HomeMy WebLinkAboutCity Council - 10/18/1983 EDEN PRAIRIE
CITY COUNCIL AGENDA
JES( ', OCTOBER 18, 1983 7:30 PM, CITY HALL
)UNCIL MEMBERS: Mayor Wolfgang Penzel, Richard Anderson, George
Bentley, Paul Redpath and George Tangen
1TY COUNCIL STAFF: City Manager Carl J. Jullie; City Attorney
Roger Pauly; Finance Director John Frane;
Planning Director Chris Enger; Director of
Community Services Robert Lambert; Director
of Public Works Eugene A. Dietz, and Recording
Secretary Karen Michael
NVOCATION: Councilman Paul Redpath
LEDGE OF ALLEGIANCE
!OIL CALL
1. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
II. MINUTES
A. Special City Council Meeting held Tuesday, September 27, 1983 Page 2176
r/ B. Regular City Council Meeting held Tuesday, October 4, 1983 • Page 2182
111` CONSENT CALENDAR
A. Clerk's License List Page 2187 i
B. Reject Bid of Phase I Cummins-Grill Homestead and Authorize to Rebid Page 2168
1
C. Final Plat Approval for North Bay of Timber Lakes (Resolution No. 83-256) Page 2192 q
,
D. 2nd Readin of Ordinance No. 44-83, Zoning from Rural to RM-2.5 for Page 2195 i
Preserve Manor Addition py Quality Homes, Approval of Devel ope i-
Agreement for Preserve Manor Addition, and Adoption of Resolution
No. 83-256, Approving Summary_of Ordinance No. 44-83, and Ordering
the Publication of said Summary for Preserve Manor Addition. 4.04
acres for 32 units. Location: Northeast corner of Center Way and j
Anderson Lakes Parkway. 1
E. Final Plat Approval for the Preserve Manor Addition (Resolution No. 83- Page 2204
259) 1
F. 2nd Reading of Ordinance No. 31-83, Zoning from Rural to Office for Page 2207
Janes Refriaera_tion, Approval of Developer's Agreement for James
Refri9eration, and Adoption of Resolution No. 83-254, Approving Summary ; ,
of—
Ordinance No. 31=83, and Ordering the Publication of saidSummary_o
James Refrigeration. 2.16 acres at the southwest corner of Shady Oak
Road and U.S Highway 169.
G. Final Plat Approval for Northmark 4th Addition (Resolution No. 63-261) Page 2213
ity Council Agenda - 2 - Tues.,October 18, 1983
H. 2nd Reading of Ordinance No. 47-83, Zoning from Rural to R1-13.5, Page 2216
R1_9.5,_and RM-6.5 for tipple Groves by Northwest Properties, Approval of
(
Deti�elcer's3gree�rent for A_p a Groves, and Adoption of Resl>lut_ion No.
83-255, Approving_Summary. of Ordinance No. 47-83, and Ordering Publication
of Said Summary for Apple Groves. 40.91 acres for 162 units. Location:
South of Valley View Road and west of Lorence Addition.
1. 2nd Reading of Ordinance No. 54-83, amending City Code Chapter 2 by adding Page 2217
thereto Section 2.87 relating to the establishment of a Civil Defense
Aooenia, and adopting by. reference City Code Chapter 1 and Section 2.99 which,
among other things, contain penalty provisions.
J. 2nd Reading of Ordinance No. 49-83, Zoning from Rural to Regional Page 2218
rommerci'TService and Approval of Resolution No. 83-262, Approving. Site
Plan for Ricky Ites for Prairie Wash Addition. TM acres for car wash/
office at soutTieasi-quadrant of Prairie Center Drive and Valley View Road.
K. Final Plat approval for Prairie Wash Addition (Resolution No. 83-260) Page 2222
s
L. Award Contract for Lime Sludge Removal, 1983 (Resolution No. 83-262) Page 2224 t
I ?
IV. PUBLIC HEARINGS 14
A. BLUFF RIDGE by Mark Charles. Request for Comprehensive Guide Plan Amend- Page 2226
mint rom—Cow Density Residential to Medium Density Residential, Planned x
Unit Development District Review and Zoning from Rural to RM-6.5 and
R1-9.5 for 88 units, and Preliminary Plat of 16.2 acres for mixed . ss
residential use. Location: Southeast quadrant of County Road 1 and ,.
( Franlo Road. (Resolution No. 83-251 - Comprehensive Guide Plan Amend- ' 1
ment; Ordinance No. 51-83 - PUD District and Zoning; and Resolution No. !
83-252 - Preliminary Plat) I t
B. PAULSEN'S ADDITION by Dirlam Development. Request for Zoning District Page 2253
Change from Rural to R1-13.5 and R1-9.5 and Preliminary Plat of 21.6 acres
for 43 single family residential lots. Location: South of Valley View s
Road, east of Ticonderoga Trail . (Ordinance No. 52-83 - Zoning; and
Resolution No. 83-247 - Preliminary Plat)
C. FIRST NATIONAL BANK OF EDINA. Request for Site Plan Review and Zoning Page 2260
District Amendment from Rural to Regional Commercial Service for a drive-
through banking facility. Location: Prairie Center Drive and Franlo
Road. (Ordinance No. 53-83 - Zoning)
V. PAYMENT OF CLAIMS NOS. 10082 - 10300 . Page 2266
VI. REPORTS OF ADVISORY COMMISSIONS
A. Historical & Cultural Commission - Request for authorization for approval Page 2272
of Phase II Renovations to the Cummins-Grill Homestead
% I. PETITIONS, REQUESTS & COMMUNICATIONS
'1. LEE DATA ACCESS by Opus Corporation. Request for Registered Land Survey Page 2278
1 for 0.4 acre for alternate access for Lee Data Site. Location: West
70th Street at Highway 169. (Resolution No. 83-253 - Approving R.L.S.)
B. Request for Amendment to Flying Cloud Sanitary Landfill Operating Permit Page 2283
ty Council Agenda - 3 - Tues.;October 18, 1983
II. APPOINTMENTS
Appointment of one member to the Human Rights & Services Commission to fill Page 2284
\ an unexpired term to 2/28/85
B. Appointment of Council Representative to the Preserve Area "G" Commercial Page 2286
Review Committee
IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council Members
B. Report of City Manager
C. Report of City Attorney
D. Report of Director of Community Services
1. Review and approval of Contract for Summer Hockey School at Community page 2287
Center
2. Purgatory Creek Recreation Area Master Plan Contract Page 2293
X. NEW BUSINESS
XI. ADJOURNMENT.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
SPECIAL MEETING
TUESDAY, SEPTEMBER 27, 1983 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel, Richard Anderson,
George Bentley, Paul Redpath and George
Tangen
CITY COUNCIL STAFF: City Manager Carl J. Jullie; Finance
Director John Frane; Director of
Community Services Robert Lambert; and
Recording Secretary Joyce Provo
I. ROLL CALL
Penzel, Anderson, Bentley and Tangen present; Redpath arrived at 9:00 PM.
II. CALL MEETING TO ORDER •
The meeting was called to order by Mayor Penzel at 7:3D PM.
III. APPROVAL OF AGENDA
( Bentley moved, seconded by Tangen, to approve the Agenda as published. Motion
carried unanimously.
IV. SELECTION OF PLANNING FIRM FOR PURGATORY CREEK RECREATION AREA
City Manager Jullie explained that in April of 1983 the City Council authorized
staff to develop a design competition for selection of a planning firm to complete
the Master Plan for the Purgatory Creek Recreation Area. Three planning teams
were selected to compete in the design competition: Brauer and Associates from
Eden Prairie, Saunders-Thalden and Associates of Eden Prairie with Theodore Wirth
•
& Associates from Billings, Montana, and John Tietz Associates from Excelsior with
Jones and Jones from Seattle, Washington.
Director of Community Services Lambert summarized the process that was followed
as outlined in his memo of September 14, 1983. The Planning Review Committee
felt it was a very close choice between Brauer and Associates and the Saunders-
Thalden/Wirth group as both plans are conceptually quite similar. The committee
felt that the Saunders-Thalden/Wirth group put the most effort into developing
the concept plan and provided an excellent presentation on their ideas for .
development and thus recommended that the Council award the Saunders-Thalden/
Wirth planning team the winner of the design competition. Lambert requested
authorization from the Council to negotiate with the Saunders-Thalden/Wirth
group regarding fees to prepare a master plan for the Purgatory Creek Recreation
Area, and if that were not forthcoming in a reasonable amount of time, Brauer and
Associates would be used. Lambert responded to questions raised by Council members.
Penzel asked if there were any comments from the three planning firms involved.
John Worrall, Brauer & Associates, thanked the Council for the opportunity to
compete in the design competition and emphasized the fairness in the selection
process.
Special City Council Meeting - 2 - September 27, 1983
Gary Tushie, Saunders-Thalden/Wirth group, commented he was very excited about
( the project and is looking forward to working with the City and other agencies
involved.
MOTION: Bentley moved, seconded by Tangen, to award the Saunders-Thalden/Wirth
group the winners of the design competition for the Purgatory Creek Recreation
Area. Motion carried unanimously.
MOTION: Tangen moved, seconded by Anderson, to instruct staff to negotiate
a contract, including fees, with the Saunders-Thalden/Wirth group for final
action by the Council no later than October 18th. Motion carried unanimously.
i
The Council complimented all three firms on the plans submitted with the expressed
regret that there couldn't be three winners.
V. DISCUSSION OF THE 1984 CITY BUDGET (Continued from September 13, 1983) i
At the September 13th City Budget hearing the Council asked for additional
information on Storefront (page 15 of the 1984 City Budget). Steven Lepinski,
Director of Storefront Youth Action, addressed the Council concerning the Southdale
YMCA's exploring the need for what the YMCA calls "detached workers", which provides ;
youth counselling in communities. In a number of communities the YMCA operates its
programs very similar to what Storefront Action provides in Eden Prairie. As they I
began exploring, the YMCA came to Mr. Lepinski and asked if there is a need for the
YMCA to become involved in this type of service in Eden Prairie. The YMCA has
proceeded through a long-range planning process deciding what new areas they were
going to move into in the next few years and just concluded the end of August or i
the first part of September, that detached workers is an area that they are committed
to and want to put some money into. They identified Eden Prairie as the highest
priority since there are few services out here as there are no youth counsellors
working in Eden Prairie like there are in other communities. What they have identified
is a desire to actively place some staff out in Eden Prairie who would be working i
with the police, the schools and with other parts of the community in a detached
worker or youth counselling model. The cost to do this - to bring people out and
house them, would probably cost $70,000 - $75,000 for two people in a community.
The YMCA is able to come up with $40,000 - $45,000 for next year. Between the
Storefront and the YMCA they could fund raise another $10,000 - $15,000 from the
corporate community. The YMCA didn't come up with a specific figure - it was Y
more of let's look at a commitment from the City and School District out in Eden
Prairie. From Storefront's prospective and looking at the actual dollars it will
take to implement this plan, they are looking at being as close to $10,000 from the
City of Eden Prairie as possible, and then would try and request through the schools
next year in their budget process through their community services a fairly
comparable amount, which is consistent with what they have been receiving from other
communities.
Penzel asked if the $10,00D would be in lieu of or in addition to the $4,000 already
in the proposed 1984 City Budget. Lepinski responded in lieu of.
Tangen questioned who would house the detached workers. Lepinski replied either in
the school facilities or possibly churches.
( Penzel asked Mr. Lepinski to be more specific as to what kinds of problems or programs
they would be dealing with. Lepinski stated what they do in the other communities
(Richfield, Bloomington and Edina), is a little bit different in each community
depending on the other resources in the community. Bloomington, for example, has a
fairly comprehensive in-school chemical dependency program - they put close to
Special City Council Meeting - 3 - September 27, 1983
{ $100,000 in their inschool chemical dependency program, so they don't work
with that issue in the schools very much. In Richfield they don't have that kind
of service so Storefront goes in and provides some assessments for the school
district which they don't have to do in Bloomington. Generally Storefront is working
with young people and their families.
Jullie added the Public Safety Department feels this is a worthwhile project.
Lepinski mentioned in 1982, Storefront worked with about 45 - 47 young people and
families in Eden Prairie compared to maybe 175 in Richfield and Edina and 250± in
Bloomington. That is with staff working out of the Richfield/Edina offices.
Tangen asked if there is any remuneration back to Storefront from the families
involved. Lepinski replied they charge for family counselling and currently out
of $220,000 counselling budget, approximately $12,000 - $15,000 is generated from
the families involved. Families are charged on a sliding fee scale based on
the family's income and number of people in the family.
Tangen questioned if there had been any response from the School District. Lepinski
stated they have talked fairly extensively with Dr. McCoy, Judy Cooper and the Special
Education Director and they have indicated a strong support being consistent with
some of the things they are trying to do. They also indicated they liked the idea
of working with community agencies and not having to carry the ball themselves on some
of the things. They didn't come up with a dollar figure but hopefully will match
the $10,000 figure requested from the City.
MOTION: Tangen moved, seconded by Penzel, to budget $10,000 to meet the proposal
to place two permanent full-time counsellors in Eden Prairie. Motion carried
unanimously.
Penzel referred to memos dated September 16 and September 21, 1983, submitted by
Director of Community Services Lambert, responding to questions previously raised
by the Council regarding the 1984 Community Services Budget request. The following
items were individually discussed and actions taken:
Item 3 in September 16th memo regarding separate brochures from Community Services
and Park & Recreation. Council felt joint brochures should be issued by the City
and School District rather than two separate brochures. Lambert explained the main
request for separate brochures was by Community Education as they wanted to go with
three brochures rather than four, and also because they offered programs at different
times than the City. Council strongly urged that the City go to three brochures
to be published jointly with Community Education. Penzel asked City Manager Jullie
to look into a joint powers agreement between the School and City having one
person in charge of the brochures, and that Jullie contact Dr. McCoy regarding
joint brochures rather than separate brochures. Redpath arrived at meeting at this time.
Second item 1 in September 21st memo regarding the sunnier recreation program. Lambert
explained that the Parks, Recreation & Natural Resources Commission reconmepded
removal of the free Summer Fun program. Council agreed with the Commission s
recommendation for removal of the Summer Furs program and that fees be adjusted in some
of the other programs in order to reduce the subsidy.
Item 4 in September 16th memo pertaining to advertising for the Historical & Cultural
Commission. The question was asked as to where the Historical & Cultural Commission •
advertises for their events and mention was made that there are hardly any people
present at the events the Commission sponsors. Lambert replied he did not feel the
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Special City Council Meeting - 4 - September 27, 1983
Commission has any advertising policies and that it is often last minute
advertising and that only a small amount has been spent out of their advertising
budget. Bentley recommended that the Commission seek out advertising
assistance either as a volunteer or paid advertising person. Penzel requested
that Lambert prepare a full explanation on the Historical & Cultural Commission
revenues as well as expenditures.
MOTION: Bentley moved, seconded by Redpath, to reduce the budget request of
the Historical & Cultural Commission to $7,250, and if there is justification
it can be increased. Motion carried unanimously.
Item 4, number 3, of the September 21st memo was discussed - Sterling Field
tennis court overlay. A concern was raised by Mayor Penzel that people outside the
Sterling Field area have not been encouraged to use the facilities at the park
because of close supervision by residents in the Sterling Field area. The Council
questioned if the City should budget for a tennis court overlay when this park
is not being maintained as a regular City park. Lambert pointed out that this park
is on public property and is owned by the City; however, the residents in the Sterling
Field area have taken it upon themselves to fully maintain the park and the City has
never expended dollars to improve or maintain that facility. Tangen added he could
not support any improvements to the park until the City fully takes over Sterling
Field and maintains it like other City parks. Lambert further explained that Sterling
Field is a City park, the City has the deed. however, the City has never maintained
it nor never developed one thing in the park. Legally it is a City park, factually
it doesn't operate like the rest of the City's parks. Anderson felt this is a
ridiculous situation for the City to be in - either it is a City park or it isn't.
Lambert added it is a concern from the standpoint that the City is liable and has
allowed them to build structures in the park the City wouldn't build, and have let it go
on. Bentley suggested rather than do an overlay of $5,000 for the tennis court,
that the request be made part of the overall comprehensive plan for the City parks
system for some sort of future improvement within that park on a permanent basis
that would upgrade the whole facility into a more workable facility than just doing
temporary things right now. Lambert agreed with Bentley's comments if the Council
would agree to put it into the comprehensive plan. Penzel asked that a communication
be sent to the Sterling Field Association indicating the Council's appreciation for
their input and their many years of effort, but in order for the City to properly
treat the facility it has to be incorporated into our general improvement program for
public parks and that we will do so and take the appropriate action with the Sterling
Field public park when appropriate funds are available.
MOTION: Tangen moved, seconded by Redpath, to send this request to the Parks,
Recreation & Natural Resources Commission for their recommendation on how to maintain
Sterling Field Park, and to delete the budget request for a tennis court overlay
at this time. Motion carried unanimously.,
Item 4, number 1, of the September 21st memo, regarding the Forest Hills Hockey
Rink new boards at a cost of $6,000. Lambert stated the Parks, Recreation & Natural
Resources Commission has recommended this item as a first priority and Lambert
concurred with the recommendation. Tangen asked where the $6,000 would come from.
Lambert replied from the General Fund.
MOTION: Bentley moved, seconded by Tangen, to approve the budget request of $6,000
for hockey boards at the Forest Hills hockey rink. Motion carried unanimously.
Item 4, number 2, of September 21st memo, pertaining to the bike trail extension
on County Road 1.
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Special City Council Meeting - 5 - September 27, 1983
MOTION: Redpath moved, seconded by Penzel, to delete the bike trail extension
on County Road 1. Motion carried unanimously.
Anderson asked City Manager Jullie to look at a way to reroute traffic after football
games to McDonald's, i.e., Scenic Heights to Mitchell Road.
Item 1 of September 21st memo regarding chemicals for fertilizing ballfields.'
MOTION: Bentley moved, seconded by Redpath, to recommend the budget amount of
$5,000 for chemicals for fertilizing the ballfields. Motion carried unanimously.
Item 2 of September 21st memo regarding part-time people was considered.
MOTION: Bentley moved, seconded by Redpath, to recommend the figure of $19,250 for
part-time services. Roll Call Vote: Bentley, Redpath and Penzel voted "aye";
Anderson and Tangen voted "nae". Motion carried.
Council agreed with the recommendation of the Parks, Recreation & Natural Resources
Commission to increase adult softball team registration by $70.00 per team in 1984
as outlined in September 21st memo from Lambert. •
The Council continued on with a page-by-page discussion of the City Budget starting
with Page 25 (Pages 1 - 24 were discussed at the September 13th Budget meeting).
Page 25 - City Planning: Penzel asked if our planning fees are substantially lower
than neighboring communities. Jullie replied after checking fees in comparable
communities it has been found our fees are not lower. Penzel asked that the Guide
Plan review process be updated as the present plan is six years old, and suggested
that an intern could be used to accumulate data. It was the general consensus of
the Council that Planning Director Enger definitely needs help because of the
projections for future building and also the need for someone to work on the Star
Cities program.
MOTION: Tangen moved, seconded by Anderson, to reinstate the position of Senior
Planner in the 1984 City Budget at the annual rate of $22,500. Motion carried
unanimously.
MOTION: Bentley moved, seconded by Redpath, to authorize the Manager to advertise
for employment of a Senior Planner for the remainder of 1983. Motion carried
unanimously.
Page 26 - Public Safety/Police Division: Council agreed with Jullie's recommendation
A
for additional staff as outlined in memo of September 23rd.
MOTION: Tangen moved, seconded by Redpath, to adjust the staffing for the Police
Division as follows - Promote CSO John Sorensen to Police Officer as of January 1,
1984 (+ $7,500); and promote CSO Dana Pearson from part-time to full time CSO
(+ $6,600). Motion carried unanimously.
Penzel asked Jullie to check on how many officers we have per capita and to look
into a central dictation system for Public Safety.
Page 29 - Public Safety/Animal Control: Delete "Vehicle (1/3) - $3,500", as it
already appears under "Certificates".
Page 31 - Public Works/Engineering Division: Finance Director Frane was asked to
check the figures under "Survey Crew (2)" and make the necessary adjustments.
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Special City Council Meeting - 6 - September 27, 1983
Council requested in the future when salaries are reported that they are the actual
salaries paid.
Page 34 - Public Works/Street & Drainange Maintenance: "Pond Cleaning" was stricken
from the budget at a cost of $20,000.
Page 37 - Shared Services/General: When asked what was included for "machine
rentals at $24,000", Frane replied machines that are not functioning properly,
i.e., xerox machine. Council asked Frane to check into rental versus purchasing
a xerox machine outright or lease/purchase, which would spread the cost over
a number of years.
Page 44 - Certificates: Finance Director Frane to check "Replace Rescue Vehicle"
at $12,000.
MOTION: Redpath moved, seconded by Bentley, to continue consideration of the 1984
City Budget to the October 4, 1983, Council meeting, with Finance Director Frane
providing the revised summary pages and answers to questions before that time.
Motion carried unanimously.
VI. NEW BUSINESS
No "New Business".
VII. ADJOURNMENT
MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 11:29 PM.
Motion carried unanimously.
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, OCTOBER 4, 1983 7:30 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson, George
Bentley, 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 Robert Lambert, Director of Public Works
Eugene A. Dietz, and Recording Secretary Karen
Michael
INVOCATION: Councilman George Bentley
PLEDGE OF ALLEGIANCE
ROLL CALL: all members were present
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
The following item was added to the Agenda: VIII. A, Civil Defense Ordinance.
MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other
Items of Business as published and amended, Motion carried unanimously.
II. MINUTES OF THE REGULAR CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 20, 19B3
p. 14. para. 3., last line: add: Redpath concurred.
MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the
City Council Meeting held Tuesday, September 20, 1983, as amended and published.
Motion carried unanimously.
III. CONSENT CALENDAR
A. Request for extension of 2nd Reading of Ordinance No. 82-16 and approval of
Developer's Agreement for Bryant Lake Condominiums by Metram Properties
B. Set Public Hearing for street vacations in Ridgewood West Plat 3 for
November 1, 19B3 at 7:30 p.m.
C. Request from Hockey Association (HAEP)
D. 2nd Reading of Ordinance No. 46-B3, Cable T.V, Rate Changes
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City Council Minutes -2- October 4, 1983
E. Final approval for Municipal Industrial Development Bonds in the amount
of $3,785,000.00 for City West Business Center (Resolution No. 83-241)
F. Clerk's License List
G. Receive petition for signal installation at Flying Cloud Drive and Shady
Oak Road and authorize preparation of a feasibility report, I.C. 52-057
(Resolution No. 83-243)
H. Final plat approval for Ridgewood West Plat 3 (Resolution No. 83-244)
I. Final plat approval for Riley Estates (Reoluiton No. 83-245)
J. 2nd Reading of Ordinance No. 45-83, Zoning from Regional Commercial to
Regional Commercial Service and Resolution No. 83-249, Approving Site
Plan for Montessori School. Location: County Road 60 and Market Place
Drive.
MOTION: Redpath moved, seconded by Bentley, to adopt items A - J on the
Consent Calendar, Motion carried unanimously,
MOTION: Bentley moved, seconded by Anderson, to direct the Parks, Recre-
ation & Natural Resources Commission to make operational decisions regarding
the use of the Community Center unless the scope is such that the Commission
deems it necessary to have action taken by the City Council. Motion carried
unanimously.
IV. PUBLIC HEARINGS
A. 1983 SPECIAL ASSESSMENT HEARING (Resolution No, 83-208) - continued from
September 20, 1983
City Manager Jullie referred to City Attorney Pauly's memorandum of Septem-
ber 28, 1983, in which the implications of the defect in the hearing notice
were discussed. Jullie explained the procedure to be used in tonight's
hearing.
Penzel asked Pauly to summarize his memo so it might be a part of the record,
Pauly said the original notice of the hearing indicated that interested prop-
erty owners would have 20 days from the date of the adoption of the assessment
to appeal to the District Court rather than the 30 days which is provided by
the Statute. The question presented was whether that error in the original
notice would make all of the proceedings held pursuant to the original notice
void rather than voidable. He said he had reviewed case law on this subject
and other authorities and, in his memo, had pointed out the general rule
followed by a number of Courts is that if there is substantial compliance,
a defect in the notice requirements will not necessarily invalidate the •
proceedings subject to someone showing proof of actual harm or being pre-
judiced by that error. He said he felt a defect in the notice would not
void all these proceedings.
Director of Public Works Dietz reviewed individual project parcels which
( had been continued from September 20, 1983.
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City Council Minutes -3- October 4, 1983
1. I.C. 51-308A, 51-340A & 51-398
The objection which had been received from Menard's has been
resolved by reducing the assessment by $1,974.35.
There were no other comments or objections.
2. I.C. 51-308C & 51-308B
Testimony will be heard on this later this evening.
3. I.C. 51-326
Exhibit A reflects the change in assessment which has been agree
to.
There were no other comments or objections.
4. I.C. 51-335
Testimony will be heard on the objection by Portnoy later this
evening. O'Brien's written objection is on file; changes have been
made by Staff and he is being renotified of this change.
5. I.C. 52-005
There were no comments or objections.
6. 1.C. 52-010
There were no comments or objections.
7. I.C. 52-015
Testimony will be heard on the objections by John Busse.
B. I.C. 52-025
There were no comments or objections.
9. I.C. 52-030
There were no comments or objections.
10. I.C. 52-032
There were no comments or objections.
11. I.C. 52-037
There were no comments or objections.
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City Council Minutes -4- October 4, 1983
12. I.C. 52-039
The assessment on the lot in question has been paid. There were
no other comments or objections,
13. I.C. 52-042
There were no comments or objections.
