HomeMy WebLinkAboutCity Council - 10/06/1981EDEN PRAIRIE CI7 ,COUNCIL
-
(ayo'r Wolfgang Penzel, George Bentley, Dean
...,(
tdstrom, Paul Redpath and George Tangen
`
City Manager Carl Jullie; City Attorney Roger
Pauly; Finance Director John Frane; Planning
Director Chris Enger; Director of Community
Services Bob Lambert; City Engineer Eugene A.
Dietz, and Recording Secretary Karen Michael
T "SDAY, OCTOBER 6, 1981
COUNCIL MEMBERS:
COUNCIL STAFF:
7:30 PM, CITY HALL
INVOCATION: Mayor Wolfgang Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Joint City Council/Development Commission/Planning Commission meeting
held Tuesday, September 1,1981
B. Special City Council meeting held Saturday, September 12, 1981
C. Regular City Council meeting held Tuesday, September 15, 1981
D. Special City Council meeting held Thursday, September 24, 1981
III. CONSENT CALENDAR
A. Clerk's License List
B. Award reforestation bids
C. Award bid for Flying Cloud Concession/Storage Building
D. 2nd Reading of Ordinance No. 81-10, an ordinance amending Ordinance
No. 79-43 which provides regulations prohibiting the parking of
vehicles and which authorizes the designation of the areas where
parking is prohibited and the ordering_ and Rlacing of s j iis relative
thereto
E. Receive petition from Mariann Drive residents and authorize
feasibility report for the installation of sanitary sewer and
watermain, I.C. 52-017 (Resolution No. 81-203)
F. Approve plans and specifications for improvements to Autumn Wood
Addition and authorize bids to be received on October 20, 1981,
at 10:00 AM, I.C. 52-016A (Resolution No. 81-204)
G. Final_plat approval for Smetana's Creekside Addition (Resolution
No. 81-205)
Page 2193
Page 2203
Page 2204
Page 2205
Page 2206
Page 2207
Page 22CC 1
Page 2187
Page 220c
Page 221] 1
Page 22121
City Council Agenda - 2 - October 6, 1981
H. Set Public Hearing to consider request for Municipal Industrial
Development Bonds for Kinder-Care Project in the amount of
$250,000.00 for November 3, 1981
I. Reschedule Public Hearing from October 20, 1981 to November 3
1981 to consider request from Spencer Dean, Sr. Project for
Municipal Industrial Development Bonds in the amount of $378,000.00
J. Request from Prairie Lakes Corporation for a minor amendment to
Developer's Agreement to allow 76 units in 1 building instead of
75 units
IV. PUBLIC HEARINGS
A. COR POD AMENDMENT by Karl F. Peterson. Request for a revised POD
Concept approval to utilize 4.21 acres for office use with variances
for parking, sideyard setback and a lot with no public road frontage.
Located in the southwest corner of Co. Rd. 4 and TH 5 behind
Superamerica (Resolution No. 81-176) Continued from 9/1/81
B. OVERLOOK PLACE by Hustad Development Corporation. Request to rezone
approximately 10 acres from R1-13.5 to RM 6.5 and preliminary plat
30 duplex lots and 9 single family lots. Located north of Pioneer
Trail and East of Yorkshire Point (Ordinance No. 81-17 and Resolution
No. 81-175) Continued from 9/15/81
C. Public Hearing for 1981 Assessment Projects - items continued from
9/22/81: I.C. 51-325, I.C. 51-343, I.C. 51-359, I.C. 51-395 and
supplemental trunk sewer and water assessments for Haynes property
(Resolution No. 81-206)
D. PRESERVE CONDOMINIUMS by Prairie Lakes Corporation. Request for
PUD Development stage approval, plat approval, and rezoning of
8 acres from Rural to RM 2.5 for construction of 2 buildings for
a total of 124 condominiums. Located south of Anderson Lakes
Parkway and west of Preserve Community Center. (Ordinance No.
' 81-21 and Resolution No. 81-201)
E. MID-AMERICAN HOMES INC. OFFICE by Mid-American Homes Inc. Request
to preliminary plat and rezone the 4.9 acres from Rural to Office
for construction of office uses. Located north of TH 5 and west
of Purgatory Creek. (Ordinance No. 81-22 and Resolution No. 81-
202)
V. PAYMENT OF CLAIMS NOS. 8466 - 8702
VI. REPORTS OF ADVISORY COMMISSIONS
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
• B. Report of City Manager
1. 1982 City Budget (Resolution No. 81-207) Continued from 9/24/81
2. Public Safety Department Canine Program
VIII. NEW BUSINESS
TV An Int1,110., :IT
Page 221E
Page 193':.
& 2216
Page 19L
& 2216A
Page 221:
Page 222:
Page 22::
Page 224 ,..
Page 22!-):'
Page 225
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
DEVELOPMENT COMMISSION
PLANNING COMMISSION
TUESDAY, SEPTEMBER 1, 1981
CITY COUNCIL MEMBERS:
DEVELOPMENT COMMISSION MEMBERS:
PLANNING COMMISSION MEMBERS:
CITY STAFF:
6:00 PM, CITY HALL
Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath, and George Tangen
Chairman Tim Pierce, Joseph M. D. Adams, Bill
Behrenbrinker, Kent Barker, Robert Hanson, Donal,
Opheim, and Roy Terwilliger
Chairman Bill Bearman, Virginia Gartner, Bob
Hallett, Dennis Marhula, Elizabeth Retterath,
Grant Sutliff, and Hakon Torjesen
City Manager Carl J. Jullie, Planning Director
Chris Enger, City Engineer Eugene A. Dietz,
Director of Community Services Bob Lambert,
Assistant Planner Jean Johnson, and Recording
Secretary Karen Michael
ROLL CALL: Adams, Behrenbrinker, Hanson, and Marhula were absent
I. CALL MEETING TO ORDER
The meeting was called to order by Mayor Wolfgang H, Penzel.
II. DISCUSSION ON THE DEVELOPMENT COMMISSION'S REPORT ON HOUSING COSTS
Tim Pierce, Chairmen of the Development Commission, spoke to the issues addressed
in the "Development and Housing Status - June, 1981" Report of the Development
Commission. The report concluded affordable housing is not being provided in
Eden Prairie;some things have to change in order for this to be accomplished, if
that is to be the City's goal. (A copy of the Development Commission's Report is
attached to these Minutes.) Pierce also cited statistics from the July 31, 1981,
Wall Street Journal article on housing.
Penzel asked how price projections would be affected due to the stagnation in
market prices in 1981. Opheim thought people would adjust to higher interest
rates and as this adjustment occurs a demand would be created, He pointed out
the high cost of holdino land. At one time there was the "one third rule" whereby
one third of the developer's cost went for the price of the land, one third for
the holding costs, and one third for profit. This is no longer true as the costs
of holding land have risen dramatically.
Bentley questioned controls -- if density were to be increased, density would be
affected, and this would have an effect on the value of land throughout the commu-
nity; also, what assurances would there be that developers would build smaller hous. !
if lots were smaller. Pierce said the Council could control the square footage re-
guirements -- set maximums.
2 1 93
JOINT MEETING -2- September 1, 1981
Redpath stated that historically the two units per acre density was due to
drainfield and well situations; the market had nothing to do with the decisions
made. Barker recalled it was the feeling of the community in the '50's and '60's
that full acre lots were wanted.
Torjesen said he has heard three points discussed: recession, high interest rates,
and City policy. Of those three he would rate City policy a low third as far as
market impact. He feels any decisions made by the City would have a minor effect
on the market, Penzel recalled an area in the City where small lots were approved
and a price limitation affixed as a condition of approval. Those lots and houses
were sold out quickly despite the interest rates and the state of the economy.
Beaman said the market force was concentrated in one location. Penzel said the
community was providing a need.
Bearman stated that 67% of the people move to Eden Prairie because of the open
space. To arbitrarily change density will not solve the problem. It is the law
of supply and demand -- single family homes have been the thing and now we see more
duplexes and quads. He feels that the figures shown in the report are straight
line economics and do not hold true; and if they were, he'd take off 10% just for
the sake of argument. He feels the desirability of Eden Prairie adds to the price.
Bentley noted the vast bulk of the housing stock has been built in the past five
years which adds to the overall cost of the average house.
Edstrom wondered about high rise housing -- is this something the residents of
Eden Prairie are not interested in or is it not affordable due to economics.
Opheim explained the Point of France was not as successful as Lake Point due to
the amenities of the location. He feels Eden Prairie will mature and will have a
central node for development, the Major Center Area, where we will see something
like this. In the meantime we will see more cluster housing.
Gartner said the statistics have nothing to do with lot size. There is very little
in the statistics to convince her that lot price would go down. Pierce said he
would not say that lot price would go down. The thing they were attempting to point
out is that new techniques must be used to provide affordable housing. Torjesen
agreed that lower cost housing is needed but pointed out that most of those in the
room did not start out with a new house. You cannot find old housing in a new sub-
urb. Redpath said his children cannot afford to live in Eden Prairie we have
zoned our kids right out. Barker noted Eden Prairie was the least expensive place
to buy a new home when he bought his home in the L50s, The very things that allowed
him to buy in Eden Prairie are the things which will keep his children from being
able to buy here.
Torjesen said by reducing garages, driveways, etc, will have a greater impact than
will density,
Bearman asked what it would take for a couple to buy a home today -- two jobs, no.
family -- density alone will not do it, Opheim said there are some things which
can be controlled by the City -- garages can be built later; basement homes with
the rest to come later; and taxing policy, which recently changed and makes the
holding costs very expensive.
JOINT MEETING -3- September 1, 1981
Penzel said the statistics are very interesting whether one agrees with them
or not. If the City is to have an impact on the cost of housing, then the City
must determine where that impact lies. The Council would be interested in form-
ing a Task Force--volunteer members of the Planning Commission, Development Com-
mission, Human Rights & Services Commission, Parks, Recreation & Natural Resources
Commission, Council member(s), and any citizen who wishes to participate -- who
could study that subject for a specified period of time and then provide a report
to the community so we can all be better informed on this issue and how we can
attack the problem from a community standpoint. The consensus was to go ahead
with the Task Force.
III. DISCUSSION ON PLANNING COMMISSION RECOMMENDATIONS
Penzel stated the concern of the Council recently has been with the voting record
of the Planning Commissioners. The Council has not been able to discern from the
Minutes of the meetings why Commissioners have or have not been voting on certain
items. This has not helped the Council in their deliberations. Hallett said the
concern is legitimate and he noted at the last meeting people who voted "no" gave
a clarifying reason. Bearman said a reason can be required and will be noted; this
will be done with abstentions also.
Penzel asked what the Commission's perception of the Guide Plan is; his own being
that the Commission regards it as unchangeable, while he personally perceives it
to be a guide which can be adjusted as circumstances warrant. Gartner feels there
has to be a reason for the change. Sutliff doesn't think change can be forced.
Barker noted the Guide Plan is used by people who are moving into an area and is
relied on by them; any changes must be done after very responsible consideration.
Penzel said it is not a land use plan, but one which identifies concepts thought
to be appropriate at the time of adoption. Circumstances can change things. The
Zoning Ordinance specifies land use. Barker recalled how many arguments in the
community had resulted from spot zoning. *Torjesen said much of the land in the
City if based on a two-price system: one price based on how it is shown in the
Guide Plan, the other based on if we can get the Guide Plan amended." Redpath
said the Guide Plan is a two-edged sword; the person who has lived here for ten
or more years knows about the Guide Plan, while the newcomer does not know it
exists -- this provides for problems with development. Gartner said if develop-
ment of the Major Center Area (MCA) is a goal, then changing the Guide Plan to
allow development of MCA-type activities outside that area because land is cheaper
departs from this and we might as well forget the Guide Plan and the MCA. Penzel
said unless the transportation system is provided, it won't matter anyway. Opheim
stated the market place will determine the value -- there are not two prices, as
Torjesen suggests, because if there is to be a change in zoning or the Guide Plan,
the sale is contingent on the change being made and the price is based on that.
Bearman noted the Development Commission's Resolution which specifically addressed
support of development of the Major Center Area and the completion of Schooner
Boulevard.
IV. NEW BUSINESS
Pierce requested the Task Force be given a specific charge. The concensus was
"What situations have to exist to bring affordable housing to Eden Prairie" should ,
be addressed.
V. ADJOURNMENT
MOTION: Barker moved, seconded by Bearman, to adjourn the meeting at 7:23 p.m.
Motion carried unanimously.
.119S
Pierce, Chairman
evelopment Commission
.21 96 1-W#1-
RESOLUTION ADOPTED BY THE DEVELOPMENT COMMIS
S
I
O
N
REGARDING DEVELOPMENT COSTS
WHEREAS, the Development Commission has rece
i
v
e
d
a
n
d
d
i
s
c
u
s
s
e
d
t
h
e
Development and Housing Status June 1981 and
o
t
h
e
r
r
e
p
o
r
t
s
g
e
n
e
r
a
t
e
d
b
y
C
i
t
y
Staff, and
WHEREAS; the housing costs are projected to
c
o
n
t
i
n
u
e
t
o
r
i
s
e
d
r
a
s
t
i
c
a
l
l
y
,
and
WHEREAS, the percentage of people capable o
f
a
f
f
o
r
d
i
n
g
t
h
e
t
y
p
i
c
a
l
s
i
n
g
l
e
family home is becoming smaller and smaller e
a
c
h
y
e
a
r
,
a
n
d
WHEREAS, it is important to the people of E
d
e
n
P
r
a
i
r
i
e
t
o
c
o
n
t
i
n
u
e
development in both residential and industri
a
l
-
c
o
m
m
e
r
c
i
a
l
i
n
o
r
d
e
r
t
o
c
o
n
t
i
n
u
e
with a stable tax base and reduce trunk util
i
t
y
d
e
b
t
,
WE RESOLVE THAT:
'Higher density be allowed in residential de
v
e
l
o
p
m
e
n
t
a
n
d
t
h
e
two units per acre requirement be rescinded
;
The City Council and Commissions keep the be
n
e
f
i
t
s
t
o
t
h
e
community as a whole in mind when considerin
g
D
e
v
e
l
o
p
m
e
n
t
and/or rezoning and not be swayed to deny by
p
r
e
s
s
u
r
e
f
r
o
m
neighborhood groups;
To continue with the present policy of gran
t
i
n
g
D
e
v
e
l
o
p
e
r
s
the right to improve land through special a
s
s
e
s
s
m
e
n
t
s
;
To continue the process of Industrial Reven
u
e
B
o
n
d
s
f
o
r
owner/occupied buildings; and
That the City Council and Staff continue it
s
a
c
t
i
o
n
t
o
complete Schooner Boulevard in its entirety
b
e
c
a
u
s
e
t
h
i
s
is critical to future development in the Maj
o
r
C
e
n
t
e
r
Area.
ADOPTED by the Development Commission this
2
9
t
h
d
a
y
o
f
J
u
l
y
,
1
9
8
1
.
DEVELOPMENT AND KOUSING STATUS — June, 1981
The report to the City Council dated 4-13-78 and ent
i
t
l
e
d
"
A
s
s
o
c
i
a
t
e
d
L
a
n
d
and Develoynent Costs" has provided the basis for eval
u
a
t
i
n
g
t
h
e
e
f
f
e
c
t
s
o
f
recent inflationary pressures on the development of la
n
d
a
n
d
t
h
e
c
o
n
s
t
r
u
c
t
i
o
n
of
housing in Eden Prairie. A close analysis of the cu
r
r
e
n
t
d
a
t
a
i
n
d
i
c
a
t
e
s
t
h
a
t
t
h
e
nation in general and Eden Prairie in particular are e
n
t
e
r
i
n
g
a
n
e
x
t
r
e
m
e
l
y
c
r
i
t
i
c
a
l
period of time when demand for housing is on the incre
a
s
e
a
n
d
t
h
e
s
u
p
p
l
y
i
s
b
e
-
coming less affordable. The increase in family income
i
s
n
o
t
k
e
e
p
i
n
g
p
a
c
e
w
i
t
h
the increase in the cost of housing.
In the past deCade incomes have doubled and the cost o
f
o
w
n
i
n
g
a
h
o
m
e
h
a
s
q
u
a
d
-
rupled. The cost of heating a home has likewise rise
n
4
0
0
%
.
T
h
e
m
e
d
i
a
n
f
a
m
i
l
y
income in Eden Prairie during 1980 was $23,600. At to
d
a
y
'
s
r
a
t
e
s
t
h
i
s
i
n
c
o
m
e
would allow a family to purchase a $62,000 home and ca
r
r
y
a
$
4
9
,
G
0
0
m
o
r
t
g
a
g
e
,
that is if the family had a $13,000 down payment. Acc
o
r
d
i
n
g
t
o
r
e
c
e
n
t
M
u
l
t
i
p
l
e
Listing Service data the present median sales price of
a
h
o
m
e
i
n
E
d
e
n
P
r
a
i
r
i
e
i
s
$103,000. Today a family buying this home, with a 20%
d
o
w
n
p
a
y
m
e
n
t
o
f
$
2
0
,
6
0
0
would need a $60,000 .annual income. This means that the median priced hom
e
i
n
Eden Prairie has risen at a compounded rate Of 10% ove
r
t
h
e
l
a
s
t
3 years compared
with 14.6% for the general metropolitan area. Holdin
g
t
h
i
s
p
r
e
s
e
n
t
r
a
t
e
o
f
increase constant the following will be the median co
s
t
o
f
h
o
u
s
i
n
g
i
n
E
d
e
n
P
r
a
i
r
i
e
for the next 5 years.
Year
1982
1983
1984
1985
1986
Average Cost
$121,500
163,500
169,200
199,700
235,600
•
With interest rates presently averaging 16% and unlik
e
l
y
t
o
b
e
s
u
b
s
t
a
n
t
i
a
l
l
y
--reduced over an extended period of time, affordab
l
e
h
o
u
s
i
n
g
,
a
s
w
e
h
a
v
e
k
n
o
w
n
i
t
,
will be passing out of the American dream.
If income requirements follow the expected path of h
o
u
s
i
n
g
c
o
s
t
s
a look at income
requirements to purchase the median priced home in E
d
e
n
P
r
a
i
r
i
e
w
o
u
l
d
r
e
s
e
m
b
l
e
t
h
e
.following figures (assuming 20% down payment).
Year Average Cost PITT Income
1982 $121,500
1983 143,500
1984 169,200
1985 199,700
1986 235,600
$1,391
4,741
2,005
2,372
2,750
$ 67,000
84,000
97,000
114,000
132,000
The average price of a lot in Eden Prairie in the past 3 years has
r
i
s
e
n
f
r
o
m
$16,000 to $26,000. There is presently market pressur
e
t
o
r
e
d
u
c
e
i
n
v
e
n
t
o
r
y
a
n
d
as a result lot prices have stabilised. But at today'
s
c
o
s
t
o
f
f
i
n
a
n
c
i
n
g
i
m
p
r
o
v
e
d
lots, which varies between 20 and 20%, the price of ho
m
c
s
i
t
c
s
w
i
l
l
l
i
k
e
l
y
f
o
l
l
o
w
or exceed the percentage increase in housing. If lot pr
i
c
o
i
n
c
r
e
a
s
e
s
a
v
e
r
a
g
e
le%
per year the following will bo expected lot prices in
E
d
e
n
P
r
a
i
r
i
e
for the next
5 years.
ettt ,q19
Lot Price
$30,680
36,200
'4 2 175 0
50,400
59,480
Taxes on lot inventory improved in 1971 and unsold in 1981 have
q
u
a
d
r
u
p
l
e
d
f
r
o
m
$200 to $800. At this rate taxes alone will add nearly $10,000
t
o
t
h
e
p
r
i
c
e
o
f
an unsold lot over a 5 year period of time. If the cost of taxe
s
a
n
d
m
o
n
e
y
i
s
not reduced we are more likely to see the average lot in Eden Pr
a
i
r
i
e
r
a
n
e
e
b
e
t
w
e
e
n
$70,000 and $80000 by 1986.
The most urgent message coming from the marketplace today is tha
t
p
e
o
p
l
e
'
s
expectations muzt be reduced to conform to present day realities.
S
i
z
e
m
u
s
t
b
e
made smaller, extras eliminated, amenities reduced and diversity
e
x
p
a
n
d
e
d
.
Estimates for the 1980's indicate that 80% of the dwelling units w
i
l
l
b
e
b
u
i
l
t
for 1 and 2 person households. Already in 1977 family compositio
n
i
n
t
h
i
s
c
o
u
n
t
r
y
showed that only 1314 of households conformed to the traditional im
a
g
e
o
f
w
o
r
k
i
n
g
husband, housewife mother and children under 18 years of age. Toda
y
6
0
;
.
o
f
a
l
l
households have no children under 18. Housing in the 80's wili n
o
t
r
e
c
e
i
v
e
t
h
e
attention from the federal government that it enjoyed in the 70 1 s. As a result,
Capital markets, as presettly structured, will not be able to acc
o
m
m
o
d
a
t
e
t
h
e
demand as household formations expand faster than the population.
Year
1902
1983
1984
1985
1986
219$
;z7.7, T2' rou: (Dor.; lt."•,19TO Erill:tvia)i U,S.Czvcrivalbret fizuro3 ro currcnt annual ro of 17110i/cr.) of 7.2%1... a =71 TOv.z...-rm a=T C7 LW= AFILL.ILLY •LIUNG AN AUT.CIPATED FIGURE OF ONLY 6% AS THE ANNUAL RATE OF INFLATION TI-M FOLLOWING FIGURES WEZE COMPILED BY THE UNITM STATES sconuGs AND LOAN MAMA Ps Or.lcial NaIlanal Attcciation'of Savins and Lean Institutions): IN 1S7S IN 1903 ltd 1VZ:5 IN ITCO IN ISIS IN 2-:= WS CI Eli TO PM "011 ma TO vdt rii. Y.M TL Eli VIE ia FM r,11 KM Ta EIS1 ru. urt. T3 1E2 $ 8,96.0 $13,332 $17,533 $23,965 $32,071 .$43,918 $57,435 BUT THAT'S HOT ALL LOO :t AT SOME OF THE P20.1ECTOD MICES OF SEVERAL ESSENTIAL Pg-XIS ITEMS BASED ON THE SAME INFLATIONARY SCA/21 tnri Ticrir CC1CR T.V. AUTer.10:11.E L-rig i gi1i0.1 1975 11100 1005 1W,T1 1005 2,11.1213 $ 4.00 $ 5.35 7.16 9.53 $ 12.82 $ 17.1 5 25. 76 35.02 47A3 64.14 85.84 114.87 . ;194,*1 _ .1301=10.1Y 1iroyy 223.03 [ 1}! 299.60 40193 536.54 713.83 659.11 895.42 1;193.27 603.56 2,145.92 2,871.72 4,014.66 5,372.52 7,189.62 9,621.36 12,875.52 17,230.35 34,253.00 45,06.00 61,351.00 82,102.00 101,071.00 147,032.0 THIS timanz 'WT ELV Tren rEblrt. 28:73 Aceorionza TO MS SALM INFLA1IOX4falt .TCaatt'S rarapst7L C. V.70:2T1-1 4,17,TZLIt 7.5V2it •
20 150 170 CITY OF EDEN PRAIRIE . ESTIMATED DEVELOPMENT COSTS June '81 Rate Cost Per Lot(U PLANNING: PUD Zoning Plat, preliminary E.A.W. Deposit Consultant fees COMMUNITY SERVICES: Cash Park Fee Totlot (if 50 units or more) Totlot structure Site work and plantings Landscaping bond (2 yr.). Si walks & Trails $200 Lump Sum $200 $25-41/lot or acre $200 Lump Sum $200 average $7,500 (50 lots) . $325 single family $250 multiple $1,400/acre other $10,000 $10,000 $ 5,000 518/$1,000-500;000 325 500 • 100 97;
Esti.. Development Costs Page Two Rate Cost Per Lot (f, ENGINEERING: Final plat review (min. $100) Street signs Lighting Bonding $30/lot, or $20/acre $120/sign $322/light 30 20 40 120 210 BUILDING INSPECTION: Permit fee $50,000-100,000 $100,001 $283 first 50,000 + $3/$1,000 after $433 first 100,000+ $2.50/$1,000 after 440 Sewer hookup residential . industrial . commercial ' $200 .03061/sq.-ft. ($400 minimum) .04591/sq. ft. ( " " ) 200 Water hookup residential • $200 200 industrial .03061/sq. ft. ($400 minimum) commercial .04591/sq. ft. ( S.A.C. charge single family or multiple other-determined by MWCC $425 $425 minimum 425 Plan Check 50% of permit fee 220 65% of permit fee State Surcharge .50/$1,000 50 1,535
Esti*.#""i Development Costs pagr Three Rate Cost Per Lot y GRADING, UTILITIES &'STREETS: — $8,000-16,000 depending on topography, soil conditions & lot size 12,000 PROPERTY TAXES: $720/lot/yr (assuming 2 yrs. holding) 1,440 LAND COST: $8,000/acre 4,000 OTHER COSTS: Sales Commissions 1,750 Interest Charges ($20,000 @16% 3,200 for 2 years) Final Plat & Recording Fees 200 Profit 500 5,650 TOTAL • 25,930
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
SATURDAY, SEPTEMBER 12, 1981
4:00 PM, CITY HALL
COUNCIL MEMBERS:
COUNCIL STAFF PRESENT:
ROLL CALL: All members were present
The Special Meeting of the City Council was called to order at 4:00 p.m. by Mayor
Wolfgang H. Penzel.
Staff and Council discussed the letter sent to all Eden Prairie residents by William
Cooley relative to the Public Hearing on Tax Increment Financing to be held on Tuesday,
September 15, 1981.
Staff was instructed to review the letter for accuracy and to have the information
available at the Council Meeting on September 15, 1981.
MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 600 p.m.
Motion carried unanimously.
Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath, and George Tangen
City Manager Carl J. Jullie and Finance Director
John D. Frane
220
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
UESDAY, SEPTEMBER 15, 1981
COUNCIL MEMBERS:
COUNCIL STAFF:
7:30 PM, CITY HALL
Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath, and George Tangen
City Manager Carl Jullie, City Attorney Roger
Pauly, Finance Director John Frane, Planning
Director Chris Enger, Director of Community
Services Bob Lambert, City Engineer Eugene A.
Dietz, and Recording Secretary Karen Michael
INVOCATION: Councilman George Bentley
PLEDGE OF ALLEGIANCE
ROLL CALL: All members were present
1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Bentley moved, seconded by Redpath, to approve the Agenda as published.
Motion carried unanimously.
II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 1, 1981
Page 9, para. 5, line 1: add "and" after "sewer;" line 8: change the word "or" to
"and," to read :"1' and a 10%.
Page 9, para. 6, line 1: correct word should be "signed."
Page 13, para. 1: change "Moore" to "More."
Page 13, D. 2.; change "Jakes" to "Jacques."
Page 14, E. 3., para. 2: change "protected" to "by-pass."
MOTION: Redpath moved, seconded by Edstrom, to approve the minutes of the September 1,
1981, Council meeting as amended and published. Motion carried unanimously.
III. CONSENT CALENDAR
A. Clerk's License List
B. 1st Reading of Ordinance No. 81-10. an ordinance amending Ordinance No. 79-43
which provides regulations prohibiting the parking of vehicles and which author-
izes the designation of areas where parking is prohibited and the ordering and
placing of signs relative thereto
C. Award contract for Bennett Place Improvements, I.C. 52-001 (Resolution No. 81-192)
City Council Minutes -2- September 15, 1981
D. Authorize Mayor and City Manager to execute a supplemental lease agreement wit
h
Physical Electronics Industries, which will allow an easement to the City to be
established (Resolution No. 81-194)
E. Award bids for softball backstops
MOTION: Bentley moved, seconded by Redpath, to approve items A - E on the C
o
n
s
e
n
t
Calendar. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. Public Hearing for creation of Development District No. 1 and Economic Developmen
t
District, and Tax Increment Financing Plan (Resolution No. 81-190)
City Manager Jullie stated copies of the plan had been forwarded to the Cou
n
c
i
l
o
n
August 18, 1981, and on August 27, 1981, were made available for public ins
p
e
c
t
i
o
n
.
He said the City is proposing to use tax increment financing in conjunction
w
i
t
h
other funding sources in order to accomplish some much needed and long soug
h
t
r
o
a
d
improvements in and around the City's Major Center Area. Jullie cited the
o
b
j
e
c
t
i
v
e
s
(page 1-1 of the Plan, a copy of which is attached to these Minutes) which the
C
i
t
y
hopes to achieve through the Development Program. Jullie outlined the Devel
o
p
m
e
n
t
District on a map and described the parcels included in the Tax Increment Dis
t
r
i
c
t
.
Jullie explained the capital cost of the improvements as outlined on page 4-
4
o
f
the Plan as well as how these costs will be financed. He reviewed the traffi
c
a
c
c
i
-
dents which have occurred in this area in the past 61/2 years. Jullie said th
a
t
i
n
addition to City Staff, Jim Reyer and Dick Graves from the O'Connor & Hannan
l
a
w
firm, the City's bond counsel, and Bill Fahey, the City's financial consultan
t
,
w
e
r
e
present and would be happy to address any questions.
City Attorney Pauly noted the documents contained in a brochure entitled, "T
a
x
I
n
-
crement Finance Hearing" (a copy of which is attached to these Minutes.) In
c
l
u
d
e
d
are memoranda from: City Manager Jullie dated September 14, 1981; City Engi
n
e
e
r
Dietz, dated September 8, 1981, regarding traffic safety resulting from Deve
l
o
p
m
e
n
t
District Improvements; City Engineer Dietz, dated September 10, 1981, in whi
c
h
h
e
sets forth the conclusion that the areas included in the tax increment distr
i
c
t
a
r
e
occupied by buildings, streets, utilities, and other improvements; City Engi
n
e
e
r
Dietz, September 8, 1981, in which he outlines the sources for the estimates
o
f
t
h
e
project costs; Chief Building Inspector Sanders, dated September 9, 1981, in
w
h
i
c
h
he
reports the buildings on the land included in the District are not structura
l
l
y
s
u
b
-
standard; City Assessor Martz, dated July 7, 1981, in which he describes the
r
e
d
u
c
-
tions in assessed valuations in the shopping center due to sales levels; Pl
a
n
n
i
n
g
Director Enger, dated July 7, 1981, in which he outlines the history of the
c
o
n
c
e
p
t
for the improvements and expectations for the construction and implementati
o
n
o
f
tht:
road system; Director of Public Safety Hacking, dated September 8, 1981, se
t
t
i
n
g
fort
data relating to accidents in the area. Also included in the brochure are:
e
x
c
e
r
p
t
s
of the August 24, 1981, Planning Commission minutes at which time the Plan
w
a
s
d
i
s
-
cussed and found to conform to the general plan for the development of the
m
u
n
i
c
i
p
a
l
-
ity; a September 2, 1980, letter to A.J. Lee from W.M. Crawford in support of c
e
r
t
a
i
r
,
of the contemplated improvements; a letter from G.L. McCoy on behalf of th
e
E
d
e
n
Prairie School Board setting forth its Resolution in support of the Plan; a le
t
t
e
r
from William E. Fahey, Ehlers and Associates, Inc., verifying the financial pr
o
j
e
c
-
tions contained in the Plan as well as the feasibility of the Plan; Resolution
N
o
.
81-5-428R of the Hennepin County Board, adopted May 12, 1981, requesting the C
i
t
y
to
prepare a plan for an Economic Development District as soon as possible and to
s
u
b
m
i
t
City Council Minutes -3- September 15, 1981
such plan to the County Board Of Commissioners; a letter to the Eden Prairie School
District, dated September 11, 1981, regarding a correction on page 4-8 of the Plan;
letters dated September 3, 1981, to Members of, the County Board, AVTI School Dis-
trict #287, and School District #272 regarding two replacement pages for the Plan;
copies of receipts of certified mailings; copies of legal notices published in the
Eden Prairie News; City Clerk's affidavit of mailing notices; letters of transmittal.
dated August 18, 1981, to the County Board, School District #272, and AVTI School
District #287, at which time the Plan was submitted to these Boards; and an excerpt
from the August 18, 1981, City Council minutes at which time a Resolution calling
for a Public Hearing for creation of Development District No. 1 and Economic Devel-
opment District was set for September 15, 1981, was passed.
Pauly also called attention to a memorandum dated September 15, 1981, from the
O'Connor & Hannan firm presenting the Plan to the Council for its consideration.
Letters were also submitted by: Feeders, Incorporated, dated September 14, 1981;
St. Andrew Lutheran Church, dated September 15, 1981; Homart Development Co„ dated
September 14, 1981; BRW to Mr. Gene Dietz, dated September 14, 1981, all of which
concern the Plan. Also available was the brochure."Major Center Area . Public
Planned Unit Development." dated June 1973.
Robert Boblett, 22 Greenway Gables, Minneapolis, a real estate broker specializing
in industrial property, who is also an appraiser, counselor and property manager,
addressed the Plan. Boblett stated he has been in real estate since 1946; was a mem-
ber of the Minneapolis City Planning Commission for nine years, latterly as its Pres-
ident; served one year on the Metropolitan Planning Commission; and for a number of
years served on the Minneapolis City Charter Commission, He said he has seen Eden
Prairie emerge from a rural, pastoral, idyllic place of beauty to a bustling place
of business. Eden Prairie is now probably one of the two or three outstanding pro-
spective sites for industry as we now know it; industry in this metropolitan area
is attractive and clean. Eden Prairie competes with Plymouth and Minnetonka for
The Preserve; he served as a counselor to Minnegasco and Associated Dry Goods (Powers
at the time the Eden Prairie Center was being established; his company sold the
this industry. Boblett said he serves on a committee which advises Minnegasco on
property now owned by Hartford to the Pillsbury Company, the sale of which was not
concluded because Pillsbury opted to stay downtown; later his company sold the land
to Hartford Insurance which he hopes will soon be of benefit to the City. Boblett
said he does not claim to be an expert on Eden Prairie, but he does feel he has a
degree of familiarity with the City.
The firm of O'Connor & Hannan had shown him the Plan and asked him to respond.
Boblett noted that over the years he has found it interesting that the Naeoele pro-
perty has failed to develop and he has been aware of the struggles of the Shopping
Center. It has become quite clear to him that the Shopping Center must really be
made to succeed or the peripheral development will not occur. He cited the develop-
ment of fast food, office buildings, clinics, and the like around Southdale, Brook-
dale, and the other "Dales." He does not think Eden Prairie is experiencing that
to the degree which should be expected. That can be ascribed to troublesome egress
and ingress. Boblett thinks the Plan certainly ought to be of great relief to the
bottlenecking of access to the Center for one thing.
aacoi 6
City Council Minutes -4- September 15, 1981
Boblett feels that the Plan will open the area up to development. It will also
make existing development price sensitive or more valuable in the market. It has
got to result in a substantial construction velocity -- wages paid to people buildino
buildings, suppliers of material, graders of ground, installers of pipe, etc. All
of which, in his opinion, is going to amount to appreciation of the value of the
land,which the Assessor will discover and levy taxes on i and which will help the
City coffers.
Boblett was asked to respond to three points. Will the Plan result in the preser-
vation and enhancement of the tax base of Eden Prairie? He said it would. Will
the Plan result in increased employment in the City? He said there is such mobility
in employment now that he didn't know if a certain number of jobs could be ascribed
to Eden Prairie, but it would be to the City's benefit. Will the Plan discourage
commerce, industry, or manufacturing from moving operations to another State? Bob-
lett stated that anything that is good in terms of encouragement of job opportunities
cannot fail to achieve such an end.
Boblett said, in his opinion, the Plan is an economic good for the City of Eden
Prairie; and, as a real estate economist he could see no reason not to give the
Plan favorable consideration.
Redpath asked what specific dollar amount has been lost due to reduced or lost
taxes from the Eden Prairie Center. Jullie said City Assessor Martz's memo noted
approximately $750,000.
Bentley asked to have the historical background addressed for those who might not
be totally familiar with what has occurred. Enger spoke to the question, noting
the Metropolitan Planning Commission had designated the 169/494/TH5 area as a con-
stellation center in the 1960's. Subsequent to that date, Eden Prairie took that lea ,
and in its 1968 Guide Plan designated the area as a Major Center Area and recognized
that access was poor. In that original concept a ring route was illustrated as a
collector/distributor route. In the 1973 Major Center Area Task Force Report this
concept was again refined and the need for a ring route was shown. The City attempte:
to put together financing in terms of identifying the various County, State and Fed-
eral agencies that would help with the improvements. The City felt it had
commitments from these groups and developers did rely on the City's plans and repre-
sentations from the various governmental agencies that road improvements would be
forthcoming. Over the course of time those commitments have faltered. The 1979 Guic
Plan again reinforced the idea of the ring route as the only method of correctly dis-
tributing traffic around the cloverleaf intersection. With the Federal, State and
County funding cutbacks the City finds itself having to take on much of this respon-
sibility.
Martin Diestler, 9905 Bluff Road, questioned the method used for assessing the Shop-
ping Center. He also asked what the Plan would cost him in tax dollars. Penzel ex-
plained certain portions of the project were construed to be of community-wide bene-
fit and therefore a general city-wide levy would be made. He also explained the Hem:
pin County Assessor's Office is responsible for assessing the value of shopping cent.
in the County and this value is considered to be related to the total amount of busi-
ness done. Diestler asked how long it would be before the increased taxation on the
properties would take effect. Penzel explained the tax increment financing concept.
L)- Q--
City Council Minutes
-5 - September 15, 1981
Redpath asked what the value of the properties within the tax increment financing
district is at this time and what it might be in the future. Fahey said the esti-
mated current value is $5,863,000; the projected value of the property with just
the projects underway now would be estimated at $26,864,000 or an increase in value
of $21 million.
E.J. Hopkins, 12395 Oxbow Drive, asked if the population estimate of 60,000 was
an accurate projection. Penzel stated that estimates have varied widely in the
past ten years but the estimate falls somewhere between 40,000 and 60,000. Hopkins
asked if the Plan includes improving TH 169. Jullie explained that MnDOT has in-
cluded upgrading of the bridge over 1494 in its construction program, which will be
a major improvement.
Sidney Pauly, 17450 West 78th Street, expressed concern regarding the motives behind
the Cooley letter. She noted the letter must have been an expensive proposition.
It is her understanding Cooley has interest in commercial property about three miles
north of the Major Center Area in Minnetonka, Although she believes he is philo-
sophically opposed to tax increment districts, he applied for tax increment financing
for his property, She feels it is in the best interests of Eden Prairie to proceed
with the Plan.
Ed Rollin, 15415 Morraine Way, asked what two mills means in terms of tax dollars.
Finance Director Frane said a mill is equal to $23,
Paul Sylvander, 16451 Hilltop Road, asked for reassurance these figures will not
be skyrocketing. Penzel said the fact the properties on which the tax increments
will be captured are now in existence means the costs of the project, except for
the two mill levy, are covered. There is not a question as to whether these things
will materialize or not. One has to assume there will be substantial growth through-
out the City; consequently the tax base of the City will grow and the need for City
participation will diminish.
Bradley Hoyt, 6985 Jeremy Court, further explained how commercial properties are
taxed. As a commercial developer, he expressed the need for the projects proposed
in the Plan. Once access into the area is achieved, development will occur and the
tax base will be further broadened. He feels it is not an increase in taxes, but
rather something which must be done, It is his opinion that the Plan would be
detrimental from Mr. Cooley's standpoint in that Cooley owns or controls a sizeable
amount of land -- the closest area into the Loop that presently has fluid ingress
and egress.
William Cooley, 2202 Meeting Street, Minnetonka, introduced himself as the person
who sent the letter to Eden Prairie residents (a copy of which is attached.) He
expressed concern as a Hennepin County and State of Minnesota taxpayer that tax
monies will be used to build roads in the development area. He would prefer to
see the cost assessed against the benefited property owners. He stated he does
own 100 acress of land north of this project, and he did apply for tax increment
financing for $146,000 to do some subsurface road grading. He also said he will
soon own a substantial amount of property in Bloomington -- the Metropolitan Sta-
dium site. He reviewed his involvement in the law suit which he filed against the
City in December 1980.
City Council Minutes -6- September 15, 1981
City Attorney Pauly clarified points made by Cooley regarding the law suit.
The litigation that Mr. Cooley spoke of earlier, that he commenced in Decem-
ber, was terminated as a result of the City's concluding during the course
of the trial that it would be prudent to do so because of concerns expressed
by members of the Legislature. The City then moved to dismiss the complaint
for mootness since no issue remained after termination of the Plan. The Court
issued an order rendering judgment for Mr. Cooley. However, it did not specify
the nature of judgment. The City and HRA made a motion for clarification con-
tending that it is inappropriate to render a judgment when the matter had not
been tried on its merits. The trial terminated at a point where Mr. Cooley's
first witness, an employee of the City, who was called for cross-examination,
under the rules, was still testifying, The Judge acknowledged in his order
that the trial had not been concluded, The Court clarified its judgment and
awarded $1 nominal damages to Mr. Cooley and his Court costs, The City and
HRA have filed an appeal to the Supreme Court because, although we do not con-
cede the point, we anticipate an argument may be made that the judgment has
some bearing on a future plan.
Jim Rylander, 9601 Crestwood Terrace, recently moved to the area and would not
have done so had he realized the extent of development which is planned.
Bob Cole, 7160 Park View Lane, asked what happens if revenues do not cover the
cost of bonds. Frane explained that buildings are already in existence in the
district and taxes will continue to be paid on them; revenues are not based on
just buildings to be built.
Edward Pierre, 9275 Cedar Forest Road, asked if there were "hidden" costs in-
cluded to cover the cost of services such as police and fire protection. Jullie
said there is an existing valuation in all of the parcels which will not be cap-
tured -- that is about $5.864,000. That will generate over $500,000 per year in
taxes which will be spread in the normal way so these properties will be paying
for services. Pierre felt this was a poorly attended public hearing and that
the public address system was not adequate.
Diestler asked if the $46 per year (2 mill) levy was based on the number of people
in Eden Prairie now or in the future. Penzel said it was based on the present value
and present mill rate.
Tim Pierce, 16669 Honeysuckle Lane, spoke to the issue of fiscal disparities and
the fact that 40% of our new tax dollars leave the City coffers. Penzel asked if
taxes within the District are subject to fiscal disparities. Fahey said they are.
Redpath noted Cooley had attempted to have the tax increment financing law changed
by the 1981 Legislature and was not successful; therefore,the Legislature was in-
dicating to cities that this was a viable financing method and of mutual benefit.
a.7.i.ok-1-
City Council Minutes -7- September 15, 1981
Roland Peterson, 9507 Creekwood Drive, expressed concern about the water problem
residents faced this past summer and wondered how new development would affect this.
