HomeMy WebLinkAboutCity Council - 05/19/1981 HOUSING AND REIEVELIPMENT AUTHORITY
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TUESDAY, MAY 19, 1911' 7:31 NI, CITY HALL
„BUSING & REDEVELOPMENT AUTHORITY MEMBERS: Wolfgang Penzel, George Bentley, lean__
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Edstrom, Paul Redpath and George Tangen •
HOUSING & REDEVELOPMENT AUTHORITY STAFF: City Manager Carl Jullie, Finance lirector'
' John D. Franc, and Karen Michael, Recording'
Secretary
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;INVOCATION: Wolfgang Fenzel
1PLEDUE OF ALLEGIANCE
T
MOLL CALL
14. CALL MEETING TO ORDER •
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II. DISCUSSION ON TAX INCREMENT FIUANCING ,
III. AJOURN MEETING
. rEIEN PRAIRIE CITY CIDNCIL
—'JESDAY,,MAY 19, 19111 • Immediately following Housing &
. Redevelopment Authority Meeting
),COUNCIL MEMIERS:1 . 'Mayor Wolfgang Fenzel, George Bentley,'
-- lean Edstrom, Paul Relpath and George
Tangen
COUNCIL STAFF: City Manager Carl Jullie; City Attorney
Roger Pauly; City Engineer Gene lietz;
.Finance Director John Frane; Planning
Director Chris Enger; Director of Community
Services Bob Lambert; and Karen Michael,
' Recording Secretary 1
'I. APPROVAL OF AGENDA AN1 OTHER ITEMS OF BUSINESS
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, MAY 5, 1911 Page 1144
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III. CONSENT CALENDAR
A. 2nd Reading of Ordinance No. 11-11, rezoning 4 acres from Rural to page 1153
�---� Office for town offices (Valley Place Offices) ly C.S.J. leveiopment
v and developer's agreement
D. Agreement No. PW 1G-41-81 with Hennepin County for channelizatian 'Page 1Ii$
and preparation for traffic signals at Co. Rd. 4/Valley View Rd.,
I.C. 51-3251V (Resolution No. 11-lIl
City Council Agenda - 2 - Tues.,May 11, 1111
C. Agreement No. PW 21-4641 with Hennepin County for road improvements Page 1SGl
on Co. R4. 1 at Tit 169, I.C. 51-311C (Resolution No. 11-112)
D. Old Farm 2nd Addition - preliminary and final plat approval Page 1070
(Resolution No. 11-113)
E. Castle Ridge - final plat approval (Resolution No. 01-104) Page 1072
IV. PAYMENT OF CLAIMS NOS. 6411 - 1616 Page 1075
V. REPORTS OF ADVISORY COMMISSIONS
VI. PETITIONS, REBUESTS & COMMUNICATIONS
A. Willow Creek 2nd Addition by Elaine L. Sorensen, Joel R. Harding Page 1660
& Kathleen J. Harding. Jahn P. Wilkie & Bonita Wilkie, Vernon C.
Geiger & Barbara A. Geiger, and Gerald Schoenfelder. Request to
replat Willow Creek Farm into 5 residential lots and 3 outlets.
Located south of Bryant Lake and west of Flying Cloud Drive
(Resolution No. $1-46)
B. Request from Hans Hagen Homes to incorporate an additional Page 1510
quadraminium building type in Northmark 3rd and 4th Addition
VII. .REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Appointment to the Historical & Cultural Commission to fill
. an unexpired term to 2/26/64
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B. Report of City Attorney
1. Discussion on Tax Increment Financing
C. Report of City Manager
O. Report of Director of Community Services
• ' / 1. Swedlund property appraisals Page 1013 •
2. Earl & Helen More house acquisition Page 1515
3. Red Rock Park acquisition Page 1017
yPage 101$
�; P`• 4. Authority to advertise for bids for tennis courts at Middle g
School and Creekwood Park
E. Report of City Engineer
1. Consider bids for Lake Idelwild Drainage Outlet, I.C. 51-365 Page 1S
99
Resolution No. $1-97)
2. Consider bids for improvements on W. 70th Street, I.C. 51-344C Page 1101
TReselutienn No. Bl-si)
City Council Agenda - 3 - Tues.,May 19, 19$1
a �'�3. Consider bids for traffic signal at TH li!/Anderson Lakes Pkwy., Page 1104
Or,. I . 51-341A (Resolution No..81-99)
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eceive feasibility report and order utility im rovements for
Valley Place Sffice Park, I.C. 51-41 (Resolution No. 81-155) Page 11K
F. Report-of Finance Director C/
1. Gnsiler proposals for the City's insurance Pape 1147
2. Clerk's License List tape 1119
VIII. NEW BUSINESS
IX. ADJOURNMENT.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, MAY 5, 1981 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath, and George Tangen
COUNCIL STAFF PRESENT: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Planning Oirector Chris Enger, Director
of Community Service Bob Lambert, Director of
Public Safety Jack Hacking, and Recording Sec-
retary Karen Michael
INVOCATION: Councilman George Bentley
ROLL CALL: All members present
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to VII. C.: 3. Memo re: Public Hearing Policy
and 4. Appointment of City Engineer.
MOTION: Bentley moved, seconded by Tangen, to approve the agenda as amended
and published. Motion carried unanimously.
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, APRIL 21, 1981
MOTION: Edstrom moved, seconded by Bentley, to approve the minutes of the
April 21, 1981, Council meeting as published. Motion carried unanimously.
III. CONSENT CALENDAR
A. 2nd Reading of Ordinance No. 81-07, rezoning properties in the Northeast,
Southeast, and Southwest quadrants of Co. Rd. 4/TH 5 back into Plan Study
B. Agreement No. 60167 with Mn/DOT for reconstruction of the TH I69/Co. Rd. 1
intersection, I.C. 51-311 (Resolution No. 81-91)
C. Receive 100% petition and order improvements on Franlo Road west of Preserve
Blvd. and Darkenwald 1st Addition, I.C. 51,331 (Resolution No. 81-92)
D. Final plat approval for Olympic Hills 7th Addition (Resolution No. 81-93) •
E. Request to set Public Hearing for June 2, 1981, for Municipal Industrial
Development Bonds in the amount of $850,000.00 for Volunteers of America
Care Facilities Project
F. Request to set Public Hearing for June 2 1981, for Municipal Industrial
Development Bonds in the amount of $1,072,500.00 for Minnesota Supply
Company Project
MOTION: Moved by Redpath, seconded by Bentley, to approve items A - F
on the Consent Calendar. Motion carried unanimously.
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City Council Minutes -2- May 5, 1981
IV. PUBLIC MEETING
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( A. Scoping Report for County Road 62
City Manager Jullie stated that notice of tonight's meeting had been published
in the Eden Prairie News and that notices had been sent to property owners. He
then introduced Richard Wolsfeld.
Richard Wolsfeld, representing BRW, spoke to the Scoping Report. He said a
meeting will be held at Minnetonka City Hall at 10 a.m. July 8th at which time
cities and agencies would be formally asked to comment on the Scoping Report.
He said that there are four areas of concern: aesthetics, noise, wildlife,
and water quality. Various issues and impact areas are discussed in the re-
port and were highlighted by Wolsfeld.
Discussion centered on access to Bryant Lake Park, the western terminus at
the intersection of County Road 4 and Townline, and bridge profiles.
Dean Holasek, 6475 Rowland Road, questioned the need for an off-ramp at the
Rowland Road intersection.
John Palm, 6389 St. John's Drive, asked if consideration has been given to
public transportation, whether or not the moraine just west of St. John's
Woods has been protected, and wondered why the Crosstown has to go further
• west Oa n 494.
Al Harrison, 6941 Beach Road, expressed concern about the alignment of Beach
( Road to the east of its present junction with what would be the Crosstown
extended.
Warren Gerecke, 6622 Golden Ridge, wondered how drivers would react to two
signalized intersections within a short distance. He was concerned that by not
considering this a freeway, a situation such as that where 35W and the Cross-
town use the same roadway for a short distance in Richfield would be created.
Susie Hummel, 6362 St. John's Drive, asked whether or not the original plans
for the Crosstown were for it to go all the way to 101.
Harrison asked if something more than just a notice, perhaps a one-page summary
of the Repoct, could be sent to residents of the area.
MOTION: Tangen moved, seconded by Edstrom, to instruct Staff to incorporate
the comments heard tonight into a formal response which will be considered by
the Council prior to the July 8th meeting. Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 6235 - 6418
MOTION: Moved by Redpath, seconded by Tangen, to approve Payment of Claims
Nos. 6235 - 6418. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and
Penzel voted "aye". Motion carried unanimously.
City Council Minutes -3- May 5, 1981
VI. REPORTS OF ADVISORY COMMISSIONS
A. Report from the CAG Highway #18 Study Group (Joe Adams and Jim Osberg)
Joseph M.D. Adams and James Osberg, representatives of the Citizens Advisory
Group, spoke to the Report. (See attached outline and request.) They pointed
out that 4 corridors are under study, with variations within those corridors.
They are hopeful that the Normandale crossing will remain as one of the
alternatives.
Redpath reminded the Council of a 1973 "Metcalf" bill which was passed and to
which should now be referred.
Edstrom commended Adams and Osberg on a great job and said that their work
reflects the attitude of the Council. He stated that a Slopes Ordinance is
• being studied now and perhaps the question of bluffs should also be considered.
City Manager Jullie stated that a letter had been sent to the County regarding
the inclusion of Normandale Boulevard north of Old Shakopee Road as a part of
the CSAH 18 Study.
MOTION; Edstrom moved, seconded by Tangent to request the County to keep
the Normandale option open, Motion carried unanimously,
Further discussion centered on the demolition of the present bridge and
the total cost of the project,
MOTION; Moved by Edstrom, seconded by Bentley, to ask Staff to prioritize
the improvements as Eden Prairie sees them to adopt a statement regarding
the preservation of the bluffs in Eden Prairie, and to draft a position
statement allowing Eden Prairie to state to governmental agencies where we
stand and what we are asking them to do, Motion carried unanimously,
Bentley requested that Adams and Osberg be invited to attend the next meeting
of the Slopes Ordinance committee,
V1i. REPORTS OF OFFICERS, BOARDS, & COMMISSIONS
A. Reports of Council Members
1. Appointment of Minnetonka Communit, Education Council representative
MOTION; Tangen moved, seconded by Bentley, to appoint Merle Gamm as
Eden Prairie's representative to the Minnetonka Community Education
Council, Motion carried unanimously.
2, Councilman Bentley . announced there would not be another meeting
of the Solid Waste Site Selection Committee,
B. Report of City Attorney
There was no report,
City Council Minutes -4- May 5, 1981
C. Report of City Manager
1. Agreement for right of entry with Golfview Investment Company and
Equitable Life Assurance Company for waterworks improvements
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MOTION: Tangen moved, seconded by Bentley, to approve the right-
of-entry agreement for waterworks construction, Motion carried
unanimously. {{
2. Selection of architect for the design of the expansion of Public
Safety offices and maintenance facilities
City Manager Jullie spoke to his memo of May 1, 1981, in which
the process used and fees were discussed,
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MOTION: Redpath moved, seconded by Bentley, to hire Interdesign _
as the architect for the preliminary design of the Public Safety
facility. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and
Penzel voted "aye". Motion carried unanimously,
3. Public Hearing Policy
City Manager Jullie referred to his memo of April 30, 1981, in
which he addressed the public hearing policy.
MOTION: Edstrom moved, seconded by Redpath, to authorize Staff
to again begin setting public hearings for development proposals.
Motion carried unanimously,
4. City Engineer appointment
City Manager Jullie announced that Eugene Oietz, presently employed ii
by RCM, has accepted the job as City Engineer and will begin working i .
for the City on May 18, 1981.
D. Report of Director of Community Services
1. Hockey Rink at Round Lake Park
MOTION: Tangen moved, seconded by Edstrom, to approve construction ,
of an additional hockey rink at Round Lake Park as per recommendations
outlined in Community Service Director Lambert's memo of April 6, 1981.
Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted
"aye"
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City Council Minutes -5- May 5, 1981
2. Acquisition of the Earl More House
t Director of Community Services Lambert spoke to his memorandum of
April 23, 1981, in which he addressed the acquisition, He recommen-
ded that the purchase be budgeted for over a five year period with
a contract for deed.
MOTION: Redpath moved, seconded by Edstrom, to instruct Staff to
pursue the More House purchase based on Lambert's memo. Roll call
vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye'.
Motion carried unanimously.
Earl More, 8107 Eden Prairie Road, invited the Council to come to
see the house at any time.
3. Fishing Resource Study Committee Report
MOTION: Redpath moved, seconded by Bentley, to accept the report
of the Fishing Resource Study Committee and to approve the recommendations
included in the report. Motion carried unanimously.
4. Outlots A & B Hidden Ponds
Community Services Director Lambert referred to his memo of April
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15, 1981, in which he addressed the Hidden Ponds Outlots.
Penzel said he was against the City accepting the deeds to the out-
lots as it would be setting a precedent. Bentley agreed stating
there are several areas in the City where there are such outlots
and homeowners' associations might look upon this as an easy out.
MOTION: Redpath moved, seconded by Edstrom, not to accept a deed
to Outlots A & B in Hidden Ponds First Addition. Motion carried
unanimously.
E. Report of Finance Director
1. Clerk's License List
The question of a private kennel license for the Rosen's at 10266
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Laurel Drive was discussed.
Hugh Overstreet, 10246 Laurel Drive, asked what the minimum lot size
was for a kennel license to be granted.
Ed Murnane. Sherwood Estates, expressed concern that two animals
is adequate for any house.
MOTION: Moved by Redpath, seconded by Tangen. to approve the Clerk's
License List with the exception of the Rosen's Kennel License which
will be continued to May 19, 1981. Motion carried unanimously.
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City Council Minutes -6- May 5, 1981
VIII. NEW BUSINESS •
( There was none.
IX. ADJOURNMENT
MOTION: Moved by Redpath, seconded by Tangen, to adjourn the meeting at
10:54 p.m. Motion carried unanimously.
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REPORT TO THE CITY COUNCIL OF EDEN PRAIRIE. MN. •
From: Joseph M.D.'Adams
And James Osberg, DDS
Representatives Citizens Advisory Group (CAG)
Ref: CSAH 18 Location Study (a 36 month study)
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1. Membership
A. Two members each
1. Hennepin County
• 2. Scott County
3. Bloomington •
4. Savage
5. Shakopee
6. Eden Prairie
B. Coordinated by Jim Book of Barton-Aschman Associates, Inc.
(the consulting contractor to Hennepin County)
11. Purpose of the Citizens Advisory Group
A. "to work with the consultant and Technical Advisory Committee (TAC)....
• to provide insight and feedback from the public for the duration of
the process. The CAG will be called upon to express community and
and neighborhood attitudes and opinions throughout the location
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• study process."
