HomeMy WebLinkAboutCity Council - 04/20/19827:30 PM, CITY HALL
Mayor Wolfgang Penzel, George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
City Manager Carl Jullie; City Attorney
Roger Pauly; Finance Director John Frane;
Planning Director Chris Enger; Director
of Public Works Eugene' A. Dietz, and
Recording Secretary Karen Michael
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EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRIL 20, 1982
COUNCIL MEMBERS:
COUNCIL STAFF:
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.INVOCATION: Councilman George Bentley
PLEDGE OF ALLEGIANCE
ROLL CALL
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A.- Regular City Council Meeting held Tuesday, April 6,
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B. Special City Council Meeting held Tuesday, April 13, 1982
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Page 589
III. CONSENT CALENDAR
A. Clerk's License List Page 590
B. Award Tennis/Multi-Use Court Bids for Staring Lake P
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Ponds Park
C. Approve plans and specifications for Westwood Industrial
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52-015, and authorize bids to be received May 27, 1982 at 10:00
AM (COTa-ted west of Baker Road and South of Co. Rd. 62) R
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No. 82-71)
D. Approve plans and specifications for Mariann Drive, I.C. 52-017, 'Page 593 .
and authorize bids to be received May 27, 1982 at 10:00 AM
IfIi6lution No. 82-74)
E. Approval of agreement with_Hennepin County for Mitchellgake
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connection, I.C. 51-3408 (Agreement OW 05-49-82, Co. Proj. No.
7915) Resolution No. 82-:72
/F. Approve plans and specifications for City West, I.C. 52-025 and
authorize bids to be received May 27, 1982 at 10:00 AM (Resolution
No. 82-73)
Final_plat approval for Overlook Place (located west of Creek
Knoll Road and north of Pioneer Trail) Resolution No. 82-76
Request from Canterbury Restaurant, Inc. (Chester's) for a liquor
license. Located i1-)765 Mitchell .Road.
2nd Reading of Ordinance No. 82-05 rezoning Sher
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andailThroval of Develpper's Agreement. 5 acres
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east of Eden Road and west of Glen Road.
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• City Couhcil A(..,(nda - 2 - Tues.,April 20, 1982
IV. PUBLIC HEARINGS
A. LAKE EDEN CARRIAGE HOMES by Zachman Homes, Inc. Request to rezone
and preliminary plat 8.7 acres from Rural to RN 2.5 which land is
part of the Edenvale South Planned Unit Development (PUD 73-11).
Included with the zoning are variances for setbacks and the use of
wood as an exterior material. Located north of Anderson Lakes
Parkway and east of Darnel Road (Ordinance No. 82-06 - rezoning;
and Resolution No. 82-51 - preliminary plat) Continued from
April 6, 1982
B. Feasibility Report for Martin Drive Drainage Improvements, I.C.
52-001(Resolution No. 82-64) Continued from April 6, 198?
C.- PAX CHRISTI ADDITION by_Pax Christi Catholic Community. Request for
Planned Unit Development approval of multiple residential, open space
and a church site upon a total area of 40 acres, and preliminary
plat approval to divide the 40 acres into 3 lots. Located north of
Co. Rd. 1, south of Purgatory Creek and east of Creekwood and
Pleasant Hills Cemetery. (Resolution No. 82-69 - PUD; and
Resolution No. 82-80 - preliminary plat)
Page 622
Page 567
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D. -YEAR VII C.D.B.G. Transfer funds from Project 009 to
Year VIII Cummins-Grill House Restoration (Resolution No. 82-59)
g, Titus,Road Vacation north of West 78th Street (Resolution No. 82-76)
PAFMENT OF CLAIMS NOS. 1270 - 1492
ORDINANCES & RESOLUTIONS
A. 2nd Reading of Ordinance No. 82-07 rezoning City West Phases
1 - 3 to Office and approval of Developer's Agreement. Located east
of New Shady Oak Road (Co. Rd. 61 -) and south of Crosstown 62 and
west of US 169/212.
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Page 644
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VII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Attorney
C. Report of City Manager
1. Authorization to purchase computer equipment Page 667
Report of Director of Community Services
I. Camp Indian Chief Page 668
E. Report of City Engineer
1. Plan approval of CSAH 1/18 Intersection (Resolution No. 82-77) Page 675
2. Plan Bulldozer (Resolution No. 82-78) Page 677
3. Preliminary Report on rerouting of Valley View Road at
Topview Acres
Page 682
VIII.
IX.
NEW BUSINESS
ADJOURNMENT,
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, APRIL 6, 1982
COUNCIL MEMBERS:
COUNCIL STAFF:
7:30 PM, CITY HALL
Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
City Manager Carl J. Jullie, City Attorney Roger
Pauly, Planning Director Chris Enger, Director of
Public Works Eugene A. Dietz, Director of Community
Services Bob Lambert, and Recording Secretary Karen.
Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilman George Tangen was absent
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Agenda: VIII. C. 1, Dues for 911 Emergency
Call Organization.
MOTION: Bentley moved, seconded by Redpath, to approve th
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and published. Motion carried unanimously.
II. MINUTES
A. Regular City Council Meeting held Tuesday, March 16, 1982
Page 3, para. 6, add after the first sentence: "He noted t
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in a series of recent proposals by Preserve developers whic
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and massive appearing buildings. He inquired whether more
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couldn't be introduced."
MOTION: Edstrom moved, seconded by Redpath, to approve th
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Regular City Council Meeting held Tuesday, March 16, 1982,
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published. Motion carried unanimously.
B. Canvassing Board Meeting held Tuesday, March 16, 1982
MOTON: Redpath moved, seconded by Edstrom, to approve the
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Canvassing Board Meeting held Tuesday, March 16, 1982, as
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carried unanimously.
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City Council Minutes -2- April 6, 1982
C. Special City Council Meeting held Tuesday, March 23, 1982
MOTION: Bentley moved, seconded by Redpath, to approve the minutes of the
Special City Council Meeting held Tuesday, March 23, 1982, as published.
Motion carried unanimously.
D. Special City Council Meeting held Tuesday, March 30, 1982
Page 1, last para., 3rd line: change "in" to "on."
Page 2, first para., add: and the City had encouraged the efforts put forth
by its law firm."
MOTION: Bentley moved, seconded by Redpath, to approve the minutes of the
Special City Council Meeting held Tuesday, March 30, 1982, as amended and
published. Motion carried unanimously.
III. CONSENT CALENDAR
A. Award bids for mowers
B. Clerk's License List
C. Receive feasibility report for Golden Ridge Utilities and set Public Hearing
for 7:30 PM, May 4, 1982, I.C. 52-008 (Resolution No. 82-61)
D. Receive feasibility report for Utility Improvements on Kilmer Avenue and
Atherton Way and set Public Hearing_ for 7:30 PM, May 4, 1982, I.C. 52-013
(Resolution No. 82-62)
E. Receive feasibility report for Ontario Blvd./Storm Sewer Improvements and set
Public Hearing for 7:30 PM, May 4, 1982, I.C. 52-298B (Resolution No. 82-63)
F. Agreement between the City of Eden Prairie and Woodlake Sanitary Services, Inc.
MOTION: Redpath moved, seconded by Bentley, to approve items A - F on the Consent
Calendar. Roll call vote: Bentley, Edstrom, Redpath, and Penzel voted "aye" with
Edstrom abstaining on item "A" (because the law firm with which he is associated
represents Toro.) Motion carried.
IV. PUBLIC HEARINGS
A. SHERATON INN (Eden Glen PUD) by P & L Investment Company. Request to rezone
from Rural to Regional Service Commercial District and preliminary plat the
property for a Sheraton Inn which property is part of the Eden Glen Planned
Unit Development. 5 acres located south and east of Eden Road and west of
Glen Road (Ordinance No. 82-05 - rezoning; and Resolution No. 82-50 - prelimin-
ary plat) - Continued from March 16, 1982
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City Council Minutes -3- April 6, 1982
Ronald Krank, architect for the project, introduced Loren Pederson and
Paul Thomas, principals, and spoke to the proposal. The hotel is designed
for 152 guest rooms, four meeting rooms capable of holding 20 people in each,
a swimming pool, a banquet room, and a strong amenity package.
John Shardlow, planner with Howard Dahlgren and Associates, addressed the site
plan for the area.
Krank said there would be a request for four variances: the floor area ratio,
setback, parking and building height. He noted these are not unusual requests
since this is the "central business district."
Shardlow reviewed his "Parking Need Analysis" and stated shuttle service, if
and when necessary, might be provided to other parking areas in the area.
Planning Director Enger stated this proposal had been reviewed by the Planning
Commission at its March 8, 1982, meeting at which time it recommended approval
(7-0) of the rezoning and of the preliminary plat subject to the recommendations
contained in the Staff Report of March 4, 1982. He noted the developer has obtaineu
the necessary variances from the Board of Appeals and Adjustments.
City Manager Jullie said the Parks, Recreation A Natural Resources Commission did
not make a direct review of this proposal. The cash park fee will apply to this
land.
Edstrom asked what is assumed to be the average number of persons per vehicle
for the parking, Shardlow said their calculations were based on one person per
vehicle per room and one vehicle per employee; for the purposes of support facili-
ties the figures were based on the requirements of the Ordinance (one space per
every three seats.) The ballroom estimates were based on dining capacity. Penzel
asked Shardlow how realistic these estimates really are. Shardlow said the Urban
Land Institute and Department of Transportation are now going to standards for
motor hotels which call for one car per room, one car per employee and 50% of
what had been the requirements for the remaining facilities due to the carryover
in use of these facilities,
Edstrom asked what the maximum capacity of the meeting rooms will be, Enger
said 80 people is the capacity of the first floor meeting rooms,
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to
give first reading to Ordinance #82-05, rezoning from Rural to Regional Service
Commercial. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to request Staff to draft the
Developer's Agreement including the recommendations of the March 4, 1982,
Staff Report, the recommendations of the Planning Commission, 20% of the parking
lot to be striped for compact cars, and arrangements be made to provide shuttle
service to parking nearby in the event additional parking is needed. Motion
carried unanimously.
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City Council Minutes -4- April 6, 1982
MOTION: Edstrom moved, seconded by Bentley, to adopt Resolution No. 82-50,
approving the preliminary plat of Sheraton Inn (Eden Glen 3rd.) Motion carried
unanimously.
B. LAKE EDEN CARRIAGE HOMES by Zachman Homes, Inc. Request to rezone and prelimin-
ary plat 8.7 acres from Rural to RM 2.5 which land is part of the Edenvale South
Planned Unit Development (PUD 73-11.) Included with the zoning area variances
for setbacks and the use of wood as an exterior material. Located north of
Anderson Lakes Parkway and east of Darnel Road (Ordinance No. 82-06 - rezoning;
and Resolution No. 82-51 - preliminary plat) - Continued from March 16, 1982
MOTION: Bentley moved, seconded by Redpath, to continue this item to the
April 20, 1982, Council meeting at the request of the proponent. Motion carried
unanimously.
C. CITY WEST PHASES 1 - 3 by Richard W. Anderson, Inc. Request for approval of
rezoning from Rural to Office District and preliminary plat of part of the
City West Planned Unit Development. Included in the Public Hearing on the
proposed preliminary plat will be the consideration of the granting of vari-
ances, pursuant to Sec. 11 (relating to Planned Unit Developments), Ord. 135
from the provision of said Ordinance applicable to the Office District. Lo-
cated east of New Shady Oak Road (Co. Rd. 61) and south of Crosstown 62 and
west of US 169/212 (Ordinance No. 82-07 - rezoning; Resolution No. 82-60 -
preliminary plat)
Dave Sellergren, Larkin, Hoffman, Daly & Lindgren, Ltd„ representing Richard
Anderson, introduced Richard Anderson; Scott Anderson; Russ Saulon, architect;
and Warren Israelson, civil engineer. Sellergren then gave a brief history
and an overview of the project.
Director of Planning Enger stated the Planning Commission had reviewed this
proposal at its February 22, 1982 at which time it had recommended some revisions,
At its March 8, 1982, meeting it unanimously approved the proposal subject to
the recommendations included in the March 5, 1982 Staff Report plus the addi-
tional recommendations noted in the Planning Commission Minutes of March 8, 1982.
Included in the recommendation is the cash park fee of $1400 per acre. Enger
noted the Parks, Recreation & Natural Resources Commission had reviewed the
proposal at its March 15, 1982, meeting and found it to be consistent with the
Planning Commission recommendations and recommended its approval.
Penzel asked if site restoration bonding was recommended. Enger said that can
be included in the Developer's Agreement. Dietz noted there is a standard clause
in the Developer's Agreement which calls for bonding of restoration and land-
scaping.
Penzel asked Sellergren about the grading to be done in Phase 1. Sellergren
said the grading proposed now is the same degree of grading as was proposed last
Fall. Israelson used a map to show where and when grading would take place. Enger
said the most extensive grading will be done in the first phase; the key to it is
In the restoration.
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Penzel asked if any consideration had been given to planting trees in the
ramps to soften the appearance. Saulon said the perimeter of the ramp would
have to be extended; it is a matter of the lesser of two evils -- extending
the ramp or not having trees.
Penzel inquired as to where the financing of these structures stands. Anderson
said he has a commitment for the first phase. Phase 1 will be completed in No-
vember of this year, phase 2 in April of 1983. The contractor will be Knutson
Construction.
Penzel noted there will be a request before the Board of Appeals and Adjustments
regarding signage on this site -- 8' x 10' multi-color signs. Enger said the
sign ordinance does allow a different procedure for review of planned unit de-
velopment sign packages. The developer could proceed through the Planning Com-
mission and return to the Council with a recommendation rather than going to the
Board of Appeals and Adjustments on a request of this size.
Bentley asked about the expansion of the building of berms along Shady Oak.
Sellergren said they are waiting for the Shady Oak feasibility study to be
completed -- this might have some affect on the berms. Bentley asked about
storm water drainage. Sellergren said the storm water drainage on the site
will be self contained in the pond. Israelson further elaborated using maps,
Jerry Steelman, 6601 Golden Ridge Drive, asked if screening will be taken into
consideration for residents of Golden Ridge who will be affected. Sellergren
said this was a condition of approval by the Planning Commission, They will
be contacting residents in the near future,
Warren Gerecke, 6622 Golden Ridge Drive, asked how long the grading will take.
Israelson said they hope to begin in about three weeks and it will take about
one and a half months to complete. At that time landscaping along the berm will
begin; landscaping on the site itself will begin when the buildings are fairly well
along.
MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and to
give first reading to Ordinance 82-07, rezoning from Rural to Office District,
Motion carried unanimously.
MOTION: Edstrom moved, seconded by Bentley, to request Staff to draft a Develop-
er's Agreement taking into consideration the recommendations of the Staff Report,
Planning Commission, Parks, Recreation & Natural Resources Commission, and comments
made by the Council including ground coverage seeding. Also the successful comple-
tion of the feasibility study of Shady Oak Road should be done prior to the 2nd
Reading. Efforts should be made to contact the Golden Ridge Drive property owners
regarding screening. Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-60,
approving the preliminary plat of City West Phases 1 - 3. Motion carried unani-
mously.
MOTION: Bentley moved, seconded by Redpath, to have the Planning Commission
review the sign package and temporary sales office requests of the developer
and to advise the Council as to their recommendation. Motion carried unanimously.
City Council Minutes -6- April 6, 1982
D. Public Hearing to consider request of Canterbury Restaurant, Inc. (Chester's)
for a liquor license (Located at 7765 Mitchell Road)
City Manager Jullie noted that record checks and background investigation of
all the prinicpals listed on the application submitted by Canterbury Restaurant
Enterprise Incorporated had been completed by the Public Safety Department and
were found to be acceptable.
Doug Perkins, one of the principals, addressed the request.
Penzel noted that the number of licenses available in the City is 12 and
this, if granted, would be the the sixth. Bentley asked if consideration
had been given to requesting a beer/wine license. Perkins said they had,
but had concluded they wished full service.
Penzel expressed concern that should this license be granted, there would
not be any restaurants in Eden Prairie which do not serve liquor; some families
are unwilling to go to a place where liquor is served. Perkins said surveys now
show the majority would prefer this service and there is less of stigma than there
was even a few years ago.
MOTION: Redpath moved, seconded by Edstrom, to close the Public Hearing and
to grant 1st reading to the request of Canterbury Restaurant, Inc. for a
liquor license. Motion carried unanimously.
E. Vacation of Easements in Cardinal Creek
MOTION: Redpath moved, seconded by Bentley, to continue the Public Hearing
on the vacation of easements in Cardinal Creek to May 18, 1982. Motion carried
unanimously.
F. Feasibility report for Mariann Drive Utility Improvements, I.C. 52-017
(Resolution No. 82-65)
Director of Public Works Dietz spoke to the feasibility report which was
done after receiving a petition from two residents. He called attention to
a March 23, 1982, letter from Richard W. Jacobs, owner of one of the properties
which would be affected. (Letter is attached.) Dietz said the difference in
cost between that proposed in the feasibility study and that in Jacobs' letter
would be about $500.
Bentley asked about the reference in Jacobs' letter to the comment that there
are currently no petitioners of record. Dietz said the Council has the pre-
rogative to issue special assessments and could do so if it felt necessary on
this proposal.
Walter B. Grannes, 4004 Standish, Minneapolis, joint owner of one of the properties
and one of the original petitioners, spoke to the need for this improvement.
Mr. and Mrs. Barney Bjornsen, 6975 Mariann Drive, said the price is awfully high
for something they don't need.
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City Council Minutes -7- April 6, 1982
Gladys Grannes, 6990 Mariann Drive, asked what is equitable when the lots
to the south are not assessed. City Manager Jullie noted those lots had been
included in the Forest Hill Road project and were assessed at that time.
MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and
to adopt Resolution No. 82-65, ordering preparation of plans and specifications
for Mariann Drive Utility Improvements, I, C. 52-017, with the City assuming
responsibility for the cost of the storm sewer. Motion carried unanimously.
G. Feasibility report for Martin Drive Drainage Improvements, I. C. 52-007
(Resolution No. 82-64)
Director of Public Works Dietz addressed the project and the findings of
the study.
Dick Kast, Metro Machine & Engineering, 8001 Wallace Road, asked if anyone
north of Highway 5 had helped pay for the storm sewer south of Highway 5.
Dietz replied he thought not. Kast said he did not see why Metro Machine
should have to be assessed for the Martin Drive Improvement.
John Lassen, Equitable, said they have a an open drainage ditch and they
would be happy to pay their fair share of the project. They have the same
problem directly across the street from the area proposed to be served by
the improvement under consideration.
M. E. "Skip" Lane, 6961 Alpine Trail, project supporter, spoke to the problems
created by the open ditch.
MOTION: Bentley moved, seconded by Edstrom, to refer the matter back to Staff
ei-additional review specifically annual cost figures and to continue the
Public Hearing to April 20, 1982. Motion carried unanimously.
V. PAYMENT OF CLAIMS NOS. 1001 - 1269
MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos.
1001 - 1269. Roll call vote: Bentley, Edstrom, Redpath, and Penzel voted "aye."
Motion carried unanimously.
VI. PETITIONS, REQUESTS & COMMUNICATIONS
A. Request by Lion's Tap, Inc. to allow selling of beer at 10:00 AM on Sundays
City Attorney Pauly referred to the letter of March 17, 1982, from Anthony
L. Notermann, on behalf of Lion's Tap, Inc, Pauly said the State Statute
requires establishments selling beer to be closed from 1 a.m, on Sundays
to 12 o'clock noon. The City has no authority to vary that, He will send
a letter to Notermann regarding this.
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City Council Minutes -8- April 6, 1982
VII. REPORTS OF ADVISORY COMMISSIONS
There were none.
VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
1. Proclamation declaring May 7th as "Bob Carling Day"
Bentley had noted the Chamber of Commerce has selected May 7th as the
day on which to honor Carling at a dinner. The Mayor has proclaimed
May 7th as "Bob Carling Day."
2. Tree City USA
Penzel said Eden Prairie has been named "Tree City USA" for its efforts
in reforestation. There will be a recognition event on April 29, 1982,
at 2 p.m. in the Governor's Reception Room at which time the award will
be officially received. All are invited to attend,
B. Report of City Attorney
City Attorney Pauly called the Council's attention to developments in the
prosecution field: he has been advised by the County Attorney that the new
drunk driving law places the responsibility for gross misdemeanors under the
City Attorney rather than the County Attorney; the municipal court is requiring
the appearance of City Attorneys at arraignments of misdemeanor cases. The
latter has required additional time each month.
C. Report of City Manager
1. Dues for 911 Emergency Call Organization
City Manager Jullie said Hennepin Emergency Communication Organization
(HECO) dues are due, This organization has pursued the 911 emergency
number.
MOTION: Redpath moved, seconded by Bentley, to approve $410 in dues for
the Hennepin County Communication Organization. Roll call vote: Bentley,
Edstrom, Redpath, and Penzel voted "aye," Motion carried unanimously.
D. Report of Director of Community Services
1. Community Center Policies
a) Racquetball Court Fees
MOTION: Redpath moved, seconded by Bentley, to change the racquetball
court fees as outlined in Director of Community Services Lamberts
memo of March 30, 1982. Motion carried unanimously.
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City Council Minutes -9- April 6, 1982
b) Policy on meeting room use
MOTION: Redpath moved, seconded by Edstrom, to adopt Staff recommendations
as outlined in the March 30, 1982, memorandum regarding the policy on
meeting room use. Motion carried unanimously.
c) Membership for foreign exchange students
MOTION: Redpath moved, seconded by Bentley, to offer a membership to
the Community Center for Eden Prairie's Foreign Exchange students. Motion
carried unanimously.
2. Quotes on roof for Grill House
Director of Community Services Lambert spoke to his memo of April 1, 1982.
MOTION: Edstrom moved, seconded by Bentley, to set April 20, 1982, as
the date for a Public Hearing for the purpose of amending the 1981 Community
Development Block Grant to include the roofing of the Cummins/Grill House.