Penzel explained the situation did not last very long and will be eased greatly when
new wells, now under construction, and expansion of the water plant are completed in
1982. '
Duane Cable, Cedar Forest, has lived in Eden Prairie for three years and has not
seen the growth which he had anticipated. He feels residents should take a look at
the smell levy amount which will be assessed versus the convenience which will be
provided by additional commercial and service establishments.
Bob Hanson, 6923 Rosemary Road, a 13 year resident, commended the Council for coming
up with a Plan'which will provide the community with a sound distribution system.
Rochelle Diers, 11650 Riverview Road, asked how the area in the Plan was determined,
if it was based on the tax revenues to be ceptured. Frane said that was basically
correct -- as few parcels as could be found to get the job done as soon as possible.
Jan Gerecke, 6622 Golden Ridge Drive, asked if there was any way that this could be
put to a referendum. Reyer said a referendum is not required. Pauly said as a prac-
tical matter, due to timing requirements, a referendum is not feasible.
Vicki Koenig, 7239 Topview Road, asked if these roads will be sufficient to handle
the additional traffic. Jullie said they should be adequate.
Kim Weinzapfel, 6975 Tartan Curve. questioned whether this is an economic development
plan or a safety development plan. Reyer responded the intent of Chapter 472A is to
foster economic development in certain areas. One of the elements of economic devel-
opment and successful commercial development is safe ingress and egress from commer-
cial areas; there is a direct connection between safe streets, access and egress and
commercial development. Penzel explained the benefits will accrue to the whole dis-
trict and will promote economic development. Weinzapfel wondered if this is really
feasible with today's economic situation. He feels the Plan is needed.
Lorraine Conrad, 9081 Sunrise Circle, asked why it is necessary to have all of
Eden Prairie developed. She lives here because it is a rural community.
Frank Pfau, 9400 Garrison Way, believes "drawing card" stores are needed at the Eden
Prairie Shopping Center.
Clarence Schafer, 6618 Golden Ridge Drive, wondered whether or not the Shopping Center
developers thought of the road system before they built. Penzel explained promises
or commitments had been made by the State and Federal government, but these have been
defaulted on so it now becomes our responsibility.
City Council Minutes
-8- September 15, 1981
MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing and to
continue Resolution No, 81-190 to the Special Council Meeting to be held on Tuesday,
September 22, 1981, The record will remain open for submission of written material
up to that time for review by the Council.
Pierre asked where the meeting would be held. Penzel said it will be held in the
Council Chambers.
Hakon Torjesen, 6605 Rowland Road, expressed a desire to have the Public Hearing
kept open and urged the Council members to vote against the motion.
Sidney Pauly noted the public can still attend Tueday's meeting,
Ed Rajek, 6258 Harborouqh Court, urged the Council to vote no on the motion because
all the residents have not been heard. He said the only formal hearing notice he
had received was for the Special Assessment Hearing to be held on September 22, 1981.
Penzel explained the procedure for notifying residents for city-wide benefit projects
via the Eden Prairie News,
VOTE ON MOTION: Motion carried unanimously,
B. OVERLOOK PLACE by Hustad Development Corporation. Request to preliminary plat 30
duplex lots and 9 single family lots. Located north of Pioneer Trail and East of
Yorkshire Point. (Resolution No. 81-175) Continued from 9/1/81
Wally Hustad and Dick Putnam were present. Putnam spoke to the changes made in
the plan since the September 1, 1981, meeting. A change in the location of the tot-
lot has been made; the nine lots on Creek Knoll will be developed as single family
lots.
Bentley asked if the same number of units as previously proposed are included in
this request. Putnam said yes, Bentley asked if the lot sizes are according to
Ordinance. Enger replied they are.
Hustad said the reason the lots on Creek Knoll Road are now developable
is because the road will become a cul-de-sac;whereas it is now quite heavily
travelled because of the access it provides to TH 169.
Tangen asked if the totlot is now adequate to serve the neighborhood and if there
is sufficient access. Director of Community Services Lambert said he felt the lo-
cation was better now. Also a 6' asphalt walkway will be constructed so everyone
should know the way to the totlot, Tangen asked who would maintain the park and
totlot. Lambert said the City would assume that responsibility.
o t-t
City Council Minutes -9- September 15, 1981
Edstrom asked if the size of the totlot had changed. Lambert said the first
totlot was 10,900 square feet, the one shown this evening is 12,300 square feet.
Patrick Prom, 12661 Pioneer Trail, lives across the street from the proposed devel-
opment. His front yard has been greatly reduced by the new road alignment. He is
concerned about drainage problems which might occur when the Creek Knoll lots are
developed. He does not wish to have houses at his front door which he feels will
be the case since some are shown fronting Pioneer Trail.
Juhn Kelley, 9576 Yorkshire Lane. asked if the totlots will open to a hazardous
park area and has the density problem been addressed since Hustad came back with
the same proposal. Lambert said no plans have been made to separate the totlot
from the park area.
Roland Peterson, 9507 Creekwood Drive, said he has been unable to find Creekwood
Park. If the totlot is included on Overlook Place, it will be used by many child-
ren from the Creekwood area and provisions should be made for them to get to the
area safely.
Kelley asked if perhaps a fence with gates might be added to the totlot plans.
Carol Gallagher, 9448 Creekwood, asked if this totlot is adequate. Penzel said
this is designed for the toddler to six or seven year old age group and not as
a playfield for older children.
Loralee Olson, 9523 Creekwood, questioned where the transition is if there is a
cul-de-sac at Creek Knoll Road thereby making the triangle area under discussion
a part of Creekwood which is less dense and less crowded. Penzel explained future
plans for roads in the area whereby Creek Knoll will sometime connect with Sunny-
brook Road. He also noted that there were five opinions relative to the transition
question on the Council.
Edstrom asked if there would be any access from Creekwood to the totlot. Lambert
said the only access would be off of County Road 1 and the street system. Hustad
said the reason a totlot was not included in Creekwood was because of the lot size
and topography.
Stuart Loper, 9506 Woodridge Circle, noted that single family lots and homes have
been selling well just down the road a short way in the BanCon Development. Hustad
stated single family housing is no longer affordable housing and BanCon, now known
as Hans Hagen, is concentrating on quadraniniums. Hans Hagen had looked at this
property and would have liked to build single family homes here, but the market is
just not there.
John Nord, 9375 Creekwood, sees no reason to compromise a neighborhood just to
unload land.
Peterson wondered why there has not been a sign on the property advertising it for
sale as single family lots.
Mike Kodrich,9450 Woodridge Drive, feels the proposal is too dense, He feels the
lots will not be marketable due to overcrowding.
c:;cloy
City Council Minutes -10- September 15, 1981
Phil Hummel, 9396 Creekwood, wondered if it is logical to assume that the single
family lots on Creek Knoll would be marketed as doubles should Hustad not be able
to sell them as single family lots. Penzel said a letter had been submitted on
September 14, 1981, by Hustad committing them to single family lots via the Develop-
er's Agreement should this project be approved. Kodrich asked if this would be
legally binding. Penzel said it would as it becomes an attachment to the deed.
Edstrom asked Hummel if this satisfied his concern. Hummel said he was concerned
about how close it would get to his house.
Penzel said he had expressed concern over the density at the last meeting. He
feels that transition is not shown. Edstrom said he concurs with Penzel. It is
a very tough judgement to make and he realizes it is an economic problem. Penzel
feels the developer ought to be given an opportunity to take another look at the
density. Bentley does not disagree with the use of doubles as transition housing,
but feels there is too much density on this piece of property. Tangen said he
would support the proposal and would stand by his statement of the last meeting.
He feels doubles are a transition in this area which has some unique features.
Redpath said he would support the proposal and noted the mixed land use in the
area. Penzel noted the concern of Bentley, Edstrom, and himself is one of density;
the issue is not doubles,
Hustad said he would like to discuss the matter of density and is willing to do
whatever is necessary to make it work.
MOTION: Moved by Tangen, seconded by Redpath, to continue the Public Hearing
to October 6, 1981, and to have the Parks. Recreation & Natural Resources Commission
review the proposal before that time. Motion carried unanimously.
C. CITY WEST by Richard W. Anderson. Request for PUD Concept approval for office and
commercial upon 87 acres. (Resolution No. 81-177) Continued from 9-1-81.
Dave Sellergren, attorney with Larkin, Hoffman, Daly & Lindgren, represented ADI,
He presented a petition signed by residents west of the proposed development who
support the project, That is attached to these minutes, He noted no environmental
impact statement is required as they are in compliance with existing rules, It is
the view of his client that the Guide Plan should be changed just as circumstances
have changed in the period since the Guide Plan was adopted. Settergren addressed
the issues which had been raised at the September 1, 1981, Council meeting. ADI
is willing to reduce the amount of surface parking by 25% with the addition of struc-
tured parking;the first level of which would be at grade, the other below. They
are also willing to pay for any and all traffic related improvements on Shady Oak
Road,including signals and surfacing necessitated by this proposal; parking areas
will be terraced; a pathway will be built around the lake and the roadway circling
the area; consideration will be given to the site lines of the homes along Golden
Ridge, ADI would be willing to do some planting for the residents in that area.
Planning Director Enger stated he had just seen the plans for Phase I this afternoon
and had not had time to review them.
Edstrom asked what access is provided to the northeast corner of the area. Enger
said access would be provided off the loop road on the north and also from the
road along the Honeywell site. The road width has not been evaluated, but the lo-
cation is adequate,
a aog
City Council Minutes -11 September 15, 1981
Tangen said he has given this matter a great deal of consideration since the last
meeting. He feels strongly that the Council should receive input from the Plan-
ning Commission relative to the PUD concept. He would like to have the matter sent
back to the Planning Commission to consider PUD concept approval. Tangen cannot
support either one, PUD concept or Guide Plan, separately. Edstrom said he cannot
find fault with the Planning Commission for only going as far as it did. Bentley
noted the question before the Council is one of general land uses. He feels the
Guide Plan and PUD are inseperable and sending it back to the Planning Commission
won't accomplish anything. Tangen said the Council is discussing issues which the
Planning Commission has not addressed such as decked parking, more open space. He
would like Planning Commission input as they are better able to look at specifics
and the Council should not be doing the job of the Planning Commission. Bentley
said the Planning Commission had chosen to look only at the land use issue and
did not wish to look at the rest of the proposal until the Council had decided
on the general land use in question.
Redpath asked if there was any documentation regarding Honeywell's plan. City
Manager Jullie said he has not seen anything regarding Honeywell's plans. Penzel
said he had been contacted by corporate officers of the Residential Division of
Honeywell over a year ago regarding the potential use of the site. They were con-
sidering it as a research and development facility but that would take from 3 - 5
years to accomplish.
Penzel noted the residents seem to have a problem with the credibility of ADI as
it is perceived -- such as with the advertising, grading, etc. How does ADI pro-
pose to close this credibility gap? Richard Anderson responded that his firm has
hired BRW to give them exacting and precise architectural plans. ADI plans to
build the exact building BRW presents. They are working with a number of pension
funds to fund the project. Penzel asked if a time limitation as to completion of
the project would be acceptable. Anderson said they would be willing to listen to
anything which was reasonable. Settergren said he presumed a Developer's Agreement
would be part of the development and that could be contained in that docu-
ment.
Penzel said the PUD process was designed to provide flexibility. He does not have
an automatic negative reaction to this proposal; many positives are presented in the
proposal. He would agree with Tangen to send it back to the Planning Commission but
not without noting their previous action was cursory at best. Bentley asked if Pen-
zel was suggesting the Council should make specific recommendations about general
land use and then send it back for their review. Penzel said he would say there
is merit in this proposal, but he would not tell the Commission what to do. Bentley
feels the main issue is, is this an appropriate land use. He spoke to his feelings
regarding this specific proposal: there could be some residential on the site;
office space could be on the site; there is a right to the validity of residents in
an area to have certain expectations relative to anticipated land uses around them;
and he is against regional commercial on this site because it is in direct compe-
tition with the Major Center Area. Bentley said he would not be able to support
the proposal as it now stands, if a vote were taken now.
Zko
City Council Minutes -12- September 15, 1981
Tangen said he does not feel tile Guide Plan is cast in concrete. This is a major
project which should not be hurried through the process without all due deliberation.
Anderson should be given the opportunity to modify the plan just as he has done
during this past two week period.
Edstrom said he feels a regional office use makes a great deal of sense at this
location. The site must be treated with sensitivity and quality in appearance and
development. The question of the amount of asphalt which will be seen by the resi-
dents and those driving by must be examined not only by the Council but by the Plan-
ning Commission.
Redpath said what changes are being discussed in the Guide Plan only affect the
lower third of the property. One issue is involved -- multiple dwellings on that
portion of the property. The Planning Commission did not do the Council any favors
by not acting on this. He would like to see this sent back to the Planning Commissic
for their review.
Tangen recommended asking the Planning Commission to look at the PUD concept only
and not the Guide Plan change.
Edstrom said he is not opposed to a hotel at that location.
Penzel said he would be open to an appropriate proposal. He would like to see re-
zoning done on a parcel by parcel basis rather than full-scale on this property so
the City would have further control.
Redpath noted the letters which were submitted at the September I, 1981, meeting
from various businesses referred to "possible" interest in this location.
City Attorney Pauly called attention to his memorandum to the Council dated Septem-
ber 15, 1981, regarding City West. In that memorandum he addresses the necessity
for the Planning Commission to hold a public hearing to consider the adoption of
a resolution amending the Guide Plan, should that be necessary.
MOTION: Edstrom moved, seconded by Redpath, to refer the matter back to the
Planning Commission for their recommendation on the PUD concept and for a public
hearing on amending the Guide Plan if necessary.
Bentley said he failed to see what would be gained by this. Penzel said the Planning
Commission has not looked at the Guide Plan. Bentley said he could not go along with
the motion. Penzel said publication of a hearing on the Guide Plan by the Planning
Commission had not occurred.
John Herman, attorney for the Greater Bryant Lake residents, said they believe there
is reasonable flexibility in the Guide Plan. His group would be happy to work with
the developer.
Julia Larson, 6509 Rowland Road, said she had not been notified of tonight's meeting.
She is in favor of the development as proposed.
City Council Minutes -13- September 15, 1981
Phyllis Redpath, owner of property at 6609 Golden Ridge Drive, asked if the Council
was aware of any property owner in the City, other than Anderson, who has had 90
or more acres proposed for development who put in utilities prior to rezoning, Penzo'
said what Mr. Anderson did may have been unconventional, but it was permitted because
it coincided with City plans.
Gerald Steelman, 6601 Golden Ridge Drive, has met with Anderson. He feels the resi-
dents are not opposed to everything and are not unreasonable.
Bentley asked for a point of clarification: is it true the Council cannot legally
act on the Guide Plan amendment without the Planning Commission first having a
public hearing? Pauly said that was correct.
VOTE ON THE MOTION: The motion carried unanimously.
MOTION: Tangen moved, seconded by Edstrom, to extend the Council meeting to 12:30 a.m.
Motion carried unanimously.
D. MEADOWS 2ND REZONING LOTS 1 - 8, BLOCK I by Central Investment Corporation. Re-
quest to rezone 8 lots from R1-13.5 to RM 6,5. Located at 7508 - 7578 Bittersweet
Drive. (Ordinance No. 81-19)
Herb Mason, representing Central Investment Corp., reviewed the request.
Jim Eder, Central Investment Corp., said they have had various companies attempting
to develop these lots for single family residences since 1978.
Planning Director Enger spoke to the Staff Report dated August 12, 1981. The Plan-
ning Commission reviewed the request at its August 24, 1981, meeting at which time
it voted 6-0 to deny the rezoning.
City Engineer Dietz noted a letter from Helen Richter of 7571 Bittersweet Drive
in which she asked the Council to vote no on the request, The letter is attached
to the Minutes.
Penzel noted a letter from Jay and Linda Janda of 7582 Bittersweet Drive which state(
their opposition to the proposal. That letter is attached to the Minutes.
Redpath asked how it happened that duplexes were built across from single family
homes. Enger explained that was how the developer had proposed it -- mixed density
largely due to poor soil conditions.
Tangen wondered how the owner of lot 9 feels about the proposal as he is most direct'
affected by the proposal. Jay Janda, 7582 Bittersweet, noted he had written a lettf
previously referenced. He disagrees with the request. Dennis Dirlam, the original
developer, proposed single family dwellings in this area and still does. He is con,
cerned with the traffic congestion in the area right now. Many of the doubles are
occupied by 6 renters which necessitates on street parking due to the number of cars
per unit. He feels granting this request would be spot zoning. The present density
is too high,
City Council Minutes -14- September 15, 1981
Lorrayne Conrad, 9081 Sunrise Circle, spoke to the traffic problem in the area
specifically in regard to children darting out into the street behind parked cars.
Janda said he did not receive notice of this Public Hearing. He said five single
family homes have been built within the area in the last year. It is his feeling
there is a market for single family homes.
Spencer Conrad, 15518 Garfield Circle, is opposed to the request.
Joyce Cram, 7586 Bittersweet, said she did not receive a notice of the Public Hear-
ing before the Council but she did receive notice of the Public Hearing before the
Planning Commission.
Conrad noted he has friends who are in the market for homes. Due to market condi-
tions they are looking at double homes simply because they are affordable. If and
when conditions change, these people will be looking for single family homes.
Janet Conrad, 15518 Garfield Circle, said homes on a cul-de-sac have sold first in
their area.
Mason called attention to a letter from Steve Neitge who is in support of the zoning
change. (Letter is attached.)
MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing and to
deny the request by Central Investment Corporation to rezone 8 lots from R1-13.5 to
RM 6.5 in Meadows 2nd - lots 1-8. Motion carried unanimously.
E. WESTWOOD INDUSTRIAL PARK by Richard W. Anderson Inc. Request for PUD approval of
42 acres as industrial, preliminary platting of 4 industrial lots, rezoning from
Rural and 1-5 to 1-2, and approval of an Environmental Assessment Worksheet. Loca-
ted south of Co. Rd. 67 and west of St. John's Woods Townhouses. (Ordinance No.
81-20 - rezoning; Resolution No. 81-188 - preliminary plat; Resolution No. 81-189 -
EAW; and Resolution No. 81-187 - PUD)
Michael Niomeyer and Janet Heinig of Hammel Green & Abrahamson, Inc., architects,
spoke to the proposal. The proposed site was formerly a gravel pit; the proposed
development is an industrial office park.
Planning Director Enger said this item had been considered on three different occa-
sions by the Planning Commission: July 13, 1981, August 8, 1981, and August 24, 192
At the August 8th meeting a recommendation to deny was made; alterations were made
by the Developer; the modified plan and a new Public Hearing was given at the August
24th meeting. At that meeting approval was given by a 5-1 vote to grant the PUD,
preliminary plat approval request, rezoning request, and Environmental Assessment
Worksheet. This approval was subject to the recommendations contained in the Staff
Report of August 13, 1981. Enger stated he and City Engineer Dietz had met with
property owners to the west and south of this site who are affected by construction
of the road which is contemplated. This matter has not been considered by the
Parks, Recreation & Natural Resources Commission because they have not met since
the Planning Comnission granted its approval. There would be adequate time for the
Parks, Recreation & Natural Resouces Commission to consider this prior to the 2nd
Reading of the Ordinance, should the Council vote favorably on the matter.
V Lt1
City Council Minutes -15- September 15, 1981
Penzel asked if this would be visible from St. John's Woods. Enger said the
moraine would protect their view.
Redpath asked about the location of the realigned existing private road. Enger
explained the location would be about 150 feet east of its present location and
would improve site lines.
Bentley asked if there was grading to be done in the floodplain. Enger said he
had checked that and did not find any.
Edstrom wondered what the impact of this project would be on the area to the south.
Enger explained the land directly to the south is owned by the Centurion Company
and is zoned residential. That property is about the same grade and a grading
buffer would have to be provided between the two properties. The area to the south-
west is shown on the Guide Plan as industrial. That property is very high in com-
parison to this property and would be looking down on the proposed site.
Bentley asked what type of buildings Anderson is intending to build. Anderson said
they would be contemporary -- concrete with slanted fronts. They would be built
for use by people in the computer industry. There will be seven buildings. Niemeyer
said this will be a unique industrial park. Bentley asked if there will be adequate
buffering of the site from the south. Enger explained the property which will be
most affected is the Centurion site and that is yet to be developed.
Edstrom inquired as to how this proposal fits in with the future of Townline Road.
Enger said the County has indicated the right-of-way for Townline Road would be
taken from the north side of the present alignment. The present road would become
a frontage road.
Bentley asked if there would be adequate parking. Enger said there would be 3 space
per thousand square feet which is according to Ordinance. Bentley wondered about
1
the crossing of the railroad tracks. Enger explained there would be no need to cross
the railroad tracks and the present road access would be moved further from the rail-
road tracks.
Richard reerick, 6518 Leesborough Avenue, noted a letter he had sent to the Council,
a copy of which is attached. His home would overlook the site. He questions the
buffering and density; he would like to see higher quality development and questions
the performance standards. Feerick stated he has always supported development in
Eden Prairie as long as it reasonable and done by professional people.
Joanne Irvine, 18930 Lotus View Drive, said no provision has been made for providinc
sanitary sewer to the area. She questions the access problems on Townline Road.
Irvine also has difficulty with the density of the proposed project.
Penzel asked what the ground coverage of the buildings is. Enger said it is lower
than the Ordinance would allow.
Enger explained the Planning Commission had looked at the question of egress out
of the project. If the road were put in on the western boundary and Anderson were
a benefiting property owner, the use of the road would be of benefit to the project
and the Planning Commission can see nothing wrong with that.
City Council Minutes -16- September 15, 1981
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing
a
n
d
t
o
give 1st Reading to Ordinance No. 81-20, rezoning from Rural and 1-5 to 1
-
2
,
t
h
e
area known as Westwood Industrial Park. This would be subject to review
b
y
t
h
e
Parks, Recreation & Natural Resources Commission prior to the 2nd Reading
o
f
t
h
e
Ordinance. Motion carried unanimously.
Cecil Wyman, 6560 Leesborough Avenue, representing Wyco, Inc. of 14001 W
e
s
t
6
2
n
d
S
t
.
.
asked assurance that they can operate as they are now operating with the
r
o
a
d
a
c
c
e
s
s
they have.
MOTION: Redpath moved, seconded by Bentley, to request Staff to draft t
h
e
D
e
v
e
l
o
p
e
r
'
Agreement including Staff Reports, Commission recommendations, provision
o
f
w
e
s
t
e
r
l
y
access road as .committed to by the developer -- details to be worked out prior to
the 2nd Reading of Ordinance No. 81-20, and acceptable screening to the
s
o
u
t
h
.
Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 81-
1
8
8
,
a
p
p
r
o
v
i
,
the preliminary platting of 4 industrial lots. Motion carried unanimous
l
y
.
MOTION: Bentley moved, seconded by Penzel, to adopt Resolution No. 81-1
8
9
,
a
p
p
r
o
v
i
r
the Environmental Assessment Worksheet. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 81
-
1
8
7
,
g
r
a
n
t
i
n
'
the request for PUD approval. Motion carried unanimously.
MOTION: Edstrom moved, seconded by Redpath, to extend the meeting to 1:
1
5
a
.
m
.
M
o
t
i
o
n
c
a
r
r
i
,
unanimously. Tangen expressed concern about the Council's ability to con
d
u
c
t
b
u
s
i
n
e
s
s
a
t
this
hour.
F. Drainage Improvements for vicinity of West 69th Street and Washington Ave
n
u
e
.
I
.
C
.
52-004. Request to order improvements and authorize preparation of plans
a
n
d
specifications (Resolution No. 81-191)
City Engineer Dietz spoke to the proposed request and recommended its app
r
o
v
a
l
,
Gary Gandrud, representing Crown Plastics, 9915 West 69th.Street, asked that the
duck pond behind Crown Plastics be included in the project due to draina
g
e
p
r
o
-
blems it creates. Dietz said that would be feasible,
Roger Ulstad, representing Viking Press, spoke in favor of the request.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing
a
n
d
t
o
adopt Resolution No. 81-191, ordering improvements and authorizing prepa
r
a
t
i
o
n
o
f
plans and specifications for drainage improvements for the vicinity of W
e
s
t
6
9
t
h
Street and Washington Avenue, I.C. 52-004. Motion carried with Bentley
a
b
s
t
a
i
n
i
n
g
.
G. Request for Municipal Industrial Development Bonds in the amount of $306
,
0
0
0
f
o
r
Town & Country Claim Service, Inc. (Bryant Lake Center - Lakeridge Offi
c
e
P
r
o
j
e
c
t
)
Resolution No. 81-197.
City Council Minutes -17- September 15, 1981
Bob Ryan of Ryan Development, developer/contractor of Lakeridge Office Par
k
,
spoke to the request. This is the sixth application of its kind for buildings
at Lakeridge.
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing
a
n
d
to adopt Resolution No. 81-197, authorizing the issuance of Municipal In
d
u
s
t
r
i
a
l
Development Bonds in the amount of $306,000 for Town & Country Claim Se
r
v
i
c
e
,
I
n
c
.
;
and to dispense with the reading of the Resolution. Motion carried unan
i
m
o
u
s
l
y
.
V. PAYMENT OF CLAIMS NOS. 8274 - 8465
MOTION: Redpath moved, seconded by Tangen, to approve Payment of Claims
N
o
s
.
8
2
7
4
-
8465. Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel vot
e
d
"
a
y
e
"
with Ed.trom abstaining on claim number 8382, Motion carried.
VI. REPORTS OF ADVISORY COMMISSIONS
There were no reports.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request from Timothy Gagner for time extension on rezoning for Alpine Estates
2nd Addition
City Manager Jullie stated Gagner has requested a 24 month extension of
h
i
s
Developer's Agreement. It has been 24 months since the preliminary plat
a
n
d
Developer's Agreement were approved. The City recommends an 18 month ex
t
e
n
s
i
o
n
.
MOTION: Bentley moved, seconded by Edstrom, to extend for 12 months the
D
e
v
e
l
o
p
-
er's Agreement and rezoning for Alpine Estates 2nd Addition, Motion car
r
i
e
d
u
n
a
n
-
imously.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Tangen - would like to see an additional meeting added to the Council sc
h
e
d
u
l
e
rather than have meetings extend past 12:30 a.m. He feels judgments are
a
f
f
e
c
t
e
d
when the meetings go beyond that time. Bentley asked if, historically,
m
e
e
t
i
n
g
s
have gone on like this. Penzel and Redpath said spring and summer have
b
e
e
n
r
a
t
h
e
r
slow times traditionally,but the number of items on the agenda increases
d
u
r
i
n
g
fall and winter when people are gearing up for the next building season
.
A
t
o
n
e
time the Council met three times a month -- and the Council met until 2
a
.
m
.
t
h
r
e
e
times a month instead of twice a month.
Penzel - a meeting of the South Hennepin Human Services Council will be
h
e
l
d
o
n
Monday, September 21, 1981, at the St. Louis Park Recreation Center. To
t
a
l
d
e
l
e
-
tion of funding is being recommended by the Hennepin County Commissioner
s
'
S
t
a
f
f
.
Edstrom - would like a status report on the Slope Ordinance at the Octob
e
r
6
,
1
9
8
1
,
Council meeting.
V 4)
City Council Minutes -18- September 15, 1981
B. Report of City Attorney
There was none.
C. Report of City Manager
City Manager Jullie spoke to his memo of September 11, 1981, in which he
addressed the matter of City Services and the options for development.
The Council discussed the merits of the various options addressed in the memo.
Planning Director Enger stated the Planning Commission had looked at the options
last evening and are in full support of the Mitchell Road site.
MOTION: Redpath moved, seconded by Tangen, to approve Option 1 (A. Public Safety
Building - with shooting range and maintenance garage to be added in the future -
and shell only of the conference/classroom and exercise room; B. Park and Recrea-
tion and Public Works facilities as in the revised program dated September 3, 1981.)
Motion carried with Penzel voting "no" because he disagreed with the option; he will,
however, work for the passage of the bond issue.
MOTION: Tangen moved, seconded by Redpath, to set November 17, 1981, as the date
for the bond issue and to instruct Staff to prepare the necessary plans and support-
ing documents. Motion carried unanimously.
MOTION: Tangen moved, seconded by Edstrom, to continue the meeting to 1:30 a.m. Motion
carried unanimously.
City Manager Jullie noted the City has drafted an option agreement for the Wein-
berg property.
MOTION: langen moved, seconded by Edstrom, to authorize the City Manager to
enter into an option agreement,at a cost of $1,000.00, for the Weinberg property.
Roll call vote: Bentley, Edstrom, Redpath, Tangen, and Penzel voted "aye."
Motion carried unanimously.
D. Report of City Engineer
1. Resolution receiving petition from MTS and authorizing a feasibilit re ort for
a combined project to include Mitchell Road (Scenic Heights to TH 5J/CPT Road/
MTS Road, I.C. 52-010 (Resolution No. 81-193)
City Manager Jullie spoke to the proposal.
MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 81-193,
receiving petition from MIS and authorizing a feasibility report for a com-
bined project to include Mitchell Road (Scenic Heights to TH 5)/CPT Road/MIS
Road, I.C. 52-010. Motion carried unanimously.
City Council Minutes -19- September 15, 1981
2. Receive petition for improvements in and adjacent to Westwood Industrial Park
and authorize feasibility study - including trunk watermain, lateral watermain,
lateral sanitary sewer, roadway along west line of development and the interior
cul-de-sac, I.C. 52-015 (Resolution No. 81-195)
MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 81-195,
receiving petition and ordering feasibility report for street and associated
utility improvements in Westwood Industrial Park, I.C. 52-025. Motion carried
unanimously.
3. Receive 100% petition for improvements for Autumn Woods, Phase I, and authorize
preparation of plans and specifications, I.C. 52-016A (Resolution No. 81-196)
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 81-196,
receiving 100% petition, ordering improvements and preparation of plans and
specifications for public improvements in Autumn Woods, Phase I, I.C. 52-016A.
Motion carried unanimously.
IX. NEW BUSINESS
There was none
X. ADJOURNMENT
MOTION: Tangen moved, seconded by Edstrom, to adjourn the meeting at 1:21 a.m.
M
o
t
i
o
n
carried unanimously.
8.1ao LI C._
•.-e 20 S-
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
THURSDAY, SEPTEMBER 24, 1981
8:00 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 and Finance Director
John D. Frane
ROLL CALL: All members were present
The Special Meeting of the City Council was called to order at 8 p.m. by Mayor Wolfgang
Penzel.
The Council reviewed the revenue section of the Proposed Budget. They discussed the
probability of continuation of grants from the State and Federal Governments. It was
noted that the difference in the mill rate between the 1981 Budget and the 1982 Pro-
posed Budget was 3/4 mill.
The Council reviewed individual programs. Several questions were asked concerning the
City's operating policies. It was noted by the Council that the employee benefits pro-
gram in the Proposed Budget was 33% higher than in the 1980 Budget. Staff responded ther
was an additional $20,000 in the Proposed 1982 Budget for additional insurance and that
the pension cost increase was due to additional employees and increases in F.I.C.A. The
Council expressed general concern over the amount in the Budget for heating and electri-
city.
City Manager Jullie explained his reasons for not granting additional help in the
Assessing, Public Safety, and Parks Departments as had been requested.
The decrease in the teen activities program in the Proposed Budget was discussed at
some length.
Staff was instructed to bring back to the Council an alternate tree disease program.
It was noted that the Community Center Operations budget accounted for approximately
1/2 of the mill increase.
Staff was instructed to report back to the Council on various other items.
By unanimous consent, further action on the Proposed Budget for 1982 was continued to
the October 6, 1981, meeting of the Council.
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 11:30 p.m.
Motion carried unanimously.
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
October 6, 1981
CONTRACTOR (MULTI-FAMILY & COMM.)
Kloster Madsen Construction
CONTRACTOR (I & 2 FAMILY)
H. A. Kloss & Son, Inc.
Prime Properties, Inc.
Quality Development, Inc.
PLUMBING
Bruce Plumbing Co.
Gus Co. Plumbing, Inc.
WELL DRILLING
Ingleside Engineering
SEPTIC SYSTEMS
Ingleside Engineering
SOLICITORS LICENSE
Arnold Klar - Firewood
Minnesota Cablesystems-Southwest
MECHANICAL DEVICE
PDQ Food Store
Twin City Novelty Company - Sears
These licenses have been approved by the department heads responsible
for the licensed activity.
) vd-
H .
Pat Solie,. Licensing Clerk
2204,
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Bob Lambert, Director of Community Services
Stuart A. Fox, City Forester
October 2, 1981
Private Property Reforestation Quotations 1981
The 1981 Foestry budget included $30,000 for purchase of reforestation trees
to be distributed to homeowners lossing trees to Dutch elm disease. Residen
t
i
a
l
property owners can receive a maximum of 8 trees.
Bids are written so the City reserves the right to accept the bid on a tree
variety basis. Specifications also include 2 sizes (caliper diameters) of
trees giving the City the greatest latitude in staying within the budget
allotment.
The bid summary sheet is attached.
The staff recommends that the City Council reject the quotation prices indi
c
a
t
e
d
with "X's" since they were not consistent with the bid specifications.
The staff recommends that the following nurseries be awarded the contract t
o
supply reforestation trees for this fall based on compliance with specifica
t
i
o
n
s
and low price.
Braun Nursery 144 - 1 3/4-2" Marshall Ash $23.50 ea.
tie Jewell Nursery 143 - 1 3/4-2" Marshall Ash $23.50 ea.
Braun Nursery 126 - 1 3/4-2" Redmond Linden $25.75 ea.
Noble Nursery 149 - 1 3/4-2" Norway Maple $23.00 ea.
Braun Nursery 277 - 1 3/4-2" Sugar Maple $28.50 ea.
Braun Nursery 63 - 1 1/2-1 3/4" Skyline Locust $19.50 ea.
$3,384.00
$3,360.50
$3,244.50
$3,427.00
$7,894.50
$1,228.50
Braun Nursery 201 3'-4' Colorado Spruce$24.50 ea. $4,924.50
total cost
$27,463.00
Average cost per tree
$24.89
Braun Nursery is in Port Hope, Ontario Canada and at the present time, staff
is trying to ascertain whether or not the nursery stock will be hardy for p
l
a
n
t
i
n
g
in Eden Prairie. The staff recommends that the award be contingent on proo
f
of hardiness by Braun Nurr,ery in the form of satisfied local purchasers of their
plant material. Should Braun fail to supply this proof, staff requests tha
t
the Council assign the Forester the right to make adjustments in the quotat
i
o
n
award and make the award as follows:
2 2.01
tie
-2-
Jewell Nursery 287 — 1 3/4-2" Marshall Ash
Mn. Valley Nursery 126 - 1 3/4-2" Redmond Linden
Noble Nursery
(same as low bid)
Noble Nursery 138 - 1 3/4-2" Sugar Maple
Jewell Nursery
139 - 1 3/4-2" Sugar Maple
$23.50 ea. $6,744.50
$34.95 ea. $4,403.70
($3,427.00)
$29.50 ea. $4,071.00
$29.50 ea. $4,100.50
McKay Nursery 63 1 1/2-1 3/4" Skyline Locust $23.60 ea. $1,486.80
Mn. Valley Nursery 201 1'-4' Colorado Spruce $24.99 ea. $5,022.99
Total cost $29,256.50
Average cost per tree
$26.52
Original total estimated cost was $30,000. Last year (1980) average cost
per tree was $25.66.
SAF:md
2.2.011
••'-' WELL" woe', • -••••• 31zAvkl 1.33.vz Ale eeçOiaesrFerion.) OuoiZs. .14„,zo:2 matit/ _ eteteSAALL. (231) c.e. vs.- 134 RE'Dme4.1D tter..1 ) - MNT)1.6 tz7.7) ftvipLE „171. — V: - SK•11-54.nC . Locust' -2,601.56 ,(75N :4,54-12:23:: : th t/pzi..8o 21,310.25) Irj s 181.25 1310 4t, n o lid 4 Z3*C° itl .4,j,C..1U • t43421•CO) 62.0.00 t . 241 '20.00) 1310 No ; ' BtDtH CV 1,32, 05) e 114.00) Pao 1 6/(0.50 ; (114 7 3S.so) i/1251.% C3,244.50, 1 s 5. lq-Zc (.$ 2,4•25 -50) $ ($ 3, snns) 1428.50 ($1;394.So) 23. SO t(,)95.50d1 So) • (41,222.So g Ite-50 II! ("11 OWS•50).! ozz .e0) -No BID.- • j$02.16) tclo s 2.4.4S $ 3.0.0.70 -1.30 ••••n• (so) i24.tpo 3j(425.40) 41ts./5 (32,19 3.15) 0 Gt0 . -0- • 415,nt.so 4z4.so G.so) 41 8tD SPRNG 198 COLOetwo0 0.00 I SVZOCC 1 1.31 — t3, L!) ; (to. 25 C1) / (s 5, o2Soo) (1)74to $ 28.00 t.2..3 •00) spec.. SPEC. Ar-bill c_MANGeo SI-EcnF,e-cn 718zr-sisheierl , ; • o SI •.
MEMORANDUM
'TO: Mayor and City Council
THRU: Bob Lambert, Director of Community Services
FROM: Stephen Sullivan, Assistant Park Planner
DATE: September 18, 1981
SUBJECT: Flying Cloud Concession/Storage Building
On Thursday, September 3, 1981, the City received, opened and publicly read
the bids for the construction of the Flying Cloud Concession/Storage Building.
The following bids were received:
Hirsch Brothers, Inc. ' $10,800
V.I. Zeah Construction Co. $10,845
Durst & Gans Construction Co. $12,398
T. L. E. Constrctuion Co. • $13,109
Staff recommends that the project be awarded to Hirsch Brothers, Inc. for
$10,800. All work is to be completed before October 30, 1981. Funds for this
project are derived from the 1979 Park Bond Referendum.
Staff would also like to bring to the attention of the Council that NSP will
provide service to the building at a cost of $840. Cabinets and tables will
be provided at a cost of approximately $200. The total project price amounts
to $11,840. Staff estimated the total project price to be $15,000.
SS:md
20
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R 81-203
RESOLUTION RECEIVING PETITION AND ORDERING
FEASIBILITY REPORT FOR UTILITY IMPROVEMENTS
ON MARIANN DRIVE (I.C. 52-017)
WHEREAS, a petition has been received and it is proposed to make
the following improvements;
I.C. 52-017, Sanitary sewer and watermain
and assess the benefitted property for all or a portion of the cost of the
improvements, pursuant to M.S.A. 429.011 to 429.111.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
That the proposed improvements be referred to the City Engineer for study
and that a feasibility report shall be prepared and presented to
the City Council with all convenient speed advising the Council
In a preliminary way as to the scope, cost assessment and feasi-
bility of the proposed improvements.
ADOPTED by the Eden Prairie City Council on
, Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
VA
.Names of Petitioners
(Must Be Property Owners)
6--q-7-0-14-4-040-v-:-(> •
I.
9-1,71/ J/
eivanw to* ...teAt.
CITY OF EDEN PRAIRIE, MINNESOTA
PETITION FOR LOCAL IMPROVEMENT
To The Eden Prairie City Council:
The undersigned property owners herein petition the Eden Prairie City
Council to consider making the following described improvements Cs):
s (General Location)
1,0". Sanitary sewer fAct-r IA D rst
Watermain.
Storm Sewer
Street Paving
Other
It It
A.Art %Cti. Alc-4-4__=.12 a'OC)C5 AJNxit.-
Street Address or Other
Legal Description of
Property to be Served
990 (11a62-.1 n4 beiv4-
le
(For City Use)
Date Received I -PLI -81
Project No. Z.2.1211
Council Consideration
2 2 1 0
October 6, 1981
CITY Of EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R81-204
RESOLUTION APPROVING PLANS
AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS
WHEREAS, the City Engineer, through Rieke Carroll Muller Assoc .., Inc.
has prepared plans and specifications for the following improvements to wit:
I.C. 51-016k, Sanitary sewer, watermain
and street construction for Autumn Wood
Phase I
and has presented such plans and specifications to the Council for approval.
. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE:
1. Such plans and specifications, a copy of which is on file
for public inspection in the City Engineer's office.
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 plans and specifications. The adver-
tisement shall be published for2 week(s), shall specify
the work to be done, shall state that bids shall be opened
at 10:00 A.M. on Tuesday, October 20, 1981, and
considered by the Council at 7:30 o'clock P.M. on Tuesday,
October 20, 1981,i11 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
llolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Franc, Clerk
2211
Wolfgang H. Penzel, Mayor
SEAL ATTEST:
JO-hn D. Franc, CTeiT
22.12.
CITY OF EDEN PRAIRIE
HENNEPIN'COUNTY, MINNESOTA
' RESOLUTION NO. R81-205
A RESOLUTION APPROVING FINAL PLAT
OF SMETANA S CREEKSIDE ADDITION
WHEREAS, the plat of Smetana's Creekside Addition has been sub-
mitted in the manner required for platting land gnder the Eden Prair
i
e
O
r
d
i
n
a
n
c
e
Code and under Chapter 462 of the Minnesota Statutes and all procee
d
i
n
g
s
h
a
v
e
b
e
e
n
duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City pla
n
a
n
d
the regulations and requirements of the laws of the State of Minnesota and ordin -
ances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
A. Plat Approval Request for Smetana's Creekside Addition is approve
d
upon compliance with the recommendation of the City Engineer's
Report on this plat dated October 1, 1981.
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 NSA 462.358, Subd. 3.
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.
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
B.
C.
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Mayor Penzel and Members of the City Council
Carl Jullie, City Manager
Eugene A. Dietz, Director of Public Works
October 1, 1981
SMETANA'S CREEKSIDE ADDITION
(
PROPOSAL: Frank Smetana, Jr., has requested City Council approval of the
final plat of Smetana's Creekside Addition. This addition consists
of one lot, containing approximately 3.6 acres, and is located south
of Smetana Lane and north of Nine Mile Creek in Section 12.
HISTORY: The preliminary plat was approved b; the City Council on August 4,
1981, per Resolution R81-144.
Zoning of this property is presently Rural. Rezoning has not been
requested and construction upon the parcel will not be allowed
until a zoning request is approved.
No Developer's Agreement has been approved for this plat.
VARIANCES: Variance request #81-13 was approved by the Zoning Board of
Appeals and Adjustments on June 18, 1981, allowing the division of a
parcel less than 5 acres in a Rural zone.
UTILITIES AND STREETS: No utilities or streets will be installed at this
time.
