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HomeMy WebLinkAboutCity Council - 03/13/1990 .21 NOTE: THERE IS AN ORIENTATION/RECEPTION FOR CITY COUNCIL AND COMMISSION/BOARD MEMBERS FROM 6:30 PM TO 7:30 PM. (Dinner will be provided for Councilmembers before the reception at 6:00 PM). AGENDA EDEN PRAIRIE CITY COUNCIL TUESOAY, MARCH 13, 199D CITY HALL COUNCIL CHAMBERS, 7:30 PM 7600 Executive Drive COUNCILMEMBERS: Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas 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 Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Oeb Edlund PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special City Council Meeting held Wednesday, February 21, 1990 Page 450 III CONSENT CALENDAR A. Clerk's License List Page 454 8. Policy on Personal Flotation Devices Page 456 C. Village Greens Petition to Eliminate Sidewalk Requirement Page 459 D. Authorization to Use Funds from Book Sale for Microfilming Page 473 Historical Documents E. Policy on Acquisition of Historical Artifacts Page 474 F. Policy on RemovingSnow and Ice from Sidewalks — — Page 477 G. January 199D Financial Report Page 480 H. Yard Waste Facility Siting Page 483 I. Award of House Sale Page 484 J. Cost Participation w/MnDDT for Improvements to Trunk Highway No. Page 485 5I.C.I . 52-135 Resolution No. 9D-54) City Council Agenda - 2 - Tuesday, March 13, 1990 K. Declaring Costs, Ordering Preparation of a Special Page 486 Assessment Roll for Modern Tire Company Property Fire Protection System and Set Hearing Date�fesolution No. 90-55T L. Settlement Agreement for Patricia Nelson Special Assessment Appeal (I.C. 52-1D9)) Page 488 M. Final Plat Approval of Fairfield 2nd Addition (located west of Page 492 County Road No. 4 and north of PioneeTTFITIY Resolution No.-O-59 N. Approval of Transfer of Ownership for Parkway Apartments Page 497 (Resolution No. 90-64r 0. SHORES OF MITCHELL LAKE by MR-USHOT. 2nd Reading of Ordinance Page 504 No. 37-89, Rezoning from Rural to R1-13.5, with variances reviewed by the Board of Appeals; Approval of Developer's Agreement and Supplement to Developer's Agreement for Shores of Mitchell Lake; and Adoption of Resolution No. 90-66, Authorizing Summary of Ordinance No. 37-89 and Ordering Publication of Said Summary. Location: South of Highway No. 5, west of Mitchell Lake, east of Dell Road (extended). (Ordinance No. 37-89 - Rezoning; Resolution No. 90-66 - Authorizing Summary and Publication) P. Roger's Auto Body - Extension of time for Developer's Agreement Page 516 to 3/15/T Q. EDEN PRAIRIE SERVICE by Rosewood Construction for Aspen Park Page 517 r8—erties. Request for Comprehensive Guide Plan Amendment from Office to Community Commercial on 1.5 acres; Planned Unit Development Concept Amendment on approximately 37 areas for consideration of a 3,300 square foot Auto Service Center. Location: Northwest corner of Fuller Road (extended) and Highway 5 (Resolution No. 90-49 - Denial of Request) R. Receive Petition for Sanitary Sewer Watermain, Storm Sewer and Page 519 Street Improvements on White TeiT-Crossing and Trotters Path and Drder Feasibility Study, I.C. 52-194 (Resolution No. 9D-62 S. Receive 100% Petition for Sanitary Sewer, Watermain, Storm Sewer Page 523 and Street Improvements within Bluffs East 7th Addition and Order Reparation of Plans and Specifications, I.C.. 52-195 (Resolution No. 90-63) T. Approval of Agreement for City Communication System with E. F. Page 525 Johnson IV. PUBLIC HEARINGS A. INTERNATIONAL SCHOOL, PHASE II by International School of Pages 311 & Minnesota, Inc. Request for-Zoning District Amendment with the 526 Public Zoning District on approximately 38 acres, Site Plan Review on approximately 38 acres for construction of a 27,640 square foot addition. Location: South of Crosstown #62, north of Bryant Lake, ( west of Nine Mile Creek. (Ordinance No. 4-90 - Zoning District Amendment) Continued from February 20 Council meeting 4 City Council Agenda - 3 - Tuesday, March 13, 1990 8. VACATION NO. 90-02 - RIGHT-OF-WAY FOR CORRAL LANE (Resolution No. Page 534 90-56 C. ORDER IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS, Page 535 I.C. 52-166 (Sanitary Sewer, Watermain, Street and Drainage Fovements in Summit/Meadowvale/Red Oak Drives Neighborhood) Resolution No. 90-61 D. JAMESTOWN PLANNED UNIT DEVELOPMENT by Tandem Properties. Page 536 Request for Comprehensive Guide Plan Amendment from Low Density Residential to Neighborhood Commercial on 5.59 acres and from Low Density Residential to Medium Density Residential on 12.16 acres, Planned Unit Development Concept Review on 60.79 acres, Planned Unit Development District Review on 60.79 acres with waivers, Site Plan Review and Zoning District Change from Rural to R1-13.5 on 17.7 acres and Rural to R1-22 on 15.7 acres, Preliminary Plat of 60.79 acres into 17 townhouse lots, 58 single family lots, 2 outlots and road right-of-way, Environmental Assessment Worksheet Review on 60.79 acres. Location: South of Highway No. 5, east of West 184th Avenue (Ordinance No. 3-90-PUD-1-90 - PUD District Reviw and Rezoning) E. McDONALDS by McDonald's Corporation. Request for Planned Unit Page 539 Development District Review and Zoning District Amendment within the C-Reg-Ser Zoning District on 1.4 acres with waiver for parking setback, Site Plan Review on 1.4 acres, Preliminary Plat of 8.2 acres into 2 lots for construction of a fast food restaurant. Location: East of Highway #169, north of Prairie Center Drive. (Ordinance No. 13-90-PUD-7-90 - PUD District and Zoning District Amendment; Resolution No. 90-51 - Prelimimary Plat) F. VACATION NO. 90-03 - DRAINAGE & UTILITY EASEMENTS IN WELTER Page 546 PURGATORYRTRES 24D(Reso ution No. 90-57) G. VACATION NO. 90-04 - RIGHT-OF-WAY FOR PART OF WEST 184TH AVENUE Page 547 (Resolution No. 90-58) V. PAYMENT OF CLAIMS Page 548 VI. ORDINANCES & RESOLUTIONS A. SANDY PDINTE by Sandy Pointe Development. 2nd Reading of Ordinance Page 557 N1-89, Rezoning from Rural to R1-13.5; Approval of Developer's Agreement and Supplements to Developer's Agreement; and Adoption of Resolution No. 90-70, Authorizing Summary of Ordinance No. 41-89 and Ordering Publication of Said Summary. Location: North of Pioneer Trail, east of Corral Lane, southwest of Red Rock Lake ((Ordinance No. 41-89 - Rezoning; Resolution No. 90-70 - Authorizing Summary of Publication) B. Final Plat Approval of Sandy Pointe (located north of Corral_ Lane Page 568 and southwest of Red Rock Lake) Resolution No. 90-60 City Council Agenda - 4 - Tuesday, March 13, 1990 C. Resolution Relating to Development District No. 1 and Tax Page 571 Increment Financing Districts Nos. 2 3.1 6 a� Calling of r a Public Hearing on the Adoption of Amendments to the NVelopment Program and lax Increment Financing Plans Therefor (Resolution No. 90-65) D. DEAN SWANSON ADDITION by Dean E. Swanson. Request for Preliminary page 595 P a ting of .97 acres into two single family lots within the R1-22 Zoning District with variances for lot size and structure setback. (Resolution No. 90-53 - Preliminary Plat) E. EDENVALE INDUSTRIAL PARK, 8TH ADDITION (aka: Bergin Auto Body) Page 604 by James Bergin. Request for Preliminary Platting of`4.7 acres into 1 lot and 1 outlot with lot frontage variance to be reviewed by the Board of Appeals. Location: Northwest corner of Corporate Way and Martin Drive. (Resolution No. 90-50 - Preliminary Plat) F. EDEN PRAIRIE CENTER, 8TH ADDITION (aka: Eden Square/Tower Bank Page 607 Square) by Robert Larsen Partnership, Inc. Request for Preliminary Platting of 8.2 acres into 2 lots. Location: East of Highway #169 and north of Prairie Center Drive. (Resolution No. 90-52 - Preliminary Plat) VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Appeal Board of Appeals & Adjustments Decision on Variance Page 612 Request No. 95704 and set Hearing for March 2j 1990 VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment of members to the Landfill Advisory Committee (Continued from February 20, 1990 Council meeting) X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Councilmembers B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Director of Parks, Recreation & Natural Resources 1. Riley Lake Park Acquisition Page 616 F. Report of Director of Public Works } G. Report of Finance Director { XI. NEW BUSINESS if XII. ADJOURNMENT MINUTES EDEN PRAIRIE CITY COUNCIL WEDNESDAY, FEBRUARY 21, 1990 CITY HALL COUNCIL CHAMBERS, 6:00 PM 7600 Executive Drive COUNCILMEMBERS PRESENT: Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas COUNCILMEMBER ABSENT: Mayor Gary D. Peterson CITY COUNCIL STAFF: City Manager Carl J. Jullie and Administrative Assistant Joyce Provo At this meeting the Council interviewed candidates for the City's various boards/commissions and then made appointments thereto in accordance with the following: BOARD OF I PEALS & ADJUSTMENTS - 3 Appointments for three-year terms Terms Expiring Year Appointed Scott R. Anderson (seeks reappointment) 1988 Dwight S. Harvey (seeks reappointment) 1987 Steve Longman 1986 Candidates Scott R. Anderson (Incumbent - Mr. Anderson requested to be interviewed for the Planning Commission as he is presently serving on the Board of Appeals & Adjustments; however, he would like to continue on the Board of Appeals & Adjustments if not appointed to the Planning Commission) Dwight S. Harvey (Incumbent) Michael T. Kallas (Also interested in Building Code Board of Appeals or Flying Cloud Airport Advisory Commssion. Also indicated he would be willing to serve on any board/commission) Arthur B. Weeks Those present for the interview were: Dwight S. Harvey, Michael Kallas, and Arthur Weeks. The Council interviewed these candidates asking questions about their background and interest in service on this Board. MOTION: Tenpas moved, seconded by Harris, to appoint Scott Anderson, Dwight Harvey, and Arthur Weeks to the Board of Appeals & Adjustments for three-year terms each. Motion carried unanimously. BUILDING CODE BOARD OF APPEALS - 1 Appointment for a three-year term Term Expiring Year A ointed Brian Cluts (seeks reappointment) 98 Candidates Brian Cluts (Incumbent) Steve Kirchman I Present for the interview was Steve Kirchman. - 2 - MOTION: Tenpas moved, seconded by Pidcock, to appoint Brian Cluts for a three-year term. Motion carried unanimously. FLYING CLOUD AIRPORT ADVISORY COMMISSION - 3 Appointments for three- year terms: 1 Resident, 1 Metropolitan Airports Commission Representative, and 1 Flying Cloud Businessmen's Association Representative Terms Expiring Year Appointed John P. Dow (Incumbent - Resident Rep.) 1987 Tim Ashenfelter (Incumbent - Flying Cloud 1989 Businessmen's Rep.) Gary Schmidt (Incumbent - Metropolitan Airports 1986 Commission Rep.) Candidates John P. Dow (Incumbent - Resident Rep.) Tim Ashenfelter (Incumbent - Flying Cloud Businessmen's Rep.) Gary Schmidt (Incumbent - Metropolitan Airports Commission Rep.) Donald Atkins (applying for Resident position; also interested in: Parks, Recreation & Natural Resources Comm. or Historical & Cultural Commission) Ron Funk (applying for Resident Rep. on this Commission) Wallace Hustad (applying for Resident Rep. on this Commission) Richard S. Johnson (applying for Resident Rep. on this Commission) Those present for the interview were: Tim Ashenfelter, Donald Atkins, Wallace Hustad, and Richard S. Johnson. MOTION: Pidcock moved, seconded by Harris, to appoint John P. Dow as the Resident Representative, Tim Ashenfelter as the Flying Cloud Airport Businessmen's Representative, and Gary Schmidt as the Metropolitan Airports Commission Representative for three-year terms each. Pidcock, Harris and Anderson voted "aye", Tenpas voted "nay". Motion carried. HISTORICAL & CULTURAL COMMISSION - 3 Appointments: 2 three-year terms, and 1 unexpired term to 2/2B/91 Terms Expiring Year Appointed Richard G. Schuette 1987 Gwen Barker 1987 Candidates There were no candidates that listed this Commission as their first choice. MOTION: Tenpas moved, seconded by Harris, to appoint Donald Atkins and Carl Appelquist to three-year terms, and Michael Kallas to a one- year term on the Historical & Cultural Commission. Motion carried unanimously. y^ - 3 - HUMAN RIGHTS & SERVICES COMMISSION - 3 Appointments for three-year terms Terms Expiring Year Appointed Peter G. Iversen (seeks reappointment) 1988 Kent Barker (seeks reappointment - also 1987 interested in Flying Cloud Airport Advisory Commission) Melanie Lubbers Voris (does not seek 1988 reappointment) Candidates Kent Barker (Incumbent) Peter G. Iversen (Incumbent) Judy Schuck Those present for the interview were: Kent Barker and Judy Schuck. MOTION: Pidcock moved, seconded by Harris, to appoint Kent Barker, Peter G. Iversen, and Judy Schuck to the Human Rights & Services Commission for three-year terms each. Motion carried unanimously. PARKS, RECREATION & NATURAL RESOURCES COMMISSION - 3 Appointments for three-year terms Terms Expiring Year Appointed Morris "Moe" Cook - does not seek reappointment 19B4 Paul W. Karpinko - seeks reappointment 1989 Brian Mikkelson - does not seek reappointment 1986 Candidates Paul W. Karpinko (Incumbent) Mary E. Doppler (other choices: Human Rights & Services Commission or Planning Commission) Glenn Fristed Joanne L. Kube-Harderwijk David R. Kuechenmeister Ross L. Thorfinnson, Jr. (other choice: Human Rights & Services Commission) William D. Turkula (other choices: Flying Cloud Airport Advisory Commission or another board/commission) Del J. Vanderploeg Steven R. Williams Those present for the interview were: Mary Doppler, Glenn Fristed, Joanne L. Kube-Harderwijk, David Kuechenmeister, Del Vanderploeg, and Steven Williams. MOTION: Tenpas moved, seconded by Harris, to appoint Paul Karpinko, David Kuechenmeister, and Del J. Vanderploeg to the Parks, Recreation & Natural Resources Commission for three-year terms each. Motion carried unanimously. y�.l - 4 - PLANNING COMMISSION - 2 Appointments for three-year terms Terms Expiring Year Appointed Richard E. Anderson 1986 Timothy J. Bauer - interested in reappointment 1989 Candidates Timothy J. Bauer (Incumbent) Carl Appelquist (other choices: Human Rights & Services Commission or Parks, Recreation & Natural Resources Commission) Scott Anderson (presently member of the Board of Appeals & Adjustments and if not appointed to the Planning Commission would like to remain on the Board of Appeals & Adjustments) John M. Baker (other choices: Board of Appeals & Adjustments or Building Code Board of Appeals) Margaret DuCharme-Johnson - (other choice: Flying Cloud Airport Advisory Comm.) James W. Moen - (would be willing to serve on Waste Management Commission) Karen Norman Thomas M. Thorfinnson - (other choice: Parks, Recreation & Natural Resources Commission or Human Rights & Services Commission) Those present for the interview were: Carl Appelquist, John M. Baker, Margaret DuCharme-Johnson, James W. Moen, Karen Norman, and Thomas M. Thorfinnson. MOTION: Tenpas moved, seconded by Harris, to appoint Timothy J. Bauer and Karen Norman to the Planning Commission for three-year terms each. Motion carried unanimously. WASTE MANAGEMENT COMMISSION (2 Appointments for three-year terms) Terms Expiring Year Appointed Cindy Adalbert (seeks reappointment) 1988 Tim Pierce (seeks reappointment) 1988 Candidates Cindy Adalbert (Incumbent) Tim Pierce (Incumbent) Present for the interview was Cindy Adalbert. MOTION: Pidcock moved, seconded by Harris, to appoint Cindy Adalbert and James W. Moen to the Waste Management Commission for three-year terms each. Motion carried unanimously. Meeting adjourned at 10:05 PM. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 13, 1990 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Bergin Auto Body Arsnt Plumbing The Builders, Moleski Associated Mechanical Contractors Artisan Carpentry, Inc. Loren Brown Plumbing Robert W. Compton, Inc. City View Plumbing & Heating Conveyor Craft, Inc. Custom Plumbing, Inc. Hagman Construction, Inc. Dakota Plumbing & Heating, Inc. Gerald Johnson & Son Builders Egan & Sons Company Met-Con Construction, Inc. First Choice Plumbing M. A. Mortenson Company G & C Plumbing J. J. O'Neill & Associates Raymond E. Haeg Plumbing, Inc. New Concept Homes Hiltner Plumbing & Heating The Pemtom Company Klemm MMechanicai Contractors, Inc. T.J.U. Construction, Inc. Lakeside Plumbing & Heating Washtock Construction Larson Plumbing, Inc. . McDermott Plumbing, Inc. CONTRACTOR (1 & 2 FAMILY) McGuire & Sons Plumbing & Heating Mevissen Plumbing Frederick W. Bruning, Inc. Minnesota Plumbing & Heating, Inc. Faribault Federal Saving Bank Nickelson Plumbing & Heating, Inc. ( Fireplace Construction Co. Northland Mechanical Contractors Freudenberg Construction The Plumbing Place Frontier Development Regency Plumbing Giles Builders, Inc. Thoen Plumbing, Inc. Goodwin Builders, Inc. Tim's Quality Plumbing Gopher State Development Co. Voss Plumbing & Heating of MN., Inc. Michael Hayes Homes, Inc. Hestia Homes, Inc. HEATING & VENTILATING Hipp's Construction Co. Home Maintenance & Repair Advanced Mechanical Contractors Homeplace Builders, Inc. Air Conditioning Associates, Inc. Kee Construction, Inc. Associated Mechanical Contractors Harlan Koehnen Builders C. 0. Carlson Air Conditioning Mark C. Larsen Homes, Inc. Countryside Heating & Cooling Services Dennis Lunski Construction, Inc. D & D Electric, Inc. Henry M. Meyer & Son, Inc. D. J.'s Heating & Air Conditioning Cris Miller Homes Del Air Conditioning, Inc. Narr Construction, Inc. Egan & Sons Company l R. A. Neises Construction Faricon Service Palmer House Builders Fredrickson Heating & Air Conditioning L. R. Peterson Construction Gopher Heating & Sheet Metal, Inc. Plekkenpol Builders, Inc. Hiltner Plumbing & Heating Post Construction, Inc. Minding Heating & Air Conditioning Charles Richard, Inc. Innovative Heating & Air, Inc. Seldon Construction, Inc. Judkins Heating & Air Conditioning 1" R. L. Smith & Sons, Inc. Klemm Mechanical Contractors, Inc. N. Sons Construction Company Marsh Heating ?, Air Conditioning Sunshine Realty, Inc. Master Mechanical, Inc. TLCSN, Inc. Minnesota Plumbing S Heating, Inc. K. C. Winchell Co., Inc. 4Htj CLERK'S LICENSE APPLICATION LIST page two HEATING & VENTILATING (continued)) WATER SOFTENER Modern Heating & Air Conditioning Minnesota Plumbing & Heating, Inc. Northland Mechanical Contractors Minnesota Water Treatment Northwest Sheet Metal Company J. V. Schmidt, Inc. SEPTIC SYSTEMS Snell Mechanical, Inc. Summit Energy, Inc. Lakeside Plumbing & Heating GAS FITTER J. P. Norex, Inc. Advanced Mechanical Contractors TYPE A FOOD Air Conditioning Associates Driskill's Super Valu Associated Mechanical Contractors Gateway Foods (formerly Rainbow) Countryside Heating & Cooling Lunds,Inc. Custom Plumbing, Inc. D & 0 Electric, Inc. TYPE B FOOD D. J.'s Heating & Air Conditioning Del Air Conditioning, Inc. Preserve Rexall Drug Faircon Service Shinders Book Store Fredrickson Heating & Air Cond. Gopher Heating & Sheet Metal, Inc. TYPE C FOOD Raymond E. Haeg Plumbing, Inc. Hiltner Plumbing & Heating Amoco Food Shop (Aztec Drive) Innovative Heating & Air, Inc. Amoco Food Shop (Co. Rd. 62) (, Klamm Mechanical Contractors PDQ Food Store Lakeside Plumbing & Heating Larson Plumbing, Inc. CIGARETTE Marsh Heating & Air Conditioning McDermott Plumbing, Inc. A & J Enterprises McGuire & Sons Plumbing & Heating ARA Services Minnegasco, Inc. ACA Management Minnesota Plumbing & Heating Driskill's Super Valu Northland Mechanical Contractors Gateway Foods Steve Schmit Plumbing PDQ Food Store Snell Mechanical, Inc. Preserve Rexall Drug Untied Operations Shinders Book Store Wenzel Heating & Mr Conditioning Voss Plumbing & Heating of MN., Inc. MECHANICAL GAME Egan & Sons Company Carousel of Des Moines, Inc. FOOD VEHICLES Enterprises RETAIL CANDY OUTLET Bringers (General Mills) Fannie May Candy Shoo These licenses have been approved by the department heads responsible for e 1icens activity. ( Pat Solie, Licensing 67 6 1 or MEMORANDUM TO: Bob Lambert. Director of Parks and Recreation FROM: Jennifer Payne, Aquatic Supervisor DATE: January 23, 1990 SUBJECT: Personal Flotation Device Usage at Outdoor Beaches On January 4, 1990, the Hennepin Park and Recreation Commission decided to implement a new personal flotation device park ordinance. The ordinance that was passed reads as follows: It shall be unlawful to use within a designated swimming beach area, any innertube, life raft, or other inflatable or buoyant object or flotation device intended to support a person except a United States Coast Guard approved Type 1, or 3 personal flotation device may be used when it is properly secured. of the proper size and is undamaged. Use of such personal flotation devices shall be limited to specific sections of a swimming beach and any use outside these specific sections is prohibited. Handicapped persons who require use of a flotation device in order to participate in swimminq may be exempted from Section 3. paragraph d by special permit from the Director of Operations or his designee. { In Lifeguard and safety training classes, participants are taught that PFD's are used to assist in prevention of drowning in the case of an accident. This training has taught us that PFD's are not to be used for recreational swimming or in teaching children how to swim. The reasoning behind this train of thought, is that PFD's or attachable floats may produce a false sense of security while in the water. Unfortunately this concept is not otulewell lilikke ed or accepted by quite a few parents. Many petn o have their children wearing PFD's while in the water. There is no research available that indicates PFD's will increase any dangers of drowning in recreational swimming. Up to this point it has been a philosophy in training. Many surrounding cities are passing similar ordinances and I would like to suggest that Eden Prairie implement a policy that is comparable. Listed below are the concerns that may arise and possible solutions. A few of these examples have been discussed and documented by Hennepin Parks, although these complications may occur at any beach. 