HomeMy WebLinkAboutCity Council - 07/20/1982 CITY COUNCIL AGENDA
TUESDAY, JULY 20, 1982 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, George Bentley,
Dean Edstrom, Paul Redpath and George
! Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney
Roger Pauly; Finance Director John Frane;
Assistant to the Planner Jean Johnson;
Director of Community Services Bob
Lambert; Director of Public Works Eugene
A. Dietz, and Recording Secretary
Karen Michael
INVOCATION: Councilman Paul Redpath
PLEDGE OF ALLEGIANCE
ROLL CALL
. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS -
II. MINUTES
A. pecial City Council Meeting held Tuesday, June 29, 1982 Page 1348
E. Regular City Council Meeting hold Tuesday, July rage 6, 1982 9e1349
'rlly CONSENT CAl_FNDAR
A. Approve plans and specifications for revised Mitchell Lake Estates Page 1362
2nd Audition lnnrwrir nts, I.C. 52-030, ands t bid,gpening date
for 10:00 AM, August 3 1982 (Resolution N $2-1821}
B. final plat approvalfor Lee Data Corporation (Resolution No:,82-189) Page 1363
C. Final plat approval for Bryant Lake Center 2nd Addition (Resolution Page 1366
No. r18,) ——
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D. Change IIrder No. 1 for Westwood Industrial Park, I.C. 52-015 Page 1369
E. Change Order No. I, Well Collector line prgject, I.C. 51-354 Page 1371
F. MIS PUD Developer's Agreement Page 1375
G. Award bid for County Road 1 Bike Trail Page 1386
H. Clerks License List Page 138i
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IV. PUBLIC HEARINGS
A. BAYPOINT MANOR APARTMENTS (revised) by G & D Enterprises. Request Page 1025 , ,
to rezone 6.3 acres from Rural to RM 2.5 to construct a 4-story
building with 157 apartrcnt units and from Rural to R1-22 for
approximately 2 acres for existing single family structure and preliminary
piat. approval. The property is part of The Preserve PUD 70.04 and may
include urantirq of variances. Located south of Preserve,Cor..munity
Center Barn Ind nor;,lt-of Neill Lake (Resolution No./62:71'7 UD V
Dev. Drdin�r ce No. '82-T5 - rezohin9; and Resolutioh,467 f3�1.-13 -
prel. plat) Coi tin,:C�e run July 6, 1082. `
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City Council Agenda -:'2 - Tues.,July 20, 1982
B. TAX INCREMENT FINANCING DISTRICT FOR EDENVALE APARTMENTS (Resolution Page 1300 &
No. 82-174 Continued from July 6, 1982 1387A
C. CHAPTER 11kZONING) OF CODIFICATION (Ordinance No. 82-18) Continued Page 1310 &
from July 6, 1982 1388
D. EDENVALE 15TH ADDITION y Equitable Life Assurance Society of the Page 1389
United States. Request for development stage of the Edenvale PUD
70-04, rezone 17 acres from Rural to RM 6.5, preliminary platting of
approximately 106 townhouses, and possible variances from the RM 6.5
District. Located north of Edenvale Blvd., east of Edenvale 11 and
14 Additions. (Resolution No. 82-176 - PUD Dev.; Ordinance No. 82-19 -
rezoning; and Resolution No. 82-177 - preliminary plat)
V. PAYMENT OF CLAIMS NOS. 2715 - 2953 `i Page 1403
VI. REPORTS OF ADVISORY COMMISSIONS
VII. ORDINANCES & RESOLUTIONS
A. Preliminary_approval far Housing Revenue Bonds in the amount of Page 1319
-.0004OO.t10 for G & D EnteCarises Csaypoint Manor Apartments) and
authorizing a Public Hiearinjon a Housing Proczam for the City of
Eden Prairie Resolution No. 82-170) Continued from July 6, 1982
B. Resolution No. 82-175, Supporting Landfill C;spesal Abatement Page 1408
I. PETIT1tNS, REBUESTS & COMMUNICATIONS
A. Request South Hennepin Human Services Council for funds Page 1409
B. MTS Sy_stems Corporation Plat by MTS Systems Corporation. Request for Page 1410
Development Phase approval of PUB 80-40-PUB, including preliminary
plat approval of 159 acres into 3 lots and road right-of-way and
approval of an Environmental Assessment Worksheet. Located south of
TH 5 and east of Mitchell Road. (Resolution No. 82-178 - preliminary
plat, and Resolution No. 82-179 - EAW)
C. BOUTEN DENTAL LAB by Robert C. 6outen. Request to extend the time Page 1454
limit to operate a dental lab. as an interim land use in a Rural
District. Located at 8460 Franlo Road.
D. Administrative split of Lot 5, Block 2, Eden Heights Addition Page 1468
TA6401 Hilltop Road)
E. RegJest from Richard W. Anderson, Inc. to lower berm between Shady Page 1470
Oak 5th Addition and Lee Data Corporation
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
1. Agreement for Financial Consultant Services Page 1473
2. Approval of Addendum No. 1 to Eden Prairie/Richfield Dispatching Page 1474
Agreement and appointment of ex-officio member to the Management
C-o—i—ttre
City Council Agenda - 3 - Tues.,July 20, 1982
3. Receipt of 1981 Audit Report
C. Report of City Attorney
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D. Report of Director of Public Works
1. Award contract for West 76th Street Improvements, I.C. 52-031 Page 1475
(Resolution No. 82-183)
2. Discussion of T.H. 212 Corridor Alignment
3. Cooperative Agreement with Hennepin County for construction of Page 1476
Valley View Road west of CSAH 18, I.C. 51-335 (Resolution No.
82-184)
X. NEW BUSINESS
XI. ADJOURNMENT. /
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{ UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 29, 1982 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Planning Director Chris Enger, Codifiers
Rodger Jensen and Lorraine O'Rjlley
ROLL CALL: All members were present
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Penzel requested to add a discussion item under "New 8usiness" regarding the
Schooner Boulevard street name change.
MOTION: Redpath moved, seconded by 8entley, to approve the Agenda as amended
and published. Motion carried unanimously.
II. AWARD BIDS FOR CITY SERVICES (Resolution No. 82-151)
MOTION: Redpath moved, seconded by Bentley, to approve Resolution No. 82-151,
awarding the bid for City Services to Arkay Construction Company as per the
City Manager's memo of June 29, 1982. Roll call vote: Bentley, Edstrom Red-
path, Tangen and Penzel voted "aye." Motion carried unanimously.
III. APPROVE PLANS AND SPECIFICATIONS FOR WEST 76th STREET IMPROVEMENTS (Resolution
No. 827152)
MOTION: Redpath moved, seconded by 8entley, to approve Resolution No, 82-150,
approving plans and specifications and ordering advertisements for bids for
West 76th Street improvements. Motion carried unanimously.
IV. "NO PARKING" RESTRICTIONS FOR MCA ROADWAYS (Resolution No. 82-152)
MOTION: Bentley moved, seconded by Tangen, to approve Resolution No. 82-152,
relating to parking restrictions. Motion carried unanimously,
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City Council Minutes -2- June 29, 1982
V. 2nd READING OF ORDINANCE NO. 82-15, REZONING OF APPROXIMATELY 20 ACRES FROM
RM 2.5 TO I-5, APPROVAL OF DEVELOPER'S AGREEMENT, AND ADOPTION OF RESOLUTION
NO. 82-132, APPROVING THE PRELIMINARY PLAT FOR LEE DATA BY RAUENHORST CORPOR-
ATION
Representatives from Rauenhorst Corporation were present and reviewed changes
in their development plans and answered questions from Council members. The
developers requested that the Developer's Agreement be amended to provide that
the southerly extension of Flying Cloud Drive be required only at such time that
a connection through to Valley View Road is available. The developers agreed
that the proposed ball field and tennis courts would be constructed as part of
Phase I. Also, fire lanes will be reviewed in conjunction with building permit
review. Council members also inquired about trails, landscaping and lighting.
Planning Director Enger indicated that the existing berm on the easterly side
of the site could be lowered without substantial negative impact.
MOTION: Redpath moved, seconded by Bentley, to give 2nd Reading to Ordinance
No. 82-15, rezoning of approximately 20 acres from RM 2.5 to I-5. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 82-132,
approving the preliminary plat for Lee Data. Motion carried unanimously.
MOTION: Redpath moved, seconded by Bentley, to approve the Developer's Agreement.
Motion carried unanimously.
VI. CODIFICATION - POST DRAFT CONFERENCE (CHAPTER 11)
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The Council reviewed the latest draft of Chapter 11 (Zoning) of the City Code
and directed the Staff to make appropriate changes.
VII. NEW BUSINESS
City Attorney Pauly reported to the Council regarding proposed arbitration with
Northdale Construction Company due to an alleged error on their bid for the
southwest segment of the Schooner Boulevard project.
Penzel discussed concerns expressed to him from local businesses regarding the
"Schooner Boulevard" name change. Redpath indicated that he will meet with Post
Office officials in an attempt to address the concerns about forwarding mail to
the new addresses.
VIII. ADJOURNMENT
The meeting was adjourned by unanimous consent at 12:15 a.m.
>>>�'� a,
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JULY 6, 1982 7:30 PM, CITY HALL
COUNCIL.MEMBERS: Mayor Wolfgang H. Penzel, George Bentley, Dean
Edstrom, Paul Redpath and George Tangen
COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger
Pauly, Finance Director John D. Frane, Planning
Director Chris Enger, Director of Community Ser-
vices Bob Lambert, Director of Public Works
Eugene A. Dietz, Director of Public Safety Jack
Hacking, and Recording Secretary Karen Michael
INVOCATION: Councilman George Bentley
PLEDGE OF ALLEGIANCE
ROLL CALL: Councilman Paul Redpath was absent,
I. PRESENTATION OF CHECK IN THE AMOUNT OF $2,000.00 BY DON OPIIEIM, PAST PRESIDENT
OF EDEN PRAIRI ROTARY, AS FINAL PAYMENT FOR THE SENIOR CITIZEN VAN
ti Don Opheim. Past. President of Eden Prairie Rotary, presented a check in the amount
of $2,000.00 as final payment for the Senior Citizen Van. Mayor Penzel accepted
the check on behalf of the City.
MOTION: Tangen moved, seconded by Bentley, to thank the Rotary on behalf of the
citizens of Eden Prairie for their gift. Motion carried unanimously.
II. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Item IX C. I. Request from residents in Hidden Ponds regarding chemically treatigg
• pond and item IX. C. 3. Fairview Southdale Hospital Proposed Donation were moved
to the Consent Calendar as items I. and J.
Item IX. E. 1. Clerk's License List was moved to immediately follow IV. Public
Hearings.
The following item was added to the Agenda under X. NEW BUSINESS A. Discussion on
PCA Draft Permit Amendment.
MOTION: Bentley moved, seconded by Penzel, to approve the Agenda and other items
of business as amended and published. Motion carried unanimously.
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City Council Minutes -2- July 6, 1982
III. MINUTES
A. Regular City Council Meeting held Tuesday, June 1, 1982
Page 4, VIII. A. add the following between the two "Motion" paragraphs:
"Penzel suggested the Council waive the one year reapplication requirement,
assuming there will be another proposal for this property. City Attorney Pauly
. said it might be easier if the proponent were to withdraw his application.
Goetzman said he would withdraw his rezoning request."
MOTION: Bentley moved, seconded by Tangen, to approve the minutes of the
City Council Meeting held Tuesday, June 1, 1982, as amended and published.
Motion carried unanimously.
B. Regular City Council Meeting held Tuesday, June 15, 1982
MOTION: Tangen moved, seconded by Bentley, to approve the minutes of the
City Council Meeting held Tuesday, June 15, 1982, as published. Motion
carried with Edstrom abstaining.
IV. CONSENT CALENDAR
A. 2nd Reading of Ordinance No. 82-09, rezoning Lorence Addition from Rural
to R1-13.5 and RM 6.5 for forty-seven (47) siL le family and fifty-six (56)
attached units and approval of Developer's Agreement. Located northwest o
Round Lake.
B. Final plat approval for Deer Creek (Resolution No. 82-153)
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C. Final plat approval for Lorence 1st Addition (Resolution No. 82-154)
D. Final plat approval for Lorence 2nd Addition (Resolution No. 82-155)
E. Approve plans and specifications for drainage improvements in the vicinity
of West 69th Street and Washington Avenue, and set bid opening date for
July 29, 1982 at 1D:00 a.m., I.C. 52-004 (Resolution No. 82-156)
F. 2nd Reading of Ordinance No. 82-13, amending Park Use Ordinance regulating
vendors
G. Resolution_ No. 82-172, final approval for Municipal Industrial Development
Bonds in the amount of52,550,000.OD for Twin City Christian Homes
H. Resolution No. 82-173, approving 1981 Overhead Transfers to the General Fund
I. Request from residents in Hidden Ponds regarding chemically treating pond
"formerly IX. C. 1.T
J. Fairview Southdale Hospital Proposed Donation (formerly IX. C. 3.)
MOTION: Tangen moved, seconded by Bentley, to approve items A - J on the
Consent Calendar. Motion carried unanimously.
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City Council Minutes -3- July 6, 1982
V. PUBLIC HEARINGS
A. BAYPOINT MANOR APARTMENTS Lrevisedj b,_G & D Enterprises.. Request to
rezone 6.3 acres from Rural to RM 2.5 and preliminary plat approval to
construct a 4-story building with 152 apartment units. The property is
part of The Preserve PUD 70-04 and may include granting of variances.
Located south of Preserve Community Center Barn and north of Neill Lake
(Resolution No. 82-129 - PUD Development; Ordinance No. 82-14 - rezoning;
and Resolution No. 82-13D - preliminary plat) - continued from 6/15/82
Richard Smith, developer for the proposal, asked to have the matter continued
to the July 20, 1982, meeting so a full Council might be present.
MOTION: Bentley moved, seconded by Tangen, to continue the Public Hearing
on Baypoint Manor Apartments (revised) by G & D Enterprises to July 20,
1982, at the request of the developer. Motion carried unanimously.
B. GUSTAFSON REZONING by Paul R. Gustafson. Request to rezone .385 acres
from Rural to R1-13.5 for construction of one (1) single family home.
Located across from 9635 & 9629 Bennett Place (Ordinance No. 82-17)
Planning Director Enger noted the Planning Commission had reviewed this
request at its June 14, 1982, meeting at which time it had recommended
approval (unanimously).
Director of Community Services Lambert said this had not been reviewed
by the Parks, Recreation S Natural Resources Commission.
MOTION: Edstrom moved, seconded by Bentley, to close the Public Hearing
and to give 1st Reading to Ordinance 82-17, rezoning from Rural to R1-135.
.335 acres. Motion carried unanimously.
C. EDENVALE 9th ADDITION by_Equitable Life Assurance Society. Request for
Guide Plan Amendment to change approximately thirty-six (36) acres from
Regional-Commercial to Industrial. Located north of TH 5 and west of pro-
posed Schooner Boulevard. (Resolution No. 82-162)
Dick Krier, Westwood Planning and Engineering, addressed the proposal and
answered questions.
Planning Director Enger stated this request had been before the Planning
Commission at its May 19, 1982, meeting at which time the Commission voted
(5-0-1) to recommend approval of the comprehensive Guide Plan change inclu-
ding preliminary platting.
Director of Community Services Lambert said the Parks, Recreation & Natural
Resources Commission has not yet reviewed the proposal due to scheduling
problems with the representatives of the developer. The Parks, Recreation
& Natural Resources Commission expects to review this at its next meeting.
Lambert did note Staff concerns relative to the trail system easement along
the Creek and the sidewalk connection from the inner loop road to the south-
west in the vicinity of the restaurants.
City Council Minutes -4- July 6, 1982
Krier noted the reason he had not appeared before the Parks, Recreation
& Natural Resources Commission was because the proposal is simply for a
land use change at this point. Since there are no specifics he felt it
was unnecessary to make a full presentation to all Commissions. Krier
outlined the proposed type of office/industrial use proposed for the site
and cited locations within the Twin Cities area which are similar to what
might be built here.
Penzel asked what is proposed for the area north of this. Krier said
it is shown as regional-commercial. K. Schumacher, Edenvale, said there
is also some residential. Enger said there is medium density residential
in that area.
Bentley questioned the development of additional industrial and office/ware-
house uses in the Major Center Area. Enger said this might be comparable to
the MTS Industrial Campus to the south. He also noted the marketability of
this type of space. The magnitude of the request has a lot to do with the
decision to be made. Bentley said he was concerned with whether or not indus-
trial or office/warehouse uses are appropriate at all within the Major Center
Area; will this set a precedent. Enger said this should be a concern and
should not set a precedent. The MTS parcel is all industrial and has 160
acres while this property has 100 acres.
There was discussion on what might be developed on adjacent properties.
Tangen expressed a desire to have the terracing which was shown on the
illustrations to be a definite feature of the completed project. Krier
{ said it would be.
Krier said it is his feeling that the industrial/office use does not have
to be as intensive as some people think it is. He is aware that there must
be good design control and is willing to work with the Planning Commission
and Staff to see that this comes about. Before this can happen however,
he would like to find out if the Council agrees that this would be an appro-
priate land use.
There were no questions or comments from the audience.
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MOTION: Tangen moved, seconded by Bentley, to close the Public Hearing
and to adopt Resolution No. 82-162, approving the comprehensive Guide Plan
Change of Edenvale 9th Addition.
Tangen said he had reservations regarding the PUD but could go along with the
proposed land use at this time.
Bentley said he felt the question of office/warehouse land use would not change
the overall usage in the Major Center Area. He said the City should work towaru
some sort of development plan for the Major Center Area.
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City Council Minutes -5- July 6, 1982
Edstrom said he was concerned that this would change the Major Center Area.
He felt this change was a major one. He felt it would be a mistake to make
a decision based only on economic conditions.
Tangen stated he felt there was room for a mixture, which this represents,
because it is not only office/warehouse but also includes some office space.
• VOTE ON MOTION: Motion carried with Edstrom voting "no."
D. RIDGEWOOD WEST TWD PUD & FIRST PHASE DEVELOPMENT by Centex Homes Midwest, Inc.
Request for Comprehensive Guide Plan change from low density to medium density
residential for 63.5 acres, Planned Unit Development concept approval for 172
detached cluster single family and 160 condominium units, first phase develop-
ment of 17 acres for 57 single family detached units, preliminary plat approval,
and variances from the R1-13.5 District and approval of an Environmental Assess-
ment Worksheet. Located east of Mitchell Road and north of Research Road.
(Resolution No. 82-168 - Guide Plan change; Resolution No. 82-165 - PUD;
Resolution No. 82-166 - preliminary plat; and Resolution No. 82-167 - EAW)
Tim Eller, President of Centex Homes Midwest, Inc., addressed the proposal.
Also present was Dick Krier, Westwood Planning and Engineering, consultant
for the project. Eller showed the site lines and architectural renderings
of the homes to be built. The homes will be in the $60,000 - $80,000 range.
Director of Planning Enger said the Planning Commission had reviewed this
proposal at its June 14, 1982, meeting and voted to recommend approval subject
to the recommendations contained in the June 10, 1982, Staff Report.
Director of Community Services Lambert noted the Parks, Recreation & Natural
Resources Commission had reviewed the proposal at its June 21, 1982, meeting
and had voted to recommend approval. The Commission had concerns about the
sidewalks and the southern totlot. It would like to see the totlot deleted.
Edstrom asked when Anderson Lakes Parkway will be developed. Enger said its
construction would be very timely at this point. Centex would be happy to
petition for its portion which,while only a very small portion of the entire
roadway, would benefit their development greatly. Others in the area are in
favor of seeing the roadway built and a petition in regard to that will be
forthcoming in the near future.
Penzel asked about the colors to be used on the exterior of the homes.
Eller said there will be more variations than the ones shown; the colors
shown were representative colors.
Tangen asked if there were any other methods available to the City which would
allow this project to proceed without requiring such a substantial variance.
Enger said there is none available at the present time; once the City Codes
are codified there will be a category in the new zoning ordinance which would
be more adaptable to this type of development.
City Council Minutes -6- July 6, 1982
Bentley said he thought this to be a creative approach which is architecturally
attractive and will provide affordable housing in Eden Prairie. Edstrom con-
curred this was an imaginative effort.
Penzel said the issue of color could be addressed in the Developer's Agreement.
He felt the expandability of the units should be severely restricted via the
Homeowners' Association agreements or covenants. Bentley noted these concerns
had been adequately addressed in the Lorence Addition Developer's Agreement.
There were no comments from the audience.
MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing and
to adopt Resolution No. 82-168, approving the amendment of Planned Unit Develop-
ment 82-26 of Ridgewood West. Motion carried unanimously.
MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-165,
approving the Ridgewood West Two Planned Unit Development and amending the
Guide Plan. Motion carried unanimously.
MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-166,
approving the preliminary plat of Ridgewood West Two. Motion carried unanimousl,
MOTION: Bentley moved, seconded by Edstrom, to direct Staff to draft the Develr!
er's Agreement including the recommendations included in the Staff Report, those
of the Planning Commission and Parks, Recreation & Natural Resources Commission.
and reference to the footprint size, colors to be used on the exterior, and
the totlot as recommended by the Planning Commission. Motion carried unanimousl.
Tangen asked if perhaps the new zoning ordinance (Chapter 11) would make Phase
Two of this project less cumbersome from a zoning standpoint. City Attorney
Pauly noted the zoning is not in place so nothing can be tied down. There
would still have to be some variances. Penzel suggested the mechanics of the
matter be looked into by Pauly.
MOTION: Bentley moved, seconded by Edstrom, to adopt Resolution No. 82-167,
finding the Environmental Assessment Worksheet for Ridgewood West Two a private
action which does not require an Environmental Impact Statement. Motion carried
unanimously.
E. Vacation of utility easements in the Bryant Lake Office Park and preliminary
plat approval. Vicinity of Market Place Drive and Valley View Road. (Resol-
ution No. 82-157 - vacating easements and Resolution No. 82-164 - preliminary
plat)
Bob Ryan, Ryan Development, addressed the request which is to consolidate 14
buildings to 13 buildings with less parking. He noted there would be adequate
room for expansion of parking if needed. Due to the proposed changes in build-
ing locations, it is necessary to vacate the "blanket" easement and replat
it with the new lot locations.
City Council Minutes -7- July 6, 1982
There were no comments from the audience,
MOTION: Tangen moved, seconded by Edstrom, to close the Public Hearing
and to adopt Resolution No. 82-157, utility easement on Lots 13 and 15,
Block 1, Bryant Lake Center. Motion carried unanimously.
MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No. 82-164,
approving the preliminary plat of Bryant Lake Center 2nd Addition. Motion
carried unanimously.
F. Vacation of riclht_of-wa,_easement adt'acent to Anderson Lakes Parkway
T solution No. 82-1581
Director of Public Works Dietz noted this is a housekeeping matter.
There were no comments from the audience.
MOTION: Tangen moved, seconded by Edstrom, to close the Public Hearing
and to adopt Resolution No. 82-158, vacation of right-of-way easement ad-
jacent to Anderson Lakes Parkway. Motion carried unanimously.
G. Vacation of Media Lane and utility easements (Resolution No. 82-169)
Director of Public Works Dietz addressed the need for the vacation which was
necessitated largely by the Schooner Boulevard project.
Don Brauer, representing the owner of the property, said a Resolution Number
is required before the final plat can be printed -- the whole matter can be
disposed of at the next Council meeting.
MOTION: Edstrom moved, seconded by Tangen, to close the Public Hearing
and to continue consideration of the Resolution to be concurrent with final
plat approval. Motion carried unanimously.
H. Tax Increment Financing District for Edenvale Apartments (Resolution No. 82-174)
City Manager Jullie noted Staff had requested additional information from
the proponent which will not be ready until the July 20, 1982, meeting.
The developer has requested a continuance of this item to that time.
MOTION: Tangen moved, seconded by Bentley, to continue the Public Hearing
on the Edenvale Apartments Tax Increment Financing District to July 20, 1982.
Motion carried unanimously.
I. Request for Municipal Industrial Development Bonds in the amount of
59,17O,OOD.00 for P & L Investment Company�heraton Inn). (Resolution
No. 82-171T
Jack Rosberg, attorney for the developer, spoke to the request. Also
present were Paul Thomas, general partner of P & L Investments; Steve
Sherf, Laventhol & liorwath, accountants; and Carmen Tuminelly, construction
manager.
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City Council Minutes -8- July 6, 1982
Rosberg said they have three options relative to selling the bonds:
a) private sale of bonds to a single purchaser; b) private sale to in-
stitutional investors; or c) public bond sale which would be secured by
a letter of credit.
Edstrom asked what the terms of the sale would be. Rosberg said they
• did not know but they hoped it would be no less than 10 - 12 years with
a long term amortization of 25 - 27 years.
Penzel asked Thomas what his equity position in the project would be.
Thomas said it could be as much as one million dollars or they might be
able to get 100% financing.
There were no questions from the audience.
MOTION: Bentley moved, seconded by Edstrom, to close the Public Hearing
and to adopt Resolution No. 82-171, giving preliminary approval to a
project under the Municipal Industrial Development Act, referring the
proposal to the Commissioner of Energy, Planning and Development for
approval and authorizing preparation of necessary documents. Motion
carried unanimously.
J. CHAPTER 11 (ZONING) OF CODIFICATION (Ordinance No. 82-18)
Director of Planning Enger briefly revie:ied the changes which have been
made including the reorganization of sections, new section definitions
in some cases; suggested amendments to the Rural district to require 10
acre lots -- existing lots between 5 and 10 acres would be grandfathered
in; a new R1-44 District would be created for use in areas where the size
of the lot would best protect natural resources (this would be in sewered
areas); the existing R1-22 zone would be required to have sewer and water from
this point forward; the existing R1-13.5 zone would be modified to allow a
maximum density of 2.5 units per acre rather than 2 units per acre and would
allow minimum street frontage of 55' with the same median lot width of 90';
a new residential district RI-9.5, 9500 square foot minimum lot size, with
floor area ratio restrictions to proportion the house to the lot, would be
adopted; a new commercial district, neighborhood/commercial, would divide the
commercial areas more in keeping with the designations of the Comprehensive
Guide Plan; the Planned Study District would be dropped; and a Slope Ordinance
Section would be added.
Penzel suggested a neighborhood/commercial designation be shown which would
include residential use in a commercial structure such as was found with
living units above the corner grocery store in older areas of the Metropolitan
Area. Discussion centered on how this might be accomplished and what the draw-
backs might be. Enger said it might be best permitted through the PUD process.
City Attorney Pauly said this could be denoted on the chart with a further
explanation in the text.
City Council Minutes -9- July 6, 1982
There were no continents or questions Trom the audience.
City Attorney Pauly noted that Ordinance No. 82-18 refers to "text to
be inserted" and that reference is to the composite material contained
in Chapter 11 which the Council had been most recently considering at
its June 29, 1982, meeting.
' MOTION: Bentley moved, seconded by Edstrom, to continue the Public Hearing
to July 20, 1982, and to direct the matter for recommendation to the Planning
Commission prior to that meeting. Motion carried unanimously.