Motion carried unanimously.
MOTION: Edstrom moved, seconded by Bentley, to set April 27, 1982, at 7:30 p.m. as the
date and time for a special meeting of the City Council at which time codification will
be discussed. Motion carried unanimously.
3. Staring Lake Park Shelter
MOTION: Redpath moved, seconded by Bentley, to accept the base bid of
$74,637 and approve change order No. 1 as outlined in Director of Community
Services Lambert's memo of March 31, 1982. Roll call vote: Bentley, Edstrom,
Redpath and Penzel voted "aye." Motion carried unanimously.
4. LAWCON application for 1983
MOTION: Redpath moved, seconded by Edstrom, that the City apply for develop-
ment funds for Staring Lake Park for the 1983 LAWCON/LCMR grant application.
Motion carried unanimously.
E. Report of City Engineer
1. Award contract for Autumn Woods, Phase I, I. ..-(L1k (Resolution No. 82-66)
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-66,
accepting bid for Autumn Woods Phase I, I.C. 52-016A. Motion carried unani-
mously.
2. Modern Tire Water Service (Resolution No. 82-67)
MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 82-67,
requesting Mn/DOT to install a watermain crossing near Modern Tire in con-
junction with Vo-Tech/TH 169 project. Motion carried unanimously.
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City Council Minutes -10- April 6, 1982
3. Administrative split of part of RLS No. 751 on Sunnybrook Road west of
Homeward Hills Road; request by R. J. Ekert
Director of Public Works Dietz spoke to his memo of April 1, 1982, which
addressed the subject.
Dennis Moriarity, attorney for the estate of the fee owner, spoke to the
desire for the split.
R. J. Eckert, proponent, reviewed the steps he had gone through and the
Staff members with whom he had spoken in the process of attempting to
subdivide this property. He noted he had been granted a variance by the
Board of Appeals and Adjusments.
Edstrom asked how this property is zoned. Dietz said it is zoned Rural.
Edstrom stated lots of less than 5 acres are not allowed in Rural areas.
Moriarity said he thought it would be wise for the Council to abide by the
decision of the Board of Appeals & Adjustments since it appears they are
the Board which deals with matters such as this on a regular basis.
Dietz said Staff had reviewed the Board of Appeals & Adjustments findings
and had noted the lot size -- one tract would be divided into two lots,
one of 3.8 acres and another of 0.75 acres. Staff felt that going to a
lot this small was a matter of rezoning and not of granting a variance
and therefore chose to call it to the Council's attention.
Bentley said perhaps the proponent should seek a rezoning through the
normal process.
City Attorney Pauly stated if it is the Council's intent to review the
Board of Appeals and Adjustments decision within 45 days of the date the
action was taken by the Board, which was March 18th, then the Council
must set a date for a Public Hearing within a period of 60 days.
MOTION: Edstrom moved, seconded by Redpath, to review the action of the
Board of Appeals & Adjustments and to set a Public Hearing for May 4, 1982.
Motion carried unanimously.
MOTION: Bentley moved, seconded by Redpath, to direct City Manager Jullie
to discuss with Staff the matter in which matters such as this are reviewed
by the Staff. Motion carried unanimously.
4. Schooner Blvd. Grading and Access (Resolution No. 82-68)
City Manager Jullie addressed the grading to be done and access in the
Schooner Boulevard area.
The Council discussed various ways of accomplishing what needs to be done.
Tim Pierce, agent for the City in negotiatin g rights of entry and easements,
stated he has verbal approval and signed agreements in hand pending the
adoption of this Resolution.
sat —
City Council Minutes -11- April 6, 1982
MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 82-68,
recognizing grading and access necessary for development in the MCA. Motion
carried unanimously.
5. Edenvale land alteration permit
City Manager Jullie stated this request had been withdrawn.
IX. NEW BUSINESS
There was none.
X. ADJOURNMENT
MOTION: Redpath moved, seconded by Edstrom, to adjourn the meeting at 11:56 p.m.
Motion carried unanimously.
k
-
6995 Mariann Drive
Eden Prairie, Minnesota 55344
March 23, 1982
Eden Prairie City Council
City Hall
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Re: Sewer and Water Project
Mariann Drive
Improvement Contract 52-017
To be read at Public Hearing 4/6/82
Gentlemen:
My name is Richard W. Jacobs, owner (with my wife) of 6995 Mariann Drive,
the property identified as Lot 1, 82 Forest Knolls.
I cannot be present this evening, as I no longer reside in Minnesota. I
transferred to Seattle, Washington as of February 1, 1982. The aforemention-
ed property is for sale. My interest is purely a financial one.
I am not a signer to the instant petition and would not now be a signer even
if I were to continue to live there. I do, however, wish to allow the future
owner of my property to speak for himself. I believe he will have that oppor-
tunity, as I believe any continuation of this hearing to be improper.
The petition for this project 52-017, which was signed by two petitioners,
contained the proviso that the per lot assessment not exceed $8000. The
engineering study shows a per lot cost to be $10,328. Therefore, the project
currently has no petitioners of record.
My comments from this point on, therefore, are academic. However. I do wish
them to be entered into the record of this project.
The original and sole purpose of the petition was to secure sewerage connec-
tions for Lots 32 and 33, B1 Forest Knolls. I presume Mr. Eugene A. Dietz had
that fact firmly in mind, so has presented the most economical solution for
conditions existing at this time.
As far as costs for the sewer trunk itself are concerned, I cannot find fault
with his recommendations. However, when the costs to the property ot.ners
for connecting to this trunk are added to the major cost, that of street
restoration, I question whether this is the most economical total solution.
The septic tanks of three of the four properties are behind the houses.
Connecting to the street requires considerable expense in re-routing the
sewer under the basement floors.
Es8-
2
As an alternative, I would propose that a sewer connection
b
e
t
w
e
e
n
L
o
t
s
3
2
and 33, across Mariann Drive, between Lots 1 and 2, thence
t
o
a
c
o
n
n
e
c
t
i
o
n
at the manhole in Theresa Place would in total be more eco
n
o
m
i
c
a
l
.
E
a
s
e
m
e
n
t
s
for this purpose exist between these properties, according
t
o
t
h
e
P
l
a
t
d
r
a
w
-
ings of November, 1964. This alternative would substantia
l
l
y
r
e
d
u
c
e
t
h
e
requirement for street restoration, simplify the connectio
n
s
t
o
t
h
e
f
o
u
r
properties and possibly add utility to the development of
t
h
e
p
r
o
p
e
r
t
y
t
o
t
h
e
east of Lots 1 and 2.
As for the segment of this project that concerns watermain serv
i
c
e
,
I
w
o
u
l
d
like to make the following observations: If the purpose wer
e
t
o
s
u
p
p
l
y
water to the two (former) petitioners, a 1" copper service
l
i
n
e
f
r
o
m
t
h
e
m
a
n
-
hole in Mariann Drive would suffice.
It is obvious, however, that the major thrust of the waterma
i
n
i
s
t
o
p
r
o
v
i
d
e
a hydrant to the south of Lot 33 and to complete the waterma
i
n
l
o
o
p
b
e
t
w
e
e
n
Mariann Drive and Forest Hill Road. The City is magnanimous
i
n
p
i
c
k
i
n
g
u
p
the tab for that minor portion for loop completion.
I would like to observe that two of the primary beneficiari
e
s
o
f
t
h
e
f
i
r
e
hydrant are not the four properties being assessed by this
p
r
o
j
e
c
t
;
b
u
t
rather the two very substantial properties which lie to the
s
o
u
t
h
o
f
L
o
t
s
1 and 33. If the cost of the watermain project is to be sp
l
i
t
a
m
o
n
g
f
o
u
r
properties, then the wrong four have been chosen. The need
f
o
r
a
d
d
i
t
i
o
n
a
l
fire protection didn't occur because Lots 32 and 33 need a
s
e
w
e
r
.
As for the storm sewer portion of the Street Restoration, I
b
e
l
i
e
v
e
t
h
e
C
i
t
y
has by now recognized that an adequate drain already exist
s
.
T
h
e
o
n
l
y
p
r
o
b
-
lem existing at the moment is one of street maintenance in
f
r
o
n
t
o
f
t
h
e
driveway of Lot 1. In any case, I would like to observe th
a
t
t
h
e
p
r
i
m
a
r
y
beneficiaries of the storm sewer and of any street improve
m
e
n
t
t
o
M
a
r
i
a
n
n
Drive are to the south of Lots 1 and 33. Again, they have
b
e
e
n
o
v
e
r
l
o
o
k
e
d
in the determination of the assessments.
I think it would be instructional to City Council, as well a
s
t
o
t
h
e
a
u
d
i
-
ence, if the exact position of the aforementioned two dwel
l
i
n
g
s
a
n
d
t
h
e
i
r
driveways were to be shown on the drawings Figures 1 and 2
.
Again, I believe my comments have no present value, as there
a
r
e
n
o
p
r
e
s
e
n
t
petitioners.
Sincerely,
A4 '14
Richard lt.-Jacobs
RI4J/mj
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
SPECIAL MEETING
TUESDAY, APRIL 13, 1982
COUNCIL MEMBERS:
COUNCIL STAFF:
7:30 PM, CITY HALL
Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
City Manager Carl J. Jullie, Planning Director Chris
Enger, and City Attorney Roger Pauly
ROLL CALL: Councilman Tangen was absent
I. APPROVAL OF AGENDA
The following items were added to the Agenda: IV, Request Concerning Riley Lake
Road; V. EPAA - Community Center Membership; VI. Report on Twin City Christian
Homes.
The following change was made in the Agenda: item IV. Adjournment was moved to
VII. Adjournment.
MOTION: Redpath moved, seconded by Edstrom, to approve the Agenda as amended
and published. Motion carried unanimously.
II. UPDATE ON LANDFILL
Planning Director Enger updated the Council with respect to the status of the
application for expansion of the Eden Prairie landfill site. Aerial photos were
shown that indicate the extent of mass grading which has already taken place. The
PCA is now reviewing this grading and will be considering issuance of a permit there-
for.
MOTION: Redpath moved, seconded by Edstrom, to direct Staff to communicate to PCA
that all applicable statutory procedures and environmental reviews be applied as
part of their consideration of a permit for the presently unauthorized expansion of
the Eden Prairie Landfill. Motion carried unanimously.
III. CODIFICATION - CHAPTER 11
The Council continued review of Chapter 11 from page 70 to the end of the Chapter.
Also included was review of the proposed Slope Ordinance and revised Land Altera-
tion Ordinance which are to be incorporated into Chapter 11. Staff noted various
changes as directed by the Council to be incorporated into the final draft.
G-&1
City Council Minutes -2- April 13, 1982
IV. REQUEST CONCERNING RILEY LAKE ROAD
City Manager Jullie relayed for Mrs. Elaine Jacques her request that the Council
members visit the site prior to actual construction of the new routing of Riley
Lake Road past the City Park area.
V. EPAA - COMMUNITY CENTER MEMBERSHIP
City Manager Jullie noted a request from the Eden Prairie Athletic Association
for City donantion of a membership to the Community Center to be raffled off in
a fund raising event by EPAA. Council directed Staff to express to EPAA our re-
grets that such action would be a precendent making it impractical to deny similar
requests from numerous other worthy organizations, and therefore we find it neces-
sary to ask that the membership fee be paid in the usual manner.
VI. REPORT ON TWIN CITY CHRISTIAN HOMES
City Attorney Pauly reported that Twin City Christian Homes is preparing to come
back to the Council for final approval of their MIDBs. Staff has expressed to
Twin City Christian Homes concerns relating to proposed debt refinancing prior to
maturity of the bonds and advised them to be prepared to address this issue.
VII. ADJOURNMENT
The meeting was adjourned at 10:30 p.m.
5S`k
590
CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
April 20, 1982
CONTRACTORS (Multi-Family & Comm.)
Fotomat Corporation
Hoyt Construction Co., Inc.
CONTRACTOR ( 1 & 2 Family)
Custom Pools, Inc.
First Park Homes, Inc.
Kenneth D. Lenzen
Martin Homes, Inc.
Unibilt, Inc.
PLUMBING
Aarons Plumbing & Sewer
L. J. Katz Corporation
HEATING & VENTILATING
Aldo, Inc.
Minnesota Mechanical, Inc.
VENDING MACHINES
Coca Cola Bottling Co.
Interstate United Corporation
TYPE C FOOD
Eden Prairie Grocery
These licenses have been approved by the department heads responsible for
the licens0 activity.
MEMORANDUM
TO:
THRU:
FROM:
DATE:
SUBECT:
Mayor and City Council
Parks, Recreation and Natural Resouces Commission
Bob Lambert, Director of Community Services
Stephen Calhoon, Park Planner
Arpil 15, 1982
Approval of Bids for Tennis Court at Staring LIke Park'
and Hidden Ponds Park
On Tuesday, April 13, 1982, staff received bids for construction of the
tennis/multi use courts at Staring Lake Community Park and Hidden Ponds
Neighborhood Park. The following bids were received:
Staring Lake Hidden Ponds Total
(2-tennis courts & 1-multi use) (1-tennis court & 1-multi use)
Tennis West LTD
$21,509
$15,269
$36,778
H.O. Mikkelson Co. $23,350
$16,150
09,500
Barber Construction $23,740
$16,850
$40,590
Construction of these courts is to be completed by June 30, 1982. Funding is
orginating from the 1979 Park Bond Referendum. Staff had estimated the Staring
Lake courts cost to be approximately $35,000 and the Hidden Pond courts to be
approximately $20,000. Staff recommends that this court construction contract
be awarded to Tennis West LTD for a total cost of $36,778.
SC:md
5-91
April 20, 1982
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R82-71
RESOLUTION APPROVING PLANS
AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR
WESTWOOD INDUSTRIAL PARK, I.C. 52-015
WHEREAS, the City Engineer, through Rieke Carroll Muller Assoc.,
has prepared plans and specifications for the following improvements to wit:
I.C. 52-015, Streets, Watermain, Sanitary Sewer, and Storm Sewer
for Westwood Industrial Park
and has presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE:
1 Such plans and specifications, a copy of which is on file
for public inspection in the City Engineer's office.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The adver-
tisement shall be published for 2 week(s), shall specify
the work to be done, shall state that bids shall be opened
at 10:00 o'clock A.M. on Thursday, May 27, 1982, and
considered by the Council at 7:30 o'clock P.M. on Tuesday,
June 1, 1982, in the Council Chambers of the City Hall,
and that no bids will be considered unless sealed and
filed with the Clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to
the City for 5% (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on April 20, 1982.
Wolfgang H. Penze), Mayor
ATTEST:
SEAL
John D. Frane, Clerk
April 20, 1982
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R82-74
RESOLUTION APPROVING PLANS
AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR
MARIANN DRIVE
WHEREAS, the City Engineer has prepared plans and specifications
for the following improvements to wit:
I.C. 52-017, Utility Improvements for Mariann Drive
and has presented such plans and specifications to the Council for approval.
NOW, THERUORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
1. Such plans and specifications, a copy of which is on file
for public inspection in the City Engineer's office.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The adver-
tisement shall be published for 2 week(s), shall specify
the work to be done, shall state that bids shall be opened
at 10:00 o'clock A.M. on Thursday, May 27, 1982, and
considered by the Council at 7:30 o'clock P.M. on Tuesday,
June 1, 1982, in the Council Chambers of the City Hall,
and that no bids will be considered unless sealed and
filed with the Clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to
the City for 5% (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on April 20, 1982. •
Violfgang H. Penzel, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
50 3
HENNEPIN
DEPARTMENT OF TRANSPORTATION
320 Washington Av. South
Hopkins, Minnesota 55343
935-3381
April 13, 1982
Mr. Eugene Dietz t
Director of Public Works
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
AGREEMENT NO. PW 05-49-82
CSAH 60, COUNTY PROJECT 7915
Dear Mr. Dietz:
Submitted are two copies of a Construction Cooperative Agreement for the
above referenced project for which arrangements are being made to call for
bids.
If the agreement is satisfactory, please have both copies signed by the
appropriate city officials and return to this office. Upon completion of
the remaining signatures by county officials, we will send you one fully
executed copy for your files. Also, please return a certified copy of the
resolution authorizing the mayor and manager to sign the agreement.
We will be happy to review the agreement with you should you have any
questions.
Sincerely,
elt//..4/7120-7
Far Vern Genzlinger, P.E.
Chief, Design Division
VG/WGM:lar
Enclosures
sco
HENNEPIN COUNTY
an equal opportunity employe(
Agreement No. PW 05-49-82
County Project No, 7915
County State Aid Highway No. 60
City of Eden Prairie
County of Hennepin
CONSTRUCTION COOPERATIVE AGREEMENT
AGREEMENT, Made and entered into this day of , 19 , by
and between the County of Hennepin, a body politic and corporate under the laws of the
State of Minnesota, hereinafter referred to as the "County" and the City of Eden
Prairie, a body politic and corporate under the laws of the State of Minnesota,
hereinafter,referred to as the "City".
WITNESSETH:
WHEREAS, The County and the City have been negotiating to bring about the .
improvement of that portion of County State Aid Highway No. 60 between Mitchell Road
and Valley View Road, and Baker Road (Engineer's Stations L 29+19.00 to L 53+92.68) as
shown on the County Engineer's plans for County Project No. 7915, which improvement
contemplates and includes grading, drainage, concrete curb and gutter, bituminous base,
bituminous surfacing and other related improvements; and
WHEREAS. The above described project lies within tile corporate limits of the
City, and
WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of
quantities and unit prices of material and labor for the above described project and an
estimate of the total cost for contract work in the sum of Eight Hundred Fifty-Four
Thousand, Four Hundred One Dollars and Fifty-Five Cents ($854,401 55). A copy.of said
estimate (marked Exhibit "A") is attached hereto and by this reference made a part
hereof; and
WHEREAS, It is contemplated that said work be carried out by the parties hereto
under the provisions of M.S. SEC. 162.17, Subd, 1.
NOW THEREFORE, IT IS HEREBY AGREED:
That the County or itc agents will advertise for bids for the work and
construction of the aforesaid Project No. 7915, receive and open bids pursuant to said
advertisement and enter into a contract with the successful bidder at the unit prices
specified in the bid of such bidder, according to law in such case provided for
cqc
counties. The contract will be in form and will include the plans and specifications
prepared by the County or its agents, which said plans and specifications are by this
reference made a part hereof.
II
The County will administer the contract and inspect the construction of the
contract work contemplated herewith. However, the City Engineer of Eden Prairie shall
cooperate with the County Engineer and his staff at their request to the extent
necessary, but will have no responsibility for the supervision of the work.
III
The County or its agents will acquire all rights of way, permits and/or easements
required for the construction of said project.
The final cost of all rights of way, permits and/or easements required for the
construction of said project plus all costs incurred by the County in acquiring said
rights of way, permits and/or easements shall be apportioned 50 percent to the County
and 50 percent to the City.
Right of way takings in excess of that required for roadway construction as
indicated in the plans for said project No. 7915 will only be accomplished if the
parties hereto mutually agree that said excess takings are desirable. The cost of any
such excess takings will be shared fifty percent County and fifty percent City and all
costs and receipts from rental or sales after acquisition will be shared on the same
basis.
In the event the City determines that any such excess lands or portions thereof
are needed for future roadways or for any other City purposes, it shall have the option
of purchasing the County's interest in such excess lands from the County. Such
purchase price shall be a reimbursement to the County for its fifty percent cost share
In said lands prorated by area.
The right of way costs incurred as described herein shall include all acquisition
costs including, but not limited to, any and all damages occurring to any person or
persons, including private utilities, in relocating or removing or adjusting min
conduits or other structures located in or upon the land taken and within the present
right of way; or damage in procuring such right of way, whether such damage is caused
by the County or the City in the performance of such contract with respect to the
lo
Improvement of County State Aid Highway No. 60 as shown on the plans for County Project
No. 7915.
The County will periodically, as parcels are acquired, prepare and submit to the
City itemized. accounts showing right of way and acquisition cost incurred by the
County. The City share of said costs shall become due and payable within thirty (30)
days after submittal.
The estimated right of way expenses described herein. are indicated in said
Exhibit "A" attached hereto.
IV
The City shall reimburse the County for its share in the construction cost of the
contract work for said project and the total final contract construction cost shall be
apportioned as set forth in tbe division of cost breakdown in said Exhibit "A" attached
hereto. It is further agreed that the Engineer's Estimate referred to on Page 1 of
this agreement is an estimate of the construction cost for the contract work on said
project and that the unit prices set forth in the contract with the successful bidder
and the final quantities as measured by the Engibeer shall govern in computing the
total final contract construction cost for apportioning the cost of said project
according to the provisions of this paragraph.
V
In addition to payment of the City's proportionate share of the contract
construction cost, the City also agrees to pay to the County a sum equal to twenty
percent (20%) of the amount computed as the City's share of the said contract .
construction cost, it being understood that said additional payment by the City is its
proportionate share of all engineering costs incurred by the County in connection with
the work performed under this contract.
VI
Within sixty (60) days after an award by the County to the successful ' bidder, the
City shall deposit with the Hennepin County Treasurer, ninety percent (90%) of the
estimated City share in the contract construction and engineering costs for the
project. Said estimated City share shall. be based on actual contract unit prices for
estimated quantities shown in the plans.
-3-
5Cri
The remaining ten percent (10X) is to be paid to the County upon the completion
of the project and submittal to the City of the County Engineer's Final Estimate for
the project showing the City's final share in the contract construction and engineering
costs for the project.
Upon payment of the Final Estimate to the successful bidder by Hennepin County,
any amount remaining as a balance in the deposit account will be returned to the City;
likewise any amount due the County by the City upon payment of the Final Estimate by
the County shall then be paid by the City as its final payment for the construction and
engineering cost of this project.
VII
The County Engineer will prepare monthly progress reports as provided in the
specifications. A copy of these reports will be furnished to the City upon request.