1. Concern - Small children will be floating all over the Swim area. Suggestion - Create a small shallow swim area at both Riley and Round Lake just for PFD's. This area could be on the south side of both beaches and can be sectioned off with ropes and buoys. One city stated they may require that 1156 • parents be in the water with the children wearing PFD's. . C This may be something to consider. 2. Concern - People wearing PFD's that do not fit properly. Suggestion - Guards will need to check the labels of the PFD's to make sure they are U.S. Coast Guard approved. 3. Concern - Patrons getting confused over beach rules. • Suggestion - New signs with beach rules including the use of . PFD's. The sign should also include a request for parents to supervise their children, wearing PFD's. 4. Concern - Lifeguards having reservations about this new rule. Suggestion - In the past two years Eden Prairie and Hennepin Parks together, have done a portion of the Lifeguard training together. In the past spectrum safety has conducted the training. A portion of this training can cover PFD's proper usage and fit. If this ordinance is to pass approval from the Park and Recreation Commission, summer staff will be instructed to keep records of patrons who use PFD's this season. • UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. March 5, 1990 -4- D. Policy on Personal Flotation Devices Refer to memo dated January 23, 1990 from Jennifer Payne, Aquatic Supervisor. Lambert said that Jennifer Payne, the Aquatic Supervisor at the Community Center for the last three years, is leaving to complete her nursing degree. She is working ten hours per week until her replacement is hired and then will train the new person. The PFD was an important issue for discussion by the Suburban Hennepin Parks Board last year. It is generally felt that these devices provide a false sense of security and in some cases, do not fit well. Hennepin Parks adopted a policy whereby the PFD's are allowed only in designated areas. It is recommended that this policy be adopted in Eden Prairie at Riley Lake and Round Lake. The area could be sectioned off with ropes and buoys. In addition, the PFD's must be U.S. Coast Guard approved. Kuechenmeister asked if additional staff will be required to police these devices and if so, what are the costs involved. Lambert said the City will not increase staff this year, but may have to change the location of guard chairs, etc. Baker asked what the history has been on water accidents in Eden Prairie. Lambert said that there was a skiing accident at Bryant Lake, a person run over by a boat at Lake Riley and a drowning at the Preserve Pool, but no drownings have occurred on City beaches. Eastman added that there have been no close calls or cases where CPR has been administered at the Community Center. Joyer asked if kids will be allowed to have beach balls, rubber rafts, etc. Lambert said yes, but this may change if it proves to be unmanageable. MOTION: Baker moved to recommend approval of a policy on personal flotation devices at outdoor beaches following the example set by Hennepin Parks. Kuechenmeister ( seconded the motion and it passed 5-0. F 451 4 MEMORANDUM AP— TO: Parks, Recreation and Natural Resources Commission Mayor and City Council THRU: Bob Lambert, Director of Parks, Recreation and Natural Resources FROM: Barbara Penning Cross, Landscape Architect DATE: January 30, 1990 SUBJECT: Sidewalks at Village Greens The City has received a petition from the residents of Village Greens. The Homeowner's Association has asked the City to reconsider the City Council Resolution 84-75 requiring the Developer to install 5' concrete sidewalks as shown on the attached plan. Because the project is six years old, I have reviewed file documents to provide the following chronology: April 3, 1984 Resolution No. 84-75 was adopted by the City Council setting forth specific conditions of Council approval for the Village Green. The Developer's Agreement states sidewalks as shown on the plan to be installed concurrent with road construction. September 12, 1986 Sidewalks were not installed.• A letter was sent to Mr. Frank Kraemer reminding him of the Developer's Agreement, and informing him that Valley View Road would be improved and he should coordinate sidewalk construction with the road improvement project. August 20, 1987 Road improvements were completed on Valley View Road. The Developer never contacted the engineer to coordinate sidewalk installation. Sidewalks along Valley View Road and along Golf View Drive to Bedford Drive were installed concurrent with road construction. May 24, 1988 Sidewalks were still not installed. A letter from the City was sent to the Developer asking for either a written request to the Council to waive the sidewalk requirement or to install the sidewalks. Escrow funds would be used if there was a failure by the Developer to do either one of the above items. { The petition process was started requesting the City to waive sidewalk requirements. The first petition was delivered to the INC) f{ 3 City in August of 1988. Only 22 of the 122 households were represented in the petition. ,The City responded by asking the Developer to provide a petition with more than 50% of the homeowners wishing to waive the sidewalk requirement. Attached is the petition representing 95 out of 122 households. According to the cover letter, dated January 9, 1990, 11 units are either rented or vacant and 15 homeowners could not be contacted. Only one homeowner refused to sign the petition. I have checked with the Engineering Department concerning this matter. The Director of Public Works informed me that the City does have $15,000 of escrow money to complete the sidewalk installation. Proposed improvements were to begin in the spring of 1990. STAFF RECOMMENDATIONS Staff has reviewed the sidewalk locations in this area. Sidewalks originally planned for this area were to provide safe access for small children to a totlot area located within the project. According to the letter, only six school age children live in the Village Greens area; therefore, the internal sidewalks are no longer critical. The sidewalk along Valley View Road was a critical link in the pedestrian system, but was installed as part the of Valley View Road improvements. A sidewalk along Golf View Drive to Bedford Drive was also .installed as part of the same road expansion. As part of the Developer's Agreement, a sidewalk should also extend along Golf View Road from Bedford up to the northern property boundary of the site. It is staff's recommendation that if 95 out of 122 homeowners want the internal sidewalk system waived within their development, staff should honor that. However, staff does not support waiving all sidewalk requirements. The sidewalk along Golf View Drive is a public street and should be installed to provide access to the neighbor-hood to the north. It is estimated that approximately $8000 from the escrow account will be needed to extend the sidewalk from Bedford Drive, to the north property line along Golf View Drive. BPC:mdd village/9 67. 4' :1 I 4 =,,' • * 411, • . . 1 It irfillti A 131!aft,1 #' 41.4 ii ti • * i, . .i,„,_ .1,:.• • • ,..,.. a Iv 71-12q. 0. toi * tt •;„kar 4, 010\lialiti""-::14 :4 l''' .t.1411' i'l dm Art , , isdillit.,ged ,if. ‘1.,,,,,7,' ,,,,64,...,-AIL lir IQ o's "je Si/ 1 A,11,11741 la ‘filf;.i'/ -,:r--. %No ..,iii s.,i , - , 1‘ • (C )41,47.50 1,440 ' f. 104* `A :1:14* dtoir, • s i. , 0,j il ,.... , ..../... 4) .44ot /i ` .fit' t �. o • W : 1 4e.t.. , .,.4 ., riiFQY*04'.0. ok. ,(: ,,- •••- .i. -21 ......, . (5 ,,i QLisfir w- ItAtli / .n F�c .!lid=: ..._1 n _. � '`�� . ..._ , .L.,.,.A,:ra , •-.....c, ,' VA.LE'( vl EWb Boom coROsED tIvEAJAL-Vs 46 FEF-- DE i w Mir ;i . i7(;EWQ - 1t4,TAu-Eo fuil►Nct vAlif.4 viEw lotio iMpPa✓EMeNTS(23(cnn) Village Greens In Edon Pt.bl. January 9, 1990 Parks and Resources Department City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55346 ATTN: Mr. Lampert Gentleman: This letter is written on behalf of the membership of Village Greens Homeowners Association and its Board of Directors which, by unanimous resolution, supports the content of this letter. Please be informed that the membership of Village Greens sees no need or purpose for sidewalks and would much prefer that they not be installed at Village Greens. ir We respectfully petition, therefore, that the City of Eden Prairie waive the requirement that sidewalks be installed adjacent to Village Greens townhouses for the following reasons: 1. Bedford, Amber and Allen streets are private roads; 2. Only six children of school age reside at Village Greens; 3. The locations of the sidewalks would be too close to the residential buildings; 4. Installation of the sidewalks would necessitate removal or relocation of large trees; 5. Most streets are dead end, and thus do not generate an inordinate amount of traffic and won't later hook up to other streets; and, 6. The necessary sidewalks are already installed along Valley View and Golf View Roads. In support of the preference of the vast majority of members and residents, we enclose a petition containing ninety-five signatures. Eleven dwelling units are either rented or vacant and thus are not represented on the petition. Fifteen homeowners could not be contacted and one refused to sign. There are one hundred and twenty-two townhouse units at Village Greens in total. Village Greens In Eden Prairie City Council • City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55346 Dear Council Members: As members of Village Greens Homeowners Association, we respectfully petition the City of Eden Prairie to waive requirement that sidewalks be installed adjacent to Village Greens townhomes for the following reasons: 1. Bedford, Amber and Allen streets are private roads; 2. Only six children of school age reside at Village Greens; 3. The locations of the sidewalks would be too close to the residential buildings; 4. Installation of the sidewalks would cause removal or relocation of large trees; Ir 5. Most streets are dead end, and thus do not generate an inordinate amount of traffic and won't later hook up to other streets; and, 6. The necessary sidewalks are already installed along Valley View and Golf View Roads. In summary, we see no need for sidewalks and we much prefer not to have them installed. Thank you for your consideration of this request. Respectfully submitted, VILLAGE GREENS CONDOMINIUM ASSOCIATION (Lists of Petitioners' Signatures, Addresses and Dates Attached) la . . City Council City of Eden Prairie )1"- 7600 Executive Drive t Eden Prairie, MN Name Address Date r—) ,L/ e.e ,e47 -27/0., 6„„-, )4,p 7ic9 01,6, 1I •kiz)/89 ) .; 4- ''J. •.--t'i.'' (' lq zi I 1:"?..,i.—11 •I'ai,-t.,../e, . /0(_;-.57P 1 144-e I 42xis--1.(2(1R.iA—"D',krt 1 frc_. / q .1 k.1 -Ain't i 7,79t1 (.i.•41,-::-L.--. jL-: „ ,"_s- ,,-,--2 ,..„..,...„ ,-,7/..! fin.. ,,,- /2k-P,1t-Rr, OP id/Id Yci —6—h--- /.;--: i, 1 I tOCie) 6 (d. ce 4zipLii_ , , . /- , et A' /0..e/ 14 .,:;? 'f 7,e, 4174 /41Y___ • • ii/J-3-1475)424.-4/XIL /0/, , 7 • izeio Pritlirrni 1,/- AIME) . /!., - • t. Iiiic- 6i)16,0...o DE se I 2qqrj Li,,,,0,.a.'•c/.,,7„A/,,v,7 t - __--- - 4LL4-, iiyI,,, 2 F1 72,th 47/,_ , ,- , 4/44,- c--E-- ,tip:5/i c • al . ---. 7/ '7 tie2.'.., cf-r • / - 9i(ir gib,11-1-, 404/47_ . C\ LT -•-• 1 1A,1),.., C A" it,/:2.t• ..'1-- ILI, te 1 J-Let_ inizffil 1 „,- 4 RZL.-7, ti 72:i L-J' :424,1 d,q,1,-.1 li_ 10121167 Ili 2-'fp (De.ti-,4-ed /.1 L i e/z9/641 ( 7gL7/(4. ki-ffe, all /61(z i(cs, r• /' - 1---- \ :-/61 City Council City of Eden Prairie 7600 Executive Drive ( Eden Prairie, MN Name Address Date dRi.kvi,Lii...24,1".-/ Al 3 7 c; 6-,,, -L-11 if—2-ry , 571,,./--z.,).< c�•! /i,/ 9.7 )',0,*,t //-7-Z `` ( / ss..'1e rl isl_S :% �-e't //`7 -may ,11 J Ztc. ,i,1 ) /4/3 7/_ IDg .6 c�z<i% //-"7-e9 /AlV.CGY4?1k�z /�'3� ; / c . .,i q-7- _'i /yes-/ et -7,X /1 -7- / /4 7 , . 5" -k . `. 11)(1 ,j oe rnti) /Y3,' 7 gel ifccC'Att_, //-%-Yi t ' L.0 LL. L_(',.6 1,..-) ,y F-17v ,^,�G'G'7,( / . //-/7- . ' , .t.LI.CtG 7:/ /J; :n=c,..,,., /7Jy4-.8e dreicL Q/•• ///r/p yr _' Tt- ' %3' '� l93Y•'j / -ri-ri'L% x'12? - I1�//i L. \ cq,, ,.�, �,- j,/ Y7 P�,o'..,J !�. 1�llz4'% 1.-,a,, A_1 7C. •/ ('Z4 /L/jtis ,.i;,et. • J Ji//.'-/r/ I , ..L..��„o� tAs�.�,i n.�l� i�� l� 1 1�,,,1�.t�t U )r it Pi.I:1 . J r /ii / 6�2�' '(/ � • k / ,i l I I •,•1,f', ''' '�'aZl .I-1-J (/'/ ;,. ''i, /,.1- /i../—';11', / /,21 I City Council City of Eden Prairie / 7600 Executive Drive t Eden Prairie, MN Name_� / Address Date 4 tat, 5 7. Jitt , u /�., p.G ✓ 7T93 I,u, ceri0, i/..«-ri , , 4 , - 73 / P4. gm( j/-/,�rY 7 (-.7.-7 „„....„.., ,f,, R,I ff- , .fe( -„,,,, in, ( �J ii 7 3 •9 /=(n ri../i//led, /1-12-pf J / ,C ' ,�� ''Z 13I5Penn )ii SO'. g31-O 3 ,. - 0. /� --- .---' 72s-`i -(eii, hi,.!.(' k; .i-3ti-ei-i3 ► #5i t,c- . 049 ..-I.ly 7 7.4- 9. f IL:i/ : f/1:2-S ( 141 , , 71-6c, i-v....,, 'A1u.(� M. 937.. /17d ,;,/, V65 9:,--ell Pend NJ/ 12�. `�3'1-q`017,,1/aitj g ,2':;2 - - J. ii-/.P-ay I ck i I t/66, • City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, MN • Name ,Address Date 1/1-a-1-1?a cil� 10 i3 Seri cl &, it o I ,,^, , ,;emu- /y0 5" / �� /9. ii/ialgT -4,4(7 „Yfye<4...._ /z/07 f5ed,i' iei_a,, -: _o_p_r_z : ',1q1 riC 1`JIS`/R=- ,;jn The. a4ca.(,iivw ,,r d,(14.x 730/ Ag.t eA Ca vuu IV 7 TaL 1;ccstAkd__ ?307 414)4^ L¢r1-t II- r?-b' 'KWWW,T Cl�c-(k-1elcC1 mli nvo.- .. Lel +r (i2/s5 -) .,-. 1vV� '�I S ,,‘‘7( 1.,. /1_ I Ss4 ` ` , (.ivy T J>k a-D 13 0 (111,,L-e l )„c\) i` y,/ j het .e'A_1--- .73v. ,9.'s,/,s�.. �,. i i//s/si5 c- 00 n.e /,z,,. 'ri a/d'/%mot-,, • n ✓ 12' ��cti. c /v/9 7 !l'c-�./*"��t // ' ..-t. =-1d.cli.)1(it "73c: ic,,ii-f ( ppc /2/3A-7 . 467 City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, MN Name Address Date IS U �29s 1n1 Q B oa laas.t‘ vAAke e 70i' 11UPh CaLnk -Izl?, fa,cicTh Cc-jtrt— 1<1L4JSq 1114/V, hz CO—ir (If24 `[a tq Atl Ccn,`—' tI-& ?alti 11e, Cowii 5 74_5.6 C C%r,h. ff ///E,/r'r` 7`cc A L Ct , D I • City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, MN Name Address Date +AL 72fJ? 46{2it of H/c) `:0 ) City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, MN Name Address Date f" c 72-�f 46--a-f:,*� ����� _ r 7yy 7 e (pu-ut (216e4-67— yw APPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION -5- Staff recommends Option 3 which is to provide outdoor ice time at Round Lake Park. Belling noted that the promotional material for Eden Prairie Loves its Kids has already gone out. Baker said' he feels that Option 2 should be considered using the time that would inconvenience the least amount of people. Cook commented that some of the people that would be participating in open skating would also be part of this program Richard asked about the time slots before and after this time on Friday evenings. Baker commented that the time would most likely be used for hockey. MOTION: Baker moved to recommend supporting the Eden Prairie Loves its Kids Program and identifying the. ice time at the Community Center that will inconvenience the least amount of people. Richard seconded the motion. On call for discussion, Richard asked if several times could be used instead of just one time slot. Karpinko asked if this event should be planned one year in advance. Frey commented that open skating times on Friday night are late for small children and that Saturday or Sunday afternoon might be a better choice. The motion passed 6-0. C. Village Greens Petition to Cancel Requirement for Sidewalk Refer to memo dated January 30, 1990 from Barb Cross, Landscape Architect. Cross said that 95 homeowners at Village Greens signed the petition. In review of this issue, the following events have taken place: April 3, 1984 - The resolution was approved by the City Council to install sidewalks to be installed along with road construction. Yr' APPROVED MINUTES EDEN PRAIRIE PARKS, REC. 8 NATURAL RESOURCES COMMISSION -6- • September 12, 1986 - Sidewalks were not installed and the Council reminded the developer that sidewalks were to be constructed with road improvements along Valley View Road. August 20, 1987 - Road improvements on Valley View Road were completed. The developer never contacted the engineer to coordinate sidewalk installation. May 24, 1988 - The sidewalks were still not installed. The City sent a letter to the developer asking for a written request to the Council to waive the sidewalk requirement or to install the sidewalks. Escrow funds would be used if the developer failed to do this. Of the 122 homeowners in Village Greens, 95 signed the petition. 15 could not be contacted. At the time of development, it was expected that there would be small children in the neighborhood, but at this time there are only six small children. Staff feels that the sidewalk along Golf View Drive should still be constructed since it is a public street and that the requirement for the internal sidewalk be waived. Richard asked what the cost will be for the sidewalk along Golf View Drive. Cross said it would be approximately $8000. Mikkelson asked why the totlot at Village Greens was never developed. Cross said that the totlot was not really a definite plan, but a gazebo was constructed instead. Baker asked what the City's position will be in the future if there are more small children in the area. Lambert said there are private roads involved. Baker asked what the citizens option will be at that time. Lambert said it would be the responsibility of the homeowner's association. MOTION: Baker moved to recommend approval of the Village Greens petition as per the staff report that will require a sidewalk along public streets, but not along private streets_ Cook seconded the motion and it passed 6-0. u�a MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager J►�J FROM: Sandra F. Werts, Recreation Supervi lVUNN DATE: March 7, 1990 SUBJECT: Use of Eden Prairie: The First 100 ears Earning The Historical and Cultural Commission has been discussing micro- ' filming the documents in the Historical Society's files. They would like to do this for two reasons: one, to make the documents more accessible to the public because of the limited hours of the history room, and two, to have a copy of the documents in case the originals are destroyed. This became apparent in January when the pipe broke in the Family Center. If it hadn't been for the quick action of Wes Dunsmore, who removed ceiling tiles in the hallway outside the History Room, the History Room and the files may have sustained water damage. The Historical and Cultural Commission did not budget for micro- filming in 1990, and would like to use funds from the sale of Eden Prairie: The First 100 Years. Income from the sale of the book has been set up in a fund account. This income is now approximately $650 more than the original cost of the books. The Commission, at the time the book was published, wanted excess funds to be used for special Commission Projects. The Commission is requesting approval from the City Council to use approximately $600 in book funds for microfilming the documents in the Historical Society's files. The Historical Society has approved this project also. Three microfilming companies have prepared quotes. These quotes range from about $600 to have the work done in-house to $1,400 to have a company come in and do it. Concept Microfilm, Inc., who is providing services to our Planning and Engineering Departments, is willing to rent us a camera and train staff or volunteers to do the microfilming. The Commissions has requested the Restoration Committee to setup a committee to review the materials to be microfilmed and to work with the Historical Society in finding volunteers to do the work if funds are approved for this project. They wish to proceed as soon as possible with this project. SFW:mdd first/9 103 MEMORANDUM TO: Mayor and City Council FROM: Sandra F. Werts, Recreation Supervis DATE: March 7, 1990 SUBJECT: Memorandum of Understanding Regarding Acquisition of Historical Artifacts As the Restoration Committee has become more active in restoring the Cummins-Grill Homestead, the question came up as to who should be the party responsible for collecting and maintaining historical artifacts for use in the building. Both the Restoration Committee and the Historical Society had been approached by prospective donors. After discussion between the two bodies, a "Memorandum of Understanding Regarding Acquisition of Historical Artifacts Between the Eden Prairie Historical Society" the Eden Prairie Historical and Cultural Commission and the Eden Prairie Heritage Preserva- tion Committee was drafted. The Memorandum has been reviewed and approved by all three groups. It designated the Historical Society as the official body to collect the artifacts. In the Memorandum, the City is agreeing to store the artifacts in available spaces, with the Restoration Committee and Historical and Cultural Commission responsible for managing the space - i.e. designating what spaces can and cannot be used. The Historical Society is still in the process of studying its bylaws in relationship to including a statement "granting the right of first refusal to the City of Eden Prairie of all artifacts and documents held by the Historical Society should it disband or dissolve for any reason". The Historical and Cultural Commission has accepted the Memorandum of Understanding and is sending it to the City Council for your information and acceptance. SFW:mdd , January 1990 MEMORANDUM OF UNDERSTANDING REGARDING ACQUISITION OF HISTORIC ARTIFACTS BETWEEN THE EDEN PRAIRIE HISTORICAL SOCIETY AND THE EDEN PRAIRIE HISTORICAL AND CULTURAL COMMISSION AND THE EDEN PRAIRIE HERITAGE PRESERVATION COMMITTEE It is agreed by all parties concerned that: 1. The Eden Prairie Historical Society is the designated collec- tion agency of historical artifacts and materials for the City of Eden Prairie's history. 