( B. "they (CAG) will be asked how to best schedule and announce public
meetings and to better insure public involvement."
III. Eden Prairie's stated position regarding the CSAH 18 project.
A. To make every effort to support EP's development as outlined in
the Master Plan as approved by the MET Council.
B. To preserve the "open space" and ecological nature of our community.
C. To make every effort to prevent outside influences to force unfair
strain on the community.
D. To force other communities to accept responsibility for the pressures
of growth and development.
E. To protect Eden Prairie's investment in existing development by both
business and residents.
F. To position our community as a good neighbor. upgrading of 169, '
G. To strive for the completion of the 212 corridor, the upg 9
as promised by the Met Council, before CSAH 18 becomes a major
thoroughfare.
iv. Apparent positions taken by other CAG members •
A. Consultants
1. To lobby for the CSAH 18 corridor as a freeway, if possible,
and ignore other commitments since these do not apply to their
contracted study. Alternates such as a Normandale crossing had
to be forced upon them before they would take this route seriously.
2. To do a thorough job on this study.
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B. Bloomington •
l. 1. To take a low profile.
2. To insure that the corridor that they set aside •
• to be used for Freeway with little or'no room
for alternatives.
.3. To lobby and resist all attempts to upgrade •
Normandale and allow a bridge at this location. ..
4. To succeed in providing a Freeway at their western
boundary (Route 18) not in their community. d
• 5. To insure the success of commercial development
between Route 18 and Normandale along Hennepin County 1 ..
(Old Shakopee Road)... .
C. Savage, Shakopee, and Scott Counties I
1. To provide a crossing to their residents.
2. To balance the CAG for fairness.
• 3. To insure that any crossing mesh smoothly with
their proposed roadway systems.
4. To provide for the transportational and development
needs of their constituents.
V. Present status of CSAH 18 study as understood by your representatives.
NOTE: This portion of the report will be presented and will
include maps and copies of the first stage report.
VI. Present status of the CSAH 18 study
A. Corridors now being considered.
• B. Preliminary design as conceived by the TAC and the
Consulting firm.
C. Considerations that must be supported.
1: Design considerations.
2. Wildlife considerations.
3. Archeological and historical.
4. Neighborhood.
5. Asthetic. .
6. Funding and financial. • .
• 7. Previously promised bun not delivered highway commitments.
VII. Request for specific recommendations from the Eden Prairie City '
Council so that.your representatives may continue functioning
from a position of strength.
Respectfully submitted,
Joseph M.D. Adams
James Osberg, DDS.
REQUEST FROM EDEN PRAIRIE CITY COUNCIL
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I. UNIFY VARIOUS TRANSPORTATION PLANNING
i.e. 169-212., 62, Ring Road Project
II. CALL IN PROMISES FROM HENNEPIN COUNTRY AND STATE OF MINNESOTA
BEFORE ANY CONCESSIONS ARE MADE FROM EDEN PRAIRIE REGARDING
CSAH 18 PROJECT.
III. THE ENACTMENT OF A UNIFIED PLAN TO PRESERVE THE NATURAL STATE
OF THE BLUFFS ACROSS THE ENTIRE SOUTH OF EDEN PRAIRIE.
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IV. ISSUE A FORMAL STATEMENT REGARDING EDEN PRAIRIE'S COMMITMENT �.
DESIGNATING CSAH 18 AS AN ARTERIAL RATHER THAN A FREEWAY ARTERY.
V. FQRMALLY PETITION BARTON-ASCHMAN AND THE COUNTY OF HENNEPIN
TO INCLUDE NORMANDALE BOULEVARD NORTH OF OLD SHAKOPEE ROAD
AS PART OF THE CSAH 18 STUDY. •
VI. INITIATE A FORMAL LIASON PROGRAM WITH BLOOMINGTON AND HENNEPIN
COUNTY IN HOPES OF BETTER UNDERSTANDING EACH OTHER'S POSITION.
VII. SEEK FOR FORMAL COMMITMENT FROM THE MET COUNCIL REGARDING THEIR
COMPREHENSIVE PLAN.
VIII. PETITION ARMY CORPS OF ENGINEERS, U.S. COAST GUARD, BREDE GRAIN ELEVATOR IN SHAKOPEE
TO COMMIT REAL NEED FOR COMMERCIAL BOAT TRAFFIC WEST OF NORMANDALE.
105Z
/ Valley Place Offices
RAP
CITY OF EDEN PRAIRIE
I NNEPIN COUNTY, MLNNLSOTA
Ordinance NO. I-{)1
AN ORDINANCE ?MATING TO ZONING AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: } '
Section 1. Appendix A of Ordinance No. 135 is amended as follows: The
following described property, situated in the County of Hennepin, State of
Minnesota,
See Exhibit A attached hereto.
shall be and hereby is removed from the Rural District and shall be
included hereafter in the Office District.
Section 2. The above-described property shall be subject to all of the
ordinances, rules and regulations of the City of Eden Prairie relating to the Office
District.
Section 3. This ordinance shall becane effective from and after its passage
and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie
on the day of , 1981, and finally read and adopted and ordered
published at a regular meeting of the City Council of said City on the day
of , 1981.
Wolfgang H. Penzel - Mayor
ATTEST:
John D. Frane - City Clerk
PIITLISHED in the Eden Prairie News on the day of , 1981.
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VALLEY PLACE OFFICES
• LEGAL DESCRIPTION '
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Part of SE 3 of the NE 34 Section 12 Township 116
Range 22 Hennepin County, Minnesota described as
follows: Commencing at NW corner of the E 30
acres of the SE k of the NE said Section. 12,
thence S 738.5' along the W Line thereof, thence
at right angles W 350' to the point of beginning
thence E 350' along last described line to the.
West Line of said E 30 acres, thence S 300' along
said W line, thence at right angles W 522' thence •
$t right angles N to the center line of County
• Road 39 thence N. Easterly along said center line
• to a line running N & S parallel with the last
described W line from the point of beginning •
( thence S to the point of beginning,.
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EXHIBIT A
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Valley Place Offices j
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1981
by and between G.S.J. Development, a Minnesota general partnership consisting
of Charles E. Garrity, a partner, Donald F. Shiff, a partner, and William
A. Jacobson, a partner, hereinafter referred to as "Owner", and the City of
Eden Prairie, a municipal corporation, hereinafter referred to as "City", •
WITNESSETH:
WHEREAS, Owner has applied to City to rezone from Rural to Office
District approximately 4 acres, situated in Hennepin County, State of
Minnesota, more fully described in Exhibit A, attached hereto and made
a part hereof and hereafter referred to as "the property", and
WHEREAS, Owner desires to develop the property and to construct
thereon buildings for office use.
NOW THEREFORE, in consideration of the City adopting Ordinance No.
81-08, Owner covenants and agrees to construction upon, development, and
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maintenance of said property as follows:
1. Owner shall plat and develop the property in conformance
with the materjal dated March 5, 1981 reviewed and approved
by the City Council on April 7, 1981 and attached hereto
as Exhibit B, subject to such changes and modifications as
provided herein. Owner shall not develop, construct upon,
or maintain the property in any other respect or manner
than provided herein.
2. Owner covenants and agrees to the performance and observance
by Owner at such times and in such manner as provided therein
of all of the terms, covenants, agreements, and conditions j.
set forth in Exhibit C, attached hereto and made a part thereof.
3. Owner shall, prior to issuance of any permit for con-
struction upon the property submit to City a detailed
landscaping plan for review and approval. •
4. Owner shall, prior to site grading of the property,
meet with the City Planning Staff to have identified
those trees which are intended to be preserved. Trees
identified to be preserved are to be protected by Owner
by the placement of a staked snow fence at or beyond
the trees' drip line. Owner shall not and not permit
his employees, agents, or others to grade, remove soil
from, place fill in or cut or disturb in any manner
trees and other vegetation on or within that part of
the property surrounded by snow fence. Said fence shall
be left in place until the completion of the landscaping
in accordance with the plans referred to in Paragraph #3.
5. Owner shall dedicate to Hennepin County any additional
right-of-way required by Hennepin County for Valley
View Road. •
6. Owner shall submit to the City Planner for review and
approval an easement permitting access to Valley View
Road through the property's northern area to the •
"north property".as depicted on'Exhibit B at such
• time as such easement is required by any owner of the
"north property"; the exact location of the easement
to be mutually agreed upon by Owner and the owner
( of the "north property."
IN WITNESS WHEREOF, the parties to this Agreement have caused
these presents to be executed as of the day and year aforesaid.
CITY:
• l1olfgang H. Penzel, Mayor
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• Carl J. Jullie, City Manager
STATE OF MINNESOTA)
) ss.
• COUNTY OF HENNEPIN) •
The foregoing instrument was acknowledged before me this day of
, 1981, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie.
the City Manager of the City of Eden Prairie, a municipal corporation, on
behalf of the corporation.
Notary Public
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OWNER:
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Char " . rity,`1'artnerA
���/•�r '-' ,
Dona d F. Shif , artner
r /�
• William A. Jacobson, Partner
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
th
The foregiong instrument was acknowledged before me this /F day of
�- 1' , 1981 by Charles E. Garrity, partner, Donald F. Shiff,
artner d William A. Jacobson, partner of G S.J.. Development, a
Minnesota general partnership. •
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Lary Pub)ac)
SAtLY_A.CURRY
NOTARY PUENNUBLIN IC—MIUNNNETYSOTA
N CO
- "I My CAmmrssan E,pm July 18.1981,
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VALLEY PLACE OFFICES •
• LEGAL DESCRIPTION
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that part of.the Southeast Quarter of the Northeast Quarter of Section 12,
Township'•1If., Range 22, Hennepin.County, Minnesota. described cs follows:
Commencing at the northwest corner of the East 30 acres of the Southeast
Quarter of the Northeast Quarter of said Section 12; thence south along
the west line of said East 30 acres, a distance of 738.5 feet; thence
west at right angles to said west line. a distance of 350.00 feet to
the point of beginning; thence east along the last described line,
a distance of 350.00 feet to the west line of said East 30 acres; •
thence south along said west line, a distance of'300:00 feet, thence •
west at right angles to said west line, a distance of 522.00 feet; -
thence north parallel with said west line to the centerline of County
Road No. 39; thence northeasterly along said centerline to the intersection
with a line drawn north, parallel with the west line of said East_
30 acres, from the point of beginning; thence south to the point of
beginning.
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EXHIBIT A f:
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northor �e9 •
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` "I i• "northern property"
• .4 \ . ' 1 I l i•
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% s i 1, I(IIN
x 1 V
'x '/ ..- • 1 northern area of '••t•r
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I/1 rn \ \.\21‘1 \' I —411 f 4:,: in :I,:I,
w r • 17 ' , •, ii
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EXHIBIT B
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• 1/80
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• DEVELOPER ' S AGREEMENT
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EXHIBIT C
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page 1 of 5
• I. Prior to release of final plat, Owner shall submit to the City
Engineer for approval two copies of a development plan (1"=100' scale)
showing existing and proposed contours, proposed streets and lot
arrange nts and size, minimum floor elevations on each lot, preliminary
• alignmcat and grades for sanitary sewer, watermain and storm sewer,
• 100 year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots,
location of walks, trails and any property to be deeded to the City.
II. Owner shall submit detailed construction and storm sewer
plans to the Nine Mile Creek
Watershed District for review and approval.
Owner shall follow all rules and recommendations of said
Watershed District.
III. Owner shall pay cash park fees as to all of the property required
by any ordinance in effect as of the date of the issuance of each
• building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
$1,400 per acre. The amount to be paid by Owner shall be increased
• or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
of the issuance of any building permit for construction on the
property.
IV. Prior to the dedication, transfer or conveyance of any real
• property or interest therein to the City as provided herein,
Owner shall deliver to the City an opinion addressed to the
City by an Attorney, and in a form , acceptable to City, as to
the condition of the title of such property or in lieu of a
title opinion, a title insurance policy insuring the condition
of the property or interest therein in the City. The condition of
the title of any real property or any interest therein to be
dedicated, transferred or conveyed as may be provided herein by
• Owner to City shall vest in City good and marketable title,
therein free and clear of any mortgages, liens, encumbrances,
or assessments.
•
•
• • •
•
• 1/80
Page 2 of 5 Exhibit C
V. A. All sanitary sewer, watermain and storm sewer facilities, concrete
curb, gutters, sidewalks and other public utilities ("improvements")
to be made and constructed on or within the property and dedicated
to the City shall be designed in compliance with City standards by
.a•registered professional engineer and submitted to the City Engin-
eer for approval. All of the improvements shall be completed by
Owner.& acceptable to the City Engineer and shall be free and clear
of any lien, claim, charge or encumbrance, including any for work.
labor or services rendered in connection therewith or material or
equipment supplied therefore on or before the later of, 2 years •
from the date hereof or , 19 . Upon com-
pletion and acceptance, Owner warrants and guarantees the improve
ments against any defect in materials or workmanship for a period
• of two (2) years following said completion and acceptance. In
• the event of any defect in materials or workmanship within said •
2 year period warranty and guarantee shall be for a period of three
(3) years following said completion and acceptance. Defects in
material or workmanship shall be determined by the City Engineer.
Acceptance of improvements by the City Engineer may be subject to
such conditions as he may impose at the time of acceptance. Owner,
through his engineer, shall provide for competent daily inspection
during the construction of all improvements. As-built drawings
with service and valve ties on reproduceable mylar shall be deliver-
ed to the City Engineer within 6D days of completion thereof to-
• gether with a written statement from a registered engineer that all
improvements have been completed, inspected and tested in accordance
with City-approved plans and specifications. Prior to final plat
approval, or issuance of any building permit, if no final plat is
required, Owner shall:
Submit a bond or letter of credit which guarantees com-
pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this suboaragraph V. A., including but not limited
• to, a guarantee against defects in materials or work-
manship for a period of two (2) years following com-
pletion and acceptance of the improvements by the City
Engineer. The amount of the bond or letter of credit
shall be 125% of the estimated construction cost of
said improvements, subject to reduction thereof to an
amount equal to 25% of the cost of the improvements
after acceptance thereof by the City Engineer, and re-
ceipt of as-built drawings. The bond or letter of
credit shall be in such form and contain such other
provisions and terms as may be required by the City
Engineer. The Owner's registered engineer shall make
•and submit for approval to the City Engineer a written
estimate of the costs of the improvements.
