HomeMy WebLinkAboutCity Council - 12/15/1981 E0EN PRAIRIE CITY COUNCIL
;" DI.CE!•1i ER 15,'1981 7:30 PM, CITY MALL
tiENlIERS: till i'ta•yor Wolfgang uel, y,
Ld;trom, Paul RedhathPcn a CoGeorged George Bentl TangcnDean
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C2U'':11. STAFF: City Manager Carl Jullie; City Attorney Roger
Pauly; Finance Director John Franc; Planning
Director Chris Enger; Director of Community
e Services Bob Lambert; Director of Public Worie
Eugene A. Dietz, and Recording Secretary Kw.,
chael
INVOC;,IIOh: Mayor Wolfgang II. Penzel
PLEDGE OF ALLEGIANCE
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LGLI. CALL
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I, APi'i:O!'AL OF AGENDA AND OTHER ITiMS OF BDSINESS
11. h';I,°lll?FS -
A. Minutes of the S,necial City Council Meeting held Tuesday, November 10, Page 261i1
1981
r B. Minutes of the Canvassing Board mceting_held Tuesday, kovember_17, Page 2(t
4.
•1 sic 1
C. Minutes of the Regular City Council Meeting held Tuesday, November 17, page 26 !:
1981
D. Minutes of the Regular City Council Meeting held Tuesday, December I,_ Page 261,
idbl
CO^,SI NT CALENDAR
A. Clerk's License List • page 266I
'B. 2nd Readirg_of Ord•in_.nce No, 81-17, rezoning approximately 10 acres Page 26Gd
ire c R1-13 5 to lilt 6.1) (doole_xe ) for Overlook Place (pioneer Trail
el•eek Knoll foadL—bv HHutad Dowloi _ire eorl_ acion and level or''s
agreement — — — —C. Pod I'e -tdiingg of Ordinance No. 81-27, rezoning from Rural to Publie_for Page 2Cf •
1!0•Kdllc1`/ tis,t Church (test_ f i1vino Cloud l'rivc ` t_ruthof Shatty_
D. 2nd Reading of Ordinance No. Sl_2G, r zot ingfrom Rural to Regional Page
Ccc ,erci i1 Boulez for Kentucky Fried (.IticLen test of 169 south
of Hardee'_ t,y Ito•ircria Citchens and developer's anrrcnent.
E. 2nd bending of I) dinince Na. Bl••21 rezoning R acic > from floral to Page 2/i%
hf', / ', per,con'_tru airn of 2 kill Nino for aLoth of I cc noun-imtcas
foi .frcerve (.rui IL.ui i ir. (. ii.h ai A_ciur5 o i l ^I,c P,crkt;w n r,i: 1 of
Preserve hied._hy I i r ic'- Idtes t:oii_ocdt_ion ind—dot l�mi— .A;eerment
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Cii :,Heil Agenda - 2 - Tues.,December 15, 1981
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F. Final_plat. aj rovol for Eden Glen 2nd Addition (pelaria's Kentucky Page 2721
Fried Chicken Resolution No. 81-244
G. SunRy rook Road Improvement_, Change Order No. 1, I.C. 51-381 Page 2724
(Sunuuybrook Road east of Homeward Ili I is Road).-
II. Round Lake Area Utilities, Change Order No. 1, I.C. 51-315 & Page 2726 I.
I. C. 51-351 (crest or Round Lake, north of 111 5) -
I. Receive petition for sewer and water innrovc:ments on Kilmer Avenue Page 2729 •
at Atherton and authorize the preparation of a feasibility report,
1.C. 52-013 ZResolution No.81-245-)
J. Set Public. Hearing to consider vacation of West 72nd Street between Page 2731
• CSAii 4 and Duck Lake 'load for January 19, 198?at 7:30 P11
K. Agreement between Cites of Eden Prairie/Chicago & Northwestern Railroad/ Page 2732.
tin/DOT for installi+tiion of railroad signals at Riley L,de Road
-{Resolution No. 81-246)
L.2nd Reading of Ordinance No. 81-11, rezoning from Rural to RM 6.5 Page 2747 1
for-TA—tiff's Last"south of Co. Rd.1 and west of Franlo !load) by
Ilustad Development Corporation and developer's agreement
M. Final approval for Municipal Industrial Deve.lojment Bonds in the Page 2764 1
amnnit of S(�9J 3b0 Resolution No.s1-247 and .142,570 Resolution I
Ll'to £il 248) for Volunteers of America !
final approval for Municipal Industrial Development Bonds in the Pa e 2765
7,,-/
amount of S242 240 (Resolution No. 81-249_and 548,450(Resolution g
1
No. 81-2.56) for Town & Country (.-aim Service
O. final approval for Municipal IndustrialrDevelopment Bends in _the Page 276' i
amount of-3•la 420 (Rrsolution Nu. 81-251) and S62 884 Resolution I
No 81-252) for-Spencer Dean, Sr. •
r•\•• PUBLIC IIEARINGS t
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A. Reconvene Public Hearing for Westwood Industrial Part: and adiac.ent Page 2767 I
area improvementsand authorize pr_par rtion of glans and'specifications,
1. C. 5'2 015 (~anti of Co. Rd. 6/, rest of Raker Road, Continued •
from December 1, 1981 (llesolat.imu No. 31-237)-
B. •SEL_Office/War_ehouse by SGI , Inc_ Request to rezone from Rural to Page 2770
1-5 and preliminary plat ap,noniniair lv 8.3 acres for construction of
an office warehouse builuing. Ineated south of Eaton Charlynn and
north of Lang Prairie United Methodist Church (Ordinance No. 81-31
and Resolution No. 81-241)
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:i1 Agenda . - 3 - Tues.,December 15, 1981
( ,:':.PORTS OF ADVISORY COMMISSIONS
VI. R1'k[NT OF CLAIMS Page 2776
VII. P11ITIONS, REQUESTS & COMMUNICATIONS
' A. tinder-Care Learning Center by Kinder-Care learning Centers_ Request Page 2781
for site }Clan_amendment to locate a I inder_CareLearning Center in an
Officc District. Located north of TH i.) and east of Chester's
Restauraiit.
8.•.final ,opproval for Municipal Industrial Development_Bonds in the Page P790
<u•nunt of $250,000 for Kindr_r Ca'e (Resolution NO 81-243)
C. Aid Insurance Company by Aid Insurance Company, Request for_site Page 2791
plan review aiid approval of Rgistered Land Survev to divide 7.7
acres zoned Office into 2 lot iid to construct on office on the I
southerly_fivc acres. Located approxiniately 1500 feet southeast
of Hartford Insurance Company, 11000 Prairie Lakes Drive. r•
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D. Request from Richard Miller Homes fora 1-vear extension on the Page 2796
Mitchell Heights Townhouse dveln4,crr.'s_19rec;,rent ,
III. ORDINANCES & RESOLUTIONS
A. 2nd Readin9_of Ordinance No. 81-20, retuning from Rural to I-2 for page 2798 1
Westi•,00d Industria1 hark (ic. of St. John's and south of Co. Rd. 67J
b,�_ic_har.d tl_Anderson, Inc., and developer's agreement (continued —
from December 1, 19£311
Iv REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports-of Council Members i
B. Report of City Attorney 1
C. Report of Cite Manager
1. Architectural Services Contract with InterDesign, Inc. Page 2812
D. Report. of Director of Public Works I
1. Receive feasihility_reports for Schooner Blvd. and related Page 282'
—improvements and set. Public Hearing ing for January_19,_19322-at 7:30 PM,
I,C.'s +401, 51-3911, 51-:I40B, 51-3i18A, 51-31).t: and 51-335
(Resolution Nu. 81-2b31 —�� i
X. NEW BUSINESS 1
( ):I. ADJOIEINWINT.
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• UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
SPECIAL MEETING
TUESDAY, NOVEMBER 10, 1981 7:30 p.m., CITY HALL
CITY COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath, and George Tangen
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CITY STAFF PRESENT: City Manager Carl J. Jullie, Director of Plannin,,
Chris Enger, City Engineer Eugene A. Dietz, City
Attorney Roger Pauly, & Building Official Wayne
Sanders
ROLL CALL: all were present
This special meeting of the City Council was called to review City Code, Chapters
1, 2, and 11.
There was general discussion among Council members and Staff regarding the organization
of the Code and how the review process will be undertaken. Mr. Pauly indicated that
the organization and content of each chapter can be in any logical form the Council may
desire.
The following changes and comments were made or suggested: •
CHAPTER 1
Section 1.02
Subd. 7. Street is broadly defined. Definition should be kept
in mind with respect to use of term in other chapters.
Subd. 12. Suggested that the subdivision include the term "public
safety officer" since that is in common usage in the City (Note
Chapter 2, Section 2.31, describing the Public Safety Department
includes a police division and fire division. Insertion of the
reference to public safety office should exclude members or
employees of the fire division.)
Subd. 16. "Ordinance" should be changed to "this code" and
"actor'rshould be changed to "violator."
Subd. 17. Should read "adopted by the Council" since Council
is defined.
SuIA. 22. After the word land, insert "together with improvements
thereon."
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City Council Minutds -2- November 10, 1981
- - - Add definition of Planned Unit Development (PUD)
perhaps: ;' p
Section 1.03
Perhaps there should be added a statement that in the event there
• is no specific provision, a violation should constitute a misdemeanor
or petty misdemeanor, perhaps the latter.
Section 1.03, 1.06 and 1.09
Question raised as to the appropriateness of including in
Chapter 1.
MOTION: Redpath moved, seconded by Bentley, to refer Chapter No. 1 back to Staff
for updating. Motion carried unanimously.
CHAPTER 2
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General: Add a provision to allow adoption by resolution policies on personnel
matters and special assessment policies.
Section 2.06
Add a requirement that in addition to the facsimile signature there
be at least one manual signature unless that requirement is set forth
in another chapter.
Section 2.08
Change "Councilmen" to "Council members."
Is it possible to have the salaries set by resolution rather than by
ordinance, or in the alternative, can the ordinance provide that the
amount of the salaries be set by resolution? Salary changes to become
effective following the next regular election.
Section 2.09
Subd. 3. (a) Revise the third sentence to make the idea clearer.
(b) Permit Council by a full vote of all members to
adopt ordinance at same meeting as introduction.
(c) Provide that amendments of any ordinance introduced
shall not require a separate approval of introduction at a preceding
meeting. In other words once introduced, the introduced ordinance
can be amended in its entirety if the Council so desires at the time
of its adoption without the necessity of a unanimous vote. Zoning
matters shall take two readings.
AG1//
City Council Minutes -3- November 10, 1981
Section 2.10
t _ _ •
This section does not contain a penalty. It should be
a petty misdemeanor. Council requested a copy of Resolution No. 75-135.
Section 2.30
Subd. 1. The subdivision should provide a description of the City
Manager's position -- how is he selected, by whom, etc. Perhaps
simply following the statutory provisions will be adequate.
Section 2.31 •
Clarify that the Director of Public Safety holds two jobs. (1)
as overall head of the department and (2) as having direct super-
vision of the police division. Perhaps add after the second sen-
tence the words "who shall have overall responsibility for the
department."
Section 2.33
Change the name to Director of Planning.
Section 2.34
Change the name to Director of Community Services. •
Add "historical and cultural" to listed activities. �I
Section 2.36
Change to City Attorney. Strike all references to legal department,
head of this department, etc. •
Section 2.50
(a) First sentence strike the words "boards and" since some boards
are more than advisory. Perhaps some commissions also are advisory
--what about Planning Commission?
(b) Appointments are made by the Council.
(c) There should be a provision whereby upon unanimous consent
of full Council a person may serve for more than two terms.
(d) Strike the reference to chairman having to be a member for at
least one year.
(e) Provide for a chairman, vice chairman and secretary. In absence
of chairman and vice chairman, provide that members can elect an acting
chairman for the meeting.
City Council Minutes -4- November 10, 1981
(f) The provisions relating to removal should simply provide
for removal for just cause on a 2/3 vote of the whole Council.
(g) All members shall be residents of the City, except for Development
Commission and Flying Cloud Advisory Commission.
Section 2.51 •
Subd. 1. Strike the last sentence requiring a member to be
a member of the Planning Commission.
Subd. 2. Strike the last sentence.
- - - The remainder of the section should follow the present
Ordinance 77-6 and its predecessor together with such changes as
may be required by State Statute. The latter includes the giving
of notice to the Planning Commission and the opportunity of•the
Planning Commission or its designee to comment within a period of
30 days. City Council to receive a summary sheet of action taken
by Board of Appeals after each meeting. •
Section 2.52
Add "residential" to #A and E. •
Section 2.53
Check this provision against the state building code Re:
duties and right to appeal. Does the Council have final authority
with regard to the Building Code?
Section 2.54
- - - This also should follow current ordinance, however,
it should be updated to make it consistent with the present
planning act, particularly reference should be given to the
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role of the Planning Commission in the adoption and amendment
of the Comprehensive Guide Plan. See the Metropolitan Council
Statutes. Strike last sentence in #D, Subd. 2. In #G, strike
all after "concerning" and add "requirements of law and as de-
fined in Chapters 11 and 12 of this Code."
Section 2.56
Subd. 2. 8. Change draft to maintain.
H. Insert the word "group" before "home locations."
L. Insert "recommend implementation of" in place of
"implement" in the first line.
f,aU
City Council Minutes -5- November 10, 1981
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Section 2.57
CStrike the reference to no less than two members representing
the Flying Cloud Airport Businessmen's Association. Strike the
reference to the appointment by the Mayor in two places. Appoint-
ment will be by the Council.
Section 2.58
Subd. 2. Add a paragraph capital D to read "Recommendations for
improvements of historical facilities,including recommendations for
potential funding sources.'
- - - Question is raised as to the inclusion in Chapter 2 of
Sections 2.80, 2.81, and 2.84.
MOTION: Moved by Tangen, seconded by Edstrom to adjourn the meeting at 10:45 p.m. `
Motion carried unanimously.
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• UNAPPROVED MINUTES
• CANVASSING BOARD
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TUESDAY, NOVEMBER 17, 1981 10:00 PM, CITY HALL
CANVASSING BOARD MEMBERS: Wolfgang H. Penzel, George Bentley, Dean •
Edstrom, Paul Redpath, and George Tangen
CANVASSING BOARD STAFF: City Clerk John D. Frane.
I. CALL MEETING TO ORDER
The meeting was called to order by Wolfgang H. Penzel.
II. RECEIVE AND CERTIFY RESULTS OF THE 1981 BOND REFERENDUM FOR CITY SERVICES
Penzel said the "yes" votes were 1,731; the "no" votes were 410. The City
Services Bond Referendum passed by a margin of 79.8%.
MOTION: Moved by Redpath, seconded by Bentley, to receive and certify the results
of the election on November 17, 1981. Motion carried unanimously. (A copy of
those results is attached.)
MOTION: Moved by Edstrom, seconded by Tangen, to commend and thank the committee
which worked on this referendum. Motion carried unanimously. •
III. ADJOURNMENT
MOTION: Moved by Bentley, seconded by Tangen, to adjourn the meeting of the
Canvassing Board. Motion carried unanimously.
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• CITY OF EDEN PRAIRIE
Canvessing Board
November 17, 1981
The results of the election in the City of Eden Prairie on
November 17, 1981 are certified as follows:
' PRECINCT
I II III IV V VI TOTAL
YES 276 257 330 318 206 344 1,731
NO 99 66 67 94 11 73 410
Registered at 7:00 a.m. 1,743 1,564 1,367 1,483 1,449 2,713 10,319
Registered on Election day 23 23 20 20 17 40 143
Total eligible voters 1,766 1,587 1,387 1,503 1,466 2,753 10,462
Voted at Precinct 377 325 397 401 208 412 2;120
Voted absentee 6 4 6 12 11 10 49.
TOTAL VOTED 383 329 403 . 413 219 422 2,169
.e' ,210P--- •
Wo3..Pgang r.jenzel, Mayor
ATrEsT:
)--Z
. Pzanq,.-City Clerk SEAL
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CITY OF EDEN PRAIRIE
• Canvessing Board
November 17, 1981
The results of the election in the City of Eden Prairie on
November 17, 1981 are certified as follows:
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PRECINCT
I II III IV V VI TOTAL
YES 276 257 330 318 206 344 1,731
NO 99 66 67 94 11 73 410 _
Registered at 7:00 a.m. 1,743 1,564 1,367 1,483 1,449 2,713 10,319
Registered on Election day 23 23 20 20 17 40 143
Total eligible voters 1,766 1,587 1,387 1,503 1,466 2,753 10,462
Voted at Precinct 377 325 397 401 208 412 2,120
Voted absentee 6 4 6 12 11 10
TOTAL VOTED 383 329 403 413 219 422 2,169
Wolfgang I3. Penzel, Mayor
ATTEST:
John D. Franc, City Clerk SEAL
c2c0sy
UNAPPROVED MINUTES
• EDEN PRAIRIE CITY COUNCIL
TUESDAY, NOVEMBER I7, 1981 7:30 P.M., CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean
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Edstrom, Paul Redpath, and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger, Director of Community -
Services Bob Lambert, City Engineer Eugene A.
Dietz, and Recording Secretary Karen Michael
INVOCATION: Mayor Wolfgang H. Penzel
PLEDGE OF ALLEGIANCE •
ROLL CALL: All were present
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: VIII, 8, 1. Request for ratifica-
tion of a notice to the. Round lake Park Shelter contractor regarding termination
of contract; VII1. C. 4, A brief discussion on codification.
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The following item was moved from the Consent Calendar to item VIII. C. 5. Final
aji oval of Municipal Industrial Development Bonds for Valley Place 0ffice�so
ciates f the amount of $1,200,000 (Resolution No. 81-235)
MOTION: Redpath moved, seconded by Bentley, to approve the Agenda as amended
and published. Motion carried unanimously,
II. MINUTES
A. Special City Council Meeting_held Saturday, October 31, I981
Page 2, last para., second line: change "lease" to "least"
MOTION: Edstrom moved, seconded by Bentley, to approve the minutes of the
October 31, 1931, City Council meeting as amended and published. Motion
carried unanimoosly. •
B. City Council Meeting held Tuesday, November 3, 1981
Paoe 3, pare. immediately preceding motion in item VI1, A.: delete the
following sentence: "He would also like some time to reflect on the report."
MOTION: Redpath moved, seconded by Tangen, to approve the minutes of the
( November 3, 1981, City Council meeting as amended and published. Motion
carried unanimously.
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City Council Minutes -2- November 17, 1981
III. CONSENT CALENDAR •
A. ?nd Reading of Ordinance No. 81-25, an ordinance amending Ordinance No.
77-22 prohibiting noisy parties and unlawful trespass
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B. Final_plat approval for Edenvale 14th (Resolution No. 81-233)
C. Change Order No. 1 for Creekview Estates, I.C. 51-375
D. Receive 1007 Letitions for improvements to SundCLuist Addition and Trunk Sewer
connections and authorize preparation oflans and specifications (Resolution
No. 81-2347---
E. Request of Mr. Karl Krahl concerning_donationof property
F. Clerk's License List
G. 2nd Reading of Ordinance No. 81-23, designating and regulating Bicycle Ways
within the City of Eden Prairie
H. Final approval of Municipal Industrial Developent Bonds for Frana & Sons
in the amount of42,150 (Resolution No. 81-231) and $48,450 (Resolution
No. 82-232)
I. Final approval of Municipal Industrial Development Bonds for Valley Place
Office Associates in the amount of$1,200,000 (Resolut7on No,81-235) -
Becomes item VIII. C. 5. •
MOTION: Redpath moved, seconded by Edstrom, to approve items A - H on the
Consent Calendar, item III. G. subject to the addition of "or lead a horse"
in Section 4. Motion carried unanimously.
IV. PUBLIC HEARINGS
A. Standard Oil Station by Standard Oil Co, Request to rezone 2.1 acres from
Planned Study to Highway Commercial for construction of a gas station and
attached car wash. Located in the southeast corner of Co, Rd, 4 and TH 5
(Ordinance 81-29) - Continued from November 3, 1981
City Manager Jullie explained Staff has met with the proponent. The City
has agreed to move the full access to Sween Road and that there will only
be a right-out movement on Highway 5,
Ray Duggan, engineer with Standard Oil, spoke to the proposal -- he would
prefer a right-in and a right-out on Highway 5,
Tangen said he could go along with a right-out, Jullie noted a right-in
would cause problems. Bentley expressed his concern with a right-in move-
ment. Redpath concurred and said the number of grains trucks which travel
on TH 5 create additional hazards which must be taken into consideration.
Edstrom asked if TH 5 would be one lane at the right-out point. Jullie
said there would he an acceleration lane provided.
City Council Minutes -3- November 17, 1981
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MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing
and to give 1st Reading to Ordinance No. 81-29 subject to the Staff recom-
mendations and with a right-out only on TH 5. Motion carried unanimously.
MOTION: Redpath moved, seconded by Edstrom, to instruct Staff to draft
a Developer's Agreement subject to the recommendations included in the
Staff Reports. Motion carried unanimously.
B. City West by Richard Anderson, Inc. Request to amend the Comprehensive
Guide Plan on approximately 40 acres designated Medium Density Residential
to Office, Regional Commercial, and Multiple Residential uses, and approval
of an Environmental Assessment Worksheet (Resolution No. 81-226 - PUD) and
Resolution No. 81-227 - EAW)
David Sellergren, attorney for the proponent, spoke to the proposal and the
changes which have been made. He said they feel they have been responsive
to all concerns.
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Planning Director Enger reported this matter had been referred back to the
Planning Commission by the Council. The Planning Commission had reviewed
the proposal at its October 13, 1981, and October 26, 1981, meeting and
had recommended its approval by a vote of 7 - 0. Enger noted this item had
not been before the Parks, Recreation and Natural Resources Commission as
now proposed since it had previously recommended approval.
Tangen expressed concern that this had not been before the Parks, Recreation
and Natural Resources Commission since there is now residential included in
the proposal. Director of Community Services Lambert and Enger explained
that the type of housing which is going to be built in City West will more
than likely be the type in which recreational facilities are included --
such as handball or raquetball courts, swimming pools, tennis courts, etc.
This would be similar to what is found in the multiple residential buildings
in the Southdale area.
Bentley asked about the requirements for low density office uses and about
the impervious surface ratio compared to the previous proposal. Enger ex-
plained the low density office use and noted the impervious surface ratio
has not changed much.
Edstrom inquired about the parking spaces. Enger noted this will be addressed
as each proposed building or phase comes before the Council. In the first
phase the request will be for smaller spaces and this will be assessed before
other parking in future phasing is approved.
Penzel asked about the traffic to be generated by the residential now pro-
posed. Enger said there would be about 1500 fewer trips per day than under
the old proposal. Penzel asked when improvements to Shady Oak Road would be
necessary. Enger said prior to the first phase rezoning it would be recommender'
the City do a feasibility study of this project and that of the Wooddale Baptist
Church to evaluate the traffic and to propose a development schedule for the
upgrading of Shady Oak Road and assessing the responsibility for the cost.
This feasibility study could be done in conjunction with the feasibility
study for the center road in the City West project.
26 5')
City Council Minutes -4- November 17, 1981
Janet Gerecke, 6622 Golden Ridge Drive, questioned the ownership of the
property which she claims is owned by Honeywell and not by ADI. David
Sellergren stated they would be willing to provide the tax receipts which 0
show Anderson to be the owner of record.
Dick Feerick, 6518 Leesborough Avenue, would like to see more residential
on this site -- carriage or manor homes. He feels the community has a
commitment to the Major Center Area plan and this proposal does not support
that commitment.
Jerry Steelman, 6601 Golden Ridge Drive, asked if the petitions which had
been filed at previous meetings are still valid. Penzel said they are.
Steelman agreed with Feerick's remarks.
Bentley said he felt the present proposal is,overall,a much improved plan.
MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing
and to adopt Resolution No. 81-226, approving•the City West Planned Unit
Development and Amending the Guide Plan, subject to the recommendations
of the Planning Commission (the October 26 Planning Commission recommended
Plan - p. 2465A) and to refer this to the Metropolitan Council for their
review. Motion carried with Tangen voting "no."
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No.
227, finding the Environmental Assessmen Worksheet for City West a private
action which does not require an environmental impact statement. Motion
carried unanimously.
Tangen stated his "no" vote was because of his concern with the amount
of residential and the lack of input from the Parks, Recreation and Natural
Resources Commission. He did feel the proposal was an improvement over the
original plan.
C. Kentucky Fried Chicken by Delaria Kitchens. Request to rezone from Rural
to Regional Commercial and preliminary plat 0.835 acres for a fast food
restaurant. Located west of US 169/212, east of Eden Road, and north of
Single Tree Lane (Ordinance No. 81-26 and Resolution No. 81-228)
John Shardlow, Howard Dahlgren Associates, spoke to the proposal. Also
present were Bill Quinlan and Ralph Werner from Jesco and Don DeLaria
from DeLaria's Kentucky Fried Chicken, Shardlow said the only problem
they have is with the cupola which they would like to paint terra cotta
and white striped; the Staff Report calls for a solid color -- terra cotta.
Bill Quinlan, Jesco, said they have no problem with the striped cupola; it
will not harm the project it any way.
Don DeLaria, DeLaria's Kentucky Fried Chicken, passed a picture of what
new Kentucky Fried Chicken franchises look like. He noted this building
will not include a picture of the Colonel or a revolving bucket of chicken.
a458
City Council Minutes -5- November 17, 1981
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Planning Director Enger stated the Planning Commission had recommended approval
of the preliminary plat and rezoning requests by a 6 - 0 vote at its meeting
on October 26, 1981, with special emphasis that the cupola be a solid dark
color and that the original approved Eden Glen PUD Design Framework Manual
be upheld. Enger noted the sign ordinance regards the cupola as a rooftop
sign.
Edstrom asked about the impact the reduction of this site will have on the
overall site plan. Shardlow said it would he a positive impact in that the
number of curb cuts would be reduced and other sites would be able to utilize
the additional space.
Bentley and Tangen said they had no difficulty with the stripes on the
cupola.
MOTION: Edstrom moved, seconded by Redpath, to close the Public Hearing
and to give 1st Reading to Ordinance No. 81-26. Motion carried unanimously.
MOTION: Edstrom moved, seconded by Redpath, to adopt Resolution No. 81-228,
approving the preliminary plat of Kentucky Fried Chicken. Motion carried
unanimously,,
MOTION: Edstrom moved, seconded by Bentley, to direct Staff to
draft a Developer's Agreement subject to the recommendations contained in
the October 16, 1981, Staff Report, excepting item #6 -- a terra cotta
and white striped cupola will be allowed. Motion carried unanimously.
D. Wooddale Baptist Church by Wooddale Baptist Church, Request for amendment
to the City Guide Plan from Residential to Public; Planned Unit Development
Concept approval for church uses; rezoning from Rural to Public; and prelim-
inary plat approval. Variances requested are: 60 foot high sanctuary peak,
and a non-hardsurface parking area for the first phase, and construction of
a parking lot without curb & gutter, all on a total of 31 acres. Located
east of Golden Ridge, south of Shady Oak Road, and west of US 169/212 (Reso-
lution No. B1-229 - PUD, Ordinance No. 81-27 - rezoning, and Resolution No.
81-230 - preliminary plat.)
Leith Anderson, Pastor of Wooddale Baptist Church, Richfield, gave a brief
history of the Church.
Fred Hoisington, Brauer & Associates, spoke to the proposal. He reviewed
the ownership, zoning, slopes, drainage, soils, vegetation, the concept
plan, access, phases of parking, and grading plans, He also reviewed the
variance requests and stated they would like to park one bus on the site
during the 1st phase of construction.
Planning Director Enger noted this item had been considered by the Planning
Commission at its October 26, 1981, meeting at which time it recommended
approval, subject to recommendations contained in the Staff Report, by a
6 - 1 vote.
,V.s9
City Council Minutes -6- November 17, 1981
Director of Community Services Lambert said the Parks, Recreation and
Natural Resources Commission had reviewed this proposal at its November
2, 1981, and November 16, 1981, meetings. At its November 2nd meeting
the Parks, Recreation and Natural Resources Commission voted to recommend
approval supporting Phase I parking at the north end of the site per Plan-
ning and Community Services Staff Reports. Further information was requested
in regard to the trees and this information was discussed at the November
16th meeting.
Bentley asked what the rational was for the Planning Commission wanting the
parking lot to be flipped. Enger said the parking would not be exposed if
•
it were behind the church, it would not be visible to the residents to the
north, and the possibility of shared parking with City West would then
create an open feeling to the north. Bentley asked about the settling pro-
blem in the parking areas where there might be poor soil conditions. City
Engineer Dietz was not under the impression that the soils in the north park-
ing lot were bad.
•
Tangen asked about the dust problems which might be incurred if the parking
lots were not paved. Dietz explained there are streets in Eden Prairie which
are not paved and which the City oils to reduce dust.
Warren Gerecke, 6622 Golden Ridge Drive, thanked the Wooddale Baptist people
for having involved the residents in the neighborhood adjacent to the proposed
site in the planning process.
Bill Deeds, 8641 Red Oak Drive, said Wooddale Baptist Church will be an
asset to the community and recommends the Council approve their plans.
Bentley asked about the proposed bus storage. Anderson said they will have
to find a place on the site or a shelter on the site to house the bus. Bentley
asked that this issue be addressed prior to 2nd Reading of the Ordinance.
MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing
and to adopt Resolution 81-229, approving the Wooddale Baptist Church Planned
• Unit Development. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to give 1st Reading to Ordinance
No. 81-27. Motion carried unanimously.
MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 81-230,
approving the preliminary plat of Wooddale Baptist Church. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Tangen, to direct Staff to draft a Devel-
oper's Agreement subject to the recommendations of the Staff Reports and the
recommendations of the Commissions with the exception that the parking lot in
• Phase I not be flipped. The parking lot is to be hard surfaced 18 months
after occupancy -- this is to be covered by some form of surety bond.
Adequate parking is to be provided for daily traffic, dust control measures
are to be undertaken, and the bus issue is to be resolved prior to 2nd Reading.
Motion carried unanimously. r:
City Council Minutes -7- November 17, 1981
•
V. PAYMENT OF CLAIMS NOS. 9050 - 9271
MOTION; Tangen moved, seconded by Redpath, to approve Payment of Claims Nos.
9050 - 9271. Roll call vote: Bentley, Edstrom, Redpath, Tangen and Penzel
voted "aye." Motion carried unanimously.
VI. REPORTS OF ADVISORY COMMISSIONS
There were no reports.
VII. PETITIONS, REQUESTS & COMMUNICATIONS
A. Presentation of final Crosstown Scoping Report by Hennepin County (Resolution
No. 81-222) - continued from November 3, 1981.
City Manager Jullie reviewed what had happened up to tonight's meeting.
He noted that reports had been sent to the residents who attended the
July meeting.
Herbert 0. Klossner, Director of Hennepin County Transportation Department, •
introduced Sue Rhode who outlined the process of the study,
Jim Cardinal, 15701 West 62nd Street, asked who had received notices for
the meeting and how had these residents been selected. Enger said Eden
Prairie City Staff sent out about 500 notices to people east of County
Road 4 because the Scoping Report only deals with the area east of County
Road 4. Cardinal expressed concern that the residents west of County Road
4 were not notified because they will be affected by what happens to the
east of them.
Ron Pashina, 15600 Oak Ridge Road, said he has received more letters about
Dutch elm disease in his yard than he has about a four-lane highway coming
through. Penzel said it was unfortunate the people west of County Road 4
were not notified.
Klossner said the Scoping Report had to stop somewhere and County Road 4
was the stopping point.
Paul Choiniere, 15819 North Eden Drive, said there were issues not addressed
in the Scoping Report such as what will happen with Highway 101, Highway 7,
212/169 in Eden Prairie, and the impact it will have on Townline Road,
Bentley noted this not a City action but a County action and the residents
will have an opportunity to voice their opinions before various County Board
hearings.
Redpath would like to see action on the Scoping Report extended two weeks
so that more residents will have an opportunity to read the report.
a(p(40►
City Council Minutes -8- November 17, 1981
•
Klossner said the Scoping Report must be put into perspective. All the
Scoping Report does is identify the issues along with the route which will a•
be studied in the Draft Environmental Impact Statement. There will be �c
additional citizen input at that time.
Cardinal said if the Council intends to extend action two weeks then the
people in Minnetonka - Black Oaks, Boulder Creek areas - should also be
notified as this will have an effect on them.
MOTION: Redpath moved to extend the Scoping Study for two weeks. Copies
of the Report will be made available on a first come, first served basis.
Motion died for lack of a second.