2. The Eden Prairie Historical Society will maintain an accurate record of donations of historical artifacts and materials using accepted museum recording practices. 3. The City of Eden Prairie and its committees and staff will refer all donation and collection requests and issues to the President, Vice President or Collections Officer of the Eden Prairie Historical Society. 4. To assure the retention of Eden Prairie artifacts for the citizens of Eden Prairie, the Eden Prairie Historical Society will place in its bylaws and other appropriate documents a statement granting the right of first refusal to the City of Eden Prairie of all the artifacts and documents owned by the Historical Society should it disband or dissolve for any reason. 5. The Eden Prairie Historical Society will expeditiously respond to all donations and requests for collection with courtesy and will judiciously handle the placement and storage of the his- torical material. 6. The City of Eden Prairie will, to the best of its ability, provide storage for the collected historical artifacts and material and will, in cooperation with the Eden Prairie Historical Society, provide the safest available conditions for the stored material. This includes space currently available, such as the History Room in the Old City Hall and upstairs spaces in the Cummins-Grill House. The Heritage Preservation Committee and the Historical and Cultural Commis- sion will be responsible for the management of available space and will give the Historical Society a minimum of three months notice for the required removal of stored material. The City will cooperate in finding possible new space for storage when possible. `C1J { 7. The Eden Prairie Historical Society will assist the City and its committees in providing appropriate historical artifacts and materials for City owned historical structures that are open to the public to enhance the interpretation of Eden Prairie's history. This will include the sharing of histor- ical materials that are not fragile, sensitive, or irreplace- able. I . it `1 1 4' MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources-At,. DATE: January 29, 1990 SUBJECT: Proposed Sidewalk and Trail Snow Removal Policy Two recent decisions from the Minnesota Court of Appeal provide. cities with the opportunity to limit liability arising from side- walk and trail accidents by establishing a predetermined policy and priorities that address economic, safety, personnel and environmental factors. The attached snow removal policy removes the supervisor's decision as the determining factor in establishing when to remove snow and what walkways to maintain. This policy should help to protect the City from liabilities arising from sidewalk and trail accidents, ( but will only be helpful if the City follows the established policy. The parks, recreation and natural resources staff recommend the City adopt the proposed policy for removal of snow and ice from sidewalks and trails. BL:mmd snowre/9 l y'l? POLICY ON REMOVAL OF SNOW AND ICE FROM SIDEWALKS AND TRAILS January 31, 1990 The City annually budgets a sum of money for winter maintenance of certain public trails and sidewalks. Taking into consideration the financial and personal resources available to the City, it is the policy of the City to remove snow and ice from the most frequently used trails and sidewalks in accordance with the standards set forth in this policy. The designated trails and sidewalks to receive winter maintenance are depicted on the map that is attached to this policy. The following standards are adopted for providing winter ' maintenance to designated trails and sidewalks: 1. The designated trails and sidewalks are normally plowed when the measured snowfall depth exceeds one inch. 2. Snow removal should commence approximately 12 hours from the end of any snowfall with an accumulated depth exceeding one inch. The designated trails and sidewalks should be cleared as follows: . Mode I trails within 24 hours If . Mode II trails within 48 hours . Mode III trails as time permits 3. The designated trails and sidewalks should be cleared as thoroughly as possible but need not be cleared of all ice and snow nor need they be maintained to bare pavement. 4. Chemical agents and sand should not be used in the snow removal process. 5. Snow removal should normally be done by park maintenance employees. 6. Snow removal may be conducted on a 24-hour basis, which may result in snow removal equipment being operated in residential areas during the evening and early morning hours. 7. In the event of equipment failure, extreme snowfall, or other unanticipated events, such as park maintenance employees assisting street employees in snow removal from streets, deviation from these standards may be appropriate. snow/ice UNAPPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. March 5, 1990 -3- VI. DEVELOPMENT PROPOSALS None VII. OLD BUSINESS None VIII. NEW BUSINESS A. Policy on Removal of Snow and Ice from Sidewalks and Trails Lambert said that this type of policy will help with the City's liability. No sand or salt will be used, but snow of 1 inch or more will be removed. There is a designated schedule which will be followed by City staff. MOTION: Baker moved to recommend approval of the policy on removal of snow and ice from sidewalks and trails. Kuechenmeister seconded the motion and it passed 5- 0. y')9 MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig W. 0awson(�AI SUBJECT: January 1990 Financial Report VV!! DATE: March 9, 1990 Attached is a copy of the January 1990 report on the status of the General Fund budget. It is presented to show the City's financial obligations as fully as possible. Actual and encumbered expenses are as shown on the expenditure page. Income actually received is reflected on the revenue page. Expenditures Few surprises appear in the expenditure summary. Billings from the City Attorney for prosecution and counselor services in January were not received, and staff has not made an estimate for these costs. The capital outlay in engineering shows an expense in excess of budget; however, this is misleading. This expense is for a computer which, among other things, will allow access to the MnDOT data base. Because MnDOT will reimburse the City for 60 percent of the cost of this unit, the City's net expense will be $3300. The 1990 budget allocated a net cost of $3500 for this computer. When the City receives payment from MnDOT, this line in the financial report will be revised. Revenues One item of concern is shown on the revenue page. Out of the confusion of restructuring state aids to local governments, Eden Prairie does receive some Homestead and Agricultural Credit Aid (HACA). This ass1 stance, which appears under "Revenue from Govt Agency" as "State Aids", amounts to $354,700. If the Legislature decides to curtail state aids to cities in order to reduce its impending budget deficit, the City could face a shortfall of up to $354,700. Should that occur, the Council will need to determine to what extent the City's General Fund Surplus should be used, what services should be reduced, or what combintation of these two would be appropriate. SUMMARY: The status of the General Fund budget is as expected through January 1990. CWD:CJJ:jdp Attachments JAN90EXP CITY OF EDEN PRAIRIE • 1990 GENERAL FUND BUDGET ADOPTED EXPENDITURES YEAR X= 91.7% BUDGET THIS MO. Y.T.D. BALANCE X BAC , LEGISLATIVE 75,100 9,883 9,883 65,217 86.8% ELECTIONS 45,800 P 0 45,800 100.0X CITY MANAGER 153,800 12,734 12,734 141,066 91,7% ASSESSING DEPT 319,400 32,322 32,322 287,078 89.9% INSPECTIONS/SAFETY/ FACILITIES BLDG INSPECTION 574,900 47,125 47,125 527,775 91.8% SAFETY 9,700 1,059 1,059 8,641 89.1% FACILITIES 625,600 50,756 50,756 574,844 91.9% PARKS/RECREATION ADMIN&PARK PLAN 163,700 13,534 13,534 150,166 91.7X PARK MAINTENANCE 598,050 44,275 44,275 553,775 92.6% ENVIRONMENTAL SERV 136,800 5,735 5,735 131,065 95.8% REC ADMIN&SP EV 110,000 10,141 10,141 99,859 90.8% COMMUNITY CENTER 558,400 30,820 30,820 527,580 94,5% BEACH 89,000 0 0 89,000 100.0% ORGANIZED ATHLETIC 160,300 6,624 6,624 153,676 95.9% RECREATION-YOUTH 195,200 16,759 16,759 178,441 91.4% RECREATION-ADULT 66,250 3,123 3,123 63,127 95.3% RECREATION-ADAPTIV 37,300 0 0 37,300 100.0% HIST 8 CUL ARTS 41,600 812 812 40,788 98.0X FINANCE 186,300 16,618 16,618 169,682 91.1% , HUMAN RESOURCES 113,700 6,360 6,360 107,340 94.4% HUMAN SERVICES 99,300 2,917 2,917 96,383 97,1% PLANNING DEPT 347,700 32,810 32,810 314,890 90.6% POLICE DEPT POLICE 2,558,100 203,882 203,882 2,354,218 92.00 , CIVIL DEFENSE 16,300 1,333 1,333 14,967 91.8% ANIMAL CONTROL 61,100 3,565 3,565 57,535 94.2% FIRE 372,600 25,621 25,621 346,979 93.1% PUBLIC WORKS DEPT ENGINEERING 579,700 42,284 42,284 537,416 92.7% 1 STREETS&CRAINAGE 959,700 35,766 35,766 923,934 96.3% EQUIPMENT MNTC 491,600 44,088 44,088 447,512 91.0% SNOW 4 ICE CONTROL 102,500 2,742 2,742 99,758 97,3% STREET LIGHTING 300,000 25,000 25,000 275,000 91.7% SHARED SERVICES GENERAL 199,700 13,393 13,393 186,307 93.3% DATA PROCESSING 85,000 7,083 7,083 77,917 91JX PUBLIC INFORMATION 63,000 0 0 63,000 100.0% EMPLOYEE BENEFITS 919,500 59,389 59,389 860,111 93,5% & TRAINING SOLID WASTE MANAGEME 42,200 1,923 1,923 40,277 95.4% SUBTOTAL 11,458,900 810,4/6 810,476 10,648,424 13T47 CAPITAL OUTLAY ASSESSING 12,100 0 0 12,100 100.0% BUILDING 8,200 0 0 8,200 100.0% PARKS 232,900 13,479 13,479 219,421 94.2% FINANCE 6,000 384 384 5,616 93.6% HUMAN SVC 6,500 0 0 6,500 100.0% PLANNING 4,200 0 0 4,200 100.0% CIVIL DEFENSE 16,000 0 0 16,000 100.0% ENGINEERING 7,900 8,228 8,228 -328 -4.2X STREETS 60,600 0 0 60,600 100.0% EQUIP PNTC 37,100 0 0 37,100 100.0% INFO SYSTEMS 17,000 10,978 10,978 6,022 35.4% OTHER AUDIT 30,000 3,500 3,500 26,500 88.30 • PROSECUTION 104,000 0 0 104,000 100,0% IN5000NCE 811,900 106,066 106,066 785,834 88.1% LEOUL-CIVIL 175,000 0 0 175,000 100.0% LEGAL-LANDFILL 525,C00 0 0 525,000 100.0% ' RESERVE 191,200 0 0 191,200 100.0X TOTAL GENERAL FUND 1S,,d4,500 757,111 753,111 12,8331,359 4 ill 3AN90REV CITY OF EDEN PRAIRIE 1990 • GENERAL FUND BUDGET ADOPTED REVENUE 1990 THIS MD. Y.T.D. BALANCE 1 BAL GENERAL PROPERTY TAKES NET CURRENT 9,786,700 0 9,206,700 100.0% DELINQUENT COLLECTIONS 20,000 0 20,000 100.01 PENALTY& INTEREST 120,000 0 120,000 100.0% - REVENUE FROM GOVT AGENCY POLICE PENSION 140,000 0 140,000 100.0% RECYCLING GRANTS 20,000 0 20,000 100.0% STATE AIDS 354,700 0 354,700 100.0% CIVIL DEFENSE 12,000 0 12,000 100.01 LICENSES LIQUOR 4 BEER 91.000 140 140 90,860 99.8% BUILDING CONTRACTORS 8,000 1,425 1,425 6,575 82.21 OTHER-CIGARETTE&FOOD 18,000 6,331 6,331 11,669 64.B% PERMITS AND FEES DOG REGISTRATION 9,000 2,648 2,648 6,352 70.6% BUILDING 1,000,000 88,161 88,161 911,839 91.2% PLANNING& ZONING 60,000 3,706 3,706 56,294 93.8% ENGINEERING &ADMIN 300,000 3,704 3,704 296,296 98.81 IMPOUND FEES 5,000 0 5,000 100.0% CABLE TV 101,000 0 101,000 100.0% { DTHER-IDR CHARGES 55,000 6,340 6,340 48,660 88.5% RECREATION FEES YOUIH PROGRAMS 85,600 9,322 9,322 76,27E 89.1% ORGANIZED ATHLETICS 147,800 12,177 12,177 135,623 91.81 COMMUNITY CENTER 474,000 49,625 49,625 424,375 B9.5% • HISTORICAL 6,100 325 325 5,775 94.71 PARK USE FEES 6,500 B0 B0 6,420 98.81 CONCESSIONS 12,000 0 12,000 100.01 SPECIAL EVENTS 10,000 0 10,000 100.01 ADULT PROGRAMS 13,100 1,733 1,733 11,367 86.81 OTHER COURT FINES 215,000 0 215,000 100.01 INVESTMENT EARNINGS 105,000 0 105,000 100.01 OTHER FUND TRANSFERS UTILITY OPERATING 20,000 0 20,000 100.0% T.I.F. ADMINISTRATION 200,000 0 200,000 100.01 LIQUOR OPERATIONS 125,000 0 125,000 100.0% FUND BALANCE 625,000 0 625,000 100.0% OTHER REVENUE SCHOOL LIAISON 39,000 0 39,000 100.0% MISCELLANEOUS 100,000 999 999 99,001 99.0% TOTAL GENERAL FUND 13,784,500 186,716 186,716 13,597,784 98.6% ESTIMATED GENERAL FUND BALANCE AT 12/31/90 IS 1,500,000 - -(2 ) 1 MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig W. Dawson.rl ) SUBJECT: Yard Waste Composting/Transfer Station Site VJ/ DATE: March 7, 1990 The Hennepin County Board of Commissioners has decided that each city must be responsible for identifying a site for yard waste composting or for a transfer operation to other yard waste processing facilities. An individual city may have its own site or several cities may jointly sponsor a site. Failure to proceed with a good-faith effort by March 15, 1990 may result in the County denying its funding assistance to a city for recycling and waste abatement program expenses. Minnetonka City staff asked Eden Prairie staff if we would be interested in a joint site at the County Home School. Given the dismal experience last year with the Hennepin County "temporary" transfer site at Flying Cloud Airport, we believed this idea was a good one to pursue. The cities of Golden Valley, Hopkins, and Plymouth are also included with this joint proposal. Hennepin County Corrections staff very recently determined that the Home School site would not be appropriate. It suggested, however, that land at the County workhouse in Plymouth might be suitable. Plymouth and Minnetonka staffs are working with County staff to evaluate this opportunity. As we now understand things, Hennepin County would operate the yard waste composting and transfer facilities. Yard waste must be unbagged when delivered to these sites. Cities may be responsible for relatively small site preparation costs. RECOMMENDATION: It is recommended that Council direct that a letter be sent to Hennepin County to inform the County of the City's decision to work jointly with the cities of Minnetonka, Plymouth, Golden Valley, and Hopkins to locate a site for yard waste composting transfer operations. CWD:CJJ:jdp { CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-54 I.C. 52-135 COST PARTICIPATION WITH MN/DOT FOR-IMPROVEMENTS TO TRUNK HIGHWAY NO. 5 (From 800 feet west of CSAH No. 4 to West Corporate Limits) • WHEREAS, the Minnesota Department of Transportation will be making improvements to Trunk Highway No. 5 from 800 feet west of County State Aid Highway No. 4 to the west corporate limits of Eden Prairie; WHEREAS, the Minnesota Department of Transportation and the City of Eden Prairie will be entering into future agreements for construction and traffic signal costs; NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the City of Eden Prairie hereby agrees to participate in the cost of this project by paying its appropriate share (to be determined at a later date). ADOPTED by the Eden Prairie City Council on March 13, 1990. Gary 0. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk l 4t5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-55 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF 1990 SPECIAL ASSESSMENT ROLLS AND SETTING HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project cost, including expenses incurred, or to:be incurred and the City's share, exclusive of that assignable to City Property, are established as shown on the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL DF THE CITY OF EOEN PRAIRIE: 1. The cost of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in the office of the Deputy Clerk for public inspection. 3. A hearing shall be held on the 3rd day of April, 1990, in the Eden Prairie City Hail, 7600 Executive Drive, at 7:30 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hearing. He shall also cause mailed notice to be given to the owner of record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on March 13, 1990. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk u�tP � EXHIBIT A 1990 SPECIAL ASSESSMENTS AMOUNT TO PROJECT TOTAL COST CITY FUNDS BE ASSESSEO 1. I.C. 52-181 Fire Protection System $40,868.00 $ -0- $40,868.00 at 9051 Flying Cloud Orive 1 SETTLEMENT AND RELEASE Thie Settlement Agreement and Release is entered into the day of , 1990, between Patricia J. Nelsen and the City of Eden Prairie and City Council of Eden Prairie for the purpose of settling the various claims, controversies and disputes arising out of the facts and circumstances at issue in the case entitled "Patricia J. Nelsen, Plaintiff-Appellant, vs. City of Eden Prairie and City Council of Eden Prairie, Defendants-Respondents", case no. AP 88-18221, District Court, Fourth Judicial District, County of Hennepin, State of Minnesota. NOW, THEREFORE, in consideration of the mutual covenants con- tained herein, the parties agree as follows: 1. Plaintiff-Appellant agrees to the dismissal of her Complaint in the lawsuit described above, with prejudice, and will enter into a Stipulation to that effect. Plaintiff-Appellant further agrees that this dismissal will preclude her from ever seeking costs and attorneys' fees incurred in the lawsuit described herein above. Defendants-Respondents agree that this dismissal will preclude them from ever seeking costs and attorneys' fees incurred in the lawsuit described herein above. 2. Plaintiff-Appellant does hereby, for herself, her heirs, personal representatives and assigns, release and forever discharge the City of Eden Prairie and the City Council of Eden Prairie, from any and all claims, demands, rights, actions and • -1- 0? causes of action of any kind or nature, whether in law or in equity, which she claims to have, that arise out of any of the facts or circumstances surrounding the lawsuit described above, or which could have been asserted therein, including any demands, claims, rights, actions and causes of action arising out of or in connection with the assessments adopted against Plaintiff-Appellant's property at 12205 Sunnybrook Road, Eden Prairie, Minnesota (the "Property"), by the City Council of the City of Eden Prairie on September 8, 1988. 3. Plaintiff-Appellant will pay a total amount of $7,000.00 for the special assessments which are the subject of the present lawsuit, minus a principal installment payment already made in the amount of $360.15, for a total amount of $6,639.85, said amount to be paid in equal annual principal payments of $349.47 over a period of nineteen (19) years commencing with Plaintiff-Appellant's 1990 tax payment. In addition, Plaintiff-Appellant will pay simple interest each year beginning in 1990 in the amount of 88 of the unpaid balance of said $6,639.85 special assessment amount. 4. Upon execution of this Settlement and Release by both parties, the City of Eden Prairie's special assessment records will be changed forthwith to reflect the above-mentioned amounts. 5. Defendants-Respondents will make no additional special assessments, for street improvements, sanitary sewer and water and/or trunk assessments against the Property, over the $7,000.00 l -2- i amount mentioned above, as part of Improvement Project No. Z.C. 52-109. 6. Defendants-Respondents will charge no additional trunk, sewer and water assessments and/or connection fees as part of the in-place sanitary sewer and water system of the Property, except in the event of subdivision or redevelopment of the Property. 7. Nothing herein precludes Defendants-Respondents from charging appropriate trunk, sewer and water assessments and/or connection fees, in accordance with the Eden Prairie City Code, in the event of subdivision or redevelopment of the Property. IN WITNESS WHEREOF, the undersigned have duly executed this Settlement Agreement and Release. ___ Patricia J. Nelsen Subscribed and sworn to before me this day of , 1990. Notary Public ( -3- Lqu Gary D. Peterson Mayor City of Eden Prairie, Minnesota Subscribed and sworn to before me this day of _ , 1990. Notary Public Carl Jullie City Manager • City of Eden Prairie, Minnesota Subscribed and sworn to before me this day of 1990. Notary Public 1613.043B1 -4- qg CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-59 A RESOLUTION APPROVING FINAL PLAT OF FAIRFIELD 2ND ADDITION WHEREAS, the plat of FAIRFIELD 2ND ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for FAIRFIELD 2ND ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 8, 1990. 