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HomeMy WebLinkAboutCity Council - 07/20/1993AGENDA EDEN PRAIRIE CITY COUNCIL • TUESDAY, JULY 20,1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive Drive COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLLCALL Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly·, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Council Recorder PROCLAMATION FOR NATIONAL NIGHT OUT ON AUGUST 3, 1993 Page 1686 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS • n. OPEN PODIUM • m. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY •. JULY 6. 1993 IV. CONSENT CALENDAR A. B. C. D. CLERK'S LICENSE LIST BEARPATH PHASE 2 by Sienna Corporation. 2nd Reading of an Ordinance requesting PUD District Review on 419 acres, Rezoning from Rural to RI-13.5 on 122 acres, Rezoning from Rural to RM-6.5 on 19.1 acres; Approval of a Developer's Agreement ·for Bearpath Phase 2; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: East of Riley Lake, north of Pioneer Trail. (Ordinance for PUD District Review and Rezoning from Rural to RI-13.5 and RM-6.5; and Resolution Authorizing Summary and Publication) RESOLUTION APPROVING FINAL PLAT OF BEARPATH ADDITION (located at the N .E. Quadrant of Lake Riley and Pioneer Trail) APPROVE CHANGE ORDER NO. 3 FOR RIVERVIEW ROAD WATERMAIN. I.C. 52-255 Page 1687 Page 1688 Page 1689 Page 1698 Page 1702 City Council Agenda . Tuesday, July 20, 1993 Page Two E. CENTEX DEERFIELD by Centex Homes/Delegards. 2nd Reading of an Ordinance for PUD District Review with waivers on 94.15 acres and Rezoning from Rural to Rl-9.5 on 30.1 acres; Rezoning from Rural to Rl-13.5 on 7.3 acres; Rezoning from Rural to RM-6.5 on 21.8 acres; Approval of a Developer's Agreement for Centex Deerfield Residential & Centex Deerfield Commercial; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: Dell Road and West 82nd Street. (Ordinance for PUD District Review and Rezoning from Rural to Rl-9.5, Rl-13.5 and RM- 6.5; and Resolution Authorizing Summary and Publication) F. .JIFFY LUBE by Danco Development Corporation. 2nd Reading of an Ordinance for Rezoning from Rural to Commercial Regional Service on 112 acre; Approval of a Developer's Agreement for Jiffy Lube; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary; and Adoption of a Resolution Approving Site Plan for the Jiffy Lube. Location: Singletree Lane and Eden Road. (Ordinance for Rezoning from Rural to Commercial Regional Service on 112 acre; and Resolution Authorizing Summary and Publication; and Resolution for Site Plan Review) G. EDEN PRAIRIE FORD -CAR STORAGE by Eden Prairie Ford. 2nd Reading of an Ordinance for Zoning District Change from Rural to Commercial Regional Service on 4.5 acres; Approval of a Developer's Agreement for Eden Prairie Ford -Car Storage; Adoption of a Resolution Authorizing Summary of an Ordinance and Publication of Said Summary; and Adoption of a Resolution Approving Site Plan for Eden Prairie Ford - Car Storage. Location: Singletree Lane and Eden Road. (Ordinance for Zoning District Change from Rural to Commercial· Regional Service on 4.5 acres; and Resolution Authorizing Summary and Publication; and Resolution for Site Plan Review) H. CHANGE ORDER NO. 1 FOR MILLER PARK I. RESOLUTION AUTHORIZING PAYMENT OF CERTAIN CLAMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPROVAL J. AWARD CONTRACT FOR WATER. SEWER & STREET IMPROVEMENTS FOR VILLAGE KNOLLS 2ND ADDITION. I.C. 93-5325 K. L. AWARD CONTRACT FOR PAGING/PA SYSTEM FOR CITY CENTER APPROVAL OF SUPPLEMENTAL AGREEMENT NO.5 FOR DELL ROAD lNORTHl. I.C. 52-126 Page 1717 Page 11 Page 1734 Page 1735 Page 1736 • Page 1737 • • • City Council Agenda Tuesday, July 20, 1993 Page Three V. VI. VIT. PUBLIC HEARINGSlMEETINGS A. B. BRUNSWICK FAMILY WORLD by Brunswick Corporation. Request for Planned Unit Development Concept Review on 23 acres, Planned Unit Development District Review with waivers on 5 acres, Preliminary Plat of 23 acres into 4 lots and Zoning District Change from Rural to Commercial Regional Service on 5 acres. Location: North of Singletree Lane opposite Wal-Mart. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Change from . Rural to Commercial Regional Service; and Resolution for Preliminary Plat) WEBBER ADVERTISING by Eden Trace Corporation. Request for Zoning District Amendment in the 1-2 Park Zoning District on 4.8 acres; Site Plan Review on 4.8 acres; Preliminary Plat on 4.8 acres into 2 lots; Variances to be reviewed by the Board of Adjustments and Appeals. Location: Martin Drive. (Ordinance for Zoning District Amendment in the 1-2 Park Zoning District; and Resolution for Preliminary Plat) PAYMENT OF CLAIMS ORDINANCES AND RESOLUTIONS A. BRUNSWICK FAMILY WORLD by Brunswick Corporation. 2nd Reading of an Ordinance for Zoning District Change from Rural to Commercial Regional Service on 5 acres and Planned Unit Development District Review with waivers on 5 acres; Approval of a Developer's Agreement for Brunswick Family World; and Adoption of a Resolution Authorizing Summary of an Ordinance and Publication of Said Summary. Location: North of Singletree Lane opposite Wal-Mart. (Ordinance for Zoning District Cbange from Rural to Commercial Regional Service on S acres and Planned Unit Development District Review on S acres; and Resolution Authorizing Summary and Publication) B. C. 1ST READING OF AN ORDINANCE TO AMEND LIQUOR LICENSE REGULATIONS RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE MARKETCENTER (located at the N.E. Quadrant of Prairie Center Drive and Singletree Lane) VID. PETITIONS, REQUESTS AND COMMUNICATIONS A. REOUEST FROM CARL MANSON REGARDING STORM SEWER/EASEMENT ON PROPERTY AT 12870 ROBERTS DRIVE AREA (Continued from June 15, 1993) Page 1739 Page 1750 Page 1758 Page 1759 Page 1767 Page 1769 Page 1771 City Council Agenda Tuesday, July 20, 1993 Page Four IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMI'ITEES A. HUMAN RIGHTS COMMITTEE -Reguest for a Joint Meetin& with the City Council X. APPOINTMENTS A. RECOMMENDATION TO THE HENNEPIN COUNTY BOARD OF COMMISSIONERS TO REAPPOINT ED SCHUCK FOR A THREE- YEAR TERM ON THE NINE MILE CREEK WATERSHED DISTRICT XI. REPORTS OF OFFICERS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. A ward Contract for Audio Video System for City Center Project C. REPORT OF DIRECTOR OF PARKS. RECREATION & NATURAL RESOURCES 1. Riley Lake Park Expansion D. REPORT OF DIRECTOR OF COMMUNITY DEVEWPMENT E. REPORT OF DIRECTOR OF PUBLIC WORKS 1. Modification of Development District No.1 2. Henmmin County Ground Water Plan F. REPORT OF CITY ATTORNEY G. REPORT OF FINANCE DIRECTOR . xn. OTHER BUSINESS xm. ADJOURNMENT • Page 1783 Page 1784 Page 1785 • Page 1787 • ----------------------------------- PROCLAMATION City of Eden Prairie Hennepin County, Minnesota National Night Out 1993 WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique, nationwide crime and drug prevention program on August 3, 1993 called "National Night Out"; and WHEREAS, the "10th Annual National Night Out" provides a unique opportunity for Eden Prairie to join forces with thousands of other communities across the country in promoting cooperative, police- community crime and drug prevention efforts; and WHEREAS, Eden Prairie Crime Prevention and Criminal Apprehension Fund plays a vital role in assisting the Eden Prairie Police through joint crime and drug prevention efforts in Eden Prairie and is supporting "National Night Out 1993" locally,' and WHEREAS, it is essential that all citizens of Eden Prairie be aware of the importance of crime prevention programs and impact that their participation can have on reducing crime and drug abuse in Eden Prairie,' and WHEREAS, police-community partnerships and neighborhood safety and awareness and cooperation are important themes of the "National Night Out" program,' NOW, THEREFORE, WE, the Eden Prairie City Council, do h~reby call upon all citizens of Eden Prairie to join Eden Prairie Crime Prevention and Criminal Apprehension Fund and the National Association of Town Watch in supporting "1 Oth Annual National Night Out" on August 3, 1993; FURTHER, LET IT BE RESOLVED THAT, WE, the Eden Prairie City Council, do hereby proclaim Tuesday, August 3, 1993 as NATIONAL NIGHT OUT in the City of Eden Prairie, Minnesota ADOPTED by the Eden Prairie City Council on this 20th day of July, 1993. AITEST: Douglas B. Tenpas, Mayor John Frane, City Clerk • MINUTES EDEN PRAIRIE CITY COUNCIL . TUESDAY, JULY 6,1993 7:30 PM, CITY HALL COUNCIL CHAMBER 7600 Executive Drive COUNCILMEMBERS: Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Development Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, and Director of Public Works Gene Dietz PRESENTATION OF MN RECREATION AND PARK ASSOCIATION 1993 AWARD OF EXCELLENCE Ron Schwartz, a representative of the Minnesota Recreation and Park Association presented the 1993 Award of Excellence to the City of Eden Prairie for Senior Awareness Week. PLEDGE OF ALLEGIANCE .ROLLCALL • Mayor Tenpas called the meeting to order at 7:30 p.m. All members were present. I. APPROVAL OF AGENDA AND OrnER ITEMS OF BUSINESS Anderson added Items XI.A.I.. Storm Dama2e Report From .Tune. 1993 Rains, XI.A.2 .. Riverview Bluff Erosion, XI.A.3 .. Water Bikes/Jet Skis, and XI.A.4 .. Canoe Racks; Tenpas added Item XI.A.s .. Flyin2 Cloud Airport Minutes Re&ardin& Council Concerns. Dawson added Item XI.D.2. Authorization for City to Execute a Purchase A2reement. MOTION: Pidcock moved, seconded by Anderson, to approve the agenda as submitted. Motion carried unanimously. II. OPEN PODIUM There were no items presented during Open Podium. m. MINUTES A . JOINT SCHOOL BOARD/CITY COUNCIL MEETING HELD MAY 20. 1993 MOTION: Harris moved, seconded by Anderson, to approve the minutes of the Joint School Board/City Council meeting of May 20, 1993, as submitted. Motion carried unanimously. City Council Minutes 2 July 6, 1993 B. CITY COUNCIL MEETING HELD TUESDAY • .JUNE 15.1993 • MOTION: Pidcock moved, seconded by Harris, to approve the minutes of the City Council meeting of June 15, 1993, as submitted. Motion carried unanimously. IV. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. SOWLES PROPERTY by US Homes. 2nd Reading of an Ordinance requesting PUD District Review on 12.06 acres, Rezoning from Rural to RI-9.5 on 45.92 acres, Rezoning from Rural to RM-6.5 on 12.06 acres, Rezoning from Rural to R1-13.5 on 5 acres; Approval of a Developer's Agreement for Sowles Property; Adoption of a Resolution Authorizing Summary of an Ordinance and Ordering Publication of Said Summary. Location: East of Dell Road, north of County Road 1. (Ordinance #23-93-PUD-6-93, PUD District Review and Rezoning from Rural to RI-13.5, RI-9.5, RM-6.5; and Resolution #93-136, Authorizing Summary and Publication) C. RESOLUTION #93-137. APPROVING PLANS AND SPECIFICATIONS FOR BERGER DRIVE/LAKESHORE DRIVE IMPROVEMENTS. I.C. 52-284 D. ST. EDW ARD'S FIELD by The Pemtom Land Company. 2nd Reading of an Ordinance for Rezoning from Rural to RI-13.5 on 2.44 acres; Approval of a Developer's Agreement for. Edward's Field; Adoption of a Resolution Authorizing Summary of an Ordinance and OrderitiP'" Publication of Said Summary. Location: West of Tartan Curve, east of CSAH 101. (Ordinance #22-93, Rezoning from Rural to RI-13.5; and Resolution #93-138, Authorizing Summary and Publication) E. RESOLUTION #93-139. APPROVING FINAL PLAT OF ST. EDWARDS FIELD (located at the NE Ouadrant of TH 101 and Lotus Vie~ Drivel F. RESOLUTION #93-140. AWARDING CONTRACT FOR WATER METERS G. APPROVE SUPPLEMENT TO AGREEMENT WITII TKDA FOR SERVICES TO DESIGN A REPLACEMENT WELL DUE TO TH 212 CONSTRUCTION H. AUTHORIZATION FOR MAYOR AND CITY MANAGER TO SIGN EXTENSION OF LEASE FOR TWO MONTHS AT 7600 EXECUTIVE DRIVE MOTION: Pidcock moved, seconded by Anderson, to approve items A. -H. of the Consent Calendar. Motion carried unanimously. V. PUBLIC HEARINGS/MEETINGS A. BLOCKBUSTER VIDEO by Northco Corporation. Request for Zoning District Amendm. within the Community Commercial Zoning District on 10.8 acres, Preliminary Plat of 10.8 acres into two lots and Site Plan Review on 10.8 acres with variances to be reviewed by the Board of Adjustments and Appeals. Location: Northwest corner of the intersection of County Road 4 and Ibft] ~ • • • City Council Minutes 3 July 6, 1993 B. Highway 5. (Ordinance for Zoning District Amendment within the Community Commercial Zoning District; and Resolution for Preliminary Plat) Continued from June 15, 1993 Bruce Carlson, Northco Corporation, presented the revised plans. Enger reported that the Planning Commission had recommended denial due to traffic and parking concerns. Council members raised questions regarding parking requirements as related to other retail centers and traffic. The developer had revised the plans to reflect mitigation of the parking issue by providing proof of parking spaces, which brought the parking ratio to the same level of other retail centers in the City. Enger explained the levels of traffic at the intersection of County Road #4 and Highway #5 were currently at Level of Service C or D. He said that the intersection would eventually be at Level of Service F, requiring a driver to wait through more than one cycle of the signals to cross the intersection. Enger added that the Blockbuster Video store would increase the current traffic volume very little. Dick Brown, 7685 Heritage Road, expressed concern about traffic at the intersection, parking availability, sign colors, and pedestrian traffic. Don Lynch, Prairie Courts Center, northeast comer of County Road #4 and Highway #5, discussed the concerns of the existing shopping center on the east side of County Road #4. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to approve lst Reading of the Ordinance for Zoning District Amendment within the Community Commercial Zoning District. Motion carried on a 4-1-0 vote, with Jessen voting against. Jessen explained that he voted against due to unmitigated concerns about traffic at the intersection. MOTION: Anderson moved, seconded by Pidcock, to: 1) Adopt the Resolution #93-141 approving the Preliminary Plat; and 2) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried on a 4-1-0, with Jessen voting against. VALLEY SPORTS & TRAVEL by J. Randall Iverson. Request for Zoning District Change from Rural to Commercial Regional Service on 0.8145 acres, Preliminary Plat of2.1 acres into two lots. Location: South of Valley View Road east of Prairie Center Drive. (Ordinance for Rezoning from Rural to Commercial Regional Service; and Resolution for Preliminary Plat) Randy Iverson, proponent, reviewed the plan with the Council. Enger reported that the Planning Commission unanimously recommended approval of the project. There were no comments from the audience. City Council Minutes 4 July 6, 1993 Council members raised questions regarding the health regulations for such a facility. Ivers" explained that the State of Minnesota and the County handled licensing and inspection of the facility. MOTION: Harris moved, seconded by Pidcock, to: 1) Close the Public Hearing; 2) Approve 1st Reading of the Ordinance for Rezoning from Rural to Commercial Regional Service; 3) Adopt Resolution #93-142, approving the Preliminary Plat; and 4) Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. VI. PAYMENT OF CLAIMS MOTION: Anderson moved, seconded by Pidcock, to approve the Payment of Claims as presented. Motion carried on a roll call vote, with Anderson, Harris, Jessen, Pidcock, and Tenpas voti~ "aye." • VIT. ORDINANCES AND RESOLUTIONS Vm.PETITIONS. REOUESTS AND COMMUNICATIONS A. REOUEST FROM EDEN PRAIRIE FORD TO APPEAL DECISION OF BOARD OF APPEALS & ADJUSTMENTS REGARDING TIlE SIZE OF AMERICAN FLAG ON TIlEIR PREMISES The Board of Appeals & Adjustments denied the request for Eden Prairie Ford for a variance to allow display of a 375 square foot American flag on a vote of 4-2. City Code allows a maximum size for State and American flags of 100 square feet. The Councilmembers discussed the request in relation to the size of the parcel, which was 14 acres, comparing the situation to a flag of this size on a smaller lot. Concern was raised that such an oversized flag was being used as a sign (for example, mentioned in advertisements for direction purposes), which may not be appropriate. MOTION: Jessen moved, seconded by Harris, to approve the variance request of Eden Prairie Ford to allow display of a 375 sq. ft. American Flag on its property on Plaza Drive. Motion 4-1-0, with Pidcock voting against. Pidcock explained that, while she had no objection to the flag on the property, the size propo!l for this flag seemed far too big, regardless of circumstances. IG11C • • • City Council Minutes 5 July 6, 1993 B. REQUEST FROM BENT CREEK GOLF CLUB FOR GOOSE REMOVAL The Parks, Recreation & Natural Resources Commission denied the request based on lack of documentation by the club as to how it had taken steps in the past to solve this problem. Robert Larson, representing Bent Creek, was present to explain past attempts at controlling the geese. MOTION: Harris moved, seconded by Jessen, to authorize Bent Creek Golf Course to remove approximately 200 geese from its property over a period of four years, in accordance with the Wild Life Management Ordinance requirements. Motion carried unanimously. Mayor Tenpas declared a recess at 8:45 p.m.; the meeting was reconvened at 8:55 p.m. IX. REPORTS OF ADVISORY BOARDS. COMMISSIONS & COMMITTEES A. NA TURAL RESOURCES STUDY COMMITTEE -PRESENTATION OF TIlE RESULTS OF THE NATURAL RESOURCES STUDY COMMITTEE Lambert reviewed the process of the Natural Resources Study Committee and introduced the consultants on the project, Dan Lutenegger and Beth Nixon, Barton Aschman and Associates, who explained their criteria for evaluation of the sites considered . Chuck Ruebling, Chairman of the Natural Resources Study Committee, addressed the recommendations of the Committee regarding the seven sites reviewed, along with a request for the Council to consider a referendum to purchase two of the properties. MOTION: Jessen moved, seconded by Harris, to authorize City Staff to obtain appraisals for Sites 1, 2, and 4, and to begin discussions with the owners of those properties before further action was taken toward purchase(s). Motion carried unanimously. X. APPOINTMENTS XI. REPORTS OF OFFICERS A. REPORTSOFCOUNC~MEMBERS 1. Stonn Dama2e Report From .June. 1993 Rains Anderson asked for a report from Staff regarding damage in Eden Prairie from the June, 1993, rains. Staff said the report was in progress and would be presented to the Council as soon as possible . 2. Riverview Bluff Erosion Anderson raised questions about protection of the Riverview Bluff, noting ongoing concerns regarding erosion, damage from four-wheel vehicles, and continuing damage from storm City Council Minutes 6 July 6, 1993 water. Staff was directed to investigate and report back to the Council about effecti. measures to correct the problem as soon as possible. 3. Water Bikes/Jet Skis Anderson said he had received complaints about water bikes and jet skis on Bryant Lake in terms of noise and hours of operation. He added that he was aware of an ordinance passed recently in the City of Long Lake. Staff was directed to review the Long Lake ordinance and report back to Council as to its applicability for Eden Prairie. 4. Canoe Racks Anderson explained what other communities were doing with respect to rental of canoe racks and suggested Eden Prairie could benefit from a similar arrangement. Staff was directed to follow up and report back to Council regarding the feasibility of renting canoe racks in Eden Prairie. s. Flyin& Cloud Airport Commission Tenpas expressed concern that there was a need for communication between the Council and the Flying Cloud Airport Advisory Commission. Staff was directed to schedule a joint meeting with the Commission and Council at the next available opportunity. • B. REPORT OF CITY MANAGER 1. A ward Contracts for Installation of Telecommunications Wirin& and Pa&in& Systems for City Center Project MOTION: Jessen moved, seconded by Anderson, to award the contract for the wiring system for the City Center Project to A.U.S. Communications in the amount of $148,077. Motion carried unanimously. C. REPORT OF DffiECTOR OF PARKS. RECREATION & NATURAL RESOURCES D. REPORT OF DffiECTOR OF COMMUNITY DEVEWPMENT 1. Approval of Chan&e Orders for City Center MOTION: Harris moved, seconded by Pidcock, to approve Change Order #2 for the Eden Prairie City Center remodeling project in the amount of $49,951.00, resulting in an amended contract sum of $5,320,609.00. Motion carried unanimously. 2. Authorization to Enter into Purchase A&reement MOTION: Pidcock moved, seconded by Jessen, to authorize the Mayor and City Manager. enter into a purchase agreement for 5.8 acres of City-owned property in the Downtown area with Bachman's Garden and Floral. Motion carried unanimously. Ljl1E City Council Minutes 7 July 6, 1993 • E. REPORT OF DffiECTOR OF PUBLIC WORKS • • 1. A wardin& Contract for Elevated Stora&e Tank MOTION: Jessen moved, seconded by Anderson, to award the contract for the elevated storage tank to CBI/Na-Con, Inc., in the amount of $2,128,000, plus $110,000 for the clock faces on the tank. Motion carried unanimously. XII. OTHER BUSINESS xm.ADJOIlRNMENT MOTION TO ADJOURN: Harris moved, seconded by Pidcock. Mayor Tenpas adjourned the meeting at 10:20 p.m . • • • CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST July 20, 1993 PLUMBING Hanson-Kleven Plumbing Whelan Company, Inc. GAS FITTER Blaine Heating & Air Conditioning Hanson-Kleven Plumbing r1arsh Heating & Air Conditioning Roark Pl umbing HEATING & VENTILATING Blaine Heating & Air Conditioning Marsh Heating & Air Conditioning Thompson Air, Inc. by the department heads responsible • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. BEARPA TIl PHASE 2 AN ORDINANCE OF TIlE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTIlER, AMENDING TIlE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTIIER TIlINGS, CONTAIN PENALTY PROVISIONS TIlE 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 RI-13.5 and RM-6.5 District (hereinafter" "). Section 3. The land shall be subject to the terms and conditions of that certain Developer's • Agreement dated as of July 20, 1993, entered into between Bearpath Phase 2, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-and are hereby made a part hereof. • Section 4. The City Council hereby makes the following findings: A. PUD-is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-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-are justified by the design of the development described therein. D. PUD-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 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 here. 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 20th day of April, 1993 and 4th day of May, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of July, 1993. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on -------------------------------- • • Exhibi:: A Bear~at~ LEC,\L ClESCltI PTION • ?ar':. of eh" Nor:h il.,l! of th" Nocthw .. st Qu.Htnr "C Snctlon .7;,wnshlp II~, Pane .. 2::, !Innnnrin County, HI"""."t.l, Iylnq Jcut~ .. cly oC th-(ollow1ng d".c=lb"d 11n .. and Its .. ~storly and .4s~.r~1 .x~.nslons: Co_nclnq at the northw,,~t corner oC s .. ld North 11.11 f oC tlle Northw.st Ou"r':."r: thence on an asslI"",d b ..... rlnq of South 1 degre. 13 mlnut .. s 31 seconds W .. st ... long the west Un. oC said /lor':.!"! IIalf oC the Ilorthw"st Ou ... rt"r. a distance of 189.41 C .. "t to th~ point oC b"qlnnlng of th" lin .. to bop d",c=1bvd: th"nc" /lorth 80 d"ar"es 3~ mln"tRs 34 s"conds Ea.t. ~ dl.tan~ .. of 2353.77 feat tn the north I1n" of s.11d ~Ioc:h /lalf of :h" Northw"st QII.1rt"r: thence South 97 dvqr~~. 25 mlnue~. 04 .econds E ... ~t aion~ ~ ... ld north 11ne .. dLstanc9 of 171.0J C .... t to the nort~" ... st corner of said ~lor':.h lIalf oC the Northw .. st Quart"r and t~ere terminat!ng. ~!"!.t part of Government Lot I of saId Section 19. 1ving north of ':.~e puol1c h1ghway r~nning through said Lot I. :'= .... th .. r wlth an '!a.'!ment fn!: rl1ht of W.1y Cr"m ~.11d I'ublic road :~ ~a~e Ril .. y over Che .... st .. rly 20 feet of th.ot p .. rt oC said Lot s:~t~ of the road, according to the Governmen: surv .. y theraoC. -:.:-;ether wlt.h: toqather with: The soutb 14.89 acras of clle • •• t 35 ~cr~. ~( th" ~-st /lalC "C : Ilorth"asr. Quarter of Section I~. Township H'. Ran'le 22. IIenn"l'l: County. Hlnnes~ta. .!~~?ether with: ;.The South lIalf oC the /lorthea~t Ouart"r o( th~ I~or~h" .. st Qu .. r':pr :;.0,L S~ction 19. Township 116. Range 22. Henn~l .. County. Hlnnesot. ~t0gether w1th: :r-.!~.~. -. {rhe·Southea.t ~u"rter of the N"rth .. a~t au~r~ .. r of S"ctlon I~. -;r~JI~~hlp 116. Range 22. """n"eln County .. '1lnn .... ot~. £;<C:;?T th~t ~~I~ thereof lying within the rlqht of way !or tho Hlnne.op~lls , .... ;"lJ-.2~.!s RaUway Company. t?g"ther with: ~~~ .... t 45 .. crp. of the N~rtheast Quarter oC Section 19. To~nshlp •• >, Range 22. "ennvpin County. Hlnnesota. ,\ II th ... t rm rt of I:ol"th II" 1 f of the Southease. OU.III:ter of Section 19. Township 115. R"nq" 22. lI .. nnepin County, Hinnesota. aescri!: .1S follow.: Co~ncing at a point 1956 f~ due NOl"th from the Snuth .. "~t corner of SAid S~~:i~n 19. to the point of beqinninq: tll .. nc .. running du .. W"stel"lv 1918 feet more or less to the easte riqht of way line of the Hlnneapolis and Saine: Louis a.Llway C<:'.'!,,,,ny: thenc .. southw.,~terly along s .. id easterly .L,,-.. t .aid right of wlty 740 fe-e morp or les" to the SC1KJ1 line of the Nor HolI! of t!1 .. South ..... t Quart .. r of said Section 19: thence due ;of .. 