B, In lieu of the obligation imposed by subparagraph V.A, above, Owner
may submit a 100Z petition sinned by all owners of the property, re-
questing the City to install the improvements. Upon approval by the •
• City Council, the City may cause said improvements to be made and
special assessments for all costs for said improvements will be •
levied on the property, except any property which is or shall be ded-
• 106 I .
31 vv
Page 3 of 5 Exhibit C
icated to the public, over a five year period. Prior to the award
of any contract by the City for the construction of any improve-
ments, Owner shall have entered into a contract for rough grading
of streets included in the improvements to a finished subgrade
elevation. Contractor's obligation with respect to the rough grad-
ing work shall be secured by a bond or letter of credit which shall
•
guarantee completion, and payment for all labor and materials ex-
pended in connection with the rough grading. The amount of the
bond or letter of credit shall be 125% of the cost of such rough
grading and shall be in such form and contain such further terms
• as may be required by the City Engineer.
C. Prior to release of final plat, Owner shall pay to City fees for
first 3 year street lighting (public streets) engineering re-
view and street signs.
VI. A. Owner shall remove all soil, and debris from, and clean, all streets
within, the property at least every two months, (or within one week
from the date of any request by City), during the period commencing
May 1 and ending October 31, of each year, until such time as such
streets and improvements therein are accepted for ownership and
maintenance by City.
Prior to City accepting streets and improvements, Owner shall have
restored all boulevards according to the obligations contained
within paragraph VI B.
( B. Within 20 days of installation of utilities and street curb in any
portion of the property (if said time occurs between May 1 and
October 31 of any year) Owner shall sod (secured with a minimum of
2 stakes per roll of sod) that part of the property lying between
said curb and a line 18+inches measured perpendicular with the curb
or in lieu of said sod, place a fiber blanket with seed approved by
the City (secured with stakes a maximum of 6 feet apart). Either
sod or fiber must be placed upon a minimum of 4 inches of topsoil.
• The topsoil shall be level with the top of the curb at the curb
line and rise 1" for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and grade until
such time as the streets and improvements in the property are accept-
ed for ownership and maintenance by City.
Owner shall also sod all drainage swales serving each 1.5 acres a
minimum distance of 6 feet on either side of the center of the swale.
C. The bond or letter of credit provided in paragraph V A. hereof shall
also guarantee the performance of Owner's obligations under this
paragraph VI.
VII. Owner shall file this Agreement with the Register of Oeeds or Register of
Titles and supply the City with a copy of this Agreement with information
as to Document Number and date and time of filing duly certified thereon
with 60 days from the date of this Agreement.
VIII. If Owner fails to proceed in accordance with this Agreement within 24
months of the date hereof and provide pronf of filing in accordance
with item VII. hereof, Owner for itself, its successors, and assigns
shall not oppose rezoning of said property to Rural.
I')f,2
• 1/80
• • .8/21/80
' Page 4 of 5 Exhibit C
• IX. Provisions of this Agreement shall be binding upon and enforceable against
Owner, its successors, and assigns of the property herein described.
X. an er clearrepresents
mortgages,rliens and other fee
encumbrancesr,eexcept: free
XI. In the event there are or willbe constructed on the property, 2 or.more
' streets, and if permanent street signs have not been installed, Owner
shall install temporary street signs in accordance with recommendations
of the City Building Department, prior to the issuance of any permit to .
. build upon the property. ; z,.'; ,
XII. All improvements including grading, seeding, planting, landscaping,
equiping, and constructing of any structure to or upon any of the
property or other lands to be conveyed or dedicated to the City or for
which an easement is to be given to the City for park or other r•ecre- -s
ational purposes, shall be completed by Owner 8 acceptable to the
Director of Community Services and shall be free and clear of any lien,
claim, change, or encumbrance, including any for work, labor, or ser-
vices rendered in connection therewith or material or equipment sup-
plied therefore on or before the later of, 2 years from the date hereof
• or , 19 . Upon comments against any defect in materials
or workmanship for a period of two (2) years following said completion
and acceptance. In the event of any defect in materials or workmanship
within said 2 year period the warranty and guarantee shall be for a period
of three (3) years following said completion and acceptance. Defects
.in materials or workmanships shall be detennined by the Director of
Community Services. Acceptance of improvements by the Director of.
Community Services may be subject to such conditions as he may impose
at the time of acceptance.. Owner, through his engineer, shall-provide
for competent daily inspection during the construction of all improve-
ments. Prior to final plat approval, or issuance of any building permit,
if no final plat is required, Owner shall:
Submit a bond or letter of credit which guarantees com- •
pletion of all improvements within the times provided,
• upon the conditions, and in accordance with the terms •
of this subparagraph V. A., including but not limited
to, a guarantee against defects in materials or work-
manship for a period of two (2) years following com-
pletion and the extension of the period to three (3)
years in the event of any defect during said 2 year
period, and acceptance of the improvements by the Dir-
ector of Community Services shall be 125% of the estim-
ated construction cost of said improvements, subject to
reduction thereof to an amount equal to 25% of the cost
'( of the improvements after acceptance thereof by the Dir-
ector of Community Services. The bond or letter of credit
shall be in such form and contain such other provisions
and terms as may be required by the Director.of Community •
Services. The Owner's registered engineer shall make
and submit for approval to the Director of Community Ser-
vices a written estimate of the costs of the improvements.
•
2/80
..9/10/80 1..
•
Page 5 of 5 Exhibit C .
.XIII. Owner acknowledges that the rights of City to performance of obligations
of owner contemplated in this agreement are special, unique and of an
• extraordinary character; and that in the event that owner violates or
fails or refuses to perform any covenant, condition or provision made by
him herein, City may be without an adeouate remedy at law. Owner agrees,
• therefore, that in the event he violates., fails or refusesto perform any
covenant, condition or provision made herein, City may; at its option,
institute and prosecute an action to specifically'enforce performance of
. such covenant. No remedy conferred in this agreement is intended to be
exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of any one or more remedies shall not constitute
• a waiver of any other remedy.
XIV. Any term of this agreement that is illegal or unenforceable at law or in •
equity shall be deemed to be void and of no force and effect,to the extent
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of-the terms
of this agreement shall be fully enforceable,
XV. Owner shall, prior to the commencement of any improvements, provide
written notice to Minnesota Cablesystems Southwest, a Minnesota Limited
• Partnership, the franchisee under the City's Cable Communication
•
Ordinance (80-33) of the development contemplated by this Developer's
Agreement. Notice shall be sent to Minnesota Cablesystems Southwest
•
c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center,
Minneapolis, Minnesota 55402.
•
•
•
•
•
•
1Y •
. • OWNERS
SUPPLEMENT
O
DEVELOPER'S AGREEMENT
BETWEEN
I G S J DEVELOPMENT
AND THE
• CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of MAY PI , 1981
by and between Mr. Charles R. Hillger and Judith A. Hillger, husband
and wife, hereinafter referred to as Owners and the City of Eden Prairie,
a municipal corporation, hereinafter referred to as "City''.
For and in consideration of, and to induce, City to adopt Ordinance
81-08 and to change the zoning of property owned by Owners from Rural
to Office District, described in Exhibit A, attached hereto and made a •
part hereof, hereinafter referred to as "the property", as more fully
described in that certain Developer's Agreement entered into as of
•
ml¢y If , 1981 by and between G S J DEVELOPMENT and CITY, Owners
( agree with the City as follows:
1. If G S J Development fails to proceed in accordance with
the Developer's Agreement within 24 months of the date
thereof and to provide proof of filing as required therein,
Owners for themselves, successors, heirs and assigns shall
not oppose the rezoning of the property to Rural.
2. This Agreement shall be binding upon and enforceable against
Owners, successors, heirs and their assigns of the property.
OWNER:
Qj.,--co-,Am,\•\--\.1-,-.M.\.A.)--......, .
Charles R. Hillger, husband
C�„41i ',a. ht.'(',.,,4)
Juddti )1. Hillger, wife,
STATE OF MINNESOTA) •
) SS.
COUNTY OF HENNEPIN) tI
"
'The foregoing instrument was acknowledged before me this / day of
•• , , 1981 by Charles R. Hillger and Judith A....illger,
husband'and wife.
A L REICHOW 1 1'l
g Np7A"Y PUBIiC•MIuNTMNotary Public3HENNEPINCO i /vG�
My WWI,nuon(J, sw 1985
I
Owners Supplement to Developer's Agreement
between G.S.J. Development and the City of
Eden Prairie page 2
•
•
CITY:
•
Wolfgang H. Penzel, Mayor
•
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1981 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie,
the City Manager of the City of Eden Prairie.
Notary Public
•
loth
•
•
•
VALLEY PLACE OFFICES
LEGAL DESCRIPTION •
•
Part of SE of the NE 3 Section 12 Township 116 •
Range 22 Hennepin County, Minnesota described as
follows: Commencing at NW corner of the E 30
acres of the SE of the NE said Section 12,
thence S 738.5' along the W Line thereof, thence
at right angles W 350' to the point of beginning
thence E 350' along last described line to the
West Line of said E 30 acres, thence S 300' along
said W line, thence at right angles W 522' thence
at right angles N to the center line of County
Road 39 thence N. Easterly along said center line
to a line running N & S parallel with the last
described W line from the point of beginning
thence S to the point of beginning.
EXHIBIT A •
IG11/
May 21, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTIDN NO. R81-101
BE IT RESOLVED that the City of Eden Prairie enter into an
agreement with Hennepin County Department of Transportation for the
following purposes, to wit:
Channelization and Preparation for traffic
signals at Co. Rd. 1/Valley View Rd., I.C. 51-325IV
BE IT FURTHER RESOLVED that the proper City officers are hereby •
authorized to execute such agreement, and thereby assume for and on
behalf of the City all of the contractual obligations outlined therein.
. ADOPTED by the Eden Prairie City Council on
•
Wolfgang H. Penzel, Mayor
ATTEST: SEAL •
John D. Frane, Clerk
•
•
•
•
MEMO
TO: Mayor Fenzel and Members of the City Council
THROUGH: • Carl Jullie, City Manager
FROM: Engineering Dept.
DATE: May 15, 1981
SUBJECT: Agreement No. PW 16-49-81 With Hennepin County
for Channelization and Preparation for Traffic
Signals at Co. Rd. 4/Valley View Rd., I.C. 51-325 IV
The attached agreement with Hennepin County for the above reference project
is submitted for Council approval. The estimated City's share of this project
if $180,861.61. The County share is $494,514.89. Funding for the City's
share will be from the City's Municipal State Aid Construction Fund.
Recommend approval of said agreement.
Attachment
•
is
'V(1(1,
Agreement No. PW 16-49-81
County Project No. 7928
County State Aid Highway No. 4
City of Eden Prairie
• County of Hennepin
(
CONSTRUCTION COOPERATIVE AGREEMENT
AGREEMENT Made and entered into this _day of , 19 _,
by and between the County of Hennepin, a body politic and corporate under the laws
of the State of Minnesota, hereinafter referred to as the "County" and the City of
Eden Prairie, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, The County and the City have been negotiating to bring about the
improvement of that portion of County State Aid Highway No. 4 between 0.15 miles
south of and 0.20 miles north of Valley View Road (Engineer's Stations 192+00 to
• i
• 210+40) and the improvement of Valley View Road between County State Aid Highway
No. 4 and Walnut Court (Engineer's Stations 100+69 to 104+00), which improvements
• contemplate and include grading, drainage, concrete curb and gutter, bituminous base,
bituminous surfacing and other related improvements; and
' WHEREAS, The above mentioned improvement of Valley View Road, identified as
City of Eden Prairie Project I.C. No. 51-325 has been included as a part of the
County Engineer's plan for the improvement of County State Aid Highway No. 4,
identified as County Project No. 7928, which said improvement of both roadways shall
be hereinafter referred to as the project; and
WHEREAS, The above described project lies within the corporate limits of the
City, and
WHEREAS, The County Engineer has heretofore prepared an engineer's estimate
of quantities and unit prices of materials and labor for the above described project
and an estimate of the total cost for contract work in the sum of Six Hundred
Thirteen Thousand Nine Hundred Five Dollars and Forty Cents ($613,905.40). A copy
of said estimate (marked Exhibit "A") is attached hereto and by this reference is
made a part hereof; and
WHEREAS, It is contemplated that said work be carried out by the parties hereto
under the provisions of Minnesota Statutes Sec. 162.17, Subd. 1.
NOW THEREFORE, IT IS HEREBY AGREEO:
IU6B � 1
i I
That the County or its agents will advertise for bids for the work and
construction of the aforesaid project, receive and open bids pursuant to said
advertisement and enter into a contract with the successful bidder at the unit prices
specified in the bid of such bidder, according to law in such case provided for
counties. The contract will be in form and will include the plans and specifications
prepared by the County or its agents, which said plans and specifications are by this
reference made a part hereof.
II
The County will administer the contract and inspect the construction of the
contract work contemplated herewith. However, the City Engineer of Eden Prairie
shall cooperate with the County Engineer and his staff at their request to the extent
necessary, but will have no responsibility for the supervision of the work.
III
All rights of way, permits and/or easements required for the construction of
said project will be acquired by the County or its agents. The final cost of all
rights of way, permits and/or easements, plus all costs incurred by the County in
acquiring said rights of way, permits and/or easements shall be apportioned as
follows:
Right of Way for CSAH 4 - 50% County, 50%City
Right of Way for Valley View Road - 100% City
The right of way costs incurred as described herein shall include all acquisition
costs including, but not limited to, any and all damages occurring to any person or
persons, including private utilities in relocating or removing or adjusting main
conduits or other structures located in or upon the land taken; or damage in
procuring such right of way, whether such damage is caused by the County or the City
in the performance of such contract with respect to the improvement of County State
Aid Highway No. 4 and Valley View Road, as shown on the plans for County Project No.
7928.
The County will periodically, as parcels are acquired, prepare and submit to the
City itemized accounts showing right of way and acquisition costs incurred by the
County. The City share of said costs shall become due and payable within thirty (30)
days after submittal of an invoice of costs from the County to the City.
The estimated right of way expenses described herein are indicated in said
Exhibit "A" attached hereto.