14. Supplementals
Trunk Sewer and Water: the objection from Myrtle Peterson has
been resolved. Portnoy's objection relating to the method of
computing the interest has been resolved.
Fred York, 17550 West 78th Street, submitted a letter in regard
to his assessment. He asked for clarification regarding the total
cost of the project. The matter was resolved.
Lateral Sewer and Water: Portnoy's objection regarding the method
of computing the interest has been resolved.
Tree Removal: there were no comments or objections.
Ring Road #6133; there were no comments or objections.
Ring Road #8754: there were no comments or objections,
City West: there were no comments or objections,
Lateral Sanitary Sewer, Water and Storm: there were no comments or
objections.
Richard Rosow,
assistant City attorney, said evidence taken on September
20, 1983, as well as notices sent out in regard to that meeting and the
corrective notices will be part of tonight's record. Rosow was present
to oversee the formal proceedings. Also present was Ginny Ledford, a
court reporter, who made a transcript of the proceedings. Rosow asked
those present who wished to present testimony to introduce themselves.
Gerald Portnoy and his counsel, Donald Sorensen, and John Busse and his
counsel, Gary Phleger responded.
The following were sworn in by the court reporter as witnesses for the
City of Eden Prairie: Director of Public Works Eugene A. Dietz, Real
Estate Appraiser O.J. Janski, and Real Estate Appraiser Newcombe,
Testimony was heard from Dietz, O.J. Janski, Gerald Portnoy, and Russ
Smith, real estate appraiser representing Portnoy/Sorensen, and William
Beaman, previous owner of the property.
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City Council Minutes -5-
October 4, 1983
Because of the length of the testimony regarding the Special Assessments
relating to the Portnoy property, the concensus of the City Council was
to continue the meeting to Thursday evening so those in the audience who
were present for items which followed the Special Assessment Hearing could
leave.
MOTION: Anderson moved, seconded by Bentley, to continue Public Hearings
B - H as indicated on the Agenda for October 4, 1983, to a continued meeting
of the City Council to be held at 7:30 p.m. on Thursday, October 6, 1983,
in the City Council Chambers. Motion carried unanimously.
Sorensen requested that the formal objections as well as the follow-up
letters which had been submitted to City Staff be made a part of the
record. Rosow asked that the notices of the hearings also be made a
part of the record.
MOTION: Redpath moved, seconded by Tangen, to place the amount of the
prisceaorl as$16,625.sessment a Motion carriainst the edtunanimonoy usly at 5% of the selling
MOTION: Tangen moved, seconded by Redpath, to continue the 1983 Special
Assessment Hearing (item A on the October 4, 1983 Agenda) to a continued
meeting of the City Council to be held at 7:30 p.m. on Thursday, October
6, 1983, in the City Council Chambers. Motion carried unanimously.
MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at
11:47 p.m. to be continued on Thursday, October 6, 1983, at 7:30 p.m.
in the City Council Chambers. Motion carried unanimously,
21%
C CITY OF EDEN PRAIRIE
CLERK'S LICENSE APPLICATION LIST
October 18, 1983
CONTRACTOR (MULTI-FAt1ILY & COMM.)
Houseware Outlet of Minneapolis, Inc.
Keller Construction Company
Quality Homes, Inc.
Zaeco, Inc.
CONTRACTOR (1 & 2 FAMILY)
Berg &.Associates Design
Father & Son Construction Co.
Lee Masonry
Pearson Construction Co.
Specialty Systems
Sunshine Construction
HEATING & VENTILATING
Gemmill Heating & Air Conditioning
GAS FITTER •
Gemmill Heating & Air Conditioning
PLUMBING
P & D Mechanical Contracting Co.
Sarah, Inc. I
SOLICITOR
David & Karen Dickman
Michael Gordon Gerling
Junior Careers
These licenses have been approved by the department heads responsible
for the licensed activity.
�r � fi Q
Pat Solie, Licensing
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21i1 •
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MEMORANDUM
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TO: Mayor and City Council
THRU: Bob Lambert, Director of Community Services)
Q, l
FROM: Sandra F. Werts, Recreation Supervisor v
DATE: October 12, 1983
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SUBJECT: • Bid Opening Phase I - Cummins-Grill Homestead
Bids were received on Tuesday, October 11, 1983 for work on Phase I of the Cummins-
• Grill House Restoration. This phase included electrical rewiring, installation of •
a .heating system, and upgrading of the existing plumbing.
The budget for this phase was $15,500 with money coming from Community Development
Block Grant (CDBG) funds. The total CDBG funds awarded to this program was $19,500.
Of this, $4,000 is being used to prepare the plans and specifications for Phase I
and the measured drawings of the house, which are fundamental to the completion of -
the total project.
•
Bids were submitted by. Alta Mechanical Contractors and HOBCO, Inc. The bids were:
• Alta Mechanical • $20,980
HOBCO $27,660
At the time the Restoration Committee requested these funds, they prioritized their
use as 1) electrical 2) mechanical (heating) 3) plumbing. When the architect pre-
pared the estimates it was felt that the work would fall within the $15,500 budget.
Staff recommends that the City Council reject the bid for Phase I and authorize this
phase to be rebid, eliminating the plumbing, and patch work around electrical
installation.
•
In conferring with the architect, staff chose to eliminate the plumbing as the current
service sufficiently serves the use of the building today. The patch work was
eliminated because it is labor intensive work, which drives up the cost of contractual
labor. This is work that might be finished by volunteers or City crews.
SW:md
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:—._�u..;'t.s:..::.u.3�'si.tZ:'„:k.,. ...,w... .,ASef;,asl+iYit�.'" y—
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IDIVISION E FORM OF BIDS . E
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PROPOSAL FORM .
. RESTORATION OF THE CUMMINS-GRILL HOUSE - PHASE I
3 CITY OF EDEN PRAIRIE, MINNESOTA
BIDS CLOSE AT 2:00 P.M., TUESDAY, OCTOBER 11, 1983
Honorable Mayor and City Council •
11 C/O John Frane, City Clerk
Eden Prairie City Hall
8950 Eden Prairie Road • .
' Eden Prairie, Minnesota 55344
11
Gentlemen:
'( The undersigned declares that he has fully examined the plans and spec-
ifications and all other contract documents for the project on file in •
the office of the Department of Community Services, all of which are fully
3 understood and hereby agreed to, and has inspected in detail the site of
the proposed work, and has familiarized himself with all local conditions
affecting the work and contract and the detailed requirements of construc-
tion and testing and completion, and waives all right to plead misunder-
I standing of any item in relation to Restoration of the Cummins-Grill .
House - Phase I.
3 The undersigned agrees that if this proposal is accepted, he is to furnish
and provide all necessary labor, materials, machinery, tools, apparatus, •
and all other means of construction and to perform the work, and to complete
3 all work in strict accordance with the above mentioned and specifications
and contract documents, all the work set forth in said plans and specific-
ations and contract documents.
The undersigned agrees that, if the City decides to diminish or extend the 1
rr$$ work, or otherwise alter it by extras or deductions, he will perform the i
work as altered, increased or decreased, subject to the alternate bid
prices and the unit bid prices.
The undersigned agrees to enter into contract in form hereto attached and
Elk to furnish a corporate surety bond as required by the General Contractor
both within ten (10) days from date of postmark on mailing containing award
Notice of Award from the City, should this proposal be accepted. In the
event of the failure of the undersigned to enter into such a contract within
ri said ten (10) days, then the amount of bid security attached hereto is to be
forfeited as agreed liquidated damages to the City of Eden Prairie.
page l of 3 •
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In submitting this bid. it is understood that the right is reserved by
the City to reject any or all bids. and it agreed that this bid may not
be withdrawn for a period of thirty days (30) from the opening thereof.
' I nereby acknowledge receipt of addendumi
If a corporation. what is the state of corporation .
The undersigned hereby proposes to furnish all labor and materials and
equipment necessary for: Restoration of the Cummins-Grill Rouse - Phase I.
IEden Prairie. Minnesota:
Base Bid forforhthe Sum of: 7-weAl7 7hoNSswe/ NIti! //. ,, •-P/
I k r,5 Aiy Ne���rs / ($.04 9ea— )
• Alternate No. 1: Deduct jVi,14J-fel 11fy Do MIK ($ 7SO`-` )
1 Alternate No. 2: Deduct 1/44v// .L17wt4 Pc A.s ($ J/20
Alternate No. 3: Deduct"raver#N,.ird S1xfy Pa S.-% ($ 340 • )
Unit Price: Receptacle @ Brick Wall sa19 4// Fa'v' I)og,f
O oa
($ I— ) per Receptacle
Unit Price: Receptacle @ Frame Wall 4iY,y Dol/Gr S
($ 60°—° ) per Receptacle
I
1 The undersigned proposes to complete the work in /1-€ days from the t
date of notification to proceed.
OA NPc/+ah,.t A eONJr s esT * $
• Company Name
i _
Title j
Y L, ?I y 1,
R0, SS's eM,Or k` N. SS372 ! '
Address { I
(G h) g 7-0)3_2 /o/a/;t 3
Telephone Date ,
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page 2 of 3 w'
•s
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'MO . }
ITO THE MAYOR AND CITY COUNCIL
CITY OF EDEN PRAIRIE, MINNESOTA •
1 ( ..
is
I "I hereby certify that I am in compliance with Minnesota Statutes
Section 363 as amended by Laws of 1969; and (check one of the two
I below, as applicable)s" •
---
-..Rave a certificate of compliance issued
— • by the Department of Human Rights.
Have applied for a certificate of com-
pliance to the Commissioner of Human
--- Rights, which is pending. •
I . _ ... ....._ -_.--._ .
Signature of Bidder •
_. -- POSITION /k✓e(n er �
I . NAME OF FIRM , ,1/7c� MPc la...e4/ e..Gr9e4.7ers' i
DATE QG:10JJ- ll/ 19a•3
This form may be used to furnish proof of necessary compliance with
1 Minnesota Statutet, Section 363, implementing the rules and regulations
of the Minnesota Department of Human Rights. All questions should be re-
ferred to the Minnesota Department of Human Rights, Room 60, State Office
IBuilding, St. Paul, Minnesota, Telephone 617-221-2931..
•
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R83-258
A RESOLUTION APPROVING FINAL PLAT OF
NORTH BAY OF TIMBER LAKES
WHEREAS, the plat of North Bay of Timber Lakes has been submitted in a
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 ordinances
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 North Bay of Timber Lakes is approved upon
compliance with the recommendation of the City Engineer's report on
this plat dated October 12, 1983.
B. That the City Clerk is hereby directed to file a certified copy of
this Resolution in the office of the Register of Deeds and/or
Registrar 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 subdivision of the above named
plat.
0. That the Mayor and City Manager are hereby authorized to execute the
certificate of approval on behalf of the City Council upon
compliance with the foregoing provisions.
ADOPTED by the City Council on October 18, 1983.
Wolfgang H. Penzel, Mayor
ATTEST SEAL
,- John D. Frane, Clerk
202
CITY DF 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
FRDM: David L. Dlson, Engineering Technician Sy ,
DATE: Dctober 12, 1983
SUBJECT: NORTH BAY OF TIMBER LAKES
jfrrmerly Timber Bay Manor Homes)
PRDPOSAL:
'The developer, Richard Miller Homes, Inc., has requested City Council
approval of the final plat of North Bay of Timber Lakes, a multiple
family residential development located north of Timber Lakes Drive
and east of Island Road, in the North ; of Section 17. This is a
replat of Outlot A, Timber Lakes, containing 14.8 acres to be
divided into 8 lots. Lots 1 thru 7 will each contain a quad unit;
while Lot B will not be developed at this time. Futuredeveloppment
of Lot 8 will require City and Watershed District approval
to construction.
HISTDRY: The preliminary plat was approved by the City Council on September 6,
1983, per Resolution 83-215.
Zoning to RM 2.5 was finally read and approved by the City Council
on May 21, 1976, per Ordinance #326.
The Rezoning Agreement executed on May 21, 1976, for Timber Lakes
shall apply to this development.
VARIANCES:
Setback and lot size variances as described in the Planning Staff
report dated July 22, 1963, will be reviewed by the Board of Appeals
on October 13, 1983. Approval of these variances will be necessary
prior to release of the final plat.
All other variance requests must be approved by the Board of Appeals.
UTILITIES AND STREETS:
Sanitary sewer, storm sewer, roadways, and walkways within the site
will be owned and maintained by the Homeowner Association.
Water main installed within the site is to be owned and maintained
/ by the City upon receipt of necessary easements and warranty bonds.
Utility easements needed will be shown on the plat prior to release.
Lia
North Bay of Timber Lakes Final Mat, Pg 2 Oct. 12, 1983
PARK DEDICATION:
The requirements for park dedication are covered in the Planning
Staff report dated July 22, 1983.
BONDING:
A Warranty Bond in conformance with City Standards will be required
to cover the water main to be owned and maintained by the City.
RECOMMENDATION:
Recommend approval of the final plat of North Bay of Timber Lakes
subject to the requirements of this report, the Rezoning Agreement,
and the following:
1. Receipt of fee for Engineering in the amount of $840.00.
2. Receipt of fee for street lighting in the amount of $9D3.60.
3. Satisfaction of utility easement requirements.
4. Satisfaction of bonding requirements.
DLO:sg
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
( ORDINANCE NO. 44-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Planned Unit Development 12-83
District (hereinafter "PUD 12-83"), which includes the RM-2.5 (with variances)
Zoning District.
Section 3. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of , 1983, entered
into between Quality Homes, Inc., and the City of Eden Prairie (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and
conditions of PUD 12-83, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 12-83 is not in conflict with the goals of the Guide Plan of the
City.
B. PUD 12-83 is designed in such a manner to form a desirable and
• unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of
the City Code, which are contained in PUD 12-83, are justified by
the design of the development described therein.
D. PUD 12-83 is of sufficient size, composition, and arrangement that
its construction, marketing, and operation is feasible as a complete
unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and
hereby is, removed from the Rural District and shall be included hereafter in the
Planned Unit Development 12-83 District, and the legal descriptions of land in each
district referred to in City Code Section 11.03, subdivision 1, subparagraph B,
shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99 entitled "Violation a Misdeineanor" are hereby adopted in their
entirety by reference, as though repeated verbatim herein.
119G
Section 7. This Ordinance shall become effective from and after its
oassage and publication.
( FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , and finally read and
adopted and ordered published at a regular meeting of the City Council of said City
on the day of
ATTEST:
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of . •
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Exhibit A J ',
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Legal Description
Tract B. R. L. S. 1446, on file in the office of'the Registrar of
Titles, Hennepin County, Minnesota
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119)
Preserve Manor Homes
PUD-12-83-DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1983, by
and between QUALITY HOMES, INC., a Minnesota corporation, hereinafter referred to as
"Owner," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred
to as "City:"
WITNESSETH:
WHEREAS, City previously approved Planned Unit Development #70-03 for the
Preserve by adoption of Resolution #360A, which included the property which is the
subject of this developer's agreement, and which consisted of more than 15 acres;
and,
WHEREAS, Owner has applied for a Comprehensive Guide Plan Amendment from
( Church to Medium Density Residential, Planned Unit Development District, Zoning
Amendment, and preliminary platting for the Preserve Manor Homes, located north of
Anderson Lakes Parkway and east of Center Way, situated in Hennepin County, State of
Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof
and hereinafter referred to as "the property;" and,
WHEREAS, Owner has applied to City to develop approximately 4.04 acres of
land for construction of 32 condominium units upon the property;
NOW, THEREFORE, in consideration of the City adopting Ordinance #44-83 and
Resolution #83-227, 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
materials dated August 30, August 31, and September 26, 1983, as
revised, reviewed and approved by the City Council on October 6,
z►Cr6 i`
1983, and attached hereto as Exhibit B, and made a part hereof,
subject to such changes and modifications as are provided herein.
Owner shall not develop, construct upon, or maintain the property in
any other respect or manner than provided herein.
2. Owner covenants and agrees to the performance and observance by
Owner at such times and in such manner as provided therein of all of
the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
3. Prior to building permit issuance, Owner shall:
A. Submit to the Director of Manning and receive the
Director's approval of a revised landscape plan, buffering
the existing Westwind development from the proposed units.
B. Submit to the City Engineer and receive the City Engineer's
approval of:
1) A copy of the easement agreement from the Preserve
Association assuring an access drive to the property
over the existing outlot.
2) A utility easement over the existing sanitary sewer
line along the east property line.
C. Submit to the Director of Community Services and receive the
l Director's approval of a ten-foot wide trail easement over
the existing bituminous paths which lie within the northeast
and northwest sections of the parcel.
4. Prior to building permit issuance, Owner shall provide documentation
for City review showing that the private streets and utilities
within the private street servicing the property shall be maintained
by the homeowners' association for the property. City will not
accept said street for public maintenance.
5. In implementation of the Planned Unit Development, and as variance
from certain provisions imposed by City Code Chapter 12, City
authorizes the following variances for the property:
A. Front, side, and rear yard setbacks shall be as shown on
Exhibit B.
B. Minimum lot depth from 150 feet shall be as shown on Exhibit
B.
C. Amount of frontage on a public road shall be as shown on
Exhibit B.
{
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IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed as of the day and year aforesaid.
CITY OF EDEN PRAIRIE
Wolfgang H. Penzel, Mayor
•
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of •
, 1983, by Wolfgang H. Penzel, the Mayor, and Carl J, Jullie,
the City Manager, of the City of Eden Prairie, a Minnesota municipal corportation,
on behalf of•the corporation.
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Notary Public •
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QUALITY HOMES, INC.
i
Randall Weestrand, Vice President
STATE OF MINNESOTA)
)SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this• day of
, 1983, by Randall Weestrand, the Vice President, of Quality
Homes, a Minnesota corporation, on behalf of the corporation.
•
Notary Public
2200
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Preserve Manor Homes
( CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-256
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 44-83 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 44-83 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the day of
, 1983;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 44-83, which is
attached hereto, is approved, and the City Council finds that said
text clearly informs the public of the intent and effect of said
ordinance.
B. That said text shall be published once in the Eden Prairie News in a .
body type no smaller than brevier or eight-point type, as defined in
Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall be made available for
inspection by any person during regular office hours at the office
of the City Clerk and a copy of the entire text of the Ordinance
shall be posted in the City Hall.
D: That Ordinance No. 44-83 shall be recorded in the ordinance book,
along with proof of publication required by paragraph B herein,
within 20 days after said publication.
ADOPTED by the City Council on , 1983.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Z 20 I
Preserve Manor Homes
The following is the full text of the City of Eden Prairie Ordinance No. 44-83,
which was adopted and ordered published at a regular meeting of the City Council of
( the City of Eden Prairie on , 1983. Following the text of the
Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of
the Ordinance, is summarized.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 44-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Planned Unit Development 12-83
District (hereinafter "PUD 12-83"), which includes the RM-2.5 (with variances)
Zoning District.
Section 3. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of , 1983, entered
into between Quality Homes, Inc., and the City of Eden Prairie (hereinafter
"Developer's Agreement"). The Developer's Agreement contains the terms and
conditions of PUD 12-83, and are hereby made a part hereof.
•
Section 4. The City Council hereby makes the following findings:
A. PUD 12-83 is not in conflict with the goals of the Guide Plan of the
City.
B. PUD 12-83 is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of { ;
the City Code, which are contained in PUD 12-83, are justified by
the design of the development described therein.
0. PUD 12-83 is of sufficient size, composition, and arrangement that
its construction, marketing, and operation is feasible as a complete
unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and
hereby is, removed from the Rural District and shall be included hereafter in the
Planned Unit Development 12-83 District, and the legal descriptions of land in each
istrict referred to in City Code Section 11.03, subdivision 1, subparagraph B,
22G2 !+
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shall be and are amended accordingly.
Section b. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their
entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , and finally read and
adopted and ordered published at a regular meeting of the City Council of said City
on the day of
ATTEST:
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
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Sum ary of Developer's Agreement:' Preserve Manor Homes
Develcper will develop the land as described in Exhibit A which is attached
to and incorporated in the Developer's Agreement. In addition, the Developer's
Agreement provides for:
1. Submission of plans regarding sewer, water, and drainage to Engineering
Department.
2. Submission to the City Engineer of a development Plan for the land.
3. Submission to Watershed District of storm sewer construction plans.
Developer to follow the rules and regulations of said Watershed District.
4. Developer's warranty of title to the land.
5. Construction and maintenance of public improvements which are to be conveyed
to the City as well as preservation and restoration of areas surrounding
said improvements. Submission of a bond or letter of credit to ensure the
quality of said construction, maintenance, preservation, and restoration.
6. Rough grading to be performed by the Developer for improvements which the
City will construct pursuant to 100% petition of all owners of the land.
Submission of a bond or letter of credit for the rough grading.
7. Payment of first three (3) years' street lighting, engineering review, and
street signs costs.
8. Developer's commitment not to oppose rezoning if Developer fails to proceed
in accordance with the Developer's Agreement within 24 months.
9. Application of the Developer's Agreement to transferees of the land. 4
10. City's remedies in the event that Developer violates the provisions of the
Developer's Agreement.
11. Notice to the City's cable franchise.
12. Developer agrees that no graded area shall be left unrestored.
13. Prior to building permit issuance, Developer shall submit to the Director of
Planning and receive Director's approval of a revised landscaping plan
buffering th existing Westwind development from the proposed units.
14. Prior to building permit issuance, Developer shall submit to the City
Engineer and receive the Engineer's approval of an easement agreement from
the Preserve Association assuring an access drive to the property over the
existing outlot, and, a utility easement over the existing sanitary sewer
line along the east property line.
15. Prior to building permit issuance, Developer shall submit to the Director of
Community Services, and receive the Director's approval of, a ten-foot wide
trail easement over the existing bituminous paths which lie within the
( northeast and northwest sections of the parcel.
2,2u3fl
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16. Prior to building permit issuance, Developer shall provide documentation for
• City review showing that the private streets and utilities within the
private street servicing the property shall be maintained by the homeowners'
association for the property. City will not accept said street for public
maintenance.
17. Variances are granted as follows:
• Front, side, and rear yard setbacks shall be as shown on Exhibit B.
Minimum lot depth from 150 feet shall be as shown on Exhibit B.
Amount of frontage on a public road shall be as shown on Exhibit B. •
NOTICE: A printed copy of this ordinance is available for inspection by any person
during regular office hours at the office of the City Clerk.
ADOPTED by the Eden Prairie City Council on , 1983.
•
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
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CITY DF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R83-259.
A RESOLUTION APPROVING FINAL PLAT OF
PRESERVE MANOR ADDITION
WHEREAS, the plat of Preserve Manor Addition has been submitted in a manner
reqird 462uofe fo
r land er he have been duly den Prairie Ordinance e and 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 ordinances
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 Preserve Manor Addition is approved upon
compliance with the recommendation of the City Engineer's report on
this plat dated October 11, 1983.
•
• B. That the City Clerk is hereby directed to file a certified copy of
this Resolution in the office of the Register of Deeds and/or
Registrar of Titles for their use as required by MSA 462.358, Subd.
3.
C. the
tClerk isrnrre sincivcoa
of
hs Resoluionto the owesand subdivio of the aboenmed
plat.
D. That the Mayor and City Manager are hereby authorized to execute the
certificate of approval on behalf of the City Council upon
compliance with the foregoing provisions.
ADOPTED by the City Council on October 18, 1983.
Wolfgang H. Penzel, Mayor
ATTEST SEAL
l
John D. Frane, Clerk
2204
.
is
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(� /� i
FROM:
David L. Olson, Engineering Technician R>�' & I
DATE: October 11, 1983
SUBJECT: PRESERVE 11ANOR ADDITION
PROPOSAL:
The developer, Quality Homes, Inc., has requested City Council
approval of the final plat of Preserve Manor Addition. This plat
is intended for the construction of 32 condominium units (four 8
unit buildings) on 4.04 acres, located north of Anderson Lakes
Parkway and east of Center Way in the North ; of Section 24.
i
HISTORY:
The Preliminary Plat was approved by the City Council on October 6,
( 1963, per Resolution 83-227.
Amendments to the Comprehensive Plan and Preserve PUD were approved
per Resolutions 83-225 and 83-226 respectively, by the City Council 1
on October 6, 1983.
Zoning to RM 2.5 is scheduled for final reading by the Council on
October 18, 1983. (Ordinance 44-83).
The Developer's Agreement referred to within this report is scheduled
for execution on October 18, 1983.
•
VARIANCES:
Variances to be allowed
described
All other variancerequests mustbeprocessedOev throughrtheABoardent.
of Appeals.
UTILITIES AND STREETS:
All utilities and roadways within the plat will be installed by
the developer with future ownership and maintenance by the Homeowner
Association. •
Lot 3, Block 1, which will contain the utilities and roadways, will be
owned by the Homeowner Association.
(
220c •
1983ll t. ,
Preserve Manor Addiction Final Plat, Pg. 2 Oc
{, 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 Preserve Manor Addition
subject to the requirements of this report, the Developer's Agreement,
and the following:
1. Receipt of fee for engineering in the amount of $960.00.
2. Final reading of Ordinance 44-83.
3. Execution of the Developer's Agreement.
4. Receipt of recordable easement documents for existing
walkways.
DLO:sg
2204
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CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
1. ORDINANCE NO. 31-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LANO FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY CDUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Office District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
Office District, and the legal descriptions of land in each District referred to in
City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended
accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and t`
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their
k _ntirety, by'reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dates as of , entered into
between James Refrigeration, an Iowa corporation, and the City of Eden Prairie,
which Agredment is hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , and finally read and
adopted and ordered published at a regular meeting of the City Council of said City
on the day of
ATTEST: j
•
•
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of .