250 ! .... t mor .. or l .. ss to the we.t .. rly line of t' , east 23.8 aCr of ehe N'3rthwe.t Quarter of the Southea"t ()Jarter of said Secti tll",nc .. du .. tlol"th 1320 Ce"t more or le.s to u.. north line of .a South .. "s: Quarter: th"nc"t due E."t 2105.4 f_t more or les:II to II?rt.he .. st corner of said Sout!"!east QU"rter; thence due South 78 C"'''t mnre or less to the point of beginnin~. EXC-~T that part thee"of lying within th .. right of way for the Minneapeli" and Saint Louis Railway Company. ~~ .. t ~art or the W"H 1 S. 2 .1C:-"~ oC the Northwe.t QII<1rt!!r oC tha :;.:·;t:lea.t Cu~r~o~ of S·]ct~"n 19. Township 116. n",nQ,! 22. lI"nn"p!n ~=·:"t·,. !'11nne5-ot~, l}'!n'1 .rtll of the Collowln'1 dp~crlbed 11ne: '.~!"ning at the souehwq~t c~rnqr of sa1d ""rthw~st QU.1rter oC th .. : . .: .~.~q.o.t Cu .. r:~r of $~ld s",,~t.,n 19: thenc", on ~n ... ""m .. d bearing ::~ 0 de9:a~, 2~ minllt9S 2~ s~conds Wast. a dl~tan~~ of i1 feet ~Ionq the west line of said 1I0rthwq~t Qu .. rt .. r of the , .. east QUar:!!r -:'0 the polne .,C be.,lnnlng oC thl? linE' to ba J.~~~!b·d: th.nc~ Souc~ 89 d~~r~~s 50 mlnut~~ 12 snconds Edst. a ~l:t .. nce oC ~OS.22 [~at. m'H" or less. to the .. ""t I1n .. oC ... ld • ... t 16.2 acres of the Northw"~t ~ua=tcr o[ the South"ast Quarter, .no .ald line thvr~ cermlnat!n". ~"""Hnment l.ot 2. Sa~:lon I~, Tnwn.hlp 115, R~ng .. 7.2. lIenn"1'ln :~unt:y. Hinne,oe •• :::<C::?T th~t ;la!:t th .. r'!of Iyln', within th .. pldt ~: ~lIti!tor', SubdlvL~l.,n ~um~,,~ 372. said HennepIn County, and :~C:?T that part thereof lying southerly of th" Collowln" 7p.scr!b .. d line: Be"lnnlng at the southeast corner of th" north 57.5 reet of the south 280.00 feet of said Gov"rnm~nt Lot 2: t~.nee on an a.sumed bearing o{ North a de'1rees 7.5 minutes 29 .~c~nds West. a dlstanci oC 830.06 feet along th" !last lin" oC sal~ Goyqrnment Lot 2: th~nce South 71 degrees 11 minut,,1 30 s~conds West. a distance of 632.36 Ceet: th~nce South Sl d .. grqes :3 ~lnutes ~3 seconds Wq.t, a distance of 103.00 (" .. t. mora or le.s. to the shoreline oC Lake Riley and there terminating. toq.ther with: ~hat part of the We.t Half of the Northeast Quartp.r of Section 19. 'o .. nslllp 116. Ranqe 22. IIenn .. p1n County. Minnesota. de.cr1b .. d as :0110"': Commencing at the northeast corner of said W"st IIalr of ::.e "orthe"st Qu~rtl!r: thence South on the quarter-'lU"rter line a clstance of 92 rod.: thence West a distance of 35 rods: then~q "oc:~ a distance of 92 rods to the Section lin .. : th~nce Ellst a dlstlnce of JS rods to tha point of beglnnlnq, lying southerly of t~e !0110w1ng described 11ne and Its easterly extension: 3.,,1nn1n1 .t the northw .. ~t corn 7 of said We~t IIalf oC :11. /lor~h.a.t Quar~er: thence on an as.""..d b"arlng oC $outll 86 degrees 39 minutes 39 seconds East. along the north lIne oC Hid W .. st 11 .. 1 f of the Ilorth .. ast ~uarter. a ~lst .. nce of 966.6~ C~"t: th-nce South 72 dq,rp.p.s )0 • utes 4S sqc"nd. Sa.t, ~ distance of J30.0n feet; nce Harth 85 degree. 40 m1nutes 25 second~ East. a stance of 65.01 feat to the ea.t line of said West "ale of the Northe.st Quarter and there termLnatlng. t~g .. ther with: Th~t part of the Southe"st Cuar:er of S.,ct!on 19. Town"hi~ R"noe 22. lI"nn"pLn County. Hlnn .. "ota. descri~ed .. s follow,,: Comn~neinq ae the south4ase corner of the Southea"t Quarter of .... itl Sectlon 19: thO!nce north along th .. e .. "terly lin .. of said S .. ction II dLst.lnce of 1856 feet; th .. nee w.st plal" .. llel vith th .. south .. rly line of said Section 19 to the .... st line of th .. Hin" .. apolis and St. Louis Railway right-of-.... y: thenc .. • outhw ... terly along said e .. se 11ne of .aid right of way to th .. north 11ne of GovO!l"nment Lot 3: thence e .. st along said north 11 of , ... id Gov"rnment Lot J to th~ northeast corner of said lot: thpnce south along the ea.t lin .. of said eo."rnment Lat 3 to th ,outh lina of said Sect.ion 19: thence east along said south lin of ,.~id Section to the point of beginning: except that part of Southeast Quarter of th" Southease Quarter of said Section lyin' .outh of County Road 110. 1. and except that part of the w •• t 50 !~ .. t of the Southeast Quarter of the Soutll.ast Cua~er ot .aid S~e:ion lying south of a line drawn at a l"iqht angl .. to th .. We'" lin .. of .... id Qual"ter-Quarter from a point therein di"tant 805.2: feet. north of the nOl"therly lin. of County IIoad No.1. togf!ther with: TI'dt pal"t of the Southeast Cuarter of the Southeast Quarter of S .. cLion 19. Township 116. Range 22. Hennepin County. Hinn .. sota. de.r:nb .. d as follows: That part of the w .. sc:. 500 fe.t of the . Soulheast Quarter of the Southea"t Ouartec of Section 19. Towns. 116. Range 22. lIennepin County. Hinnesota. 11in~ south of • lin dr~wn at a right angl .. to the west line of said quarter-quarter C:~m a point thel" .. in distant 805.23 feet nOl"th of the noethecly lln·~ of County Road No.1 and north of the center line of said roae •. toq'thee with: ThaI: I'~rt of thO! .... st 200 feet of Govern_nt Lot 3. Section 19. TowllshlP 115. n ... ngO! 22. H .. nn .. pln County. Hinnesota. lying south thq north 584 fe9t thereof and lying nocth of the cent.r lin. c Coullty nO"Jd.1. Ex!1ibit A Page 2 :'O"1 ... t.her wit.h: 'rha~ rar~ of Govern ..... nt Lot 3. Sec~ion 19. 'Township 116~ Rang .. ··22, n .. n., .. pln County. Hinn .. sota. d .. scribed as follows 1 ae91nnin9"t. the northeast corner of ... id Lot J: thence south to the .outh .... t .. corner of said Lot; thence west to the center line of the County·,; . Roact: thence north .. rly alonq said center line of "aid road to it" .: int."r~ection with the southerly line of the ri9ht of way of the ,'; Hinrleapoll" and St. Louis RAilroad: thence northeasterly alon9 ," :: sa 1,1 ri9ht of way to the north line of .ald Lot 3; thence eallt'to. b .. ?innln?; EXCEPT that part in County Road No.1; and EXCEPT that par~ dascribed as follows: Commencing at a point on the south linn of said Government Lot 3. 210 fe.t west of the southeallt corner thereof; thence North 4 degre.s 20 minute. West 183 f .. et to the c .. nter line of County Road No.1: thence South aj degraes 02 minut.e, W .. st along said center line 199.5 feet: thence South 41 d4"l"O.,s 13 ndnutes £a.t 211.6 feet to the south lin. of .aid Government Lot 3: thence ea.t 72.5 fe.t to the place of beginning: 4nd £XC~PT that part of the east 200 feet thereof lyin9 south of th., north 584 feet and lyin9 north of the c .. nter line of County ilos,t 110. 1: and EXCEPT that part beginning at the south .. ast corner of r~v .. rn~nt Lot 3: thance west along the south lina of said ... .,v"rn_nt J..ot 3 a distance of 210.00 faet: th .. ne .. North 4 deqrees 20 m\nut~s West e distance of 183.0 feet to the center lin .. of ':-:tunty Stat., Aid lIi9h .. ay No.1. thence .. asterly slon9 the centar line of said County Stata I\id lIighway 3. 1 to the east line of ,aid Cov-rn~nt Lot 3: thenc. south alon9 the east line of said ~ov-rn~nt Lot 3 to the point of begi nnin9· to?"~her with: That. pArt of th .. Nor~hwe"t OUarter of the Southeast Ouarter of S .. c:10n 19. Township 116. Ra"9" 22. 1I .. "n .. ~in Cou,,~.y. M1nn",ota. lyi"q west of the 4ast 23.8 ac: •• and 1yin9 east of the east line ~, t~~ w-s~ 16.2 4c:es. (~n ~c:!on to determlne ownership of thi, area is p .. "dlng in 1i'f.:i=~ court. notice of Lis Pend .. ns -Doc. No. 5733305.) • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY BEARPATH PHASE 2 OF ORDINANCE NO. AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, an Ordinance was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of May, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of that Ordinance, 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 non-pareil, or six-point type, as defined in Minnesota Statute, Section 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 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on July 20, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. BEARPATH PHASE. 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 REFRERENCE 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: Summary: This ordinance allows rezoning of land located East of Riley Lake, north of Pioneer Trail, from Rural to Rl-13.5, RM-6.5; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsI John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) • • • • • MEMORANDUM TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering TeChnici~' DATE: July 6, 1993 ~ SUBJECT: Bearpath Addition PROPOSAL: Sienna Corporation has requested City Council approval of the final plat of Bearpath Addition. Located in the northeast quadrant of Pioneer Trail and Lake Riley, the plat contains 419.2 acres to be developed into a private golf course community. This phase of the project contains 99 single family lots, 30 outlots, and right-of-way dedication for the future extension of Dell Road and the realignment of Riley Lake Road. The lettered outlots on the plat contain the property for the golf course, designated ponds and wetlands, the first phase of the private road system, and additional property intended to be dedicated to the City, which will be discussed later in this report . HISTORY: The preliminary plat was approved by the City Council May 4, 1993 per Resolution No. 93-94. Second reading of the Ordinance approving rezoning to Rl-13.5 and RM6.5, and PUD Concept Amendments, is scheduled for the council meeting to be held July 20, 1993. The Developer's Agreement referred to within this report is scheduled to be executed July 20, 1993. VARIANCES: All variances not originally granted through the PUD must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, consisting of sanitary sewer, watermain, storm sewer and appurtenant ponding areas, will be publicly owned and maintained; however, the internal streets within this project will be privately owned and maintained, initially by the developer and in the long term through a homeowner's association. This project is based on the premise that Dell Road be realigned from its original alignment. The developer has agreed to complete the grading of Dell Road and the City would then complete the street surfacing, curb and gutter, and storm sewer. Currently, the developer and City have an application pending with the Department of Natural Resources and the Army Corps of Engineers regarding wetland impacts of the Dell Road ' .. :",r 18) .:; construction. The City should receive permits from both of these agencies prior to the plat being released. • Also, the construction of Dell Road will require additional right-of-way from the adjoining property to the east. It is the Stafr s understanding that Sienna Corporation has an agreement with the adjoining property owners to provide an easement for the realignment of Dell Road. Prior to release of the final plat, Sienna Corp. should provide easements for Dell Road to the City. Sanitary sewer service for this project is provided through a connection to the Red Rock Interceptor located off-site to the north. An easement for this sewer line should be provided to the City prior to plat release. The plat should be revised to include drainage and utility easements over the private streets to allow access and maintenance of the municipal utilities under the streets. As specified in the Developer's Agreement, prior to release of the final plat the Developer agrees to enter into a special assessment agreement with the City for the following items: • Trunk sewer and water assessments for the entire property, excluding wetlands. • Dell Road improvements • Oversizing of watermain within the project from 8" to 12". • Operation and maintenance costs for a permanent sewerage pumping station. PARK DEDICATION: As outlined in the Developer's Agreement, the developer agrees to provide the City with the following items prior to release of the final plat: • A perpetual open space easement over the golf course area • Homeowner's association documents addressing pedestrian and bicycle access to the project by the public. • Warranty deeds to the City dedicating Outlots A, D, X, Y, Z, AA, and BB. BONDING: Bonding for the installation of all public utilities, the grading of Dell Road, and for the relocation of Riley Lake Road must be provided prior to release of the final plat. RECOMl\fENDATION: Recommend approval of the final plat of Bearpath Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee for the street lights within the proposed Dell Road and Lake Riley Road, estimated to be $15,483. This cost will be subject to change because the estimate uses Northern States Power rates and this area is served by Minnesota Valley Electric and the rates were not available at this time. Execution of Special Assessment Agreement. Receipt of open space easement over the golf course area. • 2. 3. 4. Receipt of Homeowner's Association documents addressing pedestrian and bicycle • access. , • • • 5. 6. 7. 8. 9. 10. 11. JI:ssa Receipt of Warranty Deeds to the City for the Outlots . Revision of plat to include drainage and utility easements over the private streets. Satisfaction of bonding requirements for public improvements. Receipt of easement for the easterly 50 feet of Dell Road. Right-of-way between CSAH 1 and Hennepin County Light Rail Corridor. Receipt of easement for sanitary sewer between north boundary of the plat and the Red Rock Interceptor. Receipt of DNR and U.S. Army Corps. of Engineers permits for Dell Road construction. Receipt of detailed plans for entrance gate. cc: Rick Packer, Sienna Corporation Joel Cooper, James R. Hill, Inc . • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF BEARPATH ADDmON WHEREAS, the plat of Bearpath 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-EDEN PRAIRIE CITY COUNCIL: ~~ A. Plat approval request for Bearpath Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated July 1, 1993. B. 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. C. 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 Eden Prairie City Council on July 20, 1993. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk .' CrT ;J! U MEMORANDUM TO: Mayor Tenpas and City Council members THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: July 6, 1993 SUBJECT: Final Plat of Bearpath Addition PROPOSAL: Sienna Corporation has requested City Council approval of the final plat of Bearpath Addition. Located in the northeast quadrant of Pioneer Trail and Lake Riley, the plat contains 419.2 acres to be developed into a private golf course community. This phase of the project contains 99 single farr.iJy lots, 30 outlots, and right-of-way dedication for the future extension of Dell Road and the realignment of Riley Lake Road. The lettered outlots on the plat contain the property for the golf course, designated ponds and wetlands, the first phase of the private road system, and additional property intended to be dedicated to the City, which will be discussed later in this report. HISTORY: The preliminary plat was approved by the City Council May 4, 1993 per Resolution No. 93-94. Second reading of the Ordinance approving rezoning to Rl-13.5 and RM6.5, and PUD Concept Amendments, is scheduled for the council meeting to be held July 20, 1993. The Developer's Agreement referred to within this report is scheduled to be executed July 20, 1993. V ARlANCES: All variances not originally granted through the PUD must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, consisting of sanitary sewer, watermain, storm sewer and appurtenant ponding areas, will be publicly owned and maintained; however, the internal streets within this project will be privately owned and maintained, initially by the developer and in the long term through a homeowner's association. This project is based on the premise that Dell Road be realigned from its original alignment. The developer has agreed to complete the grading of Dell Road and the City would then complete the street surfacing, curb and gutter, and storm sewer. Currently, • • the developer and City have an application pending with the Department of Natural Resources and the Army Corps of Engineers regarding wetland impacts of the Dell Road • • • • • • • • Final Plat of Bearpath Addition Page 2 of 3 construction. The City should receive permits from both of these agencies prior to the plat being released. Also, the construction of Dell Road will require additional right-of-way from the adjoining property to the east. It is the Staff s understanding that Sienna Corporation has an agreement with the adjoining property owners to provide an easement for the realignment of Dell Road. Prior to release of the final plat, Sienna Corp. should provide easements for Dell Road to the City. Sanitary sewer service for this project is provided through a connection to the Red Rock Interceptor located off-site to the north. An easement for this sewer line should be provided to the City prior to plat release. The plat should be revised to include drainage-and utility easements over the private streets to allow access and maintenance of the ·~nicipal utilities under the streets. As specified in the Developer's Agreement, prior to release of the final plat the Developer agrees to enter into a special assessment agreement with the City for the following items: Trunk sewer and water assessments for the entire property, excluding wetlands. Dell Road improvements Oversizing of watermain within the project from 8" to 12". Operation and maintenance .costs for a permanent sewerage pumping station. PARK DEDICATION: As outlined in the Developer's Agreement, the developer agrees to provide the City with the following items prior to release of the final plat: • A perpetual open space easement over the golf course area • Homeowner's association documents addressing pedestrian and bicycle access to the project by the pUblic. • Warranty deeds to the City dedicating Outlots A, D, X, Y, Z, AA, and BB. BONDING: Bonding for the installation of all public utilities, the grading of Dell Road, and for the relocation of Riley Lake Road must be provided prior to release of the final plat. RECOM:MENDATION: Recommend approval of the final plat of Bearpath Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee for the street lights within the proposed Dell Road and Lake Riley Road, estimated to be $15,483. This cost will be subject to change because the estimate uses Northern States Power rates and this area is served by Minnesota Valley Electric and the rates were not available at this time. },OO Final Plat of Bearpath Addition Page 3 of 3 JJ:ssa 2. Execution of Special Assessment Agreement. 3. Receipt of open space easement over the golf course area. 4. Receipt of Homeowner's Association documents addressing pedestrian and bicycle access. 5. Receipt of Warranty Deeds to the City for the Outlots. 6. Revision of plat to include drainage and utility easements over the private streets. 7. Satisfaction of bonding requirements for public improvements. 8. Receipt of easement for the easterly 50 feet of Dell Road right-of-way between CSAH 1 and Hennepin County Light Rail Corridor. 9. Receipt of easement for sanitary sewer between north boundary of the plat and the Red Rock Interceptor. 10. Receipt of DNR and U.S. Army Corps. of Engineers permits for Dell Road construction. 11. Receipt of detailed plans for entrance gr'.~. 12. Add drainage and utility easements over all existing and proposed wetlands and proposed storm water ponding areas and drainage courses. cc: Rick Packer, Sienna Corporation Joel Cooper, James R. Hill, Inc. /10/ • • • • CHANGE ORDt:R 1/3 Date: To: City Improvement Contract #: I?rojec t Name: Contractor: Engineer: Riverview Road Water Main 52-255 Nature of Changes: 6/25/93 City of Eden Prairie 52-189A, 52-255, 52-262 Braxton Drive, Riverview Road, Topview Lift Station Brown & Cris, Inc. Hansen Thorp Pellinen Olson Inc. 1. Install silt fence and erosion control measures on south side of road due to homeowner's concerns. 2. Install sod on project due to homeowner~ concerns. Adjustment to Contract Price: ,~ 1. Add labor and material costs. $ 2,122.46 2. Add labor and material costs. $ 1.275.50 • Total Increase: $ 3,397. 96 • Summary of Contract Changes:, Contract Amount prior to Change Order #1: Net Increase resulting from Change Order #1: Net Increase resulting from Change Order #2: Net Increase resulting from Change Order #3: Current Contract Amount including Change Orders #1, H2 and #3: THE ABOVE CHANGES ARE APPROVED: $289,302.00 18,078.00 4,869.64 3,397.96 $315,647.60 Hansen Thorp Pellinen Olson Inc. City of Eden Prairie By _____________ _ Date --------------------------- Date __________________________ ___ THE A CHANGES ARE ACCEPTED: By I _ (\." 1)11.L-t.-,7v' I J Date ~/{L23 f10~ • DEVELOPER'S AGREEMENT CENTEX DEERFIELD RESIDENTIAL TIllS AGREEMENT, made and entered into as of July 20, 1993, by Centex Real Estate Corporation, a Nevada Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETII: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 21.8 acres and from Low Density Residential to Neighborhood Commercial on 3.66 acres, Planned Unit Development Concept Review on 94.15 acres, PUD District Review with waivers on 94.15 acres, Rezoning from Rural to RI-9.5 on 30.1 acres, Rezoning from Rural to RI-13.5 on 7.3 acres, Rezoning from Rural to RM-6.5 on 21.8 acres, Preliminary Plat of 94.15 acres into 323 lots, 7 outlots, and road right-of-way, all on 94.15 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, TIlEREFORE, in consideration of the City adopting Ordinance No. 24-93-PUD-7-93, Developer covenants and agrees to construction upon, development, and maintenance of said Property as • follows: • 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on June 1, 1993, plans dated June 1, 1993, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHffiIT C: 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. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, stormwater treatment facilities, and erosion control for the Property. Developer shall submit design calculations for storm sewer and storm water treatment facilities for review by the City Engineer. Treatment facilities shall be designed according to NURP standards. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto . 4. TREE REPLACEMENT: Exhibit B depicts a tree inventory with 1901 caliper inches o~ significant trees. The grading plan, as shown on Exhibit B, indicates 612 inches of signifi~ tree removal. Prior to grading permit issuance, the Developer shall submit to the Senior Planner and receive the Senior Planner's approval of a tree replacement plan for 262 inches. Upon approval by the Senior Planner, Developer agrees to construct or cause to be constructed said improvements as listed above in accordance with the terms and provisions of Exhibit C, attached hereto. 5. LANDSCAPING FOR THE MULTI-FAMll..Y AREA: Developer has submitted a landscape plan as depicted on Exhibit B. Prior to building permit issuance, the Developer shall submit to the Senior Planner and receive the Senior Planner's approval of a final landscape plan together with the security amount equal to 150% of the cost of the proposed landscaping for the specific phase for which permits are requested. Upon approval by the Senior Planner, Developer agrees to construct or cause to be constructed those improvements as listed above in accordance with the terms and provisions of Exhibit C, attached hereto. 6. GUEST PARKING FOR THE MULTI-FAMILY AREA: Prior to building permit issuance, the Developer shall submit to the Senior Planner and receive the Senior Planner's approval of a revised parking plan with additional guest proof of parking. Upon approval by the Senior Planner, Developer agrees to construct or cause to be construc. those improvements as listed above in accordance with the terms and provisions of Exhibit C, attached hereto. 7. FIRE LANE MULTI-FAMILY AREA: Developer agrees that signs should be posted along the entire loop private road as shown on Exhibit B stating that the private road is a fire lane no- parking zone. 8. EROSION CONTROL: Prior to grading permit issuance, Developer agrees to submit to the City Engineer and receive the City Engineer's approval of a final grading and erosion control plan containing erosion control practices as outlined in the PCA Manual called Protectin~ Water Quality in Urban Areas. 