HomeMy WebLinkAboutCity Council - 02/03/1981 it .
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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
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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.
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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
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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
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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
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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
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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:
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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
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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
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John D. Frane, Clerk
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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:
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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
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Minnesota River Valley Wildlife Refuge and Recreation Area
Parks, Recreation and Natural Resources Commission action on February 2, 1981. •
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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.
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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 •
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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.
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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".
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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.
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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.
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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)
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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.
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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.
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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.
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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
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• 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 -
•
{
•
•
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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
•
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•
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•
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
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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 •
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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. Preserve should construct the necessary storm drainage $
improvements within outlot B and dedicate the area to the I
City.
JJ:ss
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is
1 TERRACE , "tr, .t,�,,,_i", 3 ",.n J�4 (23)).,5 `cr -A0��Fb.1�u1r,7t.St'..1 • I
•
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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.
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Sincerely,
Glf q- I
W. Kurt I.ab1shinp,heusc
Derrick Land Company
i
cc: I I/I) (En (.k on) i
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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.
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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
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/if 75-''/ •eztOelA a.4.)
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iaect,c) /$1. s.--- .://t-Pt-e.11 •
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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
=;()_ , -
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yam.
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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
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(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;
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(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
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•• 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
•
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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
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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.
(8)"foal+;fly of rn,,ib,,'• 1::clwlrs prep'rty In wlib•h the netor Is co-owner
or Las II I:ca, it , I•al::oo hit, 14 II`r,• or oilier sohn••din:1(e lutnre-t, and
ter,;,;:i• of a I a,L'n'n-Sip of widvh tie.• net•ir is a :ne;nhor,unless the actor
real Ito v1 ten ate tiehmud and wife. It.(h.., sat f,n'b:le;am,tv hi touch
the',lug m,111,ill f:,„d fall:, n 1111111) rs It t.?!r:tli n tot'ee cc.:n'nh,icy out
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a :)'j 6? - r.g c n H O p °. O ry ? ✓✓G n P 7 n £Op•%�O `1 N I'i ann, t.1 P O n G.. O G 1 .n e .rr r ^o ` n p , <q^, N,1', »»g Fr O
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•
$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
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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: •
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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-
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utivaly and Parcels numle.red 111" throuair "5' are the proper-
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POPHAM,HAIK,SCHNOBRICH, KAUFMAN & DOTY. LTD.
Ms. Marilyn Egerdal
January 27, 1981
Page 2 •
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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)
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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
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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
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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
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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
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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:
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a. "Agreement" or "this Agreement" means this Agree-
ment between the IIennepin County Park Reserve District and
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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
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( 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
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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-
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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.
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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
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• . 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
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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
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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."
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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.
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f b. Shade Tree Disease Control. The District will
apply its Shade Tree Disease Control Program within the
Entire Park Property. •
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c. Cooperation. The District will cooperate with ,.
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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-
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turves, equitunent and persona]. property as listed on Exhibits
"A-2" and "13-2." i
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( 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.
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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.
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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
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( 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
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• 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
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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.
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• ' 6. Sanitary Sewer Service Charges. Once,Dis- f
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trict facilities are connected to the City's sewer
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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
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( 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, •
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• 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
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total amount due to the City for water trunk assessments
within those areas designated.
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(a) Anderson Lakes Park. Only the south-
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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,
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there will be a quarterly service charge which shall
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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.
•
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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
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. •
•• 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. % -,. .. . :.‘ . ... ; • ' • • • , •• • -
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•
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. •
•
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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
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•
• 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
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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. Frane, City Clerk SEAL
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• • 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.
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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.
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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
•