•
120'1
•
Exhibit A
LEGAL. DESCRIPTION
All that part of the following described tracts:
That part of the South Quarter of the Northca3t
Quarter of the Southwest Quarter (51/4NE1/4SW1.4)
of Section 1, Township 116 North, Range 22 West, '
lying West of Trunk Highway No. 169 as now located
and established. Also
That part of the West 8 rods of the Northeast Quarter
of the Southwest Quarter (NE1/4SW1/4) of Section
116 North, Range 22 West, lying North of the South
Quarter of the Northeast Quarter of the Southwest
Quarter of said Section 1 and South of the Southerly
boundary of C. S. A. H. No. 61 Also
That part of the Northwest Quarter of the Southwest
Quarter (NW1/45W1/4) of Section 1, Township 116 North,
Range 22 West, Hennepin County, Minnesota, described
as follows:
Commencing at a point on the South line of said
Section 1, distant 1152.72 feet cast of the Southwest
corner thereof; run Northeasterly at au angle of 95°
39' 45" with said South Section line for 553.77 feet:
thence•deflect to the right on a 1° 30' curve (delta
angle 17° 05' 59") for 1139.98 feet: thence on tanquent
to said curve for 244.34 feet; thence deflect to the
left at an angel of 101° 52' 10" for 323.40 feet;
thence run Southwesterly at an angle of 94° 52'53"
a distance of 540.00 feet; thence Northwesterly at an
angle of 90° 00' 00" a distance of 80.00 feet to the
right-of-way line of U. S. Highway No. 169 being the 7.
point of beginning of the tract herein described;
thence Northwesterly at an angle of 90° 00' 00" along
said right-of-way line a distance of 485.00 feet;
thence Northwesterly, Westerly, Southwesterly.
Southerly, Southwesterly, and Southeasterly along
said right-of-way line to the point of beginning.
according to Document No. 3821860 Notice of Amendment
• to Lis Pendens. .
• 2xog
James Refrigeration
DEVELOPER'S AGREEMENT
•
THIS AGREEMENT, made and entered into as of
1983, by
and between JAMES REFRIGERATION COMPANY, an Iowa 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 zoning from Rural to Office and
development approval of approximately 2.16 acres, situated in Hennepin County, State
of Minnesota, more fully described in Exhibit A, attached hereto and made a part
hereof, and said entire 2.16 acres hereinafter referred to as "the property," and;
WHEREAS, Owner desires to develop the property to construct thereon an
office building;
NOW, THEREFORE, in consideration of the City adopting Resolution #83-254,
and Ordinance #31-83, Owner covenants and agrees to construction upon, development,
and maintenance of said property as follows:
1. Owner shall develop the property in conformance with the materials
revised and dated September 23, 1983, reviewed and approved by the i
City Council on October 5, 1983, and attached hereto as Exhibit B,
subject to such changes and modifications as provided herein. Owner
shall not develop, construct upon, or maintain the property in any
other respect or manner than provided herein.
•
2. Owner covenants and agrees to the performance and observance by
Owner at such times and in such manner as provided therein of all of
the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
3. Prior to the issuance of a permit for any building upon the
property, Owner shall:
A. Submit to the Director of Planning, and receive the
Director's approval of a landscape plan, heavily buffering
220)
the western and eastern sides of the parking deck area from
the adjacent road.
B. Submit to the Director of Community Services, and receive
the Director's approval of a pedestrian access from this
site to the intersection of Bryant Lake Drive and Shady Oak
Road.
C. Submit to the Director of Planning for review, and receive
the Director's approval of the exterior material to be used
for the office structure and parking deck.
D. Submit to the Board of Appeals, and receive the Board's
approval of, variances for structure height and front yard
setbacks.
( •
-7arn
•
James Refrigeration
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-254
• A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 31-83 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 31-83 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the day of
, 1983;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
•
A. That the text of the summary of Ordinance No. 31-83, which is
attached hereto, is approved, and the City Council finds that said
text clearly informs the public of the intent and effect of said
ordinance.
B. That said text shall be published once in the Eden Prairie News in a
body type no smaller than brevier or eight-point type, as defined in
Minn. Stat. sec. 331.07.
C. . That a printed copy of the Ordinance shall be made available for
inspection by any person during regular office hours at the office
of the City Clerk and a copy of the entire text of the Ordinance
shall be posted in the City Hall.
D. That Ordinance No. 31-83 shall be recorded in the ordinance book,
along with proof of publication required by paragraph B herein,
within 20 days after said publication.
ADOPTED by the City Council on , 1983.
Wolfgang H. $enzel, Mayor
•
ATTEST:
John D. Frane, City Clerk
•
•
•
121i
James Refrigeration
The following is the full text of the City of Eden Prairie Ordinance No. 31-83,
which was adopted and ordered published at a regular meeting of the City Council of
1. the City of Eden Prairie on , 1983. Following the text of the
Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of
the Ordinance, is summarized.
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 31-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING 8Y REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAJNS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Office District.
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
Jffice District, and the iegai descriptions of land in each District referred to in
City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended
accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein.
Section 5. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dates as of , entered into
between James Refrigeration, an Iowa corporation, and the City of Eden Prairie,
which Agreement is hereby made a part hereof.
Section 6. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , and finally read and
adopted and ordered published at a regular meeting of the City Council of said City
on the day of
ATTEST:
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of ,
z22
Summary of Developer's Agreement: James Refrigeration
Developer will develop the land as described in Exhibit A which is attached
to and incorporated in the Developer's Agreement. In addition, the Developer's
Agreement provides for:
1. Submission of plans regarding sewer, water, and drainage to Engineering
Department.
2. Submission to the City Engineer of a development Plan for the land.
3. Submission to Watershed District of storm sewer construction plans.
Developer to follow the rules and regulations of said Watershed District.
4. Developer's warranty of title to the land.
5. Construction and maintenance of public improvements which are to be conveyed
to the City as well as preservation and restoration of areas surrounding
said improvements. Submission of a bond or letter of credit to ensure the
quality of said construction, maintenance, preservation, and restoration.
6. Rough grading to be performed by the Developer for improvements which the
City will construct pursuant to 100% petition of all owners of the land.
Submission of a bond or letter of credit for the rough grading.
7. Payment of first three (3) years' street lighting, engineering review, and
street signs costs.
8. Developer's commitment not to oppose rezoning if Developer fails to proceed
in accordance with the Developer's Agreement within 24 months.
9. Application of the Developer's Agreement to transferees of the land.
10. City's remedies in the event that Developer violates the provisions of the
Developer's Agreement.
11. Notice to the City's cable franchise.
12. Developer agrees that no graded area shall be left unrestored.
13. Prior to building permit issuance, Developer shall submit to the Director of
Planning and receive Director's approval of a revised landscaping plan
heavily buffering the western and eastern sides of the parking deck area
from the adjacent road.
14. Prior to building permit issuance, Developer shall submit to the Director of
Planning and receive the Director's approval of the exterior material used
for the office structure and parking deck.
15. Prior to building permit issuance, Developer shall submit to the Director of
Community Services and receive the Director's approval of a pedestrian
access from this site to the intersection of Bryant Lake Drive and Shady Oak
Road.
221Zfl
16. Prior to building permit issuance, submit to the Board of Appeals, and
receive the Board's approval of, variances for structure height and front
yard setbacks.
NOTICE: A printed copy of this ordinance is available for inspection by any person
during regular office hours at the office of the City Clerk.
ADOPTED by the Eden Prairie City Council on , 1983.
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
•
2212E
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R83-261
A RESOLUTION APPROVING FINAL PLAT OF
NORTHMARK FOURTH ADDITION
WHEREAS, the plat of Northmark Fourth Addition has been submitted in a
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 ordinances
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 Northmark Fourth Addition is approved: upon
compliance with the recommendation of the City Engineer's report on
this plat dated October 12, 1983.
B. That the City Clerk is hereby directed to file a certified copy of
this Resolution in the office of the Register of Deeds and/or
Registrar 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 subdivision 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
compliance with the foregoing provisions.
ADOPTED by the City Council on October 18, 1983.
Wolfgang H. Penzel, Mayor
ATTEST SEAL •
(
John D raF ne, Clerk
2213 {
•
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 L. Olson, Engineering Technician AC),. /4.2
DATE: October 11, 1983
SUBJECT: NDRTHMARK FOURTH ADDITION
PROPOSAL:
The developer, Hans Hagen Homes, Inc., is requesting City Council
approval of the final plat of Northmark Fourth Addition. The 5.2
acre site is located west of Center Way and north of Northmark
Addition, in the South ', of Section 13, and is intended for the
construction of 32 townhouse units.
HISTORY:
' The preliminary plat was approved by the City Council on June 6,
1983, per Resolution 83-131.
Zoning to RM 6.5 was finally read and approved by the City Council •
on June 6, 1983, per Resolution 83-131.
A zoning amendment for revised site plan, amending PUD District
and including variances, was authorized by the City Council on
•
July 19, 1983, per Ordinance 23-83.
The Developer's Agreement referred to within this report was executed
on July 19, 1983.
VARIANCES:
All variances to be allowed are described in the Developer's Agree-
ment. All other variance requests must be processed through the
Board of Appeals.
UTILITIES AND STREETS:
The street name "Hyland Court" will be changed to "Hyland Terrace"
to conform with existing names, prior to release of the final plat.
All municipal utilities and roadways will be installed by the
developer in conformance with City Standards.
Outlot A is intended to contain common driveways and will be owned
and maintained by the Homeowner Association.
22Ig
Northmark Fourth Addition Final Plat, Pg.2 October 11, 1983
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 Northmark Fourth Addition
subject to the requirements of this report, the Developer's Agreement,
and the following:
1. Receipt of fee for engineering in the amount of $990.00.
2. Receipt of fee for street lighting in the amount of $903.60.
3. Satisfaction of Bonding requirements.
DLO:sg
•
2215
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
C ORDINANCE ND. 47-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
•ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Planned .Unit Development 10-83
District (hereinafter "PUD 10-83"), which includes R1-13.5, R1-9.5 (with variances),
and RM-6.5 (with variances) Zoning Districts.
Section 3. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of
983, entered
into between Northwest Properties Corporation and the City of lEden Prairie
(hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms
and conditions of PUD 10-B3, and are hereby made a part hereof.
•
Section 4. The City Council hereby makes the following findings:
A. PUD 10-83 is not in conflict with the goals of the Guide Plan of the
City.
B. . PUD 10-83 is designed in such a manner to form a desirable and
unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of
the City Code, which are contained in PUD 10-83, are justified by
the design of the development described therein.
D. PUD 10-83 is of sufficient size, composition, and arrangement that
its construction, marketing, and operation is feasible as a complete
unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted.and the land shall be, and
hereby is, removed from the Rural District and shall be included hereafter in the
Planned Unit Development 10-83 District, and the legal descriptions of land in each
district referred to in City Code Section 11.03, subdivision 1, subparagraph B,
shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their
entirety by reference, as though repeated verbatim herein.
22i(,
•
Section 7. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , and finally read and
adopted and ordered published at a regular meeting of the City Council of said City
on the day of
ATTEST:
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of .
•
•
•
•
•
•
(
\_
•
Exhibit A
APPLE GROVES
LEGAL DESCRIPTIONS OF PROPOSED ZONING AREAS
PROPOSED R 9.5 AREA
That part of the Southeast Quarter of the Northeast Quarter of
Section 7, Township 116, Range 22 lying Southerly of the
Southeasterly right of way line of the Chicago, Milwaukee, St.
Paul and Pacific Railway Company
PROPOSED R 13.5 AREA
That part of the East half of the Northeast Quarter of Section
7, Township 116, Range 22, lying South of the South right of way
line of Valley View Road, Northerly of the Northerly right of way
line of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company, and Westerly of the following described line;
Commencing at the intersection of the West line of the East
half of the Northeast Quarter of Section 7; thence on an assumed
bearing of North 61 degrees 34 minutes 46 seconds East along the
Northerly right of way line of the Chicago, Milwaukee, St. Paul
and Pacific Railroad Company a distance of 653.00 feet to the
actual point of beginning of the line to be described; thence
North 28 degrees 25 minutes 14 seconds West a distance of 365.00
feet; thence North 7 degrees 55 minutes 14 seconds West a distance
of 217.00 feet; thence North 32 degrees 04 minutes 46 seconds East
a distance ot'185.00 feet; thence North 12 degrees 55 minutes 14
seconds West a distance of 72.00 feet; thence North 36 degrees 04
minutes 46 seconds East a distance of 156.00 feet; thence North 1
degree . 25 minutes 14 seconds West,a distance of 112.00 feet more
or less to the Southerly right of way of Valley View Road and
there terminating
PROPOSED R 6.5 AREA
•
That part of the East half of the Northeast Quarter of Section
7, Township 116, Range 22, lying South of the South right of way
line of Valley View Road, Northerly of the Northerly right of way
line of the Chicago, Milwaukee, St. Paul and Pacific Railroad
Company, and Easterly of the following described line;
- Commencing at the intersection of the West line of the East
half of the Northeast Quarter of Section 7; thence on an assumed
bearing of North 61 degrees 34 minutes 46 seconds East along the
Northerly right of way line of the Chicago, Milwaukee, St. Paul
and Pacific Railroad Company a distance of 653.00 feet to the
actual point of beginning' of the line to be described; thence
North 28 degrees 25 minutes 14 seconds West a distance of 365.00
feet; thence North 7 degrees 55 minutes 14 seconds West a distance
of 217.00 feet; thence North 32 degrees 04 minutes 46 seconds East
a distance of 105.00 feet; thence North 12 degrees 55 minutes 14
seconds West a distance of 72.00 feet; thence North 36 degrees 04
minutes 46 seconds East a distance of 156.00 feet; thence North 1
degree 25 minutes 14 seconds West a distance of 112.00 feet more
or less to the Southerly right of way of Valley View Road and
there terminating
Apple Groves
•
PUD-10-83-DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into as of , 1983, by
and between Northwest Properties Corporation, a Minnesota corporation, hereinafter
referred to as "Developer," and the City of Eden Prairie, a municipal corporation,
hereinafter referred to as "City:" E.
WITNESSETH: k.
WHEREAS, Developer has applied to City for development of approximately
40.91 acres for rezoning from Rural to R1-13.5, R1-9.5 (with variances), and RM-6.5
a.
(with variances) and preliminary plat for 162 residential units, situated in
Hennepin County, State of Minnesota, more fully described in Exhibit A, attached
hereto and made a part hereof, and said entire 40.91 acres hereinafter referred to
as "the property," and; S`
WHEREAS, Developer desires to develop the property as 162 single family
attached and detached units, on said 40.91 acres, based on plans dated October 18,
1983;
NOW, THEREFORE, in consideration of the City adopting Ordinance #47-83 and
Resolution #83-235, Developer covenants and agrees to construction upon,
development, and maintenance of said property as follows:
1. Developer shall plat and develop the property in conformance with
the revised materials dated October 18, 1983, reviewed and approved
by the City Council on October 4, 1983, and attached hereto as
Exhibit B, subject to such changes and modifications as provided
herein. Developer shall not develop, construct upon, or maintain
the property in any other respect or manner than provided herein.
2. Developer covenants and agrees to the performance and observance by
Developer at such times and in such manner as provided therein of
all of the terms, covenants, agreements, and conditions set forth in
Exhibit C, attached hereto and made a part hereof.
77 !/,.0
•
•
3. Developer agrees that no graded areas shall be left unrestored at
any time during the development process.
4. Prior to building permit issuance, Developer shall submit to the
Director of Planning, and receive the Director's approval of the
following:
•
A. A detailed landscape/screening plan for the property,
including, but not limited to, at least the following items:
1. Buffering plans for the area between the northern
• ends of the townhouse units and the single family
area planned to the north.
2. Detailed landscaping plans for the cluster homes
which screen the parking areas within the clustered
lots, provides privacy between the clustered units,
and provide continuity to the R1-9.5 area of the
development.
•
3. ' Detailed landscaping plans for the townhouse area
• which screens the parking areas within the townhouse
area and provides continuity to the adjacent R1-9.5
and R1-13.5 areas. •
4. Privacy fencing and mail box detail for the cluster
k homes.
B. A total of two elevations for the five building types
submitted for the cluster homes in order to allow for the
following development plan for the area south of the
railroad tracks:
1. No more than two of a single building type within a
cluster, each of a different elevation, and not
adjacent to each other, shall be allowed. • 1
2. Lots that are free-standing must not have the same
building type within two lots on the same side of
the street.
3. All setbacks within the area south of the railroad
tracks shall be in conformance with the "Typical
Minimum Building Setbacks" as depicted in Exhibit B.
C. A revised site plan indicating double car driveways for the
cluster homes and townhouses.
5. Prior to building permit issuance, Developer shall submit to the
City Engineer, and receive,the City Engineer's approval of the
following: •
{ A. A phasing plan for the development of the property.
•
ZtiiC 0
•
B. Storm sewer plans including catch basin spacing at no more
than 600 foot intervals and provision of a storm sewer
outflow for the low land area occurring to the west of this
property.
C. Sanitary sewer plans sized through this project according to •
the City Engineer's recommendations to accommodate sewer
flows to occur west of the property.
0. Street plans including, but not limited to, at least the
following: •
•
1. The road servicing the townhouse area of the site,
as depicted on Exhibit B, as a public road with
public utilities.
• 2. A 60 foot right-of-way for the east-west portion of
Lorence Way.
3. A 55 foot right-of-way for the north-south portion
of Lorence Way.
4. Plans indicating the location of temporary dead-end
sign for the west end of Lorence Way. ;
6.. Prior to building permit issuance, Developer shall submit to the
Director of Community Services, and receive the Director's approval
• of, a plan showing five-foot wide concrete sidewalks in the i Y
following locations:
A. Along one side of the public street within the townhouse
area of the project. •
,
B. Along the south side of the streets within the cluster area
south of the railroad tracks.
7. In implementation of the Planned Unit Development, and as variance
from certain provisions imposed by City Code Chapter 11, City
authorizes the following variances for the property:
A. R1-9.5 Cluster Units for:
1. Side Yard Setback per Exhibit B.
2. Minimum Lot Size per Exhibit B.
3. Maximum Density per Exhibit B.
•
B. RM-6.5 Townhouse Units for:
1. Side Yard Setback (Common Wall) per Exhibit B.
2. Minimum Lot Size
•
22.IG
•
IN WITNESS WHEREOF, the parties to this Agreement have caused these
presents to be executed as of the day and year aforesaid. •
CITY OF EDEN PRAIRIE
Wolfgang H. Penzel, Mayor
Carl J. Jullie, City Manager
STATE OF MINNESOTA)
COUNTY OF HENNEPIN)55.
•
The foregoing instrument was acknowledged before me this day of
, 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. 3ullie, the
City Manager, of the City of Eden Prairie, a Minnesota municipal corporation, on
behalf of the corporation.
Notary Public
•
• NORTHWEST PROPERTIES CORPORATION
Hani Hayek, President
•
STATE OF MINNESOTA) •
)5S. • )
COUNTY OF HENNEPIN)
•
The foregoing instrument was acknowledged before e me this day of
, 1983, by Hani Hayek, President, Northwest Properties Corporation,
a Minnesota corporation, on behalf of the corporation.
•
Notary Public
OWNERS' SUPPLEMENT
TO
DEVELOPER'S AGREEMENT
BETWEEN
NORTHWEST PROPERTIES
AND THE
• CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of
1983, by
and between Richard and Martha Bren, husband and wife, hereinafter referred to as
"Owners," and the City of Eden Prairie, hereinafter referred to as "City:"
For and in consideration of, and to induce, City to*adopt Resolution #83-253
for a preliminary plat approval and Ordinance #47-83 changing the zoning of the
property owned by Owner from Rural to R1-13.5, R1-9.5 (with variances), and RM-6.5
(with variances) as more fully described in that certain Developer's Agreement
( entered into as of , 1983, by and between Northwest Properties
and City, Owners agree with the City as follows:
1. If Northwest Properties fails to proceed in accordance with the
shalln Developer's Agreement
e
otoppsethet within rezoning24 of�thehs of propertyhe date hereof, Owner
to Rural.
2. This Agreement shall be binding upon and enforceable against Owners,
their successors, heirs, and assigns of the property.
3. If the Owners transfer such property, owners shall obtain an
agreement from the transferree requiring that such transferee agree
to the terms of the Developer's Agreement.
Richard Bren
Martha Bren
l
Z2►(o G
•
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
` The foregoing instrument was acknowledged before me this day of
, 1983 by Richard Bren and Martha Bren, husband and wife.
Notary Public
CITY
•
Wolfgang H. Penzel, Mayor
•
•
Carl J. Jullie, City Manager
•
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day of
, 1983, 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
•
•
•
•
2214 k
Apple Groves
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-255
A RESOLUTION APPROVING THE SUMMARY
OF ORDINANCE 47-83 AND ORDERING THE
PUBLICATION OF SAID SUMMARY
WHEREAS, Ordinance No. 47-83 was adopted and ordered published at a regular
meeting of the City Council of the City of Eden Prairie on the day of
, 1983;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN
PRAIRIE:
A. That the text of the summary of Ordinance No. 47-83, which is
attached is
public, and he of City of theintentil andfinds effectthaoftsaid
said
ordinance.
B. That said text shall be published once in the Eden Prairie News in a
body type no smaller than brevier or eight-point type, as defined in
Minn. Stat. sec. 331.07.
C. That a printed copy of the Ordinance shall be made available for
inspection by any person during regular office hours at the office
of the City Clerk and a copy of the entire text of the Ordinance
shall be posted in the City Hall.
D.' That Ordinance No. 47.83 shall be recorded in the ordinance book,
along with proof of publication required by paragraph 8 herein,
within 20 days after said publication.
ADOPTED by the City Council on , 1983.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Apple Groves
The following is the full text of the City of Eden Prairie Ordinance No. 47-83,
which was adopted and ordered published at a regular meeting of the City Council of
the City of Eden Prairie on , 1983. Following the text of the
Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of
the Ordinance, is summarized.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 47-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIDNS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORCAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Planned Unit Development 10-83
District (hereinafter "PUD 10-83"), which includes R1-13.5, R1-9.5 (with.variances),
( and RM-6.5 (with variances) Zoning Districts.
Section 3. The land shall be subject to the terms and conditions of
that certain Developer's Agreement dated as of , 1983, entered
into between Northwest Properties Corporation and the City of Eden Prairie
(hereinafter "Develnper'c Agreement"). The Developer's Agreement contains the terms
and conditions of PUD 10-83, and are hereby made a part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD 10-83 is not in conflict with the goals of the Guide Plan of the
City.
B. PUD 10-83 is designed in such a manner to form a desirable and
unified environment within its own.boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of
the City Code, which are contained in PUD 10-83, are justified by
the design of the development described therein.
•
0. PUD 10-83 is of sufficient size, composition, and arrangement that
its construction, marketing, and operation is feasible as a complete
unit without dependence upon any subsequent unit.
Section 5. The proposal is hereby adopted and the land shall be, and
hereby is, removed from the Rural District and shall be included hereafter in the
Planned Unit Development 10-83 District, and the legal descriptions of land in each
2.2161
district referred to in City Code Section 11.03, subdivision 1, subparagraph B,
shall be and are amended accordingly.
Section 6. City Code Chapter 1 entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their
entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its
passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , and finally read and
adopted and ordered pub'ished at a regular meeting of the City Council of said City
on the day of
ATTEST:
•
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
•
•
ui6K
Summary of Developer's Agreement: Apple Groves
Developer will develop the land as described in Exhibit A which is attached
to and incorporated in the Developer's Agreement. In addition, the Developer's
Agreement provides for:
1. Submission of plans regarding sewer, water, and drainage to Engineering
Department.
2. Submission to the City Engineer of a development Plan for the land.
3. Submission to Watershed District of storm sewer construction plans.
Developer to follow the rules and regulations of said Watershed District.
4. Developer's warranty of title to the land.
5. Construction and maintenance of public improvements which are to be conveyed
to the City as well as preservation and restoration of areas surrounding
said improvements. Submission of a bond or letter of credit to ensure the
quality of said construction, maintenance, preservation, and restoration.
6. Rough grading to be performed by the Developer for improvements which the
City will construct pursuant to 100% petition of all owners of the land. •
Submission of a bond or letter of credit for the rough grading.
7.•
Payment of first three (3) years' street lighting, engineering review, and.
street signs costs.
8. Developer's commitment not to oppose rezoning if Developer fails to proceed 1
in accordance with the Developer's Agreement within 24 months.
9. Application of the Developer's Agreement to transferees of the land. S'
10. City's remedies in the event that Developer violates the provisions of the
Developer's Agreement.
11. Notice to the City's cable franchise.
12. Developer agrees that no graded area shall be left unrestored.
13. Prior to building permit issuance, Developer shall submit to the Director of
Planning and receive Director's approval of: A detailed landscaping/-
screening plan; elevations for each of the five building types submitted for
the cluster homes for the development plan; and a revised site plan showing
double car driveways for the cluster homes and townhouses. 1
14. Prior to building permit issuance, Developer shall submit to the City
Engineer and receive the Engineer's approval of: A phasing plan for
development of the property; storm sewer plans, sanitary sewer plans, and
street plans.
15. Prior to building permit issuance, Developer shall submit to the Director of
Community Services, and receive the Director's approval of, a plan showing
five-foot wide concrete sidewalks along one side of the public street within
•
221(. L
the townhouse area and along the south side of the streets within the
cluster area south of the railroad tracks.
16. Variances are granted as follows:
R1-9.5 Cluster Units for side yard setback, miminum lot size, and maximum
density.
RM-6.5 Townhouse Units for side yard setback (common wall) and minimum lot
size.
NOTICE: A printed copy of this ordinance is available for inspection by any person
during regular office hours at the office of the City Clerk.
ADOPTED by the Eden Prairie City Council on , 1983.