9. RELOCATION OF NURP POND FROM CITY PARK PROPERTY TO PRIVATE PROPERTY: Prior to final plat approval, Developer shall submit a revised storm water quality plan for review and approval by the City Engineer and the Director of Parks, Recreation and Natural Resources which relocates a NURP pond on proposed City Park property to private property or proposed park corridor as depicted on Exhibit B, provided there is room to construct and maintain an eight foot wide bituminous trail. Upon approval by the City Engineer and the Director of Parks, Recreation and Natural Resources, Developer agrees to construct or cause to be constructed said improvements as list. above in accordance with the terms and provisions of Exhibit C, attached hereto. I/'J-U' , .. ~ f ( t ~.,. , • • • to. DELL ROAD CONSTRUCTION: Developer acknowledges that the property benefits from the improvement of Dell Road between West 82nd Street, T.H. 212 and the construction of a watermain in Dell Road. Prior to the release of a final· plat of the Property, Developer agrees to enter into an assessment agreement with the City for Dell Road improvements. The assessments shall be based on the cost to construct a 32 foot, collector road with storm sewer, sidewalk, trail and 8" watermain. The front footage of Dell Road along the proposed City park property south of Erin Bay shall be excluded from assessment. The remaining Dell Road frontage shall be assessed including Outlot C and Outlot E. 11. SIDEWALKS AND TRAIL CONSTRUCTION: Prior to issuance by the City of any permit for grading or construction on the property, Developer shall submit to the Director of Parks, Recreation and Natural Resources, and obtain the Director's approval of detailed plans for sidewalks and trails to be constructed on the property. Said sidewalks and trails shall be field approved by the Director of Parks, Recreation and Natural Resources, and built to City standards, and shall be constructed in the following locations: a. A 5-foot wide concrete sidewalk to be located on Cascade Drive, Erin Bay, and West 82nd Street. b. An 8-foot wide bituminous trail along the Park Corridor as depicted on Exhibit B from the Dell Road trail to the eastern property line where it will connect to the trail system in Miller Park. c. An 8-foot wide bituminous trail along the northeasterly edge of Rice Marsh Lake, from the western property line to the Park Property. This trail is to be completed prior to building permit issuance for lots on the South side of Erin Drive as depicted on Exhibit B. d. Along the southern property line from Miller Park to the proposed convenience store, as depicted on Exhibit B, attached hereto, the Developer shall grade a 12- foot wide pad to accommodate a future trail to be constructed by the City at a later date. Developer shall provide an easement in a recordable form, for trail purposes, for review and approval by the Director of Parks, Recreation and Natural Resources for review and approval prior to the release of the final plat, for that area. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalks and trails, concurrent with street construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 12. PARK DEDICATION: The Developer is responsible for dedicating a to.5 acre piece ofland, as depicted on Exhibit B attached hereto, for park purposes in lieu of cash park fees for the residential portion of the property. This land shall be dedicated to the City free and clear of all mortgages, liens, and other encumbrances in accordance with the terms and provisions of Exhibit C attached hereto. Said property shall be dedicated to the City current with any final platting of lots along Erin Drive as depicted on Exhibit B. .. • The Developer is responsible for rough grading the park and in accordance with the grading plan as depicted on Exhibit B attached hereto using construction methods as approved by the Director of Parks, Recreation and Natural Resources. The park property as depicted on Exhibit B, attached hereto, shall not be mined, nor have unsuitable material or debris buried within the boundaries. All top soil shall remain on the dedicated land. The Developer shall work with the Minnesota Department of Transportation to amend the Highway 212 project boundaries and grading plan. The dedicated property must be large enough to incorporate the park plan as shown on Exhibit B attached hereto. The Developer is responsible for providing written approval from the Minnesota Department of Transportation for changes in the boundary for Highway 212 and amendments to end the grading plan as depicted on Exhibit B attached hereto prior to the release of the final plat, for that area. 13. STREET GEOMETRICS FOR CASCADE DRIVE: Prior to final plat approval for the area of Cascade Drive and West 82nd Street, Developer shall submit to the City Engineer and receive the City Engineer approval of a revised alignment of Cascade Drive to meet a center line radius of 300 feet of the north boundary of the plat and meet a center line radius of 200 feet for West 82nd Street at the East end. Upon approval by the City Engineer, Developer agrees to construct or cause to be constructed said improvements as listed above in accordance with the terms and provisions of Exhibit • attached hereto. 14. OFF-SITE GRADING PERMISSION FROM LANDOWNERS NORTII OF WEST 82ND STREET: Prior to grading permit issuance, the Developer's responsible for obtaining written approval from the landowners on the north side of W. 82nd Street, granting permission for grading on private property, if necessary. 15. VACATION OF STREET RIGHT-OF-WAY: Prior to final plat approval, Developer shall submit to the City Engineer and receive the City Engineer's approval of a revised plat drawing showing unnecessary street right-of-way and petition for vacation of same. 16. WETLAND DELINEATION APPROVED BY TIlE WATERSHED DISTRICT: Prior to grading permit issuance, Developer agrees to submit to the Watershed District and receive the Watershed District's approval of a wetland delineation for all wetland areas on the property. 17. GRADING AND DRAINAGE FOR BLOCK 3: Prior to final plat approval, Developer shall submit to the City Engineer and receive the City Engineer's approval of a revised grading and drainage plan within Block 3 which redirects drainage to the Streets, rather than to the north. 18. ACCESS TO TIlE GILK PROPERTY TO TIlE SOUTH: Prior to final plat approval, Developer agrees to submit for review and receive the Fire Marshal and Senior Planner.' approval of a plan which provides for access to the Gilk property during site constructio !,o{p • 19. • • Developer is responsible for obtaining written approval from the Gilk property and submit for City review prior to final plat approval. PUD WAIVERS: The City hereby grants the following waivers to City code requirements within the RM-6.5 Zoning District through the Planned Unit Development District Review for the property and incorporates said waivers as part of the PUD # 7-93: a. Waiver from the City code requirement for a public street and for a use of a private street as depicted on Exhibit B, attached hereto. b. Waiver from the allowable density in the RM-6.5 Zoning District from 6.7 units per acre to 10.64 units per acre for that area depicted on Exhibit B attached hereto. /,01 OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN CENTEX REAL ESTATE CORPORATION AND THE CITY OF EDEN PRAIRIE CENTEX DEERFIELD. THIS AGREEMENT, made and entered into as of July 20, 1993, by and between Duane Deiegard, Curtis Deiegard, Duane Jacques and Beverly Bollig, individuals, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance No. 24-93-PUD-7-93, changing the zoning of the Property owned by Owner from the Rural District to the Rl-9.5, Rl-13.5, RM-6.5 Districts, as more fully described in that certain Developer's Agreement entered into as of July 6, 1993, by and between Centex Real Estate Corporation, a Nevada Corporation, and City, Owner agrees with City as follows: 1. 2. 3. If Centex Real Estate Corporation, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. • If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. • ,.-, f1J,r {: ~ l . • DEVELOPER'S AGREEMENT CENTEX DEERFIELD COMMERCIAL TIllS AGREEMENT, made and entered into as of July 20, 1993, by Duane Delegard and Curtis Delegard, individuals, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETII: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on 21.8 acres and from Low Density Residential to Neighborhood Commercial on 3.66 acres, Planned Unit Development Concept Review on 94.15 acres, PUD District Review with waivers on 94.15 acres, Rezoning from Rural to RI-9.5 on 30.1 acres, Rezoning from Rural to RI-13.5 on 7.3 acres, Rezoning from Rural to RM-6.5 on 21.8 acres, Preliminary Plat of 94.15 acres into 323 lots, 7 outlots, and road right-of-way, all on 94.15 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the • Property;" • NOW, THEREFORE, in consideration of the City adopting Ordinance No. 24-93-PUD-7-93, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on June 1, 1993, plans dated June 1, 1993, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHffilT C: 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. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, stormwater treatment facilities, and erosion control for the Property. Developer shall submit design calculations for storm sewer and stormwater treatment facilities for review by the City Engineer. Treatment facilities shall be designed according to NURP Standards . 1100 Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, tho. improvements listed above in said plans, as approved by the City Engineer, in accordance willi Exhibit C, attached hereto. 4. DRIVEWAY ACCESS OFF DELL ROAD FOR NEIGHBORHOOD COMMERCIAL AREA: Prior to building permit issuance for the commercial area, Developer agrees to obtain approval from the Minnesota Department of Transportation for access to this site off Dell Road. The location of the driveway entrance is also subject to approval by the City Engineer. 5. BUILDING ARCHITECTURE FOR NEIGHBORHOOD COMMERCIAL AREA: Building architecture for the Neighborhood Commercial area as depicted on Exhibit B, attached hereto, is based on a requirement for a residential character design with similar roof pitches and exterior materials and colors as the area planned for the multiple family portion of the PUD as part of Exhibit B, attached hereto. 6. REZONING AND SITE PLAN REVIEW FOR THE NEIGHBORHOOD COMMERCIAL AREA: The Developer is required to return to the Planning Commission and City Council for review and approval of a rezoning from Rural to Neighborhood Commercial and Site Plan Review for the area depicted as Neighborhood Commercial as shown on Exhibit B, attached hereto. 7. 8. 9. EROSION CONTROL: Prior to grading permit issuance, Developer agrees to submit to tha City Engineer and receive the City Engineer's approval of a final grading and erosion contr,., plan containing erosion control practices as outlined in the PCA Manual called Protecting Water Quality in Urban Areas. DELL ROAD CONSTRUCTION: Developer acknowledges that the property benefits from the improvement of Dell Road between West 82nd Street, T.H. 212 and the construction of a watermain in Dell Road. Prior to the release of a final plat of the Property, Developer agrees to enter into an assessment agreement with the City for Dell Road improvements. The assessments shall be based on the cost to construct a 32 foot, collector road with storm sewer, sidewalk, trail and 8" watermain. ACCESS TO THE GILK PROPERTY TO THE SOUTH: Prior to final plat approval, Developer agrees to submit for review and receive the Fire Marshal and Senior Planner's approval of a plan which provides for access to the Gilk property during site construction. Developer is responsible for obtaining written approval from the Gilk property and submit for City review prior to final plat approval. • 11/0 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. CENTEX DEERFIELD 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 District (hereinafter "PUD-"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's • Agreement dated as of July 20, 1993, entered into between Centex Homes/Delegards, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-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-are justified by the design of the development described therein. D. PUD-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 PUD-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. 1'1 i, iii ' Section 6.. City Code Chapter I 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. • This Ordinance shall become effective from and after its passage and publication. Section 7. FIRST READ at a regular meeting of the City Council of the City of Eden prairie on the 1st day of June, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of July, 1993. ArrEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on ---------------- • • • Exhibit· A' • • PROPOSED LEGAL DESCRIPllON: That port of the East Half of the Southeast Quarter of Section 18, Township 116, Range 22, Hennepin County, Minnesota, that lies northerly of the following described line: Commencing at the northeast corner of said East Half of the Southeast Quarter; thence South 01 degrees 49 minutes 29 seconds East. along the east line of said East Half of the Southeast Quarter, a distance of 1653.84 feet to the point af beginning of the line ta be described; thence North 89 degrees 34 minutes 29 seconds West, a distance of 1345.25 feet to the west line of said East Half of the Southeast Quarter and said line there terminating. said point on the west line being 1641.77 feet southerly of the northwest corner of said East H.,lf of the Southeast Quarter. Together with that part of the West Half of the Southeast Quarter of Section 18, Township 116, Range 22, Hennepin County, Minnesota, lying northerly and easterly of the following described line: Commencing at the northeast corner of said West Half of the Southeast Quarter; thence on an assumed bearing of South 01 degrees 09 minutes 29 seconds West. along the east line of said West Half. a distance of 1283.24 feet to the point of beginning ~1.ne line to be described; thence South 88 degrees 48 minutes 16 seconds West, a distance of 257.99 feet; thence South 53 degrees 45 minutes 08 seconds West, a distance of 860.80 feet; thence North 07 degrees 55 minu tes 58 seconds East, a distance of 272.80 feet; thence North 08 degrees 24 minu tes 47 seconds West, a distance of 377.00 feet; thence North 73 degrees 01 minutes 40 seconds West, a distance 101.30 feet; thence South 74 degrees 14 minutes 40 seconds West, a distance of 302.10 feet, more or less, to the west line of said West Half of the Southeast Quarter and said line there terminating . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. CENTEX DEERFIELD A RESOLUTION APPROVING TIlE PLANNED UNIT DEVELOPMENT CONCEPT OF CENTEX DEERFIELD FOR CENTEX HOMESIDELEGARDS WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Centex Deerfield PUD Concept by Centex Homes/Delegards and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on June 1, 1993; • NOW, TIlEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, • Minnesota, as follows: 1. Centex Deerfield by Centex Homes/Delegards, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated May 21, 1993. 3. That the PUD Concept meets the recommendations of the Planning Commission dated May 21, 1993. ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. CENTEX DEERFIELD AN ORDINANCE OF TIlE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTIlER, AMENDING TIlE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTIlER TIlINGS, CONTAIN PENALTY PROVISIONS mE CITY COUNCIL OF mE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Dell Road and West 82nd Street, from Rural to Rl-13.5, RM-6.5, Rl-9.5; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsI John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) tf STATE OF ~[A!)@~©lJt% 1\ i\ DEPARTMENT METRO WATERS -~200 PHONE NO. 172-7910 July 15, 1993 Mr. Mike Franzen City of Eden Prairie 7600 E:cact!tive Drive OF NATURAL RESOURCES W~~~ER ROAD, ST. PAuL, MN 55106 FILE NO. Eden Prai~ie, Mi~nesota 55344 .RE: DENSITIES CENTEX DEERPIELD & MITCHELL ~~E (21-70P) SHORELAND DISTRICT Dear Mr. Franzen: We have reviewed the analysis for the proposed Cent ex Deerfi~ld development you submitted on June 7, 1993. This analysis was prepared as a follow up to ~he ~ay 1J, 1993 meeting with city, DN~ and Centex representatives. • The main purpose of the analysis was to examine e::ds-';;.ing and proposed densities in the Mitchell Lake Shoreland District relative to the State Shoreland Management regulations. The city was interested in eva.luating whether there were opportunities for' IIdensity s'Napping" 'Wi~hin thQ Shoraland District, • It was not clear from the analysis submitted whether the areas considered "unsuitable" for these types of dens! ty analyses (i. e. wetlands, bluffs I etc.)· had been subtracted from the acreage figures prior to the analysis. Based on our 6/29/93 telephone conversation, only the "suitable" land was included. 'Based on the June 7, 1993 analysis and background information, we find the proposed centex Deerfield development to be consistent with the state Shoreland Management regulations if flexibility is taken into account. The city·s flexibility request and proposed updated Shore land Management ordinance are currently being reviewed l:Iy DNR; we anticipate final approval within the next 60 days. Therefore, we will not object to the city allowing the current centex proposal to proc~ed. Please contact me at 172-79l0 should you have questions. Sincerely, CJ~ Ceil Strauss Area Hydrologist cc; Daniel Slake I cent9~c Ed Fick, Shoreland Hydrologist 111Lo AN EQUAL OPPORTUNITY EMPLOYER • • DEVELOPER'S AGREEMENT JIFFY LUBE THIS AGREEMENT, made and entered into as of July 20, 1993, by Danco Development Corporation, a Minnesota Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to Commercial Regional Service and Site Plan Review on 112 acre for the construction of a 2,300 sq. ft. Jiffy Lube Store, situation in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No._-_, Developer covenants • and agrees to construction upon, development, and maintenance of said Property as follows: • 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on June 15, 1993, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHmIT C: 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. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 1'711 4. LANDSCAPING AND IRRIGATION PLAN: Prior to the issuance by the City of any buildi~~ permit for the property, Developer agrees to submit to the Senior Planner and receive the Seni~ Planner'S approval of a detailed landscaping and irrigation plan for the property. Upon approval by the Senior Planner, Developer agrees to implement, or cause to be implemented such plans, as approved by the Senior Planner, in accordance with the terms and conditions of Exhibit C, attached hereto. 5. EXTERIOR MATERIALS: Prior to building permit issuance, Developer agrees to submit to the Senior Planner and receive the Senior Planner's approval samples of exterior materials to be implemented on the structure on the property. 6. 7. Upon approval by the Senior Planner, Developer agrees to implement, or cause to be implemented, such plans, as approved by the Senior Planner, in accordance with the terms and conditions of Exhibit C, attached hereto. MECHANICAL EQUIPMENT SCREENING PLAN: Prior to building permit issuance, Developer shall submit to the Senior Planner and receive the Senior Planner's approval of a mechanical equipment screening plan in accordance with City code. Upon approval by the Senior Planner, Developer agrees to implement, or cause to be implemented, such plans, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. . • REVISED REAR YARD SETBACK TO PARKING: Prior to building permit issuance, Developer shall submit to the Senior Planner and receive the Senior Planner's approval of a revised site plan with a 10 foot setback to parking to the rear property. Upon approval by the Senior Planner, Developer agrees to implement, or cause to be implemented, such plans, as approved by the Senior Planner, in accordance with the terms and conditions of Exhibit C, attached hereto. 8. RETAINING W ALL: Prior to building permit issuance, Developer shall submit to the Senior Planner and Chief Building Official and obtain the Senior Planner and Official's approval of detailed plans for retaining walls as indicated on the grading plan as depicted in Exhibit B, attached hereto. Said plans shall include details with respect to height, type of materials, and method of construction to be used for said retaining walls. Materials implemented by the Developer shall be of masonry construction similar to the materials used on the retaining walls on the WalMart Property to the west. Upon approval by the Chief Building Official and the Senior Planner, Developer agrees to implement, or cause to be implemented, said retaining walls, as approved by the Official and the Senior Planner, concurrent with construction on the property, and in accordance with the terms and conditions of Exhibit C, attached hereto. • rJil • • • 9 . UGHTING PLAN: Prior to building permit issuance, Developer shall submit to the Senior Planner and receive the Senior Planner's approval of a detailed lighting plan in accordance with the approved plan for the property. Developer agrees to use the same lighting fixtures as used on the Wal-Mart property to the west of this site. Upon approval by the Senior Planner, Developer agrees to implement, or cause to be implemented, said lighting improvements, as depicted on Exhibit B, in accordance with the terms and provisions of Exhibit C attached hereto. 10. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC TANKS: Prior to grading permit issuance, Developer agrees to submit to the Chief Building Official and obtain the Chief Building Official's approval of, plans for demolition and/or removal of existing structures, septic tanks, and wells on the property. Prior to such demolition or removal, Developer shall provide to the City a certified check in the amount of $1,000.00 to guarantee that the structures, well, and/or septic system have been properly demolished or removed the restoration of property to grade. City agrees to return said certified check to Developer after the demolition or removal is completed and after it is verified by the City that the structures, well, and/or septic system have been properly demolished or removed and that the property has been restored to grade. 11. HOOK UP TO PUBLIC UTILITIES: Concurrent with utility construction on the property, Developer agrees to provide for connection of public sanitary sewer and watermain to the proposed Jiffy Lube store as depicted on Exhibit B attached hereto. As part of utility construction, Developer agrees to abandon the existing 1" water service and install a 3" waterline to the proposed building. Upon approval by the City Engineer, Developer agrees to implement, or cause to be implemented, said utility improvements as indicated above, as depicted on Exhibit B, in accordance with the terms and provisions of Exhibit C, attached hereto. 12. CONSTRUCTION OF SIDEWALKS ALONG SINGLETREE LANE AND EDEN ROAD: Prior to building permit issuance, Developer shall provide a cash escrow or enter into an assessment agreement for the cost of construction of building a five foot wide concrete sidewalk along Singletree Lane and Eden Road. Said cash escrow or assessment agreement shall be in a form to be reviewed and approved by the City Engineer. 13. EASEMENT FOR CONSTRUCTION OF DOWNTOWN IMPROVEMENTS: Prior to building permit issuance, Developer shall convey the City with a 20 foot wide construction easement along Singletree Lane and Eden Road to allow the City to proceed with the construction of "downtown urban improvements" such as sidewalks, trails, lighting, benches, and landscaping. Developer shall submit a copy of the easement document for review and approval by the Senior Planner prior to building permit issuance. Developer shall provide proof of recording of said easement at Hennepin County prior to building permit issuance . I E :e) : I ! OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN JIFFY LUBE AND THE CITY OF EDEN PRAIRIE • JIFFY LUBE THIS AGREEMENT, made and entered into as of July 20, 1993, by and between Elroy E. Austin and Russell Mingle, individuals, 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 Ordinance No. _-_, changing the zoning of the Property owned by Owners from the Rural District to the C-Regional Service Zoning District, as more fully described in that certain Developer's Agreement entered into as of July 20, 1993, by and between Danco Development Corporation, a Minnesota Corporation, and City, Owner agrees with City as follows: 1. 2. 3. If Danco Development Corporation, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. • This Owner's Supplement shall be binding upon and enforceable against Owner, its successors, and assigns of the Property. If Owner transfers such Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. • !j~O • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. JIFFY LUBE 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 Commercial Regional 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 Commercial Regional 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, "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 dated as of July 20, 1993, entered into between Danco Development Corporation, and the City of Eden Prairie, and which Agreement are 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 15th day of June, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of July, 1993. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor • PUBLISHED in the Eden Prairie News on ____________ _ Exhibit A Jiffy Lube Tract B, Registered Land Survey No. 687, Files of Registrar of Titles, County of Hennepin . 