Edstrom said the impact of the Crosstown do go beyond County Road 4.
Donna Pashina, 15600 Oak Ridge Road, said a notice of meetings such as
the one at which the Scoping Report was discussed should be in the Eden
Prairie News.
Bentley said perhaps approval should be subject to Hennepin County holding
a meeting for the residents.
Cardinal said as far as he is concerned the Council can approve the Report.
He would, however, like to have a copy of the Report.
Choiniere said he does not think the Report should be approved because the
impact that will take place by a four-lane highway emptying onto Townline �r
Road has not been addressed. i
Tangen said the issues have been addressed and Townline Road has not been
ignored. Individuals may not have received notification, but the issues
have been addressed.
Penzel said our system of government allows for citizen input and at the
point we are now at with this Study the issues which have been raised will
be looked into and studied further.
MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 81-222,
approving of Crosstown Scoping Report. Motion carried with Edstrom voting
"no."
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Penzel - called attention to the letter of November 11, 1981, from Robert
J. McDonald regarding Bluffs East Rezoning & Development. A copy of that
letter is attached.
•
act,a
City Council Minutes -9- November 17, 1981
•
Bentley - asked to have items on the Consent Calendar further identified
as to location. He also would like to see general news articles in the
Newspaper regarding public hearings in addition to the required official
notices now published.
B. Report of City Attorney
1. Request for ratification of a notice to the Round Lake Park Shelter
contractor regarding termination of contract
City Attorney Pauly spoke to the reason for this request. The
contractor has failed to make payments to his subcontractors, has
failed to supply a sufficient number of workmen to complete the job,
and has stated to the architect he is financially unable to complete
the contract due to financial difficulties. The contract requires
a seven-day notice prior to terminating the contract.
MOTION: Tangen moved, seconded by Bentley, to ratify notice to the
Round Lake Park Shelter contractor regarding termination of contract.
Motion carried unanimously.
C. Report of City Manager
1. Proposed changes in sewer and water rates for 1982 - 1st Reading of
Ordinance No. 81-30.
City Manager Jullie spoke to his memorandum of November 10, 1981,
in which the rate changes were addressed.
MOTION: Edstrom moved, seconded by Bentley, to give 1st Reading to
Ordinance No. 81-30, amending Ordinance No. 280, utility rates. Motion
carried unanimously.
2. Agreement Contract No. 830 with Metropolitan Waste Control Commission
(MWCC) for repayment of 1971-72 reserve capacity charges
MOTION: Redpath moved, seconded by Bentley, to approve Agreement
Contract No. 830 with the MWCC which will be applicable to all new
sewer connections as of January 1, 1982. Roll call vote: Bentley,
Edstrom, Redpath, Tangen, and Penzel all voted "aye." Motion carried
unanimously.
3. Request from Ramsey City Manager regarding lawsuit on Local Government Aid
City Manager Jullie said a request from the City of Ramsey had been received
whereby they requested the City to join them in a lawsuit with the Minnesota
League of Small Cities to test the constitutionality of the present formula
the State uses to distribute local government aid. Jullie recommended the
City not become involved at this time, but rather wait until we have a rulin•
on fiscal disparities which may settle many of the same issues. The Council
concurred.
Q11.3
City Council Minutes -10- November 17, 1981
4. A brief discussion on codification
. Ways to proceed with the codification process were discussed. g
5. Final approval of Municipal Industrial Development Bonds for Valley
Place Office Associates in the amount of g1,200,000 (Resolution No. 81-235)
Mark Wilson, attorney for Valley Place. Office Associates, spoke to
their request for MIDB's and the scope of the project.
MOTION: Edstrom moved, seconded by Bentley, to give final approval
to the request for Municipal Industrial Development Bonds for Valley
Place Office Associates in the amount of $1,200,000. Motion carried
unanimously.
IX. NEW BUSINESS
There was none.
X. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 11:53 p.m.
Motion carried unanimously.
a 6411
Nov i 61981
t Noveplber II, 1981
Mr. Wolfgang Penzel, Mayor
Members of the City Council
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
RE: Bluffs East Rezoning & Development
Gentlemen:
Prior to the July 21, 1981 Council Meeting, because of lack of official
notice, I spent a couple of days hastily trying to educate myself, by
talking to the planner, engineer and representatives of Bluffs East, as
to how that development would reflect on our property on the West. One
of my primary concerns, in addition to future availability of city util-
ities, was that of alternative ingress and egress for our property,
which we planned to develop in medium density housing sometime in the
future. Mr. Enger's position was that if we demanded additional access
via the Bluffs East, by cul-de-sac from the South or East, we may some-
how lose our existing access for development to Pioneer Trail, which of
course we felt was absolutely essential for any kind of development. So,
we did not press the issue at that time.
Since that meeting we have been approached by 2 different developers
wanting to develop medium density housing&both are very concerned about
the lack of a thru street type of access which could result in our pro-
perty
having to be developed in an "Extended Cul-de-Sac" fashion which
as they understand, the city tries to avoid.
We therefore request that alternative access to our property be made
available by cul-de-sac street to at least one point on our East or
South boundary to facilitate a safe and orderly future development of
the property.
Sincerely yours,
Robert J. Donald
7110 N. Pampa Place _
Tucson., Arizona 85704DON
ROBERT . Mc00NA10� 1
'�JMc
Realmr•6R1
RJM;led . .�„ (soz)`ee�•:xoo==-�
Rs6 2974777
ammessimsmarimem
n'/ 925 WEST PRINCE ROAD TUCSON ARIZONA 85705
•
UNAPPROVED MINUTES
• EDEN PRAIRIE CITY COUNCIL
TUESDAY, DECEMBER 1, 1981 7:3D PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Rick
Rosow, Finance Director John D. Frane, 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: Councilman Paul Redpath was absent.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following items were added to the Agenda: VI. C. 2nd Reading of Ordinance
No. 81-27, Wooddale Baptist Church and VIII. 1. Update on Governor's Budget Cuts
and Their Impact on the 1982 City Budget.
MOTION: Bentley moved, seconded by Tangen, to approve the Agenda as amended and
published. Motion carried unanimously.
II. CONSENT CALENDAR
A. Clerk's License List
B. Change Order for Community Center
C. 2nd Reading of Drdinance No. 81-30, amending Ordinance No. 280, utility rates
D. Receive petition for Autumn Woods (Phase I) Improvements and authorize feasi-
bility report, I.C. 52-016A (Resolution No. 81-236) located at TH 1D1 north
of railroad tracks
E. Receive 1DO% petition from ADI for interior public improvements to City West
and authorize plans and specifications, I.C. 52-025 (Resolution No. 81-238r
F. Receive petition from ADI for improvements to Shady Oak Road and authorize
preparation of feasibility report, I.C. 52-026 (Resolution No. B1-239)
(3 6,
City Council Minutes -2- December 1, 1981
•
G. Approve change order for Franlo Road Improvements, I.C. 51-331 (Franlo
west of Preserve Boulevard)
H. Approve change order for Willow Creek Road west of Flying Cloud Drive,
I.C. 51-3B2
MOTION: Edstrom moved, seconded by Bentley, to approve items A - H on the
Consent Calendar. Motion carried unanimously.
III. PUBLIC HEARINGS
A. Feasibility report for improvements for Westwood Industrial Park and
adjacent properties, I.C. 52-015 (Resolution No. 81-237) Located south
of CSAH 62, between Baker and Industrial Drive
City Manager Jul lie stated Richard Anderson had requested this item
be continued for two weeks to allow tine for details of the purchase
agreement on this property to be finalized. Al Michaels of Bury and
Carlson and John Shardlow,representing Franklin National Bank,agreed
to the postponement.
MOTION: Edstrom moved, seconded by Tangen, to continue this item to
the December 15, 1981, meeting of the City Council at the request of
Richard Anderson. Motion carried unanimously.
IV. PAYMENT OF CLAIMS NOS. 9272 - 9517
MOTION: Bentley moved, seconded by Tangen, to approve Payment of Claims •
Nos. 9272 - 9517. Roll call vote: Bentley, Edstrom, Tangen and Penzel
voted "aye." Motion carried unanimously.
V. APPOINTMENTS
A. Appointment of citizen representatives to the Housing Task Force
Penzel said letters had been received from Elayne Renier and Mike Best.
Representing various commissions are: Jerry Kingrey, Parks, Recreation &
Natural Resources Commission; Bill Behrenbrinker, Development Commission
(Kent Barker will be the alternate); William Bearman and Hakon Torjesen,
Planning Commission; Duane Pidcock, Human Rights & Services Commission;
and George Bentley and Paul Redpath, City Council. Penzel suggested nom-
inations remain open since it is not expected the Task Force will meet
until January.
MOTION: Bentley moved, seconded by Edstrom, to approve the slate (above)
as read by Penzel and to keep nominations to the Housing Task Force open
for another month. Planning Director Enger will be an ex officio member
of the Housing Task Force. Motion carried unanimously.
City Council Minutes -3- December 1, 1981
•
V1. ORDINANCES & RESOLUTIONS
CA. 2nd Reading of Ordinance No. 81-20, rezoning from Rural to I-2 for West-
wood Industrial Park by Richard W. Anderson, Inc., and developer's agreement
MOTION: Tangen moved, seconded by Edstrom, to continue this item to
the December 15, 1981, Council meeting. Motion carried unanimously.
B. Resolution No. 81-240, granting preliminary approval for Housing Revenue
Bonds for Edenvale Apartments in the amount of $7,765,000.00
City Attorney Rosow addressed the Housing Revenue Bonds issue since it
is a new procedure for the Council.
Russell Prince, Juran & Moody, spoke to the proposal and introduced those
involved with the project who were in the audience: Scott Bader, Z & S
Management Co.; James Cooperman, architect; Bill Brussman, Northland Mort-
gage Co.; and Catherine Bartlett, bond counsel with the Dorsey firm.
Bentley asked if the rent of individual apartments would be affected because
of the means of financing. Prince said the rents charged would be reviewed
periodically by HUD and would have to be in line with the rents charged in
the community. Bentley asked if this type of funding were not available,
would the amount of rent charged be appreciably different. Brussman said
the project would not be financially feasible without this type of financing;
there is virtually no money available.
l Edstrom asked if there is a limit on the rents charged to the subsidized
units but not on the other units. Brussman said there is, but it is all
based on the market.
Tangen asked what the breakdown was of subsidized units. Brussman said
there would be 6 one-bedroom units and the remained (29) would be two-bedroom
units. They would be scattered throughout the building.
Tangen asked about the recreational facilities in the area. Lambert said
the Edenvale East Neighborhood Park would be developed and would serve this
building. Tangen asked if this would be developed in conjunction with the
building. Lambert said it would be developed as occupancy occurs.
Penzel asked how Housing Revenue Bonds compare with Municipal Industrial
Revenue Bonds. Finance Director Frane said the guarantees by HUD and the
up-front money required makes the Housing Revenue Bonds less risky than the
Municipal Industrial Revenue Bonds. Penzel asked if there was a limit as
to the total sum of Housing Revenue Bonds which might be issued by a City.
Barlett said there is no limit, under State law, for multi-family.
Bentley said he is basically opposed to this concept of bonding. He noted
the need for subsidized housing has been expressed in Staff memos; however,
if the City is going to get into the housing business then the cost should
be affected.
)
9
i
City Council Minutes -4- December 1, 1981
•
Penzel noted this is a difficult market. He had met with Congressman Frenzel
earlier in the day at which time the matter of discretionary funds was
discussed and the fact they will be cut in 1982. Penzel said the questions
are: is there a market and is there a need to meet this market. Penzel
recognizes a need does exist and intends to vote in favor. '`''
MOTION: Edstrom moved, seconded by Tangen, to adopt Resolution No. 81-240,
granting preliminary approval for Housing Revenue Bonds for Edenvale Apart-
ments in the amount of $7,765,000.00 Motion carried with Bentley voting
•
"no."
C. 2nd Reading of Ordinance No. 81-27, Wooddale Baptist Church
Penzel said he was concerned because a signed Developer's Agreement was
not attached as is the customary policy prior to second reading of an
ordinance. City Manager Jullie said this item had been added to the
Agenda today, at the request of the developer,due to problems with their
closing date.
Fred Hoisington, Brauer & Associates, said the closing date is the 18th.
Tangen said he does not like to vote on something he has not seen and
would be willing to attend a special meeting if the need to accommodate
Wooddale Baptist's closing date posed a problem.
MOTION: Tangen moved, seconded by Edstrom, to continue this item to the
December 15, 19B1, meeting. Motion carried unanimously.
•
VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS t
A. Reports of Council Members
Penzel - reported on his meeting with Representative Frenzel. The general
message was that the money from Washington is going to be cut. Penzel said
the Council should schedule public hearings for early 19B2 to receive citizen
input on where cuts might be made in the City Budget.
Edstrom - called attention to the meeting to be held on December 15, 19B1,
by the Association for Metropolitan Municipalities to discuss Legislative
Policies for 19B2.
B. Report of City Attorney
There was no report.
C. Report of City Manager
1. Hennepin County Solid Waste System
City Manager Jullie spoke to his memorandum of November 27, 1981,
regarding correspondence from Hennepin County Commissioner Robb.
3
•
I
City Council Minutes -5- December 1, 1981
•
Edstrom said it should be pointed out in further communications
that Eden Prairie already has a landfill and we have some concerns
• about that landfill.
Tangen said the impact of the truck traffic on the transportation
system should be noted. These vehicles do contribute to these pro-
blems and cause congestion.
Bentley inquired if any progress has been made for a monitoring system
to prevent disposal of hazardous waste. Edstrom said nothing specific
has been done.
D. Report of Director of Community Services
1. Staring Lake Park Trail draft easement with VoTech
Director of Community Services Lambert spoke to his memorandum of.
November 24, 1981, which addressed this issue.
MOTIDN: Bentley moved, seconded by Edstrom, to approve the draft
easement agreement with Hennepin County VoTech regarding the proposed
trail around Staring Lake. Motion carried unanimously.
2. Update of City Trail System Plan
Director of Community Services Lambert noted the plan was drafted as
a comprehensive guide for future trail requirements. The update pre-
sented this evening is the update of the trails plan approved by the
Parks, Recreation and Natural Resources Commission.
Penzel asked why the soft-surface trails in floodplain areas were not
shown. Lambert said they can be added.
It was the consensus of the Council to have this item referred back to
Staff for further refinement.
3. Kiosk Information Center - Round Lake Park
Director of Community Services Lambert addressed his memorandum of
November 24, 1981, in which the Kiosk Information Center was discussed.
MOTION: Tangen moved, seconded by Edstrom, to authorize Staff to
proceed with the Kiosk Information Center at Round Lake Park and to
seek funding from sources other than City funds. Motion carried
unanimously.
(9b& ,.--
• City Council Minutes -6- December 1, 1981
•
4. Neighborhood Park Shelter Program •
Lambert, Director of Community Services, spoke to his memorandum II'
of November 24, 1981, in which he addressed the Neighborhood Park
Shelter Program.
Edstrom suggested the City hold off because of the cost. Tangen
agreed the timing is not good. Neither is opposed to the program;
but with cost cutting being looked at in all areas, this is not
the time to embark on a program like this. Bentley felt it was pre-
mature to embark on any type of program for.Park Shelters at this
time.
• Penzel asked for some sketches which will contrast the types of
shelters under discussion.
By concensus this item was continued to the January 19, 1981, meeting
•
of the Council.
VIII. NEW BUSINESS
1. Update on Governor's Budget Cuts and Their sImpact on the 1982 City Budget
City Manager Jullie said he had received-an "Action Alert" from the
League of Minnesota Municipalities outlining what might be expected in
the way of budget cuts. Local government aid i,n 1982 will be cut by at
least 20.7%. To Eden Prairie this means $95,000.will be cut from our
$452,000 local government aid allocation. The shade tree program will
be cut; the percentages are not known yet, but we_have budgeted $35,000
and expect to cut about $20,000 of that. Federal revenue sharing will be
cut at least 10% which will mean $15,400 of the $154,0.00 budgeted. This
amounts to about 3% of the total City budget or $130,000. Jullie stated
he would relay possible budget cuts in a memorandum to the Council: The
Legislature is looking at December 18, 1981, as a target date for making
cuts.
Penzel said Congressman Frenzel had indicated the Federal government would
be cutting all Federal grant programs. Penzel said maybe a 10% cut is an
optimistic view. Bentley noted the public is becoming aware of the cost of
government services.
IX. ADJOURNMENT
MOTION: Tangen moved, seconded by Edstrom, to adjourn the meeting at 9:29
p.m. Motion carried unanimously.
•
CITY OF EDEN PRAIRIE
• CLERK'S LICENSE APPLICATION LIST
• December 15, 1981
1982 RENEWAL LICENSES
CONTRACTOR (MULTI-FAMILY & COMM.) GAS FITTER
Amcon Corporation Gas Supply, Inc.
Barbarossa & Sons, Inc. Nielson Heating & Air Conditioning
Hipp's Construction Co. Superior Contractors, Inc.
Landico, Inc. Yale, Inc.
R. J. Ryan Const. , Inc.
ON SALE LIQUOR LICENSE
CONTRACTOR (I & 2 FAMILY)
The Brothers Restaurant, Inc.
Aspen/Gustafson Associates Eden Prairie Steak Associates
B & E Enterprises Genghis Khan of Sapporo
Daco Construction, Inc. Olympic Hills Corporation
Durabilt Associates, Inc.
Fireplace Construction Co. CLUB LIQUOR LICENSE
Gunderson Homes, Inc.
Harvey Homes, Inc. Eden Prairie Legion Assn.
H. A. Kloss & Son, Inc.
1 Lars Remodeling 3.2 BEER ON-SALE
Mon-Sons, Inc.
Norton Construction Donn & Margies
S & M Builders Lion's Tap
WELL DRILLING 3.2 BEER OFF-SALE
n,sociated Well Drillers Donn & Margies
Lion's Tap
avenger PDQ Food Stores
Super Valu - Driskill's
llivan's Services, Inc. W. Gordon Smith Co.
Eden Prairie Legion Assn.
;IC SYSTEMS
CIGARETTE'LICENSE
!livan's Services, Inc.
Coca-Cola Bottling Co.
'TING & VENTILATING The Coffee Mill, Inc.
Eden Inn
r Comfort, Inc. Eden Prairie Legion Assn.
Ian Heating & Air Conditioning Genghis Khan Of Sapporo
;,cndable Heating & Air Conditioning Lion's Tap
iden Valley Heating & Air Conditioning Mark's Eden Prairie Standard
i='ielson Heating & Air Conditioning PDQ Food Stores
a„rthwestern Service, Inc. Roberts Drug
Superior Contractors, Inc. Superamerica
Yale, Inc. Super Valu - Driskill's
Surfco
W. Gordon Smith Co.
Eden Prairie Steak Associates
Canteen Co. of Minnesota, Inc.
Service Systems Corp.
/.1.1
:'ERK'S LICENSE APPLICATION LIST
�. PAGE TWO
•
MECHANICAL DEVICE LICENSE
Alladdin's Castle, Inc.
Genghis Khan of Sapporo
Lion's Tap
PDQ Food Store
VENDING MACHINES
Coca-Cola Bottling Co.
Canteen Co. of Minnesota
Griffin Co. (Chestnut Apts.)
Allen Arthur, Inc.
W. Gordon Smith Co.
Service Systems Corp.
Mark's Eden Prairie Standard
Gold Medal Beverage
REFUSE & GARBAGE COLLECTION
G & H Sanitation
Woodlake Sanitary Service, Inc.
RETAIL CANDY
Eden Prairie Steak Associates
Fannie Farmer Candy Shops
Sears Roebuck & Co.
W. Gordon Smith Co.
DRIVE-IN THEATRE
Northwest Cinema Theatre Corp.
TYPE B FOOD LICENSE
Mark's Eden Prairie Standard
W. Gordon Smith Co.
These licenses have been approved by the department heads
responsible for the licensed activity.
( at o ie, Licensing Clerk
•
•
Overlook Place
RAP
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNFSOTA
Ordinance:3.
81-11
• AN ORDINANCE RELATING O 2CNING AND AMENDING
ORDINANCE NO. 135 .
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS: •
Section 1. Appendix A of Ordinance No. 135 is amended as follows: The
following described property, situated in the County of Hennepin, State of
Minnesota,
See Exhibit A attached hereto and made a part hereof.
shall be and hereby is removed from the R1-13.5 District and shall be
included hereafter in the RM 6.5 District.
Section 2. The above-described property shall be subject to all of the
ordinances, rules and regulations of the City of Eden Prairie relating to the RM 6.5 ,
District.
Section 3. This ordinance shall became 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 6th day of October , 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.
p
Wolfgang H. Fenzel - Mayor
AVI1S'1':
John D. Frane - City Clerk _
( PUBLISHED in the Eden Prairie News on the day of , 1981.
2�G9
I.
C • - -
OVERLOOK PLACE
Hennepin County, Minnesota
Legal description for rezoning to RM 6.5
That Part of the east 5 chains of the Northeast Quarter of Section 27,
Township 116, Range 22 and that port of the West Half of the Northwest
Quarter of Section 26, Township 116, Range 22, which lies easterly and
southerly of YORKSHIRE POINT, according to the recorded plot thereof,
and which lies northerly of the center line of County Road No. 1, Henne-
pin County Highway Plat No. 6, and which lies southwesterly of the follow-
ing described line:
Commencing at the most northerly corner of Lott, Block 2 of said YORKSHIRE
POINT; thence North 34 degrees 16 minutes 17 seconds East, along the
southerly line of Outlot A of said YORKSHIRE POINT, 91.58 feet; thence
North 80 degrees East, along the southerly line of said Outlot A, 253.96
feet to the point of beginning of the line to be described; thence South
43 degrees East, 175.99 feet; thence South 23 degrees East, 249.04 feet;
thence South 4 degrees East, 285.92 feet, to the center line of said
County Road No. 1, and said line there terminating.
•
EXHIBIT A
• • Overlook Place •
10/81
11/81 Revised
DEVELOPER'S AGREE.'•'EOT _. .. _ ._
THIS AGREEMENT, made and entered into as of f V g , 1981
by and between HUSTAD DEVELOPMENT CORPORATION, a Minneso a corporation,
hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a
municipal corporation, hereinafter referred to as "City",
WITNESSETH •
WHEREAS, Owner has applied to City to rezone from R1-13.5 to RM 6.5
approximately 6•acres, situated in Hennepin County, State of Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof
and hereafter referred to as "the rezoned property", and preliminary plat
the rezoned property into 28 lots for construction thereon of duplex
residences aggregating 28 units together with a 3 acre parcel to be platted
into 9 lots for construction thereon of 9 single family residences or an
aggregate of 37 residential units, both of which are referred to as "the
property".
NOW THEREFORE, in consideration of the City adopting Ordinance No.
81-17, and Resolution No. 81-175, Owner covenants and agrees to construc-
tion upon, development, and maintenance of said property as follows:
1. Owner shall plat and develop the property in conformance
with the material dated 10/1/81 reviewed and approved by
the City Council on 10/6/81 and attached.hereto as Exhibit
B, subject to such changes and modifications as provided
herein. Owner shall not develop, construct upon or
maintain the property in any other respect or manner
than provided herein.
2. Owner covenants and agrees to the performance and obser-
vance by Dwner at such times and in such manner as pro-
vided therein of all of the terms, covenants, agreements,
and conditions set forth in Exhibit C. attached hereto
and made a part thereof. •
2VII
Developer's Agreement-Overlook Place page 2
3. Owner shall, at the time of installation of utilities, grade,
seed, plant, landscape and construct a playground structure
upon that portion of the property shown as park, Exhibit B,
according to the specifications setforth in Exhibit D, attached
hereto and made a part hereof.
4. Owner shall not be entitled to nor request building permits
upon Lots 13, 14, 15 and 16, Block 2, until the realignment
construction of Old Co. Rd. 1 is completed.
•
5. Owner shall not nor permit others to construct access for Lots
1 and 2, Block 1, and Lots 11 and 12, Block 2, to Old Co. Rd. 1.
6. Owner shall, prior to any grading or construction upon the
property place a snow fence around the wooded sloping area as
•
depicted on Exhibit B. Owner shall not nor permit others to
disturb the area within the snow fencing.
7. The work to be performed by Owner described in Paragraph 3
hereof, shall be completed in accordance with the provisions
of Paragraph XI, Exhibit C, and Owner shall, prior to the
issuance of any permit to build upon the property furnish to
City a bond as described in Paragraph XI, Exhibit C, except
for the issuance of 1 permit to construct a duplex building
• for a model home and be entitled to submit an application to
the City to move the existing structure located on Lots 7 & 8,
•
Block 1, to a lot abutting Creek Knoll Road, as depicted on
Exhibit B.
In the event that such moving permit is granted, Owner shall
also be entitled to submit to City a building permit applica-
tion to locate the moved structure. This Paragraph shall not
be construed to grant approval for such moving or building
permit.
•
8. Owner shall landscape all multiple units according to Ord. 178.
•
9. Owner shall, prior to final plat, submit to the City's Engineering
Department for approval, a street name for Overlook Place.
10. Owner shall not construct or permit to be constructed duplex
units with the same front facade and unit type unless each
similar unit and facade shall be separated by at least 2 units '
having dissimilar unit types and facades.
11. Owner shall convey by Warranty Oeed that part of the property
shown as park on Exhibit B, outlined in green to the City
immediately upon filing of the plat and prior to issuance of
( any building permits except 1 duplex permit for 2 model units
and be entitled to submit an application to the City to move
the existing structure located on Lots 7 & 8, Block 1, to a lot
abutting Creek Knoll Road, as depicted on Exhibit B.
ac�z �
•
•
Developer's Agreement-Overlook Place page 3
In the event that such moving permit is granted, Owner shall also
be entitled to submit to City a building permit application to
locate the moved structure. This Paragraph shall not be construed
to grant approval for such moving or building permit. Owner shall
' not grade or peimit'to cause to occur any construction upon park,
except as provided herein.
•
•
•
(;
2G73
•
Developer's Agreement-Overlook Place 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
The foregoing instrument was acknowledged before me this day of
1981 by Wolfgang H. Penzel, the Mayor and Carl J.
Jullie, the City Manager of the City of Eden Prairie, a municiapl corporation.
Notary Public
OWNER:
H STT D/0 VELOPMENT CORPOR ION
ill L , /i//��
Wally H�% Hustad, President
d - ider� f
rcx-@�twLr
STATE OF MINNESOTA) J
SS.
COUNTY OF HENNEPIN) /�Y�
The foregoing was acknowledged before me this', day of .114. m, L.
198I by Wally H. Hustad, Presidentsa�
Seem ' ent on behalf of Hustad Development Corporation,.a Minnesota
corporation. D,NIEL B.COOK
• � pou,�nui[-rw+u0�"
NINN[nN COUNTY
xrs
NotaryyPublic
DESCRIPTION FOR OVERLOOK PLACE '
That part of the east 5 chains of the Northeast Quarter of Section
27, Township 116, Range 22 and that part of the West H22fdof fctheed
Northwest Quarter of Section 26, Township 116. Range
as follows: •
•
of County
• Beginning at the%intersection o the
center erline
. 6 with the south-
Road No. 1. Aennepin. County Highway P
erly extension of the east line of Lott77, Bloeikt2, YORKSHIIRRE
POINT, according to the recorded p
assumed bearing of North 2 degrees 30 minutes West,
s00 afeet long
gto j -
the east line of said Block 2, a distance of 360.00
Block the angle point in the easterly line of Lot 2 of _
2; thence North 25 degrees West, along the northeasterly line
to
of Lots 1 and 2 of said Block 2, a distance of 179.13rth 4 feet
IC gre most northerly corner
secondsf said Lot East, along;the thence
southeasterly
genes minutes 17 8 feet; thence.
' line of Outlot A. of said TO�eH outhasterly line of said
North 80 degrees East along the
Outlot A, 253.96 feet; thence North 25 degre6 es EasthalongNohe
southeasterly line of said Outlot A, 13
67 degrees East along the southeasterly line
esof Outlot
East,81637
feet; thence South 21 degrees 32 minutes 54 thence:
westerly feet to the center
said centerline of County Road No.ad No. �1 to the
westerly along
point of beginning.
Dated: 10/16/79
Job f 3853 '
(• ,
• EXHIBIT A
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I 1 � '� I _-N I w:� 1� �.l. \ PLACE-'.I '"i'' Ol ?'
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, I �.[• 11n ti .� }��E —,,,------t—,,,,.._:-.).r �I TJl . \ 6J
-ter,,,--' t �il— ,/it ''' 1
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•
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. .
• • 1/80
• DEVELOPER ' S AGREEMENT
k
EXHIBIT•
C
page 1 of 5
I. Prior to release of final plat, Owner shall submit to the City
Engineer for approval two copies of a development plan (1"=100' scale)
showing existing and proposed contours, proposed streets and lot
arrangements and size, minimum floor elevations on each lot, preliminary
alignment and grades for sanitary sewer, watermain and storm sewer,
100 year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,
location of walks, trails and any property to be 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.
III. Owner shall pay cash park fees as to all of the property required
{ by any ordinance in effect as of the date of the issuance of each.
• building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is$325/single famil.
$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. •
'
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2C']t?
, 1/80
•
Page 2.of 5Exhibit C
V. A. All s.rTftary 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
e eedlar
including of any lien, claim, charge or encumbrance, 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 dad-
261$
• •
1/80
6/81
•
•
' 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 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 1" for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and grade
until such time as the streets and improvements in the property are
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.
•
2(. 19
• 1/80
• 6/81
page 4 of 5 Exhibit C
i .
l VIII. Provisions of this Agreement shall be binding upon and enforceable against
Owner, its successors, and assigns of'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,
equipiog, 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 Paragraph XI ., 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.
2680
. 1/80 •
9/10/80
Page 5 of 5 Exhibit C
•
C Al. 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 void and of no force and effect to the extent
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of'the terms
of this agreement shall be fully enforceable.
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, Naik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center,
Minneapolis, Minnesota 55402.
•
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2G$.I
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10/22/81
. CITY OF EDEN PRAIRIE
SPECIFICATIONS FOR MINI PARKS • •
•
•
PART I - Turfgrass area
A. The developer shall prepare the ground surface area of the mini park by
supplying at least 4" of topsoil over the finished subgrade. Topsoil
shall be of the same quality or better than that of the original site .
and shall be capable of supporting a cultured turfgrass. Topsoil shall
be raked out to a smooth finish prior to seeding. All rocks of 11" and .
larger shall be removed prior to seeding.
•
B. Turfgrass shall be seeded at a rate of 4-5 lbs. per 1,000 sq. ft. Turfgrass
mix shall be as follows:
Park Kentucky Blue Grass 35%
Aquilla Kentucky Blue Grass 15%
• NK 200 Perennial Rve Grass 25%
Ruby Creeping Red Fescue 25%
{ Variations in turfgrass mix shall be approved by Community Services Staff
prior to seeding.
Planting times shall be April-May, August I5-September 15, late October, or
by approval of Community Services Staff.
•
PART II - Play Structure
•
A. Play structure shall be Landscape Structure Tot Lot F according to Catalog'
8 or equivalent and as depicted herein, Structure shall include climbing,
sliding, and swinging devices. All wood components shall be 4"x6" and 6"x6"
redwood, free of heart center. All support posts shall extend below ground
surface to a depth of at least 3'6".
B. Play structure shall be enclosed in a sandlot 20' in all directions from
components of the structure. A barrier shall be constructed to encircle the
sandlot and play structure. The barrier shall be constructed of cedar, red-
wood, penta-treated wood, pressure treated wood or concrete. Barrier shall
have a continuous width of at least 4 inches and extend above the ground at
least 6" and not more than 12". Barrier shall exteneat least 3'6" below
ground surface to prevent frost heave. Sand shall be placed to a depth
of at least 12" throughout sandlot area.
•
EXHIBIT D pale l o'P 3
•
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•
••••
•
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•
1'6' 40' 40' ' •
i•
•
••
020v Wave Sbde
`.
•
001 Tr Swig 0113 Horizontal • '
Ladder 187 Ladder . ..
