HomeMy WebLinkAboutCity Council - 07/07/1981 JOHN D. FRANE
EDEN PRAIRIE CITY COUNCIL
( TUrSDAY, JULY 7, 1981 7:30 PM, CITY HALL
COUNCIL MEMBERS: / —/ Mayor Wolfgang H. Penzel, George Bentley, Dean
y0. e . Edstrom, Paul Redpath and George Tangen
COUNCIL STAFF: f City Manager Carl Jullie; City Attorney Roger
"P, Pauly; Finance Director John Frane; Planning 1.
YJ y~~ Director Chris Enger; Director of Community
Services Bob Lambert; Gene Dietz, City Engineer,
and Karen Michael, Recording Secretary
INVOCATION: Mayer Wolfgang H. Penzel x
PLEDGE OF ALLEGIANCE 4.
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ROLL CALL
I. - PRESENTATION OF CHECK BY THE EDEN PRAIRIE LION'S CLUB AS LAST PAYMENT
ON THE POLICE RESERVE VEHICLE
II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
III. MINUTES •
A. Minutes of the Board of Review from meetings held May 26, 1981 and Page 1352
June 15, 1981
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B. Minutes of the City Council meeting held Tuesday, June 16, 1981 Page 1355
IV. CONSENT CALENDAR
A. Clerk's License List Page 1362
B. Approve advertisement for bids for development of Red Rock Park Page 1363
& Staring Lake Park
C. Approve advertisement for bids for Round Lake Park Playground Page 1364
Structures
O. Approve advertisement for bids for Round Lake irrigation system Page 1365
E. Resolution approving Quit Claim Deed to Hennepin County for right-of- Page 1366
way purposes along CSAH 4 adjacent to Round Lake Park (Resolution 1
No. 81-128)
F. Approve specifications and authorize bids to be received on July Page 1370
30, 1981 at 10:00 AM, for 1981 Water meter purchases, I.C. 52-003
(Resolution No. 81-129)
G. Approve specifications and authorize bids to be received on July Page 1372
30, 1981 at 10:00 AM for 1981 Seal Coat project, I.C. 52-002
(Resolution No. 81-130T—
H. 2nd Reading of Ordinance No. 81-09, rezoning 1.1 acres from Rural to Page 1376
Com.-Reg.-Service for Hardee's Restaurant by North Central Food Systems,
Inc. and developer's agreement
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City Council Agenda - 2 - Tues.,July 7, 1981. '
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I. Policy on public use of City facilities P`dge 1389
• J. Set Puhlic Hearing for use of Federal Revenue Shoring Funds for Page 1390
`. luesdayL_iiugust4, 1581
V. PUBLIC HEARINGS 4
A. Request. for Municipal Industrial De_vclppment Bonds in the amount of • Page 1391 i
k34O,OOO.00 for_Frana & Sans—(Resolution No. 81-122
8. Request for Municl Industrial Pevelopment Bonds in the amount of Page 1404
$2,30O,OOO.O0 for Valley_Place Office Associates Resolution No.
81-323j ,, ,
C. Lake Trail Estates Rezoning by Swenson & Schwartz. Request to rezone Page 1417
lots 1 & 2, block 1 and lots 5 di 6, block 2 from R1-13.5 to RM 6.5
for duplexes. Located along Carnelian Lane t. north of TH 5
(Oraioa'ice No, 81-10)
D. Street and Utility Improvements on Sunny_hrook R:•nd between Homeward Page 1431
ilr Fn.%! e,nd Olyr1ic Hills 6th Ada'itio__7C. 61-3RlTResolutc5n
Wo. 81-126T --- --
VI, i'AW(!!r OF CLA.i14S NOS. 7089 - 7407 Page 1435
VII. RE.N-,:i'S OF ACViSF;RY COMMISSIONS
A. Pl nninj rcr.ission .• cousunication regarding unauthorized site work Page 144�.
at City' West "by API
VIII. PETITITNS,PC0 UESTS & CO!1 UNIC,4TIONS
A. Fairway VC6ds 3 Plat by Laukka & Associates. Request to preliminary Page 144•i
plat 15 acres zoned Nil 2.5 for 120 condominiums located northwest •f
existing Fairway Woods, and ?pproval of developer's agreement for
revised POD (Resolution No. 81-124)
B. Thorn Creek Plat by Meat Cutters Pension Fund. Request to Page 1462
preliminary plat. 3 lets on 61 acres for commercial and office uses.
Located east and adjacent to US 169-212 and north of Valley View
Road (Resolution No. 81-125)
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IX. ORDINANCES P RESOLUTIONS
A. 2nd Reading of Ordinance No. 81-35, authorizing the declaration of a State Page 14
gf_water emezg ncy. during which time the use of crater shall be
regulated, and prescribing a penalty'
X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Attorney
C. Re r,rt_of_City Manager
1. Status r port on Puhlic Safety Building and Maintenance Page 1474
Facilities
City Council Agenda - 3 - Tues.,July 7, 1981
D. Report of Director of Community Services
' . Change Orders for Community Center Page 1475
Request from HAEP (Hockey Association of Eden Prairie) Page 1479
3. Tax Forfeited Lands Page 1481
E. Report of City Engineer .
1. Receive petition and authorize plans and specifications for Page 1486
Eden Road between TH 169 and Eden Glen Road, I.C. 52-005
(Resolution No. 81-116)
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2: Final plat approval for Eden Glen (Resolution No. 81-127) Page 1487
F. Report of Finance Director
1. Presentation of 1980 Audit Report by Fox, McCue & Murphy Page 1490
XI. NEW BUSINESS
XII. ADJOURNMENT.
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CITY OFFICES/8950 EDEN PRAIRIE ROAD/EDEN PRAIRIE,MINNESOTA 55344/TELEPHONE 1612)937.2262 41N ,1
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1981 BOARD OF REVIEW
Tuesday, May 26, 1981
Board Members: Pres. of the Board, Mayor Wolfgang Penzel; Dean Edstrom,
Paul Redpath, George Bentley, George Tangen
Council Staff: City Mgr. Carl Jullie, City Assessor Robert Martz,
Deputy Assessor Steve Sinell, Lorna Thomas, Appraiser; Thomas O'Brien,
Appraiser
Hennepin County Staff: Robert W. Martin; Asst. Henn. Cty. Assessor
The Board of Review was called to order at 7:30 P.M. by Board Pres.
Wolfgang Penzel. Concerned taxpayers appearing and the dispositions
made were as follows:
' TAXPAYER NAME DISPOSITION
1. Mr. Robert Gardner Values sustained
( 2. John Waters Values sustained '
3. Ron Youngren Value reduced to $96000
4. Gretchen Salyards Reviewed - No reduction
5. Leland Kottke Value sustained
6. Edward Murnane Review valuation
7. Hakon Torjessen Review valuation
8. Douglas Page Wanted to discuss with Assessor
9. Warren Gerecke - Did not appear
10. Alfred Henderson Value sustained i
11. Bruce Brill Staff review - value reduced
12. Fred Holasek Staff review - value reduced
13. Donald Sorenson Staff review - value reduced 1
14. Jim Perkins Staff review - value reduced
15. Edward Finke Staff review - value reduced • 1
16. Gedney Tutle Staff review - value reduced ;
17. Dr. Burnham Staff review - value reduced 1
18. James McNeil Staff review - value reduced
19. Dr. Molde Staff review - value reduced
20. Howard Knudsen Staff review - value reduced
21. Dr. Waldemar Cruz Staff review - value reduced
22. Dr. George Tangen Staff review - value reduced 4
23. Mrs. Otis Staff review - value reduced
24. George Welsh Staff review - value reduced F
25. Joe Gardner Staff review - value reduced
26. Joel Harding Staff review - value reduced !1
( 27. John Wilkie • Staff review - value reduced
28. Haynar Larson Staff review - value reduced
29. Richard Bertelson Staff review - value reduced
30. Jo Ann Irvine Staff review - value reduced
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TAXPAYER NAME DISPOSITION
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{ 31. McDonalds Restaurant Letter
32. Antje K. Simunac Value reviewed - no reduction
33. Richard Rovang Value reviewed - no reduction
34. Mrs. Haynes Satisfied with value
35. Robert Gibson • Letter - No reduction
36. Bob Kamphoff IMP reduction
37. Mike Eames Will contact sometime
3B. Bob Dunbar Value reviewed - reduction
39. Terry Douglas Commercial to Farm i:-
40. Raymond Freeburg Value reviewed - reduction
Board of Review recessed at 11:20 P.M. to reconvene at 7:30, June 15, 1981.
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RECONVENE 1981 BOARD OF REVIEW
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MONDAY, JUNE 15, 1981
BOARD Or gEVIEW MEMBERS: Pres. of the Board, Mayor Wolfgang Penzel;
Dean Edstrom, Paul Redpath, George Bentley; George Tangen
COUNCIL STAFF: City Mgr. Carl Jullie, City Assessor Robert Martz,
Deputy Assessor Steve Sinell
HENNEPIN COUNTY STAFF: Robert W. Martin; Asst. Henn. Cty. Assessor
The reconvene of the Board of Review was called to order by Pres. •
Wolfgang Penzel at 7:30 P.M. Taxpayers appearing and the dispositions
made were as follows:
TAXPAYER NAME DISPOSITION
1. Douglas Page Value sustained
2. Edward L. Murnane Reduced to `5135,000
• 3. Dr. Waldemar F. Cruz Reduced to $190,000
4. John Wilkie Reduced to $6,600
5. Bruce Brill, Spokesman Reduced to $1,100
MOTION: President Wolfgang Penzel moved to adopt Resolution 81-105
accepting the 1981 Assessment with changes a.s noted, seconded by
Board Member Dean Edstrom. Motion carried unanimously.
( MOTION: President Wolfgang Penzel moved, seconded by Board
Member Paul Redpath, to adjourn the meeting at 9:00 P.M. Motion •
carried unanimously.
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UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 16, 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, City Engineer Gene Dietz, Finance Director
John D. Frane, Planning Director Chris Enger, Direc.
tor of Community Services Bob Lambert, Community
Center Manager Chuck Pappas, and Recording•Secretar.
• Karen Michael
INVOCATION: Councilman George Bentley
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was continued to a future meeting: V. A. Development Commission
- Preliminary Report on Development Costs (Chairman Tim Pierce).
The following item was added: VII. C. 3. NSP substation time extension.
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, JUNE 2, 1981
MOTION: Edstrom moved, seconded by Redpath, to approve the minutes of the
City Council meeting held Tuesday, June 2, 1981, as published. Motion carried
unanimously.
III. CONSENT CALENDAR
A. Set Public Hearing on July 7, 1981, to consider request for Municipal
Industrial Development Bonds for Frana & Sons in the amount of.$340,000.00
B. Clerk's License List
C. 4th Amendment to Anderson Lakes Park Acquisition Grant
D. Tax Forfeited Lands (Resolution No. 81-112)
E. Consider bids for Elevated Storage Reservoir and Watermain, 1.C. 51-354,
Contract No. 2 (Resolution No. 81-113)
F. Resolution receiving petition from Viking Press, Inc., and ordering pre-
aration of feasibility report for drainage improvements, I.C. 52-004
(Resolution No. 81-114) •
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City Council Minutes -2- June 16, 1981
G. Authorize Change Order No. 3, Valley View Road Improvements, I.C. 51-325 II
• H. Authorize Change Order No. 1, Water Plant Improvements, I.C. 51-354, Contract
No. 4
I. Authorize Change Order No. 1, Well Improvements, I.C. 51-354, Contract No. 1
J. Receive correspondence from the American Water Works Association expressing
congratulations to Ed Sorensen for an outstanding safety record for 1980
K. Resolution approving plans and specifications and authorize bids to be re-
ceived July 16, 1981, at 10:00 A.M. for Creekview Estates, I.C. 51-375
(Resolution No. 81-118)
L. 100% petition for Prairie East Park Playground Structure
M. Change Orders - Community Center
N. Change Order - Round Lake Park Shelter
0. Tennis Court Bids
P. Final approval for Municipal Industrial Development Bonds in the amount of
$350,000 for S & D Properties (Resolution No. 81-121)
Q. Approval of Eden Glen PUD Developer's Agreement
( Under item D. Tax Forfeited Lands, Edstrom questioned whether or not
it would be to the City's advantage to retain PIN #01-116-22-14-0002, •
After discussion the concensus was that it would not.
MOTION: Redpath moved, seconded by Bentley, to approve items A -0 on the
Consent Calendar. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and
Penzel voted "aye". Motion carried unanimously.
IV. PAYMENT OF CLAIMS NOS. 6842 - 7088
MOTION: Redpath moved, seconded by Tangen, to approve Payment of Claims Nos.
6842 - 7088. Roll call vote: Bentley, Edstrom (abstained on 6992), Redpath,
Tangen, and Penzel voted "aye". Motion carried unanimously.
V. REPORTS OF ADVISORY COMMISSIONS
A. Development Commission - Preliminary Report on Development Costs (Chairman
Tim Pierce)
MOTION: Edstrom moved, seconded by Bentley, to continue this item to a
future meeting. Motion carried unanimously.
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City Council Minutes -3- June 16, 1981
B. Slope Committee Recommendations
Planning Director Enger reviewed the history of the Committee. In Jan-
uary the Council instructed the City Attorney to draft a Slope Ordinance.
Subsequent to that, a Slope Committee was formed consisting of George
Bentley, William Beaman, Grant Sutliff, Jerry Kingrey, and Richard Ander-
son. Their recommendations were outlined in a memo of May 27, 1981. These
included 1) protection of significant natural slopes such as the Minnesota
River Bluffs; and 2) review of, protection, and sensitive modification
of slopes in general throughout the community as part of the development
of the community. They also addressed bluffs protection and what type of
review of slopes should be done prior to development. The Planning Commission
reviewed the suggestions on June 8, 1981, and recommended approval with one
addition. The members felt that the same philosophical approach as was sugges-
ted for the Bluffs protection could be utilized for other significant slopes
in the Community.
Director of Community Services Lambert stated the Parks, Recreation and
Natural Resources Commission considered these recommendations on June 1,
1981. Their comments are summarized in a June 11, 1981, memo. The general
feeling was that the criteria outlined should be more specific.
Edstrom hoped that lots five acres and under would not be upgraded under
the new ordinance. Enger explained that some of the parcels which are less
than five acres which were platted prior to the adoption of the Ordinance
in 1968 were grandfathered in which makes them buildable -- unless they do
not have access, which might mean they would not meet that portion of the
( Ordinance.
Bentley thought the bluff's area should be delineated on a map. Tangen
added that other areas of the City should be included. Penzel said a mao
similar to that showing floodplain areas might be used indicating slopes.
City Attorney Pauly added that if the Ordinance applies to all slopes then
everyone applying for a building permit will have to have a site plan and
a topographic survey.
John Shardlow, Howard Dahlgren Associates, shared Burnsville's experience --
they have just adopted an Environmental Overlay Ordinance which was patterned
after the Metropolitan Council's model ordinance. He will send copies of
the Ordinance to City Attorney Pauly and Planning Director Enger.
MOTION: Moved by Bentley, seconded by Edstrom, to accept the report of
the Slope Committee and direct the City Attorney to draft the necessary
amendments to Ordinances. Motion carried unanimously.
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. HARDEE'S RESTAURANT PLAT by North Central Food Systems, Inc. Request to
preliminary plat 1.1 acres of Eden Glen PUD. Located in southwest corner
of US 169/212 and Eden Road (Resolution No. 81-110)
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City Council Minutes -4- June 16, 1981
John Shardlow, Howard Dahlgren Associates, was present for questions.
( Planning Director Enger reported this item had been reviewed at the June
2, 1981, Planning Commission meeting. By a vote of 4-0 approval of the
preliminary plat was recommended subject to the recommendations included
in the Staff Report of June 2, 1981.
MDTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 81-110,
granting the preliminary plat request of Hardee's Restaurant. Motion
carried unanimously.
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Bentley - requested a report on the damage done by the June 14, 1981,
storm. City Manager Jullie reported that the tornado had touched down in
the northeast corner of the City in the vicinity of TH 169/Shady Oak
Road. Several buildings in the industrial area received substantial
damage. Construction trailers were overturned or tipped. Public Safety
estimates there was about $2,000,000.00 damage in the area. Jullie said
Public Safety is to be commended for a job well done.
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2. Penzel - expressed concern about the warning system used by the Weather
• ul�reau.
B. Report of City Attorney
Communications have been exchanged with the attorney for the Swedlunds
regarding the purchase of the Swedlund property for park purposes. Direc-
tor of Community Services Lambert stated that LAWCON funds will not be
available for 19B2 and therefore purchase of the park will not be feasible.
C. Report of City Manager
1. Authorization for City Attorney to enter Amicus Curiae brief on
behalf of the City of Eden Prairie regarding Fiscal Disparities
lawsuit
City Manager Jullie explained that the City of Shakopee has appealed
the legality of the Fiscal Disparities Law to the Minnesota Supreme
Court. They are asking the "loser" communities and others interested
in repeal of the law to enter the lawsuit supporting the City of Shako-
pee and to pay a share of the appeal costs.
MOTION: Redpath moved, seconded by Edstrom, to support the City of
Shakopee in their lawsuit and to appropriate $1,500.00 towards the
cost of the lawsuit. Roll call vote: Bentley., Edstrom, Redpath,
Tangen, and Penzel voted "aye". Motion carried unanimously.
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City Council Minutes -5- June 16, 1981
2. Resolution commenting on the March 1981 Scoping Report for CSAH 62
( (Crosstown Highway) (Resolution No. 81-111)
MOTION: Bentley moved, seconded by Tangen, to adopt Resolution
No. 81-111, commenting on the March 1981 Scoping Report for CSAH
62 (Crosstown). Motion carried unanimously.
3. NSP substation time extension
City Manager Jullie spoke to the request of June 8, 1981, by NSP
to extend for a year the conditions outlined in their developer's
agreement dated June 17, 1980. The Minnesota Department of Trans-
portation has denied NSP's application after all engineering for {
the proposed substation site was completed -- and to which the {{#
State had earlier concurred.
D. J. Chmiel, NSP Staff Assistant, spoke to the need for the extension.
Also present representing NSP was I.S. Higuchi.
MOTION: Redpath moved, seconded by Edstrom, to grant a one year
extension to NSP for the purpose of complying to the conditions
of their June 17, 1980, developer's agreement. Motion carried unan-
imously.
' D. Report of Director of Community Services
1. Proposed fees & charges - Community Center
Director of Community Services Lambert spoke to.his June 4, 1981,
memo which gave a summary of proposed fees, charges and priority
usage of the Community Center. Community Center Manager Pappas
was available to answer questions.
Pappas stated the preliminary revenue projections -- a very conser-
vative estimate -- are: $275,000 income and $340,000 - $350,000 in
expenses. Edstrom asked if this included debt service. It does not,
but it does include salaries.
Questions centered on comparative fees and charges; senior citizen �.
charges; charges for low income families; etc.
MOTION: Tangen moved, seconded by Bentley, to continue this item
to a future meeting. Motion carried unanimously.
E. Report of City Engineer
1. Receive petition and authorize plans and specifications for Eden
Road between TH 169 and Eden Glen Road, I.C. 52-05 (Resolution No.
81-116) (No action taken on Resolution No. 81-116)
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City Council Minutes -6- June 16, 1981
City Engineer Dietz called attention to the letter from Paul Anderson
which was received today. Also included is a petition which now means
there is a 100% petition. Dietz spoke to the questions raised in the
Anderson letter and felt that these could be worked out and/or readily
explained to the parties involved.
MOTION: Tangen moved, seconded by Edstrom, to receive the petition
and to authorize Staff to proceed with the plans and specifications
for the project with the contingencies to be resolved in the next
couple of weeks. Motion carried unanimously.
Calvin Anderson, 7214 Topview, expressed his concerns regarding the
project.
2. Resolution establishing "No Parking or Stopping" zone adjacent to
Flying Cloud Fields on CSAH 1 (Resolution No. 81-115)
MOTION: Moved by Redpath, seconded by Bentley, to adopt Resolution
No. 81-115, establishing "No Parking or Stopping" zone adjacent to
Flying Cloud Fields on CSAH 1. Motion carried unanimously.
3. Resolution appropriating Municipal State-Aid Funds for CSAH 4 and
Valley View Road Channelization Project (Resolution No. 81-117)
MOTION: Bentley moved, seconded by Penzel, to adopt Resolution No.
81-117, calling for appropriation of Municipal State Aid funds to
CSAH 4 and Valley View Road. Roll call vote: Bentley, Edstrom,
( Redpath, Tangen, and Penzel voted "aye", Motion carried unanimously.
MOTION: Tangen moved, seconded by Edstrom, to direct City Manager
Jullie to proceed with negotiations with Haakon Nyhammer regarding
his property on the southeast corner of Valley View and CSAH 4 and
to report back at the July 7, 1981, Council Meeting. Motion carried
unanimously.
4. Ordinance authorizing the declaration of water emergencies during
which time the use of water shall be regulated, and prescribing a
penalty (Ordinance No. 81-35)
MOTION: Moved by Redpath, seconded by Bentley, to give 1st Reading
to Ordinance No. 81-35, authorizing the declaration of water emergencies
during which time the use of water shall be regulated, and presicribing
a penalty. Motion carried unanimously.
5. Resolution authorizing condemnation proceedings for Valley View Road
right—of-way acquisition, I,C. 51-325, Phase II (Resolution No. 81-119)
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No, 81-119't
authorizing condemnation proceedings for Valley View Road right-of-way
acquisition, I. C. 51-325, Phase II. Motion carried unanimously.
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City Council Minutes -7- June 16, 1981
VIII. NEW BUSINESS
( There was none.
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IX. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at
9:13 p.m. Motion carried unanimously.
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CITY OF EDEN PRAIRIE
( CLERK'S LICENSE APPLICATION LIST •
July 7, 1981
CONTRACTOR (MULTI-FAMILY & COMM.)
Preneer Systems, Inc.
CONTRACTOR (1 & 2 FAMILY)
Azemove & Aust Construction, Inc.
Decks by Notch, Inc.
G & H Builders
Minnesota Package Products
Palmer Construction
Star Contractors
GAS FITTER
Comfort Heating
Master Heating & Cooling
HEATING & VENTILATING
Comfort Heating
H. Conrad Mfg. Co.
O'Keefe Mechanical, Inc.
Palmer Construction
Ryan Air Conditioning
PLUMBING
Palmer Construction
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VENDING MACHINES
Servomation Corporation
These licenses have been approved by the department heads responsible
for the li nsed activity.
Pat Solie, Licensing Clerk
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MEMORANDUM �-
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
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THRU: Carl Jullie, City Manager •
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FROM: Bob Lambert, Director of Community Services- F4
DATE: July 1, 1981
SUBJECT: Staring Lake and Red Rock Lake Park Grading Projects
Plans and specifications for Staring Lake Park and Red Rock Park have
been completed based on the approved concepts plans for these two parks.
The City has entered into a Contract for Deed on Red Rock Park with Virgil
Seifert and the City is completing torrens title proceedings on the Morley
property in Staring Lake Park.
Staff requests permission to advertise for the grading of these two parks
on July 16 and 23 and to receive bids on July 30, 1981 at 2.p.m.in the
Council Chambers.
Contracts for both parks will include only the grading plus the base for
the parking lots. City crews will then be responsible for seeding and
mulching, as well as asphalt application to each of the parking lots.
Grading and seeding is expected to be completed in the fall of 1981. The
remaining park development for these two parks will be completed in 1982.
Development funds for both of these projects was approved in the 1979 Park
Bond Referendum. Estimated cost for this project is approximately $80,000.
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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: July 2, 1981 •
SUBJECT: Bids for Playground Equipment at Round Lake Park
Earlier this year the Lions Club approved donating approximately
$15,000 for installation of playground equipment at Round Lake Park,
as well as a fishing pier in Round Lake. The fishing pier will be
installed in 1982. The playground structure estimated at approximately
$12,000 will be installed in 1981.
Staff requests permission to advertise and receive bids for this playground
equipment. Advertisement is scheduled for July 16 $ 23 with bids to be
received on July 30 at 9:00 a.m.