11 ~?" • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. AND ORDERING THE PUBLICATION OF SAID SUMMARY JIFFY LUBE WHEREAS, an Ordinance was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of June, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of that Ordinance, 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 non-pareil, or six-point type, as defined in Minnesota Statute, Section 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 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on July 20, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROV AL FOR JIFFY LUBE FOR DANCO DEVELOPMENT CORPORATION JIFFY LUBE • WHEREAS, Danco Development Corporation has applied for Site Plan approval of the Jiffy Lube on 112 acre for construction of a 2,300 sq. ft. building on property located at Singletree Lane and Eden Road, to be rezoned from Rural to Commercial Regional Service by an Ordinance adopted by the City Council on July 20, 1993; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 24, 1993, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its June 15, 1993, meeting; NOW, TIlEREFORE, BE IT HEREBY RFSOLVED BY TIlE CITY COUNCn. OF TIlE C, OF EDEN PRAIRIE, that site plan approval be granted to Danco Development Corporation for construction of a 2,300 sq. ft. building, based on plans dated June 11, 1993, between Danco Development Corporation, and the City of Eden Prairie. ADOPTED by the City Council on July 20, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. JIFFY LUBE 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 ADOPfING BY REFRERENCE CITY CODE CHAPfER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land located at Singletree Lane and Eden Road, from Rural to Commercial Regional Service, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsI John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) //1 '7 ". ''''.! • v • • • Eden Prairie Ford 1993 Amendment SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO AGREEMENT, made and entered into as of July 20, 1993, by Eden Prairie Auto Properties, a Minnesota General Partnership, hereinafter referred to as "Developer" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City"; WHEREAS, the parties entered into a Developer's Agreement dated October 1, 1991, between Denwal Management and Denwal Realty and the City of Eden Prairie for Eden Prairie Ford, (hereinafter the "Developer's Agreement") for construction of an automobile dealership on 8.2 acres of land situated in Hennepin County, State of Minnesota, more fully described in Exhibit D, attached hereto and made a part here of with said 8.2 acres referred to as the "property" . WHEREAS, the parties entered into a Supplement to Developer's Agreement dated June 16, 1992 between Denwal Management and Denwal Realty and the City of Eden Prairie (hereinafter the "Supplement to Developer's Agreement) for construction of automobile dealership expansion, situated on 1.5 acres of land situated in Hennepin County, State of Minnesota, more fully described in Exhibit E attached hereto and made a part hereof with said 1.5 acres hereinafter referred to as the "property". WHEREAS, the Developer has applied to the City for Zoning District change from Rural to Commercial Regional Service and Site Plan Review on 4.5 acres; and a preliminary plat of 13.5 acres into one lot, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the Property"; WHEREAS, the parties desire to amend the Developer's Agreement for Eden Prairie Ford, dated October 1, 1991, for that portion of the property designated on Exhibit B and more fully described in Exhibit C attached hereto and made a part hereof, with said 4.5 acres hereinafter referred to as "the Amended Area." NOW, THEREFORE, in consideration of the City adopting Ordinance #24-93, Developer covenants and agrees to construction upon, development, and maintenance of the Amended Area as follows: 1. PLANS: Developer shall develop the property in conformance with the materials revised and dated June 15, 1993, reviewed and approved by the City Council on June 15, 1993, as depicted on Exhibit B subject to such changes and modifications as provided herein . 2. GRADING PERMIT ISSUANCE: Prior to grading permit issuance, the • Developer shall submit pursuant to City Code for review and-approval by the City 3. the following: a. $5,000 Performance Bond for review and approval by the City Engineer. This performance bond will serve as a guarantee for the construction of the grading plan and the NURP pond necessary for storm water quality. b. A security equal to 150% of the cost of the proposed benning, fencing, landscaping, irrigation, and lighting for review and approval by the Director of Community Development. The City will not release the securities required for Items A and B above until all improvements have been made pursuant to City Code in accordance with the approved plans, and until the final plat has been approved by the City and filed and recorded at Hennepin County. FILING OF FINAL ORDER #93-..l.L.l Developer agrees to file Final Order 93-1L-of the Board of Adjustments and Appeals on the property at Hennepin County and provide proof of filing to the City prior to the release of the final plat. 4. ON-SITE OUTDOOR DISPLAY AND STORAGE AREA: The on-site outdoor display and storage area as depicted in Exhibit F attached hereto, shall be required to meet the requirements of Item 12 "On-Site Outdoor Display and Storage Area" of the Developer's Agreement. 5. REAFF'IAAlING CONDITIONS OF DEVELOPER'S AGREEME1~T DATED OCTOBER 1, 1991 AND OWNERS SUPPLEMENT DATED JUNE 16, 1992: Developer agrees to and reaffirms all terms and conditions and accepts the obligation of "Developer" under the Developer's Agreement dated October 1, 1991, accepts the obligation of "Developer" under the Owner's Supplement dated June 16, 1992, except as inconsistent with or amended by this Supplement. Furthermore, all terms and conditions of the Developer's Agreement apply to this property as depicted on Exhibit B in their entirety except the following: a. Item #6, Retaining Wall b. Item #10, Exterior Materials c. Item #16, Final Order #90-16 • • • • • EDEN PRAIRIE FORD EXPANSION Exhibit C LEGAL DESCRIPTION That Part of Outlot A Menard Addition described as follows: Beginning at the southwest comer of said Outlot A thence North 79 degrees 05 minutes 49 seconds East assumed bearing along the southerly line of said Outlot A a distance of 270.00 feet; thence North 10 degrees 54 minutes 11 seconds West a distance of 271.74 feet; thence South 79 degrees 05 minutes 49 seconds West a distance of 210.90 feet to the west line of said Outlot A; thence South 1 degree 22 minutes 04 seconds West a distance of 278.09 feet to the point of beginning . /7,'J:7 EDEN PRAIRIE FORD -CAR STORAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 24-93 • AN ORDINANCE OF TIlE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING TIlE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTIlER THINGS, CONTAIN PENALTY PROVISIONS TIlE CITY COUNCIL OF TIlE 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 Commercial Regional 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 Commercial Regional Service District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivision 1, Subparagraph • 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, "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 dated as of July 20, 1993, entered into between Eden Prairie Ford -Car Storage, and the City of Eden Prairie, and which Agreement are 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 15th day of June, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of July, 1993. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on ----------------------------• .. ' • • • EDEN PRAIRIE FORD EXPANSION Exhibit C LEGAL DESCRIPTION That Part of Outlot A Menard Addition described as follows: Beginning at the southwest comer of said Outlot A thence North 79 degrees 05 minutes 49 seconds East assumed bearing along the southerly line of said Outlot A a distance of 270.00 feet; thence North 10 degrees 54 minutes 11 seconds West a distance of 271. 74 feet; thence South 79 degrees 05 minutes 49 seconds West a distance of 210.90 feet to the west line of said Outlot A; thence South 1 degree 22 minutes 04 seconds West a distance of 278.09 feet to the point of beginning . EDEN PRAIRIE FORD -CAR STORAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 24-93 AND ORDERING THE PUBLICATION OF SAID SUMMARY • WHEREAS, an Ordinance was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of June, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of that Ordinance, 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 non-pareil, or six-point type, as defined in Minnesota Statute, Section 331.07. c. That a printed copy of the Ordinance shall be made available for inspection by any person durin' 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 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on July 20, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • /.1~ J ) J J . • • • EDEN PRAIRIE FORD -CAR STORAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MlNNFSOTA ORDINANCE NO. 24-93 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MlNNFSOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFRERENCE 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: Summary: This ordinance allows rezoning of land located at Singletree Lane and Eden Road, from Rural to Commercial Regional Service, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: ATTEST: lsi John D. Frane City Clerk This Ordinance shall take effect upon publication. IslDouglas B. Tenpas Mayor PUBLISHED in the Eden Prairie News on the ________ _ (A full copy of the text of this Ordinance is available from City Clerk.) EDENPRAllUEFORD-CARSTORAGE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING SITE PLAN APPROV AL FOR EDEN PRAIRIE FORD -CAR STORAGE FOR EDEN PRAllUE FORD • WHEREAS, Eden Prairie Ford has applied for Site Plan approval of the Eden Prairie Ford -Car Storage on 4.5 acres for construction of parking area on property located at Singletree Lane and Eden Road, to be rezoned from Rural to Commercial Regional Service by an Ordinance adopted by the City Council on July 20, 1993; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its May 24, 1993, Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its June 15, 1993, meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CIT' OF EDEN PRAIRIE, that site plan approval be granted to Eden Prairie Ford for construction of a 4.5 acre parking area, based on plans dated May 21,1993, between Eden Prairie Ford, and the City of Eden Prairie. ADOPTED by the City Council on July 20, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • J1~3 • • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: Barbara Penning Cross, Landscape Architect~ July 15, 1993 DATE: SUBJECT: Approve Change Order No.1 for Miller Park Three changes in the Phase II contract for Miller Park are necessary. These changes increase the contract total $7,871.50. The changes are as follows: 1. The back flow preventer (RPZ valve) for the irrigation system was designed by an irrigation designer and made part of the contract specifications. The plumbing contractor who was to install the unit cautioned the City about the pipe size and thought maintenance problems would occur due to "water hammer" or vibrating pipes. After reviewing this information with the irrigation designer, he stated that the valve was at the very upper limit for water velocity and vibrating pipes could cause wear of the rubber rings. Future maintenance costs and unreliable equipment will eventually prove to be much more costly than the installation of the larger RPZ valve. The decision to upgrade the size of the RPZ at an additional cost of $11,434.50 was based on these factors. 2. An abandoned well was discovered on the playground area. The existence of this well was unknown and unforeseeable. The contractor sealed the well according to City and State standards. The cost of this work was $685. 3. Chain link fabric was specified over the dugouts. The intent of this fabric was to attach windscreens to provide shade within the dugouts. The contractor stated the framework supporting the chain link fabric and the fabric itself was not strong enough to handle winter snow loads. Staff is confident the windscreen fabric can be attached directly to the support framework. This fabric can easily be attached or taken down eliminating the snow load problem and the need for the chain link fabric. This results in a deduct to the contract of $4,248. The total cost for these Change Orders is $7,871.50. Bond referendum money for this purpose will be used to pay for the project. BPC:mdd 11~4 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. AUTHORIZING PAYMENT OF CERTAIN CLAIMS BY FINANCE DEPARTMENT WITHOUT PRIOR COUNCIL APPRO V AL BE IT RESOLVED, that the following types of claims may be paid by the Finance Department without prior approval by the City Council: Contracted items (utilities, rents, land, easements, construction, etc.) Payroll Liabilities Postage Petty Cash Licenses and Fees Schools and conferences and related travel expenses Refunds Entertainment Invoices which offer discounts or have interest added Payments to vendors not allowing charge accounts • Tickets paid by registration fees Employee expenses Motor vehicle registration Insurance Amounts due to other government agencies . Police "buy" money Any other item which the Finance Department has determined is in the best interest of of City to pay Liquor store inventory items Payments to comply with agreements which provide for a fixed time for payment ADOPTED by the City Council on July 20, 1993. Douglas B. Tenpas, Mayor ATTEST: • John D. Frane, City Clerk • • • MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: DATE: craig Dawson, Assistant to city Manager ~ July 15, 1993 SUBJECT: Award Contract for Public Address/Paging System for City Center Proposals for a public address/paging system for the City Center building were unsealed on June 28, 1993. This system will provide opportunities to broadcast messages and music throughout the City's and public areas of the building. Three firms submitted proposals for two optional arrangements. After further discussion, staff and the consultant decided that a more modest system which could be expanded would best meet the needs for the foreseeable future. The prices for the proposals are as follows: Sound Products Inc. Clarity Audio Systems Acoustic Price $ 6,544.41 6,727.19 7,548.01 Recommendation: It is recommended that a contract for this system be awarded to Clarity Audio systems per its proposal for $6,727.19. Clarity's system is slightly more expensive than that proposed by Sound Products Inc., but Clarity's serves the City's long-term interests better: it has modular components, and thus any modifications or future additions to the system will be less expensive. Clarity Audio Systems installed the sound system at the new Community Center ice arena and recently completed an installation at the Forest Hills Elementary School gymnasium. Both City and Eden Prairie school district staff have been satisfied with the company's performance. CJJ:cwd 1'73[; t. I U i'~ 2 5 1993 MN/DOT TP'{)2134-03 (5/BB) 52-126 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION Supp. 10 Contract No. ____ _ SUPPLEMENTAL AGREEMENT No. --...;...;..5_ Company PO Box 669 Black River Falls, WI 54615 Projecl: Location: Dell Road -TH 5 to Twilight Trail Eden Prairie, Minnesota SheaI_1_ of __ 2_ State Project SAP 181-108-03 Pro. No. Accounll.O. DeptJOlv. C.CD.1 C.CO.5 TYPE OF MO ( ) A41 ( ) Dated ____ Number ___ _ Entered by ________ _ TRANSACTION: A44 ( ) A45 ( ) M6 ( ) Dated __ _ Number _ ___ Entered by This contract is amended as follows: • WHEREAS: WHEREAS: WHEREAS: WHEREAS: This contract provides for, among~other things, the construction of De 11 Road from HWY 5 to Twil i ght . .Tra; 1; and ~ This construction includes turf establishment on construction embankment slopes; and The City of Eden Prairie finds it desirable to limit construction impacts to property owners along the new Dell Road by maintaining construction slope changes within the permanent Right of Way limits; and This results in embankment slopes too steep to mow safely. NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD THAT: 1. Seed .mixture 1000 wiii be used on embankment siopes too steep to mow as determined by the Engineer. 2. Wood fiber blankets will be used in place of mulch where disc anchoring of mulch is unattainable as determined by the Engineer. APPROVED: Commissioner of Administration 8y _____ _ Dated _____ _ APPROVED: Commisisoner of Finance 8y _____ _ Dateu..d ____ _ Original Contract I--_____ ~ Dated t, -~/-13-===-~~+-L-~:L!::=;""':; Approved as to form and execution Dated (.rZ3~'73 ~~~~~~~ Dated __ _ . District Engineer Assistant Anorney General Dated __ _ Agency Head . ... .~. (. MN/DOT TP~2134-03 (5/88) STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION 52-126 Supp. to Contract No. ____ _ SUPPLEMENTAL AGREEMENT No. 5 Sheet-L of 2 Federal Project: Project No.: Lunda Construction Company SAP 181-108-03 Address: Location: PO Box 669 Black River Falls, WI 54615 Account 1.0. DeptJDiv. C.CD.1 TYPE OF MO ( ) A41 ( ) Dell Road -TH 5 to Twilight Trail Eden Prairie, Minnesota Dated ____ Number ___ _ Entered by ________ _ TRANSACTION: AM ( ) A45 ( ) A46 ( ) Dated __ _ Number ____ Entered by _______ _ This contract is amended as follows: ESTIMATE OF COSTS _ ....... INCREASE ITEM NO. ITEM UNIT QUANTITY COST AMOUNT • Seed, Mixture 1000 LB 38 . $9.77 $ 371.26, 2575.502 2575.523* Wood Fiber Blankets SY 4,600 1.67 7,682.00 TOTAL INCREASE $8,053.26 * First 220 SY to be supplied at no additional cost as per original plan. Original plan assumed 220. SY incidental to seading. 0033.T4W APPROVED: Commissioner of Administration 8y _____ _ Dated ...... ____ _ APPROVED: Commisisoner of . Finance By _____ _ Datedu.. ____ _ Original Contract I/R t--____ ~Dated6-J1-1J ~ f?0~ Approved as to form Dated~-Z3-~3 ~c:tL~ and execution # Con~,~~ h1 -- Dated /Ir.'/U,Ufltt!441 J .J}iDistnct Engine«-~,1'n;-C>A/b Dated __ _ Ass.istant Anorney General Agency Head • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. BRUNSWICK BOWL RESOLUTION APPROVING mE PRELIMINARY PLAT OF BRUNSWICK BOWL FOR BRUNSWICK CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Brunswick Bowl for Brunswick Corporation dated July 16, 1993, consisting of 23 acres, 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 20th day of July, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. BRUNSWICK BOWL A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BRUNSWICK BOWL FOR BRUNSWICK CORPORATION WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and, WHEREAS, the City Planning Commission did conduct a public hearing on the Brunswick Bowl PUD Concept by Brunswick Corporation and considered their request for approval for development (and waivers) and recommended approval of the requests to the City Council; and, WHEREAS, the City Council did consider the request on July 12, 1993; NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Brunswick Bowl, being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans dated July 16, 1993. 3. That the PUD Concept meets the recommendations of the Planning Commission dated July 12, 1993. ADOPTED by the City Council of the City of Eden Prairie this 20th day of July, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk r7UO • • • • Exhibit • A" • • LEGAL DE~CRIPTION PARCEL'!: That part of the North 1/2 of tbe Northwest Quarter of Section 14, Township 116, IUnge 22 described as follows: Commencing at a point on the East line of said quarter section 76.2 feet North of the Southeast comer lllereof; thence South along said line 76.2 feet; thence Wc,,'t along the Soulll line of the North 112 of said Quarter section 700 feet; tbence Easterly to bcgiruting,. according to the Government Survey thereof. PARCEL 2: That part of the following parcels of land: That part of the North 590 feet of the South 1/2 of the Northwest Quarter of Section 14, Township 116, Range il, lying Easterly of the center line of the two 120 foot permanent easements created by' E.a.sanent Document No. 1486616, Files of the Registrar of TItles, Hennepin CoU01y, Minnesota, except the South 400 feet 9f the East 200 feet thereof and except the South 50 feet of the West 670 feet feet of the East 870 feet of tIie North 590 feet of Ule South 112 of the Northwest Quarter of said Section and except the South 171 feet of tbe North 190 feet of the East 220 feet of die-South 112 of the NortJlwest Quarter of said Section. TIl.1t part of a strip of land being the NortJl 50 feet of tIlat part of tllC South 1/2 of the Northwest Quarter of Section 14, Township 116, Range 22, lying South of 111e North 590 feet and Easterly of the center liIle of 111c two 120 foot permanent easements created by. Easement Documcnt No. 1486616, as rcfonncd by Order Doc No 1915513, Files of the Registrar of Titles, Hcnnepin Count y , Minnesota, except the East 87~ feet tbcrrof, according to tllC Govenlment Survey thereof, which lie Northerly of the SouOierly right of way line of Sinr,letree Lane as described in Document No. 1665816, Files of tlle Rcr,istnr of TiOes, County of Hennepin, according to the U.S. Govcrnment Survey tJlercof, JIellnq,in County, Minnesota . PARCEL 3: The South 171 feet of tile Nor1h 190 fect of the E..1~t 220 fect of thc Soulb 112 of tlle Northw~ Quarter of Section 14, Township 116, lUnge 22. PARCEL 4: That part of tJlC following parcels of land: TIle SOUtll 50 feet of tilC West 670 fCd of the E.1St 870 feet of thc North 590 feet of the South 112 of the Northwest Quarter of Section I·~wnship 116, R.1.nge 22, according to llle United Slates Govcrnment Survcy thclrof. TIut part of tlle South 1/2 of the Northwcst ()uarter of Section 14, Township 116, R.1.nge 22 lying SOUtll of Ule NortJl 590 feet therrof cxcq)t that paIt tllercof embraced in Registered Land Survey No. 087 and cxcqJt tlul part of Ole North 50 feet of above described l.and lying West of the East 870 feet of said.Northwest Quarter except that part thereof embraced within the pL1t of TIle Preservc Commercial Park North and except that part of tllC above described property lying West of the center line of Prairie Center Drivc as said center line is described in Doc. No. 1486615, as n:fomled by Ordcr Doc. No. 1915515, 3-15-90, , T:'ile:> of Registrar of Titles, accoruing to thc Govenlmcnt Survey,tJlcreof, which lie:> ~orth~.r1y of tlle Nortl,lcrly right of way line of Singletree Lane as descnbcd In Document No. 1693502 and Document No. 1693503, Files of tlle Registrar of Titles, County of Hennepin. Parcel A: South 150 feet of North 340 feet of East 200 feet of Southeast 1/4 of Northwest 1/4. Seclion 14, Township 116, Range 22. (118018), Torrens Cere No. 705881 Parcel C: Tract A, Registered Land Survey No. 6R7, Files of Registrar of Titles, County of Hennepin. and East 50 feet of South 50 feel of West 720 feet of East 870 feet of North 590 feet of South 1/2 of Northwest 1/4 of Scction 14. Township 116, Range 22. (1/8042), Torrens Cerl. No. 705H82 Parcel D: South 200 feet of North 540 feet of cast 200 feet of Southeast . 1/4 of Northwest 1/4 of Section 14, Township 116, Range 22. (#8034), Torrens Cert. No. 705883, ( ( STAFF REPORT • TO: Planning Commission FROM: Donald R. Uram, Planner THROUGH: Chris Enger, Director of Community Development DATE: July 9, 1993 SUBJECT: Brunswick Family World APPLICANT: Brunswick Corporation FEE OWNER: City of Eden Prairie LOCATION: North of Singletree Lane, opposite Wal-Mart REQUEST: 1. PUD Concept Review on 23 acres. 2.· PUD District Review with waivers on 5 acres. • 3. Preliminary plat of 23 acres into 4 lots. 4. . Zoning District Change from. Rural to Commercial Regional Service on 5 acres. • 11L/~ ( ( • W.I:9 TH ST. .... '\=' SITE • ;~nniTiON I I , . .'. \"' ... ..... .... .................. ».-: .. '.' .. ...... .....~ "". '; LOCATION MAP • ( starr Report Brunswick Family World July 9, 1993 EDEN PRAIRIE MARKETCENTER ( The primary goal for development of the Eden Prairie Marketcenter is to "Develop a combination of land uses which serve as a commercial service and recreational focal center for the community of Eden Prairie. " An additional goal of the Marketcenter is to establish a clear, central, identifiable architectural "theme" that is expressed in site work (i.e. landscaping, paving, signs, lighting, etc.), exterior materials and building architecture. The purpose of these goals are to help the City achieve a distinctively designed, cohesively coordinated downtown which serves Eden Prairie. The Brunswick Family World helps to achieve these goals in the following ways: 1. It begins to establish the recreation/entertainment aspect of the Marketcenter. With this development, Staff anticipates additional recreation/entertainment uses such as restaurants being attracted to the area. • 2. The site plan and building architecture is consistent with what is developed in the area • furthering the cohesiveness of the development. For instance, building materials and colors are similar to those used on Wal-Mart and the Flagship Athletic Club, decorative site lighting is the same as Wal-Mart's, and landscaping will be similar throughout the entire project site. The City will continue to recommend that all projects developed in the area be consistent with the types of design details established by the existing buildings and the Marketcenter Design Framework Manual. GUIDE PLAN The property is guided for Regional Commercial land uses and currently zoned Rural. Adjacent parcels to the east, the west and the south are also guided Regional Commercial and developed with Regional Commercial land uses. The Guide Plan indicates Industrial to the north which is the location of Rosemount Engineering. Brunswick Corporation is requesting a zoning district change from Rural to Commercial Regional Service to allow for the construction of a 44,872 square foot family recreation center . • • • • ( ( Staff Report Brunswick Family World July 9, 1993 LAND USE The location of this project within the Eden Prairie Marketcenter adjacent to the Flagship Athletic Club, Wal-Mart, the Eden Prairie Center and the Purgatory Creek Recreation Area makes this location very attractive for a family recreational facility. The proposal submitted by Brunswick includes a state-of-the-art 40 lane bowling facility and Family World Pizza, a combination 240 seat theme restaurant and children's recreation center known as Kids' Zone. Family World Pizza will feature arcade games, mini-rides and animated stage shows. The Kids' Zone will house a three-level indoor playpark designed for children 11 years old and under with slides, tunnels, ball tanks and a special area for small children. PRELIMINARY PLAT/SITE PLAN 1. The preliminary plat depicts the subdivision of 22.96 acres into 4 lots. Lot 2, the location of the Brunswick Family World is a 5.0003 acre site. Lot 3 is the location of the new water tower containing .56 acres. Lots 1 and 4, containing approximately 17.3 acres are reserved for future development. The westerly portion of Lot 1 containing about 5.8 acres is the proposed location of the new Bachman's facility. 