2 _
IV
The City
shall reimburse the County for its share in the construction cost of
( j the contract work for said project and the total final contract construction cost
shall be apportioned as set forth in the DIVISION OF COST SUMMARY in said Exhibit "A"
attached hereto. It is further agreed that the Engineer's Estimate referred to on
Page 1 of this agreement is an estimate of the construction cost for the contract
work on said project and that the unit prices set forth in the contract with the
successful bidder-and the final quantities as measured by the Engineer shall govern
in computing the total final contract construction cost for apportioning the cost of
said project according to the provisions of this paragraph.
V
In addition to payment of the City's proportionate share of the contract
construction cost, the City also agrees to pay to the County a sum equal to twenty
. percent (20%) of the amount computed as the City's share of the said contract
construction cost, it being understood that said additional payment by the City is
• its proportionate share of all engineering, administrative and other miscellaneous
costs incurred by the County for the work performed within the corporate limits of
the City under this contract.
VI
Within sixty (60) days after an award by the County to the successful bidder,
•
the County shall submit an invoice to the City and the City shall deposit with the
Hennepin County Treasurer, ninety percent (g0%) of the estimated City share in the
contract construction, administrative and engineering costs for the project. Said
estimated City share shall be based on actual contract unit prices for estimated
quantities shown in the plans.
The remaining ten percent (10%) is to be paid to the County upon the completion
of the project and submittal to the City of the County Engineer's Final Estimate for
the project showing the City's final share in the contract construction, administrative,
and engineering costs for the project.
Upon payment of the Final Estimate to the successful bidder by Hennepin County,
any amount remaining as a balance in the deposit account will be returned to the City;
likewise any amount due the County by the City upon payment of the Final Estimate by
the County shall then be paid by the City as its final payment for the construction
and engineering cost of this project.
• HOD
VII
The County Engineer will prepare monthly progress reports as provided in the
specifications. A copy of these reports will be furnished to the City upon request.
VIII
All records kept by the City and the County with respect to this project shall
be subject to examination by the representatives of each party hereto.
IX
The County reserves the right not to issue any permits for a period of five (5)
years after completion of the project for any service cuts in the roadway surfacing
of the County Highway included in this project for any installation o' underground
utilities which would be considered as new work; service cuts shall be allowed for
the maintenance and repair of any existing underground utilities.
X
It is agreed that the City shall remove and replace all City owned signs that
are within the construction limits of this project, all at City expense.
XI
It is further agreed that the County, at its expense, shall place any and all
.necessary no parking signs and the City, at its expense, shall provide the enforcement
for the prohibition of all on-street parking within its corporate limits on said
portion of County State Aid Highway No. 4 constructed under this project.
Any modification of the above parking restrictions shall not be made without
first obtaining a resolution from the County Board of Commissioners permitting said
modification.
XII .
It is understood and agreed that upon completion of the improvement proposed
herein, the concrete sidewalk and bituminous bike path included in said improvement
shall become the property of the City and all maintenance, restoration, repair or
replacement required thereafter shall be performed by the City at its own expense.
It is further understood that neither the County, its officers, agents or
employees either in their individual or official capacity, shall be responsible or
liable in any manner to the City for any claim, demand, action or cause of action
of any kind or character arising out of or by reason of negligent performance of
the hereinbefore described maintenance, restoration, repair or replacement work by
the City, or arising out of the negligence of any contractor under any contract let
- 4 - . 1661
!!; tr t,ie city for the performance of said work; and the City agrees to defend, save
I 0,4 seep said County, its officers, agents and employees harmless from all claims,
d„+ands, actions or causes of action arising out of negligent performance by the
City, its officers, agents or employees.
XIII
• The City agrees that any City license required to perform electrical work
within the City shall be issued to the Contractor or the County at no cost to the
Contractor or the County. Electrical inspection fees shall not be more than those
established by the State Board of Electricity in the most recently recorded
Electrical Inspection Fee Schedule.
XIV
1 It is further agreed that each party to this agreement shall not be responsible
or liable to the other or to any other person whomsoever for any claims, damages,
actions, or causes of actions of any kind or character arising out of or by reason
of the performance of any work or part'hereof by the other as provided herein;
and each party further agrees to defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim of whatsoever character
, arising in connection with or by virtue of performance of its own work as provided
herein.
XV '
It is further agreed that any and all employees of the City and all other
persons engaged by the City in the performance of any work or services required
or provided herein to be performed by the City shall not be considered employees
of the County, and that any and all claims that may or might arise under the
Worker's Compensation Act or the Unemployment Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims
made by any third parties as a consequence of any act or omission on the part of
said employees while so engaged on any of the work or services provided to be
rendered herein shall in no way be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by
the County in the performance of any work or services required or provided herein
to be performed by the County shall not be considered employees of the City, and
that any and all claims that mayor might arise under the Worker's Compensation Act
or the Unemployment Compensation Act of the State of Minnesota on behalf of said
employees while so engaged and any and all claims made by any third parties as a
5 it(otF
consequence of any act or omission on the part of said employees while so engaged on
any of the work or services provided to be rendered herein shall in no way be the
( obligation or responsibility of the City.
t
XVI
The provisions of Minnesota Statutes 181.59 and of any applicable local
ordinances relating to civil rights and discrimination and the affirmative action
policy statement of Hennepin County shall be considered a part of this agreement
as though fully set forth herein.
•
•
•
•
•
•
•
146b
u ,, upitisf, the parties hereto have caused this agreement to be •
�ctive duly authorized officers as of the day and year first
CITY OF EDEN PRAIRIE
By:
Mayor
gall Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
ATTEST: By:
Chairman of its County Board
Date:
Deputy County Auditor And:
Associate County Administrator
and County Engineer
Date:
Date:
Upon proper execution, this agreement
will be legally valid and binding.
�` —
By:
��f RECOMMENDED FOR APPROVAL
Assistant County
County Attorney
Date: c1/57r/ By Director, Department of Transportation
Approved as to execution Date:
By:
Assistant County Attorney
Date:
•
IObg
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May 21, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION R81-102
BE IT RESOLVED that the City of Eden Prairie enter into an
agreement with Hennepin County Department of Transportation for the
following purposes, to wit:
Road improvements on Co. Rd. 1 at T.H. 169,
I.C. 51-311C
BE IT FURTHER RESOLVED that the proper City officers are hereby
authorized to execute such agreement, and thereby assume for an on
behalf of the City all of the contractual obligations outlined therein.
i _.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST SEAL
John D. Frane, Clerk
•
i069
MEMO
•
TO: Mayor Penzel and Members of the City Council
THROUGH: Carl Jullie, City Manager
FROM: Engineering Department
DATE: May 15, 1981
SUBJECT: Agreement No. PW 21-48-81 With Hennepin County for
Road Improvements on Co. Rd.l at T.H. 169,
I.C. 51-311C
• The attached agreement with Hennepin County for the above referenced
project is submitted for Council approval. Under this agreement the
City will be obligated to pay 50% of the right-of-way acquisition
costs (estimate.$220,000. x 50a-= $110,000.) All construction costs
relating to the County's portion of this project will be paid by the
County. Funding for the City's share will be from the City's
Municipal State Aid Construction Fund.
( Recommend approval of said agreement.
Attachment f.
ioo9 R
Agreement No. PW 21-48-81
County Project No. 7640
County State Aid Highway No. 1
City of Eden Prairie
County of Hennepin
COOPERATIVE CONSTRUCTION AGREEMENT
AGREEMENT, Made and entered into this —day of , 19 .
by by and between the County of Hennepin, a body politic and corporate under the laws of
the State of Minnesota, hereinafter referred to as the "County", and the City of
Eden Prairie, a body politic and corporate under the laws of the State of Minnesota,
hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, The State of Minnesota, the County and the City have been negotiating
for some time to bring about the improvement of the Trunk Highway 169 - County State
Aid Highway 1 intersection; and
WHEREAS, The State of Minnesota has prepared plans for the above mentioned
improvement, labelled and identified as State Project No. 2744-30 (T.H. 169=5); and
WHEREAS, Included as a portion of the above mentioned State Project is the
construction of County State Aid Highway 1 along a new alignment between points 908
( feet west of Trunk Highway 169 and 2,735 feet east of Trunk Highway 169, said �.
construction and realignment of County State Aid Highway 1 shall be hereinafter known
and referred to as County Project No. 7640; and
WHEREAS, A layout showing the proposed construction and realignment of County
State Aid Highway 1 is attached hereto, marked Exhibit A, and by this reference made
I
a part hereof; and
WHEREAS, The State of Minnesota, the County and the City have previously entered
into a separate agreement providing for the sharing of costs for the construction,
operation and maintenance of a traffic control signal at the above said intersection;
and •
WHEREAS, Minnesota Statutes Sec. 471.59 and 162.17 provide that two or more
governmental units may enter into a cooperative agreement for the purpose of highway
improvements.
NOW THEREFORE, IT IS HEREBY AGREED:
1 �
The construction work contemplated herewith shall he in substantial compliance
with the hereinbefore mentioned layout attached as Exhibit A.
II
All rights of way, permits and/or easements required for the construction of
said Project No. 7640 will be acquired by the County. The final cost of all rights
of way, permits and/or easements, plus all costs incurred by the County in acquiring
said rights of way, permits and/or easements shall be apportioned 50 percent to the
County and 50 percent to the City.
The right of way costs incurred as described herein shall include all acquisition
costs including, but not limited to, any and all damages occurring to any person or
•
persons, including private utilities in relocating or removing or adjusting main
.
conduits or other structures located in or upon the land taken; or damage in procuring
such right of way, whether such damage is caused by the County or the City in the
performance of such contract with respect to the improvement of County State Aid
Highway 1, County Project No. 7640.
The County will periodically, as parcels are acquired, prepare and submit to the
City itemized accounts showing right of way and acquisition costs incurred by the
County. The City share of said costs shall become due and payable within thirty (30)
days after submittal of an invoice of costs from the County to the City.
The estimated total right of way expense as described herein is S220,000.00.
III
The entire design, construction inspection and contract administration for
said Project No. 7640, exclusive of the traffic control signal, shall be performed
• at no cost to the City.
IV
Upon completion of the construction of said project, the County shall request
that the Commissioner of the Minnesota Department of Transportation remove the portion
of existing County State Aid Highway 1 including newly constructed approaches thereto,
all shown colored red on said Exhibit A attached hereto, from the County State Aid
• Highway System and designate the realigned portion as new County State Aid Highway 1.
The City, by execution of this Agreement, concurs in the above mentioned change in
designation.
V
' The City also agrees to provide all necessary snow and ice control on the road-
ways colored red on said Exhibit A during the time period between the opening of
County State Aid Highway 1 to all traffic on its new alignment and the City's
assumption of all maintenance activities resulting from the change in designation.
- 2 1(49C
VI
It is further agreed that each party to this agreement shall not be responsible
or liable to the other or to any other person whomsoever for any claims, damages,
actions, or causes of actions of any kind or character arising out of or by reason
of performance of eny work or part hereof by the other as provided herein; and each
party further agrees to defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in
connection with or by virtue of performance of its own work as provided herein.
VII
It is further agreed that any and all employees of the City and all other persons
engaged by the City in the performance of any work or services required or provided
for herein to be performed by the City shall not be considered employees of the
County, and that any and all claims that may or might arise under the Worker's
Compensation Act or the Unemployment Compensation Act of the State of Minnesota on
behalf of said employees while so engaged and any and all claims made by any third
parties as a consequence of any act or omission on the part of said employees while
so engaged on any of the work or services provided to be rendered herein shall in no
way be the obligation or responsibility of the County.
Also, any and all employees of the County and all other persons engaged by the
County in the performance of any work or services required or provided for herein to
be performed by the County shall not be considered employees of the City, and that
any and all claims that may or might arise under the Worker's Compensation Act or
the Unemployment Compensation Act of the State of Minnesota on behalf of said
•
employees while so engaged and any and all claims made by any third parties as a
consquence of any act or omission on the part of said employees while so engaged on
any of the work or services provided to be rendered herein shall in no way be the
obligation or responsibility of the City.
VIII
•
The provisions of M.S. 181.59 and of any applicable local ordinance relating
to civil rights and discrimination and the affirmative action policy statement of
Hennepin County shall be considered a part of this agreement as though fully set
forth herein.
I .
3
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be
exectted by their respective duly authorized officers as of the day and year first
c
above written.
CITY OF EDEN PRAIRIE
• By:
Mayor
(Seal) Date:
And:
Manager
• l
Date:
COUNTY OF HENNEPIN
•
ATTEST: By:
Chairman of its County Board
( Date:
beputy County Auditor
Date: And:
Associate County Administrator
and County Engineer
Upon proper execution, this agreement
will be legally valid and binding. Date:
By: e:rie LC� 44— RECOMMENDED FOR APPROVAL
Assistant County Attorn y
Date: -7/'/ / By:
Director, Department of Transportation
Approved as to execution
Date:
By:
Assistant County Attorney
Date:
•
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1 ,f 7�\. J
CITY OF EDEN PRAIRIE
May 19, 1981 1
HENNEPIN COUNTY, MINNESOTA .
RESOLUTION NO. R81-103 •
•
A RESOLUTION APPROVING FINAL PLAT
OF OLD FARM 2nd ADDITION
WHEREAS, the plat of Old Farm 2nd Addition has been sub-
mitted in the manner required for platting land under the Eden Prairie Ordinance
Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been
duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and•
the regulations and requirements of the laws of the State of.Minnesota and ordin-
ances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF i .
EDEN PRAIRIE:
A. Plat Approval Request for Old Farm 2nd Addition is approved
upon compliance with the recommendation of the City Engineer's
Report on this plat dated May 13, 1981
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 D. Frane, Clerk
•
/610
CITY DF EDEN PRAIRIE
ENGINEERING REPORT DN FINAL PLAT
TO: Mayor Penzel and Members of the City Council
THROUGH: Carl Jullie, City Manager
FROM: Engineering Department
DATE: May 13, 1981
SUBJECT: OLD FARM 2ND ADDITION
PROPOSAL: David A. Williams Realty and Construction, Inc.., is requesting
City Council approval of the final plat of Old Farm 2nd Addition.
This is a replat of Lots 1 and 2, Block 1, Old Farm Addition which at
the time of the original final plat approval were subject to a life-hold
agreement with the property owner. The final plat now submitted for
approval conforms with the approved preliminary plat.
HISTORY: Zoning to RM 6.5 was finally read and approved by the City Council
' on November 6, 1979, per Ordinance #79-28.
The preliminary plat was approved by the City Council on August 7, 1979,
per Resolution #79-141.