VIII
All records kept by the City and the County with respect to this project shall be
subject to examination by the representatives of each party hereto.
IX
The County reserves the right not to issue any permits for a period of five (5)
. years after completion of the project for any service cuts in the roadway surfacing of
the County Highway included in this project for any installation of underground
utilities which would be considered as new work; service cuts shall be allowed for the
maintenance and repair of any existing underground utilities.
X
It is agreed that the City shall, at its own expense, remove and replace all City
owned signs that are within the construction limits of this project.
XI
Upon completion of the project, the County, at its expense, shall place the
necessary signs and the City, at its expense, shall provide the enforcement for the
prohibition of on-street parking on that portion of County State Aid Highway No. 60
constructed under this project.
-4-
5cYg
Any modification of the above parking restrictions shall not be made without
first obtaining a resolution from the County Board of Commissioners permitting said
modification.
XII
It is understood and agreed that upon completion of the improvement proposed
herein, the bituminous bicycle path included in said improvement shall become the
property of the City and all maintenance, restoration, repair or replacement required
thereafter shall be performed by the City at its own expense.
It is further understood that neither the County, its officers, agents or
employees, either in their individual or official capacity, shall be responsible or
liable in any manner to the City for any claim, demand, action or cause of action of
10.
any kind or character arising .out of or by reason of negligent performance of the
hereinbefore described maintenance, restoration, repair or replacement work by the
City, or arising out of the negligence of any contractor under any contract let by the
City for the performance of said work; and the city agrees to defend, save and keep .
said County, its officers, agents and employees harmless from all claims, demands,
actions or causes of action arising out of negligent performance by the City, its
officers, agents or employees.
XIII
It is further agreed that each party to this agreement shall not be responsible
or liable to the other or to any other person whomsoever for any claims, damages,
actions, or causes of actions of any kind or character arising out of or by reason of
the performance of any work or part hereof by the other as provided herein; and each
party further agrees to defend at its sole cost and expense any action or proceeding
commenced for the purpose of asserting any claim of whatsoever character arising in
connection with or by virtue of performance of its own work as provided herein.
XIV
It is further agreed that any and all employees of the City and all other persons
engaged by the City in the performance of any work or services required or provided
herein to be performed by the City shall not be considered employees of the County, and
that any and all claims that may or might arise under the Worker's Compensation Act or
the Unemployment Compensation Act of the State of Minnesota on behalf of said employees
599
while so engaged and any and all claims made by any third partie
s
a
s
a
c
o
n
s
e
q
u
e
n
c
e
o
f
any act or omission on the part of said employees while so engage
d
o
n
a
n
y
o
f
t
h
e
w
o
r
k
or services provided to be rendered herein shall in no way be the
o
b
l
i
g
a
t
i
o
n
o
r
responsibility of the County.
Also, any and all employees of the County and all other persons
e
n
g
a
g
e
d
b
y
t
h
e
County in the performance of any work or services required or pro
v
i
d
e
d
f
o
r
h
e
r
e
i
n
t
o
be
performed by the County shall not be considered employees of the
C
i
t
y
,
a
n
d
t
h
a
t
a
n
y
a
n
d
all claims that may or might arise under the Worker's Compensation
A
c
t
o
r
t
h
e
Unemployment Compensation Act of the State of Minnesota on beha
l
f
o
f
s
a
i
d
e
m
p
l
o
y
e
e
s
while so engaged and any and all claims made by any third part
i
e
s
a
s
a
c
o
n
s
e
q
u
e
n
c
e
o
f
any act or omission on the part of said employees while so enga
g
e
d
o
n
a
n
y
o
f
t
h
e
w
o
r
k
or services provided to be rendered herein shall in no way be
t
h
e
o
b
l
i
g
a
t
i
o
n
o
r
•
responsibility of the City.
XV
The provisions of M. S. 181.59 and of any applicable local ordinan
c
e
'
r
e
l
a
t
i
n
g
t
o
civil rights and discrimination and the affirmative action poli
c
y
s
t
a
t
e
m
e
n
t
o
f
H
e
n
n
e
p
i
n
County shall be considered a part of this agreement as thdugh fu
l
l
y
s
e
t
f
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.
-6-
Stunt County/Attorney
Date:
Approved as to execution
BY: Assistant County Attorney
Date.
BY: Director, Department of Transportation
Date:
IN 7ESTIMDNY WHERECV, Ihe parties hereto have caused this agreement to be
executed by their respective duly authorized officers as of the day and y
e
a
r
first above written.
CITY OF EDEN PRAIRIE
Mayor
(Seal)
Date:
And :
Manager
Date'
COUNrY CP HENNEPIN
AITEST:
By:
CI:airman of its County Board
Date•
Deputy County Auditor
And Associate County Administrator Date and County Engineer
Upon proper execution, this agreement
will be legally valid and binding.
Date•
RECOMMENDED FOR APIRCNAL
50 50 . 6.50 32,370.00 25.00 1.025.00 16,185.00 512.50 16,185.00 512.50 $230,401.25 $19,080.25 $249,481.50 (CONTRACT ITEMS) 50 50 50 50 50 50 50 50 50 50 50 50 50 50 50 50 150.00 150.00 150.00 250.00 21.00 20.00 24.00 150.00 100.00 12.00 100 100 100 5,820.00 3,495.00 862.50 2,375.00 1,123.50 8,180.00 4,560.00 75.00 100.00 5,820.00 3,495.00 862.50 2,375.00 1,123.50 8,180.00 4,560.00 75.00 100.00 11,640.00 6,990.00 1,725.00 4,750.00 2,247.00 16,360.00 9,120.00 150.00 200.00 2,580.00 • 42,538.75 708 717.80 $854,401.55 $270,000.00. 2,580.00 42,538.75 $ 95,401.25 50 $135,000.00 208,717.80 $759,000.31 6135,000.00 F. libit"A" 4-8-82 ;e 4 of 4 DIVISION OF COST CSAH 60 (FROM MITCHELL ROAD TO BAKER ROAD) HENNEPIN COUNTY PROJECT 7915 - SAP 27-660-02 TOTAL ESTIMATED ESTIMATED ESTIMATED COST COST ITEM UNIT QUANTITY UNIT COST COST HENNEPIN COUNTY HENNEPIN COUNTY EDEN PRAIRIE EDEN PRAIRIE CYCLE PATHS tuminous Material for Mix Ton 29 $190.00 5,510.00 50 $ 2,755.00 50 $ 2,755.00 Luminous Mixture for Bicycle Paths Ton 471 18.00 8,478.00 50 4,239.00 50 4,239.00 ZIVEWAYS, CURB & GUTTER 4ncrete Curb & Gutter, Des. 8624 ' Concrete Driveways TORN SEWER, CATCH BASINS & LEADS Dnstruct Catch Basin, Des. A or F bnstruct Catch Basin, Des. C or G rmstruct Manholes, Des. A or F asting Asserblies S" CS Pipe Sewer 2" RC Pipe Sewer 5" RC Pipe Sewer 2" RC Pipe Apron 5" GS Pipe Apron 4ANITARY SEWER F ABS Pipe Sewer iT. ANDREWS DR. E. CONNECTION iALANCE OF CONSTRUCTION ITEMS TOTAL ESTIMATED COST FOR CONTRACT ITEMS RIGHT OF WAY TOTAL ESTIMATED COST FOR PARTICIPATING ITEMS PLUS 20% FOR ENGINEERING & CONTRACT ADMINISTRATION TOTAL ESTIMATED EDEN PRAIRIE SHARE •jAR:ler Lin. Ft; 4,980 Sq. Yd. 41 Lin. Ft. 77.6 Lin. Ft. 46.6 Lin. Ft. 11.5 Each 19 Lin. Ft. 107 Lin. Ft. 818 Lin. Ft. 380 Each 1 Each 2 Lin. Ft. 215
April 20.. 1982
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R82-72
MITCHELL/BAKER ROAD IMPROVEMENT AGREEMENT
WITH HENNEPIN COUNTY DOT
WHEREAS, the County Engineer for Hennepin County has pr:Eepared plans,
special provisions and specifications for the improvement of Mitcfrell/B
a
k
e
r
Road, renumbered as CSAH #60, within the corporate limits of the C:'ty
of
Eden Prairie; and
WHEREAS, agreement number PW 05-49-82 has been prepareci to determine
cost allocations and responsibilities for the project.
NOW, THEN, BE IT RESOLVED that the City Council of the :lty of
Eden Prairie does hereby approve of agreement PW 05-49-82 and aut!--:prizes its
mayor and City Manager to execute said agreement.
ADOPTED by the City of Eden Prairie on April 20, 1982.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
April 20, 1982
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R82-73
RESOLUTION APPROVING PLANS
AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS FOR
CITY WEST
WHEREAS, the City Engineer, through Bennett, Ringrose, Wolsfeld,
has prepared plans and specifications for the following improvements to wit:
I.C. 52-025, Streets, sanitary sewer, watermain, storm sewer, and
related structures and appurtenances for City West
and has_presented such plans and specifications to the Council for approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDEN PRAIRIE:
1. Such plans and specifications, a copy of which is on file
for public inspection in the City Engineer's office.
2. The City Clerk shall prepare and cause to be inserted in
the official paper and in the Construction Bulletin an
advertisement for bids upon the making of such improvement
under such approved plans and specifications. The adver-
tisement shall be published for 2 week(s), shall specify
the work to be done, shall state that bids shall be opened
at 10:00 o'clock A.M. on Thursday, May 27, 1982, and
considered by the Council at 7:30 o'clock P.M. on Tuesday,
June 1, 1982, in the Council Chambers of the City Hall,
and that no bids will be considered unless sealed and
filed with the Clerk and accompanied by a cash deposit,
cashier's check, bid bond or certified check payable to
the City for 5% (percent) of the amount of such bid.
ADOPTED by the Eden Prairie City Council on April 20, 1982.
Wolfgang H. Penzel, Mayor
SEAL ATTEST:
John D. Frane, Clerk
April 20, 1982
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 82-75
A RESOLUTION APPROVING FINAL PLAT
OF OVERLOOK PLACE
WHEREAS, the plat of Overlook Place . has been sub-
mitted in the manner required for platting land under the Eden Prairie Ordinance
Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been
duly had thereunder, and
• •
WHEREAS, said plat is in-all respects consistent with the City plan and
the regulations and requirements of the laws of the State of Minnesota and ordin-
ances of the City of Eden Prairie.
NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EDEN PRAIRIE:
A. Plat Approval Request for Overlook Place
upon compliance with the recommendation of the City Engineer's
Report on this plat dated April 14, 1982.
B. Variance is herein granted from City Ordinance No. 93, Sec. 8,
Subd. 1 waiving the six month maximum time elapse between the
approval date of the preliminary plat and filing of the final
plat as described in said Engineer's Report.
C. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the Register of Deed and/or Regis-
trar of Titles for thier use as required by MSA 462.358, Subd. 3.
D. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
plat.
E. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on April 20, 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
JO r TeTk- Th—b—r—TeTE —.
SEAL
Is approved
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: David Olson, Engineering Technician
DATE: April 14, 1982
SUBJECT: OVERLOOK PLACE
PROPOSAL: The developer, Hustad Development Corporation, is requesting
. final plat approval by the City Council for Overlook Place.
The plat contains a total of 36 lots: duplex residences are
intended for 26 lots (RM6.5); Lot 5, Block 2 contains an
existing structure and will be divided for duplex construction
at a later date; 9 lots (Lots 16 thru 25, Block 2) are intended
for single family residences (RI-13.5); and 1 Outlot is intended
for park purposes and dedication to the City. The plat is
located north of Co. Rd. 1 and west of Creek Knoll Road in the
North 1/2 of Section 26.
HISTORY: The preliminary plat was approved by the City Council on October
6, 1981 per Resolution #81-175.
Zoning to RM6.5 and RI-13.5 was finally read and approved by the
City Council on December 15, 1981, per Ordinance #81-27.
The Developer's Agreement referred to within this report was
executed on December 10, 1981.
VARIANCES: A variance from the requirements of Ordinance #93. Sec. 8, Subd. 1,
waiving the six month maximum time elapse between the approval
date of the preliminary plat and filing of the final plat will
be necessary.
All other variance requests must be processed through the Board
of Appeals.
UTILITIES AND
STREETS: The street name "Overlook Place" conflicts with an existing City
street name and must be changed to a name acceptable to the
Engineering and Public Safety Departments prior to release of
the final plat.
The requirements for the installation of utilities and streets are
covered in the Developer's Agreement.
PARK
DEDICATION: The requirements for park dedication are covered in the Developer's
Agreement.
605
Final plat - Overlook Place April 15, 1982
( BONDING: The requirements for bonding are covered in the Developer's
Agreement.
RECOMMENDATION: Recommend approval of the final plat of Overlook Place subject
to the requirements of this report, the Developer's Agreement.
and the following:
1. Receipt of cash deposit for street lighting in the
amount of $795.60.
t 2. Receipt of fee for City Engineering in the amount of
$1080.00.
3. Receipt of Warranty Deed for Outlot A.
4. Satisfaction of Bonding Requirements.
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1982
by and between Paul Thomas, Partner, and Lauren Pederson, Partner, a
Minnesota General Partnership, hereinafter referred to as "Owner" and the
CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to
as "City",
WITNESSETH:
WHEREAS, Owner has applied to City to rezone from Rural to C-Reg-Ser
approximately 5 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 as a Sheraton Hotel.
NOW THEREFORE, in consideration of the City adopting Ordinance No.
82-05, and Resolution No. 82-50, 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 1/14/82 reviewed and approved by
the City Council on 4/6/82 and attached hereto as Exhibit B,
subject to such changes and modifications as provided
herein. Owner shall not develop, construct upon or main-
tain 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.
6
Developer's Agreement-Sheraton Inn page 2
3.! Owner shall, prior to any site work on the property, install
a protective fence around the oak trees located on the property
as depicted on Exhibit B. Such fences shall remain in place
and be maintained until the site is restored. All maintenance
of such fences shall be the responsibility of Owner.
4. Owner shall, prior to issuance of any permit for building upon
the property, submit detailed utility plans to the City Engineer
and obtain the City Engineer's approval thereof. Such plans
shall include but not be limited to looping the water service
and installation of gate valves.
5. Owner shall not construct, nor allow others to construct any
lighting and signage inconsistent with the approved Design Frame-
.work Manual on file at the City Hall. Such manual is incorporated
In the Eden Glen PUD Developer's Agreement dated June 9, 1981.
6. Owner shall, prior to the issuance of any permit for building
upon the property, submit to City a detailed landscaping plan
and obtain the City's approval thereof. Such plans shall include
but not be limited to the incorporation of existing evergreens
into a planting island or relocation of such evergreens to a
different portion of the property.
7. Owner shall, prior to the issuance of any permit for building
upon the property, make those improvements to Eden Road in the
location depicted on Exhibit B and according to item VA,
Exhibit C, and construction of a turning lane adjacent to the
western driving surface of Glen Lane commencing at Eden Road
southward to the property's entrance as depicted on Exhibit B.
8. Prior to issuance of any permit for building upon the property,
Owner shall submit a parking variance request to the City's
Board of Appeals and receive the Board of Appeal's approval - thereof. Such variance request shall include a request to
construct 75% of the parking spaces required by Ord. 141 and
for 20% of the total spaces to be striped as compact car spaces.
Said variance request shall also include Owner's committment to
provide off-site shuttle and limousine service.
Developer's Agreerent-Sheraton Inn *
*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 ______ of
, 1982 by Wolfgang H. Penzel, the Mayor and Carl J. Jullie,
the City Manager of the City of Eden Prairie, a Minnesota municipal cor-
poration, an behalf of the general partnership.
Notary Public .
P & L INVESTMEATCOMPANY
bie-PAI(Themag, Partner
by Lauren Pederson, Partner
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1982 by Paul Thomas, Partner, and Lauren Pederson,
a Partner, on behalf of P & L Investment Company, a partnership. "
Notary P4b-TiZ'
LEGAL DESCRIPTION FOR SHERATON INN
Those parts of the following described property:
Lot 1, Block 1, Eden Glen, according to the recorded plat
thereof, Hennepin County, Minnesota. Also
The west 150.00 feet of the north 250.00 feet of Tract A
Registered Land Survey No. 1449, Files of the Registrar of
Titles, County of Hennepin.
Which lie northerly of a line 126.00 feet south of and measured at
right angles to and parallel with the north line of that part of the
above described Tract A and its easterly extension.
A
north
c x.4
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Protective Fenc
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1/80 ./
.DEVELOPER'S AGREEMENT
EXHIBITC
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 1 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.
Owner shall submit detailed construction and storm sewer
-plans to the Riley Purgatory
Watershed District for review and approval.
Owner shall follow all rules and recommendations of said
Watershed District.
Owner shall pay cash park fees as to all of the property required
by any ordinance in effect as of the date of the issuance of each
building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
: 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, transferor 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.
IL
, II. I
.
1/80
Page 2 of 5 Exhibit C
V. A. All sanitary sewer, watermain and storm sewer facilities, 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 guarafttee 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.
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 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 Cond 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 1/2" 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.
tij
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,
-equiping, and constructing of any structure to or upon any of the
property or other lands to be conveyed or dedicated to the City or
for which an easement is to be given to the City for park or other
recreational purposes, shall be completed by Owner and acceptance to
.the Director of Community Services and shall be free and clear of any
lien, claim, change, or encumbrance, including any for work, labor, or
services rendered in connection therewith or material or equipment sup-
plied therefore on or before the later of, 2 years from the date hereof
or , 19 . Upon completion and acceptance Owner
warrants and guarantees the improvements against any defect in materials
or workmanship for a period of two (2) years following said completion
and acceptance. In the event of any defect in materials or workmanship'
within said 2 year period the warranty and guarantee shall be for a
period of three (3) years following said completion and acceptance.
Defects in materials or workmanship shall be determined by the Director
of Community Services. Acceptance of improvements by the Director of
Community Services may be subject to such obligations as he may impose
at the time of acceptance. Owner, through his engineer shall provide
for competent daily inspection during the construction of all improve-
ments.- Prior to final plat approval, or issuance of any building permit,
if no final plat is required, Owner shall:
Submit a bond or letter of credit which guarantees com-
pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this Paragraph )(I ., 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.
616
. 1/80
9/10/80
Page 5 of 5 Exhibit C
XII. Owner acknowledges that the rights of City to performanc
e
o
f
o
b
l
i
g
a
t
i
o
n
s
of owner contemplated in this agreement are special, uni
q
u
e
a
n
d
o
f
a
n
extraordinary character; and that in the event that own
e
r
v
i
o
l
a
t
e
s
o
r
fails or refuses to perform any covenant, condition or pro
v
i
s
i
o
n
m
a
d
e
b
y
him herein, City may be without an adequate remedy at law
.
O
w
n
e
r
a
g
r
e
e
s
,
therefore, that in the event he violates, fails or refuses
t
o
p
e
r
f
o
r
m
a
n
y
covenant, condition or provision made herein, City may,
a
t
i
t
s
o
p
t
i
o
n
,
institute and prosecute an action to specifically enforce
p
e
r
f
o
r
m
a
n
c
e
o
f
such covenant. No remedy conferred in this agreement is
i
n
t
e
n
d
e
d
t
o
b
e
exclusive and each shall be cumulative and shall be in ad
d
i
t
i
o
n
t
o
e
v
e
r
y
other remedy. The election of any one or more remedies s
h
a
l
l
n
o
t
c
o
n
s
t
i
t
u
t
e
a waiver of any other remedy.
XIII. Any term of this agreement that is illegal or unenforceab
l
e
a
t
l
a
w
or in
equity shall be deemed to be void and of no force and eff
e
c
t
t
o
t
h
e
e
x
t
e
n
t
necessary to bring such term within the provisions of any
s
u
c
h
a
p
p
l
i
c
a
b
l
e
law or laws, and such terms as so modified and the balan
c
e
o
f
t
h
e
t
e
r
m
s
of this agreement shall be fully enforceable.
XIV. Owner shall, prior to the commencement of any improvemen
t
s
,
p
r
o
v
i
d
e
written notice to Minnesota Cablesystems Southwest, a M
i
n
n
e
s
o
t
a
L
i
m
i
t
e
d
Partnership, the franchisee under the City's Cable Commu
n
i
c
a
t
i
o
n
Ordinance (80-33) of the development contemplated by thi
s
D
e
v
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Agreement. Notice shall be sent to Minnesota Cablesyste
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c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd,, 4344
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Minneapolis, Minnesota 55402.
6,16
OWNERS
SUPPLEMENT
TO
DEVELOPER'S AGREEMENT
BETWEEN
P & L INVESTMENT COMPANY
AND THE
CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
, 1982
by and between Jesco, Inc., a Minnesota corporation, hereinafter referred
to as "Owners" and the City of Eden Prairie, a Minnesota municipal cor-
poration, hereinafter referred to as "City".
For and in consideration of, and to induce City to adopt Ordinance
82-05 and to change the zoning of property owned by Owners from Rural to
C-Reg-Ser, described in Exhibit A, attached hereto and made a part hereof,
hereinafter referred to as "the property", as more fully described in
that certain Developer's Agreement entered into as of
.1982
by and between P & L Investment Company and City, Owners agree with the
City as follows:
1. If P & L Investment Company fails to proceed in accord-
ance with the Developer's Agreement within 48 months of
the date thereof, Owners for themselves, successors,
heirs, and assigns will not oppose the rezoning of the
property to Rural.
2. Owner agrees that it will not develop the property in
a manner inconsistent with the terms of the above-
described Developer's Agreement. In the event that
Owner transfers the property, Owner agrees to obtain
an agreement from the transferee stating that such
transferee shall not develop the property in a manner
inconsistent with the above-described Developer's
Agreement.
3. This Agreement shall be binding upon and enforceable
against Owners, successors, heirs, and their assigns
of the property.