'. 1 �»11Tn 1_SU H
672' j t0'/3�
..•
. F
_5'!,
< 710 btai structue 4' j
051 Siring Pole • I II
I)8l alar o Beam,3 j
I
•
r 1
19b
(
is
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Pa9 a .a 463
-3- •
M Parks
� N.•.= --— _._--
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P;•"::i III - Access to Mini Parks
A. All accesses to mini parks will be provided with an 6' wide bituminous
pathway location of which will be decided by the Community Services
Director. Pathway shall be a 2" bituminous mat laid over a 4" crushed
limestone base or 4" deep strength asphalt laid over compacted subgrade. ,
Mini parks shall have direct abutment to a City street on at least one
side. _
PART IV - Trde Plantings
A. Trees shall be planted at the rate of 5 per acre in groupings throughout
• the mini park area. Tree plantings shall be from the following varieties:
• (at least 3 types shall be selected) •
Deciduous Evergreen
Hackberry • Scotch Pine '
Ash Austrian Pine
Sugar Maple Red Pine • •
Norway Maple Black Hills Spruce
Red Maple Colorado Green Spruce
Linden Douglas Fir •
Thornless Locust
Oak
Birch .
j Deciduous trees shall be at least lh-2" caliper and evergreens shall be at
least 4-5' in height.
B. Existing desirable overstory tree species may be used as part of the planting.
requirements.
PART V - Maximum Grade _ ______ __.___.__._ - r
A. The maximum grade of slope shall not exceed 6% over 50% of the site.
•
Page 3d3
2014
Wooddale Baptist
Church
CITY OF EDEN PRAIRIE
• HENNEPIN COUNTY. MINNESOTA
Ordinance No. 81-27
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 Public 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 Wooddale Baptist Church , 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 Public 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 17 day of November , 1981 b.nd finally read and
adopted and ordered published at a regular meeting of the City Council of
said City on the daffy of 1981.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk i.
PUBLISHED in the Eden Prairie News on the day of , 1981.
L S
WOODDALE BAPTIST CHURCH
LEGAL DESCRIPTION
•
The North Half of that part of the Southwest Quarter of the
Southwest Quarter of Section 1, Township 116, Range 22,
lying West of State Highway 169, Hennepin County, Minnesota,
and, that part of the Northwest Quarter of the Southwest
Quarter of Section 1, Township 116 North, Range 22 West of
the 5th Principal Meridian, described as beginning at the
Southwest.corner of the Northwest Quarter of said Southwest •
Quarter; thence North along the West line of said Southwest
Quarter to a point distant 1034.21 feet Southerly, as measured
along said West line from the Northwest corner of said South-
west Quarter; thence Easterly defelcting to the right 107
degrees, .15 minutes, a-distance of 186.30 feet; thence Northerly
deflecting to the left 87 degrees, 19 minutes a distance of
813.97 feet to a point on a line parallel with and 40 feet
southwesterly of, as measured radial to, the center line of
County State Aid Highway No. 61, as described in Document No.
3788715, dated June 11, 1969; thence Southeasterly along said
parallel line to the Westerly right-of-way line of US Highway •
No. 169 as described from Line B in Document No. 3821860,
Notice of Amendment to Lis Pendens; thence Southerly, North-
easterly, and Southeasterly along said right-of-way line to the
South line of the Northwest Quarter of said Southwest Quarter;
thence Westerly along said South line to the point of begin-
ning. Subject to slope easements per amended Notice to Lis
Pendens and subject to an easement for Old County State Aid
Highway No. 61.
•
. _
EXHIBIT A • .
•
l'iooddaie Baptist Church
• Dec.8,181
•
DEVELOPER'S AGREEMENT
TilIS AGREEMENT, made and entered into as of , 1981
by and between WOODDALE BAPTIST CHURCH, a Minnesota non-profit corporation,
hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a Minnesota
municipal corporation, hereinafter referred to as "City",
• WITNESSETH:
WHEREAS, Owner has applied to City to rezone, from Rural to Public
approximately 31 acres, situated in Hennepin County, State of Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof
and hereafter referred to as "the property", and
WHEREAS, Owner desires to develop the property for church uses.
NOW THEREFORE, in consideration of the City adopting Ordinance No. 81-27
and Resolution No. 81-229, Owner covenants and agrees to construction upon, •
development, and maintenance of said property as follows:
1. Owner shall plat and develop the property in conformance
with the material dated 9/21/81 reviewed and approved by
the City Council on 11/17/81 and attached hereto as
Exhibit B, subject to such changes and modifications as
provided herein. Owner shall not develop, construct
upon or maintain the property in any other respect or
manner than provided herein.
2. Owner covenants and agrees to the performance and ob-
servance by Owner at such times and in such manner as
provided therein of all of the teens, covenants, agree-
ments, and conditions set forth in Exhibit C, attached
hereto and made a part hereof, except from those terms,
covenants, agreements, and conditions contained in any
Paragraph as Exhibit C which, by its terms does not
apply to this project.
Developer's Agreement-Wooddale Baptist Church page 2
3: Owner shall, concurrent with Phase 1 building construction which
is depicted on Exhibit B, construct 30 hard-surface parking spaces
within the 'east Phase 1 parking area' which is depicted on
Exhibit B. Owner shall hard-surface all parking lots, in accord-
ance with the specifications of the City Engineer, no later than
18 months from the date of building phase completions.
4. Owner shall, prior to any grading or construction upon the
property, place a snow fence in any place where the site is
contiguous with the oak wooded area which is depicted on Exhibit B.
Owner shall not disturb the area within the snow fence nor permit
others to disturb such area.
5. Owner shall not store more than 1 bus on the Phase 1 parking area
which is depicted on Exhibit B. At any time that such bus is
being stored on Phase 1 parking area, Owner shall screen such
bus from adjacent public roads and differing land use districts
as per the specifications of the City Planning Director. Prior
to or in conjunction with completion of construction of the
Phase 2 parking area, which is depicted on Exhibit B, Owner shall
place said bus and additional buses in an enclosed structure.as
per the specifications of the City Building Inspector.
6. Owner shall rough grade the base area for the 8' bikeway to be
{ located adjacent to Flying Cloud Drive as depicted in the approx-
imate location in red on Exhibit B and according to the recom-
mendations of the Community Services Director.
7. Owner shall dedicate to Hennepin County additional right-of-way
for CSAH #61 in accordance with the recommendations outlined in
the October 6, 1981 Hennepin County Department of Transportation
letter attached hereto as Exhibit D.
8. Owner shall, prior to issuance of any permit for
cstructionton
on
the property, prepare a detailed landscaping plan ond
City's approval thereof. Such plan shall include but not be
limited to: screening of the 1 bus described in paragraph 5 herein
and reasonable screening of the parking areas from public roads
and differing land use districts.
9. As a variance from certain requirements imposed by City Ordinance
135, as amended, City authorizes construction of:
A. a 60' high sanctuary peak as depicted on Exhibit E attached
hereto and made a part hereof;
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B. a non-hard-surface 'east Phase 1 parking area' except for 30
parking stalls, as described in Paragraph 3 and that the
• hard-surfacing of the east Phase 1 parking area shall be
completed in conformance with the conditions outlined in
Paragraph 3.
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Developer's Agreement-Wooddale Baptist Church page 3
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10.. Owner shall, according to the specification of the City Engineer,
keep dust and debris from leaving the property during building
construction.
11. Owner shall rough grade, concurrent with Owner's construction of
Phase 2 .parking area, a 6 foot wide pathway commencing at Flying
Cloud Drive, west to the property's western boundary and adjacent
to the Bryant Lake Park, as approximately depicted in red on
Exhibit B. The City shall construct the pathway surface concurrent
with the Hennepin County Park Reserve District's improvements to
Bryant Lake Park adjacent to the property.
12. Owner shall remove all designated diseased trees according to the
recommendations of the City Forester.
13. Prior to the issuance of any permit for building upon the property,
Owner shall provide for the benefit of the City, a bond or letter
of credit in the amount of not less than $66,950.00 guaranteeing
performance of the obligations of Owner in Paragraph 3. Such bond
or letter of credit shall contain such terms and shall be in such
form as shall be acceptable to City. Such bond or letter of credit
shall be of indefinite duration until released by City.
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Developer's Agreement-Wooddale Baptist Church page 4
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IN WITNESS WHEREOF, the parties to this Agreement have caused-these
presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE:
by Wolfgang H. Penzel, Mayor
•
by Carl J. Jullie, City Manager
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1981 by Wolfgang H. Penzel, the Mayors-Carl J.
Jullie, the City Manager of the City of Eden Prairie, a Minnesota mun-
icipal corporation on behalf of the corporation.
Notary Public •
• WOODDALE BAPTIST CHURCH: . •
Maynard •rost, Trustee airman
STATE OF MINNESOTA) '
) SS. •
COUNTY OF HENNEPIN)
. e fore oing instrument was acknowledged before me this 7 day of
�✓ , 1981 by Maynard Frost, Trustee Chairman of Wooddale .
aptist Church, a Minnesota non-profit corpo ion, on behalf of the
corporation.
Notary Pub is
. LESLIE FRAN.CIS STEPPEL
'4 i , NOTARY PUEIIC•MINNESOTA
f VIA./ WASI:It:C*;N COUNTY •
'ti?.,,;✓' Y,C.mmbtlon twh..kr.JO•tW i • 1.
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WOODDALE BAPTIST CHURCH
C • —_ . LEGAL DESCRIPTION •
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The North Half of that part of the Southwest Quarter of the
Southwest Quarter of Section 1, Township 116, Range 22,
lying West of State Highway 169, Hennepin County, Minnesota,
and, that part of the Northwest Quarter of the Southwest
Quarter of Section 1, Township 116 North, Range 22 West of
the 5th Principal Meridian, described as beginning at the
Southwest corner of the Northwest Quarter of said Southwest
Quarter; thence North along the West line of said Southwest
Quarter to a point distant 1034.21 feet Southerly, as measured
along said West line from the Northwest corner of said South-
west Quarter; thence Easterly defelcting to the right 1D7
degrees, 15 minutes, a distance of 186.30 feet; thence Northerly
deflecting to the left 87 degrees, 19 minutes a distance of
613.97 feet to a point on a line parallel with and 40 feet
southwesterly of, as measured radial to, the center line of
County State Aid Highway No. 61, as described in Document No.
3788715, dated June 11, 1969; thence Southeasterly along said
parallel line to the Westerly right-of-way line of US Highway •
No. 169 as described from Line B in Document No. 382186D,
Notice of Amendment to Lis Pendens; thence Southerly, North-
/ easterly, and Southeasterly along said right-of-way line to the
t South line of the Northwest Quarter of said Southwest Quarter;
thence Westerly along said South line to the point of begin-
ning. Subject to slope easements per amended Notice to Lis
Pendens and subject to an easement for Old County State Aid
Highway No. 61.
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EXHIBIT A a491
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33
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- Seot.21.. 1981
f/ 1/80
• DEVELOPER ' S AGREEMENT
• . EXHIBIT C
page 1 of 5
I. Prior to release of final plat, Owner shall submit to the City
. Engineer for approval two copies of a development plan (1"r100' 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 Nine Mile Creek
Watershed District for review and approval. . •
Owner shall follow rules and reconinendationslof said
Watershed District.
III. Prior to the dedication, transfer or conveyance of any real .
. property or interest therein to the City as provided herein.
Owner shall deliver to the City an opinion addressed to the
City by an Attorney, and in a form , acceptable to City, as to
• the condition of the title of such property or in lieu of a
• title opinion, a title insurance policy insuring the condition
of the property or interest therein in the City. The condition of
the title of any real property or any interest therein to be
. dedicated, transferred or conveyed as may be provided herein by
• Owner to City shall vest in City good and marketable title,
therein free and clear of any mortgages, liens, encumbrances,
or assessments.
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Page 2of 5 Exhibit C •
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IV. A. All sanitary sewer, watermain and storm sewer facilities,.,cpncretecurb. _..
l .gutters,sidewalks,streets 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-iiiarantees 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-
2L9`1 A:
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• 1/80
• 6/81
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. • page 3 of 5 Exhibit C
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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 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.
V 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.
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Prior to City accepting streets and improvements, Owner shall have
restored all boulevards according to the obligations contained
within paragraph V 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 :" 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.
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C. The shallond alsor letter guaranteeftheeperformancedin ofOwner'sao hereof
obligations under
this paragraph V.
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V1 . If Owner fails to proceed in accordance with this Agreement within 24
months of the date hereof, Owner for itself, its successors,o and assigns
rl
._+� --• non rn7nnin nf_said oroDerty.to Rural.
• ' 1/80
6/81
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page 4 of 5 Exhibit C
VI1. Provisions of this Agreement shall be binding upon and enforceable against
Owner, its successors, and assigns of the property herein described.
VIII. Doer represents and warrants it owns fee title to the property free
and clear of mortgages, liens, and other encumbrances, except:
IX. 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
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build upon the property. •
X. All improvements including grading, seeding, planting, landscaping,
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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' 1
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 tha times provided,
• upon the conditions, and in accordance with the terms
of this paragraph x , including but not limited
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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 Conunun-
ity Services a written estimate�] ((of the costs 'of the
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• 1/80
9/10/80
Pages of 5 Exhibit C —__—
XI 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.
XII. Any term of this agreement that is illegal or unenforceable at law or in•
equity shall be deemed to be void and of no force and effect to the extent•
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of the terms
of this agreement shall be fully enforceable.
XIII. 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 i
Ordinance (80-33) of the development contemplated by this Developer's i
Agreement. Notice shall be sent to Minnesota Cablesystems Southwest 1
c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4344 ,DS Center,
• Minneapolis, Minnesota 55402.
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DEPARTMENT OF'TRANSPORTATION ••• :
320 Washincton Av. South '1F, `%
Hopkins, Minnesota 55343 •w,.w
HENNEPIN •
TI___
935-3381
October 6, 1981 •
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Mr. Chris Enger
Planning Director •
• City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344 •
Dear Mr. Enger:
RE Proposed Plat - "Wooddale Baptist Church”
CSNI 61 SW Quadrant Flying Cloud Drive
Section 1, Township 116, Range 22
Hennepin County Plat No. 967
• Review and Reconunendations
1 Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review
of• proposed plats abutting County roads. We reviewed the above plat and found
it acceptable with consideration of these conditions:
-The developer should dedicate additional right of way to make the minimum right
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of way 50 feet from the center of CSNI 61. The approximate right of way
dedication is shown on Attachment 1.
-The proposed access to CSAH 61 meets minimum sight distance requirements.
-As development increases along CSAH 61 and median is installed on CSAH 61 to
help control traffic movement, a median opening at the location of the proposed.
CSAH 61 access to this plat cannot be guaranteed. If an access to the property
north of this plat is directly opposite the proposed Wooddale Baptist access
to CSNI 61 a median opening is more likely.
-Any new access to a County road requires an approved Hennepin County entrance
. permit. See our Traffic Division for entrance permit forms.
•
-Since the plat abuts 71I 169/212, it must receive Mn/DOT approval.
-All proposed construction within County right of way requires an approved utility .
permit prior to beginning construction. This includes, but is not limited'to,
drainage and utility constriction, trail development, and landscaping. See our
Maintenance Division for utility penult forms.
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HENNEPIN COUNTY
EXHIBIT D page 1 of 3 W/0 on equal opportunity employer
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Mr. Chris Enger - 2
October 6, 1981 •
-The developer must restore all areas disturbed during construction within County
right of way.
Please direct any response or questions to Les Weigelt.
Sincerely, •
•
James Dt. Wold, P.E.
Chief, Planning and Programming
By:
Les D. Weigelt •
Planning and Programning •
J141/LDW:pj •
Attachment •
cc: Brauer & Assoc. Ltd., Inc.
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Exhibit D , page 2 of 3
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EXHIBIT E 7701 •
• OeLaria's
Kentucky Fried Chicken
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
•
Ordinance No. 81-26
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,
the north 125.5 feet of Lot 2, Block 2, Eden Glen Addition
shall be and hereby is removed from the Rural Oistrict
and shall be and hereafter is included in the Commercial-Regional-Service
District.
Section 2. The above described property shall be subject to the terms
and conditions of that certain Developer's Agreement dated as of ,
1981 between DELARIA'S KITCHENS, INC., and the CITY OF EDEN PRAIRIE, which
Agreement is hereby made a part hereof and shall further be subject to all of
the rules and regulations of the City of Eden Prairie relating to the Commercial-
Regional-Service Oistrict.
Section 3. This ordinance shall become effective from and after its
passage and publication.
FIRST REAO at a regular meeting of the City Council of the City of Eden
Prairie on the 17 day of November, 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
PUBLISHEO in the Eden Prairie News on the day of , 1981.
•
DEVELOPER'S AGREEMENT
THdS AGREEMENT, made and entered into'as of , 1981
by and between DEI_ARIA'S KITCHENS, INC., a Minnesota corporation, here-
inafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal
corporation, hereinafter referred to as "City",
WITNESSETH:
WHEREAS, Owner has applied to City to rezone from Rural to C-Reg-
Ser approximately .8 acres, situated in Hennepin County, State of Minnesota,
more fully described as" the north 125.5 feet of Lot 2, Block 2, Eden Glen Addition
and hereafter referred to as "the property", and
WHEREAS, Owner desires to develop the property for construction thereon
a building for use as a restaurant.
NOW THEREFORE, in consideration of the City adopting Ordinance No.
81-26, and Resolution No. 81-228, Owner covenants and agrees to construction
upon, development, and maintenance of said property as follows:
1. Owner shall plat and develop the property in conformance
with the material dated 10/5/81 reviewed and approved by
the City Council on 11/17/81 and attached hereto as -
Exhibit A, subject to such changes and modifications as
provided herein. Owner shall not develop, construct
upon or maintain the property in any other respect or
manner than provided herein.
2. Owner covenants and agrees to the performance and ob-
servance by Owner at such times and in such manner as pro
vided therein of all of the terms, covenants, agreements,
and conditions set forth in Exhibit B, attached hereto
and made a part hereof, except from those terms ,
covenants, agreements, and conditions contained in any
paragraph'as ExhibitB which, by its terms does not
apply to this project.
.
•
Developer's Agreement-Delaria's Kentucky Fried
Chicken page 2
•
3., Owne'r shall construct all signs, ,landscaping, parking, and
building design according to the Eden Glen PUD dated February
12, 1981 . , the Eden Glen Design Framework Manual , and the
DeLaria's Kentucky Fried Chicken Development Proposal dated
Oct. 5, 1981, attached thereto.
4. Prior to any grading orutility work upon the property, Owner shall
prepare detailed utility and grading plans, and obtain the City
Engineer's approval thereof.
5. The final plat shall designate the street "Eden Glen Road" as
Glen Road as depicted on Exhibit A.
6. Owner shall, concurrent with construction upon the property and
prior to completion of the building to be constructed on the
property, construct the following:
a. A five foot wide 4 inch thick concrete sidewalk within
the fright-of-way and east of the driving surface of
Glen Road as depicted in red on Exhibit A and in accord-
ance with specifications of the City Engineer.
b. Five foot wide 4 inch thick concrete sidewalks from
Glen Road to and adjacent to the building to be con-
structed upon the property as depicted in re.d on
` Exhibit A and in accordance with specifications of the
L pity Engineer.
•
i -
( .
a ,.
•
•
Developer's Agreement-Delaria's Kentucky Fried
Chicken • page 3
IN WITNESS WHEREOF, the parties to this Agreement have caused these
' presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
•
•
by Wolfgang H. Penzel, Mayor
•
by Carl J. Jullie, City Manager
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
1981 by Wolfgang H. Penzel, the Mayor and Carl J.
Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal
corporation on behalf of the corporation.
Notary Public
•
DE RIA' KITCHENS, I
.1011[0
by Do ald G. Delaria,'Pres'ent
STATE OF MINNESOTA) • •
) SS.
COUNTY OF HENNEPIN)
The regoing instrument was acknowledged before me this /0 day of
-4t 1981 by Donald G. Delaria, the President of Delaria's •
Kitchens, Inc. , a Minnesota corporation, on behalf of the corporation.
• tit
ry Pub ic�
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••
•
•
. 1/80
• DEVELOPER ' S AGREEMENT
•
• • • EXHIBIT•
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.
III. Owner shall pay cash park fees as to all of the property required
by any ordinance in effect as of the date of the issuance of each
• building permit for construction on the property. Presently,
•
the amount of cash park fee applicable to the property is
• $1,400.per acre . The amount to be paid by Owner shall be increased
or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
of the issuance of any building permit for construction on the
property.
IV. Prior to the dedication, transfer or conveyance of any real
property or interest therein to the City as provided herein,
Owner shall deliver to the City an opinion addressed to the
City by an Attorney, and in a form , acceptable to City, as to
the condition of the title of such property or in lieu of a
• title opinion, a title insurance policy insuring L.he 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.
•
•
p1ofi
Page 2 of 5 Exhibit B
V. A. All sani•ary sewer, watermain and storm sewer facilities, concrete curb,
guttgrs,sidewalks,streets 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 cor-
• pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
i 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 improvere.:ts 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
2'708
6%a1
1page 3 of 5 Exhibit (1 •
` • 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 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 y
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). y
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
a curb line and rise le 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. i
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.
27(A
1/by
6/81
page 4 of 5 Exhibit e '
YII1. Provisions of this Agreement shall be binding upon and enforceable against
Owner, its successors, and assigns of 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:
or
X. In the event streets, and ifepermanent street re are or will esigns thave enot been installed,2 Ow more
Owner
. shall install temporary street signsinto accordanceace withorecom endations
of the City Building Department, prior
build upon the property. lanting, landscaping,
XI. All improvements including grading, seeding, p
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 freeeandoclearaofranyr
lien, claim, change, or encumbrance, including any for
services rendered in connection therewith or material or equipment sup-
plied therefore on or before the Ulatecompletionaand from
ttanhe cete Ownereof
or19 defect in materials
warrants and guarantees theimprovementsainst anyng said completion
( or workmanship for a period of two (2) years
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 determine the Dthece Direct r
of Community Services. Acceptance of improvements by
t 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
iconstruction nnofballdil mprovr-
ments. Prior to final plat approval, or
1 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
nacance wittht the
mierds
of this . paragraph XI including
to, a guarantee against defects in materials or rorkman-
ship for a period of two (2) years following comple-
tion and the extension of the period to three (3) ye,
in the event of any defect during said 2 year p
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
Difether
( improvements after acceptance thereof by
theof Community Services. The bond or letter of credsions
- shall be in such form and contain such other p'
and terms as may be required by the Director of Coshall
munity Services. The Owners registered engineer
' make and submit for approval to the Director of Commun-
ity Services a written estimate of the costs of the
' improvements. 2110
•- 1/80
9/10/80
( Pa e 5 of 5 Exhibit 8
XII, Odner 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
eailmeo at law.
s tOwner nerfa agrees,es
therefore, that in the event he violates, at to perform
option,om
Covenant, condition or provision made herein, City may,
institute and prosecute an action to specifically enforce performance of
• such covenant. No remedy conferred in this agreement is intended to be
other remeddy.
each
T he election oumanytive one ordmorelremediesl be in ashallon notoconst constitute other remedy.
• a waiver of any other.remedy.
l or
eable
t law
XII1. Any trhalltbesdeemedmtotbe�tvOidt isandill ofa no forcenandceffectato theo
nesyextent
s
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. writtenShall,
noticertor to the MinnesotaCablesystemsmencement fSouthwet improvements,aMinnesotavide
Limited
Partnership, the franchisee under the City's Cable Communication
IC Agrement (SNotice shall be33) of the vsentn�totMinnesotaated Cablesystems this DSouthwests
Agreement.op
c/o Popham, Iiaik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center,
Minneapolis, Minnesota 55402.
•
•
_ .. _.:.. dw,• A
1
•
Preserve Condos 3 6 4
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 81-21
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,
Lot 2, Block 1, and Outlot A, Preserve Center
shall be and hereby is removed from the Rural District
and shall be included hereafter in the RM 2.5 • 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 PRAIRIE LAKES 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 RM 2.5 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 6 day of Oct., 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.
Zit
Preserve Condos.
10/81
•
DEVELOPER'S AGREEMENT •
THIS AGREEMENT, made and entered into as of , 19B1
by and between PRAIRIE LAKES CORPORATION, a Minnesota corporation,
hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a muni-
cipal corporation, hereinafter referred to as "City",
WITNESSETH:
WHEREAS, Owner has applied to City to rezone from Rural to P11 2.5 •
approximately 8 acres, situated in Hennepin County, State of Minnesota,
more fully described as Lot 2, Block 1, and Outlot A, Preserve Center and
hereafter referred to as "the property", and
WHEREAS Owner desires to develop the property as 2 condominium
•
buildings each containing 62 units for an aggregate of 124 condominiums.'
NOW THEREFORE, in consideration of the City adopting Ordinance No.
•
81-21, and Resolution 81-201, Owner covenants and agrees to construction
upon, development, and maintenance of said property as follows:
1. Owner shall plat and develop the property in conformance
• with the material dated 8/7/81 reviewed and approved by
the City Council on 10/6/81 and attached hereto as •
Exhibit A, subject to such changes and modifications as
provided herein. Owner shall not develop, construct upon,
or maintain the property in any other respect or manner
than provided herein.
2. Owner covenants and agrees to the performance and obser-
•
vance by Owner at such times and in such manner as provided
therein of all of the terms, covenants, agreements, and
conditions set forth in Exhibit B, attached hereto and
made a part thereof.
•
•
{
•
Developer's Agreement-Preserve Condominiums page 2
C •
3. Owner shall, prior to building penirit issuance, submit to the
City, a detailed landscaping plan and obtain the City's approval
thereof. Such plans shall include but not be limited to:
a: Screening of parking areas from streets.
b. Landscaping and construction schedule for the Neill
Lake trail system.
4. Owner shall, prior to grading or construction, revise the
grading plan and obtain, the City's approval of such revisions.
Such revisions shall include but not be limited to the following: •
a. Entry drive location.
• b. Reduction of cuts into the western knoll by the
western building.
c. Improvement of sight lines.
d. Pond grades and volume computations.
e. Side lot lines shall be at least 10' from hardsurface
drives and parking areas. •
•
5. Owner shall not construct nor allow others to construct any
outdoor structures used forlighting purposes which is higher than 20feet.
All outdoor structures used for lighting purposes shall be
equipped with cut-off luminars.
•
Developer's Agreement-Preserve Condominiums • page 3
C IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed as of the day and year aforesaid.
• CITY OF EDEN PRAIRIE:
•
by Wolfgang H. Penzel, Mayor
by Carl J. Jullie, City Manager
STATE OF MINNESOTA)
SS. •
COUNTY OF HENNEPIN) •
•
The foregoing instrument was acknowledged before me this day of
, 1981 by Wolfgang H. Penzel, the Mayor and Carl J.
Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal
corporation on behalf of the corporation.
• Notary Public
•
PRAT IE LAK' CORPORA ION:
by William G. Bale, President
STATE OF MINNESOTA)
) SS. •
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before'me this /O— day of
, 1981 by William G. Bale, the President of
Prairie Lakes Corporation, a Minnesota corporation, on behalf of the cor-
poration.
Notary Pu
� MARY ELLEN LEHMAN
NENNCPIN N
OTARY PUOLIC
�ra. N COUNTY
MY corwls,.Ioa,y MINNO( �Ix[ APR.CO,il IYp{TA
1 i
a11S
', • 1/80
DEVELOPER ' S AGREEMENT
. EXHIBIT 8 •
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)
shorting 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. .
•
III. 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.
i/ou
•
Page 2 of 5 Exhibit 8
IV. A. Alf'S'ahitary'sewer; watermain and storm sewer facilities, concrete curhx.,
,gutters,sidewalks,streets 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-
1/80
• 6/81
•
• page 3 of 5 Exhibit 6
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 subyrade
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 he 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.
V . 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 Hay 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 13+ inches measured perpendicular with the
curb or in lieu of ,id 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 V,' 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 swalcs serving each 1.5 acres a
minimum distance of 6 feet on either side of the center of the
swale.
di
C shallo also rguarantee letter fthe e performancedofn Owner's paragraobligation hereof sunder
this paragraph VI.
VI , 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 pro)mgty to Rural.
1/80
5/81
page 4 of 5•
Exhibit 8
VII . PYovisions of this Agreement shall be binding upon and enforceable against
Owner, its successors, and assigns of'the property herein described.
VIII. Owner represents and warrants it owns fee title to the property free
and cigar of mortgages, liens, and other encumbrances, except: .
IX. /ln the event there are or will be cons rutted on the property, 2 or more
treets, 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.
X . All improvements including grading, seeding, planting, landscaping,
•
equipirrg, 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 Conrnunity Services. Acceptance of improvements by the Director of
Conrnunity 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 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 Conmun-
ity Services a written estimate of the costs of the
improvements. '
• 2'719
• . • 1/II0
9/10/10
Page 5 of 5 Exhibit 6
•
XI . 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. •
XII'. Any term of this agreement that is illegal or unenforceable at law or in
equity shall be deemed to be void and of no force and effect to the extent
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of the terms
of this agreement shall be fully enforceable.
XIII. 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, Schncbrich and Doty, Ltd., 4344 IDS Center,
Minneapolis, Minnesota 55402.
•
•
•
zfiae)
UCVCMUCu 1J, 1JIJ1
•
CITY OF EDEN PRAIRIE
HENNEPIN•CDUNTY, MINNESOTA
•
RESOLUTION NO. R81-244 = —_
C •
• A RESOLUTION APPRDVING FINAL PLAT
OF EDEN GLEN 2ND ADDITION
•
WHEREAS, the'plat of EDEN GLEN 2ND ADDITIDN has been sub- .
mitted in the manner required for platting land •ender the Eden Prairie Ordinance
Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been
duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and
the regulations and requirements of the laws of the State of'Minnesota and ordin-
ances of the City of Eden Prairie.
•
NOW, THEREFORE, BE IT RESDLVEO BY THE CITY COUNCIL'OF THE CITY OF •
EDEN PRAIRIE:
•
•
A. Plat Approval Request for Eden Glen 2nd Addition is approved
upon compliance with the recommendation of the City Engineer's
Report on this plat dated December 7, 1981.
•
B. That the City Clerk is hereby directed to file a certified copy of
•
this resolution in the office of the Register of Deed and/or Regis-
•
trar of Titles for their use as required by MSA 462.358, Subd. 3.
C. That the City Clerk is hereby directed to supply a certified copy .
• of this Resolution to the owners and subdividers of the above named
• plat.
•
• D. That the Mayor and City Manager are hereby authorized to Execute
•
the certificate of approval on behalf of the City Council upon com-
•
pliance with the foregoing provisions.
ADOPTED by the City Council on December 15, 1981.
Glolfgang H. Penzel, Mayor
ATTEST: SEAL
•
John D. Frane, Clerk '
• •
2721
December 15, 1981
CITY OF EDEN PRAIRIE
+
• ENGINEERING REPORT ON FINAL PLAT
TO: Mayor Penzel and City Council Members
THROUGH: Carl Jullie, City Manager
Eugene A. Dietz, Director of Public Works
FROM: Dave Olson, Engineering Technician
DATE: December 7, 1981
•
SUBJECT: EDEN GLEN 2nd ADDITION
PROPOSAL: The developer, Jesco, Inc., is requesting City Council approval
of the final plat of Eden Glen 2nd Addition. This plat consists
of two lots and is a replat of Lot 2, Block 2, Eden Glen. The
location is south of Eden Road, west of Flying Cloud Drive and
east of Glen Lane in the North of Section 14. Lot 1, Block 1
containes 0.8 acres intended for use by Delaria's Kentucky Fried
Chicken. Lot 2, Block 1 will be rezoned and divided as development
warrants.
HISTORY: PUD concept approval for commercial and office use was granted by
the City Council on February 17, 1981, per Resolution R81-36.
l The preliminary plat was approved by the City Council on November
17, 1981, per Resolution R81-228.
Rezoning to Regional Service Commercial of 0.8 acres for Delaria's
Kentucky Fried Chicken is scheduled for final reading by the City
Council on December 15, 1981.
VARIANCES: All variance requests must be processed through the Board of Appeals.
UTILITIES
AND The requirements for the installation of municipal utilities, streets
STREETS: and walkways are covered in the Developer's Agreement and have been
previously installed.
PARK The requirement for park dedication are covered in the Developer's
DEDICATION: Agreement.
BDNDING: The requirements for bonding are covered in the Developer's Agreement.
RECOMMENDATION: Recommend approval of the final plat of Eden Glen 2nd Addition
subject to the requirements of this report, the Developer's Agreement
and the following:
1. Satisfaction of bonding requirements.
2. Execution of the Developer's Agreement.
2122
MEMO
TO: Mayor and City Council
THORUGH: Carl Jullie, City Manager
FROM: Eugene A. Dietz, Director of Public Works
DATE: December 8, 1981
RE: Sunnybrook Road Improvements, Change Order Number 1,
I.C. 51-381
This change order is for work accomplished by Kenko Incorporated during the
construction of the sanitary sewer in Sunnybrook Road. These items are
minor modifications that were deemed necessary during construction and are
being paid for on a time and material basis since no unit prices were
established during the bidding procedure. The prices are fair for the work
that was involved on these modifications and I therefore recommend approval
of Change Order Number 1.