PARK DEDICATION: The requirements for park dedication will be defined
upon receipt of a zoning request.
BONDING: No bonding will be required.
RECOMMENDATION: Recommend approval of the final plat of Smetana's Creek-
side Addition, subject to the requirements of this report, the
Planning Staff report dated July 28, 1981 (couy attached), and the
following:
1. Receipt of fee for City Engineering services in
the amount of 530.00.
12-1,
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
PROJECT:
APPLICANT:
. OWNER:
REQUEST:
Planning Commission
Jean Johnson, Assistant Planner
Chris Enger, Director of Planning
July 23, 1981
SMETANA'S CREEKSIDE ADDITION
Frank J. Smetana
Helen B. Smetana
Preliminary plat approval to divide 3.6 acres
from 16 acres
BACKGROUND c
WUnlit 2Tars ago, Helen Smetana sold 12.4 acres, (no
r
t
h
o
f
S
m
e
t
a
n
a
R
o
a
d
)
,
to Mr. Cherne. This 12.4 acre piece was part of a 16 a
c
r
e
p
a
r
c
e
l
o
w
n
e
d
by Mrs. Smetana of which the remaining 3.6 acres is
s
i
t
u
a
t
e
d
s
o
u
t
h
o
f
Smetana Road. Both of these properties are zoned Ru
r
a
l
(
s
e
e
a
t
t
a
c
h
e
d
location map).
The applicant, Frank Smetana Jr., (on behalf of his
m
o
t
h
e
r
)
,
f
i
l
e
d
f
o
r
a
n
administrative division but was unable to secure si
g
n
a
t
u
r
e
s
o
f
a
l
l
a
d
j
o
i
n
-
ing property owners. Therefore, the remaining proce
s
s
t
o
r
e
q
u
e
s
t
a
p
p
r
o
v
a
l
of a division is via the platting process in conjun
c
t
i
o
n
w
i
t
h
a
r
e
q
u
e
s
t
before the Board of Appeals to grant a division in
a
R
u
r
a
l
D
i
s
t
r
i
c
t
l
e
s
s
than 5 acres in size. The Board of Appeals granted
t
h
e
v
a
r
i
a
n
c
e
o
n
J
u
n
e
18, 1981. (approval conditions attached)
Division of the 3.6 acres south of Smetana Lane from
t
h
e
t
o
t
a
l
1
6
a
c
r
e
parcel will allow the 2 owners, (Mr. Cherne & Smetana),
t
o
r
e
c
e
i
v
e
s
e
p
a
r
a
t
e
tax statements without approving zoning or building up
o
n
e
i
t
h
e
r
p
i
e
c
e
.
Under these circumstances, the Planning Staff beleive
s
t
h
e
d
i
v
i
s
i
o
n
i
s
a
reasonable request.
The 3.6 acre piece is majoritably floodplain except a
b
a
n
d
5
0
-
1
5
0
'
a
c
r
o
s
s
the northern edge. After some filling, (as approved b
y
W
a
t
e
r
s
h
e
d
)
,
t
h
i
s
piece by itself or combined with an adjacent piece wo
u
l
d
b
e
b
u
i
l
d
a
b
l
e
.
D
e
d
i
c
a
t
i
o
n
of the floodplain will be reviewed with the future dev
e
l
o
p
m
e
n
t
r
e
q
u
e
s
t
.
RECUMNDATIONS
The Planning Staff would recommend approval of the p
r
e
l
i
m
i
n
a
r
y
p
l
a
t
c
o
n
t
i
n
-
gent upon the following:
1. Owner shall not construct upon the property until suc
h
t
i
m
e
a
s
z
o
n
i
n
g
is approved, utilities are available, and a hard surf
a
c
e
s
t
r
e
e
t
t
o
C
i
t
y
standards is in place.
2. Any future grading or filling must conform to City ol
d
W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
rules and regulations.
JJ:ss
z (1
PRAIRIE LAKESJORPORA2ON
By /// ,
WGB/mel
cc: Doug Moe
2,2i5
PRAIRIE LAKES CORPORATION
11111 Anderson Lakes Parkway
Eden Prairie, Minnesota 55344
(612) 941-6692
September 16, 1981
Honorable Wolfgang Penzel
Mayor
City of Eden Prairie
and
Members of City Council
City of Eden Prairie '
8950 Eden Prairie Road
Eden Prairie, MN 55343
RE: Zoning for 138 Condominium Units at
11160 Anderson Lakes Parkway
Lots 1 and 2, Block 1, Anderson Lakes Addition
Dear Mayor and City Council Members:
In finalizing the construction plans for the 75 unit
building to be built next to the 63 unit building now under
construction at 11160 Anderson Lakes Parkway in The Preserve
in Eden Prairie, the architect and engineers came across
obvious mis-designs. On the second floor it became apparent
that in the core area two one bedroom units could be designed
instead of the one one bedroom unit that had previously been
contemplated for this space. This does not change the size
of the building as far as the foot print is concerned, the
revision does mean that the building will now contain 76
dwelling units instead of 75. The added dwelling unit is a
one bedroom unit.
The parking ratio will still remain 2 to 1; there will
be 152 parking spaces for the intended 76 unit condominium
building.
We respectfully request a hearing before the City
Council to approve this minor deviation, so that the total
condominium units on the two above lots will be 139 instead
of the presently intended and approved 138.
Very truly yours,
0 CT 'D 2 Oil HOWARD DAHLGREN ASSOCIATES
INCORPC1.1(1,
CONSULTING PLANNERS
ONE OROVELANO TERRACE
MINNEAPOLIS, MINNESOTA 55403
IMP•377-3536
30 September 1981
Honorable Mayor and Members of the
City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Honorable Mayor and Councilpersons:
This letter is to request the continuance of the Public Hearing
scheduled for Mr. Karl ,Teterson on 6 October 1981 to the regular
Council meeting scheduled for 20 October 1981. The reason for this
request is due to a significant change im access to the property.
In our last meeting with the Planning Commission it was proposed
that a public street be built between our client's property and
the Superamerica property. This was to be a joint proposal by both
landowners. This joint access proposal was not ultimately Approved
by the Superamerica executives nor its parent corporate executives.
We need the additional time to revise the access plan for this
property as well as address concerns that were brought up by
adjoining property owners and the Planning Commission.
We look forward to presenting this project before you at your next
meeting on 20 October.
Respectfullyi7=-7
-
Paul Rlais
Site Planner
cc: Karl Peterson
2 z I
MEMO
Mayor Penzel and Members of the City Council
Eugene A. Dietz, Director of Public Works
Carl Jullie, City Manager
October 1, 1981 .
1981 Assessment Projects, Deferred from September 22 Meeting
TO:
FROM:
THROUGH:
Date:
Re:
The October 6, 1981, Council agenda contains a resolution which would finalize
the 1981 assessment projects. As you will recall, four projects were deferred
for further study and trunk sewer and water assessments for the Haynes prop-
erty was deferred for discussion at the October 6 meeting. The following
paragraphs are a brief diOussibn 'Of our analysis Of the deferred projects:
1. I.C. 51-325 (Valley View Road Extension)
This project was deferred at the request of our Attorney.
The purpose was to provide you an opportunity to analyze
written findings for the project Prior to the final de-
cision regarding assessments being made. The cost figures
are not proposed as being changed from the information
provided you on September 22, 1981. However, you will
receive some information regarding possible deferments
for thePavelkas from Attorney Rosow.
2. LC. 51-343 (Chatham Woods)
This project was deferred due to the high costs incurred per .
lot for the improvements as constructed. Typically, a 100% petition
project is given five years to pay for the assessments. How-
ever, due to the high costs, it is recommended that the project
be given ten years to pay the assessments at an interest rate
of 12%. Based on the original estimate of $14,500 per lot,
8.5% interest and five year repayment, the principal and interest
payments range from $4,132 in the first year to $3,146 in the
fifth year. With an assessment of $17,673, 12% interest and
ten year repayment plan, the first year payment would be $3,8 138,
fifth year payment would be $3,040 and the tenth year payment
would be $1,979. The result of this recommendation is that
the annual payments are less than the payments would have been
had the project materialized at the estimated cost and interest
rate.
3. LC. 51-359 (Norseman Industrial Park)
This project was deferred to allow the method of assessing the
Prudential property to be reanalyzed and to review the number of
years for repayment. I am recommending that the repayment sched-
ule be changed from five years to seventeen years to be consistent
with previous assessments for the area (there are existing parcels
2241
2.2-1
in the assessment district). The method u
s
e
d
t
o
a
r
r
i
v
e
a
t
t
h
e
• 20% assessment rate for the Prudential p
r
o
p
e
r
t
y
h
a
s
s
o
m
e
b
a
s
i
s
in fact, however, I do understand the argu
m
e
n
t
s
o
f
f
e
r
e
d
a
g
a
i
n
s
t
that rationale. On the cther hand, it is
m
y
o
p
i
n
i
o
n
t
h
a
t
t
h
e
100% rate is not fair and equitable due to
t
h
e
n
e
e
d
t
o
p
o
n
d
water in their parking lot. Therefore, as
a
c
o
m
p
r
o
m
i
s
e
,
i
t
i
t
being suggested that the Prudential prope
r
t
y
b
e
a
s
s
e
s
s
e
d
a
t
5
0
%
of the rate applied to the balance of the
p
r
o
p
e
r
t
i
e
s
.
B
y
n
o
t
assessing the property at the full rate,
i
t
w
o
u
l
d
b
e
r
e
a
s
o
n
a
b
l
e
to include the property in a future assessm
e
n
t
d
i
s
t
r
i
c
t
w
h
e
n
t
h
e
Pearson property is developed. The figures
i
n
c
l
u
d
e
d
i
n
t
h
e
a
t
-
tachment to the resolution for these final
p
r
o
j
e
c
t
s
i
n
c
l
u
d
e
s
t
h
e
Prudential property being assessed at a 50%
r
a
t
e
.
4. I.C. 51-395 (Kirk Miadows)
This project was deferred because of an er
r
o
r
i
n
t
h
e
m
e
t
h
o
d
o
f
calculating the benefit to Immanuel Luther
a
n
C
h
u
r
c
h
.
T
h
e
E
x
h
i
b
i
t
to the resolution indicates the final figur
e
s
.
f
o
r
t
h
e
p
r
o
j
e
c
t
.
The end result is that the City Trunk Fund
w
i
l
l
p
i
c
k
u
p
t
h
e
e
x
t
r
a
costs: beyond one lot unit for the Immanue
l
L
u
t
h
e
r
a
n
C
h
u
r
c
h
.
.
The credit of $1,000 per lot is also shown
i
n
t
h
e
a
t
t
a
c
h
m
e
n
t
a
s
-
well as an additional $1,193 credit for th
e
t
w
o
l
o
t
s
w
h
i
c
h
h
a
d
water service prior to the construction of
t
h
i
s
p
r
o
j
e
c
t
.
S. Supplementals
The assessments for trunk sewer and water
f
o
r
p
r
o
p
e
r
t
y
o
w
n
e
d
by Haynes was continued at the owner's req
u
e
s
t
.
I
t
i
s
r
e
c
o
m
-
mended that the assessments for PIN's 02-
1
1
6
-
2
2
2
3
0
0
0
6
a
n
d
03-116-22 14 0005 be deferred until connect
i
o
n
i
s
m
a
d
e
o
r
further subdivision occurs. This is in acc
o
r
d
a
n
c
e
t
o
p
a
s
t
City policy for homesteaded property.
EAD:kh
October 6, 1981
CITY OF EDEN PRAIRIE
HENNEPIN.COUNTY, MINNESOTA
RESOLUTION NO. R81-206
RESOLUTION APPROVING 1981 SPECIAL ASSESSMENTS
WHEREAS, pursuant to proper notice duly given as required by
law, the City Council has met and heard and passed upon all objections
In the proposed assessments for the following improvements, to wit:
(See Exhibit A attached)
(Projects continued from September 22, 1981 meeting)
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE:
1. Such proposed assessments are hereby accepted and shall con-
stitute the special assessment against the lands in the
final assessment rolls, and each tract of land therein
Included is hereby found to be benefited by the improve-
ment in the amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual install-
ments extending over a period of years as shown on Exhibit
A, the first of the installments to be payable on or before
the first Monday in January, 1982. Subsequent installments
shall bear interest at the rates shown on Exhibit A. No
interest shall be charged if the entire assessment is paid
on or before November 15, 1981.
3. The Clerk shall forthwith transmit a certified duplicate of
this assessment to the County Auditor to be extended on the
property tax lists of the County, and such assessments shall
be collected and paid over in the same manner as other
municipal taxes.
4. It is hereby declared to be the intention of the Council to
reimburse itself in the future for the portion of the cost of
this improvement paid for from municipal funds by levying
additional assessments, on notice and hearing as provided
for the assessments herein made, upon any properties abutting
on the improvements but not herein assessed for the improvement
when changed conditions relating to such properties make such
assessment feasible.
5. The assessment data of Resolution No. 81-185 is herein
revised in accordance with Exhibit A attached hereto.
ADOPTED by the Eden Prairie City Council on
tiolfgang H. Penzel, Mayor
ATTEST: 'SEAL
2.2-1 q John D. Franc, Clerk
RESOLUTION NO. R .81-206
EXHIBIT A
1. I.C. 51-325 (Valley View Road Extension)
Sanitary sewer, water main, Project Cost $2,147,191
storm sewer, street City share and
improvements, railroad trunk costs $1,162,062.99
x-ing, pedestrian bridge, Net assessment $985,128.01
sidewalks and trails on (Cost from feas- •
Valley View Road from ibility report $4,476,000)*
County Road No. 4 to
Tartan Curve.
Trunks
2140.00/Acre
Lateral Sewer
$1-2.67/Front foot (1)
$19.48/Front foot (2)
Lateral Water
'51.5.047F5A foot (1)
$19.48/Front foot (2)
Streets
$17.-ST%in. foot (3)
$25.00/Lin. foot (4)
$30.00/Lin. foot (5)
All benefitting parcels except Hidden Ponds & Maple Leaf Acres.
Benefitting parcels in Hidden Ponds & Maple Leaf Acres.
Maple Leaf Acres only.
All benefitting parcels except Maple Leaf Acres & School District 272.
School District 272 only.
*Project scope reduced.
17 years at 12%
2. LC. 51-343 (Chatham Woods)
Utilities, watermain,
sanitary storm sewer
and street improvements
in Chatham Woods and W.
62nd St.
Project cost
City share for
trunk costs
Net assessments
(No feasibility
report)
$1,173,939
$113,541
$1,060,398
$17,673.30/per lot 60 lots
10 years at 12%
(1)
(2)
(3)
(4)
(5)
2 2-
R 81
Exhibit A (Cont'd)
3. I.C. 51-359 (Norseman Industrial Park 4th Addition)
Watermain, Street and drainage
Improvements in Norseman
Industrial Park 4th Addition.
$4627.94/Acre for storm sewer
Previous storm sewer credited
to each lot.
$70.44/Lineal footage
Project cost
$340,907.98
Net assessment
$340,907.98
(Cost from feas-
ibility report
$358,323)
Watermain and street
17 years at 12%
4. I.C. 51-395 (Kirk Meadows)
Sanitary sewer, storm sewer,
watermain and street
improvements on Luther Way
and Meadow Lane.
Lots 1 & 2, Block 1
Project cost $186,123
City trunk fund $40,002.45
Net assessment $146,120.55
(Cost from feas-
ibility report $202,299)
Lateral sewer/
water $3692.55
Streets 3606.39
Trunk sewer/water 520.00
(Credit $1000 +
$1193*) 2193.00(-)
Total assessment $6,625.94
*Credit for previous water service.
Lots 3-9, Block 1
and
Lots 1-10, Block 2
and
16545 Luther Way (Former church
parsonage)
Immanuel Lutheran Church
Lateral sewer/
water $3692.55
Streets 3606.39
Trunk sewer/water 520.00
(Credit $1000) 1000.00(-)
Total assessment $6,818.94
Lateral sewer/
water $3692.55
Streets (5'i units)19835.20
Trunk sewer/water 520.00
(Credit $1000) 1000.00(-)
Total assessment $23-.047.75
17 years at 12%
2223
R 81
Exhibit A (Cont'd)
5. Supplementals
Trunk Sewer and Water
2-116-22-23-0006
2-116-22-23-0007
2-116-22-23-0008
2-116-22-23-0009
2-116-22-23-0010
2-116-22-23-0011
3-116-22-14-0005
17 years at 12%
$2402.4o*
$2867.21
$2309.09
$2164.95
$2796.97
$2681.82
$5597.06*
*Deferred until 'connection, development or rezoning.
OCT 2=1
September 30, 1981
TO: The Mayor of Eden Prairie
Eden Prairie City Council
Eden Prairie, Minnesota
Dear Sirs:
It has come to our attention that the Chatham Wood development (Project I.C.
51-343) in Eden Prairie will be getting final assessments for utilities,
watermain, sanitary storm sewer and street improvements. We understand that
these assessments will be levied at $17,673 per lot in the Chatham Wood
Development. As property owners in the Chatham Wood development, we are
appalled at the cost overruns of this project by the contractors hired by the
City of Eden Prairie.
It is our understanding that $17,673 is more than double the highest
assessment levied or pending in the City of Eden Prairie on similar
developments. Obviously, we have many unanswered questions about this
project. Some of the questions are as follows:
1. What can possibly go wrong to a project like this to cause costs to be
more than double what they should be ?
2. Who was the General Contractor on this project? Was this contractor ever
used by the City before?
3. What project management reviews took place during the project and what did
they uncover?
4. What documentation is available for public review of project costs and
project status reviews?
5. Who, from the City, was the Project Manager responsible for this project?
6. Did the terms and conditions in the project contract provide for overruns
and precisely how were they stated?
7. Why did it take more than one year after completion of the project for all
the costs to be known?
A, e2
Dr. and Mrs. Ed Rajek, Jr.
62584arborouah 2L
Tom Heelan
16795 Whittington Walk
'ichard Sampson
16752 Whittington Walk
Patricia Strig
16767 Whittington Walk
?ilf Thomas
16763 Whittington Walk
)1"bi'M
Donna Heelan •
16795 Whittington Walk
Charlene Sampgon
16752 Whittington Walk
',0764=04,r,
Tfibmas J. StA0
16767 Whittingtbn Walk
(") t'vs- f'sA
Nancy Thomas)
16763 Whittington Walk
ard Leising
16756 Whittington Walk
Al /
Lyn V e Leistim
167 Whittington Walk
2.22A
September 30, 1981
The Mayor and Council of Eden Prairie
Chatham Wood Assessments
Page two....
This is just a sample of the questions we as residents of Chatham Wood would
like answered. In view of all the unknowns in this matter, we request the
City of Eden Prairie obtain the services of an independent auditor who has
experience in auditing construction projects of this type. We recommend that
the auditor compare equivalent itemized costs of the Chatham Wood project with
similar projects in Eden Prairie. We also suggest that the auditor selected
be one who has done no business with the City of Eden Prairie in the past. We
request the results of this audit be made public.
Sincerely,
The Residents of Chatham Wood
Planning Commission Minutes
approved
August 24, 1981
MEMBERS ABSENT: Retterath
tRtY'RVE CONDOMINIUMS, by Prairie Lakes Corporation. Request
• '
or PUB Devel-6Fent Stage approval, plat approval, and rezoning
of 8 acres from Rural to RN 2.5 for construction of 2 buildings
for a total of 124 condominiums. Located south of Anderson
Lakes Parkway and west of Preserve Conmunity Center. A public
hearing.
The Planner stated that the proponent was present and has requested a continuation
to the September 14, 1981 meeting.
MOTION
SUIT-17f moved to continue the public hearing on Preserve Condominiums to the Sept.
14, 1981 meeting. Torjesen seconded, motion carried 6-0.
Planning Commission Minutes
approved
September 14, 1981
MEMBERS ABSENT: Hallett
B. PRESERVE CONDOMINIUMS, by Prairie Lakes Corporation. Request
for PUD Development Stage approval, plat approval, and rezoning
of 8 acres from Rural to RN 2.5 for construction of 2 buildings
for a total of 124 condominiums. Located south of Anderson
Lakes Parkway and west of Preserve Community Center. A con-
tinued public hearing.
Beaman stated that the letter from Mr. McLeod dated 8/20/81 should be made part
of the minutes.
The Planner stated Mr. Larry Peterson of The Preserve was present to give the
presentation.
Peterson reviewed the location, stated that construction is tentatively scheduled
for Spring of 1982, there will be 124 total units (2 buildings), stated that
the units facing Neill Lake would be 3 bedroom units and cost approximately $90,000
and the smaller units around $60,000.
Bearman asked if the placement of the p'an lay-out is the same as in 1978. Peterson
replied it is similar and stated that originally there were rentals being requested.
The Planner reviewed the staff report dated 8/13/81.
Beaman asked if there is a fire road going around Neill Lake. The Planner
replied that there will be a pathway around the lake.
22.2S
approved
Planning Commission Minutes -2- September 14, 1981
Gartner asked why this plan would be approved by the City Council when the
1978 plan was denied. The Planner stated that in 1978 there was more open
l
a
n
d
.
He stated that this plan conforms to all ordinance requirements.
Peterson stated that they held a public meeting on June 24, and stated that
approximately three (3) residents came.'
Retterath stated that she used to live in The Preserve, and felt that there
is a problem with over-loading this area of The Preserve. The Planner stat
e
d
• that the Sewer, water, roads, etc. have all been provided for more developm
e
n
t
in this area and stated that having people live around amenities in The Pre
s
e
r
v
e
will make it look more *suburban like'. He stated that the density has be
e
n
down-graded from the original plan.'
Retterath then asked approximately how much of The Preserve is available for
development. Peterson replied that 13 acres are owned but not yet built u
p
o
n
,
and that there are 12 more acres across from Hans Hagen. ,
Torjesen stated that he felt that it should be noted that a variance is neede
d
down the midale of the driveways along the lot line.
Bearman asked if anyone had any other questions and/or comments to make. Non
e
were raised.
MOTION 1
tartner moved to close the public hearing on Preserve Condominiums plat. Re
t
-
terath seconded, motion carried 6-0.
MOTION 2
Gartner moved to recoomend to the City Council approval of the rezoning from
Rural to RN 2.5 as per the plan dated 8/7/81 and the 8/13/81 staff report.
R
e
t
t
e
r
a
t
h
seconded, motion carried 6-0.
MOTION 3
Gartner moved to recommend to the City Council approval of the preliminary p
l
a
t
dated 8/7/81 as per the 8/13/81 staff report. Retterath seconded, motion ca
r
r
i
e
d
6-0.
2.224
STAFF REPORT
TO:
FROM:
THROUGH:
DATE:
PROJECT:
APPLICANT:
REQUEST:
LOCATION:
Planning Commission
Jean Johnson, Assistant Planner
Chris Enger, Director of Planning
August 13, 1981
PRESERVE CONDDMINTUMS 3 & 4
Prairie Lakes Corporation
1. PUD Development Plan
2. Rezoning from Rural to RM 2.5
3. Preliminary plat approval.
South of Anderson Lakes Parkway and West
of Preserve Center (old horse pasture
adjacent to barn)
BACKGROUND
1976 - May: East/West Apartments
Tfie—Preserve applied for approval of a 129 subsidized rental apartment
project. The project was recommended for denial by the Planning Commission
and denied by the Council.
1976 - October: East/West Apartments
The Preserve reapplied for 129 rental apartments (non-subsidized). The
Planning Commission recommended approval; the Council voted not to consider
the request because no new substantial information had been presented.
1978 - Anderson Lake Apartments
We—Preserve applied for approval to construct 126 rental apartments.
The Planning Commission recommended approval of the project amid resident
objections that they wished to have the horse stable continue. The Preserve
continued discussions with the residents and with no compromise visible,
they requested continuation of the Council public hearing. At the following
Council meeting, the Council moved to close the public hearing on the Preserve's
request and denied the project without prejudice. (approved site plan attached-
figure 1)
PRESERVE PUD
Ihe Preserve PUD depicted this area as medium density residential and a sign
stating such is posted.
GUIDE PLAN
The City's Guide Plan illustrates this site as RM 2 4Iedium Density Residential
within an existing PUD.
PRESENT REQUEST
Develop, plat and rezone 8.1 acres from Rural to PM 2.5 for construction of
2 condominium buildings with a total of 124 ownership units.
Staff Report-Preserve Condominiums page 2
ORDINANCE REQUIREMENTS
Ord. 135 & 141
min. lot size 25,000 sq. ft.
min. width & depth 150'
setbacks: 30' front
10:50 sides
20 rear
max. density 17.42 units/acre
min. parking 1 enclosed - 1 outside
The project meets the City ordinances.
Proposed
8.1 acres (excluding outlot A)
300+ feet
200 feet
32:85 feet
100+ feet
15.5 units/acre (124+ 8)
162 in + 86 out = 248 (2/unit)
The landscaping plan will have to be submitted for review and ap
p
r
o
v
a
l
p
r
i
o
r
to a building permit. Revisions resulting from change in entran
c
e
l
o
c
a
t
i
o
n
and building movements may be necessary. Refer to Site Plan disc
u
s
s
i
o
n
.
EXISTING SITE CHARACTER
'The site is characterized by high land near the Parkway (830-840
1
,
a
drop to 816' and then rising again to 838 and dropping again to 814
-
8
1
6
'
.
Along the west and northwest portions is a ridge with oak trees.
W
e
s
t
o
f
the property are platted unbuilt duplex lots.
SITE PLAN
The building orientations are both towards Neill Lake. The buildi
n
g
s
a
r
e
located on the southern INIlf of the site allowing 2 storm water po
n
d
s
a
n
d
parking at the north end.
The Preserve Center plat divided this 9.1 acre site into lot 2, b
l
o
c
k
1
a
n
d
outlot A (50'+ wide strip across the north side). The submitted
p
l
a
t
w
i
l
l
alter the Preserve Center plat by incorporating the previous outl
o
t
A
i
n
t
o
the apartment site and creating a new outlot A, a triangular shap
e
d
1
a
c
r
e
lot in the northeast corner, which will not be zoned at this time
b
u
t
i
s
expected to be combined with and zoned multiple with a 2 acre sit
e
t
o
t
h
e
east. Less the 1 acre outlot A at the northeast, the site is 8 ac
r
e
s
i
n
s
i
z
e
.
Placement of the entry drive access near the western border requi
r
e
s
cuts
and grading into a hill which has oak trees. Alternate locations
f
o
r
t
h
e
drivo are limited because of location of the storm water ponds an
d
p
e
d
e
s
-
trian underpass. If the west storm water pond can be reduced in
s
i
z
e
o
r
altered in grading to accommodate bringing the road 40 feet furth
e
r
e
a
s
t
,
it should be relocated.
Onsite inspection of the entry location shows minimal sight lines
.
T
o
correct this additional grading across the wooded knoll and removal
o
f
the proposed berm east of the entry will have to be done unless the
e
n
t
r
y
can be relocated.
22..27 •
Staff Report-Preserve Condominiums page 3
The parking lot and some roof drainage will flow north t
o
a
n
d
d
i
s
c
h
a
r
g
e
i
n
t
o
the ponds. Additional drainage will flow south, be pic
k
e
d
u
p
i
n
a
h
a
r
d
s
u
r
-
face spillway with a filter and then be discharged nort
h
o
f
N
e
i
l
l
L
a
k
e
w
i
t
h
water eventually reaching the lake. A 12' equalizer is
l
o
c
a
t
e
d
u
n
d
e
r
t
h
e
p
e
d
-
estrian way to maintain both ponds at the same elevat
i
o
n
.
A
l
l
p
o
n
d
a
r
e
a
s
and storm sewer will be owned and maintained by owner.
S
i
d
e
s
l
o
p
e
s
f
o
r
1
0
f
e
e
t
adjacent to the pond must be graded no greater than 4:
1
f
o
r
s
a
f
e
t
y
.
T
h
e
C
i
t
y
Engineering Department requests that storm water pond c
o
m
p
u
t
a
t
i
o
n
s
b
e
s
u
b
m
i
t
-
ted for review and approval. Overflow will be piped al
o
n
g
t
h
e
e
a
s
t
e
r
n
b
o
r
d
e
r
and discharged north of Neill Lake. All utility and st
o
r
m
w
a
t
e
r
p
l
a
n
s
w
i
l
l
b
e
subject to review and approval of the Nine Mile Creek W
a
t
e
r
s
h
e
d
D
i
s
t
r
i
c
t
.
No orking lot lighting is depicted. The Staff recomme
n
d
s
t
h
a
t
a
l
l
l
i
g
h
t
i
n
g
be no higher than 20 feet and be equipped with cut-off
l
u
m
i
n
a
r
s
.
The proposed grading will increase the natural high ar
e
a
n
e
a
r
t
h
e
P
a
r
k
w
a
y
another 2-6' to create berms which will be landscaped
t
o
p
r
o
v
i
d
e
screening.
The contours surrounding the natural low areas will b
e
r
e
s
h
a
p
e
d
t
o
c
o
n
f
i
n
e
storm water.
The eastern building is located close to existing gra
d
e
s
.
T
h
e
w
e
s
t
e
r
n
b
u
i
l
d
i
n
g
and drive turn around requires cuts into the wooded hi
l
l
a
n
d
t
h
e
p
l
a
n
i
l
l
u
s
t
r
a
t
e
s
grading 45 feet past the building which eliminates the
w
o
o
d
e
d
s
l
o
p
e
s
a
n
d
w
i
l
l
replace it with sodded slopes. If the building were mo
v
e
d
a
n
o
t
h
e
r
1
0
e
a
s
t
at its north end and rotated 30'+ eastward at the south,
m
o
r
e
o
f
t
h
e
w
o
o
d
e
d
h
i
l
l
area could be preserved in its natural character. (see
f
i
g
u
r
e
1...) Leaving
as much of the existing wooded hill as possible will pro
v
i
d
e
a
g
r
a
d
e
a
n
d
tree buffer between the duplex lots and apartments.
TRANSPORTATION
The entrance road is properly located between the inter
s
e
c
t
i
o
n
s
o
f
P
r
e
s
e
r
v
e
Blvd. and the Parkway and Center Way and the Parkway, bu
t
d
o
e
s
n
o
t
h
a
v
e
adequate sight lines. The site lines can be improved by
r
e
g
r
a
d
i
n
g
t
h
e
knob at the west side and moving the berm on the east s
i
d
e
f
u
r
t
h
e
r
s
o
u
t
h
.
A revised grading plan along with sight line computation
s
s
h
o
u
l
d
b
e
s
u
b
-
mitted to the Engineering Department for review and appr
o
v
a
l
,
o
r
t
h
e
l
o
c
a
t
i
o
n
s
h
o
u
l
d
be altered to improve the sight line distances.
Anderson Lakes Parkway from Preserve Blvd. west to 169
i
s
3
4
f
e
e
t
w
i
d
e
.
T
h
e
Parkway from Preserve Blvd. across this site and east t
o
C
o
.
R
d
.
1
8
i
s
o
n
l
y
2
8
-
24 feet wide. Improvements to the parkway adjacent to
t
h
i
s
s
i
t
e
w
i
l
l
b
e
reviewed by the City Engineering Department.
The 125 units can be expected to add about 800 addition
a
l
d
a
i
l
y
t
r
i
p
s
on
Anderson Lakes Parkway.
SIDrWALKS
From the existing pedestrian underpass, the plan depict
s
a
1
2
'
w
i
d
e
p
a
t
h
w
a
y
which passes between the 2 ponds then goes east to conn
e
c
t
t
o
t
h
e
P
r
e
s
e
r
v
e
Neighborhood site.
Another pathway encircles the buildings providing pede
s
t
r
i
a
n
c
i
r
c
u
l
a
t
i
o
n
t
o
Neill Lake, the totlot area, etc., and also functio
n
s
a
s
a
n
e
m
e
r
g
e
n
c
y
vehicle access lane around the building.
2 22-9
Staff Report-Preserve Condominiums page 4
ENVIRONMENTAL ASSESSMENT WORKSHEET
The 125 condo project conforms to the approved Preserve EAW.
CASH PARK FEE
Projects within The Preserve are exempt from the cash park fee because of
previous land dedication in lieu of cash.
A totlot is shown in between the 2 buildings by the landscaped court.
The Apartment site is approximately 1,000 feet from the Preserve Recreational
Center uses of tennis, clubhouse, swimMing, etc.
SHORELAND MANAGEMENT ORDINANCE
This site is not immediately adjacent to Neill Lake which is classified
as Recreational Development Waters . The open space lot, located between
the site and the lake is 100-150 feet wide as it passes by this site.
The building is setback 300+feet from the lake high water mark.
Considering that the density was previously approved, and the site is not
an 'adjacent lot, the development is a permitted use.
RECOMMENDATIONS
The Planning Staff would recommend approval of the platting and rezoning
contingent upon the following:
1. A detailed landscaping plan must be submitted for review and approval
prior to issuance of a building permit.
2. Revised grading plan depicting: alternate entry drive location, re-
duction of cuts into western knoll by the western building, improvement
of sight lines,and pond grades and volume computations, should be submitted
to the staff prior to Council's public hearing.
3. Utility and grading plans be subject to Watershed District's review and
approval.
4. All lighting be no higher than 20 feet and be equipped with cut off
luminars.
5. Proponent should meet with the City Engineer regarding improvements which
may be necessary to Anderson Lakes Parkway.
6. Proponent should contact City and Watershed District 24 hours prior to
grading.
JJ:ss
22&0
. , ; - 1 ; ; • t • • tf ; ; • I 1
• .••••• ; • '!
's •
4.. •
s\:.\ II rri.•
i• • . ,
.24 k.,:b‘ •,* , .
)1 \t . n 1, •
- \.2k. '‘ Li /"•.• 4 • • •
'), .\ • - •/-; s,',z
• i /- ,
'' --„ 1, ..."./.g.:.', —•••,•-•\-.• * -. ' :...77 —_—_::•..•••••••••:-,......
_ _..... .4 -....,•/1.,,,,,,...Lzy_j....>„.4>. • , -. •, ",..
I •••'•"1. ` .•
.":7 .>,,...\ Fri ,. ....y ...s. \ \ \ \ n
1 v - ...'•-• ' \‘ '1 I \ \j-
-
, : ,.,/---..., 1 .‘\•,:\S'ills. .' •‘,..' ' '.:•::-.."'"f . _ '. ._ _ "...I I ' ?; 41 l '‘._ .. n.-n ., .... ,
(
i I \ '. -"•/-1-N- : s.` -.‘'../.C . -'*-1'..
'4"
. ..._ ' .!'''''''' • ... •••••'•,•;1'1.-
, • I
• •
••..% =1' . '
• ; •
- -
1 ..„.
211 i .4:
i I • '
..,7 I / it'''•-,
, •'4. ;, , /
1 .7 .1 r" ' —...•
ill .1...‘r -, n,,, ...., Ii .'. .
•-.:4";:;;;•' ',.
' '•, — ' — '•• .._ ( li ,...4....--\• ..
• . . FIGURE 1 - • ••••• • . : •• --; •I• .:i
• . 2_2.1 ' -`... • i 1+
1978 Anderson Lakes Apartment Project '1 ` !
• / , ;)
PRESERVE
CENTER
DUPLEXES
•WINDSLOPE APARTMENTS
INnn re,..e 4.400.+9,6*
".->-- .ANDEEISON L'..VES PA.1110.WAT---------.
-
• :::-;;;,...i,itz:::_
...n771-1":41...: . .., • .------.., i. .,
_•;;16
, ...":n .* ilit - ••••=1,;t1.--i--20...,-:,,..r-Z77.7"-_-;:-.:::\
9
rlf 11111 (.' ..• • '....)7=',-----,N*47-.....,f.-•
'-fl 71j ith , ,/ 4 ,,, / i' , . — -.( • ' -- s .' ouri,o'r
-....... / i l
ii /4./.1i •r/i.,/ 7-r°,77-4, i Pir /1.
•/,..4 - , '
/.,?/ //ir,- / I II
Po Pi
I 1 1 1, n -Too
0-1„ ,' J/ '1 ,i . '- .-1
I 1/ /I // 1 I-I-A • (
, I) 1 \-1
,
.s....
;,//,'///1. t "'...-, •..„,•\..... ..
(
fi
i
/;)". ix. r7,777,711:71;. i I rr7-1-i,-.71., .:) ,
6-3)1-ka \
.•..„ • . • .
S.
IN: r .'4...i.Ni. \ ', )....;•'IN - „p•,,•4?...,,,,.,', ,„, .....„:„. ,L.---i • -
....._ . . .......... , ,.....
. •,,„\j ,( .
i \ . ..•. .., ..., \ ----.
i ,x, • . • .....,:.:
...... n\s'st Building .N.,, \ \.\
-4
,.," --c-z.1.,...:.;::::........--E7 ,:s.st '.1...!,i,),,d,....i ....sng:.-„,. ---.. ... \ '..n •
-•,:47,:4r. \ N.—
,. t.....4;.,......_\ .:., ,..,,,--, --.. 70:::-4::&:::::'n
• 11/4;) \ ..),..,, .„...,..:. ....,:z.....\,..,, ..s..:
\ . t-f...-N,
n ••n -
.,. N . . 1 . 'N , s„ ,. \ \ \ s s, \ \
O.'. \ \\ \
\\ \ \
l, - - \\
\\ \
1 1 \
I 1-
_____,_....)
1 1
/
I .
1 MIRF 1.
Honeywell
August 20, 1981
Eden Prairie Planning Commission
Eden Prairie City Hall
8950 Eden Prairie Road
Eden Prairie, MN 55344
RE: Rezoning Request
Prairie Lakes Corporation
Lot 2, Block 1 and outlot A. Preserve Center
Dear Commissioners:
As a four-year resident of Eden Prairie, at the Preserve, I appeal to
you to stop the continuing erosion of the original concept of the
Preserve, of the amenities and life quality which we were promised at
the purchase, and of the natural beauty of the Preserve area.
The residents of the Preserve actively fought the present
construction of Preserve condominiums due to their mass, the number
of people that would be added to the Preserve, the additional
pressure on existing amenities, and the additional traffic burden.
Part of the final compromise was a reduction in the number of
condominiums that would be built. However, just short months later,
here we go again, and the request is for a parcel that makes even
less sense for high density multiple residential use.
The particular parcel is one of the most picturesque in the
Preserve. Most of the public views of Niel Lake have been shut off
from Preserve residents because of other construction disasters, and
the Preserve Center and the subject lots are the remaining "quiet and
beauty" areas available to all residents. To pave this area with 124
living units, and add the environmental pressure of that many
families adjacent to the ecology of Neil Lake would be a terrible
shame.
The quality of life in the Preserve, that originally held so much
promise for the area, is rapidly being detroyed by the greed of the
developers and the ready accession by the Planning Commission to
these requests. I hope you'll represent the pride in the Preserve
that the long-term residents have (had?) and reject this most
inappropriate use of our land.
Cordially,
1 .
. j
Douglas A. McLeod
10830 Forestview Circle
Eden Prairie, MN 55344
DAM: lot
HONEYAELL INC , HONEYWELL PLAZA, MINNEAPOLIS, MINNESOTA SL408, TELEPHONE 6 1 2/N70.5200
2_233
PRAIRI
By ilVvel./C1-aP"
Williftm G. Bale,'President
/70 223 (4
Ca
MEMORANDUM
TO: Eden Prairie Planning Commission
Prairie Lakes Corporation
Applicant and Developer
Gentlemen:
With your other submission requirements, this is the written supportive
material in connection with request for replatting and site plan approval and
rezoning for a 124 unit two phase condominium project to be built along the edge
of Neill Lake at the Preserve in Eden Prairie, Minnesota.
The del,eloper, Prairie Lakes Corporation, intends to build and sell 124
condominium units of a type similar in design and price range to those preently
being built along Anderson Lakes Parkway opposite the amenity package at The
Preserve. In this case, the project will be a two phase development consisting
of two buildings, each substantially identical to the other in terms of mix of
units, price of units and orientation towards Neill Lake. The intention is that
the northerly most building would be built first and the southerly building
would be built second. The condominiums will be financed either through mort-
gages which qualify for FNMA or FHLMC purchase or by FHA approved mortgages.
The price range will range between approximately $50,000 for one bedroom units
to approximately $75,000 for the large three bedroom units which will be at the
ends of the buildings and have the closest proximity to Neill Lake.
The building will contain the City code requirements of storage lockers
(Le for each unit) and there will be sufficient underground heated parking so
that there will be at least one underground heated parking stall for each condo-
minium apartment unit.
Presently, the site is open and has trees along the north side. The
intention is to preserve substantially all of the trees. The further intention
is to complete the pedestrian pathway system that comes underneath Anderson
Lakes Parkway and have it built and extended to the south edge of the property
running it parallel along Anderson Lakes Parkway.
The site is presently open and is a site which will qualify for submission
under the Preserve Condominium Documents so that owners may enjoy The Preserve
amenity package. Additionally, the site is under the PUD and accordingly our
understanding is that zoning is presently governed by the PUD outstanding at The
Preserve and the open or rural zoning assigned to it by the City of Eden Prairie.
The architect involved will by Douglas A. Moe, Architect, 16884 Yale Street,
Elk River, Minnesota 55330, Phone 441-5469, who has been the architect who
designed Neill Lake Apartments and the condominium project presently being built
by Prairie Lakes Corporation along Anderson Lakes Parkway. The contractor will
be Franklin Construction Company, 7401 Metro Boulevard, Edina, Minnesota 55435,
Phone: 831-6523.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-201
RESOLUTION APPROVING THE PRELIMINARY FLAT
OF PRESERVE CONDOMINIUMS
BE IT RESOLVED by the Eden Prairie City Council as follows:
That the preliminary plat of Preserve Condominiums
dated 8/7/81 , a copy of which is on file at the City Hall
and amended as follows:
is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances and amendments thereto and is herein
approved.
ADOPFED by the Eden Prairie City Council on the day of
19 .
Wolfgang H. Penzel, Mayor
John D. Frane, City Clerk
SEAL
22 3S
STAFF REPORT
TO:
FROM:
DATE:
SUBJECT:
APPLICANT:
FEE OWNER:
Planning Commission
Chris Enger, Director of Planning
September 25, 1981
MID-AMERICAN HOMES INC. OFFICE
Mid-American Homes Inc.
Cardinal Creek Associates
REQUEST: Rezoning of approximately 2.2 acres of a 5 acre site
from Rural to Office District to allow two office
buildings, totalling 24,000 sq. ft. Preliminary platting
the parcel into two pieces (an outlot and a lot)
BACKGROUND
This proposal was originally proposed as 30,000 sq. ft., but was reduced
and modified in order to be more consistent with the Purgatory Creek
Conservancy Line, the Floodplain Ordinance, and the Shoreland Management
Ordinance.
