HomeMy WebLinkAboutOrdinance - 32-2001 - Amending City Code Chapter 9 by adding Section 9.68, Water Usage at Smetana Lake - 07/10/2001 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
ORDINANCE NO.32-2001
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, NIINNESOTA AMENDING CITY
CODE CHAPTER 9 BY ADDING SECTION 9.68 RELATING TO THE REGULATION OF
THE USE OF SMETANA LAKE; AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 9.99, WHICH AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. City Code Chapter 9 shall be and is amended by adding thereto section 9.68
which reads as follows:
SECTION 9.68 REGULATION OF USE OF SMETANA LAKE
Subd. 1. It is unlawful to launch or operate a motorboat on Smetana Lake except for
(1) boats powered by electric motors; (2) boats operated by enforcement, emergency
and resource management personnel acting in the performance of their duties; and(3)
excursion boats owned and operated by the City of Eden Prairie.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation" and Section 9.99 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
10th day of July, 2001, and finally read and adopted and ordered published at a regular meeting
of the City Council of said City on the e day of September,2001.
a
Kattilkii.Porta, City Clerk . Harris,Mayor
PUBLISHED in the Eden Prairie News on the day of 2001.
Affidavit of Publication
Southwest Suburban Publishing
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MN State of Minnesota
ORDINANCE NO. 32-2001
AN ORDINANCE OF THE CITY )SS.
OF EDEN PRAIRIE,
AMENDING CITY CO EINNESOTA CHAPTER County Of Hennepin
9 BY ADDING SECTION 9.68
RELATING TO THE REGULATION
OF THE USE OF SMETANA LAKE;
AND ADOPTING BY REFERENCE Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
CITY CODE CHAPTER 1 AND the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
SECTION 9.99, WHICH AMONG as follows:
OTHER THINGS, CONTAIN
PENALTY PROVISIONS. (A)This newspaper has complied with the requirements constituting qualification as a legal
THE CITY COUNCIL OF THE newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
CITY OF EDEN PRAIRIE, amended.
MINNESOTA, ORDAINS:
Section 1.City Code Chapter 9 shall (B)The printed public notice that is attached to this Affidavit and identified as No d
be and is amended by adding thereto was published on the date or dates and in the newspaper stated in the attached Notice and said
section 9.68 which reads as follows: Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
SECTION 9.68 REGULATION OF the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
USE OF SMETANA LAKE inclusive,and is hereby acknowledged as being the kind s of type used in the composition
Subd. 1. It is unlawful to launch and publication of the Notice:
or operate a motorboat on Smetana Lake
except for(1)boats powered by electric abcdefghijklmnopgrs y
motors; (2)boats operated by
enforcement,emergency and resource
management personnel acting in the By:
performance of their duties; and (3) S Rolfs d,General Manager
excursion boats owned and operated by g
the City of Eden Prairie. or his designated agent
Section 2. City Code Chapter 1
entitled "General Provisions and Subscribed and sworn before me on
Definitions Applicable to the Entire City
Code Including Penalty for Violation"
and Section 9.99 entitled "Violation a 22
Misdemeanor"are hereby adopted in their this X day of 2001 —
entirety,by reference,as though repeated GW EN M.13'AD U`e
4Z
verbatimherein. Y"" iy T'9VFUSUC '"•! =H�T'a
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 Notary Public
Prairie on the 101 day of July,2001,and
finally read and adopted and ordered
published at a regular meeting of the City
Council of said City on the 411 day of
September,2001.
Jean L. Hams,Mayor RATE INFORMATION
ATTEST: Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch
Kathleen Porta,City Clerk
(A full copy of the text of this Ordinance Maximum rate allowed by law for the above matter................................$20.00 per column inch
is available from City Clerk.) Rate actually charged for the above matter.................................................$9.75 per column inch
(Published in the Eden Prairie News on
Thursday, September 13, 2001; No.
3787)
BFI ADDITION
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 33-2001-PUD-22-2001
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 Zoning District on 2.32 acres be placed in the I-2 Zoning District and amended within the
I-2 Zoning District on 22 acres, 33-2001-PUD-22-2001 (hereinafter"PUD-22-2001-I-2").