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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: July 2, 1981
SUBJECT: Irrigation System at Round Lake Park
Earlier this year the Parks, Recreation and Natural Resources Commission
and the City Council approved installation of an irrigation system at
• Round Lake Park in 1981. Plans and specifications have been completed
for this system and staff requests permission to advertise for this
project on July 16 and 23 and the receive bids on July 30, 1981 at
10:30 a.m. at the Eden Prairie City Council Chambers.
Estimated cost for this project is approximately $55,000 and is funded
from the 1979 Park Bond Referendum.
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-128
A RESOLUTION GRANTING EASEMENTS
TO HENNEPIN COUNTY ALONG COUNTY #4
WHEREAS, the City of Eden Prairie has requested Hennepin County
to improve Co. Rd. #4 in the area of Valley View Rd. and
WHEREAS, the Hennepin County Highway Dept. is now in the process
of designing and constructing such improvements, and
WHEREAS, the Hennepin County Highway Dept. Right-of-Way Division I'
finds it necessary to acquire permanent easements along the west side of
Co. Rd. #4 adjacent to the City owned Round Lake Park property for highway
and drainage purposes.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE:
That the Mayor and City Manager are hereby authorized to execute
the easement documents received from the County. of which a copy is attached
as Exhibit "A".
ADOPTED by the City Council on the 7th day of July, 1981.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
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John D. Frane, Clerk
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• 1 Cost Data:'`'. / D.
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11'1 WAY i
4'.r rn:' , nn. . —qL ., ..I,.i... .-.,.. ......
itbi5 3J htnturt, Blade this day of . , 19.......,..,
between The City pf Eden Prairie,....0,._Mi.,rine.$..Q.t.d..�1ur.1i..4 .p.a1...00.CpOrdtion .
'i aaa�'aR• Min• nesota a,• ofthefirst art,and
• �xthe�County ofrHennepin laws f a bo the dy of
and corporate pasty
p
Minnesota„
xxovr,Aao:i.on•.under the laws of the State of...._...............
party of the second part, . .
taitnt55rtb, That the said party of the first part, in consideration of the sum of
One dollar and other valuable consideration ($1.00) DOLL.IRS, i
to it in hand paid by the said party of the second part,the receipt whereof is hereby acknowledged,
does hereby Grant, Bargain, Quitclaim, and Conley unto the said party of the second part,ifs uueeasors
and assigns,Forever,all the tract or parcel. .of land lying and bring in the County of x •
Hennepin and'State of Minnesota,described as follows, to-wit: I
THE
/s,i • CAM
t ATTACHED A permanent easement for highway purposes over all that part of the following FART
IS A PART described tracts: 1,..� •
\ OF THIS / That part of the Northwest Quarter of the Southeast Quarter, lying
INSTRUM ENT North of the North line of the plat of Kirk Meadows and its extension •`_'"JH%
easterly, except that part thereof lying East of the centerline of
�-�
County Road No. 4, Section 8, Township 116, Range 22, Hennepin County,
Minnesota. '
• That part of the North 1/2 of Section 8, Township 116 North, Range 22
• West, Hennepin County, Minnesota, described as follows: Commencing at
the East quarter corner of said Section 8; thence on an assured bearing
of West along the South line of said Nortn 1/2 of Section 6 a distance
( of 1666.07 feet to the actual point of beginning of the tract to be des-
cribed, thence continuing on a bearing of West along said South line of l
the North 1/2 of Section 6 a distance of 2309.74 feet to the Southwest
corner of the Southeast 1/4 of the Northwest 1/4 of Section 8; thence �.
North 2 degrees 45' 21' West along the West line of said Southeast 1/4
of Northwest 1/4 of Section 8 a distance of 654.29 feet; thence South
55 degrees 37' 52" East 184.26 feet to a tangential curve concave to the
North having a radius of 560.0D feet a central angle of 54 degrees, 00'
00" and an arc length of 527.79 feet; thence Easterly along a reverse
curve concave to the South having a radius of 1010.00 feet a central
angle of 38 degrees 00' 0D" and an arc length of 669.86 feet to the West
line of the Northeast 1/4 of said Section 8; thence North 2 degrees 27
minutes 52 seconds West along said West line of the Northeast quarter of
Section 8 a distance of 507.55 feet; thence on a bearing of East parallel
with said South line of the North 1/2 of Section 6 a distance of 1243.83
feet to the West right of way line of C.S.A.H. No. 4 according to the
recorded plat thereof; thence South 3 degrees 9' 55" East along said West
• right of way line of C.S.A.H. No. 4 a distance of 00.15 feet; thence on i
a bearing of West parallel with said South line of the North 1/2 of Section
8 a distance of 250.00 feet; thence South 3 degrees 09' 55' East parallel
with said West right of way line of C.S.A.H. No. 4 a distance of 400.00 1
feet to the actual point of beginning.
That part of the Northeast Quarter of Section 8, Township 116 North,
Range 22 West. Hennepin County, Minnesota. described as follows:
Commencing at the East Quarter corner of said Section 8; thence on an
assumed bearing of West along the South line of said Northeast Quarter
1416.07 feet to a point on the Wait right of way line of C.S.A.H. No. .
'1 u w 4 according to the recorded plat thereof. said point being the actual
h,(A,6,/ A point of beginning of the Tract to be described; thence continuing West
on said South line of the Northeast Quarter 250.00 feet; thence North
i. ','`,, / e uF - 3 degrees 9 minutes 55 seconds West parallel with said West right of
way line of C.S.A.H. No. 4 a distance of 00.00 feet; thence on a bearing
of East parallel with said South line of the Northeast Quarter 250.00
feet to said West right of way line of C.S.A.H. No. 4; thence South 3
degrees 9 minutes 55 seconds East along said West right of way line of
C.S.A.H. No. 4 a distance of 400.00 feet to the actual point of beginning.
•
which lie easterly of the following described line:
i '''
Beginning at the point of intersection of the Northerly line of lot 1,
I.." ' Block 1. till lkadnws. acccr.ine to the duly recorded plat thereof.
That part of the North 1/2 of Section 8, Township 116 North, Range 22
West, Hennepin County, Minnesota, described as follows: Commencing at
• the East quarter corner of said Section 8; thence on an assumed bearing •
of West along the South line of said North 1/2 of Section 8 a distance
of 1666.07 feet to the actual point of beginning of the tract to be des-.
cribed; thence continuing on a bearing of West along said South line of
the North 1/2 of Section B a distance of 2309.74 feet to the Southwest
corner of the Southeast 1/4 of the Northwest 1/4 of Section 8; thence
North 2 degrees 45' 21" West along the West line of said Southeast 1/4
of Northwest 1/4 of Section B a distance of 654.29 feet; thence South •
55 degrees 37' 52" East 184.26 feet to a tangential curve concave to the
North having a radius of 560.00 feet a central angle of 54 degrees, 00'
00" and an arc length of 527.79 feet; thence Easterly along a reverse
curve concave to the South having a radius of 1010.00 feet a central
angle of 38 degrees 00' 00" and an arc length of 669.86 feet to the West
line of the Northeast 1/4 of said Section B; thence North 2 degrees 27
minutes 52 seconds West along said West line of the Northeast quarter of
Section 8 a distance of'507.55 feet; thence on a bearing of East parallel
with said South line of the North 1/2 of Section 8 a distance of 1243.83
feet to the West right of way line of C.S.A.H. No. 4 according to the
recorded plat thereof; thence South 3 degrees 9' 55" East along said West
right of way line of C.S.A.H. No. 4 a distance of 600.15 feet; thence on
a bearing of West parallel with said South line of the North 1/2 of Section
8 a distance of 250.00 feet; thence South 3 degrees 09' 55" East parallel
with said West right of way line of C.S.A.H. No. 4 a distance of 400.00
feet to the actual point of beginning.
That part of the Northeast Quarter of Section 8, Township 116 North,
Range 22 West, Hennepin County, Minnesota, described as follows:
Commencing at the East Quarter corner of said Section 8; thence on an
assumed bearing of West along the South line of said Northeast Quarter
1416.07 feet to a point on the West right of way line of C.S.A.H. No.
4 according to the recorded plat thereof, said point being the actual •
point of beginning of the Tract,to be described; thence continuing West
• on said South line of the h—"least Quarter 250.00 feet; thence North
• 3 degrees 9 minutes 55 seconcs'West parallel with said West right of
way line of C.S.A.H. No. 4 a distance of 400.00 feet; thence on a bearing
of East parallel with said South line of the Northeast Quarter 250.00
feet to said West right of way line of C.S.A.H. No. 4; thence South 3 '
degrees 9 minutes 55 seconds East along said West right of way line of
C.S.A.H. No. 4 a distance of 400.00 feet to the actual point of beginning. •
which lie easterly of the following described line:
Beginning at the point of intersection of the Northerly line of Lot 1,
Block 1, Kirk Meadows, according to the duly recorded plat thereof,
with a line drawn 50 feet westerly and parallel with the centerline of
County State Aid Highway No. 4, as shown in Hennepin County Highway Plat
No. 3 according to the duly recorded plat thereof; thence run northerly
along said parallel line for a distance of 1697 feet; thence deflect
1° 25' 56" right to the intersection with said centerline and there
terminating.
Also a permanent easement for drainage purposes over all that part of
the above described tracts which lies 12.5 feet on each side of the following
described line:
Commencing at the point of intersection of said centerline with
the South line of the Northeast Quarter of said Section 8; thence
run Northerly along said centerline for a distance of 564 feet to •
the point of beginning of the line to be described; thence deflect
90° left for a distance of 111 feet and there terminating.
Also a permanent easement for drainage purposes over all that part of the
above described tracts which lies 12.5 feet on each side of the following
r 6 1 A 6 described line:
•
Commencing at the point of intersection of said centerline with .
the North line of the Southeast Quarter of said Section 8; thence run
Pao e- "2 0 3 Southerly along said centerline for a distance of 727 feet to the
point of beginning of the line to be described; thence deflect 900
right for a distance of 89 feet and there terminating. i
• Also a permanent easement for drainage purposes over the northerly 10 feet of •
the following described tract:
That part of the South 10 rods of the East 10 rods of the Northwest •
1/4 of the Southeast 1/4 of Section 8, Township lif, Range 22, lying
East of County Road Nu-ter 4. /
July 7, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA •
RESOLUTION NO. 81-129
RESOLUTION APPROVING
SPECIFICATIONS AND ORDERItif
ADVERTISEMENT FOR BIDS (I.C. 52-003)
WHEREAS, the City Engineer has prepared specifications for the
following improvement, to wit,
I.C. 52-003, Water Meters and Horns
and has presented such specifications to the Council for approval:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE:
1. Such specifications, a copy of which is attached hereto and
made a part hereof, are hereby. approved.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
( advertisement for bids upon the making of such improvement
under such approved specifications. The advertisement
•
shall be published for 2 weeks, shall specify the work
to be done, shall state that bids will be opened at 10:00
o'clock A.M. on Thursday, July 30, 1981, and considered
by the Council at 7:30 o'clock P.M. on Tuesday, August 4,
1981, in the Council Chambers of the City Hall, and that
no bids will be considered unless sealed and filed with
the Clerk and accompanied by a cash deposit, cashier's
check, bid bond or certified check payable to the City for
5% (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
1810
•
•
•
•
SPECIFICATIONS FOR
WATER METERS & HORNS
1. Meters shall be of the type manufactured by Rockwell Mfg. Co. or Neptune
Water Meter Co. with sealed registers and remote outdoor registers, direct
reading in gallons.
• •
2. Meters to be bronze construction with cost iron bottoms.
3. Meters and parts shall be warranted against defects and wormanship as
follows:
•
• 10 years on sealed registers
5 years on outdoor remote registers
' 15 years on disc against distortion caused by freeze up '
1 year on parts and workmanship not covered above
4. Copper meter horns shall be Ford No.2 or approved equal, with union nuts,
gaskets and swivels. Swivels shall have 1" MIP inlet and 3/4" solder outlet.
( 5. Bidders shall include with their bid descriptive literature of the meters
and copper horns to be furnished and shall indicate on the proposal the
nearest location of parts, service and meter supply.
6. Twenty-five feet of connector cable shall be allotted per meter. The
connector cable shall be provided on one-thousand foot spools for cutting
to required length at time of installation. The cost of the cable shall
be incidental to the cost of the meters and no additional compensation
will be allowed.
7. Payment shall be made 30 days after receipt of each order of meters
requested at the unit price bid, F.O.B. Water Plant, Eden Prairie, Minn.
8. The City reserves the right to increase or decrease bid quantities by
is
25% without affecting the unit price.
•
( • .
13'7 I
July 7, 1981 '
/. CITY DF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-130
RESOLUTION APPROVING SPECIFICATIONS
AND ORDERING ADVERISEMENT FOR
BIDS (I.C. 52-002) SEAL COAT PROJECT
WHEREAS, the City Engineer has prepared specifications for the
following improvement, to wit,
I.C. 52-002 Bituminous Seal Coating
and has presented such specifications to the Council for approval:
NOW, THEREFORE, BE IT RESOLVED BY THE..CITY COUNCIL OF THE CITY ..
OF EDEN PRAIRIE:
1. Such specifications, a copy of which is attached hereto a.u.
• made a part hereof, are hereby approved. •i :; •
•
2. The City Clerk shall prepare and cause to be inserted in w ;.._
the official paper and in the Construction Bulletin a r ,.;. _.
advertisement for bids upon the making of such iwurov< .nc
under such approved specifications. The advertisement s"
shall be published for 2 weeks, shall specify the worK
to be done, shall state that bids will be opened at 10 :' '
o'clock A.M. on Thursday, July 30, 1981, and consider' 1
the Council at 7:30 o'clock P.M. on Tuesday, August 4,
1981, in the Council Chambers of the City Hall, and that
no bids will be considered unless sealed and filed with
the Clerk and accompanied by a cash deposit, cashier's
check, bid bond or certified check payable to the City
for 5% (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL •
John D. Frane, Clerk
/312.
•
SPECIFICATIONS FOR
•
BITUMINOUS SEAL COATING
I.C. 52-002
1. MN/DOT specs
All work shall conform to Minn. Dept of Transportation (MN/DOT) Standard,
Specs for Highway Construction, 1978 Edition, including MN/DOT Spec 2356
for bituminous seal coating, except as modified herein.
2. BITUMINOUS MATERIAL
The bituminous material shall be cationic emulsified asphalt, CRS-2,
applied at the rate of 0.25 gallons per square yard.
3. AGGREGATE .
The seal coat cover aggregate shall be FA-2 applied at the rate of 22
• pounds per square yard.
4. WDRK BY OTHERS
All necessary sweeping, repairs or reconditioning of the street surfaces' .
to be seal coated will be completed by City crews and will not be the
responsibility of the contractor. City crews will also sweep and
remove any surplus aggregate after the seal coating has been completed.
5. PROTECTION OF MANHOLES,& VALVES
Prior to seal coating, the contractor shall cover with building paper or
other suitable material, all amnhole and gate valve covers to protect them
from the bituminous oil. All such manhole and valve covers shall be
checked after the seal coating application and cleaned by the contractor
as necessary to assure easy opening.
6. LOCATION OF WORK
The seal coating work shall be completed on the following streets as
noted on the attached City map:
•
7. COMPLETION DATE
All work under this contract shall be completed by Sept. 15, 1981.
8. LIQUIDATED DAMAGES
One hundred dollars ($100.00) will be deducted from any money due the
Co;itractor for each and every calendar day that the work remains
uncompleted beyond the completion date.
-1-
9. REVISION OF QUANTITIES
•
The City reserves the right to increase or decreaset within a reasonable
limit, the quantities shown. The term "reasonable limit" shall mean
a 25 per cent increase or decrease in the quantities. In the event the
actual quantities differ more than the reasonable limit, an equitable
revision of the unit price shall be made when requested by either the j
• City or the Contractor.
10. PERFORMANCE BOND AND INSURANCE •
Prior to the start of any work, t'he contractor shall provide a performance
bond in the amount of the full contract price and certificates of insurance
for Workmens Comp., Employer's Liability ($100,000 each occurrence,.bodaly
injury and property damage $1,000,000 each occurrence).
11. WARRANTY
The contractor shall guarantee the quality and workmanship of the seal
coating work performed under the contract for a period of 1 year
following final completion and acceptance by the City.
•
-2- inu
I.C. 52-002
6-25-81
• PROPOSED 1981 SEAL COAT PROJECT •
STREET FROM TO MILES
Gordon Dr. Valley View Rd. Gerard Dr. 0.38
Gerard Dr. Valley View Rd. Gordon Dr. 0.71
Topview Rd. Gerard Dr. Gordon Dr. 0.41 _
Vina La. Gordon Dr. cul-de-sac O.D6
Ann Ct. Gerard Dr. ‘ cul-de-sac 0.07
.Theresa P1. ' Baker Rd. cul-de-sac 0.13
Charles Ave. Theresa P1. Rosemary Rd. 0.08
Mariann Dr. Rosemary Rd. cul-de-sac 0.15
Rosemary Rd. Holly Rd. cul-de-sac 0.41
James P1. Baker Rd. Rosemary Rd. 0.07
Holly Rd. Baker Rd. Canterbury La. 0.47
Charina Cross Kingston Dr. cul-de-sac 0.15
Stratford Rd. Canterbury La. Leesborough Ave. 0.15
W. 66th St. Leesborough Ave. Manchester La. 0.14
Leesborough Ave. Kingston Dr. Manchester La. 0.27
Manchester La. cul-de-sac cul-de-sac 0.26
Kingston Dr. Stratford Rd. Golf View Dr. 0.53 ,`
Canterbury La. Stratford Rd. Crown Dr. 0.46 I-
' Crown Dr. Canterbury La. Castle La. D.17
Castle La. Crown Dr. cul-de-sac 0.08
Golf View Dr. Valley View Rd. end 0.57
( Wedgeway Ct. Golf View Dr. cul-de-sac 0.10
Vale Ct. Golf View Dr. cul-de-sac 0..13
Forest Hill Rd. Golf View Dr. end 0.21
Green View Ct. Golf View Dr. cul-de-sac 0.10
Sundial Ct. Golf View Dr. cul-de-sac 0.10
Prairie View Dr. Baker Rd. end 0.30
Beach Rd. Co. Rd. 62 end 1.39
Beach Cir. Beach Rd. cul-de-sac 0.06
Edenvale Blvd. Valley View Rd. Woodhill Tr. 0.84
Martin Dr. St. Hwy. 5 Mitchell Rd. 0.71
Corporate Way Martin Dr. cul-de-sac 0.19
Commerce Way Martin Dr. cul-de-sac 0.15
TOTAL= 10.00 miles
•
jr5
•
Hardee's Restaurant
6/23/81
RAP
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
( Ordinance No. 81-09
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as
follows: The property situated in the County of Hennepin, State of
Minnesota, described as follows:
See Exhibit A attached hereto. '
shall be and hereby is .removed from the Rural District.
and shall be included hereafter in the C-Reg-Ser (Regicnal Service) District.
Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as
of _ , 1931, between North Central Fend Systems, Inc.,
(
a Minnesota corporation,,
and the City of 'Eden Prairie, which Agreement is hereby made a part
hereof and shall further.be subject to all of the ordinances, rules
and regulations of the City of Eden Prairie relating to the
C-Reg-Ser•(Regional Service) District.
Section 3. This ordinance shall become effective from and after
its passage and publication.
FIRST READ at a regular meeting of the City Council of the City
of Eden Prairie on the 2 day of June , 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
PUBLISHED in the Eden Prairie News on the _ day of , 1?' .
IR')t
.
•
LEGAL DESCRIPTION:
•
Those parts of Lots 18 and 19, "Auditor's Subdivision Number
335, Hennepin County, Minnesota, according to the recorded
plat thereof, described as 'follows:
Beginning at the intersection of the South line of Eden Road •
and the West line of State Trunk Highway No. 169; thence South
. 0 degrees, 22 minutes, 15 seconds West, assumed bearing, along
the west line of said State Trunk Highway No. 169 a distance
of 175 feet; thence South 89 degrees, 08 minutes, 35 seconds
West a distance of 290 feet; thence North 3 degrees East a
distance of 24.22 feet; thence northerly a distance of 122.04
feet along a tangential curve concave to the west, having a
radius of 281.25 feet; to the south line of Eden Road; thence
easterly along said south line to the point of beginning. •
•
•
FXHIRIT A
Hardee' �.i•' ..,.rei7;
6122/81
'. DEVELOPER'S AGREEMENT
•
( THIS AGREEMENT, made and entered into as of , 1981
by and between North Central Food Systems, Inc., a Minnesota corporation,
hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to. as "City'•,
•
• WITNESSETH: •
WHEREAS, Owner has applied to City to rezone from Rural to C-Reg-Ser
(Regional Service) District approximately 1 acre„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 plat and develop the property for construe-
c
tion thereon a building for use as a restaurant.
NOW THEREFORE, in consideration of the City adopting Ordinance No.
81-09, and Resolution 81-110, Owner covenants and agrees to construction
upon, development, and maintenance of the property as follows:
1. Owner shall plat and develop the property in conformance
with the material dated April 28, 1981 reviewed and approved
by the City Council on June 2, 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 set
forth in Exhibit C, attached hereto and made a part thereof. 3'
•
��a
Developer's l,gr _;rent-.;ardee's Restaurant page 2
• 3. Owner shall not permit operation of, or operatetithe
restaurant in the building to be constructed upon
the property until:
a. Eden Glen Road is hard surfaced from its inter-
section with Eden Road to its intersection with
US Highway 169 and including a left turn lane
to the property.
•
b. Eden Road is hard surfaced from the easterly •
intersection with US Highway 169 to its southerly
intersection with US Highway 169.
'4. Owner shall, prior to issuance of any building permit for
building upon the property, submit to the City for review,
and said plan shall be approved by City, a detailed landscaping
plan.
5. Owner shall screen all roof-top mechanical equipment.
6. Owner shall, concurrent with construction upon the property
construct the following:
•
a. 5 foot wide 4 inch thick concrete sidewalk within
the right-of-way and east of the driving surface
of Eden Glen Road commencing at the property's •
northwest corner extending southerly to the prop-
erty's southwest corner.
b. 5 foot wide 4 inch thick concrete sidewalk connec-
tions between:
1. The building to be constructed upon the
property and the sidewalk along Eden
Glen Road, described in small a. above.
2. The building to be constructed upon the
property and the sidewalk to be con-
structed along the southerly portion of
Eden Road adjacent to the property.
7. The final plat shall designate the street as Eden Glen Road on
Exhibit B by a different name approved by the City's Engineering
Department.
8. Except as specifically provided herein, the obligations of
Jesco, Inc., "Owner", to the extent that such obligations are
applicable to the property, arising out of and pursuant to
that certain Developer's Agreement by and between Jesco, Inc.
and City dated June 9, 1981 which is made a part hereof by
( reference, shall constitute obligations of owner hereunder.
'37
•
Developer's Agreement-Hardee's Restaurant page 3
•
IN WITNESS WHEREOF, the parties to this Agreement have caused
these presents to be executed as,of the day and year aforesaid.
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, a municipal corporation on
behalf of the corporation.
• Notary Public
OWI
Dave Guckenberg, Presiden
STATE OF MINNESOTA)
)•SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this yi'efr day of
6,,C• , 1981 by Dave Guckenberg, President of North Central Food
Systems Inc., a Minnesota corporation.
Notary Public
•nMMN,••n•e�.
�''a A'w4CULA. N.TIN
3 sr,: ,soTA
/80
. r:
LEGAL DESCRIPTION:
Those parts of Lots 18 and 19, "Auditor's Subdivision Number
335, Hennepin County, Minnesota, according to the recorded
plat thereof, described as follows:
Beginning at the intersection of the South line of Eden Road
and the West line of State Trunk Highway No. 169; thence South
.Q degrees, 22 minutes, 15 seconds West, assumed bearing, along
the west line of said State Trunk Highway No. 169 a distance
of 175 feet; thence South 89 degrees, 08 minutes, 35 seconds
West a distance of 290 feet; thence North 3 degrees East a
distance of 24.22 feet; thence northerly a distance of 122.04
feet along a tangential curve concave to the west, having a
radius of 281.25 feet; to the south line of Eden Road; thence
easterly along said south line to the point of beginning.
•
•
EXHIBIT A I331
•_,..
EXHIBIT B
( S.