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
•
•
22)Lm
ORDINANCE NO. 54-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING
CITY CODE CHAPTER 2 BY ADDING THERETO SECTION 2.87 RELATING TO
THE ESTABLISHMENT OF A CIVIL DEFENSE AGENCY, AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG
OTHER THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA,ORDAINS:
Section 1. City Code Chapter 2 shall be and is amended by adding thereto
Section 2.87 which reads as follows:
SEC.2.87. CIVIL DEFENSE.
Subd. 1. Civil Defense Act adopted. The "Minnesota Civil Defense Act,"
Minnesota Statutes,Chapter 12,insofar as it relates to cities,is hereby adopted by
reference as part of this Section,as fully as if set forth explicitly herein.
Subd. 2. Establishment of a civil defense agency. There is hereby created
within the City government a civil defense and disaster agency, which shall be
under the supervision of a Director to be appointed forthwith by the Mayor. The
Director shall have direct responsibility for the organization, administration and
operation of said civil defense agency, subject to the overall direction and control
of the City Council.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions •
Applicable to the Entire City Code including Penalty for Violation" and Section
2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by
reference,as though repeated verbatim herein.
Section 3. This Ordinance shall become effective from and after its passage
and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of _, 1983, and finally read and adopted and
ordered published at a regular meeting of the City Council of said City on the_
day of ,1982.
ATTEST:
City Clerk Mayor
PUBLISHED in the Eden Prairie News on the_day of ,1982.
Z24
•
•
Prairie Wash Addition
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 49-83
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE
ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND
IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIDN 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance
(hereinafter, the "land") is legally described in Exhibit A attached hereto and made
a part hereof.
Section 2. That action was duly initiated proposing that the land be
removed from the Rural District and be placed in the Regional Commercial Service
District.
•
•
Section 3. That the proposal is hereby adopted and the land shall be,
and hereby is removed from the Rural District and shall be included hereafter in the
Regional Commercial Service District, and the legal descriptions of land in each
District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B,
shall be, and are amended accordingly.
Section 4. City Code Chapter 1, entitled "General Provisions and
Definitions Applicable to the Entire City Code Including Penalty for Violation" and
Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their
entirety, by reference, as though repeated verbatim herein. •
Section 5. This Ordinance shall become effective from and after its
passage and publication.
•
FIRST READ at a regular meeting of the City Council of the City of Eden
Prairie on the day of , and finally read and
adopted and ordere65Wrished at a regular meeting of the City Council of said City
on the day of
ATTEST:
John D. Frane, City Clerk Wolfgang H. Penzel, Mayor
PUBLISHED in the Eden Prairie News on the day of
•
11
•
•
22I '
•
Exhibit A
PROPOSED DESCRIPTION FOR
PRAIRIE WASH ADDITION
That part of the Northeast Quarter of the Southeast Quarter of Section 10,
Township 116, Range 22, Hennepin County Minnesota described as follows:
EofLnencing at the intersection of the northerly line of Trunk
Highway Number 169 per Document No. 340637 with the East line
of said Section 10; thence southwesterly along the northerly
line of said Trunk Highway Number 169 on an assumed bearing
of South 77 degrees 14 minutes 03.4 seconds West a distance
of 750.81 feet; thence bearing North 76 degrees 31 minutes
47.3 seconds West a distance of 154.53 feet; thence bearing
North 38 degrees 29 minutes 40.2 seconds West a distance of
31.50 feet; thence bearing North 00 degrees 27 minutes 27.6
seconds West a distance of 1011.523 feet; thence North 43
degrees 38 minutes 52.7 seconds East a distance of 28.72 feet;
thence bearing North 87 degrees 45 minutes 12.9 seconds East
a distance of 87.63 feet; thence along a tangential curve
concave to the North and having a radius of 1205.92 feet and
central angle of 10 degrees 07 minutes 05 seconds, a distance
of 212.96 feet to the point of beginning of the land to be
' described; thence continuing northeasterly along the last
described curve a distance of 190.30 feet; thence North 68
degrees 35 minutes 38.4 seconds East, tangent to the last
described curve. a distance of 30.49 feet; thence South 21
degrees 24 minutes 22 seconds East a distance of 347.79 feet
• to the south line of said Northeast Quarter of the Southeast •
0uarter; thence South P9 degrees. 55 minutes 16 seconds West
along said south line a distance of 236.17 feet to the
intersection of said south line with a line drawn South 21
degrees 24 minutes 22 seconds East from the point of
beginning; thence 'forth 21 degrees 24 minutes 22 seconds
West, along the lac.t n scribed line, a distance of 276.88
feet to the hoic.t a' heeihning.
•
•
2219
•
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-263
A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS
OF COUNCIL APPROVAL OF THE PRAIRIE WASH ADDITION
FOR RICKEY ITES FOR A CAR WASH/OFFICE BUILDING
BE IT RESOLVED that the proposal for a car wash/office buuilding on 1.56 acres for
Rickey Ites, located east of Prairie Center Drive and south of Valley View Road, is
herein approved subject to the following specific conditions:
1. The site plan and grading plan, dated September 17, 1983, and attached
hereto shall apply. !f
2. Prior to issuance of a building permit, developer/owner shall:
A. Submit to the Director of Planning, and receive the Director's
approval of a landscape/screening plan for the site.
B. Submit to the Director of Planning, and receive the Director's
approval of a lighting plan for the site.
•
C. Revise the site plan to place the vacuum units and trash cans within
contained, brick enclosures. Developer/owner shall use the style of
vacuum cleaners depicted as Exhibit B attached hereto and made a
part hereof.
D. Submit detailed plans to the Engineering Department regarding water,
sanitary and storm sewer.
E. • Obtain an easement agreement from the adjacent properties for the
construction and use of mutual access drives. .
F. Submit a signage plan, consistent with Code requirements.
G. Pay the required Cash Park Fee.
H. Receive approval from the Watershed District.
ADOPTED by the City Council on , 1983.
Wolfgang H. Penzel, Mayor. •
rr ATTEST: •
l_
John D. Frane, Cify Clerk
2220
•
LIVINGSTON . gOCg EXP .;
IN I ENNANONAL CANWASN ASSOCIATION
NATIONAL CANWASN COUNCIL
�.a.` . .. -
p .1A 1,„ „.,.,..risk..
,, •. :s .) ,,.. r,,, ,j I. . JJ \V! JiJ
VOLUME 1, ISSUE 1 CHICAGO, ILLINOIS JUNE 1
rf% Y V,/ i•.r' C'/i:c,,,.c/ , , ,ti , . :'A/..,a, ,
ILL-NEW VacCenter -
.ivingston's modular VacCenter is AROUND.'
on the list of innovative equip. AUDITOR
lent at the 1983 ICA/PICC Exposi• A micro•procl
on in Chicago.On display in booth self-service c,
09, the VacCenter is structurally at the Livings
omplete with Model 916 Vacuums 1- Chicago. It i;
—
ewired and mounted with coin.
co I unit that will.
ieters and security vault. (1gram and silt
tstallation is fast and performed in I I equipment h
to following simple steps:(I)posi• c o o the unit mon
o cycle as it or,on framework and level. (2) con-
ect electrical inlet.(3)fill base with "The unit givE
Pncr (4)open vacuums and dial •the art cor
me .e. (5)switch to number of Dunn,mangy
Pins per cycle. (6)close and lock C ing. "Its two
scuum. (7)deposit coins and start •_, unique to th
lcuuming. N.... equipment of
•
he VacCenter is constructed with k •tenth of a se
�
urdy tubular and sheet steel frame.
" actly what h.
urk finished with an attractive COPYRIGHT 1983 ment is used.
earlier•u•>.istant black coating.the ` Livrxtston led.Lid- The The recorded
Ise is 38-wide by 85"long with a in the control
'high curbing that is reinforced to A I0•inch square,vault.support col. The all•in•one modular VacCenter is can only be
)Id approximately V., yard of starts umn is at center of the unit and ideal for new carwash facilities or up• proprietary cc
Ird 1, IL-ady.mix concrete for per. houses the electrical conduit, coin grading old ones. It is specifically changed and
anent mounting. meters and a security vault.The top ,designed to cut down costs of in. owner choose
:ing-t.m's Model 916 Vacuums of this column is 47"high and it is stallation in both labor and kit is built-in.
c uu uueu di nurunu•d back•tu• "-Allredwith an inchdhirk ctPPr plate materials. It presents an image of memory loss
,ck witii 23"spacing for easy ac• that is adaptable to optional lighting streamlined efficiency that attracts for up to /L I
ss to the 5.6 total H.P. motor fixtures, carwash customers .•. and it pro.
,n,,inas while both vacuum tops Three-inch square tubular steel vides topnotch performance to •
I hingcd in upright position. The bumpers are also positioned at all keep them coming back on a regular 3
Ittom of trash receptacle for four corners of the VacCenter.They bassi• i.
uurn is positioned 20"from top extend 23"above the curb line and This all reflects in greater bottom• f
b,, , f or easy removal. 'total serve as positive protection frore er• line profits for operator•owners.
h of vac is 65.inches. rant drivers. � tia�,,
_A1 AWAY SOIL 2 to 15 GPM delivery at 700 to Outlets for two•man operation can
e I,a,n•.t•,ron high-pressure detail 1500 PSI.Single or 3-phase motors also be supplied at optional cost in
`tell m display in booth I U9 is and 24.volt off,wash and rinse Son• the stationary models which are The unit is do
designed and rut 'illy trots arc standard along with a completely assembled and mounted monitor five 1
speci,dly•adapted untoader,positive on a rugged steel base.
uro•,•ie,l IN ,'uuveyurin•d r.,r•
with two addi 1
h i,l,il,„n•, Lhc•mrcal injector, ;Mit. of wire- to allow sys
17._l Varie h d nglhs n1 spray gun exhvl•braid .spray hum. and heavy•dlrry opetalor cart
siclns and addiliiNLil I,mu16¢1ti t.,.d,.
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. R83-260
A RESOLUTION APPROVING FINAL PLAT OF
PRAIRIE WASH ADDITION
WHEREAS, the plat of Prairie Wash Addition has been submitted in a 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 ordinances
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 Prairie WashAddition is approved upon
compliance with the recommendation of the City Engineer's report on
•
this plat dated October 11, 1983.
B. That the City Clerk is hereby directed to file i certified copy of
this Resolution in the office of the Register of Deeds and/or
Registrar of Titles for their use as required by NSA 462.358, Subd.
3.
C. That the City Clerk is hereby directed to supply a certified copy of
this Resolution to the owners and subdivision 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
compliance with the foregoing provisions.
ADOPTED by the City Council on October 18, 1983.
•
Wolfgang H. Penzel, Mayor
ATTEST SEAL
John D. Frane, Clerk
ZZZZ
CITY OF EDEN PRAIRIE
ENGINEERING REPORT ON FINAL PLAT
7
TO: Mayor Penzel and City Council Members
4
4
THROUGH: Carl Jullie, City Manager
Eugene A. Dietz, Director of Public Works
FROM: David L. Olson, Engineering Technician 6.
DATE: October 11, 1983
SUBJECT: PRAIRIE WASH ADDITION
PROPOSAL:
The developer, Mr. Rick ltes, has requested City Council approval
of the final plat of Prairie Wash Addition. The site contains 1.56
acres and is located south of Valley View Road and approximately
400 feet east of Prairie Center Drive in the South 1 of Section 10.
The site will be used for the construction of a car wash.
HISTORY:
The preliminary plat was approved by the City Council on October 6,
1983, per Resolution 83-239.
Second reading of Ordinance 49-83 zoning the property to Commercial
Regional Service is scheduled for October 18, 1983.
Resolution 83-257 approving the site plan for Prairie Wash is
scheduled for adoption by the City Council on October 18, 1983.
VARIANCES:
All variance requests must be processed through the Board of Appeals.
UTILITIES AND STREETS:
Municipal services are available to the property. No additional
municipal utilities or roadways will be installed within this plat. 11
Cross easements covering access to the site from the entrance located !.
at the Valley View Road median openings will be necessary prior to
release of the plat.
PARK DEDICATION:
The requirements for park dedication are covered in Resolution 83-257.
BONDING:
Bonding will not be required.
RECOMMENDATION:
Recommend approval of the final plat of Prairie Wash Addition
subject to the requirements of this report and the following:
1. Receipt of engineering fee in the amount of S100.00.
2. Second reading by City Council of Ordinance 49-83.
3. Approval by City Council of Resolution 83-257.
4. Receipt of copies of cross easement.
DLO:sg 2223
•
CITY OF EOEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-262
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 52-056, Lime Sludge Removal & Disposal
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
W & G Rehbein Bros.
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 W & G Rehbein Bros.in the name of the City of Eden Prairie in the
amount of $93,125,00.in accordance with the plans and specifications thereof
approved by the Council and on file in the office of the City Engineer.
AOOPTED by the Eden Prairie City Council on October 13, 1983.
Wolfgang H. Penzel, Mayor
ATTEST: SEAL
John D. Frane, City Clerk
2zzy
l •
To: Mayor Penzel and Members of the City Council '
From: Eugene A. Dietz, Director of.Public Works
Date: October 13, 1983
Subject: Summary of bids for Improvement Contract 52-056
Sealed bids were received at 10:00 A.M. on Thursday, October 13, 1983, for
the above referenced improvement. Two bids were received and tabulated as
follows:
BIDDER BID SECURITY TOTAL BID AMOUNT
W & G Rehbein Bros. 5% $ 93,125.00
Max Johnson Trucking 5% $162,500.00
Engineer estimate $ 9B4O00.00
The low bid is approximately 5% below our estimate.
Recommend award of contract 52-056 to W & G Rehbein Bros., Inc. in the
amount of $93,125.00.
i
•
CITY OF EDEN PRAIRIE
l HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 83-251
A RESOLUTION AMENDING THE
. COMPREHENSIVE MUNICIPAL PLAN
WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive
Municipal Plan ("Plan"); and,
WHEREAS, the Plan has been submitted to the Metropolitan Council for review
and comment; and,
WHEREAS, the proposal of Mark Charles for development of Bluff Ridge for
mixed residential uses requires the amendment of the Plan;
NOW, THEREFORE, 8E IT RESOLVED that the City Council of Eden Prairie,
Minnesota, hereby proposes the amendment of the Plan as follows: approximately 16.2
acres located south of County Road #1 and east of Franlo Road, be modified from Low
to Medium Density Residential.
ADOPTED by the City Council of Eden Prairie this day of
, 1983.
•
1Volfgang H. Penzel, Mayor
ATTEST: •
John D. Frane, City Clerk
•
SEAL
. •-;» 4.
l
CITY OF EDEN PRAIRIE ;
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #83-252 t •
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RESOLUTION APPROVING THE PRREELIMINARY PLAT OF BLUFF RIDGE FOR
MABE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of 81uff Ridge for Mark Charles, dated September 22, 1983,
of 16.2 acres for 88 single family attached and detached units, a copy of which is
on file at the City Hall, 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
, 1983.
•
Wolfgang H. Penzel, Mayor
ATTEST: •
John D. Frane, City Clerk •
22'2?
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WO
go
DEPARTMENT OF TRANSPORTATION �""
320 Washington Av. South ( ` �
Hopkins, Minnesota 55343 �'
HENNEPIN
935-3381 July 29, 1983
. Chris Eager
Director of Planning
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Mr. Eager:
RE Proposed Plat - "Bluff Ridge"
CSAH 1 SE Quadrant Franlo Road
Section 25, Township 116, Range.22
Hennepin County Plat No. 1110
Review and Recommendations
Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of
proposed plats abutting County roads. We reviewed the above plat and found it ac-
ceptable with consideration of these conditions:
-For future improvements to CSAH 1 the developer should dedicate an additional 17
feet of right of way making the right of way 50 feet from the center of CSAH 1.
-Although the proposed location of the Bluff Ridge Road intersection with CSAH 1
does not meet the minimum sight distance requirements for the posted 50 mph, it
is the best location for the access along this hilly, curvy section of CSAH 1.
-Any new access onto a County road requires an approved Hennepin County entrance
permit before beginning any construction. See our Traffic Division for entrance
permit forms.
-All proposed construction within County right of way requires an approved
utility permit prior to beginning construction. This includes but is not
limited to, drainage and utility construction, trail development, and
landscaping. See our Maintenance Division for utility permit forms.
-The developer must restore all areas disturbed during construction within
County right of way.
Please direct any response or questions to Les Weigelt.
ncerely,
el. add
amen M. Wold, P.E.
Chief, Planning and Programming
•
JMW/LDW:pl
cc: Urban Unit Corporation
HENNEPIN COUNTY
an equal opportunity employer
222E
OFFII 8950 EOEN PRAIRIE ROAD/EOEN PRAIRIE.MN 55344.2499/TELEPHONE 18121937.2282
P!'1 C.
September 30, 1983
Mr. Gerald Isaacs, Chairman
Metropolitan Council •
300 Metro Square Building
7th and Robert Streets
St. Paul, MN 55101
Dear Chairman Isaacs:
Enclosed please find the following three proposed Comprehensive Guide Plan
Amendments for our community:
1) Apple Groves '
2) Bluff Ridge
3) Preserve Manor Homes
For your information, copies of the proposed amendments have been sent to the
surrounding communities, affected county and state agencies, and to the affected
school districts, also. •
Please inform my office if you have any questions regarding these proposals. We
will look forward to your final comments on these projects after your review is
completed. -
Sincerely yours,
CITY OF EDEN PRAIRIE •
•
•
Chris Enger
Director of Planning
kk
Enclosures
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2z 29
METROPOLITAN•
•
COUNCIL
300 Metro Square Building, St. Paul, Minn. 55101
INFORMATION SUBMISSION
COMPREHENSIVE PLAN AMENDMENTS
This worksheet must be filled out and submitted to the Metropolitan
Council with a cow of each proposed comprehensive plan amendment.
The purpose of this worksheet is to summarize the proposed change so
that the Metropolitan Council will have enough information about
contemplated plan amendments to determine whether the Council has an
interest in reviewing the amendment in more detail. Please be as .
' specific as possible; attach additional explanatory materials if
necessary.
I. GENERAL INFORMATION • ' • •
A. Sponsoring governmental unit City of Eden Prairie
Name of local contact person Chris Enger, Director of Planning
Address 895D Eden Prairie Road, Eden Prairie, MN 55344
Telephone 937-2262
B. Attach a cow of the proposed amendment, including a map showing
the location of the proposed change, the current plan map, and
the proposed plan map. Indicate which sections) of the
original plan is (are) being amended. •.
C. What is the official local status of the proposed amendment?
• (Check one or more as appropriate.)
X Acted upon by planning commission (if applicable) on
September 26, 1983
X •Approved by governing body, contingent upon Metropolitan
Council review, on October 18,1983
• -- Considered but not approved by governing body on
Other S
D. • Summarize the reasons for the proposed amendment. Provides a diversit
of housing types. No conflict with adjacent development.
E. Provide a list of all local units and all jurisdictions affected
by the change (school districts, watershed districts, etc. ) that
have been sent copies of this worksheet and plan amendment and
the dates copies were sent to them.
•
Eden Prairie School District •
Purgatory Creek Watershed District •
Hennepin County Department of Transportation • •
i
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II. LAND USE •
.
i,. Describe the following, as appropriate:
o Size of area in acres 16.2
o Proposed type(s) of land use Townhouses and Small Lot Single Family .
ei en
o Number of residential dwelling units 88 .
• o proposed density 5.43 units/acre.
o Proposed square footage of commercial, industrial, or public
buildings Not Applicable • •
B. population, Household and Employment Forecasts
Would you expect the proposed amendment to result in changes to
the population, household or employment forecasts for
990, or
for the five-year stages contained in the original plan,
land parcels affected by the change?
— No/Not applicable.
X Yes
/Not Not sure. If yes cc not sure, show below the expected
changes: '
Forecast Based on Forecast
o ecast Based
, n
previous Plan Amendment
Year Pop. Hsg. Emp1. PoP Hsq
•1990 33,367 1,840 22,469 33,367 .1,840 22.469
Interim NOTE: The unchanged population projected is based on the approval
Stages• of several Guide Plan changes where decreases in population•
19
are offset with aprpoved Guide Plan changes where increases -
19 in population will occur.
C. Changes to Timing and Staging of Urban Service Area
Will the proposed amendment result in changes to the boundaries'
of the urban service area or to the timing and staging of i.
development or of the urban service area? .
•
X No/Not applicable.
. Yes. Be sure Section I contains a map of .these changes, '
measurements of the land area involved, and designation of
new timing and staging. •
22 31
}
/.
D. Housin
intent
this achieve
haveth long-terman effect goalseformlow-rand moderate-income
to use gopportunities contained in the cciginal
and modest-cost housing pPo
• plan?
•
X No/Not applicable.
•
Yes. Describe effect
III. IMPLEMENTATION PROGRAM •
•
A. Official Controls
Will the proposed amendment require a change to zoning,
subdivision, or on-site sewer ordinances?
No.
X Yes. Please describe. The current zoning is Rural and the project
is approved for both medium and low density residential.
B. Capital Inanrovement Program
Will the proposed amendment require a change to the•CIP?
X . No. i
Yes. Please describe.
IV. gUMMARY OF FINDINGS AND CONCLUSIONS (Optional)
•
You may add comments stating your conclusion ons atCoetktheehe effects of
nts.
the proposed amendment on metropolitan
that apply. -
A metropolitan system is potentially affected by the
"- proposed amendment but the proposed change is minor or
inconsequential. A review period of less than 90 days is
appropriate.
A metropolitan system is potentially affected by the
— proposed amendment, and a 90-day review should take place.
No metropolitan system is potentially affected by the
—
proposed amendment.
•
( X No metropolitan system is potentially affected by the
"- proposed amendment and waiver of Council comment and review
is recommended.
Other:
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MEMORANDUM
Parks, Recreation and Natural Resources Commission
FROM: Bob Lambert, Director of Community Services 1-114-' •
DATE: October 11, 1983 •
SUBJECT: Supplementary Staff Report to the September 23 Planning Staff Report for
Bluff Ridge
The Bluff Ridge Development will provide 60 townhomes and 28 single family homes directly
north of the Franlo Road Park site.
The major park, recreation and natural resource issues in this development are:
1. Trails and public access to the park.
•
2. Resolution of the storm water drainage from this site to the park.
3. Timing for development of the park to serve this neighborhood, as well as
the existing new development that is occurring to the northwest.
The Planning Staff Report of September 23 recommends a 5' concrete sidewalk on the east
side of Franlo Road, and a 5' concrete sidewalk on the north side of the through street
through this development. An 8' asphalt hikeway/bikeway is also planned for the west
ide of Franlo Road that will connect with the 8' asphalt bikeway that will eventually
constructed adjacent to County Road 1.
The Community Services Staff would also recommend that a 5' concrete sidewalk be con-
structed from the intersection of the private drive and Lee Road between the townhomes,
• south to the park. This will provide the most direct access to the park for approximately
half of this development, and would be the path that the majority of the pedestrians
would take to the park in any case.
The proponent has submitted a storm water plan illustrating approximately the western
half of the townhouse area draining to the west toward Franlo Road where it would be
picked up in catch basins and outletted to the south on to the City park property. There
is also overland drainage swales outletting to the south onto the park property. The
City Engineering Staff and the Community Services Staff are presently reviewing this
drainage plan. This proposal will not be approved until a satisfactory drainage plan
has been reviewed and approved.
•
Earlier this year, the Parks, Recreation and Natural Resources Commission and the City
Council approved a recommendation to notify the Hennepin County Leaf Recycling Center
that its operation must cease as of June 15, 1984, because at that time the City in-
tends to begin development of Franlo Road Park. Cash park fees received from this
development and the existing development occurring to the northwest will bo used to
pay off the remaining acquisition cost for the Franlo Road Park site, and to complete
the grading and seeding of this park site.
'ommunity Services Staff recommends approval of Bluff Ridge as per the September 23
Planning Staff Report with the addition of the park access between townhomes as per
this report.
BL:md
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C. BLUFF RIDGE, by Mark Charles. Request for Planned Unit
Development Concept Review for a mixed residential use,
Planned Unit Development District Review and Zoning from
Rural to RM-6.5 and R1-9.5 for 118 units, and Preliminary
Plat of 16.2 acres for mixed residential use. Location:
Southeast quadrant of County Road 01 and Franco Road. A
public hearing.
Mr. Charles Coombs, Mark Charles, reviewed the concept of the
project, explaining the relationship between the single family and
multiple family units. He also presented the architectural plans
for the units, exhibiting integration of the styles of units between
the single family and multiple family structures.
Staff reviewed the recommendations of the Staff Report of August 5,
1983.
Torjesen stated that he felt detail was missing regarding the
clustered units proposed within the development. He pointed out
that the clustered units had been allowed in other locations under
very specific conditions, and that other developments requesting the
same type of units should be prepared with the same level of detail.
Chairman Bearman questioned whether there were public roads in the •
project. Mr. Coombs explained that the north road within the
project was proposed to be a public road.
Hallett asked if there were public roads in other such proposals.
Staff responded that there were.
Chairman Bearman stated that he was concerned •that 54 of the units
2235
Planning Commission Minutes 6 August 8, 1903
were located in an area with steep grades and within thick tree
stands. He suggested that sight lines would be helpful in
determining whether the units were properly placed within the site
area. He added that it appeared that some of the 54 units were
• located in such a way that it seemed as if many existing trees would
be removed.
Torjesen stated that he felt the requested Comprehensive Plan change
from Low Density Residential to Medium Density Residential needed
greater justification than was provided by the proponent. He stated
that he felt strongly that any change in the Comprehensive Plan
should be supported by rationale from the developer as to the
benefits and needs for such a change. Torjesen stated that he did
not feel adequate justification had been provided in this case.