2. Brunswick Corporation is proposing a 44,872 sq. ft. Brunswick Family World on a 5.0003 acre site at a base area ratio (BAR) of 20.6%. The City code allows 20%. Brunswick is requesting a PUD waiver to allow them to construct the facility 1,310 square feet larger than what it is allowed by City code. 3. The parking requirement for this project was calculated based upon the total number of seats within the facility. This includes 300 seats in the bowling alley, 57 seats in the lounge, and 270 seats in the Family World Pizza, for a total of 627 seats. Based on the Code requirement of 1 space for every 3 seats, a total of 209 parking spaces are required. The plan depicts 308 parking spaces. 4. Because Eden Prairie's code does not specifically address parking for bowling centers, Staff reviewed ordinances from other communities. A typical requirement is 5 parking spaces per lane. Using this figure, a 40 lane bowling center would require 200 parking spaces. In addition, another 109 parking spaces are required for the Family World Pizza restaurant and the lounge for a total of 309. Staff is comfortable that the parking provided will be adequate to meet the needs of the project. Building and parking areas meet the minimum setback requirements for the C-Regional Service Zoning District with the exception of setback to parking along both the east and west property lines. Because of the shared access along both property lines, the setback ( starr Report Brunswick Family World July 9, 1993 ( to parking does not meet the 10 foot code requirement. This is typical in areas where there are shared driveways. A waiver through the PUD District Review is necessary to allow this to occur. 5. Access to this site will be from Singletree Lane where two median cuts exist for full access. The primary access will be located directly opposite the main access into Wal- Mart and a secondary access along the eastern property line. Both driveways are designed as shared driveways which will provide access to the adjacent parcels. GRADING Elevations on this site range from a high point of 894 along the north property line and a low point along Singletree Lane at the 870 contour elevation. This site was previously graded and there are no significant trees on the property. There is a 14 foot high stockpile on the property next to Singletree Lane which will be moved with this project. The City intends to move the material along the roadways in this area for berming. • The majority of the grading required for this proposal is for building pad and parking lot construction. The building pad has a floor elevation of about 878 and will be tucked into the hillside at the 884 contour elevation. The purpose of this is to use the building as part of a • retaining wall. There is a retaining wall section to the west measuring up to 10 feet in height which will allow for the construction of the parking lot. A berm is provided along Singletree Lane ranging in height from 0 to 5 feet. The proponent will be grading and constructing both driveways with this project. The City has agreed to pay for one-half the construction costs of the driveways . . UTILITIES Water and sanitary sewer services are available to this site. There is an existing 8 inch water line and an 8 inch sanitary sewer line within Singletree Lane. These services will be extended to the north to service the property. Storm water runoff is proposed to be collected in a catch basin system within the project and temporarily discharged into the existing storm sewer system in Singletree Lane. Ultimate discharge will be to a NURP pond designed to treat storm water runoff from this site. The City is in the process of designing the NURP pond which is located at the intersection of Prairie Center Drive and Singletree Lane. This NURP pond will be constructed by the City starting either this fall or next spring. The City is also analyzing the possibility of constructing a NURP pond at the outlet of the Singletree Lane system within the Purgatory Creek Recreation Area . • • • • ( Staff Report Brunswick Family World July 9, 1993 ARCHITECTURE ( The Brunswick Family World is designed as an L-shaped building and is approximately 240 feet wide and 220 feet deep. The building is 22 feet in height and has a 5 foot metal panel on the roof to screen mechanical equipment. Because of the size of the structure, the architect has attempted to provide architectural relief on all building elevations. The building is designed with special brick work including circular accent brick detailing like that on the Wal-Mart and the Cub building, soldier course accent bands, pilasters and metal canopies over the entry ways. Primary building materials include face brick on the majority of the building with rock face block accent bands along the base of the building. Brunswick has agreed to match the colors of the other buildings in the area including Wal-Mart and the Flagship Athletic Club. Building material colors and samples will be available at the meeting. LANDSCAPING Based on the size and the height of the building, 290 caliper inches of plant material are required for landscaping. The landscape plan provides 240 caliper inches of material and 75 caliper inches of ornamental trees for a total of 315 caliper inches. The amount of landscaping planted on the site meets the intent of the City ordinance. The reason for planting ornamental trees is to be in conformance with NSP's policy for planting lower height trees under power lines. Irrigation is provided to help ensure that the plant materials survive. Because this is the first project in the area, the landscape design for this project shall be repeated on the west and east sides which will add consistency throughout the 23 acre project site. LIGHTING Site lighting on the project will be combination of shoebox fixtures measuring 30 feet in height and decorative lights like those used at Wal-Mart and Green Mill. The decorative lights will be used at the entrances to the project and in front of the building consistent with the Wal-Mart design. Decorative bollards will also be used in front of the building. SIGNING Brunswick Corporation is proposing three building signs and a monument sign along Singletree Lane to identify the project. The wall signs identify the Brunswick Eden Prairie Lanes, Family World Pizza and the Kid's Zone. The proposed sign size information has been submitted and meets City code requirements. Additional details including color and letter style have not been submitted and are required prior to the City Council meeting . \141 ( Staff Report Brunswick Family World July 9, 1993 PEDESTRIAN SYSTEMS ( As part of the TIF improvements for this area, sidewalks will be constructed along both sides of Singletree Lane. The design of the sidewalks was originally done in the design framework manual for the Marketcenter area and will be further refined as part of a detailed design project currently underway. Brunswick is required to pay the City for a 5-foot concrete sidewalk along their street frontage similar to what Wal-Mart did. This money will be used by the City for the construction of special design improvements including sidewalks, street lights, benches and trash receptacles. Internal connections are made to the building at the main access drive. This internal pedestrian connection along with a 12 to 15 foot pedestrian plaza in front of the building will allow for circulation within the project. The overall design will allow for pedestrian circulation along the fronts of future buildings and around the Water Tower Plaza area. STAFF RECOMMENDATION Staff recommends approval of a PUD Concept Review on 23 acres, PUD District Review with waivers on 5 acres, Preliminary plat of 23 acres into 4 lots, and Zoning District Change from • Rural to Commercial Regional Service on 5 acres based on plans dated July 7, 1993, the Staff • Report dated July 9, 1993 and subject to the following conditions: 1. Prior to Council review, proponent shall: a. Submit a comprehensive sign package for the project detailing colors and letter styles. c. Submit building material samples and colors. 2. Prior to grading permit issuance, proponent shall: a. Stake the grading limits with an erosion control fence. b. Notify the City and Watershed District at least 48 hours in advance of grading. 3. Prior to final plat approval, proponent shall: a. Submit detailed storm water runoff and erosion control plans for review and approval by the Watershed District. \lLfb • • • • ( ( Staff Report Brunswick Family World July 9, 1993 b. Submit detailed storm water runoff, utility and erosion control plans for review and approval by the City Engineer. 4. Prior to building permit issuance, proponent shall: a. Pay the cash park fee of $2,965 per acre. b. Pay the City the estimated construction cost of a 5-foot concrete sidewalk, 400 feet in length in lieu of constructing the required sidewalk along the Singletree Lane frontage. This sidewalk will be constructed by the City . 1 \14~ " B. • • • Planning Commission Approved Minutes 6-28-93 WEBBER ADVERTISING by Eden Trace Corporation. Request for Zoning District Amendment in the 1-2 Park Zoning District on 4.56 acres, Site Plan Review in the 1-2 Park Zoning District on 4.56 acres, Preliminary Plat on 4.56 acres into 2 lots and Street frontage variance to be reviewed by the Board of Appeals and Adjustments. Location: Martin Drive. Franzen reported that this property was zoned in 1972 but nothing was built on the property. Mark Undestad, proponent, stated that he wanted to put the property back into 2 separate lots for the construction of2 office-warehouse facilities. One building would be occupied by Webber Advertising and the second building would be used by a silk screen company. Schlampp asked how the old building plan was set. Undestad replied that the lot could not be split to allow for 200 feet of street frontage for each building. Schlampp asked if other buildings on this street had 100 feet street frontage. Franzen replied yes. Undestad replied that both buildings would be architecturally the same and a larger green space would be provided than other sites in the area. Franzen reported that Staff recommended approval of the project. MOTION 1: Clish moved, seconded by Clinton to close the public hearing. Motion carried 7-0-0. MOTION 2: Clish moved, seconded by Clinton to recommend to the City Council approval of the request of Eden Trace Corporation for Zoning District Amendment in the 1-2 Park Zoning District on 4.56 acres based on plans dated June 25, 1993 and subject to the recommendations of the Staff Report dated June 25, 1993. Motion carried 7-0-0. MOTION 3: Clish moved, seconded by Clinton to recommend to the City Council approval of the request of Eden Trace Corporation for Site Plan Review in the 1-2 Park Zoning District on 4.56 acres based • on plans dated June 25, 1993 and subject to the recommendations of the Staff Report dated June 25, 1993. Motion carried 7-0-0. MOTION 4: Clish moved, seconded by Clinton to recommend to the City Council approval of the request of Eden Trace Corporation for Preliminary Plat of 4.56 acres based on plans dated June 25, 1993 and subject to the recommendations of the Staff Report dated June 25, 1993. Motion carried 7- 0-0. MOTION 5: Clish moved, seconded by Clinton to recommend to the City Council approval of the request of Eden Trace Corporation for Street frontage variance to be reviewed by the Board of Appeals and Adjustments based on plans dated June 25, 1993 and subject to the recommendations of the Staff .. Report dated June 25, 1993. Motion carried 7-0-0.' '. "'-.:' 1"1:;0 WEBBER ADVERTISING CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT OF WEBBER ADVERTISING FOR EDEN TRACE CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Webber Advertising for Eden Trace Corporation dated July 16, 1993, consisting of 4.8 acres, 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 20th day of July, 1993. ATTEST: John D. Frane, City Clerk Douglas B. Tenpas, Mayor J ' 1'1 ... ~ , . . , ;-, ; . . ..., • • • ( STAFF REPORT • TO: THROUGH: FROM: DATE: SUBJECT: APPLICANTI FEE OWNER: LOCATION: REQUEST: • • ( Planning Commission Chris Enger, Director of Community Development Michael D. Franzen, Senior Planner Iune 25, 1993 Webber Advertising Mark Undestad North of Martin Drive, west of Mitchell Road 1. 2 . 3. 4. Zoning District Amendment within the 1-2 Park Zoning District on 4.56 acres. Site Plan Review in the 1-2 Park Zoning District on 4.56 acres. Preliminary Plat of 4.56 acres into 2 lots. Street frontage variance to be reviewed by the Board of Appeals and Adjustments . 1 ) BLVD ~NC III U W(OGr-y ~ "ALE C.OURT GR!£N VEW .~ 9110 WATER PLANT PUBLIC SAFETY 161'~ Til 6 1'\1 R 22M I " , , " ",' " ;)'1<:)' ~/~ $~ ~/<Q I , I • • • starr Report Webber Advertising June 25, 1993 BACKGROUND ( ( This site is part of a 1970 Edenvale Industrial Park Planned Unit Development. In 1972 this 4.5 acre site was rezoned from I-General to 1-2 Park and a Preliminary Plat was approved subdividing the property into 2 lots. In 1984 the City approved a Preliminary Plat which combined these two lots into one lot and a site plan was approved for a 70,000 sq. ft. Industrial building. This building was not built. PRELIMINARY PLAT The preliminary plat depicts the subdivision of a 4.5 acre site into two lots. Proposed Lot 1 is 2.4 acres and proposed Lot 2 is 2.1 acres. The minimum lot size in 1-2 Park Zoning District is 2 acres. The 1-2 Park Zoning District has a minimum street frontage requirement of 200 feet. Proposed Block 2 is 277 feet. Proposed Lot 1 is 100 feet. This will require that the City grant a variance for a street frontage from 200 feet to 100 feet for proposed Lot 1. The granting of a variance for a street frontage less than 200 feet would not be out of character with other lots in the area which have previously been granted street frontage waivers in the late 1970's. The variance request is reasonable since the site is being developed at an overall base area ratio of .18. This is low considering the zoning district would allow up to a .3 base area ratio. SITE PLAN The site plan depicts the construction of 35,000 sq. ft. of Industrial building. The building on proposed Lot 1 is 18,000 sq. ft. at a .17 base area ratio. The building on Site 2 is 17,000 sq. ft. at a base area ratio of .19. Both buildings meet the required front, rear and side yard setbacks for the 1-2 Park Zoning District. The total parking required for both buildings is 99 parking spaces. A total of 116 parking spaces is shown on the site plan. Since there is a common driveway between the properties, the owners must enter into a cross- access and maintenance agreement. 116i Staff Report Webber Advertising June 25, 1993 GRADING ( ( Approximately 3/4 of the 4.5 acre site will be graded to construct the proposed building, parking and pond. This site was previously graded in 1972 as part of the original rezoning of the property and the construction of Martin Drive. As part of the grading on this site, there will be fill within the 100 Year Flood Plain which is at elevation 841. The City code requires that fill proposed in a flood plain area be approved by the Watershed District. Bob Obermeyer of the Riley Purgatory Creek Watershed District has indicated that the fill within the 100 Year Flood Plain is acceptable since the runoff storage provided in the pond compensates for the amount of fill proposed within the flood plain. Grading will fill portions of two wetlands on site. The wetland areas have not been field delineated. Mitigation for fill within the wetland areas must be approved by the Watershed District and the Army Corps of Engineers. BUILDING ARCHITECTURE • The 1-2 Park Zoning District indicates that brick, stone, glass, and concrete if applied with a texture, rock face block, and smooth face concrete block if scored twice are acceptable exterior • building materials. The building as proposed contains glass, rock face block, and smooth faced scored concrete block. As long as the concrete block is scored twice, it will be an acceptable building material. The proposed rooftop mechanical equipment will be screened with a prefinished metal panel. This meets City code requirement. LANDSCAPING The amount of landscaping required for this project is based upon a caliper inch requirement according to building square footage which is 110 inches, and screening of parking areas. The plan as proposed meets the caliper inch requirement. The proposed conifer plantings and placement of the buildings screens parking areas from Martin Drive. SHORELAND ORDINANCE The Shoreland Ordinance is defined as 300 feet from the center line of Purgatory Creek or the landward extent of the flood plain. This site is over 300 feet from the center line of Purgatory Creek, however, there is 1 00 Year Flood Plain on the property. • • • • starr Report Webber Advertising June 25, 1993 c ( Since the site is not an abutting lot within 150 feet of the center line of Purgatory Creek, the lot size requirements of the Shoreland Ordinance do not apply in this case. The maximum impervious surface allowed in the shoreland is 30 %. The impervious surface within the shoreland area is 24%. PURGATORY CREEK MASTER PLAN In 1975 the City approved a master plan called The Purgatory Creek Study. The study analyzed natural conditions on either side of Purgatory Creek throughout the Community and made recommendations for development that impacted the corridor. One of the policies of the Purgatory Creek study was the establishment of a conservancy line which is shown on the grading plan. The Purgatory Creek study defines the conservancy line as generally a -no-build" area. The City has allowed grading and parking in the Conservancy Area provided the impacts of the grading and the parking areas are mitigated. There is parking and a sedimentation-flood plain storage pond proposed in the Conservancy Area. Portions of the existing low land vegetation will be retained on the golf course side of the project to the north, but most of the low land vegetation would be removed with the construction of the pond. The Staff would recommend that the slopes on the south side of the ponding area be planted with low land vegetation to screen the parking areas. UTILITIES Sewer and water service can be extended to both buildings by connection to existing sewer and water along Martin Drive. All storm water runoff from this site will be channeled in to the ponding area, where it will be pretreated for discharge into the wetland area tributary to Purgatory Creek. STAFF RECOMMENDATION The Planning Staff would recommend approval of the Zoning District Amendment within the 1-2 Industrial District on 4.56 acres, Site Plan Review on 4.56 acres and Preliminary Plat of 4.56 acres into 2 lots based on plans dated June 25, 1993, subject to the recommendations of the Staff Report dated June 25, 1993 and subject to the following conditions: 1. Prior to review by the City Council the proponent shall: 115(0 Staff Report Webber Advertising June 25, 1993 ( ( a. Modify the landscape plan to depict a mixture of lowland shrubs and overs tory trees around the proposed ponding area to provide screening of the parking areas from Purgatory Creek. 2. Prior to final plat approval, the proponent shall: a. Provide detailed stormwater runoff, utility and erosion control plans for review by the City Engineer. b. Provide detailed stormwater runoff, erosion control, wetland delineation and wetland mitigation plans for review and approval by the Watershed District. 3. Prior to building permit issuance, the proponent shall: a. Pay the appropriate cash park fee. • b. Notify the City and Watershed District at least 48 hours in advance of • grading. c. Provide examples of exterior building materials for review. 4. Apply for and receive Board of Appeals and Adjustments approval for the street frontage variance. • JULY 20.1993 .2872 FEDERAL RESERVE BANK PAYROLL 06-35-93 SAVINGS BONDS 450.00 2873 FIRST BANK EDEN PRAIRIE PAYROLL 06-25-93 86001.91 12874 GREAT-WEST LIFE & ANNUITY PAYROLL 06-25-93 7382.00 12875 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 06-25-93 CHILD SUPPORT DEDUCTION 280.00 12876 HENN CTY SUPPORT & COLLECTION SVC PAYROLL 06-25-93 CHILD SUPPORT DEDUCTION 225.69 12877 ICMA RETIREMENT TRUST-457 PAYROLL 06-25-93 3101.46 12878 INTERNAL REVENUE SERVICE PAYROLL 06-25-93 32.00 12879 INTL UNION OF OPERATING ENG JULY 93 UNION DUES 1270.00 12880 MN DEPT OF REVENUE PAYROLL 06-25-93 298.00 12881 MN STATE RETIREMENT SYSTEM PAYROLL 06-25-93 50.00 12882 MN TEAMSTERS CREDIT UNION PAYROLL 06-25-93 25.00 12883 EXECUTIVE DIRECTOR-PERA PAYROLL 06-30-93 100.00 12884 EXECUTIVE DIRECTOR-PERA PAYROLL 06-25-93 38996.35 12885 UNITED WAY PAYROLL 06-25-93 206.00 12886 U S POSTMASTER U S ZIP CODE BOOK-CITY HALL 15.00 12887 MINNESOTA TWINS TICKETS-SPECIAL TRIPS & EVENTS/FEES PAID 120.00 12888 UNIVERSITY OF MINNESOTA CONFERENCE-ASSESSING DEPT 345.00 12889 PRIDE OF THE LIONS MARCHING BAND ENTERTAINMENT-STARING LK CONCERT SERIES-200.00 HISTORICAL & CULTURAL COMMISSION 12890 GIANTS RIDGE LODGING FOR MOUNTAIN BIKE TOUR-OUTDOOR 340.80 CENTER PROGRAM/FEES PAID 12891 UNIVERSITY OF MINNESOTA CONFERENCE-ASSESSING DEPT 425.00 12892 MN RECREATION & PARK ASSN CONFERENCE-AQUATICS PROGRAM 175.00 12893 MN RECREATION & PARK ASSN CONFERENCE-AQUATICS PROGRAM 30.00 12894 UNIVERSITY OF MINNESOTA CONFERENCE-ASSESSING DEPT 200.00 12895 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION 18.50 .2896 MN DEPT OF TRANSPORTATION COMPUTER LISTING OF AIRCRAFT REGISTRATION 25.00 FOR MINNESOTA 12897 METROPOLITAN AIRPORTS COMMISSION PHOTOCOPYING-COMMUNITY DEVELOPMENT DEPT 5.25 12898 NORTHERN STATES POWER CO SERVICE 1160.88 12899 IAN ESSEN UNIFORMS-WATER DEPT 67.97 12900 BRAD WRIGHT STUDIOS SIGNS-4TH OF JULY CELEBRATION 248.69 12901 BOB THOMAS ENTERTAINMENT-STARING LK CONCERT SERIES-500.00 HISTORICAL & CULTURAL COMMISSION 12902 KID SONG AND COMPANY ENTERTAINMENT-STARING LK CONCERT SERIES-250.00 HISTORICAL & CULTURAL COMMISSION 12903 TRUSTEE MPI'F ENTERTAINMENT-STARING LK CONCERT SERIES-1824.00 HISTORICAL & CULTURAL COMMISSION 12904 COOKIES BY DEB EXPENSES-CITY COUNCIL 7.99 12905 PETTY CASH EXPENSES-CITY HALL/SENIOR CENTER 62.92 ADAPTIVE RECREATION PROGRAM 12906 JASON-NORTHCO L P #1 JULY 93 RENT-LIQUOR STORE 5721.17 12907 SUPPLEES 7 HI ENTER INC JULY 93 RENT-LIQUOR STORE 5083.21 12908 EAGLE WINE CO WINE 1502.84 12909 GRIGGS COOPER & CO INC LIQUOR I 19421.61 12910 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE 21717.63 12911 PAUSTIS & SONS CO WINE 759.80 12912 THE WINE COMPANY WINE 213.50 12913 ED PHILLIPS & SONS CO LIQUOR & WINE 14242.28 12914 PRIOR WINE CO WINE 4392.54 12915 QUALITY WINE & SPIRITS CO LIQUOR & WINE 14057.91 .2916 ALARMEX REFUND-HOMEWARD HILLS BARN RENTAL 58.58 2917 CYNTHIA AZZI REFUND-SWIMMING LESSONS 40.00 12918 MELISSA BROOKS REFUND-SKATING LESSONS 24.00 12919 PAUL BRUENING REFUND-ORDWAY TRIP 18.25 23169373 /'1~! JULY 20.1993 12920 • 12921 2922 12923 12924 12925 12926 12927 12928 12929 12930 12931 12932 12933 12934 12935 12936 12937 12938 12939 12940 12941 12942 12943 12944 12945 12946 • 2947 2948 THERESE DELlE R L DYLLA SCARLET ENG JOAN ENGSTROM G & C MARKETING STACY GLEESON KYLE HANNEMAN TAD HAUCK MARY KELLER JULIE KRANIG SUZANNE MARSHALL JUDITH MICHAEL SUZANNE MARSHALL NICHOLAS MILLER CINDY NESS SHARON PUNCH ROAD HOME CHURCH CAROL RUNNING SANDRA RUSSEN MARY SCHWARTZ CAROL SMITH IRENE SNYDER KAY TAN I JULIE TOSKEY RICH & MARIE VOREIS BLACK & VEATCH CLIFF CRACAUER DPC INDUSTRIES INC ENVIRO-CON REFUND-YOUTH TENNIS LESSONS REFUND-SWIMMING LESSONS REFUND-PRESCHOOL PLAYGROUND CLASS REFUND-SWIMMING LESSONS REFUND-HOMEWARD HILLS BAR RENTAL REFUND-AFTERNOON ADVENTURE PROGRAM REFUND-JUNIOR GOLF LESSONS REFUND-SWIMMING LESSONS REFUND-STEP AEROBICS EXERCISE CLASS REFUND-ADULT GOLF LESSONS REFUND-PRESCHOOL PLAYGROUND PROGRAM REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SKATING LESSONS REFUND-SWIMMING LESSONS REFUND-JUNIOR GOLF LESSONS REFUND-STARING LK AMPHITHEATRE RENTAL REFUND-ADULT INTERMEDIATE GOLF LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SKATEVILLE/CIRCUS PIZZA TRIP REFUND-ADULT GOLF LESSONS SERVICE-WATER PLAN UPDATE MILEAGE-EQUIPMENT MAINTENANCE CHEMICALS-WATER DEPT GRADING WORK TO CORRECT ERODED SOILS/SEED & MULCH/SILT FENCE/PLACE & STALK STRAW BALES-TEMAN PROPERTY 12949 12950 12951 12952 12953 12954 12955 12956 STEVEN P GEIGER PH D CRISIS COUNSELING SERVICE-POLICE DEPT RALPH SCOTT SMITH SPRINGBOARD DIVING INSTRUCTOR/FEES PAID LEGISLATIVE COMMISSION WASTE MGMT PUBLICATION-ADMINISTRATION DEPT RADISSON SUITE HOTEL CONFERENCE LODGING-POLICE DEPT THE WAVE POOL TICKETS-TEEN WORK PROGRAM JOHN ROCHFORD CONFERENCE