EAD:sg
( •
2gay
CHANGE ORDER
•
N0. 1 •
'.__ _ -_ .__. .-- ' . _ _ .-._ DATED Nov. 17, 1981 • '
•
PROJECT: Sunnybrook'Road ENGINEER'S PROJECT NO.
OWNER: City of Eddn Prairie • CONTRACT DATE:
OWNER'S PROJECT NO. 51-381 • •
TO: •
_— KENKO CONSTRUCTION CO. CONTRACTOR
You are directed to make the changes noted below in the subject contract:
'OWNER: City of Eden Prairie BY:-Carp•:Tu-fTie, Ci.tv,Ianner
•
'.BY — -
Wolfgang H. Penzel, Mayor - - .
DATE: .•
•
Nature of the Change:
1. Remove outside drop /81 2 hrs @ $325.00 $650.00
�. 2. Remove outside drop 2 hrs @ $325.00 $650.00
3. 52 hrs. tapping 5 sewer wyes into mains @ $325.00 $1787.50
•
4. Pour invert into existing M.N. $100.00 .
$3187.50
_
The changes result in the following adjustment of contract price and time:
115,973.85
Contract Price Prior to this Change lyder • $
•
Decrease Resulting from this Change Order $ 3;187.50 -
t�et (Increase) (Decrease) .
1.25 119,16
Current. Contract Price including This Change Order '$
Date. - Calendar Da)"}
Contract TIM Prior to This Order
WtXXW06X0)XXIpLcXYMMXTUXKI A4XFAXIXXMMIi7NY}'t>rJO3(fi* E2151t Yilt-XJO+:Date •
Current Contract $XM Including This Change Order
Calendar Day
• The above changes are approved: , The Above Changes are Accepted:
X
X L`.L/ l)T G
Contractor /
g Engineer ; //�� /,
By: • /' //— z•3—S'/
GATE:._ ___ .
919S
•
. • MEMO .
TO: Mayor and City Council
THROUGH: Carl Jullie, City Manager
FROM: Eugene A. Dietz, Director of Public Works
DATE: December 8, 1981
RE: Round Lake Area Utilities, Change Order Number 1,
I.C. 51-315 and I.C. 51-351
This project has been complete for some time but has remained open due to
some unresolved deficiencies with the sanitary sewer, This change order
summarizes the modifications necessary during the course of the contract
and provides for deduct of $5,000 for what was determined to be an error
made by the contractor.
After the sanitary sewer was constructed, it was found that a short segment
of the line was depressed so that a small amount of water can stand in the
lowpoint. After a thorough analysis by our consultant and a great deal of
discussion with the contractor, it was determined that the contractor was at
fault. Although the.sewer will function substantially as it was designed,
a slightly increased maintenance schedule will be required. The deduct is
therefore recommended to offset this increased maintenance activity. I
therefore recommend the Change Order be approved as submitted. •
EAD:sg
•
•
•
2724,
Page 1 of 2
•
• CHANGE ORDER NO. 1 ~'
DECEMBER 1, 1981
PROJECT: Round Lake Area Utilities
City of Eden Prairie
Improvement Contract 51-315 & 51-351
RCM File 791004 & 791006
TO: Northern Contracting, Inc.
. You are directed to make the following changes to your contract
for the above referenced project.
NATURE OF THE CHANGE:
Modify the contract quantities in accordance with the following
schedule:
Unclassified Excavation Add 1292 CY @ $2.00 $ 2,584.00
Stabilization Fabric Add 2313 SY @ $1.50 3,469.50
4 Class 2 Aggregate Base Add 5772.8 Tons @ $5.75 33,193.60
Deduct for Depressed
Gradeline of Sanitary
Sewer in Vicinity MH 7 Deduct 1 LS (S,ODO.00L
TOTAL Add $34,247.10
JUSTIFICATION:
The added quantities adjust for street subgrade condition at the
time of construction. The deduct reflects potential future
maintenance costs attributable to the.depressed sanitary sewer
gradeline at MH 7.
SUMMARY OF CONTRACT ADJUSTMENTS:
Contract Amount Prior to this Change Order $710,765.60
Increase Resulting from this Change Order 34,247.10
Current Contract Amount Including this
Change Order 745,012.70
•
27 a')
Change Order No. 1 Page 2 of 2
•• Round Lake Area Utilities
THE ABOVE CHANGES ARE APPROVED:
RIEKE CARROLL MULLER ASSOCIATES, INC. CITY OF EDEN PRAIRIE, MINNESOTA
By By
Date Date
THE OVE CHANGES ARE EPTEO:
NORT -RN CON RACTI:G, C.
B _
Date v
•
•
•
•
(
•
•
December 15, 1981
CITY OF EDEN PRAIRIE
• HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R81-245
RESOLUTION RECEIVING PETITION ANO ORDERING
FEASIBILITY REPORT FOR KILMER AVENUE AND
ATHERTON WAY
WHEREAS, a petition has been received and it is proposed to make
the following improvements;
I.C. 52-013, Sewer and water improvements in Kilmer Avenue and
Atherton Way
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 feasibility of the proposed improvements.
•
ADOPTED by the Eden Prairie City Council on Oecember 15, 1981. •
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
•
John D. Frane, Clerk
•
z�a9
CITY OF EDEN PRAIRIE, MItNNESOTA ,, •
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(•s):
(General Location) 7 5 I 1
r "cr;1^et s(:.ro K;(••r'Y 't ,o
Sanitary Sewer r r o�• r -
1/ Watermain mend PcYi 40.o,e jVia:•a ki�o'r, 176-1•I
i
• Storm Sewer
- Street Paving
Other 11
Street Address or Other n 2 1•°Q O -
P 3
Legal Description of Names of Petitioners "1 J
ro rty to be Serveve
d (Must //Be''Proper�/tt/y Owners,
4 THFB1_nm W'. 1 ,ill -- =— `�
�Gd fit - -- - T---
`�/L/U FII�lu�J fit/3 /— �—`=(.Z''L� 1, T r fl it ��
175W( ettrME ttic S. \ ..�_.L4_Q
1 ' T�J,. �Un, 1_rir • �JlC--eii t , :-a-� - C/
ff 1\Jl a �/ /,
�1 ( e- �.r;. k2±1.0(�, -r'-•�-t 41). 9 l" -..,.�(
_121
I
7
• 1
g
1
(For City Use)
( 'Date Received ' • iZ-3-$(
• Project No. 6Z-oi1 '
Council Consideration /2vS-8/
MEMO
•
TO: ' Mayor Penzel and City Council Members
THROUGH: Carl Jullie, City Manager
FROM: Eugene A. Dietz, Director of Public Works (jti,
DATE: December 8, 1981 L
RE: Vacation of West 72nd Street
Between CSAH 4 and Duck Lake Road
As part of the Round Lake site improvement--- school and park --- it was
agreed that Valley View Road would take the place of West 72nd Street. Since
that project is complete, it is timely to consider the vacation of 72nd Street.
The December 15 agenda contains the details necessary for Council to set a
public hearing for that process to begin.
The State Statute dictates that a public hearing be held for a vacation.
The City Attorney's office is reviewing the specific legal requirements
regarding notice, etc. It is therefore recommended that the public
hearing be set for January 19, 1982 at 7:30 P.M.
EAD:sg
2131
December 15, 1981
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION R81-246
RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN
THE CITY OF EDEN PRAIRIE, C&NW RAILROAD AND
MN/DOT FOR INSTALLATION OF RR SIGNALS AT
RILEY LAKE ROAD
•
BE IT RESOLVED, that the City of Eden Prairie enter into an
Agreement with the Chicago and North Western Transportation Company and the
Commissioner of Transportation for the installation and maintenance of
railroad crossing signals at the intersection of Riley Lake Road with the
tracks of the Chicago and North Western Transportation Company in Eden Prairie
and appointing the Commissioner of Transportation agent for the City of
rden Prairie to supervise said project and administer available Federal Funds
in accordance with Minnesota Statute, Section 161.36 (1980). The City of
Eden Prairie's share of the cost shall be 10 percent of the total cost.
BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they
I are hereby authorized to execute said agreement for and on behalf of the
! City of Eden Prairie.
ADOPTED by the Eden Prairie City Council on December 15, 1981.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
.
2'132
•
AGREEMENT NO. 60388
41 DATED:
� - S.P.'27-00155 •
Minn. Proj. RRS RRP-0025(8)
Railroad Crossing Signals
Riley Lake Road
•
Eden Prairie, Minnesota
HENNEPIN COUNTY
CHICAGO AND NORTH WESTERN
• TRANSPORTATION COMPANY
•
AGENCY FUNDS
THIS AGREEMENT, made and entered into by and between the CITY OF EDEN
PRAIRIE, hereinafter called the "City", the CHICAGO AND NORTH WESTERN TRANSPOR-
TATION COMPANY, hereinafter called the "Company", and the COMMISSIONER OF •
TRANSPORTATION, STATE OF MINNESOTA, hereinafter called the "State", WITNESSETH:
WHEREAS, the Federal Highway Administration, when acting in cooperation
with the Transportation Department of the State of Minnesota, is authorized by
Act of Congress to make Federal Aid available for the purpose of eliminating
hazards at railroad grade crossings within the State of Minnesota; and
' WHEREAS, the State, pursuant to Minnesota Statute, Section 161.36 (1980),
is authorized to cooperate with the United States Government in supervising
improvements of public highways within the State of Minnesota not included in
the trunk highway system, and to act in disbursing and accounting for Federal
Funds in connection therewith; and
WHEREAS, Riley Lake Road, as now established, crosses the track of the '
Company at grade in Eden Prairie, Hennepin County, Minnesota, the location of
said crossing and railway track being shown on the print hereto attached,.
marked Exhibit "B", and herein referred to and made a part of this agreement;
and
WHEREAS, the City and the Company desire that this grade crossing be
( protected by railroad crossing signals, flashing light with gates type, and
•
O 1.-
�7�� '
•
AGREEMENT NO. 60388
the Company is willing to install, maintain and operate such signals upon the
terms and conditions hereinafter stated.
NOW, THEN, IT 1S AGREED:
1. The State of Minnesota, Department of Transportation, "Standard
Clauses for Railway Highway Agreements", dated September 1, 1980, is attached
hereto as Exhibit "A", and hereinafter referred to as "Standard Clauses".
Except as hereinafter expressly modified, all of the terms and conditions set
forth in the "Standard Clauses" are hereby incorporated by reference and made.
a part of this agreement with the same force and effect as though fully set
forth therein.
Standard Clauses Nos. 1, 2, 3, 4, 5, 8a, 10 and 11 are deleted from this
agreement.
2. The Company shall furnish all material for and with its regularly
employed forces install a complete railroad crossing signal system op Riley Lake
Road, as indicated on attached plan marked Exhibit "8". The placement of the
signals shall be in•accordance with Part VIII of the Manual on Uniform Traffic
Control Devices (MUTCD). Detailed plans, specifications and the work to be
done shall be subject to the approval of the Department of Transportation of
the State of Minnesota.
Work of•installing this signal system shall be prosecuted so as to be
completed within 12 months after the date the Company is authorized to begin
work.
If the Company shall determine it impossible to complete the work within
the period herein specified, it shall make a written request to the State for
an extension of time for completion, setting forth therein the reason for such
extension.
1 " - 2
•
•
AGREEMENT NO. 60388
it3. . The actual costs of the project herein contemplated, including pre-
liminary engineering costs, are to be financed with 90% Federal Funds and 10%
City Funds. The State and City will reimburse the Company as provided herein
. for only such items of work and expense as arc proper and eligible for payment
•
with Federal Funds. Only materials actually incorporated into the project
will be eligible for Federal reimbursement.
The State's 90% portion (reimbursable with Federal Funds) will be paid to
the Company in accordance with Article 9 of the Standard Clauses, Exhibit "A".
The City's 10% portion will be paid to the Company when the project has
been completed and the Final Bill has been approved by the State.
It is understood that the following estimate is for informational purposes
only. The estimated cost of the work to be done by the Company hereunder with
its own equipment and regularly employed forces and in accordance with the
Company's agreements with such regularly employed forces is as follows and in
further accordance with detailed estimate attached hereto and marked Exhibit
"C".
• a:
•
• D
Material $30,100.00
Labor (Including Additives) $26,810%00
Contingencies $ 5,690.00
TOTAL ESTIMATED COST $62,600.00
•
Portion of costs allocated to
the City of Eden Prairie (10%
of actual cost.) , $ 6,260.00
Reimbursable with
Federal Funds . . $56,340.00
- 3
2 9i •
•
•
•
•
•
• AGREEMENT N0. 60388
• —= „�.
4. In the event it is determined that a change from the foregoing
statement of work to be performed by the Company is required, it shall be
authorized only by a written change or extra work order issued by the State
prior to the performance of the work involved in the change.
S. The said grade crossing signal system shall be maintained and operated
by the Company upon completion of its installation, but this said obligation
to maintain said signal system shall continue in accordance with the law of
the State as it shall be from time to time in the future. •
6. The signal system shall not be removed unless there has been a
determination that said signals are no longer required at this location. If
the signals are to be removed, the Company upon request of the State shall
reinstall it at some other crossing withiu the State on the Company's tracks.
The.location and division of cost of such relocation shall be agreed upon
between the Company and the State prior to such removal.
In the event that either railway or highway improvements will necessitate
a rearrangement of the signals at said crossing, the party whose improvement
causes said changes will bear the entire cost of the same without obligation
to the other.
•
•
•
• AGREEMENT NO. 60388
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
duly executed.
•
Attest: CITY OF EDEN PRAIRIE
By: .
City Comptroller Mayor
By: • •
City CIerk
• CHICAGO AND NORTH WESTERN
TRANSPORTATION COMPANY
•
•
• By:
•
•
•
•
•
STATE OF MINNESOTA
Recommended for Approval: COMMISSIONER OF TRANSPORTATION
By:
.Ianager, Railroad Operations Assistant Commissioner
Pub Iic Transportation
• Dated: , 19
. Approved as to Form and Execution: AI'PROVED:
DEPARTMENT OF ADMINISTRATION
By: .
Special Assistant Attorney General Authorized Signature
- S a`132 •
• .
•
•
•
•
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
STANDARD CLAUSES "
.{ rl
FOR
RAILWAY-HIGHWAY AGRE:E14'r]1PS
•
SEPTEKBER i, 1980
1. The State will review plans and specifications for the con-
struction of the grade separation structure and approve the separation of
grades of the tracks of the Company and of the trunk highway, as shown in
the plans and specifications referred to in this agreement.
•
2. The State agrees to let a contract pursuant to law for the con-
struction of the highway project referred to in this agreement, in accordant
with said plans and specifications referred to in this agreement.
3. The State agrees that all work provided to be done by the Stat:
on the right of way of the Company shall be performed and completed in
accordance with said plans and specifications in a manner satisfactory to
the Chief Engineer of the Company., or his authorized representative. The
State agrees that any contract let by it, for the performance of any constru
tion work contemplated by this agreement, will require the contractor to •
comply with all of the provisions relating to work on railroad right of way
contained in "Minnesota, Department of Transportation,, St. Paul, Standard S;,
fications for Highway Construction", dated January 1, 1978, to furnish to tL
Company a Railroad Protective Liability Insurance Policy and to carry regul-_
Contractor's Public Liability and Property Damage Insurance, both as specif_
in the Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 2,
Subsection 2, and having limits of liability, as specified in the specifica-
tions and special provisions referred to in this agreement. Said Railroad
Protective Liability Policy and evidence of said Contractor's Public Liabil `
and property Damage Insurance, executed by an insurer qualified to write
such policies in the State of Minnesota, shall be delivered to the Company
prior to the entry upon or use of the Company's property by the Contractor.
4. The State reserves the right to make such changes in the plans
or character of the work, as the work under the contract progresses, as shah.
in the Commissioner of Transportation's judgment, be reasonably necessary to
cause the agreed highway project to be in all things co.istructed and complet
in a satisfactory manner, and to that end, and as supplemental to any contra:
let for the construction of said project, to enter into any supplemental
agreement with the contractor for the performance of any extra work or work
occasioned by any necessary, advantageous or desirable change in the plans.
• Any such changes in plan or the character of work, involving the Company's
facilities or property, will be subject to the approval of the Company.
•
EXHIBIT "A" - Page 1
�'7 5 8
•
5. The State agrees to pay the entire cost of the work to be per-
( .'formed under,the contract to be let by the State, including the Stag',..__,_
supervision of the contract work, provided, however:
a.) that nothing herein contained shall prevent the State from
pursuing and enforcing any of its common law and statutory
rights, which it may have against any tortfeasor, including
any contractor and the Company;
b.) that when the Company has liability or obligation to the
United States or the State for any portion of the railway-
highway project, the Company shall pay its share of the
railway-highway project in the manner and to the extent
set forth elsewhere in this agreement.
6. The provisions contained in Federal-Aid Highway Program Manual,
Volume 6, Chapter 6, Section 2, Subsection 1, and Volume 1, Chapter rf4,
Section 3, shall apply to the railway-highway project, regardless
the
•
method of financing the project.
7. If the Company enters into a contract or agreement with a con-
tractor, to perform all or any portion of the Company's work set forth in this
agreement, the Company for itself, its assigns and successors in interest,
agrees that it will not discriminate in its choice of contractors and will
include all of the nondiscrimination provisions set forth in APPENDIX "A",
attached hereto and made a part hereof, in any such contract or agreement.
g. The Company agrees that its representative in charge of the work
sot forth in this agreement shall furnish the State's Engineer in charge of
the project:
a.) "Form 7094, Minnesota Department of Transportation, Payroll
• Monthly Report", signed in duplicate, showing the number
of men on payroll, classification, total worked and
starting, stopping, resumption and completion dates for
each month, not later than the week following the month in
which the work was performed.
b.). Upon request, full detailed information as to progress of
•
work and amount of labor and material used as of the time
of request.
In addition to the foregoing records and acts, the Company will, from
time to time, make such other reports, keep such other records and perform
such other work in such manner and time as may be necessary
to enable State to collect and obtain available Federal Aid.
9. To the extent set forth in this agreement, the State will se-
imburse the Company for actual expense incurred performing the work set forth
in this agreement. Payments will be made in accordance with the following;
•
•
•
EXHIBIT "A" - Page 2 9-1-80
213ci .
•
a.) At least 9CI;(:, of partial bills marked "Progressive Bill No. 1,
_,=_ -No. 2, etc.", or "First, second,•.v,tc.", signed by an officer
• of the Company, rendered in duplicate. Partial bills shall
be based on actual costs that can be substantiated by checking
the Company's records but do not need to be in detail: or,
•
b.) At Least 75% of partial bills marked and signed, as required
above, based on the Company Fngineer's estimate of the per-
centage of completion of the various cost reimbursable items,
as shown on the detailed estimate, which is attached to and
made a part of this agreement, subject to the State Engineer's
concurrence and approval of said completion percentage. In
no event will a combination of partial billing based on actual
cost, and Engineer's estimates, be reimbursable.
c.) At least 9C of final bill marked "Final", signed by an officer
of the Company, rendered in septuplet, in accordance with Federal-
Aid Highway Program Manual Volume 1, Chapter 4, Section 3. Said
final bill shall be a complete, detailed and itemized statement
of all items of work performed by the Company, as shown in the
appropriate exhibit or exhibits attached to. this agreement.
•d.) Final payment will be made after audit of the final bill.
The Company shall keep account of its work in such a way
that said accounts may be readily audited. In the event
that any amount previously paid to the Company is in excess
of the actual cost determined by audit, the Company, upon •
L notice of the State, shall pay to the State the difference.
10. In the event that the State does not enter into a contract for
construction of the project contemplated by this agreement on or before a day
twelve (12) months after the date this agreement is fully executed, then either
party may, at any time thereafter, serve notice of cancellation upon the other
party, by registered mail, and this agreement shall immediately be cancelled
and terminated; provided, however, that the Company shall be reimbursed in full
by the State for all reimbursable costs incurred after this agreement is fully
executed and prior to said cancellation.
11. The reimbursable maintenance costs shall not extend to the repair
of any damage to the bridge structure resulting from the operations of the
Company for which the Company has any common law or statutory liability. The
reimbursable maintenance costs shall be limited to the actual cost of labor
and materials used and to rental value of equipment used. The actual cost of
labor and materials and the rental value of equipment referred to shall be
ascertained in accordance with the provisions of the Federal-Aid Highway Pro-
gram Manual, Volume 1, Chapter 4, Section 3. Fxcept as hereinafter provided
in the case of emergency repairs, reimbursement shall be made only if the
Company has submitted its proposed repairs to the State, including any estimate
• of cost of such repairs, and approval has been received from the State in
writing in advance of starting work by the Company. If the Company is unable
to obtain the State's approval of the proposed repairs, it nay request and
require the State to let a contract for the necessary work. In the event of
an emergency requiring immediate repairs to said bridge structure in order to
Dania "A" - Page 3 9-1-80
•
. 2')(10
•
•
. . j.
maintain railroad traffic, the Company shall be only required to notify the
-_It State as soon as reasonably possible that L:Ier emergency has arisen and that
the Company is proceeding with the work. The Company hereby acknowledges
that it may be necessary to file a legislative claim for reimbursement of any
costs incurred before State Funds are encumbered in an amount sufficient to
cover the costs of the work. In all events, reimbursable maintenance costs •
shall be limited to necessary repairs.
If any maintenance work is such that it cannot be performed by the
Company with its own equipment and regularly employed forces, the Company may
contract the work. However, the Company shall not award the contract or start
work until the contract has been approved by the Commissioner of Transportation
and the necessary State funds have been encumbered.
12. It is further agreed by and between the parties hereto anything
to the contrary herein notwithstanding, that the Commissioner of Transportation
of the State of Minnesota is acting in his official capacity only and that he
shall not be personally responsible or liable to the Company or to any person
or persons whomsoever for any claims, damages, actions, or causes of action
of any kind or character arising out of or by reason of the execution of this
agreement or the performance or completion of the project provided for herein.
15. Before this agreement shall become binding and affective, it shall
have received the approval of such State officers as the law may provide in
addition to the Commissioner of Transportation.
14. The laws of the State of Minnesota shall govern all questions as
to the execution, nature, obligation, construction, validity and performance
of this agreement.
15. If it appears to the Company at any time subsequent to the date of
this agreement and prior to final completion of such work, that the actual cost
of such work will exceed the estimated cost, the Company shall immediately
so notify the State in writing, thereof, and, after the additional funds are
encumbered, such notice will have the affect of amending this agreement so
as to include the supplemental cost of such work.
16. As provided under Minnesota Laws 1980, Chapter 614, Sec. 51,
all books, records, documents, and accounting procedures and practices of the
Company relevant to this contract are subject to eiamination by Din/DOT and
either the legislative auditor or the State auditor as appropriate.
•
MINT "A" — Page 4 9-1-80
an/DDT tsar(I2f71) •
•
•
• APPENDIX A •
Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964.
During the performance of this contract, the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the"contractor"),agrees as follows:
(1) Compliance with Regulations: The Contractor will comply with Regulations of the Department of
Transportation relative to nondiscrimination in federally-assisted programs of the Department of Com-
merce(Title 49,Code of Federal Regulation,Part 21,hereinafter referred to as the Regulations),which
are herein incorporated by reference and made a part of this contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to
completion of the contract work,will not discriminate on the ground of race,color,or national origin
in the selection and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor will not participate either directly of indirectly in the discrimination pro-
hibited by Section 21.5 of the Regulations,including employment practices when the contract covers
a program set forth in Appendix"A","B"and"C".
(3) '.olicitations for Subcontracts,Including Procurements of Materials and Equipment:In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each potential subcontractor or sub-
plier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the ground of race,color or nation origin.
( (4) Information and Reports: The contractor will provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books,
•records, accounts, other sources of information,and its facilities as may be determined by the Depart-
ment of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance
with such Regulations, orders and instructions.Where any information required of a contractor is in
the exclusive possession of another who fails or refuses to furnish this information,the contractor shall
so certify to the Department of Transportation,or the Federal Highway Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimi-
nation provisions of this contract, the Department of Transportation shall impose such contract
sanctions as it or the Federal Highway Administration may determine to be appropriate, including
but not limited to,
(a) witholding of payments to the contractor under the contract until the contractor complies,and/or
(b) cancellation,termination or suspension of the contract,in whole or in part.
(6) Incorporation of Provisions: Th• contractor will include the provisions of paragraph (1) through (6)
in every subcontract,including procurements of materials and leases of equipment,unless exempt by
the Regulations, order,or instructions issued pursuant thereto. The contractor will take such action
with respect to any subcontract or procurement as the Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance: Provided,however,that,in the event a contractor becomes involved in,or is threaten-
. ed with,litigation with a subcontractor or supplier as a result of such direction,the contractor may
request the State to enter into such litigation to protect the interests of the State,and in addition.
the contractor may request the United States to enter into such litigation to protect the interests of
the United States.
•
2'1((2
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RAILROAD CROSSING SIGNAL PROJECT
RILEY LAKE ROAD, MP 28.34
Eden Prairie, Minnesota
#185-027V
Description of Material Unit . _ . Cost
flashing Light Signal with Short Arm Gates Each 2 8,400
Bell Each 1 135
Pipe 3" FT 1130 300
Battery Storage, 160 AM Each 10 650
Battery Storage, 240 AM Each 12 1,080 .
Box, Battery 25 Cell Each 1 295
Gate Foundation Each 2 290
Bond Wires Each 205 255 ,,
Foundation for Bungalow Each 4 200 i
Track Connections Each 6 60 '00 275
Cable UG 5 Condr. #14 FT FT 3 3100 275
Cable UG 3 Condr. # 6
Cable UG 8 Condr. # 6• FT 300 1,000
Wire # 6 Track, Twisted FT 1,000 800
( Wire #10 Stranded FT 1,000 150
Wire #16 Stranded FT 1,000 70
Bungalow 6' x 6' Each 1 4,200
•
' Relay Line 500 ohm Each 2 . 580
Relay 500 ohm Heavy Duty Each 1 335
Relay Flasher Each 1 375
Relay Power Transfer 4 Point • Each 1 280
Relay Slow Release 250 ohm Each 1 260
Relay ohm 6 PT Each 1 420
Rectifier for 8 Cells Two Rate Each 2 610
Transformer Lighting Each 1 170
Motion Sensor (Model 600) Each 2 7,400
Solid State Timer Each 1 170
Surge Protector #SP20-2A Each 1 100
Power Line Arrester Each . 1 15
Power Connection Lot 1 200
Fill Material & Crushed Rock Lot 1 200
Acc'y Material: Tags, tape, Terminals, Resistors, Lot 1 590
Paint, Arresters, Locks, etc.
t iv.T(11 VCR:: 5'r 5.,�5_5 .ale s
---'—'-- — TOTAL MATERIAL $ 30,100
AC,: 603.8'.e,',„°.0.I.//. —1�
;00,-,30eAeC,i ii ef4'liJ/rins, 'a.
f},�d r�
n:.TE IAa1,11 S�/ /'•.�y/ '.I 214S _ _
-2-
•
Riley Lake Road, MP 28.34
Eden Prairie, Minnesota
•
• . • Carried Forward $ 30,100
LABOR .
•
Preliiminary Engineering $ 200 $ $
Engineering Plans 500
Engineering Inspection • 200
Installing Signals •
Signal Crew, 100 m/d @ $100 10,000
Acctg. & Billing 3 m/d @ $85 255
Install Meter Connection 3 m/d @ $100 300 11,455
Power Co. Extend Power Line 1,500
. Additives '
(, Labor, Vacation, Fblidays, Health & -
5,410
Welfare, RR&UC Tax, 47.23%of $11,455 200
' Engineer's Exp., 5 days @ $40
Signalmen's Exp., 100 days @ $40 4,000
Electrical Exp., 3 days @ $40 • 4,320
Truck & Equip. Rental, 50 days @ $35 1,750
Store Exp., 5% of $30,100 1,505
Supplies &Repairs to Equip., 5%of $11,455 570
Transportation of Material, 1%of $30,100 300 2,375 26,810
Total Cost Labor and Material $56,910
Contingencies, 10% 5,690
TOTAL ESTIMATED COST $62,600
r.
( Office of Asst. Chief Engineer-Signals
Chicago & North Western Transportation Co. C „ s1j c el ,
Chicago, Illinois - August 5, 1981 E ed/ , -
Of 01
. 2'1yL
Bluffs East
•
CITY OF EDEN PRIARIE
C = HENNEPIN COUNTY, MINNESOTA
Ordinance No. 8I-11
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRIARIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as follows:
The following described property, situated in the County of Hennepin, State
of Minnesota,
See Exhibit A attached hereto and made a part hereof.
shall be and hereby is removed from the Rural District
and shall be included hereafter in the RM 6.5 District.
Section 2. Tha above described property shall be subject to the terms
and conditions of that certain Developer's Agreement dated as of
( 1981 between HUSTAD DEVELOPMENT CORPORATION and the CITY DF EOEN 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 21 day of July, 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.
21tr)
EXHIBIT "A"
Parcel A. The Southeast Quarter of the Southwest Quarter and that part of
• East 3/4 of the Northeast Quarter'of the Southwest Quarter lying
South of the public road, all in Section 25, Township 116 North,
Range 22 West, except that part of said Southeast Quarter of the
Southwest Quarter lying southerly of the following described line:
Commencing at the Northwest corner of the Southeast Quarter
of the Southwest Quarter of Section 25, Township 1I6 North,
• Range 22 West; thence southerly along the West line of said
Southeast Quarter of the Southwest Quarter, a distance of
430.00 feet; thence easterly, at right angles to the last
described line, a distance of 200.00 feet; thence easterly to
a point on the East line of said Southeast Quarter of the
Southwest Quarter, distance 1040.00 feet northerly from the
Southeast corner of said Southeast quarter of the Southwest
Quarter and there terminating.
All according to the United States Government Survey thereof,
Hennepin County, Minnesota,
Except the following:
Parcel B. That part of the Southeast Quarter of the Southwest Quarter of
Section 25, Township 116, Range 22, lying northerly of the follow-
ing m the th corner ofr said Southeast Qdescribeduarterline:of Com the Southwestencingat Quarternor; thencewest southerly along
the west line of said Southeast Quarter of the Southwest Quarter
430.00 feet to the point of beginning; thence deflect 87 degrees
30 minutes, to the left, 300.00 feet; thence deflect 7 degrees,
to the left, 665.00 feet; thence deflect 6 degrees, to the right,
345 feet, more or less, to the east line of said Southeast Quarter
of the Southwest Quarter and said line there terminating. ALSO
That part of the East 3/4 of the Northeast Quarter of the Southwest
Quarter of Section 25, Township 116, Range 22, lying south of public
road, except that part described as follows: Commencing at the inter-
section of the west line of said East 3/4 of the Northeast Quarter of
the Southwest Quarter with the southerly right-of-way line of said
public road, said public road being County State Aid Highway No. 1;
thence southeasterly along said right-of-way line 630.00 feet to the
point of beginning; thence deflect 90 degrees to the right, 205.00
feet; thence deflect 79 degrees 12 minutes 57 seconds, to the left,
106.89 feet; thence deflect 39 degrees 23 minutes 41 seconds, to the
left, 125.30 feet; thence deflect 61 degrees 23 minutes 22 seconds, to
the left, 165.00 feet to said southerly right-of-way line; thence north-
westerly along said right-of-way line to the point of beginning.
1� •
ZNY
•
• Bluffs East
7/81
. 10/81
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of / a /V , 1981
by and between HUSTAD DEVELOPMENT CORPORATION, hereinafter referred to as
"Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter •
referred to as "City",
WITNESSETH: •
WHEREAS, Owner has applied to City to rezone from Rural to RM 6.5
•
approximately 16 acres, situated in Hennepin County, State of Minnesota,
more fully described in Exhibit A, attached hereto 'and made a part hereof ••
and hereafter referred to as "the property", and
WHEREAS, Owner desires to develop the property for construction •
thereon of 26 buildings containing 4 residential units each or an aggregate •
of 104 units.
NOW THEREFORE, in consideration of the City adopting Ordinance No.
. 81-11, and Resolution No. 81-143, Owner covenants and agrees to construction
upon, development, and maintenance of said property as follows: •
1. Owner shall plat and develop the property in conformance
with the material dated 5/28/81 and revised 8/11/81
reviewed and approved by the City Council on July 21, 1981
and attached hereto as Exhibit B, subject to such changes
•
and modifications as provided herein. Owner shall not
develop, construct upon or maintain' the property in any •
•
other respect or manner than provided herein.