OWNER:ESCCWINC.
By eg„,_.
Ralph W. Werner, Vice-President
611
I
VERA M SMITH
NOTARY PGSLIC-1AMNESOTA
! Y HENME^V1 COUNTY
MY COMM. EAMES AUG. 28 1988
- - - - -------
page
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this /57 day
of , 1982 by Ralph W. Werner, Vice-President of —j-iico,
Inc., a iinnesota corporation, on behalf of the corporation.
Notary Public
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
. 1982 by Wolfgang H. Penzel, the Mayor and Carl J.
Jullie, the City Manager of the City of Eden Prairie, a Minnesota munici-
pal corporation, on behalf of the corporation.
Notary Public
toq
LEGAL DESCRIPTION FOR SHERATON INN
Those parts of the following described property:
Lot 1, Block 1, Eden Glen, according to the recorded plat
thereof, Henriepin County, Minnesota. Also
The west 150.00 feet of the north 250.00 feet of Tract A
Registered Land Survey No. 1449, Files of the Registrar of
- Titles, County of Hennepin.
Which lie northerly of a line 126.00 feet south of and measured at
right angles to and parallel with the north line of that part of the
abomedescribed Tract A and its easterly extension.
EXHIBIT A
61 9
Sheraton Inn
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 82-05
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 fellows:
The 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 C-Reg-Ser District.
Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as of
, 1982 between P & L Investment Company, Paul Thomas,
partner and Lauren Pederson, partner, 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 Office 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 March, 1982 and finally read and adopted and
ordered published at a regular meeting of the City Council of said City on
the day of , 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
PUBLISHED in the Eden Prairie News on the day of , 1982.
oo
LEGAL DESCRIPTION FOR SHERATON INN
Those parts of the following described property:
Lot 1, Block 1, Eden Glen, according to the recorded plat
thereof, Herdepin County, Minnesota. Also
The west 150.00 feet of the north 250.00 feet of Tract A
Registered Land Survey No. 1449, Files of the Registrar of
Titles, County of Hennepin.
Which lie'northerly of a line 126.00 feet south of and measured at
right angles to and parallel with the north line of that part of the
above described Tract A and its easterly extension.
EXHIBIT A
6A1
8579 Darnel Road
Eden Prairie, MN 55344
April 13, 1982
To The Mayor and Members of the Council of Eden Prairie
City Hall
8950 Eden Prairie Road
Eden Prairie, MN 55344
RE: Proposed Lalie Eden Carriage Homes by Zachman Homes, Inc.
Dear Mr. Mayor, other members of the Eden Prairie Council:
In accordance with the suggestion of the Eden Prairie Council,
a meeting was held between Mr. Stephen Ryan of Zachman Homes,
and members of the Lake Eden Association (the Ridgewood develop-
ment) to discuss the multifamily dwellings proposed for construction
on outlot C, Lake Eden, on the northeast quadrant of the junction
of Anderson Lakes Parkway and Darnel Road.
The discussion was confined solely to the proposed color scheme
of the development. Mr. Ryan revealed that the exterior siding
of the buildings will be aluminum. (This severely limits the
colors available to the developers as the siding is only available
in a few colors.) This came as a surprise to the members of the
association present as they were under the impression that the
variance that had been asked for by Zachman Homes was to allow
them to use wood on the exterior. Mr. Ryan explained that this
variance is applied for when any exterior other than brick or stone
is to be used.
After a lengthy discussion Mr. Ryan produced a photograph(copy
enclosed) of a color scheme that he thought would be acceptable.
All those present examined the photograph and agreed that the color
scheme would be acceptable to them. It was suggested that Zachman
Homes use different colors (all 'earth tones') on the details
(i.e. garage doors, entry doors etc.) of each building to avoid the
'Institutional' sort of uniformity of color scheme that could other-
wise be created. Mr. Ryan agreed that this would be an acceptable
compromise to Zachman Homes.
Having reached this agreement, the meeting broke up.
Once again, I emphasize that the only subject of this meeting was
the proposed development color scheme. None of the other points
of discussion was raised.
Yours'sincerely,
.1 i
1 0 '1".
C.JAt. Lillicrap 09.
cc: Mr. Stephen Ryan, Zachman Homes, Inc. ' 31',:108) CCA°e1
.- zrion Prmirl :e Planninr, Director
Unapproved
Parks, Rec. & Nat'l Resources Min. -1- April 5, 1982
MEMBERS
a.
ABSENT: Richard Anderson, Pat Breitenstein, Marty Jessen
Pax Christi
Jim Hill and Dick Ferrick were present on behalf of the
developer. Hill expressed the request of the developer as
PUD concept approval and preliminary plat approval for church,
multi-family and open space use. The property is located
north of County Road 1, east of Creekwood and Eden Prairie
Cemetery.
Hill described the site as being divided into 3 parcels.
The front parcel (adjacent to County Road 1) is the church
Site, the middle parcel is for multi-family use, and the
back parcel for open space.
Hill noted that the Planning Commission approved the concept
but not the preliminary plat because the site plan was
incomplete.
Hill said the developer is requesting moving the marsh
area in the middle parcel (approximately 1 acre) to the
north parcel, to allow a higher density of condominium use.
If the DNR and the City are not in favor of that plan, the
developer would like to move the marsh slightly to the west.
The planner is asking for 130 units of condominiums and the
Planning Commission/Staff suggested 78.
Lambert said he disagrees with allowing density transfer
from church to residential. Also, he would follow the
recommendation of the Planning Staff and Commission except
for the cash park fees. Lambert said with no density transfer
from the 12 acre church site, this property would only be
allowed 52 units, and 52 units may not fit on this difficult site.
Lambert also expressed concern with the proposed crossing
of Homeward Hills Road at the creek. He feels the shortest
possible route across the creek is best.
Lambert said he feels the west portion of Lot 2 should be
preserved for public use. It would also provide a buffer
between single family and proposed multi family development.
He further explained that if final Council approval allows
the City to retain the west part of Lot 2, no cash park fees
would be assessed to the residential development on the east
part of Lot 2.
Schwartz suggested the developer grant the City an easement
across the west side of Lot 2 for park access by Creekwood
residents. In this arrangement the owner would maintain
ownership of the entire Lot 2.
6,13
Unapproved
Parks, Rec. & Nat'l Res. Min. -2- April 5, 1982
Hill and Ferrick said the owner can accept a density of
78 units of multi-family on Lot 2. Also, he feels the church
would grant an easement to Creekwood residents desiring access
to the park. They emphasized that the developer and the
church are very anxious to work out an acceptable arrangement
for both parties.
Lambert said his views on the City retaining the west portion
of Lot 2 is a reflection of the desires expressed by Creekwood
residents about one year ago. The people were concerned that
the wetland and hill be preserved for park access.
Hill said the owner would prefer to own the wetland if moved
slightly west to ensure control of the area, but they would '
agree to granting an easement for park access.
MOTION: Schwartz moved to recommend approval of the Pax
Christi development proposal subject to the following: The
Owner grant the City an easement on the westerly 50 feet of
Lot 2 for park access, movement of the wetland on Lot 2
per DNR approval, City receive cash park fees on the multi-
family units, Staff and owner negotiate propel alignment of
Homeward Hills Road, and the other recommendations per
Staff Report (Planning Commission). Friederichs seconded
the motion and it carried 3-1 (Boulay opposed).
MOTION: Schwartz moved to recommend the City explore the
iiiiI5U—of Lot 2 for purchase as further development of
existing park land, and that the City explore any funds
which might be available for said purchase. Boulay seconded
the motion and it carried unanimously.
cat/
approved
Planning Commission Minutes -1 -
March 22, 1982
MEMBERS ABSENT: Hakon Torjesen, Robert Hallett
PAX CHRISTI ADDITION, by Pax Christi Catholic Community.
Request for Planned Unit Development approval of multiple
residential, open space, and a church site upon a total
area of 40 acres, and preliminary plat approval to divide
the 40 acres into 3 lots. Located north of Co. Rd. 1,
south of Purgatory Creek, and east of Creekwood and
Pleasant Hills Cemetery. A public hearing.
The Planner introduced Mr. Jim Hill representing Pax Christi Catholic Community.
Hill introduced Pastor Jim Power, Bill Huber and Dick Feerick. He reviewed the
location of the site, there will be 126 condominium units they are asking for a
density transfer and stated that since the proponent is donating parkland, they
felt that cash park fee is unreasonable. A rough plan for the condominiums has been
worked out and they will fit on the site.
The Planner reviewed the staff report dated 3/18/82 and gave a brief slide presen-
tation. Oaks located in the ravine should be retained, a considerable amount of
grading is needed on the knoll, it is hard to envision 126 condominium units in the
center of the site, and the southern 12.6 acres are needed for the church. He
stated that a limit could be placed on the condominium parcel. Number 2 of the
staff report 2nd line, after the word 'and', should read 'remain as permanent open
space. Pax Christi wants to petition for the Homeward Hills Road improvements
needed.
Bearman stated that the Guide Plan shows single family residential for this site and
stated that he felt it should be published for a Guide Plan Change. The Planner
stated that the Guide Plan shows low density residential of 2 acres or less and stated
a church can be placed anywhere as long as it is Rural zoned. If the Planning Commis-
sion approved the 126 condominiums, the project would have been published incorrectly.
Sutliff pointed out that if the density transfer of the western portion of lot 2 being
classified as part of Lot 3, or Outlot A, the lot line would be changed. The Planner
stated that the maximum change is u0 to 80 units and the open space would remain open
space.
Marhula asked if the proponent has been in touch with the Department of Natural Re-
sources. Hill replied no. Marhula stated that there are restrictions as to what
can be done with the wetland.
Gartner stated she felt the church site should not be included inihe density transfer.
Bearman expressed concern regarding access, and the lot lines.
Gartner asked if the Church would pay taxes on the condominiums. Feerick replied
that the church will sell the central portion of the site to someone who would dev-
elop it and pay the taxes.
6..1C9
approved
Planning Commission Minutes -2- March 22, 1982
Donna Hill, 9559 Woodridge Circle, was concerned with the traffic and stated that
her lot overlooks the wetlands and felt that the widlife would be destroyed that
already exists there. She stated she would rather see single family developed in the
central portion.
MOTION 1
Gartner moved to deny the request on Pax Christi Addition. Motion died for lack of
a second.
MOTION 2
Marhula moved to close the public hearing on Pax Christi Addition. Retterath seconded.
DISCUSSION
Sutliff asked if the Church site needs 12 acres or can get by with 8. Paster Power
replied they need the 12 for future expansion.
Dearman asked if the acreage is negotiable because of the grading for the roads.
Hill replied the 12 is needed.
Motion carried 5-0.
MOTION 3
Marhula moved to recommend to the City Council approval of the Pax Christi Addition
PUD dated 2/25/82 as per the staff report dated 3/18/82 and the Hennepin County
Transportation letter dated 3/12/82 with the following additions: PUD Concept approval
for the church site with residential uses on the balance of the site; combine Outlot A
and lot 1 so it will be available for residential in the future accord ,po to the Guide
Plan and allowing the density transfer from the Church site onto the r•• idential to
allow up to 78 units. Sutliff seconded and stated that he was concern—: with placing
a lot line between lots 1 and 2. Marhula stated that the motion will stand. Motion
carried 3-2. Gartner and Sutliff voted no. Gartner explained her reason was because
she felt the Church site should not be included in the density transfer. Sutliff
stated he voted no because he felt the lot lines should not be drawn at this time.
MOTION 4
FrairECTTmoved to recommend approval of the preliminary plat dated 2/25/82 as per
the staff report dated 3/18/82 and the Hennepin County Transportation letter dated
3/12/82 with the same additions as in motion 2. Retterath seconded. Motion failed,
2-3. Sutliff, Gartner and Dearman voted no. Bearman voted no because he did not
believe lot lines should be drawn prior to detailed site plans.
MEMORANDUM
TO: Parks, pecreation and Natural Resources Commission
FROM: Bob Lambert, Director of Community Services
DATE: April 1, 1982
SUBJECT: Development Proposal Check List
• PxolecT: Pax Christie Addition
PROPONENT:
REQUEST: PhD concept approval and preliminary plat approval for church, multi-family
uage p OriR a Si eilg6ty Road 1, east of Creekwood and Eden Prairie Cemetery.
BAcsGhJuNo: see Planning Staff Report Dated:
PARK AND RECREATION PLANNING CONCERNS
1. Type of development: Church and Residential ,
2. Number of units in residential development:
Request is for 126 units
3. Number of acres in the project: 39
4. Special recreation space requirements: none
S. Adjacent to any existing or proposed parks: Creekwood Park is located immediately •
north of this site.
a. Affect on the park: Development of the residential units will imp ose an
immediate demand for comnIction of tile nark S will nrovi(e.ss to the park from t
6. Need for a mini park: LreeKwbou neignoornoou. No neeu Tana mini-park.
7. Cash park fee or land dedication? 130th
' a. If Cash park fee dedication, amount based on existing ordinance will total:
126 units would
. equal 831,500
b. If park land dedication, the number of acres to be dedicated is 12.5 arres
C. Existing or pending assessments or taxes on proposed park property total Unknown at this tire
and will be paid prior to dedication.
11. Adjacent to existing or proposed trails: 8' asphalt bikeway on the north side of Co. Rd. 1
and an 8' asphalt bikeway on the east side of Homeward Hills Road.
a. Type of trails
b. Construction Material Asphalt
C. Width of trail 8'
d. Party responsible for construction
e. Landownership of trail location: (dedicated, purchased, ROW) ED11
NATURAL RESOURCE PRESERVATION CONCERNS
1. Site grading plan considers natural amenities of the site? Site kr:Mink _plan is not available
at this time.
2. Most significant grading on the site: KA
City
627
3. Significant vegetation on the site includes: Refer to Page 2 of Planning Staff Report -
I) VEGETATION '
4. The site grading plan indicates preservation of: N/A
S. Adjacent to public waters: Purgatory Creek ts lorated in thnaumthesu portion of-this--
property and a small pond is located in the west half of lot 2.
a. Affect on waters: thc ,t,ep snipes, caleful attention to erosion cOntrol
will be a significant concern in the development of this site. Rate of
REFERENCE ma
—runoff will be inuxased due to the increased impervious surface. :
1. Major Center Area Study :
2. Neighborhood Facilities Study Crce1yood Park will prnuirle recre -iti ,w1 facilities to
service this area.
3. Purgatory Creek Study : This proposal conforms to the Purgntnry Creelt qttvly t/StOlAgil
the sledication of Out lot A.
4. Shoreland Management Ordinance : This ordinance requires a setback for the residential
a minimum of 100 ft. from the normal ordinary high water mark of Purgatory Creek
S. Floodpiain Ordinance: This proposal conforms to the Floodplain Ordinance.
6. widen:m:111e Guide Plan depicts this area as a low density residential (2 units
per acre).
7. Other :
RECOWENDATIONS
1. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed to the project:
2. Planning ConsaissionReconnendation: The Planning rommission rcommcp,led ,pproval of the
PUD Concept for a church and multi-family and open space and also recommended
the developer dedicate the wrct hIlf nf Cot ' contain-i-pg—t-hc—pentl-T—Itut—recornmernled
denial of the mliiipasy plAti xequest until the developer provided a site plan that
3. Community Sorvic s at 'cc .ont. A o s.
shows how the multiple and the church would fit on the site.
Community Services staff recommends approval of the PUD Concept and specifically
that the developer dedicate Outlet A and the wes
these 2 areas are sienificant acnuisiti
require dedication, thus eliminatingthc k pirk fon nn rhie
proicct. Furthermore, staff tionlAl_refplesi _thlt thc-44.11-oper—coataii4—Ito—sk414-ettt -ikig
any necessary right-of-way that may be required for construction of the bike trail
adjacent to County Road 1 and Homeward Hills Road.
6Z1
11 STAFF REPORT .
TO: '
FROM:
THROUGH:
DATE:
PROJECT:
LOCATION:
APPLICANT:
FEE OWNER:
REQUEST:
Planning Comnission
Jean Johnson, Assistant Planner
Chris Enger, Director of Planning
March 18, 1982
PAX CHRISTI ADDITION
North of Co. Rd. 1 and east of
Creekwood and Eden Prairie
Cemetery
Pax Christi Catholic Community
The Preserve
1. PUD Concept approval for church,
multi-family, and open space uses
2. Preliminary plat approval to
divide the 39 acre site into two
lots and two outlots. (zoning
approval to be requested in future
application)
BACKGROUND
This site, in conjunction with the Hillsborough Additions, has been under
The Preserve's control since 1970. It was not part of The Preserve's
original PUD approval. The Preserve did include this property in their
Environmental Impact Statement approved in 1977. The EIS depicted the
site as: 160 apartments, 26 acres single family (80 units), and 6-8 acre
s
floodplain open space and 3-5 acre church, and 8-9 acres commercial. S
e
e
figure 1.
The Guide Plan depicts this site as low density residential, 2 units/acr
e
.
EXISTING SITE CHARACTER
The proposed church and multiple site areas are characterized by Hubba
r
d
and Dickman soils. These soils are well drained, have a deep water ta
b
l
e
and good bearing capacity. Where slopes exceed 12, construction costs
Increase because of additional grading and erosion control needed.
The southern portion of the site is composed of marsh soils. No building
Is proposed on this portion.
Surrounding land uses are: to the south across Co. Rd. 1 is the Hillsboro
u
g
h
single family development, to the east is the future Homeward Hills Ro
a
d
'extension, to the north is the City's Creekwood Park, and to the west
i
s
the Creekwood Estates single family development and the Eden Prairie
Cemetery. See figure 2.
629
Staff Report-Pax Christi Addition page 2
Along the eastern portion of the site is a 125 foot wide NSP Power Easement.
Within the easement are tower structures and highwires.
A low area is located on the western half of lot 2. This low area does
hold water and is classified as public wetlands. We do not recommend
relocation of this wetland, but rather preservation of it; and conveyance
of the western portion of lot 2 to the City with the floodplain.
TOPOGRAPHY
Lot 1, the church site, has a 30 fnot grade change from Co. Rd. l to its
south line, 882 elevation to 852' elevation the slopes will offer many
siting options for the church. Detailed plans will be submitted in
conjunction with the future rezoning application.
Lot 2, the multi-family/condo site, because of its narrow configuration,
steep slopes, and low wet area, poses siting constraints. Slopes of 12-30%
cover 50% of the 11.5 acre site. Zoning and site plan review is not
requested at this time.
•
A development plan schematic has been submitted for two 63 unit condo
buildings. Buildirrs of this size do not easily it a steep slope site.
Planning Staff recommends that smaller unit types be investigated that can
fit into the site. A total of 126 units and associated parking will not
fit the site without extreme grading. Since the Guide Plan illustrates
two units/acre, and in light of the proximity of single family on the west,
a total unit number of 50-80 units is more realistic. Both the church
and multiple must be designed with sensitivity toward existing single
family.
Outlots A and B, park sites, includes the Purgatory Creek floodplain and
related Conservancy Area as outlined in the Purgatory Creek Study. Ded-
ication to the City of outlots A and B conforms to the Creek Study recom-
mendations. The outlots are contigous to the existing Creekwood Park.
VEGETATION
he Preserve has utilized the upper portion of this site as a tree nursery.
Stock was planted many years ago, and as the trees matured, they were
transplanted to other sites. The nursery stock still remaining will be
relocated to other portions of the site. Oak trees are located across
the northern half of lot 2 and northwest corner of lot 1 clustered mostly in
the central ravine. The mature oaks on the site should be saved, the
ynung pines that cover the northern third of the site should be relocated
throughout the site and used as buffer material at the time of development.
Detailed location of the trees should be submitted with the future zoning
application.
ORDINANCE REQUIREMENTS
The proposed lot sizes conform to the future zoning districts. Final platting
of the lots should occur until zoning approval is granted in case lot lines
change.
The Shoreland Ordinance requirements that the proposed multiple family
structures be setback a minimum of 100 feet from the ordinary high water mark.
Staff Report-Pax Christi Addition page 3
TRANSPORTATION
Primary access for the entire site is gained from Homeward Hills Road
(proposed). The general alignment for this road is acceptable. Homewa
r
d
Hills Road should be constructed north to Sunnybrook with first phase
development of the property. The final creek crossing location should
b
e
determined through a feasibility study.
Access from Co. Rd. 1 (Pioneer Trail) should be across Portal Drive,
UTILITIES
A trunk sanitary sewer line is located across the northeast corner of
outlot A. Detailed utility plans for water, sewer and storm water wil
l
be submitted with the zoning application.
CASH PARK FEE
Church sites have not been required to pay the cash park fee. The ca
s
h
park fee will be applied to the future multiple-family units to be lo-
cated on lot 2.
FINDINGS AND CONCLUSIONS
The PUD Concept Plan, for church, multi-family, and park uses is consist
e
n
t
with The Preserve EIS and the City's Guide Plan, and the Purgatory Cre
e
k
•
Study.
The proposed preliminary plat contains lots which are consistent to Ord
.
135 lot size requirements.
RECOMMENDATIONS
The Planning Staff recommends approval of the PUD Concept Plan and pre-
liMinary plat dated February 25, 1982 contingent upon the following:
1. Detailed site, building &utilityplans, including but not limited to tree
location plans, sensitivity to the single family to the west, and
reduction in the number of planned multiple units, be submitted
with the future rezoning applications.
2. Lot 2 be redesigned to incorporate the wetland area into outlot A or
a new outlot and be dedicated to the City.
3. Outlots A and 8 be dedicated to the City immediately following the
filing of the final plat.
4. The multiple family site be subject to cash park fee payment.
5. That Homeward Hills Road extension to Sunnybrook Road be concurrent
•with first phase development of the property.
