns addressed in this memo, and • • at the Parks, Recreation and Natural Resources Commission and the Planning • • Commission meetings. 2. Planner should then again meet with the Parks, Recreation and Natural • Resources Commission and the Planning Commission with a. response to the concerns addressed and either a revised plan or the same plan with • • adequate responses to the concerns. 3. Upon approval of the Parks, Recreation and Natural Resources Commission • and the Planning Commission, the plan would then be forwarded to the City Council for their review and approval. 4. Present plan to the affected property owners requesting their approval with the development plan, flood storage and encroachment below the 824 contour. 5. Establish the actual 100 year flood storage levels in areas of encroachment below the 824 contour (Watershed District must concur). • 6. City must prepare development cost estimates for this entire project and project cash park fee income from the designated benefited area • over the next five years in order to develop a possible construction • schedule. 7. City must acquire title or permanent easements for all of the area required for the development of this project at no cost. • 8. Pefine the benefited area from which cash park fees will be committed for the completion of this project. 9. City must authorize completion of the design drawings for this project in order to utilize granular fill as it becomes available for this site. 10. The City will then coordinate the design and development of the adjacent lands to co;nplimont the recreation area, make available excess earth, topsoil, plant waterials, etc., which may be needed to construct the project and permit access storage equipment parking on undeveloped private land during construction of the recreation area. Hl;afully, under this proposal, the City would have all the neccssar.y approvals r thib plan to be implemented by late in 1981 and could he accepting fill to placed on t.hi:. sitr by the winter of 19;11- 2. hill could continue to he ;.mtcd en this, site for the_: next 3-1 years, during hhic.h time the cash park fee .ul de.inatcrl for thk project could b;gin to build to an amount: necessary for ,r+e actual devolwm;vrt- of this project. vjth this, propor.al, everyone affected would have to agree that this site hwvt to ho tPu`,tru;'Hr in pht•;r, nvi' a Iive to ten year period. 1 .;s i r ep rt,S ratan 'r Its r i! 1 li;u o the uu t of the development through as.r.si ont, a prn,onged dovclop: ,nt project ct; inevitable. 1 • d MEMORANDUM TO: Mayor and City Council THRU: John D. France, Acting City Manager FROM: Bob Lambert, Director of Community Services DATE: Janaury 30, 1981 • SUBJECT: Tax Forfeited Lands Staff requests the City Council to approve Resolution No. 81-32 authorizing the County to sell two parcels that are presently railroad spurs and to acquire three parcels. Parcel 09-116-22-43-0009 is the access to the NSP site just to the west of Martin Drive, Parcel 09-116-22-21-0017 is Outlot A of Edenvale 5th, a wooded outlot less than 1 acre in size adjacent to Edenvale Blvd., Parcel 01-116-22-22-41-0013 is a wooded outlot at the north end of Edenvale Golf Course. Copies of half sections showing location and size of the parcels is attached. BL:md • CITY DF EDEN PRAIRIE HENNEPIN CDUNTY, MINNESDTA RESDLUTIDN ND. 81-32 RESDLUTIDN FDR TAX FDRFEITED LANDS WHEREAS, the City Council of the City of Eden Prairie, has received from the County of Hennepin, a list of lands in said municipality which became the property of the State of Minnesota for non-payment of real estate taxes, which said list has been designated as Exhibit A attached hereto. NOW, THEREFDRE, BE IT RESOLVED, by said City Council, that the City of Eden Prairie desires to obtain title to said lands for road purposes: PIN 09-116-22-43-0009. For park purposes: PIN 09-116-22-21-0017 and PIN 04-116-22-41-0013. BE IT FURTHER RESOLVED, by said City Council, that the City of Eden Prairie does approve the public sale of the following parcels: PIN 09-116-22-43-0007 and PIN 09-116-22-43-0008. ADOPTED by the City Council of the City of Eden Prairie on the 3rd day of February 1981. Wolfgang H. Penzel, Mayor ATTEST: John D. 