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 City Council on March 13, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk a 4�j CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician , .C/ :P DATE: March 8, 1990 SUBJECT: FAIRFIELD 2ND ADDITION (Resolution No. 90-59) PROPOSAL: Centex Real Estate Corporation, the developer, has requested City Council approval of the final plat of Fairfield 2nd Addition. This proposal is Phase 2 of the Fairfield planned unit development. Located west of CSAH 4 and southeast of the Minneapolis and St. Louis Railroad in the North half of Section 20, the plat contains 118.2 acres to be divided into 55 single family lots, 8 outlots, and right-of-way dedication for street purposes. Outlots A through I contain 5.28, 17.77, 44.08, 6.87, 0.22, 1.93, 1.82, 3.38, and 0.86 acres respectively. This plat also contains Outlot C of Cedar Ridge Estates. Outlot C was included in this proposal for purposes of efficiency and is to be divided into four single family lots. Outlots E and F are a future right- of-way corridor for the extension of Scenic Heights Road. The remaining outlots are to be retained by the developer for furture development. HISTORY: The preliminary plat was approved by the City Council July 19, 1988 per Resolution No. 88-137. Second Reading of Ordinance No. 59-88-PUD-15-88, changing zoning from Rural to R1-13.5, was finally read and approved by the City Council February 20, 1990. The Developer's Agreement referred to within this report was executed February 20, 1990. VARIANCES: All variance requests not granted through the PUD waiver process must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities, streets and walkways will be installed throughout this site in conformance with City Standards and the Developer's Agreement. "f�LI PAGE 2 OF 2 FAIRFIELD 2ND ADDITION MARCH 8, 1990 PARK DEDICATION: As required in Item 5 of the Developer's Agreement for Fairfield Addition Phase I, the developers were to provide the City with scenic easements over a portion of Blocks 7 and B, this has not yet been provided and should be provided to the City prior to release of the final plat for Fairfield 2nd Addition. All other requirements for park dedication are covered in the Developer's Agreement. BONDING: All bonding requirements shall conform to City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Fairfield 2nd Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $1,084.00 2. Receipt of street lighting fee in the amount of $6,858.00 3. Receipt of engineering fee in the amount of $2,2D0.00 4. Receipt of conservation easement within the Fairfield Phase I portion JJ:ssa cc: Centex Real Estate Corporation Sathre Bergquist, Inc. John Bruntjen, Weststar Properties 119q MEMO TO: Mayor and City Council FROM: Michael D. Franzen, Senior Planner DATE: March 9, 1990 RE: Fairfield 2nd Addition Centex Homes would like to proceed with a 2nd Phase which includes 51 lots. When the City Council approved Phase One of Fairfield, it was limited to 68 units. No additional units were possible until the County Road #4/Highway #5 intersection was completed and the construction of Scenic Heights Road west of County Road #4. The County Road #4/Highway #5 intersection should be completed by September of 1990. Centex Homes' schedule for completion of the first home in Phase Two would be September 15, 1990. Starting home construction prior to the upgrading of the intersection could occur provided no occupancy permits are issued until after the intersection is completed. It is not known at this time when the upgrading of County Road #4 as well as the construction of Highway #212 will start. Proceeding with the construction of Scenic Heights Road west of County Road #4, though desireable, could be postponed until the County and the State are in a position to indicate the road construction starting dates. The final location of Scenic Heights Road west of County Road #4 will be determined by a feasibility study. The preliminary plat for Fairfield indicated right-of-way along the north boundary line for future Scenic Heights Road's extension. The developer has indicated to City Staff they will agree to dedicate the necessary right-of-way and would construct their portion of the roadway if required by the City Council. The City Council in consideration of the final plat approval for Fairfield may wish to consider postponing the extension of Scenic Heights Road west of county Road #4 until a feasibility study has been completed and more definitive starting dates for the upgrading of County Road #4 and Highway #212 are known. FAIRFILD.MDF:bs C¢ntex Homes Corporation Baker%Ome,Plan 5929 esker Road Suite 419 • Minnetonka.Minnesota 55345 • February 13, 1990 Mr. Mike Franzen City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Fairfield 2nd Addition Dear Mr. Franzen, Centex Homes is proposing the following schedule for Fairfield 2nd Addition which includes 51 lots. Final Plat Approval 2/15/90 Open for Sale 3/15/90 Begin Development 4/01/90 Begin Home Construction 5/15/90 Complete Streets 8/15/90 Complete 1st Home 9/15/90 It is my understanding that the intersection improvements at Highway 5 and County Road 4 will be completed prior to September 1, 1990. We have also not included the right of way for future Scenic Heights Road but will dedicate it as soon as the City determines the exact location. This second phase is only 51 lots as compared to the original Phase II approval of 94 lots. It is my understanding that the city is currently conducting a feasibility study for Scenic Heights Road. Please call me with any questions and/or comments. Sincerely, . y c� tik Thomas M. Boyce President cc: E 2-4.1 Baker Technology Plaza,5929 Baker Road,Suite 470, Minnetonka,Minnesota/(612)936-7833 (40 _ I • /J RESOLUTION NO. 90-(, RESOLUTION AUTHORIZING CONSENT TO TRANSER OF PROJECT FINANCED BY HOUSING DEVELOPMENT REVENUE NOTE (PARKWAY APARTMENTS LIMITED PARTNERSHIP PROJECT), SERIES 1985 BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota as follows: 1. The City issued its $17,000,000 Housing Development Revenue Note (Parkway Apartments Limited Partnership Project), Series 1985 (the "Note") on October 8, 1985 and lent the proceeds of the Note to Parkway Apartments Limited Partnership, a Minnesota limited partnership (the "Developer") pursuant to a Loan Agreement dated as of October 8, 1985 between the Developer and the City. 2. First Bank National Association, formerly known as First National Bank of Minneapolis (the "Bank"), purchased and is the present holder of the Note. 3. In connection with the issuance of the Note the City, the Bank and the Developer entered into a Regulatory Agreement dated as of October 8, 1985 (the "Regulatory Agreement") and the Developer executed a Declaration of Restrictive Covenants dated as of October 8, 1985, which Declaration of Restrictive Covenants was recorded in the office of the Hennepin County Recorder on October 9, 1985 as Document No. 5040447 (the "Declaration"). 4. The Developer has agreed to transfer the project financed from the proceeds of the Note (the "Project") to Parkway Properties of Eden Prairie, Inc., a Minnesota corporation ("Parkway"). 5. Section 8 of the Declaration and Section 11 of the Regulatory Agreement provide that the Developer may not sell, transfer or otherwise dispose of the Project without the prior written consent of the City, which consent shall be conditioned solely upon receipt of evidence satisfactory to the City that the purchaser of the Project has assumed in writing and in full the Developer's duties and obligations under the Regulatory Agreement, the Declaration and the Developer Loan Documents (as defined in the Regulatory Agreement) and upon receipt of an opinion of Bond Counsel to the effect that such sale, transfer or disposition will not adversely affect the exclusion from federal income taxation of the interest on the Note. 6. The City has been provided with forms of an Assumption Agreement attached hereto as Exhibit A and an opinion of Bond Counsel attached hereto as Exhibit B. The City hereby finds that when the Assumption Agreement has been executed and delivered to the City by a transferee of the Project and when the opinion of bond counsel has been executed and delivered by Briggs and Morgan, P.A. or another nationally recognized Bond Counsel, such documents will constitute evidence satisfactory to the City of the assumption of obligations and continued tax exempt status of the Note for purposes of Section 8 of the Declaration and Section 11 of the Regulatory Agreement. 7. The City also finds that requirements of Section 8 of the Declaration and Section 11 of the Regulatory Agreement will be met by any future transfer of the Project to an entity affiliated with or managed by Equity Financial or the Equity Group, North Riverside Plaza, Chicago, Illinois so long as the transferee shall execute and deliver an Assumption Agreement and an opinion of Bond Counsel in form substantially similar to those attached hereto and no further action of the City shall be necessary to authorize the appropriate officials to execute a consent to sale. 8. The Mayor, City Manager and any other necessary City official are authorized to execute the Consent of II Sale attached hereto as Exhibit C and any further consent submitted to the City in accordance with the terms of this Resolution. 9. The execution of any instrument herein authorized by the appropriate officer or officers of the City shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or City Manager, any of the documents authorized by this Resolution to be executed may be executed by the Acting Mayor or City Manager respectively. Adopted March 13, 1990. Mayor ATTEST: Clerk 18:32 CITY OF EDEN PRAIRIE HOUSING DEVELOPMENT REVENUE NOTE (PARKWAY APARTMENTS LIMITED PARTNERSHIP PROJECT), SERIES 1985 CONSENT TO SALE This Consent to Sale is made and entered into as of the day of March, 1990 by the City of Eden Prairie (the "City"). RECITALS 1. The City issued its $17,000,000 Housing Development Revenue Note (Parkway Apartments Limited Partnership Project), Series 1985 (the "Note") on October 8, 1985 and lent the proceeds of the Note to Parkway Apartments Limited Partnership, a Minnesota limited partnership (the "Developer") pursuant to a Loan Agreement dated as of October 8, 1985 between the Developer and the City. 2. First Bank National Association, formerly known as First National Bank of Minneapolis (the "Bank"), purchased and is the present holder of the Note. 3. In connection with the issuance of the Note the City, the Bank and the Developer entered into a Regulatory Agreement dated as of October 8, 1985 (the "Regulatory Agreement") and the Developer executed a Declaration of Restrictive Covenants dated as of October 8, 1985, which Declaration of Restrictive Covenants was recorded in the office of the Hennepin County Recorder on October 9, 1985 as Document No. 5040447 (the "Declaration"). 4. The Developer has agreed to transfer the project financed from the proceeds of the Note (the "Project") to Parkway Properties of Eden Prairie, Inc., a Minnesota corporation ("Parkway"). 5. Section 8 of the Declaration and Section 11 of the Regulatory Agreement provide that the Developer may not sell, transfer or otherwise dispose of the Project without the prior written consent of the City, which consent shall be conditioned solely upon receipt of evidence satisfactory to the City that the purchaser of the Project has assumed in writing and in full the Developer's duties and obligations under the Regulatory Agreement, the Declaration and the Developer Loan Documents (as defined in the Regulatory Agreement) and upon receipt of an opinion of Bond Counsel to the effect that such sale, transfer or disposition will not adversely affect the exclusion from federal income taxation of the interest on the Note. 6. The City has received satisfactory evidence that Parkway has assumed in writing and in full Developer's duties and obligations under the Regulatory Agreement, the Declaration and the Developer Loan Documents and an opinion from Bond Counsel to the effect that such sale, transfer or disposition will not adversely affect the exclusion from federal income taxation of the interest on the Note. CONSENT NOW THEREFORE, in accordance with Section 11 of the Regulatory Agreement and Section 8 of the Declaration, the City hereby consents to the transfer of the property from the Developer to Parkway. IN WITNESS WHEREOF, the City has executed this Consent as of the date first above written. (SEAL) CITY OF EDEN PRAIRIE By Its Mayor By Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of March, 1990 by the Mayor and , the City Manager of the City of Eden Prairie, Minnesota on behalf of such City. Notary Public 18:30 .,iJ U ASSUMPTION AGREEMENT k This Assumption Agreement is made and entered into the day of March, 1990 by and among the City of Eden Prairie, Minnesota (the "City"), PARKWAY PROPERTIES OF EDEN PRAIRIE, INC., a Minnesota corporation ("Parkway") and FIRST BANK NATIONAL ASSOCIATION, a national banking association, formerly known as First National Bank of Minneapolis (the "Bank"). RECITALS 1. The Bank purchased and is the present holder of that certain $17,000,000 Housing Development Revenue Note (Parkway Apartments Limited Partnership Project), Series 1985 (the "Note") issued by the City. 2. PARKWAY APARTMENTS LIMITED PARTNERSHIP, a Minnesota limited partnership ("Developer") entered into a certain Loan Agreement with the City dated as of October 8, 1985 (the "Loan Agreement") pursuant to which, among other things, the City agreed to loan to the Developer the proceeds from the purchase of the Note by the Bank and the Developer agreed to repay the loan at times and in amounts sufficient to pay the sums owing on the Note in full when due. 3. In connection with issuance of the Note, the Developer, City and Bank entered into a Regulatory Agreement dated October 8, 1985 (the "Regulatory Agreement") and the Developer executed a Declaration of Restrictive Covenants dated October 8, 1985 and recorded in the office of the Hennepin County Recorder as Document No. 5040447 (the "Declaration"). 4. The Developer has agreed to transfer the property financed from the proceeds of the Note (the "Project") to Parkway. 5. The Declaration and the Regulatory Agreement provide that no transfer of the Project shall be permitted unless the consent of the City is first obtained. The City has given its consent to the transfer of the Project to Parkway on the condition that Parkway assume in writing and in full the Developer's duties and obligations under the Regulatory Agreement and the Developer Loan Documents (as defined in the Regulatory Agreement). AGREEMENT NOW THEREFORE, for valuable consideration the parties hereto hereby agree that Parkway shall hereby assume in full all of the Developer's duties and obligations under the Regulatory Agreement and Developer Loan Documents as of the date hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY: CITY OF EDEN PRAIRIE, MINNESOTA By (SEAL) Mayor By City Manager PARKWAY: PARKWAY PROPERTIES OF EDEN PRAIRIE, INC. By James W. Roberts, Vice President BANK: FIRST BANK NATIONAL ASSOCIATION By James W. Roberts, Vice President • 18:31 SO). 1 March 1, 1990 City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 First Bank National Association 200 South Sixth Street • Minneapolis, MN 55480 Re: City of Eden Prairie, Minnesota - $17,000,000 Housing Development Revenue Note, Series 1985 (Parkway Apartments Limited Partnership Project) (the "Note") We understand that Parkway Apartments Limited Partnership, a Minnesota limited partnership (the "Company") intends to convey the Project financed with the proceeds of the Note to Parkway Properties of Eden Prairie, Inc. ("Parkway") a wholly owned subsidiary of First Bank National Association (the "Bank") the present holder of the Note. By separate Assumption Agreement, Parkway has agreed to assume all of Company's obligations under the Regulatory Agreement dated October 8, 1985 among the Company, the City of Eden Prairie (the "City") and the Bank (the "Regulatory Agreement"), and the Developer Loan Documents as defined therein. It is our opinion that the conveyance of the Project to Parkway will not affect the tax exempt status of the Note so long as the underlying debt evidenced by the Note and Loan Agreement (as defined in the Regulatory Agreement) is not extinguished. In reaching such conclusion, we are assuming the accuracy of the opinion of Holmes & Graven Chartered as bond counsel dated October 8, 1985 and have done no independent investigation with respect to the tax exempt status of the Note, the use of the proceeds of the Note or the continuing compliance by the City and the Company with the provisions of the Regulatory Agreement and other documents relating to the Note. Very truly yours, Trudy J. Halla TJH/cas 16:13 • Shores of Mitchell Lake CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE #37-89 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 R1-13.5 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 R1-13.5 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 March 13, 1990, entered into between MR-USHOT, a Minnesota general partnership, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Peter H. and Lorene Loscheider, a husband and wife, and the City of Eden Prairie, dated as of March 13, 1990, which Agreement and Owner's Supplement are hereby made a part hereof. Ordinance #37-89 Page 2 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 3rd day of October, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 13th day of March, 1990. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of • • !!I • Exhibit A Legal Description f r _g= _ - lit. $o - 9c' c "�8a $ Fa= tia d�2rSX =c__� =_ear �`e -o.a,�:� iS$F33` E S eri` . N c.,o o ' =�. c '_�:s i z . - Lr 2 �� o " g 1' ^^ =oreE $ = g g=E _ ` aca�„ $o 9� =0 a`y 7 BEo_�ss-8: zi.3 dEc .qt ,: =asco c - s = ` aaig_80.. $9 Y_y 5-% ae ��9 sa a 'ay- ^p3 asP�r u as - go'g`o6g c1"- a s'sg 8c `=.3Cy. z°�.42"4g$'g 3 3rY 2 c ;c=E7 "�58 Y_S!'ea cam ;_ ='e -a `Y R�$ .2' ego$ $-�=g[ yc$g'c e'cti a 4..'. c v• E u,,2 cs 1.a�� ;o V•— a�=^ens= 7• 5 = as s � $z oao �x �- =:��a_ - - =tee S Qosda 5ti=a 'E $$,--:, . '«$.1 x »cs;_ -:ad air.. g �ac c:Wirer -92fd -�5c 5 'ra6u• Ysy^ auo c= _Ma 5a9 • 1 o'a u€tsar _ s E<< �S o _E EE"."=c cY i;7• 4 !:11 2 « o$:I 3 N$ .a.�5+ Ills -,IMa o^-o`er_- i g,gve3 -s5�ssu' ENyKe 3$Eif OggiiBE `J� " -..�.M.3� d $ 9.. ). c i E2 11 s g.c e. 5�$cz M--_ li _sag=s l zyx:.s`_- :g$Y `--�b'I y.�.'. c ..a-c o 8 $ 8i=o fi� c z- BYs= u- g`S,.'E__�.s c �`r 9'; r. 8= .i�.Ca•-'• o,e� Si c'c'"` d c- .i_ C a:n c f o y - o x c _ -a 3 r c.�e nc �cY�c �_.' - ri s$g`o5 cusc `.,.vYc c Y$E�grcS E Yau- rd e p a9a= $ ea"� 0 3y ^5 :_ E V 4.V.C_ a ?.o j-E. o 3. :. r'G▪e c o c X P= - I y .t$s a .. 03_..▪-e� e• 8 8 'S1` o; a 8` �a'?n c ' 0 8=0 `ao $y._ ccy� _ ao: _ - cc - co�23..T� ! tit u _cs c'.�,8 SeECtii u -EL▪G' .._ a.e u -_ta N �JU Shores of Mitchell Lake • DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1990, by MR- USHOT, a Minnesota general partnership, 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 and R1-22 to R1-13.5, Preliminary Plat into 174 single family lots, three outlots, and road right-of-way, Environmental Assessment Worksheet Review as part of a Phased Action Environmental Assessment Worksheet, variances from the Board of Appeals from Shoreland Ordinance requirements and from minimum street frontage requirements, and Flood Plain Review for construction of a single family residential development on 94.8 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 #37-89, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated , 1990, reviewed and approved by the City Council on October 3, 1989, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer acknowledges that the development of the property is subject to the findings, conclusions, and recommendations of the Southwestern Eden Prairie Development Phasing Study, Summary Report, dated December, 1988, hereinafter "the Study." Developer acknowledges that there are capital improvements, i.e. sanitary sewer, watermain, streets, etc., required prior to development of certain lands included in the Study. Developer, therefore, agrees and acknowledges that the City, in its sole discretion, shall determine the capital improvements necessary for development within the Study area, the timing of such f^v improvements, and the subsequent amount of land which shall be serviced by such improvements. The Developer will be allowed to submit and the City will consider comments regarding such determinations that affect the property. Developer shall abide by the City's determinations that are consistent with the Study. Specific phased capital improvements and utility extensions applicable to the property, excerpted from the Study, are attached hereto as Exhibit D, and made a part hereof. Developer acknowledges that, from time to time,city may determine that it is necessary to review and amend the contents and conclusions of the Study. The Developer may submit and the City will consider comments regarding such determinations that affect the property. Developer shall abide by the City's determination of Study revisions that are consistent with the Study. Developer further acknowledges that capital improvements described in the Study and depicted in Exhibit D, attached hereto, will benefit the property. Prior to release by the City of any final plat for the property, Developer shall submit to the City and obtain the City's approval of an executed special assessment agreement for Developer's fair share of costs for such capital improvements which shall include the following: A. Construction of Dell Road between Highway #5 and County Road #1. k B. Construction of Scenic Heights Road between Riley Lake Road and County Road #4. C. Construction of the detached frontage road for Highway #5 from Dell Road to Mitchell Lake with related drainage and utility improvements. 