4
A ' ,
1
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I .
•
I . .
1
1 .
3 . . . . ' i .
I '
I
1 . .
I ,
. ,
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(
Eden Prairie, Minnesota
prepared for:
•
1 by.North Central Food Systems. Inc.
•
Howard Dahlgren Associates, Inc.
i 1,312-
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1/EC
•
DEVELOPER ' S ' AGREEMENT
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EXHIBIT C
• 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
arrangements and size, minimum floor elevations on each lot, preliminary
alignment and grades for sanitary sewer, watermain and storm sewer,
100 year flood plain contours, ponding areas, tributary areas to catch
•
basins, arrows showing direction of storm water flow on all lots,
• location of walks, trails and any property to be deeced to the City.
II. Owner shall submit detailed construction and storm sewer
plans to the Riley-Purgatory 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.
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Page 2 of 5 Exhibit C
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V. A. All sanitary sewer, watermain and storm sewer facilities, concrete
curb, gutters, sidewalks and other public utilities ("improvements")
to by 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 sdid 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 constructior, of all improvements. As-built drawings
• with service and valve ties on reproduceable mylar shall be deliver-
• • ed to the City Engineer within 60 days of completion thereof to-
gether with a written statement from a registered engineer that all
improvements have been completed, inspected and tested in accordance •
with City-approved plans and specifications. Prior to final plat
approval, or issuance of any building permit, if no final plat is
required, Owner shall:
Submit a bond or letter of credit which guarantees com-
pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this subparagraph V. A., including but not limited
to, a guarantee against defects in materials or work-
manship for a period of two (2) years following com-
pletion and acceptance of the improvements by the City
Engineer. The amount of the bond or letter of credit
shall be 125% of the estimated construction cost of •
said 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 100% petition signed by all owners of the property, re-
questing the City to install the improvements. Upon approval by the
• City Council, the City may cause said improvements to be made and
special assessments for all costs for said improvements will be
levied on the property, except any property which is or shall be ded-
p;lge3of5 Exhibit C
icated to the public, over a five year period. Prior to the award
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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. fhe 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 ligFting (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 Deeds or Register of
Titles and supply the City with a copy of this Agreement with information
( as to Document Number and date and time of filing duly certified thereon
with 60 days f,om the date of this Agreement.
•
VIII. If Owner fails to proceed in accordance with this Agreement within 24
months of the date hereof and provide proof of filing in accordance
with item VII. hereof, Owner for itself, its successors, and assigns
shall not oppose rezoning of said property to Rural.
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Page 4 of 5 Exhibit C •
( IX. Provisions of this Agreement shall be binding upon and enforceable against
Owner, it successors, and assigns of the property herein described.
X. Owner represents and warrants ,it owns fee title to the property free
• and clear of mortgages, liens and other encumbrances, except:
XI. In the event there are or 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. .
XII. All improvements including grading, seeding, planting, landscaping,
equiping, and constructing of any structure to or upon any of the
property or other lands to be conveyed or dedicated to the City or for
which an easement is to be given to the City for park or other recre-
ational purposes, shall be completed by Owner & acceptable to the
Director of Community Services and shall be free and clear of any lien,
• claim, change, or encumbrance, including any for work, labor, or ser-
vices rendered in connection therewith or material or equipment sup-
plied therefore on or before the later of., 2 years from the date hereof
or , 19 . Upon comments against any defect in materials
or workmanship for a period of two (2) years following said completion
( and acceptance. In the event of any defect in materials or workmanship
within said 2 year period the warranty and guarantee shall be for a period
of three (3) years following said completion and acceptance. Defects
in materials or workmanships shall be determined.by the Director of
Community Services. Acceptance of improvements by the Director of.
Community Services may be subject to such conditions as he may impose
at the time of acceptance.. Owner, through his engineer, shall-provide .
for competent daily inspection during the construction of all improve-
ments. Prior to final plat approval, or issuance of any building permit,
if no' final plat is required, Owner shall:
Submit a bond or letter of credit which guarantees com- •
pletion of all improvements within the times provided,
• upon the conditions, and in accordance with the terms
of this subparagraph V. A., including but not limited •
to, a guarantee against defects in materials or work-
manship for a period of two (2) years following com •
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pletion and the extension of the period to three (3)
'ears in the event of any defect.'during said 2 year
period, .and acceptance of the improvements by the Dir-
ector of Community Services shall be 125% of the estim-
ated construction cost of said improvements, subject to
reduction thereof to an amount equal to 25% of the cost i
of the improvements after acceptance thereof by the Dir-
( ector of Community Services. The hond 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.
Mr? •
9/10/80
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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 anx covenant, condition or provision made by
him herein, City may be without an adequate remedy at law. Owner agrees. .
therefore, that in the event he violates, fails or refuses to perform any
covenant, condition or provision made herein, City may, at its option, ( '
institute and prosecute an action to specifically enforce performance of
• such covenant. No remedy conferred in this agreement is intended to be
exclusive and each shall be cumulative and shall be in addition to every.,
other remedy. The election of any one or more remedies shall not constitute
• . a waiver of any other remedy.
XIV. • Any term of this agreement that is illegal or unenforceable at law or in (�( `
equity shall be deemed to be void and of no force and effect to the extent
necessary to bring such term within the provisions of any such applicab;e
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.
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MEMORANDUM
TO: Mayor and City Council
THRU: Carl Julie, City Manager
FROM: Bob Lambert, Director of Community Services {^
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DATE: June 18, 1981
SUBJECT: Policy on Public Use of City Pacilities
The Parks, Recreation and Natural Resources Commission has considered policies
on public use of City servcies at the May 4 and June 1, 1981 meetings. After
lengthy discussion at the June 1 meeting, the Commission requested staff to
prepare a recommendation based on the discussion of the Commission members at
the June 1 meeting.
City staff recommends that the City provide services listed number 1-15 on
the May 1, 1981 memo, titled Policy on City Services for Public Groups, as
well as the following services for youth athletic volunteer associations:
Typing - Schedules and other limited materials will be typed upon written
( request of the Board of Directors of each association. These other materials
would be limited in nature to items such as a coaches manual or perhaps
instructional sheets for parents and participants that might only have to be
typed once every four or five years with updating on an annual basis.
Mailing - No idividual mailing for flyers or schedules, however all yoLth
athletic associations will be offered limited space in regulary scheduled
mailing such as the recreation brochure or the HAPPENINGS for informational
messages reminding participants of registration dates and places, as well
as fees, etc.
Printing - City to provide printing for coaches manuals and instructional sheets
and to encourage all associations to get together to draft one registration
form that could be used by all associations. The City could then possibily
budget for the cost of the printing of one run of these registration forms that
would satisfy the use of all associations on an annual basis (City would request
the associations to provide the City with costs of such a registration form
recommendation).
The foregoing recommendations seem to be the consensus of opinion of Commission
members as well as satisfying the requests of interested associations.
BL:md
138°1
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TO: Mayor and Council
FROM: John Frane
DATE: June 30, 1981
RE: Revenue Sharing Hearing
Our revenue sharing allocation for 1982 should be approximately
$154,828. In previous years the City has committed these funds.
for current expenses of the Public Safety Department, one of the
uses permitted under Federal Regulation. I suggest, as an ex-
( pediency, we do the same for our 1982 allocation.
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TO: Mayor and Council
FROM: Jahn Frane
DATE: June 26, 1981
RE: MIDD's - Frana & Sons - $2ft,711
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Frana and Sons intern to constuct a 3881 square foot office facility
for their contracting business in the Lake Ridge Office Park.. The
( total cost is estimated to be $348,011. The property is zoned office •
which is correct for intended use. Resolution # 81-122 is attached
for your consideration.
•
139!
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• (•
CITY OF EDEN PRAIRIE, MINNESOTA
Application for •
Industrial Development Bond Project Financing
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1. APPLICANT: •
Gary H. Frana and Jacqueline R. Frana, husband and wife
a. Business Name -
i
• N/A
b. Business Address -
c/o Frana and Sons, Inc.
6800 France Avenue South
Edina, Minnesota 55435
c. Business Form (corporation, partnership, sole proprietor-
ship, etc.) -
Joint tenancy
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d.• State of Incorporation or organization -
• N/A
e. Authorised Representative - •
Gary H. Frana
i. Phone -
920-3528 •
.
•
2. NAt.IE(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS:
•
n. Gary H. Frana President, Treasurer and 100%
8757 Walton Oaks Drive Stockholder of Frana and Sons, Inc. •
Bloomington, Minnesota 55438
b. Jacqueline R. Frana Secretary
8757 Walton Oaks Drive •
Bloomington, Minnesota 55438 '
c. •
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3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL
PRODUCTS, ETC: •
The Project, to be owned in joint tenancy by Gary H. and Jacqueline R.
Frana, husband and wife, will be leased to and occupied by Frana
and Sons, Inc. , a Minnesota corporation wholly owned by Mr. and Mrs.
Frana. Frana and Sons, Inc. are general contractors.
4. DESCRIPTION OF PROJECT •
•
•
a. Location and intended use: Location: Lake Ridge Office Park,
.Bryant Lake Center-, Eden Prairie, Minnesota
Intended Use: corporate headquarters for Frana and Sons, Inc.
b. Present ownership of project site:
Mr. Wallace H. Hustad
c. Names and address of architect, engineer, and general
contractor:
Architect: Engineer: General Contractor:
Waters, Cluts, and O'Brien Sathre I3erquist Ryan Development Inc.
5265 Edina Industrial Blvd. 935 E. Wayzata Blvd. Box 598 •
Edina, Minnesota 55435 Wayzata, MN 55391 Grand Rapids, MN 55744
5. ESTIMATED PROJECT COST FOR:
Land
Construction Contracts 306,700 •
Equipment Acquisition and installation*
Architectural and Engineering intended �_
Legal _ 15,000 ;
Interest during Construction
Bond Reserve
Contingencies 3,255
Loan Fees 4,845
Other
Total $ 340.0n0
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*Heating and air conditioning should be included as building costs.
Indicate the kind of equipment to be acquired here.
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6. BOND ISSUE -
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a. Amount of proposed bond issue - $290,700
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b. Proposed date of sale of bond - September, 1981 •
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c. Length of fond issue and proposed maturities -
15 years based upon a 30-year amortization schedule
d. Proposed original pnrchaseis of bonds -
•
TCF Mortgage Corp. - $242,250 first mortgage bond
Ryan Development, Inc. - $48,450 second mortgage bond
e. Name and address of suggested trustee -
• N/A
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f. Copy of any agreement between Ajtplicant and original •
purchaser -
(' N%A
I-_
g. Describe any interim financing sought or available -
Construction financing.tc be provided by First Dank of
Minneapolis
h. Describe nature and amount of any permanent financing ,
in addition to bond financing -
Additional permanent financing will be in the form of an
equity contribution, •
7. BUSINESS PIIOF I IJ OF APPLICANT.
•
a. Are you located in the City of Eden Prairie?
No
•
U. Number of employees in Eden Prairie?
• None •
i. Before this; project:
None
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• 139q •
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ii. After this project? •
Six at Office
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c. Approximate annual sales - $ 6,000,000.00
I _-
d. Length of time in business 3-1/2 Years
i _.
in Eden Prairie None � .
e. Do you have plants in other locations? If so, where?
No
f. Are you engaged in international trade?
No
8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S):
a. List the name(s) and location(s) of other industrial
development project(s) in which the Applicant is the
owner or a "substantial user" of the facilities or a
"releated person" within the meaning of Section 103(b) (6)
of the Internal Revenue Code.
None
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139S
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b. List all cities in which the Applicant has requested
industrial revenue development financing. '
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None
c. Detail the status of any request the Applicant has before
any other city for industrial development revenue financing.
None
•
d. List any city in which the Applicant has been refused
•
( industrial development revenue financing.
None
e. List any city (and the project name) where the Applicant
has acquired preliminary approval to proceed but in which
final approval authorizing the financing has been denied.
None
' '
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139(0- '
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_, .., . - - ; ' ; _ •. : ., , ., - -- . ' - ' .
. ••... ... -..•
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• . .•
• .•._
...•
..-,
... ,...
•
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.' (*. • .,:
(.-
,
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• • '
• „.
. •• I. If Applicant has been denied industrial development• ...,
revenue financing in any other city as identified
in (d) or (e), specify the reason(s) for the denial _.,••,
and the name(s) of appropriate city officials who
• have jnowledge of the transaction.
No
' . . .
. .
. .
• • -.',.
. -',-.--
' • ,
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. _.,
9. NAMES AND ADDRESS OF:
• • :.-__
a. Underwriter (If public offering) •
N/A ••••,•••
. .
, • .
. .„
• • --:
. ,1_,...
f .
b. Private Placement Purchaser (If private placement) , .•••
, .
TCF Mortgage Corp.
-_,
. - . .,••:
' :.-..:.,.
i- If lender will not commit until City has
passed its preliminary resolution approving -..:
• the project, submit a letter from proposed
lender that it has an interest in the :-.,..,..
offering subject to appropriate City
approval and approval of the Conunissioner
• of Securities.
• . ' "I:
. .
See letter from TCF Mortgage Corp. • _
, -:_-..•-•
•
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. •
- ' 'y -.,•
; •
•..-.
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• .•
. . . .
• ..:,
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• • 1891 - .
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b. Bond Counsel -
MacFa1l . Crounse , and Moore
1600 TCF Towere .
• 402
C. Corporate'Counsel -
Phillips, Gross & Aaron, P.A.
700 Midland Bank Building
Minneapolis, Minnesota 55401
d. Accountant -
'. Richard C. Simma Ltd. •
Butler Square Building
Minneapolis, Minnesota 55403 -—
10. WHAT IS YOUR TARGET DATE FOR:
. r
a. Construction start - July 1981
b. Construction completion -
September 1981
FOR FURTHER INFORMATION CONTACT:
The undersigned Applicant understands that the approval or
disapproval by the City of Eden Prairie for Industrial
Development bond financing does not expressly or impliedly
constitute any approval, variance, or waiver of any provision
or requirement relating to any zoning, building, or other rule
or ordinance of the City of Eden Prairie, or any other law
applicable to the property included in this project.
GARY R. FRANA
Applicant
(e0(e. f Tl1tL7' "
by
• k--)/110 /1;'. 1
bate
%. 11. ZONING - TO ME COMPLETED DY Tilt CITY PLANNING DEPARTMENT , ,
•
• a. Property is zoned - orfiLE. D51 tCr
b. Present zoning (is not) correct for the intended
is
use.
t
c. Zoning application received on
for which is correct for the
intended use. • I
•
d. Variances required - • _ 1
I ..
Gill lani,Jr
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•
•
•
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( . •
•
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• 1349
RESOLUTION NO. g/'7,1-a'
RESOLUTION GIVING PRELIMINARY APPROVAL TO A
PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL
DEVELOPMENT ACT, AUTHORIZING SUBMISSION OF AN
APPLICATION TO THE MINNESOTA COMMISSIONER OF
SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING
EXECUTION OF A MEMORANDUM OF AGREEMENT AND
PREPARATION OF NECESSARY DOCUMENTS IN CONNECTION
WITH THE PROJECT
BE IT RESOLVED by the City Council (this "Council") of
the City of Eden Prairie, Minnesota (the "City"), as follows:
SECTION 1
Recitals and Findings
•
1.1 This Council called a public hearing on a proposal pre-
sented to it that the City undertake and finance a project pursuant
to the Municipal Industrial Development Act, Minnesota Statutes,
Chapter 474, as amended (the "Act") consisting of the acquisition
of land in the City, the construction of an office building thereon
and the purchase of equipment therefor (the "Project"). Under the
proposal, Gary H. and Jacqueline R. Frana, husband and wife (the
"Proponents") will enter into a loan agreement (the "Loan Agreement")
with the City whereby the City agrees to issue and sell $3 IID:9
its Commercial Development Revenue Bonds in the form of two debt 170,7"
instruments (the "Bonds") to partially finance the Project and to
loan the proceeds of such sale to the Proponents who agree to con-
struct the Project. The Loan Agreement will require the Proponents
to pay amounts sufficient to pay the principal of and interest on
the Bonds. The Bonds will be issued and sold to two investors,
as a tax exempt mortgage financing, and will be secured by a mortgage
and other encumbrances on the Project. The Proponents will retain
title to and ownership of the Project and will lease the Project to
Frana and Sons, Inc., a Minnesota corporation wholly owned by the
Proponents, under lease terms sufficient to provide for the payment
of principal of and interest on the Bonds. The interest of the
Proponents in the lease and the interest of the City in the Loan
Agreement will be assigned to the holder of the Bonds as additional
security for the Bonds. The Bonds will be issued and sold in
accordance with the Act and will provide that the Bonds are payable
solely from amounts received by the City pursuant to the Loan
Agreement and other property pledged to its payment. The Bonds
will not be a general obligation of the City or be payable from any
other property or funds of the City.
1.2 At a public hearing, duly called, noticed and held on
July 7, 1981, in accordance with the Act, all parties desiring to
( appear were afforded an opportunity to be heard. Based on such
public hearing and on such other facts and circumstances as this
Council deems relevant, this Council hereby finds, determines and
declares as follows:
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(a) The purpose of the Act as found and determined by
the state legislature is to promote the welfare of the state by the
active attraction, encouragement and development of economically
sound industry and commerce to prevent so far as possible the
emergence of blighted and marginal lands and areas of chronic
unemployment. Factors necessitating the active promotion and
development of economically sound industry and commerce are the •
increasing concentration of population in the metropolitan areas,
the rapidly rising increase in the amount and cost of governmental
services required to meet the needs of the increased population and
the need for development of land use which will provide an adequate
tax base to finance these increased costs and access to employment
opportunities for such population,
•
(b) The welfare of the residents of the state requires
the active promotion, attraction, encouragement and development of
economically sound industry and commerce through governmental acts;
the encouragement of employment opportunities for citizens of the
state and the City; and the development of industry to use available
resources of the City, in order to retain the benefit of its exist-
ing investment in educational and public service facilities.
(c) The Project would further the foregoing purposes
of the Act as contemplated by and described in Section 474.01 of
the Act.
(d) The City is authorized by the Act to issue its
industrial development revenue bonds to finance capital projects
consisting of properties used or useful in connection with a
revenue producing enterprise, such as that of the Project.
(e) This Council has been advised by TCF Mortgage Corp.,
agent for the Proponents (the "Agent") that conventional, commercial
financing to partially finance the cost of the Project is available
on such a limited basis and at such high interest rates that the
economic feasibility of operating the Project would be significantly
reduced. However, with the aid of a municipal borrower, and its
resulting lower borrowing cost, the economic feasibility of the
Project would be substantially increased and that the issuance of
the Bonds by the City would be a significant inducement to the
Proponents to construct the Project in the City. •
(f) The existence of the Project would add to the tax
base of the City and of the county and school district in which the
Project is located and would provide increased employment opportu-
nities for residences of the City and the surrounding area. •
SECTION 2
Preliminary Approval of Project
{ 2.1 On the basis 'of information provided to this Council, it
appears that it would be in the best interest of the City to issue
-3-
d the Bonds in accordance with the Act, in an amount not to exceed
$340,000, in order to partially finance the cost of the Project.
2.2 The Project is hereby given preliminary approval and the
issuance of the Bonds by the City in the foregoing amount is also
hereby approved, subject to approval of the Project by the Commis-
sioner of Securities and Real Estate, Minnesota Department of
Commerce (the "Commissioner"); the fulfillment of such other
conditions as the City may require with respect to the issuance of
the Bonds in connection with the Project; and the mutual agreement
of this Council, the Proponents and the purchaser of the Bonds as
to the structuring of the financing and as to the terms and condi-
tions of any of the documents required for the transaction.
2.3 Nothing in this resolution or in the documents prepared
pursuant hereto shall authorize the expenditure of any funds of the
City on the Project other than the revenues derived therefrom or
otherwise granted to the City for this purpose. The Bonds shall
not constitute a charge, lien or encumbrance, legal or equitable,
upon any property or funds of the City, except the Project and the
revenue and proceeds pledged to the payment thereof, nor shall the
City be subject to any liability thereon. No holder of the Bonds
shall have the right to compel any exercise of the taxing power of
the City to pay the outstanding principal of or interest on the
Bonds, or to enforce payment thereof against any property of the
City except the Project. The Bonds shall recite on their face
that the principal of and interest on the Bonds are payable solely
from the revenue and proceeds pledged to the payment thereof. The •
Bonds shall not constitute a debt of the City within the meaning of
any constitutional or statutory limitation.
2.4 The forms of Memorandum of Agreement between the City and
the Proponents and the Application for Approval of Municipal
Industrial Revenue Bond Project by the City to the Commissioner,
together with all attachments and exhibits thereto, substantially
in the forms presented herewith, are hereby approved, and the Mayor
and City Manager are authorized to execute said documents on behalf
of the City and, in accordance with Section 474.01, Subdivision 7a
of the Act, are hereby authorized and directed to cause said
Application to be submitted to the Commissioner for approval of the
Project. The Mayor, City Manager, City Attorney and other officers,
employees and agents of the City are hereby authorized and directed
to provide the Commissioner with any preliminary information the
Commissioner may need for this purpose.
2.5 Mackall, Crounse & Moore, acting as bond counsel, is
authorized to assist in the preparation and review of all documents
relating to the Project; to consult with the City Attorney, the
Proponents and the purchaser of the Bonds as to the maturity,
interest rate and other terms and provisions of the Bonds and as to
the covenants and other; provisions of the operative documents; and
to submit such documents to this Council for final approval.
-4-
!uvi-
SECTION 3
General
3.1 The Proponents have agreed to pay any and all costs
incurred by the City in connection with the Project whether or not •
the Project is approved by the Commissioner; whether or not the
Project is carried to completion; and whether or not the Bonds or
operative instruments are executed.
•
3.2 Subject to the terms and provisions of the Memorandum of
Agreement, the Proponents are hereby authorized to enter into such
contracts as may be necessary for the construction of the Project
by any means available to them arid in the manner they determine
without advertisement for bids as may be required for the con-
struction or acquisition of other municipal facilities but other-
wise without liability on the part of the City.
3.3 The adoption of this resolution does not constitute a
guarantee or a firm commitment that the City will issue and sell
the Bonds as requested by the Proponents. The City retains the
right in its sole discretion to withdraw from participation, and
accordingly not issue the Bonds, should the City at any time prior
to the issuance thereof determine that it is in the best interest
of the City not to issue the Bonds or should the parties to the
transaction be unable to reach agreement as to the structuring of
the financing or as to the terms and conditions of any of the
documents required for the transaction.
3.4 All commitments of the City expressed herein are subject
to the condition that within twelvemonths from the date of adoption
of this resolution, the City and the Proponents shall have agreed
to mutually acceptable terms and conditions of a Revenue Agreement
(as defined in the Memorandum of Agreement), the Bonds and of all
other instruments and proceedings relating to the Bonds and their
issuance and sale. If the events set forth herein do not take
place within the time set forth above, or any extension thereof,
and the Bonds are not issued and sold within such time, this resolu-
tion shall expire and be of no further effect.
Adopted by the City Council of the City of Eden Prairie,
Minnesota, the 7th day of July, 1981.
•
•
Wolfgang H. Penzel, Mayor
Attest:
•
1 John D. Frane, City Clerk
•
-5-
!L1O
TO: Mayor and Council
•
FROM: John Frane
DATE. June 26, 1981
RE: MIIt's - Valley Place Office Associates - $2,311,111
Valley Place Office Associates intend to construct 43,181 s,uare
feet of office facilities which will he leased back to the companies
owned by principals of Valley Place. The employment of the cimpanies
is estimated to be 16$; the total project cost is $2,815,11.1.
Resolution # 88-123 is attached for your consideration.-t
•
•
•
/y()y
• CITY OF EDEN PRAIRIE, MINNESOTA
•
Application for
Industrial Development Bond Project Financing .