Torjesen pointed out that the most intense land use was planned for
the most sensitive areas of the site, i.e. the areas in which tree
stands and drainage areas were located, and along the ridge of the
bluffs.
Mr. Wally Hustad, owner of the land, stated that the Guide Plan did
not reflect the 1977 Planned Unit Development for the site, but that
the area had been designated for single and multiple family
residential. He stated that the overall plan of the Bluffs area was
to keep the multiple residential units in close proximity to the
major arterials.
Marhula asked which party would be responsible for screening between
the single family units and the proposed church site to the north.
He suggested that this matter be clarified prior to final planning
. detail for the site.
Marhula also questioned the storm water drainage for the site. As
noted in the Staff Report, the storm water drainage for the area was
becoming a larger question affecting the remainder of the
undeveloped properties in the area. He stated that he felt it would
be important for the Engineering Department to evaluate the area in
greater detail prior to final action on the project.
Marhula also questioned the proposed single family units being
located directly across the street from multiple family units, and,
therefore, the lack of transition between differing uses.
Regarding the trees, Marhula stated that he agreed with Torjesen
regarding the need for greater effort to save trees on the site. He
stated that, while he realized that not all the trees could be
saved, the proponent could perhaps move a step further toward
preservation of more of them on this site.
Torjesen stated that he would also like to have the proposed grading
plan and landscape plan for further review of the project,
particularly in view of the fact that there were differing land uses
on the site and adjacent to the site and due to the close proximity
to the bluffs area.
'12��0
Planning Commission Minutes 7 August 3, 'iS13
Torjesen asked if the smaller lot single family units along the
bluff ridge would meet the minimum lot requirements for that zoning
district. Mr. Coombs stated that they would.
Torjesen asked proponents for their comments regarding the proposed
access to County Road #1. Mr. Coombs stated that it was the
recommendation of City Staff to add the access to County Road #1.
Regarding the proposed Comprehensive Guide Plan change, Torjesen
stated that he felt any change to the Guide Plan should be justified
by the proponent. He stated that he felt this was a radical change
to the Guide Plan, as proposed. Torjesen suggested that the
proponents be prepared to answer questions such as how the City
would benefit by allowing the increased intensity of land use in
this area, in particular, allowing the greater density to be located
along the sensitive areas.
Jerry Hegge, 10015 Pioneer Trail, stated that he had several
concerns: 1) The sandy soils of the area would not hold water long,
and there was concern regarding the potential affect on the shallow
wells in this area; 2) The intersection of County Road #1 and County
•
Road #18 was already a source of traffic problems in the area at
peak times, and there was concern regarding the affect of this
development on that intersection; 3) There was need for a bike trail
along County Road #1 to decrease the possibility of accidents with
the increased traffic from the development; and, 4) A suggestion was
made regarding the headlights from vehicles within the development,
which would shine into his single family home to the east, that
berming be added or the road be realigned to prevent headlights from
shining directly into their windows. Mr. Hegge also expressed
concern for the number of garbage trucks using County Road #1 and
stated that he felt this truck route would have an effect on the
proposed development, as it was already impacting the existing
residents in the area.
Gartner stated that she agreed with the need for a bike trail along
County Road #1.
Chairman Bearman asked Staff to coordinate with Hennepin County
Department of Transportation regarding the proposed access to County •
Road #1.
Torjesen stated that he felt strongly that projects of this size,
when requesting a Comprehensive Guide Plan change, should be dealt
with in two segments: First the land use issue, then the site
detail. He reiterated concern that the developer had not justified
the need for the Guide Plan change for this proposal, and,
therefore, he did not feel it was appropriate to deal with site
detail prior to answering land use questions.
MOTION:
Motion was made by Hallett, seconded by Gartner, to continue item to
12A'1
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Planning Commission Minutes 8 August 8, 11;33
the August 29, 1983, Planning Commission meeting with the proponent
to respond to the concerns addressed at this meeting, in particular,
the issue of the Comprehensive Guide Plan change.
• Motion carr ied--5-0-0
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2331
STAFF REPORT
TO: Planning Commission
FROM: Chris Enger, Director of Planning
DATE: September 23, 1983
PROJECT: Bluff Ridge
LOCATION: Southeast corner of Franlo Road and County Road #1
APPLICANT: Mark Charles
FEE OWNER: The Bluff Company
REQUESTS: 1. Planned Unit Development District Review and Zoning District
Change from Rural to R1-9.5, with variances, and RM-6.5,
with variances, for 28 small lot single family homes and 60
townhomes.
2. Preliminary Platting of approximately 16.2 acres
Background
The Planning Commission previously recommended approval of a Comprehensive Guide
Plan Change from Low Density Residential to Medium Density Residential, and Planned
Unit Development Concept in this area according to preliminary plans submitted by •
proponent. The initial plan submitted by the proponent was for 34 small lot single
family homes and 52 townhouses. However, that plan depicted single family lots
directly across the street from townhouses, and the Planning Commission asked the
proponent to revise the plan, so that the transition between single family lots and
townhouses would occur across back lot lines, where buffering could be added. Mark
Charles returned to the Planning Commission with a revised plan containing 27 small
lot cluster homes and 62 townhouses. The Planning Commission was concerned about
continuation of a through-road and the exact treatment of townhouse units that were
planned on the public street, as well as the overall schematic storm sewer plan for
the entire area.
The revised plan is a request for 28 small lot single family homes in seven clusters
and 60 townhouses. The single family homes occur on approximately six acre of land '
at a density of 4.6 units per acre. The townhouses occur on approximately ten acres
of land for a density of 5.95 units per acre. The overall density for the project
is 5.43 units per acre.
Storm Water System
The proponent has submitted a schematic overall storm water study from RCM, which
indicates where the storm water for the area in general will be going, and the
( capacities of the various ponds and culverts. The proponent has also submitted a
specific storm water plan illustrating approximately the western half of the
2239
Bluff Ridge Staff Report 2 September 23, 1983
townhouse area draining to the west toward Franlo Road, where it would be picked up
in catch basins and outletted to the south onto the City park property.
The balance of the area, with the exception of the northern portion of the northern
cluster lots, would drain to the street and be picked up in catch basins and carried
to the east, where it would be outletted to a low area approximately 300 feet east
of this property. The amount of water running north from the northern cluster lots
is negligible and less than ran from the site under natural conditions. The water
running to the east would be eventually picked up in a future storm sewer system to
be included as a part of a road system. However, the property owner to the east
must be contacted, and his approval obtained, for temporary outletting of this storm
water.
In addition, the City Engineering Department and Park Department will have to
evaluate, first, the overall storm water system, and second, review the outlet of
storm water to the park area.
Cluster Development Plan
'rhe proponent has provided a development plan, which illustrates four different unit
types, each with two elevations, for the cluster homes. The developer would agree
to place not more than two of any single house type within a cluster and not place
these house types adjacent to each other. In addition if more than one house type
were present in an individual cluster, the elevation would not be the same.
Townhouse Area
There are two clusters of townhouses, which take access directly from the public
street. The Planning Commission had asked the proponent to try and limit the number
of driveways accessing the public street. The proponent has provided three
different alternatives for reducing the number of driveways on the public street for
the northern townhouse cluster of ten units.
The first alternative would be to turn the townhouses sideways to the street,
utilizing eight townhouses, rather than ten. The advantage of this approach is that
it provides only one driveway access to the public street and provides the maximum
amount of area possible for screening of the parking. The disadvantage of this
alternative is that it removes the most amount of woods and requires the most
grading on the slope.
The second alternative would be to combine two groups of four driveways into one and •
narrow the remaining driveways as they enter the public street. The advantage of
this alternative is that it provides less curb cuts than the original ten proposed,
and also provides adequate area (20 feet) in front of the driveway areas for
landscaping and screening.
The third alternative is to cluster four of the driveways into one curb cut and six
of the driveways into one curb cut for a total of two curb cuts. The advantage of
this is that there are less curb cuts than the second alternative. However, the
disadvantage is that there are large unbroken areas of asphalt in front of the six-
i unit building.
Staff would recommend utilization of the second alternative, which would provide for
three curb cuts, clustering four of the driveways into two curb cuts and narrowing
the third curb cut driveway.
7 7t/(1
Bluff Ridge Staff Report 3 September 23, 1983
The townhouse cluster in the southeast area of the site, which still accesses
directly to the public street, is treated by narrowing the driveways as they enter
. the public street. The Planning Commission may also consider removing two of the
units from this area to bring the total number of townhouse units down to 58, rather
than 60. Two less units in this area would allow more of a transition to the
property to the east and require one less curb cut to the public street.
Variances
For the cluster area, front yard setback variances would be necessary. Lot size
variances and maximum density variances would also be required. The setbacks are
not shown in a typical section, but would be 25 ft. from the public street for front
yard setback, 20 ft. for a rear yard setback all the way around the clusters, 5 ft.
from the garage common lot line and 10 ft. from the house common lot line within the
internal cluster.
Variances for the townhouse area would be for minimum lot size and side yard setback
for the common party walls. The garages are also anticipated to be platted on
individual lots and would require setback variances.
Landscaping
Proponent has submitted an overall landscaping plan. The Staff recommends, for the
cluster homes, that, in the area between clusters, additional major overstory trees
oe added. The landscaping plan will be reviewed specifically prior to building
permit issuance.
RECOMMENDATIONS:
The Planning Staff recommends approval of the Planned Unit Development District
Review and Rezoning from Rural to R1-9.5, with variances, RM-6.5, with variances,
and Preliminary Mat approval for 28 single family homes and 60 townhouses, subject
to the plans dated September 21, 1983, and brochure submitted with general overall
information, subject to the following:
1. Final resolution of the storm water drainage to the east and to the south.
2. Construction of the clusters according to the development plan submitted.
3. The overall landscaping plan and privacy fencing plan submitted, which shall
be subject to review and revision by City Staff.
4. Alternative #2 for providing access to the northeastern townhouse clusters
of ten units.
5. Removal of two of the townhouse units in the southeast area, increasing the
amount of buffer space to the eastern property.
•
6. Variances for the cluster homes for front yard setback, lot size, and lot
density. Double car driveways must be provided for all cluster units and
townhouses. Variances for the townhouses for lot size and setback.
7. The public road through the project must be platted with a right-of-way of
2241
Bluff Ridge Staff Report 4 September 23, 1983
60 ft., with a sidewalk along the north side.
8. Detailed plans for storm sewer, sanitary sewer, and water, must be submitted
to the Engineering Department for review and approval prior to final plat.
9. The proponent must submit an erosion control plan to the Riley-Purgatory
Creek Watershed District for their review and approval.
10. The Cash Park Fee shall be applicable to this project.
11. A five-foot wide concrete sidewalk shall be provided along the east side of
Franlo Road. Franlo Road shall be constructed to the project's southern
boundary.
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STAFF REPORT
TO: Planning Commission
FROM: Chris Enger, Director of Planning 1,
DATE: August 26, 1983
PROJECT: Bluff Ridge
APPLICANT: Mark Charles
FEE OWNER: Hustad Development
LOCATION: Southeast corner of Franco Road and County Road #1
REQUESTS: Comprehensive Guide Plan from Low Density Residential to Medium
Density Residential, Planned Unit Development Concept Approval for
27 small lot cluster homes and 62 townhomes on 16.2 acres, and
Planned Unit Development District Review and Rezoning from Rural to
R1-9.5, with variances, and RM-6.5, with variances, and Preliminary
Platting
REFER TO: Planning Staff Report of August 5, 1983
The proponent will be providing information and a presentation at Monday night's
meeting to substantiate the Comprehensive Guide Plan change from Low Density
Residential to Medium Density Residential.
The proponent has revised the layout plan to respond to suggestions and concerns of
the Planning Commission and Planning Staff. Since the concept of the plan similar
to the original, but the details are quite different, proponent has not had time to
provide specific information with regard to drainage and grading as would be
required for a preliminary plat and rezoning review. Therefore, he is requesting a
Comprehensive Guide Plan review and Planned Unit Development Concept review
according to the plans that he has submitted and revised. After the Planning
Commission's action on this request, proponent would provide additional information
necessary for the preliminary plat, zoning, and Planned Unit Development District
review.
The plan has been changed in the following areas:
1. The access to County Road #1 has been eliminated.
2. Access to the eastern property has been provided. •
3. The "across the street" relationship of single family homes to townhouses
has been changed.
4. The townhouses are clustered mostly around a single private road, traversing
east-west through the southern portion of the property.
22LI(0
Bluff Ridge Staff Report 2 August 26, 1983
5. The plan has been altered to save all of the significant oak and spruce
trees pointed out by the Planning Staff in their initial review.
6. A preliminary landscaping plan has been provided for the entire area, which
will be subject to Staff recommendation.
Planning Staff feels that the project, as modified, provides a good diversity of
housing type, and does not depend upon any one housing type being provided over a
large area of the site. With the modifications that have been made to allow saving
of the significant trees on the site, and with the changes made to the road system,
the Planning Staff would recommend approval of the Planned Unit Development, subject
to the Planning Commission finding the justification for Comprehensive Guide Plan
change acceptable.
•
2.2-41
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STAFF REPORT
TO: Planning Commission
FROM: Chris Enger
DATE: August 3, 1983
PROJECT: Bluff Ridge
LOCATION: The southeast corner of Franlo Road and County Road 1 in
southeastern Eden Prairie.
APPLICANT: Mark Charles
•
FEE OWNER: The Bluff Company
REQUESTS: 1. Comprehensive Guide Plan Change
2. Planned Unit Development Amendment
3. Planned Unit Development Review
4. Rezoning from Rural to R1-9.5 and RM 6.5 for 34'small lot
• single family homes and 52 townhomes
5. Preliminary platting of 16.2 acres
BACKGROUND
The Comprehensive Guide Plan designates this site as low density
residential. The underlying zoning is Rural. An Environmental Assessment
Worksheet will not be necessary for this site as it is previously covered
under the original 1977 Planned Unit Development for Bluff's East and West.
The property is not influenced by a flood plain or a shoreland area.
LAND USE j '
The rationale for the Comprehensive Guide Plan change from low density
residential to medium density residential is the fact that the site is
bounded on the north by an institutiional/church site and on the south by a
future neighborhood park. The developer is proposing a diversity of
architectural housing styles for a good socio-economic mix and variety of
housing opportunity. The utilities and streets in the area will be able to
accommodate the additional density. The density proposed is approximately
4 units per acre.
VARIANCES
` j
Variances will be required for lot size and setbacks for the cluster homes
and for zero lot line for the townhomes.
22yg1-
EXISTING SITE CHARACTER
The existing site is basically a knoll formation which slopes to the south
and east. The site is largely unvegetated with the exception of the very
northeastern third of the site which is a mix of box elder, oak, elm,
basswood and spruce trees. Aerial photographic study and field inspection
by City Staff has revealed that there are several areas of significant
vegetation within this wooded area which are not reflected on the site plan
specifically. These areas are shown roughly on Figure 1. The site plan
for the townhouse area should be modified to take advantage of, rather
than removing, the significant vegetation on the site. A tree inventory
denoting the exact location, size and species of the significant trees on
the site should be supplied by the developer and the townhouse portion of
the plat revised accordingly.
The soil on the site is basically sand is is conducive to development.
GRADING •
There is a fairly small amount of grading necessary on the site. The loop
road which serves the cluster homes and townhouses is basically laid in at
grade. The major grading on the site occurs in the townhouse loop. The
grade in the center of this private loop road is to be cut approximately
10' to accommodate the townhouses and there is some fill required at the
back of the townshouse lots to create the proper walkout slope.
The vegetation in the area of the townhouse loop is removed in order to
• accommodate the townhouse units. Approximately 50% of the vegetation on
the site is removed and almost 100% of the significant vegetation is
removed with this plan.
SITE PLAN
The proposal is a mix of pre-designed detached single family cluster homes
and four and six-unit townhouses which match architecturally. The concept
of cluster homes is very similar to the Centex/Westover project although
the individual units are a completely different design. The northern road
servicing the cluster homes is shown in the information supplied to the
Planning Copmmission as a private road, however the proponent has
redesigned the plat to accommodate a 32' wide public road within a 50' •
right-of-way at the request of the Planning Staff and this information will
be available to the Planning Commission. •
The drainage of the northern cluster lots is to be handled through a catch
basin system at the north end of each court which will drain to the north
and subsequently to the east to a holding pond. This holding pond will
inundate five mature oak trees and should be redesigned so as not to
adversely impact them. The proponent will be supplying a new drainage
plan which is more complete and accurate. This new drainage plan will also
provide more positive drainage for the cluster homes and single family lots
in the center of the project than is currently contemplated. Additional
storm sewer will be added on the northern road and on Franlo Road so that
no curb drainage will exceed 600'.
-2-
22.50
The typical landscaping shown for the courts in the development brochure
did not include any plant sizes. This deficiency should be rectified.
Critical areas for placement of significant plant material would be along
the street frontage to screen the parking court and along the street
frontage between the units where the backyards and private areas are very
close to the next unit.
The proponent has supplied new information which illustrates a different
treatment of the driveways of the townhouses fronting on the public street
along the southern portion of the project. These townhouses would each
have the option of a double garage but, in any event, would supply a double
driveway. These double driveways should narrow down to a width at the curb
cut with the street of no wider than 20'. The green space in between
driveways should be utilitzed for heavy landscaping to mitigate the impact
of the long buildings. The southern east-west public road may be a 28'
wide street as on-street parking probably will not be necessary, however
the northern public road should be a 32' wide road which would provide for
overflow parking from the court homes along one side.of the street.
TRANSPORTATION
Although the proponent had checked with Hennepin County on a preliminary
basis about the access to County Road 1, the Planning Staff has also
• checked with the County and the County Staff prefers not to have additional
access to County Road 1. Therefore, we would suggest that the link to
County Road 1 be eliminated and the project be served basically by a loop
from Franlo Road. The project should be redesigned to reflect this change
and the change in the townhouse units to save the oak and spruce trees.
The Planning Staff has evaluated a possible road connection to the east and
does not recommend one because it would have to connect with a private
drive and negotiate 20% slopes. The developer should investigate provision
of.a public road and grading to accommodate a connection, because of the
limited access available along County Road 1.
•
Franlo Road will have to be upgraded to the southern boundary of this
property with the constructin of this project. Franlo Road should have a
5'-wide sidewalk installed by this developer along the east side of Franlo !'
Road. There should also be a 5'-wide sidewalk along the outside of the
interior public loop road to service both the court homes and the townhouse
area. This loop sidewalk would come out to the sidewalk along Franlo Road.
The County requires an additional 17' of right-of-way be dedicated with •
this plat for the right-of-way of County Road 1. The developer is
proposing this change to the plat.
RECOMMENDATIONS
The Planning Staff would recommend that the project be returned to the
proponent for the following changes:
1. A tree inventory should be conducted of the oak, basswood, and
major vegetation on the site and the specific species, size and
location should be noted on a plan. This plan should then be
-3-
u�;l
is
1
utilized to revise the townhouse portion of the project to
the significant vegetation.
2. In the redesign of the plan the connection to County Road 1 should
be eliminated.
3. A detailed landscaping plan should be submitted denoting plant
sizes and showing detailed screening of the courtyards from the •
public street for the single-family detached courts and buffering
between units along the street frontage for additional privacy.
The landscaping plan should also show a very positive buffer to the
future church site to the north of the cluster homes proposed.
The landscaping should include heavy landscaping between the
townhouse units along the street frontage of the public street
along the southern portion of the project.
4. A sidewalk should be added along Franlo Road and along the exterior
of the public loop road which services this project. The sidewalk
should be concrete, 5' wide. •
5. A new drainage plan should be submitted to the Ctiy which
illustrates corrections to the original drainage plan as mentioned
in this report. 1.
6. The revised preliminary plat should show a 17'right-of-way
dedication to the County along Highway 1.
7. The developer should submit information which illustrates variety
of housing type and control of the development so that no homes of
the same type occur next to another identical type home.
8. The cash park fee would be applicable to this project.
9. The northern road should be 32' wide in a 50' wide public right-of-
• way. The front yard setback on this road will be 25'. Setbacks
all along Bluff Ridge Road should be 30'. 81uff Ridge Road may be
28' wide within a 50' right-of-way.
10. Townhouse driveways should be no more than 20' wide at the curb
line and cluster home driveways should not exceed 16' at the curb.
11. The holding pond should be redesigned so as not to adversely
impact the five oak trees in that area.
12. Double driveways will be required for all units. •
13. The developer should investigate the possibility of a public road
connection to the eastern property.
•
-4-
22-Si
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION f83-247
RESOLUTION APPROVING THE PRELIMINARY PLAT OF PAULSEN'S ADDITION
FOR DIRLAM DEVELOPMENT
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the preliminary plat of Paulsen's Addition for Dirlam Development, dated
September 26, 1983, of 21.6 acres for 41 single family detached lots, a copy of
which is on file at the City Hall, 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
, 1983.
•
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
•
2zS3
MEMORANDUM •
TO; Parks, Recreation and Natural Resources Commission
FROM: Bob Lambert, Director of Community Services-
DATE: September 6, 1983
SUBJECT: Supplementary
Staff
AReport
to the September 26 Planning Staff
Report
Paulsen
The Parks, Recreation and Natural Resources Commission should review the Planning
Staff Report regarding the existing site character and the proposed site develop-
ment plan.
Community Services Staff concur with the Planning Staff Report recommending a 5'
wide concrete sidewalk to be placed on the north side of Liv Lane tieing that
sidewalk into the sidewalk proposed along that same street extension_in Apple
Groves Development. Community Services Staff also concur with the 5' concrete
( sidewalk to be placed along the west side of Paulsen Drive, and within the 10'
easement between Block 2, Lots 9 & 10 to provide access to Hidden Ponds Park.
Hidden Ponds Park located directly west of this development will provide the
neigborhood park services for this development. Pedestrian and bicycle access
is also provided to Round Lake Community Park via Valley View Road from this
development.
The Planning Commission has reviewed and approved this development proposal as per
the Planning Staff Report. The Community Services Staff recommend approval as per
the September 26 Planning Staff Report. •
BL:md
. 2ZSq
STAFF REPORT
TO: Planning Commission
FROM: Stephen Sullivan, Assistant City Planner
THROUGH: Chris Enger, Director of Planning
DATE: Sept. 26, 1983
PROJECT: PAULSEN ADDITION
LOCATION: South of Valley View Road and Park View Lane
APPLICANT: Dirlam Development •
FEE OWNER: Martin Paulsen
REQUEST: 1. Zoning District change from Rural to R1-13.5 and R1-9.5
2. Preliminary plat of 21.6 acres for 43 single family lots
BACKGROUND
( The Comprehensive Guide Plan designates this site as low density residential.
The underlying zoning is Rural.
EXISTING SITE CHARACTER
The parcel is bordered to the north by R1-13.5 single family homes; to the
east the proposed Apple Grove's development; to the west Hidden Ponds Park;
to the south a small undeveloped property and Chicago Milwaukee St.Paul RR.
A home and several out buildings exist within the western portion of the
parcel. The homestead is proposed to be platted on a lot within the
subdivision.
•
The site consists of low rolling hills with slopes ranging from 5-35%. The
steeper slopes are located adjacent to a centrally located marsh area. A
majority of the site drains to this wetland. The marsh is not considered
public waters. A portion of the storm water drains to an existing culvert
which lies under the adjacent railroad tracks.
•
The wetland is partially enclosed by several small wooded areas of varied
types and size trees. The trees west of the pond are mostly boxelder and elm.
This plant material is proposed to be removed with the filling of the area.
The significant trees to be lost are: 1 12" oak , 2 6" oak, 2% 12" ash,
and approximately 10 6-10" basswood.
225�
Staff Report-Paulsen Addition page 2
9/26/83
South of the pond approximately one-half acre of 6" ash, birch and oak
is proposed to be removed with the development of a cul-de-sac and 3 lots.
The mature trees located adjacent to the pond within this area will
remain undisturbed. Anapple orchard lies north of the existing home.
A portion of these trees will be lost with development. The south and
western areas of the parcel are in meadow grasses.
The Hennepin County Survey indicates soils suitable for development as
proposed. The wetland area soils are poorly drained with unsuitable
bearing capacities for residential development.
•
ORDINANCE REQUIREMENTS
All lots meet or exceed the minimum lot size, lot width, lot depth, front
yard setback, rear yard setback and side yard setback.
The gross density is 2 units per acre.
The lots adjacent to the railroad track meet the 150 foot minimum depth
requirement.
SITE PLAN
The proposal is for 1 outlot, 33 R1-13.5 and 10 R1-9.5 single family lots.
The intent of outlot A is to allow the existing single family homes located
northeast of the proposal the opportunity to buy additional property up to
the pond. If the adjacent property owners have no interest, the outlot will
be incorporated as a part of Block 3, lot 6 at the time of final platting.
The ten R1-9.5 lots are proposed north of the railroad tracks. Directly
across the street from the proposed R1-9.5 lots are 6 R1-13.5 lots. The
frontage and sideyard setback requirements for the R1-9.5 district would
create a conflict with the adjacent R1-13.5 large single family lots. •
The deletion of two lots would provide adequate area to plat the lots
south of Liv Lane to the R1-13.5 District.
Access to the parcel is off Valley View Road, directly across from Valley
View Road cul-de-sac. Proposed Paulsen Drive continues south to the ;
southern property line where the future extension would work well for
development of the adjacent parcel. Liv Lane intersects with Paulsen
Drive and continues east tying into the proposed Apple Grove subdivision.
Two cul-de-sacs are planned in the northeast and southwest sections of
the parcel. The perpendicular alignment of the southwest cul-de-sac
shall be revised to conform to the tear drop cul-de-sac design standard.