City Attorney Pauly said the separate publication of this Chapter can be
avoided if it is a part of the Codification process.
CLERK'S LICENSE LIST (formerly IX. E. 1.)
(including Emswiler request for kennel license continued from 6/15/82)
Penzel noted the materials referring to this matter which had been included
• "for Your Information" in the Council packets.
Bentley asked how many of the three dogs in question are presently licensed.
Director of Public Safety Hacking stated two of the three were.
Jim Coleman, 6580 Undestad, who lives with the Emswilers,said one of the dogs
is his and he thought the dog was licensed in his name. Hacking said there is
no license under Coleman's name.
Tangen asked the age cf the dogs. Joan Emswiler, 6580 Undestad, stated there
is a 7 year old female (Coleman's dog), a 3 year old male, and a 3 year old female;
all are either neutered or spayed.
Penzel noted the dogs have not been licensed all the time they have been kept
at 6580 Undestad.
City Manager Jullie said there had been at least two phone calls to City Hall
by neighbors expressing their concern about the situation. These neighbors ex-
pressed reluctance to appear at this meeting.
Penzel asked City Attorney Pauly what alternatives the City has if the kennel
license is denied. Pauly said if one of the dogs was not disposed of in some
manner, there would be a charge of being in violation of a City Ordinance and
that charge would continue until a dog was disposed of one way or another.
Bentley said he had received three phone calls from neighbors of Emswiler's; all
said there had been no problems for some time. None was willing to come this even-
ing for fear of reprisals.
Edstrom said the Ordinance calls for a certain size lot before a kennel license
can be granted. He said he would vote against granting the private kennel license
for the reason the Emswiler's ,2 acre lot is not appropriate in that it does not
conform to City policy.
City Council Minutes -10- July 6, 1982
Tangen said he appreciated Edstrom's view but noted there has been a modification
of behavior and no citations had been issued in a year and a half. He felt the
Council was involved in a neighborhood feud. He would like to find a solution.
Bentley said the problem seemed to be under control and he could see granting a
license with restrictions which would take care of the issue.
MOTION: Bentley moved, seconded by Tangen, to approve the private kennel license
for Joan Emswiler with the following restrictions: a) if one of the dogs should
die, it will not be replaced; b) if one of the dogs is removed from the residence,
it will not be replaced; c) no additional dogs will be added; d) any obvious viola-
tion(s) (e.g., if a dog breaks a restraint,it is not in violation) would mean re-
moval of a dog and revocation of the private kennel license. Motion carried with
Edstrom voting "no."
Tangen said he voted in favor of the motion because there seemed to have been
a modification of behavior and because no neighbors were present to refute the
issue.
MOTION: Bentley moved, seconded by Edstrom, to approve the remainder of the
Clerk's License List. Motion carried unanimously.
VI. PAYMENT OF CLAIMS NOS. 2430 - 2714
•
MOTION: Bentley moved, seconded by Edstrom, to approve the Payment of Claims
Nos. 2430 - 2714. Roll call vote: Bentley, Edstrom, Tangen and Penzel voted
"aye" with Edstrom abstaining on Claims Nos. 2546 and 2620. Motion carried.
. VII. REPORTS OF ADVISORY COMMISSIONS
A. Historical & Cultural Commission
1. Discussion on Indian Mounds (Mona Finholt)
Penzel noted a letter of July 6, 1982, from Mona Finholt which
addressed the preservation of Indian mounds. Penzel said he had
personally met with representatives of the American Indian Movement
and he said they were not very interested in the Indian mounds in
Eden Prairie.
Edstrom said if the Commission wishes to make a recommendation regard-
ing an Ordinance then they should send one on to the City Council.
Bentley said he would like to know how parameters for preservation
are determined. City Attorney Pauly called attention to the State
Statutes which outline identification and authentication provisions.
MOTION: Edstrom moved, seconded by Tangen, to suggest, via Staff,
that the Historical & Cultural Commission come back to the Council
with what it would like to see in an Ordinance. Motion carried unani-
mously.
•
'
1
4
City Council Minutes -11- July 6, 1982
2. Request for expenditure of funds for the Restoration Committee
Penzel called attention to the July 2, 1982, memorandum from Sandra
Werts, regarding the Restoration Committee Fund Raising Campaign.
MOTION: Bentley moved, seconded by Tangen, to approve up to $5,000
from the Historical and Cultural Commission budget to help cover the
. costs of the Restoration Committee fund raising campaign. Roll call
vote: Bentley, Edstrom, Tangen and Penzel voted "aye." Motion carried
unanimously.
VIII. ORDINANCES & RESOLUTIONS
A. Preliminary approval for Housing Revenue Bonds in the amount of $7,000,000.00
for G & D Enterprises (Baypoint Manor Apartments) and authorizing a Public
Hearing on a Housing Program for the City of Eden Prairie (Resolution No.
82-170)
MOTION: Bentley moved, seconded by Edstrom, to continue action on this
item to the July 20, 1982, Council Meeting at the request of the developer.
Motion carried unanimously.
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
Edstrom: 1. Hennepin County has requested comments regarding their landfill
proposal. Edstrom recommended the matter be referred to Director
of Planning Enger and requested Enger send a letter to the County
in support of the County's proposal.
2. Edstrom said he would like to relinquish his seat on the Solid
Waste Committee. Bentley said he would like to be on that Com-
mittee.
MOTION: Edstrom moved, seconded by Tangen, to appoint George
Bentley to the Solid Waste Committee. Motion carried unanimously.
3. The State Waste Management Board is now in the process of looking
at transfer stations. Edstrom suggested that Staff look over
the criteria which have been developed.
MOTION: Edstrom moved, seconded by Bentley, to direct Staff to
review the criteria developed by the Waste Management Board and
to direct all comments in that regard to the Waste Management
Board. Motion carried unanimously.
Penzel: 1. Announced there would be a Certificate of Compliance Meeting
on July 20, 1982. This is in regard to Connunity Education. •
Director of Community Services Lambert will send someone to
represent the City's interest.
2. The Hopkins School Board has asked someone to represent the
City at a meeting on July 15, 1982, at which time ways in which
cooperation might be increased will be discussed. Director of
Community Services Lambert will send someone from his Staff.
3. Noted the Annual Report of the Suburban Nursing Service had been
received and is available to those interested. 3
City Council Minutes -12- July 6, 1982
1. Appointment of 1 representative to the Development Commission to fill
an unexpired term to 2/28 83
MOTION: Edstrom moved, seconded by Bentley, to appoint Steven Jacobs
to the Development Commission. Motion carried unanimously.
B., Report of City Manager
There was no report.
C. Report of Director of Community Services
1. Request from residents in Hidden Ponds regarding chemically treating pond -
This item was moved to the Consent Calendar as IV. I.
2. Dedication Plaque for Eden Prairie Community Center
Director of Community Services Lambert spoke to his memorandum of
June 17, 1982, regarding the dedication plaque which Smiley Glotter
Associates has offered to donate.
MOTION: Tangen moved, seconded by Bentley, to accept the dedication
plaque for the Eden Prairie Community Center from Smiley Glotter Asso-
ciates. Motion carried with Edstrom abstaining.
3. Fairview Southdale Hospital Proposed Donation - This item was moved to
the Consent Calendar as IV. J.
D. Report of Director of Public Works
1. Award contract for Mitchell Lake Estates 2nd Addition Improvements,
I.C. 52-030 (Resolution No. 82-140)
Director of Public Works Dietz spoke to his memo of June 28, 1982,
in which he outlined the reasons for the rejection of bids.
MOTION: Tangen moved, seconded by Edstrom, to adopt Resolution No.
82-140, rejecting bids for Mitchell Lake Estates 2nd Addition Improve-
ments, I.C. 52-030. Motion carried unanimously.
E. Report of Finance Director
1. Clerk's License List (including Emswiler request for kennel license -
continued from 6/15/82)
This item was moved to immediately follow item V. J.
City Council Minutes -13- July 6, 1982
F. Report of City Attorney
ti City Attorney Pauly reviewed a question which had come up regarding the
low bid on the southwest quadrant of Schooner Boulevard. The contractor
said a mistake had been made in a bid figure. Pauly outlined the options
available to the City.
' MOTION: Tangen moved, seconded by Bentley, to direct Staff to seek an
agreement with the contractor via arbitration. Motion carried unanimously.
MOTION: Bentley moved, seconded by Penzel, to continue the meeting beyond the 11:30
p.m. time limit. Motion carried unanimously.
X. NEW BUSINESS
A. Discussion on PCA Draft Permit Amendment
City Manager Jullie said the draft of the landfill permit application
had been received by the City on June 11, 1982. A meeting is set for
Wednesday, July 14, 1982, to discuss the draft. Jullie said he has been
reviewing the draft and will go to next week's meeting with the intention
of working out the details and clarifying points, if the Council so directs.
He felt the content was generally good.
Bentley asked if there would be some way in which the City might be able
to force any future expansion to comply with tho rules and regulations in
effect for new landfills. Bentley expressed displeasure with not having
known about the application being received by the City until he read about
it in the Minneapolis Star and Tribune's Community Section.
Tangen expressed concern that adequate time to review the application had
not been given. He asked that this concern be expressed and that a request
to have until at least the July 20, 1982, City Council meeting for review
be made.
City Manager Jullie noted the PCA had called the City and said they had
found toxic organics in one of the wells they are monitoring. Director of
Public Works Dietz will meet with the PCA on Friday, July 9, 1982, to dis-
cuss these findings. Dietz will report to the Council regarding this meet-
ing.
XI. ADJOURNMENT
MOTION: Bentley moved, seconded by Edstrom, to adjourn the meeting at 12:00
midnight. Motion carried unanimously.
I,l
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•
July 20, 1982
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 82-182
RESOLUTION APPROVING PLANS
AND SPECIFICATIONS AND ORDERING
ADVERTISEMENT FOR BIDS
WHEREAS, the City Engineer has prepared plans and specifications
for the following improvements to wit:
I.C. 52-03D, Mitchell Lake Estates 2nd Addition
• Revised Improvements
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 Tuesday, August 3, 1982, and
considered by the Council at 7:30 o'clock P.M. on Tuesday,
August 3, 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 July 20, 1982.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
• July 20, 1982
• CITY OF EDEN PRAIRIE
HENNEPIN•COUNTY, MINNESOTA
' RESOLUTION NO. R82-181
•
• A RESOLUTION APPROVING FINAL PLAT
OF LEE DATA
•
WHEREAS, the plat of Lee Data 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
DEN PRAIRIE:
A. Plat Approval Request for Lee Data is approved
upon compliance with the recommendation of the City Engineer's
Report on this plat dated July 12, 1982.
•
• B. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the Register of Deed and/or Regis-
•
trar of Titles for their use as required by MSA 462.358, Subd. 3.
C, That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
• • plat.
D. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon com-
pliance with the foregoing provisions.
ADOPTED by the City Council on July 20, 1982.
. t
•
1•Iolfgang H. Penzel, Mayor
•
ATTEST: SEAL
•
John D. Frane, Clerk
•
•
•
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 90-4X‘).
DATE: July 12, 19B2
SUBJECT: LEE DATA
PROPOSAL:
The developer, Ravenhorst Corp., has requested City Council approval
of the final plat of Lee Data. The area is located east of T.H. 169-
212 and north of Nine Mile Creek in the north '-Z of Section 12. The
plat contains approximately 36 acres to be divided into one lot
(approximately 24 acres), two outlots, and roadway dedication. •
Ownership of Outlot A will be retained by the Developer and the
use will be open space. Outlot B will be deeded to the City.
HISTORY:
Zoning to I-5 Park was finally read and approved by the City Council
on June 29, 1932, per Ordinance 1182-15.
The preliminary plat was approved by the City Council on June 29, 19B2,
per Resolution h82-132.
PUD approval was granted by the City Council on June 15, 1982, per
Resolution N82-131.
The Developer's Agreement referred to within this report was executed
on June 29, 1982.
VARIANCES:
Any variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS:
Utilities and roadways wall be installed in conformance with City
standards and the requirements of the Developer's Agreement.
PARK DEDICATION:
The requirements for park dedication are covered in the Developer's
Agreement.
BONDING:
The requirements for bonding are covered in the Developer's Agreement.
g
4
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•
Pg. 2 Lee Date Final Plat
RECOMMENDATION:
Recommend approval of the final plat of Lee Data, subject to the
requirements of this report, the Developer's Agreement and the
following:
1. Receipt of fee for i..tyy Engineering Services in the
amount of $2 84 '+SO.Qo
2. Receipt of cash deposit for street lighting in the
amount of $2,784.60.
3. Receipt of Warranty Deed for Outlot B.
4. Satisfaction of bonding requirements.
•
•
•
•
I36(J
July 20, 1982
CITY OF EDEN PRAIRIE
HENNEPIN'COUNTY, MINNESDTA
•
RESOLUTION NO. R82-180
• A RESOLUTION APPROVING FINAL PLAT
OF BRYANT LAKE CENTER 2nd ADDITION
•
WHEREAS, the plat of Bryant Lake Center 2nd Addition has been sub-
mitted in the manner required for platting land 'ender the Eden Prairie Ordinance •
Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been
duly had thereunder, and
•
WHEREAS, said plat is in all respects consistent with the City plan and
the regulations and requirements of the laws of the State of Minnesota and ordin-•
ances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
'EDEN PRAIRIE:
A. Plat Approval Request for Bryant Lake Center 2nd Addition is approved
upon compliance with the recommendation of the City Engineer's
Report on this plat dated July 12, 1982.
• B. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the Register of Deed and/or Regis •
-
trar of Titles for their use as required by MSA 462.358, Subd. 3.
C. That the City Clerk is hereby directed to supply a certified copy
of this Resolution to the owners and subdividers of the above named
• ' plat.
O. That the Mayor and City Manager are hereby authorized to Execute
the certificate of approval on behalf of the City Council upon corn-
pliance with the foregoing provisions.
ADOPTED by the City Council on July 20, 1982.
.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, Clerk
f
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 0.42
DATE: July 12, 1982
SUBJECT: BRYANT LAKE CENTER 2nd ADDITION
PROPOSAL:
The developer, Ryan Development Inc., is requesting City Council
approval of the final plat of Bryant Lake Center 2nd Addition.
This is a replat of Lots 11, 13, 14 and 15, Block 1 Bryant Lake
Center, and has been requested to allow the construction of a
larger building lot than originally proposed (4,500 S.F. requested,
3,800 S.F. originally proposed). The plat is located south of
Valley View Road and east of Office Ridge Circle in Section 11.
•
HISTORY:
The preliminary plat was approved by the City Council on July 6, 1982,
per Resolution #82-164.
Vacation of underlying easements was approved by the City Council
on July 6, 1982,per Resolution #82-157.
Zoning to Office was finally read and approved by the City Council
on November 4, 1980, per Ordinance #80-23.
• The Developer's Agreement referred to within this report was executed
on November 4, 1980.
The Bryant lake Center PUD was approved by the City Council on
September 2, 1980, per Resolution #80-161.
VARIANCES:
The following variances from the requirements of Ordinance #135 should
be allowed and are consistent with those summarized in the Planning
Staff report dated June 9, 1982:
Side yard setback to 5' along the northerly line of Lot 1.
A minimum of 20' must be maintained between buildings as
required through the approved PUD.
Parking to 4 spaces per 1,0D0 GFA.
All other variance requests must be processed through the Board of Appeals.
lac
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•
Pg. 2 - Bryant Lake Center 2nd Addition Final Plat
UTILITIES AND STREETS:
The requirements for the installation of municipal utilities and
streets are covered in the Developer's Agreement.
PARK DEDICATION:
The requirements for park dedication are covered in the Developer's
Agreement.
BONDING:
The requirements for bonding are covered in the Developer's Agreement.
RECOMMENDATION:
Recommend approval of the final plat of Bryant Lake Center 2nd Addition
subject to the requirements of this report, the Developer's Agreement
and the following:
1. Receipt of fee for City Engineering Services in the amount
of $100. •
•
•
y •
CHANGE ORDER NO. 1
JULY 14, 1982
PROJECT: Westwood Industrial Park
City of Eden Prairie
Improvement Contract 52-015
TO: Northdale Construction Company
You are directed to make the changes noted below in the subject contract.
NATURE OF CHANGE
•
1. Modify utility construction as follows:
a. Delete sanitary Manhole 6 and the sanitary sewer between Manhole 5
and Manhole 6.
b. Delete storm sewer Catch Basins 12 and 13 and the storm sewer between
Catch Basin 12 and Catch 8asin 14. •
C. Change the 54" Cl 111 RCP at Station 12+75 on Carlson Drive to 48"
Cl I11 RCP. ,
2. Add the following quantities for street subgrade and construction of
Carlson Drive beyond the Carlson Drive creek crossing.
Unclassified Excavation 2,800 CY
Muck Excavation 5,200 CY
Common Borrow 7,000 CY
Select Granular Borrow 7,400 CY
JUSTIFICATION
1. Utility Modifications: The reduction in utility construction is determined
feasible to result in adequate service to ail serviced properties.
2. Subgrade Correction: The additional excavation of unsuitable subgrade
soils and the importation of select granular material is necessitated by
the discovery of additional peat subsoils extending north of Nine Mile
Creek and presently covered with a thin mantle of fill material on the
alignment of Carlson Drive and the discovery that suitable granular
materials for backfill of excavations is not available within the
project boundaries.
Page 1 of 2
Change Order No. 1
July 14, 1982
Westwood Industrial Park
I.C. 52-015
SCHEDULE OF ADJUSTMENTS:
Delete the following contract items:
8" Sewer Pipe (12'-14' Deep) 100 LF @ $15.00 $ 1,500.00
8" Sewer Pipe (14'-16' Deep) 50 LF @ $17.00 850.00
Standard Manhole (0'-8' Deep) 1 EA @ $777.00 777.00
15" kCP Cl II1 240 LF @ $19.00 ",560.00
24" RCP Bends 2 EA @ $25O.00 500.00
Standard Catch Basin 2 EA @ $777.00 1,554.00
54" RCP Cl III 96 LF @ $103.00 9,888.00
54" RCP Flared Ends 2 EA @ $2,650.00 5,300.00
Subtotal Deduct ($24,929.00)
Add the following contract items: .
48" RCP Cl III 96 LF @ $90.00 $ 8,640.00 .
48" RCP Flared Ends 2 EA @ $2,200.00 4,400.00
Unclassified Excavation ' 2800 CY @ $0.95 2,660.00
• Muck Excavation 5200 CY @ $1.75 9,100.00
Common Borrow 7000 CY 0 $1.25 8,750.00
Select Granular Borrow 7400 TONS @ $3.00 22,200.00
Subtotal Add ' $55,750.00
Total Addition to Contract Amount $30,821.00
SUMMARY OF CONTRACT ADJUSTMENTS:
Contract Amount Prior to this Change Order $420,205.25
Net Increase Resulting from this Change Order 30,821.00
Current Contract Amount Including this Change Order 451,026.25
Current Contract Completion Date October 31, 1982
Increase Resulting from this Change Order None
Current Contract Completion Date October 3I. 1982
RIEKE CARROL,LMUMULLER ASSOCIATES, INC. CITY OF EDEN PRAIRIE, MINNESOTA
Bye �� A'/eil0
By
Date I y/J Zi Date
THE ABOVE CHANGES ARE ACCEPTED:
NORTIIDALL CONF. M. ION COMPANY, INC.
By —
Date /j//jam
(
1.) i!) a
BLACK et VEATCH TEL. (913) 967.2000
CONSULTING ENGINEERS TELEX 42.6263
1600 MEADOW LAKE PARKWAY
NAILING 400RC66t P.O.BOX NO.6405
KANSAS CITY, MISSOURI 641141
Eden Prairie, Minnesota B&V Project 9082.CPS
Well Collector Line B&V File C-3.1
Contract No. 3 July 9, 1982
Mr. Gene Dietz
Director. of Public Works
City Offices
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Mr. Dietz:
Enclosed are five copies of Change Order No. 1 for Contract No. 3, Well
Collector Line. The change'order includes adjustments in Contract price
related to (1) air release piping added at Sta. 8+13, (2) unused materials
resulting from the reduced number of pile bents, and (3) the difference
between the final work quantities and the Bid Form quantities. The first
! two items were discussed in our letter to you dated May 18, 1982, and the
third item is based upon measured final quantities and provisions contained
in the contract documents. Change Order No. 1 reduces the contract price
by $23,737.24 which results in a new total contract price of $379,431.76.
If Change Order No. 1 meets with your approval, please have it executed
and forward the five copies to Minn-Kota Excavating Inc. Please instruct
Minn-Kota to add their signature and distribute the copies of the change )
order as follows: one copy to the City, one copy to the Surety, one copy
to Jim Schnurr, one copy to Black & Veatch in Kansas City, and one copy
for their records.
We are also sending, by way of Jim Schnurr, Payment Estimate No. 5 which
includes the adjustments contained in Change Order No. 1. This is in
accordance with the instructions of Gene Schurman. We suggest that the
change order be executed by both parties prior to delivery of payment to
the contractor.
Contract No. 3 is essentially complete except for the items described
below:
1. Asphalt pavement. The crossing at Valley View Road was filled
with cold mix and later filled two or three times with hot mix
as the backfill settled. Additional asphalt may be required.
! j
BLACK & VEATCH
Mr. Gene Dietz 2 July 9, 1982
2. Flap valve. A four inch flap valve on the cooling water discharge
still needs to be installed.
3i Sod. Sod at the creek crossing was not layed. Sod next to the
golf course sand trap died due to lack of watering.
4. Seeding. Areas seeded with grass are not yet established.
Payment Estimate No. 5 calls for continued holding of the five per cent
retainage to cover the above work items. Please contact us if you have
any questions.
Very truly yours,
BLACK & VEATCH
4444e---
Clifton V. Hostetler
•
dv
Enclosure
cc: Mr. Ed Sorensen
Mr. Gene Schurman
Mr. Kenneth Bergstrom
Mr. Jim Schnurr
EDEN PRAIRIE, MINNESOTA
WATER WORKS IMPROVEMENTS
CITY PROJECT NO. 51-354
CONTRACT NO. 3
WELL COLLECTOR LINE
CHANGE ORDER NO. 1
I. SCOPE
This Change Order No. 1 includes adjustments in Contract price related to
(1) air release piping at Sta. 8+13, (2) unused materials, and (3) final
work quantities.
II. ORDER
A. AIR RELEASE PIPING.
A one inch diameter pipe shall be installed at Sta. 8+13 to allow
release of air from the 24 inch well collector line to the 12 inch line
from Well House No. 4. It shall be installed in a manner acceptable to
the Engineer and conform to general requirements contained in the speci-
fications.
B. UNUSED MATERIALS.
The cost of materials which were purchased for use on the pile bents,
which were left unused because soil conditions permitted fewer pile bents
to be installed than were shown on the construction drawings, and which
could not have been avoided within the framework of prudent scheduling,
shall be added to the contract price.
C. FINAL WORK QUANTITIES.
In accordance with the provisions of the Contract Documents, the con-
tract price shall be adjusted to reflect the actual amount of work done
and materials furnished. The following table lists the Bid Form quantities,
and actual quantities of work, and the corresponding changes in price.
Bid Form Actual Unit Change in
Item Description Quantity Quantity Unit Price Price
1.1 30" Pipeline 919 926.6 lin ft 92.00 $ 699.20
1.2 12" Pipeline 552 512 lin ft 42.00 -( 1,680.00)
2. Pile Bents 139 46 ea 400.00 -(37,200.00)
2.1 Additional Piling Depth 300 79.42 lin ft 6.00 -( 1,323.48)
5.1 Concrete Pavement 56 63 lin ft 20.00 140.00
5.2 Asphalt Pavement 28 70 lin ft 150.00 6,300.00
6. Miscellaneous Concrete 42 37.5 cu yds 200.00 -( 900.00)
Total Change Due to Final Work Quantities ($33,96..28)
(EDEN PRAIRIE, MIRK ) is
(WELL COLLECTOR LINE) ,1
CO1-1
•
III. CIANGE IN CONTRACT AMOUNT j!
Adjustments to the contract price resulting from the aforementioned items
shall be as shown below. The prices for the first two items are based upon
time and materials costs and the deduct for the third item is based upon
measured quantities installed.
• Air Release Piping $ 3,124.00
Unused Materials 7,103.04
Final Work Quantities -(33,964.28)
Total Change Order No. 1 -($23,737.24)
The net change to the contract amount is summarized as follows:
Current Contract Price $ 403,169.00
Change Order No. 1 - (23,737.24)
New Contract Price $ 379,431.76
IV. ACCEPTANCE
The changes and conditions set forth in this Change Order No. 1 are hereby
accepted.
MINN-KOTA EXCAVATING, INC. CITY OF EDEN PRAIRIE, MINNESOTA
Contractor Owner
By
Mayor
Date 7 13— Sr 2 Date
By
City Manager
Date
(EDEN PRAIRIE, MINN )
(WELL COLLECTOR LINE)
C01-2• 7CI
• ,
DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of
1902
by and between MTS Systems Corporation, a Minnesota corporation, hereinafter
referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corporation,
hereinafter referred to as "City",
WITNESSETH:
WHEREAS, Owner has applied to City for Planned Unit Development Concept
approval for approximately 140 acres, situated in Hennepin County, State of
Minnesota, as described on pp. 2 & 3, Exhibit A, attached hereto and made a
part hereof and hereafter referred to as "the property", and
WHEREAS, Owner desires to develop the property to construct thereon
industrial and commercial buildings.
NOW THEREFORE, in consideration of the City adopting Resolution 01-35,
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 November 17, 1980 reviewed and approved
by the City Council on April 7, 1981 and attached hereto as
Exhibit A, subject to such changes and modifications as pro-
vided 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. for in Exhibit B, attached hereto and made a part thereof.
3. Owner shall develop the property in conformance with the
Shoreland Management Ordinance.
4. Owner must submit an Environmental Assessment Worksheet for
review and approval prior to development stage application
as per the Environmental Quality Board's Rules and Regulations.
5. Owner shall not, nor permit others to, grade upon all of the
• property at the same time.
IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed as of the day and year aforesaid.
CITY:
By:
Wolfgang H. Penzel, Mayor
By: __
Carl J. Jullie, City Manager
I � •
z
s
Page 2
Developer's Agreement-MTS Systems Corporation
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 municipal corporation on
behalf of the corporation.