The Office District is consistent with the Comprehensive Guide Plan for
this area.
The area of impervious surface on the site which is within 300 feet of
the creek (shoreland) is roughly 20% of the shoreland area. The Shoreland
Management Ordinance allows up to 30%. The impervious surface on the entire
site is '60,000 sq. ft., or 28% of the entire 4.84 acre site.
The Floodplain line runs between the 832 and 830 contours. There is no
construction or fill proposed within the Floodplain.
Landscaping, as outlined in the Planting Plan will be required to soften
the edge of the parking lot as it relates to the Creek Valley. Plant
material has been picked that is indigenous to the Creek Valley. A
median strip has been added in the center of the parking area to provide
additional opportunity for buffering. The entire parking lot and the
buildings have been lowered in order to more correctly match the grade of
the hill on the north side of the parking. Arrangements must be made with
the property owner immediately to the west to work cooperatively with the
grading in order for this concept to work.
ACCESS
TFEEi- to the project will be from the west via a private easement and
from the south (TH 5) via a right-in only.
22L1
Planning Commission Minutes
approved
September 14, 1981
MEMBERS ABSENT: Hallett
C. MID-AMERICAN HOMES, INC. OFFICE, by Mid-American Homes, Inc.
Request to combine 2 properties and rezone the 4.9 acres from
Rural to Office for construction of office uses. Located north
of TH 5 and west of Purgatory Creek. A continued public hearing.
The Planner reviewed the revisions made, and stated that there are more revisions
to be made.
Bearman asked if the proponent will be ready for the next meeting. The Planner
replied yes.
Torjesen asked why the proponent was not present. The Planner replied that he •
felt it was unnecessary and stated that a tentative date for this proposal to go
before the City Council is set for October 6, 1981.
Marhula pointed out that there are contours missing on the revised plan, and that
the floodplain line is also different.
MOTION
Gartner moved to continue Mid-American Homes, Inc. Office to September 28, 1981.
Sutliff seconded, motion carried 6-0.
Planning Commission Minutes epC41;4 S , 1981
MEMBERS ABSENT: Bearman & Gartner
A. MID-AMERICAN HOMES INC. OFFICE, by Mid-American Homes Inc.
Request to preliminary plat and rezone the 4.9 acres from
Rural to Office for construction of office uses. Located
north of TH 5 and west of Purgatory Creek. A continued
public hearing.
The Planner bri6fly reviewed the plans and reviewed the staff report dated 9/25/81
and stated Mr. John Kosmos of K.K. Design and Mr. Greg Gustafson representing the
proponent were present.
Marhula asked if the road which will be through Edenvale is private. The Planner
replied it is a private road easement for gaining access.
Torjesen asked where legal access is located. The Planner replied on TH 5 but
stated it will be a right-in only.
Kosmos asked if 114 of the staff report recommendations can be changed to read
visible equipment. The Planner stated that Ordinance #135 requires all mechanical
equipment to be screened.
Retterath asked if any residents had any questions and/or comments. None were
raised.
22.34
Planning Commission Minutes
Unapproved
September 28, 1981
MOTION 1
Torjesen moved to close the public hearing on Mid-American Homes. Hallett
seconded, motion carried 4-0-1. Sutliff abstained because he did not arrive in
time for full review of the project.
MOTION 2
Torjesen moved to recommend to the City Council approval of the rezoning of
approximately 2.2 acres shown as Lot 1, Block 1 on the preliminary plat frdm
Rural to Office as'per the plan dated 9/25/81 and the staff report of 9/25/81.
Marhula seconded. .
DISCUSSION
Retterath asked that #4 of the staff report be revised as follows: All mechanical
equipment and parking shall be screened or not visible. Torjesen and Marhula agreed.
Motion carried 4-0-1. Sutliff abstained.
MOTION 3
C .
Torjesen moved to recommend to the City Council approval of the preliminary plat
dated 9/25/81 as per the 9/25/81 staff report with the same addition as in motion
2. Marhula seconded, motion carried 4-0-1. Sutliff abstained.
Retterath had to leave because of other committments and turned the chair over to
Torjesen.
223/
Minutes-Parks, Recreation & (Unapproved
Natural Resources Commission September 21, 1981
MEMBERS ABSENT: Britenstein
o. Preserve Condominiums
Mr. Bill Bale was present to request PUD Development Plan Rezo
n
i
n
g
from Rural to R-M 2.5 and preliminary plat approval. The site
is located on the South side of Anderson Lakes Parkway and west
of Preserve Center.
NOTION: Jessen moved to recommend this item should move on witho
u
t
recommendation from this Commission. Friederichs seconded the
motion and it carried unanimously.
237
2230
MEMORMAnN
TO:
FROM:
DATE:
SUBJECT:
PROJECT:
Parks, Recreation and Natural Resources Commission
Bob Lambert, Director of Community Services
October 1, 1981
Eevelopmcnt Proposal Check List
Mid-American Homes, Inc. Office •
PROPONENT: Mid- Ameacan Home_s_atc,
ituzucsr:Rezonin9..f_UV/Dc.,._?,LaiLe5 of a
5 acre site form R to Office District__c_
preliminary p o the parce inTer7 pieces.
LOCAlION:
PACEC ,1OUND: See Planning .Staff Rerort ET:ted:
PARE AND RECEE .4110N pLANN1NE CONCE.RNS
I. Type of dem el opment :_off
2. Number of units in residential development :._. N/A
3. Number of acres in the project : 5
c• c .
4. Special recreation space r...quirements: none
S. Adjacent to any existing or proposed parks :no _
a. Affect on the park: N/A
6. Need for a mini part: no
7. Cash park fee or land dedication?... Cash Park
a. If Cash park fee dedication, acount based on existing 0:',iiI1311CC sot total: $3,080
b. If park land dedication, the number of acres to be dedicated is
c. Existing or pending assessments or taxes on proposed park property to
t
a
l
and sill be paid prior to dedication.
8. Adjacent to existing or proposed trails syace corridor proposed along the creek for
possible future trail.
. a. Type of trails _pedestrian
b. Coast met i On min:riai agl ime
c. Width 6' of trail
d. Party respentible for cons' net ion .City
e. Lando.nt rrhip of IA al I Jot:st ion: (1IcJicMod,
NEEOttaCE rristnArio+: cio.tiEss
1. nite "J”r°1 nities of the site? . The ri;:jor nat ural ..teallities..of. this
site is furgatory Crcek and its fl, 11;i:1-c ciii be no filling within ;he
flit p1:111). The lAiSting t Ji.cs in Ole .,rm.a of ic lte -win 00 •rci.:uved --:is
7. !h.,* the 1 CC tic b:3i b.e.Jec,ted. • _
ic cost Lai i Lrad :1:g on occurs along the
-north (.0,ge'n i1' the Taii.lr.g lot wh.'re A AC1 t.Zlyii' of fill -will be required.
3. Significant vegetation on the site inCludes: There are some mature evergreens and some
deciduous trees located in the southwest area of the site where the buildings_will
be located.
4. The site grading plan indicates preservation of: floodplain.
S. Adjacent to public waters: Purgatory Creek
a. Affect on waters:Additional impervious surface will increase the rate and the
amount of runoff into Purgatory Creek.
WU:Y.:CC CHECK
1. Major Center Area Study : N/A
2. Neighborhood Facilities Study: N/A
3. Purgatory Creek Study . This project is consistent with the Purgatory Creek Study.,
.
4. !Moreland P.anagilient Ordinance.11tis project meets the Shoreland Nanagement Ordinance.
S. flondplain CUZinance This project conforms to the floodplain ordinance.
:
6. Cuide F n _jlt3S project is Consistent with the Comprehensive Guide Plan for this
area.
7. Other:
nrcollEvnitoovs
3. Adjacent neighholhood type, and any neighborhood opinion voiced in favor or opposed to the project:
2. Pl o wing Cuaission Recolendation: On September 28, 1981, the Planning Commission
movcd_to_recond to_the_City_council_approval of_the_rct.pning as_per the staff
kvport of September 25_,_1981.
3.(7,,,milY Scuvirr,sl,ff staff_reconnne .nds_approval
as per the Septtnber 25 3981 PlanninkStaff P!.Ipprt. However, the Community
Services staff w_91t1d recorrtnd_that the scenic easement agreement contain language
tbat_would al .low_the pos,cib1e future _develeTment .of the .pcdostrian_trail within
the st.inic ea ,(,,ent.
22.0
Staff Report-Mid-American Homes Inc. Office
Page 2
RECOMMENDATIONS
The Staff would recommend approval of the rezoning and platting request
subject to the following:
1. The cash park fee would be applicable to this project.
2. Rezoning to Office of Lot 1, Block I only.
3. A scenic easement in favor of the City to perpetually preserve Outlot
A is required.
4. All mechanical equipment shall be screened.
5. Additional screening of the parking from TH 5 in the southeast corner
of the project may be required.
6. Access to TH 5 shall be limited to a right-in only.
7. An erosion and sedimentation control plan must be reviewed and approved
•by the Riley-Purgatory Creek Watershed District.
8. Elevations of the parking lot area ,shall •not be raised.
9. Grades in the west end of the parking lot must be reduced 'under 8%.
CE:ss
.22112-
a2u3
MEMORANDUM
TO: •
FROM:
DATE:
SUBJECT:
PRCUECT:
Parks, Recreation and Natural Resources Commission
Bob lambert, Director of Community Services
September 18, 1981
Development Proposal Check List
. Preserve Condominiums 3 & 4
N„
PROPONENT: Prairie Lakes Corporation
REQUEST: PhD Development Plan Rezoning from Rural to R-M 2.5 and preliminary plat
LOCATION: South of Anderson Lakes Parkway and west of Preserve Center
BACKGROUND: See Planning Staff Repot-1 Dated:
'PARK AND RECREATION PLANNING CONCERNS •
1. Type of development: Multi-family residential
2. Number of units in residential development: 124 units
3. Number of acres in the project: 8.1 acres
4. Special recreation space requirements: None
S. Adjacent to any existing or proposed parks: Adjacent to the Preserve Homeowners Association
Rec-ea
UPerItcninark:
6. Need for a mini park: No
7. Cash park fee or land dedication? NIA
a. If Cash park fee dedication, amount based on existing orditiance will total:
In. If park land dedication, the number of acres to be dedicated is
c. Existing or pending assessments or taxes on proposed park property total
and will be paid prior to dedication.
8.
Adjacent to existing or nt Proposed trail connection from Anderson Lakes
onoscd trails:
Parkway to the trallS adjacent -tu-Hcrill—tate.
a. Type of trails BicyrlegedeStrain
In. Construction Material Asphalt
c. Width of trail
6 feet'
d. Party responsible for construction Developer
e. Landownership of trail location:(dedicated, purchased. ROW) Homeowner Association
NAllMAL RESOURCE PRESERVATION CONCERNS
I. Site grading plan considers natural amenities of the site? No real natural amenities on this
site. Previous use was a horse pasture.
2. Most significant grading on the site:MOSt sionificant grading occurs in the hill where
the two buildings pads will be located.
S. Significant vegetation on the site includ'eS
:
N/A
4. The site grading plan indicates preservation
o
f
:
S. Adjacent to public waters:
a. Affect on 'waters:
REFERENCE ClIECK
1. Major Center Arcs Study:
residential.
Major Center Area Study depicts this area as med
i
u
m
d
e
n
s
i
t
y
.2. Neighborhood Facilities Study: This development will be served by both the
P
r
e
s
e
r
v
e
Park and Lake Eden Park, as well as the Preserv
e
H
o
m
e
o
w
n
e
r
s
A
s
s
o
c
i
a
t
i
o
n
f
a
c
i
l
i
t
i
e
s
.
S. Purgatory Creek Study: '
N/A
4. Shorcland Management Ordinance: See Pliminn Staff Report
S. Floodplain Ordinance :
-N/A
6..Coide plan: The Guide Plan illustrates this site as medium density reside
n
t
i
a
l
within an existing PUD.
7. Other :
RECO n 71ENOATIONS
1. Adjacent neighborhood type, and any neighborhoo
d
o
p
i
n
i
o
n
v
o
i
c
e
d
i
n
f
a
v
o
r
o
r
o
p
p
o
s
e
d
t
o
t
h
e
p
r
o
j
e
c
t
:
2. Flaming Commission Recommendation: The Planning Commission recommended approv
a
l
. of the
rezoniag_and the—Prelimirlarv plat as per the
P
l
a
n
n
i
n
g
S
t
a
f
f
R
e
p
o
r
t
d
a
t
e
d
8/11181.
S. Community Services Staff Recommendations: Community Services Staff recommends approval
as per the Planning Staff Report of August 13,
1
9
8
1
.
zzLit4
ONESOT,
16 Minnesota
Department of Transportation
,t District 5
2055 No. Lilac Drive
Golden Valley, Minnesota 55422
September 15, 1981
Mr. Chris Enger
Director of Planning
City of Eden Prairie
Eden Prairie City Hall
895G Eden Prairie Road
Eden Prairie, Minnesota 55344
In Reply Refer To: 315
.S.P. 2701 T.H. 5
Plat review of Mid American Homes located
north of TH 5 and east of Mitchell Road in
part of the NW 1/2 of NW 1/4 of Section 15,
Twp. 116, Range 22, and part of the SW 1/4 of
the SW 1/4, Section 10, Twp. 116, Range 22 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 acceptable for further development with consideration of the following
comments:
- Our District Land Surveyor, Mr. Keith Slater is currently platting the
highway right of way in this area. The surveyor should contact him for
common boundry line information. His telephone number is 545-3761
ext. 199.
- Long range plans for TM 5 are indefinite, therefore, every effort should
be made to preserve the operatingsintegrity of the existing facility.
Congestion and accident potential increases with additional access
points; thus, whenever possible, direct access points should be minimized.
We assume the proposed entrance to TM 5 fits into a overall street and
access plan for this area so as to minimize access dependence on TH 5.
An access permit will be required before any construction on Mn/DCT's
right of way begins.
If you have any questions in regard to these comments, please contact our
District Layout, Research and Development Engineer, Mr. J. S. Katz at 545-3761
ext. 150. Thank you for your cooperation in this matter.
Si/67:ely
11.• bbit (c:11,
District Engineer;,
cc: Charles Weaver, Metropolitan Council
Mike Reiter, Hennepin CoAmi
nalOppornolitY Empkwr
eota* ® 22.q5
(612) 5453761
MICHAEL J. ADAMS
ORSOORY D. GUSTAFSON
MAIM 0. 011NSTAD
JAMES D. ATKINSON III
DANIEL R. TYSON
DAVID 0. rtox.u..o
OARY 0. PIMLSTROM
GUSTAFSON & ADAMS, P. A.
ATTORNEYS AT LAW
SUITE 41*
7400 METRO HOULEVARD
EDINA. MINNESOTA 65435
TELEPHONE OM 21 036-71277
OP COUNSEL.
HARRY OUSTAFSON
CC
August 7, 1981
Mr. Robert Obermeier
Barr Engineering
6800 France Avenue South
Edina, 'Minnesota 55435
RA': Mid-America Homes, Inc.
Dear Bob:
Enclosed please find a copy of all the documents whic
h
w
e
h
a
v
e
s
u
b
-
mitted to date to the City of Edon Prairie relative t
o
t
h
e
p
r
o
p
o
s
e
d
c
o
n
d
o
m
i
n
i
u
m
office project by Mid-America Homes', Inc., the devel
o
p
e
r
.
I
u
n
d
e
r
s
t
a
n
d
T
h
a
t
y
o
u
will—review the enclosed and 'that you have FoWested
a
p
r
o
p
o
s
e
d
s
t
o
r
m
s
e
w
e
r
p
l
a
n
be submitted for your review as soon as possible. By
c
o
p
y
o
f
t
h
i
s
l
e
t
t
e
r
t
o
John Kosmos, the architect for the project, I am ask
i
n
g
J
o
h
n
t
o
c
o
n
t
a
c
t
y
o
u
directly (920-0655) for the purpose of discussing th
e
s
t
o
r
m
s
e
w
e
r
p
l
a
n
w
h
i
c
h
he will then prepare And submit to you for review.
I understand 'Mat you will have this on the agenda fo
r
y
o
u
r
S
e
p
t
e
m
b
e
r
2, 1981, meeting. '
I hope that you will agree that the enclosed proposa
l
c
o
n
s
t
i
t
u
t
e
s
a
very minor impact into the Purgatory flood plain and
i
s
a
v
e
r
y
r
e
a
s
o
n
a
b
l
e
u
s
e
o
f
the subject property, especially when you consider t
h
e
r
e
l
a
t
i
v
e
l
y
s
i
g
n
i
f
i
c
a
n
t
amount of land which is being left untouched. I sho
u
l
d
p
o
i
n
t
o
u
t
t
o
y
o
u
t
h
a
t
the proposed buildings are to be constructed from s
t
a
n
d
a
r
d
s
i
z
e
m
o
d
u
l
e
s
.
T
h
e
amount of square footage proposed Is the smallest p
r
o
j
e
c
t
w
h
i
c
h
r
e
t
a
i
n
s
e
c
o
n
o
m
-
nic viability for the site. The parking stalls show
n
a
r
e
t
h
e
m
i
n
i
m
u
m
n
u
m
b
e
r
required by the City Building Code. Maximum efforts
w
e
r
e
t
a
k
e
n
t
o
m
i
n
i
m
i
z
e
t
h
e
Impact on the flood plain. An effort was made to bala
n
c
e
t
h
e
m
o
d
e
s
t
e
n
c
r
o
a
c
h
-
ments into the flood plain against offsetting areas
w
h
i
c
h
w
e
r
e
o
u
t
s
i
d
e
t
h
e
f
l
o
o
d
plain but which are being left open.
Best personal regards,
OUSTAF1ON 8. ADAMS, P.A.
Gregory C. ,Cpstafson
GDG/maj •
Enclosures
Mr. Robert Obermeier
August 7, 1981
Page Two
Accordingly, I appreciate any efforts on your behalf to facilitate the
reviewal process. Please call me with any questions you might have and I will
be only too happy to respond Immediately. In addition, please feel free to call
• John Kosmos directly t922-3226/.
cc:,øir1s Enger, Eden Prairie City Planner
John Kosmos
Ken.Nordling, President, Mid-America Homes ', Inc.
Glenn Stewart, The-Eberhardt . COMpany
• - .
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-202 .
RESOLUTION APPROVING THE PRELIMINARY PLAT
OF MID-AMERICAN HOMES INC OFFICE
BE IT RESOLVED by the Eden Prairie City Council as follows:
That the preliminary plat of Mid-American Homes Inc. Office
dated
10/1/81 , a copy of which is on file at the City Hall
and amended as follows:
is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances and amendments thereto and is herein
approved.
ADOPTED by the Eden Prairie City Council on the day of
19 .
Wolfgang H. Penzel, Mayor
John D. Franc, City Clerk
SEAL
October 6, 1981
STATE OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
8361
8466
8467
8468
8469
8470
8471
8472
8473
8474
8475
8476
8477
8478
8479
8480
f 1
8q82
8483
8484
8485
8486
8487
8488
8489
8490
8491
8492
. 8493
8494
8495
8496
8497
8498
8499
8500
8501
8502
8503
8504
505
)6
(07
8508
8509
8510
8511
VOID OUT CHECK
MINNESOTA UC FUND
BLUE CROSS AND BLUE SHIELD
GRUP HEALTH PLAN
HMO SERVICES
HMO SERVICES
PHYSICIANS HEALTH PLAN
WESTERN LIFE INSURANCE
TWIN CITY WINE CO.
MINNESOTA DISTILLERS, INC.
ED. PHILLIPS & SONS CO.
JOHNSON BROTHERS WHOLESALE
OLD PEORIA COMPANY, INC.
GRIGGS, COOPER & CO., INC.
THE LIQUOR HOUSE
CAPITOL CITY DISTRIBUTING CO.
DAY DISTRIBUTING CO.
MIDWEST ASPHALT CORPORATION
VOID OUT CHECK
JOHN B. BURY, JR.
JUBILEE BOAT TRIP
QUADNA TWIN CITIES OFFICE
AMERICAN SOCIETY OF LANDSCAPE
LOGIS
RAINBOW MECHANICAL INC.
MINNESOTA ICE ARENA MANAGERS
DONALD & LILYAN J. WINEBERG
COMMISSIONER OF REVENUE
COMMISSIONER OF REVENUE
INSTY- PRINTS
INSTY-PRINTS
JORDAHL CONST. CO .
CLERK OF DISTRICT COURT
PETER MAYOU
JEFF ROY
INTERCONTINENTAL PCKG. CO .
OLD PEORIA COMPANY
MIDWEST WINE CO.
ED. PHILLIPS & SONS CO.
JOHNSON BROTHERS WHOLESALE
GRIGGS, COOPER, & CO., INC.
TWIN CITY WINE CO.
CAPITOL CITY DISTRIBUTING
FEDERAL RESERVE BANK
COMMISSIONER OF REVENUE
CLERK OF DISTRICT COURT
DEPARTMENT OF EMPLOYEE RELATIONS
(98.21"
Payroll
97.11
Insurance
588.65
Insurance
1,156.37
Insurance
1,658.43
Insurance
624.10
Insurance
7,137.44
Insurance
547.85
Wine
726.95
Liquor
3,369.23
Liquor
996.99
Liquor
1,852.50
Liquor
1,425.74
Liquor
3,010.03
Liquor
1,286.34 i
Beer
15.90 i
Beer 2,646.05
Easement-Industrial Drive Improvements 7,365.75
Easement-Industrial Drive Improvements 426.25
Expenses-Senior Citizen Center 79.50
Expenses-Senior Citizens 200.00
Fee-Community Services 110.00
Registration fee-Assessing Dept. 40.00
Service-Eden Prairie Community Center 18,630.09
Conference-Community Center Administration 50.00
Land-Mitchell Road 1,000.09
August Sales tax 6,078.19
Fuel tax 54.00
Printing-Senior Citizens Center 90.21
Printing-Senior Citizens Center 20.90
Service-Eden Prairie Park Shelter 3,960.00
Blossom condemnation 5,400.00
Expenses-Forestry Dept. 40.00
Expenses-Forestry Dept. 45.00
Wine 1,221.5
Wine 1,663.61
Wine 1,506.26
Liquor 1,510.6
Liquor 405.4.1
Liquor 3,396.4
Wine 1,206.61
Wine 172,40
Payroll 17,750.91
Payroll 6,060.0(
Sutton condemnation 3,900.0i
Payroll 17,603.16
22 (41
Page two
October 6, 1981
8512
8513
8514
8515
8516
8517
8518
8519
8520
8521
8522
8523
8524
8525
8526
8527
8528
8529
8530
8531
8532
8533
8;34
, ;5
8536
8537
8538
8539
8540
8541
8542
8543
8544
8545
8546
8547
8548
8549
8550
8551
8552
8553
8554
8555
fc56
‘,057
8558
8559
8560
8561
AETNA LIFE INSURANCE & ANNUITY
GREAT WEST ASSURANCE CO.
MINNESOTA STATE RETIREMENT
UNITED WAY OF MINNEAPOLIS
SUBURBAN NATIONAL BANK
PERA
WAYNE CHAPMAN
QUADNA MOUNTAIN RESORT
AMOCO OIL COMPANY
DIVISION OF MOTOR VEHICLE
ED. PHILLIPS & SONS CO.
GRIGGS, COOPER & CO., INC.
JOHNSON BROTHERS WHOLESALE
TWIN CITY WINE CO.
OLD PEORIA COMPANY, INC.
MIDWEST WINE CO.
INTERCONTINENTAL PACKAGING CO.
PAUSTIS & SONS
NRPA ADVANCE REGISTRATION
NRPA ADVANCE REGISTRATION
INSTY-PRINTS
MENARDS
PETTY CASH
UNIVERSITY OF MINNESOTA
ACRO-MINNESOTA, INC
NIB MASOOD ALI
AMERICAN NAT'L BANK & TRUST
EARL F. ANDERSEN & ASSOCIATES
AQUA ENGINEERING
ARMOR SECURITY INC.
ASSOCIATED ASPHALT, INC.
DON ATKINS
B.I.C. PRODUCTS
BRW
BLACK & VEATCH
DOC BLANCHARD ENTERPRISES
CITY OF BLOOMINGTON
BLOOMINGTON LOCKSMITH COMPANY
ROBERT BOBLETT ASSOCIATES, INC.
BRAUN ENGINEERING TESTING, INC.
LES BRIDGER
BROWN PHOTO
BUSINESS FURNITURE, INC.
BUTCH'S BAR SUPPLY
CHAPIN PUBLISHING COMPANY
CHEMLAWN
CITY HALL DIGEST
CLUTCH & U-JOINT
COMMISSIONER OF TRANSPORTATION
LANCE COPPIN
Payroll 90.00 ‘
Payroll 625.00
Payroll 40.00
Payroll 46.96
Payroll 100.00
Payroll 11,427.74
Easement-168th Ave. West 300.00
Expenses-Senior Citizens 1,121.00
Fuel 9,791.60
Motor vehicle registration-Police Dept. 2.50
Liquor 2,935.59
Liquor 3,854.95
Liquor 1,228.4o
Wine 944.72 ,
Liquor 1,555.02
Wine 706.58
Wine 623.25
Wine 164.27
Conference-Community Services 145.00
Conference-Community Services 125.00
Printing-Police Dept. 66.40 i
Lumber-Senior Citizens Center 96.88 1
Expenses 61.89 I.
Conference-Engineering Dept. 17.00
Office supplies 176.10
Expenses-Engineering Dept. 35.00
Service 25.00
Bleachers-Round Lake & Flying Cloud Field 4,447.01
Equipment repair & parts 66.6:',
Service 82.50
Blacktop 7,649.61
Hay-Round Lake Park 125.0C
Bulbs-Water Dept. 413.0:! 1
Service-Eden Road, Schooner Blvd-W 78th 3,967.1 .
Street, Dell Road, TH #5 & West 78th St.
& Mitchell Road, Anderson Lakes Parkway
at TH 169 signals, Lake Eden Park
Service-Water Treatment Plant 5,215.81
Sod-Sunny Brook Road 610.50
Service 350.0(
Repair back door lock-City Hall 226.71
Services 562.5(
Service-Valley View Road & Schooner Blvd. 8,801.5'
Expenses 14.6(
I.D. photo's film 86.4 ,
Equipment repair 36.0-
Supplies-Liquor Stores 383.9:
Legal ads , 141.01
Service 164.0c.
Subscription 36.0k
Equipment repair & parts 4.64
Service-Engineering Dept. 156.01
Service-Kurtz Lane 300.15,
2 2S0
Page three
1 3ber 6, 1981
8562 COPY EQUIPMENT INC.
8563
CROWN RUBBER STAMP CO.
8564
CUTLER-MAGNER COMPANY
8565
WARD F. DAHLBERG
8566
DALCO
8567
DON'S SOD SERVICE
8568
DORHOLT PRINTING'
8569
DORSEY, WINDHORST, HANNAFOriD
8570
DUSTCOATING, INC.
8571
EDEN PRAIRIE NEWS
8572
ELECTRIC SERVICE CO.
8573
JUDY ELLINGSON
8574
EMPIRE-CROWN/AUTO, INC.
8575
EVERS HEILIG, INC.
8576
F.Y.S. FRAMING
8577
FARMERS STEEL CO.
8578
FEED-RITE CONTROLS INC.
8579
C. O. FIELD COMPANY
8580
FIRE SAFETY & COMMUNICATIONS
8581
MAIA FJILLAND
fr,82
FLAHERTY EQUIPMENT CORPORATION
FLOYD SECURITY
8584
JAN FLYNN
8585
KERRY FRAGODT
8586
JOHN FRANE
8587
G.L. CONTRACTING, INC.
8588
GENERAL COMMUNICATIONS, INC.
8589
DANA GIBBS
8590
GRAHAM PAPER
8591
JACK HACKING
8592
HENNEPIN COUNTY CHIEFS OF POLICE
8593
HENNEPIN .COUNTY TREASURER
. 8594
SHERIFF'S DEPARTMENT-HENN. CTY
8595
HENNEPIN COUNTY DIRECTOR
8596
HENNEPIN TECHNICAL CENTERS
8597
HI-11 SOUND ELECTRONICS
8598
HOIGAARD'S
8599
HONEYWELL INC.
8600
W. K. HORNIG
8601
JOHN C. HUSMOE
8602
IB M
8603
INTERDESIGN INC.
8604
CHRIS JESSEN
8605
ROSEMARY JOHNSON
8606
JUDSON FAMILY CENTER, INC.
CARL JULLIE
JUSTUS LUMBER COMPANY
8609
KEVIN M. KOHLS
8610
KOKESH ATHLETIC & GOLF SUPPLY
8611
J. KRIS KRYSTOFIAK
8612
BOB LAMBERT
Paint, tape, office supplies-Community
Services
Stamp-Finance Dept.
Quicklime-Water Dept.
Mileage
Towels-Water Dept., Supplies-Fire Dept.
Sod-Park Dept.
Office supplies
Legal Service
Oil roads-Sunnybrook Road
Subscription
Service
Supplies-Sun Bonnet Days
Equipment repair & parts
Supplies-Liquor Stores
Supplies-Canine Unit
Equipment parts-Park Dept.
Sulfate-Water Dept.
Service-Eden Prairie Fire Station
Equipment parts
Refund-Rec Dept.
Equipment parts-Street Dept.
Service-Liquor Store/Prairie Village Mall
Mileage
Refund-Rec Dept.
Expenses
Service-Westwind Drive & Westwind Circle
Equipment repair and parts
Packet delivery
Paper-City Hall
Expenses
School-Fire Dept.
Board of prisoners
Radio Equipment
Service-tree removal debris
School-Fire Dept.
Tapes-Manager & Planning Dept.
Supplies-Fire Dept.
Service-Water Dept.
Mileage
Expenses
Service
Service-Eden Prairie Community Center
Football official
Expenses
Service
Expenses
Lumber
Softball official
Supplies-Roe Dept.
Mileage
Expenses
7.2'31
302.74
3,076.21
50.00
247.14
8,840.50
237.11
18,965.70
570.00
9.50
594.00
243.17
44.39
269.29
48.86
19.57
2,868.00
5,000.00
77.11
12.00
85.00
200.75
47.50
57.00
164.75
172.4:
396.4c
117.00
780.76
15.00
40.00
1,885.00
1,742.02
50.0(
200.0r,
39.82
4.50
1,570.50
34.02
5.00
7,700.0(
64.0
65.02
149.6Y
22.0c
50.9'
5.00
154.Th
Page four
C 'ober 6, 1981
n••n
8613 M. E. LANE, INC.
8614 ALLEN LARSON
8615 LOGIS
8616 MARK E. LYMAN
8617 MAGNEY CONSTRUCTION
8618 ROBERT N. MARTZ
8619 MEDICAL OXYGEN & EQUIPMENT CO.
8620 MERIT PRINTING
8621 METRO FUME COMMUNICATIONS, .INC.
8622 METRO PRINTING INC.
8623 METROPOLITAN FIRE EQUIPMENT CO.
8624 METROPOLITAN WASTE CONTROL
8625 MID-CENTRAL FIRE INC.
8626 MIDWEST ASPHALT CORPORATION
8627 MINNESOTA CASH REGISTER CO.
8628 MINNESOTA GAS COMPANY
8629 MINNESOTA RECREATION & PARK
8630 MINNEAPOLIS STAR & TRIBUNE
8631 MINNESOTA VALLEY ELECTRIC '
8632 MS. PRINT, INC.
8633 CARA NEWMAN
8634 NOREN PRODUCTS, INC.
( 35 NORTHERN STATES POWER CO.
b036 NORTHERN STATES POWER CO.
8637 NORTHRUP KING CO. .
8638 NORTHWESTERN BELL TELEPHONE
8639 JULIE NYE
8640 O'CONNOR & HANNAN
8641 CHRIS PALM
8642 CHARLES J. PAPPAS
8643 PERMALUX LIGHTING PRODUCTS
8644 PHOTO MILL #3
8645 PINK SUPPLY CORPORATION
8646 PITNEY BOWES
8647 PRAIRIE ELECTRIC COMPANY, INC.
8648 PRAIRIE OFFSET PRINTING, INC.
8649 PREST COMPANY
8650 PROGRESSIVE CONTRACTORS, INC.
8651 RICK RABENORT
8652 RAPID COPY, INCORPORATED
8653 ANN REAVES
8654 REED'S SALES & SERVICE
8655 RIEKE-CARROLL-MULLER ASSOC.
,R656
NORBERT H. ROGERS
( ;57
ST. PAUL POLICE PISTOL CLUB
8658
ST. REGIS PAPER COMPANY
8659
MIRIAM SAUER
8660
STEPHANIE SCHUFT
8661
KATHY SCHUMACHER
8662
SEARS, ROEBUCK & CO.
Insurance
Mileage
August 81 Service
Refund-Water & Sewer Bill
Service-Eden Prairie Community Center
Expenses
Oxygen-Fire Dept.
Envelopes-City Hall
Service
Forms-Forestry Dept & Police Dept.
Oxygen cylinders
August SAC report
Nozzles-Fire Dept.
Blacktop
Supplies-Liquor Store/Preserve
Service
Fee-Touch Football
Ads-Police Dept & Park Dept.
Service
Business cards-Police Dept.
Refund-Rec Dept.
Equipment repair-Police Dept.
Service
Service
Grass seed-Park Dept.
Service
Refund-Rec Dept.
Legal Service
Instructor-Rec Dept.
Expenses
Equipment repair-Park Dept.
Film-Assessing Dept.
Towels-Street Dept.
Service
Equipment repair-Grill House
Forms-Police Dept.
Supplies-Water Dept.
Service-Valley View Road Phase II
Expenses
I.D. Liquor Cards
Refund-Rec Dept.
Weedeater heads-Park Dept.
Service-168th Ave. Develop., Round Lake
Utilities, Shady Oak Ind. Park, Round
Lake Estates 2nd Add'n, 1980 Westgate
Add'n Improvement
Expenses
Annunition-Pol ice Dept.
Lumber-Chatham Woods
Refund-Rec Dept.
Refund-Rec Dept.
Tests
Equipment repair-Park Dept.
22.132
93.00
14.00
2,947.4
39.14
64,979.00
396.45
28.21
387.29
149.64
258.00
160.20
37,867.5:
307.00
1,143. 80
23.19
214.33 •
130.00
449.74
19.45
131.9:: •
16.9 )
12,043.05
535.17 ;
8.00,
1,387.8Y
1,892.8
31.50 4
50.91
V1 72f
49.5(,
182.0,
54.0(
15,253.,'L
41.C"
28.5
24.0: •
42.1
595.2'
9.0:
80.0:
6,491.,
12.w.
8.0:.
25.DY,
five
October 6, 1981
8663
8664
8665
8666
8667
8668
8669
8670
8671
8672
8673
8674
8675
8676
8677
8678
8679
8680
8681
8682
( 33
ou84
8685
8686
8687
8688
8689
8690
8691
8692
8693
8694
8695
8696
8697
8698
8699
8700
8701
8702
ED SORENSEN
SOUTHWEST PLUMBING & HEATING INC.
DON STREICHER GUNS, INC.
SUBURBAN CHEVROLET CO.
SULLI VANS SERVICES, INC.
TELE-TERMINALS
CARRIE TIETZ
TONS EDGE FORD, INC.
TWIN CITY TESTING
UNIFORMS UNLIMITED
UNIVERSITY OF MINNESOTA
VAUGHN'S
VOHNOUTKA ROOFING & SHEET METAL
JASON VOSU
KEITH WALL
WATER PRODUCTS COMPANY
PAT WIEGLE
RENEE WELCOME
SANDY WERTS
WEST SUBURBAN ELECTRIC
MELANIE WOLF
XEROX CORPORATION
ZECO COMPANY
ZIEGLER INC.
MARY UPTON
STUART ALEXANDER
STEPHEN CALHOON
STEVE OLSTAD
INSTY-PRINTS
CHRIS ENGER
TIM PIERCE ASSOC. INC.
RAPID COPY, INCORPORATED
SMILE? GLOTTER ASSOCIATES
NORTHERN STATES POWER
SOUTHWEST SUBURBAN PUBLISHING
SUPPLEE'S 7 HI ENTERPRISES
HUSTAD DEVELOPMENT
MENARDS
RAINBOW MECHANICAL INC.
WEAVER ELECTRIC CO., INC.
Mileage
Equipment repair-Park Dept.
Supplies-Police Dept.
Equipment repair & parts
Service-Atherton Way, Research Road
Supplies-Finance Dept.
Service-Park & Rec Commission Meetings
Equipment repair & parts
Tests-Water Dept.
Uniforms-Public Safety
Book-Forestry Dept.
Supplies-Historical Society
Repair fire station roof
Refund-Rec Dept.
Fee-Police Dept.
Fire hydrant parts-Water Dept.
Refund-Rec Dept.
Refund-Rec Dept.
Mileage
Service
Refund-Rec Dept.
Service
Equipment rental
Equipment repair & parts
Expenses-Sun Bonnet Days
Mileage
Mileage
Mileage
Printing-Police Dept.
Expenses
Service
I.D Cards
Service-Eden Prairie Community Center
Service
Ads-Liquor Stores
October Rent-Liquor Store/Preserve
Creek Knolls Property
Supplies-Park Dept
Service-Eden Prairie Community Center
Service-Eden Prairie Community Center
81.00
37.20
31.75
7.28
1,580.06
26.29
47.50
105.61
214.00
2,786.75
11.06
21.00
394.00.
15.00
10.00
550.59
11.00
24.00
58.13
47.59
8.00
1,034.36
601.9
67.50
35.56
39.00
28.25
14.53
25.30
165.86
450.00
88.50
3,063.49
311.90
38.29
3,015.21
4,275.00
16.88
56,520.0
8,100.0r i
TOTAL
2253
225q
MEMORANDUM
TO:
Mayor and City Council
FROM: City Manager Carl J. Jullie
RE:
Response to Budget Questions
DATE:
October 2, 1981
The following data and comments are in response to questions raised by the Council
at the hudget review meeting on September 24th:
T.I.F. Funds expended as of 8/30/81 - $301,000
P-11
1980
1982
Gas 2446
3500 (43%)
Power 5340
6600 (24%)
P-12 Aerial Photo options:
Cost of 1" = 800 blueprint = $20
Cost of 1" = 500' photograph: $2,000 - 1979 photo (?)
We hope to have additional information regarding the aerial
photograph by Tuesday evening.
P-14 LOGIS vs. owning a computer: We should provide space for a
"computer room" when considering plans for a new City Hall
or any expansion of our present facility. In the meantime,
recommend that we continue with LOGIS.
P-15 It is understood that at mid-year we will evaluate the need for
an additional police officer or CSO.
P-16 "Fire Chief" should be "Ass't Fire Chief".
P-18 There are no provisions in the park use ordinance relating to
animal droppings. The enforcement cost vs. benefits of such
control probably do not warrant a control program at the present
time.
P-25 Fuel cost in 1980 was $93,693. For 1982 we are estimating $118,400,
which is a 26% increase over the two years.
P-27 Other contractual services include renting a vacuum sweeper to
clean trails, plus equipment for disking and plowing of new parks
prior to seeding.
Also, at mid-year we will evaluate the need for one additional
man for park maintenance.
Mayor and City Council
- 2 - October 2, 1981
P-31 Mr. Lambert has been advised of the "Music Performers Trust Fund"
for special events.
P-32 The "transportation" item is for bus service to special events.
P-33 Mr. Lambert has been advised of our concerns about supervision of
beach attendants at Riley Lake and warming house attendants.
P-34 Instructors are paid hourly or by the class. Other services are paid
on a percentage of fees charged. Please refer to the attached
memo from Sandy Werts dated September 28th listing the Leisure
Skill Development activities.
P-36 The "transportation" item is for bus service to special events.
Also please refer to attached memo dated September 29th from
Sandy Werts regarding mileage item of $175.00.
P-37 Officials - $8000 increase; new leagues and additions to present
leagues. Additional fees are estimated to cover the expense.
P-40 New program development of $1700. This is a request from the Human
& 42 Services Commission to start implementation of the needs assessment.
It should appear on Page 40 not 42. Please refer to the attached
memos from Jan Flynn dated September 23rd and October 1st.
P-45 In Service Training: Assoc. of Metro Municipalities $ 2,200
League of Cities 4,600
Commission Recognition 1,600
8,400
Travel, Schools & Conferences 15,100
$23,500
It will be our policy that department heads may attend national
conferences on an average of once every 2 years. Staff may also
attend appropriate technical seminars with City Manager's approval
and with City paying for registration fees only.
P-46 Reserve: Salary adjustment including additional retirement and work
comp insurance
11% $215,000
12% $235,000
P-48 Please refer to the attached memo of October 2nd from Stuart Fox
regarding various alternatives for reducing costs associated with
the diseased tree program. If the Council desires to make changes
in the program, we are recommending that charges be made for trees
supplied under the reforestation program as described under
alternative 4 of Mr. Fox's memo.
P-52 Equipment Certificates
3/4 T 4 wheel drive is a replacement.
Jeep with plow is an additional vehicle for trail
maintenance and plowing.
Jack Hacking will be available on Tuesday evening to help address
your concerns regarding the ambulance. You will note that we have
requested 1/2 of the total needed for 1982, with the remainder to be
requested in the 1983 budget. The attached sheet describes the
vAl;unAlo I'm this rccuc;t. 6, 11
Mayor and City Council - 3 - October 2, 1981
With respect to dispatching services, Jack recommends that going
with Richfield will provide good service at a reasonable cost.
However, at this time Richfield officials are not ready to give us
a proposal, and therefore we must plan to continue with Hennepin
County for 1982. Also, it will be good planning to switch to
another system in conjunction with implementation of the "911"
emergency number which may be ready in 1983.
CJJ:jp
Attachments
zzs.q8
John Frane, Finance Director
Sandy Werts, Recreation Supefv
September 28, 1981
Leisure Skill Development Programs
MEMORANDUM
TO:
FROM:
DATE
SUBJECT:
Following is a list of programs offered in 1981. The main reason for the
increase in expenditures in this area is to accurately reflect the expenditures
of classes that arc offered on a percentage basis with the instructor. These
are offset by revenue. One such class is Jazzercise which has 200 women
enrolled this fall in three classes. They pay $24 to participate in two classes
a week for six weeks. The instructor receives 80% of the revenue and the City
receives 20%.