The volume of traffic generated by the project can be handled by the
adjacent road system. /,
2S
•
Staff8Report- Paulsen Addition page 3
The grading plan indicates a majority of the cuts and fills being 2-4 feet
thus maintaining the topographic character of the property. Filling up to
16 feet is proposed along the west edge of the marsh area. A uniform 3:1
slope, with an average vertical drop of 12 feet, over a 380 foot span is
proposed. This filling provides adequate area for additional building pads
along Paulsen Drive. Road grades average 2% . A 7% grade is proposed on
Liv Lane where it intersects with Paulsen Drive. No landing pad is provided.
•
Storm water is caught in catch basins located in the road and piped to the
marsh. Three piped inlets are proposed. The inlets shall be extended to the
ordinary high water mark of the pond. A storm water outlet is proposed
tying drainage from the existing wetland to the ponds within the Apple
Grove development and eventually outletting to Round Lake.
A 20 foot utility easement shall be placed over the storm water inlets
and outlets for maintenance and access of the pond area. The existing
culvert under the railroad tracks is utilized for a small amount of
overland drainage from the proposed lots south of Liv Lane. Water service
ties to the existing main located along Valley View Road. Water service
is proposed along the street right-of-way stubbing to the vacant south
property and tying into the proposed water main in the Apple Grove development.
Sanitary sewer is proposed within the right-of-way of the proposed streets
and depends on the development of the adjacent Apple Grove's sanitary sewer
line to complete the system. It will be necessary to continue the sanitary
sewer main to the south property line and size the pipe allowing additional
capacity for the future development of parcels west and south of the proposed
site.
No pedestrian paths are proposed. Staff recommends that a 5 foot wide concrete
sidewalk be placed north of Liv Lane and along the west side of Paulsen Drive.
In order to allow access to the adjacent park, a 10 foot easement with a
5 foot wide concrete sidewalk shall be placed between block2, lots 9 and 10.
•
Hidden Ponds Park lies west of the proposed development. The existing
facilities include a tennis court, multi use court, totlot, skating rink,
playfields and parking lot. . •
•
ZZSq
Staff Report-Paulsen Addition page 4
9/26/83
RECOMMENDATIONS
Staff recommends approval of the zoning district change and preliminary plat
for the Paulsen Development subject to the following:
1. Prior to City Council review, the proponent shall:
a. revise the request adjacent to the railroad tracks to
eight 90 foot wide lots to be zoned R1-13.5.
b. revise the southeast cul-de-sac per Engineering Department
tear drop cul-de-sac design.
c. revise the plat for block 3, lots18 &19 allowing adequate space
for a 20 foot utility/access easement.
d. extend the storm water inlets to the ordinary high water mark of
the marsh.
e. revise the site plan placing a 5 foot wide concrete sidewalk
along the north side of Liv Lane and the west side of Paulsen Drive.
f, place a 10 foot trail easement between block 2, lots 9 & 10 for
the construction of a 5 foot wide concrete sidewalk to the park.
g. submit detailed erosion and slope treatment plans showing sodding
with stakes along the proposed slope located west of the marsh.
h' revise the grading plan softening the contours along the south edge
of the proposed slope located west of the marsh.
i. revise the grading plan placing a landing pad on Liv Lane at the
Paulsen Drive intersection.
2. Prior to Final Plat, the proponent shall:
a. replat outlot A into a lot.
. b. place an easement over the marsh area per Engineering Department
recommendations.
c. place a 20 foot utility/access easement over the storm water inlets
and outlets to the existing marsh.
d. extend the sanitary sewer line to the south property line at a location
/ approved by the Engineering Department.
e. submit detailed water, sanitary and storm water plans to the Engineering
Department for review and approval.
f. receive Watershed District approval.
3. Prior to Building permit issuance, the proponent shall:
(
•
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•
MEMORANDUM
TO: Parks, Recreation and Natural Resources Commission '
FROM: Bob Lambert, Director of Community Services
3
DATE: October 6, 1983 +
SUBJECT: Supplementary lem
aFStaff BankReport
rtito the Planning Staff Report September
3
r
a
The only Parks, Recreation and Natural Resources issue for this proposal is the
trail system. The September 23 staff report refers to pedestrian traffic being
accommodated via a S' sidewalk along Prairie Center Drive. Along all of the new
sections of Prairie Center Drive an 8' asphalt bikeway is being constructed along
the "inside" side of the road. On portions of Prairie Center Drive south of 494
and Highway S a concrete sidewalk is also proposed on the "outside" side of the
• road.
The Community Services Staff would recommend that an 8' asphalt hikeway/bikeway
be developed adjacent to Prairie Center Drive in lieu of the 5' concrete sidewalk
proposed. .
Community Services Staff would recommend that all interior pedestrian systems
within specific developments be concrete•sidewalks.
BL:md
I
STAFF REPORT
TO: Planning Commission
• FROM: Stephen Sullivan, Assistant City Planner.
THROUGH: Chris Enger, Director of Planning
DATE: September 23, 1983
PROJECT: First Bank Edina
LOCATION: Prairie Center Drive and Franlo Road
APPLICANT
FFEE OWNER: First Bank Edina
•
REQUEST: Site Plan Review and Zoning District Amendment for a Drive-through
Banking Facility
Background
The- parcel is part of a 1978 Planned Unit Development, which designates the
development of the property for a bank land use. The property is platted as a lot
within the Eden Prairie Center 3rd Addition.
The Guide Plan depicts the site as Community Commercial; existing zoning for the
parcel is Regional Commercial Service.
Existing Site Character
The site has been graded, sloping from northeast to southwest at 5-12% grades. The
soils are conducive for development.
Meadow grasses cover the property, offering no significant wildlife value.
Ordinance Requirements
The project meets or exceeds the City Code requirements for minimum lot size, lot
width, lot depth, front yard setback, side yard setback, rear yard setback, floor
area ratio, and height of structure. Access drives are proposed within the side and
rear yard setbacks, as approved by the Planned Unit Development.
The number of parking stall proposed is 16, exceeding the Code requirement by 8
spaces.
The proposed landscape plan does not effectively screen parking from Prairie Center
Drive. Additional evergreen plantings, reflecting the Eden Prairie Center planting
scheme, will be necessary along Prairie Center Drive.
Mechanical equipment is proposed to be placed within the building, and not on the
( roof.
241
First Bank Edina Staff Report 2 September 23, 1983
A pylon sign is proposed within the southwest corner of the property. Detailed
signage information has not been provided.
'No information has been provided for parking lot lighting. All lighting should be
down-lighting, with cut-off luminars.
Site Plan
A 1,000 sq. ft. bank is proposed on a 98,000 sq. ft. lot. The building, drive-
through, and parking are located within the eastern one-half of the parcel. It is
feasible that additional future development could occur within the remaining portion
of the property.
Access to the bank site is via two joint drives off Prairie Center Drive and Franlo
Road access to Eden Prairie Shopping Center. The access off Prairie Center Drive is
a right-in and right-out only. No median cut is proposed. High volumes of traffic
are expected along Prairie Center Drive with the development of the surrounding
areas. A deceleration lane or taper, with a triangular island at the intersection,
is necessary. (See Figure #1) A median cut is provided at the Franlo Road entrance
drive. The access allows right-in, right-out, and left-in. A left-out situation is
not provided.
Pedestrian traffic is accommodated via five-foot wide sidewalks located along
Prairie Center Drive and Franlo Road entrances.
i t
fhe grading plan indicates a minimal amount of grading.
Storm water is collected by catch basins located in the parking lot and west access
drive. Sanitary sewer ties to an existing main located along the Eden Prairie
Center's interior ring road. The site plan shows water tying to a main along the
Franlo Road entrance. The water main should be extended to the west property line
connecting to the future development of the western parcel. The water service then
would tie back to a main along the interior ring road, providing a looped system.
This looping of the water main was approved in conjunction with the initial Planned
Unit Development.
The proposed exterior finish is cedar and glass. A metal facia encircles the top
four feet of the structure. The cedar finish exceeds the 25% allowable coverage
allowed by Code. Staff recommends that the structure be in brick, compatible with
the adjacent Eden Prairie Center stores and the proposed Target store. Continuity •
in architectural treatment and landscaping will provide the visual harmony and
maintain the quality development achieved with the Eden Prairie Center.
RECOMMENDATIONS:
Staff recommends approval of the site plan review and zoning district amendment,
subject to the following conditions:
1. Prior to City Council, the proponent shall:
a. Provide detailed information to the Planning Department for parking
lot lighting and signage.
22(v2
•
•
First Bank Edina Staff Report 3 September 23, 1983
ti
b. Revise the site plan per Engineering Department requirements,
placing a taper deceleration lane and triangular island in the
location of the Prairie Center Drive access:
•
c. Revise the utility plan per Engineering Department recommendations,
extending the water main to the west property line.
d. Change the exterior material from cedar to brick.
e. Revise the landscape/screening plan to:
-Screen the parking area
-Screen the drive-through area
-Reflect and compliment the adjacent Eden Prairie Center landscape
scheme.
2. Prior to building permit issuance, proponent shall:
a. Submit maintenance and cross easement agreement information dealing
with the construction and use of the joint access drives.
b. Submit utility agreement and easement information to the City for _
review and approval.
c. Submit detailed information regarding water, storm and sanitary
sewer to the Engineering Department for review and approval.
d. Receive Watershed District approval.
e. Submit a detailed landscape/screening plan, bond, and contract to
• the Planning Department for review and approval.
f. Pay the required Cash Park fee.
•
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OCTOBER 18,1983
1C. ALLWEATHER ROOF COMPANY REPAIR CITY HALL ROOF 19500.00
10033 MENARDS LUMBER-PARK MAINTENANCE 315.70
10084 PAUSTIS & SONS WINE 244.80
10085 INTERCONTINENTAL PCKG WINE 382.73
10086 GRIGGS COOPER & CO INC LIQUOR 3724.09
10D87 CAPITOL CITY DISTRIBUTING WINE 140.74
10088 JOHNSON BORTHERS WHOLESALE LIQUOR 3060.55
1D089 PRIOR WINE CD WINE 138.20
10090 TWIN CITY WINE CO WINE 1280.78
10091 EAGLE WINE CO WINE 1050.80
10092 QUALITY WINE CO WINE 1917.85
10093 M BRISTOW REFUND-DOG OBEDIENCE CLASSES 17.00
10094 DEBRA KRATZ REFUND-DOG OBEDIENCE CLASSES 17.00
10095 J D CRISSINGER REFUND-KARATE CLASSES 27.00
10096 PAT OLSON REFUND-EXERCISE CLASSES 19.80
10097 NATIONAL RETAIL MERCHANTS ASSOC BOOK-ASSESSING DEPT 37.50
10098 U S POSTMASTER POSTAGE-POLICE DEPT 300.00
10099 SUPPLEES 7 HI ENTERPRISES OCTOBER RENT 3432.39
13432.39 i
10100 FEDERAL RESERVE BANK PAYROLL 9/30/83 8816.89
10101 COMMISSIONER OF REVENUE PAYROLL 9/30/83 38816.89
10102 DEPARThENT OF EMPLOYEE RELTNS PAYROLL 9/30/B3
10103 BRUCE ENDLINE REFUND-LIQUOR RETURN 460.09
10104 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 9/30/83 65.00
10105 AETNA LIFE INSURANCE PAYROLL 9/30/83 108.00
1 '6 GREAT WEST LIFE ASSURANCE PAYROLL 9/30/83 3197.00
1. J7 UNITED WAY OF MINNEAPOLIS PAYROLL 9/30/83 71.50
10108 PER A PAYROLL 9/30/83 14334.80
10109 FRONTIERSMAN AMMUNITION-POLICE DEPT 5.50
10110 JAN SHUBERG REFUND-EXERCISE CLASSES 2 . 5
9.25
10111 DON HESS REFUND-EXERCISE CLASSES 1122.65
10112 SOUTHWEST TRAILS SNOWMOBILE SNOWMOBILE TRAILS 57.00
10113 BILL HORNIG EXPENSES-BUILDING DEPT 731.00
10114 MEDICINE LAKE LINES SENIOR CITIZEN TRIP TO WABASHA77.35
10115 STEVE SINELL EXPENSES-ASSESSING DEPT 15.00
10116 NATIONAL REGISTRY OF EMT FEE-POLICE DEPT
10117 UNIVERSTIY OF MINNESOTA REGISTRATION FEE-ASSESSING DEPT 15.00
10118 JUNE HANSON SCHOOL-ASSESSING DEPT 17.50
10119 MINNESOTA DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATION 10.00
10120 EO PHILLIPS & SONS CO LIQUOR 9530.61
10121 QUALITY ;,INE & SPIRTS CO WINE 1464.77
10122 INTERCONTINENTAL PCKG CO WINE 222.63
10123 GRIGGS COOPER INC LIQUOR 1906.35
10124 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 1560.80
10125 TWIN CITY WINE CO WINE 533.24
10126 AMERICAN BELL SERVICE-P/S BUILDING 23.00
10127 MARY PERKINS REFUND-KARATE 81.00
10128 UNIVERSITY OF MINNESOTA SCHOOL-ASSESSING DEPT 15.00
10129 SUBURBAN UTILITIES CONFERENCE-WATER DEPT 40.00
(10130 CHRIS CHINANDER REFUND-GUITAR CLASSES 16.00
31 CH;:RI HILLSIDE REFUND-EXERCISE CLASSES 9.255
.v132 MELISSA MO1RENWEISER REFUND-BABYSITTING CLASSES 2.00
10133 BEER WHOLESALERS INC BEER 4565.95
10134 CAPITOL CITY DISTRIBUTING BEER 531.70
10135 CITY CLUB DISTRIBUTING CO BEER 4007.9!i
10136 CDCA-COLA BOTTLING CO MIXES 706.25
14057062 22-671/
10137 DAY DISTRIBUTING CO BEER 3357.52
10138 EAST SIDE BEVERAGE COMPANY BEER 6491.27
1C KIRSCH DISTRIBUTING CO BEER .333.10
10,,u A J OGLE CO INC BEER 1087.55
10141 PEPSI COLA BOTTLING CO MIXES 269.50
10142 ROYAL CROWN BEVERAGE CO MIXES 162.55
10143 PEPSI COLA BOTTLING CO MIXES 232.50
10144 THORPE DISTRIBUTING CO BEER 9625.90
10145 BARBAROSSA & SONS SERVICE-CITY WEST PARKWAY 15553.15
10146 FIRST STATE BANK OF SPRING LAKE SERVICE-EDENVALE BOULEVARD 16304.57
10147 G L CONTRACTING INC SERVICE-HOMEWARD HILLS ROAD 33207.05
1014B G & L CONTRACTING INC SERVICE-RYMARLAND CAMP 3RD ADDITION 13914.17
10149 F F JEDLICKI INC SERVICE-WATERMAIN ON COUNTY ROAD 67 14353.07
10150 RICHARD KNUTSON INC SERVICE-VALLEY VIEW ROAD/PRAIRIE CENTER DR 133643.63
10151 RICHARD KNUTSON INC SERVICE-ARBON GLEN UTILITY 9384.77
10152 NORTHDALE CONSTRUCTION CO SERVICE-PRAIRIE CENTER DRIVE 199311.64
10153 NORTHDALE CONSTRUCTION CO SERVICE-LAVONNE INDUSTRIAL PARK 96792.71
10154 ORFEI & SONS INC SERVICE-LORENCE 1ST & 2ND ADDITIONS 33189.04
10155 PROGRESSIVE CONTRACTORS INC SERVICE-TECHNOLOGY DRIVE & MITCHELL ROAD 160903.06
10156 SHAFER CONSTRUCTION CO INC SERVICE-PRAIRIE CENTER DRIVE 174B66.69
10157 SHAFER CONTRACTING CO INC SERVICE-PRAIRIE CENTER DRIVE 445901.17
1015E A TO Z RENTAL CENTER SOD CUTTER RENTAL-STREET DEPT 16.00
10159 ACRO-MINNESOTA INC OFFICE SUPPLIES 241.26
10160 ALDY GRAPHIC SUPPLY INC SUPPLIES-PLANNING DEPT 64.31
10161 AMERICAN FORESTRY ASSOCIATION DUES-FORESTRY DEPT 15.00
10162 AMERICAN LINEN SUPPLY CO MOPS/DUSTERS-LIQUOR STORE 8.B5
10163 AMERICAN WATER WORKS ASSOCIATION FILM RENTAL-WATER DEPT 15.00
l EARL F ANDERSEN & ASSOCIATES INC PARK SIGNS 454.35
1D1b5 APPLE VALLEY RED-E-MIX INC CONCRETE-STREET DEPT 73.58
10166 AQUATROL DIGITAL SYSTEMS REPAIR WELL #5 CIRCUIT-WATER DEPT 133.50
10167 ASSOCIATED ASPHALT INC BLACKTOP-STREET DEPT 4104.22
10168 ASTLEFORD EQUIPMENT CO INC ADAPTER/KIT-STREET DEPT 86.36
10169 BALDWIN COOKE COMPANY OFFICE SUPPLIES-MANAGER 20.45
10170 THOMAS G BLAZINA MILEAGE-BUILDING DEPT 9.25
10171 BRAUN ENGINEERING TESTING INC -SERVICE-CARDINAL CREEK 3RD ADDITION/ 5360.13
-LAVONNE INDUSTRIAL PARK/TECHNOLOGY DRIVE/
PRAIRIE CENTER DRIVE/HOMEWARD HILLS ROAD
10172 ANDREA BROSCH RACQUETBALL INSTRUCTOR/FEES PAID 120.00
10173 BROWN PHOTO FILM PROCESSING-PLANNING & POLICE DEPT 141.15
10174 BRYAN ROCK PRODUCTS INC ROCK 4536.05
10175 KATHY BURNS REFUND-MEMBERSHIP FEE 10.50
10176 BUTCHS BAR SUPPLY SUPPLIES-LIQUOR STORES 220.40
10177 CHANHASSEN BUMPER TO BUMPER -SERVICE-HOSES/DISC PADS/STOCK POLICE CARS 3774.90
-WITH WIPER BLADES/BEARINGS/POINTS/PLUGS
-BATTERIES/CARBURATOR KIT/FILTERS/BATTERY
-CABLE/GASKETS/FUEL PUMP/FAN BELTS/POWER
-STEERING FLUID/HEADLIGHTS/MINI LAMPS/OIL
SWITCIH/PLUG WIRES
10178 CHAPIN PUBLISHING COMPANY LEGAL AD-RAINBOW DRIVE 44.40
10179 COMMISSIONER OF TRANSPORTATION SERVICE-PRAIRIE CENTER DRIVE 42903.50
10180 COUNTRY CLUB MARKET INC SUPPLIES-CITY HALL 52.22
41 CUTLER-MAGNER CO QUICKLIME-WATER DEPT 5503.64
.? DALCO PLASTIC BAGS-COtMUNITY CENTER 104.50
10iO3 WARD F DAHLBERG OCTOBER EXPENSES 80.00
143697813
z10
}
10184 DAVIES WATER EQUIPMENT CO PIPE LOCATOR-WATER DEPT 1384.14
10185 EUGENE OIETZ SEPTEMBER EXPENSES 165.00
10186 CHARLES P DOWNER SOFTBALL OFFICIAL/FEES PAID 108.00
Y 7 DRISKILLS SUPER VALU SUPPLIES-COMMUNITY CENTER & SUNBONNET DAYS 195.60
.k.-,3 JOY A EASTMAN SEPTEMBER MILEAGE 52.40
10189 EDEN PRAIRIE CHAMBER OF COMMERCE DUES 200.00
10190 EDEN PRAIRIE TRASHTRONICS SEPTEMBER TRASH PICKUP 280.00
10191 C T ELIASON PAINTING & DECORATIN PAINTING-COMMUNITY CENTER 1697.56
10192 ELK RIVER CONCRETE PRODUCTS CULVERT-STREET DEPT 194.90
10193 JEFFREY ELWELL SEPTEMBER MILEAGE 90.00
10194 CHRIS ENGER SEPTEMBER EXPENSES 166.00
10195 DARLENE FALLESA REFUND-SWIMMING CLASSES 1.75
10196 FEED-RITE CONTROLS INC SULFATE-WATER DEPT 8825.60
10197 FINE LINE PRODUCTS INC REFUND-BUILDING PERMIT 45.37
10198 FIRST TRUST ST PAUL BONO PAYMENT 72725.00
10199 FITNESS STORE EQUIPMENT PARTS-COMMUNITY CENTER 14.00
1020D FLOOR CARE SUPPLY CO CLEANING SUPPLIES-COMMUNITY CENTER 86.05
10201 FLOYD SECURITY SERVICE-LIQUOR STORE 5.00
10202 JAN FLYNN SEPTEMBER MILEAGE 53.50
10203 G& K SERVICES TOWELS/JACKETS 92.00
10204 G L CONTRACTING INC SERVICE-OVERLOOK TRAIL 679.00
10205 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES 41.86
10206 GLENROSE FLORA & GIFT SHOP FLOWERS-CITY COUNCIL 46.85
10207 GLIDDEN PAINT PAINT-PARK MAINTENANCE 164.64 i(
10208 B F GODDRICH TIRE CENTER 22 TIRES-EQUIPMENT MAINTENANCE 1088.08
10209 DALE GREEN CO SOD-WATER DEPT 186.00
10210 GUNNAR ELECTRIC COMPANY INC SERVICE-P/W & PARK BUILOING 88.38
10911 BILLY HACKFELD REFUND-SWIMMING CLASSES 13.00 {
? KAREN HARRIS EXERCISE CLASS INSTRUCTOR/FEES PAID 6.40
Gc13 RICKY HECKER REFUND-SWIMMING CLASSES 8.00 ,
10214 DIRECTOR OF PROPERTY TAXATION 2ND HALF OF PROPERTY TAXES 6483.54
10215 HENNEPIN COUNTY TREASURER EQUIPMENT RENTAL-FORESTRY DEPT 3754.05 6
10216 HOPKINS PARTS COMPANY TURN BRAKE DRUM & ROTOR-EQUIPMENT MAINT 38.30
10217 INDEPENDENT SCHOOL DIST #272 -SEPTEMBER CUSTODIAL SERVICE/BUS SERVICE- 2316.50
DAY CAMP
10218 J & R RADIATOR CORP RADIATOR REPAIR-SQUAD CAR 23.00
10219 DIANE JOHNSON REFUNO-MEMBERSHIP FEE 10.50
10220 CARL JULLIE SEPTEMBER EXPENSES 91.59
10221 JUSTUS LUMBER CO LUMBER-STARING LAKE PARK 642.12
10222 KARULF HAROWARE INC -CONCRETE/SHOVEL HANDLE/PIPE/KEYS/HOSE/HOE 822.07
-RAKES/TORCH/TURF BUILDER/STRING/BATTERIES 1
-PLASTIC/TAPE/PAINT THINNER/SMALL TOOLS/
-SPRAY PAINT/CHAIN/SHOP LIGHT/BOLTS/
-SHOVELS/NAILS/LATEX PAINT/TACKS/CLAMPS/
-LUMBER/GREASE/SCREWS/PAPER TOWELS/CAULK/
SANOPAPER
10223 KEYS WELL ORILLING CO BACKWASH PUMP #2-WATER OEPT 2216.99
10224 KOHLER MIX SPECIALTIES CONCESSION STAND SUPPLIES-ROUNO LAKE PARK 122.40
10225 KRAEMERS HOME CENTER POST HOLE DIGGER/BOLTS-WATER DEPT 54.1B
10226 JEAN KRAFT REFUNO-WATER EXERCISE 6.00
10227 BOB LAMBERT OCTOBER EXPENSES 67.25
10228 LANCE SUPPLIES-LIQUOR STORES 19.20
I ^9 LANG PAULY & GREGERSON LTD JUNE LEGAL SERVICE 12879.63
. ' LEEF BROTHERS INC RUGS/OUSTMOPS/COVERALLS 477.09
11872849
1866.49
10711 LOGIS SEPTEMBER CHARGES 100.0064
EQUIPMENT-NEW DUMP TRUCK 209.60
1r MANPOWER EQUIPMENT INC TEMPORARY HELP-PLANNING DEPT 25.00
1034 MANPOWER INC TOWING SERVICE 66.00
10234 MCFARLANESM AUTO INCVICE INC CONCRETE-PARK MAINTENANCE 156.80
10235 RI /J IN FORMS-BUILDING DEPT 36.00
10236 JUDYDITEYE GRAPHICS REFUND-SWIMMING CLASSES
10237 MIDWEST MEYERS 8951.0934.65
10238 MILLER/DAVIS ASPHALTCORPORATION FORMS-ASSESSING DEPT 8.00
1023910240 NNISCOMPANYAREA FILM RENTAL-COMMUNITY CENTER g1.00
MINNESOTA BAR S CHAPTER SUPPLIES-LIQUOR STORES 42.620
10241 MINNESOTA SUPPLY INCI SERVICE 52. 2
102423 MINNESOTA GAS COMPANY HOCKEY NETS & SUPPLIES-COMMUNITY CENTER 210.004
10244 MINNESOTA RECREATIONECEATUON INC12.00 10244 MINNESOTA & PARK ASSOC SUBSCRIPTION-MANAGER
PAID 29.68
10245 MINNESOTA SOCIETY WASHER/DISTRIBUTOR CAP-PARK MAINTENANCE 29.68
10247 MINNESOTA TRE INC TREES-WATER DEPT 5343.80
10247 MINNESOTA TREE INC -P/W & 00.00
10248 MINNESOTA VALLEY WHOLESALE INC ROCK-MILLERTREE SPRINGUILDING 75.00
10249 WM MUELLER & SONS NNC4.61
1C250 NATIONAL RECREATION & PARK ASSOC DUES-COMMUNITY SERVICES • 7762.02
10251 NORTHERN STATES POWER COMPANY SERVICESERVICE
10252 NORTHERN NKT POWERNBOND PAYMENT 841048.3504 .35
10253 NORWEST BANK MPLS N ASERVICE 3277.91
10254 NORTHWESTERN BELL TELEPHONE INSTRUCTOR-EXERCISE CLASS/FEES PAID 18.00
102556 PATRICKARTS APM SOFTBALL OFFICIAL/FEES PAID 18.00
^^S7 WI PEREZEZ SOFTBALL OFFICIAL/FEES PAID 18.00
;7 NNIE LPETERS SEPTEMBER MILEAGE 36.007
102.59 CONNIE L S SEPTEM8ER MILEAGE 236.00
10259 TH PNEUMATIC
OIL FILTERS/COMPRESSOR HEAD-COMMUNITY CTR 65
102601 MER CONTROLSIN INC TROPHIES-SOFTBALL 257.00.69.80
10262 PRECIS LONG COUO NEC 2457.84
10262 PRECISION BUSINESS SYSTEMS INC REPAIR SERVICEHEADSET-COMMUNITY CENTER 235.00
10263 JACK
DYNAMICS SOFTBALL OFFICAL/FEES PAID 145.7030
10264 JACK A PECIJ SHARPEN ZAMBONI BLADES-COMMUNITY CENTER4.9S
10265 R & R SPECIALTIES INC TOOL-EQUIPMENT MAINTENANCE 74 .9S
10266 DAVID RAQUET 3 WEED TRIMMERS-PARK MAINTENANCE 29004.82
102678 REEDS SALES & MULLICE
10268 RIEKE-CARROLL HULLER ASSOC INC RYMARLAND CAMP R33RDIADDN/LLAVVONNEOINDLPARK/ .
-MITCHELL ROAD/WATERMAIN DN CTY ROAD 67/
PRAIRIE CENTER DRIVE 212.38
10269 MRS ALEC RUTH STAKES-ENGINEERING DEPT 1212.3�.
1D270 STS CONSULTANTS LTD SERVICE-PRAIRIE CENTER DRIVE 311.3^
ADS-SUNBONNET DAYS & LIQUOR STORES 209.2E
10271 SAILOR NEWSPAPERS ESC PORTABLE RESTRODMS 1651.00
10272 SATELLITE INDUSTRIES INC UTILITY BILL OVERPAYMENT 642.24
10273 RICHIRDER CONST SERVICE-STARING LAKE PARK 00.00
10274 SHARON
SELANDER HEIR WEBER REFUND-SWIMMING CLASSES 412.00
10275 -BODY REPAIR/CHECK TRANSMISSION/PUMP/HOSE/
10276 SHAKOPEE FORD INC TAIL LIGHT-EQUIPMENT MAINTENANCE 619.7:
`?77 W GORDON SMITH CO -BELTS/GREASE/HYDRAULIC FLUID/BRAKE PARTS
PIPE/MUFFLER/CABLE SET/FUEL PUMP 22.50
10278 SOUTHWEST SUBURBAN PUBLISHING INC EMPLOYMENT AD 1196.50
10279 SOUTHWEST SUBURBAN PUBLISHING INC LEGAL ADS
91133274 .