4. Developer acknowledges that the property is dependent upon street access and utilities which will be provided to the property by a public improvement for the detached frontage road for Highway #5. Developer further acknowledges that City cannot make any specific commitment as to scheduled completion of said improvement project. Therefore, Developer, and future owners to whom Developer may sell part, or all of the property agree and acknowledge the following: A. Developer and/or owners of the property shall not, on their own behalf, nor on the behalf of others: 1) Make a request for any building permit for new construction until such time as the contracts are awarded for upgrading of Highway #5 and for the detached frontage road to Highway #5, as depicted in Exhibit B, attached hereto. -U4 J G 2) Make a request for any more than ten (10) building permits, nor request for any occupancy permits on the property until such time as the intersection of Highway #5 Dell Road and the detached frontage road to Highway #5 are substantially completed and public streets and utilities are available to each lot for which a permit is requested. Substantially completed shall mean that the paved surface, with turn lanes for access to Highway #5 are constructed for Highway #5 and that concrete curb and gutter, along with the bituminous surface, have been constructed for the detached frontage read to Highway #5. 3) Make a request for any more than a total of fifty-five (55) building permits for new construction on the property until such time as a temporary loop road has been constructed connecting the first fifty-five (55) lots to West 82nd Street in the manner depicted in Exhibit B, attached hereto. B. With respect to said temporary loop road, Developer and owners acknowledge that: 1) Developer shall construct said temporary loop road with a 22 ft. wide surface of Class 5 materials. 2) Developer shall be responsible for repairs, dust control, snow plowing, etc., on a year-round basis. 3) Developer shall be responsible for routing all construction traffic via the permanent portion of Street B, as depicted in Exhibit B, attached hereto, for access to the property. 4) Developer shall mark the temporary terminus of the loop road with a street sign indicating that it is a "temporary dead-end" for purposes of notifying future residents of the intent to extend the northern loop road to the south and west to Dell Road. 5. Concurrent with, and as part of the first final plat for the property, Developer agrees to dedicate to the City Outlots A and B, as depicted in Exhibit B, attached hereto. Said Outlots shall be dedicated to the City for park purposes and shall be dedicated to the City free and clear of any liens, mortgages, or encumbrances. Concurrent with and as part of the final plat which includes Cul- de-sac #5, Developer agrees to dedicate to the City Outlot C, as depicted in Exhibit B, attached hereto. Said Outlot shall be dedicated to the City for park purposes and shall be dedicated to the City free and clear of any liens, mortgages, or encumbrances. Said dedications shall satisfy in full the requirements of City Code Chapter 12, section 12.40, with respect to the property. 't 6. 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. 7. Prior to release by the City of the final plat, Developer agrees to submit to the Building Department, and to obtain the Building Department's approval of detailed plans for the retaining walls indicated on the grading plan 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. 8. Prior to release of any final plat for the property, Developer agrees to submit to the Director of Parks, Recreation, and Natural Resources, and to obtain the Director's approval of plans for concrete sidewalks and bituminous trails in the following locations: A. A five-foot wide, five-inch thick concrete sidewalk along the south and west sides of Street A from the western boundary of the property, to the southern boundary of the property, as depicted in Exhibit B, attached hereto. B. A five-foot wide, five-inch thick concrete sidewalk along the south side of Street B, from the southern-most intersection of Street B with Street A, easterly to the intersection of Street B with Cul-de-sac #5, all as depicted in Exhibit B, attached hereto. C. An eight-foot wide bituminous trail along the north side of Street A from the western boundary of the property, easterly to the northern intersection of Street A with Street B, as depicted in Exhibit B, attached hereto. D. An eight-foot wide bituminous trail along the north and east sides of Street B from the northern most intersection of Street B with Street A to the intersection of Street B with Cul-de-sac #5, as depicted in Exhibit B, attached hereto. E. An eight-foot wide bituminous trail along the north side of Cul-de-sac #4 from the intersection of Cul-de-sac #4 with Street B easterly to Outlot B, as depicted in Exhibit B, attached hereto. F. An eight-foot wide bituminous trail along the south side of Cul-de-sac #5 from the intersection of Cul-de-sac #5 with Street B, southeasterly to Outlot C, as depicted in Exhibit B, attached hereto. G. An eight-foot wide bituminous trail within Outlot C, from the terminus of the trail along the south side of Cul-de-sac #5, through Outlot C, aligning to the west of the bay within said Outlot, as depicted in Exhibit B, attached hereto. H. An eight-foot wide bituminous trail within Outlot A which connects Highway #5 to Street B, all as depicted in Exhibit B, attached hereto. Developer agrees that said sidewalks and .trails shall be constructed, or caused to be constructed, concurrent with street construction on the property in accordance with the terms and conditions of Exhibit C, attached hereto. Developer may, in its sole discretion, construct eight-foot wide concrete sidewalk(s) in the locations of any of the above cited eight-foot wide bituminous trails. 9. 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, which will include mitigation of tree loss for 320 caliper inches of trees, among other conditions and requirements. 10. Concurrent with utility and street construction on the property, Developer agrees to provide for connection to public sanitary sewer and watermain within Street B to any house remaining on the property, including Lots 1-4, Block 2, all as depicted in Exhibit B, attached hereto. Developer further agrees that at such time as the existing private utilities fail for the existing houses located on said Lots 1-4, Block 2, Developer shall hook up such lot, or lots to public utilities as provided in Street B. 11. Developer has applied to City and obtained City's approval of variances for particular lots on the property from City Code requirements for minimum lot frontage, variances from the City's Shoreland Management Ordinance for minimum lot size of less than 40,000 sq. ft. for lots abutting the Ordinary High Water Mark, minimum lot width at building line of less than 150 ft. for lots abutting the Ordinary High Water Mark, minimum lot width at the Ordinary High Water Mark of less than 150 ft., and minimum setback from the Ordinary High Water Mark of 150 ft. The lots for which such variances have been granted and the appropriate amount of variance granted for each such lot are described in Final Order #89-50 of the Board of Appeals, attached hereto as Exhibit E and made a part hereof. Developer and City acknowledge that the variances described in Final Order #89-50 were based on preliminary plat data and that exact dimensions may be slightly different after such lots receive final plat approval from City. Developer and City agree, therefore, that after such time as any such lot described in Final Order #89-50 is approved through the City's final platting process, dimensional measurements for such variances for purposes of house SII construction shall be based on three documents: Final Order #89- 50 for the amount of variance granted, the final plat for exact lot dimensions, and Sheet 7 of 14 of Exhibit B, attached hereto, for • the "Lakeshore Setback" line depicted thereon. S1a Shores of Mitchell Lake C OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN MR-USHOT AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1990, by and between PETER H. AND LORENE LOSCHEIDER, husband and wife, hereinafter referred to as "Owners," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance #37- 89, changing the zoning of the property owned by Owners from the Rural !9 District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of , 1990, by and between MR-USHOT, a Minnesota general partnership, and City, Owners agree with City as follows: 1. If MR-USHOT fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owners shall not t' oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, and assigns of the property. 3. If Owners transfer such property, Owners shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. CITY OF EDEN PRAIRIE Gary D. Peterson, Mayor Carl J. Jullie, City Manager { 513 CITY OF EDEN PRAIRIE f HENNEPIN COUNTY, MINNESOTA l RESOLUTION #90-66 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE #37-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance #37-89 was adopted and ordered published at a regular meeting of the City Council of the City y of Eden Prairie on the 13th day of March, 1990; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance #37-89, 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 #37-89 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 March 13, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk S1i1 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 1 ORDINANCE NO. 37-89 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 west of Mitchell Lake, south of Highway #5, east of Dell Road, extended, from the Rural District to the R1-13.5 District, 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: /s/ John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1990. (A full copy of the text of this Ordinance is available from City Clerk.) f l 5►5 ROGERS BODY SHOP, INC. '361 1Vest 79th St. • Bloomington, MN 55420 • (612)881.4252 December 15, 1989 City Of Eden Prairie Attn: Mayor Peterson, City Council and Mr. Carl Julie 7600 Executive Drive Eden Prairie, Minnesota 55344 RE: Roger's Auto Body - Extension of Zoning Approval. Dear Mr. Julie: This letter is written as a request for extension to the zoning change to the proposed Roger's Auto Body, on Highway 169/212 south of Anderson Lakes Parkway. In the Spring of 1988, the Eden Prairie City Council approved a zoning change from Rural to Industrial 1 - 2. Market projections for building expansion has been temporarily changed, causing a delay in construction timing. I am requesting an extension of the zoning approval as previously granted for the City Council. { If you have any questions concerning this, please contact me. Sincerely, Roger L. Lindeman RPS/kal raj( CITY OF EDEN PRAIRIE HENNEPIN COUNTY RESOLUTION NO. 90-49 FINDINGS, CONCLUSIONS, AND DECISION RE: REQUEST OF ROSEWOOD CONSTRUCTION FOR ASPEN PROPERTIES FOR COMPREHENSIVE GUIDE PLAN AMENDMENT FROM OFFICE TO COMMUNITY COMMERCIAL ON 1.5 ACRES AND PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT ON APPROXIMATELY 37 ACRES FOR A 3,300 SQUARE FOOT AUTO SERVICE CENTER BACKGROUND Rosewood Construction for Aspen Park Properties has applied for a Comprehensive Guide Plan Amendment of Outlot D, Gonyea 4th Addition from an office land use to a Community Commercial land use, consisting of 1.5 acres, and a Planned Unit Development Concept Amendment to the Gonyea Planned Unit Development consisting of 37 acres for construction of a 3,300 square foot automotive service center to be known as Eden Service Center. FINDINGS AND CONCLUSIONS 1. The property is currently guided for Office use per the Eden Prairie Comprehensive Guide Plan. 2. The proposed development is inconsistent with the Comprehensive Guide Plan and does not represent the highest and best use of the property. Further, the developer has presented no substantiation for the change to the Comprehensive Guide Plan. 3. The proposed land use is inconsistent with the overall Gonyea Planned Unit Development Concept for the property. 4. The proposed land use is not compatible with the adjacent wetland and views from the existing residential land uses adjacent to the property to the north, west, and northwest. 5. There are other parcels in the City which are more suitable for the proposed land use and which would not present negative impacts upon residential neighborhoods or upon natural areas or wetlands. (.31'1 DECISION Based upon the foregoing Findings and Conclusions, the request for amendment to the Comprehensive Guide Plan from Office to Community Commercial and for amendment of the Gonyea Planned Unit Development Concept to allow an auto service center land use is denied. Adopted by the Eden Prairie City Council on March 13, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk DENYESC.SAK:bjs it • - MEMORANDUM - TO: Mayor and City Council THROUGH: Carl 3ullie, City Manager FROM: Alan D. Gray, P.E. City Engineer DATE: March 8, 1990 RE: Petition for Utility Improvements to White Tail Crossing and Trotters Path Creek Knolls Partnership has petitions for the installation of sanitary sewer, watermain, storm sewer and street surfacing on White Tail Crossing and Trotters Path. Both streets are relatively short cul-de- sacs south of Bluff Road in Section 36. The attached drawing taken from the feasibility study for Bluff Road improvements shows both streets and the new alignment for Bluff Road. With the installation of utilities and improvements to Bluff Road, it is feasible to proceed with improvements to White Tail Crossing and Trotters Path as petitioned by Creek Knoll Partnership. The petition- ing properties represent more than 30% of the property that would j. benefit from installation of utilities on White Tail Crossing and Trotters Path. In addition to the two streets petitioned, staff would recommend that a feasibility study would include Wild Duck Pass. Wild duck Pass is a short cul-de-sac street slightly south of Trotters Path and also takes access and utility service from Bluff Road. Since Wild Duck Pass is not included in the current petition, future Council action to approve improvements will require a minimum four-fifths vote of the Council. ADG:ssa 5;9 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 90-62 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-194 - (Improvements on White Tail Crossing, Trotters Path and Wild Duck Pass Sanitary sewer, watermain, storm sewer and street) and assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statues, Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of H.T.P.O., and that a feasibility report shall be { prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assess- ment and feasibility of the proposed improvements. ADOPTED ¢y the Eden Prairie City Council on March 13, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk ' I D^J CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie City Council to consider making the followng described improvement(s): (General Location) V Sanitary Sewer (.�� cT,,.,1( ( • ✓ Watermain V Storm Sewer V Street Paving Other Street Address of Other Legal Description of Names of Petitioners Property to be Served (Must Be Property Owners) 1006 )l tA►a.Ltat: it 1, Z ?, c/ 5 0.44 J,44,4 CclL�l lA 4-its 1)(n (t*Lct; E1Tir. 'u'-;? Kwa, F r� ae a axe:eaesaeesa_eeeaeeaae seeaeeseeeeseaae axe (For City Use) Date Received 2—Z 3-11) Project No. .3 C, 5 11`1 Council Consideration 3 L3—`P JA+ ( ' s / 1. . I z 4....,............... ........../1 .i Z FRANLO ROAD ......1- 4 \ ; ryf 1 �rr1. �y P� + O farm r ......:. . .'..g • A's �' � � tis 'i 1----- 3N 16!,;2-13-0025 ` �— �: ��' f. 3 __t-11 /7 ) �%, `, \ 36-116-22-14-0026 ' f 1 , II RS -- .�•(E - �.(_, \ -- v-- 4.'.i., ` ` _- 36-116-2 t-0023 <............ \ r T-`'' ssce J"\--....... .... Q . " .. .R 4 GSM n 4. \V \ O N O G O • o o I O 1 , "y�, 1 1 \ -,• e aa I e 1 11 r 1 \ /, -_1 /I 7 1 N ( cm N N 1. N IT, 1 to 1 i 1 _- ... I P,fI PO ,q M VI saa CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 9D-63 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS ANO SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 52-195 BLUFFS EAST 7TH ADDITION (Sanitary sewer, watermain, storm sewer and street improvements) BE IT RESOLVED by the Eden Prairie City Council: {, 1. The owners of IGO% of the real property abutting upon and to be benefitted from the proposed improvements have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City Standards and advertise for bids thereon, with the assistance of H.T.P.O. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improve- ments shall not be approved by the City Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on March 13, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk - i S2'3 1 j J .f CITY OF EDEN PRAIRIE, MINNESOTA r 100% PETITION FOR LOCAL IMPROVEMENTS 1 TO THE EDEN PRAIRIE CITY COUNCIL: it The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed r with making the following described improvements: 1 (General Location) 1 j h sanitary Sewer �`�1— `L u4-f 7 1147 E14 rl J- tiA"., 6 j • Watermain C' Storm.Sewer '/ Street Paving Other Pursuant to M.S.A. 429.031, Subd. 3, the undersigned hereby waive any public hearing to be held on said improvements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance,with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is . Street Address or other Legal Names and addresses of Petitioners Description of Property to be Served ' (Must be owners of record) (.1. F.S 14 %•kt-L.5 t). -ern/F_Shl►t) 7Vi ? U OA/ 0, / `L' yi (For City Use) Date Received Z-Z 3-7o Project No. T C. S2 - 115 council Consideration 3. I3..90 51.1 ' JOHNSON® E.F.JOHNSON COMPANY.P.O.BOX 59089,MINNEAPOLIS,MN 55 4 5 9 0 089 ALAN R.CARON Vice President-Direct&System Sales Telephone 16121 942-1090 March 9, 1990 Mr. Keith Wall Chief of Police City of Eden Prairie Eden Prairie, Minnesota 55459 Re: E.F. Johnson Company Research and Demonstration Multi-Net gadio System for the City of Eden Prairie Dear Chief Wall: I am pleased to present you with this letter Agreement which will confirm our understanding. The City of Eden Prairie ("City") • agrees to permit E.F. Johnson Company ("Johnson") to install a Johnson 5-channel Multi-Net Radio System and the equipment listed on Exhibit A ("System") at no cost to the City and pursuant to the terms of this letter Agreement, in exchange for Johnson's ability to use the System for research and demonstrations. This Agreement shall commence upon completion of installation of the System and continue through the last day of the month following the end of the fifth year. Johnson agrees to permanently install the System at City-owned or leased transmitter and receiver sites ("Sites") and in City-owned or leased vehicles at no cost to the City. Johnson shall not be obligated to pay for expenses associated with preparation and maintenance of the Sites, lease and utility payments for the Sites and/or other costs associated with the Sites. Upon installation completion, the System will conform to all applicable federal, state and local regulations, including FCC Rules and Regulations, Part 90. All installation procedures shall conform to all applicable building and vehicle codes. Johnson's sole warranty and the City's exclusive remedy for defects is set forth on Exhibit B. Johnson or an authorized Johnson service center will perform all warranty repairs at no charge to the City. Repair work which becomes necessary after the expiration of the Warranty and through the remaining term of this Agreement will be the obligation of the City. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE. • A COMPANY OF DIVERSIFIED ENERGIES,INC. Johnson agrees to provide the individual at the City who will be responsible for System training with unlimited training on the use of the System at no cost to the City. Johnson shall have access to the System for the following purposes, provided any access relating to technical operation of the system shall not interrupt any 911 service or any other police services which in the sole opinion of the City are essential to public health, safety, or welfare. 