Notary Public
OWNER:: �MTS��S�ysteems Corporation
rY('By: ,Q Y-
the: \f cs'?v� % 9a..*
By: //.c...-.1
the: 77,-,oA�
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 22nd day of June,
1982 by M. L. Carpenter, Vice President and Treasurer and Paul Strand, the
Assistant Treasurer of MTS Systems Corporation, a Minnesota corporation
• Notary Publi
„;;:1 BARBARA J HOME'a, ' n NOTARY PUBLIC•MINNESOTA
HENNEPIN COUNTY
My Commass.on Expires May 1 f 1989
1
•
LEGAL DESCRIPTIONS
The legal descriptions for the project are as follows:
Legal Description #1:
That part of the North / of Section 15, Township 116 North, Range 22, West of the 5th
Principal Meridian, described as follows: Commending at a point in the West line of
the Northwest / of said Section 15, distant 1,632.12 feet South of the Northwest
corner thereof; thence South along said West line to the Southwest corner of the
Northwest / of said Section 15; thence East along the South line of the Northwest
1/4 of said Section 15 a distance of 75 rods; thence North parallel with the West
line of the Northwest a of said Section 15 to a point distant 871.65 feet South
from the Southwesterly line of State Highway Number 5; thence deflecting left 112
degrees, 35 minutes, 29 seconds to the West line of the East 600 feet of the West
75 rods of the Northwest / of said Section 15; thence North along said West line to
its intersection with a line bearing North 74 degrees, 29 minutes, 20 seconds East
from the point of beginning; thence South 74 degrees, 29 minutes, 20 seconds West to
the point of beginning, except that portion lying Northerly of the following described
line;' Commencing at the Northwest corner of said Section 15; thence on an assumed
bearing of South 0 degrees, 38 minutes, 02 seconds West along the West line of said
Section, a distance of 1,632.12 feet; thence North 74 degrees, 29 minutes, 20 seconds
East a distance of 34.36 feet to the point of beginning of the line to be described;
thence South 89 degrees, 21 minutes, 58 seconds East a distance of 200 feet; thence
along a tangential curve, concave to the North radius 383.10 feet, central angle 51
degrees, 51 minutes, 08 seconds a distance of 344.47 feet to a point on the North
line of the above described property and there terminating, according to the•Govern-
ment Survey, thereof, Hennepin County, Minnesota.
Legal Description l'2:
That part of the Northwest ' of Section 15, Township 116 North, Range 22 West,
Hennepin County, Minnesota, described as follows:
Beginning at the Northwest corner of said Section 15; thence along the
West line of said Section on an assumed bearing of South 0 29' 22" West
151.31 feet to the actual point of beginning.
Thence South along the said West line 1,480.81 feet; thence North 74°
20' 40" East 663.67 feet; thence northeasterly 649.15 feet more or less
to the intersection with the East line of the West 75 rods of the North
1/4 of Section 15 said point is located 871.65 feet South rom the South-
westerly line of State Highway Number 5; thence North 60 06' 58" East
1,105.81 feet more or less to the intersection with the Southerly line
of State Highway Number 5; thence Northwesterly along said Southerly
line to the point of beginning. Except the West 637.5 feet of said
described property.
Legal Description #3:
The East / of the Northwest i of Section 15, Township 116, Range 22 lying South of
State Highway Number 5; that part of the West / of the Northwest ; of Section 15,
Township 116, Range 22 lying East of the Westerly 75 rods and South of State Trunk
Highway Number 5 except that part of the above described tracts lying northwesterly
of the following described line:
EXHIBIT A
. p.1 of 2
/2?)
4
Legal Descriptions-MTS page 2
•
Commencing at a point in the East line of said West 75 rods, distant
871.65 feet South of the Southerly right-of-way line said Highway
Number 5, thence Northeasterly at an angle of 59 degrees, 37 minutes,
36 seconds with said line to the Southerly right-of-way line of said
Highway Number 5. •
That part of the West z of the Northeast 4 of Section 15, Township 116, Range 22,
Hennepin County, Minnesota, described as follows:
Beginning at the Southeast corner of said West 1,5 of the Northeast ;;
thence running North along the East line of said West' of the North-
east ; 978.25 feet; thence deflecting to the left 48 degrees, 45 min-
utes, 21 seconds and running Northwesterly 83.44 feet; thence deflecting
to the left 20 degrees, 30 minutes, 30 seconds and running Northwest-
erly 297.47 feet; thence deflection to the right 3 degrees, 06 minutes,
30 seconds and running Northwesterly 215.82 feet; thence deflecting to
the right 11 degrees, 50 minutes, 40 seconds and running Northwesterly
60.13 feet; thence deflecting to the left 13 degrees, 57 minutes, 50
seconds and running Northwesterly 100.66 feet; thence deflecting to the
right 16 degrees, 18 minutes, 1D seconds and running Northwesterly 506.65
feet; thence deflecting to the right 46 degrees, 56 minutes, 30 seconds
and running Northwesterly 269.27 feet; thence deflecting to the right
7 degrees, 45 minutes and running Northerly to the Southerly right-of-way
line of State Trunk Highway Number 5; thence Southwesterly along said
Southerly line to the West line of the Northeast q; thence South along
said West line to the Southwest corner of said Northeast thence East
along said South line to the point of beginning.
Subject to a power line easement created by instrur.ents of record and Book 1051
of. Deeds, page 593 and Book 1056 of Deeds page 320.
•
EXHIBIT A
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1/80 t.
DEVELOPER ' S AGREEMENT
•
EXHIBIT B '
page 1 of 5 _ .
• I. .Prior to release of final plat, Owner shall submit to the City
Engineer for approval two copies of a development plan (1"=100' scale)
showing existing and proposed contours, proposed streets and lot
arrangements and size, minimum floor elevations on each lot , preliminary
alignment and grades for sanitary sewer, watermain and storm sewer,
100 year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots,
• ' location of walks, trails and any property to be deeded to the City.
•
II. Owner shall submit detailed construction and storm sewer
plans to the Riley-Purgatory Creek
Watershed District for review and approval.
Owner shall follow all rules and recommendations of said
Watershed District.
III. Owner shall pay cash park fees as to all of the property required
by any ordinance in effect as of the date of the issuance of each
building permit for construction on the property. Presently,
the amount of cash park fee applicable to the property is
$ 1,400per acre • The amount to be paid by Owner shall be increased
or decreased to the extent that City ordinances are amended or
supplemented to require a greater or lesser amount as of the date
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.
•
•
•
•
IMF i • .
1/80
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Page 2 of 5 Exhibit B
V. A. All sanitary sewer, watermain and storm sewer facilities, concrete curb,
gtter5.5idewalks,streets and other public utilities ("improvements")
tO he made and constructed on or within the property and dedicated
- --40 the City shall be designed in compliance with City standards by
a registered professional engineer and submitted to the City Engin-
per for approval. All of the improvements shall be completed by
Uwner $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
oquipment 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-
. Monts against any defect in materials or workmanship for a period
Of two (2) years following said completion and acceptance. In •
__She 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 reproducnable 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 corn-
. pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this subparagraph V. A., including but not limited
to, a 'guarantee against defects in materials or work-
manship for a period of two (2) years following com-
pletion and acceptance of the improvements by the City
Engineer. The amount of the bond or letter of credit
shall be 125% of the estimated construction cost of
said improvements, subject to reduction thereof to an
:amount equal to 25% of the cost of the improvements
after acceptance thereof by the City Engineer, and re-
• ceipt of as-built drawings. The bond or letter of
credit shall be in such form and contain such other
provisions and terms as may be required by the City
• Engineer. The Owner's registered engineer shall make
and submit for approval to the City Engineer a written
estimate of the costs of the improvements.
8, In lieu of the obligation imposed by subparagraph V.A, above, Owner
may submit a 100% petition signed by all owners of the property, re-
questing the City to install the improvements. Upon approval by the
City Council, the City may cause said improvements to be made and
special assessments for all costs for said improvements will be
levied on the property, except any property which is or shall be ded-
1/80
6/81
page 3 of 5 Exhibit Q
•
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 ip such form and contain such further
terms as may be required by the City Engineer.
C. Prior to release of final plat, Owner shall pay to City fees for
• first 3 year street lighting (public streets) engineering re-
view and street signs.
VI. A. Owner shall remove all soil, and debris from, and clean, all streets
within, the property at least every two months, (or within one week
from the date of any request by City), during the period commencing
May 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 z" 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.
A
1/80
&/81
•
pane 4 of 5 Exhibit
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:
r etesetLee ex4: �; I ,
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 & acceptable to the
Director of Community Services and shall be free and clear of any
lien, claim, change, or encumbrance, including any for work, labor, or
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 comments against any defect in
materials or workmanship for a period of two (2) years following said
completion and acceptance. In the event of any defect in materials or
workmanship within siad 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 improvements. Prior to final plat approval , or issuance of any
building permit, if no final plat is required, Owner shall:
Submit a bond or letter of credit which guarantees com-
pletion of all improvements within the times provided,
upon the conditions, and in accordance with the terms
of this subparagraph V.A., including but not limited
to, a guarantee against defects in materials or workman-
ship for a period of two (2) years following comple-
tion and the extension of the period to three (3) years
in the event of any defect during said 2 year period,
and acceptance of the improvements by the Director of
Community Services shall be 125% of the estimated con-
struction cost of said improvements, subject to reduction
thereof to an amount equal to 25% of the cost of the
improvements after acceptance thereof by the Oirector
of Community Services. The bond or letter of credit
shall be in such form and contain such other provisions
and terms as may be required by the Director of Com-
munity Services. The Dwner's registered engineer shall
make and submit for approval to the Director of Conunun-
ity Services a written estimate of the costs of the
improvements.
1/80
9/10/80
Page 5 of 5 Exhibit B.
• XIII. Owner acknowledges that the rights of Cfty 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.
XIV. Any term of this agreement that is illegal or unenforceable at law or in
equity shall be deemed to be void and of no force and effect to the extent
necessary to bring such term within the provisions of any such applicable
law or laws, and such terms as so modified and the balance of the terms
of this agreement shall be fully enforceable.
XV. Owner shall, prior to the commencement of any improvements, provide
written notice to Minnesota Cablesystems Southwest, a Minnesota Limited
Partnership, the franchisee under the City's Cable Communication
Ordinance (80-33) of the development contemplated by this Developer's
Agreement. Notice shall be sent to Minnesota Cablesystems Southwest
( c/o Popham, Haik, Kaufman, Schnobrich and Doty, Ltd., 4344 IDS Center,
Minneapolis, Minnesota 55402.
•
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•
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{1 ..r
MEMORANDUM
1'O: Mayor and City Council
THRU: Bob Lambert, Director of Community Services
FROM: Steve Calhoon, Park Planner
DATE: July 15, 1982
SUBJECT: County Road 1 - Bike Trail Bids
On July 13, 1982 staff received, opened and publicly read bids for County
Road 1 Bike Trail from U.S. Highway 169/212 to Homeward Hills Road. This
project entails grading and preparing the base to be ready for asphalt.
The placement of asphalt will be done by the City Street Maintenance
Department. Construction of the base will be completed by August 27, 1982.
Bids received are as follows:
Tennis West LTD $11,396
Widmer Construction, Inc. 13,420
• Veit F: Co., Inc. 16,676
Staff recommends awarding the contract to Tennis West LTD for $11,396.
Funds for this project originated from the 1979 Bond Referendum.
SC:md
•
•
•
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CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
July 20, 1982
CONTRACTOR (MULTI-FAMILY & COMMj
William Poppenberger & Son
Dale Wenkus Architects, Inc.
CONTRACTOR_(1 & 2 FAMILY)
Narr Construction, Inc.
Palmer Construction
Quality Development, Inc.
Don Roderick & Son Construction
Woodsmen Construction, Inc. .
PLUMBING
Russ Anderson Plumbing
Carlson Plumbing
K & K Heating & Plumbing
J. R. Kelly Plumbing & Heating
Palmer Construction
HEATING & VENTILATING
Palmer Construction
Ron's Mechanical '
GAS FITTER
Ron's Mechanical
MECHANICAL GAMES
Electronic Entertainment (Preserve Rexall Drug)
These licenses have been approved by the department heads responsible for
the license activity.
Qa..¢-- -81 .
Pat Solie, Licensing
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TO: Mayor and Council
FROM: John Frane
DATE: July 15, 1982
RE: Public Hearing Edenvale Apartments T.I.F. Project
We are continuing our negotiations with the developer regarding
structuring of the T.I.F. Plan. There are at present a few loose
ends that should be cleaned up prior to a presentation to the council
of the project. We have suggested to the developer that they should
request a continuance to August 3. They concur and so request.
We anticipate that information regarding the project will be available
to the council before packet delivery for the August 3rd meeting.
i
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1
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1711A
—_A
•
Unapproved
Planning Commission Minutes July 12, 1982
All members present.
. A. Codification.
The Commission briefly discussed codification. Bearman stated that
interim use was never addressed. Johnson replied that the City
Attorney has expressed that interim use requests should now be turned
into rezoning requests.
Bearman stated he wants the Council to very strongly look at having
a zoning administrator to uphold the ordinance. He felt that this was
needed.
MOTION
Torjesen moved to recommend to the City Council that short of
defaulting on the existing commitment, it should consider at the
time of codification, amending some zones in such a way to make
it more easy for new technology to install private waste treatment
systems. Hallett seconded.
Motion carried 7-0.
MOTION •
6earman moved to recommend to the City Council that they take a good
look at interim uses and the possibility of a zoning administrator.
Retterath seconded, motion carried 7-0.
a9a
approved
Planning Commission Minutes -5- June 28, 1982
MEMBERS ABSENT: Robert Hallett & Liz Retterath
EDENVALE 15TH ADDITION (revised), by Equitable Life Assur-
ance Society of the United States. Request for development
stage of the Edenvale PUD 70-04, rezone 17 acres from Rural
• to RN 6.5, preliminary platting of approximately 106 town-
houses, and possible variances from the RN 6.5 District.
Located north of Edenvale Blvd. , east of Edenvale 11 and 14
Additions. A public hearing.
Torjesen suggested that this project should be deferred until the private planner
is present. A ten minute break was taken. The private planner was not present.
MOTION
Sutliff moved to switch items B and C around. Gartner seconded, motion carried 5-0.
•
ITEM B, EDENV 15TH ADDITION (revised) RESUMED. •
The Planner referred the Commission to the staff report dated 6/23/62 which compares
this revised plan to the previous plan.
Dick Krier, Westwood Planning and Engineering, stated that they have made changes
requested in the staff report and other items brought up by residents at the last
. public hearing. The units have been reduced from 120 to 106, more screening area
at Edenvale Boulevard, more trees preserve, and no detached garages. He then showed
slides of sight lines from exrsting areas to the proposed site, and drawings of
cross sections.
The Planner recommended approval of the plat and zoning of the revised plan dated
5/17 subject to the items on ;page 5 of the 6/23/82 staff report. He noted that
a majority of the large trees will be preserved. Adding that an item #8 should be
added to the staff report granting use of wood as an exterior material.
Sutliff asked how much further Edenvale Blvd is to be extended. Krier replied
they have a petition for connection to Birch Island Road. The Planner stated if
the extension to Birch Island Road is not possible this year, it would have to
continue at least to Lesley Lane for this project.
Torjesen asked if it is common to deal with recreational vehicles in multiple
area. The Planner replied yes.
• i
/3za
approved
Planning Commission Minutes -6- June 28, 1982
Bearman stated he received a letter dated 6/23/82 from Harry E. Picha which
requested a fence to protect his farm and crops.
John Ryder, 6819 Woodhill Trail, stated he felt the plan generally improved, but
did not answer who will pay for Edenvale Blvd. The Planner stated that feasibility
hearings are generally held to determine the assessment method.
Torjesen asked if Edenvale Blvd. is not constructed this year, would the developer
construct a portion. The Planner replied if the development is built this year,
the developer could construct that portion to City standards.
Jack Humphreys, Equitable, stated they have submitted a petition for the con-
struction of Edenvale 81vd. with assessments over the remaining Equitable
property.
Bert Hassel. 6827 Woodhill Trail, stated he felt that children playing in the
proposed totlot next to the Blvd. is unsafe and should be more centrally located.
The Planner stated that the Parks, Recreation and Natural Resources Commission
would review the totlot location.
Mr. Peters, 15140 Ironwood Court, stated that at the previous meeting, discussion
was held regarding the traffic difficulties in this area. He disagreed with the
screening slides from Ironwood Court and stated that development will be very
visiblefrom both of his floors. He would like to see 3.5 units/acre development
which is comparable to existing areas.
Mr. Cherne, 6930 Raven Court, asked if the feasibility study has been started.
The Planner replied that it is being done in-house and is not yet completed.
Cherne asked if Birch Island Road will be upgraded. The Planner replied it may not
be concurrent with Edenvale Blvd.
Cherne stated he felt that the City should have roads built and continued prior to
developments.
Mr. Lassen, representing Equitable Life Assurance, stated he felt that grading on
Edenvale Blvd. could begin this Fall.
Peter absorb new
stted
stted he if the Lassenket nreplied thatlnosmultdiplea that
lotsare
remaining.
Bearman asked if the developer will work with Mr. Picha regarding the fence that
he wants. Krier replied yes.
MOTION 1 Sutliff seconded, motion carried 4 0-1.
Gartner moved to close the public hearing.
Marhula abstained because he works for the firm representing Equitable Life.
M90
approved
Planning Commission Minutes -7- June 28, 1982
MOTION 2 •
Gartner moved to recommend to the City Council approval of the development stage
as per the plans dated 5/17/82 as per the staff report dated 6/23/82 with the
inclusion, of wood as an exterior material and a solution to Mr. Picha's request.
Sutliff seconded, motion carried 4-0-1. Marhula abstained.
MOTION 3
Gartner moved to recommend to the City Council approval of the rezoning from Rural
to RN 6.5 for approximately 17 acres as per the plans dated 5/17/82 and the staff
report dated 6/23/62 with the inclusion of wood as an exterior material and a
solution to Mr. Picha's request. Sutliff seconded, motion carried 4-0-1.
Marhula abstained.
•
MOTION 4 •
• Gartner moved to recommend to the City Council approval of the preliminary plat
for 106 townhouses dated 5/17/82 as per the staff report dated 6/23/82 with the
inclusion of wood as an exterior material and a solution to Mr. Picha's request.
Sutliff seconded, motion carried 4-0-1. Marhula abstained.
MOTION 5
Gartner moved to recommend to the City Council approval of the variances requested
as per the staff report dated 6/23/82. Sutliff seconded, motion carried 4-0-1.
Marhula abstained.
• I3c�1 .
COMMUNITY SERVICES DEPARTMENT
DEVELOPMENT PROPOSAL CHECK LIST
(ATTACHED TO PLANNING STAFF'REPORT)
IC: July 13, 1982 - - .
PROJECT: rdcnvale 1Sth
PARKS, RECREATION AND NATURAL RESOURCES CONCERNS:
I. Adjacent to any existing or proposed parks: No
a. Affect on the park: N/A
2. Cash park fee or land dedication: N/A (Edenvale PUD) •
a. If cash park fee, amount based on existing ordinance will total:
b. If park dedication, the number of acres to be dedicated:
c. Existing or pending assessments or taxes on the proposed park property will be
paid prior to dedication:
3 Adjacent to existing or proposed trails: Proposed 8' asphalt bikeway along north
and west side of Edenvale Blvd. Proposed 5' concrete sidewalk along the east
and north side of Lesley Lane.
a. Party responsible for trail construction: n velgper
b. Landownership oi.trail location: (dedicated, purchased, ROW) Row
4. Grading plan comments: •
•
5. Significant vegetation on the site: See Planning Staff Report regarding tree
inventory and preservation of existing trees through fencing.
•
6. Adjacent to protected waters: N/A
•
REFERENCE CHECK
1. MAC N/A
2. Neighborhood Faeilities.Studv Edenvalc Neighborhood Park located approx. 3/4 of a mile
to the south of this site w 3i- pTsr^1V-n 1-gtib��hwd P.�.K �a.
3. Purgatory Creek Study
4. Shoreland Management Ordinance N/A •
Floodplain Ordinance N/A .
6. Guide Plan The Guide Plan illustrates this site as residential.
7. Other 'M0 1970 Edenvale PUN illustrated this site as medium density residential.
•
R .
•
-2-
REC01 MEN0ATI0NS •
1. Adjacent neighborhood type, and any neighborhood opinion voiced in favor or opposed
to the project:
•
2. Planning' Commission Recommendation:
•
•
3. Community Services Staff Recommendation: Community Services Staff recommends approval
as per the June 23rd Planning Staff Report with the fnllnwing rnmmentc• Fdnprnl e
committed to constructing an 8' wide asphalt bikeway adjacent to Fernva1e Rlvd on_.
several occasions in the last five years. Staff would recommend that the City set
some deadlines for construction of this path and require a bond sufficient•to
cover the cost of the project if the deadlines are not met.
•
•
•
•
•
•
•
•
•
•
' i
•
MEMO
TO: Planning Commission
FROM: Jean Johnson, Assistant Planner
THROUGH: • Chris Enger, Director of Planning
DATE: June 23, 1982
PROJECT: EDENVALE 15TH (Revised)
LOCATION: North
Edenvalee11aandle 814thv
ard, east
of Additions
APPLICANT: Equitable Life Assurance Society
FEE OWNER: Equitable Life Assurance Society
REQUEST: 1. Rezone 17 acres from Rural to RM 6.5
2. Preliminary plat the property for 106
units and 1 outlot (42 rowhomes and •
' 64 manor homes)
REFER TO: April 22,1982
BACKGROUND
On April 26, 1982 the Planning Commission reviewed the proposal for
120 units.
Concerns raised by the Conjiiission at the April 26, 1982 meeting were: no
specific builder or building plans were known, too many units on the site,
inventory of significant trees had not been completed . The Commission
made the following motions:
MOTION 1
Torjesen moved to close the public hearing. Retterath seconded,
motion carried 5-0-2. Marhula and Hallett abstained. Marhula
abstained because he works for the firm representing Equitable
Life, and Hallett abstained because he arrived late.
MOTION 2
Torjesen moved to deny the request so that the developer can
address the problems as listed in the staff report dated 4/22/82.
Retterath seconded, motion carried 5-0-2. Marhula and Hallett
abstained. •
Items listed in the previous staff report to be addressed by the developer
were:
a. Reducing density to 6.7 units/acre from 7.1 units/acre, and
a maximum coverage of 20%.
b. Redesigning of outdoor parking spaces with larger setback to provide y
screening area.
„r .:Jeirvate 15 Revised
page 2
c.
Restrict the parking of recreational vehicles.
Provide group usable open space and a totlot structure on
Lot 4, Block 2 to be completed prior to the first occupancy
permit.
e. Establish an overall homeowners association for common main-
tenance and architectural control.
f. indicate timing of building construction and developr.:ent and
name of builder.
g. Provide a tree inventory plan indicating location and size of
shade trees 12 inches and larger. Preserve significant tree
stands with snow fencing.
h. Provide finish floor elevation data.
i. further explanation of exterior building materials.
j. Provide a detailed utiltiy and street design data, subject to
review and approval by the City Engineer and Watershed District.
k. The City and Watershed District must be notified at least 48
hours prior to any site work. All rules and regulations of
the Watershed District shall be followed.
1. Developer install the 5 foot wide concrete walk along Lesley
Lane.
revised development plan dated 5/17/82 in conjunction with the June,
revised brochure responds to items a-1 as follows:
a. Reducing density to 6.7 units/acre from 7.1 units/acre, and
a maximum coverage of 20%.
The revised plan is at a density of 6.2 units/acre and will result in
approximately 11% coverage of the site. This conforms to Ord. 135.
b. Redesigning of ourdoor parking spaces, to provide landscape
screening area.
Parking spaces have been redesigned to provide 12-15 feet of buffer
space between the right-of-way and parking spaces for landscaping.
c. Restrict the parking of recreational vehicles.
Covenants are proposed which will restrict recreational vehicle
parking.
•
I'ti�
•
•
Memo-Edenvale 15 Revised page 3
d. Provide group usable open space and a totlot structure on Lot 4,
Block 2 to be completed prior to the first occupancy permit.
In discussions with the Planning and Community Services Departments,
the developer has agreed to relocate the totlot from Lot 4, Block 2,
to Lot 5, Block 1 adjacent to Edenvale Boulevard. The developer will
be responsible for construction and maintenance of the totlot as per
the Director of Community Services specifications (figure 1). It is suggested
the totlot be platted as an outlot.
e. Establish an overall homeowners association for common maintenance
and architectural control.
The developer has provided information in the brochure regarding the
association and its control over architecture, building, lighting,
etc. Complete documents should be submitted to the City Attorney
for review and approval prior to final plat approval.
f. Indicate timing of building construction and development and name
of builder.
It is noted in the revised material that nod Anderson, Co. Inc. is the
expected builder of the townhouses and Richard Hi pps for the four and
eight plexes. Construction is expected to take three to four years.
g. Provide a tree inventory plan indicating location and size of
shade trees 12 inches and larger. Preserve significant tree
stands with snow fencing.
A tree inventory.was submitted to the Planning Staff (see figure 2).
The developer has comnitted to preserve single significant designated
trees and areas of trees designated on the plan. Thirteen large existing
trees will be preserved. ( 2 elms 20-24", 1 cherry 12", 1 basswood 31",
1 ash 16", and 8 oaks 16-27") see figure 2.
h. Provide finish floor elevation data.
A revised grading plan has been submitted and will be reviewed in detail
in conjunction with utility plans by the City Engineering Department.
i. Further explanation of exterior building materials.
The submitted material states:
"Prin y Building Materials - will be consistent with sound
building construction standards. Generally, the character
will be to create a warm, maintenance-free style at the sane
time being sure that the color schemes are coordinated in soft
tones and are compatible with surrounding areas and the natural
environment. The primary building materials will be wood and
brick or other low-maintenance material."
The elevations submitted depict wood, brick and stucco.
�__OLP I.
•
Memo-Edenvale 15 Revised page 4
ti
ity and
j. Provide a detailed
rovalubylthe CitysEngineer design
and Watershed subject
review and aip District.
To be provided prior to final plat.
ied at
k. hoursipriordttouanyshed site0work.ctAllsrulesnandfregulationstof8the
Watershed District shall be followed.
This obligation will be covered in the Developer's Agreement.
1. Developer install the 5 foot wide concrete walk along Lesley Lane.
This has been committed to by the developer in the brochure and will
be included in the Developer's Agreement.
REVISED SITE PLAN
Parkin
The revised sire plans shows 106 enclosed parking stalls and 131 outside
parking stalls. The total of 237 is 2.2 stalls per unit.
Utilities
Utilities r
are shown upCoytr line off Patric
property
line
ia northern
should
street as eque°.ted byy City.. The water
be extended to the east property line also.
Easements over the utilities must be submitted to the City Engineer
for review and approval.
•
Tranvertation
Access to the development will be via the connection of Lesley Lane
to the west(Edenvale 14), and to the south via Edenvale Boulevard.
Edenvale Boulevard is currently constructed to Woodhill Trail and
continuation to Birch Island Road is anticipated in 19B3 by the
City Engineering Department.
The project will add approximately 850 average daily trips.
When Edenvale Boulevard is improved and extended to Birch Island Road
it will be able to handle approximately 7,000 average daily trips.
• F
n a9
^4
Memo-Edenvale 15 Revised page 5
RECOMMENDATIONS
•
The Planning Staff would recommend approval of the revised
Edenvale 15 plan dated 5/17/82 subject to the following:
1. Proposed covenants, including but not limited to
architectural control, building and ground maintenance,
and recreational vehicle storage, be submitted to the
City Attorney for review and approval prior to City
issuance of any building permits.