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":•• :- , ..., - .e •40',. 1 r • 1' ., .- , 4 .;•' \ 1 +.1, I• • i, • / .• i ..I ,.. •• ,.-',-4 `- ." sk . ' ' i I • ,s , ‘..., r • 1 -• i ' • '1 6 9- /4-_,, . .-1.r) ' - A , '''.... . '.''• 1 • .......... 'j.61 1 J 9 -.IL'. .'-.....s4'---fr i • , ›, -1 0." •• .. • • \ , \ i--, - ---- • . , .. .,'•\ 0 • :',. 1(' • . f • ., 1 • , • • i VI 1. ... • , i • . • . . ., . 1 1 • ,... . • . s •.',..,. . . . • 40 1 , • • Feb. 3, 1981• CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 81-26 • { RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING FOR A HEARING (I.C. 51-395) ' WHEREAS, a report has been given by the City Engineer to the City Council on Feb. 3, 1981, recommending the following improvements to wit: -_ . I.C. 51-395 Utility improvements on Luther Way and Meadow Lane ' 9 NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. The Council will consider the aforesaid improvements in accordance with the report and the assessment of property abutting or within said boundaries for all or a portion of the cost of the improvement pursuant to M.S.A. Sect. 420-011 to 429.111, at an estimated total cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement on the 3rd day of March 1981, at 7:30 P.M. at the Eden Prairie City Hall. The City Clerk shall give published and mailed notice of such hearing on the improvements as j. required by law. ADOPTED by the Eden Prairie City Council on Wolfgang H. Penzel, Mayor ATTEST:. SEAL John D. Frane, Clerk • • CITY OF EDEN PRAIRIE NOTICE OF HEARING ON PROPOSEO PUBLIC WORKS IMPROVEMENTS I.C. 51-395 SANITARY SEWER AND WATERMAIN IMPROVEMENTS ON LUTHER WAY AND MEADOW LANE TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Eden Prairie City Council will meet at the City Hall Council Chambers, 895D Eden Prairie Road at 7:30 P.M. on Tuesday, March 3, 1981, to consider the making of the following described improvements: I.C. 51-395 Utility improvements and street restoration on • Luther Way and Meadow Lane. Total estimated assessable cost is $213,220 which includes $10,920 assessments for previously incurred trunk sewer and water improvements. pursuant to Minnesota State laws, Section 429.011 to 429.111. The area proposed to be assessed for such improvements is all that property within or abutting on the above descrived limits. Written or oral comments relating to the proposed improvement will be received at this meeting. Publish: Eden Prairie Community News By Order of the City Council 2/12 and 2/19, 1981 Kathy Hermann, Deputy City Clerk City of Eden Prairie 8950 Eden Prairie Rd., 55344 • 1/0).) , • CITY OF EDEN PRAIRIE, MINNESOTA FEASIBILITY REPORT FOR pp IMPROVEMENT CONTRACT 51-395 • • JAN. 26, 1981 SANITARY SEWER, WATERMAIN, STORM SEWER AND STREET IMPROVEMENTS ON LUTHER WAY AND MEADOW LANE INCLUDING UTILITY • EXTENSION TO ROUND LAKE PARK y1 { y I hereby certify that this plan, specification or report was prepared by me or under my direct supervision and that I am a duly registered professional engineer under the laws of the State of Minnesota. agileeNt. Car J. P.E. • Reg. No. l • FEASIBILITY REPORT I.C. 51-395 INTRODUCTION The City of Eden Prairie received a petition, dated October 29, 1980, reguesting sanitary sewer and watermain service on Luther Way between Co. Rd. 4 and Carnelian Lane and Meadow Lane south of Luther Way. The owners of 10 lots in the project area have signed the petition. There are 20 lots in the total project area plus the Immanual Lutheran Church site. The City Council ordered a study and feasibility report under Resolution No.R81-26, requesting