1. Technology changes on all components of the System, including software and hardware, provided however, all costs thereof shall be borne by Johnson. To minimize the interruption to the City, Johnson agrees to perform technology changes during the following times: Any Day 8:00 a.m. - 4:00 p.m. Anytime Midnight - 8:00 a.m. Johnson shall provide the City with one week prior notice of its intent to perform technology changes on the System. 2. ' Customer visitations and demonstrations of the System, including the City's dispatch center, repeater Sites and vehicles on any business day during the hours of 8:00 a.m. through 5:00 p.m., provided that Johnson gives the City three ( days prior notice of its intent to use the System for demonstration purposes. 3. Advertising and testimonials of every kind and nature, including equipment performance evaluations, written questionnaires, photographs and oral, written and video-taped interviews of City personnel regarding System performance, provided Johnson shall have first notified the City in writing one week prior thereto of its intent to use the System for advertising purposes, and provided further, that the use of any advertising which includes the City's name, equipment, or property shall be subject to approval of the City, which shall not be unreasonably withheld. 4. Market and product research of the System, including engineering studies regarding the performance of features, functions and specifications of the System and written or oral questionnaires and interviews of City personnel, provided however, Johnson shall have first notified the City in writing one week prior thereto of its intent to use the System for such purposes. 2 5. Inspection. Johnson may inspect the System during the City's normal business hours provided that Johnson provides the City with one day prior notice of its intent to inspect the System. Johnson shall provide the City with as much advance notice as possible, but in no event less than the notice periods set forth above. During the term of this Agreement, Johnson shall be:the owner of the System and title to the System shall remain with Johnson. Upon expiration of the term of this Agreement, Johnson agrees to transfer to the City title to the System at no cost. The City agrees to permit Johnson to place upon the System labels indicating Johnson's ownership and not cover, remove, or alter such labels until the City obtains title to the System. The City will provide sufficient Sites for the proper operation of the System within the City. In the event it is necessary to move the System from a Site at which it was originally installed, to another Site or Sites during the term hereof, it shall be the obligation of the City to do so unless such move is required by Johnson, in which case it shall be Johnson's obligation to do so. In the event the City shall purchase from Johnson additional equipment as well as equipment for replacement of damaged, destroyed, or lost equipment Johnson shall sell the same to the City at its then current list price less twenty percent (20%). List prices shall be based upon Johnson's standard commercially available price list. The City agrees to operate and maintain the System in accordance with all federal, state and local laws, including the rules and regulations of the Federal Communications Commission. In the event the City uses non-Johnson equipment with the System, or fails to honor any other provision of this Agreement, Johnson will have the right to immediately terminate this Agreement. Upon such termination, Johnson shall have the option to require the City to remove, without charge to Johnson, and return the System to Johnson within 180 days from the date Johnson shall notify the City of its desire to have the System removed. The City shall have the right to terminate this Agreement if the A equipment fails to operate in a reasonably satisfactory manner based upon communications industry standards and in such event Johnson shall remove the equipment without charge to the City 180 days after notification in writing by the City to remove the same. The City agrees to provide Johnson with reasonable notice of any information concerning the System which is released in the form of advertisements, publications and news releases. 3 Nothing contained herein shall require the City to observe any covenant or perform any obligation of the City, including but not limited to, the purchase of any additional equipment, parts, service, or otherwise that may result in a violation by the City of any law, including, but not limited to Minnesota Statutes §471.345 - 471.37, or any other government rule or regulation. This Agreement is not assignable by either party. This Agreement and the attachments listed below constitute the entire Agreement between the parties concerning the System. This Agreement cannot be amended except in writing signed by officers of both parties. If the foregoing correctly states your understanding of our Agreement, please indicate your acceptance by executing the duplicate originals of this letter in the space provided below and return one original to me. Please do not hesitate to contact me, Mr. Thomas Morrow or Mr. Dwaine Bagley if you have any questions. E.F. Johnson Company looks forward to a long and mutually beneficial business relationship with the City of Eden Prairie. Very truly yours, • Alan R. Caron Vice President-Direct & System Sales Attachments: Exhibit A - Equipment List Exhibit B - Warranty Agreed to and accepted this day of March, 1990. CITY OF EDEN PRAIRIE By Mayor By City Manager 4 EXHIBIT A 5OUIPMENT LIST - 5-channel Multi-Net Radio System, installation and engineering - Voted receivers (4 Sitess) - 2 Position Dispatch Console - 162 Mobiles (Model No. 8615) - 114 Portables (800 MHz Multi-Net Portable) is 5?SO EX ILBLT li , ae.e...� 77 V iii.AgA -� f,�fr _A*. . . . ...lw Jz.%J,,t<„. ,, , .:rzr, ?s w e _< .0 "'..L. xvnaa it a h_ x t�..� . .. ', Tk t .. ..„0.NL+n.,�10. -- - SfN ;, e•'IifQ"4 .J f. ';: 11" LAND MOBILE RADIO ,firlei` �� WARRANTY �; ; } $ ti :� ;' The E.F.Johnson Company warrants to the original purchaser for a period of two Y. years from the date of delivery,except as noted below",that each Johnson-Clear. channel LTV'product,Land Mobile product,or Johnson branded accessory is free ` y of defects in material and workmanship.The E.F.Johnson Company will provide ,:,,)I. 'rnj y through its authorized service agent,its supplier,or directly,the parts and labor f a0 �t� to repair such products found defective. 1.‘:,. a5 The purchaser is responsible for any cost of travel or transportation connected with ., Iwarranty repair.The purchaser is also responsible for all costs of investigating or F i �r" 2li correcting communications failure caused by the purchaser's misuse,abuse or '`4 2z.tr neglect,by unauthorized alteration or repair,by accidents or other factors beyond Johnson's control.No warranty is made as to availability,coverage,grade of service Y? ; or operation of the repeater system provided by the carrier or repeater operator. '�rP• `ri.,ztt Johnson reserves the right to make changes in design and/or improvements to its q t F. products without any obligation to include these changes in anyproducts previous- ly zlii� , ` ° yP ",�p'SY N 1 I manufactured.Correction of defects by repair or replacement shall constitute fulfill- ment of all warranty obligations on the part of Johnson.Corrective actions may in- clude �(1 :y`y s, clude replacement of defective modules with factory rebuilt exchange modules which �a are warranted for the remainder of the product's warranty period. Purchased b : i' $ ,t4. •t peripheral assemblies which are incorporated into systems carry the original equip , ,"� ment manufacturer's warranty. # • This is the sole and exclusive express warranty offered by Johnson for any claim of t: damages arising from any defect in the Johnson product.IMPLIED WARRANTIES, �' /lass INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PAR- TICULAR PURPOSE,ARE LIMITED TO THE DURATION OF THIS WRITTEN WARRAN- TY,AND ARE EXCLUDED TO THE EXTENT PERMITTED BY LAW.JOHNSON SHALL t' lt`fjav HAVE NO LIABILITY FOR CONSEQUENTIAL DAMAGES OR PERSONAL INJURY OR 61:11' FOR LOSS,DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF ITS PRODUCTS.Some states do not allow limitations on how long an im- plied warranty lasts,or the exclusion of incidental or consequential damages,so the above limitations may not apply to you. r'i This warranty gives you specific legal rights,and you may also have other rights which v. , vary from state to state. t,° •NOTE: One Year - Portable radio batteries " ' ty 1a!j`, ti One Year - Labor to replace parts found defective, or to correct , 40 ``3 %< • "�' workmanship errors in Johnson repeaters or base stations. a1 ' ti. Thirty Days -Tuning and adjustment required after installation 1l * No Warranty -Expendable parts such as fuses and lamps '.� `n a, as � 0� ;AN f� ti,)OHNSON° iir f �! � E.F.IOHNSON COMPANY P.O.BOX 59089 MINNEAPOLIS,MN i 55a59-0OB9 t 113- . MEMO TO: Mayor and City Council FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: March 9, 1990 SUBJECT: International School This is a continued item from the February 6 and February 20, 1990, City Council meetings. City Council directed International School to work with Don Poupard in an attempt to resolve the headlight and drainage issues. The International School met with Don Poupard on Monday, March 5, 1990 on-site to discuss these issues. The International School proposes (see attachment) to plant arborvitae along the entrance road as a supplement to the existing spruce trees to screen headlights. Mr. Poupard is concerned about headlights shining into his windows. While additional plant materials may help soften the headlights, they will not be able to completely screen them from view. Other alternatives would be: • 1. Construct a berm, however this would require considerable fill and would result in the loss of natural vegetation which provides for screening during the summer. 2. A decorative fence along the roadway, though expensive, would effectively screen the views of the headlights. 3. A series of retaining walls could be constructed along the slope, though costly, would provide a larger level pad area at the top of the slope for a double or triple row of plantings. In addition, the consulting engineer for International School has reviewed the drainage. The attached letter indicates there is not a drainage problem. The International School proposes to rectify some erosion problems along the edge of the roadway through sodding. According to Mr. Poupard, a considerable amount of water drained into the duck pond on his property during the rain of July, 1987 floods. Since that time however, due to drought conditions, he has not experienced any additional run-off into the pond. The consulting engineers have indicated that the existing drainage swale will direct water run-off from normal storm events away from the duck pond. 5a6 Memo International School March 8, 1990 Page 2 At the last City Council meeting Don Poupard expressed concern about the intersection lights at Crosstown and Beach Road. We have sent the attached letter to Hennepin County asking for their cooperation in providing additional screening at the intersection. We have not heard from the County at this time. The Staff Report recommended that the final plat be completed. This was a condition of the Developer's Agreement signed over two years ago. The International School has recently retained a consulting engineer to prepare the final plat. The International School believes that the City Council indicated at the last meeting it would be acceptable to complete the final plat as a condition of occupancy permit. The City Staff did not get this clear indication from the Council and believe release of the International School from their Developer's Agreement on this issue was not given. Further discussion on this issue is necessary by the City Council. INTSCHL.MDF:bjs • 57 LAW OFFICES SIEGEL, BRILL, GREUPNER 81 DUFFY, P.A. FORMERLY GROSSMAN.MARLINS.SIEGEL S SKILL RICHARO SIEOEL or COUNSEL JOSIAM f.DRILL.JR SUITE 1350 N L.GROSSMAN.P A JAMES R.GREUPNER 100 WASHINGTON SQUARE SHELDON D.DARLING.P.A. GERALO S.DUFFY WOOD R.FOSTER.JR. MINNEAPOLIS,MINNESOTA 55401 • THOMAS M.GOODMAN R111R[D N.CRAIG WILDFANO TELEPHONE 16121 339•7131 ARNOLD A.MARLINS J OMN S.WATSON TELECORIER 16121 339,3591 MURRAY R.FLAME SRUCE MEOGCOCK KATHLEEN A.CON NELLY TMDD F.SASSINGER • March 7, 1990 • .CHRISTOPHER PENWELL ,• PATRICK E.SULLIVAN ANTHONY J.OLEEMEL SMERRI L.PRICK City of Eden Prairie Planning Department 7600 Executive Drive Eden Prairie, Minnesota 55344 Re: International School of Minnesota Our File No. 17,155D-001 At the February 6, 1990, City Council meeting the public hearing on the International School of Minnesota's request for a zoning district amendment within the public zoning • district on approximately 38 acres and site plan review for construction of a 27,640 square foot addition to the International School of Minnesota was tabled. The reason for that action was to give the International School of Minnesota and my client, Donald Poupard, an opportunity to meet and discuss potential methods of alleviating problems which have been created as a result of the International School of Minnesota locating its entrance driveway within 50 feet of my client's east property line. Prior to the construction of the driveway, my client's property had the benefit of a natural drainage system which caused water to flow away from rather than onto my client's property from the International School of Minnesota property. In addition, my client's property benefited from a berm which was constructed by Hennepin County to prevent car headlights on cars driving west on County Road 62 from shining in the windows of my client's home. When the International School of Minnesota constructed its driveway, it removed the berm constructed by Hennepin County. It also changed the drainage causing storm water to drain onto my client's property from its property. �i� City of Eden Prairie Planning Department March 7, 1990 Page 2 On March 5, 1990, my client and I were asked to meet with representatives of the International School of Minnesota to discuss their suggestions for alleviating the problems which the International School of Minnesota has created by the construction of its driveway. We proposed that the International School of Minnesota construct an earth berm. An earth berm would solve both problems. Representatives of the International School of Minnesota were not favorably disposed to the construction of an earth berm. To construct that berm, it would be necessary to bring in clean fill which would have to be placed both on the School's property and on my client's property. The cost of creating that berm, while not specified, seemed to be the reason why the International School of Minnesota did not want to construct an earth berm. My client also suggested the construction of a 15 foot high fence/retaining wall adjacent to my client's property line. Again, the International School of Minnesota was not favorably disposed to that suggestion from a cost standpoint. ( The International School of Minnesota has provided us with its recommendation. The recommendation was generated by Close Grant Design Company. Copies of the two pages provided to us are enclosed with this letter. Close Grant Design Company has recommended the addition of 22 four to five foot arborvitae trees along the west side of its driveway. In discussions with us, they have indicated they would be willing to add additional arborvitae trees to extend the visual screening further south along the curve of the driveway. They have also discussed raising the curb height of the curb along the west side of the driveway to prevent water from coming over the curb and down onto my client's property. While we remain skeptical about the potential for success of alleviating both the visual screening problem and the drainage problem, my client is willing to allow the International School of Minnesota to proceed with that plan so long as it is understood that if it fails to alleviate the problems, the International School of Minnesota must proceed with another method to alleviate the problems which it has created. 5a� City of Eden Prairie Planning Department March 7, 1990 Page 3 As we indicated, we have no objection to the International School of Minnesota's use of its property. On the other hand, we do not want its use of its property to have a negative affect on my client's use of his property; At the present time, the International School of Minnesota's use of its property has that negative affect. If the method chosen to alleviate that negative affect is successful, my client will be satisfied. However, if it is not successful, the International School of Minnesota must take more aggressive methods to alleviate the problems which it has created. In addition, my client would like to propose that the International School of Minnesota agree to allow him to create an earth berm, part of which would be on the International School of Minnesota's property at some point in the future if my client agrees to do it at his expense. In making this request, my client is not waiving his right to claim that the responsibility for constructing that berm is the International School of Minnesota's. We simply want an understanding with the International School of Minnesota that if my client determines that it is in his best interest to construct such a berm through grading at his own expense, primarily on his property, that the International School of Minnesota will grant him the necessary easements to facilitate the construction of that berm. If you have any questions concerning this, please feel free to contact me. Yours very truly, A.l.tetd9A1424411- Gerald S. GSD:jah Enclosure cc: Mr. Donald Poupard 530 3. .r 4044, yl,-.',SQL" r,4frtf,r2:,t yip ti 7' y 1yr .. t l4: �" i �r1 1 q s x __ILrI 112k .--- t-V 1 T1`/e`e Te oil't- No 5U'.Le PXItpt%Iv 412CMAL.'111-Ee5 riaar"�. k„. , , A1I� �J6TINb �IfM .d.-''-ti 3,,A ..... i, .. - �r' 't - t._ 7' - IRO ris.Lu. SITE ENTRY STUDY V 1 N = %"' I=o" 1 _ i INTERNATIONAL SCHOOL OF MINNESOTA Close �, Giant ?I'.�,14 ft;Design ';I;A! .1. err j� .i') 'I 1. .,.., +,.. ii.,, --------- I -.. , Company - 2525 East Franklin Avenue Minneapolis,MN 55406 612-333.2270 \ \ \ — ?�. 5t6N \ \ \ 401 \ [ `r rr L 4p r / ...._�� \ or _ _ ....... _... .... \ - _ I ( \ \ C.1 i 0 I t— — 1 \ ‘ k we ( it' 1 \ \ till ‘ , / N\\!:-: %..,, itit-------- , 1 o \ \\ liNts i..\ , \ -, 'Iwo' Titift'r:11-Al<viri":- _ _ . , \ \ I \ \ i\ `\ - � \ \\ \ \ . � =- «i �► CTYP) \ \ \ \\ \ \ \ \ \ \\ 3,, 15r. SUMAC, \\ \\ \ \\ \ _� \ \\ \ \\ \ * — -- \SITE ENTRY STUDY rul- VI eQ r=Zo'o" INTERNATIONAL SCHOOL OF MINNESOTA Close / Grant e' i'fJ" j '.J .l Design 'j� .•' ...' J,,.' .` . I.'' Ea. ^- ... ..