Cross County Skiing
Downhill Skiing
Aerobic Dancing
Jazzercise
Country Western Swing
Guitar
Beginning Dog Obedience
Intermediate Dog Obedience
Calligraphy - for children and adults
Macrame
Kids Korner
Puppetry
Firearm Safety
Tap t Ballet
Creative Dance
Babysitting
Elementary Wrestling
Ukranian Easter Eggs
Beginning and Intermediate Baton
Tennis
Golf
Home Lawn and Tree Care
Vegetable Gardening - Beginning and Advanced
Flower Gardening '
Small Fruits and Berries
Healthy Houseplants
Swimming
Skin Care and Makeup for Teenagers
Karate
Snowmobile Safety
MEMORANDUM
TO: Carl Jullie, City Manager
FROM: .Sandy Werts, Recreation S
DATE: September . 29, 1981
SUBJECT: Teen Program Budget
4334 - Use of Personal Auto $17 5
780 - Teen Volunteer $100
781 - Teen Leisure Challenge $75
Often teen leaders run job related errands using their own vehicles to
-pickup tickets for trips, purchase supplies for teen projects and
periodically they use their own vehicles to transport kids when the
rented vehicles breakdown. At 25t a mile, this allows 400 miles.
The leaders for Teen Leisure Challenge may be performing many of the
same errands for this program, which is an outdoor skills and trip
program for which the participants will be paying for food, bus transporta-
tion and major equipment. Although the participants may be bused to their
campsite, a leader may drive a car in order to have an emergency vehicle.
SW : md
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Bob Lambert, Director of Community Services
Jan Flynn, Human Services Coordinator
October 1, 1981
Adaptive Recreation Budget Proposal
The talptive Recreation Program has budgeted for on
e
P
r
o
g
r
a
m
C
o
o
r
d
i
n
a
t
o
r
a
n
d
t
w
o
adaptive recreation programs, 2 family days, and 1
k
i
d
s
f
u
n
/
p
l
a
y
d
a
y
.
T
h
e
o
n
g
o
i
n
g
programs run for 5 or 6 sessions at 2 hours per ses
s
i
o
n
,
w
i
t
h
p
r
o
g
r
a
m
s
b
e
i
n
g
o
f
f
e
r
e
d
in the fall, winter, spring and two programmed in th
e
s
u
m
m
e
r
.
T
h
e
t
w
o
f
a
m
i
l
y
d
a
y
s
are held for 2-3 hours on a Saturday or Sunday aftern
o
o
n
a
n
d
p
r
o
v
i
d
e
a
n
o
u
t
i
n
g
f
o
r
families with children having special needs. The kid
s
f
u
n
/
p
l
a
y
d
a
y
i
s
a
h
a
l
f
o
r
a
full day of activities with stations set up with a dif
f
e
r
e
n
t
a
c
t
i
v
i
t
y
a
t
e
a
c
h
s
t
a
t
i
o
n
.
The participants move from station to station or cho
o
s
e
a
s
e
t
n
u
m
b
e
r
o
f
s
t
a
t
i
o
n
s
to participate in. The activities are normally simil
a
r
t
o
a
c
t
i
v
i
t
i
e
s
o
f
f
e
r
e
d
i
n
Special Olympic competitions. Increases in the budge
t
f
o
r
w
a
g
e
s
-
4
1
3
0
w
e
r
e
d
u
e
to inflation, the addition of the family days and kid
s
f
u
n
/
p
l
a
y
d
a
y
a
n
d
n
o
p
r
o
g
r
a
m
s
were budgeted for the summer of 1980.
Additional funds have been included in other contract
u
a
l
s
e
r
v
i
c
e
s
-
4
4
2
0
t
o
c
o
v
e
r
additional staff for the playday and in case one or
t
w
o
p
r
o
g
r
a
m
s
m
u
s
h
r
o
o
m
e
d
a
n
d
additional staff or classes were needed.
At the present time, Eden Prairie residents do not u
s
e
t
h
e
C
i
t
y
'
s
A
d
a
p
t
i
v
e
R
e
c
r
e
a
t
i
o
n
program to its fullest potential. It is a controvers
i
a
l
i
s
s
u
e
,
s
h
o
u
l
d
t
h
e
C
i
t
y
o
f
Eden Prairie continue to offer programs or discontin
u
e
p
r
o
g
r
a
m
m
i
n
g
d
u
e
t
o
l
a
c
k
o
f
participation by Eden Prairie residents and their c
h
i
l
d
r
e
n
.
S
t
i
l
l
,
w
i
t
h
t
h
e
c
u
t
b
a
c
k
s
by Hennepin County, 1200 on the AVENUE (West Hennepi
n
C
o
m
m
u
n
i
t
y
C
e
n
t
e
r
)
,
w
h
i
c
h
p
r
o
v
i
d
e
s
a wide range of services for the mentally retarded a
n
d
d
e
v
e
l
o
p
m
e
n
t
a
l
l
y
d
e
l
a
y
e
d
individuals and their families in the West Hennepin
A
r
e
a
i
s
s
c
h
e
d
u
l
e
d
t
o
b
e
c
l
o
s
e
d
unless other funding is provided. 1200 on the AVENU
E
h
a
s
c
o
o
r
d
i
n
a
t
e
d
t
h
e
W
e
s
t
A
r
e
a
Adaptive Recreation/Education program of which Eden
P
r
a
i
r
i
e
i
s
a
p
a
r
t
,
a
n
d
h
a
s
o
f
f
e
r
e
d
information and referral, advocacy, and individual,
f
a
m
i
l
y
,
a
n
d
g
r
o
u
p
c
o
u
n
s
e
l
i
n
g
for residents, as well as a mailing list and mailing
s
e
r
v
i
c
e
s
t
h
r
o
u
g
h
t
h
e
i
r
a
g
e
n
c
y
.
.
If 1200 on the AVENUE closes, each city involved (M
o
u
n
d
,
O
r
o
n
o
,
W
a
y
z
a
t
a
,
S
t
.
L
o
u
i
s
Park, Hopkins, Minnetonka, and Eden Prairie) will n
o
t
o
n
l
y
h
a
v
e
a
l
a
r
g
e
r
b
u
r
d
e
n
i
n
printing - 4321 and postage - 4321, but most of all
i
n
c
o
o
r
d
i
n
a
t
i
o
n
o
f
s
e
r
v
i
c
e
s
.
Eden Prairie does not have a large enough special n
e
e
d
s
p
o
p
u
l
a
t
i
o
n
t
o
o
f
f
e
r
a
w
i
d
e
range of programs on its own. The basis of the West
A
r
e
a
A
d
a
p
t
i
v
e
R
e
c
r
e
a
t
i
o
n
/
E
d
u
c
a
t
i
o
n
Program was for each community to offer a program for
a
d
i
f
f
e
r
e
n
t
a
g
e
a
n
d
a
b
i
l
i
t
y
level, and thus, special needs students would be able
t
o
c
h
o
o
s
e
t
h
e
p
r
o
g
r
a
m
b
e
s
t
suited to their individual ability and interest. How
t
o
g
e
t
m
o
r
e
E
d
e
n
P
r
a
i
r
i
e
r
e
s
i
d
e
n
t
involved in programs is still a frustrating area. Fo
r
t
h
i
s
r
e
a
s
o
n
,
t
h
e
f
a
m
i
l
y
orientated activity and fun/playday were added as a d
i
f
f
e
r
e
n
t
t
y
p
e
o
f
a
c
t
i
v
i
t
y
.
At this time, it is my recommendation to allocate the
p
r
o
p
o
s
e
d
f
u
n
d
i
n
g
f
o
r
t
h
e
Adaptive Recreation Program. If sufficient registrat
i
o
n
i
s
n
o
t
a
t
t
a
i
n
e
d
i
n
a
n
y
program offered, that program would be cancelled with
n
o
m
o
n
i
t
o
r
y
l
o
s
s
t
o
t
h
e
C
i
t
y
.
22.sq e
Until the effects of agencies closing due to lack of funding by Hennepin County
are realized, I would like to see the City of Eden Prairie continue to support
and encourage Adaptive Recreation Programs for special needs residents on an
ongoing and consistent basis as theyhave in the past.
JF:md
220 F
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SU7JECT:
Mayor and City Council
Bob Lambert, Director of Community Services
Jan Flynn, Human. Services Coordinator)
September 23, 1981
Local Funding Recommendations of the Comprehensive Study
of Human Service Needs and Recommendations for the Funding
Proposal of the South Hennepin Human Services Council
On Monday, September 21, 1981, the Human Rights and Services Commissi
o
n
m
a
d
e
the following recommendations on the New Program Development Budget P
r
o
p
o
s
a
l
of $1,700 and the South Hennepin Human Services Council Budget Propos
a
l
o
f
$5,330.
The Human Rights and Services Commission recommends that the City of Eden Prairie
allocate $1,700 for local implementation of.the "Comprehensive Study
o
f
H
u
m
a
n
„Service Needs in South Hennepin" by establishing a New Program Devel
o
p
m
e
n
t
b
u
d
g
e
t
.
The Human Rights and Service Commission further recommends an alloca
t
i
o
n
,
n
o
t
to exceed $5,330, for the continuation of South Hennepin Human Servi
c
e
s
C
o
u
n
c
i
l
Programs, with priorities to be defined in writing and approved by t
h
e
H
u
n
a
n
Eights and Service Commission prior to granting this funding.
The Commission feels it is important to maintain funding at the loca
l
l
e
v
e
l
b
u
t
also to support implementation of area recommendations contained in
t
h
e
"Comprehensive Human Services Needs Study" through the South Hennep
i
n
H
u
m
a
n
Services Council. Due to cutbacks in funding by Hennepin County, t
h
e
o
r
i
g
i
n
a
l
budget request has been changed to maintaining funding for minimal
p
r
o
g
r
a
m
s
through South Hennepin Human Services Council. The Commission desires
t
h
a
t
the monies go towards implementation of the comprehensive study
and; therefore,
requests the right to obtain a written summary of how Eden Prairie'
s
a
p
p
r
o
p
r
i
a
t
i
o
n
will be utilized once South Hennepin Human Servcies Council determi
n
e
s
t
h
e
i
r
funding from Hennepin County and other agencies and cities, and speci
f
i
c
a
l
l
y
.
what services the City will receive for its investment. Any City fund
i
n
g
s
h
o
u
l
d
be conditional on receipt of this information.
JF:md
1. Edina
2. Bloomington
3. Hopkins
4. Golden Valley
5. Minnetonka
6. Chaska
zzstI G,
AME5u1-4,1-1C-E. VF2111 .61,M
bklb&M-- r#c 'FV-ovk 44cir tiAttzw-
Our plans were to have this vehicle purchased from funds within the fire bond,
but due to increased construction cost, this became impossible.
This vehicle is designed for rescue and ambulance use which would respond to
medical emergencies and motor vehicle accidents.
The vehicles that we are presently using are designed to carry equipment and
manpower to the scene-not for care and transportation of the injured.
1. They do not provide the necessary room to place a victim inside the vehicle
to receive emergency medical care. Because of this, we are forced on numerous
occasions to let people lay out in the cold or rain until the ambulance arrives.
2. Under Minnesota State Law, it is unlawful for us to transport patients within
our present vehicles.
3. This vehicle would make in excess of 250 calls per year.
4. This vehicle could be used for a minimum of 15 years.
5. It is not our intention to provide ambulance service, as we rely on Hennepin
County for that service, however, in the event of a large accident or major
disaster, we do need additional equipment such as this type of unit.
Surrounding coLimunities that have purchased similar vehicles within the past two
years are:
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Stuart A. Fox, City Forester SPI .
DATE: October 2, 1981
SUBJECT: Forestry Budget
During the review of the proposed Forestry budget a number of questions were
raised pertaininq to the labor costs and contractual services. The budget
sheet titled tree disease is somewhat of a misnomer. In actuality the total
budget is divided between three (3) programs which are, tree disease
(inspection and information), tree removal (cutting, hauling, and disposal),
and reforestation (nursery maintenance and afforestation of parks).
The budget item of labor totalling $65,000 is not entirely for the hauling of
diseased elm trees for residential homeowners. An estimated breakdown of this
labor amount is as follows:
$20,500 Removal & hauling of diseased public property trees
36,500 Hauling of residential trees'.
8,000 Tree planting in parks
$65,000
In 1981 the City had 520 diseased elm trees on public property and it will cost
approximately $50/tree to remove these trees utilizing the tree hauling/removal
crew of the parks department. This per tree cost is low because the majority
of trees which are removed are less than 18 inches in diameter and are located
in wooded areas not adjacent to power lines or buildings which facilitates
their easy removal. The labor cost for removal of public trees in 1981 will be
approximately $18,000.
In comparision there was a total of 5,120 diseased trees marked on private property.
I would estimate that the City tree crew will haul approximately 85% of these
trees or 4,350 trees. The other 15% will be disposed of by contractors hired by
the homeowner, debarked for firewood, hauled away by the homeowner or burned
by permit on site. The estimated cost for hauling these trees (labor only)
is $9.00/tree. By including truck maintenance, fuel, chipping costs, etc, the
hauling/disposal cost is approximately $20/tree when shared on a community wide
basis as is now being done (not including State subsidy).
In contrast if the homeowner was to hire a contractor to haul a tree the cost
would range from 000-$150/tree.
The operation of the hauling/disposal program the City has provided a valuable
service at a low cost. The total cast of the program has been shared by the
entire community. Before making any recommendations about ways of changing or
supplementing the heeling program to offset its cost, I would like to outline
the tree disease program.
22541714
Dutch elm disease first appeared in the State in 1961 in St.
P
a
u
l
.
Since then
it has been found in every county within the State.
In 1973 the State made it mandatory for cities within the s
e
v
e
n
C
o
u
n
t
y
m
e
t
r
o
p
o
l
-
itan area to have a Dutch elm and oak wilt disease control
p
r
o
g
r
a
m
.
E
d
e
n
P
r
a
i
r
i
e
started a full-time disease program in 1975. A Forestry Ta
s
k
F
o
r
c
e
r
e
c
o
m
m
e
n
d
e
d
a program change to the City council in 1976 and starting i
n
1
9
7
7
t
h
e
p
r
o
g
r
a
m
has operated with the following philosophy:
1. The shade trees of the community are of foremost importance
t
o
t
h
e
residents of the community. Mature trees and wooded landsca
p
e
s
a
r
e
a significant amenity of benefit to the entire community.
2. Dutch elm and oak wilt disease are urban problems. The los
s
o
f
these trees to disease affects the heating/cooling costs of
a
home and decreased the value of the property.
3. Timely inspection and removal (sanitation) is necessary to
e
l
i
m
i
n
a
t
e
breeding habitat (dead elm with bark intact) which lowers t
h
e
disease incidence.
4. There are no "cures" for Dutch elm disease (DED). Presentl
y
i
n
j
e
c
t
i
o
n
s
of Arbotect 20S can be used by homdowners to supplement a good
sanitation program.
There are several research projects which show promise and
t
h
e
t
e
s
t
e
d
materials are due for release in 1983.
5. The program will not save all elm trees. A good sanitation
p
r
o
g
r
a
m
will "buy" 25-30 years of valuable growth time for other tree
s
t
o
replace the residential elm trees. The total cost of tree re
m
o
v
a
l
will also be spread over a longer period of time.
The City has received subsidy from the State of Minnesota t
o
o
f
f
s
e
t
a
p
e
r
c
e
n
t
a
g
e
of the costs expended by the City in conjunction with the t
r
e
e
d
i
s
e
a
s
e
p
r
o
g
r
a
m
.
The funding has changed from year to year based on the appr
o
p
r
i
a
t
i
o
n
m
a
d
e
b
y
the legislature.
RESULTS OF 1981 LEGISLATURE
The legislature appropriated $7.0 million for the biennium.
T
h
i
s
m
e
a
n
s
d
u
r
i
n
g
1981 and 1982 the City will receive subsidy if they partic
i
p
a
t
e
i
n
t
h
e
S
t
a
t
e
Shade Tree Program. The amount of subsidy for 1981 is 25%
o
f
e
l
i
g
i
b
l
e
expenditures. Eligible expenditures include the following:
- Labor costs: (including benefits)
- Equipment costs: (based on mileage or hours of operation)
- Contractual costs: (eg. County chipper)
However, not all money spent in the operation of a tree prog
r
a
m
i
s
r
e
i
m
b
u
r
s
a
b
l
e
under the subsidy program. The following are ineligible cost
s
:
- All wages paid for administrative or clerical work
- Cost of fuel, tires, filter and other miscellaneous mainte
n
a
n
c
e
c
o
s
t
s
- Private property reforestation
As of January 1, 1982 the City is not required by law to participate in the
State Shade Tree Program. However, in order to receive any subs
i
d
y
t
h
e
C
i
t
y
must continue to operate under the State Statute 18.023. I woul
d
n
o
t
a
d
v
o
c
a
t
e
that the City drop its tree program since this would result in wha
t
i
s
c
o
m
m
o
n
l
y
called the "Sycracuse Syndrome".
In the late 1960's Syracuse, New York had a very successful Dutch
e
l
m
d
i
s
e
a
s
e
program; however, due to lack of political and public support for t
h
e
p
r
o
g
r
a
m
i
t
was dropped when it was deemed too "expensive" to operate. In a ma
t
t
e
r
o
f
t
w
o
(2) years the losses of trees to DED increased from 1,000 to 6,00
0
.
T
h
e
f
i
n
a
l
result was that the property owners and City were responsible for
t
h
e
r
e
m
o
v
a
l
of over 83,000 trees within 5 years after the program was discont
i
n
u
e
d
.
T
h
i
s
represents over 90% of the residential elms of their city. A teme
n
d
o
u
s
t
a
s
k
that proved to be more expensive than the continuation of their tr
e
e
d
i
s
e
a
s
e
program.
PROGRAM ALTERNATIVES
At the present time, the City is operating a tree disease program wh
i
c
h
is
$100,000-$150,000 less than surrounding communities of equal physi
c
a
l
s
i
z
e
,
.
i
o
s
s
i
n
g
approximately the same number of elm trees. By the very nature o
f
o
u
r
p
r
o
g
r
a
m
we have cut the total budget cost considerably when compared with
a
d
j
a
c
e
n
t
programs.
Alternative #1
City continue to haul diseased elm debris but charge the property
o
w
n
e
r
o
n
a
p
e
r
tree (diameter inch) basis.
Advantages - Would equalize the cost of the program by making on
l
y
p
r
o
p
e
r
t
y
w
h
i
c
h
lose elms pay for the hauling/disposal.
Disadvantages - The billing and collection of such fees would re
s
u
l
t
i
n
h
i
g
h
administrative costs. Homeowners may decide it is too expensive
t
o
h
a
v
e
t
h
e
City haul the material and just stack it as firewood resulting in h
i
g
h
e
r
d
i
s
e
a
s
e
incidence.
Alternative 4t2
Discontinue hauling of trees and make the homeowner responsible to
hire a
contractor to remove tree debris.
Advantages - Some reduction in the budgr-t for hauling labor and co
n
t
r
a
c
t
u
a
l
services (chipping). Homeowner pays for the full cost of hauling
a
n
d
d
i
s
p
o
s
a
l
.
Disadvantages - Many property owners have expressed concern to the
s
t
a
f
f
a
b
o
u
t
the great expense involved in cutting down the trees. This approa
c
h
w
o
u
l
d
p
l
a
c
e
even more burden on the property owners and eliminate the communit
y
w
i
d
e
p
a
r
t
i
c
i
-
pation in the program.
Alternative #3
Continue to haul residential trees as currently done but eliminate hauling for
non-residential, property within the control zone.
260-
-4-
'
Advantages - Reduction in hauling and disposal
c
o
s
t
s
.
P
r
o
p
e
r
t
y
o
w
n
e
r
(
l
a
n
d
owner) is totally responsible.
Disadvantages - Places a large burden on proper
t
y
o
w
n
e
r
s
w
i
t
h
r
a
w
l
a
n
d
a
d
j
a
c
e
n
t
to residential areas. Failure to remove the trees
w
i
l
l
r
e
s
u
l
t
i
n
h
i
g
h
e
r
d
i
s
e
a
s
e
incidence in the residential area.
Alternative 1t4
Discontinue or modify the private property refor
e
s
t
a
t
i
o
n
p
r
o
g
r
a
m
.
Advantages - This would save the City $32,000, w
h
i
c
h
i
s
n
o
t
s
u
b
s
i
d
i
z
e
d
b
y
t
h
e
State.
Disadvantages - Homeowners may lose interest in
p
l
a
n
t
i
n
g
f
o
r
f
u
t
u
r
e
t
r
e
e
l
o
s
s
e
s
.
This recommendation is extremely difficult when
y
o
u
c
o
n
s
i
d
e
r
t
h
a
t
t
h
e
s
e
a
r
e
t
h
e
future shade trees of our community and a posit
i
v
e
i
n
c
e
n
t
i
v
e
o
f
t
h
e
f
o
r
e
s
t
r
y
program. To the staff's knowledge Eden Prairie
i
s
t
h
e
o
n
l
y
c
i
t
y
i
n
t
h
e
S
t
a
t
e
with such a program. By modifying the program
p
e
r
h
a
p
s
t
h
e
C
i
t
y
c
o
u
l
d
c
h
a
r
g
e
a percentage or the entire cost of the trees t
o
t
h
e
h
o
m
e
o
w
n
e
r
s
.
T
h
i
s
p
r
o
g
r
a
m
could be administered in the same manner as the
c
u
r
r
e
n
t
p
r
o
g
r
a
m
;
h
o
w
e
v
e
r
,
t
h
e
homeowner would be required to pay for the trees
o
r
t
h
e
i
r
s
h
a
r
e
o
f
t
h
e
t
r
e
e
cost when ordering. If they do not pay, the tree
s
a
r
e
n
o
t
o
r
d
e
r
e
d
.
SUMMARY
The disease tree program in Eden Prairie is ofte
n
p
l
a
c
e
d
i
n
a
p
o
s
i
t
i
o
n
o
f
paradox. On one hand the residents are proud of
t
h
e
i
r
c
o
m
m
u
n
i
t
y
a
n
d
t
h
e
w
o
o
d
e
d
lots and landscape they cherish so much and on t
h
e
o
t
h
e
r
t
h
e
c
o
s
t
s
i
n
v
o
l
v
e
d
to maintain a tree program always seem excessiv
e
a
n
d
u
n
f
a
i
r
.
F
o
r
t
h
e
p
r
o
g
r
a
m
to work to its maximum, it takes a total commun
i
t
y
e
f
f
o
r
t
.
.
A
t
t
h
e
p
r
e
s
e
n
t
t
i
m
e
,
we still have 70-73% of the City's elm tree popu
l
a
t
i
o
n
l
e
f
t
w
i
t
h
i
n
t
h
e
c
o
n
t
r
o
l
zone.
At the present time, if cuts or reductions were
t
o
b
e
m
a
d
e
i
n
t
h
e
f
o
r
e
s
t
r
y
b
u
d
g
e
t
,
staff would recommend restructuring the private p
r
o
p
e
r
t
y
r
e
f
o
r
e
s
t
a
t
i
o
n
p
r
o
g
r
a
m
which is not subsidized by the State.
Any other major changes or restructuring of the
f
o
r
e
s
t
r
y
p
r
o
g
r
a
m
m
u
s
t
b
e
d
o
n
e
with care and consistent with State guidelines
i
f
t
h
e
C
i
t
y
d
e
s
i
r
e
s
t
o
c
o
n
t
i
n
u
e
•
receiving monies from the state. Indications fro
m
t
h
e
D
e
p
a
r
t
m
e
n
t
o
f
A
g
r
i
c
u
l
t
u
r
e
are that legislatures are still committed to the
p
r
o
g
r
a
m
b
u
t
m
a
d
e
t
h
e
1
9
8
2
p
r
o
g
r
a
m
voluntary so communities that were not committed
t
o
a program could bow out.
SAF:md
2.2.61
22.55
September 23, 1981
TO: Chief Hacking
FROM: Captain Wall
Subject:
Expansion of Canine Program
The first few months of our canine unit operations have been very
successful. There have been numerous incidents where the dog has been
used and the results have been gratifying to say the least. Probably
the most obvious of these were: large drinking parties, burglaries in
progress, miscellaneous disturbance calls and alarm calls.
In many cases, though, the unit has not been available when needed
due to the handler's regular days off, vacation time, sick leave and
down time for the dog. As a result I would urge your consideration
of training another handler and clog at the next regular St. Paul
Police Department 90 day training session. This would increase
availability of a unit and allow the two handlers to assist each other
with on going training exercises. All necessary start up funding has
been donated by the Jaycees and we have a vehicle in service that can
be used.
The St. Paul Police Department sessions generally fill early so it
would be helpful to get approval in the next few weeks so we can enroll
our officer.
City Council Agenda - 2 - Tues.,October 20, 1981
K. 2nd Reading of Ordinance No. 81-15, rezoning 13 acres from Rural
to RM 6.,5 for 38 single family lots and developer's agreement
for Autumn Woods hy Dennis J. Truempi
L. 2nd Readiu of Ordinance No. 81-16 rezoning 20 acres from Rural
to RM 6.5- and developer's agreement for Sundquist Addition by
Nils Sundquist
V. PUBLIC HEARING
A. COR PhD AMENDMENLby Karl F. Peterson. Request for a revised
PUD Concept approval to utilize 4.21 acres for office use with
variances for parking, sideyard setback and a lot with no public
road frontage. Located in the southwest corner of Co. Rd. 4
and TH 5 behind Superamerica (Resolution No. 81-176) Continued
from 10/6/81
VI. PAYMENT OF CLAIMS NOS. 8703 - 8892
VII. REPORTS OF ADVISORY COMMISSIONS
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Attorney
C. Report of City Manager
1. Set date for discussion on Codification
D. Report of Director of Community Services
1. Accept bids for Summer Hockey School
2. Reguest to institute trail easement with Hennepin Vo-Tech
3. Approve hiring_ architect for shelter at Staring Lake Park
and Neighborhood Parks
4. 1st Reading of Ordinance No. 81-23, regulating bikeways
E. Report of City Engineer
1. Award hid for iinprovements for Autumn Wood, Phase I,
I.C. 52-016C -Desolution No. 81-209)
2. Approve agreement with Mn/DOT specifying cost sharing for
watermain improvements to TH 169 at Hennepin Vo-Tech
intersection I.C. 51_7311A: Agreement No. 60579
(Resolution No. 81T210)
IX. NEW BUSINESS
X. ADJOURNMENT.
Page 2299
Page 2313
Pages 1930
2216 &
2327
Page 2328
Page 2333
Page 2334
Page 2335
Page 2337
Page 2341
Page 2342
Dohn D. Frane, City Clerk
PROCLAMATION FOR
UNITED NATIONS DAY
October 24, 1981
WHEREAS, United Nations Day is designated by the UN General Assembly each year
to commemorate the founding of the Organization on October 24, 1945; and
WHEREAS, on this occasion, we join with the peoples of the world in reaffirming
our commitment to the principles upon which the UN was founded: international peace
and security, respect for human rights, and the promotion of social and economic
cooperation among nations. UN Day also gives us the opportunity to examine our
involvement in the world's problems and their solutions; and
WHEREAS, since the UN was founded 36 years ago, the world has changed dramatically,
with the addition of more than 100 nations to its membership. In this global community,
it is clear that the power to solve the world's problems no longer lies solely in the
hands of a few nations. Instead, all nations must work together to relieve the suffering
of millions, to halt nuclear proliferation, and to promote economic development; and
WHEREAS, Americans have made a great contribution to the creation and continuing
work of the United Nations. And as a part of our foreign policy, the UN is a channel
through which the US can take the initiative for world peace and prosperity. Continued
support for the United Nations can advance constructive goals that will benefit both
the United States and the world.
NOW, THEREFORE, I, Wolfgang H. Penzel, Mayor of Eden Prairie, do hereby proclaim
Saturday, October 24, 1981, as United Nations Day and urge all citizens to participate
In programs and activities designed to increase understanding of the problems and
potential of the UN and to develop ideas on ways to make the United Nations more
effective.
Wolfgang H. Penzel, Mayor
ATTEST:
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
SPECIAL MEETING
TUESDAY, SEPTEMBER 22, 1981
COUNCIL MEMBERS:
COUNCIL STAFF:
7:30 PM, CITY HALL
Mayor Wolfgang H, Penzel, George Bentley, Dean
Edstrom, Paul Redpath, and George Tangen
City Manager Carl Jullie, City Attorney Roger
Pauly, City Attorney Richard F. Rosow,
Finance Director John D. Frane, City Engineer
Eugene A, Dietz, City Forester Stu Fox, and
Recording Secretary Karen Michael
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE
ROLL CALL: All members were present - Tangen arrived late
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Edstrom moved, seconded by Redpath, to approval the Agenda as published.
Motion carried unanimously.
II. CONSENT CALENDAR
A. Final plat approval for Willow Creek 2nd Addition (Resolution No. 81-199)
B. Set Public Hearing for October 20, 1981 to consider request for Municipal Industrial
Development Bonds in the amount of $378,000 for bean Spencer, Sr. Project
MOTION: Bentley moved, seconded by Redpath, to adopt items A and B on the Consent
Calendar. Motion carried unanimously.
III. PUBLIC HEARINGS
A. Public Hearing for 1981 Assessment Projects (Resolution No. 81-200)
City Manager Jullie spoke to the purpose of the Assessment Hearing.
City Engineer Dietz spoke to the proposed assessment roll as outlined in Exhibit
A of Resolution No, 81-200. (See attached)
7ci
City Council Minutes -2- September 22, 1981
1. I.C. 51-325 (Valley View Road Extension)
City Attorney Rosow questioned Russell Smith, an appraiser on behalf
of the City, regarding his appraisal of the Pavelka property. Mr.
Smith's appraisal concluded that the benefits to the property, by
virtue of the improvements, exceeded the amount of the special assess-
ments.
Councilman Tangen arrived at 7:50 p.m.
Rose Pavelka, 7120 Duck Lake Road, said they have requested an agriculture pre-
serve designation.
Penzel elaborated on the appropriateness and the timeliness of the project.
Bill Bearman, 9955 Valley View Road, asked Smith if soil tests had been done
on the Pavelka land. Smith said none had been made. Bearman also asked how
familiar Smith is with City Ordinances. Smith said he checks on Ordinances with
the Planning Department.
This item was continued to the October 6, 1981, meeting.
2. I.C. 51-288 (Industrial Drive Improvements)
Redpath asked if there had been any discussion with property owners regarding
previous street improvements. Dietz said there had been.
An attorney for the property owners at 6340 Industrial Drive stated they have
no objection to the assessment shown, but would be opposed to any credits being
given.
3. I.C. 51-341 (Anderson Lakes Parkway)
No questions were asked.
4. I.C. 51-343 - (Chatham Woods)
Thomas Selseth, 15602 Fairwood Lane, Minnetonka, one of the developers of
Chatham Woods, said the per lot cost is very high. Bentley asked what caused
this per lot cost to be so high. Dietz explained the contractor ran into bad
soil conditions which meant additional excavating had to be done and then more
materials brought in as a base for the roadway. Selseth asked if the assess-
ment could be spread over a longer period. Penzel said the maximum would be
17 years.
Dick Leisig, 16756 Whittington Walk, asked why the assessment was not known
a year ago since the project was completed about that time, Penzel explained
the assessment process.
J.7,1
City Council Minutes -3- September 22, 1981
City Manager Jullie further explained the soil conditions found after the
project had begun. Jullie stated no feasibility study was done because a
100% petition had been filed by the developers. None is required in that
instance. The developers were made aware of the increased costs due to the
soil conditions.
John Muehlberg, 16772 Whittington Walk, one of the developers, said there
is no way the lots can be sold with the assessments as they are now. Penzel
said the City has no way of changing the total assessment, only the length
of time over which it is paid can be changed.
This item was continued to the October 6, 1981, meeting.
5. I.C. 51-344C (Shady Oak Industrial Park W. 70th St.)
A letter from Robert Eggerichs, Partner, E & H Properties, Inc„ is attached.
In this letter objections to the amount of the assessment are outlined,
6. I.C. 51-359 (Norseman Industrial Park 4th Addition)
George Hoff, attorney representing Herleiv Helle, spoke to the objections
outlined in his letter to the Council dated September 21, 1981 (copy attached.)
Herleiv Hello, 6128 Arctic Way, believes the Condor assessment is unfair
Condor should be assessed for at least four acres.
This item was continued to the October 6, 1981, meeting.
7. I.C. 51-360 (Meadow Park)
No questions were asked.
8. I.C. 51-362 (Village Woods II)
No questions were asked.
9. I.C. 51-366 (Valley View Road Watermain Extension, Brauns)
Bruce Cris, attorney for Braun-Kaiser, spoke to the written objection which
had been submitted by Braun-Kaiser,
Al Braun, Braun-Kaiser, said they had just found out this afternoon what is
involved here.
William Bearman, 9955 Valley View Road, asked how much his assessment would be,
Dietz noted Bearman's assessment would be deferred,
5 years at 12% was changed to 17 years at 12%,
10. I.C. 51-375 (Creekview Estates)
No questions were asked.
City Council Minutes -4- September 22, 1981
11. I.C. 51-376 (Cardinal Creek 2nd Addition)
No questions were asked.
12. I.C. 51-380 (Hilltop Road)
No questions were asked.
13. I.C. 51-382 (Willow Creek Road)
Bert Sutton, 7190 Flying Cloud Drive, wanted to know about the feasibility
report. He did not recall receiving a notice of that public hearing.
14. I.C. 51-383 (Rymarland Camp 2nd Addition)
No questions were asked.
15. I.C. 51-385 (Lake Idelwild Drainage)
Calvin Anderson, 7214 Topview Road, representing Eden Prairie Presbyterian
Church, noted the ballpark behind the Church does not drain towards Lake
Idelwild, The Church objects to all five acres being assessed. Burdell
Wessels, 9980 Dell Road, was also present to represent the Church.
The Council agreed to defer two acres of the Church property from the assess-
ment until the property is actually graded to drain to the project.
16. I.C. 51-386 (T.H. 101, 6 Lots North of Valley View Road)
No questions were asked.
17. I.C. 51-392 (Sunset Trails)
No questions were asked.
18. I.C. 51-395 (Kirk Meadows)
Penzel noted a letter from Clifford and LaVerne Wiese, 16680 Luther Way,
objecting to the amount of the assessment, That letter is attached to
the Minutes.
Dietz explained there had been an error in the feasibility report.
Jullie recommended this be referred back to Staff.
Donald Jacobson, 16440 Luther Way, wanted to know what the actual cost was
going to be.
Ken Sconberg, 16560 Luther Way, wanted to know if there would be credit
given for prior deposits, Penzel said there would,
2260
City Council Minutes -5- September 22, 1981
Sconberg asked about the change in elevation of the road. It was explained
this was done due to changes made by the County.
Gerry Beauvais, 7735 Meadow Lane, asked about the increase in the rate of
interest. It was explained the City now has to pay close to 12% and the
policy has been to charge 1 - 11/4% in addition to what the City pays to cover
handling costs.
This item was continued to the October 6, 1981, meeting.
19. Supplementals
Jim Simchuck, 9145 Flying Cloud Drive, questioned the assessment for
lateral water service.
Eugene Hansen, 9125 Flying Cloud, thought he had paid for a lateral water
connection about ten years ago.
Letters were received from Simchuck and Hansen and are attached.
A letter was received from Mrs. Joseph W. Haynes regarding trunk sewer
and water assessments PIN #s: 2-116-22-23-0006 2-116-22-23-0010
2-116-22-23-0007 2-116-22-23-0011
2-116-22-23-0008 3-116-22-14-0005
2-116-22-23-0009
The Haynes' assessments were continued to the October 6, 1981, meeting.
A letter was received from Donald F. Faulks regarding the problem they
had in receiving mail relative to the removal of trees on their property.
Faulks spoke to the problem also. (Letter is attached.)
Tree Removal: 6-116-22-23-0003 $2123.00 was deleted.
MOTION: Tangen moved, seconded by Redpath, to close the Public Hearing and to
adopt Resolution No. 81-200. Motion carried unanimously.
IV. ORDINANCES & RESOLUTIONS
A. Resolution No. 81-190, establishing and designating Development District No. 1
pursuant to the provisions of Minnesota Statutes, Sections 472A.01 to 472A.1,
inclusive, as amended, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive.
as amended, and establishing Tax Increment District No. 1 pursuant to the provisions
of Minnesota Statutes Sections 273.71 to 273.78, inclusive,as amended and adoptiig .r
and approving a Development Program and Finance Plan for said Development District
and Tax Increment District
Penzel noted letters had been received from Elaine Jacques, Minnesota Tree, Ged-
ncy Tutle, Hakon Torjesen, and the Board of Directors of the Eden Prairie Chamber
of Commerce - all of which are attached.
Tangen wished to acknowledge he had read the letters received this evening. He
felt great efforts had been made by the Staff regarding the Plan and did not find
the letters caused him to change his opinion of the Plan.
2.261
City Council Minutes -6- September 22, 1981
Edstrominouired what the repayment schedule is on the financing. Fahey said
three factors will be relied upon: growth in the tax base within the tax in-
crement district; special assessments and interest on those assessments; and
the two mill levy. The combination of those three elements will pay off $16
million worth of tax increment bonds issued by the City and they will run approx-
imately 20 years. They will finance about $18,075,000 in project costs. Penzel
noted it is based not on a speculative tax base but on existing buildings which
have yet to be taxed.
MOTION: Redpath moved, seconded by Edstrom, to adopt Resolution No. 81-190, a
Resolution establishing and designating Development District No.1 and Tax Incre-
ment District No. 1, and adopting and approving a Development Program and Finance
Plan for said Development District and Tax Increment District. Motion carried
unanimously.
V. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Report of City Manager
1. Consideration of 1982 City Budget
MOTION: Tangen moved, seconded by Penzel, to continue consideration of the
1982 City Budget to Thursday, September 24, 1981, at 8 p.m. Motion carried
unanimously.
VI. NEW BUSINESS
City Attorney Rosow asked to meet briefly with the Council to discuss litigation.
VII. ADJOURNMENT
MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 11:31 p.m.
Motion carried unanimously.
The Council met in private session following the Council meeting to discuss litigation.
MOTION: Edstrom moved, seconded by Tangen, to authorize Staff to deposit (at appropriate time
with the Court: $3,900 for Sutton, $5,400 for Blossom ) $15,800 for Pavelka for possession of
land. Roll call vote: Bentley, Edstrom, Redpath, Tangen i; and Penzel voted "aye,' Motion
carried unanimously.
1 949:
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
October 20, 1981
CONTRACTOR (1 & 2 FAMILY)
Schlee Builders
PLUMBING
Ri-Don Plumbing
These licenses have been approved by the department heads
responsible for the licensed activity.
r g a ‘- _ A:
Pat
t
olie, Licensing Clerk
C.
2
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-208
BE IT RESOLVED by the City Council of the City of Eden Prairie,
the following persons have agreed to serve as election judges and
are appointed for the Bond Referendum, November 17, 1981.
*Indicates Precinct Chariperson.
PRECINCT I
*Rosemary Dysinger
Delores Klein
Bernadette Ploumen
Cheryl Glisczinski
Joanne Ronski
Sue Keller
PRECINCT II
*Sue Lane
Ann Gay Parker
Vi Johnson
Aurelia Rasinski
Barb Johnson
' Mary Upton
PRECINCT III
*Doris Johnson
Ruth Mital
Joanne Carlin
Jan Anderson
Barbara Walker
Cheryl Bridge
PRECINCT IV
*Jinny Gibson
Virginia Gartner
Shirley Jellison
Betty Fritz
Evelyn Rogers
Howard Merriman
PRECINCT V
*Sharon Lynch
Adeline Bramwell
Margaret Kruger
Barbara Vanderploeg
Rita Anderson
Dorothy Swanson
KING OF GLORY LUTHERAN CHURCH'
15613 N. Lund Road
15701 N. Lund Road
17040 S. Shore Lane
7152 Ticonderoga Trail
66.,0 Tartan Curve
6721 Lochanburn Road
IMMANUEL LUTHERAN CHURCH
6961 Alpine Trail
16191 S. Hillcrest Court
16176 Edenwood Drive
7682 Superior Terrace
7660 Atherton Way
16163 Edenwood Drive
FOREST HILLS ELEMENTARY SCHOOL
14315 Crown Drive
12762 Gordon Drive
6890 Canterbury Lane
6591 Manchester Lane
6640 Manchester Lane
7272 Gerard Drive
EDEN PRAIRIE METHODIST CHURCH
15737 Cedar Ridge Road
15701 Cedar Ridge Road
9560 Highview Drive'
8226 Tamarack Trail
9100 Eden Prairie Road
9501 Highview Drive
EDEN PRAIRIE PRESBYTERIAN CHURCH
11426 Leona Road
14329 Fairway Drive
14311 Fairway Drive
8735 Leeward Circle
14312 Fairway Drive
14218 Chestnut Drive .
934-9076
934-9124
934-2391
934-2195
934-4226
934-9482
937-1669
937-8888
937-2848
937-8699
937-8994
937-2938
937-2287
944-3481
937-8828
937-1271
937-2171
941-8104
937-1374
937-1595
934-0934
937-2480
937-2992
934-0941
941-2792
937-8987
937-8261
941-5363
937-8196
937-1795
';',264/
Page two - Resolution No. 81-208
PRECINCT VI SOUTH SUBURBAN HENNEPIN COUNTY VO-TECH
*Mildred Clark
Marion Nesbitt
Jeanne Brandt
Elenor LaVine
Joy Brekke
Barbara Higgins
COUNTING CENTER
Perry Forester
Kent Barker
Leo Rasinski
8779 Basswood Road
8701 Black Maple Drive
12300 Riverview Road
9712 Mill Creek Drive
10091 Homeward Hills Read
11260 Windrow Drive
EDEN PRAIRIE CITY HALL
9505 Highview Drive
15801 Cedar Ridge Road
71,82 Superior Terrace
941-3269
941-2387
941-3316'
944-7636
941-4547
941-5273
934-0938
937-1454
937-8699
ADOPTED by the Eden Prairie City Council this 20th day of October,
1981.
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL
John D. Frane, City Clerk
CHANGE ORDER NO. 4
OCTOBER 14, 1981
PROJECT: Valley View Road Phase II
City of Eden Prairie
Improvement Contract Nos. 51-3250, E, F, & G
,RCH File No. 791013-II Page one of two
TO Progressive Contractors, Inc.
The contract amount for the above referenced project is hereby
modified as described below.
NATURE OF CHANGE
By letters dated August 24, 1981 and September 21, 1981 Progressive
Contractors, Inc. requested additional payment for project work items
due to increased costs incurred when easements were not available in
sequence to the proposed project schedule. It is hereby agreed that
a lump sum payment of $37,000.00 will be added to the contract toget
h
e
r
with a time extension to December 1, 1981 for substantial completion
as full compensation for delays incurred to date.