2. Owner covenants and agrees to the performance and observance
by Owner at such times and in such manner as provided therein •
of all of the terms, covenants, agreements, and conditions set
forth in Exhibit C, attached hereto and made a part hereof.
Developer's Agreement-Bluffs East page 2
41 3.. Owner agrees to pay 80% of the cost of the storm water improve-
ment project for Prairie East Sixth/Olympic Hills according to
the specifications of the City Engineer. Such improvement
project costs shall be determined by a feasibility report to
be approved by the City Engineer prior to issuance of any
permit to build upon the property.
• 4. Prior to the issuance of any permit for building on the property,
Owner shall construct and provide a storm water retention pond
on land adjacent to the southerly boundary of the property of
such size, configuration, and location, and constructed in such a manner
as shall be approved by the City Engineer.
5. Owner shall dedicate to Hennepin County by final plat, a strip of
the property 17 feet wide extending along the property's north- .
easterly property line and abutting Co. Rd: 1 as depicted in red
• on Exhibit B. Such dedication shall be for street and road
purposes.
6. Owner shall not construct driveways less than 30 feet in length
measured from the back of the curb to the garage door.
7. Prior to occupancy of any residential unit on the property,
Owner shall construct Franlo Road in accordance with City
standards for residential streets, commencing at the south'
line of the improved hard surface of Co. Rd. 1 and extending
southerly approximately 380 feet to the property's southeastern •
corner.
8. On the final plat, Owner shall:
A. Mat public street "A" so that it terminates at the
northerly line of the lands abutting the southerly
lands of the property;
B. Mat public street accesses to the Reichow lot •
outlined in green on Exhibit B and in accordance
with the specifications of the City Engineer;
C. Mat the right-of-way of public street "A" 60 feet
in width.
9. Owner shall construct all private driving lanes within the
property 25 feet wide measured from back of curb to back of '
curb, with "mountable" or "drive over" concrete curbs.
•
10. Owner shall, concurrent with street and utility construction
and prior to the issuance of the 10th building permit upon
the property, construct a mini park on Outlot A and Outlot B
as shown on Exhibit B. Each of such mini parks shall be con-
structed in accordance. with specifications for mini parks
attached hereto as Exhibit D and as per the specifications of
the Community Services Director. Such mini parks shall be main-
tained by Owner or shall be conveyed and thereafter maintained
by a corporation or other entity of which the owners of the lots
within the property shall be members or owners.
.sr/sv
Developer's Agreement-Bluffs East page 3
In the event the mini parks are conveyed to such corporation or
other entity, Owner shall cause to be stated as a condition of
the acceptance of the conveyance that such corporation assume
. the obligation of Owner to maintain the mini parks and shall
acknowledge same to City in a written form approved by the City.
Owner's obligations to construct the mini parks hereunder shall
be secured by Owner's providing a bond or letter of credit
.. , ' . ...;,:,.'.,...,,."....:-.
containing the provisions set forth in Paragraph XI of Exhibit C.
11. Owner shall, prior to building permit issuance, submit a bond
or letter of credit for an amount determined by the City Com-
munity Services Director to cover 125% of the costs of con-
• structing the mini parks required in Paragraph 10. Such bond
shall also conform to the requirements stated in Paragraph XI
of Exhibit C.
12. Owner shall, prior to issuance of any building permit upon the
• property:, clean out the sedimentation pond—located north of
Co. Rd. 1 and west of Prairie East Sixth Addition, as depicted
on Exhibit E, attached hereto and made a part hereof, according
to the recommendations of the City Engineer.
13. Owner shall, concurrent with street and utility construction,
grade that portion of the Co. Rd. 1 bikeway adjacent to the
property and depicted in red on on Exhibit B, according to the
specifications of the City Services Director.
Owner shall, prior to the 10th building permit issuance, grant
to the Reichows an access easement over the private roads . .
within the property. Such access easement shall be in a form
and include such terms as shall meet with the approval of the
City Attorney.
•
••
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awf
Developer's Agreement-Bluffs East page 4
TT WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE:
by Wolfgang H. Penzel, Mayor
•
by Carl J. Juflie, City Manager
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1981 by Wolfgang H. Penzel, the Mayor and Carl J.
Jullie, City Manager of the City of Eden Prairie, a Minnesota municipal
corporation on behalf of the corporation.
Notary Public
HUSTAD DEVELOPMENT CORPORATION
• (?!(/t/ -/2,/41'
y
/.4-442—'— C-'- //`-'1"74-1-:•.e
STATE OF MINNESOTA)) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before pp this daand
ctSNta A. S�R d f
1981 by Ct.)A-1l13-Ge l4-r/-Lks-jA
be , Hustad Development Corporation a
Minnesota corporation on behalf of the corporation.
Notary Public
:1- DANI- D.COOK
: nor,c.tl N.f. Y r94i01A
MENti[iIN CCxlN1Y
•r.,........
r canmt,uon,.,i.,, Oct.26.19811
•
*IS°If'
9[15a
EXHIBIT "A"
•
( Parcel A. The Southeast Quarter of the Southwest Quarter and that part of
'East 3/4 of the Northeast Quarter'of the Southwest Quarter lying
South of the public road, all in Section 25, Township 116 North,
Range 22 West, except that part of said Southeast Quarter of the
Southwest Quarter lying southerly of the following described line:
Commencing at the Northwest corner of the Southeast Quarter
of the Southwest Quarter of Section 25, Township 116 North,
Range 22 West; thence southerly along the West line of said
Southeast Quarter of the Southwest Quarter, a distance of
430.00 feet; thence easterly, at right angles to the last
described line, a distance of 200.00 feet; thence easterly to
a point on the East line of said Southeast Quarter of the
Southwest Quarter, distance 1040.00 feet northerly from the
Southeast corner of said Southeast quarter of the Southwest
Quarter and there terminating.
All according to the United States Government Survey thereof,
Hennepin County, Minnesota,
Except the following:
Parcel B. That part of the Southeast Quarter of the Southwest Quarter of
Section 25, Township 116, Range 22, lying northerly of the follow-
ing described line: Commencing at the northwest corner of said
Southeast Quarter of the Southwest Quarter; thence southerly along
the west line of said Southeast Quarter of the Southwest Quarter
430.00 feet to the point of beginning; thence deflect 87 degrees
30 minutes, to the left, 300.00 feet; thence deflect 7 degrees,
to the left, 665.00 feet; thence deflect 6 degrees, to the right.
345 feet, more or less, to the east line of said Southeast Quarter
of the Southwest Quarter and said line there terminating. ALSO
That part of the East 3/4 of the Northeast Quarter of the Southwest_
Quarter of Section 25, Township 116, Range 22, lying south of public
road, except that part described as follows: Commencing at the inter-
• section of the west line of said East 3/4 of the Northeast Quarter of
the Southwest Quarter with the southerly right-of-way line of said
public road, said public road being County State Aid Highway No. 1;
thence southeasterly along said right-of-way line 630.00 feet to the
point of beginning; thence deflect 90 degrees to the right, 205.00
feet; thence deflect 79 degrees 12 minutes 57 seconds, to the left,
106.89 feet; thence deflect 39 degrees 23 minutes 41 seconds, to the
left, 125.30 feet; thence deflect 61 degrees 23 minutes
2 steconds, toh
the left, 165.00 feet to said southerly right-of-way line
westerly along said right-of-way line to the point of beginning,
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il 1/80
DEVELOPER ' S AGREEMENT
:__._
• EXHIBIT C
•
• page 1 of 5
•
• I. Prior to release of final plat, Owner shall submit to the City
Engineer for approval two copies of a development plan (1"=100' scale)
• ¢howing'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 f)opd 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.
III. Owner shall pay cash park fees as to all of the property required
( by any ordinance in effect as of the date of the issuance of each
building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
•
$•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.
( •
•
2'15h".
. 1/80
• Page 2 bf 5 Exhibit C
41 . 11:=-n--.All-sanitary-sewer, watermain and storm sewer fadilitie;;'concrete curb,- -
•'gutters,sidewalks,streets 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.
( 8, 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-
•
. . - 1/80
6/81
if .. page 3 of 5 Exh•,b't 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 shalt be ip 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 rand ending October 31, of each year, until such time as such
streets and improvements therein are accepted for ownership and
41 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 1" for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and grade
until such time as the streets and improvements in the property are
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,performaince of Owner's obligations under
this paragraph VI. .
VII. If Owner fails to proceed in accordance,with this Agreement within
i and ins24 assigns
months of the date hereof, Owner for itself, its successors, 9
shall not oppose rezoning of said property to Rural. . 15,
1/80
• 6/81
411 me 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. 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,
equipirg, 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
servies th
r
pliedc therefore eond �orc before rthe on tlater rof,o2 years�from al rthe da equipment tehereof
or , 19 . Upon completion and acceptance Owner
41 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 Paragraph XI , including but not limited
to, a guarantee against defects in materials or am rkman-
• 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 teens 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. gri
1/80
• 9/10/80
ti
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 vOid and of no force and effect to the extent '
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of the terms
• of this agreement shall be fully enforceable. •
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.
•
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2')59
10/22/81
. 11/24/81
• • CITY OF EDEN PRAIRIE
r _ —*-- .
SPECIFICATIONS FOR MINI PARKS
PART I - Turfgrass area
•
A. The developer shall prepare the ground surface area of the
. mini park by supplying at least 4" of topsoil over the finished
subgrade. Topsoil shall be of the same quality or better than
that of the original site and shall be capable of supporting a
cultured turfgrass. Topsoil shall be raked out to a smooth
finish prior to seeding. All rocks of 1/2" and larger shall be
removed prior to seeding. ••
B. Turfgrass shall be seeded at a rate of 4-5 lbs. per 1,000 sq. ft. .
Turfgrass mix Shall be as follows: •
• Park Kentucky Blue Grass 35% •
Aquilla Kentucky Blue Grass I5% • •
• NK 200 Perennial Rye Grass 25%
Ruby Creeping Red Fescue 25% •
Variations in turfgrass mix shall be approved by Community
Services Staff prior to seeding.
Planting times shall be April-May, August 15-September I5,
late October, or by approval of Community Services Staff.
PART II. - Play Structure
A. The developer shall construct a play structure in the mini park
area. Such structure shall be Landscape Structure Tot Lot F
according to Catalog 8 or equivalent and as depicted herein.
Structure shall include climbing, sliding, and swinging devices.
All wood components shall be 4"x6" and 6"x6" redwood, free of
-heart center. All support posts shall extend below ground
surface to a depth of at least 3'6". •
B. Play structure shall be enclosed in a sandlot 201'inall dir-
ections from components of the structure. A barrier shall be
• constructed to encircle the sandlot and play structure. The
barrier shall be constructed of cedar, redwood, penta-treated
wood, pressure treated wood or concrete. Barrier shall have
a continuous width of at least 4 inches and extend above the
ground at least 6" and not more than 12". Barrier shall ex-
tend at reent frost
Sand shallabe placedetowaground depth ofratce to leastp12" throughout
sandlot area.
( '
EXHIBIT D, PAGE 1 of 3 ,
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• T _ Ladder
187 Ladder
,
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•
• E'XHIBIT D , PAGE 2 of 3
•
•
•
Mini Parks page 3
PART III - Access to Mini Parks
A. All accesses to mini parks will be provided with an 6' wide
bituminous pathway, location of which will be determined by
• the Community Services Director. Pathway shall be a 2"
bituminous mat laid over a 4" crushed limestone base or 4"
• deep strength asphalt laid over compacted subgrade. Mini
parks shall have direct abutment to a City street on at least
one side.
PART IV - Tree Plantings • '
A. Trees shall be planted at the rate of 5 per acre in groupings
throughout the mini park area. Tree plantings shall be from
-the following varieties:(at least 3 types shall be selected)
•
Deciduous Evergreen
Hackberry -Scotch Pine
' Ash Austrian Pine
Sugar Maple Red Pine
Norway Maple ' • Black Hills Spruce
Red Maple Colorade Green Spruce
Linden Douglas Fir '
Thornless Locust
Birch • '
Deciduous trees shall be at least 131-2" caliper and evergreens
shall be at least 4-5' in height. .
B. Existing desirable overstory tree species may be used as part
of the planting requirements.
PART V - Maximum Grade
•
A. The maximum grade of slope shall not exceed 6% over 50% of the
site.
•
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EXHIBIT D. PAGE 3 of 3
rc
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r.<•. POND AREA TO BE CLEANED I ,
i
EXHIBIT E ?.7
z � I
'1 3
•
I
TO: Mayor and City Council
FPOM: John D. Frane, Finance Director
DATE: December 9, 1981 •
RE: Final Aproval M.I.D.B.'s Vo]unteers of America - $690,350 - Resolution 81-247
and $142,570 - Resolution 81-248
The Volunteers of America Project located in the Lake Ridge Office Park
is requesting final approval of their project. The City Attorney's
office may not have had an opportunity to review the final documents •
by the 15th. We suggest that the Council approve resolutions 81-247 and
81-248 with the provision that the City Attorney be authorized to make
such changes as he deems necessary. The resolutions will be in the
Mayor's signature file.
JDF;bw
12/9/81
•
TO: Mayor and City Council
FROM: John D. Frane, Finance Director
DATE: December 9, 1981
RE: Final Approval M.I.D.B.'s Town and Country Claim Service
$242,240 - Resolution 81-249 and $48,450 - Resolution 81-250
The Town and Country Claim Service Project is located in the Lake Ridge
Office Park is requesting final approval of their project. The City
Attorney's office may not have had an opportunity to review the final
documents by the 15th. We suggest that the Council approve resolutions.
81-249 and 81-250 with the provision that the City Attorney be authorized
to make such changes as he deems necessary. The resolutions will be
in the Mayor's signature file.
•
JDF:bw
12/9/81
•
21LS
•
•
•
TO: Mayor and City Council
FROM: John D. Frane, Finance Director
DATE: December 9, 1981
RE: Final Approval M.I.D.B.'s Spencer Dean, Sr. - $314,420 - Resolution 81-251
and $62,884 - Resolution 81-252
The Spencer Dean, Sr. project located in the Lake Ridge Office Park
is requesting final approval of their project. The City Attorney's
office may not have had an opportunity to review the final documents
by the 15th. We suggest that the Council approve resolutions 81-251 •
and 81-252 with the provisions that the City Attorney be authorized
to make such changes as he deems necessary. The resolutions will
be in the Mayor's signature file.
•
JDF:bw
12/9/81
2`746
•
•
. • CITY OF EDEN PRAIRIE =
HENNEPIN COUNTY, MINNESOTA
•
• RESOLUTION NO. 81-237
RESOLUTION ORDERING PREPARATION OF
PLANS AND SPECIFICATIONS FOR
WESTWOOD INDUSTRIAL PARK AND
• ADJACENT PROPERTIES I.C. 52-015
WHEREAS, a resolution of the City Council adopted the3rd day
of November fixed the lstday of December 19 81 as the date for a public
hearing, which was continued to December 15, 1981, on the following improvements:
Water main, sanitary sewer, storm sewer and street improvements
for Westwood Industrial Park and adjacent properties.
WHEREAS, all property owners whose property is liable to be
assessed for the making of this improvement were given ten days published
notice of the Council hearing through two weekly publications of the
required notice and the hearing was held and property owners heard on the
1st day of December, 1981. •
4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY•
OF EDEN PRAIRIE:
1. The City Engineer is hereby designated as the Engineer for
this project and is hereby directed to prepare plans and
specifications for the making of such improvement, with
the assistance of Rieke Carroll Muller, Inc.
ADOPTED by the Eden Prairie City Council on December 15, 1981.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
•
•
2?4�
CITY OF EDEN PRAIRIE, MINNESOTA
100% PETITION FOR LOCAL IMPROVEMENTS
TO THE EDEN PRAIRIE CITY COUNCIL:
410 The undersigned are all the fee owners of the real property described
below and herein petition for the Eden Prairie City Council to proceed
with making the following described improvements:
(General Location)
z Sanitary Sewer
X Watermain Public Improvements within
•
X storm Sewer , the Westwood Industrial Park
X Street Paving
Other
Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any
public hearing to be held on said improvements, and further state and
agree that the total cost of said improvements shall be specially as-
sessed against the property described below in accordance with the
City's special assessment policies. We fuether understand that the,,
preliminary, estimated total cost for the said improvements is 391,000
4 Street Address or other Legal Names and addresses of Petitioners
Description of Property to be served (Must be owners of record)
Westwood Industrial Park Bury & Carlson, Inc.
6008 Wayzata Blvd.
Minnea olis MN 55416
By:
mes J. B y, Pr sident
A a
Jerome Liebsch, Its Sec-Treas.
(For City use)
Date Received /2-3.81
Project No. . I.C. 52-015
Council Consideration
•
• LxHIUIT A
• M'hla kldet i:; part : •.u__
• of this• urou�ment
LEGAL DESCRIPTION:
The North 1/2 of the East 75 hods of the Northwest Quarter, Section 3,
Township 116 North, Range 22 West of the Sth Principal Meridian,
• according to the United States Government Survey thereof and situate
• in Hennepin County, Minnesota.
"Subject to easeuents, restrictions and covenants of record, if any."
• •
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27629
L
Unapproved
Planning Commission Minutes vember 9, 1 81
f MEMBERS ABSENT: Retterath & Gartner
B. SGL OFFICE/WAREHOUSE, by SGL Inc. Request to rezone from
Rural to 1-2 and preliminary plat approximately 8.3 acres
for construction of an office/warehouse building. A
public' hearing.
The Planner introduced Mr. Don Goetzman, president of SGL Inc. and Frank Reese,
their architect.
Reese reviewed the location of the project, location of proposed 212, thelocation
for the catch basins for storm water run-off, and stated the building would be owned
by one single owner. He also reviewed parking which would be located on the north-
west and east sides of the building with loading to occur on the south side of the
building. He reviewed the materials to be used, landscaping and stated that there
will be 111,000 sq. ft. FAR.
The Planner reviewed the staff report dated Nov. 6, 1981.
Marhula asked if the W. 78th St. project is the City's project and if the right-of-
way for W. 78th St. will be acquired by the City. The Planner replied it is the
City's project and stated it will be identified if the ROW will be dedicated or
acquired. In this case, ROW is invisioned that it would be centered on the lot
line and that SGL was proposing that they would plat and give the ROW as part of the
/ road project.
•
Marhula asked if traffic on the south side of the building will be one-way traffic.
Reese replied yes. •
Torjesen asked the current status of W. 78th St. and if this property has access.
The Planner stated that it does not have legal ROW access but stated that a road
feasibility study will be completed within a few weeks and stated there is an agreement
between SGL, CPT, and CPA that would assure access to the east side'of the project.
Torjesen asked if it is appropriate for the Planning Conmission to recommend approval
of the preliminary plat with the location for the road undecided. The Planner replied
yes it is appropriate.
Torjesen asked the owner of the building if they are comfortable with the fact that
no outside storage is permitted in this area. Gary Yenger, representing a joint
partnership between Sistic Corporation and Barthel Homes, stated he will not use
the building but is connected with the construction of the building. He stated that
the owners are comfortable with no outside storage.
Sutliff stated he will abstain from voting on this project because of possible
business conflict.
Bearman asked if the proponent is consistent with the parking Ordinance. The
Planner replied that the Ordinance requires 3/1000 sq. ft. of building which
would be 333 and the proponent proposes 321. However, if the project was looked
at as a 3 tennant building; look at the building having a third office, a third
manufacturing, and a third warehouse in the building, it would be consistent but
felt that setbacks should be looked at.
YSfs
,Z'Jl0
•
Unapproved
Planning Commission Minutes -2- November 9, 1981
Torjesen asked if the Commission should be insisting that the building be smaller
with the 75' setback requirement. The Planner stated that when CPA, CPT, and MTS
were looked at, it was talked about to put as little development in the Corridor
as possible.
Marhula asked if the proponent has been in contact with Charlyn? Reese replied yes.
Marhula then asked if the proponent has discussed the question of moving the road
further north and taking away part of Char-Lynn's property. Reese replied no.
John Otterly, 4704 Merry Lane, Edina, MN 55436, asked if the road was moved northerly,
what would it be adjacent to? The Planner replied that that has not been determined
at this time and stated that the feasibiltiy study would suggest ways to handle this.
Otterly asked if it is feasible to load Wallace Road more. The Planner replied that
the'feasibility-study is studying upgrading Mitchell Road to a four lane road which
would bring traffic off Wallace Road to Mitchell Road to TH 5.
Bearman asked the proponent if they had any problems with I-5 zoning rather than I-2.
Reese stated it would be alright.
MOTION 1
Torjesen moved to close the public hearing. Marhula seconded, motion carried 4-0-1.
Sutliff abstained because of possible business conflict.
MOTION 2
Torjesen moved to recommend to the City Council approval of the zoning from Rural
to I-5 as per the plans dated 10/14/81 and the staff report of November 6, 1981
adding#8 That the approval be contingent on access for the property. Marhula
seconded, motion carried 4-0-1. Sutliff abstained.
•
Marhula felt that with the 75' setback required, the burden will be on the City to
acquire the additional 25'.
AMENDMENT TO MOTION 2
Torjesen moved to amend motion #2 stating that it is the Planning Commission's
recommendation to the City Council that the frontyard setback he from the pro-
posed right-of-way as shown on the plan - not in acquisition of additional property;
to allow for the contingency of the 212 Corridor and give the proponent guidance.
Marhula stated that if additional right-of-way is not acquired, the only ways to
meet the requirements of the ordinahce would be to narrow the building or reduce the
parking. He then stated that the proof of parking should be upheld.
Torjesen then withdrew his amendment to motion 2.
Marhula stated that he felt that there are 2 options; 1) change the site plan; and
2) negotiate with Char-Lynn to of theadditional 25' to meet the 75' setback require-
ment.
The Planner stated that it is to the developer's advantage to acquire additional
parking or change the site plan for maximum flexibility.
Bearman stated that the frontyard setback of 75' is necessary.
MOTION 3
Torjesen moved to recommend to the City Council approval of the SGL plat dated
10/14/81 as per the staff report of November 6, 1981 and the addition in motion 2.
Marhula seconded. motion carried 4-0-1. Sutliff abstained.
z771
•
•
STAFF REPORT
•
TO: Planning Commission
FROM: Chris Enger, Director of Planning
DATE: November 6, 1981
SUBJECT: SGL OFFICE/WAREHOUSE
APPLICANT &
FEE OWNER: SGL, Inc.
REQUEST: Rezoning front Rural to 1-2 (Industrial,
5 - acres minimum) of 9.40 acres, and
preliminary platting to divide the north-
ern 40 feet of the lot for road ROW
LOCATION: North of Scenic Heights Road and the
Eden Prairie Methodist Church, south
of Eaton, end west of CPT
BACKGROUND •
The current zoning of the property is Rural. The Comprehensive Guide Plan
depicts Highway 212 as corning through the site. Earlier in the year, the
City Council designated the conceptual alignment of 212 west of Co. Rd. 4
as the Uniquie Systems D'(diagonal route) with the north Riley cut-off.
The location of 212 east of Co. Rd. 4 was left undesignated. Although
construction of a building on this parcel, does further constrict a possible
freeway corridor, a road and parking are the elements placed directly in
the corridor, not the building.
This parcel has remained undeveloped in an industrial area all these years,
because it has been a land-locked piece. That situation will be remedied
with the construction of a public road (feasibility study now being done)
from Mitchell Road, (north of CPT),westerly to Wallace Road. This same road
system would extend easterly from Mitchell Road, through the MIS industrial
area to Schooner Blvd. This road system, along with the upgrading of Mit-
chell Road to four lanes this summer, will greatly improve the traffic
capacity of this industrial area of town.
ZONING
Although the proponent is requesting I-2 zoning; because of the lot size,
0.40 acres),and building size, (111,000 sq. ft.), the 1-2 zoning is not
appropriate. Charlyn (north), CPA (northeast), and CPT (east) are all
I-5. We would recommend I-5 as the most appropriate zone.
The I-5 zone requires a 75' front yard setback. The proposed setback is
50'. There are several solutions to this problem:
1) Since the site is so narrow in relation to its width, the new
road could be shi fted 25' further north onto the Charlyn
property. This would provide the appropriate front yard on
this lot.
21'72
1
•
Staff Report-SGL Office/Warehouse, page 2
•
2)' Barthel Homes is the company that is proposing the building
at this time. They would have a much lower need for parking
than shown, therefore, the front parking area could be re-
• duced to provide the proper setback.
3) I-2 zoning only requires a 50' front yard setback. The
zoning could be changed to I-2.
Since the I-5 zone is meant specifically for large buildings on large lots
(over 5 acres), and since the area to the north and east is of the same
large lot character and is zoned I-5, and since this building would appear
very massive from the road,(being 960 feet long), Staff would recommend
retaining the 75' setback by modifying the road location.
SITE PLAN •
Because the site transitions to a different use to the south, effective
screening is very important. The schematic landscape plan depends
entirely upon evergreens existing on the Methodist Church property for
screening. The existing evergreens should be augmented with an evergreen
screen provided on the proposed site. Adequate screening of parking must
also be provided.
Because of the grade reqlationship of the building to Scenic Heights Drive,
the roof may be visible. It is therefore critical that any mechanical
equipment be screened.
Turning radius's for 50 foot semi-trailers are very tight on the eastern
corners of the building. These must be very carefully addressed prior to
building permit to assure that there will be no problems.
There is no major vegetation on the site and grading will be minimal.
Storm drainage will be handled in an on-site storm sewer system tied to a
proposed system in the new road. Sewer and water will also be extended
to the site along the new road.
ORD. 135
At this time, Barthel Homes is contemplating building a manufacturing
plant for panelized home construction. According to Ordinance 11135, no
outside storage will be allowed, no dust, dirt, noise, glare, or vibration
shall be perceptable beyond the property boundary.
TRAFFIC
The home manufacturing firm fabricate homes in panels and ships them on
standard flat beds or semi-trailers, not oversize loads. Currently they
would expect about two homes per day to be completed and shipped but it could
rise to 10 homes. The proposed road system will adequately handle this
traffic.
2'1')3
•
Staff Report-SGL Office/Warehouse page 3
•
•
RECOMMENDATIONS
The Planning Staff recommends approval of the rezoning request from Rural
to I-5 and preliminary platting of road ROW subject to the following:
1. Cash park fee of $1400/acre.
2. Front yard setback of 75 feet.
3. Proposed road may have to be located further north rather than
centered on the northern lot line.
4. Additional screening along south boundary; higher berming to screen
parking areas (4-5'). Screening of all mechanical equipment.
5. Occupancy permit subject to road and utility completion.
6. Compliance with all City Ordinances.
7. No storage of semi-trailers or materials outside is permitted.
CE:ss
Z71 .
DECEMBER 15, 1981
ST 'F MINNESOTA
CI : EDEN PRAIRIE
COUNT OF HENNEPIN
The 1„flowing accounts were audited and allowed as follows:
9506 VOID OUT CHECK • (183.77)
951E OLD PEORIA CO.,INC. Liquor 2,304.19
9519 JOHNSON BROS. WHOLESALE Liquor 1,194.51
9520 GRIGGS, COOPER & CO.,INC. Liquor 2,087.11
9521 ED. PHILLIPS & SONS Liquor 1,229.24
9522 THE LIQUOR HOUSE Liquor 1,139.42
9523 CAPITOL CITY DISTRIBTORS Wine • 92.25
9524 MIDWEST WINE CO. Wine 646.24
9525 MENARDS Lumber 231.18
9326 HOPKINS POSTMASTER • Postage 556.11
9527 MRPA Conference-Community Center 20.00
9528 FEDERAL RESERVE BANK Payroll 15,924.21
9529 COPtMISSIONER OF REVENUE Payroll 6,021.50
9530 DEPT. OF EMPLOYEE RELATIONS Payroll 17,544.56
9531 HENNEPIN CTY.SHERIFF OFFICE Payroll 113.49
9532 PRAIRIE VILLAGE MALL ASSOCIATES Rent 2,067.5.
9533 GOVT. TRAINING SERVICE Conference-Manning Dept. B.00
9534 GREAT WEST LIFE ASSURANCE CO. Payroll 1,020.0r.
9535 AETNA LIFE INS. & ANNUITY CO. Payroll 90.0D
94 MN. STATE RETIREMENT SYSTEM Payroll 40.0E
95,, UNITED WAY OF MPLS. Payroll 46.96
9538 PUBLIC EMPLOYEES RETIRE. ASSN. Payroll 11,547.70
9539 SUBURBAN NATIONAL BANK Payroll 100.01'
9540 EP VOLUNTEER FIRE PENSION FUND Pension Fund-Fire Dept. 35,527.57
9541 MPLS STAR & TRIBUNE NEWSPAPERS Subscription-Manager 14.95
(.:,12 SUPPLEE'S 7-HI ENTERPRISES Rent-Preserve Liquor Store 2,974.20
9"11 HOPKINS POSTMASTER Postage 233.87
9`:,1 PETTY CASH Postage 10.00
MENARDS Insulation-Round Lake Park 262.4;
LANDSCAPE ARCHITECTURE MAGAZINE Book-Conununity Services 30.00
CAPITOL CITY DISTRIBUTORS Wine 247.27
MINNESOTA DISTILLERS, INC. Liquor 1,696.81
INTERCONTINENTAL PACKAGING CO. Wine 1,123.5-:
MIDWEST WINE CO. Wine 2,283.0E
GRIGGS, COOPER & CO.,INC. Liquor 6,038.3
JOHNSON BROS. WHOLESALE Wine 3,242.6_'
TWIN CITY WINE Wine 1,315.0..
1 ED. PHILLIPS & SONS Wine 4,908.1;'
OLD PEORIA CO. INC. Wine 4,251.91
AMERICAN LINEN SUPPLY Service 8.4`
/ AMER. NATL. BANK & TRUST CO. Bond Payment 350,786.01
'" AMERICAN SCIENTIFIC PRODUCTS Eye Wash-Water Dept. 283.?:
•,9 AMERICAN SOCIETY OF LANDSCAPE Dues 160.0,`
i;0 EARL ANDERSEN ASSOCIATES Fire hydrant & valve box posts, Water Dept.posts,
Park Dept. traffic signs 2,368.9;'
' 61 AQUA CITY IRRIGATIDN Service-Round Lake Park 984.5
C:;62 ASSOCIATED ASPHALT, INC. Blacktop 3,428.0" ,
95u3 MENARDS Paint 18.7'.