__,. Company 25'25 f and f nnfhn Avnn,m MinnraN,,s MN 55406 102 3.17?7O t n ffP . . City of Eden Prairie C+ Offices Executive Drive • Eden Prairie,MN 55344.3677• Telephone(612)937-2262 March 1, 1990 Bruce Polacyzk Chief Design Engineer Hennepin County Transportation 320 Washington Avenue So. Hopkins, MN 55343 RE: VISUAL ABATEMENT INTERSECTION BEACH ROAD, CROSSTOWN HIGHWAY Dear Mr. Polacyzk: I am writing to you on behalf of Don Poupard, resident at 6251 Beach Road. Mr. Poupard is concerned about headlights shining in his house and the visibility of the signals at the intersection of Beach Road and Crosstown Highway. I have enclosed a copy of an aerial photo which shows the relationship of the Poupard residence to the intersection. Would it be possible for the County to either extend the screen wall along Crosstown Highway or construct a berm with plantings to mitigate the impacts of the intersection? The City is currently working with the International School of Minnesota to address the headlight issue next to Mr. Poupard's property. This issue will be discussed at the March 13, 1990 City Council meeting when the City Council reviews building expansion plans for the International School. Could you let me know before then what the County is able to do with regard to this matter. Sincerely Yours, City of Eden Prairie Michael D. Franzen Senior Planner POLACYZK.MDF:bjs 53 ' Published 02/21/90 VAC 90-02 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90- 56 VACATION OF PART OF THE RIGHT-OF-WAY FOR CORRAL LANE t WHEREAS, the City of Eden Prairie has certain right-of-way described as follows: That part of Corral Lane, as depicted and dedicated in the recorded plat of Eden Hills First Addition, according to said recorded plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota which lies easterly of the West 30.00 feet thereof and lies southerly of the easterly extension of the South line of Lot 27, Block 2, said Eden Hills First Addition. Also all that part of Corral Lane, as depicted and dedicated in the plat of Eden Hills First Addition, according to said recorded plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota which lies northerly of the easterly extension of the South line of Lot 27, Block 2, said Eden Hills First Addition WHEREAS, a public hearing was held on March 13, 1990, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on March 13, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John 0. Frane, Clerk 53LJ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-61 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 20th day of February, 1990 fixed the 13th day of March, 1990 as the date for a public hearing on the following proposed improvements: • I.C. 52-166 - (Summit/Meadowvale/Red Oak Drives Neighborhood) WHEREAS, ten days published notice of the Council hearing through two weekly publications of the required notice was given and the hearing was held on the 13th day of March, 1990 at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with the assistance of HTPO, Inc., consulting engineers. ADOPTED by the Eden Prairie City Council on March 13, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk S35 MEMO • To; Mayor and City Council FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: March 9, 1990 SUBJECT: Jamestown Planned Unit Development The City Council held 1st Reading of the Jamestown Planned Unit Development at the February 6, 1990, meeting. At that meeting Staff informed City Council that there was an error in the legal description of the properties to be zoned R1-13.5 and R1-22 as published in the newspaper. A public hearing has been scheduled for tonight's meeting to correct a legal error in the publication. Notices were sent out to the surrounding property owners with an explanation as to why another public hearing is being scheduled. The project has not changed in the number of housing units. The attached site plan indicates the areas to be zoned R1-13.5 and Ri- 22. No further presentation or discussion will be necessary. JMSTWNMO.MDF:bjs S�� :: _.----'N CM /7) ..-------- i ------- 11MINIMMIIMM.111.1.1.11111.1 TRUNK HIGHWAY 5 1 <::90/111 ---- • C-----TT- ---7--;---7. ''''-'" ,. ' ,,, — --Se_ ...d '...•4 1 • I ' ---•.-**-741.11-colootte '*4 --• ..„ •ti.6 Mil r al . • Elan PIMSTI 1111111Tiit ,--.01,.,, - 4 ...., I 1 c ., d ,,,, • op .....,,,ro e 11 lk a,, VA ei • .1 • I ' -.):3101"''''''''' ,-,-... IfIL/C 1 ---- / * s ry 16 -•ip It' NOW • _/ ,,••-x11:_raili , ''''''-',.---•0 - - ,Gi-n-rt ilMe4., - --- ------.....r,,,,...svriP111=01, otx___ : , --........, ,....„-- 1 ,o I ,., \A' CI iii IP • 4 ' 2 1 . 11 MOO..MOMICIP8000 MIN NM 1 6 6C fi. Mill .4 r .... k9F. \1\ Pi 8 --- le CI \I . go„,, s..j,.1, , i , op. H go ...SIMI I I \ — • mamas rows I -'..". 40Orr."44114.\12 1 f . 1 a a") ., . .. 3 1‘1‘. -.., 4 --4- 1111 IP Pi ri - -:4 ,3 I • 44, I i #11 • — I i > - _ —vz• ' 46 ,/o.' fil 6# i . \ _ 41* 14 41 illi'l il'11'• 1 115111:1*-00:116it- \ ___ .... 110. -: ***a - ir al" pi.01 r.;4.L1- 1)11 li 0.I,' 1 Wet !Po Cob, -.; .ela"1 1 _ „........... IVILIC STRUT I Ille4I ,9 go/ ite tra-1-7-ii j filo -- ,-,16 — Ibir . . ___. i ......., / 3'-) ..,-. JAMESTOWN P.U.D. LA.:3.1 .7._ ........= — moe•sa RIM~ants F:-.F4--T--. I I s I I ; I I • i Dear Resident: The City Council held a hearing February 6, 1990 for.phe Jamestown Planned Unit Development. Although the project was published in the newspaper and notices mailed out to the surrounding neighborhood, there was an error in the legal description which describes the property to he rezoned from Rural to single family. In order to correct this legal error, the Council has scheduled a 2nd public hearing for March 13, 1990, at 7:30 p.m. at the City Hall. The project will not change in size or in the number of units. Purpose of the public hearing is to correct and incorrect legal description. A public hearing notice will be mailed to your residence 10 days prior to the March 13 meeting. If you should have any questions, please do not hesitate to contact me at your earliest convenience. i Sincerely Yours, City of Eden Prairie Michael D. Franzen Senior Planner JMSTNLTR.MDF:bs C 7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-51 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MCDONALD'S FOR MCDONALD'S CORPORATION • BE IT RESOLVED, by the Eden Prairie City Counci' as follows: That the preliminary plat of McDonald's for McDonald's Corporation, dated January 31, 1990, consisting of 8.2 acres into 2 lots for construction of a fast food restaurant, 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 13th day of March, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk C STAFF REPORT : The Planning Commission . Franzen,Mike F , Senior Planner THRU: Chris Enger, Director of Planning DATE: February 9, 1990 SUBJECT: McDonalds LOCATION: East of Highway #169, north of Prairie Center Drive APPLICANT/ FEE OWNER: McDonalds • REOUEST: 1. Planned Unit Development District Review with waiver for parking setback. 2. Zoning District Amendment within the C-Reg-Ser Zoning District on 1.4 acres. 3. Site Plan Review on 1.4 acres. 4. Preliminary Plat of 8.2 acres into 2 lots for construction of a fast food restaurant. BACKGROUND --',:: OFC 'C.REG-SER �i This site has concept approval i - �� p�i ' for a fast food restaurant • Q1 - fl=L 2: ' according to the 1988 Eden ! _PUB ?rrE�4 (•OFC �_F Square PUD. The project was ; — approved subject to the fast REG-SER !! ?.-. : R+ food restaurant returning to r '�■- --- .,.; the Planning Commission for OFC review of the detailed plans. -REG-SER —HWY- Approval was predicated upon a .. s ' / site design and building ' �': c-HWY- . - architecture to be consistent -1 with the overall design of the 'G- • ,..; Eden Square Shopping Center. s: '46' PROPOSED SITE _ N'0:•.:410>4cci, " i PUB ' ��,° 0 i l 1 - C-REG-S:••�o. . t 510 ' AREA LOCATION MAP SITE PLAN The site plan depicts the construction of a 4,500 square foot restaurant on 1.4 acres, .07 Base Area Ratio. The C-Reg-Ser Zoning District would permit up to a .20 Base Area Ratio. The building meets the minimum setback requirement in the C-Reg-Ser Zoning District. The C-Reg-Ser Zoning District requires a 10 foot minimum rear yard setback. Since the internal roadway which serves this shopping center was constructed approximately 2.5 feet closer to Prairie Center Drive than shown on the approved plans, a 7.5 foot setback between the rear lot line and the parking exists. The site plan could be modified to shift the building to the west and narrow the drive-thru lanes, however, this would eliminate the bypass lane which McDonalds feel is essential to their business. Since the rear yard setback abuts a private road, the request for waiver may have merit. A total of 59 parking spaces are depicted on the site plan. Parking required would be 50 spaces. ARCHITECTURE The exterior materials and brick detailing for the McDonalds restaurant is consistent with the other buildings in the Tower Square Shopping Center. The roof shingles should be a light brown color compatible with the brick colors. LANDSCAPING The proposed landscape plan meets City Code and is consistent with the approved landscape plan. GRADING The grading plan is consistent with the approved grading plan. SIGNS The approved sign plan required all signs be within an architecturally defined sign band. The roof sign shown on the eastern elevation is not consistent with the approved plan and should be relocated within a sign band on the vertical walls. In addition, roof signs are not allowed according to City Code. LIGHTING The lighting plan is in compliance with the approved lighting plan for the shopping center. 2 �. 54I • c (- STAFF RECOMMENDATIONS The Staff would recommend approval of the request for a PUD District Review with waiver, Zoning District Amendment, Site Plan Review and Preliminary Plat based on plans dated February 7, 1990, subject to recommendations of the Staff Report dated February 9, 1990, and subject to the following conditions: 1. Prior to City Council review, the proponent shall: (a) Modify the-:sign plan to remove the roof sign from the building. 2. Prior to final plat approval, the proponent shall: (a) Submit detailed storm water runoff, utility and erosion control plans for review by the City Engineer. (b) Submit detailed storm water runoff and erosion control plans for review by the Watershed District. 3. Prior to building permit issuance, the proponent shall: (a) Notify the City and Watershed District at least 48 hours in advance of grading. (b) Provide plans for review by the Fire Marshall. (c) Provide samples of exterior building materials for review. (d) Provide the final lighting plan for review. (e) Provide the final sign plan for review. MCDONLDS.MDF:mmr 3 5L { Hallett recommended that the outdoor seating be limited to 25 at this time. Bye recommended a limit of 26 outdoor seats at this time and that a maximum of 52 seats be set when additional proof-of-parking was available. Motion carried 5-2-0. Bauer and Ruebling voted "NO". Bauer stated that the original plan hAd called for 120 seats and by approving this motion the Planning Commission had just increased the seating capacity to 176 seats. Sandstad stated that the City regulations was forcing the increase in seating capacity due to liquor license requirements. MOTION 3: Anderson moved, seconded by Sandstad to recommend to the City Council approval of the request of Lariat Companies for Zoning District Amendment from Office to C-Reg-Ser and Site Plan Review on 3.58 acres for construction of a 29,551 sq. ft. retail center to be known as Alpine Center, based on plans dated February 6, 1990, subject to the recommendations of the Staff Report dated February 9, 1990 and further that the patio area shall not be enclosed or covered and recommend a PUD Waiver for 9 parking spaces, setting a maximum seating capacity for the outdoor patio at 26 seats until proof-of-parking was established and the seating be limited to a total not to exceed 52 once 18 proof-of-parking stalls were obtained. Motion carried 5-2-0. Bauer and Ruebling voting "NO". Ruebling and Bauer voted not because of the belief that this was too much development for this parcel. D. MCDONALDB, by McDonald's Corporation. Request for Planned Unit Development District Review and Zoning District Amendment within the C-Reg-Ser Zoning District on 1.4 acres with waiver for parking setback, Site Plan Review on 1.4 acres, Preliminary Plat of 8.2 acres into 2 lots for construction of a fast food restaurant. Location: East of Highway #169, north of Prairie Center Drive. A public hearing. Franzen reported that when the PUD was originally ,. approved a fast food restaurant was anticipated for this site and added that the requirement was that when a 9 specific tenant was identified they be required to return dr 11, through the process for a detailed review. Franzen stated that the remaining issues to be resolved were a waiver for parking setback and the location of the roof sign. Ray Schleck, representing the proponent, presented the plans for a standard prototype McDonald's facility. The architecture would match that of the existing center. Schulk noted that the proponent proposed to install the standard facia sign; however, City Code stated that the sign must be located below the structural roof line. Dodge asked if a playground area was planned. Schleck replied that an outdoor play area was not planned at this time; however, some discussion had taken place regarding the possibility of an indoor play area, which had become popular in other facilities. Franzen noted that a variance would be required if the proponent wished to have the sign above the roofline. Franzen stated that the options available would be to remove the sign from the building entirely or to place , the sign on the mansard within a 2 foot space, which would be below the roof line. Franzen noted that the logo as proposed was 4 feet. l Schleck stated that a sign band was not designed into the building architecture and the proponent preferred to have the signage centered on the mansard. Sanstad asked if the mansard extended all around the roof. Schleck replied yes. Sandstad believed that it would be difficult with the present design to actually distinguish where the roof line began with the mansard. Ruebling asked Franzen if the question was how high the sign was located on the building. Franzen replied that it was both an issue of the location on the building of the sign and the size of the letters to be used. Franzen added that the PUD has specific requirements for location of the signage. Schleck was concerned about the potential for vandalism of the sign if it were located on the wall of the building. Hallett stated that he would prefer to see 2 foot letters used; however, he was not as concerned about the location of the sign. 10 rqL/ Schleck noted that the signage would only face into the mall area and would not face Highway 169. Kelly Doran, representing the developer, added that the signage would not be visible from any thoroughfare. Franzen replied that the Planning Commission needed to be careful in its definition of exactly was considered a thoroughfare. Franzen added that another consideration was just how much signage should be allowed on the building. He noted that a pylon sign and a monument sign were also being proposed. Hallett believed that the proponent should meet City Code for signage. MOTION 1: Bauer moved, seconded by Sandstad to close the public hearing. Motion carried 7-0-0. MOTION 2: Bauer moved, seconded by Sandstad to recommend to the City Council approval of the request of McDonald's Corporation for Planned Unit Development District Review Amendment to the overall Eden Square Planned Unit Development, with waiver for parking setback, for construction of a fast food restaurant, based on plans ° dated February 7, 1990, subject to the recommendations of the Staff Report dated February 9, 1990. Motion carried 7-0-0. MOTION 3: Sauer moved, seconded by Sandstad to recommend to the City Council approval of the request of McDonald's Corporation for Zoning District Amendment within the C- Reg-Ser Zoning District and Site Plan Review on 1.4 acres for construction of a fast food restaurant, based on plans dated February 7, 1990, subject to the recommendations of the Staff Report dated February 9, 1990. Motion carried 7-0-0. MOTION 4: Bauer moved, seconded by Sandstad to recommend to the City Council approval of the request of McDonald's Corporation for Preliminary Plat of 8.2 acres into two lots for construction of a fast food restaurant, based on plans dated February 7, 1990, subject to the recommendations of the Staff Report dated February 9, 1990. Motion carried 7-0-0. 11 Published 02/21/90 VAC 90-03 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 90-57 VACATION OF DRAINAGE AND UTILITY EASEMENTS IN WELTER PURGATORY ACRES 2ND ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: That part of Lot 10, Block 2, Welter Purgatory Acres 2nd Addition according to the plat thereof on file or of record in the office of the • registrar of Titles, Hennepin County, Minnesota lying over, under, across and within five (5.00) feet of the easterly property line, except that part within five (5.00) feet of the northerly property line and within ten (I0.00) feet of the southerly property line of said lot, and; That part of Lot 11, Block 2, Welter Purgatory Acres 2nd Addition according to the plat thereof on file or of record in the office of the registrar of Titles, Hennepin County, Minnesota lying over, under, across and within five (5.00) feet of the westerly property line, except that part within five (5.00) feet of the northerly property line and within ten (I0.00) feet of the southerly property line of said lot. WHEREAS, a public hearing was held on March 13, 1990, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on March I3, I990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk Published 02/21/90 VAC 90-04 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESDTA RESOLUTION NO. 90-58 VACATION OF RIGHT-DF-WAY FOR . PART OF WEST 184TH AVENUE WHEREAS, the City of Eden Prairie has certain right-of-way described as follows: The easterly 16.5 feet of the Southeast Quarter of the Northwest Quarter and the easterly 16.5 feet of the Northeast Quarter of the Southwest Quarter and the westerly 16.5 feet of the Northwest Quarter of the Southeast Quarter all in Section 18, Township 116, Range 22, Hennepin County, Minnesota WHEREAS, a public hearing was held on March 13, 1990, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADDPTED by the Eden Prairie City Council on March 13, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk ;)Y • MARCH 13.1990 57782 RESIDENCE INN CONFERENCE-FIRE DEPT 146.28 57783 SCOTT JAEGER CONFERENCE-FIRE DEPT 676.00 ' ; f84 U S WEST CELLULAR SERVICE 178.12 85 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 28.24 57786 AIS CONST EQUIPMENT CORP -ROTORY MOWER BLADES & BOLTS-EQUIPMENT 234.66 '1 MAINTENANCE 57787 FIAM CONFERENCE-FIRE DEPT 45.00 57788 LMCIT -1990 JOINT POWERS INSURANCE FOR SOUTH 923.50 HENNEPIN ADAPTIVE RECREATION BOARD 1 57789 STATE TREASURER LICENSES-SEWER DEPT 30.00 57790 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 300.00 57791 SENSIBLE LAND USE COALITION' CONFERENCE-PLANNINGG DEPT 15.00 57792 MN RECREATION & PARK ASSN SOFTBALL TEAM REGISTRATION/FEES PAID 35.00 57793 DEPARTMENT OF NATURAL RESOURCES -1990 DNR WATER APPROPRIATION PERMIT- 1967.00 WATER DEPT 57794 COMMISSIONER OF REVENUE JANUARY '90 SALES TAX 18814.49 57795 PERFORMANCE COMPUTER FORMS COMPUTER PAPER-POLICE DEPT 469.95 57796 THE MAYFLOWER HOTEL CONFERENCE-CITY COUNCIL 1603.08 57797 MARY BOTTOLENE AMIOT REFUND-SNOWSHOE HIKE 5.00 57798 JOANN BADENHOP REFUND-CROSS COUNTRY SKI LESSONS 16.00 57799 YVONNE BAINUM REFUND-CROSS COUNTRY SKI LESSONS 24.00 57800 DAVID CHINNOCK REFUND-SKI TRIPS 35.00 57801 MARCY EICKHOLT REFUND-SNOWSHOE HIKE 5.00 57802 JERRY & ANN FOSS REFUND-CROSS COUNTRY SKI LESSONS 8.00 57803 DENISE FOWLER REFUND-CROSS COUNTRY SKI LESSONS 8.00 57804 CLAUDIA FYTEN REFUND-SNOWSHOE HIKE 5.00 57805 KERRY HEUER REFUND-CROSS COUNTRY SKI LESSONS 8.00 47?06 PATRICK JACQUELIN REFUND-CROSS COUNTRY SKI LESSONS 8.00 1 07 JANE JANECKY REFUND-CROSS COUNTRY SKI LESSONS 4.00 ' i808 CHERYL JOHNSON REFUND-SWIMMING LESSONS 5.25 I 57809 CLEO JOHNSON REFUND-CROSS COUNTRY SKI LESSONS 8.00 57810 MARK KALVIK REFUND-SNOWSHOE HIKE 5.00 57811 LEANN KING REFUND-SKI TRIP 5.00 57812 DONNA KIRKPATRICK REFUND-CROSS COUNTRY SKI LESSONS 8.00 57813 SHIRLEY KRATOUCHUIL REFUND-CROSS COUNTRY SKI LESSONS 24.00 57814 MARY SUE KRUEGER REFUND-CROSS COUNTRY SKI LESSONS 16.00 57815 PHILIP KUIPERS REFUND-CROSS COUNTRY SKI LESSONS 32.00 57816 JENNIE MALCOUN REFUND-CROSS COUNTRY SKI LESSONS 8.00 57817 MICHAEL MALCOUNE REFUND-CROSS COUNTRY SKI LESSONS 8.00 57818 SYLVIA MUENCH REFUND-CROSS COUNTRY SKI LESSONS 12.00 57819 KAREN PETERSON REFUND-CROSS COUNTRY SKI LESSONS 8.00 57820 PAM PETERSON REFUND-SHOESHOE HIKE 5.00 57821 ED & NORMA SEVOLD REFUND-SNOWSHOE HIKE 10.00 57822 BONNIE SEYMOUR REFUND-CROSS COUNTRY SKI LESSONS 8.00 57823 MICHELLE SPRINGER REFUND-ASUA AEROBICS CLASS 12.00 57824 ROBIN STEWART REFUND-SWIMMING LESSONS 2.50 57825 JILL TULLY REFUND-CROSS COUNTRY SKI LESSONS 8.00 57826 CHRIS VALINSKI REFUND-CROSS COUNTRY SKI LESSONS 8.00 57827 CITY-COUNTY CREDIT UNION PAYROLL 1/26'90 1677.00 57828 CITY-COUNTY CREDIT UNION PAYROLL 2/9/90 1702.00 57829 COMMISSIONER OF REVENUE PAYROLL 2-9-90 11700.64 57830 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 186.00 57831 CROW WING COUNTY SOCIAL SERVICES PAYROLL 2/9/90 186.00 ,32 EXECUTIVE DIRECTOR-PERA PAYROLL I/26/90 30272.94 EXECUTIVE DIRECTOR-PERA PAYROLL 2/9/90 29930.68 10144033 J .7 9 MARCH 13,1990 57834 FIRST BANK EDEN PRAIRIE PAYROLL 2/9/90 57904.56 57835 GREAT WEST LIFE ASSURANCE CO PAYROLL 1/26/90 4669.00 ( 36 GREAT WEST LIFE ASSURANCE CO PAYROLL 2/9/90 4769.00 =.a37 GUARANTEE MUTUAL LIFE COMPANY FEBRUARY '90 LIFE INSURANCE PREMIUM 2620.53 1 57838 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 194.76 57839 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 194.76 57840 ICMA RETIREMENT CORPORATION PAYROLL 1/26/90 1528.04 57841 ICMA RETIREMENT CORPORATION PAYROLL 2/9/90 1548.04 57842 INTERNAL REVENUE SERVICE PAYROLL 1/26/90 32.00 57843 INTERNAL REVENUE SERVICE PAYROLL 2/9/90 32.00 57844 INTL UNION OF OPERATING ENG JANUARY '90 UNION DUES 1009.00 57845 MEDCENTERS HEALTH PLAN INC FEBRUARY '90 HEALTH INSURANCE PREMIUM 14201.35 57846 MN TEAMSTERS CREDIT UNION PAYROLL 1/26/90 25.00 57847 MN TEAMSTERS CREDIT UNION PAYROLL 2/9/90 25.00 57848 MUTUAL BENEFIT LIFE FEBRUARY '90 DISABILITY INSURANCE PREMIUM 2515.01 57849 NORWEST BANK HOPKINS PAYROLLS 1/12/90 & 1/26/90 1060.00 57850 PHYSICIANS HEALTH PLAN JANUARY '90 HEALTH INSURANCE PREMIUM 25046.92 57851 EXECUTIVE DIRECTOR-PERA MARCH '90 LIFE INSURANCE PREMIUM 162.00 57852 PETTY CASH EXPENSES-CITY HALL 69.63 57853 GRIGGS COOPER & CO INC LIQUOR 8956.77 57854 JOHNSON BROS WHOLESALE LIQUOR LIQUOR 14515.09 57855 QUALITY WINE CO WINE 4897.64 57856 PAUSTIS & SONS CO WINE 133.07 57857 ED PHILLIPS & SONS CO WINE 11091.19 57858 PRIOR WINE CO WINE 