EXPENSES-FIRE DEPT PEAK STAFFING INC MINUTES-PARK & RECREATION COMMISSION THE PROMOTION GROUP CAPS/SWEATSHIRTS/JACKETS-SAFETY INCENTIVE CAPS/SWEATSHIRTS/JACKETS-SAFETY DEPT 12957 VOID OUT CHECK 12958 MN RECREATION & PARK ASSN 12959 J A PRICE AGENCY INC 12960 ANIMAL NETWORK 12961 STARS RESTAURANT 12962 ANCHOR PAPER COMPANY 12963 DAINA DEPREZ 12964 EMMETT STARK 4IIl2965 LAURA PREVES 795824 CONFERENCE-PARK & RECREATION DEPT REIMBURSEMENT FOR PROPERTY DAMAGE DUE TO SEWER BACK-UP SPEAKER & ANIMALS-SPECIAL TRIPS &.EVENTS PROGRAM/FEES PAID RESERVE OFFICERS APPRECIATION DINNER- HUMAN RESOURCES DEPT COPY PAPER-CITY HALL ENTERTAINMENT-STARING LK CONCERT SERIES- HISTORICAL & CULTURAL COMMISSION ENTERTAINMENT-STARING LK .CONCERT SERIES- HISTORICAL & CULTURAL COMMISSION ENTERTAINMENT-STARING LK CONCERT SERIES- HISTORICAL & CULTURAL COMMISSION J'l58'A 22.00 17.26 23.00 20.00 : 75.25 94.00 28.00 23.00 24.00 27.00 23.00 23.00 40.00 33.60 20.00 25.00 125.00 27.00 23.00 20.00 2.87 20.00 20.00 15.00 74.00 100.63 59.50 1296.72 2420.00 212.50 45.00 14.10 153.88 89.00 69.92 108.75 257.23 0.00 15.00 250.00 95.00 657.43 585.20 350.00 40.00 293.40 .; JULY 20.1993 12966 NORTHERN STATES POWER COMPANY SERVICE 35763.12 .2967 KYLE DUCHSCHERE SCHOOL ADVANCE-POLICE DEPT 75.00 2968 JIM BERGSTROM SCHOOL ADVANCE-POLICE DEPT 75.00 12969 DENNIS PAULSON SCHOOL ADVANCE-POLICE DEPT 75.00 12970 DAY DISTRIBUTING COMPANY BEER 11346.40 12971 EAST SIDE BEVERAGE CO BEER 21277.25 12972 KIRSCH DISTRIBUTING CO BEER 104.35 12973 MARK VII DISTRIBUTING COMPANY BEER 11429.10 12974 MIDWEST COCA COLA BOTTLING CO MIX 963.78 12975 PEPSI COLA COMPANY MIX 329.95 12976 POGREBA DISTRIBUTING INC BEER 52.60 12977 THORPE DISTRIBUTING COMPANY BEER 32167.70 12978 SURYA AGRANAL REFUND-TAE KWON DO LESSONS 21.00 12979 GREG ALEXANDER REFUND-SWIMMING LESSONS 20.00 12980 KATIE ANDERSON REFUND-MIXED DOUBLES TENNIS 22.00 12981 JERI BRAUN REFUND-SWIMMING LESSONS 46.00 12982 LORI CATERINICCHIO REFUND-STANDARD FIRST AID CLASS 9.60 12983 BRITTANY DUMONCEAUX REFUND-SWIMMING LESSONS 23.00 12984 CHERYL FEY REFUND-STANDARD FIRST AID CLASS 9.60 12985 DEBORAH FISHER REFUND-PRESCHOOL PLAYGROUND PROGRAM 46.00 12986 PAT FITZGERALD REFUND-SAILING LESSONS 6.00 12987 BECKY FLOREK REFUND-BOUNDARY WATERS CANOE TRIP 109.00 12988 RENEE HARRIMAN REFUND-SUMMER SAFETY CAMP PROGRAM 12.00 12989 KRISTEN JOHNSON REFUND-SAILING LESSONS 6.00 12990 BETHANY KLINGSHEIM REFUND-SWIMMING LESSONS 23.00 12991 DON LINN REFUND-BOUNDARY WATERS CANOE TRIPIBIKK 330.00 TRIP .2992 BABETTE LOTHERT REFUND-PRESCHOOL PLAYGROUND PROGRAM 46.00 2993 ANGIE LYNES REFUND-STANDARD FIRST AID CLASS 9.60 12994 THERESE MCCARTHY REFUND-AQUA AEROBICS CLASS 24.00 12995 MARGE MUELLER REFUND-SWIMMING LESSONS 20.00 12996 JOLEEN OLSON REFUND-PRESCHOOL PLAYGROUND PROGRAM 23.00 12997 KATHRYN OLSON REFUND-STANDARD FIRST AID CLASS 9.60 12998 CHRISTINA OMLIE REFUND-PRESCHOOL PLAYGROUND PROGRAM 23.00 12999 NANCY ONEIL REFUND-JUNIOR GOLF LESSONS 28.00 13000 KATHLEEN PETERSON REFUND-STANDARD FIRST AID CLASS 9.60 13001 MARY KAY PETERSON REFUND-AQUA AEROBICS CLASS 21.00 13002 TEVIN ROGERS REFUND-SWIMMING LESSONS 23.00 13003 NINA SALVERSON REFUND-SWIMMING LESSONS 46.00 13004 CATHY SCHAUS REFUND-SWIMMING LESSONS 20.00 13005 DIANA SORAN REFUND-PRESCHOOL PLAYGROUND PROGRAM 23.00 13006 KEVIN SORAN REFUND-PRESCHOOL PLAYGROUND PROGRAM 23.00 13007 JEAN TAAFFE REFUND-STANDARD FIRST AID CLASS 9.60 13008 JAMES WEBER REFUND-SWIMMING LESSONS 20.00 13009 GRETCHEN WEILER REFUND-STANDARD FIRST AID CLASS 9.60 13010 CITY OF RICHFIELD MOTOR VEHICLE REGISTRATION-SEWER DEPT 4732.78 13011 EDEN PRAIRIE CHAMBER OF COMMERCE MEETING EXPENSES-HUMAN RESOURCES DEPT 30.00 13012 L M CIT LIABILITY INSURANCE-1-494 CORRIDOR 1300.00 COMMISSION 13013 RAY C WEIDNER SCHOOL-POLl CE DEPT 90.00 13014 BUREAU OF ALOOHOLITOBACCO/FIREARM LICENSE-LIQUOR STORES 250.00 13015 UNIVERSITY OF MINNESOTA CONFERENCE-HUMAN RESOURCES DEPT 677.00 .3016 MN DEPT OF REVENUE JUNE 93 FUEL TAX 302.60 3017 TWENTY-FOURTH & HENNEPIN CTR PART RELEASE OF LANDSCAPING ESCROW-COMMUNITY 5000.00 DEVELOPMENT DEPT 12711283 )15g 13 JULY 20.1993 13018 DELEGARD TOOL 00 TORCH/SWITCH SEAL/LAMPS/FILTERS/GRINDERI 472.03 -13019 RECHARGEABLE LIGHTS/WRENCH SET/EXTENSIONS-, EQUIPMENT MAINT/SEWER DEPT FEIST BLANCHARD CO ROTORSIBRAKE SHOESIBELTS/WATER PUMP IDISC 924.03 BRAKESIHOSESIBELTS-EQUIPMENT MAINT 13020 GENUINE PARTS COMPANY OILIMIRROR HEAD/SOCKETS/SPLASH GUARDS I 4260.67 FILTERS/OONTROLS/FITTINGS/SWIVELS/FLOOR MATS/FUSE HOLDERS/DRAIN PLUG.IVOLT METERS! DRILL BITS/TAPE/SCREWSIBEARINGS/SPARK PLUGSIMOULDING/POWER STEERING PUMP/PANELSI GASKETSIBRAKE FLUID/CONNECTORS/RADIATOR HOSEIROTORS/SUSPENSIONS/DISTRIBUTOR CAPSI TUBING/FUEL PUMP/PAINT/SEALS/SEAT COVER- FIRE DEPT/STREET MAINT/EQUIPMENT MAINTI UTILITIES DIVISION 13021 JEREMY BIGLEY REFUND-SWIMMING LESSONS 23.00 13022 GAIL GREWE REFUND-SWIMMING LESSONS 20.00 13023 GLORIA HALL REFUND-YOUTH TENNIS LESSONS 11.68 13024 HAROLD & ESTHER MARGUARDT REFUND-DEFENSIVE DRIVING CLASS 10.00 13025 JOHN MCGIBBON REFUND-SWIMMING LESSONS 23.00 13026 JUNE MCGUARRIE REFUND-PRESCHOOL PLAYGROUND PROGRAM 23.00 13027 SUSAN NICHOLSON REFUND-SWIMMING LESSONS 23"00 13028 PRAIRIE VILLAGE LIMITED PARTNERSH 1ST HALF 93 TAX SETTLEMENT 63322.50 13029 CARD SERVICES CONFERENCES/DUES-ADMINISTRATION DEPT 1117.36 13030 U S P C A REGION 12 CANINE TRIALS REGISTRATION FEE-POLICE DEPT 45.00 13031 NORTH MEMORIAL MEDICAL CENTER SCHOOL-POLICE DEPT 79.00 13032 KING MOTEL CANINE TRIALS LODGING-POLICE DEPT 123.69 «3033 EDEN PRAIRIE 66 CAR WASHES-POLICE DEPT 106.50 3034 MICHAEL HOWARD ENTERTAINMENT-4TH OF JULY CELEBRATION 100.00 13035 AT&T SERVICE 554.96 13036 AT&T CONSUMER PRODUCTS DIV SERVICE 160.02 13037 MERLINS ACE HARDWARE NAILSIBAR/CABLE CLAMPS/DUCT TAPE/GLUEI 429.01 PAINT/SANDPAPER/CHAIN/GLOVESIBRUSHESI EXTENSION OORDS/PADLOCK/CLOCKS/BATTERIESI KEYS/SCREWS/ROLLER OOVERS/WIRE WHEELS I BOLTS/SPRINGSIHOSE.IHOSE HOLDER/DRILL BIT/ BUSHINGS/STRAPSIBRASS FITTINGS-STREET MAINT/PARK MAINTITEEN WORK PROGRAM I OOMMUNITY CENTER 13038 U S WEST COMMUNICATIONS SERVICE 6114.94 13039 JOYCE BROWNLEE REFUND-PRESCHOOL PLAYGROUND PROGRAM 23.00 13040 SHEILA FRENZEL REFUND-PRESCHOOL PLAYGROUND PROGRAM 23.00 13041 TOM GIBSON REFUND-LIFEGUARD TRAINING CLASS 77.00 13042 IMMANUEL LUTHERAN CHURCH REFUND-STARING LK PK AMPHITHEATRE RENTAL 106.50 13043 DORIS JOB REFUND-ADULT TENNIS LESSONS 21.00 13044 TERESA MURPHY REFUND-SWIMMING LESSONS 40.00 13045 DIANE REITZ REFUND-VALLEYFAIR TRIP 21.00 13046 KATHRYN SMITH REFUND-SWUMMER ACTIVITY CAMP 55.00 13047 MARIE VOREIS REFUND-SWIMMING LESSONS 20.00 13048 EAGLE WINE CO WINE 514.28 13049 GRIGGS COOPER & CO INC LIQUOR 8549.57 13050 JOHNSON BROTHERS LIQUOR CO LIQUOR & WINE 6672.46 «3051 ED PHILLIPS & SONS 00 LIQUOR & WINE 8310.98 3052 VOIQ OUT CHECK 0.00 13053 PRIOR WINE CO WINE 2905.87 10528305 1'758 t2 JULY 20.1993 13054 QUALITY WINE & SPIRITS CD LIQUOR & WINE 2686.46 .-3055 VALLEY FAIR TICKETS-SPECIAL TRIPS & EVENTS PROGRAM! 404.55 FEES PAID 13056 BITUMINOUS CONSULTING & CONTRACTI SERVICE-PIONEER PARK IMPROVEMENTS 63967.30 13057 BROWN & CRIS INC SERVICE-BRAXTON DRIRIVERVIEW RD WATER MAIN 12775.60 13058 COLLINS ELECTRICAL SYSTEMS INC SERVICE-TRAFFIC SIGNAL AT PRAIRIE CTR DR 669.07 & SINGLETREE LN 13059 ENVI RO-CON SERVICE-PURGATORY CRK WETLAND RESTORATION 3082.50 13060 S M HENTGES & SONS INC SERVICE-ROWLAND ROAD 22524.50 13061 IMPERIAL DEVELOPERS INC SERVICE-DELL RDIVALLEY VIEW RD-91429.91 BITTERSWEET TO HOWARD LN 13062 JMG CONTRACTING INC SERVICE-1993 FIRE HYDRANT PAINTING-WATKR 16654.69 DEPT 13063 NORTHDALE CONSTRUCTION CO SERVICE-MILLER PARKIBRAXTON DRIVE 310976.36 13064 LUNDA CONSTRUCTION COMPANY SERVICE-DELL RD-HWY & BRIDGE CONSTRUCTION 102753.89 13065 RIDGEDALE ELECTRIC INC SERVICE-LEONA ROAD TRAFFIC SIGNAL 2739.60 13066 RYAN CONTRACTING INC SERVICE-LEONA ROAD IMPROVEMENTS 8201.93 13067 SUNRAM CONSTRUCTION INC SERVICE-CSAH #4 BICYCLE TRAIL BRIDGE 9021.00 13068 VALLEY PAVING INC SERVICE-RECONSTRUCT PRAIRIE CTR DR & 9568.28 REGIONAL CENTER RD 13069 A TO Z RENTAL CENTER BRUSH CUTTER RENTAL-STREET MAINT/HELIUM 93.31 TANK-WATER DEPT 13070 AAA STRIPING SERVICE CO SERVICE-1993 STREET STRIPING 7834.85 13071 ABBOTT OFFICE SYSTEMS WALL UNIT SHEET ORGANIZER-WATER DEPT 116.78 13072 ABM EQUIPMENT & SUPPLY INC FUEL TANK/SEALING RINGS-EQUIPMENT MAINT 179.01 13073 ACTION THREADED PRODUCTS HYDRANT MARKING SIGNS-WATER DEPT 231.83 13074 ADT SECURITY SYSTEMS SECURITY SYSTEM MAINTENANCE AGREEMENT-553.88 .3075 EATON BLDG AIRSIGNAL INC JUNE 93 PAGER SERVICE-BLDG INSPECTIONS 120.98 DEPT/FIRE DEPT/COMMUNITY CENTER 13076 AMERICAN GAS ASSN SUBSCRIPTION-BLDG INSPECTIONS DEPT 76.00 13077 AMERICAN LINEN SUPPLY CO UNIFORMS-FACILITIES DEPT/COMMUNITY CTR/ 299.63 MATS & TOWELS-LIQUOR STORES 13078 AMERICAN RED CROSS TEXTBOOKSIRESCUE MANIKIN RENTAL-POOL 426.66 LESSONS 13079 ARMA INTERNATIONAL DUES-ADMINISTRATION DEPT 160.00 13080 AMERICAN SOCIETY OF LAW DUES-POLICE DEPT 40.00 13081 EARL F ANDERSEN & ASSOC INC BATTERIES/SIGNS-STREET DEPTIWRENCHIBOLT 883.12 LINKS-PARK MAINTITRAFFIC CONESIREFLECTIVE SLEEVES-UTILITIES DIVISION 13082 KEN ANDERSEN TRUCKING WASTE DISPOSAL-ANIMAL CONTROL DEPT 106.51 13083 ANDERSON ICE RINKS INC COMPRESSOR TOP END KIT-ICE ARENA 559.70 13084 ANDERSONS GARDEN EXPENSES-FIRE DEPT 25.30 13085 APOLLO COMMUNICATIONS PARTIAL BILLING-COMMUNITY EDUCATION 10350.00 VOICE/DATA CABLING SYSTEM-E P CITY CENTER 13086 AQUA CITY PLUMBING INC HOT WATER HEATER REPAIR/FUSES/PLUGS/ 945.00 ELEMENTS/PRESSURE REDUCING VALVE REPAIR~ WATER DEPT 13087 AQUA ENGINEERING INC SPRINKLERIRISER-STREET MAINTENANCE 21.89 13088 ARMOR SECURITY INC PANIC BAR REPAIR/FLUSH BOLTS INSTALLED-310.02 FACILITIES DEPT/SECURITY MAINT AGREEMENT- OUTDOOR CENTER .3089 ASPEN EQUIPMENT COMPANY CABLE-EQUIPMENT MAINTENANCE 77.21 3090 ASTLE FORD INTL INC AXLE SHAFTS-EQUIPMENT MAINTENANCE 304.73 13091 AVR INC CEMENT-STREET MAINTENANCE 867.84 68203989 1'758,G JULY 20.1993 13092 B & STOOLS ARBOR./RAZORSIHOLE DRILLED-EQUIPMENT MAIN"!' 25.67 .13093 S H BARTLETT COMPANY INC SHOWER VALVE SEATS/VALVE STEMSIREPAIR KIT 134.60 W/PLUNGER-COMMUNITY CENTER 13094 BATTERY & TIRE WAREHOUSE INC CALIPERS/POWER STEERING FLUIDIBATTERIESI 930.61 CONDUITIBEARINGSIBRAKE PADSIROTORS/SIGNAL LIGHTS-EQUIPMENT MAINT 13095 BECKER ARENA PRODUCTS INC ADHESIVE/PAINT/CONCRETE SEALER-COMMUNITY 174.34 CENTER 13096 BEST COPIERS OF EAGAN INC COPIER MAINTENANCE AGREEMENT-CITY HALL 845.22 13097 BIFFS INC WASTE DISPOSAL-PARK MAINTENANCE 4786.28 13098 DAVID BLACK MILEAGE-COMMUNITY CENTER ADMINISTRATION 9.00 , 13099 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 201.68 13100 CITY OF BLOOMINGTON JUNE 93 KENNEL COSTS-ANIMAL CONTROL DEPT 420.00 13101 BOYD OIL DISTRIBUTING OIL-EQUIPMENT MAINTENANCE 834.17 13102 BOYER FORD TRUCKS INC LINE-EQUIPMENT MAINTENANCE 23.30 13103 RAMONA BRAUN REIMBURSEMENT FOR TICKETS-SPECIAL TRIPS 27.00 & EVENTS PROGRAM/FEES PAID 13104 BRC-ELECTIONS BALLOT EQUIPMENT MAINTENANCE AGREEMENT-4410.00 ELECTIONS DEPT 13105 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINTENANCE 103.26 13106 BUCKINGHAM DISPOSAL INC WASTE DISPOSAL--LIQUOR STORE 84.99 13107 TOM BUCHNER 2ND QTR 93 SERVICE-QUALITY IMPROVEMENT 6000.00 CONSULTING & COACHING 13108 BURNSVILLE SANITARY CO WASTE DISPOSAL-SEWER DEPT 135.20 13109 CAPITOL COMMUNICATIONS RUBBER BOOTSIRESOLDER WIRE-POLICE DEPT 125.58 13110 CARLSON COUNSELING & CONSULTATION JUNE 93 EMPLOYEE ASSISTANCE-HUMAN 870.00 RESOURCES DEPT .3111 CARLSON REFRIGERATION CO INC COOLER CONDENSOR REPAIR/AIR FILTERS/CO2 149.04 BOTTLES-LIQUOR STORE 13112 CARLSON TRACTOR & EQUIPMENT CO WHEEL ASSEMBLY-EQUIPMENT MAINTENANCE 313.51 13113 CENTRAIRE INC A/C REPAIR-POLICE BLDG/REPLACE HOT WATER 1328.15 HEATERIRELOCATE RADIATORS/SHORTEN PIPES- HOUSING REHABILITATION PROGRAM 13114 CIRCUS PIZZA TICKETS-SPECIAL TRIPS & EVENTS PROGRAMI 300.00 FEES PAID 13115 CHANHASSEN LAWN & SPORTS LUBRICANT-PARK MAINTENANCE 76.68 13116 BILL CLARK OIL CO INC OIL/GEAR LUBRICANT-WATER DEPT 365.35 13117 DWIGHT CLEMENT SCHOOL-STREET MAINTENANCE 238.40 13118 CLUTCH & TRANSMISSION SVC INC BEARING/CLUTCH FLYWHEEL & PACK-EQUIPMENT 235.70 MAINTENANCE 13119 CO2 SERVICES TANK RENTAL/CO2-COMMUNITY CENTER 99.84 13120 COMMERCIAL REFRIGERATION SYSTEMS RINK FLOOR REPAIR/COUPLINGS/STEEL PIPE/ 452.36 NITROGENS-COMMUNITY CENTER 13121 COMPUTERWARE DATA PRODUCTS INC PRINTER RIBBON/COMPUTER SUPPLIES-135.98 COMMUNITY CENTER 13122 CONNEY SAFETY PRODUCTS EYEGLASS CORDSIHEAD GEAR/TRAFFIC VESTS/ 750.74 REFLECTIVE TAPEIBACK SUPPORTS-UTILITIES DIV 13123 CONSTRUCTION MATERIALS INC LEVEL/CURBING-STREET MAINTENANCE 75.07 13124 CONTINENTAL SAFETY EQUIP INC RAIN PANTSIRUBBERS-WATER DEPT 50.05 13125 CORPORATE RISK MANAGERS INC JUNE 93 INSURANCE CONSULTANT SERVICE 214.20 13126 CUB FOODS EXPENSES-FIRE DEPT 330.28 13127 CURTIN MATHESON SCIENTIFIC INC LAB SUPPLIES-WATER TREATMENT PLANT 140.78 .3128 CUTLER MAGNER COMPANY QUICKLIME-WATER TREATMENT PLANT 9993.38 3129 DATAAGE SOLUTIONS INC COMPUTER SOFTWARE SUPPORT-FIRE DEPT 500.00 13130 DALCO CLEANING SUPPLIES-COMMUNITY CTR/wATER DEPT 195.37 3608578 J7S-K e JULY 20. 1993 13131 DE SIGNER SIGN-STREET DEPI' 46.86 .3132 DEM CON LANDFILL INC JUNE 93 WASTE DISPOSAL-SEWER DEPI' 105.00 3133 EUGENE DIETZ JUNE 93 CAR ALLOWANCE-ENGINEERING DEPT 200.00 13134 DORSEY & WHITNEY BOND PAYMENT FEES 16750.00 13135 DRISKILLS NEWMARKET EXPENSES-SPECIAL TRIPS & EVENTS/KIDS 190.02 KORNER PROGRAMIROUND LAKE BEACH & CONCESSIONS SUPPLIES-COMMUNITY CENTER 13136 DRISKILLS NEWMARKET EXPENSES-POLICE DEPT 67.40 13137 DRISKILLS NEWMARKET EXPENSES-FIRE DEPT 38.15 13138 DRISKILLS NEWMARKET EXPENSES-HUMAN RESOURCES DEPT/FACILITIES 147.65 DEPT/AFTERNOON & PRESCHOOL PLAYGROUND/ AFTERNOON ADVENTURE/AFTERSCHooL PROGRAM CONCESSION STAND SUPPLIES/SENIOR PROGRAMS 13139 JANET DUBOIS CAMP NATCH-OUTDOOR CENTER PROGRAM 800.00 DIRECTOR/FEES PAID 13140 EDENBLOOM FLORAL EXPENSES-LIQUOR STORE 21.30 13141 EDEN PRAIRIE CHAMBER OF COMMERCE EXPENSES-ADMINISTRATION 17.00 13142 CITY OF EDEN PRAIRIE UTILITY BILL FOR 8950 EDEN PRAIRIE ROAD 15.00 13143 EDEN PRAIRIE FIGURE SKATING CLUB JUMPING HARNESS INSTALLATION-EDEN PRAIRIE 500.00 FOUNDATION DONATION 13144 EDEN PRAIRIE FIRE RELIEF ASSN PREPARATION OF ADDITIONAL PROPOSED BUDGET 750.00 13145 EDEN PRAIRIE LIL RED GROCERY EXPENSES-FIRE DEPT 11.82 13146 E P PHOTO FILM/FILM PROCESSING-FIRE DEPT 48.35 13147 EDEN PRAIRIE SCHOOL DIST 272 1993 TAX INCREMENT DUE TO SCHOOL DISTRICT 7081.43 ON THE PRAIRIE VILLAGE APTS PROJECT 13148 EDEN PRAIRIE SCHOOL DIST 272 WASTE DISPOSAL/COPIES-SENIOR CENTERIROOM 407.94 RENTAL-HISTORICAL & CULTURAL COMMIBUS .3149 SERVICE-WATER DEPT CITY OF EDINA JUNE 93 WATER TESTS 250.00 13150 DEB EDLUND MINUTES 6/28 PLANNING COMMISSION MEETING 125.00 13151 ELIM MANAGEMENT SERVICE RELEASE ELIM SHORES TAX INCREMENT FUNDS 44048.67 13152 ELK RIVER CONCRETE PRODUCTS JOINT SEALS/MANHOLE COVERS-SEWER DEPT 541.68 13153 ELECTRICAL MECHANICAL SVC ELECTRIC MOTOR-WATER DEPT 204.46 13154 EPR INC WASTE DISPOSAL-PARK MAINTENANCE 679.38 13155 DELANO ERICKSON ARCHITECTS COMMUNITY CENTER ADDITION/COMMUNITY 2660.00 CTR PARKING LOTIHIGH SCHOOL LOCKER ROOMS 13156 ESS BROTHERS & SONS INC MANHOLE COVER/GLUE/GRATES-SEWER DEPT 935.08 13157 LYNN R EXE SCHOOL-INSPECTIONS DEPT 138.20 13158 EXPRESS MESSENGER SYSTEMS INC POSTAGE-CITY HALL 73.92 13159 MICHAEL J FABINI SCHOOL-INSPECTIONS DEPT 138.20 13160 FACILITY SYSTEMS INC DESIGN SERVICE-EDEN PRAIRIE CITY CENTER 291. 70 13161 FEED RITE CONTROLS INC CHLORINE-WATER DEPT 975.89 13162 FIDELITY PRODUCTS CO GARAGE BAGS-WATER DEPT 213.86 13163 FINLEY BROS ENTERPRISES ALUMINUM TIESIRAIL ENDS-PARK MAINTENANCE 75.00 13164 FIRST BANK NATL ASSN BOND PAYMENT FEE 44.00 13165 FISHER ENTERPRISES BLACK DIRT-WATER DEPT 44.73 13166 FLAGHOUSE INC GAMES-AFTERNOON PLAYGROUND & PRESCHOOL/ 1326.04 SPORTS CAMP/SAFETY CAMPIMEGAPHONES-ROUND & RILEY LAKE BEACHES 13167 FLAGSHIP ATHLETIC CLUB EXPENSES-ADMINISTRATION 45.83 13168 FLEET MECHANICAL SERVICES INSTALL TRAILER HITCHES-UTILITIES DEPT 1323.18 13169 FLEXIBLE PIPE TOOL COMPANY RUBBER LEADER HOSE-SEWER DEPT 125.67 .3170 SUE FORSTER MINUTES/EXPENSES-HISTORICAL & CULTURAL 312.52 COMMISSION 13171 FOX MCCUE & MURPHY 1992 AUDIT-FINANCE DEPT 3000.00 8477093 175"g F JULY 20.1993 .3112 KATE GARWOOD SCHOOL-ADMINISTRATION DEPT 180.00 3113 GENERAL MUSIC INC MICROPHONE & CORDSIMICROPHONE BOOM 811.56 STANDS-RECREATION ADMINISTRATION 13114 GENZ RYAN PLUMBING REFUND-PLUMBING PERMIT 20.00 13115 GERMUNDSEN COMPANIES INC REMOVE & DISPOSE GAS TANK-INSPECTIONS DEPT 1050.00 13116 TAMARA GIU10RE INSTRUCTOR-HERSHEY TRACK-N-FIELD/FEES PO 25.00 13111 GINA MARIA INC EXPENSES-FIRE DEPT 245.31 13118 THE GLIDDEN COMPANY PAINT ROLLERS/BRUSHES/OILITAPE-WATER DEPT 280.39 13119 GOPHER STATE ONE-CALL INC JUNE 93 SERVICE-UTILITIES DEPT 33.15 13180 GOVERNMENT TRAINING SERVICE SCHOOL-POLl CE DEPT 456.00 13181 W W GRAINGER INC FUSES-CIVIL DEFENSE 101.64 13182 GTE DIRECTORIES SVC CORP ADVERTISING-LIQUOR STORES 211.00 13183 KARLA GUIMONT CONCESSION STAND SUPPLIES-BEACHES 18.64 13184 GUNNAR ELECTRIC CO INC MATERIALS-CIVIL DEFENSE/SIGN LIGHT 310.69 REPAIR-COMMUNITY CENTER 13185 HACH COMPANY LAB SUPPLIES-WATER TREATMENT:PLANT 329.20 13186 HARVEST NOON EXPENSES-HUMAN RESOURCES DEPT 53.25 13181 HEART RATE INC VERSA CLIMBER WORKOUT MACHINE-FIRE DEPT 2900.00 13188 HEAVENLY HAM MEETING EXPENSES-HUMAN RESOURCES DEPT 45.00 13189 LAURIE HELLING MILEAGE-RECREATION ADMINISTRATION 34.25 13190 HENNEPIN COUNTY TREASURER WASTE DISPOSAL-STREET MAINTENANCE 50.66 13191 HENNEPIN COUNTY TREASURER PAYMENT OF RECOVERED HOUSING 2399.00 REHABILITATION LOAN FUNDS 13192 HENNEPIN COUNTY TREASURER FILING FEES-COMMUNITY DEVELOPMENT 531.50 13193 HENNEPIN COUNTY TREASURER MAY 93 BOARD OF PRISONERS-POLICE DEPT 2889.50 13194 HENNEPIN COUNTY TREASURER MAY 93 BOOKING FEE-POLICE DEPT 190.94 .3195 HENNPIN COUNTY TREASURER FILING FEES-ENGINEERING DEPT 214.00 3196 DAVID HIBBISON SOFTBALL OFFICIAL/FEES PD 99.00 13191 HILAN CORPORATION TIRE SWINGS & CABLE-PARK MAINTENANCE 412.04 13198 JOHN T HOBBS CONFERENCE EXPENSESIMILEAGE-FIRE DEPT 150.45 13199 TODD HOLZEMER SIGN LANGUAGE INTERPRETER-ADAPTIVE REC 56.25 13200 HONEYWELL INC GAUGE FOR FILTER CONTROLSITRANSMITTER/ 4562.56 SERVO ASSEMBLY-WATER DEPT 13201 HONEYWELL INC JULY 93 INDUSTRIAL MAINTENANCE AGREEMENT-1200.00 WATER DEPT 13202 HORIZON GRAPHICS INC JULY/AUGUST COMMUNITY NEWSLETTER-COMMUNITY 4113.38 SERVICES DEPT 13203 STEPHEN IMBROOK REFUND-OVERPAYMENT ON UTILITY BILL 89.03 13204 INDUSTRIAL LIGHTING SUPPLY INC LAMPS-WATER DEPT 205.01 13205 INLAND TRUCK PARTS CO STRAP KIT-EQUIPMENT MAINTENANCE 5.62 13206 INSTANT SIGN CENTER BANNERS-RECREATION ADMINISTRATION 118.08 13201 WALTER C JAMES MILEAGE-FIRE DEPT 148.34 13208 BRENDA JO JERDE VOLLEYBALL OFFICIAL/FEES PD 128.00 13209 JERRYS NEWMARKET EXPENSES-FIRE DEPT 6.e5 13210 CHRIS JESSEN SOFTBALL OFFICIAL/FEES PD 33.00 13211 JOHNSON CONTROLS POOL HEATER REPLACEDIREPLACED POWERPILE 6126.80 & LIT HEATER-COMMUNITY CENTER 13212 JULEEN DESIGNS INC FABRICATED & APPLIED ICE RESURFACER 310.00 GRAPHICS-COMMUNITY CENTER 13213 JUSTUS LUMBER CO PAINT REMOVER/STRIPPING PAD/PAINTITREATED 1945.13 TIMBERS-STREET MAl NT/PURGATORY CREEK PARK .3214 IMPROVEMENTS LYNN KALFSBEEK FAMILY CAMPING INSTRUCTOR/FEES PD 60.00 13215 KENS FRESH MEAT EXPENSES-FIRE DEPT 30.83 13216 KOKESH ATHLETIC SUPPLIES TENNIS NETS/PITCHERS RUBBERS/BASKETBALL 119.43 NETS/COLD PACKSIWHISTLES/LANYARD-PARK 3541914 175fG ---~------------------- MAINT/ORGANIZED ATHLETICS PROGRAM 13217 JILL KUYAVA VOLLEYBALL OFFICAL/FEES PD 112.00 13218 L 0 F T CLASSICS POLO SHIRTS/T SHIRTS-AFTERNOON PLAYGROUND 2493.85 • SPORTS CAMP/TEEN WORK PROGRAMIRECREATION ADMINISTRATON/ADAPTIVE RECREATION/AQUATICS & FITNESS 13219 LAB SAFETY SUPPLY POSTERS/SIGNS-SAFETY DEPT/LATEX GLOVES-329.63 WATER 13220 LAKE COUNTRY DOOR DOOR REPAIRS/AIRLIFT REBUILT/CABLE 315.29 ASSEMBLY-FACILITIES DEPT 13221 LAKE REGION VENDING SUPPLIES-LIQUOR STORES 1246.94 13222 LAKELAND FORD TRUCK SALES INC UNIVERSAL KIT/TUBE ASSEMBLYIELBOW/SWITCH 71957.20 ASSEMBLY-EQUIPMENT MAINT/2 FORD CABS & CHASSIS-STREET MAINTENANCE 13223 LAND OF LAKES TILE CO POOL & SHOWER REPAIR-COMMUNITY CENTER 550.00 13224 CINDY LANENBERG MILEAGE-FIRE DEPT 50.00 13225 LANG PAULY & GREGERSON LTD MARCH & APRIL 93 LEGAL SERVICE 23023.82 13226 FRANK LAVALLE SOFTBALL OFFICIAL/FEES PAID 32.00 13227 L M CIT LIABILITY INSURANCE 906.62 13228 LEEF BROS INC COVERALLS-EQUIPMENT MAINTENANCE 192.90 13229 LEES LAWN CARE SERVICE-MOWING CENTER MEDIANS-STREET MAINT 266.25 13230 L LEHMAN & ASSOCIATES INC JUNE 93 LEGAL SERVICE-FLYING CLOUD 1749.24 LANDFILL 13231 LINHOFF CORPORATE COLOR PRINTS-HUMAN RESOURCES 4.77 13232 LOCATOR & MONITOR SALES BATTERY SLEEVEIBATTERY HOLDDOWNSIRAIN 375.06 COVER/METRO CLAMPS/TEST BATTERY CONNECTION-WATER DEPT 13233 LYMAN LUMBER CO PLYWOOD-PARK MAINTENANCE 104.67 13234 MACQUEEN EQUIPMENT INC GAS SAFETY VALVE/CONVEYOR BELT ASSEMBLY-772.03 "3235 EQUIPMENT MAINT MASYS CORPORATION AUGUST 93 DATA PROCESSING MAINTENANCE 1476.70 AGREEMENT-POLICE DEPT 13236 MCGLYNN BAKERIES INC EXPENSES-CITY HALL/POLICE/SENIOR CENTER/ 256.04 SPECIAL EVENTS/POOL LESSONS 13237 MENARDS TAPE/LEATHER GLOVES/SIDING/SNOW FENCE/ 416.24 HALOGEN LAMPS/SHINGLES/STAPLE GUN/STAPLES/ WRENCHIHAMMERS/EXTENSION CORDS/PVC COUPLINGS/CONDUIT/ELBOWS/PIPE-FACILITIES DEPT/POLICE DEPT/STREET MAINT/PARK MAINT/ COMMUNITY CENTER 13238 METRO SALES INC TONER/INK-RECREATION ADMINISTRATION DEPT 513.22 13239 METROPOLITAN WASTE CONTROL COMM AUGUST 93 SEWER SERVICE 149813.00 13240 METROPOLITAN WASTE CONTROL COMM JUNE 93 SAC CHARGES 63855.00 13241 MIDLAND EQUIPMENT CO STEEL PLATE-EQUIPMENT MAINTENANCE 31.91 13242 MIDWEST ASPHALT CORP ASPHALT-STREET MAINT/PARK MAINTENANCE 3317.77 13243 MIDWEST BANK NOTE COMPANY BOND PAYMENT FEES 1305.00 13244 MIDWEST COCA COLA BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER 179.30 13245 MIDWEST BUSINESS PRODUCTS OFFICE SUPPLIES-CITY HALL/COMMUNITY CENTER 879.48 13246 MILLER BROTHERS EXCAVATING DEMOLITION & REMOVAL OF HOUSE/OUT BLDGS & 15459.00 DRIVEWAYS-TEMAN PROPERTY 13247 MINNCOMM PAGING JULY 93 PAGER SERVICE-UTILITIES DIVISION 44.46 13248 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES 749.70 13249 MN CONWAY FIRE & SAFETY FIRE EXTINQUISHERS & RECHARGING/O-RINGS/ 1489.80 VALVE STEMS-SAFETY DEPT/EXPANSION RING • EXTRACTORIBOOTS/FOAM-FIRE DEPT 34426889 11St 1/ 1:3250 MINNESOTA STATE TREASURER JUNE 93 BUILDING SURCHARGES 6307.57 13251 MINUTEMAN PRESS RENTAL FORMS-ROUND LAKE MARINA 131.05 13252 R E MOONEY & ASSOCIATES INC RUST PROTECTION-WATER DEPT 177.33 .3253 MTI DISTRIBUTING CO HOSES/SWITCH ASSEMBLY-EQUIPMENT MAINT 305.30 3254 Wt1 MUELLER & SONS INC GRAVEL/ASPHALT-STREET MAINTENANCE 96.56 13255 NASCO OWL PELLETS-OUTDOOR CENTER 12.43 13256 NCR CORPORATION TERMINAL WIRECEIPT PRINTER-COMMUNITY crR 448.00 13257 NEW ENGLAND CAMP & SUPPLY COOKING UTENSILS/POTS & PANS-ACTIVITY CAMP 84.80 13258 WILLIAM T NEWELL SOFTBALL OFFICIAL/FEES PAID 561.00 13259 BETH NILSSON SKATING DIRECTOR/FEES PAID 1501.36 13260 NORSTAN COMMUNICATIONS INC INSTALLED FAX & MODEM-EQUIPMENT MAINT 110.00 13261 NORTH COUNTRY PEST CONTROL PEST CONTROL SERVICE-COMMUNITY CENTER 85.20 13262 NORTH HENNEPIN RECYCLING WASTE DISPOSAL--STREET MAINTENANCE 101.25 13263 NORTH STAR ICE SUPPLIES-LIQUOR STORES 1854.84 13264 NORWEST INVESTMENT SERVICES INC FEES-FINANCE DEPT 89.25 13265 OHLIN SALES INC BATTERIES-BLDG INSPECTIONS DEPT 29.31 13266 OLSEN CHAIN & CABLE CO INC MALLEABLE CLIPS/SCREW BOLTSIWALL SCRAPER/ 114.30 SLING HooKSILATCH/LINKS-STREET MAINT/PARK MAINTIWATER DEPT 13267 OPM INFORMATION SYSTEMS TYPEWRITER REPAIR-FINANCE DEPTILASER 1694.22 PRINTER-SENIOR CENTER 13268 HARRY ORTLOFF SOFTBALL OFFICIAL/FEES PAID 214.50 13269 OWENS SERVICES CORPORATION PULSATRON PUMP-POOL MAINTENANCE 267.31 13270 PEDERSON SELLS EQUIPMENT CO INC SWIVEL SEALS/CABLE/wIPER ROD/WASHER/ 363.05 SUCTION HOSE-EQUIPMENT MAINTENANCE 13271 J C PENNEY UNIFORMS-POLICE DEPT 198.55 13272 PERSONNEL DECISIONS INC COMPARABLE WORTH PROFILE-HUMAN RESOURCES 50.00 13273 CONNIE L PETERS MILEAGE-COMMUNITY CENTER ADMINISTRATION 36.75 13274 PLYMOUTH SUPPLY COMPANY MASTER LOCK PADLOCK-PARK MAINTENANCE 60.23 .3275 POWER PRODUCTIONS INTERNATION INC AEROBICS VIDEOS-FITNESS CLASSES 77.30 3276 PAPER WAREHOUSE BALLOONSIWHITE PAPER ROLLS/TABLE SKIRTING 110.66 SIGNS/DECORATIONS/PLATES-AFTERNOON PLAYGROUND/4TH OF JULY CELEBRATION/SPECIAL EVENTS PROGRAM 13277 PRAIRIE CYCLE & SKI BICYCLE REPAIR-POLICE DEPT 127.53 13278 PRAIRIE EQUIPMENT COMPANY MANHOLE PICK/INSPECTION MIRRORS-SEWER DEPT 204.48 13279 PRAIRIE OFFSET PRINTING TABSIREPORT COVERS-FINANCE DEPT/FORMS-314.02 POLICE DEPT/POSTERS-HISTORICAL & CULTURAL COMMISSION 13280 PREVENTION PLUS INC INJURY PREVENTION CONSULTING SERVICE-1000.00 SAFETY DEPT 13281 J A PRICE AGENCY INC BOILER & MACHINERY/LIQUOR-LIABILITY 24774.00 INSURANCE 13282 JERRY PRODOEHL SCHooL--PUBLIC WORKS DEPT 238.40 13283 PROFESSIONAL EQUIPMENT PIPE FINDER/SNAPPY POCKETS-SAFETY DEPT/ 134.30 BLDG INSPECTIONS DEPT 13284 PUMP & METERS SERVICE INC REPLACED HARDWALL PUMP HOSEINOZZLE & 134.84 SWIVEL-EQUIPMENT MAINTENANCE 13285 QUANTUM & COMPANY CUSTOM EMBROIDE STITCHED E P LOGOS ON UNIFORMS-PUBLIC 66.50 WORKS/PARKIUTILTIES DIVISION 13286 RAINBOW FOODS EXPENSES-AFTERNOON PLAYGROUND/AFTERNOON 139.87 ADVENTURE/OUTDOOR CENTER 13287 RAND HAND TRUCK-ELECTIONS DEPT 221.32 13288 REACH EQUIPMENT BASKET LEVELING REPAIREDIREPLACED DUAL 702.24 • COUNTER BALANCE VALVE-EQUIPMENT MAINT 4313962 /7a :r 13289 RICHARDS ASPHALT COMPANY ASPHALT-STREET MAINTENANCE 169.87 13290 RIEKE-CARROLL-MULLER ASSOC INC SERVICE-CSAH#4 BRIDGE ABUTMENTS 135.29 .3291 RITZ CAMERA FILM/FILM PROCESSING-PARK PLANNING DEPT 23.42 3292 ROGERS SERVICE ALTERNATOR REPAIRED/STARTER-EQUIPMENT 302.68 MAINTENANCE 13293 S & S ARTS & CRAFTS FRAMES-AFTERNOON ADVENTURE PROGRAM 33.57 13294 ST CROIX RECREATION CO CARGO NET-PARK MAINTENANCE 280.81 13295 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-CITY HALL/STREET MAINT/ 540.04 PARK MAl NT/AFTERNOON PLAYGROUNDITEEN WORK PROGRAMIRECREATION ADMINISTRATION/ADAPTIVE RECREATIONIHISTORICAL & CULTURAL COMM/ 13296 SALLY DISTRIBUTORS INC BALLOONS/FLAGS/WINDSOCKS-4TH OF JULY 150.70 CELEBRATION 13297 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT/ 583.65 COMMUNITY CENTER 13298 CHARLES SCHAITBERGER SCHOOL-BUILDING INSPECTIONS DEPT 138.20 13299 SCHMIDT READY MIX INC CEMENT-STREET MAINTENANCE 660.66 13300 KEVIN SCHMIEG EXPENSES/MAY & JUNE 93 CAR ALLOWANCE-421.25 BLDG INSPECTIONS DEPT 13301 SCOTT SCHRAM CONFERENCES EXPENSESIMILEAGE-FIRE DEPT 93.22 13302 SCIENTIFIC PRODUCTS DIVISION LAB SUPPLIES-WATER TREATMENT PLANT 33.58 13303 SEARS SAW SWITCH-COMMUNITY CENTER MAINTENANCE 20.18 13304 SENIOR HOUSING INC HOUSING DIRECTORIES-SENIOR CENTER 4.00 13305 SHIELY COMPANY SAND-SEWER DEPT 29.06 13306 SHINGOBEE BUILDERS INC SERVICE-COMMUNITY CTR 2ND ICE SHEET & 75693.19 PARKING LOT 13307 SIR SPEEDY PRINTING CENTER PRINTING FORMS-ASSESSING DEPT 64.43 13308 S/K WELL & PUMP INSPECTIONS WELL PUMP MOTOR INSPECTED-WATER DEPT 75.00 .3309 SMEAL FIRE EQUIPMENT CO TOOL BOX LINERS-UTILITIES DIVISION 99.46 3310 PETER N SMITH VOLLEYBALL OFFICIAL/FEES PAID 304.00 13311 W GORDON SMITH CO PROPANE CYLINDERSIHYDRAULIC OIL-EQUIPMENT 315.70 MAINTENANCE 13312 SNAP ON TOOLS CORPORATION TEST PROBE/CUTTERIREPAIR BLADEIHAMMER-171. 