9564 NOVA-PLAZAS Expenses-Conununity Services 3.0`,i.
9565 ASSDCIATED WELL DRILLER,INC. Service-Round Lake Park 228.3
Page .0
•
Decu .•r 15, 1981
9565 ASTLEFORD EQUIPMENT CO. Equipment repair & parts 66.20
956/, BRYAN BERGSTROM Volleyball official 48.OD
95611 BIO INTEGRAL RESOURCE CENTER Subscription-Forestry Dept. 25.00
9569 BLACK & VEAT II Service-Water Treatment Plant 4,701.72
9570 BLOOMINGTON CHRYSLER-PLYMOUTH Equipment repair & parts 15.16
9571 BOYER FORD TRUCKS Equipment repair & parts-Forestry Dept. 473.68
9572 BRAIJN ENGINEERING TESTING Service-Bennett Place 164.00
9573 BRYAN ROCK PRODUCTS Rock 1,299.05
9574 BUTCH'S BAR SUPPLY Supplies-Liquor Stores 189.10
9575 CASH REGISTER SALES Equipment parts-L/S Prairie Village Mall 12.06
9576 CIIANHASSEN AUTO PARTS Equipment parts 1,498.65
9577 VOID OUT CHECK 50.00
9578 CHICAGO & NW. TRANSPORTATION Fee-Water Dept.
9579 VOID OUT CHECK 41 29
9580 COPY EQUIPMENT INC. Supplies-Park Planning 146 29
•
9581 CLUTCH & U-JOINT Equipment repair & parts 176.94
9582 CUTLER-MAGNER CO. Quicklime-Water Dept. 3,153.72
9583 CROWLEY FENCE CO. Hockey Rink Gate 02 00
9584 WARD DAHLBERG Mileage
9585 . DALCO Vacumn, Scrubber floor machine-Community Center 7,250.00
9536 DOMTAR INDUSTRIES, INC. Salt 3,768.69
9587 DORIIOLT PRINTING & STATIONERY Office Supplies 39.86
9588 DRISKILL'S SUPER VALU Nov. Charges-City Hall Coffee 63.70
9589 DYNA SYSTEMS Equipment parts 91.14
9590 EP SCHOOL DISTRICT #272 Fuel 1,560.7E
9591 ESS BROS. & SONS Grates-Street Depts. 105.00
951- JOHN ESS & SONS, INC. Wire- Hockey rink, Round Lake Park 5,580.00
95Ik. ELECTRIC SERVICE CO. Equipment-Maintenance 1,110.00
9594 FARMERS STEEL CO. Pipe-Round Lake Hockey Rink 152.84
9595 FEED-RITE CONTROLS, INC. Sulfate-Water Dept. 2,902.00
9596 FINLEY BROS. ENTERPRISES Service-Round Lake Park 6,770.00
9591 PAUL FOSS PRINTING & LTIHOGRAPH Decal License-Finance Dept. 139.00
9590 FRONTIER LUMBER & HARDWARE Lumber-Park Dept. 214.10
9::19 GARWOOD-TWIN CITIES TRUCK EQUIP. Equipment repair & parts 168.35
(.1iTh) R. L. GOULD & CO. Clamps-Park Dept. 88.10
r.. i GROSS INDUSTRIAL SERVICES Service 64.64
GUNNAR ELECTRIC CO. Bulb-Park Dept. 15.86
CHUCK HARDY Volleyball Official 33.00
HENNEPIN COUNTY TREASURER Bolts & Nuts-Street Dept. 31.30
HIRSCH BROTHERS Service 50.00
IIOLMSTEN ICE RINK Service-E.P Community Center 53,649.00
HOPKINS DODGE SALES, INC. Equipment parts 17.01
HOPKINS PARTS CO. Equipment parts 59.75
IMPERIAL, INC. Nuts and bolts 67.13
J & R RADIATOR CORP. Equipment repair 21.00
JIJSTUS LUMBER CO. Lumber-Park Dept. & Preserve Liquor Store 201.36
KIRAEMER'S HOME CENTER Heat tape, insulation-Water Dept. 80.57
LANDCO EQUIPMENT, INC. Equipment repair-Forestry Dept. 49.53
• LANOICO Refund-Contractors License 15.00
M.E.°HICKEY" LANE, INC. Insurance 129.09
LEEF BROS, INC. Service 161.80
Expenses 19.67
' JACK LYTLEHU Skylights-Watery De t. 804.00
FIACARTIIl1R CO. p 0
19'1 Il\TT'S AUTO SERVICE, INC. Towing Service 179 75.000
70 METRO FDNE COMMUNICA1IONS, INC. Service
>u MIDWEST ASPHALT CORP. Sand, Blacktop 9,305.91
149 385.6.O
Yi.22 MINNEAPDLIS STAR & TRIBUNE Employment Ads-Community Center
2'111 •
PAC' WEE
DEC%r R 15, 1981
9623 MINNEGASCO Service 103.48
9674 MINNESOTA MECHANICAL, INC. Repair-Water Dept. 308.00
962i MODERN TIRE CO. Tires, equipment parts 1,544.50
961( MRPA 1EAM REGISTRATION Fee-Recreation Dept. 84.00
967/ NATIONAL PEN CORP. Supplies-Water Dept. 56.90
967,s NW. NATIONAL BANK OF MPLS. Bond Payment 657,413.20
96?q NORTH STAR ABSTRACT Refund for Special Assessments 752.79
963.1 POWER BRAKE EQUIPMENT CO. Equipment- Street Maintenance 102.74
9631 RAINBOW MECHANICAL INC. Service-EP Community Center 9,720.00
9632 RAINBOW SIGNS INC. Cards-Bond Referendum 59.01
9633 RAPID COPY, INC. Liquor I.D. Cards 24.00
9634 DAVID RAQUET Wrench-Street Maintenance 8.50
9635 REGISTER MEDIA, INC. Ads-Liquor Stores 118.00
9636 RIEKE-CARROLL-MULLER ASSOCIATES Service-Valley View Rd.,Franlo Rd.& Preserve Blvd.
Utilities, Schooner Blvd:, Valley Place Offices
Improvements 20,180.60
9637 ST. REGIS PAPER CO. Posts-Round Lake Park 375.00
9638 KATHY SCHUMACHER Tests -Public Safety Dept. 75.00
9639 SMILEY-GLOTTER ASSOCIATES INC. Service-EP Community Center 409.60
9640 VOID OUT CHECK
9641 SPORTS WORLD Supplies-Rec. Dept. 137.80
9642 SUBURBAN CHEVROLET CO. Equipment repair & parts 619.74
9643 SULLIVANS SERVICES, INC. Service-Valley View Road 50.00
9644 SUPPLEE ENTERPRISES, INC. Supplies-Liquor Store, Preserve 22.15
9645 SUTPHEN CORP. Cab door Opener-Fire Dept. 36.55
9646 TOWNS EDGE FORD, INC. Equipment repair & parts 196.74
9617 DOUGLAS P. TRIPP Basketball Official 22.00
96i THE TYPE HOUSE + DURAGRAPH INC. Paper-Planning Dept. 5.90
964I& UNIFORMS UNLIMITED Uniforms 406.65
9650 UNIVERSITY OF MINNESOTA Conference-Engineering Dept. 40.00
9651 WALDOR PUMP & EQUIPMENT CO. Pipe-Park Maintenance 200.D0
965? KEITH WALL Expenses 41.88
9653 WATER PRODUCTS CO. Meters, pipe 603.95
96i1 WEAVER ELECTRIC CO. INC. Service-EP Community Center 7,524.00
9k XEROX CORPORATION Service 269.29
9+: ZIEGLER TIRE SERVICE Tires, equipment parts 920.14
EARL F. ANDERSEN & ASSOCIATES Signs 86.40
FRED G. ANDERSON, INC. Shades-City Manager 125.64
''°~ LES BRIDGER Expenses 12.92
C.S. L. PROPERTIES Refund-Water & Sewer Bill 258.07
DANCE RECORD DISTRIBUTORS LTD. Records-Senior Center 62.60
DAY-TIMER, INC. Office Supplies- Planning Dept. 14.23
M. P. DICKSON ELECTRIC Service-Park Dept. 100.00
DON'S SOD SERVICE SODDING Sod, dirt-Parks 10,077.25
OORHOLT PRINTING & STATIONERY Letterhead-Police Dept. 87.50
DRISKILL'S SUPER VALU Supplies-Senior Center 22.23
EP SANITATION CO. Service-November 1981 90.00
CITY OF EDINA Tests- Water 111.00
FLYING CLOUD OIL CO. Fuel 3,525.80
i JAN FLYNN Supplies-Senior Center 7.88
--1 GENERAL COMMUNICATIONS INC Equipment repair & parts 226.99
. 7 HENNEPIN COUNTY FINANCE DEPT. Board of Prisoners 777.00
)( INGRAM EXCAVATING Haul hock 10,621.50
9G.=, CARL JULLIE Expenses 33.54
9675 LABELLP- Recorder-Senior Center 99.84
9676 A. K. CONSTRUCTION, INC., Service-Water Supply, Wells 4,5,& 6 97,461.45
9677 BEER WHOLESALERS INC. Beer 5,770.49
9673 BROWN & CRIS, INC Service-Sunset Trails Estate 6,403.80
a-77f
•
PAG: •OUR
DEC'. ER 15, 1981
967r. BROWN & CRIS, INC. Service-Norseman Ind. Park, 4th Addiditon 3,144.46
96,s1:; BROWN & CRIS, INC. Service-Rymarland Camp, 2nd Addition 27,400.41
96111 BROWN & CRIS, INC.,. Service-Valley View Road 13,382.60
96:. BROWN & CRIS, INC. Service-High Trails Estates, Utilities 3,272.61
968) BROWN & CRIS, INC. Service-Cardinal Creek Addition 26,999.5+'
968,1; BROWN & CRIS, INC Service-Dell Road 16,598.19
968,` CAPITOL CITY DISTRIBUTING CO. Beer 31.80
9686 BROWN Si CRIS, INC. Service-Cardinal Creek, 2nd Addition 19,509.74
9687 CITY CLUB DISTRIBUTING Beer 3,920.80
9688 COCA-COLA BOTTLING MIDWEST Mixes 763.12
9689 OAY DISTRIBUTING CO. Beer 3,984.45
9690 EAST SIDE BEVERAGE CO. Beer 9,053.7C
9691 GOLD MEDAL BEVERAGE CO. Mixes 212.96
9692 OIRECTOR OF PROPERTY TAXATION Taxes-More Property 187.3r
9693 PAULINE KACHER Instructor-Creative Dance 200.00
9694 KIRSCH DISTRIBUTING CO. Beer 503.80
9695 BOB LAMBERT Expenses 154.2E
9696 LONG LAKE FORD TRACTOR Equipment parts 167.67
9697 METROPOLITAN FIRE EQUIP Service B6.45
9698 MINNETONKA COMMUNITY SERVICES Expenses 14.20
9699 MINNESOTA WANNER CO. Equipment parts 33.80
9700 RAY MITCHELL Expenses 31.87
9701 MINN CHIEFS OF POLICE ASSN. 1982 Dues-Public Safety Dept. 30.00
9702 MINNEGASCO Services 86.9?
9703 NORTHERN STATES POWER Services • 1,057.2E
9704 NORTHWESTERN BELL TELEPHONE Service 2,172.95
9705 A. J. OGLE CO. Beer 1,184.3?
91t OXBORO LUMBER CO. Stakes-Park Dept. 6.30
97 THE PREST CO. Switch-Water Dept. • 27.33
9708 SEVEN UP & PEPSI COLA BOTTLING Mixes 525.30
9709 W. GORDON SMITH CO. Anti-freeze, Gas Guard, Brake Shoes- Street Main. 346.9:
9710 THORPE DISTRIBUTING CO. Beer 7,109.6'
9711 TAYLOR RENTAL Equipment rental-Sunbonnet Days 185.0:?
971' LYNN WI EDEWITSCH Instructor-Baton & Dance . 432.00
BARDAROSSA & SONS, INC. Service-Water Treatment Plant Addition 175,560.0C,
FLYING CLOUO SANITARY LANDFILL Service 16.0r:
HENNEN CONSTRUCTION Service-San. Sewer, Storm Sewer, Watermain 16,101.5:
• RICHARD KNUTSON, INC. Service-Valley Place Office Park & Franlo Road 213,202. 0
RICHARD KNUTSON, INC. Service-Bennett Place Improvement 42,890.0
MINN-KOTA EXCAVATING, INC. Service-Water Treatment Plant 89,389.2
NORTHERN CONTRACTING, INC. Service-Round Lake Area Utilities 10,044.5:'
PITTSBURG-OES MOINES CORP. Service-Elevated Storage Reservoir & Watermain 83,678.A!r
,i'I PROGRESSIVE CONTRACTORS, INC Service-Valley View Road,Phase II 62,227.37
PROGRESSIVE CONTRACTORS,INC Service-Valley View Rd. Walkways, Bridge, Site
Improvements 5,753.9:
SHAFER CONSTRUCTION CO. Service-Anderson Lakes Parkway, Homeward Hills,
Lake Eden Park 5,280.75
`,'04 TWIN CITY TESTING & ENG. LAB. Tests-Water Dept. 419.78
'05 EP. SCHOOL DIST. 272 Custodial Service-November 1981 1,024.1-
/06 HONEYWELL PROTECTION SERVICES Service 249.0u
1•177 KARULF HAROWARE, INC. Clamps, paint, latch, putty knives, nails, batteries
bolts& nuts, hinges, concrete, rods, staples, drill
bit, auger bit, keys, pick handle, bulbs, trowel,
shelves, pliers, coffeemakers, cords 488.90
972B LANG, PAULY & GREGERSON, LTD. Legal Service 6,435.9'
9729 MINNESOTA GAS CO. Service 75.8i,
9730 WM. MUELLER & SONS Sand-Community Center 62.70,
PAG IVE
DEC. .,ER 15, 1931
973', NORTHERN STATES POWER CO. Service 5,900.0°
973: NORTHWESTERN BELL TELEPHONE Service 154.54
97 ' SAILOR NEWSPAPERS, INC. Ads-Liquor Stores 188.50
91 SOUTHWEST SUBURBAN'PUBLISHING Legal Ads 348.10
973J STAR CONTRACTORS Service-Warming House/ Holly Road 9,905.00
9736 DENNIS WELLS Refund on Building Permit 1,127.92
TOTAL $2,120,885.15
Unapproved
Planning Commissin Minutes emts 981
• ,MEMBERS ABSENT: Retterath & Gartner
C. KINDER-CARE LEARNING CENTER, by Kinder-Care. .Request for a
revised site plan amendment to locate a Kinder-Care Learning
Center in an Office District. A public meeting.
The Planner stated that this site was originally approved as Mile West Office in
1979. He stated that a day care center is a permitted use in the office zone
but stated that the proponent is requesting a site plan amendment. He introduced
Mr. Robert Fors of Kinder-Care Learning Centers.
Fors stated that Kinder-Care is a center out of Montgomery, AL and the building
will have a brick exterior.
The Planner reviewed the staff report dated November 4, 1981. He stated there will
be 9 parking stalls in the front of the building and stated that he has called
around adequate oHeestated Kinder-Care
cashLearning
feeCenters
shouldand
befound
addedthat
thethe
staffparking
re been
port.
Torjesen asked The Planner if setbacks were looked at from what may eventually
be a public road. The Planner replied that the best solution would be to have the
entrance east along Mr. Steak but stated that is not contemplated at this time.
He stated that the other uses already surrounding the tenter would not have the
proper setbacks for a public road.
Sutliff asked if the entrance by Chesters is a right-in only. The Planner replied
yes.
Hallett asked the age group for the Kinder-Care Center. Fors replied ages run from
6 months to 12 years.
Torjesen asked the grade for the property. The Planner replied 840 and stated that
it is appropriate.
MOTION of the revised site plan
•
Marhula moved to recommend to the City Council approval
to allow Kinder-Care to locate on the Mile West Office site as per the staff
report dated November 4, 1981 adding #5 Cash park fee; and #6 Proof of access on
the existing access easement. Torjesen seconded, motion carried 5-0.
2731
•
•
UNAPPROVED
m
Human Rights & Services Comission November 9, 19 1
Men:!.Ars ahsent; James, Norberg, Lockman• .
V. NEW EUSTNL'&;
Kinder Care Learning Center - The Commission looked at the plans for the
Kinder Care Learning Center. Flynn will attempt to gather the following
information for the December 14th meeting:
- age levels included
- costs for child care
- number of children
- staffing
- safety off Highway S
•
1
27
•
0 STAFF REPORT •
TO: Planning Conmission .
FROM: Jean Johnson, Assistant Planner
THROUGH: Chris Enger, Director of Planning
DATE: November 4, 1981
SUBJECT: KINDER-CARE LEARNING CENTER
REQUEST: Amend approved Mile West plan for a Kinder-Care
Learning Center day-care facility.
BACKGROUND
The City approved the Mile West Office rezoning on March 18, 1980 according
to the attached plan (Fig. 1). The Mile West building has not been con-
structed.
AMENDMENT •
Mile West (approved) Kinder-Care (proposed)
Size of Building 6200 sq. ft. 4900 tq. ft.
F.A.R. 18% 14% •
Parking Area 6000 sq. ft. 1700 sq. ft.
The Kinder-Care proposal depicts less building and parking coverage and
grading of the site.
A Kinder-Care business use is a permitted use in the Office District.
"Ord. 135, Sec. 6, 6.1
d. To provide space for semi-public facilities and
institutions that appropriately may be located in
Office Districts."
If a Kinder-Care were built (4900±) and converted later to traiitional office
space, 15 parking spaces would have to be added to meet ordinance require-
ments. There is area on the site to accommodate this.
Kinder-Care themselves propose 9 parking spaces. They have utilized this
building in other cities with such parking; and those cities have informed
us no parking problems have occured. If additional parking is deemed
necessary by City, owner would have to construct additional stalls.
SITE PLAN
The Kidr-Care building is located in the northeast portion of the site
with a fence yard around the building and the south end of the site for a
control playground.
2)13
Staff Report-Kinder-Care page 2
S
The grading of this site and the adjacent Mid-American Homes Office do
match along the northern half of each site. Along the southern portion
of the site, Mid-Am. Homes will be cutting 6-8 feet along the propertys'
common line and installing a retaining wall. This retaining wall is 60
feet away from the Kinder-Care fenced playground.
The concrete trash pad must be screened with a 6 foot high wood fence
along with, landscape materials.
TRANSPORTATION
Mr. Andrus, Mile West Office, had granted a 26 foot wide easement along
the north side of this property which provides access to the Mid-Am. Homes
Office to the east (see Fig. 2). The new owner should also consent to
this and join the condominium association for ownership and maintenance
of the private roads and utilities.
Soon , the City Engineering Department will he studying the
possibility of public streets within the Edenvale Recreational Center as
directed by the Council.
The building construction will be face brick, asphalt roof shingles, and
a cupula which projects approximately 4 feet above the highest roof line.
•
•
FINDINGS AND CONCLUSIONS
-Kinder-Care is a permitted use in Office District;
•
-Kinder-Care's site plan covers less of the site both in building and
parking;
-Kinder-Care's use will not conflict with existing uses.
RECOMMENDATIONS
The Planning Staff would recommend approval of the revised development
plan for a Kinder-Care on the Mile West Office site contingent upon the
following:
1. If parking is found inadequate by the Planning Director, Kinder-Care
must meet with Staff to designate additional spaces. If the building
is converted to traditional office, 5 spaces per 1,000 sq. ft. G.F.A.
must be provided as approved by City prior to change in occupancy.
2. A detailed landscaping plan must be approved prior to issuance of a
building permit.
3. Construction will be subject to review and approval by the City Building
and Engineering Oepartments.
4. Kinder-Care must join the Condominium Association and provide the 26'
{ wide easement along the north end of the site if not already accomplished.
0.1:ss 2(1 aN
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bo 10 Minnesota
Department of Transportation
t •
r District 5
• 4' 2055 No. Lilac Drive
• Op TO Golden Valley, Minnesota 55422.
November 16, 1981 (e12)545.3761
Mr. Chris Enger
Planning Director
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
In Reply Refer To: 315
S.P. 2701 T.H. 5
Plat review of Kinder Care Learning Center
located in the northeast quadrant of TH 5
and Mitchell Road in Lot 4, Block 1,
Edengale Recreation Center 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:
- Access to this development should be provided by local street connections
to Mitchell Road.
- Noise levels in this area can be expected to exceed State Daytime Noise
Standards. The city and developer should be aware that"Mn/DOT will not
provide any type of noise abatement for new development adjacent to the
existing highway. We suggest every effort be made in design of the
development to lessen any impact this might have on it.
If you have any question in regard to these comments, please contact our
Layout, Research and Development Engineer, Mr. J. S. Katz at 545-3761 ext. 150.
Thank you for your cooperation in this matter.
Siuccr"_1 ,
D. M. Crawfor , P.E.
District Engineer
cc: Charles Weaver
Metropolitan Council
•
Mike Reiter
Hennepin County Surveyor's Office
An Equal Oppo tunify Employer
Oct. 20, 1981
EDEN PRAIRIE
KINDER CARE LEARNING CENTER
1. Existing Land Use: Vacant
2. Neighborhood Commercial : Guide Plan Designation
3. Zoning: Office District
4. Start December, 1981 : Construction Schedule
Completion May, 198.
5. Lease Back - Long Term
Finance
6. Plans Enclosed for site development & building elevation.
7. Easements Attached
8. Ground Cover 15Z
9. Kinder-Care has Centers in:
Blaine Apple Valley
Coon Rapids Stillwater
Brooklyn Park Maple Grove
Burnsville North Oaks
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TO: Mayor and City Council
FROM: John D. Frane, Finance Director
DATE: December 9, 1981
RE: Final Approval M.I.D.B.'s Kinder-Care - $250,000 - Resolution 81-243
The Kinder-Care Project located east of Chesters is requesting final
approval of their project. The City Attorney's office may not have
had an opportunity to review the final documents by the 15th. We
suggest that the Council approve resolution 81-243 with the provision
that the City Attorney be authorized to make such changes as he deems
necessary. The resolution will be in the Mayor's signature file.
JDF:bw
12/9/81
S
2�9U
STAFF REPORT
•••.
•
TO: • Planning Commission
FROM: Chris Enger, Director of Planning
DATE: December 9, 19B1
SUBJECT: AID INSURANCE CO.
REQUEST: Site plan amendment and approval of an RLS
for re-subdivision of Prairie Lakes Business
Park and a site plan amendment to the
approved PUD and plat for Prairie Lakes
Business Park zoned office.
BACKGROUND
In July of 1979, Hartford Real Estate Company received PUD approval.
platting and zoning of approximately 160 acres now known as Prairie Lakes
Business Park directly west of Anderson Lakes and east of Eden Prairie
Shopping Center. Hartford has constructed on Lot 3, Block 1 of that plat
Prairie Lakes Office Building which is currently being occupied, Hartford
also constructed the first approximately 1000 feet of the spine road pri-
marily to serve the first lot.
At this time AID Insurance Company of Des Moines, Iowa wishes to construct
a 40,000 sq. ft. regional office building. In order to accomplish this,
AID Insurance Co. desires to split Lot 5 of Block 1,as shown in their
Exhibit of the Prairie Lakes Center Business Park, into 2 pieces so that
they would be able to purchase the southerly 5 acre piece leaving the
approximately 2 acre northern piece to be either built on independantly
or absorbed into Lot 4, Block 1. AID Insurance Co. is proposing an
RLS in order to divide this property. Although the splitting of this lot
is not exactly in conformance with the original development plan, it was
expected at the time of approval of the original plan, that some variances
would have to be made in the lot line as actual interested companies surfaced.
The staff-feels that the 2 acre remnant should not be marketed as a separate
site but should be assimilated'iitb Lot 4, Block 1 and perhaps that site either
sold as one piece or split into 2 similarly sized pieces.
There are several obligations that Hartford Real Estate Company and AID
Insurance Company have as a part of construction of the building on this lot.
1. The spine road now known as Prairie Lakes Drive must be extended
approximately 1/3 of a mile southeasterly from its current termination
to service this site. It is unknown at this time whether Hartford
Real Estate Co. proposes to do this through private construction or
whether they intend to petition the City for its construction, If they
intend to petition the City for construction, the petition should be a
100% petition and the Engineering Department has suggested that the
assessment be spread over 5 years. Concurrent with the construction
i' of the remainder of Prairie Lakes Drive,a 5 foot wide concrete sidewalk
must be installed along one side of the road within the road right-of-way.
279/
Staff Report-AID Insurance Cb.. page 2
110 2. A grading concept was fairly well developed for the entire Prairie
Lakes Business Park at the time of original submission, This grading
concept called for heavy berming of the parking lot areas adjacent to
Prairie Lakes Drive in order to create a more exclusive office park.
This is not clearly depicted in the preliminary information obtained
from AID and must be depicted on the final grading plan submitted for
building permit.
3. In the development agreement Hartford signed, they also agreed to
place certain buffering berms along the north portion of the North-
mark II.residential area concurrent with individual building siting.
We have included an illustration which shows in yellow the first
phase building that has been constructed by Hartford and the berming
also shown in yellow that was placed along the northern portion of
Northmark II and the landscaping committed to shown in yellow along
Anderson Lakes shoreline. The berming along the northeast portion
of Northmark II which is shown in blue corresponds with the con-
struction of this AID building and must be placed and landscaped'
concurrent with construction of the building.
4. No information has been submitted illustrating a strong landscape
barrier between the AID Office site and the Anderson Lakes Nature
Center to the east. Hartford had developed an overall master land-
scaping plan for the exterior planting and AID must follow this and
submit detailed landscaping plans of the entire site with particular
attention to the Anderson Lakes barrier prior to building permit
issuance. The relationship of the parking lot area to the lake should
be treated through the use of berming to screen the parking lot from
the Nature Center to the east.
5. In the original development agreement, Hartford was allowed a variance
in parking of 4 spaces per 1000 from the required 5 spaces per 1000
square feet of gross floor area provided that there was adequate space
on the site set aside to provide atgrade parking for 5 spaces per 1000.
A quick calculation of the parking illustrated reveals approximately
145 spaces depicted with the first phase. A 40,000 sq. ft. building
would require at 4 per 1000, 160 parking spaces and at 5 per 1000,
would require 200 spaces. Therefore, the proponent seems somewhat
shy on parking and should revise the site plan accordingly to provide
adequate parking.
6. Prior to building permit issuance, a detailed grading plan must be
submitted which shows both proposed and existing contours. The plan
submitted shows existing contours only to the point where the proposed
contours begin so that the amount of cut and fill is difficult to be
evaluated.
7. The proponent is adhereing to the overall drainage plan layed out by
Hartford Real Estate Company whereby drainage from the parking lot
areas be collected in catch basins and taken back toward the west to
the storm sewer collection system that will be installed at Prairie
Lakes Drive,and ultimately lead to the large sedimentation pond
constructed in front of the existing Hartford building for disbursement
into Anderson Lakes. The proponent must appear before the Nine Mile
Creek Watershed District with an erosion and sedimentation control plan
prior to construction.
Staff Report-AID Insurance Co. • page 3
fit RECOMMENDATIONS
The Planning Staff would reconmend that the Planning Commission find the
site plan revision in conformance with the overall Hartford Real Estate
Development plan and recommend approval of the site plan amendment and
RLS land division to the City Council subsequent to the items listed in
this report.
CE:ss
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•
MEMO
TO: Mayor Penzel and City Council Members
THROUGH: Carl Jullie, City Manager
Eugene A. Dietz, Public Works Director'
FROM: David Dlson, Engineering Technician
DATE: December 8, 1981
SUBJECT: Registered Land Survey for
AID Insurance Company
•
The attached RLS covering Lot 5, Block 1, Prairie Lakes Business Park has been
submitted for City Council approval by AID Insurance Company. Construction of
an office building to be occupied by AID is proposed on Tract B of the
proposed RLS. The Planning Commission is scheduled to conduct a public
hearing on the proposal at its December 14, 1981. The City Council is
scheduled to review the proposal on December 15, 1981. Approval of the RLS
will eliminate the need for meets and bounds description thus symplifying
identification of the parcels for tax and sale purposes. The parcel areas
• resulting from this division are Tract A approximately 2.7 acres and Tract B
lb approximately 5.0 acres. Recommend approval of the Registered Land Survey
for Lot 5, Block 1, Prairie Lakes Business Park subject to approval of the
site plan by the City Council.
DLO:sg
•
MEMO
101 •
TO: Mayor and City Council
FROM: Jean Johnson, Assistant Planner
THROUGH: Chris Enger, Director of Planning
DATE: December 9, 1981
REGARDING: MITCHELL HEIGHTS TOWNHOUSE Developer's Agreement Extension
The City Council approved the Mitchell Heights Developer's Agreement by
Ryco Development on October 2, 1979. THe project consists of 15 acres
located at Scenic Heights Road and Mitchell Road to be developed as 94
townhouses.
Ryco Development has sold the project to Richard Miller Homes, Inc. Mr.
Richard Miller desires a one year extension of the time limit of October
2, 1981 to October 2, 1982. The staff would recommend the extension.
This item, although expiring on October 2, 1981, was not immediately
avaitable to go to the Council for review because we had difficulty in
locating Ryco Development and only recently confirmed Richard Miller
Homes, Inc.'s purchase of the site.
4
JJ:ss
•
(1ale
•
IIMAGINEER 7900 TIMBER LAKE DRIVEIEDEN PRAIRIE,MINNESOTA 553441 AREA CODE6121937.8600
EC
W
O
V
R
December 9, 1981
Mayor Penzel and City Council Members
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Re: Mitchell Heights Townhouses
Gentlemen,
Please extend all zoning on the Mitchell Heights Townhouse
property for one year. Thank you.
Sincerely,
•
Melvin J. Ford
MJF:cs
01610
•
Westwood Ind. Park
CITY OF EDEN PRAIRIE
• HENNEPIN CDUNTY, MINNESOTA
Ordinance No. 81-20
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, •
See 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 I-2-Park District.
Section 2. The above described property shall be subject to the terms •
and conditions of that certain Developer's Agreement dated as of
0 1981 between RICHARD ANDERSON, INC., and the CITY OF EDEN PRAIRIE, which
• Agreement is hereby made a part hereof and shall be subject to all of the
ordinances, rules and regulations of the City of Eden Prairie relating to the
I-2 Park 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 15 day of September, 198I 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:
l
ohn 15 Frane, City Clerk
PUBLISHED in the Eden Prairie News on the day of • , 1981.
219Y
1
The North 1/2 of the East 75 rods of the Northwest Quarter, Section 3,
Township 116 North, Range 22 West of the 5th Principal Meridian according
to the United States Government thereof and situate in Hennepin County,....
® Minnesota, EXCEPT that part described as follows:
Commening at the northwest corner of said North 1/2 of the
East 75 Rods of the Northwest Quarter; thence South 1 degree
51 minutes 37 seconds East on an assumed bearing along the west
line of said North 1/2 of the East 75 Rods of the Northwest
Quarter a distance of 1047.24 feet to the point of beginning;
thence South 76 degrees 38 minutes 33 seconds East a distance of
300.00 feet; thence South 19 degrees 23 minutes 41 seconds East
a distance of 350.00 feet to the south line of said North 1/2 of
the East 75 Rods of the Northwest Quarter; thence westerly along
said south line to the southwest corner of said North 1/2 of the
East 75 Rods of the Northwest Quarter; thence northerly along the
west line of said North 1/.2 of the East 75 Rods of the Northwest.
Quarter to the point of beginning.
And also EXCEPT:
Beginning at the northeast corner of said North 1/2 of the East
75 Rods of the Northwest Quarter; thence South 89 degrees 50
minutes 22 seconds West on an assumed bearing along the north
line of said North 1/2 of the East 75 Rods of the Northwest
Quarter a distance of 25.00 feet; thence South 4 degrees 11
minutes 40 seconds East a distance of 368.05 feet; thence South
10 22 degrees 10 minutes 26 seconds West a distance of 81.02 feet;
thence South 5 degrees 8 minutes 47 seconds West a distance of •
180.35 feet; thence South 1 degree 51 minutes 37 seconds West a
distance of 195.00 feet; thence South 58 degrees 20 minutes
20 seconds West a distance of 126.76 feet; thence South 24 degrees
42 minutes 17 seconds West a distance of 105.9 feet; thence South
5 degrees 36 minutes 24 seconds East a distance of 491.03 feet
to the south line of said North 1/2 of the East 75 Rods of the
Northwest Quarter; thence easterly along said south line to the
southeast corner of said North 1/2 of the East 75 Rods of the
Northwest Quarter; thence northerly along the east line of said
,,,, ,i:,:
North 1/2 of the East 75 Rods of the Northwest Quarter to the
point of beginning.
• yr-
• EXHIBIT A
099
Westwood Ind. Pk.
9/81
11/81
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1981
by and between Richard W. Anderson, Inc., a Minnesota corporation, herein-
after referred to as "Owner" and the CITY OF EDEN PRAIRIE, a Minnesota
municipal corporation, hereinafter referred to as "City",
WITNESSETH:
WHEREAS, Owner has applied to City to rezone from Rural to I-2 Park
approximately 40 acres, situated in Hennepin County, State of Minnesota,
and hereafter referred to as "the property", and
WHEREAS, Owner desires to develop the property into 4 lots for indus-
trial uses and 2 outlots.
NOW THEREFORE, in consideration of the City adopting Ordinance No.
410 81-20, and Resolution Nos. 81-187, and 81-188, Owner covenants and agrees
to construction upon, development, and maintenance of said property as •
follows:
1. Owner shall plat and develop the property in conformance
with the material dated 9/9/81 reviewed and approved by
the City Council on 9/15/81 and attached hereto as Exhibit B,
herein. Owner shall not develop, construct upon, or
maintain the property in any other respect or manner than
provided herein.
2. Owner covenants and agrees to the performance and obser-
vance by Owner at such times and in such manner as provided
therein of all of the terms, covenants, agreements, and
conditions set forth in Exhibit C, attached hereto and
made a part hereof.
2700
'Developer's Agreemnet-Westwood Ind. Pk. page 2
3. Owner shall final plat the property depicting the moraine
• along the east side of the property and the Nine tlile Creek
floodplain at the southwest corner of the property, both
outlined in red on Exhibit B, as Outlots A & B respectively.
• 4. Owner shall, immediately upon filing of the final plat and prior
to issuance of any permit for building upon the property,
grant to City a preservation easement as may be required by
City, prohibiting and restricting the grading or placing of
soil' upon, removal of soil, or cutting of vegetation, planting
of any indigenous vegetation, or construction of any building
or structure upon that portion of the property depicted as
Outlots A & B, as outlined in red on Exhibit B, and containing
such other provisions and in such form as may be required by City.
5. Owner shall, prior to issuance of any permit for building upon
the property,..install snow fencing and staked haybales along
the western edge of Outlot A as depicted in yellow on Exhibit B.
Said haybales shall remain in place until the City Engineer
determines that the property is totally restored.