JUSTIFICATION .
Delays in obtaining easements precluded the completion of major sectio
n
s
of construction during the fall of 1980 and transferred this work to
the 1981 construction season. Increased costs were incurred for materi
a
l
s
and labor. Increased allowances for equipment.are justified. The last
easement for completion of the Duck Lake Road section has only recentl
y
been obtained. Additional mobilization costs will be incurred in the
completion of this work.
SCHEDULE OF ADJUS1MENTS
Add to the contract quantities:
LUMP SUM DELAY Claim $ 37,000.00
SUMMARY OF CONTRACT ADJUSTMENTS
Contract Amount Prior to this Change Order $ 1,300,556.45
Net Increase Resulting from this Changer Order, 37,000.00
Current Contract Amount Including this Change Order 1,337,556.45
Current Contract Completion Date August 12, 1981
Increase Resulting from this Change Order 110 calendar days
Current Contract Substantial Completion Date December 1, 1981
•nn
'7 7
Change Order No. 4
Valley View Road Phase II
City of Eden Prairie
IlTiprovement-Contract Nos. 51-3250, E, F, &.G
RCM File No. 791013-II
Page two of two
THE ABOVE CHANGES ARE APPROVED:
• RIEKE CARRRLL HULLER ASSOCIATES,,,14,g,
• BY.
Date
CITY OF EDEN PRAIRIE, MINNESOTA
By
Date
Date
PROCRESSIV C NT CTORS .; INC.
By
(6j/dg/
THE ABOVE CHANGES ARE ACCEPTED:
•
PROGRESSIVE CONTRACTORS INCORPORATED
8736 Zachary Lane • Osseo. Minnesota 55369 • Telephone: (612) 425-4515
September 21, 1981
Mr. Allan Gray
Rieke, Carroll, Muller Associates, Inc.
1011 So. 1st Street
Hopkins, MN. 55415
E( 7 —Ira
'SEP 23 ILial
Box 1.7,0 55.1:47:,
Re: City of Eden Prairie
Valley View Road
Dear Al:
Per our recent discussions about the work on Duck Lake R
o
a
d
,
P
C
1
is
submitting revised prices on this work for your conside
r
a
t
i
o
n
.
As you know, work on this project is very near completion
.
T
h
e
D
u
c
k
Lake Road portion of the job has not been available for co
n
s
t
r
u
c
t
i
o
n
due to various easement problems. If it is necessary for PCI to build
Duck Lake Road, we are submitting the enclosed revised p
r
i
c
e
s
f
o
r
t
h
i
s
work. We do not feel we can do this small piece of roadw
o
r
k
f
o
r
t
h
e
same prices bid last year for the entire project. The ot
h
e
r
a
l
t
e
r
n
a
t
i
v
e
would be to delete the remaining work on Duck Lake Road
f
r
o
m
t
h
e
c
o
n
t
r
a
c
t
.
If you have any questions on this, please give me a call.
Sincerely,
„/".5 '1 "1-
gon Gibbons
PROGRESSIVE CONTRACTORS, INC.
RC/pd
Encl.
220
Page 11 of 15
ITEM
33
34
35
36
37
38
39
40
2101.501
2101.502
J1.506
2101.507
2104.505
2105.515
DESCRIPTION
Extra Depth Manhole
Inspection Clean-out, Connect to
Existing Tile
Railroad Sewer Crossing
Pavement Marking
Signs, Posts, Markers
Timber Retaining Wall _ _
Reconstruct Rock Gardens
Relocate Ornamental Wood Posts
Subtotal S.A.P. 181-109-03
DUCK LAKE ROAD I.C. 51-325F
Clearing
Clearing
Grubbing
Grubbing
Remove Bituminous Pavement
Unclassified Excavation
UNIT
quANTITY uNIT MEE TOTAL
64 L1N.FT. S .
1 LUMP SUM $
1 LUMP SUM $
1 LUMP SUM $
1 LUMP SUM $
140 LIN.FT. $ /
1 LUMP SUM $ /
1 LUMP SUM $
0.60 . ACRE $ 1,0n e.c o $
15 TREE $
//0.00 $
0.60 ACRE $ $ /ice eo
15 TREE $ Aeo $ loo.ec
40 SQ.YD. $ on 2*.00
8860 CU.Y0. $ kp.Ir 0•,77
2211.501 Aggregate Base,_Class -
2150 TON $ 5.5-0 $
.. . .
2211.501 Aggregate Base, Class 5
(100% Crushed) for Walkway 200 TON $ 9.eo $ ea /e/ce
., . .
2331.504 Bituminous Material for Mixture 18 TON _$__111_0__
...
2331.514 Base Course Mixture 360 TON $ 13. /.0 $
2341.504 Bituminous Material for Mixture
for Walkway 6 TON . $ /9.5-.0o $ //id. eo
2341.504 Bituminous Material for Mixture 31 TON $ /95.0n $
791013
.5 Hydrant and Gate Valve
1
6 Fittings
400
1 7 Adjust Existing Hydrant
2
2:2--76 791013
S. ///5'.eo $
$. Se $
EACH
POUND
EACH
. ,
/ ITEM DESCRIPTION
2341.508 Wearing Course Mixture
2341.508 Wearing Course Mixture for
Walkway
2357.502 Bituminous Material for Tack Coat
2503.541 15" R.C. Pipe Sewer C2,
Class IV
2503.541 21" R.C. Pipe Seer C2,
Class IV
2503.575 Sand and Gravel Bedding
2503.575 Eden Prairie Binder Stone
2506.509 Construct Catch Basins,
Eden Prairie Design
2506.522 Adjust Frame & Ring Casting
2506.523 Adjust Water Valve Box
2521.501 5" Concrete Walk
Pa g e 12 of 15
90 TON $ /46-e)
160 GAL
$ /g _s /9 6..0,./
48 LIN.FT. $ /5.95" $ 9tr ‘,
420 L1N.FT. $ dOWS SV59. or
150 TON $ i,Jc S (96
50 TON $ 9. tid
4 EACH $ a 55'. 00 $ q c. c
EACH $ /;$'..,' $
3 EACH $ //ace $ 330.00
4430 SQ.FT.
$ 410 $ 9531.0c ;
UNIT
QUANTITY UNIT PRICE TOTAL
. 475 TON $ Pf4.3. 7 5-
2531.501 Concrete Curb and Gutter
Design B618 1780 LIN.FT. $ 5. /o $ 909cf, c.;
2575.501 Roadside Seeding (Incl. Topsoil) 2.5 ACRE $ 50o.ro $
2575.505 Sodding (Incl. Topsoil) 1500 SQ.YD. LS'e $ ,
—2575.511-- Mulch Material ,- Type •1 --- 5-- TON: • $ '/o $ cf5eTc.,
- 2575.519 Disc Anchoring --------- - 2.5 ACRE - $ - -$47;,;)
Erosion Protection 1 LUMP SUM $ cc, $ /6.0 c
. _ Connect to Existing Watermain EACH • $ ,71S 1.cio $--
.3 8" Watermain 905 LIN.FT. $ $ /1? 9c5:-7.-
4 8" Gate Valve and Box 1 EACH $ 51 .5-aeo $
0.32 ACRE $
0.32 ACRE $
750 CU.YD. $
$
( 11.508 Wearing Course Mixture 60 TON $
2357.502 Bituminous Material for Tack Coat 30 GAL $
2531.501 Concrete Curb and Gutter,
Eden Prairie Design 460 LIN.FT. ' $
2554.505 Permanent Barricades 24 LIN.FT. $
2575.501 Roadside Seeding (Incl. Topsoil) 0.17 ACRE $
----25757505 Sodding -(Incl: Topsoil)-
100 SQ.YD.
Mulch Material, Type 1
Disc Anchoring
16" WAtermain -
Fittings
Sand and Gravel Bedding
Eden Prairie Binder Stone
Subtotal I.C. 51-3250
0.34 TON $
0.17 ACRE
_
' 240 LIN.FT. $
150 POUND $
150 TON $
50 TON $
$___
2575.511
2575.519
• - • -
2
3
4
•••
791013
Page 13 of 15
ITEM
8
9
2101.501
210. 506
2105.515
DESCRIPTION
Pavement Marking
Signs, Posts and Markers
Subtotal I.C. 51-325F
TICONDEROGA TRAIL T.C. 51-325G
Clearing
Grubbing
Unclassified Excavation
UNIT
QUANTITY , UNIT Ma TOTAL
1 LUMP SUMS //ec.nt $ //ce.00
1 LUMP sum $ /00-0 .0c $ "C."
$ /0 1,
2211.501 Aggregate Base, Class 5
(100% Crushed) 300 TON $
2331.504 Bituminous Material for Mixture ,3.5 TON $
2331.514 Base Course Mixture 70 TON $
2341.504 Bituminous Material for Mixture 4 TON $
REBEHE
*AUG 26 1981
Ass:ci2tes Inc.
Box 130 Hopkins, Minn. 55343
August 24, 1981
Mr. Alan Gray .
Rieke, Carroll, Muller Assoc., Inc.
1011 So. let Street
Hopkins, MN. 55343
Ron Gibbons
PROGRESSIVE CONTRACTORS, INC.
RC/pd
Encl.
22.1 2
ce
PROGRESSIVE CONTRACTORS INCORPORATE
D
IONIEPIIIIIMCZIONOMINGIMIN.2171CRIIINV
8736 Zachary Lane • Osseo, Minnesota 55369 • Telephone: (612)425-4515
Re: Valley View
City of Eden Prairie
Dear Alan:
C. As you know, Progressive Contractors, Inc
.
h
a
s
i
n
c
u
r
r
e
d
s
o
m
e
e
x
t
r
a
c
o
s
t
s
on this project because the majority of t
h
e
c
o
n
s
t
r
u
c
t
i
o
n
s
c
h
e
d
u
l
e
d
f
o
r
the 1980 season had to be dome during 19
8
1
.
T
h
i
s
d
e
l
a
y
w
a
s
b
e
y
o
n
d
t
h
e
control of PCI. We have now assembled the
s
e
c
o
s
t
s
f
o
r
y
o
u
r
c
o
n
s
i
d
e
r
a
t
i
o
n
.
The work we intended tci complete during 1
9
8
0
i
s
s
h
o
w
n
o
n
t
h
e
o
r
i
g
i
n
a
l
j
.
o
b
schedule dated September 22, 1980 which w
a
s
s
u
b
m
i
t
t
e
d
a
t
t
h
e
p
r
e
c
o
n
s
t
r
u
c
t
i
o
n
conference. This schedule was based on t
h
e
c
o
m
p
l
e
t
i
o
n
d
a
t
e
s
g
i
v
e
n
i
n
t
h
e
contract specifications. The job was bid
b
a
s
e
d
o
n
c
o
m
p
l
e
t
i
n
g
t
h
e
w
o
r
k
according to that schedule. In a meeting
o
n
O
c
t
o
b
e
r
2
8
,
1
9
8
0
w
i
t
h
M
r
.
D
i
c
k
Potz of Rieke, Carroll, Muller and Mr. G
e
n
e
S
h
e
r
m
a
n
o
f
E
d
e
n
P
r
a
i
r
i
e
,
i
t
w
a
s
agreed upon that PCI would be compensate
d
f
o
r
a
l
l
r
e
a
s
o
n
a
b
l
e
c
o
s
t
i
n
c
r
e
a
s
e
s
due to this delay.
The attached sheets give a breakdown of
t
h
e
w
o
r
k
i
n
q
u
e
s
t
i
o
n
a
n
d
a
l
s
o
a
summary of the labor, equipment, and mate
r
i
a
l
p
r
i
c
e
i
n
c
r
e
a
s
e
s
.
A
s
o
f
t
h
i
s
date, Duck Lake Road is not available for
c
o
n
s
t
r
u
c
t
i
o
n
d
u
e
t
o
e
a
s
e
m
e
n
t
acquisition. The costs submitted here do
n
o
t
i
n
c
l
u
d
e
t
h
e
i
n
c
r
e
a
s
e
s
w
e
expect to encounter in building Duck Lake
R
o
a
d
a
f
t
e
r
t
h
e
r
e
s
t
o
f
t
h
e
p
r
o
j
e
c
t
has been completed.
If you have any questions on the breakdown o
r
n
e
e
d
a
n
y
f
u
r
t
h
e
r
i
n
f
o
r
m
a
t
i
o
n
,
please give me a call.
91,711
18,471
23,818
16,186
18,237
28,550
-0-
-0-
-0-
2,767
63,161
18,471
23,818
16,146
15,470
MIS
22'79
WORK SCHEDULED FOR 1980
Corn. Exc. (C.Y.)
Class 5 (T)
Class 3 (F)
Curb (L.F.)
Pipe (L.F.)
Corn. Exc. (C.Y.)
Class 5 (T)
Class 3 (T)
Curb (L.F.)
Pipe (L.F.)
(Sta. 0+12-13+47) (Sta. 27+37-51+BC
Dell Rd. Ticonderaga Duck Lk. Valley Vw. Valley Vw. Pond
22,581
750
8,860
11,744
23,276
24,5C
8,115
300
2,150
3,671 4,235
10,650 -o- -0- 5,303 7,865 .
6,390
460
1,780
2,670
4,886
4,440
700
1,373
11;724 c -0-
Scheduled for 1980
Completed in 1980 Unscheduled 1981 V ,H
1980 Rates Diff. 1981 Rates 1Irs. Amount
$25.00
45.00
50.00
42.00
20.00
19.00
15.00
18.00
40.00
$28.00
47.00
52.00
44.00
22.00
24.00
16.00
18.50
42.00
$3.00
.2.00
2.00
2.00
2.00
5.00
1.00
0.50
2.00
210
420
420
210
210
280
280
1,120
130
$630.00
840,00
840.00
420.00
420.00
1,400.00
280.00
560.00
260.00
35.00
38.00
3.00
330
990.00
20.00
22.00
2.00
330
660.00
15.00
16.00
1.00
330
330.00
Equipment
$7,1 630.00
14.98
16.80
1.82
1,840
34 349.00
15.39
17.41
2.02
660
1,331,00
17.79
19.73
1.94
3,020
5,859.00
15.69
17.19
1.50
1,120
1,680.00
18.02
20.21
2.19
130
285.00
Labor
Quantity
18,471
23,818
1,020
15,470
$12,506.0.0
Amount
$1,847,00,
1,191.00
1089.00
1.867.00
Price Increases
'W.10
1.05
1.95
0.25
613 acraper
621 Scraper
627 Scraper
08 Dozer
05 Dozer
14C Rlade
CA15 Roller
Triaxles
Curb Machine
235 Backhoe
05 Dozer
CA15 Roller
Laborer
Pipelayer
Operator
T( :later
Cement Finisher
Class 5 (T)
Class 3 (T)
Ready Mix (C.Y.)
Pipe (L.F.)
Material
$8,894.00
•••
SUMMARY
Equipment Increase
$ 7,630.00
Labor Increase
12,506.00
Eaterial Increase
8 ,0O
$29,030,00
Overhead - 10%
2,903.00
$31,933.00
Profit - 7%
2,235.00
TOTAL
$34,168.00
2275
*Pazwzsvms,e crry .:77 EveAt AzatiziC VP.LLEA) VIEW .
•Wzre..¢.EZaStv C..c4417—#.c-mcz • Cery c›G Ex;ea g&..nte.ts VALLCI *sof
,
PROGRESSIVE CONTRACTORS INCORPOF?An,
8736 Zachary Lane • Osseo. Minnesota 55369 • Telephone: (612)425.45:
October 28, 1980
Mr. Richard Potz
Rieke, Carroll, Muller Associates, Inc.
1011 South 1st Street
Hopkins, MN. 55415
Re: Valley View Road, Phase II
City of Eden Prairie
Dear Sir:
c.
This letter will serve as a confirmation of our meeting yesterday concerning
the work on this job.
There are still a considerable number of easements to be acquired on the job.
Dell Road and the west end of Valley View are still inaccessible at t
h
i
s
t
i
m
e
.
The center portion of Duck Lake Road and the north side of the east e
n
d
o
f
Valley View is not available. The pond site is available for work.
As was discussed and agreed upon yesterday, Progressive Contractors,
I
n
c
.
w
i
l
l
be looking for extra compensation in the event of material and labor cost in-
creases in the spring of 1981. As shown on our schedule at the prec
o
n
,
w
e
intended to complete portions of Dell Road, Valley View, and Duck La
k
e
R
o
a
d
t
h
1
:
1
year. Because these areas will not be accessible until 1981, we will have some 1
increased costs. At this time it appears there will be material increases on
the aggregate base, concrete and some of the pipe. Labor contracts
a
r
e
d
u
e
to
be renegotiated next spring, so we do expect an increase in labor r
a
t
e
s
.
W
e
will keep track of actual increases and submit them to you for payme
n
t
.
If you have any questions on this or need any further information at
.
t
h
i
s
t
i
m
e
,
please call our office.
Sincerely,
Ronald E. Gibbons
PROGRESSIVE CONTRACTORS, INC.
RIG/pd
2271
October 20, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-211
RECORDING CONFORMANCE WITH DEVELOPERS AGREEMENT
CROSSTOWN INDUSTRIAL PARK 2nd ADDITION
WHEREAS, on March 21, 1978, Richard W. Anderson, Inc., a Minnesota
corporation (Owner) and the City of Eden Prairie, a municipal corporation,
entered into a certain Rezoning Agreement (Agreement) pertaining to that
certain property referred to as Crosstown Industrial Park 2nd Addition; and
WHEREAS, the Owner has complied with certain provisions of
said Agreement as to certain lots within said subdivision; and
WHEREAS, the City Engineer has reviewed the Owner's compliance
with said Agreement as to Lot 1, Block 1, Crosstown Industrial Park 2nd
Addition, and has so advised this Council.
NOW, THEREFORE, be it resolved by the Eden Prairie City Council
that as to Lot 1, Block 1, Crosstown Industrial Park 2nd Addition, the
City finds that:
All items of the Agreement have been satisfactorily
completed.
The Agreement shall remain in full force and effect as to all items and
lots not mentioned herein.
ADOPTED by the Eden Prairie City Council on October 20, 1981.
Wolfgang H. Penzel
Mayor
ATTEST: SEAL
John D. Frane, Clerk
2.2:1 9
10125 Crosstown Circle
LAN V.144
ADO
RICHARD W. ANDERSON, INC.
DEVELOPER
October 5, 1981
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Attention: Carl Jullie
Re: Lot 1, Block 1, Crosstown Industrial Park, 2nd Addition
Rezoning Agreement - Document #4456508, Filed March 7, 1979
Dear Mr. Jullie:
A building has been constructed on subject site and an Occupancy Permit
issued thereon.
In order that clear title may be obtained, a release and satisfaction
from the City of Eden Prairie of subject Rezoning Agreement must be
issued by means of a City Council Resolution. Would you kindly attend
to same?
Yours very truly,
RICHARD W. ANDERSON, INC.
By
President
RWA/ej
C.
MEMO
TO: Mayor and City Council
FROM: Eugene A. Dietz, Director of Public'Works
THROUGH: Carl Jullie, City Manager
DATE: October 15, 1981
RE: Change Order Number 2 for Water Treatment Plant Additions
I.C. 51-354
This change order provides for three items:
1. The contract time will be increased by 33 days because of the
delay caused by the iron workers strike during May and June, 1981.
2. A 24" valve is being added to the project to allow a better
operation of the sediment basins.
3. The plans called for a lawn irrigation system to be installed
as part of the project. Due to the anticipated modifications
to the entrance as a result of the proposed City services
facilities, the irrigation system is proposed to be deleted,
since it would be disrupted at a later date anyway.
The net result is that a $6,548.00 decrease in the contract price would
occur with the approval of this change order.
EAD:sg
BLACK 8c .VEATCH
CONSULTING ENGINEERS
Eden Prairie, Minnesota
Wastewdter Treatment Plant Improvements
Contract No. 4
TEL. (913) 967.2000
TELEX 42.6263
1500 MEADOW LAKE PARKWAY
MAILING AD04[6111 MO 40A 4.0. •401
KANSAS CITY, MISSOURI 64114
81,17 Project 9082.CPS
BEN File G-4.1
August 11, 1981
Mr. Gene Dietz
Director of Public Works
City Offices
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Mr. Dietz:
,
Enclosed is a letter to Barbarossa'1, Sons, Inc. regarding
t
h
e
i
n
s
t
a
l
l
a
t
i
o
n
of an extra 24-inch butterfly valve in the new secondary b
a
s
i
n
e
f
f
l
u
e
n
t
line. This valve was requested by Ed Sorensen and is to
s
e
r
v
e
a
s
a
b
a
c
k
u
p
to the stop plate provided at the basin effluent box and
w
i
l
l
b
e
u
s
e
d
when the basin is taken out of service for maintenance wo
r
k
.
M
r
.
T
h
o
m
p
s
o
n
of Barbarossa has agreed to install the valve for $321.00
i
f
t
h
e
v
a
l
v
e
is provided by the City. Based on the request of Ed Sore
n
s
e
n
w
e
p
l
a
n
.
t
o
include the $321.00 change in contract price in a future change order.
Please contact us if you have questions regarding the abo
v
e
i
t
e
m
,
o
r
y
o
u
may wish to talk to Ed Sorensen about it.
Very truly yours,
BLACK 6 VEATCH
/4:44
Clifton V. Hostetler
jg
Enclosure
cc: Mr. Ed Sorensen
Mr. Jim Schnurr
227 2-
BLACK & VEATCH
CONSULTING ENGINEERS
Eden Prairie, Minnesota
Water Treatment Plant Additions
Contract No. 4
TEL. (913) 967.2000
TELEX 42.6263
MOO MEADOW LAKE PARKWAY
NAMING ADORES.: • O. ION NO. WM
KANSAS CITY. MISSOURI 04114
B&V Project 9082.CPS
B&V File G-4.0
October 6, 1981
Mr. Gene Dietz
Director of Public Works
'City Offices
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Mr. Dietz:
Enclosed for your review are five copies of Change Order No. 2 for Contract
4hp. 4. Change Order No. 2 covers the deletion of the lawn irrigation
system, extends the contract completion date, and adds the installation of
a 24-inch butterfly valve. Please reference our letter to you of August 11,
1981 and our letter of August 11, 1981 to Barbarossa for further explana-
tion of the change to the contract completion date and the valve installation.
If the Change Order No.2 meets with your approval, please have it executed
and forward five (5) copies to Barbarossa and Sons, Inc. for their signature.
Please instruct Barbarossa and Sons, Inc. to distribute the copies of the
change order as follows: One copy to the City of Eden Prairie, one copy
to the Surety, one copy to Jim Schnurr, one copy to Black & Veatch in Kansas
City, and one copy for their records.
Very truly yours,
BLACK & VEATCH
9106/0
amt
Enclosure
cc: Mr. Ed Sorensen
Mr. Gary Thompson
Mr. Jim Schnurr
Clifton V. Hostetler
2:0
ig
cc: Hr. Cone Dietz w'/
Mr. Ed Sorensen
Mr. Jim Seinurr
ZVI
5 . o‘'
BLACK & VEATCH
CONSULTING ENGINEERS •
Eden Prairie, Minnesota
Wastewater Treatment Plant Improvements
Contract No. 14
Yr. Cary Thompson
Barbarosca and Sons, Inc.
P.O. Box AS
Osseo, Minnesota 55369
Dear Mr. Thompson:
TEL. 1913) 967.2000
TELEE 42.6263
1500 MEADOW LAKE PARKWAY
.4
NAILING ADONIS'. • O. DOS NO. ••08
KANSAS CITY, MISSOURI 041114
BV Project 9082.CPS
116 17 Vile C-4.1
August 11, 1981 .
Referenci is nade to your letter of July 31, 1981 regarding the
e
x
t
e
n
s
i
o
n
of tine requested in your letter of June 19, 1991. Your reques
t
I
s
b
a
s
e
d
upon a delay caused by the iron worker's strike. Your letter s
t
a
t
e
d
t
h
a
t
no iron workers were on the construction site from May 11 throu
g
h
J
u
n
e
2
2
.
Our records show that iron workers were working at the construction site
on May 13. We plan to recom*end that the City extend the contr
a
c
t
t
i
m
e
by 33 days with a future change order. The 33 days is based up
o
n
t
h
e
following:
May 14 through May 22, 9 calendar days at 40I+ work stoppod 4 days
May 23 through June 22, 31 calendar days 90%+ work stopped 29 days
Total — 33 disys
Please contact us if you have any questions or coents.
Very truly yours,
BLACK VEATCR
Clifton V. Hoetetlet
• EDEN PRAIRIE, MINNESOTA
WATER WORKS IMPROVEMENTS
CITY PROJECT NO. 51-354
CONTRACT NO. 4
WATER TREATMENT PLANT ADDITIONS
CHANGE ORDER NO. 2
I. SCOPE.
This Change Order No. 2 deletes the lawn irrigation system, extends
the contract completion date, and adds the installation of a 24-inch
butterfly vaye.
II. ORDER.
A. The specifications for Contract No. 4, Water Treatment Plant Additions,
shall be changed as follows:
1. Bid Form, page BF-1. The contract time'shall be increased by
33 days because of the delay caused by the ironworker's strike
during May and June, 1981. The contract time for substantial
completion shall change from 480 days to 513 days and the
contract time for final completion shall change from 630 days
to 663 days. (No change to the contract price).
B. The drawings for Contract No. 4, Water Treatment Plant Additions,
shall be changed as follows:
1. Sheet 8 of 35, Basement Floor Structural Plan. A 24-inch butter-
fly valve, provided by the City, shall be installed by the
Contractor in the 24-inch secondary basin effluent line near the
connection with the 36-inch filter influent line. (Cost $321.00).
2. Sheet 23 of 35, Irrigation Plan and Details. All work related
to installation of the lawn irrigation system shall be deleted from
the contract. Deletion of the work is at the request of the City
because of planned improvements which conflict with lawn irrigation
system layout. (Credit $6,869.00).
(EDEN PPAIRIE, MINN.)
(WIP ADDITIONS CO2-1
224-5
III. CHANGE IN CONTRACT AMOUNT.
The adjustment to the contract amount resulting from this Cha
n
g
e
Order No. 2 is a decrease of $6,548.00. The net change to th
e
contract amount is summarized as follows:
' Current Contract Price
Change Order No. 2
$2,304,803.00
—(6,548.00)
New Contract Price
IV. ACCEPTANCE.
$2,298,255.00
The changes and conditions as set forth in the above Change
O
r
d
e
r
N
o
.
2
are hereby accepted.
BARBAROSSA AND SONS, INC.
CITY OF EDEN PRAIRIE, MINNESOTA
Contractor Owner
By By
Date Date
By
Date
CO2-2
Mayor
City Manager
2210
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-213
RESOLUTION AUTHORIZING AND DIRECTING THE ACQUISITION
OF CERTAIN LANDS BY EMINENT DOMAIN
WHEREAS, the City is empowered by Minnesota Statutes 412.211 to acquire real
property, as the purposes of the City may require, by condemnation;
WHEREAS, it is necessary, advisable and expedient and in the public interest to
acquire the Property described in Exhibit "A" attached hereto for the purpose of
constructing thereon City buildings and improvements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie,
Minnesota:
1. The City shall proceed by eminent domain to acquire title to the
Property.
2. The City attorney is authorized and directed to prepare petitions and
serve notices as required by law and to prosecute such proceedings
to a successful conclusion or until abandoned, dismissed or terminated
by the City or by the court, and the City attorney, the Mayor and the
clerk shall do all things necessary in connection with the commencement,
prosecution and successful termination of such proceedings. It is
understood that if the City can acquire the property in a manner other
than by eminent domain, any such proceedings may be terminated.
ADOPTED, by the City Council of Eden Prairie this day of October,
1981.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Franc, City Clerk
That part of the Northeast 1/4 of Section 16, Township 116,
North Range 22, West of the 5th Principal Meridian, described
as follows: Commencing at a point distant 1885.16 feet North
and distant 33 feet West of the Southeast corner of said
Northeast 1/4; thence Northerly parallel with and distant 33
feet from the East line of said Northeast 1/4 a distance of
285.16 feet; thence Westerly at a deflection angle to the left
of 92 degrees 54 minutes, a distance of 407.56 feet; thence
Southerly at a deflection angle to the left of 87 degrees 04
minutes a distance of 274.89 feet; thence Easterly to the point
of beginning, according to the United States Government Survey
thereof, Hennepin County, Minnesota.
2.2.71
Mal 31311,0755
L“, orrlote
LAND.. PAULY & ORCOERHON. LTD.
4105 MS CENTER
MINNEAPOLls. MINNESOTA 55401
SIDDIERT I. LAHR
RODER A. PAWN
DAVID H. ORC0CR•01.1
-----
II. THOMAS a Rectn c. OR.
RICHARD r. pn•ow
LAWRCHCS .1. SKOCILDHO October 13, 1981
Mr. Gene Dietz
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Re: I.C. 51-325
Dear Mr. Dietz:
Enclosed please find the Agreement Regarding Special A
s
s
e
s
s
-
ments which has been signed by the Pavelkas'. This for
m
o
f
t
h
e
agreement incorporated the changes made subsequent to t
h
e
l
a
s
t
city council meeting and therefore should be re-approve
d
b
y
t
h
e
c
i
t
y
council at its meeting on October 20th. The changes ma
d
e
t
o
t
h
e
Special Assessment Agreement are following:
I. Special assessment against the property in Section.8
will now be levied in 1986 at 12% interest and spread
over twelve years as opposed -to being levied in 1982,
at 12% interest spread , over 16 years.
2. The reference to the senior citizen hardship special
assessment deferral has been stricken from the agreemen
t
.
Should the council approve the agreement, please have t
h
e
mayor and city manager-execute the document on page 3, i
n
i
t
i
a
l
p
a
r
a
-
graph 5 on page 2 and have the document notarize and ret
u
r
n
t
o
m
e
for filing.
If you have any questions, please do not hesitate to con
t
a
c
t
m
e
.
Very truly yours,
RFR:flc
Enclosure
4
LANG, PA ! lLY & GREGERSON, LTD.
BY "
-d
71/711.1-14
7.77.F.IRosow
AGREEMENT REGARDING SPECIAL ASSESSMENTS
This is an aoreement made this day of October, 1981,
between the City of Eden Prairie, a Minnesota municipal corporation
(the "City") and Alfred E. Favylka and Rosalie H. Pavelka ("Owners")
RECITALS
: A. Owners are the registered owners in fee of certain
real property (the "property") situated in the City of
Eden Prairie, Hennepin County, State or Minnesota, more
.fully described in Exhibit "A" attached hereto and made
a part hereof.
B. City has approved construction of public improvements
over portions of the property by City Improvement
Project 325, (the "Improvements").
C. In order to pay for a portion Of the Improvements, City .
proposed to levy special assessments against the property
in the total amount of $240,992.91 (the "special assess-
ments").
D. —Owners filed written objections to the levying of the
spacial assessments .against the property.
E. City and Owners have reached agreement as to the amount
and other' details of the special assessments to be
levied against the property.
AGREEMENTS
The parties hereto agree as follows:
1. 1981 Special Assessment: Owners consent to the levying in
of a special assessment in the amount of $145,338.80 at
124 interest, payable over seventeen (17) years against
that portion of the property situated in Section 7:"
2. 1986 .Specia.1 fllisessmept: . Owners consent to the levying
Of a special assessment in 1996, in the amount of $91.395.!
at 124 interest, payable over twelve (12) yOars against
that portion of the property situated in Section 8.
a . Subject to a change in the trunk sewer assessment upon proof
snlimitted prior to October 1, 1982, that the toCal acre4ge is differ.
from that used as the basis for that assciament; i.e. 34.91 acres.
3. Owners withdraw all objections they previously made tc
the levying of the special assessments and in particular
Owners' written objections to tne mayor, city officials
and city council persons dated September 15, 1981..
Owners further agile that they will not submit any other
objections on account of the 1981 Special Assessment or
the 1986 Special Assessment referred to above.
4. Owners hereby waive all ri9ht to notice of and hearing
upon the 1982 special assessments.
5. 'ty, upon application by Alfred Pavelka, will grant
.senio citizen hardship special assessment defe al for
the 1982 s cial assessment pursuant to NS C hapter
435.193-195 pro ed that the legisl re aces not amend
or repeatl said law so s to pro it City from granting
such relief. As part of t deferral, City will declare
by resolution that no nterest
paid upon the 1912
date of
Special •• \ for 'a period of r IN ."' rr.ars from the
ing, at the expiration of whi time interest
gin to accrue Against the principal I at
6. Other than the 1981 Special Assessments and the 1926
Special Assessments, City will not cause a special
assessment to be levied against the property for a
period of five years from October 1, 1981. However, sho
Owners develop the property so as to require the constru
tion of further utilities or the upgrading of Duck Lake
Road subsequent special assessments on account of such
improvements may be necessary and the levying of such
special assessments is not prohibited by the five year
term referred to herein.
7. Owners specifically waive all rights under Ninnesota
Statutes Section 429.081 or otherwise that they may 'have
to challenge the amount or validity of. the 1981 Special.
Assessments or the 1986 Special tosessments referred to
herein.
LTATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
BY:
Woligano Fenzel
Its Mayor
BY:
Carl J. Jullie
Its City Manager
rant, •J -
Pavelsa
M
Regalia H. Favelka
THE CITY OF EDEN PRAIRIE
The foregoing instrument was acknowledged before me this
9th day Of October 1981, by Alfred E. Pbvelka and Roselle
H. Pavelka.
STATE OF MINNESOTA )
) se.
COUNTY OF HENNEPIN )
PAUL A. SK:II .,•:•-;"'"'$
PUOL:C • .
HCA6 41.P:1•1 myryn14)..asion 2,1 ; $, ;
..... • ..........
The foregoing instrument was acknowledged before me this
day of , 1981, by Wolfgang Fenzel and Carl J.
3ullie, Mayor and City ganager respectively of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of
the municipal corporation.
2:2-92
-EXHIBIT "A'
That part of the Northeast 1/4 of the Northeast 1/4 of
Section.7. Township 116, Rarige•Z, lyine,Porth of a line drawnfrog.-
a point on the East line of said Section -7 distant . 1123.26 fee: •
South from the Northeast corner of said Section 7 to a point on the
West line of the Northeast 1/4 . of the - Northeast 1/4 of said Section
7, distant 1155.46 feet South from the Northwest corner of said-
Northeast 1/4 of the Northeast 1/4, according to the Government suave
thereof.
That part of the Northwest Ouarter,:of the Northwest:
QUarter of SeCtion 6, Township 114, Range 22, described es -beginning
at a point on the West line of said Section S distant 1123.88 feet
South from the Northwest corner of said Section 2; thence North aloni
the West line of said Section 8 a distance of 544.39 feet; thence
East parallel with the North line of the Northwest Quarter of the
Northwest Quarter of said Section 6 to the East line of said-North-
west Quarter of the Northwest QuartervYthence SOuth along said East
line a distance of 475.23 feet; thence deflecting to the right 62
degrees 24 minutes 10 seconds a distance of 138.93 feet; thence West
to the point of beginning, according to the Government Survey there°
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Bob Lambert, Director of Community Services
Stephen Calhoon, Park Planner
October 16, 1981
Request to Approve Change Order for Grading Project.
Staff requests the following change be made to the Staring Lake Park grading
project:
1. Add approximately 1,000 tons of Class V aggregate to the proposed
tennis court pad. This would allow the current contractor to grade
up to the same elevation as the tennis court rock base; therefore,
allowing the base to settle over the winter and reduce the cost
of grading when courts are completed. These tennis courts are
scheduled to be contructed in 1982. Staff estimates this change
would amount to $5,000.
Staff requests the following changes be made to the Red Rock Park grading project:
1. Add 30' of 12" reinforced concrete pipe to existing storm sewer.
This change is required by the Riley-Purgatory Creek Watershed
District. This change will cost approximately $500.
2. Remove 24' of existing curb and gutter on Mitchell Road and replace
with 24' of concrete apron, therefore providing access to future
drive and parking lot. Staff estimates the cost to be $1,100.
3. Add looa cubic yards of sand fill to the sub-grade of future tennis
courts. Staff has contacted Braun Engineering and Testing regarding
feasible improvements to existing soil conditions. Porava Engineering
has removed existing soil samples and borings. These samples were
then tested and the following recommendations were made:
a. Do not remove/disturb existing soil or vegetation.
b. The grade must be raised using only sand fill.
c. Place 6" of Class V aggregate over sand fill and monitor
settlement over the next 2 years.
Staff estimates the cost to be approximately:
a. $3,000 for sand fill.
b. $3,000 for Class V.
141.Z.1 9 Li
2295
CONTRACT AMENDMENT NO. 1
TO CONSTRUCTION CONTRACT FOR
CONTRACT 52-005 EDEN ROAD
CITY OF EDEN PRAIRIE, MINNESOTA
September, 1981 . BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC.
2829 University Avenue Southeast
Minneapolis, Minnesota 55414
The City has decided to add the following work to the cont
r
a
c
t
f
o
r
t
h
i
s
p
r
o
j
e
c
t
f
o
r
furnishing and installing the following items of work:
Item No.
Additions
Item
Estimated
Unit . Quantity
Unit
Price
Amount
1
Aggregate Bedding
Ton ' 70.45
$ 6.00 $ 422.70
2
(Sewer Service Extension - Time and Materials)
a. 8" PVC Ft. 12.5
$ 2.50
$ 31.25
b. Machine and Crew Hrs. 2.5
$275.00
$ 687.50
3 • 7" Concrete Driveway
Pavement
SY
Original Contract Amount
Total Previous Contract Amendments
Contract Amendment #1
Contract Amount To Date
57.4 $ 26.00 $1,493.5E
Total Additions $2,635.01
$0,918:48
$ 0.00
$ 2,635.01
$96,573.49
Description and Location of Work
The above itemized work is located on Eden Road between it
s
i
n
t
e
r
s
e
c
t
i
o
n
s
w
i
t
h
T
r
u
n
k
Highway 169 and Eden Glen Road.
Necessity for Amendments
1. Unstable foundation material was discovered along the 42"
s
t
o
r
m
s
e
w
e
r
p
i
p
e
t
r
e
n
c
h
between the mard..;le and the outlet. Stabilizing aggregate was necessary be
n
e
a
t
h
the manhole and r.; feet of pipe.
Contractor:
Title Date /0 /
2. Additional length was added to an existing sanitary sewer service stub to
ensure adequate protection against damage to the roadway during future
extension to the adjacent private property.
3. A special driveway apron will be added to the north side of Eden Road at
the request of the abutting property owner bnd with the concurrence of the
City Planning Department.
Engineer:
Bennett-Ringrose-Wolsfeld-Jarvis-Gardner:Inc.
Title
City of Eden Prairie:
City Engineer
••nnn•••••
Date
•
' Date -12- -r/
2296
a. Barricade
b. Labor
C. Drill Rig W/Operator
$140.00
$ 20.00
$ 55.00
$ 420.00 i
$ 315.00
$ 192.00 i
$1,020.25 `
Each
3
Hours
15.75
Hours
3.5
. CONTRACT AMENDMENT NO. 4
TO CONSTRUCTION CONTRACT FOR
CONTRACT 51-326 DELL ROAD
CITY OF EDEN PRAIRIE, MINNESOTA
4
October, 1981
BENNETT-RINGROSE-WOLSFEbD-JARVIS-GARDNER, INC.
2829 University Avenue Southeast
Minneapolis, Minnesota 55414
The City has decided to add the following work to the contract for this p
r
o
j
e
c
t
f
o
r
furnishing and installing the following items of work:
Item No. Item
Unit
Estimated
Quantity
Unit
Price Amount
Additions
1. Barricade Installation
(Time and Materials)
Original Contract Amount
$223,920.10
Total Previous Contract Amendments
$119,001.12
Contract Amendment 04
$ 1,020.25
Contract Amount To Date
$343,941.47
Description and Location of Work
The above itemized work is located on Dell Road north of its northerly int
e
r
s
e
c
t
i
o
n
with Duck Lake Trail.
Necessity for Amendments
1. The permanent barricades were installed to stop traffic from utilizing the
constructed portion of roadway in order to reduce potential damage to
property and the disposal of refuse, which has become a recurring problem.
Contractor:
Title Date
Engineer:
Bennett-Ringrose-Wolsfeld-Jarvis-Gardner, Inc.
Title
City of Eden Prairie:
City Engineer
AUTUMN WOODS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 81-J5
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as follows:
The following described property, situated in the County of Hennepin,
State of Minnesota,
As set forth in Exhibit A, attached hereto and made a part hereof
shall be and hereby is removed from the Rural
District
and shall be included hereafter in the RN 6.5 and R1-13.5 District.
Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as of
, 1981 between Trumpy Homes, 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 RN 6.5 and R1-13.5
Districts.
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 1 day of September, 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 , 1981.
•7 nein
' RN 6.5 ZONING
That part of the Southwest quarter of Section 7, Township 116,
Range 22, Hennepin County, Minnesota described as follows:
Beginning at a point on the west line of said South-
west quarter distant 1180.90 feet south of the northwest
corner of said Southwest quarter; thence on an assumed
bearing of East, at right angles to said west line, a
distance of 267.41 feet; thence North 50 degrees, 21
minutes, 42 seconds East, along a line which when ex-
tended will intersect the north line of said Southwest
quarter at a point 17.03.00 feet east of said northwest
corner of the Southwest quarter, a distance of 228.00
cfeet; thence South 76 degrees, 56 minutes, 45 seconds
East, a distance of 60.00 feet; thence South 88 degrees,
05 minutes, 15 seconds East, a distance of 175.00 feet;
thence North 67 degrees, 37 minutes, 05 seconds East, a
distance of 174.00 feet; thence North 78 degrees, 07
minutes, 20 seconds East a distance of 110.00 feet;
thence South 28 degrees, 38 minutes, 41 seconds East a
distance of 168.27 feet; thence North 61 degrees, 21
minutes, 19 seconds East a distance of 4.90 feet;
thence South 28 degrees, 38 minutes, 41 seconds East,
a distance of 180.00 feet to the intersection with the
northwesterly right-of-way line of the Chicago, Mil-
waukee, St. Paul and Pacific Railroad Company; thence
South 61 degrees, 21 minutes, 19 seconds West, along
said northwesterly eight-of-way line, a distance of
1271.78 feet to the intersection with said west line
of said Southwest quarter; thence on a bearing of
North, along said west line, a distance of 698.03 feet
to the point of beginning.