79 EQUIPMENT MAINTIWATER DEPT 13313 SNYDER DRUG STORES INC FIRST AID SUPPLIES-POLICE DEPT 29.38 13314 SNYDER DRUG STORES INC BALLOONS/SCHOOL & CRAFT SUPPLIES/FILM 344.37 PROCESSING-AFTERSCHooL PROGRAMIROUND & RILEY LK BEACHESIRECREATION ADMINS 13315 SO ST PAUL STEEL SUPPLY CO INC STEEL STOCK-EQUIPMENT MAINTENANCE 1393.63 13316 SPECIALTY CONTRACTING INC CURBING/ASPHALT REMOVAL/FINISH & GRADING-8109.46 WATER DEPT 13317 SPORTS WORLD USA JACKET-PARK RANGER 26.50 13318 SPS COMPANIES GALVANIZED STEEL COUPLINGS/FITTINGS-35.54 EQUIPMENT MAINTENANCE 13319 SPS OFFICE PRODUCTS INC OFFICE SUPPLIES-FIRE DEPTIWATER DEPT 231.44 13320 STAHL CONSTRUCTION COMPANY SERVICE-REMODELING E P CITY CENTER 715101.00 13321 STRAND MFG CO INC HYDRANT SHAFT-WATER DEPT 191.16 13322 STREICHERS PROFESSIONAL POLICE EQ SIRENS-FIRE DEPT/GUNLOCK DELAY TIMER/ 3835.63 ROTATOR FILTER/GRILLE/DECK LIGHT- EQUIPMENT MAINTENANCE 13323 SUPERIOR PRODUCTS MFG CO FLATWARE RACKS/SHELF CART/COFFEE MAKERS/ 511.48 BEVERAGE CARRIERS-COMMUNITY CENTER 13324 SWEDLUND SEPTIC SERVICE WASTE DISPOSAL SERVICE-PARK MAINTENANCE 320.00 .3325 TOTAL REGISTER SYSTEM CASH REGISTER MAINTENANCE AGREEMENT-1600.00 LIQUOR STORE 81207334 1'3326 TOWN & COUNTRY OODGE 13327 TRIARCO ARTS & CRAFT'S INC 13328 TRUCK UTILITIES & MFG CO • 13329 TWENTIETH CENTURY PLASTICS 13330 JEANE THORNE INC 13331 TWIN CITY OXYGEN CO 13332 UNIFORMS UNLIMITED 13333 UNIFORMS UNLIMITED 13334 UNIFORMS UNLIMITED 13335 UNITED LABORATORIES INC 13336 UNLIMITED SUPPLIES INC 13337 VAN WATERS & ROGERS INC 13338 VESSCO INC 13339 VlCOM INC 13340 VIDEOTRONIX INC 13341 TRIA VIKESLAND 13342 VIKING SAFETY PRODUCTS 13343 VOSS LIGHTING 13344 VWR SCIENTIFIC INC 13345 W P & R S MARS CO 13346 LESA WAGNER 13347 PAT WALKER 13348 WARNING LITES OF MN INC 13349 WATERPRO ~3350 SANDRA F WERTS Wi3351 WEST WELD 13352 WESTSIDE EQUIPMENT 13353 YALE INC 13354 ZACKS INC 13355 ZEE MEDICAL SERVICE 13356 ZIEGLER INC 13357 BRADLEY ZIOLA i0551 VOID OUT CHECK 12600· VOID OUT CHECK 12615 VOID OUT CHECK 12632 VOID OUT CHECK 12647 VOID OUT CHECK 12754 VOID OUT CHECK 12768 VOID OUT CHECK 12778 VOID OUT CHECK 12819 VOID OUT CHECK 261855 • DISC PAD-EQUIPMENT MAINTENANCE BEADS/POM POMS-ACTIVITY CAMP TOOL BOXES-UTILITIES DIVISION VINYL ZIPPER BAGS-BLDG INSPECTIONS DEPT SERVICE-POLICE DEPT ACETYLENEIHELIUM/OXYGEN-EQUIPMENT MAINT UNIFORM PATCHES-BLDG INSPECTIONS DEPT UNIFORMS-FIRE DEPT UNIFORMS-POLICE DEPT/ANIMAL CONTROL DEPT GLASS CLEANER/DETERGENT-UTILITIES DIVISION FITTINGS-EQUIPMENT MAINTENANCE FLUORIDE-WATER TREATMENT PLANT CONNECTIONSIVALVE YOKE-WATER DEPT WIRE MAINTENANCE AGREEMENTIREPAIRS- COMMUNITY CENTER LAMINEX SHEET/POUCHES-FIRE DEPT MILEAGE-ADAPTIVE RECREATION PROGRAM GLASSES/DUST COVERS-SAFETY DEPT LIGHTS BULBS-FACILITIES DEPT LAB SUPPLIES-WATER DEPT HARD CAPS-POLICE DEPT RACQUETBALL INSTRUCTOR-SUMMER SKILL DEVELOPMENT PROGRAM/FEES PAID SOFTBALL OFFICIAL/FEES PAID FLASHERSIBARRICADES/CAUTION SIGNS-STREET MAINTENANCE PIPE & SPANNER WRENCHES/CURB BOX KEYS/ TUBING CUTTER/COUPLINGS & METER REPAIRS- WATER DEPT MILEAGE-SENIOR CENTER WELDING GLOVES/NOZZLES/CAPS/GRIT/CUT-OFF DISCIWIRE-EQUIPMENT MAINTENANCE PIT EXTENSION-EQUIPMENT MAINTENANCE AIR HANDLER CONTROL VALVES REPAIRED/PIPE FITTINGSIWATER SOLENOID VALVE-WATER DETP SWING CHAIN-PARK MAINTENANCE 1ST AID SUPPLIES-PARK MAINTIROUND & RILEY LK BEACHES & MARINA LINE-EQUIPMENT MAINTENANCE SOFTBALL OFFICIAL/FEES PAID 42.60 60.45 617.70 258.00 332.40 163.68 112.20 49.00 327.40 404.50 23.90 1345.00 584.72 130.14 120.29 122.73 107.45 351.45 193.58 54.40 75.00 49.50 121. 72 419.23 46.20 481.89 150.00 787.69 65.60 192.86 37.56 82.50 168.59- 54.50- 1381.01- 2420.00- 170.00- 108.75- 257.15- 75.37- 657.42- $2512463.99 • DEVELOPER'S AGREEMENT BRUNSWICK FAMILY WORLD THIS AGREEMENT, made and entered into as of , 19_, by LEISERV, INC. a Delaware Corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for PUD Concept Review on 23 acres, PUD District Review with waivers on 5 acres, Preliminary plat of 23 acres into 4 lots, and Zoning District Change from Rural to Commercial Regional Service on 5 acres for construction of a 44,872 square foot Family Recreation Center, all on 5.0 acres, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and all of the 23 acres hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance No._-_, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: • 1. PLANS: Developer shall develop the Property in conformance with the materials reviewed and approved by the City Council on July 20, 1993, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. • 2. EXHmIT C: 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. 3. STREET, UTILITY, EROSION CONTROL, PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, storm sewer, and erosion control for the Property. 4. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. LAND ALTERATION PERMIT AND TREE REPLACEMENT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. Developer further agrees that all grading shall proceed in conformance with the City's Erosion Control Policy. '/} "'il J I #""\ ::...~' , ! : j I 5. IRRIGATION PLAN: Developer has submitted and obtained approval of a plan for irrigation of the landscaped areas on the Property. • Developer agrees that concurrent with construction of the structure on the Property, Developer will implement, or cause to be implemented, said irrigation plan, in accordance with the terms and conditions of Exhibit C, attached hereto. 6. RETAINING WALLS: Prior to issuance by City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's approval of detailed plans for the keystone retaining walls indicated in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Developer acknowledges and agrees that the materials to be implemented shall be compatible with those implemented for the Urban Design Elements and the exterior building materials on the Property. Upon approval by the Chief Building Official, Developer agrees to construct, or cause to be constructed, said keystone retaining walls, as approved by the Chief Building Official, concurrent with the grading, street, and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 7. SIDEWALK EASEMENT AND CONSTRUCTION: Prior to issuance by City of any permit for construction on the Property, Developer shall pay the City the estimated cost of a five-foot wide concrete sidewalk along Singletree Lane, measuring 400 feet in length. The City h~ estimated the cost at $5,000. .. In order to construct the sidewalk, the City has determined that a 20 foot strip of land is necessary along the north side of Singletree Lane. Prior to release of the Final Plat, the Developer agrees to convey to the City, in a location approved by the Director of Community Development, an easement over that part of the property adjacent to Singletree Lane that when combined with the existing vacant right-of-way will total 20 feet. The City anticipates that an easement measuring 12 feet in width will be required. 8. CROSS-ACCESS AGREEMENT: Developer agrees that access to the property is provided from Singletree Lane by shared driveways which also provide access to the adjacent parcels and that cross-access easements are necessary. Prior to release of Final Plat, Developer agrees that Developer and City shall execute cross-access easements on such portions of the Property as depicted on Exhibit B, attached hereto and pursuant to such terms as determined by the City in it's sole discretion. 9. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the Commercial Regional Service Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD _ - • • • • A. Waiver from Base Area Ratio requirement of 20 percent to allow for a Base Area Ratio of 20.6 percent for the construction of a 44,872 square foot building on a 5.0003 acre lot. B. Waiver from sideyard setback requirement of 10 feet to parking next to the east and west property lines where shared driveways are proposed to allow a 0 foot setback. l7~1 BRUNSWICK FAMILY WORLD • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING TIlE 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 Commercial Regional Service District (hereinafter " H). Section 3. The land shall be subject to the terms and conditions of that certain Developer. Agreement dated as of July 20, 1993, entered into between Leiserv, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD-and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-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-are justified by the design of the development described therein. D. PUD-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 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. • • 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 20th day of July, 1993, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of July, 1993. ATTEST: John D. Frane, City Clerk PUBLISHED in the Eden Prairie News on Douglas B. Tenpas, Mayor --------------------------------- J i '1/ I), lJI..} -Exhibit "A" LEGAL DESCRIPTION PARCEL"l: That part of the Nortb 112 of lbe Northwest Quarter of Section 14, Township 116, Range 22 described as follows: Commencing at a point on tIle East line of said quarter section 76.2 fcd. NOrtll of tlle SOUtllc.1St corner tIlcreof; thence South along said line 76.2 feet; thence Wc:;t along tIle SOUlll linc of lllC / North 112 of said Quarter section 700 feet; lbence lli.<;tcrly to beginning,. according to the Govemment Swvey thereof. PARCEL 2: That part of the following parcels of l.a.nd: That part of the NOrtll 590 feet. of the South 1(2 of the Nortbwest Quartcr of Section 14, Townsltip 11 6, Range 22, lying Easterly of the center linc of lbc two 120 foot permanent easements created bY Easement Document No. 1486616, Files of the Registrar of TItles, Hennepin County, Minnesota, except the South 400 fcd. 9f thc East 200 feet thereof and except the South 50 feet of the West 670 feet feet of the East 870 feet of the North 590 fca of (lie South 112 of the Northwest Quarter of said Section and except thc South 171 feet of thc Nortll 190 feet of tllc East 220 feet of th"CSouth 112 of thc NOrtllwcst Quartcr of said Section. l1tat part of a strip of land being the NOrtll 50 feet of tIlat p:tIt of tlle South 1/2 of the NOrtllwcst Quarter of Section 14, Township 116, Range 22, lying South of the North 590 feet and Easterl y of lhe centcr line of tlle t WI) 120 foot permanent casements created by Easement Doclllllcnt No. 1486616, as rcfonned by Order Doc No 1915513, Files of the Registrar of Titles, Hennepin County, Minnesota, except the East 87~ feet thcreof, according to tllC Govemment Survey thcreof, wb..ich lie Nortbcrly of the SoutJicrly right of way linc of Singletree Lanc as described in Document No. 1665816, Files of the Registrar of Titles, County of Hennepin, according to thc U.S. Government Survey tIlercof, Hennq)in County, Minnesota. PARCEL 3: TIle South 171 feet of U1C North 190 fect of the East 220 fect of the South 112 of tIle Northw~t Quartcr of Section 14, Township 116, Rangc 22" PARCEL 4: That part of tlle following parcels of bnd: TI1C SOUlll 50 feet of the West 670 feet of the E..1St 870 feet of the North 590 feet of thc South 112 of the Northwest Quarter of Section 11..J'ownship 116, Rangc 22, according to tllC Urtitcd St.atc.~ Government Survcy thereof. That part of the SouUt 112 of the Northwest ()uarter of Section 14, Township 116, Range 22 lying SOUtIl of tIlC North 590 feet thcreof except that part 1l1crcof embraced in Registered Land Survcy No" oS7 and cxcept tItat part of the North 50 feet of above described land lying West of the East 870 feet of said .Northwest Quarter except that part ulereof embrnccd withi.n the pL1t of TIIC Preservc Commercial Park Nortb and except tltat part of tIle above described property lying West of tltc center line of Prairie Center Drive as said centcr line is described in Doc. No. 1486615, as rcfornlcd by Order Doc. No. 1915515 3-15-90, Files of Registrar of Titles, accoruing to the Govcmlllcnt Survey.tllcrcof, .:vhich lies Northerly of tlle NOrtllerly right of way line uf Singlcu'CC L:ine as described in Document No. 1693502 and Document No. 1693503 Files of thc Registrar of Titles, County of Hennepin. ' Parcel A; South 150 fcet of North 340 fcet of East 200 feet of SOUtllCast 1/4 of Northwest 1/4, Section 14, Township 116, Range 22. (#8018). Torrcns Cert. No. 705881 Parcel C: Tract A, Registered Land Survey No. (iS7. Files of Registrar of • • Titles. County of Hennepin. and East 50 fc.ct of South 50 feet of West 720 • feet of East 870 feet of North 590 feet of South 1/2 of Northwest 1/4 of Section 14. Township 116. Range 22. (1/8042). Torrcns Cerl. No. 705H82 Parcel D: South 200 feet of North 540 fcet of cast 200 feet of Southeast . 1/4 of Northwest 1/4 of Section 14. Township 116. Range 22. (#8034), Torrens Cert. No. 705883, • BRUNSWICK FAMILY WORLD CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPfIONS 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: Summary: This ordinance allows rezoning of land located North of Singletree Lane opposite Wal-Mart, from Rural to Commercial Regional Service on 5 acres; subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. • Effective Date: This Ordinance shall take effect upon publication. • ATTEST: lsI John D. Frane City Clerk PUBLISHED in the Eden Prairie News on the IslDouglas B. Tenpas Mayor ----------------- (A full copy of the text of this Ordinance is available from City Clerk.) BRUNSWICK FAMILY WORL_ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, an Ordinance was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of July, 1993; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of that Ordinance, 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 non-pareil, or six-point type, as defined in Minnesota Statute, Section 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 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after publication. ADOPTED by the City Council on July 20, 1993. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk • • • • ze'd CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOT~ ORDINANCE NO. A~ ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4, ENTITLED "BEER.-WINE, AND LIQUOR LICENSING AND REGULATION" BY AMENDING SECTION 4.01 BY ADDING SUBD. 21 DEFINING BOWLING CENTER, AND AMENDING SECTIONS 4.06, SUBD. 4, SECTION 4.33, A~D ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 4.99 THEREOF. TH~ CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, HENNEPIN COUNTY, MINNESOTA, O~DAINS: Section 1. City Code Section 4.01 is he reb" amended by addil)g subd. ~1 to read as f~llows: -. "Subd. 21. "Bowling Center" is an establishment wherein the sale of food and intoxicating liquors is specifically secondary and incidental to the primary enterprise and aetivi ty on the premises; bowling and other family- oriented indoor recreatiQn activities." Section 2. City code Section 4.06, Subd. 4 is hereby amended to read as follows: "Subd. 4. Principal Part of Business. A licensed restaurant shall be conducted in such manner that the prinCipal part of the business for a license year is the serving of foods. A hotel shall be conducted in such manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a license year is the serving of foods. "Principal part" shall mean fifty percent (50\) or more of the gross receipts. A bowling center ~hall be conducted in such a manner that the sale of food and intoxicating liquors comprises no more than fifty percent (50%) of the gross sales of the establishment ... section 3. City Code Section 4.33 is hereby amended to read as follows: "SECTION 4.33. SUNDAY SALES. A Sunday on-sale liquor license may be issued to hotels, restaurants or clubs. as herein defined, which have on- sale licenses and which also have facilities for serving not less than one hundred (100) guests at one time, and may serve liquor between the hours of 10: 00 a .m. and 11L/1 £1.L06Z8Z19 £0"d 12:00 midnight on Sundays in conjunction with the serving of food provided 1n conformity with the Minnesota Clean • Air Act. A Sunday on-sale liquor license may also be issued to bowling centers as defined in this Chapter, providing they have a seating capacity of at least thirty (30) persons. Bowling centers may serve liquor in conjunction witr the-sale of food between the hours of 12:00 noon and 12:00 midnight on Sundays. Section 4. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including penalty for Violation" and Section 4.99, 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 meeting of the City Council of the City of Eden Prairie on the ,day of , 1993, and finally read and adopted and orderea published at a meeting of the City Council of said City on the _ day of , 1993. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the _____________ , 1993. £tL06Z8Zt9 day of • • • • • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. A RESOLUTION APPROVING FINAL PLAT OF EDEN PRAIRIE MARKETCENTER WHEREAS, the plat of Eden Prairie Marketcenter 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 EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Eden Prairie Jviarketcenter is approved upon compliance with the recommendation of the City En~neer's report on this plat dated ------. B. 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. C . 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 Eden Prairie City Council on July 20, 1993. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk 11~9 MEMORANDUM TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: July 15, 1993 SUBJECT: Final Plat of Eden Prairie Marketcenter PROPOSAL: The Developers, Brunswick Corporation have requested City Council approval of the final plat of Eden Prairie Marketcenter. Located at the northeast quadrant of Prairie Center Drive and Singletree Lane, the plat contains 23 acres to be divided into four lots. Lot 2 contains 5 acres and is the proposed site of the Brunswick Family World Recreation Center. Lot 3 is the intended site for the Marxetcenter Watertower, and Lots 1 and 4 are intended for future development at a later date. HISTORY: The approval of the preliminary plat, First and Second Reading of the Ordinance rezoning the property from Rural to Commercial Regional Service, and execution of the Developer's Agreement are all scheduled for the City Council meeting to be held July 20, 1993. • V ARIANCES: All variances not granted through the PUD must be processed through the Board of • Appeals. UTILITIES AND STREETS: Sanitary sewer, watermain, and storm sewer necessary to serve this site are currently in place and available for use. Segments of these utilities will serve other properties as well and are covered by drainage and utility easements. Those utilities serving adjacent properties will be publicly owned and maintained; therefore, the Developer should provide the City with detailed plans of said utilities for review and approval by the City Engineer. The two proposed entrances for this site off of Singletree Lane will also serve the two adjoining properties; therefore, prior to release of the final plat the Developer should enter into a cross- access easement agreement with the City. BONDING: Bonding for the installation of all public utilities must be provided prior to release of the final plat. RECOMMENDATION: Recommend approval of the final plat of Eden Prairie Marketcenter subject to the requirements of this report, the Developer's Agreement and the following: JJ:ssa cc: 1. 2. 3. 4. Receipt of engineering fee in the amount of $500.00 Execution of cross-access easement agreement Satisfaction of bonding requirements Provide a 20-foot drainage and utility easement adjacent to Singletree Lane. Brunswick Corporation H.T.P.O. 1110 • , • • • -MEMORANDUM- TO: Mayor Tenpas and City Council members THROUGH: Eugene A. I?ietz,. Director of Public Works FROM: Alan D. Gray, City Engineer DATE: July 15, 1993 SUBJECT: Stonn Sewer on Outlot 1, Topview Acres 2nd Addition Mr. Carl Manson, the current owner of the westerly portion of Outlot 1, Topview Acres 2nd Addition, has requested the City relocate its storm sewer on the outlot which drains Topview Road to the existing wetland on Outlot 1. Currently a recorded or dedicated utility easement does not exist for the segment of the storm sewer on Outlot 1. The purpose of this memo is to outline, for Council, the history of this project. The preliminary plat for the Topview Acres area was prepared in 1956. The preliminary plat shows a low lying wetland area adjacent to County Road No. 60 (now Roberts Drive) within an irregular shaped parcel of approximately 4.37 acres and labeled as "park". The final plat for this area is designated Topview Acres 2nd Addition. It was prepared in 1961 and the area labeled as "park" on the preliminary plat is now designated Outlot 1. The preliminary plat indicates a low wetland area within the Outlot. The streets and storm drainage system were installed in the area northerly of Outlot 1 by the developer in 1965. At this time the City did not have a utility system so only street and storm sewer were included in the public improvements. The developer constructed a storm sewer from a low point in Topview Road and directed the storm sewer along the common property line between Lots 19 and 20 of Block 1 to Outlot 1. There are drainage and utility easements dedicated on the plat of Topview Acres 2nd Addition for the storm sewer between Lots 19 and 20. Even though Outlot 1 contains a large natural wetland area and the storm drainage from the Topview Acres area has been directed there by a storm sewer since 1965, the plat of Topview Acres, prepared in 1961, did not contain drainage and utility easements over Outlot 1. In 1979 the City Street Department constructed an· extension to the storm sewer which discharges onto Outlot 1. This work was done to correct an erosion problem that had developed at the outlet. The then owner of the property, Phyllis Lahn, granted permission for Lie City to enter onto the property and construct the storm sewer extension. Ur. Carl Manson has recently purchased the westerly portion of Outlot 1 from Phyllis Lahn. Mr. Uanson has requested that the City relocate the storm sewer on Outlot 1 at City expense . 1111 Storm Sewer on Outlot 1, Topview Acres 2nd Addition July 15, 1993 Page 2 of2 The City attorney has advised us that when Public Works personnel entered onto the property and constructed the storm sewer extension in 1979 a taking occurred. To the extent that the storm sewer construction which occurred in 1979 would result in a decrease in property value, the owner at that time would have a claim against the City. When Mr. Manson purchased the property the storm sewer outlet had been in place for nine to ten years. He purchased from the owner who allowed the City to construct the extension in 1979. In similar cases, the Minnesota courts have ruled that the purchase price reflects the value of the property with the existing storm sewer in place. If the property was devalued by the construction of the storm sewer in 1979 the owner at the time of construction may have a claim against the City for the decrease in value. A subsequent purchaser does not have a claim against the City in these circumstances. With this backgrour.d we are attempting to WOIk with Mr. Manson to arrive at ,:. 