The developer's agreement referred to within this report was executed on
November 6, 1979.
VARIANCES: All variance requests must be processed through the Board of Appeals.
A variance from the requirements of Ordinance No. 93, Sec. 8, Subd. 1,
waiving the six month maximum time elapse between the preliminary plat
approval date and filing of the final plat will be necessary.
UTILITIES & Extension of municipal utilities may be necessary to serve this addition.
STREETS: Prior to release of the final plat the developer will submit plans for
utility extension in conformance with the requirements of the developer's
agreement.
PARK
DEDICATION: The requirements for park dedication are covered in the developer's
agreement.
BONDING: The requirements for bonding are covered in the developer's agreement.
RECOMMENDATION: Recommend approval of the final plat of Old Farm 2nd Addition
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 $240.
IU/I
May 18, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R81-104
A RESOLUTION APPROVING FINAL PLAT
OF CASTLE RIDGE
WHEREAS, the plat of Castle Ridge has been sub- I
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 Castle Ridge is approved
upon compliance with the recommendation of the City Engineer`s
Report on this plat dated March 11, 1981,
8. 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 Re.gis-
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 D. Frane, Clerk •
/O?
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and City Council Members
THROUGH: Carl Jullie, City Manager
FROM: Engineering Department
DATE: May 14, 1981
SUBJECT: Castle Ridge
PROPOSAL: The developer, Abio Holdings Inc., is requesting City Council approval
of the final plat of Castle Ridge, formerly known as Tudor Oaks. This
is a residential multiple plat consisting of approximately 44 acres
being devided into three lots and one large outlot. The developer will
retain ownership of Outlot A with use of the floodplain area to be
recreational and the remainder of the lot to be developed at a later date.
HISTORY: The preliminary plat was approved by the City Council on April 1, 1980
per Resolution #80-66.
Zoning to RM 2.5 and RM 6.5 was finally read and approved by the City
Council on June 14, 1977 per Ordinance #77-15.
The Rezoning Agreement was executed on May 16, 1977 and amended on
June 14, 1977. The conditions of the agreement and City Council
modifications of April 1, 1980 shall apply to this plat.
VARIANCES: A variance from the requirements of 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 will be necessary.
A variance from the side lot setback requirements of Ordinance #135
to allow a zero lot line setback will be necessary and is consistant
with the conditions of preliminary plat approval. Occupying permits
will not be allowed until this variance has been approved by the Board
of Appeals.
UTILITIES All utilities and streets within this plat will be privately owned and
& STREETS: maintained.
The developer has platted right-of-way providing access to property
located south of the plat in conformance with the requirements outlined
in the approval of the preliminary plat. Additional right-of-way will
he necessary at the intersection of Schooner 81vd. and 169 to allow
the installation of turn lanes.
/073
Page 2 Eng. Report on final plat - Castle Ridge •
PARK
DEDICATION: The requirements for park dedication are covered in the Rezoning
Agreement. �.
BONDING: Bonding for improvements within the dedicated right-of-way will be
required in conformance with the Developer's Agreement.
RECOMMENDATION: Recommend approval of the final plat of Castle Ridge, subject
to the requirements of this report, the Rezoning Agreement and the
following:
1. Receipt of fee for City Engineering services in the
amount of $440.00
•
•
ioiq
May 19, 1981
STI_ OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
6419 PRAIRIE VILLAGE MALL ASSOCIATES First 15 real estate taxes-Liquor Store $ 1,752.7
6420 PRAIRIE VILLAGE MALL ASSOCIATES May 1981 rent-Liquor store 68.5'.
6421 HOPKINS POSTMASTER Postage
•
6422 VOID OUT CHECK 209.4..
6423 HOPKINS POSTMASTER Postage 0
6424 SANDRA F. WERTS Change9.4
fund-Riley Lake 325.
6425 BUTCH'S BAR SUPPLY Supplies-Liquor Store 302 `
6426 MIDWEST WINE CO. Wine 52.€
6427 CAPITAL CITY DISTRIBUTING CO. Wine 618.0
1,6428 TWIN CITY WINE CO. Wine 8.0
6429 OLD PEORIA COMPANY, INC. Liquor 1,197. :
6430 JOHNSDN WINE CO. Wine 1,060.E
6431 ED. PHILLIPS & SONS Wine 365.�.
6432 GRIGGS, COOPER & LU., INC. Liquor 1,365.1`
6433 INTERCONTINENTAL PACKAGING CO. Wine 179 a
6434 PAUSTIS & SONS Wine 225.E
6435 UNIVERSITY OF MINNESOTA Conference-Fire Dept. 14,473.E
,6436 FEDERAL RESERVE BANK Payroll 4473.c
641 COMMISSIONER OF REVENUE Payroll 165.0
64 AETNA LIFE INSURANCE & ANNUITY Payroll 62 C
6439 UNITED WAY OF MINNEAPOLIS Payroll 312.0
6440 INTERNATIONAL UNION OF OPERATING Dues 10, 2.0
6441 PERA Payroll
6442 VOID OUT CHECK 1p,
6443 TOM LAMMERS Expenses 4O r
6444 EDMUND LUKASZEWSKI Fee-Adaptive Recreation 1,10.0
6445 GROUP HEALTH PLAN Insurance ,751.E
,761 6446 HMO SERVICES Insurance 1
6447 HMO SERVICES Insurance 2,027J
6448 PHYSICIANS HEALTH PLAN Insurance
6449 WESTERN LIFE INSURANCE Insurance 454.454•
6450 TWIN CITY WINE CO. Wine 363.
425.E
6451 MIDWEST WINE CO. Wine 1,497.E
6452 JOHNSON WINE CO. Wine 2,497.�.
6453 GRIGGS, CODPER & CO., INC. Liquor 28
6454 INTERCONTINENTAL PACKAGING CO. Wine 4.E
6455 • CAPITAL CITY DISTRIBUTING CO. Wine
6456 ED. PHILLIPS & SONS CO. Liquor4l.
6457 PETTY CASH Expenses 2,23
62.5
6458 VOID OUT CHECK ,652.Ef
6459 MR. STEAK Services 1,652. '
6460 BEER WHOLESALERS Beer 236.1
6461 CITY CLUB DISTRIBUTING CO. Beer 4,648.
6" COCA-COLA BOTTLING MIDWEST, INC. Mixes 1,625.21
6 s DAY DISTRIBUTING CO. Beer121.E
6464 EAST SIDE BEVERAGE CO. • Beer 4, 24.1
,
6465 GOLD MEDAL BEVERAGE CO. Mixes 2354.1
6466 A.J. OGLE CO., INC. Beer 388 1
6467 PEPSI 7/UP BOTTLING CO. Mixes,�y
�(J1
•
Pao two
May 19, 1981
6468 ROUII.LARD BEVERAGE CO., INC. Beer 832.5:
6469 THORPE DISTRIBUTING Beer 4,402.3
6470 ACRO-MINNESOTA, INC. Office supplies 167.2
6471 EARL F. ANDERSEN & ASSOCIATES Posts-Traffic signals 684.0
6472 RON ANDERSON Wiring squad cars 180.0
6473 VICKIE ANDERSON Refund-Rec Dept. 11.0
6474 SHARON ARENDA Refund-Rec Dept. 10.C_
6475 ARTEKA INCORPORATED Burlap-Community Services 14.C.
6476 ASSOCIATED ASPHALT, INC. Blacktop 4,698 s.
6477 ASTLEFORD EQUIPMENT CO., INC. Equipment-Street Dept. 10.0
6478 BOYER FORD TRUCKS Equipment repair & parts 459.4
6479 VOID OUT CHECK
6480 BRAUN ENGINEERING TESTING Service-Homeward Hills & Sunnybrook Rds., 1,401.3 s
Round Lake Park
6481 BROWN PHOTO Film-Planning Dept. 16.5
6482 BRYAN ROCK PRODUCTS, INC. Rock 2,196.1
6483 BURROUGHS CORPORATION Signature plate-Finance Dept. 48.0- '
6484 BUTCH'S BAR SUPPLY Supplies-Liquor Store 67.4
6485 CALCULATORS, INC. Calculators-Engineering Dept. 305.0
6486 STEVE CALHOON Mileage 26.0
64i' CAPITAL APPRAISALS, INC. Service-Park Dept. 800.0
64. CASTLE CHEMICAL COMPANY, INC. Herbicides-Park Dept. 69.c
6489 CITY OF EDINA Tests 85.0
6490 CHANHASSEN AUTO PARTS Equipment repairs &,parts 289.
6491 CHEMLAWN Service-City Hall 88.E
6492 CLUTCH & U-JOINT BURNSVILLE, INC. Equipment repair & parts 37.3.
6493 JOHN D. CONLEY Gasoline for squad car 15.7
6494 CONSTRUCTION BULLETIN Subscription-Engineering Dept. 39.0
6495 CONTINENTAL BK TRUST & INVESTMENT Bond payment 10,100.
6496 COPY EQUIPMENT INC. Vellum-Community Services, Supplies-Eng. Dept. 253.3
6497 CROWN RUBBER STAMP CO. Engraved desk signs 45.;
6498 CURTIN MATHESON SCIENTIFIC, INC. Lab supplies-Water Dept. 173.2
6499 CUSTOM DESIGNED AWARDS Plaques 383.7
6500 WARD DAHLBERG Mileage 45.0
6501 NANCY DOLLIVER Refund-Rec Dept. 10.0
6502 DORHOLT PRINTING Office supplies 366.1
6503 EDEN.PRAIRIE SANITATION CO. Service 135.`.
6504 EDEN PRAIRIE SCHOOL DISTRICT #272 Custodial Service-City Hall 1,077..
6505 ELK RIVER CONCRETE PRODUCTS Rings, joint seal-Sewer Dept. 73.:
6506 CHRIS ENGER Expenses 161.1
6507 FAIRVIEW COMMUNITY HOSPITALS Test-Polite Dept. 25.r
6508 FIRE INSTRUCTORS ASSN. Service-Public Safety 14•C
6509 FIRESTONE STORES Tires 829.E
6510 FLAHERTY EQUIPMENT CORP. Backup generator-City Radio Program 528.t
6511 FLEET MAINTENANCE INC. Cap screws-Street Dept. 2.E
65r- FLYING CLOUD OIL CO. Fuel. 3,593.2
6 i., LEWIS FOLWICK Open Gym Supervisor 49.0
6514 PAUL FOSS PRINTING • Decal licenses 66.0
6515 FRONTIER LUMBER & HARDWARE Lumber-Park & Police Dept. 243.: '
6516 FUHRMAN DIVERSIFIED-T Dog nets-Animal Control 130.c
6517 GENERAL COMMUNICATIONS, INC. Antenna 80.L
IUI(
i
Pail'
ai three
May 19, 1981
6518 GENERAL ELECTRIC COMPANY Antenna 450.0
6519 DANA GIBBS Packet Delivery 325.6
6520 DALE GREEN CO. Sod-Street Dept. 8.4':
6521 GROSS INDUSTRIAL SERVICES Service 63.77
6522 STEPHANIE HARRER Refund-Rec Dept. 20.0
6523 HAYDEN-MURPHY EQUIPMENT CO. Traffic cones-Street Dept. 135.C'
6524 EVERS HEILIG, iNC. Supplies-Liquor Store 160.9
6525 HENNEPIN COUNTY AGRICULTURAL Donation 25.G:
6526 HENNEPIN COUNTY BUREAU OF P/S Wire, oxygen-Street Dept. 109.5_
6527 HENNEPIN COUNTY BUREAU OF P/S Tree debris removal 33D.C.
6528 HENNEPIN COUNTY CHIEFS OF POLICE Conference-Police Dept. 150.C,
6529 DIRECTOR OF PROPERTY TAXATION First li 1981 taxes-Miller property 1,154.C. '
6530 HENNEPIN TECHNICAL CENTERS Fire Fighter class 550.0
6531 HOPKINS DODGE SALES, INC. Equipment repair & parts 137.3
6532 HOPKINS PARTS CO. Equipment repair & parts 406.E
6533 HAL HOUGHTON Official-Basketball 64.0
6534 ROBERT HRUSKA Mileage 6.C:
6535 HOWARD HUNT Mileage 12.0
6536 INTERNATIONAL CONFERENCE OF BLDG. Books-Building Dept. 92.4
6537 INTERNATIONAL HARVESTER COMPANY Two diesel dump trucks 56,955.2.
653E A SLICE OF ITALY Refund-Restaurant license 225.0
651r JERRY'S SUPER VALU Supplies-Rec Dept. 28.3
65Mb JUSTUS LUMBER COMPANY Lumber-Forestry Dept. 35.E"
6541 KARULF HARDWARE Tire pump, chisel, hammer, spade, batteries, 589.E
trowel, wrench, can.opener-Sewer Dept., floodlites,
clothesline, bolts-Water Dept., concrete mix,
drill bit, ties•for electric wiring, pump, keys,
electric tape, paint-Street Dept., broom, dust pan-
Liquor Store
6542 KIRKHAM, MICHAEL & ASSOCIATES Service-Wastewater treatment facilities 5,688.E
6543 EDWARD KRAEMER & SONS, INC. Rock 146.0
6544 KRAEMER'S HOME CENTER Drill bits, sprayer, copper pipe, level 154.E
6545E THOMAS R. LAMMERS Service 325.0
6546 LANG, PAULY & GREGERSON, LTD. March 81 Service 13,884.`
6547 HOWARD LAWRENCE APPRAISALS INC. Appraisal Service-Park Dept. 800.r.
6548 LEEF BROTHERS INC. Service 198.r
6549 LONG LAKE FORD TRACTOR Equipment repair & parts 108.E
6550 MATT)S AUTO SERVICE, INC. Towing Service 58.(
6551 PARTICK MCCARTY Mileage 18.!.
6552 ' MCFARLANES' INC. Concrete 59.:
6553 MEDICAL OXYGEN & EQUIPMENT Oxygen-Fire Dept. 27.
6554 METRO PRINTING, INC. ' Printing-Voter Registration 95•1
6555 MID-CENTRAL FIRE INC. Bolt cutter-Fire Dept. 18O.'.
6556 MIDWEST ASPHALT CORPORATION Blacktop 321.:
6557 MINNESOTA GAS COMPANY Service 200.
655E MINNESOTA RECREATION & PARKS Registration fee-Softball 11.t .