the City Staff to investigate extending sanitary sewer and watermain to this area from existing sewer and watermain • laterals in the Lake Trail Estates subdivision. PROJECT DESCRIPTION Proposed sewer and water improvements are shown on the attached project location map. A. Sanitary Sewer The proposed sewer laterals are 8" in diameter and would connect directly to the existing 8" sewer lateral located on Luther Way at the east line of the Lake Trail Estates subdivision, which is of adequate depth to serve both Luther Way and Meadow Lane. The project would also include an 8" sewer extension to serve the proposed shelter building at Round Lake Park. The estimated cost of the proposed sanitary sewer laterals on Luther Way and Meadow Lane is $49,000. The estimated cost of the extension to Round Lake Park is $18,973. B. Watermain The proposed watermain is 6" diameter lateral pipe and will connect to the existing 16" trunk watermain located on County Road No. 4 and the existing 6" diameter lateral pipe located on Luther Way at the east line of the Lake Trail Estates subdivision. The proposed 6" watermain on Meadow Lane will connect at Luther Way and will provide service to the cul-de-sac. The project would also include a 6" watermain extension to serve the proposed shelter building at Round Lake Park. The estimated cost of the proposed watermain lateral on Luther Way and Meadow Lane is $46,600. The estimated cost of the extension to Round Lake Park is $14,779. C. Street Restoration Bituminous surfacing approximately 26' wide presently exists on Luther Way and Meadow Lane. Construction of the sanitary sewer, watermain and storm sewer, which is necessary to provide adequate drainage at the intersection of Luther Way and Meadow Lane, will require the removal of most of the existing surface. It is proposed to replace this surface with a standard residental I.C. 51-395 cont. • street section which includes a 2" bituminous surface and 6" of Class 5 aggregate base. (Luther Way would be 32' wide and Meadow Lane 28' wide)). Mountable concrete curb and gutter is proposed to provide proper surface drainage while preventing erosion of the new surface at the edge of the street. The estimated cost of the proposed street restoration, including storm sewer, is $106,688. If the Council chooses to delete the concrete curb and gutter, the reduction in cost per lot would be about $790. • ASSESSMENTS The proposed special assessment rates for the project improvements are based upon the following criteria: Each single family lot within the project area is assigned one lot unit, which yields a total of 20 lot units (19 in Kirk Meadows plus 1 meets and bounds), plus the Immanuel Lutheran Church site. Said church property was assigned 5 lot units determined by dividing the total unplatted front footage by the average front footage of the platted lots in the Kirk Meadows subdivision. Thus, for assessment purposes, there is a total of 25.5 lot units. Based on a total of 25.5 lot units of benefit, the sanitary sewer rate would be $1,921. per lot unit, the water lateral rate would be $1,828. per lot unit and the street repair or improvement rate would be $4,184 per lot unit. The total cost of extending sewer and water service to Round Lake Park will be charged to the bond fund (K-17) set up for the Round Lake Park improvements. • In addition to the lateral sewer and water assessments, there will also be trunk sewer and water assessments levied at $520.00 per lot unit. LLot 1 and Lot 2, Block 1 Kirk Meadows subdivision, are each credited with $1,193. because of prior deposit for water service from the trunk watermain on Co. Road 4. The above described assessments are summarized on the attached preliminary assessment roll. Those parcels developed prior to 1971 are eligible for a $1,000. credit against the lateral assessments per the City's special • assessment policies. This credit amount