All maintenance of the snow fencing and staked haybales shall
be the responsibility of Owner.
0 6. The parties acknowledge that there is a public interest in the
preservation of the trees which have been assigned a value as
depicted on Exhibit B and situated upon the property. The parties
also acknowledge that damage to this interest caused by removal
or alteration of said trees would be difficult, if not impossible,
to measure. Therefore, it is agreed that if any trees or any
part thereof described in Exhibit B is altered or destroyed by
Owner, its employees, agents or persons with whom it has con-
tracted or has given its permission, the sum shown on Exhibit B
with respect to such altered or destroyed tree(s) or part
thereof, shall be forfeitted to City by Owner as and for such
damages and such forfeiture shall not be deemed to constitute
a penalty.
•
Prior to the issuance of any permit for, or the grading, removal,
or alteration of any land or soil on or within the property,
Owner shall provide for the benefit of the City, a bond or letter
of credit in the amount of not less than $13,000.00 guaranteeing
performance of the obligations of Owner in this Paragraph 6. Such
bond or letter of credit shall contain such terms and shall be in
such form as shall be acceptable to City. Such bond or letter of
credit shall be of indefinite duration until released by City.
7. Owner shall, prior to issuance of any building permit, receive
approval of the final plat from the Hennepin County Highway
Department.
8. Owner shall, immediately upon filing of the final plat and prior to
issuance of any permit for building upon the property, grant to City
drainage and utility easements as may be required by City Engineer
containing such provisions and in such form as may be required by City.
Developer's Agreement-Westwood Iiid. Pk. page 3
9'. Owner shall screen all mechanical equipment with material
integral to the materials of the buildings, and screen all
parking *and loading areas according to City Ordinance.
10. Owner shall dedicate to the public, all right-of-way as depicted
on Exhibit B, the exact location of which will be determined by
the City Engineer.
11. Owner shall agree to accept 'fair share' assessments for the
western road, the right-of-way of which is required to be
dedicated by Paragraph 9, and joint use utilities. The City
Engineer shall determine the 'fair share' assessments.
IN WITNESS WHEREOF, the parties to this Agreement have caused these
•
presents to be executed as of the day and year aforesaid.
CITY'OF EDEN PRAIRIE
by Wolfgang H. Penzel, Mayor
by Carl J. Jullie, City Manager
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this _ day of
, 1981 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie,
the City Manager of the City of Eden Prairie, a Minnesota municipal corpor-
ation on behalf of the corporation.
//2Ei2e
otary
RICHARD W. 11NDERSON, INC,
by Richard W. Anderson, President
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing� instrument was acknowledged before me this•J4 e`day of
yo 1981 by Richard W. Anderson, President of Richard
W. Anderson, inc. a Minnesota corporation on behalf of the corporation:
•
• otary Public
TAM MY L MELGREtI
t NOTARY PUBLIC
HENNEPIN COUNTY
2 My Commission Expires Sept, I.., 1707
•
The north ; of the East 75 rods of the
Northwest Quarter, Section 3, Township
116 North, Range 22 West of the 5th
Principal Meridian according to the
United States Government thereof and
situated in Hennepin County, Minnesota,
subject to that part taken for road
purposes.
4
EXHIBIT A
•
•
2Iu3
1,
� , ' /. ' \,, r"- A ' yam. r .:_-__, __. = t- �
y of ' •. r - -'1/.•- - = I • .'% n tit ;
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g. I, , - s i 1.
'''-2-' - • •IcA_)-15' - -- - -' ..„.....-s. ...,- ..-.:- -,-_..,...,
. ' 1/4-N • •'":': • .---ix , -...., 52.,,..:, ii ,,,,, •, llintwitor•• /4 •
-;*•' .. :„. • - }.) " •-;-'. --' , - ' 1 L•• ,. „ - _- • •.• • /.7
-_... - - +Q• 1 y 1 , I .� . I I/11
�,
l It; 1. 4 • ,1 (i L 1 I I i ?+ - f: f
_ •f •
•1 i t !11 o 1ttitS1ii - • -t _ 1 �
'
•
11 .,3
I . 1 t+1i110 P o 1• 1 •.e 1 • l i
-1 ooDx
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msm
. G
'f r fn m j.
RI rox
�03 mH • H
z• N ,D
cm w rn • -, •
o
Cx S.D ' x 1
2 H CO CO
•
WESTWOOD IND. PARK-
TREE VALUE
TREE 0 DIAMETER VARIETY VALUE
. 1' 21.5" iced Oak (z D.) $ 250
2 13" , Red Oak 240
3 7" White Oak 80
4 15" Red Oak 320
5 7" Bur Oak 80
'6 51/4"' Bur Oak 70
• 7 5" Bur, Oak(severe lean) 65
8 3" Bitternut Hickory 15
9 13" Bur Oak 240
10 7" Bur Oak 80 ,
® 11 13.5" Bur Oak 240
12 13.5" Bur Dak 240
•
13 7i" Red Elm 80
13A 8" Bur Dak outside preserva- 9(1
White Oak13B 15
/tion area) •320
14 ' 12" & 13" Twin Red Elm 500
15 7" Bur Oak 80
16 5" Bur Oak • 65
17 6i" Bur Oak 75
18 14" Red Oak 275
19 5" Red Oak 65
20 20" Bur Oak (VD.) 280
21 20" Basswood 560
22 8" Bur Oak 90
.
EXHIBIT B
'O �
2 ..
Westwood 1rid. Park-Tree Survey - • ' page 2
TREE 0 DIAMETER ___ VARIETY VALUE
® 23. • 5",10",15" Basswood (Clump) $ 526 ,.,.
24 10" Bur Oak 140
25 18",5",10",8" Basswood (Clump) 754
26 6",13",13" Basswood (Clump) 550
27 8" Basswood 90
28 8" Basswood 90
29 14",14",7",10",11" . Basswood (Clump) 945
30 8".... White Oak 90
31 18",8",12",17",13" Basswood (Clump) '1,400
32 9" White Oak 115 ..
33 12" Bur Oak 200
34 7" Bur Oak 80
® 35 &" Bur Oak 90
36 21" Am. Elm 300
37 11",11" Black Cherry 340
38 7" Bur Oak 80
39 18" White Oak 450
40 5" Bur Oak 65
41 15" White Oak 315
42 15" White Oak • 315
43 11" White Oak 170
44 8",12" White Oak (Clump) 290
45 11" Bur Oak 170
46 8" White Oak 90 .
47 13" , '' Red Oak 240
i
48 12" Bur Oak 200
49 24" Dead Elm No Value
.. i --:
TOTAL $12,175.00
2110 G.
•
•
•
•
DEVELOPER ' S AGREEMENT
EXHIBIT C
• page 1 of 5
I. Prior to release of final plat, Owner shall submit to the City
• Engineer for approval two copies of a development plan (1"=100' scale)
showing existing and proposed contours, proposed streets and lot
arrangements and size, minimum floor elevations on each lot, preliminary
alignment and grades for sanitary sewer, watermain and storm sewer,
100 year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots,
location of walks, trails and any property to be deeded to the City.
II. Owner shall submit detailed construction and storm sewer
• plans to the Nine Mile Creek
Watershed District for review and approval.
•
Owner shall follow all rules and recommendations of said
Watershed District. •
' III. Owner shall pay cash park fees as to all of the property required
by any ordinance in effect as of the date of the issuance of each
6 •
building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
$ 1,400per acre . The amount to be paid by Owner shall be increased
or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
1 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
ill : 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
411 • 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.
•
e Es, 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-
. 1/80
6/81
• Lau 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
o letter
aof frcreditar-
t which
shall guarantee completion, and payment for
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
e rewithin
oone
encweek
ek
from the date of any request by City), during
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
t 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 1" for each foot from the curb line.
Owner shall maintain the sod, fiber blanket, topsoil, and grade
• until such time as the streets and improvements in the property are
. 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
i this paragraph VI:
VII. If Owner fails to proceed in accordance with thissuccessors,ent within
ns24gns
months of the date hereof. Owner for itself,
shall not oppose rezoning of said property to Rural.
. 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. 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,
equipirg, 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 Paragraph XI ., 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 Dwner's registered engineer shall
make and submit for approval to the Director of Conmun-
• ity Services a written estimate of.the costs of the
• improvements.
v.li • 1
•
•
1,80
9/10/00
. Page 5 of 5 Exhibit C
® XII. O,vrier 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 void and of no force and effect to the extent
necessary to bring such term within the provisions of 'any such applicable
law-,-or laws, and such terms as so modified and the balance of'the terms
of this agreement shall be fully enforceable.
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. •
•
ti
i •
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager Carl J. Jul l ie C�V
SUBJECT: Agreement with InterDesign, Inc. for Architectural Services
for 'Public Safety and Maintenance buildings
DATE: December 11, 1981
The attached draft agreement with InterDesign, Inc. for architectural services
is submitted for Council approval. Our initial contract with InterDesign, Inc.
covered the programming, site review, and preliminary design phases only. The
contract now proposed will carry the project through completion. The proposed
fee schedule and applied credits are consistent with their original proposal.
The quality of their work to—date has been good and they have been very
thorough in seeking input from the City staff and are willing to examine
alternates and make changes as necessary.
Recommend approval of the draft agreement with InterDesign, Inc. for completion
of architectural services for the new Public Safety and Maintenance facilities.
•
CJJ:jp
Enc.
2-6I2
•
THE AMERICAN INSTITUTE OF ARCHITECTS •
•
•
AIA Document 6141
Standard Form of Agreement Between
Owner and Architect
1977 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
AGREEMENT •
made as of the day of in the year of Nineteen
Hundred and
BETWEEN the Owner: City of Eden Prairie
and the Architect: InterDesign Inc.
For the following Project: •
(Include detailed description of Project location and scope.)
•
•
Eden Prairie City Services project consisting of two structures,Public Safety Building
(west of Mitchell Road and south of Highway No.5)and a Maintenance Building(east
of Mitchell Road and south of Highway No.5),and site work related to each structure.
The Owner and the Architect agree as set forth below.
41 Copyright 1417,1'iIN,1'l411. 17.I,1',',1,ln',A i%I 1'R�1,1T'A IAA.",I'170,1171.t:l 1'177 by the An,erican IMlilule
nl Arelnle,la,1'i:New lurk Asenue,N N•,il,1.1�,nhlnn I).I. Maio.Relu,rtlu,nnn of the material herein of
stantmUal quotation of rtt ',1U m,nation,peonio„n al the All,,„Iale,h r;npyriChl!ant of the United }dS
Slates and will be suhles t Io h•Aal
All )OCUA/I NI NMI•1))1NI R AKt ril l l i I AI,RI I bu NI•1111R1'.I NIII I I1111t 1N•I0I1 In'1•Alla•01,177
ills ANICRIC.AN Il:SllllllI C11 Alf CllliICif. 171' hi y'ORR All'.01, N.IV, WASSIMO,ION, UC:, 1iXA B141-1977 1
_ II ,
•
TERMS AND CONDITIONS OF AGREEMENT l3I.TWLEN OWNER AND ARCHITECT
ARTICLE 1 mints to previous Statements of Probable Construction •
Cost indicated by changes in requirements or general
ARCHITECT'S SERVICES AND RESPONSIBILITIES market conditions. •
BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection
The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re-
phases described in Paragraphs 1.1 through 1.5 and •
mined for the approval of governmental authorities hav •
-
include normal structural, mechanical and electrical Mg iurisd«lion over the Project. ,
engineering services and any other services included 1.4 RIDDING OR NEGOTIATION PHASE '
in Article 15 as part of Basic Services. 1.4.1 1 hr Architect,following the.Owner's approval of
1.1 SCHEMATIC DESIGN PHASE(See Article 14 &15) the Construction Documents and of the latest Statement •
'171-4--21 rchitect shall review the proem of Probable Construction Cost,shall assist the Owner in
by the Owner to as 1 s of the Project bids or negotiated proposals, and assist in •
and shall red• K-rm le landing otSnei+-r+ewitem�n1s_ aw'a«ling and preparing contracts for construction.
c wrier. 1.5 CONSTRUCTION PHASE—ADMINISTRATION
: o Architect shall provide a prelimina , 1- OF THE CONSTRUCTION CONTRACT
lion of the p2Sfr,, he Pr ••J' requirements, 1.5.1 1 he Construction Phase will commence with the
•
each in terms siffiT c limitations set •
award of the Contract for Construction and,together with
u pamgmph 3.2.1. the Al(hilect's obligation to provide Basic Services under '
reviews' this Agreement,will terminate when final payment to the
. sign an cons ru O&M of rho,I -44A. Contractor is flue,or in the absence of a final Certificate •
1.1.4 Based on the mutually agreed upon program and for Pa ynlent or of such due date,sixty days after the Date
Project budget requirements,the Architect shall prepare, of Substantial Completion of the Work,whichever occurs
for approval by the Owner,Schematic Design Documents first.
•
Consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and
the scale and relationship of Project components. incorporated in the Contract Documents, the Architect
1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construe-
ment of Probable Construction Cost based on current lion as set forth below and in the edition of AIA Docu-
area,volume or other unit costs. mint A201,General Conditions of the Contract for Con- ,
struction,current as of the date of this Agreement.
1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall he a representative of the
1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase,and shall advise
•
mints and any adjustments authorized by the Owner in and consult with the Owner.Instructions to the Contrac-
the program or Project budget, the Architect shall pre- tor shall he forwarded through the Architect.The Afchi- •
Pare, for approval by the Owner, Design Development Iect shall have authority to act on behalf of the Owner
Documents consisting of drawings and other documents only to the extent provided in the Contract Documents •
to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac-
Project as to architectural,structural,mechanical and elec- coldance with Subparagraph 1.5.16.
lrjcal systems,materials and such other elements as may 1.5,4 The Architect shall visit the site at intervals ap- '
be appropriate• propriate to the stage of construction or as otherwise i
1.2.2 The Architect shall submit to the Owner a further r agreed by the Architect in writing to become generally •
Statement of Probable Construction Cost. familiar with the progress and quality of the Work and to
1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Wurk is proceeding in accord- ,
ante with the Contract Documents. However, the Archi-
1.3.1- Based on the approved Design Development Doc- tett shall not he required to make exhaustive or con-
urnents and any further adjustments in the scope or qual- tinunus on-site inspections to check the quality or quan-
it),of the Project or in the Project budget authorized by lily of the Work.On the basis of such on-site observa- 'i
the Owner, the Architect shall prepare, for approval by Lions as an architect,the Architect shall keep the Owner
the Owner,Construction Documents consisting of Draw- informed of the progress and quality of the Work,and ,,
ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and ',
merits fur the construction of the Project. deficiencies in the Work of the Contractor. s
1.3.2 1he Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of
tion of the necessary bidding information,bidding forms, and shall not be responsible for construction means,
Om Conditions of the Contract,and the form o1 Agree- methods, techniques, sequences or procedures, or for
ment between the Owner and the Contractor. safety precautions and programs in connection with the
1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor,Sub 4
MA OM 1.,AUN1 BM.ullOO e.AKl rnnLI Al:I:nwMM•MIRO I titil I IiIiICN r pin ea;•MA,•c.1977
B141-1977 3
l ell AMLKICAN I\Sl IiUll Of Al:(OWLIS, 1:11 NOV 1UKx MI NIA, Nw, 11'Aii IIN(:1(1N, D.C. ;Ixxx(
2.410
•
contractors or any other persons performing any of the necessary or advisable for the implementation of the intent
Work, or for the failure of any of them to carry out the of the Contract I)ucuments,the Architect will have author-
Work in accordance with the Contract Documents. ity to require spot ial inspection Or testing of the Work in
1.5.6 The Architect shall at all times have access to the accord°err with the provisions of the Contract Docu-
Work wherever it is in preparation Or progress. menus,whether or not such Work be Then fabricated,in-
Work P 6 stalled or completed. •
1.5.7 The Architect shall determine the amounts owing 1.5.13 1he Architect shall review and approve or take
to the Contractor based on observations at the site and on other appropriate action upon the Contractor's submittals
evaluations of the Contractors Applications for Payment, such as Shop Drawings, Product Data and Samples,but
and shall issue Certificates for Payment in such amounts, only for conformance with the design concept of the
as provided in tire Contract Documents. Work and with the information given in the Contract
1.5.8 The issuance of a Certificate for Payment shall Documents. Such action shall he'taken with reasonable
constitute a representation by the Architect to the Owner, promptness so as to cause no delay.The Architect's ap-
•
based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an
vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component.
the Contractor's Application for Payment, dot the Work 1.5.14 The Architect shall prep .e Change Orders for
has progressed to the point indicated; that,to the best of the Owner's approval and execution in accordance with •
the Architect's knowledge,information and belief,the goal- the Contract DOr1,1MC 11S,and shall have authority to order
ity of the'Work is in accordance with the Contract Docu- minor changes in the Wilk not involving an adjustment •
ments (subject to an evaluation of the Work for con- in the Contact Sum or Vc extension of Ihc•Contract Time
forma nee with the Contract Documents upon Substantial which are nut inconsistent with the intent of the Contract
ime •
Completion, to the results of any subsequent tests re- Documents.
quired by or performed under the Contract Documents,
to minor deviations from the Contract Documents cor- 1,5.15 The Architect shall conduct inspections to deter-
recta ble prior to completion,and to any specific qualifira- mine the Dates of Substantial Completion and final corn-
tions stated in the Certificate for Payment); and that the pletion, .hall receive and forward to the Owner for the
•
Payment);
Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents
•
However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by
•
- not be a representation that the Architect has made any the Contracinl,and shall issue a final Certificate for Pay-
•
examination to ascertain how and for what purpose the mint.
•
Contractor has used the moneys paid on account of the 1,5.16 the extent of the duties,responsibilities and lim-
Contract Sum. itations of authority of the Archtcet as the Owner's rep-
1.5.9 The Architect shall be the interpreter of the re- resentatice (luting construction shall not be modified or
quirements of the Contract Documents and the judge of extended without written consent of the Owner,the Con- .
the performance thereunder by both the Owner and tractor and the Architect.
• Contractor.The Architect shall render interpretations nec- 1.6 PBOIECT REPRESENTATION BEYOND BASIC SERVICES •
essary for the proper execution or progress of the Wnrk 1,6.1 If the Architect agree that more with reasonable promptness on written request of either 1,6.1 rr e Ownern andat the sitee than is described ex-
the Owner or the Contractor,and shall render written de- I
in
cisions,within a reasonable time,on all claims,disputes Paragraph 1.5 shall be provided,the Architect shall pro-
vide one or more Project Representatives to assist the
and other relating
into the
ecubet ion the progressOwner and the Architect in carrying out such responsibilities at the site.
Contractor relating to the execution or of the
Work or the interpretation of the Contract Documents, 1.6.2 Such Project Representatives shall he selected,em-
1,5.10 Interpretations and decisions of the Architect shall Ployed and directed by the Architect, and the Architect
be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed he-
from the Contract Documents and shall be in ccriUcn or tween'the Owner and the Architect as set forth in an ex-
graphic form. In the capacity of interpreter and judge, hibit appenrled to this Agreement,which shall describe
the duties, re•punsihilitic>and limitations of authority of
the Architect shall endeavor to secure faithful perform- such utis, rt Ri•presrnities s.
ance by both the Owner and the Contractor, shall not
shoes' partiality to either,and shall not be liable for the 1.6.3 Through the observations by such Project Repro-
result of any interpretation or decision tendered in goad sentatrvrs,the Architect shall endeavor to provide further
•
faith in such capacity. plutec Lion for the Owner against defects and deficiencies
in •
the Work,but the furnishing,of such project reprrsenta-
ar5.11 The Architect's decisionsin matters e'intenatingt
to trcrrr shall r*ot modify the rights,respnnsihdties or obliga-
theslie effectr shall be final if re Architect's
with the Icons run
lion:cut the Architect as described in Paragraph'1.5.
the Contract Documents. The .Architect's decisions in
any other claims, disputes or other matters, including 1.7 ADDITIONAL StttVICES
those in question between the Owner and the Contractor, •
The following Services are not included in Basic
shall be subject to arbitration as piovich'd in this Agree- Services unless so identified in Article 11.They shall
ment and in the Contract Documents. he provided if authorized m ronfinned in writing by •
p 1.5.12 The Architect shall have authority In reject Work the Owner,and they shall br paid for by the Owner
which dues not cnninrm to the Contract Documents. as provided in this Agreement, in addition to the
Whenever, in the Architect's reasonable opinion, it is compensation for Back Services.
MA nccd trot Vl aril•Irrxr.i s.see MI.,I M,Al 1.xi,sr• I111x11 I NIII I n11HIV•i-11 1'1'.'•vise•,a 1'177 1i
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1.7.1 Providing analyses of the Owner's needs,and pro- suuction,and furnishing services as may be required in
gramming the requirements of the Project. connection wish the replacement of such Work.
•
1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default
studies. of the Contractor,or by major defects or deficiencies in
the Work of the Contractor,or by failure of performance
1.7.3 Providing planning surveys,site evaluations,envi- of either the Owner or Contractor under the Contract for
ronmental studies or comparative studies of prospective Construction,
sites,and preparing special surveys,studies and submis- 1 717 Preparing a set of reproducible record drawings
;ions required for approvals of governmental authorities
or others having jurisdiction over the Project. showing significant changes in the Work made during
constriction hared on marked-up prints, drawings and
1.7.4 Providing services relative so future facilities,sys- other data furnished by the Contractor to the Architect. •
terns and equipment which are not intended to he Cun- 1 710 Providing extensive assistance in the utilization of
structed during the Construction Phase.
any equipment or system such as initial start-up or testing,
1.7.5 Providing services to investigate existing conditions adjusting ,tics balancing, preparation of operation and
or facilities or to make measured drawings thereof,or to maintenance manuals, training personnel for operation
•
verify the accuracy of drawings or other information fur- and maintenance,and Consultation during operation.
Wished by the Owner. 1.7.19 P«riding services after issuance to the Owner of
1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment,or In the absence of a
sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after
with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work.
completion of the Construction Documents Phase,when 1.7.20 Preparing to serve or serving as an expert witness
requested by the Owner. in connection with any public hearing, arbitration pro-
1.7.7 Providing coordination of Work performed by seeding or legal proceeding.
•
•
separate contractors or by the Owner's own forces. 1.7.21 Providing, services of consultants for other than
1.7.0 Providing services in connection with the work of the normal architectural,structural,mechanical and elec-
a construction manager or separate consultants retained tfical engineering services for the Project. .
by the Owner. 1.7.22 Providing any other services not otherwise in •
-
1,7.9 Providing Detailed Estimates pf Construction Cost, eluded in this Agreement or not customarily furnished in
analyses of owning and operating costs,or detailed quan- accordance with generally accepted architectural practice. .
tity surveys or inventories of material, equipment and 1.0 11MC •
labor. 1.0.1 The Architect shall perform Basic and Additional
1.7.10 Providing interior design and oilier similar ucr- Services as expeditiously as is consistent with professional
vices required for or in connection with the selection, skill and rue and the orderly progress of the Work.Upon
procurement or installation of furniture, furnishings and request of the Owner,the Architect shall submit for the •
related equipment. Owner's approval,a schedule for the performance of the
1.7.11 Providing services for planning tenant or rental ArchitetI'S services which shall be adjusted as required as
spaces. the Project plus.eeds,and shall include allowances for peri-
ods of time required for the Owner's review and approval
1.7.12 Making revisions in Drawings, Specifications or •
of submissions and for approvals of authorities having
other dncurnents when such revisions are inconsistent jurisdu con over the Project.This schedule,when approved
with written approvals or instructions previnusly given, sly the Owner,shag not,except for reasonable cause,be
arc required by the enactment or revision of codes,laws exceeded by the Architect.
or regulations subsequent to the preparation of such doc •
-
uments or arc due to other causes not solely within the , ARTICLE 2
control of the Architect. •
1,7.13 Preparing Drawings,Specifications and supporting THE OWNER'S RESPONSIBILITIES •
data and providing other services in connection with 2.1 The Owner shall provide full information regarding
Change Orders to the extent that the adjustment in the
Basic Compensation resulting from the adjusted Con-
shall for the Project including a program,which
suuction Cost is not commensurate with the services re- shall set forth the Owner's design objectives,constraints
quired of the Architect,provided such Change Orders are and criteria,including space requirements and relation-
required by causes not solely vvisInn the control of the ships,flvcilulity and expandability,special equipment and
systems and site requirements.
Architect.
1.7.14 Making investigations,surveys,valuations,inven- 2.2 If the Owner provides a budget for the Project it
shall include contingencies for bidding, changes in the 3
tones or detailed appraisals of existing facilities,and sere- Work during construction,and other costs which are the.
ices required in connection with construction performed responsibility of the Owner,including those described in i
by the Owner. this Artie le 2 and in Subparagraph 3.1.2.The Owner shall, ..
1.7.15 Providing;consultation concerning replacement of at the request of the Architect, provide a statement of 3
any Work ciamaged by fir' or other cause during con- funds available for the Project,and their source-
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2.3 The Owner shall designate,when necessary,a rep- signed, specified, selected or specially provided for by
resentative authorized to act in the Owner's behalf with the Architect.
respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen-
representative shall examine the documents submitted by citron of the Architect and the Architect's consultants,
the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way,or other costs which
promptly,to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arli-
the Architect's services. cle 2.
'2.4 The Owner shall furnish a legal description and a
certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST
grades and lines of streets,alleys,pavements and adjoin- 3.2.1 [valuations of the Owner's Project budget, Slate-
ing property; rights-of-way, restrictions, casements, en- mentc of Probable Construction Cost and Detailed
crnachrnents, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any,prepared by the
contours of the site;locations,dimensions and complete Architect, represent the Architect's best judgment as a
data pertaining to existing buildings,other improvements design professional familiar with the construction indus-
and trees;and full information concerning available set•- try.It is recognized, however, that neither the Architect
ice and utility lines both public and private,above and nor the Owner has control over the cost of labor,mate-
below grade,including inverts and depths. rials or equipment,over the Contractor's methods of-de-
2.5 The Owner shall furnish the services of soil engi- tcrmining bid prices,or over competitive bidding,market .
neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect
necessary by the Architect.Such services shall include test cannot and dues not warrant or represent that bids or
borings,test pits,soil bearing values,percolation tests,air negotiated prices will not vary from the Project budget
and water pollution tests,ground corrosion and resistivity proposed,established or approved by the Owner,if any,
tests,including necessary operations for determining sub- or from any Statement of Probable Construction Cost or
soil,air and water conditions,with reports and appropri- other cost estimate or evaluation prepared by the Archi-
ate professional recommendations. tecl•
•
2.6 The Owner shall furnish structural, mechanical, 3.2,2 No fixed limit of Construction Cost shall be estab-
chemical and other laboratory tests, inspections and re- Iishr:cl as a condition of this Agreement by the furnishing,
ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub-
2.7 The Owner shall furnish all legal,accounting and in- Paragraph 1.1.2 or Paragraph 2.2 or otherwise,unless such
( surance counseling services as may be necessary at any tixed limit has been agreed upon in writing and signed by
time for the Project, including such auditing services as the parties hereto. If such a fixed limit has been estab-
Iished, the Architect shall be permitted to include con•
the Owner may require to verify the Contractor's Appliea-
lions for I'ayment or to ascertain how or for what pur-
lingencics for design,bidding and price escalation,to de-
lenminc what materials, equipment, component systems
poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con-
half of the Owner. tract Docunsentc,to make reasonable adjustments in the
2,8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Doti'.
gulled by Paragraphs 2.4 through 2.7 inclusive shall be melts alternate bids to adjust the Construction Cost to the
furnished at the Owner's expense,and the Architect shall fixed limit.Any such fixed limit shall be increased in the
be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring
thereof. after execution of the Contract for Construction.
2.9 If the Owner ohserces or otherwise becomes aware 3.2.3 If the[tickling or Negotiation Phase has not com •
-
of any fault or defect in the Project or nonconformance menced within three months after the Architect submits •
with the Contract Documents, prompt written notice the Ctinstnsiclion Documents to the Owner,any Project
thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad-
.The Owner shall furnish required information and 'lusted to reflect any change in the general level of prices
•
services and shall render approvals and decisions as ex- in the construction industry between the date of submis-
pcditiously as necessary for the orderly progress of the lion of the Construction Documents to the Owner and
Architect's services and of the Work. the date iris which proposals are sought.
• 3,2.4 If a Project budget or fixed limit of Construction •
ARTICLE 3 Cost(adjusted as provided in Subparagraph 1.2.3) is ex-
ceeded by the lowest bona tide bid or negotiated pro •
-
•
CONSTRUCTION COST nasal, the Owner shall (1) give written approval of an
3,1 DEFINITION increase in such fixed limit,(')authorize rebidding or re-negotiating of of the Project within a reasonable time,(3)if
3.1.1 The Construction Cnst shall be the total cost or the Project is abandoned, terminate in accordance with
estimated cost to the(Owner of all elements of the I'roject Paragraph 10.2, or (4) cooperate in revising the Project
designed or specified by the Architect. scope and quality as required to reduce the Construction
• 3.1.2 The Construction Cost shall include at current Cost.In the cams of(4),provided a lived limit of Construe-
market rotes,including a reasonable allowance for over- lion Cost has been established as a crnlhtron of this Agree-
head and profit,Ilse cost of labor and materials furnished meal,the Architect,svithnrrl additional charge,shall mod.
try the Owner and any equipment which has been de• ify the Drawings and Specifications as necessary to comply
AIA LIMA/MINT 11171•iiWNix-A(CiltTl F AO:li st!NI•NUNNINTH 11111111v•II-re rill•AIA,.•01977
6 8141-1977 1111. Amu RIiAN INtili ri lT or AcOIITTi:is, Ir IS Ni sv 10RR AvINnl', N,W., 11'A',IIINGtON, Inc.. 200r
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with the fixed limit.The providing of such service shall be or extended through no fault of the Architect,compensa- •
the limit of the Architect'c re ponsibility arising from the lion for any Basic Services required for such extended
establishment of•such fixed limit,and having done so,the period of Administration of the Construction Contract
Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi-
performed,in accordance with this Agreement,whether tional Services. t
or not the Construction Phase is commenced, 6.1.4 When compensation is based on a percentage of
Construction Cost, and any portions of the I'roject are : }
' ARTICLE 4 deleted or otherwise not constructed, compensation for
such portions of the Project shall he payable to the extent
DIRECT PERSONNEL EXPENSE services are performed on such portions, in accordance
4.1 Direct Personnel Expense is defined as the direct sal- twill the schedule set forth in Subparagraph 14.2.2,based r
• aries of all the Architect's personnel engaged on the Proj- on(11 the lowest bona fide hid fir negotiated proposal or,
ect, and the portion of the cost of their mandatory and 121 if no such hid or proposal is received,the most recent ..
customary con tibutions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti-
•
as employment taxes and other statutory employee bone- mate of Construction Cost for such portions of the Project.
fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF
and similar contributions and benefits. ADDITIONAL SERVICES
6.2.1 Payments on account of the Architect's Additional
ARTICLE 5 Services as defined in Paragraph 1.7 and for Reimbursable
REIMBURSABLE EXPENSES Expenses as defined in Article S shall be made monthly ,
upon presentation of the Architect's statement of services •
5.1 Reimbursable Expenses are in addition to the Com- rendered or expenses incurred.
pensation for Basic and Additional Services and include 6.3 PAYMENTS WITIIHELD
actual expenditures oracle by the Architect and the Archi-
(eel's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's
Project for the expenses listed in the following Suh- compensation on account of penalty,liquidated damages
paragraphs: or other slums withheld from payments to contractors,or
5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than j
.Project; living expenses in connection with out-of-town those for which the Architect is held legally liable.
1
travel; long distance communications,and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION
securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole
the Project. or in part for more than three months,the Architect shall
5.1.2 Expense of reproductions,postage and handling of Ire compensated for all services performed prior to receipt i
Drawings,Specifications and other documents,excluding of written robe a front the Owner of such suspension or
reproductions for the office use of the Architect and the abandonment,together with Reimbursable Expenses then a
Architect's consultants. clue and all'termination Expenses as defined in Paragraph ?
5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for
duition techniques when used in connection with Addi- more than three months, the Architect's compensation
tional Services. shall be equitably adjusted. s
5.1.4 If authorized in advance by the Owner,expense of '
overtime work requiring higher than regular rates. ARTICLE 7
5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS T
quested by the Owner. 7.1 Records of Reimbursable Expenses and expenses per-
5.1.6 Expense of any additional insurance coverage or twining to Additional Services and services performed on a
•
limits,including professional liability insurance,requested •iire Iracic of a Multiple of Direct Personnel Expense shall
by the Owner in excess of that normally carried by the be kept on the basis of generally accepted accounting 55
Architect and the Architect's consultants. principles and shall be available to the Owner or the
Owner's authorized representative at mutually convenient
• ARTICLE 6 times.