•
I. APPLICANT: .
a. Business Name - Valley Place Offices Associates
b. Business Address- 5601 Green Valley Drive
Minneapolis, Minnesota 55437
c. Business Form (corporation, partnership, sole proprietor-
ship, etc.) - Partnership to be formed which may be the
successor to GSJ Development
d. State of Incorporation br organization - Minnesota
•
C. e. Authorized Representative - Charles E. Garrity
f. Phone - (612) 835-6710
•
2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS:
a. See Exhibit A attached hereto.
b. '
•
c. •
-1-
. /UV5
•
-' • GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL
PRODUCTS, ETC: •
Valley Place Offices Associates will own an office
complex which will be leased to its partners and principally
• • used by entities controlled by said partners. • •
• /in the City
•4. •bESCRIPTION OF PROJECT- to improve.land and to improve, better,.construct and
equip an office LA.wplex thereon, including renovation and conversion of•an existing building to
an office building, constructing and equipping four sets of-two connected new buildings each, , -
and including related improverrents, to be leased by Valley Place Offices Associates, as indicated I
above. a. Location and intended use:
9975 Valley View Road, Eden Prairie, Minnesota,•
Office Building Complex `
• b. Present ownership of project site: . 1:
GSJ Development, a Minnesota general partnership
c. Names and address of architect; engineer, and general .
contractor:
( Architect: William A. Jacobson
• 3824, Upton Avenue South
Minneapolis, Minnesota .
• General Contractor: GSJ Development
• 5601 Green Valley. Drive
• Minneapolis, 'Minnesota 55437
or a successor to GSJ Development
5. ESTIMATED PROJECT COST FOR:
Site Development $ . 127,165
Building • $ 1,794,185 •
Equipment $ - 8,000' -
. Other . $ 370,650 '
2,300,000*
•Total $, �—
* This amount represents a portion of total costs estimated
to be up to approximately S2,815,000 (including, without
limitation, the acquisition cost of land).
�y O
C. E:,.:-D 1SSUn -
i
.
a. Amount of proposed bond issue - $2,300,000
b. Proposed date of sale of bond - . August 15, 1981
.
C. Length of bond issue and proposed maturities -
Not to exceed 30 years; proposed maturities not yet determined
.
d. Proposed original purchaser of bonds -
Applicant is currently seeking a lender for
permanent financing.
• Na
me ame and address of suggested trustee -
•
• None yet identified;- it is not now known whether or
not a trustee will be used.
•
f. Copy of any agreement between Applicant and original •
purchaser - -
None existing at this.time
g. Describe any interim financing sought or available
Minnesota- is
It wil
anticipated that American National Bank in St. Paul, .
purchase a temporary note Qf the City maturing in not more than two
years. It is anticipated that Northwestern National
financing Insurance *
h. Describe nature and amount of any permanent
in addition to bond financing -
. 7. BUSINESS PROFILE OF APPLICANT. • • .
• a. Are you located in the City of Eden Prairie? •
No
• •b. Number of 'employees in Eden-Praii•ie?
•
•
J.. None Before this project: ;
* Company will issue a standby commitmetd ta take
e •outethe notutre the aththe
( 9 of the two years, through the purchase
c,ty, maturing approximately three years after thestakeuout by theltemporary
note. In the event long-term take out financing
during the aforesaid two year period, the standby commitment of Northwestern
National Life Insurance•Company will not be utilized..
i
•
-3- N .
ii. After this project? 160 (estimated employees of
tenants of the Project)
c. Appr
oximate annual. sales - Not applicable to Applicant; partner
of Applicant are involved in service related business and annual
• sales are therefore irrelevant. See financial statements of anti
pated partners 'attached to letter of The Towle Company.•
d. .Length of time in business Applicant now being formed;
' See attached Exhihit A for this information with respect to
• proposed partners and tenants
' in Eden Prairie None
•
e' 'Do you have plants in other locations? If so, where? .
ra . .
. Applicant does not •
tk . .
.
f Are you engaged in international trade? ..
s' No .
S ''° OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): .
.
• •
'a. List the n:une(s) and location(s) •of other industrial
development project(s) in which the Applicant is the
•owner or a "substantial user" of the facilities or a
"releated person" within the meaning of Section 1O3(b)(6)
• of the Internal Revenue Code. •
None .
•
•
•
/4o7 .
•
•
• ( •
•
' b. List all cities in which the Applicant has requested
industrial revenue development financing.
•None
•
' . c• . Detail the status of any request the Applicant has before
-any other city for industrial development revenue financing.
•
. None
•( d. List auy city in wbich the Applicant has been refused
• industrial development revenue financing.
• None
• e: List any city (and the project name) where the Applicant
. has acquired preliminary approval to proceed but in which
final approval authorizing the financing has been denied.
None .
•
_5_
•
•
• . f. if Applicant has been denied industrial development
revenue financing in any other city as identified ;
in (d) or (e), specify the reason(s) for the denial
and the name(s) of appropriate city officials who
. have knowledge of the transaction.
'None •
•
•
•
9. NAMES AND ADDRESS OF:
•
• Agent • -
a.• UndcrwriteT-444--p.uU is-oiferinC.) for private placement
Towle.Company '
• 600 Second Avenue South •
Minneapolis, Minnesota
Attn: Jerry Buechler
b. Private Placement Purchaser (If private placement) •
American National Bank
•
Northwestern National Life Insurance Company
(see Section 6 of this Application)
•
• i. If lender will not commit until City has •
• passed its.preliminary resolution approving
the project, submit a letter from proposed .*
lender that it has an interest in the
offering subject to appropriate City
approval and approval of the Commissioner
• of Securities. •
••
•
•
•
• •
•
-6-
• /410 '
•
b. Bond Counsel -
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2200 First Bank Place East
• Minneapolis, Minnesota 55402 .
c. Corporate Counsel -
Halpern & Druck
1709 Cargill Building
Minneapolis, Minnesota 55402
d. Accountant - -- -
George Vitalis
Box 226
• Taylor Falls, Minnesota 55084 .
10. MAT IS YOUR TARGET DATE FOR: -
a. 'Construction start - August X5, 1981 '
• b. Construction completion - June 1, 1982 •
FOR FURTHER INFORMATION CONTACT: •
The undersigned Applicant understands that the approval or
disapproval by the City of Eden Prairie for Industrial
Development bond financing does not expressly or, impliedlY
constitute any approval, variance, or waiver of any provision
or requirement relating to any zoning, building, or other rule
or ordinance of the City of Eden Prairie, or any other law
applicable to the property included in this project.
VALLEY 'PLACE OFFICES ASSOCIATES, .
a Minnesota General Partnership
Applicant
i • P.911
' -'-.:::::::::-..-
• • May 22, 1981
• Date
-7- .
• 1411
31. ZONING - TO BE CO:.IPLL•'TED BY TIlE CITY PLANNINIG DEPARTMENT
a. Property is zoned -
b. Present zoning (is) (is not) correct for the intended
use.
• c. Zoning application received on
for which is correct for the
intended use.
.d. Variances required -
•
•
•
•
•
City Planner
•
•
•
•
•
•
•
•
•
• • -8-
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•
RESOLUTION NO. a c
7-14.3
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PRO-
JECT AND ITS FINANCING, AND DETERMINING TO PROCEED
WITH A PROJECT AND ITS FINANCING, UNDER THE MUNIC-
IPAL
INDUSTRIAL DEVELOPMENT ACT; REFERRING THE 3
PROPOSAL TO THE CO!MISSIONER OF SECURITIES AND
REAL ESTATE FOR APPROVAL; AND AUTHORIZING PREPAR-
ATION OF NECESSARY DOCUMENTS
BE, IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota (the City), as follows:
Section 1. Recitals and Findings.
1.1. This Council has received a proposal that the
City finance a proposed project under Minnesota Statutes, Chapter
• • 474 (the Act) , consisting of the improvement of land in
the City and the improvement, betterment, construction and equip-
ping of an office complex thereon, including renovation and con-
version of an existing building to an office building, construct-
ing and equipping four sets of two connected new buildings each,
and including related improvements (the Project), to be owned by
Valley Place Offices Associates, a Minnesota partnership
(the Borrower) and leased by the Borrower, as lessor, to various
tenants.
• 1.2. At a public hearing, duly noticed and held on
\fit.y 7 , 1981, in accordance with the Act, on the proposal
to undertake and finance the Project, all parties who appeared
at the hearing were given an opportunity to express their views
with respect to the proposal to undertake and finance the Pro-
ject. Based on such hearing and such other facts and circum-
stances as this Council deems relevant, this Council hereby finds,
determines and declares as follows:
• (a) The welfare of the State of Minnesota requires
active promotion, attraction, encouragement and devel-.
opment of economically sound industry and commerce
through governmental acts to prevent, so far as possible,
• emergence of blighted lands and areas of chronic un-
employment, and the State has encouraged local govern-
ment units to act to prevent such economic deterioration.
(b) The Project furthers the purposes stated in
Section 474.01 of the Act.
(c) The existence of the Project would add to
the tax base of the City, Hennepin County and the •
School District in which the Project is located and
would provide increased opportunities for employment
for residents of the City and surrounding area.
(d) This Council has been advised by The Towle
Company, that conventional, commercial financing to
1Ull(• •
•
• pay costs of the Project is available only on a
limited basis and at such high costs of borrowing
that the economic feasibility of operating the Project
. would be significantly reduced, but that with the
aid of municipal' borrowing, and its resulting lower
borrowing cost, the Project is economically more feas-
ible.
(e) This Council has also been advised by The
Towle Company that on the basis of their discussions
with potential buyers of tax-exempt bonds, revenue
bonds of the City could be issued and sold upon
favorable rates and terms to finance the Project.
(f) The City is authorized by the Act to issue
its revenue bonds to finance capital projects con-
• sisting of properties used and useful in connection
with a revenue producing enterprise, such as that
of the Borrower, and the Borrower represents to the
City that issuance of such bonds by the City would
be a substantial inducement to the Borrower to im-
prove, better, construct and equip the Project. •
• Section 2. Approval of Project.
2.1. On the basis of information given the City to
date, it appears that it would be in the best interest of the
City to issue its revenue bonds under the provisions of the
Act to finance costs of the Project in an estimated principal
amount of $2,300,000.
2.2. It is hereby determined to proceed with the Pro-
ject and its financing. and the Project is hereby given preliminary
. approval by the City and the issuance of revenue bonds of the
City (which may be in the form of an industrial development or
• commercial development revenue note or notes) in an approximate
principal amount of S2,300,000 is hereby approved, subject to the
approval of the Project by the Commissioner of Securities and
Real Estate, and the mutual agreement of this Council and the •
Borrower as to the details of the bond issue and provisions for
their payment. In all events, it is understood, however, that •
the bonds of the City shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the City,
except the revenues pledged to the payment thereof, and each
bond, when, as and if issued, shall recite in substance that
the bond, including interest thereon, is payable solely from •
the revenues and property pledged to the payment thereof, and
shall not constitute a debt of the City.
2.3. The form of the Application to the Commissioner
( of Securities and Real Estate,,with attachments, is hereby approved,
and the Mayor and City Manager are authorized to execute said
documents on behalf of the City.
-2-
• 2.4. In accordance with Section 474.01, Subdivision
7a of the Act, the Mayor and City Manager are hereby authorized
and directed to cause said Application to be submitted to the
Commissioner of Securities and Real Estate for approvPl of the
Project. The Mayor, City Manager, City Attorney and other offi-
cers, {!
employees and agents of the City are hereby authorized
and directed to provide the Commissioner with any preliminary
information the Commissioner may need for this purpose, and the
City Attorney is authorized to initiate and assist in the pre-
paration
of such documents as may be appropriate to the Project,
if it is approved by the Commissioner.
Section 3. General.
3.1. The Borrower has agreed to pay directly or through
the City any and all cost incurred by the City in connection with
the Project whether or not the Project is approved by the Commis-
sioner of Securities and Real Estate; whether or not the Project
• is carried to completion; and whether or not the bonds or operative
instruments are executed.
•
3.2. The adoption of this Resolution does not consti-
tute a guarantee or a firm commitment that the City will issue
the bonds as requested by the Borrower. The City retains the
right in its sole discretion to withdraw from participation and
( accordingly not issue the bonds should the City at any time
prior to the issuance thereof determine that.it is in the best
interest of the City not to issue the bonds or should the parties
to the transactions be unable to reach agreement as to the terms
and conditions of any of the documents required for the transac-
tion.
3.3. All commitments of the City expressed herein are
subject to the condition that within twelve months of the date
of adoption of this Resolution the City and the Borrower shall
have agreed to mutually acceptable terms and conditions of the
revenue agreement, the bonds and of the other instruments and
proceedings relating to the bonds and their issuance and sale.
If the events set forth herein do not take place within the time
set forth above, or any extension thereof, and the bonds are not
sold within such time, this Resolution shall expire and be of
no further force and effect.
3.4. The City will require the Borrower, if the bonds
are issued and sold, to provide the information necessary to com-
ply with the provisions of Minnesota Statutes, Section 474.01,
Subdivision 8.
• Mayor
Attest:
City Clerk
-3- IUl(p • i' .
STAFF REPORT
TO: Manning Commission
FROM: Chris Enger, Director of Manning
DATE: June 4, 1981
SUBJECT: LAKE TRAIL ESTATES REZONING
APPLICANT: Clifton J. Swenson & Arvid W. Schwartz
REQUEST: Rezoning of 4 lots in Lake Trail Estates from
R1-13.5 to RM 6.5 for duplexes.
LOCATION: In Lake Trail Estates Addn., north of TH 5, and
west of Co. Rd. 4 & Prairie Village Mall.
BACKGROUND ••
Lake Trail Estates was zoned to R1-13.5 and platted in 1978. The lots
have been prepared for building and provided with City services. There
•
are currently five homes built within the entire subdivision.
Outlot A, in the southeast corner of the plat was provided for a church
which has since been built on the 2.79 acre parcel. Outlot B, in the
center of the plat is approximately 3 acres in size, and is an open space,
wetland area, utilized as part of the storm water system.
The existing plat is made up of 46 lots, three of which (adjacent to TH 5)
were zoned for duplexes. The overall area of the plat minus the church is
25.99 acres, with 49 approved units, for a density of 1.89 units/acres.
The tWo lots (5 & 6; block 2) on the west side of the plat back up to an
open space outlot and would finish Carnelian Lane (cul-de-sac) out as
all duplexes. Lot 5 is approximately 19,1111 sq. and
lot
ot 6. zp
isapprox-
imately 16,320. Lots 1 & 2 are about MOOO sq. ft. The
requires 13,000 sq. ft. as a minimum. •
While it is somewhat relative as to where duplexes should end and where
single family detached should begin, it appears from experience builders
have had in Valewoods, that single family across the street from duplex
is a difficult sale.
Addition of four units to the approved 49 would bring the density to 2.04
units per acre.
The staff is most concerned with the impact on lot 5, block 1, and lot 4,
block 2. If these lots have been sold with the understanding that there
would be single family next door, these owners should be taken into account.
•
iq i'�
Staff Report-Lake Trail Estates • page 2
RECOMMENDATIONS
( • 'the Planning Staff suggests that the following are options the Planning
Commission may choose (there may be more).
A. Deny the request on the basis that it is a spot zoning.
B. Approve the request as proposed.
C. Approve Lots 5, 6, & 1 but not 2:
The Staff would recommend alternate B subject to the following: •
•1. Cash park fee applicable per unit.
2. Division of lots not be accomplished until footings have been installed.
3. All costs incurred from the installation of seperate utility services
for each unit be borne by the Developer. The separation of these
services shall be according to City Engineering requirements.
•
CE:ss
•
•
•
••
•
1(117
oot�iESpr4
\Zp Mlintlesotil
i c a• Dcptlrlmen1 of "1'rans]x)rtillion
' 'a District 5 •
'SFti(.,
�go 2055 No. Lilac Drive
�0F TPPN Golden Valley, Minnesota 55422.
June 18, 1981 •
1a::1 54S 37ot
Mr. Chris Enger
Director of Planning
Eden Prairie City Hall •
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
•
In Reply Refer To: 315 •
S.P. 2701 T.H. 5
Plat review of Lake Trail Estates rezoning of
Lots 1 and 2 Block 1 and Lots 5 and 6 Block 2
located north of T.H. 5 at Carnelian Lane in
the City of Eden Prairie, Hennepin County
Dear Mr. Enger:
We are•in receipt of the above referenced 'plat for our review in accordance with
Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat accept-
able for further development with consideration of the following comments:
- This plat was reviewed by Mn/DOT in July of 1978 and comments were sent to
the City. Those comments are still applicable to this plat.
- In addition to those comments we noted that it is proposed to extend the
frontage road easterly to Prairie Village Mall. The owner states in his
request for rezoning that, "substantial amounts of additional traffic will
be produced." If this is the case, we strongly recommend the frontage road
terminus at Carnelian Lane be detached away from T.H. 5. If this is not
done before lot 1 is built upon and a traffic problem results, it will be
extremely difficult to make any improvements at this location. •
- We also noted in our review that there is a temporary access inplace
approximately 500' east of Carnelian Lane. We recommend it be removed.
- It appears that some signing revisions will be needed at the Carnelian Lane
intersection. We recommend a new access permit be applied for when final
geometrics of the proposed intersection are determined.
If you have any questions in regard to these comments, please ccntact our District
Layout, Research and Development Engineer, Mr, J. S. Katz at 545-3761 ext. 150.
Thank you for your cooperation in this matter.
Sincerel' /
/?)-
\
W. M. Crawford, P.R.. 'y
(
District Engineer
cc: Charles Weaver, Metropolitan Council
Mike Reiter, Hennepin County
An Equal Oppuromily Employer 11119
approved
ldnni ,^ Cc.,nission Min :s -3- June 8, 1581
MEMBERS ABSENT: Retterath, Gartner & Hallett
•
08.
LAKE TRAIL ESTATES REZONING, by Swenson & Schwa'rtz. Request
to rezone lots 1 & 2, block 1 and lots 5 & 6, block 2 from
R1-13'.5 to RM 6.5 for duplexes. Located along Carnelian Lane
and north of iH 5. A public meeting. .,
Bearman stated that there have been'petitions received and that they should be made
part of the minutes.
The Planner stated that this is a request for rezoning 4 lots from @1-13.5 to RM 6.5
for duplexes. He introduced Mr. Arvid Schwartz and Mr. Clifton Swenson.
Schwartz reviewed the location of the four lots, and stated that the owner forlot
4, block 2, and lot 3, block 1 have no objections for lot 2, block 1 and lot 5,
block 2'being duplexes. •
The Planner reviewed the staff report dated 6/4/B1 and stated that 2 units/acre is
the maximum allowed in the RM 6.5 zone and that this request would comply.
.Torjesen asked if the owners for lot 4, block 2 and lot 3, block 1 have written
down their comments. Schwartz replied that one has and that the other owner is out
of the country.
•
Sutliff asked if the duplex could be owned by two parties if a lot line was to be
drawn between the duplex. The Planner replied yes and that each unit would be re-
quired to be on a 6,500 sq. ft. minimum lot.
Levitt asked if a lot line '•gas drawn, if the plat would come later. The Planner
replied that if the owners wanted to have a lot line drawn, it could be done
administratively.
Sutliff asked if done administratively, if there would be sideyards and setback
variances requested. The Planner replied yes. j
Levitt asked why a variance is required. The Planner replied because there is no
setback provided to the common lot line.
Mr. Rhodes, 7660 Heritage Road, stated that they have submitted petitions and are
opposed
•
Bearman 'stated that Carole Lentz, 17210 Park Circle called him and could not make
it to the meeting, but wanted it known that she.was opposed to the proposal.
John'Henry., 17250 Park Circle, stated that he felt that the duplexes will affect
the property values of the single family homes already constructed.
Janis Sicard, 17266 Round Lake Road, stated that she was opposed to the proposal.
( Carol Stalland, Heritage Road, stated that she felt that duplex renters do not take
care of their yard.
Mrs. Jolin•Henry asked the value of the duplexes to be put in. Schwartz replied
the lots are approximately $30,000. so the duplexes will be valued at approximately
$150,000+. APO
approVc:d
Planning Cu••nission Mint s June 8, 19R1
Maria Taylor, 7741 Heritage Road, asked if $150,000 was per unit or duplex.
• ( Schwartz replied per building (duplex).
Bob Messina, 17299 Park Circle, asked if any duplex lots are sold. Schwartz
replied yes contingent upon the rezoning of the lots.
Jim Daly, 7715 Carnelian Lane, stated that he was against the duplexes, but
now feels that the duplexes could be a buffer to noise coming from TH 5, but
stated that he is still concerned about the Duality.
Torjesen asked if any other'. residents from Carnelian Lane are present. Ken
Potter, 7695 Carnelian Lane, stated that he agrees with Mr. Daly.
Bearman stated that he was concerned with the desireability—of th:i_s because of _
the question of spot zoning.
Levitt asked if the person that owns lot 19 was present. Torjesen replied that
that is Mr. Brinkman and stated that he submitted a letter and has no objections.
Levitt stated that he had less reservations concerning lots 1 and 2, but had
more about lots 5 and 6.
MOTION
Levitt moved to recommend to the City Council approval of rezoning lot 1, block
1, and denying lots 2, 5, and 6. Sutliff seconded.
( DISCUSSION
Torjesen asked that lot 2, block 1, be approved also. Levitt stated that he
approved lot 1 because of it's location - next to TH 5 and having the chcrch
parking lot behind it, but stated that he could not justify recommending approval
of theoothers because of the location.
Motion carried 3-1. Bearman voted no because he felt it was spot zoning.
•
• •
lyal
•
• " .Chris Enger, City Planner
B950 Eden Prairie I..c?.
Eden Prairie .'f1 55344
Dear Mr. Enger.
We hereby request that Lots 1 & 2 Block 1 and Lots 5 & 67
Block 2, Lake Trail Estates be rezoned from single family residential to
duplex residential for the following reasons. '
A. The lots immediately across the street are duplex lots. chile
we have duplex buyers for these lots, we do not and cannot interest people
in these lots as single family lots.
B. When originally platted the frontage road now being built pars-
loll to Highway #5 was intended to serve Christ Lutheran Church parking lot,
thereby" producing very little traffic. 'pith the current elan to extend this
road to the Prairie Village stall substantial amounts of additional traffic
will he produced. This additional traffic makes Lots 1 & 2. Block 1 very
undesirable for single family lots.
•
C. Because of the site plan approved for Christ Lutheran Church the
back of Lots 1 & 2. Block 1, now face a narling lot. Again. this makes these
lots undesirable for single family lots.
D. Lots S & 6, Block 2. are the only single family lots on a cul-du-
sac that are not duplex lots. In addition both lots face duplex lots.
This is given as a reason by buyers why they do not wish to buy these lots
as single family lots.
E. These lots exceed Eden Prairie rerruirements for duplex lots in
terms of size.
!1e stand ready to supply any additional material you deem
necessary to consider our request.
yc Thank you for your consideration.
ILLS n /71
a'z<'G /7 �!�z,��/ e-e
l Sincerely,
•
Ac)O GfZi Clifton J. Swenson
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June 8, 1981
Planning Commission
Eden Prairie, Minn. 55344 . .
Dear Sirs: . •
This letter is in reference to this particular property:
LOCATION:
2 lots in NE corner of TH 5 & Carnelian Lane
2 lots west of Carnelian Lane cul-de-sac
LEGal, DE3CRIPTION:
Lots 1,2,5,6, Block 2
Lake Trail Estates
Hennepin County, Minnesota
:e wish to make it known that we oppose the proposed rezoning
( of the above listed lots, because we feel that the neighoor-
hood should be maintained with single family resiaences. We
do not wish to nave a precedent set by allowing duplexes ,
;
in to the area and we definitely do not care to risk a lowering
of our own property value.
'
Sincerely, .--
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•
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•
•
.( • JUNE 8, 1981
EDEN PRAIRIE PLANNING COMMISSION
CITY HALL EDEN PRAIRIE, MINNESOTA
DEAR SIRS,
WE ARE OPPOSED TO THE RE-ZONING OF THE 2 LOTS IN THE • I:-
. NE CORNER OF TH5 & CARNELIAN LANE AND THE 2 LOTS WEST
OF CARNELIAN LANE CUL-DE-SAC.