2. Developer must construct the totlot upon lot 5 , block 1,
prior to the occupancy of units. Maintenance must be provided
by developer until such time as totlot is turned over to the
home owner's association.
3. Prior to Building permit issuance that detailed utility plans be
submitted to the City Engineer for review and approval , and a
detailed landscaping plan be submitted to the City for review
and approval.
4. Prior to any site grading that individual trees identified to
be preserved and stands of trees identified to be preserved,(fig.2),
must be protected by snow fencing. Such fencing shall remain
in place until the site is restored.
5. Provide a detailed utility and street design data, subject to
review and approval by the City Engineer and Watershed District.
•
•
'6. The City and Watershed District must be notified at least 48
hours prior to any site work. All rules and regulations of the
Watershed District shall be followed.
7. Developer install the 5 foot wide concrete walk along Lesley
Lane.
8. EY , '11
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. C l�A. h�- e.it wt t
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•
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„ : ;�'/ ,S �' 1 :�. \ preserved
I / '-�K ,�1 •• . buildings to be shifted 11
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, : 1 ,., ii (
Edenvale PUD
Development
CITY OF [DEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 82-176
A RESOLUTION APPROVING THE DEVELOPMENT OF PLANNED
UNIT DEVELOPMENT 70-03 OF EDENVALE
WHEREAS, the City of Eden Prairie has by virtue of Drdinance 135
provided for the Planned Unit Development (PUD) of certain areas located
within the City, and
WHEREAS, the Edenvale 15th Addition is considered a proper amendment
to Edenvale's PUD and the Comprehensive Guide Plan, and
WHEREAS, the City Planning Commission did conduct a public hearing
on Edenvale 15th Addition's Development and considered the Equitable Life
Assurance Society of the United States' request for approval for develop-
ment and variances and recommended approval of the requests to the City
Council, and
WHEREAS, the City Council did consider the request on July 20, 1982.
NOW THEREFORE BE IT RESOLVED, by the City Council of Eden Prairie,
Minnesota, as follows:
1. The Edenvale 15 Addition development of PUD 70-03,
being in Hennepin County, Minnesota, and legally
described as Outlot D, Edenvale 3rd Addition.
2. That the City Council does grant PUD Development
approval as outlined in the application material
dated June, 19B2.
3. That the PUD Development meet the recommendations
of the Planning Commission dated June 28, 1982.
ADOPTED, by the City Council of Eden Prairie this day of
, 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Franc, City Clerk
SEAL
IL1VI
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 82-177
RESOLUTION APPROVING THE PRELIMINARY PLAT
• • OF EDENVALE I5TH ADDITION
DE IT RESOLVED•by the Eden Prairie City Council as follows:
That the preliminary plat of Edenvale 15th Addition
. dated 6/1/82 , a copy of which is on file at the City Hall
• and amended as follows:
•
•
is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances and amendments thereto and is herein
'approved.
• ADOPTED by the Eden Prairie City Council on the •\ day of
• 19
Wolfgang H. Penzel, Mayor
•
John D. Frane, City Clerk
SEAL
•
• d
OW-
•
July 20, 1982
;TATE OF MINNESOTA
;ITY OF EDEN PRAIRIE
:OUNTY OF HENNEPIN
the ..slowing accounts were audited and allowed as follows:
2715 PARKWAY SKATES Equipment rental-Teen Volunteers $ 44.00
2716 INSTY PRINTS Forms-Community Services 27.1S
2717 HOPKINS POSTMASTER Postage-Utility billing 156.5?
2718 UNIVERSITY OF MINNESOTA Expenses-Coianunity Services 73.50
2719 MINNESOTA ASSN. OF CIVIL DEFENSE Fee-Public Safety 3.00
2720 JUDY GARRISON Instructor-Gymnastics 266.00
2721 OLD PEORIA COMPANY, INC. Liquor • 1,522.8F
2722 INTERCONTINENTAL PACKAGING CO. Wine 192.39
2723 ED. PHILLIPS & SONS CO. Liquor 2,513.42
2724 CAPITOL CITY DISTRIBUTING CO., INC. Wine 560.43
2725 GRIGGS, COOPER & CO., INC. Liquor 4,436.10
2726 MIDWWEST WINE CO. Wine 1,934.5C
2727 JOHNSON BROTHERS WHOLESALE Liquor 1,496.2i.
2728 MINNESOTA DISTILLERS, INC. Liquor 1,191.86
r?29 PETTY CASH Change fund-Round Lake 30.00
2730 WILD MOUNTAIN/ALPINE SLIDE Expenses-Recreation Dept. 685.00
2731 SUPPLEE'S 7 HI ENTERPRISES, INC. July rent 3,212.87
2732 MINNESOTA DEPARTMENT OF P/S Motor vehicle registration 3.25
2733 , REGION 12 K-9 TRIALS Registration fee-Police Dept. 70.00
2734 MCGIIRIES Expenses-Police Dept. 392.00
2735 MURPHY MOTOR FREIGHT LINES, INC. Freight charges-Police Dept. 114.60
2736 ED. PHILLIPS & SONS CO. Liquor 3,154.7?
2/2 TWIN CITY WINE CO. Wine 1,072.C1
2736 JDHNSON BROTHERS WHOLESALE Liquor 2,141.10
2739 ' INTERCONTINENTAL PACKAGING CO. Wine 589.45
2740 OLD PEORIA CDI•IPANY, INC. Liquor 1,138.93
2741 GRIGGS, CDOPER & CO., INC. Liquor 1,527.33
2742 WENDY BURNS CARLSON Instructor-Swimming 151.6C
2743 FEDERAL RESERVE BANK Payroll 17,812.6
2744 COMMISSIONER OF REVENUE Payroll 7,860.8';
2745 AETNA LIFE INSURANCE & ANNUITY Payroll 101.00
2746 MINNESOTA STATE RETIREMENT SYSTEM Payroll 40.00
2747 GREAT•WEST LIFE ASSURANCE Payroll 2,405.00
2748 UNITED WAY OF MINNEAPOLIS Payroll 73.50
2749 INTERNATIONAL UNION OF OPERATING Dues 392.0C:
2750 PERA • Payroll 13,272.1'
2751 ACRO-MINNESOTA, INC. Office supplies 356.75
2752 CHRIS ALLMANN Refund-Recreation Dept. 9.00
2753 AMERICAN LINEN SUPPLY CO. Service 8.65
2754 AMERICANN NATIONAL BANK OF ST. PAUL Service 25.00
2755 AMERICAN SCIENTIFIC PRODUCTS Service-Water Dept. 26.2E
2756 EARL F. ANDERSEN & ASSOCIATES, INC. Street Signs 835.7E
2757 BARB ANIBLE Mileage 170.0::
2758 AQUAZYME MIDWEST Service-Recreation Dept. 65.20
2759 ASSOCIATED ASPHALT, INC. Blacktop 12,604.5c
2760 DANIEL ASZMANN Refund-Soccer 6.O0 '
274' ATTRACTA SIGN, INC. Signs-Park Maintenance 60.00
27i BSN CORP. Supplies-Rec Dept. 77.8`, .
2763 STEVEN BERG Refund-Recreation Dept. 5.01'
2764 BEN BIEBEL Refund-Recreation Dept. 9.0c
2765 CHRISTIAN BIELEFELDT Refund-Soccer 6.Oe
2766 CITY OF BLOOMINGTON Service 370.00
ii
•
!lily 20, 1982
sage two
276: BLOOMINGTON LOCKSMITH COMPANY Service-Liquor Store/Prairie Village Mall 50.50
2768 BOARO OF ASSESSORS License fee-Assessing Dept. 24.00
?769 BRAUN ENGINEERING TESTING, INC. Service-Creekview Estates, Mariann Drive, 982.9Z
Schooner Blvd.,
2770 SONJA BROWN Refund-Soccer 6.00
2771 BROWN PHOTO Film-Community Services 399.5!.
2772 BRYAN ROCK PRODUCTS, INC. Rock 3,978.E
2773 ROZ 8URNSTEIN Mileage 28.2'.'
2774 TONY BUSCH Service-Community Center 100.00
2775 BUSINESS FURNITURE, INC. Equipment repair-Police Dept. 29.00
2776 BUTCH'S BAR SUPPLY Supplies-Liquor Stores 100.25
2777 STEPHEt: CALHOON Mileage 57.2S
2778 CARDOX CORPORATION Carbon dioxide gas-Water Dept. 1,68D.6!.
2779 CHANHASSEN BUMPER TO BUMPER Equipment repair & parts 891.3`.
2780 CHAPIN PUBLISHING COMPANY Legal ads 776.91
2781 .CHEMLAWN Service-Public Works 113.60
2782 CLUTCH & TRANSMISSION SERVICE Equipment repair & parts 12.28
2763 COMPUTER ELECTION SYSTEMS Equipment maintenance 279.00
2784 COPY EQUIPMENT INC. Supplies-Park Maintenance 8.70
2785 COUNTRY CLUB MARKET, INC. • Coffee 64.62
2786 CUSHMAN MOTOR COMPANY, INC. Equipment parts 48.75
27B7 CUTLER-MAGNER COMPANY Quicklime-Water Dept. 5,433.27
2788 DAHLEN SIGN COMPANY Signs-Park Planning 374.E+0
2789 DONOHUE ENGINEERS & ARCHITECTS Service-B F I expenses 863.0i.
27,1n DORHOLT PRINTING Office supplies 9l.' '
271 DRISKILL'S SUPER VALU Supplies-Round Lake, Community Center 237.'r
2792 EDEN PRAIRIE SANITATION CD. Service-Liquor Store/Preserve 50.O0
2793 EDEN PRAIRIE SANITATION CO. Service-Community Center, Water Dept, City 145.E
Hall
2794 EDEN PRAIRIE SCHOOL DISTRICT #272 Service-Custodial & fuel 5,267.15
2795 CITY OF EDINA Tests 81.0C
2796 EMPIRE-CROWN/AUTO, INC. Equipment parts 25.38
2797 ESS BROTHERS & SONS, INC. Equipment parts 290.01;
2793 LYNN FAHLEN Refund-Tennis 5.00'
2799 FEDERAL EXPRESS Freight charges-Community Services 29.0, '
2800 FEED-RITE CONTROLS, INC. Sulfate-Water Dept. 3,502.00
2801 FIRE CHIEF Subscription-Fire Dept. 17.Dis
2802 FIRE INSTRUCTOR'S ASSN. OF MINNESOTA Dues-Fire Dept. 100.0c'
2803 FLYING CLOUO OIL CO. Fuel 3,207.0.
2804 JAN FLYNN Mileage 95.20
2805 FRONTIER LUMBER & HARDWARE Lumber-Park Maintenance 228.3''
2806 DAVIO FURST Refund-Swimming 7.0
28D7 G & K SERVICES Service 76.9
2808 G.L. CONTRACTING, INC. Service-Hwy 169-Henn Vo-Tech 1,851.0
2809 GENERAL COMMUNICATIONS, INC. Equipment repair & parts 4D5.9"
2B10 GENERAL ELECTRIC COMPANY Portable radio's-Public Safety 2,178.0
2811 GENERAL REPAIR SERVICE Sump pumps-Water Dept. 744.9'
2812 GENERAL SPORTS Shirts-Rec Dept. 330.0'
2813 YVONNE GOFF Mileage-Forestry Dept. 200.0
28- OALE GREEN CO. Sod-Street Maintenance 10.i',
2b GUNNAR ELECTRIC COMPANY INC Equipment repairs 40.1
2816 HAYDEN-MURPHY EQUIPMENT CO. Hitch-Park Maintenance 88.(r
2817 IHOPKINS DODGE SALES, INC. Equipment repair & parts 139.71
2818 LORI IIELMER • Mileage 1.5
2819 HENNEPIN COUNTY TREASURER Supplies-Park Maintenance & Street Maint. 130.E9.
01011
•
ly 20, 1982
ge three 238.24
120 HENNEPIN COUNTY RACTOER
Supplies 1,238.2
t21 HENNEPIT COUNTY DIRECTOR DF PROPERTY EquiServPcenWatert tD Dept.
Dept. 1,570.50
',23 HONEYWELL INC Equipment repair & parts 604.97
;23 HOPKINS PARTS CO. 7.00
324 SARA HYLLAND Refund-Swimming 133.497
Equipment parts 12,974.00
325 IMPERIAL,EXCAVATINGINC. Service4.0
827 INTERDESIGNN I . Service-P/S & P/W Building 319.40
827 LTC. Dues-Fire Dept. 6.00
828 JEFFFFkJOHNSON CONFERENCE Refund-Soccer 6.00
829 JOHNSON Refund-Recreation Dept.
8301 KARULFJOHN JOHNSON Bolts & nuts, belt, hose, sprinklers, keys,1,908.95
g31 HARDWARE INC. padlock, paint, lamps, level, rope, chain,
batteries, drill, car wax, staples, faucet,
grease, plastic, concrete, hooks, bug spray
hammer, tape, broom, shelves, wastebaskets,
coffee pot, glue, soldering gun 14.00
Refund-Val leyfai r B1 00
?833 • MARY KENYONIXConcession stand supplies-Round Lake 3B1.60
?833 KOHLERAM MIX HOMECENTERSPECNTIS Ladder, wrench, sprayer, 326.89
?834 GUSTI. S LAGERQUIST & Service-Water Dept. 60.24
?835 GUST.A & SOEQ, INC. 94 65
?836 LAKELAND ENGINEERING EQUIPMENT CO. Equipmelntt parts pt 60,751.QC
2837 M.E. LANE,EQUIPMENT,IC. INC. Insurance_Werkmans Compensation 751.00
283B M.E. INC. Legal service-Schooner Blvd. 7,639 40
2849 LANG, PAULY & GREGERSON LTD. Legal service 979.4C
284 LANG,BROTHERSOTHY & INC.CGEnSOir LTD. Service 4.5E
28412 MATHEWTF II Refund-Swimming
2842 LEVI 9.Of1
2843 MICHELE LINDSEY Refund-Swimming 149.00 '
Equipment repair & parts
2844 LONG LAKE FORD TRACTOR 539.4f`
Equipment-Community Center 5390
2845 MTS NORTHWESTNE EQUSOUIPMENT
INC. Hose-Water Dept. 118.578.57
2846 MATT'
TOUIPMVNC INC. Towing service
2B47 P111TT'S AUTO SERVICE, INC. 260.0v
2848 PETER MAYOU Mileage-Forestry Dept. 27.3E
2849 MEDICAL OXYGEN & EQUIPMENT CO. Oxygen-Fire Dept. 127.3C
Forms-Forestry Dept. 18 7'
28502851 METROPOLITANETRO PRINTINGFIRE INC. Chemicals-Fire Dept. 857.9;
COMPANYEQP1NENT CO. Concession stand supplies 866.9:
2852 MIDLANDMIDWEST PRODUCTSA PORA Blacktop 97.11
28532854 MINNESOTA ASPHALT CORPORATION Service 97.7',
MODERN GAS COMPANY Equipment parts 192.3
2855 . TIRE &COMPANY Rock 174.3:
28562857 MU. MUELLERIA & SONS INC. Dues-Liquor Stores 125.0i
2858 MUNICIPAL LIQUOR WHOLESALESTOLES ASSOC. Trees-Topview Park 140.0
MINNESOTA. VALLEY INC. Refund-Recreation Dept. 7 0`
2859 SCOUT A. NELSON Refund-Swimming 6,363.370
2860 MERI JANE NAlLSSBITT Service
2861 NORTHERN STAIRS POWER CO. Service 3,031.'i
2862 NORTHWESTERN BELL TELEPHONE CO. 31.b'
2663 NORTHWESTERN NATIONAL BANK OF MPLS. Bond payment 49.'.
Office supplies 270.f.
20 OFFICE PRODUCTS OF MINNESOTA Lights-Water Dept.
2L PATCO COMPANYPEPSI/7-UP Pop-Round Lake & Community Center Concession 105.(
2857285 BOTTLING CO. Softball official 154.t•
RALPHRAI PEREZ 43.,
2868 PRAIRIE ELECTRIC COMPANY, INC. Service
13.0
2869 PRAIRIE OFFICE PRODUCTS, INC. Refund-Dogi liesience
2870 MARY QUINLIVAN
. t(U)c
•
July 20, 1982
'age four
287'. RAINBOW SIGNS INC. Signs-Police Dept. 40.00
2872 R & R SPECIALTIES INC. Service-Community Center 53.21
2873 RECREONICS Supplies-Community Center 55.50
2874 DAVID RICHARDSON Mileage 8.00
2875 R C M Service-Valley Place Offices, Viking 32,597.9u
Press Drainage, Sunset Trails, Westwood
Ind. Park, Autumn Woods, Ontario Blvd.,
Valley View Road, Franlo Road & Preserve
Blvd., Schooner Blvd., Rymarland Camp
2876 KEVIN ROHE Mileage 5.15
2877 KEEL ROSS Refund-Recreation Dept. 3.00
2878 ST. PAUL POLICE PISTOL CLUB, INC. Supplies-Police Dept. 90.00
2879 SAILOR NEWSPAPERS, INC. Ads-Liquor Stores 105.60
2880 SATELLITE INDUSTRIES, INC. Portable restrooms 2,654.3
2881 SEARS Grinding wheels-Park Maintenance 29.60
2882 KATHERINE SEMPLE Community Band Director 120.00
2883 JESSICA SHAEFER Refund-Racquetball 9.00
2884 SHAKOPEE FORD, INC. Equipment parts 63.00
2885 AMY SIMONS Refund-Skating 22.00
2886 W. GORDON SMITH CO. Oil, windshield wash, parts 252.92
2887 SNOWDRIFTERS SNOWMOBILE CLUB Expenses 700.00
2888 SOUTHWEST SUBURBAN PUBLISHING INC.' Legal ads 637.7z,
2889 STAR & TRIBUNE NEWSPAPERS • Ads 83.79
2890 STATE OF MINNESOTA Fee-Water Dept. 20.00
2891 DEBORAH STAUB Refund-Recreation Dept. 3.00
289. CON STREICHER GUNS, INC. Supplies-Police Dept. 20.Z:'
2893 KRIS STETTER Mileage 5.00
2894 SUPPLEE ENTERPRISES, INC Supplies-Liquor Store/Preserve 8.75
2895 TARGET STORES Supplies-Recreation Dept. 59.74
2896 RICHARD TAYLOR Refund-Recreation Dept. 8.00
2897 CARRIE TIETZ Service 31.50
2898 TRIARCO ARTS & CRAFTS Supplies-Leisure Challenge 215.14
2899 TWIN CITY PRICING & LABEL Supplies-Preserve 55.46
2900 ADAM TUBBS Refund-Swimming 7.00
2901 TYPE HOUSE+DURAGRAPH Supplies-Park Planning 29.17
2902 UNITED LABORATORIES Cleaning supplies 279.9i
2903 VAN WATERS & ROGERS Chemicals-Community Center & Water Dept. 840.6c
2904 VALLEY EQUIPMENT CO. Equipment repair & parts 882.8,
2905 VALLEY INDUSTRIAL PROPANE, INC. Gas cyclinder-Community Center 134.9,'
2906 VAUGHN'S Flag-City Hall 151.0
2907 VESSCO, INC. Equipment parts 5.00
2908 VICTORIA GAZETTE Ads-Liquor Stores 30.O'
2909 VILLAGE SANITATION, INC. Service-Liquor Store/Preserve 50.0(
2910 WATER PRODUCTS COMPANY Equipment parts, meters 1,670.4
2911 PAUL WEIGENANT Softball official 110.0:
2912 SCOTT WELLS Refund-Recreation Dept. 30.Ou
2913 WEST PRAIRIE NURSERY Plastic-Park Maintenance 6.47
2914 WESTERN IRRIGATION, INC. Pipe-Park Maintenance 8.0(s
2915 PAT WYMAN Mileage 7.1;:
291" XEROX CORPORATION Service 234.7n
291. DENNIS ZADLO Mileage 180.th
2918 ADVANCE AMBULANCE & EQUIPMENT Equipment-Fire Dept. 415.7.
2919 A. K. CONSTRUCTION, INC. Service-Water Supply Wells # 4, 5 & 6 40,151.
2920 BARRAROSSA & SONS, INC. Service-City West Parkway 31,85D.4
2921 BARBAROSSA & SONS, INC. Service-Water Treatment Plant 103,484.4 ;
2922 F.F. JEDLICKI, INC. Service-Mariann Drive 24,234. +.
{t,rnln
•
July 20, 1982
Page five
297 KENKO, INC. Service-Sunnybrook Road 24,924.4C
292, RICHARD KNU1SON, INC. Service-Valley Place Office Park 18,094.9?
2925 MINN-KOTA EXCAVATING, INC. Service-Well Collector Line 15,778.5_
2926 VOID OUT CHECK
2927 0 & P CONTRACTING, INC. Service-Autumn Woods Addition 48,086.62
2928 PITTSBURG-DES MOINES CORPORATION Service-Elevated Storage Reservoir 4,339.V
2929 SHAFER CONSTRUCTION COMPANY Service-Anderson Lakes Parkway 2,000.0C
2930 BEER WHOLESALERS, INC. Beer 8.503.1E
2931 CAPITOL CITY DISTRIBUTING CO. Beer 67.80
2932 CITY CLUB DISTRIBUTING CO. Beer 2,989.65
2933 COCA COLA BOTTLING CO. Mixes 488.35
2934 DAY DISTRIBUTING CO. Beer 5,266.32
2935 EAST SIDE BEVERAGE CO. Beer 12,509.57
2936 GOLD MEDAL BEVERAGE CO. Mixes 141.70
2937 KIRSCH DISTRIBUTING CO. Beer 172.25
2938 A.J. OGLE CO., INC. Beer 1,258.87
2939 'PEPSI COLA Mixes 425.85
2940 THORPE DISTRIBUTING CO. Beer 10,421.00
2941 STATE REGISTER & DOCUMENTS Books-Police Dept. 50.00
2942 HOME MANAGEMENT SYSTEM Refund-Water & Sewer bill 7.33
2943 L & L MFG. CO. Refund-Water & Sewer bill 8.43
2944 REALTY CENTER, INC. Refund-Water & Sewer bill 8.94
2945 NORTHDALE CONSTRUCTION CO. Service-West 70th Street 139.87
2946 PROGRESSIVE CONTRACTORS, INC. Service-Valley View Road 6,244.3C
17 EDEN PRAIRIE COMMUNITY THEATRE Expenses-Sunbonnet Days 50.00
FIRST NATIONAL BANK OF ST. PAUL Land-Valley View Road 103.359.02
294y HENNEPIN COUNTY DIRECTOR OF PROPERTY Service-Schooner Blvd. 8l,296.9'-'
2950 HENNEPIN COUNTY DIRECTOR OF PROPERTY Service-Schooner Blvd. 52,910.0C
2951 FORD MOTOR CREDIT COMPANY Land-Valley View Road 2,000.0E.
2952 MADELINE SCHULTZ Earnest money 10,000.00
2953 PAUL'S LANDING Canoe rentals-Recreation Dept. 194.00
TOTAL $879,408_07
i
'ti(
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 82-175
A RESOLUTION SUPPORTING HENNEPIN COUNTY'S
LANDFILL DISPOSAL ABATEMENT PROPOSAL
WHEREAS, the City of Eden Prairie has been a site for solid waste
disposal for the past 10 years which has removed hundreds of acres from
development and has produced undesirable effects upon surrounding residents and
properties, and
WHEREAS, the City of Eden Prairie supports the research of alternate
strategies to reduce the need for, and practice of, landfill disposal
of solid waste, and
WHEREAS, the Hennepin County Department of Environment and Energy
has prepared a draft copy for review and comment titled 'Landfill Disposal
Abatement Proposal' dated June, 1982.
NOW THEREFORE, be it resolved by the Eden Prairie City Council that
the strategies outlined in the Landfill Disposal Abatement Proposal are
important courses of action if landfill disposal is to be significantly
reduced.
BE IT FURTHER RESOLVED, that the Eden Prairie City Council supports
the study of Landfill Disposal Abatement Proposal dated June, 1982 and
hereby requests to be further notified and involved in the final draft
process.
ADOPTED, this day of _ , 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. franc, City Clerk SEAL
t.
MEMORANDUM
TO: Mayor and City Council
11IRU: Carl Jullie, City Manager FROM: Jan Flynn, Human Services Coordinatorjr
DATE: July 14, 1982
SUBJECT: SHHSC Request for Local Funding
• On July 12, 1982, the Human Rights and Services Commission m^t with Russ
Stricker of MISC. Mr. Stricker handed out the two enclosed handouts. He
went through the funding request handout with the Commission. Lockman then
asked for an update on the area wide committee for the Comprehensive Study
and the other communities. Stricker said that the area wide board has not
yet met. He's expecting to complete a status report in October, thus he
hopes they will meet possibly in August. He then updated the Commission on
the other boards responsible for the Study Implementation in the other three
cities. Lockman then asked for an update on the information the Commission
requested from SHIISC in March. Mr. Stricker said he will supply the Commission
with the following items:
- Status Report on the Comprehensive Study in the four cities by
August 11th
- Copies of the school and church recommendations
- Census data available on the four cities
- Xerox copies of: Public Opinion Study •
• Key Informant Survey
The Final Report (the part done)
An update on the: Menk Force
tal Health ily cTask e �Force (if available)
- Revised 1982 Budget
- Audit for 1981 and 1982 (when finished)
Because the Commission had requested a number of these reports pr uslyscnt
they would like to recommend that the first payment of funds ($2,ev5)
to South Hennepin human Service Council upon receipt of the reports Mr. Stricker
said he would provide. Without these reports, the Human Service Needs Board
is unable to maintain their time line or implement a number of the Study
recommendations. The Council's support and cooperation in this decision will
help the human Needs Board and the human Rights and Services Commission continue
to implement the Comprehensive Study and serve effectively the residents of
Eden Prairie.
JF:md
{
S _
H '
• SOUTH HENNEPIN HUMAN SERVICES COUNCIL,
serving
8loommgMn
• Eden Panne
• Edina
AlchheW
June 16, 1962
Carl Jullie
City Manager
City of Eden Prairie
6950 Eden Prairie Road
Eden Prairie, MN 55344
Dear Carl:
I am requesting one-half ($2,665) of Eden Prairie's
appropriated financial contribution of $5,330 to South
Hennepin Human Services Council's 1982 Fudget. If
possible, we would appreciate receiving the second pay-
ment of $2,6u5 at the beginning of the fourth quarter,
October 1, 1982.
As a member City of our Joint Powers Agreement, Eden
Prairie's continued financial supportand participation
are extremely important in continuing to make possible
the services provided by the Human Services Council.
If at any time you would like me to review our services
with the City Council, I would be glad to do so.
Again, thank you for your continued support.