JJ:ss
631
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PLANNERS I ENGINEERS / SURVEYORS
PAX CMOS I I AOUITION
••n •01.11
LOCATION MAP
CATHOLIC COMMUNITY
DEPARTMENT OF TRANSPORTATION
320 Washington Av, South
Hopkins, Minnesota 55343
935-3381
March 12, 1982
Mr. Chris Enger
Director of Planning
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Mr. Enger:
RE Proposed Plat - "Pax Christi Addition"
-CSAH 1 NW Quadrant Homeward Hills Road
Section 26, Township 116, Range 22
Hennepin County Plat No. 1001
Review and Recommendations
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:
-For future improvements to CSAH 1 (Pioneer Trail) the'developer should dedicate
an additional 17 feet of right of way making the right of way 50 feet from the
center of CSAH 1 (Pioneer Trail).
-The proposed access to the church from CSAH 1 must be directly opposite existing
Portal Drive and constructed to Hennepin County standards.
-The proposed extension of Homeward Hills Road is acceptable to Hennepin County.
The grades on the intersection of CIAH 1 and proposed Homeward Hills Road .must
be changed to match the shoulder line of CSN1 1. The ditch may require regrading
to give the proposed cross culvert at least 6 inches of cover.
-Any new access to a County road or change in land use, or a revision to an
existing access requires an approved Hennepin County entrance permit before
beginning any construction. See our Traffic Division for entrance permit forms.
-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 construction, trail development, and landscaping. See our
Maintenance Division for utility permit forms.
-The developer must restore all areas disturbed during construction within County
right of way.
Please direct any response or questions to Les Weigelt.
James M. hold, P.E.
Chief, Planning and Programming HENNEPIN COUNTY
JMW/LDW:pj
cc: Pax Christi Catholic Community
James R. Hill. Inc. 6'34
on equal opportunity employer
Pax Christi Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 82-69
A RESOLUTION APPROVING THE PAX CHRISTI CATHOLIC
CHURCH PLANNED UNIT DEVELOPMENT AMENDING THE
GUIDE PLAN
WHEREAS, the City of Eden Prairie has by virtue of Ordinance 135
provided for the Planned Unit Development (PUD) of certain areas
l
o
c
a
t
e
d
within the City; and
WHEREAS, the Pax Christi Catholic Church PUD is considered a pro
p
e
r
amendment to the 1979 Comprehensive Guide Plan, and
WHEREAS, the City Planning Commission did conduct a public heari
n
g
on March 22, 1982 reviewing the request for approval for church,
r
e
s
i
d
e
n
t
i
a
l
multiple and park/open space uses and recommended approval of th
e
P
U
D
Concept to the City Council, and
WHEREAS, the City Council did consider the request on April 20, 1
9
8
2
.
NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie,
Minnesota as follows:
1. The Pax Christi Catholic Church PUD, being in Hennepin
County, Minnesota, and legally described as outlined in
Exhibit A, attached hereto and made a part hereof.
2. That the City Council does grant PUD approval as outlined
in the application material dated 2/25/82.
3. That the PUD meet the recommendations of the Planning
Commission dated 3/22/82.
.0111••
ADOPTED, by the City Council of Eden Prairie this
day of
, 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
TO4f D. Frane, City Clerk SEAL
655
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 82-80
RESOLUTION APPROVING THE PRELIMINARY PLAT
IN PAX CHRISTI CATHOLIC CHURCH
BE IT RESOLVED by the Eden Prairie City Council as follows:
That the preliminary plat of Pax Christi Catholic Church
dated 2/25/82 , a copy of which is on file at the City Hall
and amended as follows:
00
Is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances and amendments thereto and is herein
approved.
ADOPTED by the Eden Prairie City Council on the s. day of
19 .
Wolfgang H. Penzel, Mayor
John IL Frane, City Clerk
SEAL
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 82-59
A RESOLUTION REQUESTING HENNEPIN COUNTY TO
TRANSFER CDBG FUNDS FROM PROJECT #009 TO
YEAR VIII CUMMINS-GRILL RESTORATION SITE
IMPROVEMENT
WHEREAS, the City of Eden Prairie has executed a joint powers
agreement with Hennepin County thereby agreeing to participate in a
Grant Application under the Urban County designation provided for in
the Housing and Community Development Act of 1974, and
WHEREAS, a grant application has been prepared requesting funds
to undertake a community development program, including appropriate
citizen participation, goal establishment and implementation plans
and procedures, and
WHEREAS, the amount allocated by Hennepin County for use in 1981
for Assisted Housing Site Acquisition has not yet been expended, and
WHEREAS, funds for Year VIII will not be distributed until Summer
of 1982 and the reroofing of the Cummins-Grill Historic House is of
immediate need to prevent damage to the structure.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City
of Eden Prairie does hereby request Hennepin County (as Administrator
of Community Development Block Grants) to transfer $10,000 allocated
in Fund #009 for Assisted Housing Site Acquisition to the Year VIII
project proposal of the Cummins-Grill Project.
ADOPTED, by the City Council of the City of Eden Prairie, Minnesota
this day of , 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk SEAL
Gr/
April 20, 1982
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R82-76
VACATION OF TITUS ROAD NORTH OF WEST 78th ST.
WHEREAS, the City of Eden Prairie has certain right-of-way
described as follows:
Titus Road north of West 78th Street located in the
north half of Section 14.
WHEREAS, a public hearing was held on April 20, 1982, after due
notice was published and posted as required by law, and
WHEREAS, it has been determined that good area planning requires
that said right-of-way be vacated and that it would be in the public interest
to do so.
as follows: •
1. Said Titus Road as above described is hereby vacated.
(Subject to existing utilities and easements of record.)
2. The City Clerk shall prepare a notice of completion of the
proceedings in accordance with M.S.A. Section 412.851.
ADOPTED by the Eden Prairie City Council on April 20, 1982.
Wolfgang H. Penzel, Mayor
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council
ATTEST: SEAL
John D. Frane, Clerk
(151.9V
(1,495.00'
2,644.81
575.50
1,002.39
.2,194.15
786.40
121.05
2,385.9c_=
2,216.91
1,343.2F
3,326.60
2,232.5
4,009.53
2,633.12
3,514.4:
1,280.71
211.99
1,204.27
159.22
17,494.53
6,920.0 1
101.00
40.00
2,090.00
73.50
392.00
12,418.66
19,940.92
468.00
3,329.86
4,338.71
1,950.77
1,052.B
593.61 :
1,250.51
1,148.7F.
107.0.1
1,528.4!)
249.00
1,023.5f;
2,000.1:U
5.73
7.00
4,872.4F.
15.0.,
2,665.4'.
487.0;
4,206.44
April 20, 1982
STATE OF MINNESOTA
CIT T EDEN PRAIRIE
COUh.f OF HENNEPIN
The following accounts were audited and allowed as follows:
VOID OUT CHECK
VOID OUT CHECK
MIDWEST WINE CO. .Wine
CAPITOL CITY DISTRIBUTING . Wine
INTERCONTINENTAL PACKAGING CO. Wine
JOHNSON BROTHERS WHOLESALE Liquor
TWIN CITY WINE CO. Wine
PAUSTIS & SONS Wine
OLD PEORIA COMPANY, INC. Liquor
ED. PHILLIPS & SONS CO. Liquor
GRIGGS, COOPER & CO., INC. Liquor
THE LIQUOR HOUSE Liquor
SUPPLEE'S 7 HI ENTERPRISES, INC. Rent-Liquor Store/Preserve
PRAIRIE VILLAGE MALL ASSOCIATES Rent-Liquor Store/P V M
JOHNSON BROTHERS WHOLESALE LIQUOR Liquor
GRIGGS, COOPER & CO., INC. Liquor
OLD PEORIA COMPANY, INC. Liquor
TWIN CITY WINE CO. Wine
CAPITOL CITY DISTRIBUTING CO. Wine
MIDWEST WINE CO. Wine
ED. PHILLIPS & SONS CO. Liquor
FAUST'S SONS Wine
FEDERAL RESERVE BANK Payroll
COMMISSIONER OF REVENUE Payroll
AETNA LIFE INSURANCE & ANNUITY Payroll
MINNESOTA STATE RETIREMENT Payroll
GREAT WEST LIFE ASSURANCE Payroll
UNITED WAY OF MINNEAPOLIS Payroll
INTERNATIONAL UNION OF OPERATING Dues
PERA Payroll
COMMISSIONER OF TRANSPORTATION Service
U.S. POSTMASTER Postage-Police Dept.
ED. PHILLIPS & SONS CO. Liquor
GRIGGS, COOPER & CO., INC. Liquor
JOHNSON BROTHERS WHOLESALE LIQUOR Liquor
OLD PEORIA COTANY, INC. Liquor
TWIN CITY WINE CO. Wine
INTERCONTINENTAL PACKAGING CO. Wine
MINNESOTA DISTILLERS, INC. Liquor
CAPITOL CITY DISTRIBUTING CO. Wine
MIDWEST WINE CO. Wine
ROBINSDALE FARM & GARDEN
Dog food-Canine Unit
LUND AMERICAN
Outboard motor-Public Safety
HOPKINS POSTMASTER
Postage
MINNESOTA DEPARTMENT OF P/S
Trailer registration
MINNESOTA ATHLETIC DIRECTOR'S
Registration fee-Recreation Dept.
BEER WHOLESALERS, INC. Beer
CAPITOL CITY DISTRIBUTING CO. Beer
CITY CLUB DISTRIBUTING CO. Beer
COCA COLA BOTTLING CO. Mixes
DAY DISTRIBUTING CO. Deer
1032
1205
1270
1271
1272
1273
1274
1275
.1276
1277
1278
1279
1280
1281
1282
1283
1284
1285
1286
11V''
1290
1291
1292
1293
1294
1295
1296
1297
1298
1299
1300
1301
1302
1303
1304
1305
1306
1307
1308
1309
1310
1311
1 ,
1314
1315
1316
1317
1318
/2,C4
Beer 8,760.52
Mixes
Beer
43.20
171.05
Beer 837.37
Mixes
B
505.6
Beer
1j
9,843.9C
Steel-Street Maintenance ' 8.2o
Service-Water Supply Wells #4, 5 & 6 30,068.31
339.82 Office supplies
Refund-Calligraphy lessons
-
Service
Signs 352.2
Supplies-Fire Dept. 32.27
Coffee-Community Center 28.00
Equipment repair & parts .186.11
Speedometer test-Police Dept. 18.00
Equipment repair-Street Maintenance 360.0L
Service-Community Center 12.92 :
Service-Water Treatment Plant Addition 191,707.15
Refund-Exercise classes
Refund-Dog obedience • 23.00
Refund-Swimming lessons 7.50
Legal service-Schooner Blvd. 240.00
Service 252.00
February 82 Service 421.06
Rekey locks-Liquor Store/Preserve
;
51.50 ,
Service-Westwood Ind. Park, Schooner Blvd. 16,121.20
P/W & P/S Maintenance Bldg.
Supplies-Water Dept.
742 Volleyball official
Rock 4,407.61
Service-Park Maintenance
5 34M Supplies-Liquor Stores
Equipment repair-Liquor Store/P V M 14.96
Refund-Calligraphy lessons 15.00
Equipment repair & parts 1,129.55
Equipment repair & parts-Forestry dept
1 4166t Equipment repair & parts
Refund-Rec Dept. 6.00
Dance instructor 36.00
Refund-Swimming lessons 10.00
Blueline paper, ammonia-Engineering Dept., Pen, 172.40
vellum-Park Planning
Stamp-Finance Dept. 20.20
Equipment parts-Water Dept. 50.70 ;
Cleaning supplies-Community Center 104.00
Equipment parts-Water Dept. 356.54
Refund-Calligraphy lessons 15.00
Service-Solid waste dump 2,0U
Office supplies
Supplies-Community Center
March 1982 Service 145.0(,
Fuel-Street Maintenance,Custodial Service 3,383.4'
Tests 72.00
Page two
20, 1982
1319 EAST SIDE BEVERAGE CO.
1320 GOLD MEDAL BEVERAGE CO.
1321 KIRSCH DISTRIBUTING CO.
1322 A.J. OGLE CO., INC.
1323 PEPSI-COLA BOTTLING
1324 THORPE DISTRIBUTING COMPANY
1325 A & H WELDING & MFG. CO .
1326 A.K.'CONSTRUCTION, INC.
1327 ACRO-MINNESOTA, INC.
1328 PATRICE ALKIRE
1329 AMERICAN LINEN SUPPLY CO.
1330 .EARL F. ANDERSEN & ASSOCIATES, INC
1331 ARROWHEAD BEARING INC.
1332 ASPLUND COFFEE CO.
1333 ASTLEFORD EQUIPMENT CO., INC.
1334 AUTOTRAAC DIAGNOSIS & REPAIRS
1335 AXLE & SPINDLE REPAIR, INC.
1336 BAKER POOLS OF THE NORTHWEST
1337 BARBAROSSA & SONS, INC.
1338 CHRIS BEGGS
1339 STEVE BERG
1340 REED BERGMANN
1341 BEST & FLANAGAN
1 ( "
EVELYNNE THOMPSON-CITY OF BLMGTN
1 CITY OF BLOOMINGTON
1344 BLOOMINGTON LOCKSMITH COMPANY
1345 BRAUN ENGINEERING TESTING
1346 BRO-TEX, INC.
1347 PAUL BROWN
1348 BRYAN ROCK PRODUCTS, INC.
1349 BUREAU OF WATER CONDITIONING
1350 BUTCH'S BAR SUPPLY
1351 CASH REGISTER SALES, INC.
1352 ELLEN CHAFFEE
1353 CHANHASSEN AUTO PARTS
1354 CHANHASSEN LAWN & SPORTS
1355 CLUTCH & U-JOINT BURNSVILLE, INC.
1356 COMMUNITY ED
1357 COMMUNITY EDUCATION SERVICES
1358 REID CONRAD
1359 COPY EQUIPMENT
1360 CROWN RUBBER STAMP CO.
1361 CURTIN MATHESON SCIENTIFIC, INC.
1362 DALCO
1363 DAVIES WATER EQUIPMENT CO.
1364 STEPHANIE DIETHELM
1 DONNIUE ENGINEERS & ARCHITECTS
L. DORHOLT PRINTING
1367 DRISKILL'S SUPER YALU
1368 EDEN PRAIRIE SANITATION CO.
1369 EDEN PRAIRIE SCHOOL DISTRICT #272
i 1370 CITY OF EDINA
•
Page three
" 20, 1982
1371 ELVIN SAFETY SUPPLY, INC.
1372 RON ESS
1373 ROLLIN FANNING
1374 FEED-RITE CONTROLS INC.
1375 FLYING CLOUD OIL COMPANY
1376 JAN FLYNN
1377 FRONTIER LUMBER & HARDWARE
1378 GARDNER HARDWARE CO.
1379 GENERAL COMMUNICATIONS, INC.
1380 PAUL GIBSON
1381 JANELLF GILBERT
1382 GLENWOOD INGLEWOOD
1383 JOANNE OR MIKE GRESH
1384 GROSS INDUSTRIAL SERVICES
1385 KARA HANS
1386 KAREN HAWS
1387 HENNEPIN EMERGENCY COMMUNICATIONS
1388 HENNEPIN TECHNICAL CENTER
1389 JOY HERRINGTON
1390 ANN HIBBARD
1391 HOPKINS DODGE SALES, INC.
1392 VOID OUT CHECK
1393 HOPKINS PARTS CO.
1(.
BERT HUDSON
MARIANNE HUGHS
1396 INTERDESIGN INC.
1397 IAAO
1398 IRON MOUNTAIN FORGE
1399 JEAN JOHNSON
1400 KARULF HARDWARE INC.
1401 KRIS KORBEL
1402 KRAEMER'S HOME CENTER
1403 LANDCO EQUIPMENT, INC.
1404 LANG, PAULY & GREGERSON, LTD.
1405 LANG, PAULY & GREGERSON, LTD.
1406 LATHROP PAINT SUPPLY CO.
1407 LEAGUE OF MINNESOTA CITIES
1408 LEEF BROS. INC.
1409 TONY LIGHTFOOT
1410 MACQUEEN EQUIPMENT, INC.
1411 MATT'S AUTO SERVICE, INC.
1412 ANN MAYS
1413 METROPOLITAN AREA MANAGEMENT
1414 METROPOLITAN FIRE EQUIPMENT
MIDLAND PRODUCTS COMPANY
14,0 MIDWEST ASPHALT CORPORATION
1417 LAVERNE MILLEVOLTE
1418 MINNEAPOLIS AREA CHAPTER
1419 MINNESOTA DAILY
1420 MINNESOTA GAS COMPANY
Equipment-Sewer Dept.
Hockey official
Refund-Swimming lessons
Sulfate-Water Dept.
Fuel-Historical Culture Center
Mileage
Lumber-Park Signs
Lock-Park Maintenance
Equipment repair & parts
Instructor-Exercise classes
Refund-Exercise classes
Service
Refund-Meeting Room/Community Center
Service
Refund-Exercise classes
Refund-Dog Obedience
1982 dues
Equipment repair & parts
Supplies-Community Center
Refund-Exercise classes
Equipment repair & parts
Equipment parts 772.62
Refund-Exercise classes 14.00
Refund-Exercise classes. 25.60
Service-P/S & P/W Building 27,777.5
Subscription-Assessing Dept. 12.00
Grills-Park Dept. 649.00
Expenses 54.60
faucet, key, oil, turpentine, screws, shelves, 1,217.11
batteries, nuts & bolts, nails, brush, tape,
sandpaper, saw blades, concrete, Pipe, glue,
pipe glanges, screwdriver, handles, step ladder,
spray paint
Refund-Exercise classes 15.00
Wrench, saw, pliers, sprayer 145.6-
Supplies-Forestry Dept. 83.00
Legal services 8,209.0'
Legal service-Eden Prairie Landfill project 2,372.5,
Paint-Warming houses 437.1:..
Subscription 150.00
Service 228:8E
Basketball official 66.00
Equipment parts-Street Maintenance 1,023.70
Towing service-Lake Riley Pond 125.00
Refund-Exercise classes 14.00
Expenses 7.00 :
Chemicals-Park Maintenance 74.8f, '
Concession supplies-Community Center 347.00
Winter mii 199.i!
Refund-Calligraphy classes 15.0-
Books-Community Center 24.7!
Ads-Community Services 18.4
Service 325.81,
63.10
220.00
12.00
3,502.00
47.00
98.20
• 208.30
120.00
15.00
9.00
25.00
84.82
15.00
23.00
410.00
.119.75
52.35
25.00.
83.96
iagc four
Ap 20, 1982
1421 MRPA
1422 MINNESOTA VALLEY ELECTRIC
1423 MINNESOTA VALLEY GAS COMPANY
1424 MODERN TIRE CO.
1425 R.E. MOONEY & ASSOCIATES, INC.
1426 BOB NORBERB
1427 NORTHERN STATES POWER CO.
1428 NORTHERN STATES POWER CO.
1429 NORTHWESTERN NATIONAL BANK
1430 NORTHWOOD GAS CO., INC.
1431 PETTY CASH
1432 PALM BROTHERS
1433 PEPSI COLA BOTTLING CO.
1434 PERBIX, HARVEY & THORFINNSON
1435 THE PIERCE COMPANY
1436 PITTSBURG-DES MOINES CORPORATION
1437 POWER TRAIN SPECIALISTS
1438 PRAIRIE OFFICE PRODUCTS, INC.
1439 PRAIRIE OFFSET PRINTING, INC.
1440 VOID OUT CHECK
1441 PREMIER CORPORATION
1442 POMMER MFG. CO ., INC.
lt.'
PRIOR LAKE AGGREGATES, INC.
R & R SPECIALTIES INC.
1445 DAVID RAQUET
1446 FRED RAZAVI
1447 RC M
1448 ROBERTS DRUG
1449 MARY ROBERTS
1450 BRANDON RUSKE
1451 SAILOR NEWSPAPERS, INC.
1452 SALLY DISTRIBUTORS
1453 JEFFERY SCHUCHMAN
1454 SEARS, ROEBUCK & CO.
1455 SEELYE PLASTICS, INC.
1456 MELISSA SHULDHIESS
1457 SMILEY GLOTTER ASSOCIATES INCORP.
1458 W GORDON SMITH CO.
1459 SOUTHWEST SUBURBAN PUBLISHING
1460 SOUTHWEST SUBURBAN ADVERTISER
1461 LORI STAUNER
1462 ROBERT STILES
1463 SUBURBAN AUTO ELECTRIC, INC.
1464 SULLIVANS SERVICES, INC.
' 5 SUPPLEE ENTERPRISES, INC.
SWEDE INTERNATIONAL INC.
1467 TARGET STORES
1468 MIKE TEITTEBAUM
1469 TEPCO, INC.
1470 TIERNEY BROTHERS, INC.
1471 CARRIE TIETZ
Book-Park Maintenance 3.50
Service 34.82
Fuel-Senior Citizens 176.25
Equipment repair & parts 455.89
Enamel paint-Water Dept. 111.19
Service-Senior Citizens Center 13.15
Service 4,613.97
Service 2.48
Bond payment .875,400.60 '
Supplies-Street Maintenance 6.90 ;
Expenses 63.69
Supplies-Liquor Store/P V M 71.71
Pop-Community Center Concession Stand 362.50
Legal service 287.00
Art supplies-Park Planning . 30.04
Service-Elevated storage reservoir ' 285,655.50
Equipment parts-Street Maintenance 60.00
Office supplies-Community Center 34.31 ,
Forms-Community Center 140.00 ;
Brushes, handles-Street Maintenance 90.34
Trophies-Rec Dept. 766.00 •
Sand 163.52
Service-Community Center 44.40 :
Wrench-Street Maintenance 6.50
Volleyball official 198.00
Service-Westwood Ind. Park, Autumn Woods, 48,605.8: .
Sundquist Addition, Valley View Road, Schooner
'Blvd., 70th Street Improvements, Lake Idlewild
Drainage, Southwest Leg-Schooner Blvd.