1
3
1
10280 SOUTHWEST SUBURBAN PUBLISHING INC ADS-LIQUOR STORES 327.42
10281 KIM STETTER REFUND-WATER EXERCISE CLASSES 3.00
10282 SUBURBAN CHEVROLET -BRAKE PRO?ORT10'+ING VALVE/WIPER MOTOR & 151.25 s
WASHER PUMP/CARBURATOR KIT-EQUIP MAINT
1c,cd3 SULLIVANS SERVICES INC PUMP TANK-RESEARCH ROAD 50.00
10284 SUPPLEE ENTERPRISES INC SUPPLIES-KIDS KORNER & LIQUOR STORES 23.72
10285 NAOMI SUTCLIFF REFUND-SWIMMING CLASSES 60.0010.00
10286 TOWN & COUNTRY PEST CONTROL CO SERVICE-SENIOR CENTER
10287 TRACY OIL CO INC UNLEADED GAS-STREET DEPT 8680.00
10288 TWIN CITY OXYGEN CO OXYGEN-WATER DEPT 3.90
10289 TWIN CITY PRICING & LABEL INC LABELS-LIQUOR STORE 353.61
10290 MARISA VINELLA REFUND-SWIMMING CLASSES 11.00
10291 VOID OUT CHECK 0.00
10292 WATER PRODUCTS COMPANY CURB BOX PARTS-WATER OEPT 110.45
10293 WEED KING SERVICE-CUTTING WEEDS 96.00
10294 WILEY APPRAISAL INC APPRAISAL REPORT 500.00
10295 XEROX CORPORATION SERVICE 1487.03
10296 ZACKS INC CHAIN-EQUIPMENT MAINTENANCE 189.00 ( ,
10297 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-STREET DEPT 15.85
11)298 BUDGET PLUMBING CORP PLUMBING-STARING LAKE BLDG 3000.00
10299 LINHOFF COLOR PHOTO LABORATORY SLIDES-PLANNING DEPT 6.50 -:.
10300 PAT HECKER REFUND-EXERCISE CLASSES 21.00 -
1509973 S2622709.71
•
•
•
221()
October 18, 1983
.sh Disbursements by Fund Number •
10 GENERAL 162716.60
11 CERTIFICATE OF INDEBT 899. 85
15 L/5 FR?.IRIE VILLAGE MALL 38606. 90
17 L/3 PRESERVE 25420. 86
30 CASH FARK FEES 140247.35
31 PARK ACOUIST & DEVELOP 12188. 59 •
33 UTILITY BOND FUND 51389.96
36 P/3 & P/W BOND FUND 14956. 96
45 UTILITY DEBT FUND ARE 164862.50
51 IMPROV CONST FUND 197965. 26
52 IMPROVE DEBT FUND 255695.00
56 ROAD IMPROVE DEBT FUND 352948. 50
57 ROAD IMPROV CONST FD 160903.06
73 WATER FUND 23545. 62 •
77 SEWER FUND 45.75
81 TRUST & ESCROW FUND 5600. 47
87 COMMUNITY DEVELOP BLOCK G 323.75
?0 TAX INCREMENT CONST FUND 1015191. 21
52622709 .71
{
ti
•
MEMORANDUM
TO: Mayor and City C.:Iun,:il
Director of Community Se 1 '
L
�
THRU: Bob Lambert, , j
FROM: Sandy Werts, Recreation Supery \
DATE: October 13, 1983 • ' .
SUBJECT: Phase II Restoration of Cummins-Grill Homestead - Approval of Quotes
Quotes were reviewed on Tuesday, October 11, 1983 for Phase II of the Cummins-Grill
Homestead restoration. This phase included tuck pointing the brick, restoring the
windows, storms and screens, restoring the doors, and painting window, door and roof
trim.
The budget for this phase was $17,000. The funding for this work is primarily from
an $8,500 Federal Jobs Act Grant. The 50% match will be made with a $3,000 grant
from the State Historical Society, a $3,000 grant from the Eden Prairie Foundation
' for window restoration, and $2,500 in volunteer and in-kind labor. Of the total
budget, $1,600 is the architect fee and $2,500 will be in voluntary and in-kind labor
to demolish the porch on the east side of the house and to paint. This left $12,900
for the contractual portion of the project.
As the project estimates were below $15,000, contractors were requested to submit quotes
for the work. Quotes were submitted by HOBCO, Inc. and Merle Nordeen Construction, Inc.
These quotes were: i
HOBCO $20,036 with a $4,725 deduction total - $15,311
Nordeen $22,039 - deduction of $3,252 total - $18,787
The original deduction includes standard storm and screen window sash material
(pine 1 1/6"), dark colored aluminum screen, and double strength glass. Painting of
storms and screens will be by owner.
The architect suggested that work on the cold storage room, off the kitchen addition,
be eliminated as the brickwork is so poor that it needs complete replacement. Staff
agreed to this and the architect asked the contractor to resubmit their quotes to see
if the budget could be met. The new quotes were:
HOBCO $12,900
Nordeen $16,087 •
Staff recorunends approval of H0BC0's bid and authorization to proceed with the work.
The grant stipulates that work begin prior to January 1, 1984.
SW:md
Z21Z
GENERAL CONTRACTORS y,
6209 BALDER LANE•MINNF:POLIS, MINNESOTA 55435•TELEPHONE 612/920-3317 ¢¢
October 7, 1983
y
Stu MacDonald
MacDonald & Mack Partnership
215 Grain Exchange Building
Minneapolis, Minnesota 55415
Dear Mr. MacDonald:
We propose to provide all necessary labor and material for the
Restoration of the Cummins-Grill House Phase II, as indicated on
the drawings by MacDonald and Mack Partnership, for the sum of:
Twenty thousand and thirty-s .x dollars . ($20,036).
Alternate #1
Deduct standard storm and screen window sash material (pine
1 1/16 inch) , dark color aluminum screen, double strength glass
are used and painting of storms and screens by owner: $4,725
NET $15,311
Alternate #2
Deduct masonary repair work on cold storage room: $2,411
NET $12,900
Sinnrely,/
tX/' '(e17:-'7"
Donald Hedquist
DH/jk
•
•
AN(COAL OPPOHTUNITV(MP,.OV(H
j
t11E!I�...r.INC.
GENERAL CONTRACIORS
J6209 BALDER LANE•MINNEAPOLIS, MINNESOTA 55435•TELEPHONE 612/920-3317
October 7, 1983
Stu MacDonald
MacDonald & Mack Partnership
215 Grain Exchange Building
Minneapolis, Minnesota 55415
Dear Mr. MacDonald:
We hereby submit Our bid to provide all labor and material for
the Restoration of the Cummins-Grill House Phase II, as indicated
( on the drawings by MacDonald and Mack Partnership, for the sum
of:
•
Twenty thousand and thirty-six dollars ($20,036).
Alternate #1
Standard storm and screen window sash material (pine 1 1/16
inch), dark color aluminum screen, double strength glass are used
and painting of storms and screens by owner deduct:
Four thousand seven hundred twenty-five dollars ($4,725).
Sincorely,
/ . .
Donald Hedquis
DH/jk
t
AN EQUAL OPPONTUNITY LMPLOYEA
MERLE hORDEEN COiSTRUCTION, Ii1C.
9320 JAMES AVENUE SOUTH
MINNEAPOLIS.MINNESOTA 55431
16121 888 4608
GENERAL CONTRACTOR MERLE NORDEEN
President
October 13, 1983
Mr. Stewart MacDonald
MacDonald and Mack Partnership
215 Grain Exchange Building
Minneapolis, MN 55415
Re: Cummins-Grill House
Dear Stewart:
To revise our bid reflecting the deletion of masonry repair to the store
room and the painting of the storms and screens, please deduct $2,700.00.
Sincerely,
MERLE NORDEEN CONSTRUCTION, INC.
Mule Nordeen
President
/9 .
221!)
MERLE NORDEEN CONSTRUCTION, INC.
932D JAPIES A\'EWUE SOUTH
MINNEAPOLIS.1.•,I JNESOT A 55431
I6121 EEE 4608
l
bENERALCONTRACTOR MERLE NORDEEN
President
October 7, 1983
Mr. Stewart MacDonald
MacDonald and Mack Partnership
215 Grain Exchange Building
Minneapolis, MN 55415
•
Re: Cummins-Grill House
Dear Stewart:
I have done a considerable amount of study on the referenced project and
arrived at an amount I feel it would take to do the job. However; it
seems a lot more than you had anticipated so I am enclosing a copy of my
work sheet so you can see how I arrived at the price. I also show a deduct
for using charcoal aluminum screens and standard strength glass.
There is a possibility that it could go better than I have figured. It may
be worth while to do one window and a small area of brick on a cost plus
basis to establish an accurate cost.
Sorry I couldn't be more optimistic about the time it would take to do
the project.
Sincerely,
MERLE NORDEEN CONSTRUCTION, INC.
Merle Nordeen
President
/9
Encl.
•
•
z27G
- - CUftM1HS-GRILL HOUSE oCT^LER 7, 1903 5
d
3
T . . .. Labor I Material:- (I
1 -Ii - - Quantity 1 Quantity- Labor Material ; Subs Ii Total
1 l _.,__ _ --_- - 1= - f f
i I
I i _ . 6indo s:.Repair.B Refinish.-_, 1 0 I I ' E I 29 E :E e • IIII1 1fI 76E� Eterior doors: Re ¶oo
n I4 1 IQ 1 '60 , 1 ' j 21,460..,3
-11 -' 1_ ...,_-- -- Refinish - - J I PpI I I I 11 ' I
,I.- -- "- - ... --- --- -- 1 1 . 1 I 1 1- I1 II II 11 11 I1 '°1
_y_27 E. ste+rms-)-tsTertetait -- 7- j- - - HI
Screens ) ! I i50C I y 5; IIII I 1 8• 9�I.. I I'. { I .III._I I I I 1 1 •:.I I.1
1; Pa i nt Storrs 6 Screens.----_- -._ -- I I I I I I l I I I I I I 1 1 500 I 500.
_ 1 I 1 I ,(1 I II I I1 I
ci..Vaso • - "-I I 1 I --i I .701 d 0001-1 1 i I II 13 50.d. Ic
it1� 1 i I 1 i it I , 0 439. »
1911 '-- -_ _. _ I I I I' I, 1 III I. I I I 19
IIII J_I. i 1.600 1:
n • Overhead8 Profit I ' _
+i I ?..Total.. _.--- "-"--------- - -• I I __ I I II, I I ' I; 221.C34. Ii ':,
I9 i.
• :1 1 1 , ► I -I- 1 - - 1_ 1 I 1 II, I I_ I -J_11_,_ II .
1-i51JP
- I - -I I- > I I , i; (3 252,.)..+r
1'
Oeduct_for_Standard.Glass.6.Mum n `T 1 -1 1 I 1 _I I _I' 18.707, i u
Total_.._. - - — - I I •--Il „ 1.._�I I I I 1 11 1 T i' 1
•
rol I _
19 �, I• I I I 1 1 1 19
I I I_ _ ,.II• I I i .1, i I � , -- ,� . I I ,
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it 11 1 ii 11 _ : 1I 1 I I: I I 7:
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,24
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1 T 1 �1 94
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1 11 i 1'
11 11 1 , I
1 I
1
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1 ii I 1 I 1i I II 1IL '
' I1Iq .
32
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—'-— II' 1 1 I II ,1 i r I , 1 1 1 1 .1 ',.
3211 1 I1 ! I1 it
C
' 1 11
31,1
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— I1
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• 1 '
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1, I ' 1 I
a . I 1 I . i . ° I I 1 I 11 1 1 I 1: 1 1 1 99
1
— — -- 11 I+ 11 11 !I I 11 1 11 11 11 ' 1 I 1
11 _,_--_- —____. __ —_. ,I i I I I I' I I ' 1 I' , I;11 1 11' I1 1,," 1 .. Y
1: _ _ _ i - I I 11 III 11 I ' I' I iI 1I 11 1, 1 .I..
' -- _._ .----I I. I I ' -
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I : I , jI �i II II Ii �j �i 1 ' 1I �,:
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u i 11 1 11 .I 11 11 III I Iii I i1 11 1 I 1•1'
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P _ .. - ' 11 f i III
MI I I 1 1! 11 I I I .I A :11- 1 11 .u.11 II 1.1 •_1i ;I ,,; .
II 1
2.:;'1 1
•
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION #83-253
RESOLUTION APPROVING THE REGISTERED LAND SURVEY
FOR LEE DATA/OPUS CORPORATION
BE IT RESOLVED, by the Eden Prairie City Council as follows:
That the Registered Land Survey for Lee Data/Opus Corporation, dated July 6, 1983,
of 0.4 acres for secondary access to Lee Data from W. 70th Street, a copy of which
( on file at the City Hall, is found to be in conformance with the provisions of
the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is
herein approved.
ADDPTED by the Eden Prairie City Council on the day of
, 1983.
Wolfgang H. Penzel, Mayor
ATTEST:
John D. Frane, City Clerk
Zz1g
OPUS•
•
•
IN `CORPORATIONE
October 13, 1983
•
Mayor and City Council Members
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
•
Gentlemen:
Following approval of the proposed registered land survey for the Lee Data
project by the Planning Commission on June 24, 1983, Opus Corporation requested
a delay in action by the City Council in order to explore the implications of
the conditions placed on the approval. At this time, we would like to request
that the City Council consider our application.
With regard to the two conditions placed on the approval by the Planning
Commission, we have the following comments:
1. Easement Agreements: We feel this condition is not appropriate because •
access will not be provided via easements. Both Tracts A and B are owned in
the fee by the owner of the Lee Data building site. Therefore, this access
to the'site is assured through current ownership.
2. Dedication: On principal, we object to the requirement that the area
in the registered land survey be dedicated to the City upon completion of West
70th Street. In our opinion, the access to the Lee Data site, which was re-
quired by the City, was not essential to the workability of the site plan. Never-
theless, this access was acquired at a considerable cost to us as developer. A
Now to be required to dedicate the land to the City does not seem fair and does
not allow us any way to recoup our investment.' We would respectfully suggest an
alternative which could assist the City and Opus Corporation meet our mutual
objectives, namely, the City could acquire the land at the time of the improve- •
ments and assess the cost back against the property.
We appreciate your consideration of our comments.
Sincerely, •
9,9(4QI(
( Michele Foster
Assistant Director
Planning and Governmental Affairs
2.2/9
MINN(Al\I .1'l Il'Af f'.14101'Y11•MII WAI IKI:I
•
Minnesota
Department of Transportation
District 5
` 2055 No. Lilac Drive
�l'oFT 0 Golden Valley, Minnesota 55422.
July 26, 1983 (612)545-3761
•
•
•
Mr. Chris Enger
Director of Planning
Eden Prairie City Hall
8950 Eden Prairie Road .
Eden Prairie, MN 55344
SP 2763 TH 169
Plat review of Lee Data Corporation
located east of TH 169 between CSAH 39
and CSAH 61 in part of Sections 1 and 12,
Township 116, Range 22, in the City of
Eden Prairie, Hennepin County
Dear Mr. Enger:
We are in receipt of the above referenced plat for our review in
accordance with Minnesota Statutes 505.02 and 505.03 Plats and
Surveys. We find the plat acceptable for further development and
dO not anticipate any adverse impact on our existing facilities.
If you have any questions in regard to this review, please contact
Evan Green at 545-3761 ext. 119. Thank you for your cooperation
in this matter.
:A,79"21 /1/1/ 1
/ • f
W. M. Cra
wford, P.E.
District Engineer
cc: Gerald Isaacs
Metropolitan Council
Mike Reiter •
Hennepin County Surveyor's Office .
An EqualOpponunity Employer
7 a 70 'a'°
•
C. LEE DATA ACCESS, by Opus Corporation. Request for Pre-
liminary Plat of approximately 0.4 acres to provid'
secondary access to Lee Data from W. 70th Street. Location:
West of W. 70th Street adjacent to Lee Data and Shady Oak
Industrial Park 5th Addition. A public hearing.
Michelle Foster, Opus Corporation, presented the request on behalf
of the proponents. She stated that, at the time of the original
request for the Lee Data project, the City had requested that a
secondary access to W. 70th Street be established. Upon purchase of
the property, and attempt to file the ownership at Hennepin County,
proponents were told that they would have to file the property as a
Registered Land Survey. Ms. Foster stated that the Opus Corporation
would be the owner of both parcels A and B as shown in the exhibits,
and that their intentions were to dedicate the road to the City in
the future.
Staff explained that the Registered Land Survey process only
requiredabut thatia9finallar plato that processfwaspnotiminary necessary. through
the City,
Chairman Bearman asked for comments and questions from members of
•
the. audience. There were none.
MOTION 1:
Motion was made by Torjesen,. seconded by Gartner, to close the
public hearing. •
' Motion carried--5-0-0
MOTION 2:
Motion was made by Torjesen, seconded by Gartner, to recommend to
• the City Council approval of the Registered Land Survey (RLS) of
Opus Corporation/Lee Data, for access purposes to the Lee Data site,
based on plans dated February 3, 1983, the Registered Land Survey,
•
as shown to the Planning Commission and marked Exhibit A, and
•
subject to the recommendations of the Staff Report dated June 24,
1983. •
•
•
228I
STAFF REPORT
TO: Planning Commission
FROM: Stephen Sullivan, Assistant Planner ,
THROUGH: Chris Enger, Director of Planning
DATE: June 24, 1983
PROJECT: Lee Data Access .
APPLICANT: Opus Corporation '
FEE OWNER: Opus Corporation/Lee Data
LOCATION: West of West 70th Street adjacent to Lee Data' i
REQUEST: Preliminary Plat of approximately 0.4 acres to provide secondary .
access to Lee Data from W. 70th Street '
it
Lee Data has constructed a road within the area of the proposed preliminary plat as
a private road to provide a secondary access to the Lee Data site from W. 70th
Street. At the time of development, the road alignment ran across three properties. ;
Mutual easements were needed allowing for the construction of the road.. The third i
oarty's property has since been sold to Opus Corporation, resolving the need for
l nutual easements of the three property owners. Lee Data and Opus Corporation have
jointly placed the access road from W. 70th Street to the Lee Oata site per the
developer's agreement and consistent with City specifications. In order to record 1
the legal description of this action with Hennepin Coucnty, a bonafied plat is
needed.
W. 70th Street is proposed to continue to the west, adjacent to the north property
line of Lee Data and tying to Flying Cloud Drive. A 35 ft. right-of-way has been
dedicated to the City along the north property line of Lee Data. The future
development of the adjacent northern parcel will provide an additional 35 ft. of
right-of-way allowing for the future extension of W. 70th Street. The proposed plat
is complimentery to the alignment and right-of-way needs for this extension. The
proponent shall dedicate the proposed platted area to the City for right-of-way ,
purposes upon the completion of the W. 70th Street connection to Flying Cloud Drive. }
RECOMMENDATIONS 1
The Planning Staff recommends approval of the preliminary plat subject to the
following conditions:
1. Any easement agreements between Opus Corporation and Lee Data regarding the
private access road shall be submitted to the City for review and approval
prior to final plat.
2. The platted area shall be dedicated to the City for right-of-way purposes
l upon completion of the W. 70th Street extension to Flying Cloud Drive.
8 Waste
!mailSystems
BROWNING-FERRIS INDUSTRIES
ARROWNFAO NEGOON
October 14, 1983
Mr. Carl Jullie
City of Eden Prairie
8950 Eden Prairie Road
Eden Prairie, MN 55344
Re: Flying Cloud Sanitary Landfill Amended Permit - Operational Change
Dear Mr. Jullie:
The enclosed documents are in response to the City of Eden Prairie's request
• for additional information concerning Woodlake Sanitary Service's request
to the MPCA for an operational change in the Amended Permit for Flying
Cloud Sanitary Landfill.
Thank you and if you have any questions concerning the request, please
contact me at either 941-5957 or 469-5134.
1
Yours er truly,
t / s
Douglasoy
Director - Resource Recovery
Enc.
DC/gdp
P.O.BOX 1315 • MINNEAPOLIS,MINNESOTA 55440 • 1812)941.5957
9813 FLYING CLOUD ORIVE • EDEN PRAIRIE.MINNESOTA 55344
22 03
Waste
L-. 1.Systems
BROWNING•FERRIS INDUSTRIES
FJ PLUIC h
October 14, 1983
Mr. Daniel A. Comeau
Permit Unit
Regulatory Compliance Unit
Solid and Hazardous Waste Division
Minnesota Pollution Control AGency
1935 West County Road 82
Roseville, MN 55113
Re: Flying Cloud Sanitary Landfill Amended Permit - Operational Change
Dear Mr. Comeau:
Due to operational considerations, Woodlake Sanitary Service is requesting
an operational change in the MPCA Permit dated May 2nd, 1982 (Part III
A 1) to include Phase 3 for the following:
1) Reduce Phase 2, lift height for more effective slope erosion control.
2) Lower elevation of Phase 2 to minimize wind blown litter.
3) Increase operational effectiveness by lowering access elevations.
The request for modification does not effect the total airspace authorized
in the Amended Permit.
Enclosed are drawings depicting the requested change and calculations pro-
vided by Gerald M. Sunde, P.E.
Should you have any further questions, please feel free to contact me.
Yours truly, / (
John G. Curry, Jr.
Regional Landfill Manager'._
Enc.
JGC/gdp -
cc: Carl Schenk - Metropolitan Council ,.
rr Ed Monteleone - Hennepin County
Carl Jullie - City of Eden Prairie
P.O.BOX 1375 • MINNEAPOLIS,MINNESOTA 55440 • 16121941 5957
9813 FLYING CLOUD DRIVE • EOEN PRAIRIE,MINNESOTA 55344
22 ti.l:r3
GERALD M. SUNDE, Conwhing Engineer
10524 ZION AVENUE SOUTH•MINNEAPOLIS,MN 55437 •PHONE(612)881.3344
1
October 10, 1983
Mr. Doug Coy
Browning Ferris Industries, Inc.
9813 Flying Cloud Drive
Eden Prairie, Minnesota 55344
Dear Mr. Coy:
Re: Flying Cloud Sanitary Landfill
Eden Prairie, Minnesota •
Enclosed are plans and calculations for the completion of the
subject landfill to the permitted volumes. As you instructed, we have.
shown no filling i.n the existing work areas and placement of the remaining
site volume in the northwestern depression.
Please contact me if you have any questions or require further
information.
Yours very truly,
Gerald M. Sunde
GMS:skw
cc: Carl Jullie
Bud Kager
John Curry
Dan Comeau
•
227,E
FLYING CLOUD SANITARY LANDFILL
VOLUME CALCULATIONS
1. Permitted Landfill Volume:
As part of the January 25, 1983, amended permit for the Flying
Cloud Sanitary Landfill, the permitted volume at the site was
listed as 1,342 acre feet. This volume remaining was as of June 1,
1982.