Sincerely,
Russ Stricker
Executive Director
RS/jmd
CC: Jan Flynn
Paul Redpath
•
J;PII •
s 11
li =1_--- n
r
H I -----'----•-- SOUTH HENNEPIN HUMAN SERVICES COUNCIL
/
serving
Bloominalon
. (den P,ao ie
Edna
July 12, 1982 Alchheld
TO: Eden Prairie Human Fights and Services Commission
FROM: Russ Stricker, Executive Director
RE: 1982 Funding Request
As you requested enclosed is d copy of our Goals and Objectives and our
Program Priorities for 1982. As a member city of South Hennepin Joint
Powers Agreement I believe all of our services benefit directly or in-
directly the residents of Eden Prairie. The 1981 Report and the recent
June - July Update highlight our services.
I will breifly summarize some of them and mention how I think they
benefit Eden Prairie.
In the area of mental Health SHHSC along with West Council was success-
ful in developing the first sl;burban residential treatment program.
Although the program is located in Bloomington, priority services are
given to South Hennepin. residents. Also SHHSC assisted in Family and
Children's Service in obtaining County funding to locate a counselor
in Eden Prairie along with Fairview Southdale's new Family Consultation
Center. The South Hennepin Mental Health Advisary Committee continues
to identify service needs and explore the development of need services
for our area.
The completion of the Comprehensive Study will continue to benefit
Eden Prairie. The Study is the base from which further development
can occur by providing ground work in the determination of met and
unmet human service needs in Fden Prairie. The volunteer cooperation
and coordination which cane about through the work on the Comprehensive
Study will also assist Eden Prairie in maintaining a truly cooperative
community based planning process.
Recently SHHSC developed it's Emergency Assistance Program which both
P.R.O.P. and the Eden Prairie Public Safety are participationg members.
This program brings S30,000 worth of emergency food, shelter, clothing
and transportation to South Hennepin residents.
Parkview Treatment Center, Inc. recently opened Parkview West in Eden
Prairie. SHHSC played an important role in the development of this
program and will continue to work with them to ensure that needed
services are provided to the connwnity.
•
(:4. , .
1
•
SHHSC has expanded our efforts in strengthening volunteerism through our
sponsorship of SHAVR (PROP is a member agency).
SHHSC was responsible for advocating for and administering the free cheese
program in which many Eden Prairie residents benefited.
The SHHSC administers the Energy Assistance Program and the H.O.h'..E.
program which serves low income, handicapped and elderly residents in
Eden Prairie.
The Family Violence Task Force sponsored by SHHSC has developed and
redirected services to better serve the needs of battered women and
children in our area. For example, there are two self-help groups
available to battered women on a weekly basis and in addition a self-
help grtup for men in violent relationships is being organized for the
South Hennepin area.
•
The Learning Exchange Program was also developed by SHHSC along with
South Hennepin Adult Programs in Education. This program has increased
the involvement of adult participants of mental health and chemical
dependency treatment programs in adult education programs through the
four city area.
The Citizen Participation process developed by SHHSC provides for the
input of Eden Prairie into Hennepin County's CSSA planning process.
SHHSC also serves as an access point for information about Hennepin
County Services.
SHHSC also continues to advocate for local services such as Storefront
Youth Action, Fairview Southdale detoxification and receiving center,
South Hennepin Family and Children's Service, Janus, and Hennepin County
decentralized I & R services.
I believe all these services are important to Eden Prairie and I am asking
for your continued support in maintaining them in your community.
R.S.
}
)0L
1
SOUTH HENNEPIN HUMAN SERVICES COUNCIL
SUMMARY PARACRA_PH - South Hennepin Human Services Council was formally
estalalished in 1471 by a Joint Powers Agreement among the four Cities of
Bloomington, Eden Prairie, Edina and Richfield. The purpose of the agree-
ment was to provide a mechanism through which these communities could
jointly and cooperatively plan, develop, coordinate and provide human
services which were responsive to the needs of its residents. The Council's
services are divided into five program areas. They include: 1) Community
Planning and Coordination, 2) Citizen Participation, 3) H.O.M.E. (Household
and Outside Maintenance for Elderly), 4) Energy Assistance and 5) Food and
Nutrition.
TARGET POPULATION_ - The planning, coordination and public education acti-
vities of the Council are provided for the benefit of the residents of
Bloomington, Eden Prairie, Edina and Richfield.
SERVICES - Since the beginning of the Council, the basic philosophy has
Se en that human services are most effective it they are community-based.
• This means that local involvement should be part of every aspect of the
services provided no matter if they are provided by the County, the Cities
or a private vendor. In an attempt to accomplish this, the Council provides
five primary services: 1) identifying and prioritizing human service needs,
2) integrating and coordinating existing and new services, 3) developing
and providing community-based services to special needs groups, 4) providing
consultation to the Cities, County and area agencies and 5) providing public
information and education.
STAFF - The staff of a Council consists of a Executive Director, Director of
Projects, Community Planners, Clerical personnel and project staff, e.g.,
home maintenance workers, homemakers, outreach and intake workers and
eligibility technicians. The administrative staff have educational and
professional training in planning, research, community organizin; and social
services administration. The staff is made up of a variety of full and
part-time positions equally or equivalent of 11 full-time positions.
Volunteers and student interns make a significant contribution in carrying
out Council activities.
FACILITY - The office is located in Creekside Community Center, Room 100,
9801 Penn Avenue South, Bloomington, MN 55431,.telephone number (612)
888-5530.
PLACEMENT PROCEDURE - Intake procedures for direct service components of
program: areas vary but phone contact will initiate service from all referral
sources. Placement procedure for community planning and coordination
activities are not applicable.
FUNDING SOURCES - Hennepin County, South Hereepin Cities of Bloomington,
Eden Prairie, Edina and Richfield, Metropolitan Council Area Program on
Aging, State and Federal grants and private contributions.
•
I,, lj0 •
INTRODUCTION 1
In 1971 the South Hennepin Human Services Council was formally established
•
by a Joint Powers Agreement among the four Cities of Bloomington, Eden
Prairie, Edina and Richfield. The purpose of the agreement was to provide
a mechanism through which these communities could jointly and cooperatively
plan, develop, coordinate and provide human services which were responsive
to the needs of ics residents. To accomplish this purpose the South
Hennepin Human Services Ccouncil provides a variety of services which, for
administrative and budgeting purposes, are divided into five program areas.
They include: 1). Community Planning and Coordination, 2). Citizen Parti-
cipation, 3). H.O.M.E. (Household and Outside Maintenance.for Elderly),
4). Energy Assistance and 5). Food and Nutrition.
Because of the reduction in Hennepin County funding for 1982, the
services of the Human Services Council will have to be significantly
reduced. Nevertheless, the Board of Directors believes it is important to
maintain some of the basic services of the Council. This, of course, can
only be done by making up for some of the County's reduced funding through
additional support from the municipalities. To this end the Board of
Directors, at their October 28, 1981 meeting, approved a revised 1982
Budget. They also reassessed and prioritized the activities/services of
the Human Services Councils. This prioritization is included in this
report.
Despite the need to separate services and expenses by program areas for
accounting purposes, the activities of the Council are not mutually
exclusive, i.e., one program is very much dependent upon the existence
and continuation of other programs in terms of cost effectiveness and
staffing continuity. The 1982 Revised Budget approved by the Board of
Directors includes a significant staff reduction over 1982. Because this
reduction will have a major impact on service capabilities and productivity,
the basic services of the Council can be maintained in 1982 only if the
Cities are willing to increase their financial support to the amount
requested. In 1982 Hennepin County will fund less than 50% of the cost
of providing planning and coordination services on behalf of the South
Hennepin area. In the case where the municipalities cannot fund the
full budgeted am,:.Ant the Council will reduce its services based on the
prioritization process.
1A
.
14,}-
COMMUNITY PLANNING AND COORDINATION: 1982 PROPOSED SERVICES
0 e /9P/
•
Goal I: Assist Hennepin County and the Municipalities in planning, developing,
promoting and evaluating human services in the South Hennepin area.
Objective A: Assist Hennepin County in developing and implementing
County human services that meet local needs in Soutn
Hennepin area.
Methods:
1. Provide input to Hennepin County regarding local needs and
priorities for CSSA plan.
2. Promote and interpret the recommendations of "The Comprehensive
Study of Human Service Needs in South Hennepin Area".
3. Determine most appropriate methods of providing services.
Objective B: Assist Hennepin County and the Municipalities in carry-
ing out their responsibilities under the Community
Health Services Act.
Methods:
1. Assist Hennepin County and the municipalities in providing public
information relating to community health services.
2. Provide information to the County and Municipalities for purposes
of preparing their annual plan.
3. Provide input to County and municipal staff in the development of
needs assessment and evaluation methods.
4. Assist municipalities in evaluating effectiveness of existing
service delivery system for providing public health services.
Objective C: Consult with and provide relevant information to County
and City staff/officials regarding relevant human
service issues or problems.
Methods:
1. Facilitate communications between the County and the Cities regard-
ing priorities and plans in the area or human services.
2. Inform County Board of Council activities and upcoming issues.
3. Provide special reports to the County o.. Municipalities as rey:est-
ed or appropriate.
4. Rotate meetings of the South Hennepin Human Services Council Board
to each City periodically.
1 J J
5. Assist County and municipalities in determining appropriate
implementation of relevant recommendations evolving from
Comprehensive Study.
Goal II: Facilitate coordination, communication and role clarification among
area human service agencies.
Objective_A: Facilitate activities of community volunteers to address
specific issues of coordination among area and County
agencies.
Methods:
1. Sponsor special topic forums on regular and/or intermittent basis.
2. Coordinate activities of ongoing committees, task forces, and
associations having specific concerns with mental health, childcare,
family violence, senior services, volunteers etc.
Objective B: Facilitate working relationships with other planning and
coordination organizations.
Methods:
•
1. Meet regularly with Northwest Human Services Council and West
Hennepin Human Services Council to discuss current projects, future
plans and joint efforts.
2. Establish an ongoing communication link with appropriate County,
State and Metropolitan planning agencies to insure coordination of
effort and regular South Hennepin input in decisions affecting the
area.
3. Participate with the Office of Planning and Development, Community
Services Planning and Evaluation Department, United Way, City of
Minneapolis and Human Services Council in joint planning efforts.
4. Implement appropriate recommendations of the Comprehensive Study
regarding area services coordination.
Goal III: Foster comnurity understanding and awareness of human service issues and
services.
Objective A: Provide information to the community and area professionals
regarding the availability of public health and social
services.
Methods:
1. Update and distribute Mini Directory
2. Develop specialized information pieces as necessary.
3. Speak to local groups as requested.
4. Report findings of Comprehensive Study to appropriate community groups
and public and private agencies.
1-1v9(:)
Objective B: Facilitate development of specific community education
efforts as identified as necessary. R
Methods:
1. Assist local groups to develop community education programs on
specific issues such as: chemical dependency, family violence,
mental health, etc.
Goal IV: Conduct research to identify and prioritize the human service needs of
residents of South Hennepin.
Objective A: Develop research strategies in specific areas as
identified by the community.
Methods:
1. Convene key informant groups on specific issues.
2. Design needs assessment instruments, community surveys, etc.
Objective B: Develop reports and recommendations regarding research
findings.
Methods:
1. Present findings to key community groups.
2. Assist agencies and organizations to take appropriate action on
specific recommendations.
Goal V: Promote the development of needed services for the community.
Objective A: Coordinate community volunteer efforts to identify problem
areas and take appropriate action.
Methods:
•
1. Coordinate and assist volunteers in developing methods to address
needs of target groups.
2. Implement or facilitate implementation of specific recommendations
of the Comprehensive Study.
ObjectiveG: Develop, implement and coordinate community based services
for special need groups.
Methods:
1. Advocate for federal and state financial assistance for a suburban
low-income fuel assistance program and a decentralized model for
distribution of that program.
2. Coordinate low-income program with the South Hennepin County
Financial Assistance office, Natural Resources Corporation, and the
four• municipalities.
3. Continue provision of H.O.M.E. (Household and Outside Maintenance for
Elderly) a chore/maintenance Service for seniors hf2t years or older
until an appropriate sponsoring community based agency is secured.
4. Coordinate In-Home services for Seniors with Bloomington Public
Health Department, Richfield Youth Employment and the private
agencies which service the south Hennepin area.
Effectiveness Indicators
As designated in the Budget Instructions and Forms manual this item does not
reflect or measure the outcome of the Council. Since the activities of the
Council are primarily in the area of community planning, developteent and
coordination of human services the Council does not have such unit output
statistics as number of cases, number of patient days, number of trials etc.
The activities and accomplishments of the Council are reported to Hennepin
County and the municipalities and include such items as implementing a new
24 hour, 7 day a week information and referral service, developing a citizen
participation process for South Hennepin residents, determining and reporting'
on the changing needs of South Hennepin residents, developing and implementing
a residential treatment program for the mentally ill, and providing a process
by which the South Hennepin Cities can coordinate and provide cost effective
services. The Council Board will continue to evaluate, monitor and report on
its activities to Hennepin County and the South Hennepin Municipalities.
00e of the major activities of the Council during 1982 will be implementing the
recommendations of the Comprehensive Study. An evaluation of the Council's
effectiveness in implementing these recommendations will be made at the end of
1962.
•
•
•
•
PRIOrITIZATION OF SOUTH HENNEPIN HUMAN SERVICES COUNCIL 1982 ACTIVITIES
1. Advoca-y for area services
•
Activities include:
a. Assist Hennepin County in developing and implementing County human
.-ervices that meet local needs in the South Hennepin area. Examples:
Citizen Participation, Senior Study, Comprehensive Study, Mental Health •
Advisory Committee, Family Violence Task Force, Joint Task Force to
Develop Mental Health Residential Treatment Program in Southwest
Hennepin County.
b. Consult with and provide relevant information to County and City •
staff/officials regarding relevant human service issues or problems.
Examples: Consultation to Metropolitan Council and Hennepin County Study
on Aging, Consultation to City Commissions such as Edina's Human
Relations Commission, Eden Prairie's Human Rights and Services Com-
• mission, Bloomington's Advisory Board of Health and Richfield's Senior
and Handicapped Commission, review proposals of agencies requesting
to come into the area, preparing reports relating to Comprehensive
Study, providing consultation to United Way, Foundations and City
Councils regarding service needs of our area.
2. Areawide service coordination
Activities include:
a. Facilitate working relationships with other planning and coordination
organizations and facilitate activities of community volunteers to •
address specific issues of coordination among area and County agencies.
Examples: Third Friday, SHAVR, Mental Health Advisory Committee,
Family Violence Committee, South Suburban Child Care Committee. Work
jointly with West and Northwest Human Services Councils, Hennepin •
County Office of Planning and Development, Metropolitan Council, Hen •
-
nepin County Community Services Planning and Evaluation Department and
United Way.
3. Implementation of Study Recommendations •
Activities include:
a. Assist Hennepin County and municipalities in implementing recommenda-
tions of Comprehensive Study. Report findings of Comprehensive Study
and results of other research to community groups. Providing consul-
tation to County and Cities in determining appropriate implementation
of relevant recommendations evolving from the Human Services Council
studies. •
4. Information ano Referral
Activities include:
a. Provide information to the community and area professionals regarding •
the availability of public health and social services. Examples:
Update and distribute the Mini Directory, SHAVR brochure, H.O.M.E.
brochure, Learning Exchange Program. Distribute information to fuel
as.sisloi,ce applicants regarding available services. Development of •
edn,:ational materials and s;•yak to local groups regarding service needs
of the South Hennepin area. Provide chemical dependency information
as well as act as a referral source within the South Hennepin area.
I.!!11J
Unapproved
Planning Commission Minutes July 12, 1982
All members present.
D. MTS SYSTEMS CORPORATION PLAT, by MTS Systems Corporation.
Request for Development Phase approval of PUD 80-40-PUD
' including preliminary plat approval of 159 acres into 3
lots and road right-of-way, and approval of an Environ-
mental Assessment Worksheet. Located south of TH 5 and
east of Mitchell Road. A public hearing.
Johnson stated that Mr. Fred Hoisington, Brauer and Associates, and Paul Strand,
MTS, Systems Corporation was also 'resent.
Hoisington stated he was representing two owners: MIS, who owns three lots and
Magnetic Controls Company (MCC) who owns Lot 1, Block 2. Barb Miller was present
representing MCC. Hoisington stated he was present for two reasons: to get the
EAW out of the way; and platting because bulldozers are presently on the site
ready to start Technology Drive. He had concerns regarding numbers 5, 6, and 1D
of the staff report. He stated they would like the southern roadway extended
along the southern boundary.
Barb Miller, MCC's Corporate Attorney, stated that they felt that Anderson lakes
Parkway is an excessive use of their property.
Bearman asked if the City's Engineering Department has seen the plans for this
project. Johnson replied yes and stated that moving Scenic Heights Road north
would take more right-of-way away from MCC.
Marhula asked the status of Anderson Lakes Parkway's feasibility study. Johnson
replied that the petition is lacking one or two signatures and stated that it is
being completed in-house.
Paul Strand stated that he felt that Scenic Heights Road could be moved to be
more at a 90 degree angle.
Torjesen asked what is located east of the site. Johnson replied floodplain.
Hallett asked where the 212 Corridor exists. Johnson replied that Unique Systems
D runs through the middle of the site.
MOTION 1
Gartner moved to close the public hearing on the MIS Plat. Retterath seconded,
motion carried 7-0.
MOTION 2
Gartner moved to recommend to the City Council approval of the preliminary plat
dated 5/25/82 as per the report of 7/8/82. Retterath seconded, motion carried 7-0.
MOTION 3
Gartner moved to forward the EAW finding of no significant impact to the City
Council. Retterath seconded, motion carried 7-0.
J
MEMO
TO: Planning Conn ssion
FROM: Jean Johnson, Assistant Planner
THROUGH: Chris Enger, Director of Planning
DATE: July 8, 1982
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PROJECT: MTS PLAT AND EAW
LOCATION: South of TH 5 and east of
Mitchell Road
APPLICANT AND
FEE OWNER: MTS Systems Corporation
REQUEST: 1. Preliminary plat approval over
approximately I59 acres into 3
lots and road right-of-way.
2. Finding of no significant impact
for the EAW.
REFER TO: January 9, 1981 Staff ,Report
8ACKGROUND
FU.D. Concept approval was granted for 152 acres of industrial and 6 acres
of commercial in April of 1981. (see figure 1)
Since that time the City has been studying the West 78th Street (now called
Technology Drive) feasibility. Construction of the road is now underway.
Within the 158 acre PUD, the MTS site, (approximately 25 acres) is zoned
I-5 and the remaining 133 acres are zoned Rural.
Until such time as the City receives and approves development and rezoning
requests, no building will occur on the Rural properties. The request now
is for preliminary plat approval to facilitate road right-of-ways and sale
of lots.
All lots are well in excess of five acres. The zoning will remain Rural
until individual sites are proposed for development.
The following chart compares the previous schematic plat submitted with the
PUD and the present preliminary plat request.
PUD Schematic Prel. Plat Request
A. 53.6 ac. Ind. Blk 1, Lot 1, 62.6 ac. (Ind., Com
8. 38.8 ac. Ind. of previous Lots A, E, F)
C. 22.9 ac. Ind. Blk 2, Lot 1, 42.8 ac. (previously
D. 28.5 ac. Ind. Lot B)
E. 3.5 ac. Com. Blk 2, Lot 2, 52.4 ac. (Ind., pre-
F. 2.5 ac. Com. vious Lots C and D)
Memo-MTS Plat and EAW page 2
All proposed lot sizes meet the minimum lot sizes required in the I-5 and
Rural .Districts as the property is now zoned.
Setbacks on the proposed plans do not reflect the required front yard set-
back. Setbacks to be corrected are:
75' along TH 5 for Block 1, Lot 1;
75' along Mitchell Road for Block 2, Lot 1;
75' setback for Block 2, Lots 1 and 2, from future road.
The Shoreland Ordinance requires no more than 30% impervious surface cov-
erage for lots within 300 feet of Purgatory Creek. Industrial lots within
Shoreland areas must be a minimum of 10 acres and be served by municipal
sewer and water. Lot 1, Block 1, and Lot 2, Block 2, meet the 10 acre
requirement. The original PUD depicted development in accordance with the
Shoreland Ordinance.
Items discussed in the PUD review and not addressed in the plat request are:
1. A scenic easement commitment or dedicition of the floodplain.
2. Two commercial lots.
3. Dedication of Anderson Lakes Parkway right-of-way.
4. Dedication of Alpha Drive and Beta Circle (see figure 1).
5. Pedestrian trail system.
(These items will be reviewed at time of rezoning request).
A 17' permanent easement is shown along Mitchell Road. Staff recommends
that the 17' be dedicated. for public road purposes.
Magnetic Controls Company's request that the City quit claim a triangular
portion of City property (south of Technology Drive) to MCC will be reviewed
by the City Council. MCC is picking up assessments for both sides of the
street through this area. Staff suggests MTS grant the City an easement
over the triangular portion of MTS property which is southeast of the City's
treatment ponds (see figure 1).
EAW
EAW is submitted as part of the platting procedure.
CASH PARK FEE
1 y building upon the zoned I-5 or future sites after rezoning approvals
will be subject to cash park fee payment at time of building permitpp
(this will not include floodplain acreage)
RECOMMENDATIONS k
The Planning Staff finds the preliminary plat consistent with the PUD with
the following conditions:
1. A pedestrian system must be developed incorporating the goals of the
January 9. 1981 staff report. JU'
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Memo-MTS Mat and EAW page 3
2. Individual sites will be evaluated at the time of rezoning to ascertain
whether they are visually compatible with the Purgatory Creek open
space Study.
3. The reioning and development plans must be in conformance with the
Shoreland Management Act regarding a maximum of 30% impervious surface
coverage for development within 300 feet of Purgatory Creek.
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4. As noted at time of PUD review, site must be graded in phases.
5. Owner dedicate as public road right-of-way Alpha Drive between Lots 1
and 2, Block 2, Anderson Lakes Parkway, and 17' of additional right-of-
way along Mitchell Road.
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6. Final plat to depict proper front yard setback of 75' from TH 5,
Mitchell Road, Technology Drive, and future Alpha Drive (which should
be depicted as public road right-of-way on the final plat).
7. The floodplain encroachment must be approved by the Riley-Purgatory
Creek.Watershed District.
8. MTS grant City an easement over the southwest corner of Block 1, Lot 1,
as required by City Engineer; and City quit claim that portion of
Block 2, Lot 1, south of Technology Drive to Magnetic Controls Company.
9. EAW be submitted to Council for finding of no significant impact.
10. Cash park fee payment be applicable to any new building upon the
existing zoned property and future development on acreage to be zoned,
(this does not include floodplain acreage).
11. Individual sites to return for zoning review as specific plans are
. developed.
12. 'Detailed utility and grading plans be submitted with each rezoning
request.
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TECHNOLOGY CAMPUS 1141'
- PRELIMINARY PLAT =_ - - Braucr&Associates Ltd.incl
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STAFF REPORT
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TO: Planning Commission
FROM: Chris Egger, Director of Planning
DATE: . , January 9, '1981
SUBJECT: MTS/MCC INDUSTRIAL CAMPUS
REQUEST: PUD Concept Plan approval for Industrial and
supporting commercial uses on 158.2 acres of
land.
LOCATION: : South of III 5, east of Mitchell Road, and west of
Purgatory Creek.
REFER T0: MTS/MCC Development Brochure
Existin land Use
MIS currently has a 290,000 square foot industrial building on approximately
. 25 acres of land. The current MTS area is zoned I-5 (5 acre minimum industrial).
Guide Plan
The 1919 Comprehensive Guide Plan depicts this area as industrial, therefore
the general land use of service commercial proposed, is considered supporting
commercial.
Flood Plain
17.9 acres of the site falls within Purgatory Creek Flood Plain. 1:8 acres
of this area or 10% is proposed to be filled. No public waters are involved.
The recent Purgatory Creek Study indicates that there will be more than
sufficient flood storage capacity created in the overall flood plain. This
filling should be reviewed by the Watershed District, but on the face does
not seem to be a problem.
(1974) Purgatory Creek Study
The 100 scale naps of the Purgatory Creek Study indicated that the flood
plain in this area is at about the 824 contour. In doing the graphics for
the study booklet, the consultant inadvertantly moved to the 828 contour.
This error brought both the Conservancy Area and the flood plain well within
the site as now proposed. Had the lines been drawn correctly, the proposal
would be largely in conformance with the Conservancy Zone as drawn.
I981 Purgatory_Creek Study
The 1974 Purgatory Creek Study defined this• area of the creek as a large
heterogeneous monoculture with regard to value as a wildlife area. The
original study really recommended a more specific look be taken of the
area to determine specifically how it should be developed and managed.
Anderson Lakes Park has been acquired because of its existing unique wildlife
habitat features. This large flood plain is not of the same value to wildlife.
Its chief value is that of flood storage, and the large scale of it as a
visual open area.
The 1981 Purgatory Creek Study gives a concept possibility for this area
to be developed into a recreational facility that would accomplish the
following goals: �Iii L
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Staff Report-MiS/MCC page 2
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t — 1. Preserve and create adequate flood storage area without affecting
downstream flow. •
2. Create an 18 hole municipal golf course which would be a recreational
and visual amenity for both the i4CA area and the City as a whole.
3. Create a future centralized active athletic field area for the city
near the highest density area of town. •
4. Provide a mechanism for the flood plain to be both conveyed to the
city and developed at little cost to the city. •
The relationship to the recreational area suggested by the 1981 Creek Study
is visual, not a wildlife habitat impact. For this reason, it will be
important for not only the buildings adjacent to the Conservancy Area, but
the entire industrial campus to be developed carefully and of a highest
quality of architecture. This industrial campus should not be of a trad-
itional spec industrial building quality.
Special attention should he paid to careful' massing of the buildings,
building colors, materials, textures, windows, blank walls, treatment of
mechanical equipment, loading areas, parking areas, landscaping, lighting)
siguano, and pedestrian circulation.
These itrms should all he part of the review of the individual industrial
buildings. if done. carefully, the project will he in conformance with the
Purgatory Creek Study.
Shoreland Managrrent Ordinance
The Cwniwrcial uses must be in 2 acre minimum lots; setback 150 feet from
the Creek.
The Industrial lots must he 5 acres in size and the buildings setback 150
feet from the Creek.
The area within 300 feet of the Creek shall not contain any more than 30%
impervious surface. The proposal appears to be in conformance with this.
Existing Site Character
Refer to page 8 of the-development brochure.
Grading
the site is steeply rolling, varying from a low of about 818 to a high
point of about 870. Hov.ever, the buildable'portion of the site ranges from
about 830 to 860. Although the wean elevations of the site will be preserved
in order to provide large pads for the buildings and parking, the cut and
fill required will be within 10 feet from original grades.
The miss grading plan is well thought out and the four pond areas, although
r reshaped, are retained and side focal points of the site plan.
M1S's concept of burying part of the building expansion makes good sense as
the roof will double as a parking area. This approach and the ability to
use earth sheltering as well as incorporate passive solar use should be
• explored more fully in the individual site plans. Each site should be earth
balanced individua liyso as not to require overall site grading of the entire PUD at
tilts time. 'LJj 1
1.