1
PAYMENTS TO THE ARCHITECT ARTICLE 0
6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES )
OWNERSHIP AND USE OF DOCUMENTS
6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of sew-
the minimum payment under this Agreement ice are and shall remain the property of the Architect
6.1.2 Subsequent payments for Basic Services shall he whether the Project for which,they are made is executed
made monthly and shall be in proportion to services per- or nut.The Owner,shall be permitted us retain copies,in- i
farmed within each Phase of services, on the basis set eluding reproducible copies,of Drawings and Specifira-
forth in Article 14. lions for information and reference in connection with the f
6.1.3 If and In the extent that the Contract Time initially Owner's use and occupancy of the Project.The Drawings
Established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on
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other projects,for additions to this Project,or for crimple- 10.4 Termination Expenses include expenses directly at-
lion of this Project by others provided the Architect is not tributable• to Termination for which the Architect is not
in default under this Agreement,except by agreement in otherwise compensated, plus an amount computed as a
•
writing and with appropriate compensation to the Archi- percentage of the total Ilasrc and Additional Compensa-
tect, Lion earned to the time of termination,as follows:
8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche-
requiremenrs or for other purposes in connection with the ma tic Design Phase; or
•
Project is not to be construed as publication in derogation .2 In percent if termination occurs during the Design •
of the Architect's rights. . Development Phase;or
.3 5 percent if termination occurs during any subse-
ARTICLE 9 quenl phase.
ARBITRATION ARTICLE 11 •
9.1 All claims, disputes and other matters in question MISCELLANEOUS I'ROVISIONS
between the parties to this Agreement,arising on of or 11.1 Unless otherwise specified,this Agreement shall be •
relating to this Agreement or the breach thereof,shall be governed
by the law of the principal place of business of •
decided by arbitration in accordance with the Construe- Lhe eel.
tion Industry Arbitration Rules of the American Arbitra-
•
lion Association then obtaining unless the parties mule- 11.2 Terms in this Agreement shall have the same mean-
ally agree otherwise.No arbitration,,rising out of or re- ing as those in AIA Document A201,General Conditions
hating to this Agreement,shall include, by consolidation, of the Contract for Construction, current as of the dale
joinder or in any other manner,any additional person not of this Agreement. •
a party to this Agreement except by written consent Lon- 11.3 As between the parties to this Agreement:as to all
taining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement,
by the Architect,the Owner,and any other person sought any applicable statute of limitations shall commence to
to be joined.Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to
ditional person or persons shall not constitute consent to have accrued in any and all events not later than the role-
arbitration of any dispute not described therein or with vent Late of Substantial Completion of the Work,and as •
any person not named or described therein,This Agree- to any acts or failures to act occurring after the relevant
ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion,not later than the date of
0 additional person or persons duly consented to by the issuance of the final Certificate for Payment. •
parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights
under the prevailing arbitration law. against each other and against the contractors, consult-
9.2 Notice of the demand for arbitration shall be filed in ants,agents and employees of the other for damages cov-
writing with the other party to this Agreement and with ered by any property insurance during construction as set
the American Arbitration Association. The demand shall forth in the edition of AIA Document A201,General Con-
be made within a reasonable time after the claim,dispute ditrons, current as of the date of this Agreement. The
or other matter in question has arisen. in no event shall Owner and the Architect each shall require appropriate
the demand for arbitration be made after the date when similar waivers from their contractors, consultants and
institution of legal or equitable proceedings based on agents.
such claim,dispute or other matter in question would be •
barred by the applicable statute of limitations. ARTICLE 12 •
9.3 The award rendered by the arbitrators shall be final, SUCCESSORS AND ASSIGNS
and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind •
themselves, their partners, successors, assigns and legal
representatives la the other party to this Agreement and
ARTICLE 10 to the partners,successors,assigns and legal representa-
TERMINATION OF AGREEMENT lives of such other party with respect to all covenants of
this Agreement.Neither the Owner nor the Architect shall
10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement
upon seven days'written notice should the other party without the written consent of the other.
fail substantially to perform in accordance with its terms
through no fault of the party initiating the termination. ARTICLE 13
10.2 This Alyrement may he terminated by the Owner
upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT •
in the event That the Project is pet manently abandoned. •
13.1 This Agreement represents the entire and integrated
10.3 In the event of termination not the fault of lire Ar- agreement between the Owner and the Architect and
chitect,the Architect shall be compensated for all services supersedes all prior negotiations,representations or agree.ill
per lonrnneni to lerminalinn dare, together wilfr Reimhurs• meats, either written or oral, This Agreement may be
able Expenses then due ant!all Termination Expenses as amended only by written instrument signed by both
defined in Paragraph 10.4, Owner and Architect.
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ARTICLE 14
• BASIS OF COMPENSATION
The Owner shall compensate the Architect for the Scope of Services provided,in accordance with Article 6,Payments
to the Architect,and the other Terms and Conditions of this Agreement,as follows:
14.1 dollen(6•
•
-( on AriioIsr 5)—
14.2 BASIC COMPENSATION
14,2.1 FOR BASIC SERVICES,as described in Paragraphs 1.1 through 1.5,and any other services included in Article 15
as part of Basic Services,Basic Compensation shall be computed as follows: I.
filere insert basis of compensation,including fixed amounts,multiples or percentages,and identity Phases to which particular methods of compensa•
don apply,it nee .1
Basic compensation shall be computed on the basis of seven percent(7%)of a single stipulated sum
construction contract. Based on the latest cost estimate we shall assume a$2,000,000 contract for
billing purposes;this will be adjusted when bids are taken.
7% x $2,000,000 = $140,000 fee,
The Owner shall receive from the Architect for:
• a
— 1/2 of Part 2 of the Phase I Contract= $ 4,000.00
• —West of Mitchell Road site analysis= 1,000.00
•
•—Ten percent(10%)of Part 3-A Phase I Contract
(Preliminary Design) 10%of$140,000 = 14.000.00
Total Credit $ 19,000.00
Assuming a$2,000,000 project: TOTAL CREDIT 19,000.00
TOTAL FEE $ 121,000.00
14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic
Services shall be made as provided in Subparagraph 6.1 2,so that Basic Compensation for each Phase shall
equal the following percentages of the total Basic Compensation payable:
(Include any additional Phases as appropriate.I
•
•
•
•
Schematic Design Phase: percent(15 %) "
Design Development Phase: percent(20 %)
Construction Documents Phase: percent(40%)
Bidding or Negotiation Phase: percent( 5 %)
Construction Phase: percent(20 %)
e 10%of this has been billed and is given as credit in Article 14.2.1 above.
14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 1,6,Compensation shall
be computed separately in accordance with Subparagraph 1.6.2.
•
AIA UUCUMIN'1 Bin•OVVNlR.ARitI111 IC ACRI[MINI'•TH1RII1F1II Lon ION•lute'In7;•ALA+•011977 6141'1977 9
1HE AAIIRICAN INSTI1n11 OF AKCII11TCIs, 1715 N(W 1ORR AVtNUL. N,\V., WA5HINGION, U.C. 20006
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•
14.4 COMPENSATION FOR ADDITIONAL SERVICES
14.4.1 FOR.ADDITIONAL SERVICES or TILE ARCHITECT, as described in Paragraph 1,7,and any other services in.
Eluded in Article 15 as part of Additional Services,but excluding Additional Services of consultants,Compen-
sation shall be computed as follows:
(rli,e insert bails or comprma,nn,wlluding ramr and'or mehipini of(hn,t r i,,,n,.r hprnte for Principal.and einp(oyrrr.and identity principal
and elasuly empu,yeei,it rcnuirrd.Idrnaly sin des to.,Jrh pin,i do method,of cnmprnsaiun apply,d nceesra,y.)
Principals'time: •
Robert Lambert, Architect Fifty Dollars($50.00)per hour.
• Duane Thorbeck, Architect Fifty Dollars($50.00)per hour.
Roger Martin, Landscape Architect-Fifty Dollars($50.001per hour.
Associate's Time: Forty Dollars•($40.00)per hour.
•
• Senior Staff: Thirty Dollars($30.00)per hour.
Junior Staff: Twenty-five($25.00) Dollars per hour.
•
•
•
14.4.2 FOR ADDITIONAL SERVICES 01 CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi-
tional Services,a multiple of ( 1.25 1 times the amounts pilled
to the Architect for such services.
(identity specific types of consultants in Anirle 15.d rewired
14.5 FOR REIMBURSABLE EXPENSES,as descrihed in Article S,and any other litems included�in Article
15 as Reim-
bursable
.0
es
s
Expenses,a multiple of
ex-
pended by the Architect, the Architect's employees and consultants in the interest of the Project.
14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is
due at the rate entered below,or in the absence thereof,at the legal rate prevailing at the principal place of
•
business of the Architect.
Were inserl any late of intern!agreed upon)
(Usury law,and rrmrnrrmrmt wirier the lrdr,nl In„h i,lending Art.nm,lar ,rah•ao,l fill d 10101111111 email(awt and nrhr, rrgulal,nnt ii the
'Owner's and Arciotet',pnncipa'pia.r of h,o,n,„ Inc(,,anon of the Newt,and rl,ewh,,, n 4l1,1 the vand,ty n(chit anteroom vlrr(,nt Treat
� ,ar
advice Mould he()brained with,repro to debt.()ri mold„anon.OF other ref po nee nl,oar p tar written dolnturer or wavers I
14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that:
•
14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially,the amounts of compensation
shall be equitably adjusted.
)
S 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within
C10 months of the date hereof,through nit fault of the Architect, the amounts of compensation, rates and
•
multiples set forth herein shall he equitably adjusted.
AIA UnCe MINI a111•,MNIA-.1Ri 11111(I At,r:llhll NI•Illlx lll`tlll II,IIIIIY•MAY I'e'•MO•y114.')
10 B141-1977 111C A\IIRICAN i'.S(I(.11 ()i ARC11r11 C1S. 1715 Nlw sous A\'INUC, N.W., \5'Ah111Nd.lON, U.C.20006
221, 21
•
ARTICLE 15
•
• OTHER CONDITIONS OR SERVICES
ARTICLE 1.1, 1.1.2, 1.1.3 — completed under Phase I of the Contract.
•
AIA DOCUMENT 11111•(1(4N(R-ARCHITECT ACRELMINT•111101'11N111 LUIIION•IUEY 19'7•AIA.•01977 �t{t•t9�'� 11
111E AMLRI(.AN INS111U11.U1 ARC111TEC15, 171S NIW PORK AYLNUt, N11. WASIIINGION, D.C.20006
Z?In'
•
This Agreement entered into as of the day and year first written above.
OWNER ARCHITECT
City of Eden Prairie Intrr)ecign Inr
City Hall
8950 Eden Prairie Road 1409 Willow Street
Eden Prairie,Minnesota 55344 Minneapn►is,Mipnesnta 55403
BY BY
Its Robert Lambert
MA DOCUMENT 6141•IHVNLR.AR(11111 C1 A(:RLI MI Nl•IIIIRT(IMTII(MI ION•ILLY 1977•AIA••01977
12 B141-1977 1HE AMLKICAN INS111LI11 Or ARCIIITLCIS, 171S NLIY 101(R AVLNU(, N:W., WASIIINGION, D.C. 20006
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•
December 15, 1981
• CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
•
RESOLUTION NO. R81-253
RESOLUTION RECEIVING FEASIBILITYREPORT
AND CALLING FOR A HEARING I.C. 51-340A
51-398,51-3408,51-308A,51-3O8C and 51-335
FOR SCHOONER BLVD.
WHEREAS, a report has been given by the City Engineer to the City
Council on "December 15, 1981, recommending the following improvements to wit:
I.C. 51-340A, 51-398, 51-340B, 51-3O8A, 51-308C and 51-335
Schooner Blvd. and related improvements
•
NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL:
1. The Council will consider the aforesaid improvements in
accordance with the report and the assessment of property
abutting or within said boundaries for all or a portion
of the cost of the improvement pursuant to M.S.A. Sect.
420-011 to 429.111, at an estimated total cost of the
improvements as shown.
2. A public hearing shall be held on such proposed improvement
on the 19th day of January at 7:30 P.M. at the
Eden Prairie City Hall. The City Clerk shall give published
and mailed notice of such hearing on the improvements as
required by law.
ADOPTED by the Eden Prairie City Council on December 15, 1981.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Irene, City Clerk
! .
2Fi21/
•
.. .` •
•
FEASIBILITI REPORT
:iJ
CITY OF EDEN PRAIRIE
MINNESOTA • .:
F
r
VALLEY VIEW ROAD/SCHOONER BOULEVARD
_ I.C. 51-340A
RCM No. 801033
L -
SCHOONER BOULEVARD •
ti-1, I.C. 51-398
ry• RCM No. 811022 •
C.
•
[ OCTOBER 1981 • ` rieke.
• carroll.
mutter
•_ associates Inc
• architects
r engineersk
land surveyors
planners
xa_y Ai
Cots of Eden Prairie
i i \,,,, D__0 -\ . 1
-] FEASIBILITY REP1
j ! STREET, UTILITY and D I A - E
, ,-1 0 IMPROVEMENTS i
Y \. 1
1
, SCHOONER BLVD./W. 78th STRE E -� '
I.C. 51308A
o i.
j VALLEY VIEW ROAD
ir (I-494 to T.H. 169/212)- j
I.C. 51-308C
V-ALL VIE/RO"Th A D
--(lt)Washing-Ave
1 .C.`54 33-k •
•
11
1, -0-(F7:11 - DECEMBER 1981
1 -) alL471.. C2f .,,_„ct,c_.,a1LJ-1— 1.3"ZU .
_....as... 10 n_nr,2kiA. "1"°/fa"Nsec 1TAf10N i ENC.i lw..i MU"EC111E
•
SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING
SATURDAY, DECEMBER 19, 1981 9:00 AM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
COUNCIL STAFF: City Manager Carl Jullie; City Attorney Roger
Pauly, and Finance Director John Frane
1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. PUBLIC HEARING ,r S 6
A. Request for Municipal Industrial Development Bonds in the_amount of
$1,000,000.00 f-or Sorem & Sherman (Resolution No. 81-242)
III. NEWSLETTER PUBLICATION
IV. RESOLUTION NO. 81-254, AMENDING THE 1981 BUDGET dei ,,.5 1 o
V. DISCUSSION ON CODIFICATION
• R
VI. NEW BUSINESS
VII. ADJOURNMENT.
•
0� '41 ('11
•
•
To: Mayor and City Council
From: John D. Frane, Finance Director
Date: December 17, 1981
Re: Preliminary Approval M.I.D.B.'s - Sorem and Sherman - $1,000,000
Mr. Sorem and Mr. Sherman intend to construct a 37,000 square foot
office/warehouse facility on lot 7 block 2 Edenvale Industrial
Park (Corporate Way). The facility has an estimated cost of
$1,300,000 and would be leased to the businesses owned by Sorem
and Sherman which are L. S. Sorem and Associates and Excel Marketing,
Inc. The firms would employ about 98 people. The property is
zoned I-2 which is correct for the intended use. Resolution no.
81-242 is enclosed for your consideration.
JDF:bw
12/17/81
{
•
f • (•
CITY OF EDEN PRAIRIE, MINNESOTA
Application for •
Industrial Development Bond Project Financing
•
1. APPLICANT:
•
•
• a. Business Name - L. S. Sorem and William B. Sherman
• Partnership
•
•
b. Business Address - c/o Excel Marketing, Inc.
14328 21st Ave. N.
Minneapolis, MN 55441
c. Business Form (corporation, partnership,• sole proprietor-
• ship, etc.) -
•
A Minnesota general partnership
•
d. State of Incorporation or organization -
Minnesota
e. Authorized Representative - •
L. S. Sorem
William B. Sherman
f. Phone -
(612) 920-2384 (Sorem)
(612) 475-3535 (Sherman) • •
•
2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: •
a•. L. S. Sorem
6400 Red Fox Court 4018 W. 65th Street
Edina, MN 55431 Edina, MN 55435
(residence) (business)
b.
• William B. Sherman
5216 Dundee Road 14328 21st Ave. N.
Edina, MN 55436 Minneapolis, MN 55441 �.
c. (residence) • (business)
)
-1-
•
)
•
3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL
PRODUCTS, ETC:
Applicant's business is solely to own and operate the Project to
be leased to L. S. Sorem & Associates, Inc., a corporation controlled
by L.S. Sorem engaged in the food brokerage business, and to Excel
Marketing, Inc., a corporation controlled by L. S. Sorem and William B.
Sherman engaged in the confectionary/snack brokerage business.
4. DESCRIPTION OF PROJECT .
•
a. Location and intended use: Lot 7, Block 2, Edenvale Industrial
Park, County of Hennepin, State of Minnesota (Corporate Way, Eden Prairie,
MN) - Office and Warehouse building for lease as indicated at Item 3 above.
b. Present ownership of project site:
The Equitable Life Mortgage and Realty Investor's,Trust
c. Names and address of architect, engineer, and general
contractor:
Israelson and Associates, Inc. , consulting engineers, 9100 West
Bloomington Freeway, Bloomington, MN 55431. General contractor
and architect to be selected.
5. ESTIMATED PROJECT COST FOR:
Land - $ 175,000
Construction Contracts 985,000
Equipment Acquisition and installation* 40,00U
Architectural and Engineering 15,000
Legal 15,Uuu
Interest during Construction 50,000
Bond Reserve
Contingencies 5,000
Loan Fees 15.000
Other 10,000
• Total $ 1,310,000
•
•
*Heating and air conditioning should be included as building costs.
Indicate the kind of equipment to be acquired here.
Roof mounted air conditioning and gas' fired forced air heating
in offices.
Ceiling mounted gas fired heaters in warehouse portion of building.
Make to be selected.
•
•
-2-
•
(.
6. BOND ISSUE -
a. Amount of proposed bond issue - $1,0O0,000
b. Proposed date of sale of bond - December, 1981
•
c. Length of bond issue and proposed maturities -
30 year amortization/30 year term.
• d. Proposed original purchaser of bonds •-
To be selected.
e. Name and address of suggested trustee -
Not applicable.
f. Copy of any agreement between Applicant and original
purchaser -
Commitment to be entered into.
g. Describe any interim financing sought or available -
Interim financing will be pursuant to the Bonds.
h. Describe nature and amount of any permanent financing
• • in addition to bond financing -
• None.
7. BUSINESS PROFILE -
•
a. Are you located in the City of Eden Prairie? No.
•
b. Number of employees in Eden Prairie?
i. Before this project: None.
-3-
ii. After this project? 98
c. Approximate annual sales - $80,000,000 to $100,000,000 combined
(gross brokerage revenues constitute approximately 3.5% of the
•
foregoing gross merchandise handled).
d. Length of time in. business L. S. Sorem & Associates, Inc. -
1954; Excel Marketing, Inc. - 1948
•
in Eden Prairie Not applicable. .
e. Do you have plants in other locations? If so, where?
•
None
•
•
f. Are you engaged in international trade?
None
8. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S):
•
a. List the name(s) and location(s) of other industrial
development project(s) in which the Applicant is the
owner or a "substantial user" of the facilities or a
"releated person" within the meaning of Section 103(b)(6)
of the Internal Revenue Code.
None
•
•
_4-
(•
r b. List all cities in which the Applicant has requested
industrial revenue development financing. .
Done
c. Detail the status of any request the Applicant has before
• any other city for industrial development revenue financing.
Not applicable •
•
d. List any city in which the Applicant has been refused
industrial development revenue financing.
None
•
e. List any city (and the project name) where the Applicant
has acquired preliminary approval to proceed but in which
final approval authorizing the financing has been denied.
. i
Not applicable • d
ij
J '
f. If Applicant has been denied industrial development
revenue financing in any other city as identified
in (d) or (e), specify the reason(s) for the denial
and the name(s) of appropriate city officials who
have knowledge of the transacti.on.
Not applicable
9. NAMES AND ADDRESS OF:
•
•
a. Underwriter (If public offering)
None
•
b. Private Placement Purchaser (If private placement)
To be selected.
i. If lender will not commit until City has '
passed its preliminary resolution approving
the project, submit a letter from proposed
• lender that it has an interest in the
offering subject to appropriate City
approval and approval of the Commissioner
of Securities.
•
•
b. Bond Counsel - Michael Reeslund, Esq.
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2200 First Batik Place East
Minneapolis, MN 55402 (340-2961)
C. Corporate Counsel -
John P. Flaten, Esq. '
•
Rider, Bennett, Egan & Arundel
2500 First Bank Place West
d. Accountant - .Minneapolis, MN 55402 (340-7908)
Hansen, Jergenson & Co.
515 Northwestern Financial Center
• 7900 Xerxes Avenue South
Minneapolis, MN. 55431 (831-7070)
10. WHAT IS YOUR TARGET DATE FOR:
•
•
a. Construction start - April 1, 1982
• b. Construction completion - August 31, •1982
•
•
•
FOR FURTHER INFORMATION CONTACT: John Bessesen
•
Bessesen Properties
4125 rairieowMNCircclee
The undersigned Applicant understandse hat t o 'aPPFFroVV
disapproval by the City of Eden Prairie for Industrial .
•
Development bond financing does not expressly or implied lY
constitute any approval, variance, or waiver of any provision
or requirement relating to any zoning, building, or other rule
or ordinance of the City of Eden Prairie, or any other law
applicable to the property included in this project.
By /tr/ _
Xy 4.1(10XLItX Partner
• • L. S. Sorem and William B. Sherman
• Partnership
WC Applicant
•
December 3, 1981
Date
11. ZONING - TO BE COMPLETED BY THE CITY PLANNING DEPARTMENT
W. Property is zoned - Z Z,,
b. Present zoning 's) (is not) correct for the intended
use.
c. Zoning application received on
for which is correct for the
intended use.
d. Variances required -
(:"9(4 ‘0./\ M 'ClYylr,.. -
City Plann
•
i
•
-8-
After all persons who wished to do so had stated their
views on the proposal, the Mayor declared the hearing to
be closed.
After some discussion, Councilmember
introduced the following resolution and (after it had been
read in full) (after the reading of the resolution was
dispensed with by unanimcus consent) moved its adoption:
RESOLUTION NO. �I YvL
RESOLUTION RELATING TO THE AUTHORIZATION AND
ISSUANCE OF REVENUE BONDS OF THE CITY UNDER
MINNESOTA STATUTES, CHAPTER 474, FOR THE PURPOSE
OF FINANCING A PROJECT THEREUNDER; AND
AUTHORIZING AN APPLICATION BY THE CITY TO THE
MINNESOTA COMMISSIONER OF SECURITIES
BE IT RESOLVED by the City Council of the City of
Eden Prairie, Minnesota, as follows:
Section 1. Recitals.
1.01. The Legislature of the State of Minnesota
in Minnesota Statutes, Chapter 474, as amended (the Act),
has found and declared that the welfare of the State
requires active promotion, attraction, encouragement and
development of economically sound industry and commerce
through governmental acts to prevent, so far as possible,
emergence of blighted lands and areas of chronic
unemployment; has authorized municipalities to issue
revenue bonds to finance, in whole cr in part, the cost of
the acquisition, construction, reconstruction, improvement
and betterment of projects, including any properties, real
or personal, used or useful in connection with a revenue
producing enterprise engaged in any business; and has
authorized municipalities to enter into "revenue
agreements", as defined in the Act, with any person, firm,
• or public or private corporation or federal or state
governmental subdivision or agency (the Contracting Party)
providing for the payment by the Contracting Party of
amounts sufficient to provide for the prompt payment of
principal and interest on the revenue bonds.
1.02. It has been proposed that the City issue
its revenue bonds, pursuant to the authority of the Act,
in an amount not exceeding in the aggregate principal
-3- 4
1 s
1
amount $1,000,000, cr such lesser amount as may be
necessary, to finance costs of acquisition of land within
the City and construction and equipping thereon of one or
more buildings (the Project) to be owned and operated by
L.S. Sorem and William B. Sherman Partnership, a Minnesota
general partnership (the Partnership), and leased to L.S.
Soren, & Associates, Inc. and Excel Marketing, Inc.,
Minnesota corporations, for use as office and warehouse
facilities; and to make the proceeds of such sale
available to the Partnership. The Partnership will agree
to pay the City amounts sufficient to pay promptly the •
principal of and interest on the revenue bonds, and will
agree to cause the Project to be completed. The Project
is presently estimated to cost approximately $1,000,000.
1.03. The City has been advised that
conventional, commercial financing to pay the capital cost
of the Project is available only on a limited .basis and at
such high costs of borrowing that the scope of the Project
or the economic feasibility of operating the Project would
to significantly reduced, but that with the aid of
municipal financing, and its resulting low borrowing
costs, the Project can be constructed as designed and its
operation is economically more feasible.
Section 2. Public Hearing. •
2.01. As required by Section 474.01, Subdivision
7b, of the Act, a public hearing on the proposal to
undertake and finance the Project was called and held.
Notice of the time and place of the hearing, and stating
• the general nature of the Project and an estimate of the
principal amount of bonds to be issued to finance the
Project, was published at least once not less than fifteen
days nor more than thirty days prior to the date fixed for
the hearing, in the official newspaper of the City and a
newspaper of general circulation of the City. A draft
copy of the proposed application to the Minnesota
Commissioner of Securities and Real Estate, together with
all attachments and exhibits thereto, was available for
public inspection following the publication of such notice
at the place and times set forth in the notice.
2.02. All parties who appeared at the public
hearing were given an opportunity to express their views
•
with respect to the proposal to undertake and finance the
Project. This Council has heard and considered the views
expressed at the public hearing and the information a.
submitted to the City by the Partnership. • f
—4—
a
1
Section 3. Approvals and Authorizations.
. 3.01. On the basis of information given the City
to date, and the views expressed at the public hearing, it
is found and determined that the Project furthers the
purposes stated in Section 474.01 of the Act, and that it
would be in the best interest of the City to issue its
industrial development revenue bonds under the provisions
of the Act to finance costs of the Project in an amount
not to exceed $1,000,000 (the Bonds).
• 3.02. The Project is hereby given preliminary
approval by the City and the issuance of the Bonds for
such purpose approved. The Bonds shall not be issued
until the Project has been approved by the Commissioner of
Securities, as provided by the Act, and until the City and
the Partnership have agreed upon the details of the Bonds
and provisions for their payment.
3.03. If the Bonds are issued and sold, the City
will enter into a lease, mortgage, direct or installment
sale contract, loan agreement, take or pay or similar
agreement, secured or unsecured, satisfying the
requirements of the Act (the Revenue Agreement) with the
Partnership. The amounts payable by the Partnership to
the City under the Revenue Agreement will be sufficient to
pay the principal, interest and redemption premium, if
any, on the Bonds as and when the same shall become due.
and payable.
3.04. The Partnership has agreed to pay directly
or through the City any and all costs incurred by the City
in connection with the Project whether or not the Project
is approved by the Commissioner of Securities; whether or
not the Project is carried to completion; and whether or
not the Bonds or Revenue Agreement and all other operative
instruments are executed.
•
3.05. The adoption of this resolution does not
constitute a guarantee or a firm commitment that the City
will issue the Bonds as requested by the Partnership. The
City retains the right in its sole discretion to withdraw
from participation and accordingly not issue the Bonds
should the City at any time prior to the issuance thereof
determine that it is in the best interest of the City not
to issue the Bonds or should the City, Partnership and any
other parties to the transaction be unable to reach
agreement as to the terms and conditions of any of the
documents required for the transaction.
-5-
3.06. In accordance with the Act, the Mayor and
City Clerk are hereby authorized and directed to submit
the proposal for the Project to the Minnesota Commissioner
of Securities and Real Estate for her approval of the
Project. The Mayor, City Clerk, City Attorney and other
officers, employees and agents of the City, in conjunction
with Dorsey, Windhorst, Hannaford, Whitney & Halladay,
Bond Counsel to the City, are hereby authorized to provide
the Commissioner with any preliminary information she may
need for this purpose, and the City Attorney is authorized
to initiate and assist in the preparation of such •
documents as may be appropriate to the Project.
3.07. The City will cause the Partnership to
comply with all of the provisions of the Act, including
Section 474.01, Subdivision 8, thereof, in the issuance of
the Bonds and the financing of the Project.
3.08. All commitments of the City expressed
herein are subject to the condition that within twelve
months of the date of adoption of this Resolution the City
and the Partnership shall have agreed to mutually
acceptable terms and conditions of the Revenue Agreement,
the Bonds and of the other instruments and proceedings
relating to the Bonds and their issuance and sale. If the
events set forth herein do not take place within the time
set forth above, cr any extension thereof, and the Bonds
are not sold within such time, this Resolution shall
expire and be of no further effect.
Section 4. Special Obligations.
In all events, it is understood, however, that •
the Bonds shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the
City except the Project, if it becomes the property of the
City, and from the revenues received from the Project and
property pledged to the payment thereof, and shall not
constitute a debt of the City.
Section 5. Effective Date.
This resolution shall be effective immediately
upon its final adoption.
•
PASSED AND FINALLY ADOPTED by the City Council of
the City of Eden Prairie, this 19th day of December, 1981.
Attest:
City Clerk Mayor
—6—
The motion for the adoption of the foregoing
resolution was seconded ty Councilmember
and, upon vote being taken thereon, the following voted in
favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and
finally adopted and, was signed by the Mayor which was
attested by the City Clerk.
-7-
MEMORANDUM
TO: Mayor and City Council
FROM: City Manager Carl J. Jullie C
SUBJECT: Newsletter Publication
DATE: December 18, 1981
We have verified with Mr. Norm Franks, Register Media, Inc., that
publication of the HAPPENINGS newsletter in the Prairie Register
will be on a trial basis, and that the City may withdraw its j
participation at any time.
It would be in order for the Council to approve a motion accepting
the proposal from Register Media, Inc. for publication of the City
newsletter in accordance with their proposal letter of July 23rd
except adding $65.00 per issue for color, with the understanding
that such publication will be subject to discontinuance at the
City's pleasure.
We propose to publish on a bimonthly basis with the first issue
(January - February) to be published on January 22, 1982.
Extra issues throughout the year will he published as necessary.
•
•
•
CJJ:jp
i
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 81-254
Amending the 1981 Budget
BE IT THEREFORE RESOLVED by the Eden Prairie City Council.
that the 1981 Budget be amended as follows:
Expenditures
In Service Training +$5,000 manager search
Board of Prisoners + 5,000 increased cost
Leisure Skill Development +23,000 increased use
833,000
Revenue
Transfer from I,rnoral Fund Balance +$10,000
Leisure Skill Re.v,o ues + 23,000 •
$33,000
•
A03i`YED by the .Men Prairie City Council on the 19th of
December, 1981.
•
Wolfgang H. Fenzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
withdraw from participation, and accordingly not issue the
bonds, should the Municipality at any time prior to the
issuance thereof determine that it is in the best interest
of the Municipality not to issue the bonds or should be
parties to the transaction be unable to reach agreement as
to the structuring of the financing or as to the terms and
conditions of any of the documents required for the
transaction.
3.3. All commitments of the Municipality expressed herein
are subject to the condition that within twelve months
from the date of adoption of this resolution the
Municipality and the Borrower shall have agreed to
mutually acceptable terms and conditions of the .evenue
Agreement, the bonds and of the other instruments and
proceedings relating to the bonds, and their issuance sale.
3.4. If the events set forth herein do not take place
within the time set forth above or any extension thereof
and the bonds are not sold within such time, this
resolution shall expire and be of no further force and
effect. The Borrower has agreed and it is hereby
determined that any and all direct and indirect costs
incurred by the Municipality in connection with this
Project, whether or not the Project is carried to'
completion, and whether or not approved by the
Commissioner of Securities and Real Estate, and whether or
not the Municipality by resolution authorizes the issuance
of the bonds, will be paid by the Borrower upon request.
3.5. The Borrower has agreed and it is hereby determined
that any and all direct and indirect costs incurred by the
Municipality in connection with the Project, whether or
not the Project is carried to completion, and whether or
not approved by the Commissioner of Securities and Real
Estate, and whether or not the Municipality by resolution
authorizes the issuance of the bonds, will be paid by the
Borrower upon request.
3.6. The Municipality will require the Borrower, if the
bonds are issued and sold, thereafter to comply with the
provisions of Minnesota Statutes, Section 474.01,
Subdivision 8.
Adopted this 31st day of October, 1981.
Mayor •
Attest:
4 Finance Director/Clerk
(SEAL)
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