PARCEL 1
EXHIBIT A
2.500
R1-13.5 ZONING
That part of the Southwest quarter of SectiOn 7, Township 116, Range 22,
Hennepin County, Minnesota, described as follows:
Commencing at a point on the west line of said Southwest quarter
distant 1180.90 feet south of the northwest corner of said
Southwest quarter; thence on an assumed bearing of East, at right
angles to said west line, a distance of 267.41 feet; thence North
50 degrees, 21 minutes, 42 seconds East, along a line which when
extended will intersect the north line of said Southwest quarter
at a point 1703.00 feet east of said northwest corner of the
Southwest quarter, a distance of 228.00 feet to the point of
beginning of the land to be described; thence South 76 degrees,
56 minutes, 45 seconds East a distance of 60.00 feet; thence
South 88 degrees, 05 minutes, 15 seconds East a distance of 175.00
feet; thence North 67 degrees, 37 minute, 05 seconds East a distance
of 174.00 feet; thence North 78 degrees, 07 minutes, 20 seconds East
a distance of 110.00 feet; thence South 28 degrees, 38 minutes, 41
seconds East a distance of 168.27 feet; thence North 61 degrees,
21 minutes, 19 seconds East a distance of 4.90 feet; thence South
28 degrees, 38 minutes, 41 seconds East a distance of 180.00 feet
to the intersection with the northwesterly right-of-way line of
the Chicago, Milwaukee, St. Paul and Pacific Railroad Company;
thence North 61 degrees, 21 minutes, 19 seconds East, along said
northwesterly right-of-way line, a distance of 1558.50 feet to
the intersection with the east line of said Southwest quarter;
thence North 0 degrees, 56 minutes, 48 seconds East, along said
east line, a distance of 534:40 feet to the northeast corner
of said Southwest quarter; thence South 89 degrees, 43 minutes, 11
seconds West, along the north lire of said Southwest quarter, a
distance of 789.74 feet to a point 1703.00 feet east of said
northwest corner of the Southwest quarter; thence South 50 degrees,
21 minutes, 42 seconds West, a distance of 1636.17 feet to the
p6int of beginning.
PARCEL 2
EXHIBIT A
,2 3oI
huLum“ nvyw.,
9/81
10/81
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1981
by and between TRUMPY HOMES, INC., a Minnesal c
o
r
p
o
r
a
t
i
o
n
,
h
e
r
e
i
n
a
f
t
e
r
referred to as "Owner" and the CITY OF EDEN PRAI
R
I
E
,
a
m
u
n
i
c
i
p
a
l
c
o
r
p
o
r
a
-
tion, hereinafter referred to as "City",
W1TNESSETH:
WHEREAS, Owner has applied to City to rezone land
s
a
s
f
o
l
l
o
w
s
:
f
r
o
m
Rural to RM 6.5 approximately 10 acres described
a
s
p
a
r
c
e
l
1
,
Exhibit A,
attached hereto and made a part hereof, and fro
m
R
u
r
a
l
t
o
R
1
-
1
3
.
5
a
p
p
r
o
x
i
m
a
t
e
l
y
21 acres described as parcel 2, Exhibit A, all of which is situated in
Hennepin Count, State of Minnesota, and is hereaf
t
e
r
r
e
f
e
r
r
e
d
t
o
a
s
"
t
h
e
property", and
WHEREAS, Owner desires to develop the property f
o
r
c
o
n
s
t
r
u
C
t
i
o
n
t
h
e
r
e
o
n
of 21duplexes for an aggregate of 42 units and 4
2
s
i
n
g
l
e
f
a
m
i
l
y
r
e
s
i
d
e
n
t
i
a
l
units, and
NOW THEREFORE, in consideration of the City adop
t
i
n
g
O
r
d
i
n
a
n
c
e
N
o
.
81-15, and Resolution No. 81-173, Owner covenants
a
n
d
a
g
r
e
e
s
t
o
c
o
n
s
t
r
u
c
t
i
o
n
upon, development, and maintenance of said proper
t
y
a
s
f
o
l
l
o
w
s
:
1. Owner shall plat and develop the property in con
f
o
r
m
a
n
c
e
w
i
t
h
the material dated 8/27/81 and revised 10/5/81
r
e
v
i
e
w
e
d
a
n
d
approved by the City Council on 9/1/81 and attac
h
e
d
h
e
r
e
t
o
a
s
Exhibit B, subject to such changes and modificat
i
o
n
s
a
s
p
r
o
-
vided herein. Owner shall not develop, construc
t
u
p
o
n
,
o
r
maintain the property in any other respect or ma
n
n
e
r
t
h
a
n
provided herein.
2. Owner covenants and agrees to the performance ,and obeservance
by Owner at such times and in such manner as pr
o
v
i
d
e
d
t
h
e
r
e
i
n
of all of the terms, covenants, agreements, and
c
o
n
d
i
t
i
o
n
s
set forth in Exhibit C, attached hereto and made a part thereof.
2.36 L
Developer's Agreement-Autumn Woods page 2
3. Lots 1-6, Block 1 and Lots 1-15, Block 2, Exhibit B, shall each
be divided into 2 lots in the final plat provided that 1 duplex
building shall be constructed upon and occupy 2 abutting lots in
such a manner that each of the 2 residential units comprising a
duplex building shall occupy 1 lot and shall be separated from
the other by a common wall situated on a common lot line.
4. Owner shall, prior to final plat submission, submit to the
City Engineer for review and approval, the following:
A. revised storm water and drainage plans;
B. revised street name for Autumn Woods Trail and
Autumn Woods Lane;
C. storm water pond information, including but not limited
to inlet and outfall elevations, capacity, and slope
grades.
5. Owner shall make improvements to TH 101 as outlined in the
State Highway Department letter dated 8/11/81, Exhibit D,
attached hereto and made a part hereof.
6. Owner shall not construct or permit to be constructed duplex
units fronting on any street having a similar front facade or
floor plan unless each similar unit shall be separated by at
least 2 units fronting on such street having dissimilar
facades and floor plans. All duplex units shall have double
car garages.
7. Owner shall, prior to building permit issuance, receive appr
o
v
a
l
from the Chicago, Milwaukee, St. Paul, and Pacific Railroad
Company for the drainage of water from the property over the
'Railroad right-of-way and as approved by City.
8. Owner shall construct an 8' wide 4" thick bituminous path wi
t
h
i
n
outlot B,and within Autumn Woods Trail right-of-way and north of
its driving surface as depicted in red on Exhibit 8, attached
hereto and made a part hereof.
9. Owner shall, prior to building permit issuance for Lots 12-
1
5
,
Block 1; Lots 1-4 and 8-13, Block 3; Lots 19-28, Block 2; and
Lots 1-7, Block 4, provide or petition for sanitary sewer and
water service for all roads and lots.
2303
Developer's Agreement-Autumn Woods page 3
IN WITNESS WHEREOF, the parties to this Agreement have cau
s
e
d
t
h
e
s
e
presents to be executed as of the day and Year aforesaid.
CITY:
olfgang H. Penzel, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this
_______ of
, 1981 by Wolfgang H. Penzel, the Mayor -arl J. Jullie,
the City Manager of the City of Eden Prairie, a municipal corporat
i
o
n
o
n
behalf of the corporation.
Notary Public
OWNER:
Dennis J. TrueMpi,
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
T1 foregoing instrument was acknowledged before me this
1981 by Dennis J. Truempi, the
of Trumpy Homes, Inc., a Minnesota corporation.
-kt1 4 ;V2
ary Public
a.
vod
RN 6.5 ZONING
That part of the Southwest quarter of Section 7, Township 116,
Range 22, Hennepin County, Minnesota described as follows:
Beginning at a point on the west line of said South-
west quarter distant 1180.90 feet south of the northwest
corner of said Southwest quarter; thence on an assumed
bearing of East, at right angles to said west line, a
distance of 267.41 feet; thence North 50 degrees, 21
minutes, 42 seconds East, along a line which when ex,
tended will intersect the north line of said Southwest
quarter at a point 17.03.00 feet east of said northwest
corner of the Southwest quarter, a distance of 228.00
feet; thence South 76 degrees, 56 minutes, 45 seconds
East, a distance of 60.00 feet; thence South 88 degrees,
05 minutes, 15 seconds East, a distance of 175.00 feet;
thence North 67 degrees, 37 minutes, 05 seconds East, a
distance of 174.00 feet; thence North 78 degrees, 07
minutes, 20 seconds East a distance of 110.00 feet;
thence South 28 degrees, 38 minutes, -41 seconds East a
distance of 168.27 feet; thence North 61 degrees, 21
minutes, 19 seconds East a distance of 4.90 feet;
thence South 28 degrees, 38 minutes, 41 seconds East,
a distance of 180.00 feet to the intersection with the
northwesterly right-of-way line of the Chicago, Mil-
waukee, St. Paul and Pacific Railroad Company; thence
South 61 degrees, 21 minutes, 19 seconds West, along
said northwesterly right-of-way lime, a distance of
1271.78 feet to the intersection with said west line
of said Southwest quarter; thence on a bearing of
North, along said west line, a distance of 698.03 feet
to the point of beginning.
.10
2 905 PARCEL 1
EXHIBIT A
RI-13.5 ZONING
That part of the Southwest quarter of Sectidn 7, Township llt, Range 22
,
Hennepin County, Minnesota, described as follows:.
Commencing at a point on the west line of said Southwest quarter
distant 1180.90 feet south of the northwest corner of said
Southwest quarter; thence on an assumed bearing of East, at right
angles to said west line, a distance of 267.41 feet; thence North
50 degrees, 21 minutes, 42 seconds East, along a line which when
extended will intersect the north line of said Southwest quarter
at a point 1703.00 feet east of said northwest corner of the
Southwest quarter, a distance of 228.00 feet to the point of
beginning of the land to be described; thence South 76 degrees.
56 minutes, 45 seconds East a distance of 60.00 feet; thence
South 88 degrees, 05 minutes, 15 seconds East a distance of 175.00
feet; thence North 67 degrees, 37 minutes, 05 seconds East a distance
of 174.00 feet; thence North 78 degrees, 07 minutes, 20 seconds East
a distance of 110.00 feet; thence South 28 degrees, 38 minutes, 41
seconds East a distance of 168.27 feet; thence North 61 degrees,
21 minutes, 19 seconds East a distance of 4.90 feet; thence South
28 degrees, 38 minutes, 41 seconds East a distance of 180,00 feet
to the intersection with the northwesterly right-of-way line of
the Chicago, Milwaukee, St. Paul and Pacific Railroad Company;
thence North 61 degrees, 21 minutes, 19 seconds East, along said
northwesterly right-of-way line, a distance of 1558.50 feet to
the intersection with the east line of said Southwest quarter;
thence North 0 degrees, 56 minutes, 48 seconds East, along said
east line, a distance of 534.40 feet to the northeast corner
of said Southwest quarter; thence South 89 degrees, 43 minutes, 11
seconds West, along the north line of said Southwest quarter, a
distance of 789.74 feet to a point 1703.00 feet east of said
northwest corner of the Southwest quarter; thence South 50 degrees,
21 minutes, 42 seconds West, a distance of 1636.17 feet to the
point of beginning.
PARCEL 2
EXHIBIT A
EXHIBIT B
01.01•1101.111.1
230g
0EVE113 P'ER'S AGREEMENT
EXHI .BITC
. 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 deeded 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.
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$325/single far
$250/duplex unit . 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.
n•••••
Page .2 of 5Exhibit C
V. A. All sanitary sewer, watermain and storm sewer facilities, concrete
curb, gutters, sidewalks and other public utilities ("improvements")
to be made and constructed on or within the property and dedicated
to the City shall be designed in compliance with City standards by
a registered professional engineer and submitted to the City Engin-
eer for approval. All of the improvements shall be completed by
Owner & acceptable to the City Engineer and shall be free and clear
of any lien, claim, charge or encumbrance, including any for work,
labor or services rendered in connection therewith or material or
equipment supplied therefore on or before the later of, 2 years
from the date hereof or , 19 , Upon com-
pletion and acceptance, Owner warrants and guarantees the improve-
ments against any defect in materials or workmanship for a period
of two (2) years following said completion and acceptance. In
the event of any defect in materials or workmanship within said
2 year period warranty and guarantee shall be for a period of three
(3) years following said completion and acceptance. Defects in
material or workmanship shall be determined by the City Engineer,
Acceptance of improvements by the City Engineer may be subject to
such conditions as he may impose at the time of acceptance. Owner,
through his engineer, shall provide for competent daily inspection
during the construction of all improvements. As-built drawings
with service and valve ties on reproduceable mylar shall be deliver-
ed to the City Engineer within 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-
,2369
1/8L.
6/81
•
page 3 of 5 Exhibit C
• icated to the public, over a fiye year period. Prior to the award
of any contract by the City for the construction of any improve-
ments, Owner shall have entered into a contract for rough grading
of streets included in the improvements to a finished subgrade
elevation. Contractor's obligation with respect to the rough
grading work shall be secured by a bond or letter of credit which
shall guarantee completion, and payment for all labor and mater-
ials expended in connection with the rough grading. The amount
of the bond or letter of credit shall be 125% of the cost of such
rough grading and shall be in such form and contain such further
terms as may be required by the City Engineer.
C. Prior to release of final plat, Owner shall pay to City fees for
first 3 year street lighting (public streets) engineering re-
view and street signs.
VI. A. Owner shall remove all soil, and debris from, and clean, all streets
within, the property at least every two months, (or within one week
from the date of any request by City), during the period commencing
May 1 and ending October 31, of each year, until such time as such
streets and improvements therein are accepted for ownership and
maintenance by City.
Prior to City accepting streets and improvements, Owner shall have
restored all boulevards according to the obligations contained
within paragraph VI B.
B. Within 20 days of installation of utilities and street curb in any
portion of the property (if said time occurs between May 1 and
October 31 of any year) Owner shall sod (secured with a minimum of
2 stakes per roll of sod) that part of the property lying between
said curb and a line 18+ inches measured perpendicular with the
curb or in lieu of said sod, place a fiber blanket with seed ap-
proved 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 )5" for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and grade
until such time as the streets and improvements in the property are
accepted for ownership and maintenance by City.
Owner shall also sod all drainage swales serving each 1.5 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:
V1I. 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.
023/0
1/80 1
' •6/81
• page .4 of 5 Exhibit C
VIII. Provisions of this Agreement shall be binding upon and enforceable 'against
Owner, its successors, and assigns,ofi the property herein described.
IX. Owner represents and warrants it owns fee title to the property free
and clear of mortgages, liens, and other encumbrances, except:
X. In the event there are or will be constructed on the property, 2 or more
streets, and if permanent street signs have not been installed, Owner
shall install temporary street signs in accordance with recommendations
of the City Building Department, prior to the issuance of any permit to
build upon the property.
XI. 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
recreational purposes, shall be completed by Owner and acceptance 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
services 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 completion and acceptance Owner
warrants and guarantees the improvements against any defect in materials
or workmanship for a period of two (2) years following said completion
and acceptance. In the event of any defect in materials 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 workmanship shall be determined by the Director
of Community Services. Acceptance of improvements by the Director of
Community Services may be subject to such obligations 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 workman-
ship for a period of two (2) years following comple-
tion and the extension of the pehod 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 be 125% of the estimated con-
struction 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 Community Services. The bond or letter of credit
shall be in such form and contain such other provisions
and terms as may be required by the Director of Com-
munity Services. The Owner's registered engineer shall
make and submit for approval to the Director of Commun-
ity Services a written estimate of the costs of the '
improvements.
23/l
1/80
9/10/80
Page 5 of 5 Exhibit C
•
XII. Owner acknowledges that the rights of City to performance of obligations
of owner contemplated in this agreement are special, unique and of an
extraordinary character; and that in the event that owner violates or
fails or refuses to perform any covenant, condition or provision made by
him herein, City may be without an adequate remedy at law. Owner agrees,
therefore, that in the event he violates, fails or refuses to perform any
covenant, condition or provision made herein, City may, at its option,
institute and prosecute an action to specifically enforce performance of
such covenant. No remedy conferred in this agreement is intended to be
exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of any one or more remedies shall not constitute
a waiver of any other remedy.
XIII. Any term of this agreement that is illegal or unenforceable at law or in
equity shall be deemed to be vbid 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.
XIV. 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.
Olr
wiZ
Sundquist Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 81-16
AN ORDINANCE RELATING TO ZONING' AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as follows: The
following described property, situated in the County of Hennepin, State of
Minnesota, as set forth in
Exhibit A attached heretoand made a part hereof
shall be and hereby is removed from the Rural District
and shall be included hereafter in the RN 6.5 District.
Section 2. The above described property shall be subject to the terms
and conditions of that certain Developer's Agreement dated as of
1981, between Nils E. Sundquist, a single person, 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 RM 6.5 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 1 day of September , 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. franc, City Clerk
PUBLISHED in the Eden Prairie News on the day of
, 1981.
2313
SUNDQUIST ADDITION
Legal Description For Rezoning
The cast 14.50 feet of Lot 22, "Auditor's Subdivis
i
o
n
N
u
m
b
e
r
2
2
5
Hennepin County, Minnesota", according to the plat
t
h
e
r
e
o
f
o
n
f
i
l
e
or of record in the office of the County Recorder,
H
e
n
n
e
p
i
n
C
o
u
n
t
y
,
Minnesota, lying north of a line drawn westerly, a
t
a
r
i
g
h
t
a
n
g
l
e
to the east line of said Lot 22, from a point on s
a
i
d
e
a
s
t
l
i
n
e
distant 597.60 feet north from the southeast corne
r
o
f
s
a
i
d
L
o
t
2
2
.
ALSO
That part of the Southwest Quarter of the NOrthea
s
t
Q
u
a
r
t
e
r
o
f
Section 10, Township 116, Range 22, Hennepin Count
y
,
M
i
n
n
e
s
o
t
a
,
lying southerly of the center line of County Road N
o
.
6
0
,
E
X
C
E
P
T
that part described as follows:
Commencing at the southeast corner of said Southwe
s
t
Quarter of the Northeast Quarter; thence on an ass
u
m
e
d
bearing of North 89 degrees 48 minutes 40 seconds
W
e
s
t
,
along the south line of said Southwest Quarter of
t
h
e
Northeast Quarter, a .distance of 342.00 feet to th
e
point of beginning of the land to be described; t
h
e
n
c
e
continue North 89 degrees 48 minutes 40 seconds We
s
t
,
along said south line, a distance of 967.86 feet
t
o
the southwest corner of said Southwest Quarter of
t
h
e
Northeast Quarter; thence North 0 degrees 01 minu
t
e
s
15 seconds West, along the west line of said South
w
e
s
t
Quarter of the Northeast Quarter, a distance of 5
9
0
.
0
0
feet; thence South 17 degrees 23 minutes 45 seconds
East a distance of 211.26 feet; thence South 88
degrees 31 minutes 45 seconds East a distance of 20
6
.
7
0
feet; thence North 47 degrees 06 minutes 00 seconds
East a 'distance of 226.00 feet; thence North 61 deg
r
e
e
s
38 minutes 45 seconds East a distance of 201.00 fee
t
;
thence North 85 degrees 29 minutes 15 seconds East
a
distance of 318.00 feet; thence South 15 degrees 53
minutes 30 seconds East a distance of 124.80 feet
thence South 0 degrees 29 minutes 36 seconds East
a distance of 540.60 feet to the point of beginning
.
EXHIBIT A 1
2314
Sundquist Add.
9/81
10/81
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
, 1981 by
and between NILS E. SUNDQUIST, a single person,
h
e
r
e
i
n
a
f
t
e
r
r
e
f
e
r
r
e
d
t
o
as "Owner" and the CITY OF EDEN PRAIRIE, a municip
a
l
c
o
r
p
o
r
a
t
i
o
n
,
h
e
r
e
i
n
-
after referred to as "City",
WTTNESSETH:
WHEREAS, Owner has applied to City to rezone from
R
u
r
a
l
t
o
R
M
6
.
5
approximately 25 acres, situated in Hennepin Coun
t
y
,
S
t
a
t
e
o
f
M
i
n
n
e
s
o
t
a
,
more fully described in Exhibit Al, attached hereto and made a part hereof
and hereafter referred to as the rezoned propert
y
"
,
a
n
d
p
r
e
l
i
m
i
n
a
r
y
p
l
a
t
the rezoned property into 46 lots subject to divi
s
i
o
n
a
s
i
n
h
e
r
e
i
n
a
f
t
e
r
provided and 2 outlots together with a 12 acre pa
r
c
e
l
m
o
r
e
f
u
l
l
y
d
e
s
c
r
i
b
e
d
in Exhibit A2, attached hereto and made a part hereof into 46 l
o
t
s
a
n
d
2
outlots, all of which 37 acres is referred to as
"
t
h
e
p
r
o
p
e
r
t
y
"
...
WHEREAS, Owner desires to develop the rezoned prop
e
r
t
y
f
o
r
c
o
n
-
struction thereon of 46 duplexes for an aggregate
o
f
9
2
r
e
s
i
d
e
n
t
i
a
l
u
n
i
t
s
.
NOW THEREFORE, in consideration of the City adopt
i
n
g
O
r
d
i
n
a
n
c
e
N
o
.
8
1
-
1
6
,
and Resolution No. 81-174, relating to the platt
i
n
g
o
f
t
h
e
p
r
o
p
e
r
t
y
,
O
w
n
e
r
covenants and agrees to construction upon, devel
o
p
m
e
n
t
,
a
n
d
m
a
i
n
t
e
n
a
n
c
e
o
f
the property as follows:
1. Owner shall plat and develop the property in conf
o
r
m
a
n
c
e
with the material dated 7/27/81 - revised 8/19/81
r
e
v
i
e
w
e
d
and approved by the City Council on September 1, 1
9
8
1
a
n
d
attached hereto as Exhibit B, subject to such changes and
modifications as provided herein. Owner shall not
d
e
v
e
l
o
p
,
construct upon, or maintain the property in any o
t
h
e
r
r
e
-
spect or manner than provided herein.
2. Owner covenants and agrees to the performance and
o
b
s
e
r
-
vance by Owner at such times and in suc.h manner a
s
p
r
o
v
i
d
e
d
therein of all of the terms, covenants, agreement
s
,
a
n
d
conditions set forth in Exhibit C, attached hereto and made
a part thereof.
01,
.23IS
Developer's Agreement-Sundquist Addition page 2
3. Owner shall convey by Warranty Deed that part of the property
shown as outlots A & B, on Exhibit B, outlined in green to the
City immediately upon filing of ,theAlat and prior to the iss-
uance of any permit to builcrupon the property. Owner shall not
grade or permit or cause to occur any construction upon outlots
A and B except as hereinafter provided.
4. Owner shall, prior to the issuance of any permit to build upon
the rezoned property and final approval of the plat, submit
revised grading and utility plans including detail storm sewer
design and computations to the City's Engineering Department for
review and approval. •
5. Each lot except outlots A and B may be divided into 2 lots in the
final plat provided that 1 duplex building shall be constructed
upon and occupy 2 abutting lots in such a manner that each of
the 2 residential units comprising a duplex building shall occupy
1 lot and shall be separated from the other by a common wall
situated on a common lot line.
6. Concurrent with the construction of each residential unit upon
the property, Owner shall construct for the use of the occupants
of each such unit a garage or enclosed space for 2 motor vehicles.
7. Owner shall not request, nor be entitled to, the issuance of any
permit to build upon the rezoned property until sanitary sewer
service for the rezoned property is in place and approved.
8. Owner shall, prior to the issuance of any permit, provide a
permanent access onto Co. Rd. 60, provide a road connection
to Stewart Drive, and 'stub-in' inner road to the property's '
western boundary for future connection to Mitchell Road, all
as depicted on Exhibit B.
9. Owner shall make available any excess soil from grading the
property to the City for removal at the City's discretion.
10. Owner shall not nor permit others to place or build any
structure nearer to Valley View Road southerly right-of-way
than 30 feet.
11. Owner shall install sump catch basins and manholes prior to con-
struction of storm water outfalls as per the Watershed's recom-
mendations.
12. Owner shall concurrent with street and utility construction
construct 6 foot wide 4 inch thick deep strength asphalt pathways
within outlots A & B, Exhibit B, in the following locations:
A. Commencing at .a point located on the southerly extension
of the easterly line of Lot 17, Block 2, as depicted on
Exhibit B, thence westerly to a point on the southerly
extension of the westerly line of said Lot 17, and
3 /6
Developer's Agreement-Sundquist Addition . page 3
B. Commencing at the western most point of "A" street then
south approximately 300 feet to a point westerly of the
mid point of the westerly line. of Lot 2, Block 2, Exhibit B,
and
C. Commencing at the southerly line of Co. Rd. 60 then south
• ' approximately 160 feet to the northerly line of "A" street,
all as depicted on Exhit;t B.
Notary Public
OWNER:
Nils
- A E./Sundquis
,2311
Developer's Agreement-Sundquist Addition page 4
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)
c •
The foregoing instrument was acknowledged before me this day of
, 1981 by Wolfgang H. Penzel, the Mayor and Carl 3.
JUIlie,-the City Manager of the City of Eden Prairie, a municipal corpora-
tion on behalf of the single person.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
(0?-4 Tbc foregOing instrument was acknowledged before me this _t4; day of
Ue2t214.,./ , 1981 by Nils E. Sundquist, a single person.
otary Public
SUNDQUIST ADDITION
Legal Description For Rezoning
The cast 14.50 feet of Lot 22, "Auditor's Subdivision Number 225
Hennepin County, Minnesota", according to the plat thereof on file
or of record in the office of the County Recorder, Hennepin County,
Minnesota, lying north of a line drawn westerly, at a right angle
to the cast line of said Lot 22, from a point on said east line
distant 597.60 feet north from the southeast corner of said Lot 22.
ALSO
That part of the Southwest Quarter of the Northeast Quarter of
Section 10, Township 116, Range 22, Hennepin County, Minnesota,
lying southerly of the center line of County Road No. 60, EXCEPT
that part described as follows:
Commencing at the southeast corner of said Southwest
Quarter of the Northeast Quarter; thence on an assumed
bearing of North 89 degrees 48 minutes 40 seconds West,
along the south line of said Southwest Quarter of the
Northeast Quarter, a 'distance of 342.00 feet to the
point of beginning of the land to be described; thence
continue North 89 degrees 48 minutes 40 seconds West,
along said south line, a distance of 967.86 feet to
the southwest corner of said Southwest Quarter of the
Northeast Quarter; thence North 0 degrees 01 minutes
15 seconds West, along the west line of said Southwest
Quarter of the Northeast Quarter, a distance of 590.00'
feet; thence South 17 degrees 23 minutes 45 seconds
East a distance of 211.26 feet; thence South 88
degrees 31 minutes 45 seconds East a distance of 206.70
feet; thence North 47 degrees 06 minutes 00 seconds
East a 'distance of 226.00 feet; thence North 61 degrees
38 minutes 45 seconds East a distance. of 201.00 feet;
thence North 85 degrees 29 minutes 15 seconds East a
distance of 318.00 feet; thence South 15 degrees 53
minutes 30 seconds East a distance of 124.80 feet
thence South 0 degrees 29 minutes 36 seconds East
a distance of 540.60 feet to the point of beginning.
• EXHIBIT A1
That part of the Southwest 3/4 of the Northeast ¼
o
f
S
e
c
t
i
o
n
1
0
Township 116, Range 22 Hennepin County, Minnesot
a
,
l
y
i
n
g
s
o
u
t
h
-
erly of the center line of County Road No. 60.
C
o
n
t
a
i
n
i
n
g
3
6
.
7
7
acres more or less to center line of road.
Also the East 14.5 feet of Lot 22, Auditor's Subdi
V
i
s
i
o
n
N
o
.
2
2
5
,
Hennepin County, Minnesota, lying north of a lin
e
d
r
a
w
n
a
t
right angles to the east line of said Lot 22 from
a
p
o
i
n
t
t
h
e
r
e
i
n
distant 597.6 feet north from the Southeast corne
r
o
f
s
a
i
d
L
o
t
2
2
,
according to the plat thereof on file or of recor
d
i
n
t
h
e
o
f
f
i
c
e
of the Register of Deeds in and for said County.
C
o
n
t
a
i
n
i
n
g
0
.
1
9
acres more or less.
C.
EXHIBIT A 2
11.
2?20
.COUNTT n•n••n•nn VS• .40 25 '14.1co 1 26 • i 27 ; I ,l•oo • 12 OUTLOT A 24 „. 57Ew4H7 04156 SCALE ' KoC1 200. 60 ROAR
WO
.zaza
DEVELOPER'S AGREEMENT•
E XHIBIT
ad
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 deeded 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.
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
$250 per unit. The amount to be paid by Owner shall be increased
or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
of the issuance of any building permit for construction on the
property.
IV. Prior to the dedication, transfer or conveyance of any real
property or interest therein to the City as provided herein,
Owner shall deliver to the City an opinion addressed to the
City by an Attorney, and in a form , acceptable to City, as to
the condition of the title of such property or in lieu of a
title opinion, a title insurance policy insuring the condition
of the property or interest therein in the City. The condition of
• the title of any real property or any interest therein to be
dedicated, transferred or conveyed as may be provided herein by
Owner to City shall vest in City good and marketable title,
therein free and clear of any mortgages, liens, encumbrances,
or assessments.
1/80
. Page 2 of 5 Exhibit C
V. A. All sanitary sewer, watermain and storm sewer facilities, concrete
curb, gutters,'sidewalks and other public utilities ("improvements")
to be made and constructed on or within the property and dedicated
to the City shall be designed in 4 coMpliance with City standards by
a registered professional engineer and submitted to the City Engin-
eer for approval. All of the improvements shall be completed by
'Owner & acceptable to the City Engineer and shall be free and clear
of any lien, claim, charge or encumbrance, including any for work,
labor or services rendered in connection therewith or material or
equipment supplied therefore on or before the later of, 2 years
from the date hereof or , 19_ Upon com-
pletion and acceptance, Owner warrants and guarantees the improve-
ments against any defect in materials or workmanship for a period
of two (2) years following said completion and acceptance. In
the event of any defect in materials or workmanship within said
2 year period warranty and guarantee shall be for a period of three
(3) years following said completion and acceptance. Defects in
material or workmanship shall be determined by the City Engineer.
Acceptance of improvements by the City Engineer may be subject to
c such conditions as he may impose at the time of acceptance. Owner,
through his engineer, shall provide for competent daily inspection
during the construction of all improvements. As-built drawings
with service and valve ties on reproduceable mylar shall be deliver-
ed to the City Engineer within 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-
.7,23
page 3 of 5 Exhibit C
icated to the public, over a five.year period. Prior to the award
of any contract by the City for the construction of any improve-
ments, Owner shall have entered into a contract for rough grading
of streets included in the improvements to a finished subgrade
elevation. Contractor's obligation with respect to the rough
grading work shall be secured by a bond or letter of credit which
shall guarantee completion, and payment for all labor and mater-
ials expended in connection with the rough grading. The amount
of the bond or letter of credit shall be 125% of the cost of such
rough grading and sh,.11 be in such form and contain such further
terms as may be required by the City Engineer.
C. Prior to release of final plat, Owner shall pay to City fees for
first 3 year street lighting (public streets) engineering re-
view and street signs.
VI. A. Owner shall remove all soil, and debris from, and clean, all streets
within, the property at least every two months, (or within one week
from the date of any request by City), during the period commencing
May 1 and ending October 31, of each year, until such time as such
streets and improvements therein are accepted for ownership and
maintenance by City.
Prior to City accepting streets and improvements, Owner shall have
restored all boulevards according to the obligations contained
within paragraph VI B.
B. Within 20 days of installation of utilities and street curb in any
portion of the property (if said time occurs between May 1 and
October 31 of any year) Owner shall sod (secured with a minimum of
2 stakes per roll of sod) that part of the property lying between
said curb and a line 18+ inches measured perpendicular with the
curb or in lieu of said sod, place a fiber blanket with seed ap-
proved 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 11" for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and grade
until such time as the streets and improvements in the property are
accepted for ownership and maintenance by City.
Owner shall also sod all drainage swales serving each 1.5 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. 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.
er acid
1/80
6/81
1/80
,6/81
page 4' of 5 Exhibit C
VIII. Provisions of this Agreement shall be binding upon and enforceable against
Owner, its successors, and assigns of the property herein described.
IX. Curler represents and warrants it owns fee title to the property free
and -clear of mortgages, liens, and other encumbrances, except:
X. In the event there are or will be constructed on the property, 2 or more
streets, and if permanent street signs have not been installed, Owner
shall install temporary street signs in accordance with recommendations
of the City Building Department, prior to the issuance of any permit to
build upon the property.
XI. 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
recreational purposes, shall be completed by Owner and acceptance 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
services 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 completion and acceptance Owner
warrants and guarantees the improvements against any defect in materials
or workmanship for a period of two (2) years following said completion
and acceptance. In the event of any defect in materials 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 workmanship-shall be determined by the Director
of Conmunity Services. Acceptance of improvements by the Director of
Comnunity Services may be subject to such obligations 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 conditims, and in accordance with the terms
of this subparagraph V.A., including but not limited
to, a guarantee against defects in materials or workman-
ship for a period of two (2) years following comple-
tion and the extension of the period to three (3) years
in the event of any defect during said 2 year period,
and acceptance of the improvements by the Director of
Community Services shall be 125% of the estimated con-
struction 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 Community Services. The bond or letter of credit
shall be in such, form and contain such other provisions
and terms as may be required by the Director of Com-
munity Services. The Owner's registered engineer shall
make and submit for approval to the Director of Commun-
ity Services a written estimate of the costs of the
- improvements.
)325
• 1/80
. . 9/10/80
Page 5 of 5 Exhibit C
•
XII. Owner acknowledges that the rights of City to performance of obligations
of owner contemplated in this agreement are special, unique and of an
extraordinary character; and that in the event that owner violates or
fails or refuses to perform any covenant, condition or provision made by
him herein, City may be without an adequate remedy at law. Owner agrees,
therefore, that in the event he violates, fails or refuses to perform any
covenant, condition or provision made herein, City may, at its option,
institute and prosecute an action to specifically enforce performance of
such covenant. No remedy conferred in this agreement is intended to be
exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of any one or more remedies shall not constitute
a waiver of any other remedy.
XIII. Any term of this agreement that is illegal or unenforceable at law or in
equity shall be deemed to be Old and of no force and effect to t he 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. -
XIV. 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 table Communication
Ordinance (80-33) of the development contemplated by this Developer's
Agreement. Notice shall be sent to Minnesota Cablesystems Southwest
c/o Pbpham, Naik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center-,
Minneapolis, Minnesota 55402.
October 20, 1981
ST( • OF MINNESOTA
CITY OF EDEN PRAIRIE
COUNTY OF HENNEPIN
The following accounts were audited and allowed as follows:
8569 VOID OUT CHECK
8703 NATIONAL PONTOON
8704 PRAIRIE VILLAGE MALL ASSOCIATES
8705 PRAIRIE VILLAGE' MALL ASSOCIATES
8706 ED. PHILLIPS & SONS CO.
8707 MIDWEST WINE CO.
8708 TWIN CIO' WINE CO.
8709 GRIGGS, COOPER & CO., INC.
8710 JOHNSON BROTHERS WHOLESALE
8711 OLD PEORIA COMPANY, INC.
8712 INTERCONTINENTAL PACKAGING CO.
. 8713 MINNESOTA DISTILLERS, INC.
8714 HENNEPIN COUNTY FINANCE DIRECTOR
8715 FEDERAL RESERVE BANK
8716 COMMISSIONER OF REVENUE
8717 DON OMODT, HENNEPIN COUNTY SHERIFF
8718 AETNA LIFE INSURANCE
8719 MINNESOTA STATE RETIREMENT
8720 GREAT WEST LIFE ASSURANCE
8 , WAY OF MINNEAPOLIS
8722 INTERNATIONAL UNION OF OPERATING
8723 PERA
8724 INSTY-PRINTS
8725 ALFRED E PAVELKA & ROSELLA PAVELKA
8726 VOID OUT CHECK
8727 WESTERN LIFE INSURANCE
8728 HMO SERVICES
8729 SON OF A PRINTER
8730 GROUP HEALTH PLAN
8731 HMO SERVICES
8732 BLUE CROSS INSURANCE
8733 PHYSICIANS HEALTH PLAN
8734 MINNESOTA VALLEY NURSERY
8735 U.S. POSTMASTER
8736 HOPKINS POSTMASTER
8737 CAPITOL CITY DISTRIBUTING CO.
8733 TWIN CITY WINE CO.
8739 OLD PEORIA COMPANY, INC.
8740 HOPKINS POSTMASTER
8741 M1DWIST WINE CO.
8742 ED. PHILLIPS & SONS CO.
8743 JOHNSON BROTHERS WHOLESALE
6744 GRIGGS, COOPER & CO., INC.
PAUSIIS & SONS
811,—) MINNESOTA DISTILLERS, INC.
8747 AMERICAN REP CROSS
8748 UNIVERSITY OF MINNESOTA
8749 DEER WOLESALERS, INC.
8750 CITY COB DISTRIBUTING COMPANY
8751 COCA-COLA BOTTLING MIDWEST INC.
$ (18,965.7:,
Donation-Eden Prairie Jaycees 1,900.0."
Second 1/4 1981 taxes-Liquor Store/Preserve 1,752.7C
October rent-Liquor Store/Preserve 2,114.5;
Liquor 1,584.7
Wine 1,795.9
Wine
Liquor 2,048.41
Liquor 1,750.7:
Liquor 1,400.04
Wine
Liquor 1,330.5T.
Registration-More House 187.5o
Payroll 15,064.C:
Payroll 5,673.1,
Payroll
Payroll
Payroll 40.03
Payroll
Payroll
Dues 350.0
Payroll 10,852.5
Printing-Police Dept. 37.3
Easement-Valley View Road 22,400.0:
Insurance 547.ff.
Insurance 1,795.Y
Printing-Police Dept. 68.1,
Insurance
1,194.T•
Insurance 624.1.
Insurance
Insurance 7,347.2,
Trees-Forestry Dept. 855.0'
Postage-Police Dept. 360.0.
Postage-City Hall
1,000.r
Wine 79.(J:
Wine 3,132.0 ,
Wine 2,630.4'
Postage-Utility bills District #2
Wine
1,803.6:
Liquor
Liquor
3,644.3.
Liquor
3,161.7'
Wine
101J:
Liquor
1,403.,Y
Manuals-Babysitting clinic
67.!
Conference-Street Dept. 50.0!
Beer
5,979.21.
Beer 3,693.7:
Mixes
2
Page two
0c 4 ';er 20, 1981
Beer 3,555.90
Beer 10,002.8.
Mixes
Beer
Beer
267.5'. 1
917.8'• '
127.6 )
Mixes 501.1t-
6,407.3: Beer
Rental-Park Dept.
Softball official
Supplies-Water Dept. 110.?1
437.6! Signs-Street Mainte ance
81,437.50 Blacktop
4,700.10 - Install s bipump-R und Lake Park
Hay-Round ake & Staring Lake
693.7!'
Equipment repair & parts
628.0
91.50 Repair lock-Public Works Bldg.
1,164.31' Refund-Building permit
Service-Bennett Place, Valley View Road, 2,307.5C
West 69th Street, Sunnybrook Road,
Rymerland-Christie Lane
Film-Police Dept. 48.9f'
Rock-Park Dept. 2,118.4:
Supplies-Liquor Stores 198.3:'
Equipment repair & parts 673.2
Grease-Park Dept. 25.8C
Legal ads 110.71
Service 88.6,,
Fee-Special fuel tax 5.0:
September fuel tax 136.E
Supplies-Election 48.9,
Supplies-Engineering Dept. 14.0
Business cards-Eng., Bldg & Senior Center 56.0:
Administrator
Quicklime-Water Dept. 3,267.1:
Mileage 86.5
Equipment repair-Water Dept. 350.0'
Batteries-Police Dept. 49.9,
Supplies-Program Supervisor 13.7:
Expenses 150.r
Refund-Calligraphy II 18.0
Service 90.0 ,
Custodial service 1,073.0
Tests 77.0
Equipment repair & parts 78.7
Service-Lake Fall Drive Tunnell 1,555.7
Grates-Drainage 220.0
Sulfate-Water Dept. e," 832.0
Softball backstops - % 6,975.1
Expenses-Senior Citizens Center 10.5
Baker Road Reservoir annual paint maint. 1,250.c
Lumber-Park Dept. 339.7,
Service-Water Dept. 232.0
Expenses 3.!,
2 f.2 61
8752 DAY DISTRIBUTING CO.
8753 EAST SIDE BEVERAGE CO.
8754 GOLD MEDAL BEVERAGE CO.
8755 KIRSCH DISTRIBUTING CO.
8756 A.J. OGLE CO., INC.
8757 PEPSI COLA/7-UP BOTTLING CO.
8758 THORPE DISTRIBUTING
8759 ACTION REDDY RENTS
8760 DENNIS ALBRECHT
8761 AMERICAN SCIENTIFIC PRODUCTS
8762 EARL F. ANDERSEN & ASSOCIATES, INC.
8763 ASSOCIATED ASPHALT, INC.
8764t ASSOCIATED WELL DRILLERS, INC.
8765 1 DON ATKINS
8706 BERGIN AUTO BODY
8767 BLOOMINGTON LOCKSMITH COMPANY
8768 TIM BLOUDEK
8769 BRAUN ENGINEERING TESTING, INC.
8770 BROWN PHOTO
8771
BRYAN AGGREGATES, INC.
8/ '
BUTCH'S BAR SUPPLY
87/3
CHANdASSEN AUTO PARTS
8774 CHANHASSEN LAWN & SPORTS
8775
CHAPIN PUBLISHING COMPANY
8776
CHEMLAWN
8777
COMMISSIONER OF REVENUE
8778
COMMISSIONER OF REVENUE
8779
COMPUTER ELECTION SYSTEMS, INC.
8780
COPY EQUIPMENT INC.
8781
CURLE PRINTING COMPANY, INC.