LEGAL DESCRIPTION:
LOTS 1, 2, 5, 6, BLOCK 2
LAKE TRAIL ESTATES •
HENNIPEN COUNTY, MINNESOTA
WE DO NOT FEEL RE-ZONING THESE LOTS WILL BENEFIT OUR
• AREA BECAUSE: •
1. WE FEEL THE EXISTANCE OF DUPLEXES IN OUR
AREA WILL DEFINITELY NOT HELP THE PROPERTY f:
VALUE OF OUR HOME; ESPECIALLY IF THE DUPLEXES
ARE RENTED OUT. RENTERS DO NOT CARE FOR THEIR
( HOME & GROUNDS LIKE OWNERS TEND 10. • i`. r.
2. IF DUPLEXES ARE ESTABLISHED ON THE MENTIONED
LOTS MORE WILL SURE TO FOLLOW. WE WOULD
PREFER NOT TO nIX SINGLE FAMILY DWELLINGS
AND MULTI FAMILY DWELLINGS.
•
REGARDS,
L(iup ^
.DOUGLAS M BISC sF "
•
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CARLOTTA K B'ISCHOFF." •
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June 8, 1981
, 7711 Heritage Road .
Eden Prairie, MN 55344
Planning Commission
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344 .
Res Rezoning Lots 1, 2, 5, 6 Block 2
Lake Trail Estates, Hennepin County, MN
• • This letter serves as notice of our disapproval
' of the proposed rezoning of the above mentioned .
lots, from R1-13.5 single family to RM-6.5 multiple
family. .
It is grossly unjust to current homeowners who
have purchased residences within this area on
( the basis that the development is zoned for
single family dwelling. •
Rezoning of these lots will only set a precedent
for future action by other developers.
: ; tru�,}r/ g„ip
ff/• G�f'
Bernard P. Aldrich •
• Cindy L. Aldrich
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•
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June 8, 1981• qc
/�Eden Prairie Planning Commission � �1(,,QW-- 2a ��p�s ! .
Eden Prairie, Minnesota � �4
•
Dear Sirs, '7� " �f (,12G�
aJ i_.
We are against the rezoning of the 2 lots in the NE corner
• of TH5 & Carnelian Lane and the 2 lots west of Carnelian
Lane cul-de-sac. •
• !;
Legal Description: •
Lots 1, 2, 5, 6, Block 2.:
Lake Trail Estates •
Hennipen County, Minnesota
•
•
• We do not feel rezoning these lots will benefit our
area because:
1. We are against mixing single family dwellings
and multi-family dwellings.
2. We feel the existance of duplexes in our area
•
will cause our property valucsto go down.
3. Allowing. some duplexes to be built will establish
a preg .2nt for more to be built further North
on Carnelian.
Thank you,
Sincerely,
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7E.Y5 e^a4-r-,Ad- 776,O inn-a•clou) a-►L / 72.sA ' y
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•
July 7, 1981
• CITY OF EVEN PRAIRIE
t HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R81-126
RESOLUTION ORDERING IMPROVEMENTS AND
PREPARATION OF PLANS & SPECIFICATIONS
FOR SUNUY8ROOK RD, (I.C. 51-381)
•
WHEREAS, a resolution of the City Council adopted the 2nd •
day of June, 1981, fixed the 7th day of July, 1981, as the date for
a public hearing on the following proposed improvements:
I.C. 51-381, Sanitary sewer, water main, storm
sewer and street improvements for Sunnybrook Road
between Homeward Hills Road and Olympic Hills
6th Addition
WHEREAS, all property owners whose property is liable.to be
assessed for the making of this improvement were given ten days published
notice of the Council hearing through two weekly publications of the re-
quired notice and the hearing was held and property owners heard on the
7th day of July, 1981
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
' 1. Such improvement as above indicated is hereby ordered.
2. The City Engineer is hereby designated as the Engineer for
this project and is hereby directed to prepare plans and
specifications for the making of such improvement.
ADOPTED by the Eden Prairie City Council on
•
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
•
John D. Frane, Clerk
/L61
•
MEMO •
TO: Mayor and Members of the City Council
THROUGH: Carl Jullie, City Manager
FROM: Eugene A. Dietz, Director of Public Works
DATE: June 25, 1981 •
RE: Feasibility report for I.C. 51-381, Sunnybrook Rd.
Appended to this memoradum is a copy of the attendance list from an informational
meeting which was held on June 23, 1981, with affected residents along the
proposed Sunnybrook Road improvements. The purpose of this memoradum is to
provide you E. surnary of the informational meeting, the results of a meeting
with the developer on June 25, 1981, and suggest a procedure to follow for the
balance of the project.
Briefly, the following issues were discussed at the informational meeting:
1. Mr. Stavrum suggested that a more equitable assessment for the street
improvements would be for the Olympic Hills 6th Addition to pay for
50% of the cost and the balance to be assessed to the adjacent property
owners.
2. Mr. Faulks indicated that as a developer he was required to install
off-site improvements for the public benefit--- namely a portion of •
Homeward Hills Road - - and that it would be only fair that Olympic
Hills 6th Addition do likewise.
3. Ms. Russell felt that in general it was a poor policy to build on
filled land.
4.• Mr. Faulks said that his parcel 34-4 could support only two lots due
to a utility easement for Northern States Power (the feasibility report
assumed that four lots could be derived out of this parcel).
5. Mr. Stavrum stated that he felt the extra cost of a wider road should be
at least be paid by the developer as well as any extra thickness
necessary for the construction of their subdivision.
6. Mr. Faulks was concerned about the benefit derived for his parcel 43-5.
He was uncertain of the easements that were placed upon the land for
the storm water detention pond. His concern was whether or not lots could
be developed along Sunnybrook Road between the easements and the roadway.
7. Mr. Faulks felt that the trunk assessment for the 34-4 should not be
included in this project since he felt it was or will be included in the
Meadow Park assessment rolls.
w2 J
Memo -2- June 25, 1981
The developer of Olympic Hills 6th Addition, Mr:Peterson, was unable to attend
the informational meeting. Therefore, I met with him later in the week to
discuss these issues in more detail. As a result of the discussion, Mr. Peterson
indicated a willingness to pay the additional cost for the widening the road
from 28' to 32'. The feasibility report indicates that the assessment cost
for the street .improvement would be $40.00 per front foot. Mr. Peterson's offer'
would reduce that cost to approximately $37.50 per front foot(the cost to
Mr. Peterson of approximately $4,350.00). In summary, the developers of
Olympic Hills 6th Addition feel that by paying for the entire cost of the
lateral sewer and water benefit as well as any additional cost for paving
•
wider than 28' an equitable assessment to the adjoining properties to Sunnybrook
Road will result. I agree with that analysis.
Comment 4 above concern: the benefit which can be derived to parcel 34-4 due
to existing easements on the property. Perhaps the determination of actual
benefit may be best deferred until the assessment hearing later this fall. �.
• Comment 5 above raises a question regarding the benefit of the over width paving
as well as the extra thickness to establish a nine ton roadway. The actual
paving thickness will be determined as part of the design of the project and
will not be increased just for the purpose of Olympic Hills subdivision. When
the proportion of cost being paid by Olympic Hills 6th Addition is viewed as
a package, I do not believe that a further reduction due to design thickness
is justified in this case.
Item 6 above pertains to an easement that was acquired on a previous improvement
project for the purposes of a storm water detention pond. I have researched
this issue and find that there is a 5' access easement along the easterly 5'
of parcel 43-5 and that there is approximately 190' between the right-of-way of
Sunnybrook Road and the permanent easement for the pond to the south. The
easement for this pond should not interfere with the possibilities of constructing
a home along Sunnybrook Road at the east end of this parcel. Therefore, a
question of benefit derived from the road improvements should not be an.issue.
It is my recommendation that the feasibility report be approved with the
modification that the over width paving cost for the additional 4' of roadway
be assessed to Olympic Hills 6th Addition, which will reduce the front footage
assessment to the adjacent property owners. Assuming Council approves the feasibility
report and authorizes plans and specifications for the project, the Engineering
Staff will make every attempt to expedite the project and hopefully move the bid
opening date from August 28th as indicated in the feasibility report to August 13,
1981.
I03
„„ . • ,• , .
. _ .
. „
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•
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•
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IVAPor
• E;;CIE.NE A•.3.677- . Ciry oF 5.1,471 g4412,16..-
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•
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•
•
• •
•
. •.-
•
•
. . .
. .•
. . .
1.
•
July 7, 1981
•
•
STA .•OF MINNESOTA
CITY OF EDEN PRAIRIE • •
COUNTY OF IIENNEPIN
The following accounts were audited and allowed as follows:
6735 VOID OUT CHECK $ (303.?:
6863 VOID OUT CHECK 80.0: ..
7040 VOID OUT CHECK ( 22.8,',
7053 VOID OUT CHECK ( 24.0:'_
7058 VOID OUT CHECK (429.&`
7070 VOID OUT CHECK ( 50.OH
7089 WINELIWES INTERNATIONAL Subscription-Liquor Stores 46.00
7090 OLD PEORIA COMPANY, INC. Wine 2,321.64
7091 JOHNSON BROTHERS WHOLESALE Wine 1,315.97,
7092 MINNESOTA DISTILLERS, INC. Liquor 1,251.6'
7093 ED. PHILLIPS & SONS CO. Liquor 2,356.76
7094 GRIGGS, COOPER & CD., INC. Liquor 1,697.01
7095 INTERCONTINENTAL PACKAGING CO. Wine 494.0,:
7096 PETTY CASH Expenses' 66.4
7097 KRIS.KRYSTOFIAK Playground Change Fund 60.00 •
7093 UNITED STATES POST OFFICE Postage 210.0E
706 FEDERAL RESERVE BANK Payroll 17,505.'2i:
710., COMMIS5IDNER OF REVENUE Payroll 5,993.65
7101 AETNA LIFE INSURANCE Payroll 165.00
7102 UNITED WAY OF MINNEAPOLIS Payroll 46.96
7103 PERA Payroll 10,863.46
7104 ROLLING SOLES Teen Volunteer-Rec Dept. 108.00
7105 ANNIE PICKA & DENNIS J. TRUEMPI Easement-Engineering Dept. • 13,330.77
7106 FOTO MARK, INC. • Easement-Engineering Dept. 1,000.00
7107 EDEN PRAIRIE SCHOOL DISTRICT 1931 Spring Brochure 710.00
7108 DEPARTMENT OF NATURAL RESOURCES Fee-Engineering Dept. 48,00
7109 ED. PHILLIPS & SONS CO. Liquor 18,258.48
7110 MIDWEST WINE CO. Wine' 5,398.26
7111 OLD PEORIA COMPANY INC. .Liquor 10,642.81
7112 GRIGGS, COOPER & CO., INC. Liquor 17,545.40
7113 JOHNSON BROTHERS WHOLESALE Liquor 9,905.79 .-
7114 INTERCONTINENTAL PACKAGING CO. Liquor 4,160.49
7115 TWIN CITY WINE CO. Wine 2,488.92
7116 MINNESOTA DISTILLERS, INC. Liquor 2,147.6
7117 THE LIQUOR HOUSE Liquor 882:53
7118 PAUSTIS & SONS Wine 580.:0
7119 CAPITAL CITY DISTRIBUTING'CO. Wine 553.43
7120 MENARDS Carpet runner-Dog Obediance 123.90
7121 COMMISSIONER OF REVENUE May 1981 Sales Tax 2,826.74
7122 MY PIE Expenses-Rec Dept. 181.60
7123 PEPPERMINT TENT Expenses-Rec Dept. 49.50
71 ART-SIGN • Supplies-Planning Dept. 62.49
7125 MENARDS • Supplies-Park Dept. 26.88
7126 KINGS COURT Racquetball clinic-Leisure Challenge 84.00
7127 IIOPKINS POSTMASTER Postage • • 30.89
7128 BARRETT MOVING & STORAGE Supplies-Police Dept. 28.30
7129 VOID OUT CHECK -
7130 JOHNSON BROTHERS Liquor /i/3S 3,814.41
•
Page two
July 7, 1981
( ..
7131 INTERCONTINENTAL PACKAGING CO. Liquor • 1,575.47
7132 OLD PEORIA COPPANY, INC. Liquor 253.93
7133 GRIGGS, COOPER & CO., INC. Wine 156.93
7134 MID'WEST WINE CO. Wine 911.41.,
7135 MINNESOTA DISTILLERS, INC. Liquor 1,370.60 i -:
7136 TWIN CITY WINE CO. Wine • •503.71
7137 ED. PHILLIPS & SONS CO Liquor 74.36
7138 MINNESOTA DEPARTMENT OF P/S Motor vehicle registration 13'71' III
7139 O'CONNOR & HANNAN Legal Services 2,464.90
7140 ERIN ANDERSON Refund-Rec Dept. • 1.00 !
7141 TINA ANDERSON Refund-Rec Dept. 1.00
7142 TRACY ANDERSON Refund-Rec Dept. 1.0U 1
7143 DALE ANDREA Refund-Rec Dept. 1.0D
7144 DAVID BARTHOLOMEW Refund-Rec. Dept. 1.00
7145 JOSEPH CAVARA Refund-Rec Dept. 1.00
7146 TERRANCE DALTON Refund-Rec Dept. 1.00 j
7147 JAMIE DEMESY Refund-Rec Dept. 1.OD
7148 CHRISTOPHER DALY Refund-Rec Dept. 1.00
7149 MORGAN DENTON Refund-Rec Dept. 1.00 !
7150 JOSEPH DESOTEL Refund-Rec Dept. 1.00
7151 AARON DIRLAM Refund-Rec Dept. 1.00
7152 VOID OUT CHECK .
7153 Y.IERE ELFSTROM Refund-Rec Dept. 1.00
71 LINDSEY ELLISON Refund-Rec Dept. 1.00
7155 MARK ELVEROG Refund-Rec Dept. 1.00.
7156 JONATHAN ENQUIST Refund-Rec Dept. 1:O0
7157 JULIE ENQUIST .Refund-Rec Dept. ' 1.00 `'--
71.58 ANNE FARRELL Refund-Rec Dept. 1.00
7159 TRACY HUHN Refund-Rec Dept. ' 1:00
7160 JA•MES HUNGELMANN Refund-Rec Dept.
7161 BRANDON JOHNSON Refund-Rec Dept. 1;00 ---'
7162 BRET JOHNSON Refund-Rec Dept. 1.00
7163 DANA JOHNSON Refund-Rec Dept. 1.00
7164 JODI KAUTZ Refund-Rec Dept. 1.00
7165 ABIGAIL KELM Refund-Rec Dept. '1.00
7166 MATTHEW KELM Refund-Rec Dept. 1.00
7167 MARY KLEVANN Refund-Rec Dept. 1,00 l
7168 ROCHELLE KOMULA Refund-Rec Dept. 1.00.
7169 JEREMY KRIENKE Refund-Rec Dept. 2.00 -
. 7170 KRISTAN LAMONT Refund-Rec Dept. 1.00
7171 ERIN LIESTMAN Refund-Rec Dept. • - 1,0D
7172 BRIAN LOFGREN .Refund-Rec Dept. 1.00
7173 COREY MARTINSON Refund-Rec Dept. 1.00
7174 ANGELA MESSERLI ' '• Refund-Rec Dept. 1.00 j ,
7175 BECCA MESSERLI Refund-Rec Dept. 1-.0u '
7176 B.J. PENNEGAKER Refund-Rec Dept. 1.001
•
7177 JIM PETRY Refund-Rec Dept. 1.00
71/4 ADAM PRINK Refund-Rec Dept. 1,00
7. LIA RINGIIAl1SEN • Refund-Rec Dept. 1.00
7180 DAVID RII'PE Refund-Rec Dept. 1,0r.
7181 ADAM SANBORN Refund-Roc Dept. 1.0r
7182 GINA SANDV1CK Refund-Rec Dept. • 1.0i•
7183 NICK SANTIAGO Refund-Rec Dept. 1.00
7184 TIMOTHY SCIIANK Refund-Rec Dept. 1.00
•
Page three
July 7, 1981
•718:. CLARA SCIIROEDL Refund-Rec Dept. 1.00
7186 NATE SCIIROEDL Refund-Rec Dept. 1.00
7187 JEFF SCHRICIIMANN Refund-Rec Dept. 1.00
7188 BRIAN SEI'PMAN Refund-Rec Dept. 1.00
7189 FEDERAL RESERVE BANK Payroll 16,398.CC
7190 COMMISSIONER OF REVENUE Payroll 5,699.4:;
7191 DEPAR1MLNT OF EMPLOYEE RELATIONS Payroll 16,935.9c
7192 AETNA LIFE INSURANCE Payroll 165.00
7193 UNITED WAY OF IIINNEAPOLIS Payroll 46.96 •
7194 SUBURCAN NATIONAL BANK Payroll 175.0'6
7195 PERA Payroll 10,755.13
7196 LISA SMA1AL Refund-Rec Dept. 1.00
7197 JOHN SMITHWICK Refund-Rec Dept. 1.00
7198 DEREK STENEMAN 'Refund-Rec Dept. 1.D0
7199 DERRICK ST0D0LA Refund-Rec Dept: 1.00
7200 AIM STOFFERAIIN Refund-Rec Dept. 1.00
7201 NATHAN STRANDER Refund-Rec Dept. 1.00
7202 SARAH SWARTOUT Refund-Rec Dept. 1.00
7203 JEROEN THOMPSON Refund-Rec Dept. 1.00
7204 JACOB WALTERS Refund-Rec Dept. 1.00
72D5 ANDREW WILSON Refund-Rec Dept. • 1.00
7206 JIM ZACHMAN Refund-Rec Dept. 1.00
7207 A &•II WELDING & MFG. CO. Steel-Street Dept. 42.00
720R ACRO-ISiINNESOTA, INC. Office supplies 177.31
72 STUART ALEXANDER Mileage 37.25
7210 AMERICAN POP CORN COMPANY Popcorn-Rec Dept. 111.00
7211 ANACOMP MICROGRAPHICS Microfich reader-Engineering Dept. 234.77
7212 AMOCO OIL COMPANY Fuel-Street Dept. 9,920.00
7213 EARL F. ANDERSEN & ASSOC. Street Signs 59.60
7214 ANKLAM'S AQUATICS Equipment-Rec Dept. 43.50
7215 RON ANDERSON Wire fire trucks 225.00
7216 ARMOR SECURITY INC. Service-Senior Citizens Center 82.50
7217 ASSOCIATED ASPHALT, INC. Blacktop 20,537.6C
7218 ASSOCIATED OIL BURNER SERVICE Service-Park Dept. 45.80
7219 AUTOTRAAC Speed test-Police Dept. 8.00
7220 B & B SUPPLY COMPANY Supplies-Rec Dept. • 23.26
7221 B R W Service-Leona Road at TH 169 204.20
7222 BEVERAGE JOURNAL Subscription-Liquor Store Preserve 8.00. •
7223 DENIS BILLMYER Softball official 220.00
7224 ISAAC R. BLAKEY Softball official 88.00
7225 CITY OF BLOOMINGTON Service 295.00
7226 RAE BLY Mileage 51.05
7227 BRAUN ENGINEERING TESTING Service-Homeward Hills & Sunnybrook Rd 4,152.67
Creekview Estates
.7228 JULIE BUECHLER Refund-Rec Dept. 24.00
7229 BUTCH'S BAR SUPPLY Supplies-Liquor Store 153.04
7230 STEPHEN CALHOON Mileage ' 40.25
7231 SELENA CAPERS Refund-Rec Dept. 18.00
72"^ CHAPIN PUBLISHING COMPANY Legal ads 127.92
7r i
._, GREG CLARK Refund-Rec Dept . 3.50
7234 CLUTCH S U-JOINT Equipment repair & parts 120.57
7235 COLLEGIATE PACIFIC Supplies-Rec Dept. 324.80
7236 COPY EQUIPMENT Supplies-Engineering Dept. 48.67
7237 TARA COSTELLO Refund-Rec Dept. • 3.50
7238 CREATIVE SIGNS Lettering-Fire Dept. 233.00
•
l43"1
Page four
Jul 7•; 1981
7239 CUSTOM DESIGNED AWARDS Supplies-Rec Dept. 38.00
7240 CURIE PRINTING COMPANY, INC. Business cards-Building Dept. 36.00
7241 CUTLER-MAGNER COMPANY Quicklime-Water Dept. 1,577.8'' -
7242 WARD F. DAHLBERG Wallpaper-Liquor Store Preserve 327.07
7243 DALCO Cleaning Supplies-Public Works 34.0?
7244 ALBERT W. DAY Softball official 143.00
7245 DESIGN STUMP REMOVAL Stump removal-Park Dept. 934.00
7246 EUGENE A. DIETZ Expenses 225.00
7247 DORIIOLT PRINTING Office supplies 483.9
7248 DORSEY, WINDHDRST, NANNAFORD Legal service 1,000.00
7249 DUSTCOATING, INC. Road Oil 4,224.00
7250 EDEN PRAIRIE LIONS CLUB 'Ad-Liquor Store Prairie Village Mall 100.0''
7251 EDEN PRAIRIE SCHOOL DISTRICT Fuel-Street Dept. Custodial Service 5,897.1C
7252 JANE EDWARDSON Refund-Rec Dept. 10.00
7253 ELVIN SAFETY SUPPLY, INC. Supplies-Water Dept. 25.1X
7254 ESS BROTHERS & SONS INC. Culvert-Street Dept. 165.0E
7255 VOID OUT CHECK
7256 EMPIRE-CROWN AUTO, INC. Equipment repair & parts 35.89
7257 F.Y.S. FRAMING Supplies-Police Dept. , 18.76
7258 FABRI-ClAPHICS Shirts-Eden Prairie Wrestling Club 187.75 •
7259 FINANCE DIVISION Aerial photo's-Forestry Dept. 288.00
7260 FINLEY BROS. ENTERPRISES Service 335.00 -
72 FIRE. CHIEF MAGAZINE Subscription-Fire Dept. 15.pO
726e FIRE SAFETY & COMMUNICATIONS Flare kit-Street Dept. 110.47
7263 FLOYD SECURITY Alarm system-Liquor Store Prairie Village Mall 200.7E
7264 FORESTRY SUPPLIERS, INC. Auger-Building Dept. 62.30
7265 GENERAL CINEMA THEATRE Expenses-Rec Dept. 90.00
7266 GENERAL COMMUNICATIONS, INC. Equipment repair & parts 1,676.00
7267 GLIDDEN COATINGS & RESINS Paint-Park Dept. 246.0'
7268 TAMI GOVERN Refund-Rec Dept. 28.00
7269 GRAHAM PAPER Paper 651.0C •
7270 JACK HACKING Expenses 46.67
7271 HARMON GLASS Plate glass-Liquor Store Preserve 38.00
7272 HAYDEN-MURPHY EQUIPMENT CO. Hitch-Street Dept. 67.85
7273 HENNEPIN COUNTY DIRECTOR Service 25.0
7274. HENNEPIN COUNTY FINANCE Service-Tree Debris 365.O.
7275 HENNEPIN TECHNICAL CENTER Equipment repair & parts 236.9k
7276 HOLMSTEN ICE RINKS Service-Eden Prairie Community Center 129,825.0:
7277 MARK HURD AERIAL SURVEYS INC. Topographic mapping 11,500.0::
7278 INFORMATION PUBLISHERS INC. Ads-Liquor Stores 135.9:
7279 INIERDESICN INC. Service 27,125.(1
7280 SCOTT JIRAN Refund-Rec Dept. 3.00
. 7281 BRIAN JOHNSON Refund-Rec Dept. 38.0C
7282 JOHNSON PAPER & SUPPLY CO. Towels-Park Dept. : 96.7: i
7283 KARULF HARDWARE, INC. Supplies-Forestry Dept. 39.9 + -
7284 JOSEPH J. KASID Softball official 143.0,
72n5 MARY KENYON Refund-Rec Dept. 38.Oe:
7' JENNIFER KEYON • Refund-Rec Dept. 13.51:
7287 KEVIN M. KOHLS Softball official 88.0h
7288 SHARON KOSKOVICH Refund-Rec Dept. 30.0.
7289 J. KRIS KYSTOFIAK Mileage • 89.1
729D LP-GAS EQUIPMENT Filter-Street Dept. ' 42.3•'