Staff Report-MIS/MCC page 3
Drainage
A drainage plan must be submitted as a part of a development plan for any
rezonings:• -
• Transportation
Construction of the central east/fiest road is critical to any future develop-
ment of the property. With close to 13,000 A.D.T. possible from this area,
it is obvious that Mitchell Road by itself will not handle the traffic.
Gaining access to another full signalized intersection at West 78th Street
and TH 5 will help, however, construction of the Ring Route from TH 5 down
to US 169/212 and Anderson Lakes Parkway southeast from this property to
US 169/212 will provide additional regional access. In the long run, provision
of adequate collector roads throughout the connnunity will greatly reduce
traffic problems. Eden Prairie's goal' of providing housing for all employees
in the City will become increasingly important.
MTS and MCC should register their employees with Minnesota Ride Share, which
will match their employees free cif:charge for car pooling and van pooling.
This approach saves the employees money, provides a larger pool of potential
employees and saves the employer money through the reduction of parking
spaces that have to be provided.
Pedestrian System
In an industrial park of this size, it is essential that a pedestrian system
be provided to: give employees access to recreation areas, eating areas,
e•nd noon-time recreation opportunity. Wilson Learning Cu,:ters' concept of
a running track could be expanded greatly and applied to this industrial
campus. The close proximity of this site to the potential recreation area
to the east highlights the importance of an interelated pedestrian system.
No system has been proposed, but should be developed and submitted to the
City.
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Interstate 212 •
The 62 Corridor runs diagonally through this site. Most of the buildings
would not be effected and the corridor is largely preserved by locating
parking lots and open space areas within the corridor rather than structures.
This entire industrial park will also probably take several years to
develop totally: During this time it is possible that MnDOT will be able to
make more positive plans. This will allow some additional time for the
corridor to remain relatively open.
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This project will require an Environmental Assessment Worksheet prior to
rezoning.
Ordinance Requirements
Tiie 1-5 zoning district prohibits outside storage; this will help insure
a high quality image.
3
Setbacks in an 1-5 District are greater than other Industrial Districts and
lot sizes are 5 acre minimums. This will help to insure the larger campus
look of the area.
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Staff Report-MTS/MCC page 4
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t".. RECOMMENDATIONS
`fhe 11anning Staff finds that the PUD Concept Plan proposed by MTS/MCC is
consistent with the Comprehensive Guide Plan and recommends approval subject
to the following:
1. The flood plain encroachment must be approved by the Riley-Purgatory
Creek Watershed District. •
2. The plan must be in conformance with the Shoreland Management Act.
3. An east/west road must be constructed from Mitchell Road to West 78th
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Street in order to facilitate development.
4. 11 pedestrian system plan must be developed incorporating the goals of
this report.
• 5. An EAW must be prepared prior to a rezoning application.
6: The plan is approved in Concept only as it relates to the 1974 Purgatory
Creek Conservancy Zone and individual sites will be evaluated at the
time of rezoning to ascertain whether they are visually compatible and
may encroach on the Purgatory Creek open space area. •
7.. The overall site should not be graded at this time.
CE:ss
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MINNESOTA ENViRONMENTAL QUUAL1TY BOARD
£NVIRONMEANT(L NOTICE SOENT1INGS WORKSUEET(EAW)
NO WR1 E 1N THIS SPACE
E.R. •
TOTE: The purpose of the Environmental Assessment Worksheet (EAW) is to provide
information on a project so that one can assess rapidly whether or not the
ent. Attach
project requiresan Environmental asnneededptotanswer.these questions. Your
answer charts,d maps, ape„
answers should be as specific as possible. Indicate which answers are esti-
mated.
1- SUMMARY
ACTIVITY FINDING BY RESPONSIBLE AGENCY (PERSON)
!_3 Negative Declaration (No EIS) l._-•I EIS Preparation Notice (US Required)
�. ACTIVITY IDENTIFICATION
1- Project Name or Title Technology Campus PUP (Planned unit Development
2. Project. Proposer(s) MTS S stems Cor oration
address D055 Mitchell Road, Eden Prairie, Minnesota 55344
Telephone Number and Area Code '6121 Pr-4011
3. Responsible Agency or Person City of Eden Prairie
Address R950 Eden Prairie Road, Eden Prairie, Minnesota 55344 Cit Hall
Person in Responsible Agency (Person) to contact for 2further 6nformation
on this EAW: Chris Enner Telephone ( )
It. This EAW and other supporting docu entation arerae vaie fore Hrlpublic
inspection and/or copying
Telephone 937-2262 Hours 8:00-4:30, M-F
5, Reason for EAW Preparation
Lid7-1 Petition Other
Mandatory Categor,v-cite4�'I'h, c, R d
MEQR Rule numher(s)
b.excess of 175,000 ..q.ft„c.40 acres or more part of which isaf loodplain,ar .parr.
I- ACTIVITY DESCRIPTION SUMMARY ith
a.
1. Project Location
County Menn_Pi" City/Township name City of ErIPn Prairie
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Township number 116N Range number 22W
Section number(s) 15
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Street address (if in City) or legal description:
Southeast of intersection of Mitchell Road and S.T.N. 5 (legal description
included in Appendix A). (See Figures 1, 2 and 3) •
2. Type and scope of proposed project:
Technology Campus PUD (Planned Unit Development) envisions the development
of approximately 1,000,000 square feet of industrial and office facilities
on 160 acres of land immediately south of S.T.11. 5 in Eden Prairie. The
approved PUD concept also includes two proposed restaurant sites and the
existing MTS Systems Corporation facility of 290,000 square feet.
3. Estimated starting date (month/year) May, 1984
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4. Estimated completion date (month/year) October, 1987
5. Estimated construction cost $30 million (estimated)
6. List any federal funding involved and known permits or approvals needed
from each unit of government and status of each:
Unit of Government
(federal , state, Name or Type of Permit/Approval
regional, local) or Federal Funding Status
City Concept Stage Approval Granted
City Development Stage Approval Not Yet Filed
City Land Alteration Permit Not Yet Filed
City Building Permits Not Yet Filed
Watershed District Grading Permit Not Yet Filed
EQC EAW review pending
7. If federal permits, funding or approvals are involved, will a federal EIS be
prepared under the National Environmental Policy Act? X NO _ YES _ UNKNOWN
II. ACTIVITY DESCRIPTION
A. Maps and graphics are included following the text.
B. Present land use.
1. Briefly describe the present use of the site and lands adjacent to the site:
Twenty-five acres of the site (16%) are devoted to industrial activity,
17.9 acres (11%) are floodplain, 3.9 acres (2%) are water surfaces, 8.9
acres (6%) are Type II wetlands and the balance (65%) is cropland and
grassland. Refer to Figure 4 for a depiction of adjacent land uses, which
include public, commercial and industrial uses, plus roads and vacant land.
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2. Indicate the approximate acreages of the site that are; (See Figure 3)
a. Urban development 25 acres f. wetlands (Type III, IV, V) 3.9 acres
b. Urban vacant 0 acres g. Moreland approx. 22 acres
c. Rural developed 0 acres h. Floodplain 17.9 acres
d. Rural vacant 74 acres i. Cropland/Pasture land 55 acres
e. Designated Recreation/ J. Forested it acres
Open Space 0 acres
3. List names and sizes of lakes, rivers and streams on or near the site,
particularly lakes within 1,000 feet and rivers and streams within 300
feet:
Purgatory Creek forms the eastern boundary of the project. There is an
.' unnamed pond of approximately three acres immediately west of the project,
across Mitchell Road, as well as two small ponds (2.9 and 1.D acres) on
the project site itself. (See Figure b)
C. Activity Description
1. Describe the proposed activity.
The activities proposed for the Technology Campus PUD will be predominantly
industrial--iiaN4 manufacturing, assembly, office, warehousing and shipping
--in accord with 1-5PRK zoning district standards. Based on industry
trends, as well as the projections of MTS Systems Corporation and Magnetic
Controls Company, approximately 33% to 40% of building space will be
devoted to office activities, with the balance being devoted to industrial
use.
Building programs and production plans for MIS Systems Corporation and
Magnetic Controls Company are not complete at this time, hut it is esti-
mated that their respective developments at the Technology Campus PUD site
will involve generally similar operations to those carried out in their .
existing facilities.
In explanation, MTS Systems Corporation presently produces hydraulic devi-
ces, electronic instruments, and software for testing materials and
assembled products for mechanical stress and power transmission capability.
Their products are also used in manufacturing processes, for quality
assurance, and in production line or process automation.
Magnetic Controls Company is a light manufacturer in the telecommunication
and computer industry. Representative products include small communication
components, electro-mechanical products, electronic circuits, and magnetic
products. The latter are used for electrical energy control and conversion.
Its present facilities are in Bloomington, Edina, and three other cities.
Lots C and D are proposed for development of a similar character, i.e..
light industry.
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Six acres of the PUO (Lots E and F) are proposed to be devoted to commercial
or commercial-highway uses--specifically, two restaurants. The restaurants
will provide service to the employees of the industries in the PUD, as well
as the employees of the Mitchell Road industries, employees of the Major
Center Area, residents, and travelers.
As depicted in Figure 7, lot and building areas, building phasing and
parking are as follows:
Building Gross Parking
Lot Gross Area Floor Area, Sq.Ft. Spaces
(1nc17-F--0-W)
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A (MTS) 56.6 ac. 290,000 (Existing) 600
130,000 (Phase 1) 490
150,000 (Phase 2) 570
Subtotal 570,000 ITO
B (MCC) 42.8 ac. 265,000 (Phase 1) 965
160,000 (Phase 2) 520
• Subtotal 125,000 80
C (ind.) 24.8 ac. 205,000 625
D (ind.) 28.5 ac. 165,000 600
E (com.) 3.5 ac. 4,000 80
F (com.) _2.5 ac. 4,000 80
Total 158.7 ac. 1,373,000 sq.ft. 4,530 spaces
On the basis of overall site development, the following proposed land use
allocations are applicable.
Developed Acres Undeveloped Acres
13uT1—dings 25.3 Floodplatn 16.1
Parking/Drives 37.9 Ponds 11.1
R-O-W 8.4 Misc. yards/
1.6 (45%) green spaces 59.9
8 11 (55%)
'Development of the site will most likely occur from west to east. The
first parcel to be developed (excluding the presently developed MTS
facilities) will be the Magnetic Controls property (Lot B). Development
of the remaining lots will occur as warranted by market demand.
2. Fill in the following where applicable:
a. Total project area 158.7 acres h. Vehicular traffic trips
9.830 ADT
generated per day
b. Number of housing or units None
i. Number of employees 750 (presently)
c. Height of structures 35 ft. Est. 4,500 (ultimately;
d. Number of parking j. Water supply needed
i spaces 600 (existing) Est. 200,000 gal/da j
1TT30 (ultimate) 9
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e. Amount of dredging 50,000 cu. yd. k. Solid waste requiring dis-
posal 3,000 tons/yr (ultimate)
f. Liquid wastes requir-
ing treatment Est. 145,000 gal/da 1. Commercial, retail or
industrial floor space 290,000 sq.ft.
• g. Size of marina and access leTiTfing)
channel (water area) 0 sq.ft.
1,373,000 sq.'
(ultimate)
III. ASSESSMENT OF POTENTIAL ENVIRONMENTAL IMPACT
A. SOILS AND TOPOGRAPHY
1. Will the project be built in an area with slopes currently
exceeding 12%? NO X YES
2. Are there other geologically unstable areas involved in a project,
such as fault zones, shrink-swell soils, peatlands, or sinkholes?
N0 X YES
3. If yes on 1 or 2, describe slope conditions or unstable area and
any measures to be used to reduce potential adverse impacts.
The only steep slopes are associated with a prominent, though small, knob
in Lot C--it will not be removed nor built upon, though it will be reshaped.
Peat and marl are scattered throughout the site in depressions and in t'le
flood plain. In most cases, these soils will not be built upon, however,
when necessary, remedial measures will be employed for stabilization.
4. Indicate suitability of site soils for foundations, individual septic
systems, and ditching, if these are included in the project:
The size of the site and the variety of soils on site dictate that some
soils are less than ideal for foundations. Site preparation and building
construction will reflect the specific conditions discovered by soil
borings. Septic systems and ditching are not a factor. (See Figure 8)
5. Estimate the total amount of grading and filling which will be done:
260,000 cu. yd. grading; 36,200 cu. yd. filling (See Figure 9)
What percent of the site will be so altered? 45 % (See Figure 9)
6. What will be the maximum finished slopes? Approx. 15 % (See Figure 9
and A.3., above)
7. What steps will be taken to minimize soil erosion during and after
construction?
As required by the Purgatory Creek Watershed District, all disturbed
areas will be seeded and mulched and a staked straw bale dike will be
placed to intercept runoff.
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B. VEGETATION
1. Approximately what percent of the site is in each of the following
vegetative types:
Cropland/
Woodland 0 % Pasture 35 %
Brush or shrubs 0 % Marsh 15 %
Grass or herbaceous 36 % Other
(specify) 15 % Urban
2. How many acres of forest or woodland will be cleared, if any? 0 acres
3. Are there any rare or endangered plant species or areas of unique
botanical or biological significance on or near the site? (See DNR
publication The Uncommon Ones.) X NO YES
C. FISH AND WILDLIFE
1. Are .there any designated federal, state or local wildlife or fish manage-
ment areas or sanctuaries near or adjacent to the site? NO X YES
2. Are there any known rare or endangered species of fish and wildlife on or
near the site? (See ONR publication The Uncommon Ones.) X NO YES
3. Will the project alter or eliminate wildlife or fish habitat? NO X YES
4. If yes on any of questions 1-3, list the area, species or habitat, and
indicate any measures to be used to reduce potential adverse impact on them.
Purgatory Creek area is a local wildlife corridor.
As with all developments of this nature, the landscape will undergo signi-
ficant change resulting, in this case, in the loss of predominantly
rolling grassland and cropland. Numerous species of small field mammals
will be affected (e.g. rabbit, moles, pocket gophers, etc.), none rare or
endangered. Aquatic habitat will not be disrupted. Moreover, many deer
utilize the creek as a corridor--they will not be affected either.
D. HYDROLOGY
I. Will the project include any of the following:
If yes, describe type of work and mitigative measures to reduce adverse
impacts.
NO YES
a. Drainage or alteration of any lake, pond, marsh,
lowland or groundwater supply X
b. Shore protection works, dams, or dikes X
c. Dredging or filling operations X
d. Channel modifications or diversions X
e. Appropriation of ground and/or surface water l( x a
f. Other changes in the course, current or cross-
section of water bodies on or near the site X
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With regard to letter a , aforementioned, the 7.2 acre Type 2 wetland on
Lot A will be dredged and augmented with cooling discharge and storm water,
resulting in an esthetic storm pond. Dredging for the pond and drainageway
will amount to 50,000 cu.yds. Presently, ground and water elevation is
approximately 828; dredging will create a pond bottom of 824. Normal water
level will be 828 with a 100-year storm elevation of 830. (Note: Though
integral to the PUD, the drainage and pond work is being done in conjunc-
tion with the construction of Technology Drive, a city project.)
2. What percent of the area will be converted to new impervious surface?
Est. max. 4(,,40% Areas within Shoreland will be restricted to a 30% coverage.
3. What measures will be taken to reduce the volume of surface water
runoff and/or treat it to reduce pollutants (sediment, oil, gas, etc.)?
The area that will be dredged as a pond will be used as a runoff detention
area. It will allow sedimentation before release to the creek, and should
make a moderate contribution to local groundwater recharge.
4. Will there be encroachment into the regional (100 year) flood-
plain by new fill or structures? NO X YES
If yes, does it conform to the local floodplain ordinance?• -NO X YES
•
5. What is the approximate minimum depth to groundwater on the
site?
Estimated from 0 to 40 feet.
E. WATER QUALITY
1. Will there be a discharge of process or cooling water, sanitary
sewage or other waste waters to any water body or to groundwater?
NO X YES
Cooling water from MTS will be discharged into the proposed man-made
pond on Lot A for purposes of augmentation and water level stabilization.
The volume is estimated at 35,000 gpd and the water will be warm (80°F,
average 65°F) though otherwise of high quality.
2. If discharge of waste water to the municipal treatment system is planned,
identify any toxic, corrosive or unusual pollutants in the wastewater:
Magnetic Controls Company is presently, and will likely continue to be an
EPA-licensed Small Generator of neutralized chemical lab wastes, in very
small amounts. At MTS Systems, a very small amount of biodegradable,
neutral photo lab waste is presently discharged. Other than this, no
toxic, corrosive or unusual pollutants will be discharged into the munici-
pal system.
3. Will any sludges be generated by the proposed project? X NO YES
U
—7—
4. What measures will be used to minimize the volumes or impacts identified
in questions 1-3?
The cooling water discharge used for pond augmentation will be indirectly
regulated by the water control structure used to regulate the pond's water
level. (See D.1.)
5. If the project is or includes a landfill, attach information on soil pro-
file, depth of water table, and proposed depth of disposal. Not applicable.
F. AIR QUALITY AND NOISE
1. Will the activity cause the emission of any gases and/or particulates
into the atmosphere? NO X YES
The industrial activity will not directly emit gases or particulates
inasmuch as it will consist of assembly, warehousing and shipping.
Indirect emissions will result, however, from employee automobile usage,
with, the prime component being carbon monoxide.
The existing facility is all-electric hence no heating plant emissions are
involved. Any future point-source emissions are assumed to be mainly from
building heating, by interruptible gas. At ultimate development and peak
heating load, stack emissions are estimated as not more than 6.68 Lbs./HR
of particulates, and 33.4 Lbs./HR of SO2, based on state regulations.
Paint booth operations at MTS Systems do a6d will continue to involve e+,a-
poration of paint thinner fumes in small amounts. Paint particulates are
not released. Magnetic Controls Company produces no non-heating emissions,
and future development is not anticipated to produce any. Processes
involved in developments on lots C and D cannot be identified at this time,
but it is assumed that any non-heating emissions will be insignificant.
2. Will noise or vibration be generated by construction and/or operation
of the project? NO X YES
Construction of the project will result in normal construction-related
noise generation. Most such operations will occur in the summer, though
any required dredging/mucking will most likely occur in the winter.
Generally speaking, duration will be eight hours per day, five days per
week with dBA levels, reaching an estimated maximum of 69dBA at 400 feet
for a combination of three earthmovers and two dozers, a fairly typical
spread of equipment. This would be attenuated to 63dBA at 800 feet and
57dBA at 1,600.
It is probable that piledriving may be required. This typically is more
noticeable, being an impulse-type source. Noise levels exhibit wide
variations with various types and kinetic energy ratings of piledrivers,
hence a noise level cannot be predicted accurately at this time.
These levels would he most noticeable, though, only when work is being
done near the property line. In mitigation, work will be done during the
hours of 7:00 a.m. and 4:00 p.m., weekdays only, so as not to disturb
-8-
sleepers or leisure-time activities in the area. While the daytime stan-
dard for residences (NCA-1) is L10 = 65 dBA, L50 = 60 dBA. The building
envelope should provide at least 15 to 20 d8A attenuation, even with win-
dows open. With windows closed, noise attenuation in a frame building is
25 to 30 dBA, and any building construction noise is not expected to
approach or exceed applicable standards in state regulation NPC 2.
3. If yes on 1 or 2, specify whether any areas sensitive to noise or
reduced air quality (hospitals, elderly housing, wilderness, wildlife
areas, residential developments, etc.) are in the affected area and give
distance from source:
The nearest potentially sensitive receptors would be the Atherton
Townhouses, 400+ feet from the site, and houses west of Mitchell Road,
south of Scenic Heights Road, which are as close as 200 feet from the
site. The Chestnut Apartments are 800+ feet from the site.
The only other Potentially sensitive receptor in the affected area is the
proposed Mitchell Heights PUD (attached housing) located immediately south
of the project. The closest units are proposed to be only 20 feet from
the project boundary, though further separated by proposed Anderson Lakes
Parkway (100' R-O-W). Since Mitchell Heights development is not pending,
it is conceivable that all or part of the Technology Campus will be
constructed first.
G. LAND RESOURCE CONSERVATION, ENERGY
1. Is any of the site suitable for agricultural or forestry production orr YES
currently in such use? NO
•
An estimated 55 acres are in soybean production.
2. Are there any known mineral or peat deposits on the site? NO X YES
Peat and/or marl comprise an estimated 30% (50 ac.) of the site.
3. Will the project result in an increased energy demand? NO X YES
Complete the following as applicable:
a. Energy requirements (oil, electricity, gas, coal, solar, etc.)
Estimated Peak Demand
Annual (Hourly or Daily Anticipated Firm Contract or
Type Requirement Summer Winter - Supplier Interruptible Basis?
lectri_
city 58,600 Mwh 5,00D Kw NSP firm
Natural
Gas 32,000 mcf 400 mcf/day Minnegasco interruptible
Local
Fuel Oil 5,333 gal 500 gpd supplier firm
b. Estimate the capacity of all proposed on-site fuel storage. 5,000 gal.
-9-
,:.,J,•
c. Estimate annual energy distribution for:
space conditioning 30 % ventilation 18 % processing 34 %
lighting 18 %
d. Specify any major energy conservation systems and/or equipment
incorporated into this project:
'At this stage, only passive solar heating is a factor. As building
plans are prepared, more specific systems may be incorporated.
e. What secondary energy use effects may result from this project
(e.g. more or longer car trips, induced housing or businesses, etc.)?
As the project develops, there will be a sizeable increase in daily
trips related to the facilities. Eventually, it is expected to induce
housing for additional employees, and more indirectly, it may induce
growth of supporting businesses at a city-wide scale.
H. OPEN SPACE/RECREATION
1. Are there any designated federal , state, county or local recreation or
open space areas near the site (including wild and scenic river,N0 trails,
lake accesses)?
X YES
The Purgatory "reek Corridor is a designated wildlife and
pathway corridor. Review of specific development plans will
insure compatibility with the adooted Purgatory Creek Study.
I. TRANSPORTATION
1. Will the project affect any existing or proposed transportation
systems (highway, railroad, water, airport, etc.)? NO X YES
If yes, specify which part(s) of the system(s) will be affected. For
these, specify existing use and capacities, average traffic speed and
• percentage of truck traffic (if highway); and indicate how they will
be affected by the project (e.g. congestion, percentage of truck traffic,
safety, increased traffic (ADT), access requirements):
The project is expected to affect the highway system, but would not have
significant effects on any other transportation system. A traffic analysis
was prepared by Benshoof and Associates, included as Appendix B. The major
conclusions from this traffic analysis are:
• Existing T.H. 5, which is at or over capacity under present conditions,
would be unable to accommodate full development traffic without signi-
ficant improvements. The present concept plan of replacing Highway 5
with a freeway type facility likely would provide adequate capacity to
accommodate total projected volumes.
• Technology Drive will serve as an important east-west collector route
through the site. The planned roadway width of 36 feet and right-of-way
width of 70 feet are expected to he adequate for the projected volumes.
Technology Drive is presently under construction.
-10
y,� —
. • Mitchell Road will carry a significant amount of development traffic
between T.H. 5 and Technology Drive, substantiating the planned improve-
ments to this roadway. With these improvements and with a long-term
solution for T.H. 5, it is expected that adequate traffic operations
would be provided. Intersection improvements are now in process.
• "Alpha Drive", the short roadway link between Technology Drive and
Anderson Lakes Parkway, will carry about 1,000 vehicles per day. Con-
sidering this level of usage and the negative traffic effects that other-
wise could occur if this traffic had to use the intersection of Mitchell
Road and Technology Drive, it is concluded that this roadway connection
should be provided in conjunction with full development of the site.
2. Is mass transit available to the site? NO X YES
Express bus 53J traverses S.T.H. 5.
3. What measures, including transit and paratransit services, are
planned to reduce adverse impacts? A rideshare program is available to employee
which will reduce individual travel expense and reduce the number of vehicles.
No formal transit or paratransit measures are presently being considered,
but this would not exclude future study and implementation.
J. PLANNING, LAND USE, COMMUNITY SERVICES
1. Is the project consistent with local and/or regional comprehensive
plans? NO X YES
—
PUD Development Stage approval (zoning) will be sought on a parcel-by-
parcel basis as development occurs. Appropriate zoning would be I-SPRK;
present zoning is I-SPRK (25 acres), RU (116 acres), and FP (18 acres).
2. Will the type or height of the project conflict with the character
of the existing neighborhood? X NO YES
3. How many employees will move into the area to be near the project? Est. 500
. How much new housing will be needed? Est. 200
4. Will the project induce development nearby--either support services
or similar developments? NO X YES
The most likely development would appear to be support services and addi-
tional office space.
5. Is there sufficient capacity in the following public services to handle
the project and any associated growth?
Amount required '
Public Service for project Sufficient Capacity?
water 200,000 rlal/da Yes
•
wastewater treatment I45,DUD gal/da Yes
sewer 2,400 feet Yes
SC11o(1 S 'St. 7t10 pupils Yes 1
0 id waste disposal 750 ton/mo Yes 1
—
streets Yes
o _ 3.5U0 teet t.11er(poriT fire,ete.) Yes
-11-
y•3U •
•
6. Is the project within a proposed or designated Critical Area or part of
a Related Actions EIS or other environmentally sensitive plan or program
reviewed by the EQC? X NO YES
7. Will the project involve the use, transportation, storage, release or
disposal of potentially hazardous or toxic liquids, solids or gaseous
substances such as pesticides, radioactive wastes, poisons, etc.?
NO X YES
The present MTS Systems activities involves the collection of, at most,
about 1,100 ga./yr. of water-soluble cutting fluid waste (about 11%
Petroleum), about 500 ga./yr. of paint thinner waste (Xylene, Toluene and
Mineral Spirits), about 50 ga./yr. of "M-Clene-D" cleaning solvent, and
440-660 ga./yr. of 1140 machine solvent, a total of 2,090-2,310 ga./yr.,
although typically the amount has been less than 2,000 gallons. Material
is collected in drums (by permit) and transported by licensed carrier to
an approved hazardous waste disposal site. (Only a few drums are stored
at the manufacturing facility at any one time.) At ultimate development
• of the project, the volume of such waste may approximately double.
g. When the project has served its useful life, will retirement of the
facility require special measures or plans? X NO YES
K. HISTORIC RESOURCES
1. Are there any structures on the site older than 50 years or on federal
or state historical registers? NO X YES
A farmstead in the northeast corner of the site is suspected of being over
50 years old. It is not on the federal or state historic registers.
2. Have any arrowheads, pottery or other evidence of prehistoric or early
settlement been found on the site? X NO YES
Might any known archaeologic or paleontological sites be affected
by the activity? X NO YES
The area has been extensively farmed for the past 100+ years.
3. List any site or structure identified in 1 and 2 and explain any impact on them.
The farm structures will eventually be removed.
L. OTHER ENVIRONMENTAL CONCERNS
Describe any other major environmental affects which may not have been
identified in the previous sections:
None.