will be charged to the City's sewer and water trunk fund. The proposed assessment spread is 17 years, beginning in 1982. • The City's special assessment policies provide that church sites and similar property owned by religious institutions shall be assessed 1 unit of benefit for sewer trunks and laterals per service installed at the same rates as for single family residental lots. Street assessments however, arc to be based upon the total abutting frontage. The amountgshown on the attached preliminary assessment roll for the Immanuel Lutheran Church are computed accordingly. The credit amounts applied to the church property are absorbed by the City's trunk fund and do not become direct obligation on the other property owners within this project. FEASIBILITY The improvements proposed herein are feasible and will result in a benefit to the properties proposed to be assessed. -2- --/(1 N N ■ N ____.. N in� (fl W d o 3 a o 3 ` X XW XW IX ccW m1-W ^n 0 W WN WN n. n.N dNVI s. W tgi Q• i S 1. ' 4 /to 11. '• — M.IS.M i 1T _....._.... 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Zt 4;-.1a ' X Iit G Ow pc'�.i. Cx� taA. ZI . 1�j.4Z 5-10 :71 ti lC EA. I rjO> sin ICa WA MA11.1. CONhiCC11OIJ TO C")(.1,4711J61. A. I 200 Zoe Co" G �jUa-TO'r�L. 3�3r . + 10° ; ': 0 41) Ftet...11.41)..14Z-r E-5-Timpqa- c Cos-r- .1?-eer cowsTizoc.T10,-1 ' . lvi1.1 DOT S-"IlisAgla) U14 IT 1Jo. sq act- AMo- 4 c-I moVe Drit)N1 4.1005 F?%\lema-11" 5Jez.eiape • 1584- C-5 G" 71.4cic. AGG. . '57(, 591:31 2.10 11(0,9. . Z" "T}.11CX 31711,11tisicx.)5 • . 9r-, c2 3.1c) 11105, V.) ARti..1G . • • . . Cuze, Gonso. 1:)(05 5.7") 1)-.51 GO I,ADOLIT4Ea.e • TOF' L. e..ra.ov.JC. . 4 9 112.0 C-7 • 7.01 \ -r 5 DES? ..• 51-t). EA. ,"? o C-to STZCa=rrt.1-A . EA. . 5 E.90 . . . . • a.)5--ToTAL. 175 ToT41-- • Goze, -46,9 c • RZeL1M1V,Mar.GsTtMA-E Cr Co -r . • • ROI�IJD LAKrc_F RK. SArrrAR.Y SEWER. UNI _ .:_._ MUD MA'1ffi T eM 40. Sic.WCI• D-5c pTIQ1.1 RL rr F c AMO.)47 # _ ' 's';EWE2 .e: 1a' r:AE r L.F. 2-f1 2oZei D-Z 8 Sewea l0'-12' Deer L.F. 14 9.79 131 _ ___8"Sewe.R I2'-14'.Deer L.F. 63 1084 . G51 D74 8 Scwerz 14'-.I(o' Deer L.r. 13o 12.30 19,1 D-y - 815ewr Z ta-i6tDaer Ld`• no 13.Wj 220 D-fo 8"mil-'wE2 I4J-Zo'DEep- : L.F. 48 Ifo.00 '1fe8 DI STD. MA►.iNoLt~ o'-S' D r :. 4- 891 6a - D-9 SY-TRA i pr4-+ MAi.JNOLS-. L.F. 2-1 .704o moo D-10 A¢,a. 12=vroczAmc•.i S.Y. Z140 Z.00 423O Su -TOTAL- Il24& • TOTAL #1819-1 • • • • 1 � • eL1MIfJAZY E tLiIAT c ,Cos-s _:( RO01,ID. LAK.a PAeg-.yL./ATC'R- MAI hJ. : y MuDoT . .. ' . : .: . ._ _ ._ E9 1MA'ED Uwrr , g! 110. Sp c.{.1o. DM!. quaklj1Z`P FIZ1C e-1 --�".D1P WkieR•. MA 6;42 11.85 11 460 G-2 1.4IDZAW-r. .1/.1/to"GA1r VAwe @A. I 1O40 Io4o ¢'3 : VAWE APO Box.. . EA. • '1 215 - _' Z•7• 5 • e-4 • :FtT4�r-16.s. rpe Dip I bs• 400 _ 1•10 G eoc OB-TL 1344 I4,1�� y/L( -. _.-...._—_ .�-.•.r. --• -._ ...a�.�.ifY11 C-^-LASSIE !-.i.��.r.P • ' • • p. PROJECT SCHEDULE I.C. 51-395 Feb. 3, 1981 Present feasibility report to the City Council and set hearing date 1' Feb. 5, 1981 Mail notice of hearing to E.P. Community News (Publish 2/12 and 2/19) Mar. 3, 1981 Public Hearing Mar. 17, 1981 Approve plans & specs and order ads for bids April 9, 1981 Mail notice of bids to Construction Bulletin & E.P. Community News (Publish 3/26, 4/2 & 4/9) April 16, 1981 Open bids April 21, 1981 Award contract June 15, 1981 Construction completed (sewer and water) Aug. 1, 1981 Construction completed (streets and restoration) Oct. 1981 Levy assessments • • 116 • • • MEMO { TO: Mayor Penzel and Members of the City Council THROUGH: John Frane, Acting City Manager FROM: Carl Jullie, City Engineer • DATE: January 29, 1981 SUBJECT: Petition for Lowering the Speed Limit on Co. Rd. 4 The -ttached petition has been received requesting that the speed limit on Co. Rd. 4 from T.H. 5 to Co. Rd. 1 be lowered down to 30 mph from the present posting of 40 mph. The petition has 51 signatures and their residences are