'equitable solution. It is, however, important that the City rely on past court decisions in these circumstances. There are other instances of utility installations with the owners authorization which do not have • dedicated easements. It will be expensive f~r the City to compensate current owners or relocate • these utilities at City expense. The City was not negligent in the construction of the storm sewer. In 1965 the owner/developer of the prcperty planned and constructed the storm sewer onto Outlot 1. In 1979 the then owner authorized the City to extend the storm sewer. The current owner purchased the property with the storm sewer outlet in place. Minnesota courts have ruled that in similar circumstances the City is not obligated to remove the improvement or to compensate the current owner. the owner at the time the improvement was constructed may be entitled to compensation. ADG:ssa 1112 • , May 24, 1993 Ms. Joyce Provo City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Ms. Provo: I am writing in regards to my phone conversation with you today regarding my request to appear before the Eden Prairie City Council. The situation is that I intend to build a home on a three acre parcel of land in the Top View Acres Second Edition in Eden Prairie. The lot is part of an original outlot (Outlot One) and the City owns 3/4 of an acre adjacent to my Westerly property line. The problem I have is, a city storm sewer drains fror~~ Topview Road to the North into the area where I would like to put my house (I have enclosed a preliminary site plan showing the house in relation to the storm sewer outlet). The issue, from the City'S perspective, is that there is no easement for the storm sewer nor are there any drainage or utility easements on any but the easterly edge of my property (a city storm sewer also drains from the South of Roberts drive onto my property, and runoff from Vina Lane to the East is also directed onto my property). There are also no ponding easements. Apparently, Topview Acres Second Addition was platted prior to the watershed district becoming active and the situation has never been resolved. This situation is documented in the City's records. I have had several discussions (starting in the Fall of 1991) with Alan Gray, the City Engineer, regarding the situation and his position is that, it is my problem. He offered to assess me $10,000 to correct the problem if I, in turn, gave the city an easement for the storm sewer at my home site. Needless to say, I did not jump at the offer. Since that time I have written to Carl Jullie, the City Manager, and my attorney has written to the City Attorney on two occasions. None of these letters have been answered (copies of these letters are enclosed). I have had several contractors look over the building site and it has been suggested that even if the current pipe is rerouted to the ponding area from its current point of access, a leak in the system could damage my house or, at the very least, wash out my driveway. From the topos the city has on record as well as my personal observations, it would appear that the storm sewer enters my property at a high point and disturbs what would have been the natural drainage pattern to the West, which would miss my house by a considerable margin. Thus, what I am requesting is that, in exchange for an easement, the city rerout the storm sewer from Topview Road so it enters my property between Lots 18 and 19 (or farther West) rather than the current position between Lots 19 and 20. Or, even better from my perspective, rout the water onto City property (I am understandably reluctant to grant a ~.-.-.. / .1,.. • • # -' utalilit y) eaEs~mhent dfow h n the ~iddle of1m d Yb property --.this willhin no wldaYhenhabnce mhy propert l y ._._ v ue. It er 0 t ese optIOns wou etter approXlnlate w at wou ave een t e natura drainage pattern. It may not be necessary to use a pipe down to the pond, but that would be up to engineering to decide. We can also discuss the issue of the other drainage points onto my property as well as ponding easements. My basic position is that I want to be able to safely build on my property without spending money to correct what are, in fact, City problems. If anyone has any questions for me, I can be reached at 935-2035 days and at 449-9326 nights. Sincerely, ~t<.~ Carl R. Manson 15400 18th Avenue North Apt. 1212 Plymouth, MN 55447 enc. ---May 19, 1992 Mr. Carl J. Jullie, City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Jullie: I am writing in regards to the portion of Outlot 1, Topview Acres 2nd Addition on Roberts Drive that I purchased in 1988. As you are probably aware, there is an infonnal stOlID sewer system that has developed on this property over the years that provides drainage from Topview Road, to the North, and the surrounding ~ The problem is that the outlet onto my property happens to be right where I want to put ~y house. Consequently, I plan to move the outlet to the Southwest of the house. I hav~ had a number of discussions with Alan Gray regarding installing a system that drains directly into the existing ponding area and granting the city an easement over the system. Unfortunately, things always seem to work around to me spending $7000 to $10,000 to fIx the problem, and then grant an easement to the city. To date, I have refrained from taking the position that resolution of this situation is the sole responsibility of the City of Eden Prairie, even though that position would probably be defensible. Instead, I have taken the more pragmatic view that in order to put my house were I want it, I need to move the existing outlet. The purpose of this letter is to afford the city the opportunity of resolving this problem once and for all. The issue is what is the ci~ willing and/or able to do to help me bridge the gap between a $3500 expenditure (for simply moving the outlet) and a $10,000 expenditure (for bringing the outlet down to the ponding areas, with the city getting an easement) besides assessing me for the $10,000. If you would like to calI me to discuss this, I can be reached at 935-2035 during the day. Sincerely, ~£ /h.---- Carl Manson 15400 18th Ave. N., Apt. 1212 Plymouth, MN 55447 ~r-, -, .' . , BRUCEA. RASMUSSEN & ASSOCIATES, LTD. ATrORNEYS AND COUNSELLORS AT LAW BRUCE A. RASMUSSEN SCOT[' R. CARLSON I..ARRY M. JENNINGS 2116 SECOND AVENUE SOt.TI'H MINNEAPQUS. MINNESOTA 55404 OF CXlIJNSEL JAMES L. HE11-AND. JR. RlCHAJU) D. DONOHOO Roger Pauly, City Attorney City of Eden Prairie Lang, Pauly & Gregerson 250 Prairie Center Drive Eden Prairie, Minnesota 55346 August 19, 1992 'IELEPHONE 612-874-7071 TEUCOPlER 612-874-9793 Re: Easements over a portion of Outlot One, Block I, Topview Acres Second Addition, Hennepin County, Minnesota Dear Mr. Pauly: Enclosed please find a photocopy of a survey of the above- described real property which you re~~~sted during our telephone conversation in late July, Carl Manson, my client, purchased the property in May 1988 with the intention of constructing his home on it. No additional construction is contemplated on the site which ~ • has an area of three acres, more or less; approximately half the •. property is normally submerged with the waters of a small pond. The property has basically one site which is suitable for the location of a home because the central portion is covered by the pond. Unfortunately, a storm sewer pipe which is owned by the City of Eden Prairie traverses the proposed location of the foundation of the Manson home. Alan Gray, City Engineer of Eden Prairie, has determined that it is feasible to relocate the sewer pipe. However, the cost to do so would be substantial. Neither Mr. Gray's departmental budget nor Mr. Manson's personal budget includes sufficient funds to relocate the pipe at a cost estimated to run between $8,000.00 and $35,000.00. I believe that the City of Eden Prairie has situated its storm sewer pipe on the Manson property without obtaining an easement or right to enter the property. Furthermore, it appears that the City has situated three culverts in a manner which disrupts the natural water flow by forcing rainwater into restricted channels directed onto the Manson property. The three culverts empty onto the Manson property across Top View Road, Vina Lane, and south of Roberts Drive. It also appears that the City has no easement permitting it to pond or impound water on the Manson property. Similarly, the City does not that the required easement for the manhole situated on the ~ Manson property. ..,.... li~Drt ~·t. - fi BRUCE A. RASMUSSEN & ASSOCIATES, LTD. Roger Pauly, City Attorney City of Eden Prairie August 19, 1992 Page Two Mr. Gary mentioned to Mr. Manson that the City did not need to obtain easements over the Manson property nor would the City have any legal obligation to give consideration for easements because the City can assert the doctrine of adverse possession to perfect its right to use the land. I have learned that the Manson property is registered property. Minn. Stat. § 508.02 provides that "[n]o title to '.... registered land may be derogated by adverse possession." The operation of Minn. Stat. § 508.02 renders the City's use of the Manson property an unauthorized interference with the rights of the owner of the property. I am reasonably certain that Mr. f~nson will consider granting those easements needed by the City if the City relocates its storm sewer line as required to permit the development of the site to be completed. It appears that Mr. Manson would prevail if he were forced to undertake the expense of bringing an inverse condemnation action. I understand that you will need to analyze this matter and discuss it with your client. Would you please contact me after you have done so and certainly by September 1, 1992. If you have any questions or need any additional information, please call. Sincerely, BRUCE A. RASMUSSEN & ASSOCIATES~ LTD. o(~/n.~~. Larry M. Jennings or LMJ~ Enclosure cc: Mr. Carl Manson BRUCEA. RASMUSSEN & ASSOCIATES, LTD. BRUCE A. RASMUSSEN SCOTT R. CARLSON LARRY M. IENNINGS ATIORNEYS AND COUNSELLORS AT LAW 2116 SECOND AVENUE SOtn'H MINNEAPOUS. MINNESOTA 55404 ~2~71 ff; OPCXXJNSEL JAMES L. HEI1..AND. JR. RICHARD D. DONOHOO September 24, 1992 Roger Pauly, City Attorney City of Eden Prairie Lang, Pauly & Gregerson 250 Prairie Center Drive Eden Prairie, Minnesota 55346 TELECOPIER 612-874·9793 · ....... Re: Outlot One, Topview Acres Second Addition, Hennepin County, Minnesota, Torrens Certificate No. 776548. Dear Mr. Pauly: I write concerning the above-despribed real property, having received no response from you to my ~~tter of August 19, 1992. It appears that the City of Eden Prairie is the owner of certain personal property which is now situated on the real property described above and owned by Carl Manson, my client. That J personal property which I believe is owned by the City of Eden ~ Prairie includes, among other things, two culverts and ,a manhole. Please have your client arrange to have those objects removed from the above-described property and restore the drainage pattern to that which existed before your client altered the natural drainage of the area. Please have the above-described task completed on or before October 1, 1992. You may contact me to arrange for access to the property. If you have any questions or need any additional information, please call. LMJ: jan Enclosure cc: Mr. Carl Manson Sincerely, • e~ e_ :- e l " / f " "":: .. i;' /~, ! / I -.~ . , ... f , '~l. .' ----..I ,- o . .-: .. .+:~.-~o. ;. -_.-, , .. . :.. ,. ~ ,. 0 _ ... ~r /.' lJII,-J,. . : -of' ...... • o. ·-·~:-Rp-~~~~. :~~~f -:--------- P. ...... " I r I I I I I '~ ~__ f ." ~ JtOBIlRT I. LANG 1100£1\ A PAULY DAVID H. CRECERSON· lUC'HARJ) P. ROSOW MARX J. JOHNSON Jo.SEPH A. !'II'I..AN JOIt.'f W. L."-'IO, CPA Jl.'D11lI H. D{;TOIER II."RBAR.' ~ ROSS V.ILUA~ R ~ILLER TODD A. s."TT1..£R JD-l\lFER M. 1HZ •• ~tJo AfII.h..t.t.d 'e tn..1e. Low Ia W'_iI LANG, PAULY & GREGERSON, LTD. ATTORNEYS AT LAW SUBURBAN PUCE BUILDING 2!O PRAIRIE CENTER DRIVE, SUITE 370 EDEN PRAIRIE, MINNESOTA 55344 TELEPHONE: (612) 829·7355 FAX: (612) 829-0113 June 4, 1993 Larry M. Jennings Bruce A. Rasmussen & Associates, Ltd. 2116 Second Avenue South Minneapolis, MN 55404 RE: Outlot 1, Topview Acres, t~ond Addition Carl Manson -City of Eden Prairie Dear Mr. Jennings: ~r~NE.\l'OUS OFF1CE 4400 IDS CEfiEI\ 80 SOl/TN EIGHTH STREET MINNE.VOlJS. Ml!'1N£5OTA S$41ll (612) Jl!-lr.i5 I'AX (612; J&47l8 £(LPLY TO EDEN PRAIRIE Ol'1'tell; I have now obtained information from the City Engineer of the City of Eden Prairie concerning the storm sewer system and a storm sewer pipe located on the above-described lot, which has been the subj ect of previous communication between your client and Mr. Manson and the City. From this information, it appears that the storm sewer was constructed in 1964. In 1979, pursuant to right of entry granted by the owner of the lot, the City constructed an extension of the pipe which Mr. Manson-claims interferes with the location of a house. Further, it is my understanding that Mr. Manson purchased the property in 1989. From the foregoing it is apparent that there was either (i) a taking by the City, or (ii) a grant of an easement to the City by a previous owner, long before your client acquired the property. In ai ther case, the City has a right to maintain the pipe and drainage in its present state and your client is not entitled to recover any amounts from the City for the pipe and drainage on the property. It 1s quite clear that if there was a taking, as opposed to a grant of an easement by a previous owner, prior to the acquisition of the property by your client, Mr. Manson, he is not entitled to any damages or compensation from the City. Furthermore, it is clear that any such taking occurred prior to the acquisition of the property by Mr. Manson. If a taking has occurred it is the oerson who owns the ro ert at the time of the taking who is entit edto compensation for the taking. Brooks Inv. Co. v. City of Bloomington, 232 N.W.2d 911 (MN S. ct. 1975). In Brooks, the Minnesota Supreme Court held that one who purchases property after an actual taking has occurred, but before commencement of condemnation proceedings, is not entitled to lilJ ..,...,. • ...1 ... 'n-=-.....,~c-. ....... ~ '_"-'L.I' _ .... -- --- - _ ... _.. . Larry M. Jennings June 4, 1993 Page 2 compensation for the taking. part, In so holding the Court stated in "Where the governmental body does take possession of the property or damages it so as to deprive the o~ner of possession prior to the sale, the original owner is entitled to the award." "The theory is that where the government interferes ~ith a person's property to such a substantial extent, the owner has lost a part of his interest in t..be real property. Substituted for the property loss is the right to compensation. When ~;:)he original owner conveys what remains of the realty, he does not transfer the right to compensation for the portion he has lost without a separate assignment of such right. If the rule were otherwise, the original owner of damaged property would suffer a loss and the purchaser of that property would receive a windfall. Presumably, the purchaser will pay the seller only for the real property interest that the seller possesses at the time of the sale and can transfer." 232 N.W.2d at 918. In its opinion the Court quoted with approval from 2 Nichols, Eminent Domain (Rev. 3 ed.), § 5.21 as follows: "If a parcel of land is sold after a portion of it has been taken (or after it has been injuriously affected by the construction of some authorized public work), the right to compensation, constitutional or statutory, does not run with the land but remains a personal claim in the hands of the vendor, unless it has been assigned by special assignment or by a provision in the deed.***" 232 N.W.2d at 917. Cases cited by the Supreme Court in support of its holding include American National Bank v. uad Construction Inc., Colo. App. 504, P.2d 1113 (CO o. ct. App. Div. 1, 1972); Rogers v. Lower Clear Creek Ditch Co., 165 P. 248 (S·.·ct. Colo. 1917); Markiewicus:a:: v. Town of Methuen, 16 N.E. 2d 32 (S. ct. Mass. 1938). ~ 11Z\ tarry M. Jennings June 4, 1993 Page 3 Not~i thstanding, the assumption for purposes of discussion that there has been a taking, there is substantial evidence that the pipe exists on the property as a ~esult of the owners granting the right for it to be there. In that case, as in the former, Mr. Manson acquired the property subject to the rights in the property of the City by virtue of the existence of the pipe at the time of purchase of the property by Mr. Manson. Thus, by taking or by grant, the City obtained an interest in the property for the pipe and drainage prior to its purchase by Mr. Manson. in either event, he is not entitled to any compensation for that interest. q NotWithstanding the foregOing conclusion, a proposal was made to i"1 your client to modify the drainage and to limit the assessed cost against the property to no more than-$9,SOO. The proposal is, of course, subject to Council approval. Please let me know whether your client wishes to pursue that p~~posal. Sincerely, Roger A. Pauly RAP:ss Copy to: Alan Gray, City Engineer • • • MEMORANDUM TO: Mayor and City council THROUGH: Carl J. Jullie FROM: City Manager Natalie·Swaggert Staff Liaison to DATE: July 15, 1993 SUBJECT: Request for Joint Meeting ts committee The Human Rights Committee members are requesting the opportunity to meet jointly with the City Council at 6:00 p.m. before either the regular city Council meeting on September 7 or 21. The purpose of the meeting will be to update the Council on the status of adoption of the Manifesto, provide an update on projects, and discuss the type of resources needed to effectively implement the Committee's work plan. CJl:NJS:bmm lit?> • • • July 9, 1993 Eden Prairie City Council Dear Council Members: I Would like to continue to serve on the Hennepin County Nine Mile Watershed District Board of Managers. With the upcoming Smetana Lake program I feel I can represent Eden Prairie's interest in properely developing this important project. Thank you for considering my re-appointment to the Nine Mile Watershed Board. Chairman 10252ValleyViewRoad • Eden Prairie, Minnesota 55344 • (612)941-3006 • FAX (612) 829-5423 (1<6L{ • • • TO: THROUGH: FROM: DATE: SUBJECT: M E M 0 RAN DUM Mayor and City Council Carl J. Jullie, City Manager Craig Dawson, Assistant to city Manager/1~ Kate Garwood, Records Specialist ~ July 15, 1993 Award contract for Audio/Video/Cablecasting System for New Council Chamber at City Center One of the long-standing goals of the City Council has been to provide quality cablecasting of meetings in the Council Chamber. The most important design criteria for the new City Center Council Chamber have been the needs for cablecasting and of the audience, presenters, and participants at meetings. Components for these systems are numerous, sophisticated, and add up. Based upon the advice and preliminary work of Jamieson and Associates, inc., a consultant who has designed such systems for several metropolitan cities, a $250,000 budget was established for this project within the overall budget for remodeling the City Center . Features of the system include production consoles, five cameras, TV monitors for persons sitting at the Council table, three TV screens for the audience and monitors for three other locations in the building, video graphics, video recorders, and microphones and speakers. The existing Council Chamber audio components will be incorporated into the new system. The audio and video systems proposed would also be able to operate for all functions in the Council Chamber independently of the cablecasting equipment. Tapes of meetings would be made for rebroadcast over cable as well as video archives of official City proceedings. Staff is exploring opportunities for others to use and/or rent the equipment and for production of meetings and programs. Proposals from three firms to install the system were unsealed on July 2, 1993. Prices are summarized as follows: AVI Systems Todd communications Acoustic Comm.s Base Price $238,181. 73 268,604.79 406,408.54 . 11?;'<) options Total Price $25,962.76 $264,144.49 31,275.00 299.879.79 39,451.50 445,860.04 A-V/Cablecasting for New Council Chamber Page Two Proposals were presented to identify costs for individual components in the base price so they could be deducted from the contract for equipment and services. staff has reviewed these individual items and determined which ones could be deleted without compromising the desired output of the system. The consultant has concurred with these deletions. The resulting price--$225,000--is comparable with such recent installations as the City of Burnsville. Recommendation: It is recommended that a contract be executed with Avr systems of Eden Prairie to equip and install the audio, video, and cablecasting systems for the new Council Chamber per its proposal of July 2, 1993, and subsequently modified to result in a cost of approximately $225,000. (This cost is below the $250,000 budget for this installation.) According to the city's request for proposal, the audio components would be operational by October 15, 1993, and the video components would be operational by December 15, 1993. It is anticipated that meetings would begin to be cablecast early in 1994 after gaining some trial experience with the system. CJI:cwd ['loCo • • • • MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resouree~ DATE: July 12, 1993 SUBJECT: Riley Lake Park Expansion BACKGROUND: In January of 1993 the City Council authorized getting appraisals of the four properties between the southern boundary of Riley Lake Park and the City's additional lakeshore property west of Riley Lake Road. The City Council also directed staff to determine what options should be considered other than the proposed plan to acquire all four properties at this time. The City staff discussed three options with the four property owners: • Option #1: • The City would not acquire either 9291 or 9281 (the two northern most parcels) until those property owners wish to sell. The City would purchase the two southern most parcels, and would place the boat launch in that location utilizing the existing roadway to move cars with trailers to the existing parking lot. This option places the boat launch in the desired location, a significant distance away from the swimming beach, and adjacent to the existing City owned property to the south and west. Option #2: The City would not acquire any of the four sites and would construct the boat launch as far south in the existing park as possible and move the swimming beach as far north as possible. This would not allow any connection between the two existing City owned parcels. It would require removal of some of the trees within the park, and it would still put the boat launch relatively close to the swimming beach. Option #3: The City would purchase all four parcels at this time; however, we would grant life estate to the residents of 9291. When they are no longer able to live,in that home both homes would revert 1 rrz7 Riley Lake Park Expansion July 12, 1993 to the City and would be removed from the park. Both property owners would be required to pay taxes on the property while they lived at the site, as well as any repairs needed to the homes. Any sublease would have to be approved by the City with lease income reverting to the City. All four property owners would prefer to maintain ownership of their property. The property owners at 9291 and 9281 would support Option 1 or Option 2. Property owners at 9300 Riley Lake Road and the vacant lot would support Option #2. APPRAISAL REPORTS: The deadline for completing the four appraisals originally was set for April 2nd. Staff did not receive the appraisal reports for these four sites until May 25, 1993. Staff rejected the appraisals at that time as having insufficient comparable properties in any of the reports. A revised appraisal report was submitted on Iuly 9th and forwarded to the property owners. Staff does believe the revised appraisals contain a sufficient number of comparable land sales and support the conclusions of the appraisals. The appraisal amounts are as follows: 1. 2. 9300 Riley Lake Road owned by James and Joan Thomas, a 7,556 square foot lot with a single family residence. Estimated market value $64,500. 9301 Riley Lake Road owned by Phillip R. Hill, an undeveloped lot containing .63 acres. Estimated market value $36,900. 3. 9291 Riley Lake Road owned by K.L. and 1.1. Shuldhiess, a 23,023 square foot lot containing a single family residence. Estimated market value $136,500. 4. 9281 Riley Lake Road, owned by Ernie Shuldhiess, a 21,756 square foot lot with a single family residence. Estimated market value $117,500. RECOMMENDATION: City staff recommend the City Council approve Option 1 to acquire the southern two parcels at this time in order to construct the boat launch in its final location adjacent to the existing City owned land to south and west. This location allows the City to place the boat launch as far away from the swimming area as possible and adjacent to an area already owned by the City that will accommodate boat parking without a negative impact on the rest of the park. This location separates the active boat traffic from the swimming beach and the proposed fishing piers. Staff will recommend a limited docking area along City land in that location. With the acquisition of the southern two parcels the City is acquiring an undeveloped lot and 2 • • • , • • • Riley Lake Park Expansion July 12, 1993 removing a home located between Riley Lake Road and the lakeshore that would not meet any existing City building regulations regarding setbacks from the road or the lakeshore for either the building or the sanitary sewer system. Riley Lake Road would remain in place serving the two remaining homes and would require minimal grading to allow access to the existing car/trailer parking lot. The access to the main parking lot would be limited to the east side of the park from the realigned Riley Lake Road. Staff would recommend that the properties at 9281 Riley Lake Road and 9291 Riley Lake Road remain in the City's Park and Open Space System Plan for future acquisition; however, staff believe that this park will function adequately in the interim. City staff request the City Council to authorize staff to negotiate for the acquisition of 9300 Riley Lake Road and 9301 Riley Lake Road at this time. RL:mdd rileymemo/l 3 • ~~Ol S:=Uley Lake Park I _ I FHo-q>-, bB- o 50 100 200 _ ......... ~orth • 1190