Section 3. 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 I-2 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. The City Council hereby makes the following findings:
A. PUD-22-2001-I-2 is not in conflict with the goals of the Comprehensive Guide
Plan of the City.
B. PUD-22-2001-I-2 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 that are contained in PUD-22-2001-I-2 are justified by the design of the
development described therein.
D. PUD-22-2001-I-2 is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are 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 Zoning District, and placed in the I-2 Zoning District and amended
within the I-2 Zoning District and shall be included hereafter in the Planned Unit Development
PUD-22-2001-I-2 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.
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
6th day of November, 2001, and finally read and adopted and ordered published in summary
form as attached hereto at a regular meeting of the City Council of said City on the 20th day of
December, 2001.
ATTEST:
K een A. Porta, City Clerk Vey;,
- e cting Mayor
PUBLISHED in the Eden Prairie News on o�
EXHIBIT A
BFI Addition
Legal Description:
Proposed Property Description—Parcel B
Those parts of the following described properties:
That part of the Southeast Quarter of the Southwest Quarter of Section 27, Township 116,Range
22,Hennepin County, Minnesota,which lies southerly of the southeasterly right of way line of
U.S. Highway No. 169.
And
That part of the Northeast Quarter of the Southeast Quarter of said Section 27 which lies
southerly of said southeasterly right of way line of U.S. Highway 169.
And
That part of the Northwest Quarter of the Southeast Quarter of said Section 27 lying south of the
north 3/16 of said Southeast Quarter which lies westerly of a line described as beginning at a
point on the south line of said Northwest Quarter of the Southeast Quarter distant 676.5 feet east
of the southwest corner of said Northwest Quarter of the Southeast Quarter; thence northerly to a
point on the north line of the Northeast Quarter of said Section 27 distant 280.50 feet east of the
northwest corner of said Northeast Quarter of Section 27 and said line there terminating.
And
The Southwest Quarter of the Southeast Quarter of said Section 27.
Lying easterly and southerly of a line described as commencing at the Southwest corner of said
Southwest Quarter of Section 27;thence northerly, along the west line of said Southwest Quarter
of Section 27, a distance of 471.1 feet; thence northeasterly deflecting to the right 87 degrees 06
minutes 00 seconds a distance of 508.20 feet; thence northeasterly a distance of 561.80 feet
along a tangential curve concave to the northwest having a radius of 1432.70 feet; thence
southeasterly; radial to said curve, a distance of 60.00 feet; thence northeasterly a distance of
210.00 feet, along a curve concentric with said curve; thence southeasterly,radial to said curve, a
distance of 172.00 feet; thence easterly deflecting to the left 52 degrees 10 minutes 00 seconds a
distance of 347.00 feet to a point hereinafter referred to as"Point X";thence southerly deflecting
to the right 90 degrees 00 minutes 00 seconds a distance of 240.00 feet to a point hereinafter
referred to as "Point Y"; thence westerly deflecting to the right 90 degrees 00 minutes 00
seconds to the west line of said Southeast Quarter of the Southwest Quarter of Section 27,being
the point of beginning of the line to be described;thence Returning, along the last described
course, to said"Point Y"; thence northerly to said"Point X"; thence northwesterly
deflecting to the left 21 degrees 16 minutes 00 seconds a distance of 442.5,more or less,to said
southeasterly right of way line of U.S. Highway No. 169; thence northeasterly, along said
southeasterly right of way line of U.S. Highway No. 169, a distance of 944.23 feet to a line
hereinafter described as"Line A"; thence southeasterly, along said"Line A",to a line hereinafter
described as "Line B"; thence northeasterly, easterly, southeasterly, along said"Line B",to the
south line of said north 3/16 of the Southeast Quarter of Section 27 and aid line there
terminating.
"Line A"is described as commencing at a point on the south line of the Northwest Quarter of the
Southeast Quarter of said Section 27 distant 676.50 feet east of the southwest corner of said
Northwest Quarter of the Southeast Quarter of Section 27; thence northerly a distance of 1537.79
feet, more or less, along a line which, if extended,would intersect the north line of the Northeast
Quarter of said Section 27 at a point 280.50 feet east of the northwest comer of said Northeast
Quarter
of Section 27, to said centerline of U.S. Highway Number 169 as laid out and traveled; thence
South 41 degrees 10 minutes 00 seconds West, assumed bearing, along said centerline of U.S.