primarily along Summit Drive, Meadowvale Dr. and Eden Prairie Road. I have talked with Mr. Mundale who circulated the petition following a serious accident on January 7 involving his son and daughter-in-law. I explained to Mr. Mundale the process by which speed limits are set on State and County roads and on municipal streets above 30 mph. Speed surveys are taken and the limit is set at the 85th percentile, which is defined as that speed at or below which 85% of traffic is moving. I further cautioned Mr. Mundale that a speed survey by Hennepin County could possibly result in an increase in the posted limit because it seems that traffic is generally travelling somewhat in excess of 40 mph. Jack Hacking, Public Safety Director, indicated that the January 7 acci- dent referred to in the petition was not related to excessive speed and he also pointed out the potential of ending up with an increased speed limit, following a speed survey study. I indicated to Mr. Mundale that his petition should be directed to the Hennepin County Traffic Engineer but that I would also bring this matter, at his request, to the attention of the City Council. Unless otherwise directed by the Council, I will forward the petition to the County with a letter requesting that the County consider some safety improvements including regrading to improve the sight distances at Summit Drive and possible widening of the road bed with proper shouldering in lieu of adjusting the present 40 mph limit which we view to be appropriate for this section of Co. Rd. 4. CJ:kh • •• r� •'' '+ r 't!'f!O� •,, .f=I � r )s ih' �17. ' � ~ Y° � ' fr� Sujectl• ,0 in speed.limit betveeia Ry .S '� Cty.Rd,7 •oa .Cty f �t • •�'�� '"c " ) ' . ..' +.. ,.)1 7.r y d:�j'ti. /'i 'S Sr-^l �..'~ Y.J. Due to a-very serious accidaat-on'County R3 #4( Eden"Prairie rd.) on 35' ' Jenuarj'7,'.1981 at 8:00 P.M. in which'. 28 year old man lost hie right'•. 'lei and hie left is ia_oueetion at the typing of this letter. There were " r' _other oars ors_injured the tame accident, . • • • We the urdereirned feel_it is a spa'e313aif�tno_fant�or_tha folloving • coz3ltioray a _enouid_he_1cu_ered to_a^more safe speed (30 N.PE)_ • ' to The road ie very ureven and vinding.creating a_problea + —_- =' to enter CtyArd.JLSrca_Sur,zit_Dr,,,:Csdar_Ridge, Laker• •'' _ _chore 1r.t rnd all of the'private drzveva'a There have been' numerous other accide ts_._in the at and fortunet v -JPe /OF.vT fatali`fes^an.yet.C7NPA f'9fA ,_/', n� Gvo /noeg.• v _ _ ifl r., r tl e.EdenTrairie_b3cycle.,path-xi11.1n-u.e3-quite ''_ • y._byLt it'A11 'ourgstero_and ad ult3—vho sail_ ave _ to cross over Ctv_rd._i4.at•ore point_in_the_abwe__ r.eitioned aeotion of rd. • • 3 The speed limit has been the_rams_for the_paet__20 yra._— ••- 7. and :the cor.3itioye. are-far.from-ths ramp__. —. ___ .Q. The population has_incroseed.,coaaiderably_in-the past. ' •t. -- _-. . ---.__5._�aen Frairie Schorl di.,trict C�T boss stop at int- • -.._ • — cr•sale-to board en•I discharge children.__ •• , ------_- ._ _ Vat._._ Vat th underairni.3 urge your p o.lpt-attention to-the-au, ovQ_.: • ^re ]iroit. A D p,pF 55 c'v — �A'� 7�/ 4 y A J • : } Yam, won. T• �t :P. r -,-A; Y . 1. ,O..!/L"'ts'ic? I/�/-- - r 'J ., _ �': " ���� • /J 7 -zi s �12 jJ ' r � ''t u _Ce•-),, . , A _dam '- . :- -"�' -- ` '� L11✓ter�ir -.� 16 '` I1jn1.6 : �S(��'L�?ullYlta,Y-11-L..L , 2�3 J C 7 J! a — —' _11A11k1„)`—,6Y _..i____— ,._.: ' 1 y�" /5` '71_,,f'L_^, Yt< ��n- kir. , .,,.. - ,; ,,,.r .'LI i',„:37 ,/,',1e.....4.71.74, _444" 1------ --—.T.-E. ,,.„ ,4,. ' •. ,••.7.- i rr i .Jl- �!✓�`-s--'_ �/'�r ✓•r 1 � � )' •cf •/_,'� 7-t•�d • ✓ /✓ y -1, l .//�'1tei✓ � .,jt) ,. It ' �� / • p 1"s-0 ,: ,'\I; ' ', -- 1 il :, i'd 1 j�A' i t t� !- - yip TT '-L, G.5 j21- `� — - — — T-Y , cal —.--------- 1'11 / /1 1.4 .`>�/41 2/7 .' � / _ fir` --- ,7'. ,,,,,// 10; .--Jt�4Zi,e.71. . _ • • - ry `•`i mot"- /..vcA • ..jI a - r4r 2 -,}.4.0. Li.G_"-t - c..I.o.c).r2L?