IV. OTHER MITIGATIVE MEASURES
Briefly describe mitigative measures proposed to reduce or eliminate potential
adverse impacts that have not been described before:
There are no known adverse impacts associated with the project other than those
identified above.
_12-
V. FINDINGS
The project is a private ( ) government ( X ) action. The Responsible Agency
(Person), after consideration of the information in the EAW, and the factors
in Minn. Req. MEQB 25, makes the following findings.
1. The project is ( ) is not ( X ) a major action.
State' reasons:
2. The project does ( ) does not ( X ) have the potential for significant
environmental affects.
State reasons:
3. (For private actions only.) The project is ( ) is not ( ) of more than
local si,gnificance.
State reasons:
VI. CONCLUSIONS AND CERTIFICATION
NOTE: A Negative Declaration or EIS Preparation Notice is not officially filed'
until the date of publication of the notice in the EQB Monitor section.
A. I, the undersigned, am either the authorized representative of the Responsible
Agency or the Responsible Person identified below. Based on the above findings,
the Responsible Agency (Person) makes the following conclusions. (Complete
1. XXX NEGATIVE DECLARATION NOTICE
— No EIS is needed on this project, because the project is not a
•
major action and/or does not have the potential for significiant
environmental effects and/or, for private actions only, the
project is not of more than local significance.
2. EIS PREPARATION NOTICE
An EIS will be prepared on this project because the project is a
major action and has the potential for significant environmental
effects. For private actions, the project is also of more than
local significance.
a. The MEQB Rules provide that physical construction or operation of the
project must stop when an EIS is required. In special circumstances,
the IlEQU can specifically authorize limited construction to begin or
continue. If you feel there are special circumstances in this
project, specify the extent of progress recommended and the reasons.
b. Date Draft EIS will be submitted: (month) (day) (year)
( (MEQI1 Rules require that the Draft EIS be submitted within 120 days
of publication of the EIS Preparation Notice in the LQR Monitor. If
• -13-
r "
•
special circumstances prevent compliance with this time limit, a
written request for extension explaining the reasons for the request 3
must be submitted to the EQB Chairman.) (
A
C. The Draft EIS will be prepared by [list Responsible Agency(s) or
Person(s)]:
B. Attach an affidavit certifying the date that copies of this EAW were mailed
to all points on the official EQB distribution list, to the city and county
directly impacted, and to adjacent counties or municipalities likely to be
directly impacted by the proposed action (refer to question III.J.4 on page 9
of the EAW). The affidavit need be attached only to the copy of the EAW
which is sent to the EQB Administrator.
C. Billing procedures for EQB Monitor Publication.
State agency Attach to the EAW sent to the EQB Administrator a completed
OSR 100 form (State Register General Order Form--available
at Central Stores). For instructions, please contact your
Agency's Liaison Officer to the State Register or the
Office of the State Register--(612 296-8239.
I hereby certify that the information contained in this document is true and
correct to the best of my knowledge.
SIGNATURE
TITLE
DATE
• i
•
•
•
-14-
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S'
APPENDIX A
Legal Descriptions
The legal descriptions for the project are as follows:
Legal Description #1:
That part of the North 1/2 of Section 15, Township 1.16 North, Range 22, West of
the 5th Principal Meridian, described as follows: Commencing at a point in the
West line of the Northwest 1/4 of said Section 15, distant 1,632.12 feet South of
the Northwest corner thereof; thence South along said West line to the Southwest
corner of the Northwest 1/4 of said Section 15; thence East along the South line
of the Northwest 1/4 of said Section 15 a distance of 75 rods; thence North
parallel with the West line of the Northwest 1/4 of said Section 15 to a point
distant 811.65 feet South from the Southwesterly line of State Highway Number 5;
thence deflecting left 112 degrees, 35 minutes, 29 seconds to the West line of
the Cast 600 feet of the West 75 rods of the Northwest 1/4 of said Section 15;
thence North along said West line to its intersection with a line bearing North
74 degrees, 29 minutes, 20 seconds East from the point of beginning; thence South
74 degrees, 29 minutes, 20 seconds West to the point of beginning, except that
portion lying Northerly of the following described line; Commencing at the North-
west corner of said Section 15; thence on an assumed bearing of South 0 degrees,
38 minutes, 02 seconds West along the West line of said Section, a distance of
1,632.12 feet; thence North 74 degrees, 29 minutes, 20 seconds East a distance of
34.36 feet to the point of beginning of the line to he described; thence South 89
degrees, 21 minutes, 58 seconds East a distance of 200 feet; thence along a
tangential curve, concave to the North radius38i.10 feet, central angle 51
degrees, 51 minutes, 08 seconds a distance of 344.47 feet to a point on the North
line of the above described property and there terminating, according to the
Government Survey, thereof, Hennepin County, Minnesota.
Legal Description i2:
That part of the Northwest 1/4 of Section 15, Township 116 North, Range 22 West,
Hennepin County, Minnesota, described as follows:
Beginning at the Northwest corner of said Section 15; thence along the
West line of said Section on an assumed hearing of South 0` 29' 22"
West 151.31 feet to the actual point of beginning.
Thence South along the said West line 1,480.81 feet; thence North 74°
20' 40" Cast 663.67 feet; thence northeasterly 649.15 feet more or less
to the intersection with the East line of the West 75 rods of the North
1/2 of Section 15, said point is located 871.65 feet South from the
Southwesterly line of State Highway Number 5; thence North 60° 06' 58"
East 1,105.81'feet more or less to the intersection with the Southerly
line of State Highway Number 5; thence Northwesterly along said
Southerly line to the point of beginning. Except the West 637.5 feet .
of said described property.
Legal Description #3:
The East 1/2 of the Northwest 1/4 of Section 15, Township 116, Range 22 lying
South of State Highway Number 5; that part of the West 1/2 of the Northwest 1/4
of Section 15, Township 116, Range 22 lying East of the Westerly 75 rods and
South of State Trunk Highway Number 5 except that part of the above described
tracts lying northwesterly of the following described line:
Commencing at a point in the East line of said. West 75 rods, distant
871.65 feet South of the Southerly right-of-way line said Highway
Number 5, thence Northeasterly at an angle of 59 degrees, 37 minutes,
36 seconds with said line to the Southerly right-of-way line of said
Highway Number 5.
That part of the West 1/2 of the Northeast 1/4 of Section 15, Township 116, Range
22, Hennepin County, Minnesota, described as follows:
• Beginning at the Southeast corner of said West 1/2 of the Northeast 1/4;
thence running North along the East line of said West 1/2 of the North-
east 1/4 978.25 feet; thence deflecting to the left 48 degrees, 45
minutes, 21 seconds and running Northwesterly 83.44 feet; thence
deflecting to the left 20 degrees, 30 minutes, 30 seconds and running
Northwesterly 297.47 feet; thence deflecting to the right 3 degrees, 06
minutes, 30 seconds and running Northwesterly 215.82 feet; thence
deflecting to the right 11 degrees, 50 minutes, 40 seconds and running
Northwesterly 60.13 feet; thence deflecting to the left 13 degrees, 57
minutes, 50 seconds and running Northwesterly 100.66 feet; thence
deflecting to the right 16 degrees, 18 minutes, 10 seconds and running
Northerwesterly 506.65 feet; thence deflecting to the right 46 degrees,
56 minutes, 30 seconds and running Northwesterly 269.27 feet; thence
deflecting to the right 7 degrees, 45 minutes and running Northerly to
the Southerly right-of-way line of State Trunk Highway Number 5; thence
Southwesterly along said Southerly line to the West line of the North-
east 1/4; thence South along said West line to the Southwest corner of
said Northeast 1/4; thence East along said South line to the point of
beginning.
Subject to a power line easement created by instruments of record and Book 1051
of Deeds, page 593 and Book 1056 of Deeds page 320.
•
•
APPENDIX B
Benshoof and Associates
7901 Flying Cloud Drive
Eden Prairie, Minnesota 55344
June 29, 1982
MEMORANDUM
TO: Brauer & Associates Ltd. , Inc.
FROM: James A. Benshoof
SUBJ: Traffic Analysis for Proposed Technology Campus P.U.D.
•
INTRODUCTION
The purpose of this memorandum is to address Section III I.1
in the EAN for the proposed Technology Campus P.U.D., speci-
fically to respond to the following question: "Will the pro-
ject affect any existing or proposed transportation systems
(highway, railroad; water, airport, etc.)?"
As noted in the body of the FAN, the initial response to this
question is yes, due Lo potential effects on the highway
system. No significant effects are expected on any other
transportation system, e.g. railroad, water or airport.
In this context, the analysis presented herein addresses all
roadway items involving potential impacts and also focuses on
particular related points of interest expressed by staff of
the City of Eden Prairie and the Minnesota Department of
Transportation (MnDOT).
The remainder of this memorandum is organized as follows:
• Existing roadway and traffic conditions
• Planned roadway improvements
• Traffic forecasts
• Analysis and conclusions
EXISTING ROADWAY AND TRAFFIC CONDITIONS
T.H. 5 in the vicinity of the site presently accommodates
about 24,D00 vehicles per day, of which 1,270 (five percent)
are heavy commercial vehicles.l This portion of T.H. 5,
which is planned for upgrading in conjunction with Highway
I Source: 1980 State Traffic Flow Map
•
Brauer & Associates Ltd., Inc.
-2- June 29, 1982
212 reconstruction, is designated as an intermediate
arterial . The present speed limit on T.H. 5 in this area is
50 mph.
Mitchell Road is an important collector route on the western
boundary of the site. The intersection of T.H. 5 and
Mitchell Road is controlled by a traffic signal installation,
as is the next intersection to the east, T.H. 5 and 78th
Street.
Based on the most recent available traffic counts (1978 at
7Sth Street and 1979 at Mitchell Road), a capacity analysis
has indicated that the intersection of T.H. 5 and Mitchell
Road presently provides level of service C during the peak
periods, and that the intersections of T.H. 5 and 78th Street
,. presently provides level of service A operation. The
existing level of service at the 78th Street intersection is
deceiving because some congestion is experienced due in large
part to the elimination of one westbound traffic lane just
west of the intersection.
PLANNED ROADWAY IMPROVEMENTS
Since the focus of this analysis is on potential traffic
effects of the complete proposed development, it is important
to understand planned roadway improvements in the area, par-
ticularly improvements that, due to their character and
timing, could assist in accommodating development traffic.
Major planned roadway improvements that would improve
accessibility to/from the site include:
• Construction of Technology Drive between west of Mitchell
Road and Schooner Boulevard
• Construction of Anderson Lakes Parkway between Mitchell
Road and Highway 169
• Upgrading of Mitchell Road between Scenic Heights Drive
(Anderson Lakes Parkway) and T.H. 5
• Construction of Schooner Boulevard between T.H. 5 and
Highway 169.
Most, if not all , of these improvements are anticipated to be
completed within the next two to three years.
The Minnesota Department of Transportation , in conjunction
with the City of Eden Prairie and other agencies, .has for
years been planning improvements to Highway 212. The City
presently is conducting a feasibility analysis to define the
preferred alignment.
•
ir'I
•
Brauer & Associates Ltd. , Inc. -3- June 29, 1982
TRAFFIC FORECASTS
Utilizing the proposed development statistics and standard
trip generation rates2, a forecast has been made of the
amount of traffic that would be generted by the complete pro-
posed development.
The resultant trip generation forecast for the a.m. and p.m.
peak hours and for a daily basis are presented in Figure 3-1.
In order to assign these trips to the roadway system, it is
necessary to project the portion of development traffic that
will utilize each available approach route. A survey of the
residential locations of existing MTS employees was performed
to provide a basis for this trip distribution. Utilizing the
results of this survey, together with an anticipated future
trend that a greater portion of development trips will be
to/from locations near the site, the projected year 2000 trip
distribution for MTS, MCC, and other industrial uses is as
follows:
• Percent of Year 2000
Approach Direction Development Traffic
North on Mitchell Road 8
West on T.H. 5 20
South on Mitchell Road 17
(also includes west on
Technology Drive and south
on Anderson Lakes Parkway)
South on Schooner Boulevard 10
East on T.N. 5 45
The projected trip distribution for traffic to/from the pro-
posed restaurants is similar, but has a greater orientation
to/from Mitchell Road and less to/from the east on T.H. 5.
Applying the projected trip generation and distribution sta-
tistics, the a.m. and p.m. peak hour traffic volumes for full
development are shown in Figures 13-2 and 8-3, respectively.
It should be noted that for purposes of these volume fore-
casts, it is assumed that planned improvements would be
completed for Technology Drive, Anderson Lakes Parkway and
Schooner Boulevard. The forecasts pertain to existing access
patterns on T.N. 5, i.e. , intersections at Mitchell Road and
T.N. 5.
2 Source: 'Trip Generation - Institute of Transportation
Engineers", 1979. The only exception is that trips
generated by the two restaurants were reduced by 1/4
to account for trips between the restaurants and
industries within the development site.
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Brauer & Associates Ltd., Inc. -7- June 29, 1982
ANALYSIS AND CONCLUSIONS
The key question to address is, "Can the planned roadway
system effectively accommodate traffic to/from the complete
proposed development, together with all other projected traf-
fic, vith,out any adverse impacts?" Mn/DOT is in the process
of developing updated traffic forecasts for the T.H. 5 corri-
dor. Though the final results are not yet complete, it is
clear that previous trends of substantial volume growth are
expected to continue. Based on this information and on other
relevant points, such as existing traffic conditions, the
amount of traffic generated by the proposed development, and
anticipated additional development on nearby properties, the
following conclusions have been drawn regarding the potential
effects of the proposed Technology Campus development on the
roadway system:
o Technology Drive will serve as an important east-west
collector route through the site. The planned roadway
width of 36 feet and right-of-way width of 70 feet are
expected to be adequate for the projected volumes.
• Mitchell Road will carry a significant amount of develop-
ment traffic between T.N. 5 and Technology Drive,
substantiating the planned improvements to this roadway.
Traffic signal control ultimately may be needed at the
intersection of Mitchell Road and Technology Drive in
order to provide adequate traffic operation.
• 'Alpha Drive' , the short roadway link between Technology
Drive and Anderson Lakes Parkway, will carry about 1,000
vehicles per day. Without "Alpha Drive" most of these
•
trips would use Mitchell Road, increasing the potential
for congestion on this roadway and also requiring
increased travel distances for the trips involved. Given
these characteristics, it is concluded that the "Alpha
Drive" connection should be provided in conjunction with
full development of the site.
• Existing T.H. 5, which is at or over capacity under pre-
sent conditions, would he unable to accommodate full
development traffic without significant improvements.
The present concept plan of replacing Highway 5 with a
freeway type facility likely would provide adequate capa-
city to accommodate total projected volumes.
•
• MTS EAW
f
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 82-179
A RESOLUTION FINDING THE ENVIRONMENTAL ASSESSMENT
WORKSHEET FOR MIS A PRIVATE ACTION DOES NOT RE-
QUIRE AN ENVIRONMENTAL IMPACT STATEMENT
WHEREAS, the City Council of Eden Prairie did meet on July 20, 1982
to consider the MTS plat, and
WHEREAS, said development is located on approximately 150 acres
of land in central Eden Prairie, and
WHEREAS, the Eden Prairie Planning Commission did hold a public
hearing on the MIS request and did recommend approval of the Environmental
Assessment Worksheet finding of no significant impact,
NOW THEREFORE, be it resolved by the Eden Prairie City Council
that an Environmental Impact Statement is not necessary for MTS because
the project is not a major action which does not have significant
environmental effects and is not more than of local significance.
BE IT FURTHER RESOLVED, that a Negative Declaration Notice shall be
officially filed with the Minnesota Environmental Quality Council.
ADOPTED, this day of , 1982.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
SEAL
vi
.
•
CITY OF EDEN PRAIRIE •
HENNEPIN COUNTY,.MINNESOTA
RESOLUTION NO. 32.__ua
RESOLUTION APPROVING
P ROVIN SYSTEMS THE
CORPORATION IMIARY PLAT
• OF
DE 1T RESOLVED•by the Eden Prairie City Council as follows:
• That the preliminary plat of MTS Systems Corporation
dated 5/25/82 , a copy of which is on file at the City Hall
• and amended as follows:
•
•
•
` • •
is found to be in conformance with the provisions of the Eden Prairie
Zoning and Platting ordinances and amendments thereto and is herein
approved.
ADOPTED by the Eden Prairie City Council on the day of
• 19
Wolfgang H• Penzel, Mayor
John O. Frane, City Clerk •
SEAL
•
•
1,.{
'Unapproved
planning Comnission Minutes July 12, 1982
All members present.
C. BOUTEN DENTAL LAB, by Robert C. Bouten. Request to extend
the time limit to operate a dental lab as an interim use in
' a Rural District. Located at 8460 Franlo Road. A public
meeting.
Johnson stated that there had previously been a three year agreement on the property.
She pointed out the location of the site on the City map. When the agreement was
signed, the City Council had set specific contingencies - they have all been met.
There has been no complaints todate. Johnson reported the City
Staff had met and discussed this request, and prefer that Mr. Bouten •
ask for rezoning rather than an interim use and return to the Planning Commission.
Retterath asked Mr. Bouten if he plans to stay in the buiding. Bouten replied that
he would like to continue as an interim use at least three more years.
Retterath asked if he is against rezoning. Bouten replied that that would require
additional expense.
Torjesen stated that in a rezoning request, the final use is shown.
Bearman expressed concern that there is no ordinance reigning over interim uses and
stated he would prefer having the developer return with a rezoning request. He
also stated he would like the City Council to seriously look at interim uses.
MOTION
Retterath moved to recommend approval of the extension of the Interim Use Agreement
for another three years (June 4, 1985) as per the conditions listed in the June 4,
1979 Agreement noting the upholding of interim uses. Gartner seconded.
DISCUSSION
Sutliff asked if this project will go before the Board of Appeals. Johnson replied
no.
Torjesen asked that the City Council address the issue of interim uses be added to
the motion. Retterath and Gartner agreed.
Motion carried 6-1. Bearman voted no because he is not in agreement with interim
uses.
►y'
MEMO •
TO: Planning Commission
FROM: Jean Johnson, Assistant Planner •
1HR000ti: Chris Enger, Director of Planning •
DALE: July 8, 1982 •
SUBJECT: EXTENSION OF BOUlEN DENTAL LAB
INlLRlM USE, 8480 FRANLO ROAD
REFER TO: April 4, 1979 Staff Report;
Agreement dated June 4, 1979(attached)
• The Planning Commission received the initial request back in April of
1979.
The Council received the request at their May 1, 1979 meeting and
directed the staff to draft a developer's agreement. The agreement was
executed between Mr. Bouten and the City for a term of three years with
an option to renew.
•
After approval, Mr. Bouten began improvements to the property as requested
by the City: hard surface parking, landscaping and an additional access
from the building. The interim use has been in operation for three years
•
and no complaints or concerns have been raised.
The properties surrounding the dental lab have not changed in character
over the past three years. Future developments expected are: Hennepin
County Library Branch to the northeast, three plus years; Preserve Condo-
miniums 3 and 4 to the southeast, two plus years; and Bar Mil Eden Prairie
•
Neighborhood Commercial Center to the north, one to two years. (see figure
1)
•
the City does expect to have interim uses terminate and then review rezoning
requests on the properties. This allows for transition when surrounding
properties develop. •
Two alternatives are possible:
1. Recommend approval of the extension of the Interim Use Agreement for
another three years (June 4, 1985) as per the conditions listed in
the June 4, 19l9 Agrecnwnt.
2. Recou.mend that the Owner apply for rezoning of the property from
Rural to Office and request variance at Board of Appeals if needed
(i.e., private utilities, wood as exterior material). Variance
approval may include provisions imposed to insure compliance and to
protect adjacent properties, i.e. , time frame, connection to City
sewer and water, reconstruction, etc.
Item 2 would permit zoning of the property with review of the intended use
•
and any r rcr,,..+undid variance:, could be conditions of approval with tinrefranres
Iris the hoard of Appeals. this would assure when needed improvements would
be coholrted. This wnu.ld not preclude the construction of a new building on
the site. r •
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•
AGREEMENT
THIS AGREEMENT, made and entered into as of 4tot•{ , 1979
by and between MR. ROBERT C. BOUTEN, hereinafter referred to as "Owner",
and the CITY OF EDEN PRAIRIE, a municipal corporttion, hereinafter referred
to as "City",
WHEREAS, Owner filed with City an application to use an existing
single family residence located at 8460 Franlo Road as a dental lab
upon real property which is described as:
•
•
R.!..S. # 913, Lot B
hereinafter referred to as "the property", and
WHEREAS, accompanying said request there was filed with City, and
hereby made a part hereof, a document dated March 7,1979 outlining Owner's .
intent of use and maintenance of the property, attached hereto as Exhibit A, and
WHEREAS, an amendment to Exhibit A dated April 24, 1979, attached
hereto as Exhibit B, was filed with City changing the location of the parking
lot, and
WHEREAS, the City Council of the City did on May 1, 1979 review and
approve the interim use of the property according to Exhibits A&B and
the Staff Report dated April 4,1979 , attached hereto as Exhibit C.
NOW THEREFORE, be it agreed by and between the parties hereto:
1. That the property shall be used as a dental lab according
to the conditions outlined in Exhibits A,Bom t and
dC, forrm
period not to exceed three (3) years
of.
2. That this Agreement shall not he construed to involve
any special land use designation or zoning to the property
in the future.
-:.Agreement-Bouten Dental Lab
page 2• .
3. Upon expiration of three years from the date hereof, Owner
•
may request an extension of this Agreement subject to review _
by the City Planning Commission and review and approval by
•
the City Council.
• 4. That the provisions of this Agreement shall be binding upon
the Owner and are not transferable. Any transfer of the
property shall nulify said Agreement.
re
n
5. Notusehof9thenpropertycfrom three years�from nthe tdate o of hereof.
IN WITNESS WHEREOF , the parties to this Agreement have caused these
•
present to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE, a municipal
corporatio�nn ����
of the State o Minnesota
BY: .. // __(te -'
• }Jol fgangf H./Penzel, Its Mayor
BY. Kr�4.)7 . 7 fai
Ro
STATE DF MINNESOTA) gey/K. Ulstad, its Manager
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this 6 day of Qu.",/
1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad, the Mao ger of the
City of Eden Prairie, a municipal corporation
�onbehalf of the corporation.
;---"I.,.",�-1 N y Public
vl.%t,n�/1
r - MR. ROQERT C. BOUTEN, Owner
A-46-1-7(7-7 Z.- ITN-Ze.--,•\/
signature
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN) C, �C) 7C
The foregoing instrument was acknowledged before me this day of .l✓t
1979 by Mr. Robert C. Bouten C' /
.w N!/IIIM�'�'+.NlIMoN!rHIIIoft /��7" /�.��C'Ls"/
• 1 i/` ) GC/ON E. JEtrSI.N // _
jm t otary Public
� r�,l,�h�IARY tU�tIC�M�N NI:OtA
HCN NEIIN(OVN1Y
M,.Co,nmtuion f•o;.,, Oki.]1, 1957
RtIfttfkKlNNIfNIN 1i '
;,'( .
.
: '!(::,1'.' �.. • 1
NU1 1.1ND:\T.1' II '
.t •DOI:t;ll 1.n11•::;sore '
,` p:vrontir l7.li,�I:n•.r.ot t 15431
• March 7, 1979 '
City of Eden Prairie
8950 Eden Prairie Road .
Eden Prairie, Minnesota 55436
P : Dental laboratory in residential home.
. .
•
•
Gentlemen: .. .
• I request your consideration and approval for a dental
laboratory on the property at 8460 Franlo Road, Eden Prairie, Minn.
My intention will always be to maintain the esthetic placement
of trees, shrubs and green areas. I also have no desire to change the
residential appearance of the exterior. We will only need to paint the
•
building, clean up the.grounds and add a 10-12 car parking area which
will be estheticly blended into the landscape.
The intei•ioi of this 1144 squ^ e foot w:,lkout rambler adapts
perfectly to my crown and bridge dental lab busineso; virtually no
interior modifications will be necessary. I intend to keep the groundo
• in immaculate condition.
I started Normandala Dental Laboratory in July of 1973 and we have
been renting in a professional building at 9031 Ponn Avenue South,
Bloomington, Minnesota since that late. We have seven employees,
( 1 secretarial and 6 technicians). We will have very minimal traffic
( less than cue vehicle per hour maximum). Our business is conducted by
a pick up and delivery vehicle that goer out about noon and returns
about 5:00 P.M.
•
A preliminary study and projected layout of the lab accompany this
letter. Aloe enclosed is a copy of the staff report dated June 23,
on the property directly south (E180 Franlo Road). This is tthe Dentaltho
Office of Dr. nail Belvedere. I believe we would fit very
phil000phy invieioned in that utnff report.
I have'a purchase ngreemcnt contingent upon your approval ofou uld
buci.nces in thin location with a closing date of June 1, 1979. We
like to bo able to make tho move at that time.
I roopoctfully request your approval. •
f
Very eiuceroly,
bHulk,A'c. 111outen
Owner .l ,`? • EXHIBIT A
/ 71
•
�'
•
• Frank) Road
1 / '
1I 1
•
•
•
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•
•
•
8460 �
•
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_._. EXHIBIT B t
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•
MEMO • •
• . TO: . . Planning Conunission '
FROM: Jean Johnson, Assistant Planner •
THROUGH: . Chris Enger, Planning Director
DATE: April 4, 1979
PROJECT: INTERIM LAND USE OF HOME LOCATED AT 8460 FRANLO ROAD
BY MR. ROBERT C. BOUTEN
APPLICANT: Mr. Robert C. Bouter, - •
•
REQUEST: USE OF A RESIDENTIAL HOME LOCATED AT 8460 FRANLO
ROAD AS A DENTAL LAB
BACKGROUND/LAND USE _ -- - -
This site and surrounding land was shown as residential multiple in the
1968 Comprehensive Guide Plan. -
The Major Center Area PUD depicts the site as potential Regional Service
or Regional Office. .
..The Draft 1979 Guide Plan illustrates the site as Neighborhood Commercial.
70NING -_ - •
The site is presently zoned Rural. • • .
LOCATION MAP r
.1- I i-.--.--.-
-
.1 7 3.57 C-R E G Y
- ' ' - % E f.13/P{ZA RIE CENTER • ,
�. . . BAR
. TUDOR MIL
•._. . - : : IS : -- OAKS
t;/
t ...�� `; `
. - �/ ~i �OU[Pt1i'iS' DL. . n., -
• -- - PI ESEhVE
S .70-3/
'1 ' .......,.. j-i-7±-_,lir 1Mr T 1.4 T ,,
� ":c:; =:1(��N 1 O(r"; EXHIBIT C
Memo-Bouten Dental Lab -2-
J April 4, 1979
...•r •
REQUEST •
Mr. Beaten requests approval of an Interim Land Use Agreement between .
• himself and the City allowing him use of a residential structure for
a business of crown and bridge lab work. Exterior painting is proposed
along with additional parking space. No interior renovation is included
or signage request .
-
Major Center Area Interim Land Use A4�'eements:
Below is a list of interim land uses the City has approved on properties
within the Major Center Area.