Supplies-Rec Dept. .2.94
Expenses 17.02
Refund-Swimming lesson 5.00
Ads-Liquor Stores 237.50
Supplies-Community Center 12.50
Refund-Skating lessons 22.00
Equipment-Park Maintenance 12.89
Equipment parts-Water Dept. 24.1E
Refund-Exercise classes
Service-Community Center 1,669.4-
Equipment parts-Street Maintenance 353.81
Ads-Community Center 56.6 ,
Ad-Community Services 9.94
Refund-Rec Dept. 125.00
Refund-Dog Obedience 20.00,
Equipment repair & parts 168.0,,
Service-Riley Lake & Research Road 125.0,,H
Supplies-Liquor Store/Preserve 13.30
Cash register-Community Center 1,345.5
Smoke detectors-Grill & Historical Culture Home
74.0' '
Instructor-Karate 525.0
Ceiling fans-Fire Station 560.r
Equipment parts-Community Center 22.4
Service-Parks, Recreation & Natural Commission 47.2.
TOTAL
Page five
April 20, 1982
14 TREE SERVICE
1473 JOHN TROTMAN
1474 PATRICK UNDERHILL
1475 UNIVERSITY OF MINNESOTA
1476 UNIVERSITY OF MINNESOTA
LIMNOLOGICAL RESEARCH/U OF M
1478 VIKING PRESS INC.
1479 VILLAGE SANITATION, INC.
: 1480 WATER PRODUCTS COMPANY
- 1481 PAUL WELD
' 1482 DEBBIE WILSON
1483 JACKIE WONG
1484 XEROX CORPORATION
1485 ZECO COMPANY
1486 ZEP MANUFACTURING COMPANY
1487 ZIEGLER INC.
1488 BEACON PRODUCTS COMPANY
1489 NORTHERN STATES POWER COMPANY
-' 1490 NORTHWESTERN BELL TELEPHONE
: 1491 MR. STEAK
1492 NORTHLAND ELECTRONICS
Equipment rental-Forestry Dept.
Refund-Calligraphy lessons
Refund-Tennis lessons
Conference-Engineering Dept.
Equipment rental-Forestry Dept.
Service-Round Lake
Letterhead
March 82 Service
Equipment parts-Water Dept.
Hockey official
Refund-Exercise classes
Refund-Calligraphy lessons
Service
Lens-Street Maintenance
Supplies-Street Maintenance
Equipment parts
Field lining compound-Park Maintenance
Service
Service
Cash register-Community Center
Refund-Water & Sewer bill
325.00
15.00
13.00
55.00
3.00
500.00
378.4;.;
100.00
160.00
132.00
14.00
15.00
1,176.92
40.00
247.75
30.76
576.00
3,099.0?
1,495.00
1,922.9!.:
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of dejah//5* . 1982
by and between RICHARD W. ANDERSON, INC., 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 Office
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 as three brick exterior
buildings for a total of 240,000 sq. ft. at a 34 floor area ratio, two
parking ramps, a plaza and cafeteria, and a private internal road system.
NOW THEREFORE, in consideration of the City adopting Ordinance No.
82-07, and Resolution No. 82-60, 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 application brochure dated January 21, 1982 revised site
plan dated March I, 1982 and the photo dated April 6, 1982 of
the development model all of which were reviewed and approved
by the City Council on 4/6/82 and which are 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.
60/
Developer's Agreement-City West Ph 1-3 page 2
3. Owner shall, prior to issuance of any permit for building
upon the property, submit detailed utility plans to the City
Engineer and obtain the City Engineer's approval thereof.
4. Owner shall, prior to issuance of any permit for building
upon the property, meet with CityStaff on the property and
at such time, City Staff shall indicate the location of
required protective fencing around the trees and slopes to
be preserved.
Said fencing shall be installed by Owner prior to issuance
of any permit for building upon the property and remain in
place until the City Engineer determines that the property
is totally restored.
All maintenance of the fencing shall be the responsibility
of the Owner.
-5. Owner shall, prior to the issuance of any permit for
building upon the property, submit to the City a detailed
landscaping plan, and obtain the City's approval thereof.
Such plan shall include but not be limited to: a landscape
phasing plan, berming and landscaping along Shady Oak Road
concurrent with phase 1 landscaping, and landscaping upon
Golden Ridge Road properties which will have direct and unobstructed
views of the property.
6. Owner shall replace all oak trees that are lest during
construction, caliper inch per caliper inch. Such re-
placement shall be done in accordance with the specifica-
tions of the City Planning Director, with no less than
• four inch caliper trees; half of which should be oak trees
and the balance being a variety as approved by the Planning
Director. The location of these replacement trees shall be
• 'depicted on the landscape plan required by item 5 to be
submitted to the Staff.
7. Owner shall submit to City Staff for review a revised
pedestrian trail plan and obtain the City Staff's approval
thereof. Such plan shall depict a connection occuring at
Shady Oak Road across the Rowland Road intersection as
depicted on Exhibit B.
8. Owner shall seed and discedmulch disturbed areas according
to the rules and regulations of the Nine Mile Creek Watershed
District and the City of Eden Prairie.
g. Owner shall, 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 the following:
a. A bond or letter of credit for the benefit of the City in the
amount of not less than $25,000.00 guaranteeing performance
of the obligations of Owner to restore the property in
accordance with item 8. Such bond or letter of credit shall
be of indefinite duration until released by City.
It/S
Developer's Agreement-City West Ph 1-3 page 3
b. A recordable agreement, in a form approv
e
d
b
y
t
h
e
C
i
t
y
Attorney which grants to City the right to
e
n
t
e
r
t
h
e
property and restore the property in accord
a
n
c
e
w
i
t
h
Item 8.
10. Owner shall, prior to issuance of any build
i
n
g
p
e
r
m
i
t
,
r
e
c
e
i
v
e
approval of the final plat from the Hennepi
n
C
o
u
n
t
y
H
i
g
h
w
a
y
Department.
11. Owner shall submit cross easement document
s
c
o
n
s
i
s
t
e
n
t
w
i
t
h
t
h
e
general cif:Incept set forth in Exhibit D, a
t
t
a
c
h
e
d
h
e
r
e
t
o
a
n
d
m
a
d
e
a part hereof to the City Attorney and rec
e
i
v
e
t
h
e
C
i
t
y
A
t
t
o
r
n
e
y
'
s
approval thereof. Such easements shall inc
l
u
d
e
b
u
t
n
o
t
b
e
limited to maintenance by the association of
t
h
e
p
a
r
k
w
a
y
t
r
e
e
s
,
the parkway island and the lighting within t
h
e
C
i
t
y
r
i
g
h
t
-
o
f
-
w
a
y
.
Public access shall also be provided for the
p
a
t
h
s
a
n
d
r
o
a
d
s
i
n
the agreement.
12. Owner acknowledges that it has agreed to acc
e
p
t
'
f
a
i
r
s
h
a
r
e
'
assessments for the Schooner Boulevard impro
v
e
m
e
n
t
s
i
n
t
h
e
AlViotan l.,k00,(y),per acre. The City shall levy such ass
e
s
s
m
e
n
t
ver a 17 year period with payments beginning
i
n
1
9
8
3
.
13. In implementation of the PhD and as a varia
n
c
e
f
r
o
m
c
e
r
t
a
i
n
UW requirements imposed by City Ordinance 135,
a
s
a
m
e
n
d
e
d
,
C
i
t
y
authorizes the construction of buildings to
a
h
e
i
g
h
t
o
f
n
o
t
more than feet...0/14
14. Owner shall screen all mechanical equipment
w
i
t
h
m
a
t
e
r
i
a
l
integral to the materials of the buildings a
n
d
i
n
a
c
c
o
r
d
a
n
c
e
with the specifications of the City Buildin
g
I
n
s
p
e
c
t
o
r
.
O
w
n
e
r
shall also screen all parking and loading ar
e
a
s
a
c
c
o
r
d
i
n
g
t
o
City Ordinance.
15. Prior to the issuance of any permit upon th
e
p
r
o
p
e
r
t
y
f
o
r
t
h
e
-
construction of a sales office and signage,
O
w
n
e
r
s
h
a
l
l
s
u
b
m
i
t
such plans to the City Planning Commission
a
n
d
r
e
c
e
i
v
e
t
h
e
.
Planning Commission's approval thereof.
16. Owner shall not construct, nor allow others
t
o
c
o
n
s
t
r
u
c
t
a
n
y
outdoor structures used for lighting purpo
s
e
s
w
h
i
c
h
a
r
e
h
i
g
h
e
r
than 25 feet and which are not equipped wit
h
c
u
t
-
o
f
f
l
u
m
i
n
a
r
s
.
All outdoor structures used for lighting p
u
r
p
o
s
e
s
s
h
a
l
l
b
e
rev,ewed and approved by the City Planning
D
i
r
e
c
t
o
r
.
Developer's Agreement-City West Ph 1-3 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 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
, 1982 by Wolfgang H. Penzel, the Mayor ard Carl J. Jullie,
the City Manager of the City of Eden Prairie, a Minnesota municipal cor-
poration, on behalf of the corporation.
Notary Public
RICHARD W. ANDERSON, INC.
4 AleAK
"Richard W. Anderson, President •
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing ,ipstrument was Acknowledged before me this 45r "day of
, 1982 by Richard W. Anderson, President of Richard
W. And&son, Inc., a Minnesota corporation, on behalf of the corporation.
TAMMY L MELGREN
NOTARY PUBLIC
HENNEPIN COUNTY
My Commission . xpires Sept. 16, 1987
of7 ;44-L 7.1
Notary Publi5/
•
lEGAt oEsCRiPTION OF PROPOSED LOTS 1-7, BLOCK 1,CITY WEST
PHASES 1-3 ZONING TO OFFICE
That part of the West Half of Section 1, Township 116, Range 22 described
as follows:
Commencing at the intersection of the easterly right of way line of
C.S.A.H. Np. 61 and a line 313.17 feet northerly of as measured at •
right angles to the south line of the North Half of the Northwest
Quarter of said Section 1; thence easterly parallel with the south
line of the Northwest Quarter of the Northwest Quarter of said
Section 1 a distance of 452.86 feet; thence southeasterly 106.64
feet along a tangential curve, concave to the southwest having a
radius of 195 feet and a central angle of 31°20; thence south-
easterly tangent to said curve a distance of 53.18 feet; thence
southeasterly 150.39 feet along a tangential curve, concave to the
northeast, having a radius of 275 feet and a central angle of 31 °20';
thence easterly tangent to last said curve a distance of 52.11 feet;
thence southeasterly 235.49 feet along a tangential curve, concave
to the southwest, having a radius of 210 feet and a central angle
of 64°15'; thence southeasterly tangent to last said curve a dis-
tance of 396.89 feet; thence southeasterly 116.68 feet along a
tangential curve, concave to the northeast, haying a radius of
260 feet, a central angle of 25°4249" to the point of beginning •
of land to be described; thence southeasterly along last described
curve 87.52 feet, said curve being concave to the northeast, having
A radius of 260 feet and a central angle of 19 °17'11"; thence
southeasterly tangent to last said curve a distance of 158.41 feet;
thence southeasterly, southerly and southwesterly 617.15 feet
along a tangential curve, concave to the west, having a radius of
240 feet and a central angle of 147'20; thence southwesterly
tangent to last said curve a distance of 147.53 feet; thence
southwesterly, southerly, and southeasterly 575.26 feet along a
tangential curve, concave to the southeast, having a radius of 320
feet, and a central angle of 103°, thence southeasterly tangemt
to last said curve a distance of 66.68 feet; thence southeasterly
and southerly 143.04 feet along a tangential curve, concave to the
west, having a radius of 280 feet, a central angle of 29°16.'11";
thence northwesterly not tangent to last said curve 600 feet along
a line that deflects 39 0 , north to west, from the chord of last
said curve; thence northerly, deflecting to the right 48°20' a
distance of 550 feet; thence deflecting to the right 76° a dis-
Once of 160 feet; thence deflecting to the left 34°30 a dis-
tance of 190 feet; thence deflecting to the right 30° a distance
of 332.04 feet to the point of beginning.
EXHIBIT A
-
EXHIBIT B CONTAINS THREE PARTS:
-the brown development application brochure
(not attached here; but was part of the
review material and it will be attached
to the three original developer's agreements).
- the large scale plans
(not attached here; but was part of the
review material and it will be attached
to the three original developer's agreements).
- photo of the development model presented
to the City Council a copy of which is
below.
EXHIBIT
(oti9
.DEVELOPER'i AGREEMENT
EXHIBITC
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 ind size, minimum floor elevations on each lot, preliminary
alignment and grades for sanitary sewer, watermain and storm sewer,
100 year flood plain contours, pending areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots,
location of walks, trails and any property to be deeded to the City.
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.
Owner shall pay cash park fees as to all of the property required
by any ordinance in effect as of the date of the issuance of each.
building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
$1,400 per acre. The amount to be paid by Owner shall be increased
or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
of the issuance of any building permit for construction on the
property.
IV. Prior to the dedication, transfer or conveyance of any real
property or interest therein to the City as provided herein,
Owner shall deliver to the City an opinion addressed to the
City by an Attorney, and in a form , acceptable to City, as to
the condition of the title of such property or in lieu of a
title opinion, a title insurance policy insuring the condition
of the property or interest therein in the City. The condition of
the title of any real property or any interest therein to be
dedicated, transferred or conveyed as may be provided herein by
Owner to City shall vest in City good and marketable title,
therein free and clear of any mortgages, liens, encumbrances,
or assessments.
1/80
1/80
Page 2 of 5Exhibit C
V. A. All sanitary sewer, watermain and storm sewer facilities, concretecurb,
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 oi•
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 1
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 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.
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.
(C C
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,
•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 accepta 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 Camiunity 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 regist ,..wed engineer shall
make and submit for approval to the Director of Commun-
ity Services a written estimate of the costs of the
improvements.
663
• 1/80
9/10/80
Page 5 of 5 Exhibit C
XII. Owner acknowledges that the rights of City to performance of obligations
of owner contemplated in this agreement are special, unique and of an
extraordinary character; and that in the event that owner violates or
fails or refuses to perform any covenant, condition or provision made by
him herein, City may be without an adequate remedy at law. Owner agrees,
therefore, that in the event he violates, fails or refuses to perform any
covenant, condition or provision made herein, City may, at its option,
Institute and prosecute an action to specifically enforce performance of
such covenant. No remedy conferred in this agreement is intended to be
exclusive and each shall be cumulative and shall be in addition to every
other remedy. The election of any one or more remedies shall not constitute
a waiver of any other remedy.
XIII. Any term of this agreement that is illegal or unenforceable at law or in
equity shall be deemed to be 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 Cammnication
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.
65(/
OWNER'S ASSOCIATION OVERVIEW: CITY WEST
• PHASE I
INTRODUCTION
In order to maintain the distinct office/commercial/residential
environment which is the basis of the City West project, it is
necessary to create an effective and comprehensive plan for
administering the Project. A properly formed Owner's Association for
Phase I will ensure perpetual and consistent adherence to the City
West plan by all those participating in the Project.
The Owner's Association (the Association) will be created by the
Developer pursuant to a Declaration of Covenants, Conditions,
Easements and Restrictions (the Declaration). In the Declaration, the
Developer (the Declarant) will submit all of the Phase I City West
II )perty (the Property) to the terms and conditions of Declaration,
thereby ensuring a comprehensive plan for the development, use and
maintenance of the Property.
The Association, (the Association), which will be a Minnesota
nonprofit corporation, will consist of all the Property owners. The
purpose of the Association is to enforce and administer the terms and
conditions of the Declaration.
The Declaration will, among other things:
— Designate a portion of the Property as "Common Property."
The Common Property will be conveyed to the Association by
the Declarant;
— Provide for membership in the Association by owners of the
Property not designated as Common Property;
— Create easements, including parking, pond and walkways over
the Common Property for use by the Property owners;
Provide for the construction of improvements on the Common
Property and for the maintenance, repair and replacement of
EXHIBIT D, page 1 of 10
6c5
the Common Property and the sharing of the costs thereof
among the owners of the Property;
- Provide a system for submitting additional property under the
Declaration.
This Overview will outline the format of the Declaration and
generally describe the key provisions of the Declaration. Certain
information, such as easement legal descriptions, are unavailable at
this time and as a result, the purpose of this Overview is to provide
a general description of the Declaration rather than present the
actual technical language which will be incorporated in the . .
Declaration. The executed Declaration would be filed no later than
issuance -In the City of a Certificate of Occupancy.
I. Property Subject to Declaration.
A. Common Property and Lots - All of the Property will be
subject to the Declaration. The Property will be divided
into two categories:
1. Common Property - That Property owned by the Association
for the benefit of all the Association members.
Included in the Common Property initially will be the
private roadways, parking ramps and parking areas, the
Plaza, walkways, ponds, open space and recreational
areas.
2. The Lots - All the Property, except the Common Property.
Initially, the Lots will be the parcels upon which the
office buildings will be constructed.
B. Additional Property - The Declaration will provide a
mechanism to include property adjacent to City West within
the Declaration, thereby subjecting such adjacent property to
the terms and conditions of the Declaration.
Exhibit D p 2. of 10 /
II. Membership and Voting Rights in the Association.
II A. Membership - Each person or entity who is a record owner of a
fee or undivided fee interest in any Lot shall be a member of
the Association. This will not include persons or entities
who own an interest merely as security for the performance of
an obligation (e.g., a mortgagee) unless and until the holder
of such an Interest has acquired title pursuant to
foreclosure or otherwise. Where any Lot is sold by a fee
owner to a contract vendee who is entitled to possession of
the Lot, the contract vendee shall be considered the owner of
-Che Lot. Membership shall be appurtenant to and cannot be
separated from ownership of any Lot.
B. Voting Rights - Each member shall be allocated voting rights .
in the Association. There shall be two classes of stock:
Class A and Class B. Class A members shall be all Lot
owners, except the Declarant. The sole Class B member shall
be the Declarant. This mechanism will allow for the control
of the Association and the Project by the Declarant for a ....
specified period of time (typically not exceeding six (6)
years).
III. Property Rights in the Common Property.
A. Easements Benefiting Lots - The Declarltion shall create the
foljowing easements over, under and across the Common
Property running in favor of the Lots (or, where appropriate,
less than all of the Lots):
I. Nonexclusive easements for signs and advertising, both
to be governed by the Rules and Regulations of the
Association.
Exhibit 0 p3. of 10 651
2. Nonexclusive easements for egress and ingress to and
from each Lot over and across the paved road areas to be
constructed on the Common Property. A specific grant of
easement will be set forth in the Declaration,
specifying the exact legal description of the road
area(s).
3. Nonexclusive easements to construct, install, repair and
replace sanitary and storm sewers, water, gas, electric,
.. telephone, television and other utility lines serving
the Lots.
4. Nonexclusive easements over and across the Plaza portion
of the Common Property for the uses contemplated by the
Project and allowed by the Association.
5. Nonexclusive easements for ingress and egress over and
across the Common Property for the use and enjoyment of
those portions of the Common Property developed for open
space or recreational purposes. These spaces and the
allowed uses will be specifically described within the
Declaration.
6. Nonexclusive easements for parking in the parking ramps
and parking spaces to be constructed.
B. Extent of Members' Easements - The easements and rights
created by the Declaration shall be subject to the following:
1.
The right of the Association to limit the parking
easements in such a manner so as to allocate particular
parking ramps or areas for the exclusive use of
particular lots.
Exhibit D pit. of 10 , 9
2. The right of the Association, in accordance with its
I/ Articles and Bylaws, to borrow money for the purpose of
improving the Common Property, and to grant mortgages
covering the Common Property for such purposes.
3. The right of the Association, as provided in the
Articles and Bylaws, to suspend the voting and enjoyment
rights of any Member for any period during which any
assessment levied against the Member remains =paid.
This restriction will not apply so as to deny a Lot
owner access to its Lot.
C. The right of the Declarant to make use of such portions
of the Common Property as is necessary and incidental to
the construction of City West, including vehicular
ingress and egress, parking, storage and maintenance of
materials, together with the right of the Declarant to
execute and deliver any and all necessary conveyances or
dedications to governmental authorities or public
utilities deemed necessary by the Declarant for the
purpose of providing public utilities for the Project.
S. The right of the Association to dedicate or transfer all
or any part of the Common Property to any public agency,
authority or utility for public or utility purposes.
IV. Authority to Construct, Manage and Maintain Improvements and
Common Property.
A. Construction of Improvements - The Association shall be given
the right to construct upon the Common Property certain
Improvements approved by the City and consistent with the
Exhibit D p5. of 10 60)
approved plan of City West including the proposed parking
ramps, Plaza, cafeteria, private roadways, and recreational
facilities (the Improvements).
B. Maintenance of Common Property - The Association shall be
given the authority by the Declaration to maintain, repair
and replace the Improvements located on the Common Property
as necessary. The Declaration shall empower the Association
to hire such management agents or other similar personnel to
oversee the construction and maintenance of the Improvements
and the Common Property.
V. Assegginents.
A. Levy - All expenses incurred by the Association in
constructing, maintaining, insuring, repairing and replacing .
the Improvements constructed upon the Common Property shall
be assessed among the Members of the Association. The
Declaration shall authorize the Association to levy expenses
benefiting all of the Lots among the Members in an equitable
manner. The Declaration shall also authorize the Association
to levy assessments against particular Members when only
certain Lots are benefited by Association's expenses.
B. Lien - All assessments for the expenses of the Association
levied against the Members of the Association shall
constitute liens against the Lots owned by the Members. Such
liens shall be subordinate only to the lien of taxes and
assessments and the lien of first mortgages covering the
Lots. The Declaration shall empower the Association to
collect assessments and foreclose the liens as allowed by
law.
Exhibit D p6. of 10 660
1
C. Special Assessments - The Association shall be empowered to
levy special assessments as necessary to fund capital
improvements or as required by emergency situations.