8782 CUTLER-MAGNER COMPANY
8783 WARD F. DAHLBERG
8784 DALE'S WATER & SEWER
8785 DASCO INC.
8786 DAY-TIMERS, INC.
8787 EUGENE A. DIETZ
8788 CAROL DOLLY
8789 EDEN PRAIRIE SANITATION CO.
8790 EDEN PRAIRIE SCHOOL DISTRICT
8791 CITY OF EDINA
8792 EMPIRE-CROWN/AUTO, INC.
8793 JOHN ESS A SONS, INC.
8794 ESS BROTHERS & SONS INC.
8795 FEED-RITE CONTROLS INC.
g ; FINLEY BROS., ENTERPRISES
8797 JAN FLYNN
8798 FORD TANK & PAINTING CO., INC.
8799 rRonTIER LUMBER A HARDWARE
8800 G.L. CONTRACTING, INC.
8801 GLEN LAKE BAKERY, INC.
Page three
October 20, 1981
8802 R.L. COULD & CO., INC.
8803 DALE GREEN CO.
8804 ANGELA GRIMES
3305 GROSS INDUSTRIAL SERVICES
8306 DOUG HARLESS
3807 HOPKINS DODGE SALES, INC.
2308 HOPKINS PARTS CO.
3009 HENNEPIN COUNTY
8310 HENNEPIN COUNTY DIRECTOR
0811 HENNEPIN COUNTY TREASURER
3812 BILL HORNIG
8313 HAL HOUGHTON
2814 IMPERIAL, INC.
6815 INGRAM EXCAVATING
8316 INTERDESIGN INC.
8817 INTERNATIONAL HARVESTER CO.
8818 J & R RADIATOR CORP.
8319 CARL JULLIE
3320 KARULF HARDWARE INC.
8'
KREAMER'S HOME CENTER
881_ LANG, PAULY & GREGERSON, LTD.
8823
LEEF BROTHERS, INC.
8824
MATT'S AUTO SERVICE, INC.
8825 METROPOLITAN WASTE CONTROL COMMISSION
8326 METROPOLITAN WASTE CONTROL COMMISSION
8327 KAREN MICHAEL
2828 MIDWEST ASPHALT CORPORATION
8829 MINNESOTA CASH REGISTER CO.
3830 MINNESOTA GAS COMPANY
3331
MINNESOTA TORO, INC.
8332
MODERN TIRE CO.
8833
NORTHERN STATES POWER CO.
3334
NORTHWESTERN BELL TELEPHONE CO.
$335
NORTHWESTERN NATIONAL BANK OF MPLS.
8836
NORTHWOOD GAS CO., INC.
$337 PATCO CMPANY
8338
W. G. PEARSON, INC.
8339
SUE PIERSON
$840 POMMER MFG. CO ., INC.
8841
POWER SYSTEMS
$842
REGISTER MEDIA, INC.
8843 RCM
8844 ANN RYTHER
Pulley-Park Maintenance 'T'''L '-' 198.63
Black dirt 385.50
Refund-Baton & Dance Classes 15.00
Service 91.00
Service-Move 2 warming houses 900.00
Equipment repair & parts 154.19
Equipment repair & parts 61.62
Second 1/2 1981 taxes-Miller Property 1,154.02
Service-Tree debris 150.00
Nuts, screws-Street Maintenance 85.40
Mileage 66.00
Volleyball official 16.00
Supplies-Street Maintenance 19.88
Haul rock-Round Lake 12,248.50
Service-Eden Prairie Conynunity Center 7,081.99
Equipment rental 1,400,00
Equipment repair & parts 33.99
Expenses 16.77
Batteries, trash cans, tape, gloves-Public 466.80
Works, bolts, booster cable, axe, grease
fuses, hammer,paint-Park Maintenance, screen
door-Park Dept., brushes, keys, grass seed,
reflectors, hand sprayer, air pump-Water Dept.
Stain-Water Dept. 28.10
Legal service 7,583.37
Service 201.20
Towing service 49,45
October sewer service 40,314.05
September SAC charges 38,709.00
Mileage 7.50
Blacktop 329.01
Supplies-Liquor Store/Preserve 67.50
Service 20.64
Muffler-Street Maintenance 76.82
Equipment repair & parts 68.85
Service 6,007.98
Service 2,681.32
Bond payment 600,318.10
Gas cylinder 37.00
Paint-Water Dept. 331.67
Sand-Drainage 31.00
Supplies-Kids Korner 24.82
Football supplies-Rec Dept. 151.88
Hose-Street Dept. 29.83
Ads-Liquor Stores 399.00
Service-Schooner Blvd., Westwood Ind. 47,653.96
Park, Autumn Woods, Ind Road Utilities,
High Trails Swr & Wtr., Valley View Road
Pedestrain Bridges, Valley View Road, Fran10
Road & Preserve Blvd Utilities, 70th Street
Improvements, Cardinal Creek Estates, Meadow
Park, Valley Place Office Improvements
Refund-House Plants 7.50
,W 0
Par four
Oct ar 20, 1981
Ads-Liquor Stores 31.60
Portable restrooms 580.3.;
Tests 50.00
Wrenches, bits-Park Dept, Equipment repair- 70.30
Liquor Store/Prairie Village Mall
Softball official 202.50
3,872.T.;
2,450.00
314.70 ,
26.6!!
159.30
6.00 ;
89.50
100.0f.'
38.65 ;
12.75 1
19.00 '
66.00
18.00. '
358.20 •
8.67
•
1,464.2
30.00
19.30
828.00
6,462.72
8845 SAILOR NEWSPAPERS
8846 SATELLITE INDUSTRIES, INC.
8847 KATHY SCHUMACHER
8848 SEARS, ROEBUCK & CO.
8849 JIM SHELLEDY .
8850 W. GORDON SMITH CO.
8851 RUSSELL SMITH ASSOCIATES, INC.
8852 SOUTHWEST SUBURBAN PUBLISHING INC.
8853 SOUTHWEST SUBURBAN PUBLISHING INC.
8854 SOUTHWEST SUBURBAN PUBLISHING INC.
8855 STATE REGISTER/DOCUMENTS DIVISION
8856 SUBURBAN AUTO ELECTRIC, INC.
8857 SULLIVANS SERVICES, INC.
8858 SUPPLEE ENTERPRISES, INC.
8859 LORNA THOMAS
8860 CARRIE TIETZ
8861 TWIN CITY TESTING & ENGINEERING LAB.
8862 UNION OIL COMPANY OF CALIFORNIA
8863 VAN WATERS & ROGERS
8864 MARY WARREN
Zo"
WATER PRODUCTS COMPANY
XEROX CORPORATION
8867 NATIONAL REGISTRY OF EMERGENCY MEDICAL
8868 MINNESOTA VALLEY ELECTRIC
8869 TRAVIS ROCK & SAND
8870 COMMISSIONER OF REVENUE
8871 AARONS PLUMBING
8872 BRW
8873 STEPHEN CALHOON
8874 W.K. HORNIG
8875 PETTY CASH-PUBLIC SAFETY
8876 ASPHALT PAVING MATERIALS
8877 BARBAROSSA & SONS, INC.
8878 BROWN & CRIS, INC.
8879 BROWN & CRIS, INC.
8880 BROWN & CRIS, INC.
8881 BROWN & CRIS, INC.
8882 BROWN & CRIS, INC.
8883 BROWN & CRIS, INC.
8884 ENEBAK
8885 MENNEN CONSTRUCTION CO.
1 KENKO INC.
RICHARD KNUTSON, INC.
8888 THOMAS MONTGOMERY CONSTRUCTION
8889 NORTHDALE CONSTRUCTION CO.
8890 PITTSGUNY-DES MOINES CORPORATION
8591 PROGRESSIVE CONTRACTORS, INC.
Fuel
Service-Appraisal reports
Legal ads
Ads-Liquor Stores
Ads-Historical Cultural Commission
Book-Conmmnity Services
Equipment repair-Street Maintenance
Service
Supplies-Liquor Store/Preserve
Mileage
Service •
Tests-Water Dept.
Oil-Street Maintenance
Chlorine-Water Dept.
Refund-Aerobic Dancing
Equipment parts-Water Dept.
Service
Fee-Police Dept.
Service
Black dirt-Park Dept.
September Sales tax
Service-Park Dept. 121.3
Service-Mitchell Road & W. 78th Street, 11,022.3 1.
Schooner Blvd., Dell Road, TH #5 & W
78th Street, Anderson Lakes Parkway at
TH 169 signals,
Supplies-Community Services 8.00
Mileage 81.70
Expenses
Service-Eden Road 41,704.70
Service-Water Treatment Plant Addition 155,964.:::.
Service-Sunset Trails Estates 14,004.0
Service-Creekwood & Hidden Ponds Park 1,343.9:
Service-Rymarland Camp 2nd Addition 20,146.3 -
Service-Cardinal Creek Addition 50,898.9.
Service-Dell Road
Service-Valley View Road (Phase I) 15,239.7T
Service-Staring Lake Park & Red Rock Pk 65,986.c.
Service-Meadow Park, Valley View Road, 30,299.5:
Willow Creek Road & Flying Cloud Drive
Service-Sunnybrook Road 67,373.T'
Service-Valley Place Office Park
Service-Creekview Estates 35,246.0
Service-W 70th Street Utilities
Service-Elevated storage reservoir 78,516.r.
Service-Valley View Road (Phase II) 14,787.1'
Pa five
October 20, 1981
8892 PROGRESSIVE CONTRACTORS, INC: Service-Valley View Road
MFMOPANDUA
TO:
TIIRU:
FROM:
DATE:.
SUBJECT:
Mayor and City Council 4
Parks, Recreation and Natural Resources Commission
Robert A. Lambert, Director of Community Services
Charles J. Pappas, Community Center Manager
October 16, 1981
A Summer Hockey School at the Eden Prairie Community Center
The following information and recommendation has been brought to your attention,
for your consideration, to ensure the proper usage and payment to the City of
Eden Prairie.
A variety of Summer Hockey Schools arc offered around the metropolitan area ever
y
year. Each Hockey School negotiates a separate contract with each individual ri
n
k
in order to acquire the best price on hourly ice rental. In many cases the
negotiations begin with the Hockey School proposing six to ten weeks in order to
get a better deal on ice time. By the time the contract is signed, they still h
a
v
e
the negotiated rate but only want the ice for 2 or 3 weeks.
To eliminate this situation, staff, along with Mr. Pauly's law office, drafted
a
formal proposal form that would require a proposal bond to ensure that the prop
o
s
a
l
would, in fact, be the same terms as the final contract.
Five different Hockey Schools and/or individuals requested information sent to
t
h
e
m
for the opportunity to bid on a Summer Hockey School for 1982. Two were return
e
d
by the established deadline of October 14, 1981.
The two proposal forms returned were as follows:
ri - Brad Beutow School of Hockey
Dates of School: June 14, 19S2-Junc 25, 1982
Times of School: S a.m.-2:30 p.m., Monday thru Friday
Amount of Proposal: 60 hours total @ $60.00/hour = $3,600
Amount of Proposal Bond: . No proposal bond was submitted.
112 - Minnesota Hockey Schools, Inc.
Dates of School: June 21, 1982-June 25, 1982
June 2S, 1952-August 13, 1982
Times of School: 8 a.m.-12:1S p.m., Monday thili Friday
8 a.m.-12:45 p.m., Monday thru Friday
Arount of Proposal: 158 3/4 hours total 0 $55.00/hour = $8,731.25
Amount of Propusal Bond: $440.00
Staff recemalends Minnesota Hockey Schools, Inc. for the operation of a Summer Ho
c
k
e
y
School at the Eden Prairie Community Center for the summer of 1982, 158 3/4 hour
s
a
t
$55.00/hour for a total of $3,751.25.
„HO
MEMORANDUM
TO: Mayor and City Council
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Servicer -r50-.'
DATE: October 15, 1981
SUBJECT: Authorize Staff to Negotiate a Trail Easement with Hennepin
County Vo-Tech
The City is presently in the process of developing Staring Lake Park, a
153 acre City Park. This park is generally a passive picnic area over-
looking Staring Lake. One of the unique features of this park is that
the City has obtained nearly all of the shoreline around this 160 acre
lake. The only exceptions are parcels owned by Metropolitan Airports
Commission and by Hennepin County. Vo-Tech Schools. The Metropolitan
Airports Commission has approved a trail easement over their property
and City staff have discussed the posssibility of a trail easement over
Hennepin County Vo-Tech property to complete the connection of a hard
surface trail around Staring Lake. With this connection a bicycle/pedestrain
trail of slightly over two miles would be possible.
On October 14, 1981, staff met with staff from Hennepin County Vo-Tech to
discuss a possible trail easement. They indicated that the Hennepin County
Vo-Tech Board had approved in concept this trail easement. However, they
had a number of concerns regarding liability, supervision of the trail to
prevent motorized vehicles on their property, and a concern with the horse
trail.
After the recent experience the City has had with horses running all over
freshly seeded property in Staring Lake Park, City staff has a difficult time
assuring. Hennepin County Vu-Tech representatives that horses will not be
a problem on their property. We have indicated that a park ranger will be
patrolling this park on weekends in the spring and fall, as well as every
afternoon and evening of the summer months.
City staff have suggested that the Vo-Tech use some of their students in
the development of the trail and allowing \'o-lech staff to establish the
location of the trail on their property. They have indicated that students
could do some of the work; however, timing of that project with the students
timetable in school may be difficult.
At this time, City staff requests the City Council to approve negotiating
a trail easement across Hennepin County Vo-Tech property for the purpose
of completing the connection around Staring Lake. Staff will bring back
a trail easement agreement for Council approval after both parties have
approved the language.
BL:md
230
MEMORANDUM
TO:
11IRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Parks, Recreation and Natural Resources Commission
Carl Jullie, City Manager
Bob Lambert, Director of Community Service(
October 14, 1981
Hiring Architectural Firm for Staring Lake Park Shelter
& Providing a Design for a Neighborhood Park Shelter with
Four Variations
The Eden Prairie City Council authorized staff to advertise for
a
r
c
h
i
t
e
c
t
s
to provide proposals on designing a park shelter for Staring Lak
e
P
a
r
k
ans a design for a neigborhood park shelter with four variations
t
h
a
t
w
o
u
l
d
be used in five neighborhood parks.
Fifteen architectural firms requested information on the progra
m
.
T
e
n
architectural firms submitted proposals. Based on the bids subm
i
t
t
e
d
i
n
these proposals, as well as the experience of the firms in desi
g
n
i
n
g
park shelters, six of the firms were requested to provide addit
i
o
n
a
l
i
n
f
o
r
m
-
ation specific to the projects. After reviewing this informatio
n
,
s
t
a
f
f
interviewed the following three firms: Inter Design, McGuire-C
o
u
r
t
e
a
u
-
L
u
c
k
e
Architects and Schwartz/Weber Architects.
The fees proposed by the ten architectural firms submitting pro
p
o
s
a
l
s
r
a
n
g
e
d
from $11,500 to $3,000 for the Staring Lake project and from $1
1
,
9
6
0
p
l
u
s
$3,930 per contract let to a low of $3,300 for the basic design
w
i
t
h
f
o
u
r
variations and $900 for construction documents an construction
s
u
p
e
r
v
i
s
i
o
n
for each contract let. The following is a list of each of the
a
r
c
h
i
t
e
c
t
u
a
l
firms with their proposed fees and the number of days it would
t
a
k
e
t
h
a
t
f
i
r
m
to provide bid documents on the project.
Staring Lake Neighborhood Park Shelter
Architect Fee Days Fee Bid & Const. Fee Days
The Adams Group, Inc.
Smiley Glottcr
Lindberg Pierce, Inc.
Inter Design
H. W. Fridlund
Schwartz/Weber Architects
Design Consortium
MCL
Hokanson
$8,980
$11,500
$6,924
$6,00
$6,500
$5,000
$5,000
$6,000
$3,000
75
55
45
50
90
90
40
30
90
$11,960
$10,600
$7,095
$11,700
$6,000
$6,000
$5,000
$5,000
$3,300
$3,930
$3,300
$1,345
$1,500
$3,000
$2,200
$2,000
$1,500
$900
75
55
45
SO
90
90
40
30
120
The majority of the architectural firms had little or no experie
n
c
e
i
n
d
e
s
i
g
n
i
n
g
park shelters of the scale the City is proposing. Schwartz/Webe
r
A
r
c
h
i
t
e
c
t
s
have designed several of these park buildings in Richfield and B
l
o
o
m
i
n
g
t
o
n
,
a
s
well as a number of related types of facilities (recreation buil
d
i
n
g
s
,
s
e
n
i
o
r
centers, etc.), The staff at Richfield have been very happy wit
h
t
h
e
p
e
r
f
o
r
m
a
n
c
e
2335
This request will go before the Parks, Recreation and Natural Resources Commission
on October 19, 1981 and the City Council on October 20, 1981.
I3L:md
-2-
of this architectural firm onehighly recommended them for this type of project.
The McCuire-Courteau-Lucke firm have designed several park shelters and
recreation centers for the City of St. Paul. However, the person that would
be assigned to this project has had no experience designing park shelters.
Robert Lambert, Inter, Design, has had experience designing park shelters for
the City of Apple Valley and St. Louis Park, as well as several related types
of projects.
After interviewing each of the architects that would be involved in the project
and discussing their approach to the project, staff would recommend the architect-
ural firm of Schwartz/Weber Architects for the design of both projects.
Staff would recommend that the City Council authorize entering into a contract
with Schwartz/Weber Architects to allow bidding for the Staring Lake Park Shelter
and the Red Rock Neighborhood Park Shelter in February of 1982.
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Parks, Recreation and Natural Resources Commission
Carl Jullie, City Manager
Bob Lambert, Director of Community Servicesl)
October 15, 1981
First Reading of Ordinance Regulating Bikeways
Attached is a draft of an ordinance regulating the use of bikeways within
the City of Eden Prairie. This ordinance would restrict the use of bikeways
to pedestrains and bicycles and would specifically not allow horses or
motorized vehicles to use these paths with the exception of maintenance and
police vehicles.
Violation of this ordinance would be a petty misdemeanor, which. means the
violator would be subject to a fine rather than having to go to court.
City staff has reviewed this ordinance and recommends the City Council give
the first reading of this ordinance on October 20, 1981.
BL:md
2'H
HENNEPIN COUNTY, M:...;.!...U1A
Ordinance No. 81-23
AN ORDINANCE DESIGNATING AND REGULATING BIC
Y
C
L
E
W
A
Y
S
WITHIN THE CITY OF EDEN PRAIRIE
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRI
E
D
O
E
S
O
R
D
A
I
N
A
S
FOLLOWS:
Section 1. Definitions. For the purposes of this ordi
n
a
n
c
e
,
the following terms shall have the following
m
e
a
n
i
n
g
s
:
a. City means the City of Eden Prairie.
b. Bicycle Way or Bicycle Ways are those desi
g
n
a
t
e
d
p
u
r
s
u
a
n
t
to Section 2 hereof.
C. Motor vehicle means e”ery vehicle whic
h
i
s
s
e
l
f
-
p
r
o
p
e
l
l
e
d
.
Motor vehicle does not include a vehicle mov
e
d
s
o
l
e
l
y
b
y
human power.
Section 2. All public sidewalks, trails and
p
a
t
h
s
,
o
r
p
a
r
t
s
thereof, within the City, having an improv
e
d
s
u
r
f
a
c
e
o
f
c
o
n
c
r
e
t
e
,
blacktop, bituminous or similar material,
b
u
t
e
x
c
l
u
d
i
n
g
t
h
e
r
e
f
r
o
m
all streets, roads and highways, are hereby desi
g
n
a
t
e
d
b
i
c
y
c
l
e
ways pursuant to Minnesota Statutes 9160.263
.
Section 3. The Director of Community Servi
c
e
s
s
h
a
l
l
d
e
s
i
g
n
a
t
e
and maintain all bicycle ways by appropriat
e
s
i
g
n
s
a
n
d
m
a
r
k
i
n
g
s
.
Section 4. No person shall operate a moto
r
v
e
h
i
c
l
e
o
r
r
i
d
e
a horse or other animal on or over the impr
o
v
e
d
s
u
r
f
a
c
e
o
f
a
bicycle way within the City, except when c
r
o
s
s
i
n
g
t
h
e
s
a
m
e
a
n
d
except members, employees, or agents of the
C
i
t
y
w
h
i
l
e
a
c
t
i
n
g
as a peace officer or maintaining a bicycle
w
a
y
.
Nothing herein shall limit the use of bicyc
l
e
w
a
y
s
f
o
r
p
e
d
e
s
t
r
i
a
n
access or travel.
Section 5. Any person who violates or fails to com
p
l
y
w
i
t
h
a
n
y
p
r
o
v
i
s
i
o
n
s
of this ordinance shall be guilty of a petty misdemean
o
r
.
FIRST READ at a regular meeting of the City Council of
the City of Eden Prairie on the day of
1981, and finally read and adopted and ord
e
r
e
d
p
u
b
l
i
s
h
e
d
at a
regular meeting of the City Council of sai
d
C
i
t
y
o
n
t
h
e
day
of , 1981.
ATTEST:
Wol g:rnig H. Penzei, Mayor
2339
MINNENOTA MISCI:11.10(VOUS ACTS
Additionally a person who is the owner of a private motor vehicle, or
the driver of the motor vehicle if the owner is not present, and who
possesses on his person or knowingly keeps or allows to be kept in a
motor vehicle within the area of the vehicle normally occupied by the
driver or passengers more than .05 ounce of marijuana is guilty of a
misdemeanor. This area of the vehicle shall not include the trunk of the
motor vehicle when such vehicle is equipped with a trunk or another
area of the vehicle not normally occupied by the driver or passengers if
the vehicle is not equipped with a trunk. A utility or glove compartment
shall be deemed to be within the area occupied by the driver and
passengers.
(6) In any case in which a defendant is convicted of a petty
misdemeanor under the provisions of clause (5) and willfully and in-
tentionally fails to comply with the sentence imposed, said defendant
shall be guilty of a misdemeanor.
(7) Compliance with the terms of any sentence imposed for
violation of clause (5) before conviction under clause 161 shall be an
absolute defense.
160.263 BICYCLE LANES AND WAYS. Subdivision
I. Definitions. As used in this section, "bicycle lane" means that
portion of a roadway set aside by the governing body of a political
subdivision having jurisdiction over the roadway for the exclusive use of
bicycles or other vehicles propelled by human power and so designated
by appropriate signs and markings: and "bicycle way" means any path
or sidewalk or portion thereof designated for the use of bicycles or other
vehicles propelled by human power by the governing body of a political
subdivision.
Subd. 2. Powers of political subdivisions. The governing body of
any political subdivision may by ordinance:
(a) Designate any roadway or portion thereof under its jurisdiction
as a bicycle lane. —
(b) Designate any sidewalk or nor(jon thereof undel__jLs_k_Laltclir--, ion
as a bicvcie_ wax_peovided that the designeljan does not destroy a
ina.way-oc.prxles.trjp.r.j.„aCCess-
Subd. 3. Designation of lane. A governing body designating a
sidewalk or portion thereof as a bicycle way, or a highway or portion
thereof as a bicycle lane under this section may:
(a) Designate the type and char.arder of vehjeles or other_mosles...0L,
-1-taveLavhich.illay„be op_Lrated on a lacyclr—laue.or bicyde._way, provided
that the operation of suarCelale . or other mode of travel is not in-
consistent with the safe use and enjoyment of the bicycle lane or bicycle
way by bicycle traffic.
(b) Establish priority of right-of-way on the bicycle lane or bicycle
way and otherwise regulate the use of the bicycle lane or bicycle way as
it deems necessary.
(c) Paint lines or construct curbs or establish other physical
separations to exclude the use of the bicycle lane or bicycle way by
vehicles other than those specifically permitted to operate thereon.
164
aati°
NI I NNESOTA ISO:LIAM:011S ACTS
The designating governing body may, after public hearing. prohibit
through traffic on any highway or portion thereof designated as a
bicycle lane, except that through traffic may not be prohibited on a
trunk highway. The designating governing body shall erect and maintain
official signs giving notice of the regulations and priorities established
under this subdivision, and shall mark all bicycle lanes and bicycle ways
with appropriate signs.
Subd. 4. Speed on street with bicycle lane. Notwithstanding
section 169.14, subdivision 5. the governing body of any political sub-
division, by resolution or ordinance and without an engineering, or traffic
investigation, may designate a safe speed for any street or highway
under its authority upon which it has established a bicycle lane;
provided that such safe speed shall not be lower than 25 miles per hour.
The ordinance or resolution designating a safe speed is effective when
appropriate signs e.-tsignating the speed are erected along the street or
highway, as provided by the governing body.
1-602i ,t 7 PARTICULAR USES OF RIGHT OF W
.ANORS. Subd. 5. Misdemeanors. Except for the options
of the roatt, authorities, their agents, employees, contractog. and
utilities in ca ving out their duties imposed by law or conyirct, and
except as herein rovided, it shall be unlawful to:
(1) Obstruct highway;
(2) Plow or perfqrm any other detrimental op,o4tion within the
road right of way except., in the preparation of thyland for planting a
perennial hay crop, and th harvesting of said cro,,
(3) Erect a fence on ti right of way of-4 trunk highway, county
state-aid highway or county hi iway, exec. to erect a lane fence to the
ends of a livestock pass;
(4) Dig any holes in any high
(5) Remove any earth, gravejAr\ock from any highway;
(6) Obstruct any ditch drarning an),,highway or drain any noisome
materials into any ditch;
(7) Place or maintanyfiny building or satketure within the limits of
any highway;
(8) Place or majzflain any advertisement within the limits of any
highway;
(9) Paint, prfnt, place, or affix any advertisemek or any object
( within the limit of any highway;
(HA Der e, mar, damage, or tamper with any struetore, work,
material, equipment, tools, signs, markers, signals, paving, gbikrd-rails,
drains, or Ay other highway appurtenance on or along any highw y; /
111) ternove, injure, displace, or destroy right of way rnarke
referen i or witness monuments, or markers placed to preserve sect
or qi? -ter section corners:
2) Improperly place or fail to place warning signs and detour sy rs as provided by law;
TO: Mayor and City Council
FROM: Eugene A. Dietz, Director of Public Works
THROUGH: Carl Jullie, City Manager
DATE:
October 15, 1981
RE:
Bids for Autumn Woods, Phase I Improvements
I.C. 52-016 A
Bids are being opened on October 20th for this project. The results will be
tabulated and a recommendation will be provided for consideration at the
meeting that same evening. The tight scheduling was necessitated due to
the requirements for bidding procedures and the developer's desire to proceed
with construction in 1981.
EAD:sg
October 20, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-210
BE IT RESOLVED that the City of Eden Prairie enter into an
agreement with the State of Minnesota, Department of Transportation, for
the following purposes, to wit:
To reimburse MN/DOT for the costs of relocation and
protection of City water utilites associated with the
reconstruction of T.H. 169 in the vicinity of the
Hennepin County Vocational Technical School Entrance.
All as contained in agreement No. 60579.
BE IT FURTHER RESOLVED that the proper City officers are
hereby are authorized to execute such agreement, and thereby assume for and
on behalf of the City all of the contractual obligations contained therein.
ADOPTED by the Eden Prairie City Council on
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
.23112
TO:
FROM:
THROUGH:
DATE:
RE:
MEMO
Mayor and City Council /2
Eugene A. Dietz, Director of Public Works i:•)c
(
Carl Jullie, City Manager
October 15, 1981
Agreement With MN/DOT For Watermain Improvement
This agreement is a supplement to vhe cost sharing agreement which has
already been executed for the channelization project at T.H. 169 and the
Vo-Tech intersection. Based on the existing conditions, it will be necessary
to relocate approximately three fire hydrants and adjust some valve boxes
as well as insulate a 16" watermain which will not have adequate cover for
frost protection after the project is complete. The agreement specifies
that these costs will be paid for by the City of Eden Prairie and will amount
to approximately $5,000.00. This cost includes the proportionate share of
administrative costs that will be incurred by MN/DOT as well. Execution
of the agreement will relieve the City from having to perform the work with
a separate contractor at prices which would probably be higher as compared
to being combined with a larger project such as proposed by MN/DOT. I
therefore recommend that the resolution approving the agreement be passed.
EAD:sg
Ogg
S.P. 2744-32 (T.H. 169=5) Hennepin County
T.H. 169 from 200 feet S. of Creek Knoll
Road to 200 feet S. of Research Road in
Eden Prairie
City of Eden Prairie
Agreement No. 60579
AGENCY AGREEMENT
ARTICLE I - PREAMBLE
THIS AGREEMENT made by and between the State of Minnesota, acting by and
through its Commissioner of Transportation, hereinafter referred to as the "State" and the
City of Eden Prairie, hereinafter referred to as the "Utility".
WITNESSETH THAT:
WHEREAS, the State is preparing plans and specifications and proposes to let a
contract for the construction of Trunk Highway 169 from 200 feet South of Creek Knoll
Road to 200 feet South of Research Road in Eden Prairie, said project being identified in
the rccords of the State as S.P. 2744-32; and
WHEREAS, the Utility's 16 inch water main, hydrants and water valve boxes
require protection, adjustment, relocation and/or removal; and
WHEREAS, the Utility is not staffed or equipped to perform such construction
at this time, and a separate contract to be let by the Utility for the above listed
protection, adjustment, relocation and/or removal would result in interference with the
operations of the State's Contractor and would not be in the best interest of the State, the
Utility has requested that the Commissioner of Transportation act as its agent for the
purpose of performing said work items; and
We
PLI
Agreement No. 60579
WHEREAS, the Commissioner has determined that including said work items in
the State's construction contract would eliminate possible duplication of services and
would facilitate coordination of activities so as to generally simplify and expedite the
supervision and construction of the trunk highway construction project and would be in the
best interest of the State; and
WHEREAS, State law requires a written Agreement between the State and the
Utility setting forth their separate responsibilities in accomplishing the Agency .con-
struction work:
NOW, THEREFORE, IT IS AGREED:
ARTICLE 11- AGENCY APPOINTMENT AND CONSTRUCTION PLANS
Pursuant to Minnesota Statutes 161.45, Subdivision 2, the Utility in connection
with the construction of the aforesaid portion of Trunk Highway 169 does hereby appoint
the Commissioner of Transportation as its agent to prepare final plans and specifications,
to advertise for bids, to award the contract and to protect, adjust, relocate and/or remove
the work items as identified in attached Exhibits "A" and "B" and in accordance with plans
and specifications designated as State Project 2744-32 which are on file in the office of
the Commissioner of Transportation at Saint Paul, Minnesota, and in the office of the
Utility at Eden Prairie, Minnesota. Said plans and specifications are made a part hereof,
with the same force and effect as though fully set forth herein.
ARTICLE 111- AGENCY CONSTRUCTION
The construction of said work items identified in attached Exhibits "A" and "B"
shall be under the supervision and direction of the State, but the work may be inspected
periodically by the Utility's authorized representative. If the Utility, after the work has
been completed, believes said work items have not been properly constructed or that the
work is defective, the Utility shall inform the State's Project Engineer in writing of such
-2-
.3115
Agreement No. 60579
defects. Any recommendations made by the Utility regarding the Agency work performed
under this Agreement are not binding on the State.' The State shall have the exclusive
right to determine whether the Agency work has been satisfactorily performed by the
State's contractor. All work shall be performed in substantial accordance with the
approved plans. The State's Project Engineer shall make a final inspection with an
Engineer designated by the Utility, and the State shall advise the Utility in writing when it
has accepted the work items as completed.
When the State accepts the Utility's herein specified work items, it shall
become the property of the Utility. Risk of loss of partial or complete specified Utility
work items and appurtenances shall be on the State's contractor or the Utility as provided
in Standard Specification 1716, Minnesota Department of Transportation Standard
Specifications for Highway Construction, dated January 1, 1978. Subsequent maintenance
and use of said specified Utility work items and appurtenances thereto shall be performed
by the Utility without cost or expense to the State.
ARTICLE IV - AGENCY PAYMENT
The actual cost of said installation shall be determined on a contract unit price
basis. The Utility hereby authorizes the Commissioner, as its agent to pay the State's
contractor directly for said construction.
The Utility shall pay to the State all costs incurred by the State in the
construction of the specified work items. In addition to said construction costs, the
Utility also agrees to pay to the State a sum equal to 4.0 percent of the contract unit
price, it being understood that said additional payment by the Utility is the Utility's share
of the construction engineering costs incurred by the State in connection with the work
performed hereunder. Also, the Utility agrees to pay to the State a sum equal to 1.0
percent of the contract unit Kice for the engineering design costs incurred by the State in
-3-
23q6
Agreement No. 60519
connection with the work performed hereunder and a prorat
e
d
s
h
a
r
e
o
f
t
h
e
m
o
b
i
l
i
z
a
t
i
o
n
cost, presently estimated to be 4.0%. Actual mobilization pe
r
c
e
n
t
w
i
l
l
b
e
a
p
p
l
i
e
d
i
n
f
i
n
a
l
billing to the Utility.
It is estimated that said cost of the Utility's share of the wo
r
k
h
e
r
e
u
n
d
e
r
,
mobilization costs and said 5.0 percent engineering costs incurred by the State in
connection therewith will be approximately Four Thousand N
i
n
e
H
u
n
d
r
e
d
S
e
v
e
n
t
y
T
w
o
a
n
d
58/100 Dollars ($4,972.58). It is contemplated that all of said w
o
r
k
a
s
p
r
o
v
i
d
e
d
f
o
r
i
n
s
a
i
d
plans, specifications and special provisions in the aforesaid c
o
n
s
t
r
u
c
t
i
o
n
o
f
T
r
u
n
k
H
i
g
h
w
a
y
169 is to be done by contract basis. If the Utility does not app
r
o
v
e
o
f
t
h
e
u
n
i
t
p
r
i
c
e
s
b
i
d
by the State's ,Contractor, the State will, at the Utility's written reques
t
,
d
e
l
e
t
e
t
h
e
specified work items from its work in accordance with Sta
n
d
a
r
d
S
p
e
c
i
f
i
c
a
t
i
o
n
1
4
0
2
,
Minnesota Department of Transportation Standard Specificati
o
n
s
f
o
r
H
i
g
h
w
a
y
C
o
n
s
t
r
u
c
-
tion, 1978 Edition. Prompt relocation of any delettecl work
i
t
e
m
s
s
h
a
l
l
b
e
m
a
d
e
b
y
t
h
e
Utility.
ARTICLE V - PLANS AND ESTIMATES
Attached hereto, marked Exhibit "A" and made a part her
e
o
f
,
a
r
e
c
o
m
p
r
e
-
hensive and detailed plans for the Agency Work. Also attach
e
d
,
m
a
r
k
e
d
E
x
h
i
b
i
t
"
B
"
a
n
d
made a part hereof is the Estimate of Costs for the Agency
p
o
r
t
i
o
n
o
f
t
h
e
S
t
a
t
e
P
r
o
j
e
c
t
.
The Agency work will be constructed in accordance with Exh
i
b
i
t
"
A
"
.
ARTICLE VI - FUTURE MAINTENANCE
. Upon completion of construction, the Utility shall ther
e
a
f
t
e
r
m
a
i
n
t
a
i
n
t
h
e
specified work items and appurtenances at its own expense.
S
h
o
u
l
d
a
n
y
s
u
c
h
m
a
i
n
t
e
n
a
n
c
e
require work on trunk highway right-of-way, the Utility sha
l
l
f
i
r
s
t
o
b
t
a
i
n
a
w
r
i
t
t
e
n
p
e
r
m
i
t
from the proper authority, which application shall be acted u
p
o
n
p
r
o
m
p
t
l
y
a
n
d
s
h
a
l
l
n
o
t
b
e
unreasonably refused. Said permit shall contain reasonabl
e
r
e
g
u
l
a
t
i
o
n
s
r
e
l
a
t
i
n
g
t
o
s
u
c
h
-4-
Olp
2o 1
g 3 (I t
Agreement No. 60579
maintenance. The Utility may open and disturb the surface of the
t
r
u
n
k
h
i
g
h
w
a
y
r
i
g
h
t
-
o
f
,
way without a permit only where an emergency exists that is
d
a
n
g
e
r
o
u
s
t
o
t
h
e
l
i
f
e
o
r
safety of the public and requires immediate repair. The Utility
u
p
o
n
k
n
o
w
l
e
d
g
e
o
f
s
u
c
h
emergency, shall immediately notify the State Highway Patrol.
The Utility shall take all
necessary and reasonable safety measures to protect the tra
v
e
l
i
n
g
p
u
b
l
i
c
,
a
n
d
s
h
a
l
l
cooperate fully with the Highway Patrol to that end. The Ut
i
l
i
t
y
i
n
s
u
c
h
e
v
e
n
t
s
h
a
l
l
request a permit from the proper authority not later than t
h
e
s
e
c
o
n
d
w
o
r
k
i
n
g
d
a
y
thereafter.
ARTICLE VII - MISCELLANEOUS
Within 90 days upon completion of the relocation herein describ
e
d
,
t
h
e
U
t
i
l
i
t
y
shall submit to the State's Utilities Engineer five copies of a pe
r
m
i
t
a
p
p
l
i
c
a
t
i
o
n
,
i
n
c
l
u
d
i
n
g
as built" sketches, for all facilities within highway right of way.
If the Utility elects to delete the specified work items from th
e
S
t
a
t
e
'
s
w
o
r
k
,
the Utility does hereby agree to pay to the State the aforesaid "D
e
s
i
g
n
E
n
g
i
n
e
e
r
i
n
g
"
c
o
s
t
s
.
The Utility indemnifies, saves and holds harmless the State a
n
d
a
l
l
o
f
i
t
s
a
g
e
n
t
s
a
n
d
employees of and from any claims, demands, actions or causes
o
f
a
c
t
i
o
n
o
f
w
h
a
t
s
o
e
v
e
r
nature or character arising out of or by reason of the deletion of t
h
e
s
p
e
c
i
f
i
e
d
w
o
r
k
i
t
e
m
s
and further agrees to defend at its own sole cost and expense a
n
y
a
c
t
i
o
n
o
r
p
r
o
c
e
e
d
i
n
g
commenced for the purpose of asserting any claim of whats
o
e
v
e
r
c
h
a
r
a
c
t
e
r
a
r
i
s
i
n
g
hereunder by virtue of the deletion of the specified work items.
The Utility agrees to advance to the Commissioner of Transporta
t
i
o
n
s
a
i
d
s
u
m
of Four Thousand Nine Hundred Seventy Two and 5S/100 Doll
a
r
s
(
$
4
,
9
7
2
.
5
8
)
f
o
r
t
h
w
i
t
h
upon the awarding of the construction contract and upon rece
i
p
t
o
f
a
r
e
q
u
e
s
t
f
r
o
m
t
h
e
-5-
Agreement No. 60579
State for such payment. Upon completion and acceptance of the work provided for in said
contract by the State, and the preparation by the State of a final computation determining
the amount due the contractor performing the work, the Commissioner shall determine
and compute the amount due the Trunk Highway Fund of the State of Minnesota hereunder
from the Utility. After the Commissioner has determined as aforesaid the actual amount
due from the Utility, he shall apply on the payment thereof as much as may be necessary
Of Four Thousand Nine Hundred seventy Two and 58/100 Dollars ($4,972.58) then, and in
that event, the balance of said sum shall be returned to the Utility without interest. If
the amount so found due from the Utility shall exceed the sum of Four Thousand Nine
Hundred Seventy Two and 58/100 Dollars (4,972.58) the Utility agrees to promptly pay
the State the difference between the said amount due and said sum of Four Thousand Nine
Hundred Seventy Two and 58/100 Dollars ($4,972.58).
It is further agreed that the aforesaid computation and determination by the
Commissioner of Transportation of the amount due from the Utility hereunder shall be
final, binding and conclusive. It is further agreed that the acceptance by the State of the
aforesaid completed work provided for in said plans, specifications and special provisions
to be performed under contract as aforesaid shall be final, binding and conclusive upon the
Utility as to the satisfactory completion of said work.
-6-
0/9
STATE OF MINNESOTA
Commissioner of Transportation
Director
Right of way Operations
Approved:
Commissioner of Administration
By
Authorized Signature
5.p. 2744-32 (T.1-1.169=5)
County_l
Mn. Proj.
Agreement No. 6957 —
IN TESTIMONY WHEREOF, the parties have duly executed
t
h
i
s
a
g
r
e
e
m
e
n
t
b
y
their duly authorized officers and caused their respective sea
l
s
t
o
b
e
h
e
r
e
u
n
t
o
a
f
f
i
x
e
d
.
(CITY SEAL)
Counter-signed
Approved as to Legality:
CITY OF EDEN PRAIRIE
By
By
City Clerk
DEPARTMENT OF TRANSPORTATION
Recommended for Approval:
District Engineer
Utilities Engineer
Approved as to form and execution:
Special Assistant Attorney General
State of Minnesota
STATE OF MINNESOTA
) ss
COUNTY OF RAMSEY
On this
day of , 19
, to me known to be the
, before me personally appeared
Director of Right of Way
Operations, acting for the Commissioner of Transportation of
t
h
e
S
t
a
t
e
o
f
M
i
n
n
e
s
o
t
a
,
a
n
d
the person who executed the foregoing instrument in behalf of
t
h
e
S
t
a
t
e
o
f
M
i
n
n
e
s
o
t
a
,
a
n
d
the Commissioner of Transportation, and acknowledged that h
e
e
x
e
c
u
t
e
d
the same as the
free act and deed of the State of Minnesota.
.co
S.P. 2744-32
City of Eden Prairie
Agency Agreement No. 60579
Trunk Highway 169
ESTIMATE
Item No. Description Quantity Est. Unit Amount
Price
0504.602 (4))
0504.602 (46)
0504.602 (47)
0504.602 (48)
0504.605 (49)
1 $ 400.00 $ 400.00
6 $ 75.00 $ 450.00
1 $ 300.00 $ 300.00
3 $ 900.00 $ 2,700.00
89 $ 8.00 $ 712.00
Remove Hydrant
Adjust VAlve Box - Water
Adjust Hydrant and Valve
Relocate Hydrant and Valve
2 inch Insulation, sq. yd.
Design Cost
Supervision and inspection
Mobilization
Subtotal $ 4,562.00
1% = $ 45.62
4% = $ 182.48
4% = $ 182.48
$ 410.58 410.58
Total Estimate $ 4,972.58
EXHIBIT "B"
2351
AGR.6 0 5 7 cj
D(Fi IB
•— • • ! . . . . . . . . . . .
: • ' I
: .!!
19‹
J.' • „ „ a 7 1 " . . t I:1.E ;VI P;t4 Co:nrrt" —„ f !.1.1L TEcKNIcitt. SCHOOL SEwEk XTAa. AT K 1.1 Lt ST?. 2441 • k•"\A•N I .—t 29. CONC •••••• • 7.;.7 — - .V\. ke . •" ``. Co • I 1:4" • • 3 r • On .0 • • — — 1-11 •.• ••• • •••3 • 11,1 '?'7 . I ••••••-. ••••• TOPOGRAPHY ShEET 5Th Z3u.00 - 3)24.30 IState Nei. N..27,.,4 -32 al, Site.' Ns. 15 .1 4.1, Sn•••••
E F $.• C U T Y V C A7 I CLN AL 7 SICHN!CAL SCHOOL .TOPOGRArtiY SHEET STA..202,CP — 3t7HYC 1 ISHis Pcej. He. She.. Ne. 11 I; I