6f MINNESOTA VALLEY GAS COMPANY Fuel-Senior Citizens Center 195.7 ,
65bU MODERN TIRE CO. Equipment repair & parts 60.4 '
6561 TOM MOTZKO PLBG. & HEATING Building repair-Public Works 61.r ,
6562 NOBLE NURSERY INC. Trees-Forestry Dept. 7,625.c ,
6563 NORTHERN STATES POWER CO. Service 5,426.
6564 NORTHWOOD GAS CO., INC. Gas cylinders-Street Dept. 20.G:
loll
•
Pad. four
May 19, 1981
6565 NORTHWESTERN BELL TELEPHONE Service 2,956.E
6566 NORTHWESTERN NATIONAL BANK Service 582.1
6567 PARK AUTO UPHOLSTERY Repair car seat 65.C.
656E QUALITY WDOD PRODUCTS Stakes-Park Dept. 85.`
6569 RAINBOW SIGNS INC. Signs-Water Dept. 42.5
6570 RAPID COPY, INCDRPORATED Liquor ID Cards 39.7.
6571 REGISTER MEDIA, INC. Ads-Liquor Store 148.`
6572 RIEKE-CARROLL-MULLER Service-Ind. Rd. Utilities, Valley View Rd. 42,480.Z
Pedestrian Bridges, Valley View Rd., Franlo
Road & Preserve Blvd. Utilities, Schooner Blvd.,
Shady Oak Extension, 70th Street, Meadow Park,
Rymarland Camp, 1980 Westgate Add'n Improvement,
Lake Idlewild Drainage, Sunset Trails Estates 6573 ROBERTS DRUG Supplies-Fire Dept. 15 15.4
6574 LAURA ROELL Mileage 6060.0
C
6575 SAILOR NEWSPAPERS, INC. Ads-Liquor Store 6576 SCHMIDT READY-MIX, INC. Concrete 88 7B.0
6577 KATHY SCHUMACHER RN Tests
657E SEARS Calculator-Finance Dept., Booster shocks-P/S 203.13.
6579 STEVEN R. SINELL Mileage
2.
65B0 SMILEY GLOTTER ASSOCIATED • Service-Eden Prairie Community Center 7,956.0
65y' VOID OUT CHECK 416.E
65 _ W GORDON SMITH CO. Equipment supplies-Street Dept. .E
6583 SOUTHWEST SUBURBAN PUBLISHING Legal ads 510 510
6584 ST. REGIS PAPER COMPANY Nails-Park Dept. 106.9
04 C
6585 STATE OF MINNESOTA Fee-Street Dept. • 4.0
22 9C
6586 VERNON THOMAS STEPPE Conference-Fire Dept.
6587 DON STREICHER GUNS, INC. Ammunition-Police Dept. 9.
6588 SUBURBAN AUTO ELECTRIC, INC. Generator repair-Street Dept. 02
6589 SUBURBAN CHEVROLET CO. Equipment repair & parts 2,27 C
6590 SUPERINTENDENT OF DOCUMENTS Subscription-Planning Dept. 17.C
7.0
6591 TEXAS INSTRUMENTS INCDRPORATED Thermal paper-Engineering Dept. 38
6592 CARRIE TIETZ Minutes-Park and Recreation Meeting
6593 TRANSPORT CLEARINGS Freight charges 26.
6594 TWIN CITY PRICING & LABEL Labels-Liquor Store 530.
6595 TYPE HOUSE+DURAGRAPH Supplies-Community Service 7.9
6596 UNIFORMS UNLIMITED Uniforms, bulbs, speaker, lights-Public Safety 1,615.r
6597 UNIVERSITY OF MINNESOTA Service-Park Dept. 500.-
6598 VAN WATERS & RDGERS Chlorine-Water Oept. . 258..
6599 ' WARNER INDUSTRIAL SUPPLY, INC. Paint-Street Dept. 162.,
6600 WARNING LITES, INC. • Reflectors-Engineering Dept. 307..
6601 WATER PRODUCTS COMPANY Floor drain repairs-Water Dept. 34.
6602 XEROX CORPORATION Service 1,200.
6603 BLUE CROSS INSURANCE Insurance • 481.,
6604 • GENERAL ELECTRIC Equipment-City Radio Program 6,537.2
6605 CINDY M. PLANTE Refund 149.,
6 JOHN FRANE Expenses 165.1
6 r JACK HACKING Expenses • 23.4
•
. 10?$
!
Page four
May 19, 1981
6608 VOID OUT CHECK
6609 BROWN & CRIS, INC. Service-Valley View Road 1,335.2_
6610 BROWN & CRIS, INC. Service-Cardinal Creek 2nd Addition 3,934.8>
6611 BROWN & CRIS, INC. Service-Cardinal Creek Addition 29,663.7.
6612 HENNEN CONSTRUCTION CO. Service-Watermain on Valley View Road 118,600.E
6613 NODLAND ASSOCIATES, INC. Service-Industrial Drive Utilities 129,934.E
6614 BLACK & VEATCH Service-Water Treatment Plant Addition 44,255.7
6615 TAMRE O'BRIAN Instructor-Rec Dept. 144.0
6616 BROWN & CRIS, INC. Service-Dell Road 24,738_2
TOTAL 5634,235.E - r
•
•
•
•
/039
Unapproved
Planning Commission Minutes -3- , 981
ALL MEMBERS PRESENT.
Bearman turned the chair over to Retterath, because Don Sorensen is his attorney, to
avoid any possible conflicts.
B. WILLOW CREEK 2ND ADDITION, by Elaine L. Sorensen, Joel R. Harding
& Kathleen J. Harding, John P. Wilkie & Bonita L. Wilkie, Vernon
C. Geiger & Barbara A. Geiger, and Gerald Schoenfelder. Request
to replat Willow Creek Farm into 5 residential lots and 3 outlots.
Located South of Bryant Lake and West of Flying Cloud Drive. A
public hearing.
The Planner stated that this property was rezoned in 1980 and that Mr. Don Sorensen
was present to give the presentation.
Sorensen reviewed the changes made from 1980 to present. He stated the staff
report refers to the curb and gutter as concrete, but it will be black-top. He
also stated that the City Forester has been to the site to study the trees, and
that he has talked to the surrounding landowners and there has been no opposition.
The Planner reviewed the staff report dated May 7, 1981. Sorensen stated that
there was no objections to the staff's recommendations.
Sutliff asked if there could be a cash bond fee to prevent the destruction of trees
during the grading process. The Planner replied that the Forester has been at the
site, and found most trees to be Cottonwood, Aspen, Lilacs, etc. so there would
be no reason for the restriction. Sorensen then replied that they have tried to
B save as many trees as possible and he and Mr. Harding will be on the site personally
when any grading is being done to guard against additional tree loss.
Torjesen asked the percentage of grade of the access road. Sorensen replied the
percentage is 3%.
Torjesen then asked if docks are anticipated. Sorensen replied two; which will be
used by lots 1, 2, 4, & 5.
Retterath asked if lot 3 would have access to the docks. Sorensen replied that the
Wilkie's own lot 3 and would not have access to the docks.
Levitt felt that the plan does not conform to the Shoreland Management Act because of
lots less than 5 acres in an unsewered area.
Levitt asked if the land to the south is within 1000 feet of the lake. Sorensen
replied yes.
Hallett asked when sewer is planned for this area. The Planner replied that the land
has just recently been accessible to City sewer and if problems did occur, sewer
could go in, but the proponents did not wish to be served at this time.
Torjesen stated that he was concerned with the width of the cul-de-sac.
Levitt asked why the black-top road would be 24' instead of the standard 28'. The
( Planner replied more trees will be saved, the road is being built by one property
owner, but only serving lots on one side, and the number of lots to be served was small.
Sutliff asked if the road would be a City road or private. The Planner replied public.
Retterath asked if anyone in the audience had questions or comments. None were raised.
iog�
Unapproved
Planning Commission Minutes -4- May 11, 1981
MOTION 1
Gartner moved to close the public hearing on Willow Creek 2nd Addition. Torjesen
seconded, motion carried 6-0-1. Bearman abstained.
MOTION 2 '
Gartner moved to recommend to the City Council approval of the Willow Creek 2nd
Addition revised preliminary plat dated April 27, 1981 as per the staff report
dated May 7, 1981. Torjesen seconded adding to recommendation #2 of the report:
50'+ROW from the road to be dedicated to the City and 100' of ROW from the cult-
de-sac to be dedicated to the City. Motion carried 5-0-2. Levitt and Bearman
abstained.
/U$�
STAFF REPORT
TO: Planning Commission
FROM: Chris Enger, Director of Planning
DATE: May 7, 1981
PROJECT: WILLOW CREEK 2ND ADDITION
APPLICANTS: Elaine L. Sorensen, Joe'. R. Harding, Kathleen
J. Harding, John P. Wilkie, Vernon C. Geiger,
Barbara A. Geiger, Gerald P. Schoenfelder.
PROJECT LOCATION: In Northeastern Eden Prairie, on the southeast end
of Bryant Lake, bordered on the north by Willow
Creek Road and on the east by Flying Cloud Drive.
BACKGROUND
The property is approximately eight acres (7.79) in size and was zoned
to R1-22 in January of 1980. Fee owners at that time (Vernon and Barbara
Geiger) agreed not to plat the property into more than five total lots;
two of which were to be in excess•of two acres each and three to be one
( acre or larger. The sketch plan submitted at that time is attached.
The current applicants propose a similar concept which differs in the
following areas:
1) The road proposed to split the property originally is shifted to the
southern property line, to fit better with the topography and to
create more desireable lots (shape and house locations).
2) Two outlots (A & B) are to be created which would be owned equally
by lots 1, 2, 4 & 5. This will provide land access to two lots
otherwise not having it.
SITE PLAN
Construction of the cul-de-sac low on the hill is more sensitive to the
site than the location originally proposed. However, filling will be
required, as well as additional ROW from the property owner to the south.
The road will be black-top, 24' in width with concrete curb and gutter.
There is no sewer or water for this project, so individual systems will
be installed.
Attached to this report is a grading drawing showing construction limits.
It should be noted that areas which are indicated as a solid tree mass on
{ the west end of the cul-de-sac are scrub species of small trees. The City
Forester has inspected the site and found this to be the case.
1
Staff Report-Willow Creek 2nd. page 2
SHORELAND MANAGEMENT ORDINANCE
Bryant Lake is classified as a Recreational Development Lake. Septic
Fields and structures must be set back 100' from the Normal Ordinary
High Water Mark (852.6 for Bryant Lake). Although lots without public
sewer and water are required to be 5 acres or larger and 300 feet in
width at the building line; the Planning Commission was aware of this
fact previously and chose to recommend rezoning the property to R1-22 because this
area would basically finish out the Willow Creek area with similar size lots.
Any work proposed below the 852.6 contour will require a D.N.R. Chapter 104
permit.
RECOMMENDATIONS
'the Planning Staff recommends approval of the preliminary plat dated April
22, 1981 subject to the following:
1. Since Outlots A & B are below the 852.6 contour, they are classified as
Public Waters. Therefore, fiTling and dredging of alteration of this
t area should be reviewed by the Eden Prairie Park and Recreation and
Natural Resources Commission, the Nine-Mile Creek Watershed District,
and the Department of Natural Resources. Building of structures over
the Public Waters is regulated by the Shoreland Management Act.
2. Adequate ROW dedication from both property owners must be accomplished
before the City can accept the street. Building permits should not
(_ be issued until this has occured.
3. Cash park fee of $350 per home or what ever fee is applicable at the
time of building permit.
4. The plan must be reviewed and approved by the Nine-Mile Creek Watershed
District.
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SORENSEN & SORENSEN
ATTORNEYS AT LAW
4934 IDS Toe.
b South E9hlh S".r
MINNEAPOUS,MINNESOTA 55402
Telephone 16121 333 5319
DwrM J.Samoa '
$Wdd J.Satnwn(D.c.19791
April 30, 1981
City of Eden Prairie
Eden Prairie City Hall
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
RE: Platting of "Willow Creek" 2nd Addition •
Gentlemen;
This letter is written on behalf of all of the people
involved in the platting and development of the land to be known
as "Willow Creek" 2nd Addition.
The subject property is bounded by Flying Cloud Drive
(Old Highway #169) on the East; "Willow Creek" Subdivision and an
4 unplatted parcel of land on the North; Bryant's Long Lake on the
West; and an unimproved parcel of land containing about 9.7 acres
which is owned by Gerald P. Schoenfelder, one of the applicants
herein, on the South. The proposed plat encompasses a little in
excess of eight (8) acres of property and would contain five (5)
single family detached lots and three (3) outlots upon which no
construction would take place.
The applicants are as follows:
1. Elaine R. Sorensen, Joel R. Harding and Kathleen J.
Harding who are residents in the adjacent "Willow Creek" subdivi-
sion and are Contract For Deed purchasers of the land identified
as Lots 1, 2, 4 and 5 and Outlots A, B, and C on the proposed plat.
2. John P. Wilkie and Bonita L. Wilkie who are also
residents in the adjacent "Willow Creek" subdivision and are the
unencumbered fee simple title owners of the property in the pro-
posed plat which is identified as Lot 3.
3. Vernon C. Geiger and Barbara A. Geiger who are long
time residents of the subject property and the unencumbered fee
simple title owners of Lots 1, 2, 4 and 5 and Outlots A, B and
C and the immediate past owners of Lot 3 of the proposed plat, all
of which property has been known as Willow Creek Farm.
4. Gerald P. Schoenfelder, who is the unencumbered fee
/086
City of Eden Prairie
Page Two
simple title owner of the property to the South of the proposed
plat and who has agreed to dedicate that part of the road and
cul-de-sac right-of-way which is located upon his property to
the City of Eden Prairie at no cost.
The subject property is presently zoned R1-22 as the
- result of Ordinance 79-42 which was unanimously adopted by the
Eden Prairie City Council on December 4, 1979. The said re-
zoning provided that the subject property could be divided into
no more than five (5} lots, two of which were to be over two
acres in size and three of which were to be over one acre in
size, and the City Council's action further provided that this
property could be so platted and improved without the install-
ation of City water and sanitary sewer, but rather could be
served by private wells and septic systems.