VI. Insurance.
The Declaration shall require the Association to maintain
public liability insurance covering the Common Property insuring
the Association and to purchase fidelity bonds covering those
officers or employees of the Association managing the
Association's funds. Additionally, the Association will be
required to maintain casualty insurance on the insurable Common
PropelEy in an amount sufficient to protect the interest of the
Association in the Improvements. It is possible, although not
necessarily practical, for the Association to maintain certain
types of liability and casualty insurance on the Improvements
constructed upon the Lots. This is a determination which can be
made after the incorporation of the Association and can be an item
left to the election of the Association.
This section of the Declaration shall also mandate the
•••nn
replacement or repair of Common Property which is destroyed by
casualty or otherwise. This section will also require the
replacement and repair of improvements constructed upon the Lots,
unless such obligation is released by the Association. This
requirement is necessary to ensure the viability of the entire
project of City West.
VII. Architectural Control Committee.
The Declaration shall also grant the Association the right to
control the design and character of any improvements constructed
Exhibit D p. 7.of 10
661
Exhibit D 1)80 10 66 2
upon the Lots. This right shall be governed pursuant t
o
a
n
11 Architectural Control Committee. This will ensure cont
i
n
u
e
d
adherence to the overall design plan for City West.
VIII. Rules and Regulations; Restrictions Relating to Use.
The Declaration shall specifically provide the manner
i
n
which any of the Lots may be used by Lot owners. Pres
u
m
a
b
l
y
,
these restrictions apply even to the Additional Proper
t
y
,
a
l
t
h
o
u
g
h
it is possible that when the Declaration is amended to
i
n
c
l
u
d
e
t
h
e
Additional Property, this portion of the Declaration m
a
y
a
l
s
o
b
e
amended to allow for contemplated uses. Restrictions
m
a
y
i
n
c
l
u
d
e
the ribMber and nature of the businesses and functions
a
l
l
o
w
e
d
within improvements constructed upon the Lots, togeth
e
r
w
i
t
h
t
h
e
manner in which such businesses are conducted.
The Declaration shall also grant the Association the r
i
g
h
t
t
o
promulgate such rules and regulations regarding the use
o
f
t
h
e
Common Property as the Association deems reasonable and
n
e
c
e
s
s
a
r
y
for the common benefit of the Common Property, the Asso
c
i
a
t
i
o
n
a
n
d
the Lots. Examples of such rules and regulations will
b
e
••n•••
restrictions upon the type of activities allowed withi
n
t
h
e
o
p
e
n
spaces and recreational facilities, etc.
IX. Rights of First Mortgagees.
In order to ensure adequate financing options for Lot o
w
n
e
r
s
in constructing Lot Improvements, the Declaration must
c
o
n
t
a
i
n
certain provisions relating to first mortgages and be
n
e
f
i
t
i
n
g
t
h
e
holders of first mortgages. For example, first mortga
g
e
e
s
m
u
s
t
II receive default notifications, exemption from liens fo
r
u
n
p
a
i
d
assessments subsequent to foreclosure and the like.
X. Amendment to Declaration and Restrictions on Activi
t
i
e
s
o
f
t
h
e
Association.
Provision must be made to amend the Declaration or t
o
otherwise allow the Association act notwithstanding
t
h
e
t
e
r
m
s
o
f
the Declaration. The approval requirements for suc
h
a
m
e
n
d
m
e
n
t
s
o
r
acts must be sufficiently high to ensure complianc
e
b
y
t
h
e
Association with the approved plan of City West an
d
t
o
e
n
s
u
r
e
f
o
r
the planned development of the Property.
XI. Duration of Covenants, Conditions, Restrictions an
d
E
a
s
e
m
e
n
t
s
.
The covenants, conditions, restrictions and easemen
t
s
contwihed in the Declaration shall run with and bi
n
d
t
h
e
L
o
t
a
n
d
Property and shall be enforceable by the Association
o
r
t
h
e
o
w
n
e
r
of any Lot subject to the Declaration, or the owner'
s
r
e
s
p
e
c
t
i
v
e
11 legal representatives, heirs, successors and assig
n
s
.
T
h
e
Declaration shall provide that the easements grante
d
i
n
t
h
e
Declaration shall be perpetual. All other condition
s
,
c
o
v
e
n
a
n
t
s
and restrictions shall have the longest duration al
l
o
w
e
d
b
y
Minnesota law. MIS
In addition to the Declaration, the Bylaws of the As
s
o
c
i
a
t
i
o
n
shall govern the method by which the Association is
o
r
g
a
n
i
z
e
d
a
n
d
administers the functions required of it by the De
c
l
a
r
a
t
i
o
n
.
T
h
e
Bylaws shall provide for:
- Election and duties of Board of Directors
- Election and duties of officers of the Association
- powers of the Association (which will parallel the
r
i
g
h
t
s
afforded to the Association by the Declaration)
- Organization of the Association, meetings and voti
n
g
Exhibit 0 p9.of 10 60
Financial operations of the Association including
recordkeeping, levying of assessments and enforcement of
same; preparation of annual budgets; reserve and replacement
funds
Rules and Regulations of the Association
Amendment to Bylaws
Such other terms as are necessary to effect the purpose and
intent of the Declaration
t %
Exhibit D p. 10.of 10
gd
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
PUBLISHED in the Eden Prairie News on the day of
GLS
City West Ph 1-3
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
Ordinance No. 82-07
AN ORDINANCE RELATING TO ZONING AND AMENDING
ORDINANCE NO. 135
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE DOES ORDAIN AS FOLLOWS:
Section 1. Appendix A of Ordinance No. 135 is amended as follows:
The property situated in the County of Hennepin, State of Minnesota,
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 heredfter in the Office
District.
- Section 2. The above-described property shall be subject to the
terms and conditions of that certain Developer's Agreement dated as of
,1982 between Richard W. Anderson, Inc., 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 Office 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 March, 1982, and finally read and adopted
and ordered published at a regular meeting of the City Council of said
City on the '_day of , 1982.
LEGAL DESCRIPTION OF PROPOSEDLOTS1-7,BLOCKI,CITY WEST
PHASES 1-3 ZONING TO OFFICE
That part of the West Half of Section 1, Township 116, Range
2
2
d
e
s
c
r
i
b
e
d
as follows:
Commencing at the intersection of the easterly right of way l
i
n
e
of
C.S.A.H. No, 61 and a line 313.17 feet northerly of as measur
e
d
a
t
right angles to the south line of the North Half of the North
w
e
s
t
Quarter of said Section 1; thence easterly parallel with th
e
s
o
u
t
h
line of the Northwest Quarter of the Northwest Quarter of sai
d
Section 1 a distance of 452.86 feet; thence southeasterly 1
0
6
.
6
4
feet along a tangential curve, concave to the southwest havi
n
g
a
radius of 195 feet and a central angle of 31
0 20; thence south-
easterly tangent to said curve a distance of 53.18 feet; th
e
n
c
e
southeasterly 150.39 feet along a tangential curve, concave
t
o
t
h
e
northeast, having a radius of 275 feet and a central angle of 3
1
0 20 1 ;
thence easterly tangent to last said curve a distance of 52.11
f
e
e
t
;
thence southeasterly 235.49 feet along a tangential curve, conc
a
v
e
to the southwest, having a radius of 210 feet and a central angle
of 64 0 15 1 ; thence southeasterly tangent to last said curve a dis-
tance of 396.89 feet; thence southeasterly 116.68 feet along
a
.
tangential curve, concave to the northeast, having a radius of
260 feet, a central angle of 25°42'49" to the point of beginni
n
g
•
of land to be described; thence southeasterly along last desc
r
i
b
e
d
curve 87.52 feet, said curve being concave to the northeast, h
a
v
i
n
g
a radius of 260 feet and a central angle of 19°17'11; thence
southeasterly tangent to last said curve a distance of 158.41
f
e
e
t
;
thence southeasterly, southerly and southwesterly 617.15 feet
along a tangential curve, concave to the west, having a radius
o
f
240 feet and a central angle of 147'20'; thence southwesterl
y
tangent to last said curve a distance of 147.53 feet; thence
southwesterly, southerly, and southeasterly 575.26 feet along
a
tangential curve, concave to the southeast, having a radius of
3
2
0
feet, and a central angle of 103 0 ; thence southeasterly tangemt
to last said curve a distance of 66.68 feet; thence southeas
t
e
r
l
y
and southerly 143.04 feet along a tangential curve, concave t
o
t
h
e
west, having a radius of 280 feet, a central angle of 29 0 16'11";
thence northwesterly not tangent to last said curve 600 feet
a
l
o
n
g
a line that deflects 39 4 , north to west, from the chord of last
said curve; thence northerly, deflecting to the right 48°20'
a
distance of 550 feet; thence deflecting to the right 76° a
d
i
s
-
tance of 160 feet; thence deflecting to the left 34'30' a
d
i
s
-
tance of 190 feet; thence deflecting to the right 30' a dis
t
a
n
c
e
of 332.04 feet to the point of beginning.
EXHIBIT A
TO: Mayor and City Council
FROM: John D. Frane, Finance Director
DATE: April 7, 1982
The Council has questioned staff as to whether the City should develop
"in house" computer capability. We believe that a recent introduction by
Hewlett-Packard will give the City an excellent start in this direction.
They presently have a combination computer terminal/computer/word processor
which is compatible with the operating software of the Logis system.
The basic system is a CRT terminal with a non letter grade printer. By
adding a disk drive this system becomes, in addition to a terminal, a
computer and a word processor (non letter grade). A letter grade printer
would give the system "real" word processing.
A basic system (CRT terminal and non letter grade printer) has been
ordered to implement the special assessment function at Logis which will
be operational for us in April.
We would like to replace the present terminal in the Finance department,
which is being leased, with the new system including a letter grade printer
and disk drive. Two locations would be available, by moving the letter
grade printer and disk unit, for computer and word processing.
The next step could be the addition of a CRT terminal/computer, non letter
grade printer and a disk unit. By switching the letter grade printer to
this new system we would have a word processing center.
FINANCE DEPARTMENT UPDATE
CRT terminal/computer $2337
Letter grade printer and cable 2640
Disk drive and cable 1964
Programs 825
$7766
The system could be obtained under a lease/purchase contract which would
cost $229/month for 5 years plus 5% of the original cost or a total of
$14,138 over the 5 years. The lease would not have a cancellation provision.
I would recommend that the Council consider appropriating $1,000 from each
utility fund and $5,800 from the TIP Fund to purchase the system.
JDF:bw
4/7/82
GG7
MEMORANDUM
Mayor and City Council
IHRU:'
-Carl Jullie, City Manager -
FROM: Bob Lambert, Director of Community Services
DATE: April 15, 1982
SUBJECT: Camp Indian Chief
Attached to this memo is the memorandum from Jerry Stepan, Director of
Community Services for the Minneapolis Association for Retarded Citizens
,
providing background information on Camp Indian Chief.
Hennepin County owns approximately 80 acres of land adjacent to and wes
t
of Birch Island Park on the north shore of Birch Island Lake. MARC ha
s
operated a summer camping program on approximately 20 acres of that pr
o
p
e
r
t
y
since the early 1950's. The County has been leasing that area to MARC
a
t
$1 per year on a five year lease agreement with renewal options. MARC
would like to enter into a long term lease agreement so that it would b
e
.
in a better position to secure donations for a building program that woul
d
include construction of several new barrier fre buildings that would offe
z
overnight facilities for campers.
According to the Assistant County Attorney's memo of March 2, 1982, the
County is not able to convey the property for public use or lease the
property, without calling for bids; whereas, the City is able to sell,
convey or lease this property as its interests require.
Representatives of the County and MARC have met with Eden Prairie City s
t
a
f
f
to discuss the possibility of the County transferring title of the 80 acr
e
s
to the City and then the City entering into a long term lease agreement w
i
t
h
MARC for approximately 20 acres of the site.
City staff has indicated to representatives of MARC and the County that
t
h
a
t
property is in the public and park and open space master plan and is de
p
i
c
t
e
d
in the Guide Plan as public open space. City staff also indicated that
s
t
a
f
f
would be interested in discussing how the master plan for the camp would
incorporate within the City trail system in the area and discussing the
possibility of some community use of those facilities. City staff indic
a
t
e
d
that the first step would be to present the general idea to the Parks, R
e
c
r
e
a
-
tion and Natural Resources Commission and the City Council and request d
i
r
-
ection from the Council on how staff should proceed in this proposal.
On April 6, 1982, the Parks, Recreation and Natural Resources Commission
reviewed this matter and recommended that the City Council approve all
o
w
i
n
g
staff to meet with representatives of MARC and discuss their developmen
t
plans with City plans for trail systems within that area, as well as ex
p
a
n
s
i
o
n
O
f
Birch Island Park. The Commission supported the acquisition of the pro
p
e
r
t
y
and indicated that it was vital to provide a public trail connection from
County Road 4 through to the east side of the County property at Birch Is
l
a
n
d
Road to allow for future connection to the Forest Mills area.
: •*. " `:41
•
.2-
City staff support the general idea of acquisition of the County property
and support the MARC camp program and requests the City Council to approve
staff to meet with MARC to address possible conflicts of development plans
and programs to make sure all concerns are addressed prior to final
recommendation of any action regarding this proposal.
BL:md
• 7
zz-e eT.na:
. . . . - .
7 ,.--z•
77:7
'011
jJOD8ri1cta ,A
March, 19A2
TO: Carl Jullie, Eden Prairie City Manager
FROM: Jeri Stepan, Director Community Services
RE: Indian Chief Camp Land Matter
The premesis located in Hennepin County, Minnesota, legall
y
described as "that
part of the Northeast Quarter of Section 4, Township 116, Range 22, Hennepin
County, Minnesota," and further described in Attachment t, Page 1 was leased
to the Minneapolis Association for Retarded Citizens by Hennepin County in 195S.
At this time, the leasing arrangement was an informal, verbal agreement negoti-
ated annually between the two bodies that gave a portion of this land and all
of its existing buildings over for annual useage by the Association for the
purpose of operating a combined resident camping/day camping/out
p
o
s
t
c
a
m
p
i
n
g
-
recreational program for retarded children and adults
a
n
d
o
t
h
e
r
d
i
s
a
d
v
a
n
t
a
g
e
d
persons of Hennepin County.
Prior to 1951, the fenced acreage of this property an
d
t
h
e
b
u
i
l
d
i
n
g
s
c
o
n
t
a
i
n
e
d
within (called the Preventorium) was a part of the
C
l
e
n
L
a
k
e
S
t
a
t
e
Sanatorium;
and from then until MARC started its camping operati
o
n
t
h
e
r
e
-
-
-
a
p
e
r
i
o
d
of
seven years---thc buildings and lands were not used for any purpose.
For its first IS seasons, the annual summer camping program lease was secured
only by the year-by-year vcrbal agreement with the County. Durin
g
t
h
i
s
t
i
m
e
,
the Day Camp Building was constructed and the beach, small playgro
u
n
d
,
k
i
t
t
e
n
ball field and half basketball court were developed.
L
a
t
e
r
(
i
n
1
9
7
9
)
t
h
e
s
e
c
o
n
.
:
new building was built.
In 1973, MARC in an attempt to stabilize its program,
P
r
o
t
e
c
t
its investments
and encourage financial support for further developmen
t
,
'
s
o
u
g
h
t
a
l
o
n
g
e
r
t
e
r
m
formal lease arrangement from Hennepin County. A
n
n
r
e
s
u
l
t
,
o
n
A
p
r
i
l
17, 1973.
an agreement was reached between MARC and the County awarding MARC a five year
lease with renewal options (See Conditions 2 & 3, Attachment 1).
Although a much longer-term lease would have better suited MAK's purpose, this I
was agreed upon as it .seemed to be the longest t
e
r
m
l
e
a
s
e
t
h
a
t
t
h
e
C
o
u
n
t
y
c
a
n
enter into because of the law which requires a prop
o
s
e
d
l
e
a
s
e
o
r
s
a
l
e
o
f
t
h
e
County's lands to be "bid out" and awardcd cnly to the successful (highest
responsible) bidder (Sec Para. 2, Attachment 2).
According to recent findings of Jerry Chapman, Assistant County Attorney, the
solution to this problem can be found because the Cou
n
t
y
m
a
y
l
e
a
s
e
o
r
c
o
n
v
e
y
the property for rublic use without calling for bids directly to the City of
Eden Prairie for nominal consideration, without consider
a
t
i
o
n
o
r
f
o
r
s
u
c
h
c
o
n
-
4
sideration as may be agreed upon when so authorized by the County Boar
d
.
...And the City of Fden Prairie may sell, convey, lease or otherwise dispose
of its property as its interests require so long as t
h
e
b
e
s
t
i
n
t
e
r
e
s
t
s
o
f
t
h
e
City are served.
••••••nnn••n••••nn•••••
I;"
Page 2
7.r•.li.n Chief Matter for Consideration by City of Eden Prairie
According to Chapman's interpretation, it seems a legal agreement regarding the
disposition of the land can be struck between the City of Eden Prairie, Hennepin
County and ILARC providing:
,•1) the best interests of the City are served
-and-
(2) all agree that MARC's intended uscase is
for public purpose as stated in H.S.
S447.42 (See Page 2, Attachment t)
It would be to the direct advantage of the 32,000 Hennepin County citizens who are
mentally retarded that a year 'round Community-based Cam7ing/Recreation facility be
built there which has the capacity to accommodate the needs of beth ambulant and non-
ambulant persons who will benefit from on-site program participation.
Currently, non-ambulatory persons cannot participate in the Indian Chief program be-
cause the old buildings and campgrounds present too many barriers for campers to ne-
gotiate alone or with staff assistance. Since over 60% of the total ponulation of
persons who are mentally retarded need architectural considerations for full program•
participation, it is imperative that this area is developed keening the needs of the
semi and non-ambulant ever paramount.
Such a facility would be widely used by a large segment of our community's populatinm
kk..)
(3) the community of Glen Lake is convient-
ly close for.shopping, outings, emer-
gency medical help, etc.
Agency commitment to the development project is strong because it fits perfectly
within MARC's purpose for being which follows: "The Xinneapolis Association for
Retarded Citizens exists to serve retarded citizens and those who contribute to
their welfare. It identifies necessary services that are inadequate or non-existent
and works to assure that thase serves are improved or initiated.
The Association is an advocate organization for mentally retarded citizens to help
them obtain the full range of human, civil and legal rights to which they arc entitled.
It seeks for them the opportunity for dignity and love."
In 1981 MARC developed a long range master plan that narratively and pictorially des-
cribes the project. Contingent upon uorking out a longer term leasing agreement In )
twcen the City of Eden Prairie and MARC, we will in the near future launch a capital
fund drive for camp development.
of mentally retarded children and adults for the following reasons:
the area with its woodlands, wild animals,
plants, marshes and larke gives many of
the 'ape:trances and opportunities of a
wilderness experience
(2) travel to and frOm the site is both cost
and time efficient because of its prox-
imity to the metro area
6.3 /
Page 3
Indian Chief Matter for Consideration by City of Eden Prairie
It is estimated that the total development project will cost 1.2 million dollars.
MARC has, to date, invested over a quarter of a million dollars in the facility; and
feels confident that once the future of the land is secured, other larger donors will
target their charity dollars to the Indian Chief Development Project. '
On March 3, Phil Eckhert (Hennepin County) Carl Jullie, Chris Enger and Bob Lambert
(Eden Prairie), met with representatives from MARC to discuss possible County dis-
position of this land to the City of Eden Prairie --- a total of approximately 80
acres, 20 - 25 of which wou:d be sufficient to MARC's purposes.
At this meeting, City staff agreed to make their recommendations for consideration
by the Council, and to orchestrate meeting(s) between the Council, its staff and
MARC for the purpose of exploring how the City of Eden Prairie's City Guide Plan may
be affected by assuming this property; how its assumption may mutually benefit both
the City and MARC; and whether or not HARC is soon to become one of the City's long-
term tenants.
cc: Phil Eckhert (icnnepin County)
Bob Lambert, Director Community Services (Eden Prairie)
Chris Enger, City Planner (Eden Prairie)
Dick van Sickle (MnRC's Consulting Engineer)
Richard Rothmund, Executive Director (MARC)
Brad Hill, Indian Chief Camp Chair (MARC)
Jeri Stepan, Director Community Services (MARC)
632
147 f/1- 7 i"'-"
J
mEmonANn0M
TO: PHIL ECKRERT, DIRECTOR, OFFICE or PLANNING AND DEVELOPMENT
PROM: JERKY ClIAMAN, ASISTANT COUNTY ATTOUNEYc.
.
,
-
r
l
)(Be GLEN LAhE PROPERTY, C.A. FILE NO. 02-065 -
DATE: MARCH 2, 19b2
In regard to yoUr inquiry as to whether or not
t
h
e
County can give a long-term lease or sell direc
t
l
y
t
o
M
i
n
n
e
a
p
o
l
i
s
Association for Retarded Citizens (MARC) a po
r
t
i
o
n
o
f
t
h
e
l
a
n
d
a
t
the County's Glen Lake facilities, I advise you that the
provisions of M.S. $373.01, Subd. 1, preclude
e
i
t
h
e
r
a
l
e
a
s
e
o
r
sale from Hennepin County directly to MARC.
M.S. $373.01, Subd. 1, is the law which requires a
proposed lease or sale of the County's lands to
b
e
"
b
i
d
o
u
t
"
a
n
d
awarded only to the successful (highest respon
s
i
b
l
e
)
b
i
d
d
e
r
.
Pursuant to M.S. $465.035, Hennepin County may
l
e
a
s
e
o
r
convey the property for public use without calling for bids
directly to the City of Eden Prairie for nominal
c
o
n
s
i
d
e
r
a
t
i
o
n
,
.without consideration or for such consideration
a
s
m
a
y
b
e
a
g
r
e
e
d
upon when so authorized by the County Board.
The City of Eden Prairie may, pursuant to M.S.