Highway No. 169 as laid out and traveled, a distance of 1588.20 feet to the point of beginning
said"Line A"; thence South 55 degrees 14 minutes 00 seconds East a distance of 457.41 feet;
thence South 64 degrees 25 minutes 00 seconds East a distance of 156.37; thence South 51
degrees 54 minutes 00 seconds East a distance of 582.00 feet; thence North 26 degrees 39
minutes 00 seconds East a distance of 386.06 feet; thence easterly to the point of commencement
and said"Line A"there terminating.
"Line B"is described as commencing at the southeast corner of said Southeast Quarter of the
Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, assumed
bearing, along the south line of said Southeast Quarter of the Southwest quarter, a distance of
104.56 feet to the point of beginning of"Line B"to be described; thence North 17 degrees 49
minutes 47 seconds West a distance of 179.81 feet to the hereinafter described"Line C"; thence
North 28
degrees 55 minutes 39 seconds East, along said"Line C", a distance of 110.07 feet to an angle
point in said"Line C"; thence North 61 degrees 04 minutes 21 seconds West, along said"Line
C", a distance of 91.16 feet;thence North 10 degrees 47 minutes 28 seconds West a distance of
70.92 feet; thence North 2 degrees 30 minutes 53 seconds East a distance of 365.59 feet;thence
North 24 degrees 38 minutes 16 seconds East a distance of 225.88 feet to the point of beginning
of said"Line B"; thence North 32 degrees 27 minutes 49 seconds East a distance of 532.21 feet;
thence North 78 degrees 54 minutes 10 seconds East a distance of 41.35 feet;thence South 54
degrees 39 minutes 30 seconds East a
distance of 221.02 feet; thence North 62 degrees 20 minutes 47 seconds East a distance of 29.14
feet; thence North 0 degrees 20 minutes 57 seconds West a distance of 860.92 feet to the south
line of said north 3/16 of the Southeast Quarter of Section of Section 27 and said"Line B"there
terminating.
"Line C"is described as commencing at said southeast corner of the Southeast Quarter of the
Southwest Quarter of Section 27; thence South 89 degrees 39 minutes 57 seconds West, along
said south line of the Southeast Quarter of the Southwest Quarter, a distance of 222.13 feet;
thence North 0 degrees 20 minutes 03 seconds West a distance of 58.14 feet to the point of
beginning of"Line C"to be described;thence North 28 degrees 55 minute 39 seconds East a
distance of 240.00 feet; thence North 61 degrees 04 minutes 21 seconds West a distance of
317.62 feet and said"Line C"there terminating.
And
That part of Section 27, Township 116,Range 22 West of the 5th Principal Meridian described as
follows: Commencing at A point in the East line of the West 5/8 of the North %2 of the Southeast
Quarter distance 495 feet South from the Northeast comer of said West 5/8 of the North V2 of the
Southeast Quarter; thence South to the Southeast comer of said West 5/8 of the North %2 of the
Southeast Quarter; thence West to a point on the South line of said West 5/8 of the North%2 of
the Southeast Quarter 676.50 feet East of the Southwest comer of said West 5/8 of the North %2
of
the Southeast Quarter; thence Northerly to an intersection with a line parallel with and 495 feet
South from the North line of the Southeast Quarter along a line which if extended would
intersect the North line of the Northeast Quarter distance 280.50 feet East from the Northwest
corner thereof; thence East to the point of beginning.
And
The East Three-Quarters (E 3/4) of the South Half(S 1/2) of the Northeast Quarter(NE 1/4) of
the Southeast Quarter(SE 1/4) of Section 27, Township 116 North,Range 22 West, according to
the United States Government Survey thereof.
And
The Southeast Quarter of the Southeast Quarter of Section 27, Township 116,Range 22.
And
That part of Government Lot 1, Section 34, Township 116,Range 22,Hennepin County,
Minnesota, lying northeasterly of a line drawn from a point on the north line of said Government
Lot 1, distance 100.00 feet westerly of the northeast comer of said Government Lot 1 to a point
on the east line of said Government Lot 1, distant 50.00 feet southerly of said northeast comer of
Government Lot 1.