7291 GUST. LAGERQUIST & SONS, INC. Building repairs-Water Dept. 210.0,
iy
Page five
Ju' 7,' 1981
7292 LANDCO EQUIPMENT, INC. Equipment repair & parts 2,783.76
7293 M.E. LANE, INC. Insurance 91,405.0D
7294 LANG, PAULY & GREGERSON, LTD. Service 2,648.89
7295 LARSEN ENGINEERING CO. Dash lights-Police Dept. 75.00 .
7296 APRIL L1LJEDAUL Refund-Rec Dept. 7.00
7297 LIQUOR STORE SUPPLY CO. Supplies-Liquor Stores 22.0C
7298 LUTZ,TREE SERVICE, INC. Service-Forestry Dept. 310.0o
7299 LITHO TECHNICAL SERVICES Cards Assessing Dept. 118.00
7300 MACQUEEN EQUIPMENT INC. Bearings, shaft-Street Dept. 186.61
7301 ROBERT N. MARTZ Expenses, 160.00
7302 IATT'S AUTO SERVICE INC. Towing Service 44.03
7303 PETER MAYOU Expenses 80.00
7304 MCFARLANES' INC. Concrete-Park Dept. 106.D0
7305 MEDICAL OXYGEN & EQUIPMENT Oxygen-Fire Dept. 27.00
7306 SCOTT MELTON Refund-Rec Dept. 6.50
7307 METRO FONE COMMUNICATIONS Service 174.22
7308 METROPOLITAN WASTE CONTROL Sewer Service 40,314.05
7309 METROPOLITAN WASTE CONTROL May 1981 SAC charges 23,982.75
7310 MIDWEST ASPHALT CORPORATION Blacktop 1,704.40
7311 MINNEAPOLIS STAR & TRIBUNE Employment ad-Building Dept. 182.06
7312 MINNESOTA CASH REGISTER CO. Supplies-Liquor Store Preserve 120.63
7311 MINNESOTA GAS COMPANY Service 637.52
73 MINNESOTA MUNICIPAL LIQUOR STORE Dues 125.00
7315 MINNESOTA TORO, INC. Equipment repair & parts 182.79
7316 MINNESOTA VALLEY ELECTRIC CO-OP Service 19.25,
7317 MINNESOTA WANNER COMPANY Spray pump parts 38.08
7318 MINTER BROS.-A. WEISMAN CO. Candy bars-Rec Dept. 144.65
7319 MONARCH, INC. Tables-Fire Dept. 429.80
7320 ED MORIMOTO Softball official 88.00
7321 MS. PRINT, INC. Business cards-Police Dept. 90.00
7322 NATIONAL RECREATION & PARK Dues-Conmuunity Service 100.00
7323 DIANE NEEDHAM Instructor-Dog Obedience 150.00
7324 LANCE NEEDHAM Refund-Rec Dept 3.50
•
7325 NEW ENGLAND BUSINESS SERVICE Paper-Water Dept. 185.66
7326 NSP Service 15,691.40
7327 NORTHWESTERN BELL TELEPHONE Service 260.66
7328 TAI•IRE O'BRIAN Instructor-Rec Dept. 144.00
7329 GARY OTTERDAHL Softball official 44.00
7330 CHRIS PALM Instructor-Rec Dept. 4,196.80
7331 SHARON PALI1QUIST Refund-Rec Dept. 16.00
7332 PATCIIIN APPRAISALS INC. Appraisal Service 7,000.00
7333 PETER J. PATCHIN & ASSOCIATES Appraisal Service 877.50
7334 PATRICK PEREZ Softball official 198.00
•
7335 RALPH PEREZ Softball official 132.00
7336 PETTY CASH-PUBLIC SAFETY Expenses • 5.30
7337 PITNEY BOWES Equipment rental 74.39
7.7 S PRENEEI; SYSTEMS INC. Refund-Building permit 55.00
7;,,.i PREST COMPANY Switches-Water Dept. 146.59
7340 PROGRESSIVE. CONTRACTORS/1ST NAIL Retainer-Valley View Road Phase II 24,267.32 .
BANK OF MINNEAPOLIS
7341 CHUCK I'UFAIIL Softball official 154.00
7342 RADIO SHACK Alaimo-Liquor Store Preserve 69•9''
7343 RAINBOW MECIHANICAL INC. Service-Eden Prairie Community Center 51,750.0G
/` )
1
Page six
Jul 7',• 1981
•
7344 DAVID RAQIIET Supplies-Street Dept. 111.95
7345 REGISTER MEDIA, INC. Ads-Liquor Stores 118.0:o
7346 RIVERS EDGE TUBING Fee-Rec Dept. 10.00
7347 ROBAR ASSOCIATES, INC. Ads-Liquor Stores 109.71.
7348 SUSAN ROBI3INS Refund-Rec Dept. 14.00
7349 ROBLRTS DRUG Supplies-Fire Dept. . 14.09
7350 ROBERTS LITHD, INC. Sunnier Recreation brochures 1,191.0'
7351 KEVIN ROHE Mileage 3.0'
7352 RDOT-O-MATIC SEWER SERVICE Service 241.50
7353 KEEL ROSS Refund-Rec Dept. 10.00
7354 JEFF ROY Expenses' 90•0C
7355 S & S ARTS & CRAFTS Supplies-Rec Dept. 65.5'
•
7356 STEVE SCHELL Refund-Rec Dept. • 3.50
7357 SCHOOL DISTRICT 270 Expenses 12.1?
7358 KATHY SCHUMACHER RN Tests 75.0E
7359 SEARS, ROEBUCK & CO. Coveralls, window shades 417.50
7360 CITY OF SHAKOPEE Fiscal disparities 1,500.00
7361 BRIAN SIEVERTSON Softball official 154.00
•
7362 SNAP PRINT Newsletter-Senior Citizens 59.80
7363 SON OF A PRINTER, INC. Printing-Rec Dept. 8.96
7364 SOUTHWEST SUBURBAN ADVERTISER Ad-Building Dept. 68.20
7365 SOUTHWEST SUBURBAN PUBLISHING Ads-Liquor Store 26.64
73 SPORTS WORLD Cases, plates-Park Dept. 1,045.4C
73b, JAMES STODOLA Refund-Rec Dept. 3.50
7368 STEPHEN SULLIVAN Mileage 8.0C
7369 SULLIVANS SERVICES, INC. • Service-Research Road 50.06
7370 SARAH SWARTOUT Refund-Rec Dept. 8.00
7371 TARGET STORES, INC. Supplies-Rec Dept. • 10.9'
7372 DAVID TATE Refund-Rec Dept. 26.00
7373 TELE-TERMINALS Paper-Finance Dept. 69.82
7374 TIERNEY BROTHERS, INC. Supplies-Park Dept. 89.95
7375 CARRIE TI•ETZ Minutes-Park & Rec Commission meetings 47.50
7376 TITLE INSURANCE Overpayment on special assessments 1,210.35
7377 TOWNS EDGE FORD, INC. Equipment repair & parts 44.33
7378 TRI-STATE DRILLING & EQUIPMENT Pump-Water Dept. 28.8''
7379 TRIARCO ARTS & CRAFTS Supplies-Rec Dept. 172.31
7380 TYPE HOUSE+DURAGRAPH Supplies-Community Services 179.00
7381 FORT SNELLING Expenses • 20.02
7382 TWIN CITY PRICING & LABEL Bag sealer & tape-Liquor Store Preserve 41.40
7383 UNIFORMS UNLIMITED Uniforms-Police & Fire Dept. 1,135.6!.
7384 URBAN LAND INSTITUTE Book-Community Services 14.02
7385 VAN WATERS & ROGERS Chlorine & sulfate 550.3!,
7386 WATER PRODUCTS COMPANY' Water meters-Water Dept, Spade-Building Dept. 2,312.7
7387 WEAVER ELECTRIC COMPANY Service-Eden Prairie Community Center 11,578.5: -
7388 HELMUT WENSHAU Softball official 275.0"
7389 SANDRA F. WERTS Mileage 48'1`
730n WEST SUBURBAN ELECTRIC Equipment-Liquor Store Preserve 160,2; j
7, WHEELER HARDWARE CO. • Lock•& Keys-City Hall 262.7' 1
7392 STEVE WILSON Refund-Rcc Dept. 76.0c'
7393 FRANK WAILER Mileage 9.2:'
�
Refund-Rec Dept. • 2J'`'�'
7394 BONNIE WOLFEP �
7395 BRIAN WOLFE Refund-Rec Dept. c0.5 2 5c
7396 CHAD C. WORTMAN Refund-Rec Dept.
14`K)
Pa( 3'Bven
July 7, 1981
7397 LISA WOXLAND Refund-Rec Dept. 5.00
7398 ZECO COMPANY Hard hats-Street Dept. 12.00
7399 CHARLTON-WCCLAY INC. Bags-Liquor Store Preserve 150.00 -
7400 COMMUNITY DANCE CENTER Aerobic Dance Classes 830.00
74D1 ROZ BURNSTEIN Mileage : 4..40
7402 NORTHERN STATES'POWER COMPANY Service 150.00
7403 BOB LAMBERT Expenses 150.00
7404 FORT SNELLING Expenses-Rec Dept. 4.50
7405 HOPKINS POSTMASTER Postage 124./1(1
7406 MINNESOTA RECREATION & PARK Softball fee 1.135.00
7407 PAUL M. WELIN Softball official 154.00
TOTAL $72l,328 3
•
•
•
•
• /L141
•
MEMO
TO: Mayor and City Council
FROM: Chris Enger, Director of Planning
THROUGH: Carl Jullie, City Manager
DATE: July 1, 1981
REGARDING: Unauthorized construction on the property owned by ADI
known as City West •
LOCATION: West of US 169/212, north and east of new Shady Oak
Road and south of the 62 Crosstown
Scott Anderson of Anderson Development Inc.(ADI) appeared before the !
Planning Commission at their June 8, 1981 meeting for presentation i
of a 40± acre industrial park west of St. John Woods called Westwood
Industrial Park.
At this meeting, under New Business, Commission member Torjesen asked
. ' Mr. Anderson what the construction was that was going on in the center
of City West property? Mr. Anderson replied that a road was being
constructed, but that it had the approval of the City Manager and
City Planner, and that it was an inconsequential amount of grading("the
bulldozer hardly lowered his blade"). I assured the Planning Commission
that I had not given my permission and that I would check with the
City Manager and would personally visit the site.
I visited with the City Manager, who was completely unaware of any
construction along new Shady Oak Road other than the sewer line
construction.
I inspected the site during the week of June 8th and found that a
development road approximately one-half mile long had been graded in
and overlain with gravel. No permits had been taken out, no erosion 6
control was in place, and the road had been constructed through some }
woods and erosion was apparent.
I reported this to the Planning Commission at their June 22 meeting.
The Planning Commission feels that there has been a consistent history
of construction without regard to City approvals by ADI. The City
West site is a sensitive and very attractive site which demands careful
review. The Commission wishes to report this problem to the Council
and recommend that any and all possible actions be taken to assure
that ADI does not continue operating in this manner. .
CE:jj
14q 2
Unapproved
Planning Commission Minutes -7- June 22, 1981
MEMBERS ABSENT: Liz Retterath•
VII. PLANNER'S REPORT
Torjesen expressed his concern over the construction going on without permits
at City West.
The Commission agreed that a motion should be made to ask the City Council to
pursue any sanctions for the City West project.
MOTION
Torjesen moved to ask the City Council to pursue any and all avenues of recourses
against ADI. Levitt seconded, motion carried 6-0.
•
•
• approved
Planning Commission Minutes -7- June 8, 1981
MEMBERS ABSENT: Retterath, Gartner, Hallett
VII. NEW BUSINESS
gr
Torjesen asked Mr. Anderson (still present from Westwood) what the
status of the road is'in City West. Anderson replied it is access for
the engineers to the site.
•
•
r;C
rr. .
1�1U 3
Unapproved
Planning Commission Minutes -1- June 22, 1981
{ ' MEMBERS ABSENT: Liz Retterath
A. FAIRWAY WOODS 3RD, by Laukka & Associates. Request to pre-
liminary plat 15 acres zoned RM 2.5 for 120 condominiums.
Located northwest of existing Fairway Woods Condos. A public
hearing.
Bearman stated that the Fairway Woods Homeowners Associations for Fairway Woods I
and II have submitted a petition which should be made part of the minutes.
The Planner reviewed the request and stated that Mr. Frank Burg, BRW,
and Mr. Larry Laukka were present to give the presentation.
Burg reviewed the location and surrounding land uses. He stated that they are
proposing to develop the land in four phases. He reviewed the sanitary sewer
system, water system and the final connection for the watermain, and stated
that the grading conforms to City requirements made at the time the site plan
was approved.
•
The Planner reviewed the staff report dated 6/18/81 and stated that the City
Staff suggests there be a sidewalk installed along one side of the through road
because of the amount of traffic generated in this dense of an area.
Levitt asked the amount of parking. The Manner 'replied that the ordinance
requires 1 exterior and 1 inter;or parking space per unit. He further stated that
the proponent has provided 1 garage space/unit and one exterior space directly,
behind the garage. Since the ordinance requires that spaces be unobstructed,
additional guest parking is provided off the street at the rate of .5/unit.
Torjesen asked the reasoning for a continuous sidewalk, uninterrupted by the
blacktop cross driveways. The Planner replied that smooth continuity of the
sidewalk was important, and that the driveways were more able to match the
sidewalk grade with bituminous than vice versa.
Torjesen questioned the recommendation for curbing of the parking areas in the
staff report. The Planner stated that 1) it is contiguous to public road with
curbing; 2) it provides a clean break between parking and the lawn; 3) curbing
prevents asphalt from flowing and therefore will prolong its life; and 4) curbing
is part of the storm sewer system.
Torjesen expressed his concern for the amount of concrete on the site. The Planner
replied that these were engineering requirements necessary for the proper main-
tenance and service of the site.
•
lggq
1 -
Unar roved
Planning Commission Minutes -2- aune 22, 1 '1
Burg reviewed the location and surrounding land uses. He stated that they are
,proposing to develop the land in four phases. He reviewed,the sanitary sewer
system, water system and the final connection for the watermain, and stated
that the grading conforms to City requirements made at the time. the site plan
was approved.
The Planner reviewed the staff report dated 6/18/81 and stated that the City
Staff suggests there be a sidewalk installed along one side of the through road
because of the amount of traffic generated in this dense of an area. •
Levitt asked the amount of parking. The Planner replied that the ordinance
requires 1 exterior and 1 interior parking space per unit. He further stated that
the proponent has provided 1 garage space/unit and one exterior space directly.
behind the garage. Since the ordinance requires that spaces be unobstructed,
additional guest parking is provided off the street at the rate of .5/unit.
Torjesen asked the reasoning for a continuous sidewalk, uninterrupted by the
blacktop cross driveways. The Planner replied that smooth continuity of the
sidewalk was important, and that the driveways were more able to match the
sidewalk grade with bituminous than vice versa.
Torjesen questioned the recommendation for curbing of the parking areas in the
staff report. The Planner stated that 1) it is contiguous to public road with
curbing; 2) it provides a clean break between parking and the lawn; 3) curbing
prevents asphalt from flowing and therefore will prolong its life; and 4) curbing
is part of the storm sewer system.
Torjesen expressed his concern for the amount of concrete on the site. The Planner
replied that these were engineering requirements necessary for the proper main-
tenance and service of the site. •
Bearman asked why there will only be 1 tennis court. Laukka replied because of
floodplain requirements and the amount of fill needed for two.
Laukka stated that they will install the sidewalk but stated that the neighbors
do not want it constructed. He stated that he felt that a sidewalk will encourage
pedestrian traffic to get from Mitchell Road to Valley View Road.
Don Anderson, 14312 Fairway Woods Drive, representing the Homeowners Association,
stated that they oppose the sidewalk because it will eliminate !2 of the knoll
which is presently used as a buffer. He also asked the status of the hikeway/
bikeway trail that is being constructed by the City. The Planner replied that the •
trail will link with Valley View Road and Mitchell Road.
Levitt stated the he felt that people would use the sidewalk if constructed instead
of the street.
Levitt asked the width of the street now. Anderson replied 20' but 8 more will be
added. The Planner stated that 28' will include the curb with 6' of boulevard and
a 5' sidewalk.
• Hallett asked if the sidewalk could be reduced in width. The Planner replied he
would talk to the City Engineer regarding that issue and about the parking along
the ROW.
•
Steve Ch•erne, 6931 Raven Court asked if congestion would be caused on the streets
by Edenvale 14th Add. The Planner stated that Mitchell Road will be able to •
handle the traffic, while Valley View Road is,planned as a 4 lane road in the
future. 1ij4
Unapproved
Plaoring Cc.mission Minutes -3., June 22, 1981
Joe Moran, 15820 So. Eden Drive asked if the sidewalk will be paved, and compli-
mented the work done in the Purgatory Creek Valley in the•Minnetonka area which
is made of fine gravel. The Planner replied the sidewalk would be concrete,
because it would be within the road ROW in a heavy use area.
Sutliff asked how the road will be finished. Burg replied that it will be built
to the end of the 1st phase with a temporary turn-around, and with the second
phase would be completed all the way north to Valley View Road.
MOTION 1 •
Gar.tner moved to close the public hearing on Fairway Woods 3rd preliminary plat.
Sutliff seconded, motion carried 6-0.
MOTION
Gartner. moved to recommend to the City Council approval of the Fairway Woods 3rd •
preliminary plat dated 5/29/81 as per the 6/18/81 staff report eliminating para-
graph #2 of background, and 1/1 of the recommendations. Levitt seconded.
DISCUSSION
Sutliff asked that�a temporary turn-around be done as phases are completed. Gartner
agreed. The Planner stated that there has been talk with the engineering department
and that it has been decided that a temporary turn-around will be put in, but when
phase II is finished, the road will continue to Valley View Road.
Torjesen stated that he felt that that would add to the asphalt problem.
Hallett stated that he would like to see a sidewalk but further stated that it
should be reduced. Bearman stated he agreed.
AMENDMENT TO MOTION
Torjesen moved to amend the motion adding the provision that staff be instructed
to work with the developer to work out the sidewalk problems. Hallett seconded,
motion carried 3-1-2. (Bearman, Torjesen, and Hallett voted 'aye', Levitt voted
no, and Sutliff and Gartner abstained)
Original motion as amended, carried 6-0.
•
lyy(.
•
•
•
June 18, 1981
•
Mayor Wolfgang Fenzel
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Mn. 55343
Dear Mayor Fenzel:
•
The Homeowner Associations of Fairway Wood, I and II, have reviewed the final •
plans of the amended Fairway Woods development plan as approved by the city
council. We note a requirement in the approval calling for a 5' wide concrete
sidewalk within the right-of-way of proposed Fairway Drive extending from
Mitchell Road to Valley View.
The original Fairway Wood plan set forth Fairway Drive as a private road. That
portion of Fairway Drive, constructed when the original first phase was developed,
is and has been privately owned and maintained. The amended plan, one that our
associations concur with, calls for the existing road to be rebuilt to public
standards and dedicated to the city simultaneous with the development of the
first phase of the amended plan. The sidewalk requirement apparently is part
of that consideration.
Our associations have considered this requirement and have concluded that we
would prefer not to have the sidewalk constructed. We feel that the sidewalk
is unnecessary and that its inclusion would encourage outside pedestrian through
traffic between Valley View and Mitchell Road. We further concluded that any .
additional hard surface material would only detract from our serene setting.
We have discussed this matter with Mr. Laukka, Laukka $ Associates, and he
suggested that we write to you regarding our concerns. We are willing to
appear at the city council when Mr. Laukka comes before you with his final
plan to further advance our position.
We look forward to the continuation of this development and would appreciate
your consideration of this request.
FAIRWAY WOOD IIOAIEO ER'S ASSOCIATION
•
•
•
FAIRWAY WOODS CONDCt'1INIUM I ASSOCIATION
By /4:e.-_-k.-c
ts ;n2C�ctlra. I
FAIRWAY WOODS CONDOMINIUM II ASSOCIATION `
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STAFF REPORT •
TO: Planning Conm ission
FROM: Jean Johnson, Assistant Planner •
THROUGH: Chris Enger, Director of Planning
DATE: • June 18, 1981 •
PROJECT: FAIRWAY WOODS 3RD ADDITION PLAT •
•
APPLICANT: Larry Laukka & Associates
•
BACKGROUND
Dec. 8,:80 the Planning Commission reviewed and approved the PUD Amendment
of the 120 condominiums proposed by Laukka & Associates as per the staff
report, Highway letter, and Watershed District's recommendations.
The submitted plat responds to the staff report recommendations as follows:
1. Review and approval by the City Engin •
-
Plat •
• eering Department, the Hennepin County
Highway Department and the Riley-Purg- Accomplished
atory Creek Watershed District.
2. Incorporation of a sidewalk and trails
to provide circulation along the public Depicted on plat
road and access to the pool and tennis
• courts.
3. Protection of the oak wooded hill by
fencing prior to-construction. Committed to
4. Parking areas along the public street
shall be hardsurfaced and completely
out of the R.O.W. Depicted on'plat
The City Council approved the revised PUD as per the Conmisssion's recom-
mendations at their January 20, 1981 meeting.
PRELIMINARY PLAT
The Planning Staff recommends approval of the preliminary plat subject
to the following:
1. That the concrete sidewalk be constructed across all drives, not on
either side as depicted upon the 5/18/81 plan.
2. That a petition from Fairway Woods 1, 2, & 3 be submitted to City for
construction of Fairway.Drive to City standards from Mitchell Road
• to Valley View Road. This will require Edenvale and Fairway Woods
1 & 2 granting the City the necessary easements to allow part of the
50 foot rinht-of-way to be upon their property along with plans de-
picting a golf cart path and reshaping of the berm upon the Edenvale
property.
Staff Report-Fairway Woods 3rd page 2
•
3. Parking pads off of Fairway Drive must be constructed with curbing.
4. Developer must field stake with City Staff the construction limits
around the wooded hill and install a snow fence barrier for protection
prior to site work.
5. Tree plantings within the right-of-way as depicted upon the 5/18/81 plat
must be relocated to private property.
6. All signs must conform to Ordinance 261. •
7. The change from 2 tennis courts to 1 court be permitted as it requires
less fill of the floodplain and conforms to Watershed District requirements.
8. All grading and utility plans be subject to Engineering Department
review and approval.
9. Developer should redesign the golf cart crossing of Fairway Drive &submit it to tF;_
Planning Director for review and approval. Said redesign should re-
locate the western golf cart lane approximately 120 feet northward
and the eastern land approximately 70 feet northward. Said golf cart
.crossing should be clearly marked with signage and pavement cross marks.
• The redesign will produce a direct crossing without approaching so
close to any units.
10. That front yard setback variances be permitted under the PUD and as
depicted on the 5/18/81 plat.
JJ:ss
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"-‘1)71717
/WINING/TRANSPORT.TI0NIENGINEERiNGIARCHITECTURE
Juno 2, 1981
FAIRWAY WOOS
Based upon the recommendations made by City staff, Planning Commission and City �=
Council the Fairway Woods plan has changed slightly. The total number of units
has not changed. There are still 120 units within 4-piex and 8-plex condominium
buildings. The proposal still contains a 50 foot public right-of-way with a 28
foot roadway. All guest parking has been shifted out of The public right-of-way.
A 5 foot concrete sidewalk has been shown extending from Valley View to Mitchell.
In addition, bituminous paths have been shown connecting to the one tennis court.
The project has been reviewed by the Riley-Purgatory Creek Watershed District
and has been approved by the board. It is the intent of Laukka and Associates
to begin with Phase I (36 units) as soon•as possible.
•
There was one recommendation that the possibility of an underpass be explored to
facilitate the golf course movement under the proposed public roadway. This was
explored but was found to be technically impossible since there are existing
water and storm sewer lines running parallel under the roadway. To provide suf-
ficient cover over or under these utilities the approaches for the underpass
would have to begin within the golf course property and the underpass so deep
there would be no way to provide drainage.
In summary, the initial submission has not been altered other than to
incorporate the City's recommendations and suggestions.