2. Volume Filled, June 1, 1982, to October 1, 1983.
From the landfill scale records, a total of 474,893 tons of refuse
crossed the scales during the above period. Using a conversion
factor of 1,200 pounds of refuse per cubic yard of air space volume,
the amount of air space used during the period was 791,488 cubic
yards or 491 acre feet.
Note that the 1,200 pounds per cubic yard is based on recent land-
fill yield calculations at the Flying Cloud and Pine Bend Landfills.
3. Remaining Permitted Landfill Volume:
Remaining Volume = 3.,342 - 491 = 851 acre feet
4. Final Contours for Amended Permit:
The attached drawing shows possible final contours should all
remaining filling be in the northwest part of the site. A brief
field survey was performed on October 5, 1983, to determine the
fill elevation in the northeast and east parts of the site.
C
22q.4 C-.
1
10/3/83
Dear Mayor Penzel and Council Members,
I am interested in becoming a member of the Eden Prairie
Human Rights and Services Commission. My wife and I are
new residents of Eden Prairie, having purchased a home
and moved in May of 1983.
I have a Bachelor of Science in Health Care Administration
and am a Licensed Nursing Home Administrator in the State
of Minnesota. I am currently employed at the Highland
Chateau Nursing Home in Saint Paul as the Administrative
Coordinator.
I would be honored to be appointed to the Human Rights
and Services Commission. It would be an excellent
opportunity for me to become involved in my new community
and I feel that I have something to offer it as well.
Sincerely,
D
g Beardsle
785 Tarta rve
Eden Pr rtie, Mn., 55344
937-1523 (home)
698-0793 (work)
I ,
1
,
22Ill 1
8940 Neill Lake Road
Eden Prairie, Minnesota 55344
October 13, 1983
City Council
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344
Dear Council Members,
If I can be of assistance to you and the Eden Prairie community
by serving on a local commission, I would be happy to do so. One
commission which especially interests me is the Human Rights and
Services Commission. My interest in this area stems from the
obvious importance human rights and services have to all people
and from my familiarity in this field.
For over six years I have been a licensed nursing home admini-
strator of Clifton House, a skilled nursing facility in Minneapolis.
I have dealt directly with human rights arid services in employer-
employee relationships, patient rights, and vulnerable adult legis-
lation. In addition, I have worked with the Hope Transitional y,
Center and Wellspring Therapeutic, two half-way houses for mentally
and emotionally disturbed individuals. I was an employee of the
former, and served on the Citizens Advisory Committee for the latter.
I am a life-long resident of Minnesota, and have lived in Eden
Prairie since 1979. I am married and have two children. I am ready
and eager to participate more fully in making Eden Prairie a good
place to work and live.
If you feel you have candidates better suited to fill the
present opening, then feel free to contact me in the future. Should
I receive the appointment to the Human Rights and Services Commission,
let me say in advance that I consider the opportunity to serve you
and the city in this capacity a privilege and will happily devote
the thought, time and energy necessary to do a conscientious job.
Thank you all for the work you are doing for the city, and
thank you for your consideration.
Sincerely,
ames D. Van Horn
L'ZS
TO: Mayor and City Council
FROM: Chris Enger, Director of Planning
THROUGH: Carl J. Jullie, City Manager
DATE: October 14, 1983
SUBJECT: Commercial Area G of the Preserve
In the early 1970's the Preserve put together an overall development concept of
their commercial areas outside of the Eden Prairie Shopping Center. Each one of
these areas was schematically planned and earmarked for certain commercial land
uses. The area in the northwest quadrant of Prairie Center Drive and U. S. 169
where the veterinary clinic is today is known as Area G. That area was zoned and
platted in 1976 subject to a development agreement which tied the development of the
area into a development framework guideline. That development framework called for
review of individual projects against the criteria approved for the area in 1976 by
a panel of three people. Two of the representatives were to be from the City and
one from the Preserve.
We have a request in for a cluster of tire, battery, and accessory auto services and
would request the Council appoint one of your number to participate in this review
panel. We would also plan to present the results of this review directly to the
;ity Council.
•
MEMORANDUM .
•
Mayor, City Council, City Manager, Parks, Recreation and
Natural Resources Commission
THRU: Robert Lambert,
Community Services Director
Pappas, Community Center Manager e,
FROM: Charles ,
•
DATE: October 12, 1983
SUBJECT: Summer Hockey Schools
Attached to this memo are 2 preliminary requests for a Summer Hockey i
School at the Eden Prairie Community Center beginning in the summer of 1984. f
i
The first proposal is from A. Keith Hanzel, Attorney at Law,
Scr hoolsas Mr.
Chuck
elEd.nnd Minnesota Community Center
enterlt. Minnesota
susmnerseand has conducted a
a
the
Eden Prairie Commun school program.very successful summer hockey
Minnesota Hockey Schools, in 1982, rented 138.75 hours of ice time at a 7
rate
of $55.00 per hour for a total contract of $7,631.2our . Ina t1982,cthtthey
rented toad 1
t of
194 hours of ice time at a rate of $55.00 per
• $10,670.00. Included in these rental TCntaletid aeswewas s t the use
uof meeting rooms
om s
ant
Where lectures andfilmss were ecialized goalie training.
racquetball court for p — ,
Staff was contacted on October 12,
schools, 5 pm
s by Ms shClaireneat a Grillo.
request
forirepresenting Minnesota Hockey of the written proposal ,
ice time was in the the mail. A verbal summary ;
was requested to include in this memo and is as follows:
Monday thru Friday June 11-29 from 8:00 am to 12:45 pm. t
Monday thru Friday July 9 - August 3 from 8:00 am to 3:15 pm. }
The hours should work out to approximately 183.75 at a cost per hour
as yet not determined. _ . -
•
Copies of the written request will be provided'to Council and Commission
members as soon as they are received.
Minnesota Hockey Schools is also requesting an extended contract for 10 years -
to the hourly rental rate being mutually agreed
through partiesthe
ties subjectand the option to match any bonifide proposal
( upon he the niluserseech foyear,
t of other potential for such rented, times that would conflict with theirs.
•
2217 I
•
•
- 2 -
The second proposal attached to this memo is a preliminary agreement
between the Minnesota North Stars and the City of Eden Prairie in the joint
operation of a Summer Hockey School.
The Minnesota North Star - Eden Prairie Hockey School-terms of agreement
are attached and show the responsibilities the City of Eden Prairie would
' • 165ume. • '
Total maximum hours, if filled, would be 269.25 at $67.50 per hour for ice
time. As in the past, the school would be allowed to use the meeting rooms,
a vacant racquetball court but would also be allowed to use the fitness
center 1 day a week. Total projected income for this school would be
•$18,174.38 payable to the City of Eden Prairie.
•
It should be noted that the City of Eden Prairie has had a good working
relationship with Minnesota Hockey Schools over the past 2 years. Minnesota
Hockey Schools has been a good customer and always paid their bills ahead
or on time.
•
It should also be noted that Staff has been charged with meeting operating
.expenses of the Community Center. Staff feels financial responsibility in
seeking out programs and special events to enhance the facility both promo-
tionally and operationally.
•
The introduction of the Minnesota North Stars fall training camp in Eden
Prairie has only enhanced the exposure of this facility as well as contrib-
uting to a financially successful September - a normally poor month in respect
•to ice rentals. The North Star willingness to work with the City in a joint
venture, coupled with the excellent, reliable staff that has been assembled
•
for the operation of this hockey school should insure the school's success.
•
Staff requests the authorization to proceed with final arrangements with the
North Star Organization for implementation of the Minnesota North Star -
Eden Prairie Hockey School for the summer of 1984.
•
A. KEITH HANZEL
ATTORNEY AT LAW
1114 DEGREE OP HONOR DUILDING
• DAVIT PAIR..MINNEOTA 5 101
September 28, 1983 •
TELEPHONE (OM224.3841
•
• • •
•
•
Mr.. Charles J. Pappas, Manager
',Eden Prairie Community Center
8950 Eden Prairie Road
Eden Prairie, Minnesota 55344 •
•
Re: Minnesota Hockey Schools •
Dear Chuck: •
When we prepare a contract for 1984 we would like the following
additions: '
After 6-I of the Agreement for use of Eden Prairie
Community Center, should be added number 7 - The
parties hereby agree that this Agreement shall ex-
tend through August, 1993 subject to the hourly
rental rate being mutually agreed upon by the parties
• each year. In the event that the city receives a
•
bonafide offer for ice rental conflicting with the
requirements of the user, the user shall have the
right to match the proposal of the other potential
user, for such rental times as are in conflict.
. i
• • Schedule A shall be amended to read: •
• -:,.
G of the Agreement for use of Eden Prairie Community
Center shall be implemented only in the event of
mechanical failure or other unforeseen occurrence .
that renders the fulfillment of' the Agreement by the
city impossible or impracticable.
Yours very truly,
A. Keith Hanzel
( AKH:ss
2216)
, (812)853•9323
•
:a 1lll rl1V ES0TA !1021 H�� O Met Canter.Bloommplon,Mmnesoh 55420
•
LOU NANNE,General Manager '
' October 10, 1983
•
•
Mr. Chuck Pappas • - •
EDEN PRAIRIE COMMUNITY CENTER '
16700 Valley View Road . •
Eden Prairie, MN 55344
Dear Chuck: •
•
Enclosed please find the proposal and ice time requirements and prices
for the Minnesota North Star — Eden Prairie Hockey School for the
summer of 1984 (June 11 - August 17th). •
Also enclosed is the Terms of Agreement sheet. If you have any questions, _
• please give me a call immediately. Thank you.
•
Sincerely,
•
64_ 714.............., ... ' ' -
Lou Nanne
General Manager ' '
•
Enclosures
,.
2.290 •
(612)853.9323
•
1- SIT IN 114 f,f)J)J E SO TA 1110711 ST R Mel Cemer•eroommngion..nnesole 55420
LOU NANNE.General Manager
t
•
•
•TERMS OF AGREEMENT • • •
f
a
100% - 81% capacity per session a $67.50 per hour charge 4
80% - 46% capacity per session - $62.50 per hour charge
*Approximately 45% capacity per session - cancel class, no hourly charge
• • *The determination to cancel a class will only be made if all
possible efforts have been made to place the students in other f
a.
classes.
In consideration of a joint venture between the North Stars and the City of
Eden Prairie in the operation of a hockey school, the Cities responsibilities
will be as follows: )'
Provide ice time at the rates as listed under the Terms of Agreement.
Provide each paid student with 3 open skate passes and 3 open swim
passes to be dated and used only during the dates that student participates
in the hockey school.
' Allow exclusive use, during specified times, of the fitness center for
weight training instruction on Fridays so as not to conflict with any l
possible fitness classes. 1
Provide the use of 1 racquetball court for the specialized dry land
training of goalies on any day except Tuesdays in order to not conflict with
non-prime racquetball league play.
Provide use of meeting rooms A & B for the purpose of lectures, films,
dry land exercise and training, on a daily basis, throughout the school
cessions.
Provide blanket liability coverage for all students enrolled in the
Hockey School while they are on City premise. This blanket liability will
exclude the Minnesota North Star agents, employees and contractors.
• •720
. 11
• i
•
NORTH STAR - EDEN PRAIRIE HOCKEY SCHOOL
Week 01 ' June 11-15, 1984 5 days Power Skating
(8:00-9:15) 3 sessions per day (11:15-12:15, 12:30-1:15)
42 students (9:30-10:30, 10:45-11:00) 42 students
• 4.75 hrs/day 44 students
23.75 hrs/week
Week 02 June 18-22, 1984 5 days Power Skating
(8:00-9:15) 3 sessions per day (11:15-12:15, 12:30-1:15)
42 Students (9:30-10:30, 10:45-11:00) 42 students
• 4.75 hrs/day 44 students
•
23.75 hrs/week
•
Week.03 June 25-29, 1984 • 5 days Power Skating
(8:00-9:15) 3 sessions per day (11:15-12:15, 12:30-1:15)
42 students (9:30-10:30, 10:45-11:00) . 42 students
4.75 hrs/day 44 students
. 23.75 hrs/week
•
Week 04 July 2,3,5 & 6, 1984 4 days Power Shoot 6 Goalie
./ (8:00-9:30) 3 sessions per day 28 students/session
`` • 4.5 hrs/day (9:45-11:15) (11:30-1:00)
•
. 18 hrs/week
Week 05 6 6 July 9-13, 16-20, 1984 10 days Hockey School
(8:00-9:00, 9:15-10:15) 3 sessions per day 36 students/session
6 hrs/day (10:30-11:30, 11:45-12:45) (1:00-2:00, 2:15-3:15)
60 hrs/2 weeks
Weeks 07 & 8 July 23-27, 30-Aug. 3, 1984 10 days Hockey School
(8:00-9:00, 9:15-10:15) 3 sessions per day 36 students/session
6 hrs/day (10:30-11:10, 11:45-12:45) (1:00-2:00, 2:15-3:15)
60 hrs/2 weeks
•
Weeks 09 & 10 Aug. 6-10, 13-17, 1984 10 days *Hockey School
(8:00-9:00, 9:15-10:15) 3 sessions per day 36 students/session
6 hrs/day (10:30-11:30, 11:45-12:45) (1:00-2:00, 2:15-3:15)
*Open for our use if
•
needed
• 60 hrs/2 weeks
•
•
2 2 c'.
•
•
• MEJ ORANDUM
TO: Mayor and City Council
Parks, Recreation and Natural Resources Commission
THRU: Carl Jullie, City Manager
FROM: Bob Lambert, Director of Community Services74-
DATE: October 12, 1983
SUBJECT: Purgatory Creek Recreation Area Master Plan Contract
At the September 27 special meeting of the City Council, the planning team of
Saunders-Thalden/Wirth and Associates were named the winners of the design
competition for the Purgatory Creek Recreation Area. The City Council instructed
staff to negotiate a contract including fees with the Saunders-Thalden/Wirth
group for final action by the Council not later than the October 18 meeting. .
Attached to this memorandum is a copy of the proposed contract for develop-
ment of a master plan for the Purgatory Creek Recreation Area. The contract
has been reviewed and approved by City staff and includes a fee not to exceed
$20,000.
This fee will be funded through Community Development Block Grant Funds.
BL:md
•
•
•
•
2293 .
r 1
CONTRACT FOR PLANNING SERVICES •
THIS AGREEMENT entered into this 18th day of October, 1983, by and between
the City of Eden Prairie , hereinafter called the City, and Saunders-Thalden &
Associates, Inc./Wirth Associates, Inc., Eden Prairie,, Minnesota, hereinafter
call the "Consultant";
WITNESSETH THAT:
WHEREAS, the City desires to engage the Consultant to conduct site analysis
studies, prepare a comprehensive master plan, prepare cost estimates for con-
struction and Consultant fees, and develop a plan for phasing of development to
,be implemented on an approximate 300 acre site in Eden Prairie, Minnesota.
WHEREAS, the City represents that sufficient funds have been authorized to
cover the compensation for the services agreed to herein,
WHEREAS, the City finds that the proposed scope of services and terms of
this contract are acceptable, and
•
WHEREAS, the Consultant desires to provide said services and agrees to do
-so for the compensation and upon the terms and conditions as hereinafter set
forth,
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. Employment of Consultant. The City hereby engages the Consultant and
the Consultant hereby agrees to perform the professional services here-
inafter set forth.
2. Area Covered. The Consultant shall perform the services provided under
this contract in connection with an approximate 300 acre area of land
South of T.H. 5, West of Prairie Center Drive.
3. Scope of Service. The Consultant shall perform, in a proper and pro-
fessional manner, the following services for the City:
The Consultant will provide the planning services by phase in accor-
dance with the following descriptions:
Phase I - Mobilization/Inventory/Analysis
o The Consultant will participate in a scoping meeting with repre-
sentatives of the City to discuss and define all specific activities,
procedures, products and schedule for the project.
•
•
h ?Q C/
I
Page Two
o The Consultant and City will jointly prepare an outline of goals
• and objectives for the park facilities and development program.
.
o The Consultant will prepare reproducible base maps of the site
at a scale of 1 inch equals 200 feet for field inventory, resource
mapping, public meetings and physical planning purposes.
o The Consultant, in conjunction with the City representatives, will l
contact adjacent private landowners and public agencies with in-
terests that would directly affect, or be affected by the proposed
project. These contacts/discussions will be for the purpose of
acquainting directly affected parties with the goals and objectives
' of the project, the planning process to be followed and to solicit •
input that would benefit or influence the planning process.
o The Consultant will gather existing data on physical facilities„
availability of public services, land ownership patterns, plans for
. development of adjacent lands, and all other pertinent data as avail-
able. Data compiled by the Consultant will be presented in graphic
or narrative form, and organized in a logical way to serve as refer-
• ence and background information for the project.
o The Consultant will conduct an on-site planning charette during
which the site will be thoroughly inventoried, and the natural and
cultural features of the site documented. •
o The Consultant will analyse information developed on the site
resources.
o The Consultant will define the opportunities and constraints to
development of the site.
Phase II - Public Input )
The Consultant, in conjunction with representatives of the City, will
conduct a focused public involvement program. Key steps in the process
will include:
o The Consultant will contact adjacent landowners to assure their
understanding of the project proposal.
o The Consultant will conduct a public workshop on-site (weather
conditions permitting), to explain the project proposals and seek
input from affected public agencies. •
o The Consultant will prepare a report summarizing input received
during Phase II. •
•
•
•
•
•
Page Three
•
Phase Ill - Preliminary Master Plan
The Consultant will prepare draft preliminary master plan for review
by the City.
o The Consultant will prepare a preliminary master plan for the
management and physical development of the site. All major
features will be depicted graphically including land use and
management zones, activity locations, roads, trails, parking,
and other site development features as appropriate. A full
narrative description and explanation of the master plan will
be prepared, which will include development and operations cost
• projections as well as a phasing plan and strategy implementa-
• tion.
o The draft plans will be reviewed with the City and affected
• public agencies at a public meeting scheduled by the City.
• Phase IV - Final Plans
o Upon.review of the draft master plan by the City and affected
public agencies the plans will be finalized incorporating in-
put and comments from the review by the City and affected pub-
lic agencies. One hundred black and white copies of the final
plan, (at 200 scale) with 100 copies of the summary report will
be printed by the Consultant and delivered to the City.
Phase V - Final Presentation •
•
o The Consultant will present the final plans as recommended by
City staff to the Parks and Natural Resources Commission, Plan-
ing Commission, Watershed District and City Council at the pub-
lic meetings to be scheduled by the public entities.
4. Meetings.
The Consultant will participate in meetings with the City, public 1
• workshops and meetings and presentations to the City and affected
public agencies as described in item 3 - Scope of Services.
All meetings shall be scheduled at mutually convenient times. The
Consultant shall be available to attend additional meetings over
and above set forth in item 3, for which the compensation shall be
at a per diem rate as set forth in the compensation section of
this agreement.
•
IL
•
•
•
l2.4lo
• 1
Page Four
{
5. Personnel
The Consultant represents that he has, or will secure at his own expense,
all personnel required to perform the services under this contract and
that such personnel will be fully qualified to perform such services.
Key personnel assigned to this project are as follows:
Project Principal Gary M. Tushie, Theodore J. Wirth
Project Coordinator Gary M. Tushie, Howard R. Wagner
Park Planner Brian W. Olson, James E. Jensen
Project Architect Wilson Montgomery
Graphic Artist James D. Collins
The Consultant will not discriminate against any employee or applicant i.
for employment because of race, creed, color, or national origin.
•A copy of the Consultant's Affirmative Action Program is attached to
this contract document.
•
6. Responsibilities of the City
It is understood that the City will have the following responsibilities
under this agreement:
a. The provision of all information, data, reports, records and maps,
which are part of the City records and which are needed by the
Consultant for the performance of the services provided for here-
in, specifically including at least the following:
Topographical maps of the study site in reproducible form.
Copies of all pertinent materials currently untilized by
the City planning department in the planning of this area.
b. Providing assistance and cooperation for the Consultant in obtaining
any other needed material which the City does not have direct access
• to.,
c. Participation in key meetings and discussions during the planning
process, including assistance in contacting and coordination with
adjacent landowner and public agencies, as well as public workshops
and meetings.
•
d. Review of materials submitted by the Consultant, and furnishing of
written comment and direction.
22.' 1
•
Page Five
e. The designation of a single representative who will be authorized
to make all necessary decisions required on behalrof the City in
connection with the execution of this contract and who will serve
as liaison to the Consultant and will serve to provide the neces-
sary direction and coordination for the project.
• All such City responsibilities shall be conducted in a timely manner
and without undue delay so as not to delay the Consultant in the per-
formance of his services. In the event that the City fails to provide
the information or services required above in a timely and proper man-
ner, it is agreed that the time of performance shall be increased by
that amount of time required by the City to respond to the request
for information or services after service of the notice.
•
•
7. Time of Performance
• 'The Consultant will commence work on or as soon as practicable after
• the date of execution of this contract and all work as set forth in
the Scope of Services shall be completed within five months of that
date, assuming the timely submission of all required data and the
scheduling of all meetings and reviews by the City .
A specific schedule for accomplishment of all tasks of the project will
be jointly determined by the City and the City and the Consultant durinc
the scoping meeting to be held as soon as practical after execution of
this contract.
8. Compensation '
The City agrees to pay the Consultant the total amount of S20,000 for
performing the services provided for herein. Said fee included all
labor, direct and indirect project costs, overhead and profit.
Should additional effort beyond the stated scope of work be requested
by the City, additional compensation will be negotiated and agreed up-
on by both parties prior to the initiation of the work.
9. Method of Payment •
The Consultant will invoice the City at the end of each month during
which work under the contract has been performed. Amounts billed will
reflecti at actual pTheeCityes a rees to renf work derted or paymentfwithinrt x30ndays
during that month. invoice.
of receipt of an approved
1298
A
•
Page Six
10. Ownership of Materials
It is agreed that all original documents, e studies,Ces surveys, drawings,
maps, photographs and reports prepared by th
contract, shall be retained by the Consultant. Upon completion of
the services as specified in this contract, the City shall be pro-
vided one reproducible copy of all original documents, studies,
drawings, maps, photographs and reports prepared by the Consultant 1
under this contract.
11. Confidentiality of Information
Information obtained and reports prepared by the Consultant under this
contract shall be considered to be confidential and shall not be made
available to any individual or organization by the Consultant without y
the prior approval of the City. a
. 12. Changes
The city may, from time to time, during the course of this contract,
request modifications of it or changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease
3
in the amount of the Consultant's compensation, which are mutually
agreed upon by and between the City and the Consultant, shall be in-
I i
corporated in written amendments to this contract.
13. Arbitration I
It is hereby agreed that in case any disagreement or difference shall
arise at any time hereafter between the parties hereto, in relation
to this contract, either as to the construction or operation thereof
of the respective rights and liabilities thereunder, such disagree-
ment or difference shall be submitted to the arbitration of three
persons, one to be appointed by each party to this agreement, and the
third to be appointed by the two so appointed. And if either party
shall refuse or neglect to appoint an arbitrator within 30 calendar
days after the other party shall have appointed an arbitrator and i
served written notice thereof upon the other party requiring him to
appoint an arbitrator, then the arbitrator so first appointed shall
have power to proceed to arbitrate and determine the matters of dis-
agreement or difference as if he were an arbitrator appointed by
both the parties hereto for that purpose, and his award in writing
dayslafterbe inal,such refusaldorsuch
neglectaward
ofshall
the other made
partywithin
to appointnanr
arbitrator.
In case there are three arbitrators selected as above mentioned,v dan
an
award in writing signed by any two of them shall be final, p
such award shall be made within 60 calendar days after the date of
reference to said arbitrators.
. 2Z_9q
Page Seven
• The decision of the arbitrator shall be final and binding on both parties 1
and each party hereby agrees that in the event of their failure to comply'
with the award, an action in court shall lie against him based upon such
award.
• 14. Termination of Contract •
This contract may be terminated for cause by either the City or the
Consultant upon 60 days written notice together with appropriate
documentation of the reasons therefor. In such case, the Consultant
shall be compensated by the City for all work satisfactorily completed
prior to termination. In the event of such termination, all finished
or unfinished documents, data, studies, surveys, drawings, maps,
models, photographs and reports prepared by the Consultant, shall, at
the option of the City become City property.
•
- 15. Assignability •
• This contract shall not be assigned or transferred by either the Consultant
or the City without the prior written consent of the other. Notwithstand-
ing the foregoing, however, the Consultant shall not be prohibited from
contracting with qualified Subconsultants or from assignee to a bank, trust
• company or other financial institution any claims for compensation due, or
• to become due, to the Consultant from tha City under this contract, with
out such prior written consent.
16. Conflict of Interest
The Consultant convenants that he presently has no interest and shall
not acquire any interest which would conflict with the performance of
the services required under this contract.
17. Entire Agree^lent
This contract constitutes the entire agreement between the parties
hereto and no statement, promise, condition, understanding, induce-
ment or representation, oral or written, express pr implied, which
is not contained here shall be binding or valid.
18. Enforceability
This contract shall be construed persuant to the Laws of the State of
Minnesota.
i •
• 23(JU
•
( Page Eight
•
IN WITNESS WHEREOF, the Consultant and the City have executed this
agreement as of the date first above written and under the laws of the
State of Minnesota.
IN PRESENCE OF: Consultants:
By:
Gary Tushie, Regional Director
Saunders-Thalden & Associates, Irc.
By
Theodore J. Wirth, President
• • Wirth Associates, Inc.
• IN PRESENCE OF: City. of Eden Prairie, Minnesota:
• By: -
•
By:
•
•
•
2$01