The proposed plat is consistent with the criteria
underlying Ordinance 79-42, however, modifications were necessary
to preserve the amenities of the site and to enhance quality of
the development. The more significant of these modifications
and the reasons for them are as follows:
{ a) The public road was moved from the center of the
property to the Southern edge for the reasons that 1.) a lot
lying to the South of a roadway in the center of the property
would be unbuildable without an extensive amount of fill and
even then that lot would be exposed to heightened noise poll-
ution and unattractive views, 2.) A roadway in the center of the
property would result in the lots to the North and South of that
road having a depth of but 110 feet and would necessitate the
removal of a significant and beautiful stand of pines on the lot
to the North of the road, for a building site, and 3.) A road-
way in the center of the property would have required a sub-
stantial cut operation so as to meet City street grade standards
and would have opened the property to the view of the State
Highway Department operation across Flying Cloud Drive to a
greater extent.
b) Outlots A and B were created for a two fold pur-
pose. First, it was felt that as almost all of Outlot A was
marshland which is inhabited by a variety of wildlife, it could
be more easily protected from human intrusion by common ownership
and stringent restrictions on use which will be filed. Second,
rather than have access to Bryant Lake restricted to two or
three lots, it is believed that all of the owners in the sub-
division should have this privilege so Outlot B was created to
be owned in common by Lots 1, 2, 4, 5 and Outlot C and that
the use of Outlot B will also be controlled by filed restrictions.
c) While the lot sizes vary from those stated in
for
. City of Eden Prairie
Page Three
December, 1979, the number of buildable lots remains the same,
and each of the buildable lots exceed the Shoreland Management
Acts' 40,000 square foot standard. The lot sizes were to a
large degree controlled by the existing structures on Lot 4 and
by the applicants desire to preserve the vegetation and topography
of the property which required that the siting of walkways, drive-
ways, building pads, etc, be accomplished by having the lot lines
placed by staking the property itself.
It is the intent of the applicants to create a high
quality residential setting which will complement the adjacent
"Willow Creek" subdivision. To promote interaction between and
neighborliness among the residents of "Willow Creek" and "Willow
Creek" 2nd Addition,a pedestrian pathway system has been created
through the subject property which will eliminate the need for
children and adults to walk along Flying Cloud Drive to visit
their friends and neighbors. This pathway system will be located
over the ten foot strip of Lot 2 which extends to Willow Creek
Road, on the five foot drainage and utility easement on the north •
edge of Lot 2, along the meandering five foot utility and drainage
easement on the West edge of Lot 2 to the Cul-de-sac, and on the
ten foot utility and drainage easement along the northeasterly
f and northerly edge of Lot 5 to Outlot B.
While Lot 4 may be acquired by the Mr. and Miss Harding
for their new residence and Mr. and Mrs. Wilkie have no present
intention of selling Lot 3, the remaining three lots (1, 2, and 5)
will be placed on the open market for sale. (As evidence of the
desirability and need for this type of residential development,
Ms. Sorensen and Mr. and Mrs. Harding have already been approached
by over a dozen people expressing an interest in purchasing one
of these lots, even though there has been no public announcement
of the possibility of this development.)
The applicants have spent considerable time and effort
in attempting to achieve what they consider to be a most sensitive
and appropriate proposal and' wish to thank the City's Planning,
Forestry and Engineeriny staffs for their insights and assistance,
and trust that this application will obtain the City's approval
as a unique addition to Eden Prairie.
Yours very truly,
• SORENSEN & SORENSEN
by
Donald J. Sorensen
DJS/bjt
l CITY DF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-96
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF Willow Creek 2nd Addition
BE IT RESOLVED by the Eden Prairie City Council as follows:
•
That the preliminary plat of Willow Creek 2nd Addition
dated April 27, 1981 , a copy of which is on file at the City Hall
and amended as follows:
•
is found to be in conformance with the provisions of the Eden Prairie
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
•
/U89
llans •
t•r� re
)(times
S
NORTIIMARK TOWIIIIOMES
IN THE PRESERVE
•
THE CARRIAGE HOUSE I is a two bedroom home with patio doors off the living/dining
room to deck, spacious kitchen with eating area, walkout
• lower level (which can be finished).
BASE PRICE $77,675
THE CARRIAGE HOUSE II is a unique home with one large bedroom suite, vaulted ceil-
ings in living area, formal dining room, sunken conversation
area in living room, deck and walkout lower level (which can
be funished as fawlly room or second bedroom.)
BASE PRICE $79,675
THE CARRIAGE HOUSE Ill your was ter sui te/loft with its large full bath, walk-in.
closet and private sitting area, overlooks the spacious
living room. The first floor has a second bedroom, dining
room and a very special kitchen with custom cabinets and a
snack bar. Add options such as a half bath, patio doors and
fireplace and you have extravagant living at an enonomical
price.
BASE PRICE $64,150
THE CARRIAGE HOUSE IV this is an exciting one bedroom plan with an 18 foot
living room, Adding options like a vaulted ceiling, patio
doors and fireplace gives you exceptional living found in
homes costing thousands more.
BASE PRICE $60,100
CURRENT INTERES1 RATES '
10% Down B: INTERFUND
10% Oown 13 7/0% CONVENTIONAL
25% or MOre Down 12 7/8% CONVENTIONAL
ASK ABOUT OUR INTERF'UND PLAN
PRICE AND INTEREST RATES SUBJECT TO CHANGE lt'.TIIOUT NOTICE
050181
•
2245 klrr Siren North
SI.Pool.hbottettota 55113
Phone(612)413.10101
/M O We Ruud Dreams. i,�
(Unapprove)
Planning Commission Minutes -4- May 11, 1981
( ALL MEMBERS PRESENT.
V. OLD BUSINESS
• A. Review of changes to Ban Con's Northmark Quad Units in the 3rd & 4th Add.
The Planner stated that'HansHagen,of Hans Hagen Homes (formerly Ban Con)
was present to give a brief review of the changes.
Hagen stated that he had distributed material to adjacent landowners on the unit
modification. He stated that the basic difference is the height and floor plan,
and the rest is the same.
Sutliff asked if there will be more units than proposed. Hagen replied
no but that he would like to inter-mix the previous units with the new ones.
Bob Dunbar, 11270 Landwood Circle asked if there would be different land-
( scaping done. Hagen replied that similar landscaping would be done.
Larry Peterson, The Preserve, stated that The Preserve reviews the new
designs and subsequent changes to the homeowners committee.
Mike Peterson, 11140 Lanewood Circle stated that he felt that the new unit
will reduce the existing property values.
Les Sebo, 11275 Lanewood Circle stated that he did not understand the need
for adding a new unit. Hagen replied that the new units will make it easier
for newly marrieds, single people, and retired people to purchase.
Sutliff asked if the new unit could be changed from a one-car garage to a
two-car garage. Hagen replied that it would enlarge the ground coverage
above what had been planned for in the original plat.
Gartner stated that she was concrened that there was only sone exit from the
house. Hagen replied that the door from the,house to the garage is now standard.
MOTION
Hallett moved to accept the unit design change requested by Hans Hagen Homes
for Northmark Third and Fourth Additions. Gartner seconded, motion carried 3-2-2.
Hallett, Gartner, & Retterath voted "aye"; Levitt and Torjesen voted "no";
Bearman and Sutliff abstained. Bearman abstained because he felt the change
was not significant enough to require a review by the Planning Commisssion.
Levitt stated that he was persuaded that the introduction of the new unit
could have an impact on the surrounding neoghbors not contemplated in the
original plan.
1011
9s9
STAFF REPORT
TO: Planning Commission
FROM: • Chris Enger, Director of Planning
DATE: May 8, 1981
•SUBJECT: Additional Unit Type for Northmark 3rd and 4th Add.
In 1980,Ban Con, (now Hans Hagen Homes),was granted zoning and platting
approval for construction of quadraminiums (Carraige Houses) in two
different areas in The Preserve.
At that time, although they had only one unit type, they were granted
approval. Quads have been popular with builders because of their
efficiencies of building (similar construction repeated many times). •
Although we have become quite concerned about the prolification of
of quads (because of their lack of variety and potential barracks-type
site plans) these projects presented a modified exterior appearance and
were done in limited numbers.
Hans Hagen Homes has developed an additional quad-type unit which will
fit on the exact same foot print. The unit is about 1000 sq. ft., two
bedroom, and has a single car garage.
We have included copies of renderings and floor plans of these units.
The staff feels that addition of this unit type to Northmark 3 and 4
Additions is compatible with the original building type and should be
a real asset to the project, by not only introducing additional variety
into the neighborhood but also providing additional affordable housing
in the community.
Mr. Hagen will be present Monday night to explain the unit more fully.
He will have delivered a letter explaining the addition and literature
on it to the abutting neighbors.
•
The Planning Staff would recommend your acceptance of the introduction
of this unit to the 3rd and 4th Additions. •
CE:ss
•
MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
TIIRU: Carl Jullic, City Manager •
FROM: Bob Lambert, Director of Community Services
714: -
DATE: May 12, 1981
SUBJECT: Swedlund Property Appraisals
In April, the City Council authorized staff to obtain two appraisals of the
Len Swedlund property at 9000 Riley Lake Road.
The City has a one year old appraisal at $325,000 and the property was on the
market.for $595,000. Due to this vast difference in perceived value of this
property, staff requested two appraisals hoping that two appraisals done at
the same time would be fairly close in value and establish a good basis for
making an offer on this property.
After discussions with Mr. and Mrs Behlmer, realtors for the property, staff
indicated that after seeking an appraisal of the property, staff would attempt
{ to negotiate an option that would hold the property at a price certain while
the City applied for LAWCON and State Natural Resource funding assistance.
Unfortunately, the two appraisals only served to prove the point that placing
a value on any property is a very subjective decision. Mr. Brad Bjorklund, Capital
Appraisals, Inc., has apprasied this property of having a market value of $380,000.
Mr. Cloward Laurence, Howard Lawrence Appraisals, Inc., has appraised this property
as having a market value of $500,000.
City staff questioned Mr. Lawrence on his comparable sales noting that seven of
the fifteen comparables were on Lake Minnetonka, a lake with development, shopping
center, etc. not really comparable to Riley Lake in Eden Prairie. Mr. Lawrence agreed .
that Lake Minnetonka property is more valuable than Riley Lake property, but those
were the most recent sales on lake property in the general area.
•
The staff would again remind the Commission and Council that although the City
is applying for LAWCON grants, due to the recent Federal action regarding LAWCON
grants, the City should not anticipate receiving Federal assistance in 1982.
There appears to be a fair chance of receiving State assistance, which would he
limited to 50% of the project to a maximum funding level of $200,000 per project.
This project would have to be ranked extremely high to get State funding because
of the limited funds :and the number of applications.
City staff requests authorization to negotiate an option on the property that
would hold the property at a fixed price until January of 1982. Further, staff
( would recommend that this option would guarantee selling the property to the City
for a price not to exceed $400,000 and would allow the Swedlund's to live on the
property rent free for five years (Swedlund to pity all utilities and minor repairs
to the structure).
Staff would also recommend price for the option at $5,000, this price to he subtracted
from the purchase price if the City completes the option and purchases the property.
//02
Staff. has also attached a letter from William I. Kampf, attorney for Leonard and
Joan Swedlund, in their Chapter 11 proceedings. Mr. Kampf is requesting the
City to make an offer on the property or to publicly state the City will not
be purchasing the property for park use, as Mr. Kampf feels that public discussion
of possible park acquisition makes the property unmarketable.
BL:md
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r06)y
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MEMORANDUM
TO: Mayor and City Council .
Parks, Recreation and Natural Resources Commission
• THRU: Carl Jullie, City Manager
• FROM: Bob Lambert, Director of Community Services ,
•
DATE: May 14, 1981
SUBJECT: Earl and Helen More Home Acquisition
On May 5, 1981, the Eden Prairie City Council authorized staff to
negotiate with Earl and Helen More for the acquisition of their
property at 8107 Eden Prairie Road for the purpose of a historical
site.
On May 12, 1981, Community Services Director Lambert negotiated the
acquisition of their home under the following terms:
- Selling Price $140,000
$15,000 June 1981
$40,000 plus interest payable
Jan. 1982
$21,250 plus interest payable
Jan. 1983
$21,250 plus interest payable
Jan. 1984
$21,50 plus interest payable
Jan. 1985
$21,250 plus interest payable
Jan. 1986
- Seller agreed to pay the first half taxes, the City will pay the
last half taxes for 1981.
- City pays all future specials (no specials exist as of this date).
- City pays for all major improvement to the property defined as
follows:
new roof if needed
new well or septic system if needed (water and sewer hookup)
new furnance if needed
•
- Seller retains the right to live on the property free of rent for as
long as Mr. or Mrs. More reside at the home.
- Seller must pay all utilities and repairs to the home not listed
• here during their residence. •
-2-
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- Seller is responsible for insurance and security of all building
contents.
- City is responsible for fire, wind, etc. insurance on the
structure as well as liability insurance on the property.
At this time, City staff requests the City Council to authorize purchase
of the Earl and Helen More home for a City historical site for the price
of $140,000 contingent upon the terms listed above.
•
BL:md
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MEMORANDUM
CTo: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Services^'>
DATE: May 12, 1981
SUBJECT: Red Rock Park Acquisition
On May 8, 1981, Roger Pauly, City Attorney, and I met with Mr. and Mrs. Virgil
Seifert to negotiate acquistion of 15.12 acres of their property adjacent to
Mitchell Road for park purposes.
At that meeting, the following terms were agreed to: The City would pay $97,757.18
as the purchase price. The Seifert's would pay the existing back taxes of $2,757,18. 7
• The City would also pay the remaining special assessments totaling $4,013.71.
The total cost of the park for the City $99,013.71.
The City agreeed to pay 55% down ($53;766.45) with the balance due the first week
of January 1982.
At the June 1, 1981 of the Parks, Recreation and Natural Resources Commission staff
will present a concept development plan for Red Rock Park. Staff will send out
( information to residents within the neighborhood indicating the concept plan and
requesting input at the June 1 meeting. Staff would then hope to get final approval
of the plan at the June 16 Council meeting and hope for grading and seeding in late
August or early September. -
City staff requests the Council to authorize the acquisition of the Virgil Seifert
property to serve as the neighborhood park for the Red Rock area, for the price
and terms listed above.
BL:md •
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MEMORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager AA,,
FROM: Bob Lambert, Director of Community Services�iy�—
•
DATE: May 14, 1981
•
SUBJECT: Request Authority to Advertise for Bids for Middle School
and Creekwood Tennis Courts
As part of the 1979 Park Bond Referendum, the City committed to constructing
two tennis courts at the Creekwood Park site as well as two tennis courts
at the Middle School site. Eden Prairie School District 272 has determined
that in order to provide a sufficient number of tennis courts to accommodate
the physical education class an additional four courts should be constructed
at the Middle School, for a total of six courts at that site-. The School
District Board has approved $40,000 for this expenditure. Estimated cost
for the six courts is $65,000. The estimat
ed cost
for the two tennis courts •
at Creekwood is $25,000. The City portion of these construction projects
r is included in the Capital Improvement Program for these sites.