JL/vp
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I(ISU
MIHE$,ENNGROSE WOESPELD.AAAYIs OANDNER.INC. We ONNERSfY AVE 6 E. MINNEAPOLIS.:041116114 -PHONE Olt/SM NON
CITY OF EDEN PRAIRIE •
HENNEPIN COUNTY, MINNESOTA
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RESOLUTION NO. 81-124
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF FAIRWAY WOODS 3RD
DE IT RESOLVED by the Eden Prairie City Council as follows:
That the preliminary plat of _Fairway Woods 3rd
dated May 29, 1981 , a copy of which is on file at the City Hall
and amended 55 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
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IUSI
Fairway l'‘eeds
1981 Building
• DEVELOPER'S AGREEMENT •
THIS AGREI:'4:^T, made and entered into as of , 1981
by and between LAUKKA ASSOCIATES, a Minnesota partnership
hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City",
k'I TNESSL'TU:
WHEREAS, Owner has applied to City to amend the Edenvale PUD 70-04
site plan for approximately 15 acres, situated in Hennepin County, State
of Minnesota, more fully described as Lot 3, Block 1, Edenvale 1st Addition
and Lots 1 - 8 , Block 1, Fairway Woods 1st Addition, hereafter referred
to as "the property", and
WHEREAS, Owner desires to develop the property for construction thereon
of 10 buildings containing 8 residential living units each and 10 buildings
containing 4 residential living units each or an aggregate of 120 units.
This project consisting of 120 units will be constructed in four phases,
containing the following number of units and as shown on the attached
Exhibit "A":
Phase 1: 36 units
Phase 1I: 40 units
Phase III: 24 units
Phase IV: 20 units
Total 120 units
NOW llIEREPOPE, in consideration of the City granting approval of the
revised Edenvale PUD 70-04 site plan, and adopting Resolution 81-11, Owner
covenants and agrees to construction upon, development, and maintenance
of said property as follows:
1. Owner shall plat and develop the property in conformance
with the material dated December 8, 1980 reviewed and
approved by the City Council on January 20, 1981 and
attached hereto as Exhibit B, subject to such changes and
.modifications as providcdTierein. Owner shall not develop,
construct upon, or maintain the property in any other
respect or manner than provided herein.
IL'S2—
Ik vclopor's Agreement•}'ain:av hoods page 2
2. clrer covenants and agrees to the performance and observance
by (haler :rt. :=uch times and in such manner as provided therein
of all of t e terms, covenants, agreements, and conditions •
set forth in Exhibit C, attached hereto and made a part
thereof.
3. Caner shall, prior to the issuance of any building permit
upon the property, submit to the City for review and approval
the following:
•
a. A detailed development plan depicting the public •
road crossing between the 1.2th green area and the
13th tee of the Edenvale Golf Course. •
. b. Landscaping and berming plan protecting the property
and improvements thereto from played golf balls along
the 12th fairway.
4. Owner shall, concurrent with street and utility construction
upon the property, construct the following:
a. A 5 foot wide 4 inch thick concrete sidewalk
within the right-of-way of Fairway Drive com-
mencing at Mitchell Road extending northeasterly
• to Valley View Road.
b. A G foot wide 4 inch thick deep strength asphalt
pathway from both cul-de-sacs to the. recreational
area as depicted in red on Exhibit B.
5. Caner shall convey a 50' right-of-way and make improvements
to existing Fairway Drive according to the recommendations of
the City Engineer after which the Owner shall convey Fairway
Drive to City and Public for public road purposes. •
6. Owner shall install and maintain during the construction period, •
snow fencing in a location which circles and protects the
wooded (moll as depicted in green on Exhibit B.
7. Owner shall not construct parking surfaces within the public . ,
right-of-way of Fairway Drive.
8. Owner shall apply for and receive approval of an entrance {�
permits giving access of Fairway Drive to Valley View Road and
Mitchell Road from the Hennepin County Highway Department of i.
Transportation.
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D..velo;..pr' ;1(cm'nt-l:linay Woods page 3 1
IN']i17NESS I1IEI?JOF, the parties to this Agreement have,caused these
presents to be executed as of the day and year aforesaid.
CITY:
Wolfgang H. Penzel, fayor
Carl J. Jullie, City Manager
STATE OF'M1 1i:SOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1981 by Wolfgang 11. Penze], 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
OWNER:
LAUKKA ASSOCIATES
BY Lawrence A. Laukka
STATE OF MINNESOTA)
) SS.
COUNTY OF H NNEPIN)
i foregoing instrument wa, aclmowledged.+hefore me this A 4 day of
.��-1�� , 1981 by 6,9te°,r/Cf/J L 9e6F,'i<'its Viet 7m-/e-JLM7
III ,�:, n<.J
i�= �, GOROA M.OLSEN G 0
Li NOIA: K'
Y euc•MINNESOTA 1.. /,
I\11 �t, DAKOTACOUNTY ary Public
�1\.. My Cummqupn Eapues Aug 29,1YE6
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EXHIBIT B '
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PISS Dec. 8, 1980
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DEVELOPER ' S AGREE ?LENT
EXHIBIT C
page 1 of 5
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I. The developer shall plat the entire parcel of land, to setforth the
blocks involved in phasing and to dedicate the public right of way
to be known as Fairway Drive.
II. The construction of the public improvements shall be completed concurrent
with the phasing of construction, with the following exceptions:
A. The water main at the junction of Fairway Drive and Valley View Road
will he connected, tested and placed into operation as a part of
Phase'I construction, and
B. The improvements to Fairway Drive to Valley View Road will be under-
taken as a part of Phase II construction. i.
III. Prior to release of final plat, Owner shall submit to the City Engineer
for approval two copies of a development plan (1"100' scale) showing
existing and proposed contours, proposed streets and lot arrangements
and size, minimum floor elevations on each lot, preliminary alignment
and grades for sanitary sewer, watermain and storm sewer, 100 year
flood plain contours, pending 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.
IV. Owner shall submit detailed construction and storm sewer plans to the
Riley Purgatory Creek Watershed District for review and approval.
Owner shall follow all rules and recommendations of said Watershed
District.
V. Prior to the dedication, transfer or conveyance of any real property 91
or interest therein to the City as provided herein, Owner shall
deliver to the City an opinion addressed to the City by an Attorney, 19
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.
I i1S1
Pare 2 of 5 Fshitit. C
VI. A. In accordance with paragraph II herein stated the phasing of all
• sanitary sewer, watennain 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
Caner F, 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 mar 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 he for a period of three
(3) years following said completion and acceptance. Defects in
material or workmanship shall be determined by the City Engineer.
Acceptance 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 delivered
to the City Engineer within 60 days of.completion thereof together
with a written statement from a registered engineer that all improve-
ments have been completed, inspected and tested in accordance with
City-approved plans and specifications. Prior to final plat recording,
or issuance of any building permit, if no final plat is required,
Owner shall:
Submit a bond, letter of credit, or acceptable substitute,
for the phase of construction proposed which guarantees
completion of al] improvements within the times provided,
upon the conditions, and in accordance with the terms of •
this subparagraph V1. A., including but not limited to,
a guarantee against defects in materials or workmanship
for a period of two (2) years following completion and
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acceptance of the improvements by the City Engineer. The
amount of the bond or letter of credit shall be 1250 of
the estimated construction cost of said improvements
within the phase of construction under consideration,
subject to reduction thereof to an amount equal to 25%
of the cost of the improvements after acceptance thereof
by the City Engineer, and receipt of as-built drawings.
The bond or letter of credit shall he 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.
LiSU
Noe of 5 l:yhihit C
B. In lieu of obligation imposed by subparagraph VI A, above, Owner
may submit a 100i petition signed by all owners of the property
requesting the City to install the improvements. Upon approval by
( the City Council, the City may cause said improvements to be made
and special assessments for all costs for said improvements will
be levied on the property, except any property which is or shall
he dedicated to the public, over a five year period. Prior to the
award of any contract by the City for the construction of any
improvements, Owner shall have entered into a contract for rough
grading of streets included in the improvements to a finished sub-
grade elevation. Contractor's obligation with respect to the rough
grading work shall be secured by a bond or letter of credit which •
shall guarantee completion, and payment for all labor and materials
expended in connection with the rough grading. The amount of the ,
bond or letter of credit shall be 1250 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 review
and street signs.
VII. 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 l 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 VT 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) (Mier 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 he level with the top of the curb at the curb
line and rise I' for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and grade until
such time as the streets and improvements in the property are accepted
for ownership and maintenance by City. .
Omer shall also sod all drainage wales serving each 1.5 acres a •
minimum distance of 6 feet on either side of the center of the Swale.
Omer shall indicate, on applicable marketing information that the
tennis court will not be included in the Phase I improvements.
IUS9 •
Pue 4 of 5 I.xhibit C
C. The bond or letter of credit provided in paragraph VI A. hereof shall
also guarantee the performance of Owner's obligations under this
• paragraph VII.
VIII, If Owner fails to proceed in accordance with this Agreement within 24 months
of the date hereof, Owner for itself, its successors, and assigns shall not
oppose rezoning of said property to Rural.
IX. Provisions of this Agreement shall be binding upon and enforeceable against
C ner, its successors, and assigns of the property herein described.
X. Omer represents and warrants it owns fee title to the property free and
clear of mortgages, liens and other encumbrances, except:
XI. In the event there are or will be constructed on the property, 2 or more
streets, and if permanent street signs have not bee installed, Omer
shall install temporary street signs in accordance with recommendations
of the City Building Department, prior to the issuance of any permit to
build upon the property.
XII. All improvements including grading, seeding, planting, landscaping,
equiping, and constructing of any structure to or upon any of the
property or other lands to be conveyed or dedicated to the City or for
which an easement is to be given to the City for park or other recre-
•
ational purposes, shall be completed by Owner $ acceptable to the
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Director of Community Services and shall he free and clear of any lien,
claim, change, 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 comments against any defect in materials
or workmanshiTor 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 worlomanships shall be determined by the Director of Community
Services. Acceptance of improvements by the Director of Community Services
may be subject to such conditions as he may impose at the time of acceptance.
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Qwner, through his engineer, shall provide for competent daily inspection •
during the construction of all improvements. Prior to final plat recording, •
•
or issuance of any building permit, if no final plat is required, Owner i
shall: •
• J.
Submit a bond, letter of credit, or acceptable substitute,
which guarantees completion of all improvements for the
1.
phase of construction proposed within the times provided, i
upon the conditions, and in accordance with the terms of
subparagraph VI A., including but not limited to, a
guarantee against defects in materials or worls�anship a
for a period of two (2) years following completion mid • 3
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 Director of Community
Services shall he 125% of the estimated construction
cost of said improvements, subject to reduction thereof
to an amount equal to 25% of the cost of the improvements
• after acceptance thereof by the Director of Coumumity
•
Services. The bond or letter of credit shall in such
.
Iu(k0
,5.
Pare 5 of 5 Exhibit C
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 Conmiunity Services a written
estimate of the costs of the improvements.
XIII. Cwner acknowledges that the rights of City to performance of obligations of
owner contemplated in this agreement are special, unique and of an extra-
ordinary character; and that in the event that owner violates or fails •
or refuses to perform any covenant, condition or provision made by him
herein, City may be without an adequate remedy at law. Owner agrees,
therefore, that in the event he violates, fails or refuses to perform
any covenant, condition or provision made herein, City may, at its option,
institute and prosecute an action to specifically enforce performance of '
such covenant. No remedy conferred in this agreement is intended to be
exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of any one or more remedies shall not constitute
a waiver of any other remedy.
XIV. Any term of this agreement that is illegal or unenforceable at law or in
equity shall be deemed to be void and of no force and effect to the extent
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of the terms
of this agreement shall be fully enforceable.
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.
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1461
Unapproved
Planning Commission Minutes -5- June 22, 1981
MEMBERS ABSENT: Liz Retterath
• •
C. THORN CREEK PLAT, by Meat Cutters Pension Fund. Request for
preliminary plat approval of 8 lots on 61 acres for commercial
and office uses. Located west and adjacent to US 169-212 and
north of Valley View Road. A public hearing.
The'Planner stated that this was approved as a PUD Concept in 1980 and further
stated that rezoning would come in the future. He introduced Mr. David Kirscht
and Mr. Rick Sathre representing the Meat Cutters.
Kirscht gave a brief slide presentation which covered.the location, drainage,
the approved plan, the modified plan, roads, grading plan, slopes, access points,
and vegetation.
Sathre reviewed the elevations, and stated that the proponent will comply to the
recommendations of the staff report but have concerns regarding the retaining
wall, the sidewalk, and the additional 17' of ROW to be added to Co. Rd. 39.
The Planner reviewed the staff report dated 6/19/81 and explained his concerns for
the retaining wall; 1) the liability problem, and 2) that the details have not been
done. He also stated that he would talk with Hennepin County about the 17' of ROW.
Levitt asked the uses that are approved. The Planner replied office, restaurant and
office/residential.
Hallett stated that he felt that a sidewalk was unnecessary for this project.
He also asked the cost of the sidewalk to the developer. The Planner r^plied approx.
$8-10 per lineal foot.
Leo Utecht, Administrator for the Meat Cutters, stated that he felt that a sidewalk
is not practical.
Paul Enblan, 10610 Valley View Road, stated that he favors the revised plan and that
he likes the preservation of the trees.
Sutliff asked if the office/residential buildings would be high-rise buildings.
Utecht replied they would be 10-20,000 sq. ft. 1 or .2 story, buildings where
people could live.
Kirscht stated that the proponent is working on the boulder retaining wall problem.
Torjesen stated that he was concerned about the two access points onto Valley View
Road and asked if the northern access has been aligned with Michelangelo Gardens. Kirscht
replied that the proponent will be coining back for signage so people will know
which road is the main entrance, and that the northern road does align.
MOTION 1
Torjesen moved to close the public hearing on the Thorn Creek Plat. Gartner seconded,
motion carried 6-0. '
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42--
Unapproved
Planning Comc.ission Minutes -6- June 22, 1981
MOTION 2 ,
Torjesen moved to recommend to the City Council approval of the preliminary plat
dated 5/18/80 as per the staff report dated 6/19/81 with the following changes:
1. Delete #8 of the staff recommendations and insert 'ask City
Staff to work with the Highway Department concerning the
right-of-way to be dedicated along Co. Rd. 39.
ADD:
10. Ask Staff to work with the developer to come up with a
solution for a pedestrian circulation concept,
11, Ask Staff and developer to work on access, saving trees,
and that if structures are to be in the ROW, that they be
approved by the City Engineer.
Sutliff seconded.
DISCUSSION
Hallett stated that if the proponent would come back requesting condominiums, he
would like to see a sidewalk, but did not feel it was necessary in this project. •
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Motion carried 6-0.
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1y(.3
3¢g
STAFF REPORT
TO: •Planning Commission
FROM: Chris Enger, Director of Planning
DATE: June 19, 1981
•
SUBJECT: THORN CREEK
FEE OWNER & APPLICANT: Meat Cutters Pension Fund
REQUEST: Preliminary platting of 61.3 acres
LOCTION: In the NE quadrant of 169/212 and
Valley View Road
BACKGROUND
Thorn Creek PUD Concept was approved in 1980 by the City Council. The
current proposal for platting is consistent with the original planned
unit development.
The purpose of the platting at this time is to provide road right-of-way
to install necessary utilities and to provide City street within portions
of the property in order that individual lots may be sold. The intent of
the grading is to prepare generally the road right-of-way only and the
majority of the lot areas will be preserved as they exist pending individual
site plan review and zoning approval.
Included with this information is a letter from Hennepin County dated June 12,
1981 stating the need for additional right-of-way (17') for Valley View Road.
The County also has reviewed the site line from both County road proposed
accesses and finds them acceptable according to the grading plan dated 5/18/81
which creates better site lines in each case.
Required in the planned unit development but not illustrated in these plans was
a sidewalk within the project area. Staff would recommend that as..a part of the
roadway construction a 5' wide concrete sidewalk be constructed along one side
of the main loop road within the right-of-way.
An extensive retaining wall of boulders is required on the eastern access to
Valley View Road on the eastern side of the property. Staff would recommend
that all retaining wall work be kept completely out of the right-of-way area
because of liability and maintenance problems in the future,
RECOMMENDATIONS
The Planning Staff would recommend approval of the preliminary plat for Thorn
Creek dated 5/18/B1 subject to the following items:
1. That cash park fee would be applicable to this project.
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2. An erosion and sedimentation control plan must be submitted and approved
by the Nine-Mile Creek Watershed District prior to any construction on the
property. •
NIA
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Staff Report-Thorn Creek page 2
3. Grading would be limited to the amount of grading illustrated on the
grading plan dated 5/18/81 until such time as detailed site plans for
individual sites were submitted pending rezoning.
4. In'wooded areas, construction limits must be fenced according to City
Staff approval prior to any construction on the property and the fencing
should be maintained during construction in order to protect trees de-
• noted as saved on the presented plan.
5. Lot 4, Block 1, and Lots 2 & 3, Block 3, should not be zoned without an
appropriate plan of final action for connecting the road prior to occup-
ancy contemplated on these lots through the Michelangelo area to the
north of this plat.
6. The intensity of development anticipated for this planned unit development.
will be evaluated against the original proposal which was approved for
the PUD.
7. Grades on the roads should not exceed 71%.
8.• 17 additional feet of right-of-way should be dedicated along Co. Rd. 39.
9. Complete site restoration will be required immediately upon completion
of grading proposed for the project.•
CE:ss
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DEPARTMENT OF TRANSPORTATION ��" �
320 Washington Av. South j=,����
Hopkins, Minnesota 55343
HENNEPIN
_it
935-3381
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June 12, 1981
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• Mr. Chris Enger
Director of Planning
City of Eden Prairie
8950 Eden Prairie Road •
Eden Prairie, Minnesota 55344
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Dear Mr. Enger:
RE Proposed Plat - "Thorn Creek"
County Road 39 NE Quadrant TH 169/212
Section 12, Township 116, Range 22 •
Hennepin County Plat No. 934
Review and Recommendations
Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review
or proposed plats abutting County roads. We reviewed the above plat and found
it acceptable with consideration of these conditions:
-For future improvements to County Road 39, the developer should dedicate an
additional 17 ft. of right of way making the right of way 50 ft. from the
center of County Read 39.
-The proposed westerly street access, with the clear sight line shown on the
• grading plan, meets the sight distance requirements for the posted speed limit.
-The proposed easterly street access meets the minimum sight distance require-
ments and is a good access location.
-Any new access to a county road requires an approved Hennepin County entrance
permit before beginning any construction. See our Traffic.Division for
entrance permit forms.
-All lots with frontage on County Road 39 must take access via internal streets.
No direct access to County Road 39.
-All proposed construction within County right of way requires an approved
utility permit prior to beginning construction. This includes, hut is not
limited.to, drainage and utility construction, trail development, and land-
scaping. Sec our Maintenance Division for utility permit forms.
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Iq(( HENNEPIN COUNTY
• on equal opportunity employer
Mr. Chris Enger - 2
June 12, 1981
-The developer must restore all areas disturbed during construction within
County right of way.
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Please direct any response or questions to Les Weigelt.
Sincerely, . r!i
;.ii;. ate
mes 11. Wo]d, P.E.
Chief, Planning and Programming
Jh9V/L1>lV:pj •
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hold a Irsclrt
0 ' sseclotos,loc.
May 22, 1981
THORN CREEK
The following background information is compiled in support of the anti-
cipated Preliminary Plat approval for THORN CREEK, as requested of the
City of Eden Prairie, Minnesota by Meat Cutters Pension Fund.
Meat Cutters Pension Fund is fee owner of the 60+acres located east
and adjacent to Highways 169/212, northwest and adjacent to Valley •
View Road (County Road 39), and south of the Michelangelo Gardens. •
(See attached legal description).
•
.In March of 1979, a smaller portion of this site (51.2 acres) was proposed,
• by the previous owner, for commercial and office use but was withdrawn
prior to Council review due to a denial recommendation by the Planning
Commission. Additional land was acquired by the Meat Cutters Pension
Fund and is included in this request.
A review of events leading to this Preliminary Plat request is listed
in sequence as follows:
1 - July 3, 1980 - Staff report to Planning Commission from Chris Enger:
Total parcel (60+ acres) was submitted for Planned Unit Development
Concept Approval as prepared by Howard Dahlgren & Associates.
2 - July 3, 1980 - Letter from James M. Wold, Hennepin County, to Chris
Enger: Plat review acceptable with appropriate recommendations.
3 - July 14, 1980 - Planning Commission Public Hearing to consider re-
quest for PUD Concept approval. Howard Dahlgren & Associates made
presentation of background, site and plan information. Planning
Conmission recommended approval to City Council of the PUD per staff
report of July 3, 1980 with the exclusion of the high density
residential designation per the Guide Plan.
4 - July 18, 1980 - Letter from W. M. Crawford, P. E., District Engineer,
Minnesota Department of Transportation. District 5, to Chris Enger:
Plat review acceptable with appropriate final plan review recommen •
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dations.
(cont'd)
laid a.WWII osnclotos,loc. Ion/uop orchltocts aid sits Flom • 240 soothdolo Au uNn
6700 from moss moth • also, Nl000uto 55435 iL.((ai (6123 920.7650
•
(cont'd)
5 - July 22, 1980: Council meeting to consider request to set Public
Hearing for Thorn Creek for August 19, 1980: Council approved
request and placed on Consent Calendar.
6 - July 31, 1980 - Memorandum from Bob Lambert, Director of Community
Services, to Parks, Recreation and Natural Resources Commission:
Recommended approval per Planning Staff Report of July 3, 1980.
7 - August 4, 1980 - Parks, Recreation and Natural Resources Commission
Meeting. Howard Dahlgren & Associates presented Thorn Creek, re-
questing plan approval: Commission recommended approval of the
Thorn Creek development, with request for trail easement where it
is best suited and that the City maintain a cash park fee.
8 - August 19, 1980 - Council Public Hearing on request for PUD Concept
approval, (Resolution No. 80-152). Howard Dahlgren & Associates
presented Thorn Creek outlining the location, utilities, parks and
open space, surrounding uses, noise impacts, soils, vegetation,
access points and proposed uses of office and commercial. Council
approved request and directed staff to draft a Developer's Agreement
per July 3, 1980 staff report as modified by the Commissions, and
that (1) south loop road be constructed with first phase development,
(2) necessary ROW for Valley View Road is obtained, and (3) northern
road connection is assumed feasible and should be made as required
by traffic densities as per the City Engineers recommendations.
9 - October, 1980 - An Environmental Assessment Worksheet (EAW) was
prepared by Howard Dahlgren & Associates, and submitted to the City.
10 - October 21, 1980 - RESOLUTION 80-205, A RESOLUTION FINDING THE
ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THORN CREEK A PRIVATE
ACTION DOES NOT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT, was
adoped by the City Council.
11 - October 22, 1980 - Letter from Roger K. Ulstad, City Manager, to
Minnesota EQC including Resolution 80-205 and the EAW for Thorn
Creek, indicating a EIS is not necessary. This submission was
in conformance with the 1977 Revised Environmental Review Program
of the EQC.
12 - October 27, 1980 - Letter from Douglas A. Hall, Minnesota Pollution
Control Agency to Chris Enger acknowledging receipt of the EAW.
13 - October 29, 1980 - Letter from John Rutford, Metropolitan Council
to Chris Enger acknowledging receipt of the EAW.
a
14 - October 30, 1980 - Letter from Steve Brandt, Minnesota Environmental
Quality Board to Chris Enger acknowledging receipt of EAW. EAW
conclusions were to be published in the EQB Monitor on November 3,
1980.
•
(cont'd)
(cont'd)
15 - October 30, 1980 - Letter from Russel W. Fridley, Minnesota
Historical Society, to Chris Enger indicated that an archaeological
survey for the project area be conducted; however, if there has
been extensive site alterations a need for a survey should be
reeval uated.
16 - December 1, 1980 - Letter from Thomas W. Balcom, Minnesota Department
of Natural Resources to Chris Enger indicated DNR had reviewed
the EAW. Concern was expressed regarding the impact on the marshy
flood plain of Nine Mile Creek. Recommendations for minimizing
the impact were included.
17 - December 10, 1980 - Letter from Mary Enley, Environmental Quality
Board, to Chris Enger indicated no objections to the EQW and that
no EIS is required. Final actions to approve or commence the pro-
ject can now be undertaken.
18 - December 23, 1980 - Letter from Howard Dahlgren & Associates to
Minnesota Historical Society indicated extensive land alterations
and requested a reevaluation of the need for an archaeological
survey.