Use Term
Location .
` July 13, 1976-
I Dr. Belvedere
dental facility 8430 Franlo Road dental facility July 13, 1981
•
real estate June 30,1977-
II Berm.
ea s 8110 Eden Road office indefinite
Reall Esttateate
•
•
III Dr. Lund 7928.Eden Road rental office May 16, 1978-
May 16, 1981
office ` ., .,=
/•�%ti' -, T —t_— — i s s, -�- /� C'R E G
------------ :,-\ -...... Iii5-ERK .d,-, '11 rt=z. "P 1 i,v];,-1--;--1 1 ---.
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j:_ sir :..1.04-: jr g...TI , l i
Memo-Bouten Dental Lab -3- April 4, 1979
:XISTING SITE CHARACTER
•
The home is located upon the high elevation in the southwest corner of
the 1.1 acre lot. The remainder of the lot drops off to the northwest
at an approximate 20% grade. .
Heavy vegetation exists to the north and west of the home providing a
natural screen between the home and Schooner Boulevard(150 feet to the
northeast) and the Eden Prairie Center(1,000•feet to the northeast).
•
• ORDINANCE REQUIREMENTS •
If the proponent were to request rezoning to Office District the proposal .
t'vould conform to ordinance setbacks, lot size, and it would exceed the
number of parking spaces required(5.7 are required, 12 are proposed).
BUILDING REQUIREMENTS
The Chief Building Inspector, upon request by the proponent, inspected the
home to determine if the structure was acceptable to be used as a dental •
lab. His inspection concluded that it would be necessary to have an
•
additional exit in the south exterior wall with appropriate landing.
The Cuildin Inspector also concluded that the structure does not meet
• current building standards as to stairway width, hall widths, toliet
facilities, etc., for office uses.
•
SITE PLAN
The proposed new drive and 12 parking spaces would be difficult to achieve
without a steep drive, considerable fill, and removal of 12-15 small elm
trees. -•
None of the parking stall dimensions meet the minimum ordinance width of
10 feet; and 2 stalls do not meet the required length of 20 feet.
No landscaping of the parking area has been illustrated.
RECOMMENDATIONS: _._ -
The Planning Staff would recoanend approval of the use subject to the
following conditions: -•
1. Relocate the new drive closer along the structure,
thus reducing the grade (see diagram on page4a ).
2. Combine the existing drive with the new drive,
thereby the property would have only 1 interaction with
Franlo Road. ( see diagram on page4a). ji --
-7 Memo aouten Dental Lab
-4- April 4 1979
Sued Rev_ isions , continued • •
3. Reduce the number of additional parking stalls to 8,
(8+2 existing = 10 stalls) this would reduce the asphalt
coverage , tree removal and infringement upon right-of-
ways while still providing enough parking for the
employees. Parking will have to be setback from Schooner
Boulevard 50 feet and cannot be within the front yard setback.
4. Proponent agrees to submit a landscaping plan to the Planning Staff depicting
additional plantings needed to effectively screen the parking
area.
5. Proponent agrees to submit a detailed grading construction plan of the
_ parking area to the Planning Staff for review and approval. ..
6: Proponent agrees to hard-surface the parking and drive areas. • -
7. Proponent agrees no signage will be allowed. •
8. Proponent agrees to no parking in the front yard setback.
9. Proponent agrees all truck loading and unloading will be carried on
• within a ;.omp�cc�iotel
•y enclosed building.
10. Interim use agreement be entered into for a period of three years.
•
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Right-of-Way
FRANLO ROAD /
•
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• •
• 4a i
III/i
16401 Hilltop Road
Eden Prairie, MN 55344
July 12, 1982
'Mayor and City Council
City of Eden Prairie
6950 Eden Prairie Road
Eden Prairie, MN 55344
Re: Request to Allow Administrative Split of
Lot 5 Block 2 Eden Heights Addition
(16401 Hilltop Road, Eden Prairie)
Dear Mayor and City Council:
With this letter, we hereby request that the City Council
consider and allow an administrative split to be made on
our property, located at 16401 Hilltop Road, Eden Prairie.
The property's dimensions are 100' by 450' deep. Attached
is a sketch of the property, which also shows how we would
propose that it be divided, making of the 1 acre lot two 1/2 acre
lots measuring 100' x 225'.
It is uui uaJerstardir, that other divisions of this nature have
been approved and made within our immediate neighborhood, and
we feel that two 1/2 acre lots would be consistent with the
neighborhood, and the eleven other lots of approximately the
same size located there.
As the sketch also shows, the division of our lot into two lots
would give the newly created lot frontage onto Valley Road.
Thank you for giving consideration to this matter.
Sincerely,
Bill & Karen Reitherman
f
Mayor and City Council
City of Eden Prairie
Sketch of Proposed Division
16401 Hilltop Road
Rill and Karen Reitherman
•
•
1p0' HILI.'1O? RoA>
•
•
6u .GT _ 1)1V IStO tJ
N
—loop VALLEY
11 I tG_l •zALE. r loot
PA •
RICH'RD W. ANDERSON, INC.
G OPER
July 14, 1982
Mr. Chris Enger
Director of Planning
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Re: Berm Between Lee Data Building and Shady Oak Industrial
Park 5th Addition
Dear Mr. Enger:
Scott Anderson and myself met with representatives from
Rauenhorst Corporation recently to discuss the above
referred berm. It was agreed that lowering the berm to ele-
i vation 877.0 as shown on the attached sketch would be in the
best interest of both parties.
We are requesting permission from the City to allow Rauenhorst
to make this change. Thank you for your consideration.
Sincerely,
RICCHARD W. ANDERSON, INC. (ADI)
�✓clilhL� ��2CcC64/1,
Warren J. Is nelson, P.E.
/tm
cc: John E. McKenzie, P.E. , Rauenhorst
•
10125 Crosstown Circle //ll Phone(612)9446803 i
[den Prairie,MN 55344 �r 1V
A RAUFSIORSI COI','ANV
Gnus CORPORATION
July 12, 1982
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Attention: Mr. Chris Eager
Planning Director
Reference: Lee Data
Grades at East Property Line
• mar Mr. F�ager:
This letter is written as a followup to our phone conversation of Friday,
July 9, 1982, in reference to the revised grades planned for the east
property line on the Lee Data property.
As discussed in our conversation, I met with Scott Anderson and Warren
Isn:aeison of Anderson Development, Inc. Friday morning on the site to
review the grades along the property line. At our meeting, we agreed
on the following:
1. Along the extent of the building, the grade at the property line
will be lowered to elevation 877.
2. North of our building, at the "berm" location, the grade at the
Property line will vary from elevation 880 gradually down to the
grades proposed for the extension of West 70th Street.
These revised grades are now shown on our Grading and Utility Plan
(Sheet C2 dated Revised July 12, 1982). I have enclosed two (2) prints
for your files.
If you have any questions or ccnrrents regarding this matter, please call.
Sincerely,
OPUS CORPORATION
L�
oln A cKenenz i e
Project Manager
Enclosure
xc: Warren Israelson, 1)I
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EHLERS AND ASSOCIATES, INC.
FINANCIAL SPECIALISTS
r IRST NATIONALSOO LINE CONCOURSE 607 MARQUETTE AVE.. MINNEAPDLI$,MINNESOTA 55402 339_B2B1(AREA CODE 8121
81101
• PROPOSAL AND AGREEMENT
INDEPENDENT FINANCIAL CONSULTING SERVICE
TO: The Mayor and City Council
City of Eden Prairie, Minnesota
The following is a proposal to engage Ehlers and Associates,Inc.as financial specialists in three areas of
work(line out inapplicable service): (1)to execute certain financing by the sale of obligations;(2)to
suggest and analyze all financing material and reports necessary to properly explain the project financ-
ing, e.g., planning and authorization of obligations; and (3t perform extended or ancillary services
preceding,during or after authorization and sales of obligations,but which are not normally involved in
a project financing.
{ Pursuant to your request,we submit the following offer to provide independent financial consulting
services.
Definitions
Community means the state,county,city,town,school district or other governmental subdivision
to which this proposal is addressed.
Government means the administration,county board,city council,town board,school board,or
other body or assembly charged with the management and control of the community. Where the words
"you"or "your"appear,they shall refer to the government as defined above to which this may be
addressed.
Company refers to Ehlers and Associates,Inc.or its successors. The words"we"or"us"or"our"
shall mean the company.
Obligations mean any bonds,notes,certificates of indebtedness,warrants or other instruments of
indebtedness which may be issued by the government to obtain funds for a capital improvement project
in or for the community.
Authorization means approval of a project by the required majority of voters or approval by the
governing body andior other agencies from which approval for the project must be obtained following
the required procedures so that no further approvals are needed prior to issuance of obligations.
Project refers to the capital improvement(s)on which the government or its administration shall
have directed us to perform financial consulting services.
•
I
{
81101 •
Execution of Project Financing
As our standard service in marketing and issuing obligations after authorization,we shall:
1. Serve as the government's independent financial specialist.
2. Refrain from any dealer or investor interest in obligations of the community and receive no com-
pensation in connection with the project financing,either directly or indirectly,from any source
other than the compensation and reimbursement paid us by the community and its government
under the terms of this proposal.
3. Cooperate in every way with you, your administration, planners, engineers andlor architects,
attorneys and other authorized representatives.
4. Provide standard debt retirement schedules.
5. Consult with attorneys of your choice relative to minutes,resolutions and proceedings necessary
for the issuance of obligations.
6. Advise you of bond market conditions and recommend sale details consistent with the com-
munity's objectives which will best assure the successful sale of your bonds.
7. Research,author,produce and distribute a thorough,accurate and attractive official statement
for the sale of obligations.
8. Advertise the sale as required and in such other financial publications as will best assure com-
petitive bidding for your obligations.
9. Where required or desirable,and in lieu of services specified in Sections 7 and 8 of above(of-
tidal statement,advertising),negotiate on behalf of the government with interested purchasers
for the sale of obligations to obtain the best possible terms thereon for the community.
10. If required or advisable,prepare and forward financial,cultural,demographic and other descrip-
tive material to rating services to secure a rating for the community's obligations.
11. As an independent agent,as may be requested,receive,complete and deliver bids to the sale on
behalf of any underwriters requesting such service.
12. Attend the sale of the obligations,compute bids and advise you as to their acceptability in the
light of bond market conditions.
13. Supervise the printing and execution of the obligations.
14. Coordinate our efforts with those of local counsel and recognized bond approving attorneys of
your choice to better assure a valid approving opinion as to the legality of the obligations.
15. Supervise delivery of the obligations,closing the financial transaction and delivery of the pro-
ceeds to the government.
16. As independent consultants,having no financial interest in the transaction,and at the request of
the government,assist in the investment of the sale proceeds consistent with safety and the
financial requirements of the community.
17. Provide a record book and all necessary data for the use of the government and its administra-
tors through the maturity of the issue.
18. Maintain copies of proceedings(hard copy or microfilm)until final maturity of the obligations.
1.2
•
•
81101
In return for the services described above in connection with the financing of a project and for each
issue or series of obligations,we shall be entitled to a foe,due and payable only upon the award of the
sale of the obligations or commitment from the appropriate state or federal agency of a grant or loan for
the project,as follows:
$13.44 per $1,000 for the first $500,000 bonds issued;
$ 6.72 per $1,000 for the next $500,000 bonds issued;
$ 3.36 per $1,000 for the next $1,000,000 bonds issued
$ 1.33 per $1,000 for any bonds issued in excess of $2,000,000.
The gross fee for any offering processed above shall not be less than $3,600.
When more than one bond issue is sold in a single offering,the fee for the smaller issuelsl of the offering
shall be reduced by twenty-five percent;provided,however,that the fee for any issue shall not be less
than $3,600.
For revenue bonds,including"double barrelled"general obligation revenue bonds,the above fee shall
be multiplied by 1.5.
From said fee we are to pay the costs of computer services furnished or ordered by us in connection
with processing such issues,advertising the sale,preparation and distribution of the official statement,
printing of the obligations, and normal company personnel travel and overhead expense required to
service a normal bond issue. All legal fees, C.P.A.or accountant's charges,and the charges for any
other professional work required to complete the project financing,aad all bond rating expenses and the
cost of any authenticating agent shall he paid by the government.
It is further agreed that you reserve the right to reject all offers secured for the obligations without obliga-
tion to us for the above computed fee. If market rate offers are received and rejected, we shall be
reimbursed any out of pocket expense for advertising,printing and distribution of an official statement
and travel.
If a project is abandoned before or after receiving bids on bonds,we shall be reimbursed for our actual
time spent on the project.
Limitation of Liability;Bond Market and Interest Rates
The bond market and interest rates can be volatile and fast changing,subject to factors beyond the
control or knowledge of the consultant,and Ehlers and Associates,Inc.shall not be liable for differential
interest costs which might be determinable only after the sale. For example,should we recommend a
bond sale and it later appears that, had the sale been advanced or postponed,a lower interest rate
might have been obtained,neither the company nor employees of the company shall be held liable for
the differential interest cost.
Government Regulations;Renegotiation
The United States government recently adopted and may in the future adopt laws and regulations rela-
ting to the sale and issuance of municipal bonds. Depending upon future regulations and interpretations
thereof, substantial additional duties and responsibilities may be imposed not contemplated in the
description of services above. Should such laws and regulations result in such added work and costs
that they cannot be performed within the compensation provided in this proposal,the company reserves
the right to renegotiate the company's compensation, provided however,that if the patties cannot re-
negotiate an agreement to their mutual satisfaction, this contract may be terminated, provided that
the company shall be compensated for services and expenses incurred to that time according to the
terms of this proposal, and the work product or copies thereof shall be delivered to the government.
Any computer programs prepared or used by the company shall remain the exclusive property of the
company.
1 1.3
.
•
81101
Duties of the Community
The community will authorize and direct its administration, attorneys, bond counsel, accountants,
engineers,architects,actuaries,and other consultants to prepare and furnish such information as may
be reasonably necessary for the company to carry out its duties and obligations,all at no cost to the
company. The government shall provide financial statements(audit reports if available)for at least the
last three fiscal years and, if necessary, through the last quarter fiscal year prior to any bond sale,
without cost to the company.
Termination
Except as otherwise provided,this agreement shall continue in effect subject to termination by either
party upon 60 days written notice.
Inflation;Delayed Project
The fees and estimated costs stated herein shall govern for the twelve calendar months following first
execution of this agreement. However,if the project is not completed within that period,said fee may
be increased by a factor as determined from official cost of living indices.
Fee;Payment
Fees billed under this agreement shall be due and payable within thirty days and, if not paid within
sixty days,interest at the;rate of 1 per month may be added to the cumulative balance until paid.
Special Provisions
In the event that a particular bond issue requires additional services
not covered under this agreement, both parties shall mutually agree upon
the scope and fee schedule for such additional services.
Respectfully submitted,
EHLERS AND ASSOCIATES,INC.
By:
The above proposal is hereby accepted by The City Council of the City of Eden Prairie,
Mi nnesota (the community),
by its authorized officers this_ day of 19 82 .
Attest: By;
fi
1.4
ADDENDUM NO. 1
TO
JOINT ANO COOPERATIVE AGREEMENT
PUBLIC SAFETY RADIO DISPATCHING SERVICE
This Addendum No. 1 to Joint and Cooperative Agreement, Public Safety Radio
Dispatching Service between the City of Richfield and the City of Eden
Prairie ("Agreement") is made between the parties hereto as follows:
1. The first paragraph of Section 2 of the Agreement shall
read as follows:
"2. Management and Supervision. The operation of the
System, during the time that this agreement is in effect,
shall be under the supervision of a Management Committee
consisting of equal representation from both parties.
There shall be four members of such committee, consisting
of the city managers and public safety directors of the
parties. In addition, each party may designate one
Councilperson as an ex-officio, non-voting member of the
Management Committee for the purpose of providing a
liaison person between the Management Committee and the
respective City Councils."
Dated this 2Pth day of June , 1982.
CITY OF ICHFIELO-
gy ;, /
/L
Its Mai /
By 12,C:4A—cal,—
Its Manager
(CITY SEAL)
CITY OF EOEN PRAIRIE
By_
Its Mayor
By
Its Manager
(CITY SEAL)
1
• ' July 20, 1982
• F
• . •
CITY or EDEII PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R82-183 '
RESOLUTION ACCEPTING BID • .
• WHEREAS, pursuant to an advertisement for bids for the following
improvements: .
I.C. 52-031, West 76th Improvement .
bids were received, opened and tabulated according to law. Those bids received
are shown on the attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of 'contract to
• S.M. Hentges & Sons •
• as the lowest responsible bidder.
• • NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council
as follows:
• The Mayor and City Manager are hereby authorized and directed ..
to enter into a contract with S.M. Hentges•& Sons
in the name of the City of Eden Prairie in the amount of
$41,315.00 in accordance with the plans and
• specifications thereof approved by the Council and on file
.in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on July 20, 1982.
Wolfgang H. Penzel, Mayor •
ATTEST: SEAL
John U. Franc, City Clerk I0J
MEMO
To: Mayor Penzel and Members of the City Council
From: Eugene A. Dietz, Director of Public Works
Date: July 15, 1982
Subject: Summary of bids for Improvement Contract 52-031
(Street Improvements For West 76th Street)
Sealed bids were received at 10:00 A.M. on Thursday, July 15, 1982
for the above referenced improvement. Six bids were received
• and tabulated as follows:
BID
BIDDER SECURITY TOTAL BID AMOUNT
S.M. Hentges & Sons 5% $ 41,315.00
Wm. G. Pearson,Inc. 5% $ 42,250.25
Valley Paving, Inc. 5% $ 42,514.25
Aero Asphalt, Inc. 5% $ 42,804.50
Hardrives, Inc. 5% $ 54,227.50
Barber Construction 5% $ 60,770.00
Engineer estimate $ 35,300.00
The low bid is approximately 15% above our estimate.
Recommend award of contract 52-031 to S.M. Hentges & Sons in
amount of $41,315.00.
•
)11-15 /61
July 20, 1982
a
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION ND. 82-184
VALLEY VIEW ROAD IMPROVEMENT AGREEMENT
WITH HENNEPIN COUNTY DOT
WHEREAS, the County Engineer for Hennepin County has prepared
plans, special provisions and specifications for the improvement of Valley
View Road, CSAH 39, within the corporate limits of the City of Eden Prairie; and
WHEREAS, agreement number PW 16-49-82 has been prepared to determine
cost allocations and responsibilities for the project.
NOW, THEN, BE IT RESOLVED that the City Council of the City of
Eden Prairie does hereby approve of agreement PW 16-49-82 and authorizes its
Mayor and City Manager to execute said agreement.
ADOPTED by the City of Eden Prairie on July 2D, 1982.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
•
John D. Frane, Clerk
•
S• 37S 1
DEPARTMENT OF TRANSPORTATION '"
7j--
320 Washington Av. South 41
Hopkins, Minnesota 55343 \.,;.'i
HENNEPIN
_ 935-3381
July 8, 1982 '
Mr. Eugene Dietz
Director of Public Works
City of Eden Prairie
895D Eden Prairie Road
Eden Prairie, Minnesota 55344
CSAH 39, COUNTY PROJECT 8055
PUBLIC WORKS AGREEMENT PW 16-49-82
Dear Mr. Dietz:
Submitted for city approval are two copies of a Contruction Cooperative
Agreement for the above referenced project.
If approved, please have both copies signed by the appropriate city officials
and return both copies to this office. In addition, please return a certified
copy of the resolution authorizing the mayor and manager to sign the agreement.
As you know, there have been delays in the acquisition of right of way on this
project. When the right of way has been cleared, we will,advertise for bids,
hopefully this fall, with construction to be accomplished in 1983.
If you have any questions concerning this agreement, we will be glad to discuss
them with you. Your early attention to this matter will be appreciated.
Si cerel ,
ern Ge 4tnger, .
Chief, Dos'ign Division
VG/GAR:lar
' Enclosures
HENNEPIN COUNTY
,
n an equal opportunity employer
II
.Agreement No. PW 16-49-82 .
County Project No. 8055 1
County Road No. 39
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 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 Road No. 39 between 0.4 miles west of County
State Aid Highway No. 18 and County State Aid Highway No. 18 (Engineers' Stations LS
155+50 and Ls 177+80.78) as shown on the County Engineer's plans for County Project No.
8055, which improvement contemplates and includes grading, drainage, concrete curb and
gutter, bituminous base, bituminous surfacing, traffic signals and other related
improvements; and
WHEREAS, A portion of above described project lies within the corporate limits of
the City, and
WHEREAS, The County Engineer has heretofore prepared an engineer's estimate of
quantities and unit prices of material and labor for the above described project and an
estimate of the total cost for contract work in the sum of Four Hundred Ninety-Five
Thousand, Three Hundred Sixty-Nine Dollars and Sixty Cents ($495,369.60). 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 wilt advertise and receive bids for the work and construction of
the aforesaid Project No. 8055. Following the receipt of such bids, the County shall
promptly submit to the City a copy of the abstract of bids received for the project
I1
together with a request for concurrence by the City or the City Engineer in the award
of a construction contract. The County shall not make a construction contract award
for the project until the City or the City Engineer advises the County In writing of
concurrence in such award. Upon receipt of concurrence by the City, the County will
enter into a contract with the successful bidder at the unit price specified in the bid
' of such bidder, according to law in such case provided for counties. The contract will
be in form and will include the plans and specifications prepared by the County, which
said plans and specifications are by this reference made a part hereof.
II
The County, at its own expense, will administer the contract and inspect the
construction of the contract work contemplated herewith. However, the City Engineer of
Eden Prairie shall cooperate with the County Engineer and his staff at their request to
the extent necessary, but will have no responsibility for the supervision of the work.
III
All extra work orders or changes in the plans during construction of said Project
No. ou55 shall be subject to the approval of the City Fngineer of Eden Prairie prior to
• performing the work in accordance with such extra work orders or changes in the plans.
IV
The County 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 reimbursed (100 percent) by the City
• to the County.
The right of way costs incurred as described herein shall include all acquisition
costs including, but not limited to, any and all damages occurring to any person or
persons, including private utilities, in relocating or removing or adjusting main
conduits or other structures located in or upon the land taken 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 su:h contract with respect to the
improvement of County Road No. 39 as shown on the plans for County Project No. 8055.
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. Said costs shall be reimbursed by the City within thirty (30) days after
submittal.
. The estimated total right of way cost for the project is $90,000.00.
V
The City shall reimburse the County for 100 percent of the construction cost of
the contract work for said project. It is further agreed that the Engineer's Estimate
referred to on Page 1 of this agreement is an estimate of the construction cost for the
contract work on said project and that the unit prices set forth in the contract with
• the successful bidder and the final quantities as measured by the Engineer shall govern
. in computing the total final contract construction cost.
VI
Within thirty (30) 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 contract construction cost for the project. Said deposit amount shall be
based on actual cortract unit prices for estimated quantities shown in the plans.
Upon completion of the contract and upon payment of the Final Estimate to the
successful bidder by Hennepin County, the County Engineer will compute the final amount
due the County from the City. From the final amount due will be deducted the amount
deposited with the Hennepin County Treasurer by the City. If the final amount due the
County from the City shall be less than the total amount deposited, then in that event,
the balance of said sum shall be returned to the City without interest. If the amount
due the County from the City shall be greater than the total amount deposited, then in
that event, upon billing by the County, the balance of said sum shall be paid by the
City as its final payment for the contract work on 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
It is agreed that the City will, at its own expense, remove all City owned signs
that are within the construction limits of this project and the County, at its own
expense, will remove all County owned signs.
X
Detouring of traffic will be necessary during the construction. The detour
• routes shall be mutually agreed upon by the County and the City. All guide signs,
regulatory signs and pavement markings shall be furnished, installed and maintained by ,
the County at no expense to the City.
The County will, at its expense, maintain said detour routes while the, are in
•
use.
The County does not agree to become responsible for any damage caused by
increased traffic on City streets not marked as an official detour or alternate route.
XI
The City agrees that any City license required to perform electrical work within
the City shall be issued to the Contractor or the County at no cost to the Contractor
or the County.
XII
The City shall install, or cause the installation of an adequate two wire, 120
volt, single phase, alternating current electrical power connection to the traffic
control signals and integral street lights included in the contract at the sole cost
and expense of the City. Further, the City shall provide the electrical energy for the
operation of the said traffic control signals and street lights at the sole cost and
expense of the City.
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 virture of performance of its own work as provided herein.
XIV
It is agreed by the parties hereto that existing County Road 39 from Trunk
Highway 169 to and along the easterly corporate limits of the City of Eden Prairie
shall be removed from the County Highway System and become a part of the City's street
system. Said change in route designation shall become effective and all rights and
obligations vested in the County shall be transferred to the City after all of the
following terms and conditions have been satisfied:
A. All work required under County Project No. 8055 has been completed.
B. The County has patched all damaged bituminous shoulder areas on said County
Road 39 between Smetana Lane and the westerly project limit of said Project
No. 8055.
C. The County has applied a bituminous fog seal coat on all bituminous shoulders
• within the above described designation change limits.
D. The County has repaired existing erosion damage in the area where Nine Mile
Creek crosses County Road 39.
E. The County has applied new paint striping on County Road 39 within the above
described designation change limits.
XV
It is further agreed that any and all employees of the City and all other persons
engaged by the City in the performance of any work or services required or provided
i
herein to be performed by the City shall not be considered employees of the County, and 1
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
' r
and any and all claims made by any third parties as a consequence of
while so engagedof the work
any act or omission on the part
eredshereio shailsin while
way be the obligation or
1, or services provided to be rend
responsibility of the County.
he CountY
all other persons
ed by
he
Also, any and all employeeof k or servicesnrequtred or provided forghereintto be
• County in the performance of any of the City, and that any and
• performed by the County shall not be considered employees
all claims that may or might arise under the Worker's Compensation Act or the
ota
Unemployment Compensation Act of the State of MianYsthirdnparties as a said
consequenceemployees
of
while so engaged and any and all claims made by se the work
any act or omission on the part of said employees while so engaged on any
of or services provided to be rendered herein shall in no way be the obligation or
. responsibility of the City.
XVI
The provisions of M. S. 161.59 and of any applicable local ordinance relating to
civil rights and discrimination and the affirmative action policy statement of Hennepin
County shall be considered a part of this agreement as though fully set forth herein.
•
3
1
•
iJJ
IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be
executed by their respective duly authorized officers as of the day and year
first above written.
CITY OF EDEN PRAIRIE
By:
Mayor
(Seal) , Date:
And:
Manager
Date:
COUNTY OF HENNEPIN
ATTEST: By:
Chairman of its County Board
• Date:
Deputy County Auditor
• And:
Associate County Administrator
Date: and County Engineer
Upon proper execution, this agreement Date:
will be legally valid and binding.
0 ( RECOMMENDED FDR APPROVAL
By:• Assistant County Attorney
By:
Date: A / Director, Department of Transportation
Approved as to execution Date:
By:
Assistant County Attorney
Date:
i rI a.
•
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