At this time, City staff requests authority to advertise for bids for
construction of the six tennis courts and the Middle School and two tennis
courts at Creekwood Park and to advertise for these projects on May 18 and
25, 1981. The City would receive bids on June 11 at 2:00 p.m. at Eden Prairie
City Hall, to be reviewed by the City Council on June 16, 1981.
The completion date for these projects is September 2, 1981.
BBL:md
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I040
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 81-97
( RESOLUTION ACCEPTING BID.
WHEREAS, pursuant to an advertisement for bids for the following
improvements:
I.C. 51-385
Lake Idlewild Drainage Improvements/Outlet
bids were received, opened and tabulated according to law. Those bids received are
shown on the attached Summary of Bids;and
WHEREAS,the City Engineer recommends award of contract to
Sandmark Construction, Inc.
as the lowest responsible bidder.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as
follows:
The Mayor and City Manager are hereby authorized and directed to enter
into a contract with Sandmark Construction, Inc.
in the name of the City of Eden Prairie in the amount of $18,775.65
in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on May 19, 1981
Wolfgang H.Penzel,Mayor
ATTEST:
SEAL:
John D.Frane,Clerk
►0°19
•
May 14, 1981
• Carl Jullie, P.E.
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
RE: BIDS ON IMPROVEMENT PROJECT 51-385
DRAINAGE IMPROVEMENTS/OUTLET
LAKE IDLEWILD
RCM FILE NO. 801012
Dear Mr. Jullie:
ET-Nili Bids for the above project were taken on Thursday, May 14, 1981
at 10:00 A.M. The low bid for the
project
was
submitted
by
bids
rieke Sandmark Construction Company. summary of
the carrell is attached.
uller
aaoeiatesine The low bid of $18,775.65 is considerably below the engineer's
architects construction cost estimate of $28,000. Competitive bidding
engineers
landsurveyora appears to be the reason for this difference.
plannerS
Although the low bidding contractor has not previously done work
for the City of Eden Prairie, they have worked in several
metropolitan communities and were recommended by staff of the
City of Edina and the City of Mendota Heights. We therefore
recommend awarding the project to Sandmark Construction Company.
Very truly yours,
Nancy J. euer
RIEKE CARROLL MULLER•ASSOCIATES, INC.
NJH:ca
Attachment t ,
•
loll Iasi street south
post(Alice box 130 •
hop&nS.nunnosota 55343
612.935 6901 1100
SUMMARY OF BI0S
I.C. 51- 385
•
DESCRIPTION: Lake Idlewild Drainage Improvements/Outlet
BIDS OPENED: May 14, 1981 10:00 A.M.
CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc.
CHECKED BY:
BID
BIDDER SECURITY TOTAL AMOUNT
Sandmark Construction, Inc. 5% $18,775.65
0 & P Contracting, Inc. 5% 21,812.60
F. F. Jedlicki, Inc. 5% 22,752.00
8rown & Cris, Inc. 5% 23,640.65
Ideal Enterprises, Inc. 5% 25,773.50
Northdale Construction Co. 5% 26,272.25
Parrott Construction, Inc. 5% 26,516.70
G. L. Contracting, Inc. 5% 27,925.00
Julian Johnson Const. Co. 5% 28,556.00
Mennen Construction Co. 5% 28,809.00
Nodland Associates, Inc. 5% 28,977.00
Richard Knutson, Inc. 5% 30,460.00
Hayes Construction Co. 5% 35,697.00
The undersigned recommend award of Contract to
Sandmark Construction, Inc.
as the lowest responsible bidder for this Improvement Contract.
ons ting Engine Carl J. Jullie, P.E.
Director of Public Works/City Engr.
►Iol
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 81-98
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following
improvements:
I.C. 51-344C
West 70th Street - Sanitary Sewer, Storm Sewer, Watermain
and Street Improvements.
bids were received,opened and tabulated according to law. Those bids received are
shown on the attached Summary of Bids;and
WHEREAS,the City Engineer recommends award of contract to
Northdale Construction Co.
as the lowest responsible bidder.
NOW,THEREFORE,BE IT RESOLVED by the Eden Prairie City Council as
follows:
The Mayor and City Manager are hereby authorized and directed to enter
into a contract with Northdale Construction Co.
in the name of the City of Eden Prairie in the amount of $318,001.00
in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on May 19, 1981
Wolfgang H. Penzcl,Mayor
ATTEST:
• SEAL:
John D.Frane,Clerk
110
•
May 14, 1981
Carl Jullie, P.E.
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
•
RE: BIDS ON IMPROVEMENT CONTRACT 51-344C
SANITARY SEWER, STORM SEWER, WATERMAIN AND
STREET IMPROVEMENTS
WEST 70TH STREET
RCM FILE 801015
Dear Mr. Jullie:
Bids on the above project were taken on Thursday, May I4, 1981
�� at 10:00 A.M. The low bid for the project was submitted by
Northdale Construction Company. A summary of the thirteen bids
is attached.
rieke
canon
mer The low bid of $318,001.00 compares quite favorably to the
t ,.ociatesinc estimated construction cost of $400,000. The difference appears
emhileds to be due to market conditions at the present time rather than
engineers any specific discrepancy in unit prices.
land surveyors
planners
The tow bidder is a reputable contractor and has previously done
work ir. Eden Prairie. Therefore we recommend awarding the project
to Northdale Construction Company.
Sincerely,
Nancy J. euer
RIEKE CARROLL MULLER ASSOCIATES, INC.
NJH:ca
Attachment
loll lust street south [';;"_.....
• post office box 130
hopkms,mtnnesota 55343
612.935.6901 2 110
l/ e I:,
•
SUMMARY OF BIOS
I.C. 51- 344C
OESCRIPTION: West 70th Street Improvements
BIOS OPENEO: May 14, 1981 10:00 A.M.
CONSULTING ENGINEER: Rieke Carroll Muller Associates, Inc.
CHECKED BY: •
BI0
BIOOER SECURITY TOTAL AMOUAT
Northdale Construction Co. 5% $318,001.00
Brown & Cris, Inc. 5% 330,193.80
Minn-Kota Excavating, Inc. 5% 347,377.00
Nodland Associates, Inc. 5% 352,57I.00
i
M. G. Astleford Co., Inc. 5% 356,025.50
Crossings, Inc. 5% 357,345.00
G. L. Contracting, Inc. 5% 370,995.65
Axel Newman Heating & Plumbing 5% 374,029.00 *
Richard Knutson, Inc. 5Z 383,246.80
F. F. Jedlicki, Inc. 5% 390,630.50
Progressive Contractors, Inc. 5% 393,507.15
Mennen Construction Co. 5% 399,576.50
Parrott Construction, Inc. 5% 406,831.90
*Corrected total.
The undersigned recommend award of Contract to
Northdale Construction Co.
as the lowest responsible bidder for this Improvement Contract.
Consu ing Enginee Carl J. Jullie, P.E.
Director of Public Works/City Engr.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-99
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvements:
I.C. 51-341-B - Anderson Lakes Parkway Signal
bids were received, opened and tabulated according to law. Those bids received
are shown on the attached Summary of Bids; and,
WHEREAS, the City Engineer recommends award of contract to:
Egan-McKay, Electrical Contractors, Incorporated
as the lowest responsible bidder. �.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and.City Manager are hereby authorized and directed to enter into a
contract with Egan-McKay, Electrical Contractors, Incorporated in the name
of the City of Eden Prairie in the amount of $27,400 in accordance with the
plans and specifications thereof approved by the Council and on file in the
office of the City Engineer.
ADOPTED by the Eden Prairie City Council on May I9, 1981.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, Clerk
( SEAL:
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1104
BED ®
MIN1EAPOLIS CHEYENNE DENVER
•
May 15, 1981
Carl Jullie
City Administrator
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Re: Construction Bids
Improvement Contract 51-341-B
Anderson Lakes Parkway Signal
Dear Mr. Jullie:
Bids were received and opened at 10:00 a.m. on Thursday, May 14th, 1981,
on the above referenced project. The bids were as follows:
Bidder Bid
Egan-McKay $ 27,400
Hoffmann Electric $ 29,000
Batzli $ 29,394
It is recommended that the Council award Improvement Contract 51-341-B to
Egan-McKay Electrical Contractors, Incorporated, in the amount of $27,400.
Egan-McKay is a reputable contractor capable of performing the work
specified and their bid was within the scope of the Engineer's estimate.
Sincerely,
•
BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC.
Gary J Erickson, P.E.
GJE/dh
•
File: 21-8016
GAINER.PiNGROSE,WOLSFELD.JARVIS.GARDNER,INC_ 2826 UNIVERSITY AVE.S E. MINNEAPOIIS.MN 55414 PHONE 61219620/6
rirn
May 19, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R81-100
RESOLUTION RECEIVING REPORT, ORDERING
IMPROVEMENTS AND PREPARATION OF PLANS
AND SPECIFICATIONS FOR IMPROVEMENTS
IN VALLEY PLACE OFFICE PARK, I.C. 51-409
BE IT RESOLVED by the Eden Prairie City Council:
1. The owners of 100% of the real property abutting upon and ,
to be benefitted from the proposed improvements for Valley
Place Office Park, I.C. 51-409; have petitioned the City
Council to construct said improvements and to assess the
costs against their property (Resolution R81-73).
2. The City Engineer, with the assistance of RCM, Assoc.,
has prepared a feasibility report covering said improvements
and has presented same to the City Council recommending the
improvements. to be made.
3. Pursuant to M.S.A. 429.D31, Subd. 3, and upon recommendation
of the City Engineer, said improvements are hereby ordered and
the City Engineer, with the assistance of Rieke CArroll Muller
Assoc., Inc., shall prepare plans and specifications for said
( improvements in accordance with City standards and advertise
for bids thereon.
4. Pursuant to M.S.A. 429.031, Subd. 3., the City Clerk is hereby
directed to publish a copy of this resolution once in the of-
ficial newspaper, and further a contract for construction of
said improvements shall not be approved by the City Council
prior to 30 days following publication of this resolution
in the City's official newspaper.
ADOPTED by the City Council of the City Council on'
Wolfgang H. Penzel, Mayor
ATTEST SEAL
( John D. Frane, Clerk
//06
TO: Mayor and Council
FROM: John Frane
DATE: May 15, 1911
RE: Insurance
Proposals for insurance were opened Thursday May 14, 1911. A
summary of the proposals is as follows:
League New
M. E. Lane Trust Horizon
Robbery 214 91
Employee Bonds 633 see below
Contractors and Radio Equip. 1227 1643
Warkmans Compensation 73963 69156
General Liability 12113 9516
Liquor Liability 6342 see below
killings 412I 6875
Auto 1641! 14376
Miler and Machinery 1133 see Delow
Sur Total 116315 112436
Estimated Discount% 31.7% 25%
Discount 36169 2561!
79436 76127
Liquor Liability see above 737!
Boiler & Machinery 4, 1133
Employees Bonds " 633
Net Cost 79436 15972
Public Officials 2446 2446
Umbrella 7211 7211 3811
The council could award the basic coverage to the M. E. Lane Agency
which is using the Home Indemnity Insurance Co. in the amount of $79,436;
the Public Officials coverage to the M. E. Lane Agency using the Midland
Insurance Co. for $2446. The umbrella policy could be awarded to the New
Horizon Agency using the ell Republic Insurance Co. for $3DN
1
1101
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
May 19, 1981
CONTRACTOR (1 & 2 Family)
Gorco Construction
Lundgren Bros Construction
Minnesota Custom Decks Remodeling Co.
Sunburst Homes, Inc.
PLUMBING
Genz-Ryan Plumbing & Heating Co.
Hoff Plumbing
Hohlen Bros. Plumbing & Heating .
Shore Plumbing & Heating
Zachman Plumbing & Heating
HEATING & VENTILATING
Daleiden Plumbing & Heating, Inc.
Zachman Plumbing & Heating
GAS FITTER
Daleiden Plumbing & Heating, Inc.
SEPTIC SYSTEMS
Plumbing Services Co.
Rybak Digging & Trenching Service
VENDING MACHINES
American Aviation
Coco Cola Bottling Co.
TEMPDRARY BEER LICENSE
•
Lion's Club - Schooner Days
PRIVATE KENNEL LICENSE
E. J. Renier - Public Safety Report Attached
Daniel Rosen - Letter to Mayor from Mrs. Rosen Attached
Information requested by Council of all Private Kennel licenses attached.
These licenses have been approved by the department head responsible
,f r the`'l icensed activity.
at oTie, Licensing Clerk
��QO
•
DATE: 2/6/81
TO: Becki Warner
FROM: CSO Pauline Olson
SUBJECT: Follow up to Kennel Investigation on 13895 Holly Road .
Since Mr. Renier's kennel application last year, the Police
Department has had one contact with Mr. Renier regarding his
dogs. The incident regarded one of Mr. Renier's dogs leaving
his property and stopping on his neighbor's lawn. On the front
steps of his neighbor's home the dog bit the neighbor's child.
I have driven by the Renier's home on different occassions and
have not seen the dogs, nor.have I heard them barking.
•
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i .�
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•
MEMORANDUM
TO: Mayor and City Council
THROUGH: Carl Jullie, City Manager
FROM: Roger A. Pauly, City Attorney
DATE: May 12, 1981
At the last meeting of the Council a question was raised as
to whether applicable ordinances impose any minimum lot area require-
ment for issuance of a private kennel license for the keeping of dogs.
Ordinance No. 134 which provides for the licensing of kennels provides
at Section 15C that no "private kennel be established or maintained in
any residential area where the minimum required lot area per dwelling
( unit is less than one acre."
I am advised by the Planning Department that the premises
identified as 10266 Laurel Drive is located in Prairie East Addition.
That area is zoned R-1 13500.
fdd
•
•
TO: Mayor and Council
FROM: John Frane
DATE: May 7, 1981
Re: Private Kennel Licenses
The following locations have private kennels.
Address Acres Animals
7041 Alpine Trail .50 3
6982 Alpine Trail .75 3
14301 Crown Drive .67 3
6285 Duck Lake Road 4.60 18
13895 Holly Road .50 3
9450 Lakeland Terrace 1.78 3
15749 Lake Shore Drive 1.72 3 ff
The minimum area by Ordinance 134 is one acre. The ordinance
also allows the City to set other conditions of the license.
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