-7z J {.4c, L fel,— • ---- _:2zii..,i,,jr.,)_L 1.„.„. .1 I—7/---------. ------- 11 • J\ °1 cmr'�-4- !L,'U -rAmr . 01G C*/44.az+�-� f i $.`)Uf Suiw. 4:1„4„,,,,,..„ g ..t ./7-..444 1 Jy}iCt : /- fir)./ /f9'/1/(i y1.i�{/6. - - A ,G{ • a • /�-,2 5:.11-_./ "•�() tt--!- _'. ./ .. V /,-.—.�l-.G''1.t'S.. • _--_— t _--- K -', . ```��,"""ppp 0,+ . , i . MEMO TO: Mayor Penzel and Members of the City Council THROUGH: John Frane, Acting City Manager FROM: Carl Jullie, City Engineer DATE: January 29, 1981 SUBJECT: Power Line Along Scenic Heights Road -. ...__ -- - -- As described in the attached letter of January 21, NSP is proposing to make certain revisions to their power line along Scenic Heights Road. We requested NSP to consider placing the new three phase lines, plus the existing single phase, underground between Mitchell Road and Scenic Heights Rd., and to remove the existing 14 power poles along this stretch rather than simply adding cross arms and attaching addi- tional wiring to the existing poles. NSP determined that the cost to the City for undergrounding the segment from Mitchell Road to Red Rock Road would be $28,908. NSP claims (and Roger Pauly concurs) that they have the right to install additional wires on the existing poles without specific approval from the City but that, if possible, they would rather get the concurrence of the City before proceeding. The telephone company also has a cable attached to the existing poles, but they plan to place their cable underground in the near future regardless of NSP's decision about the poles. We have informed NSP that this would be a policy decision properly ad- dressed by the City Council. We anticipate a representative from NSP will be present Tuesday evening to answer questions. A typical example of a three phase line is along the east side of Co. Rd. 4 across from the City Hall. CJJ:kh i eifff Northern Slates Power Company IL"\N"."" Minnetonka Division . 5505 CountyRoad 19 P.O.Bon 10 Shorewood,Minnesota 55331 ' January 21, 1981 Telephone(612)474.8881 Carl J. Jullie Director of Public Works 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 • Dear Carl: • Northern States Power Company plans to build a three phase electric distri- . bution tie line on Scenic Heights Road from Mitchell Road to County Road #4 in Eden Prairie. We already have a single phase distribution line on Scenic Heights Road from Mitchell Road west to Red Rock Road to which we will add two additional phases. We also have an existing three phase line on Scenic Heights Road from County Road #4 east to School Road which we plan to reconductor to a larger wire size. Finally our plan calls for installing a three phase underground on Scenic Heights Road connecting the two overhead segments. The City of Eden Prairie Engineering Department requested NSP to study the feasibility of placing the eastern portion of this project underground at the f. same time and to determine the cost of doing same. These studies have been completed and we have determined that the cost to the city for undergrounding the segment from Mitchell Road to Red Rock Road would be $27,178. This cast is for undergrounding the existing overhead line only. There also would be cost to the city of $1,730 for replacing four overhead streetlights with underground custom residential lights. Therefore the total cost to the city would be $28,908. These costs do not include the additional costs of the underground three phase line to be substituted for the proposed overhead three phase line in that same area. NSP would absorb these additional costs and there would be no further cost to the city for this portion of the project. NSP would appreciate receiving the Citys' decision at your earliest convenience since we would like to proceed with the overhead construction on this project this winter. Sincerely,., K. W. Davison Jr. • Customer Service Specialist KWD fm f •