$412.211, "sell, convey, lease or otherwise dis
p
o
s
e
o
f
i
t
s
property as its interests require" so long as th
e
b
e
s
t
i
n
t
e
r
e
s
t
s
of the City will be served. The City need not em
p
l
o
y
t
h
e
b
i
d
d
i
n
g
process to do so and could sell directly to MARC. It appears,
however, that the City probably cannot convey the land gratis or
for only nominal consideration but must require a fair and
reabonable consideration from PARC.
It this matter were to be proposed and coordina
t
e
d
.between the County, the City and MARC, and a
s
s
u
m
i
n
g
a
l
l
t
h
r
e
e
entities were to regard it favorably and assumi
n
g
t
h
e
u
l
t
i
m
a
t
e
use of the land to be for a public purpose, the land could be
leased or conveyed by Hennepin County pursuan
t
t
o
M
.
S
.
$
4
6
5
.
0
3
5
to the City of Eden Prairie which could then lease or convey it
directly to MARC.
It seems to the writer that the above procedure may be
legally carried out pursuant to said stitutes. 633
In the event that anyone questioned. the validity of the
transactions by declaratory judgment proceedings or by injunct
i
o
n
proceedings in District Court seeking to void the transaction
s
,
the basis for such proceedings would be to claim that MARC's
intended use of the land ls not for a public purpose. 1 am not
Aware of any case directly in point in that regard. In this
connection, M.S. S447.42 allows any city or nonprofit corpora
t
i
o
n
approved by the State Commissioner of Welfare to " • * *
establish and operate a community residential facility for
mentally retarded and cerebral palsied persons". It seems to
t
h
e
writer that such statutory authorization would confirm that s
u
c
h
usage is, in fact, for a public purpose.
.7FC:cak
••
MEMO
TO: Mayor and City Council
THROUGH: Carl Jullie, City Manager
FROM:" Eugene A. Dietz, Director of Public Works
DATE: April 15, 1982
RE: CSAH 1/CSAH 18 INTERSECTION IMPROVEMENTS
This improvement project is being constructed by Hennepin County. As you
recognize, the improvements are long overdue. With the exception of
approximately 25% of the signalization cost, Hennepin County will be
funding the project costs.
At one point, it was discussed that the project should be extended to
the west to eliminate the severe curve on CSAH 1. However, the development
on the north side of CSAH 1 has not progressed to the point that final
decisions on the project can be made. Therefore, this limited project
Is being proposed.
I have asked the County how this will fit into the proposed CSAH 18
improvement from 1-494 to the Minnesota River. At this time, they are
not sure that these improvements will be completely compatible, but they
feel the timing and safety improvements are well worth the expenditure
at this time regardless of future compatibility. Although there may be
some duplication of costs, I agree with the County's opinion on this
matter and therefore recommend passage of the resolution which would
enable the project to proceed.
EAD:sg
April 20, 1982
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R82-77
CSAH 1/CSAH 18 FINAL PLAN APPROVAL
WHEREAS, the County Engineer for Hennepin County has prepared plan
s
,
special provisions and specifications for the improvement of CSA
H
L
a
n
d
C
S
A
H
1
8
Intersection partially within the corporate limits of the City of
E
d
e
n
P
r
a
i
r
i
e
.
NOW, THEN,' BE IT RESOLVED that said plans and special provisions
for the improvement of said County State Aid Highways within said
c
o
r
p
o
r
a
t
e
limits of the City, be and hereby are approved including the ele
v
a
t
i
o
n
s
o
f
grades as shown and consent is given to any and all changes in g
r
a
d
e
o
c
c
a
s
i
o
n
e
d
by said construction.
ADOPTED by the Eden Prairie City Council on April 20, 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
MEMO
TO:
THROUGH:
FROM:
DATE:
RE:
Mayor and City Council
Carl Jullie, City Manager
Eugene A. Dietz, Director of Public Works
April 15, 1982
Plan Bulldozer
The attached Resolution regarding Plan Bulldozer deals with disaster relief
situations. The Resolution would authorize the Mayor and/or City Manager to
execute a contract with Associated General Contractors of Minnesota during
a disaster or an emergency situation.
Plan Bulldozer is essentially an organization of Minnesota Contractors which
agree to provide their services during emergency situations at cost. A more
detailed listing of what payments the contractor would receive are listed on
the disaster relief contract form which is attached. Execution of this
Resolution will allow a more expedient method of engaging a contractor during
an emergency situation. Additionally, the cost to the City would be reduced
and would hopefully eliminate anyone receiving a profit for someone else's
grief. The kinds of disasters would be limited to floods, wind storms, snow
storms, explosion, fire, earthquake, war, etc. Execution of the contract
form by either the City Manager or Mayor would be at their discretion if
they felt that life and/or property were endangered by the delay due to calling
a special Council meeting.
I am sure there are some details of this arrangement that could cause some
minor problems for the City. However, the concept is in everyone's best
interest and would provide a slightly more flexible approach to emergency
situations. Therefore, I recommend the Resolution be adopted authorizing
the Mayor and/or City Manager to execute a disaster relief contract.
EAD:sg
G'11
April 20, 1982
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R82-76
RESOLUTION AUTHORIZING AND DIRECTING MAYOR AND/OR
MANAGER TO EXECUTE "PLAN BULLDOZER" DISASTER RELIEF
CONTRACT WITH ASSOCIATED GENERAL CONTRACTORS OF MINN.
WHEREAS, the City Council has reviewed Plan Bulldozer; and
WHEREAS, there is provided a contract form in the Plan Bulldozer
brochure; and
WHEREAS, the City Council of the City of Eden Prairie is in
accord with the purpose of Plan Bulldozer.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and/or City Manager
on behalf of the City of Eden Prairie be authorized
and directed to execute the Disaster Relief contract,
a copy of which is attached, at any such time as any
emergency or disaster occurs.
ADOPTED by the Eden Prairie City Council on April 20, 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
SEAL
John D. Frane, Clerk
•
6'n
Associated General Contractors of Minnesota
( KELLOGG SQUARE, 111 East Kellogg Boulevard, Saint Paul, Minn aaaaa 55101 • (612) 291.1102
William H. Gary, Mgr.
ORGANIZED IN 1919 • Affiliated with Associated General Contractors of America, Inc., Washington, D.C.
March 22, 1982
TO: MINNESOTA MAYORS
SUBJECT: PLAN BULLDOZER - A Plan For Disaster Preparedness
-
Dear Mayor:
In 1957 the Associated General Contractors of America (AGC) instituted
Plan Bulldozer to help protect property in the event of disaster. Shortly
thereafter the AGC 3f Minnesota formulated a statewide Plan Bulldozer later
made famous by the ravaging Mississippi River floods in 1965. Plan Bulldozer
is a vital part of Minnesota's disaster preparedness program. The plan is
reviewed and updated periodically to ensure its effectiveness. It covers
floods, windstorms, snowstorms, explosion, fire, earthquake, war, and any
other major disaster which may occur.
In talking to many mayors we have learned that not all are aware of the
details of this important AGC service program. For that reason we are sending
you a copy of Plan Bulldozer. We ask that you take just a very few minutes
to review the Plan then file it where it will be readily accessible to you in
the event of disaster. We are not carrying signs that say "The End Is Near".
What we are doing is demonstrating the enormous strength and capability of the
AGC of Minnesota to handle whatever challenges that may develop.
When disaster strikes there is little time to get organized and to think
through potential problems. For that reason we are advising you of our pro-
gram now. We have enclosed a draft resolution you may initiate allowing you
to implement Plan Bulldozer immediately in time of disaster. Also in the
package is a Disaster Relief Contract Form to be completed when a disaster
occurs. This contract provides for work to be done at cost. All this prep-
aration should help you as the chief city official maintain the control re-
quired of your key post.
If you have any questions with regard to Plan Bulldozer, please contact
Bill Gary or Randy Finholt at the ACC.
Constructively yours,
William H. Cary
Manager
WNC:pal
05
By
Title
Date
By
Title
Date
6 70
ASSOCIATED GENERAL CONTRACTORS OF MINNESOTA
DISASTER RELIEF CONTRACT FORM
Date
In consideration of the occurrence of a disaster requir
i
n
g
i
m
m
e
d
i
a
t
e
u
s
e
o
f
c
o
n
s
t
r
u
c
t
i
o
n
e
q
u
i
p
m
e
n
t
a
n
d
s
k
i
l
l
s
f
o
r
disaster relief work in the area where such work is bei
n
g
d
i
r
e
c
t
e
d
b
y
t
h
e
A
C
C
o
f
M
i
n
n
e
s
o
t
a
A
r
e
a
D
i
s
a
s
t
e
r
R
e
l
i
e
f
Coordinator as authaized by
hereinafter called the
"AUTHORITY", the
IMAM NAME)
of
(ADDRESS,
hereinafter called the "CONTRACTOR", offers its servic
e
s
t
o
t
h
e
"
A
U
T
H
O
R
I
T
Y
"
a
s
f
o
l
l
o
w
s
:
1. The Contractor will, within the limits of his currently
a
v
a
i
l
a
b
l
e
e
q
u
i
p
m
e
n
t
,
p
e
r
f
o
r
m
a
n
d
s
u
p
e
r
v
i
s
e
a
n
y
w
o
r
k
directed to be accomplished by the AGC of Minnesota
A
r
e
a
D
i
s
a
s
t
e
r
R
e
l
i
e
f
C
o
o
r
d
i
n
a
t
o
r
i
n
t
h
e
n
a
m
e
o
f
t
h
e
Authority, its agents or authorized employees, rapidly
a
n
d
i
n
t
h
e
m
o
s
t
w
o
r
k
m
a
n
l
i
k
e
m
a
n
n
e
r
p
o
s
s
i
b
l
e
u
n
d
e
r
the operating conditions.
2. This work will be done at cost, which will include, b
u
t
n
o
t
b
e
l
i
m
i
t
e
d
t
o
:
a) Wages of operating and supervisory personnel.
b) Payment for move-in, move-out.
c) Equipment operating time at the rates listed in the AGC
E
q
u
i
p
m
e
n
t
O
w
n
e
r
s
h
i
p
E
x
p
e
n
s
e
M
a
n
u
a
l
.
d) Equipment stand-by time at 70% of the rates listed in the
A
G
C
E
q
u
i
p
m
e
n
t
O
w
n
e
r
s
h
i
p
E
x
p
e
n
s
e
M
a
n
u
a
l
.
e) Regular overtime rates for the appropriate area of th
e
S
t
z
t
e
o
f
M
i
n
n
e
s
o
t
a
,
a
s
d
e
f
i
n
e
d
i
n
t
h
e
A
G
C
o
f
Minnesota Highway & Heavy Construction Labor A
g
r
e
e
m
e
n
t
s
,
s
h
a
l
l
b
e
p
a
i
d
s
h
o
u
l
d
l
o
n
g
e
r
h
o
u
r
s
,
o
r
round-the-clock operations be required.
. f) Fuel, lubricants, materials, small tools, and supplies
(
a
t
c
o
s
t
—
l
e
s
s
s
a
l
v
a
g
e
v
a
l
u
e
)
.
g) Freight and transportation costs.
h) Payroll taxes, sales taxes and insurance, including 'N.C.,
P
.
C
.
.
a
n
d
P
.
D
.
3. This cost does not include a performance bond, over
h
e
a
d
o
r
p
r
o
f
i
t
f
o
r
t
h
e
C
o
n
t
r
a
c
t
o
r
.
4, Payment will be made for time spent for greasing, oili
n
g
,
r
e
p
a
i
r
,
m
a
i
n
t
e
n
a
n
c
e
o
f
e
q
u
i
p
m
e
n
t
a
t
t
h
e
r
a
t
e
o
f
o
n
e
hour for every seven hours of actual operation, based
o
n
t
h
e
r
a
t
e
s
l
i
s
t
e
d
i
n
t
h
e
A
G
C
E
q
u
i
p
m
e
n
t
O
w
n
e
r
s
h
i
p
Expense Manual.
5. Contractor will bill the Authority (monthly) (weekly). Billings will be fully supported
by vouchers. Authority will reimburse Contractor with
i
n
days after receipt of billing.
6. Contractor will cease work, and withdraw its forces a
n
d
e
q
u
i
p
m
e
n
t
f
r
o
m
w
i
t
h
i
n
t
h
e
d
i
s
a
s
t
e
r
a
r
e
a
u
p
o
n
direction of the AGC of Minnesota Area Disaster Relief
C
o
o
r
d
i
n
a
t
o
r
u
p
o
n
s
u
c
h
r
e
q
u
e
s
t
b
y
t
h
e
A
u
t
h
o
r
i
t
y
.
7. Contractor represents that it is registered with the AGC
o
f
M
i
n
n
e
s
o
t
a
,
a
n
d
i
s
q
u
a
l
i
f
i
e
d
t
o
p
e
r
f
o
r
m
d
i
s
a
s
t
e
r
relief work—and carries necessary insurance coverag
e
s
a
n
d
w
i
l
l
o
b
s
e
r
v
e
m
a
x
i
m
u
m
s
a
f
e
t
y
p
r
e
c
a
u
t
i
o
n
s
i
n
a
l
l
o
f
its operations. P.L. and P.D. insurance will not be applica
b
l
e
t
o
d
a
m
a
g
e
r
e
s
u
l
t
i
n
g
f
r
o
m
e
n
e
m
y
a
t
t
a
c
k
.
ACCEPTED / CONTRACTOR
AUTHORITY
PLAN BULLDOZER—CONTRACTOR REQUIREMENTS FOR PARTICIPATION
PERSONNEL
Personnel required are those who will serve within your own organization to operate,
service, supply and direct the operation of the machines and men involved in disaster relief
work under the direction of Public Authority. These are persons who normally work for
you.
You will arrange a scheme to alert them when your organization is called upon.
You will be responsible for their pay on whatever basis you or your bargaining agent have
agreed to, in advance, for disaster relief operations.
Reimburs;:ment for such wages, overhead, and other costs are discussed under
"Reimbursement."
In addition, yOu are requested to furnish one person generally familiar with the various
types, capabilities and limitations of construction machinery to the AGC Disaster Staff for
general staff work.
This Staff must be prepared to function 24 hours a day, 7 days a week, operate in two
locations simultaneously and survive without decreased efficiency the losses incident to the
disaster itself and incident to temporary absence from the community of some portions of
its members at any given time. This person should function as your liaison with the AGC
Disaster Staff of which he will be a member.
It is suggested you consider furnishing your personnel with some or all of the following
equipment as necessary. Any non-expendable equipment should be clearly marked with
your company name:
Safety Belt
Gloves
Raincoat
Rubber Safety Boots
Hard Hat with Liner Water Purification Tablets
Canteen
Life Jacket
Smelling Salts
Flashlight
Smoke Mask
INSURANCE
Because of the emergency character of disaster relief work and the demand for immediate
action when a disaster strikes, there is no time available prior to starting such work to
arrange insurance coverage on the location, hazards or liabilities that may arise. Further-
more, the character of the operations may create unusual hazards and liabilities.
These situations have been analyzed and the following recommendations made for your
consideration:
While every state has a compulsory Workmen's Compensation Law, your present Workmen's
Compensation Policy may cover you only in states where you customarily work. In order to
6X/
10
•
DIP
deke
carrell
lates, inc.
arc decls
engineers
planners
landscape architects
land surveyors
laboratory services
April 12, 1982
Mr. Eugene A. Dietz, P.E.
Director of Public Works
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55343
RE: REROUTING OF VALLEY VIEW ROAD AT TOPVIEW ACRES
VALLEY VIEW ROAD/SCHOONER BOULEVARD
I.C. 51-340A RCM 801033-3
Dear Gene:
At your request we have studied three alternate reroutin
g
s
f
o
r
County Road 60 (presently known as Valley View Road) in
t
h
e
vicinity of Topview Acres. This is a result of your rec
e
i
p
t
of petitions from the residents of Topview Acres object
i
n
g
t
o
the termination of existing Valley View Road as it cont
i
n
u
e
s
to the east towards 1-494. What the proposed rerouting
w
o
u
l
d
accomplish would be to provide the residents north of t
h
e
proposed rerouting of Valley View Road a more direct co
n
n
e
c
t
i
o
n
to a main east-west collector road as well as better ac
c
e
s
s
t
o
the area for city police and fire service.
The proposed rerouting would require the purchase of la
n
d
,
considerable grading and the installation of curb and g
u
t
t
e
r
and paving and storm sewer work.
Alternate No. 1, shown on Figure 1, would provide for a
n
o
r
t
h
-
south connection between existing County Road 60 and th
e
p
r
o
p
o
s
e
d
routing of Valley View Road. The connection from Count
y
R
o
a
d
6
0
would be made approximately 700 feet to the west of Top
v
i
e
w
R
o
a
d
.
From this point the rerouted County Road 60 would trav
e
l
s
o
u
t
h
along the easterly section line of Section 10 approxim
a
t
e
l
y
1200 feet to its intersection with the proposed routin
g
o
f
t
h
e
new Valley View Road.
While this should be considered as one alternate, ther
e
a
r
e
i
n
actuality two alternates in that two centerline profil
e
s
w
e
r
e
studied. Alternate No. IA was limited to a maximum ce
n
t
e
r
l
i
n
e
grade of 7.50% in accordance with City of Eden Prairie
d
e
s
i
g
n
criteria, while Alternate No. 18 exceeds this criteria
w
i
t
h
a
maximum centerline grade of 9.95%. What this did was
t
o
i
n
c
r
e
a
s
e
the amount of excavated material and to decrease the a
m
o
u
n
t
o
f
off-site borrow material required to build the roadway
.
1011 lirst street south
post dice box 130
hoptens, rninnesota 55343
612-935.6901
Mr. Eugene A. Dietz, P.E.
April 12, 1982
Page 2
The advantages of this connection would be that a large area of Eden
Prairie north of the proposed route of Valley View Road would be offered
an access to a major east-west road and several large parcels of land
would have access from other than Valley View Road as proposed. The
disadvantages to this route are the centerline grades, the amount of
filling required and the possibility of some questionable soils in the
area of the southerly 400 to 500 feet. Further soils investigations would
be required to determine the extent of the unsuitable material.
The estimated costs for this particular routing are as follows:
Alternate No. lA - $188,300, with these major items:
1.55 acres of land purchase.
1,170 feet of roadway w/curb and gutter.
800 feet of storm sewer.
20,700 cubic yards off-site borrow material.
Alternate No. 1B - $145,000, with these major items:
1.55 acres of land purchase.
1,170 feet of roadway w/curb and gutter.
800 feet of storm sewer.
8,300 cubic yards off-site borrow material.
Alternate No. 2, which is shown on Figure II, would be the rerouting of
County Road 60 south of its existing alignment. The rerouting would begin
approximately 450 feet west of Topview Drive and continue in a southeasterly
direction for approximately 815 feet until it intersects with the proposed
alignment of the new Valley View Road. This intersection would be at a
point some 1,100 feet west of 1-494. Also required with the realignment of
County Road 60 would be a 200 foot extension of Topview Drive.
The advantages of this routing are that it does provide a more direct access
to a major east-west thoroughfare and reduces the number of affected property
owners. However, the disadvantages to this route are definitely of importance.
The proposed routing takes it over an area that requires 250 feet of the road-
way to be placed on 30 feet or more of fill which is not available on site
to bring the existing ground line up to a grade that would be acceptable. In
addition, the maximum centerline grade to provide this connection does exceed
the recommended 7.5% but only by 0.5% at 8.0%.
•The estimated cost for Alternate No. 2 is $296,000 with the following being
the major cost items:
Mr. Eugene A. Dietz, P.E.
April 12, 1982
Page 3
1.25 acres of land acquisition.
1,080 feet of roadway.
500 feet of storm sewer.
56,000 cubic yards of off-site borrow material.
Alternate No. 3, as shown on Figure III, is an extension of Topview Drive
to the south. This 500 foot extension would intersect the new routing of
Valley View Road at the same location as Alternate No. 2. Also required
would be the vertical adjustment of 300 feet of County Road 60.
The centerline grades required to make this connection do exceed the 7.50%
recommended by the City of Eden Prairie but only by 0.42% at 7.92%. This
also will provide for a landing for traffic arriving at Valley View Road.
This routing has the advantage of providing a direct connection with a
minimal amount of land acquisition and with considerably less off-site borrow
material being required to prepare the roadway subgrade. The only dis-
advantage to this route is that it does exceed the recommended city standards
for roadway grades, but since this is by less than 0.5% it could be tolerated
for such a short section of roadway.
The cost estimate for this alternate is $71,200 which .includes the following
items:
0.6 acres of land acquisition.
• 415 feet of new roadway.
360 feet of roadway reconstruction.
100 feet of storm sewer.
5,200 cubic yards of off-site borrow.
In conclusion, it is our opinion that Alterante No. 3 be recommended as the
connection to Valley View Road. It is the most cost effective and least
disruptive of the alternates and, while the centerline grade does slightly
exceed the recommended maximum, the construction is feasible and would be in
the best advantage of the City of Eden Prairie. We therefore recommend that
the City of Eden Prairie accept this alternate and proceed with the project.
Very truly yours,
Duane D. Cramer
RIEKE CARROLL MULLER ASSOCIATES, INC.
DDC:ca
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CAMERA OPERATOR'S CERTIFICATE
I hereby certify that the microphotographs appearing on this roll of film are true,
accurate, aad complete copies of the original records described below.
Reproductions intended to serve as permanent records comply with standards
established by the Minnesota Historical Society.
AGENCY OF ORIGIN:
CITY OF EDEN PRAIRIE
RECORD SERIES: COUNCIL PACKETS
INCLUSIVE DATES/NOS: JANUARY 1977 - 1991
ROLL 7
BEGINS WITH: MAY 1981
ENDS WITH: APRIL 1982
Lik ea;1?
CAIVI"ERA 'Orl;DRA'
CM'
CONCEPT MICRO IMAGING MINNETONKA. MN
PRODUCING LABORATORY CITY/STATE
2/3/94
DATE