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' 19 - December 26, 1980 - Letter from Merritt Linzie, Minnesota Department
of Transportation, to Chris Enger questioned the projected vehicle
trips generated per day by the completed project.
20 - December 31, 1980 - Letter from Russell W. Fridley, Minnesota
Historical Society, to Howard Dahlgren & Associates, indicated
that an archaeological survey will not be necessary and that no
sites of historical, architectural, cultural, or archaeological
significance listed on the National Register of Historic Places
will be affected by the project.
The above information indicates the status of the Thorn Creek Project
through 1980. Since the first of this year, much time has been spent
on the detail site planning and engineering.by David A. Kirscht Associates,
Inc. and Sathre-Berquist, Inc. to determine more accurately specific
elements of.site construction including road construction; grading to
acconmodate roads and entrances; and utilities to serve the project. The
Preliminary Plat and supporting data is submitted to the City for approval,
reflects this effort.
Meat Cutters Pension Fund anticipates a schedule of 6-8 years to build out
the project with initial development to commence this summer of 1981. It
is desireable to have the flexibility to construct roads and install util-
ities privately, to meet City specifications, in two phases, dependent on
acceptable bids for said work; beginning with the southerly loop road area.
Grading is designed to primarily accommodate road and entrance construction
with cut material to be deposited on-site as approved by the Nine Mile
Creek Watershed District.
; CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-125
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF THORN CREEK PLACE PLAT
'BE IT RESOLVED by the Eden Prairie City Council as follows:
That the preliminary plat of Thorn Creek Place Plat
dated May 18, 1980 , a .copy of which is on file at the City Hall
and amended as follows:
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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 -N day of ,
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Wolfgang H. Penzel, Mayor
John U. Frane, City Clerk
SEAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESDTA
ORDINANCE NO. 0-81-35
AN ORDINANCE AUTHORIZING THE DECLARATION OF A STATE OF WATER EMERGENCY
The City Council of the City of Eden Prairie ordains as follows:
"Section 1, Water Emergencies.
(a) Whenever in the judgment of the City Manager the water pressure
and/or available storage in the municipal water system reaches a
level which endangers the public health or safety of residents
and other persons in the City of Eden Prairie, he may declare
a state of water emergency which shall continue until such time
as he shall determine that the danger to public health or safety
no longer exists.
(b) Curing the existence of a state of water emergency, no person
shall sprinkle, irrigate, or otherwise utilize water from the
City's municipal water system for any lawn, grass or turf situated
north of State Trunk Highway 5 on odd days of the month.or
situated south of State Trunk Highway 5 on even days of the month.
(c) "Municipal water system" means City owned wells, pipes, storage,
treatment and related facilites for producing, storing and
distributing water.
(d). Upon written request and approval by the City Manager and subject
to such terms and conditions imposed by the City Manager with
respect to such approval, the following persons may be authorized
to sprinkle, irrigate or otherwise utilize water from the City's
municipal water system more frequestly, than provided in subpara-
graph (b) hereof:
• (i) Any person owning or operating a commercial or business
enterprise whose economic wellbeing is dependent upon
sprinkling, irrigating or watering of a lawn, grass or
turf owned, leased or operated by it;
(ii) Employees and agents of the City, in such instances wherein
lawn, grass or turf used for play fields or areas owned
or operated by the City require more frequent watering to
prevent unreasonable damage thereto.
• Section 2, Penalty.
(a) Any person violating any provision of this ordinance shall be guilty
of a petty misdemeanor and subject to a fine not exceeding $100.00. .
Section.3,__Effective Date.
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(a) This ordinance shall be in full force and effect upon its passage and
publication.
Page -a-
First read at a regular meeting of the City Council of Eden Prairie this
day of , 1981, and finally read and adopted and ordered
published at a regular meeting of said City Council on the day of
, 1981.
Wolfgang H. Penzel, Mayor
ATTEST: (SEAL)
John D. Frane, Clerk
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MEMOPONICI •
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Bob Lambert, Director of Community Services
FROM: Charles Pappas, Community Center Manager
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DATE: July 2, 1981
SUBJECT: Community Center Change Order Recommendations
This memo is in reference to the Community Center Change Orders submitted by
Smiley Glotter Associates.
1. Proposed Request A-8. This is the deletion of the exposed
aggregate in the lobby and vending area. Due to the problems
at the Eden Prairie High School in the realm of maintenance
and appearance, I recommend this deletion with the possible
consideration of a tinted concrete finish or the V.A.T.
quoted. This add for a tinted concrete finish would be approx-
imately $500 as compared to $2,451 for V.A.T.
2. Proposed Request A-10 -
a. Addition of window in Room 202. This windowed area
has been reduced 7S% but would still allow viewing
of the pool area from the very small office confines
of the Athletic Coordinator. I requested that the
window be installed due to the small size and low
ceiling in the Athletic Coordinator's office. The
previous cost for the full length window was in excess
of $4,000. The cost for this small window is $409.
b. Move Door 203 - Door 203 is the door leading to the
Fitness Center. After the Athletic Coordinator's
office had been established no provisions .had been
made to keep the doorway to this office clear. Be-
cause of the location and swing of the Fitness Center
door, it would completely block the entrance to the
Athletic Coordinator's office. Because doors and
frames had been delineated as originally spected, the
entire door had to be moved. Cost $148.
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c. Handicapped Floor Insert - I recommend only the insert J
at this point so it may he placed in the concrete during
the deck pour. This would eliminate boring or chopping
a hole in the concrete at a later date and assure maximum
strength and support. This would allow future installation
of a device that would be used to lower handicapped
individuals into the pool. Cost $196.
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• 3. Proposal Request M-3 Revised - I recommend parts 1, 2 & 3. I
find it hard to believe that these would be incorrectly placed
or eliminated. The water fills for the Zamboni are on the right
rear side - they've always been there. The original valves were
located at the left, front! Cost $921.
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4. Proposal Request E-4 Revised - I recommend this proposal request.
The buzzer and timer system will let the players in the courts know
when their playing time is up. This should help eliminate any
time-fudging or tardiness. The lighting system does not allow
us to turn off the lights and turn them back on as a signal, as they
take approximatley 7-10 minutes to warm up each time they go off.
This was why the timer and buzzer were requested. Cost $1,581.
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5. Proposal Request E-6 -
a. This is a very large clock - this clock will be va.ewed
by our skaters, coaches, parents and spectators. We will
resurface by this clock so our skaters will l:now when to
leave the ice, etc. Cost includes wiring and protective screen
Cost• 72,
b. The 14" conduit is for future power requirements we may
need should we convert to dry floor events, concerts,
or special shows. This provision is being made to reduce
costs in the future of running the conduit through the
block, as well as tieing up the ice surface while they
work on the ceiling. Cost $383.
c. Metering for Ice Machine. This machine will tell us
how much power we are using. We will own this meter
and it will better inform us as to peak energy usage.
This meter will allow us to monitor our consumption •
and hopefully cycle our compressors and pumps either
manually or mechaniclally to gain maximum efficiency
at minimal cost. Cost $1,709. j.
Total cost of all Change Orders is $8,270.
CP:md
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June 30, 1981
Mr. Robert Lambert
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota
55343
' Re: Eden Prairie Community Center •
Comm. No. 8002
Dear Mr. Lambert:
Enclosed are quotations to date on various proposals for
extras from all contractors, including some revised pro-
posals from Mechanical and Electrical for your consider-
ation.
1. Proposal Request A-8 - Delete exposed
aggregate floor and add V.A.T. in Lobby
and Vending Area. Add •$ 2,451.00
2. Proposal Request ?.-10 -
1) Add window in Room 202 - $409.00
2) Move Door 203 - 148.00
3) Handicap floor insert - 196.00
Add $ 753.00
3. Proposal Request M-3 revised -
1) Zamboni fill valves,
etc. - $788.00
2) Add fire hose nipple - 71.00
3) Add sill cock 62.00
Add $ 921.00
4. Proposal Request E-4 revised -
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1) Overhead door wiring - $ 296.00
2) Racquetball buzzer &
timer system - $1,285.00
Add $ 1,581.00
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\ Mr. Robert Lambert •
June 30, 1981
Page 2
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5. Proposal Request E-6 -
1) Add clock in Ice
Arena - $ 472.00
2) Add 114" EMT Con-
duit into Ice
Arena - $ 383.00
3) Metering for Ice
Machine - $1,709.00
Add $ 2,564.00
. Please review these with your staff and advise when they
are approved so that the proper change orders may be
processed.
If you have any questions or need additional information,
please call.
Sincerely,
SMMIILEY GLOTTER ASSOCIATES
E.R. Curley
ERC:al
Enclosures
cc: Mas Matsumoto
Joe Dolejs
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/Lilt
MEMORANDUM
TO: Mayor and City Council `
711RU: Carl Jullie, City Manager ,
FROM: Bob Lambert, Director of Community Services
DATE: July 2, 2981
SUBJECT: HAEP Request
Attached to this memo is a letter from Jerry Wigen, president of the
Hockey Association of Eden Prairie, to Chuck Pappas requesting permission
to reserve ample ice time to conduct their 9th annual holiday hockey
tournament at the Eden Prairie Community Center. As this is the first
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request of the Hockey Association to reserve a large block of time from
the Community Center, staff felt it was appropriate to take this request
before the Parks, Recreation and Natural Resources Commission and the
City Council. •
This request would mean that the Hockey Association Tournament would use
the skating rink all day every day for four days during the Christmas
Holidays.
On June 15, 1981, the Parks, Recreation and Natural Resources Commission
reviewed this request and unanimously supported the request indicating
that this type of tournament was obviously necessary as a fund raiser for
the local Hockey Association, which would be the largest supporter of the
Community Center.
City staff recognize that the Christmas Holidays are a prime time for
public skating, but also recognize the value of the Hockey Tournament not
only in terms of income and public relations for the Community Center, but
also as a necessary fund raiser for the Hockey Association. City staff
recommends the City Council approve this request and at this time requests
some direction as to how the Council wants staff to handle these types of
requests inthe future.
BL:md
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June 29, 1981
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TO: Chuck Pappas •
FROM: Jerry Wigen •
SUBJECT: Ninth Annual Eden Prairie Holiday Tournament
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Dear Mr. Pappas,
The Hockey Association of Eden Prairie is requesting permission to reserve ample
ice time to conduct our Ninth Annual Holiday Hockey Tournament at the new Eden
Prairie Community Center.
This event has grown over the years to a point where it is now considered one of
the finer tournaments offercd in the Twin Cities area.
As in the past, we will draw teams from throughout the Twin Cities area.
A major portion of the revenues necessary to operate our youth program are furnished
by tournaments every year.
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This year we will expand this event to include thrity-two teams, which will repre-
sent the Bantam and Pee Wee programs at the A & B levels.
We are requesting an indoor ice schedule for this Tournament, as outlined below.
December 31, 1981 through January 3, 1982 thirteen (13) hours each day, beginning
at 7:30 A.M. each day. An additional five (5) hours will be needed on Janaury 5,
1982 beginning at 5:30 P.M. for the championship round.
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We are seeking your approval of this request, so that we may begin preparations
for conducting this annual tournament.
,/ e truly yours
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• ' Jerry Wigen, President
Hockey Association of Eden Prairie
JW:ln
1170
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MEMORANDUM
TO: Mayor and City Councul
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THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Service 44---
DATE: July 2, 1981
SUBJECT Tax Forfeited Lands
At the June 16, 1981 meeting, staff provided a recommendation
to the City Council authorizing the County to sell: the two
parcels that are presently tax forfeited. At that meeting,
several Council members expressed some concern for allowing
Parcel No. 04-116-22-14-0002 to go tax forfeit, as this might
provide a future connection for either trails or road purposes,
as well as road right-of-way for Birch Island Road.
After further review of this parcel, staff would recommend that
the City Council amend Resolution 81-112 to include acquisition
of this parcel for future trail or road purposes.
BL:md
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• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA •
RESOLUTION FOR TAX FORFEITED LANDS •
RESOLUTION #81-112 •
WHEREAS, the City of Eden Prairie has received a list of non conservation
land in Hennepin County that have forfeited to the State of Minnesota for
non-payment of real estate taxes, which said list has been designated Exhibit
A attached hereto, and
WHEREAS, provided in Minnesota Statutes 282, the City Council is asked •
to approve the public sale of these parcels, or to"indicate which parcels
the City wishes to acquire for public use, and
WHEREAS, the City desires to obtain title to Parcel 04-116-22-14-0002
for public road purposes, and
WHEREAS, the City has determined that Parcel 09-116-22-43-0010 would not
be of benefit to the City for public use,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Eden Prairie does approve the public sale of the parcel described as follows:
PIN #09-116-22-43-0010
BE IT FURTHER RESOLVED, by the said City Council that the City desires
to obtain title to the parcel described as follows: !`
PIN #04-116-22-14-0002
ADOPTED by the City Council of the City of Eden Prairie on the 7th day
of July 1981.
Wolfgang H. Penzel, Mayor
ATTEST: •
John D. Franc, Clerk SEAL
Rh.NRI'.P1N COON'i'i T �NPLI I'.D LAND
CLASSIFICATION 1.15T NO, 060-NC
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DIST PLAT PARCEL CERT,NO, PROPERTY ADDRESS PID
61 56704 1620 44599 /( f.A',. 04 116 22 14 0007
61 56845 8400 .44606 ��/D T , 09 116 22 43 OOI
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July 7+ 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA,
•
( RESOLUTION NO. R81-116
RESOLUTION RECEIVING 100% PETITION,
ORDERING IMPROVEMENTS & PREPARATION
OF PLANS AND SPECIFICATIONS FOR PUB-
LIC IMPROVEMENTS ON EDEN ROAD (I.C.52-005)
•
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 water and street improvements
on Eden Road have petitiohed the City Council to construct
said improvements and to assess the entire cost against their
property.
2. Pursuant to M.S.A.429.031; Subd. 3, and upon recommendation of
the City Engineer, said improvements are hereby ordered and
the City Engineer, with the assistance of BRW, shall prepare
plans and specifications for said improvements in accordance
with City standards and advertise for bids thereon.
3. 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 lays following publication of this resolution
in the City's official newspaper.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
•
John D. Frane, Clerk
•
•
�y�U
HOWARD DAHLGREN ASSOCIATES
INCORPOR Alt•
CONSULTING PLANNERS
ONE O R O V E L A N O TERRACE
MINNEAPOLIS,MINNESOTA 55403
612.3>>•3536
2 July 1981
• Honorable Mayor and City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Honorable Mayor and Council:
Attached hereto is an executed copy of a petition for the
improvement of Eden Road, as a 44 foot, nine ton collector
street, with concrete curb and gutter, sidewalk, and water
main, from Trunk Highway 169/212.to proposed Eden Glen Road.
This project will also include the installation of the
necessary storm sewer to channel run-off from the
intersection of Eden Road and Eden Glen Road, to its outlet
in Lake Idlewild.
As their representative, Jesco, Inc. has asked me to
reference the following information with the submission of
this petition. From discussions with the City Staff we
understand that:
1. The cost of these improvements along Eden Road
will be approximately $130 per lineal foot and
that this cost will be assessed equally against
both abutting properties over a 17 year period.
2. The cost of the additional storm sewer needed
to carry run-off from the intersection of Eden
Road and Eden Glen Road, to its outlet at Lake
Idlewild, will be approximately $10,000. The
cost of this improvement will be assessed
against both parties, in a manner proportionate
to the relative sizes of their areas
tributary to this facility. Jesco's property
contains 15t acres and approximately 1.5 acres
within the proposed Lake Idlewild Office Park
will drain into this facility. Therefore, the
resultant assessment ratio equals ten parts
Jesco's share to one park Anderson/Land'Sake's
share.
1
14)17,-i
Honorable Mayor and City Council 2 July 1981
•
City of Eden Prairie Page 2
Although we understand that this project is not currently
included in the City's tax increment financing district, we
would continue to request that, if it is included in the
future, that both parties receive reasonable credit for
monies expended. On behalf of Jesco, Inc., we would like
to express our appreciation for the efforts made by the
City Staff on this important aspect of the total development
of Eden Glen and the surrounding area.
Respectfully
submitted,
G� Z�i/.�fnGv+aGLP✓
John W. Shardlow
Project Planner •
CONDITIONS HEREIN AGREED TO:
JESCO IN
ry b(
•
CITY OF EDEN PRAIRIE, MINNESOTA f „'
100% PETITION FOR LOCAL IMPROVEMENTS
TO THE EDEN PRAIRIE CITY COUNCIL:
The undersigned are all the fee owners of the real property described
below and herein petition for the Eden Prairie City Council to proceed
with making the following described improvements:
(General Location)
Sanitary Sewer •
X Watermain All improvements relate to the 360 ± •
X -storm Sewer foot stretch of Eden Road from TH 169/212
•
X Street .Paving to Eden Glen Road as a 44 foot, 9 ton
Other collector street with concrete curb and gutter
and sidewalk.
Pursuant to M.S.A..429.031, Subd. 3, the undersigned hereby waive any
public hearing to be held on said improvements, and further state and
agree that the total cost of said improvements shall be specially as-
sessed against the property described below in accordance with the
City's special assessment policies. We further understand that the
preliminary, estimated total cost for the said improvements is
•
• Street Address or other Legal Names and addresses of Petitioners
Description of Property to be.Served (Must be owners of record)
See Legal Description attached Jesco, Inc.
•
•
•
•
(For City Use)
Date Received
•
Project No.
�U� L
c Couwicil Consideration . •
LAW OFFICES HAROLD LEVANOER
ARTHUR GILLEN
.LeVander, Gillen, Miller & Magnuson ROGER C MILLER
PAUL A. MAGNUSON
HAROLD LLVANDER. JR
402 DROVERS SANK [WILDING • 633 SOUTH CONCORD STREET PAUL H.ANDERSON
SOUTH ST, PAUL. MINNESOTA 55075 • TELEPHONE 11112) 451.1831 TIMOTHY J. RUN'TZ
DANIEL J.REESON
July 1, 1981
•
The Honorable Mayor and Members of the City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Re: Improvement of Eden Road
Dear Mr. Mayor and Members of the Council:
Enclosed herewith please find a petition for the improvement of
Eden Road which petition has been signed by me and by my parents
and my sister. As you will recall, this was a matter that was
previously submitted to the Council subject to certain qualifi-
cations which were set forth in my letter to you of June 16, 1981.
As I set forth in my letter of June 16th, we had been approached
by Jesco, Inc. to join them in the submission of this petition.
Jesco was under a rather severe time limitation with development
• of their property and had requested that we join with them. At
the council meeting on the evening of June 16, 1981 the Council
approved the plans and specifications for this project with the
reservation that before the Council would proceed the concerns
expressed by us in our letter of June 16th must be resolved with
Jesco and with the City of Eden Prairie. Subsequent to the council
meeting we have had an opportunity to meet with representatives
of Jesco and also Mr. Carl Jullie, City Manager and have resolved
most of the concerns that we had.
It is our understanding that with the submission of this petition
the City will proceed to construct a 44 foot wide, .9 ton street on
Eden Road which abuts our property. We understand that it will
not be necessary for the City to acquire z.ny additional right-of-
way for the installation of the road or any proposed sidewalk.
It is also our understanding that this project will be assessed by
the City over a 17 year period. while the City cannot be specific
as to the road elevation, if possible the road elevation will be
slightly lowered, but in any case the City will be working with
landowners on both sides of the road to avoid any conflicts with
adjacent land uses along the improved stretch of the road.
+�. This project also includes the installation of a storm sewer under
Eden Road and through the property in which we retain a fee interest.
It is our understanding that the approximate cost•of this storm
sewer section will be S10,000.00. The cost of the storm sewer
WA •
The Honorable Mayor and Members of the City Council .
+ July 1, 1981
Page 2.
project will be apportioned between Jesco and the parcel of pro-
perty which we have a fee interest. The portion of our property
that will be affected will be approximately 1.5 acres and the area
of the Jesco property is approximately 15.5 acres so about 8.82%
of the project will be assessed against our property. During our
discussion with Mr. Jullie he indicated that plans and projections
of the City are that Eden Road will not be part of any tax incre-
ment financing. It is our understanding that if for any reason
in the future that this becomes part of a tax increment financing
district, that we would be credited for our fair share of any
benefit that would accrue from being part of said tax increment
financing district.
The final area that is left to be resolved is the question of
whether or not sidewalks would be installed on both sides of the
proposed road or if it is sufficient that they be installed on
just one side of the road. Mr. Jullie is going to be meeting with
his'staff on this question and will be in contact with us so that
this matter should be resolved by the next council meeting on July
7th.
Vaxy ru
aul H. Anderson
•
pige
•
CITY OF EDEN PRAIRIE, MINNESOTA
100% PETITION FOR LOCAL IMPROVEMENTS
TO THE EDEN PRAIRIE CITY COUNCIL: ♦
The undersigned are all the fee owners of the real property described
below and herein petition for the Eden Prairie City Council to proceed
with making the following described improvements:
(General Location)
•
Sanitary Sewer
X Watermain All improvements relate to the 360 ±
X Storm.Sewer foot stretch of Eden Road from TH 169/212
X Street Paving to Eden Glen Road as a 44 foot, 9 ton
Other collector street with concrete curb and gutter
and sidewalk.
Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any
public hearing to be held on said improvements, and further state and
agree that the total cost of said improvements shall be specially as-
sessed against the property described below in accordance with the
City's special assessment policies. We further understand that the
preliminary, estimated total cost for the said improvements is ,
Street Address or other Legal Names and addresses of Petitioners
Description of Property to be Served (Must be owners of record)
See Legal Description attached - co, Inc.
•
(For City Use)
Date Received .
Project No.
ft1,6 F Couriail Consideration
•
June 16, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-127
• A RESOLUTION APPROVING PRELIMINARY FND
•
FINAL PLAT OF EDEN GLEN
•
WHEREAS, the plat of Eden Glen 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 11' RESOLVED BY THE CITY COUNCIL OF THE CITY OF
•EDEN PRAIRIE:
A. Plat Approval Request for - Eden Glen is approved
upon compliance with the recommendation of the City Engineer's
Report on this plat dated June 4, 1981.
•
B. That the City Clerk is hereby directed to file-a certified copy of
•
this resolution in the office of the Register of Deed and/or Regis-
trar of Titles for their use as required by MSA 462.358, Subd. 3.
t, That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
plat.
D. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on
•
Wolfgang H. Fenzel,Mayor
•
ATTEST: SEAL
John D. franc, Clerk
•
•
N 8'1 .
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and Members of the City Council •
THROUGH: Carl Jullie, City Manager
FROM: Gene Dietz, City Engineer
DATE: June 4, 1981
RE: EDEN GLEN
PROPOSAL: The developer, Jesco, Inc., is requesting City Council approval
of the preliminary and final plat of Eden Glen. The plat consists of
approximately 15 acres intended for office and commercial use and is
located west of Flying Cloud Drive, south and west of Eden Road and
north of Singletree Lane in Section 14.
HISTORY: PUD concept approval for commercial and office use was granted by
the City Council on February 17,, 1981, per Resolution R81-36.
Rezoning of 1.1 acres for Hardee's Restaurant is scheduled for final
reading by the City Council on July 7, 1981.
The Developer's Agreement referred to in this report for Eden Glen PUD is
scheduled for execution on June 16, 1981.
The plat as submitted involves division into 3 lots. Lot 1, Block 2,
is the 1.1 ac, Hardee's 'site. Lots 1, Block 1 and Lot 2. Block 2 are
large lots intended to be divided ano rezoned as development warrants.
VARIANCES: All variance requests must be processed through the Board of
Appeals.
UTILITIES AND STREETS: The requirements for the installation of municipal
utilities and streets are covered in the Developer's Agreement.
The street name Eden Glen Road may conflict with existing names within
the City. Unless otherwise directed, the developer will be instructed
to submit new names to be approved by the Engineering Department.
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 Agree-
ment.
RECOMMENDATION: Recommend approval of the preliminary and final plat of Eden
Glen, subject to the requirements of this report and the following:
NY-%
•
- 2 -
• 1. Receipt of fee for City engineering services in the amount
$300.00.
2. Receipt of cash deposit for street lighting i'n the amount
of $997.68.
3. Satisfaction of bonding requirements.
4. Execution of the Developer's Agreement.
EAD:kh
•
•
•
•
(• •
t(179