1769.63 57859 CIATTI'S ITALIAN RESTAURANT EXPENSES-CITY COUNCIL 47.38 57860 AT&T CREDIT CORPORATION SERVICE 93.67 "461 AT&T CONSUMER PRODUCTS DIV SERVICE 135.00 62 AT&T SERVICE 692.25 57863 AT&T SERVICE E49.72 57864 NORTHERN STATES POWER CO SERVICE 4516.26 57865 NORTHERN STATES POWER COMPANY SERVICE 7673.91 57866 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 55.25 57867 U S WEST CELLULAR INC SERVICE 295.50 57868 U S WEST COMMUNICATIONS SERVICE 5598.21 57869 THE OMNI SHOREHAM CONFERENCE-CITY COUNCIL 512.16 57870 DOUGLAS TENPAS EXPENSES-COUNCILMEMBER 225.00 57871 GARY PETERSON EXPENSES-COUNCILMEMBER 225.00 57872 JEAN HARRIS EXPENSES-COUNCILMEMBER 225.00 57875 PATRICIA PIDCOCK EXPENSES-COUNCILMEMBER 225.00 57874 HOPKINS POSTMASTER POSTAGE-CITY HALL POSTAGE METER 5000.00 57875 BETH NILSSON SKATING INSTRUCTOR/FEES PAID 2866.84 57876 HENN CTY-SHERIFFS DEPT -RENTAL & REPAIR OF MOBILE RADIOS-POLICE 1484.00 DEPT 57877 LUND'S INC EXPENSES-FIRE DEPT 175.39 57878 METRO PRINTING INC -PRINTING FORMS/BUSINESS CARDS-POLICE DEPT/ 455.00 ASSESSING DEPT/ADMINISTRATION 57879 GEORGE MARSHALL SERVICE-PLEASANT HILLS CEMETERY 250.00 57880 SIGNATURE CONCEPTS INC UNIFORMS-POLICE DEPT 57.00 57881 MINNESOTA STATE LOTTERY LICENSE-LIQUOR STORE 100.00 57882 MINNESOTA STATE LOTTERY LICENSE-LIQUOR STORE 100.0D 57883 DEBBIE BELFRY REFUND-SWIMMING LESSONS 13.50 57884 ETHEL HOFFHINES REFUND-KARATE LESSONS 7.00 / '85 MARG MUELLER REFUND-SWIMMING LESSONS 16.25 k ,B6 SUZANNE KEARNS REFUND-SKI TRIP 12.00 19027628 MARCH 13.1990 57887 C W OLCOTT REFUND-SKI TRIP 12.00 J 98 MINNESOTA UC FUND 4TH QUARTER '89 UNEMPLOYMENT COMPENSATION 711.88 1. ,89 DAVE JOHNSON FIRE CALLS 486.00 57890 ANNIE ADAMCZAK -SERVICE-VOLLEYBALL CLINIC-ORGANIZED 170.00 ATHLETICS 57891 UNIVERSITY OF MINNESOTA CONFERENCE-ENGINEERING DEPT 75.00 57892 TTTC CONFERENCE-STREET DEPT/ENGINEERING DEPT 90.00 • 57893 VOID OUT CHECK 0.00 57894 MN CHAPTER I A A I CONFERENCE-BUILDING INSPECTIONS DEPT 115.00 57895 STATE OF THE REGION CONFERENCE-PLANNING DEPT 80.00 57896 HENNEPIN TECHNICAL COLLEGE CONFERENCE-BUILDING INSPECTIONS DEPT 75.00 57897 LAKE COUNTRY CHAPTER CONFERENCE-BUILDING INSPECTIONS DEPT 500.0D 57898 ILLINOIS THEATRICAL ICE SHOW COSTUMES-COMMUNITY CENTER 17.10 57899 FINA ICE SHOW COSTUMES-COMMUNITY CENTER 144.80 57900 MINNESOTA SAFETY COUNCIL CONFERENCE-SAFETY DEPT 250.00 57901 HOPKINS POSTMASTER POSAGE-SENIOR NEWSLETTER 78.73 57902 FINA ICE SHOW COSTUMES-COMMUNITY CENTER 189.00 57903 MN DIVISION OF EMERGENCY MANAGEME CONFERENCE-POLICE DEPT 25.00 57904 MN MUNICIPAL BEVERAGE ASSN CONFERENCE-LIQUOR STORES 160.00 ' 57905 SOUTHWESTERN TECHNICAL COLLEGE CONFERENCE-FIRE DEPT 510.00 57906 TRIAD COMMUNICATIONS INC TRAINING MANUALS-FIRE DEPT 413.50 57907 ASSN OF MN EMERGENCY MANAGERS DUES-POLICE DEPT 20.00 57908 NORTH SUBURBAN MUTUAL AID ASSN CONFERENCE-FIRE DEPT 375.00 57909 SOUTHWESTERN TECHNICAL COLLEGE SCHOOL-FIRE DEPT 120.00 57910 IACCI DUES-POLICE DEPT 40.00 57911 STANLEY E POND AND SCOTT GOLDSI'IIT -SETTLEMENT FOR 1985 SLUDGE REMOVAL 15000.00 CONTRACT (. i2 HOPKINS POSTMASTER POSTAGE-SPRING BROCHURE-COMMUNITY CENTER 1345.00 5i/13 DANA GIBBS SERVICE-PACKET DELIVERY 171.00 57914 REBECCA WARNER MILEAGE-FINANCE DEPT 25.75 57915 CITY COUNTY CREDIT UNION PAYROLL 2/23/90 1722.00 57916 COMMISSIONER OF REVENUE PAYROLL 2/23/90 11485.64 57917 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 186.00 57918 EXECUTIVE DIRECTOR-PERA PAYROLL 2/23/90 29696.17 57919 FIRST BANK EDEN PRAIRIE PAYROLL 2/23/90 55373.04 57920 GREAT WEST LIFE ASSURANCE CO PAYROLL 2/23/90 4794.00 57921 HENN CTY SUPPORT & COLLECTION SER CHILD SUPPORT DEDUCTION 194.76 57922 ICMA RETIREMENT CORP PAYROLL 2/23/90 1558.04 57923 INTERNAL REVENUE SERVICES PAYROLL 2/23/90 32.00 57924 MEDCENTERS HEALTH PLAN INC MARCH 90 HEALTH INSURANCE PREMIUM 13326.35 • 57925 MN TEAMSTERS CREDIT UNION PAYROLL 2/23/90 25.00 1 57926 NORWEST BANK HOPKINS PAYROLLS 2/9/90 & 2/23/90 1060.00 • 57927 PHYSICIANS HEALTH PLAN MARCH 90 HEALTH INSURANCE PREMIUM 25331.70 57928 EAGLE WINE CO WINE 525.58 57929 GRIGGS COOPER & CC INC LIQUOR 3083.04 57930 JOHNSON BROS WHOLESALE LIQUOR LIQUOR 5635.56 57931 ED PHILLIPS & SONS CO WINE 2811.26 57932 PRIOR WINE CO WINE 29.98 57933 AT&T CONSUMER PRODUCTS DIV SERVICE 12.40 57934 NORTHERN STATES POWER CO SERVICE 14561.84 57935 U S WEST CELLULAR INC SERVICE 45.05 57936 MARY ESMOND REFUND-SWIMMING LESSONS 17.00 i77 CAROL GULLBERG REFUND-SKATING LESSONS 19.00 8 C W OLCOTT REFUND-SKI TRIP 9.00 57939 LINDA THOMAS REFUND-SKATING LESSONS 19.00 - 19275317 9'0 MARCH 13.1990 57940 QUALITY WINE CO LIQUOR 2036.77 57941 A TO Z RENTAL CENTER 6 TABLE RENTALS-LIQUOR STORE 24.54 '( 7942 PARR 55 ALIVE NATURE DRIVING DEFENSIVE DRIVING INSTRUCTOR/FEES PAID 140.00 _7943 ABM EQUIPMENT & SUPPLY INC POLE TAMPER/HYDRAULIC FITTINGS-STREET DEFT 1177.80 57944 ACRO-MINNESOTA INC -OFFICE SUPPLIES-POLICE DEFT/CITY HALL/ 942.59 LIQUOR STORES/OUTDOOR CENTER PROGRAMS 57945 AD RESOURCES & PROMOTIONS INC ADVERTISING-LIQUOR STORE 295.00 57946 AFTON ALPS SKI AREA SKI TRIP-SPORTS & OUTDOOR/FEES PAID 1022.00 57947 AIRSIGNAL INC FEBRUARY 90 PAGER SERVICE-COMMUNITY CENTER 14.00 57948 TIM E ALDRICH PHD MPH SERVICE-FLYING CLOUD LANDFILL 1340.25 57949 AMERCIAN PLANNING ASSOCIATION DUES-PLANNING DEPT 428.00 57950 AMERICAN RED CROSS POSTAGE-POOL LESSONS 2.00 5795I ANDERSON'S GARDEN EXPENSES-FIRE DEPT 30.00 57952 B & S TOOLS -WRENCHES/SOCKETS/WIPER TOOL/DRILL INDEx/ 275.00 PLIERS/HAMMER/JUMPER CABLE-EQUIPMENT MAINT 57953 TERRY BARCK EXPENSES-ART & MUSIC 41.78 57954 PAT BARKER EXPENSES-HUMAN RESOURCES DEPT 13.84 57955 BARTON ASCHMAN ASSOCIATES INC -SERVICE-SHADY OAK ROAD/WEST 62ND WATER 3576.25 MAIN 57956 BECKER & ASSOCIATES INC ACRYLIC SHEETING-ICE ARENA-COMMUNITY CTR 618.20 57957 ARIK BERGLUND VOLLEYBALL & BASKETBALL OFFICIAL/FEES FAID 99.00 57958 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 603.77 57959 LEE BRANDT HOCKEY OFFICIAL/FEES PAID 189.00 57960 BRW INC -SERVICE-VALLEY VIEW RD-BITTERSWEET TO 16670.78 HOWARD DRIVE 57961 BRYAN ADVERTISING COMPANY UNIFORMS-CONMUNITY CENTER 560.89 57962 BRYAN ROCK PRODUCTS INC GRAVEL-PARK MAINTENANCE 2341.65 57963 BUCKINGHAII DISPOSAL INC JANUARY '90 WASTE DISPOSAL SERVICE 1691.02 '964 BUREAU OF CRIMINAL APPREHENSION INVESTIGATIONS-POLICE DEPT 600.00 D7965 BUREAU OF CRIMINAL APPREHENSION SCHOOL-POLICE DEPT/FIRE DEFT 240.00 57966 CARLSONS LAKE STATE EQUIP CO -TRACTOR REPAIR/REPLACED HOUSING SEAL & 1039.25 -BUSHINGS/SPARK PLUGS/POINTS/CONDENSER/ REPLACED DRIVE SHAFT-EQUIPMENT MAINTENANCE 57967 JAMES CLARK FEBRUARY '90 EXPENSES-POLICE DEPT 200.00 57968 CONTACT MOBILE COMMUNICATIONS INC RADIO REPAIR-POLICE DEPT 70.00 57969 CORNERSTONE ADVOCACY SERVICE 4TH QUARTER '90 SERVICE FOR BATTERED WOMEN 2000.00 57970 CORPORATE RISK MANAGERS INC FEBRUARY '90 INSURANCE CONSULTANT 560.00 57971 COUNTRY VILLAGE MINNESOTA FABRICS ICE SHOW COSTUMES-COMMUNITY CENTER 23.15 1 57972 CURTIS INDUSTRIES INC -4 DRAWER RACK/DRILL BITS-EQUIPMENT MAINT/ 98.37 J PARK MAINTENANCE j 57973 CUSTOM FIRE APPARATUS INC WEATHERPROOF COVER-FIRE DEFT 21.53 § 57974 DALCO CLEANING SUPPLIES-COMMUNITY CENTER 1490.59 1 57975 DAN & DAN'S PIINUTEMAN PRESS -PRINTING-PARK PERMITS-RECREATION 367.65 ADMINISTRATION/FLYER-PROGRAM SUPERVISOR 57976 DANNY'S TAILOR UNIFORMS-POLICE DEPT 18.00 57977 DECATHLON ATHLETIC CLUB JANUARY '90 SERVICE 2191.93 57970 HERB DE ROMA EXPENSES-MARTIN LUTHER KING JR CELEBRATION 500.00 57979 DRIVER'S LICENSE GUIDE CO I D CHECKING GUIDE-POLICE DEPT 18.45 57980 ECOLAB PEST ELIMINATION DIVISION FEBRUARY '90 SERVICE-FIRE STATIONS 121.50 57981 EDEN PRAIRIE SCHOOL FOODSERVICE EXPENSES-MARTIN LUTHER KING JR CELEBRATION 936.30 57982 EDINA S W PLUMBING VALVE REPAIR-FACILITIES DEPT 99.50 57983 DEB EDLUND MINUTES-CITY COUNCIL/PLANNING COMMISSION 275.00 57984 JOHt,I EKLUND WASTE DISPOSAL-FORESTRY DEPT 280.00 .'w ( '985 ELECTRIC AIRE CORPORATION -BLOWER FANS/MOTOR/COVER/WASHERS/HEATING 447.54 ELEMENT-COMMUNITY CENTER 4573289 • MARCH 13.1990 57986 EMPRO CORPORATION SPRAY GUN TUBE/TIP/BODY-FIRE DEPT 44.40 57987 FINLEY BROS ENTERPRISES DUMPSTER GATE/POSTS-PARK MAINTENANCE 317.00 ( 'B8 THE FITNESS STORE -SEAT COVERS/READING RACK/CABLE/LEG 225.85 EXTENSION-ICE ARENA-COMMUNITY CENTER 57989 FLAHERTY EQUIPMENT CORPORATION -POINT SET/CONDENSER/SPARK PLUGS/SOLENOID/ 206.43 -OIL FILTER/CHOKE/OIL/GENERATOR REPAIR- EQUIPMENT MAINTENANCE 57990 MILT FLOYD DANCE INSTRUCTOR/FEES PAID 393.00 57991 FLOYD SECURITY -2ND QUARTER '90 SECURITY SYSTEM 60.00 MAINTENANCE-CUMMINS GRILL HOMESTEAD 57992 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 696.54 57993 FOX MCCUE & MURPHY 1989 AUDIT SERVICE 8500.00 57994 STUART FOX SOFTBALL OFFICIAL/FEES PAID 46.50 57995 FRANCIS GREENHOUSE & FLORAL EXPENSES-FIRE DEPT 30.00 57996 MICHAEL D FRANZEN MILEAGE/EXPENSES-PLANNING DEPT 11.40 57997 GETTING TO KNOW YOU ADVERTISING-LIQUOR STORES 150.15 57998 JOSEPH GLEASON HOCKEY OFFICIAL/FEES PAID 252.00 57999 GLENWOOD INGLEWOOD SPRING WATER/CUPS-FITNESS CENTER 34.70 58000 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAINTENANCE 1903.42 580D1 GRANT MERRITT & ASSOCIATES LTD -JANUARY '90 LEGAL SERVICE-FLYING CLOUD 14629.18 LANDFILL 58002 ALAN GRAY JANUARY '90 EXPENSES-ENGINEERING DEPT 200.00 58003 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 86.00 58004 GUNNAR ELECTRIC CO INC SWITCHES-PARK MAINTENANCE 27.02 58005 H & H INDUSTRIES INC LIGHTBULBS-LIQUOR STORE 366.45 58006 MICHAEL W HAMILTON BROOMBALL OFFICIAL/FEES PAID 255.00 58007 ROGER HAWKINSON BASKETBALL OFFICIAL/FEES PAID 165.00 `*008 HENNEPIN CO FIRE CHIEF'S ASSN DUES-FIRE DEPT 10.00, )09 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 24I.00 58010 HENN CTY DEPT OF PROPERTY TAX POSTAGE-VOTER REGISTRATION VERIFICATIONS 43.95 58011 HENNEPIN COUNTY PUBLIC RECORDS -FILING FEE-ENGINEERING DEPT/HOUSING 30.00 REHABILITATION PROGRAM 58012 HENNEPIN COUNTY TREASURER -SERVICE-TRAFFIC SIGNAL MAINTENANCE- 68.67 PRAIRIE CENTER DRIVE 58013 HENNEPIN TECHNICAL INSTITUTE SCHOOL-FIRE DEPT 60.00 58014 VOID OUT CHECK 0.00 58015 KATHY KOTTKE FILE CABINET-NEIGHBORHOOD OUTREACH PROGRAM 42.39 58016 DR CLYDE HERTZMAN SERVICE-FLYING CLOUD LANDFILL 4296.04 58017 HI TECH TV & VCR SERVICE VCR REPAIR-POLICE DEPT 59.90 58018 SUZANNE HOARN -EXPENSES/WINTER SKILL DEVELOPMENT 143.30 INSTRUCTOR/FEES PAID 58019 HOLIISTEN ICE RINKS INC -ACRYLIC SHEETING/FREON-ICE ARENA- 1709.50 COMMUNITY CENTER 58020 HYLAND HILLS SKI AREA SKI RENTALS & LESSONS/FEES PAID 1449.00 58021 INDEPENDENT SCHOOL DIST #272 -ROOM RENTALS/COPIES-RECREATION SUPERVISOR/ 170.35 -HISTORICAL & CULTURAL COMMISSION/MARTIN LUTHER KINGG JR CELEBRATION 58022 INSTY PRINTS PRINTING BUSINESS CARDS/FORMS-POLICE DEPT 406.05 58023 INTL OFFICE SYSTEMS INC -FEBRUARY '90 MAINTENANCE AGREEMENT-CITY 513.43 HALL/POLICE DEPT 58024 GARY ISAACS SOFTBALL OFFICIAL/FEES PAID 173.50 58025 BEN JENNY VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 177.00 58026 KARP'S BAKING SODA-FIRE DEPT 63.39 ( 127 KILLMER ELECTRIC CO INC -REALIGN SIGNAL MAST ARM-VIKING DR & 172.00 PRAIRIE CENTER DRIVE 3842951 - MARCH 13.1990 58028 MARY KOTTKE BASKETBALL OFFICIAL/FEES PAID 72.00 58029 KRAEMER'S HOME CENTER -WIRE'PLUGS/STAPLES/SAWS/EXTENSION LORD/ 834.33 -HEATER/PROPANE TANK/LUBRICANT/BOLTS/ -SCREWS/WASHERS/PUTTY KNIFE/CLIPS/CABLES/ -BRUSHES/BATTERIES/DOOR STOPS/PAILS/ROPE/ -CHISEL/CONNECTORS/PAINT/TAPE/SHELVES/ -PAPER TOWELS/ROLLER/CONTAINERS/BLADES/ -PAINT THINNER/PAINT TRAYS/RUST REMOVER/ { -WINDOW PLASTIC-SEWER DEPT/WATER DEPT/ FIRE DEPT/EQUIPMENT PAINT/PARK PAINT i. 58030 LAB SAFETY SUPPLY SAFETY GLASSES-SAFETY DEPT 39.61 58031 ROBERT LAMBERT -JANUARY & FEBRUARY '90 EXPENSES-PARK & 400.00 RECREATION DEPT 58032 LANG PAULY & GREGERSON LTD SEPTEMBER 89 LEGAL SERVICE 15811.58 58033 GWEN LEAPALDT STAMPS-HISTORICAL & CULTURAL COMMISSION 25.00 58034 LIBERTY ENVELOPE CORP -LETTERHEAD/ENVELOPES-CITY HALL/UTILITY 710.00 BILLING 5B035 LITURGICAL PUBLICATIONS INC ADVERTISING-LIQUOR STORES 144.00 58036 LONDON'S FURNITURE -2 RECLINERS-$880.00/3 SOFAS-$4244.00/2 7624.95 -TABLES-$924.00/8 CHAIRS-31576.00-FIRE DEPT 58037 LOUISVILLE LANDFILL INC JANUARY '90 WASTE DISPOSAL-STREET PAINT 60.00 58038 LINHOFF CORPORATE COLOR PRINTS-HISTORICAL & CULTURAL COMMISSION 24.50 58039 MACQUEEN EQUIPMENT INC COVER/BEARING COVER ROLLER-SEWER DEPT 40.74 58040 MASTS CORPORATION -MARCH '90 COMPUTER MAINTENANCE AGREEMENT- 1295.00 POLICE DEPT 58041 MBA DESKTOP PUBLISHING PLUS TYPESETTING FLYERS-RECREATION SUPERVISOR 85.00 f5-042 FLORENCE L McMAHON EASEMENT-RED ROCK LAKE STORM SEWER 4716.32 t 13 PAT MCCARTY EXPENSES-WATER DEPT 14.77 58044 MEDICINE LAKE LINES -BUS SERVICE-SKI TRIPS-SPORTS & OUTDOOR/ 496.00 SOCIAL EVENTS 58045 JOSEPH T MENGEL PHD -JANUARY '90 LEGAL SERVICE-=LYING CLOUD 1125.00 LANDFILL 58046 METRO SALES INC -2ND QUARTER '90 MAINTENANCE AGREEMENT- 1107.00 -COMMUNITY CENTER/1990 MAINTENANCE AGREEMENT-POLICE DEPT 58047 METROPOLITAN MECHANICAL CONTRACTO UNPLUGGED LINE-COMMUNITY CENTER 153.66 58048 METROPOLITAN WASTE CONTROL COMMIS MARCH '90 SEWER SERVICE CHARGES 161364.B8 58049 MID-CENTRAL INC HOSES-FIRE DEPT 5351.25 58050 MIDLAND EQUIPMENT CO PIPE/HINGES/STEEL PLATE-PARK MAINTENANCE 178.11 58051 MAHA DISTRICT 6 -ADVERTISING HOCKEY PROGRAM-COMMUNITY 110.00 CENTER ADMINISTRATION 58052 THE MINNESOTA DAILY EMPLOYMENT ADS-COMMUNITY CENTERD 24.94 58053 MINNESOTA GFOA DUES-FINANCE DEPT 15.00 58054 MN STATE FIRE CHIEFS ASSN DUES-FIRE DEPT 190.00 58055 METRO CHIEF FIRE OFFICERS ASSN DUES-FIRE DEPT 60.00 58056 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORES 151.20 58057 BERNADINE MORGAN EXPENSES-KIDS KORF'IER 7.56 58058 MSP AIRPORT NEWS ADVERTISING-LIQUOR STORES 196.00 58059 GREGORY J MUELLER VOLLEYBALL OFFICIAL/FEES PAID 270.00 58060 NATIONAL CAMERA EXCHANGE FILM-POLICE DEPT 441.75 I 58061 JIM NELSON MEGA SALES LABELS-LIQUOR STORE 48.00 58062 NORTH STAR TURF INC GRASS OVERSEEDER-PARK MAINTENANCE 3310.00 63 NYSTROM INC LOCKER INSTALLATION-FIRE DEPT 200.00 64 OFFICE PRODUCTS OF MN INC PRINTER-FINANCE DEPT 384.00 20708215 • MARCH 13.1990 58065 OLSEN CHAIN & CABLE CO INC LOGGING SLING-STREET MAINTENANCE 28.50 58066 P & M MANUFACTURING CO PLUMBING SUPPLIES-COMMUNITY CENTER 174.42 '67 PARK NICOLLET MEDICAL CENTER STRESS TESTS-FIRE DEFT 780.00 J68 ANDREA PATTERSEN ICE SHOW COSTUMES-COMMUNITY CENTER 47.60 58069 LYNN PEARSON BASKETBALL OFFICIAL/FEES PAID 60.00 58070 PERSONNEL POOL SERVICE-FINANCE DEPT'ADMINISTRATION 258.18 5B071 CONNIE L PETERS MILEAGE-COMMUNITY CENTER 18.75 5B072 POMMER COMPANY INC ENGRAVING-POOL LESSONS 12.97 58073 PORTER CABLE CORPORATION GUARD KIT/BUMPER-PARK MAINTENANCE 37.00 5B074 PRAIRIE ELECTRIC COMPANY INC FIXTURE REPAIRS-COMMUNITY CENTER 65.25 { 58075 PRAIRIE HARDWARE -SPRINGS/WASHERS/PLIERS/SOLDER/SAW/TAPE' 60.16 SPRAY PAINT/FUSE/AXE HANDLES-FIRE DEPT 58076 PRAIRIE OFFSET PRINTING PRINTING-PLANNING DEPT 196.00 58077 PRENTICE HALL INFORMATION SERVICE MANUALS-HUMAN RESOURCES DEPT 876.80 58078 PRINT GALLEY INC -PRINTING-EMPLOYEE NEWSLETTER-HUMAN 175.00 RESOURCES DEPT 58079 R & R SPECIALTIES INC -ZAMBONI BLADES SHARPENED/BLADE BOLT/NUT/ 71.10 LOCKWASHER-ICE ARENA-COMMUNITY CENTER 58080 R C PLUMBING REFUND-PLUMBING PERMIT 20.50 58081 RETAIL DATA SYSTEMS OF MN -CASH REGISTER MAINTENANCE AGREEMENT- 1101.89 LIQUOR STORE 58082 RESCUE MAGAZINE SUBSCRIPTIONS-FIRE DEPT 56.85 58083 ROAD MACHINERY & SUPPLIES CO -SIGN TRUCK-AERIAL DEVICE-$I4801.00/BODY- 31412.00 -BODY-$14668.00/HOSE REELS-41158.00/ BRACKETS/MUDFLAPS/TAIL LIGHTS-STREET DEPT 58084 ROAD RESCUE INC 1ST AID RESCUE EQUIPMENT-FIRE DEPT 110.13 580E15 ROGER'S SERVICE CO ALTERNATOR REPAIR-SEWER DEPT 97.75 5Q086 RYANS RUBBER STAMPS RUBBER STAMP-FINANCE DEPT 20.00 87 SANCO INC CLEANING SUPPLIES-FACILITIES DEPT 70.55 0088 DALE SCHMIDT EXPENSES-STREET DEPT 16.00 58089 KEVIN SCHMIEG -JANUARY '90 EXPENSES-BUILDING INSPECTIONS 200.00 DEPT/SAFETY DEPT/FACILITIES DEPT 58090 THE SCIENCE MUSEUM OF MINNESOTA SUBSCRIPTIONS-POLICE DEPT 270.00 58091 THE SHERMAN WILLIAMS CO PAINT-PARK MAINTENANCE 83.52 58092 STEVEN R SINELL FEBRUARY '90 EXPENSES-ASSESSING DEPT 259.12 58093 SKIL CORPORATION CORDS/SPRINGS-PARK MAINTENANCE 11.30 ' 58094 SMILE ADVERTISING COMPANY ADVERTISING-LIQUOR STORES 365.00 58095 SNAP ON TOOLS CORP WRENCHES-EQUIPMENT MAINTANANCE 334.30 58096 SNYDER DRUG STORES INC -VIDEO TAPE/FILM/LIGHT SET-PROGRAM 13.27 SUPERVISOR/SENIOR CENTER 58097 SNYDER DRUG STORES INC EXPENSES-POLICE DEPT • 9.95 58098 SOUTH HENNEPIN HUMAN SERVICES COU -4TH QUARTER '89 SERVICE-HUMAN SERVICES 2850.00 DEPT 58099 SOUTHDALE YMCA -4TH QUARTER '89-YMCA YOUTH OUTREACH 2625.00 PROGRAM 5B100 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-POLICE DEPT/COMMUNITY CTR 92.20 58101 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/HAPPENINGS- 3306.63 COMMUNITY CENTER 58102 STORAGE EQUIPMENT INC CASTERS FOR BOTTLE CARRIER-FIRE DEPT 121.00 58103 STOREFRONT YOUTH ACTION -4TH QUARTER '39 YOUTH COUNSELING SERVICES- 2500.00 HUMAN SERVICES DEPT 58104 STRGAR ROSCOE FAUSCH INC -JANUARY '90 SERVICE-DELL RD/SCENIC 4510.99 HEIGHTS STUDY 05 SULLI'JANS SERVICES INC WASTE DISPOSAL-OUTDOOR CENTER OPERATIONS 84.65 06 NATALIE SWAGGERT FEBRUARY '90 EXPENSES-HUMAN RESOURCES DEPT 200.00 5360433 5h1f MARCH 13.1990 58107 TARGET STORES -GAMES/TOYS/PAPER PRODUCTS/CANDY/OFFICE 238.70 -SUPPLIES-NEIGHBORHOOD OUTREACH PROGRAM/ POOL LESSONS/SPECIAL EVENTS ,,108 DEBORAH .i KEVIN IHOMPSON REFUND-BUILDING PERMIT 4993.50 58109 THREE M LINERS-FIRE DEPT 83.85 - 58110 TWIN CITY GARAGE DOOR CO DOOR REPAIR-LIQUOR STORE 305.00 58111 THE URBAN LAND INSTITUTE BOOK-PLANNING DEPT 32.50 58112 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 293.95 58113 VAUGHN DISPLAY FLAG REPAIR-FACILITIES DEPT 16.64 58114 VF INDUSTRIAL FINISHING -SANDBLAST & PAINT DUMP TRUCK BODY- 550.00 EQUIPMENT MAINTENANCE 58115 VICOM INC -MARCH '90 WIRE MAINTENANCE AGREEMENT- 12.25 -PUBLIC WORKS BLDG/FEBRUARY '90 WIRE MAINTENANCE AGREEMENT-COMMUNITY CENTER 58116 VIKING LABORATORIES INC CHEMICALS-COMMUNITY CENTER 990.00 58117 KEITH WALL FEBRUARY '90 EXPENSES-POLICE DEPT 218.00 58118 WEST WELD -WELDER & ACCESSORIES-$3948.30/WELDING 4256.18 WIRE GUN-$172.00-EQUIPMENT MAINTENANCE 58119 TRACEY ZACHMAN SCHOOL-FINANCE DEPT 113.69 58120 ZACK'S INC MARK REMOVERS-PARK MAINTENANCE 19.50 58121 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-COMMUNITY CENTER 147.60 58122 STATE OF THE REGION CONFERENCE-ADMINISTRATION 40.00 57641 VOID OUT CHECK 504.00- 57669 VOID OUT CHECK 175.44.. 57674 VOID OUT CHECK 500.00- 57682 VOID OUT CHECK 244.00- 57699 VOID OUT CHECK 2249.46- .57704 VOID OUT CHECK 349.37- • „ t 828909 $837607.75 l .5. DISTRIBUTION BY FUNDS 10 GENERAL 478151.91 11 CERTIFICATE OF INDEBT 45216.63 15 LIQUOR STORE-P V M 44909.60 17 LIQUOR STORE-PRESERVE 30416.21 20 CEMETERY OPERATIONS -250.00 30 CASH PARK FEES 1440.00 31 PARK ACOUIST & DEVELOP 440.00 45 UTILITY DEBT FD ARS 1320.00 51 IMPROVEMENT CONST FD 30914.34 57 ROAD IMPROVEMENT CONST FD 245.00 73 WATER FUND 37164.68 77 SEWER FUND 163717.60 81 TRUST & ESCROW FUND 1500.30 86 PARK PROG-CONTRIBUTIONS 179.55 87 CDBG FUND 50.00 88 MUNICIPAL LEGISLATIVE 2191.93 $837607.75 // Sandy Pointe CIMEtrOP/EalEkttBRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE #41-89 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 R1-13.5 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 R1-13.5 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 March 13, 1990, entered into between Sandy Pointe Development Corporation, a Minnesota corporation, and the City of Eden Prairie, and those certain Owner's Supplement to Developer's Agreement, between Walewood Corporation, a Minnesota corporation, and Monycor Savings Bank, a federal savings bank, and the City of Eden Prairie, dated as of March 13, 1990, which Agreement and Owner's Supplements are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. i Ordinance #41--89 Page 2 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of November, 1989, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 13th day of March, 1990. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of II r Exhibit A PRELIMINARY PLAT Lot 27,Block 2,EDEN HILLS FIRST ADDITION,according to the recorded plat thereof; That part of vacated Corral Lane as described in Doc. No. That part of the Southwest Quarter of the Northwest Quarter of Section 21, Township 116, Range 22 which lies easterly of the most easterly line of EDEN HILLS FIRST ADDITION and southerly of the easterly projection of the North line of said EDEN HILLS FIRST ADDITION,according to the recorded plat thereof; The West 300.00 feet of Government Lot 6, Section 21,Township 116, Range 22; All in Hennepin County, Minnesota. REZONING TO R1-22 The West 300.00 feet of Government Lot 6, Section 21, Township 116, Range 22; All in Hennepin County, Minnesota c 1 559 R p Sandy Pointe DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1990, by SANDY POINTE 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 R1-22 on 6.0 acres and Preliminary Plat of 11.2 acres into 12 single family lots, four outlots, and road right-of-way for construction of a single County,family residential 11.2 State of M nnesota, more all fully said described acres in situated A, attached 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 #41-89, Developer agrees to construction upon and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated October 12, 1989, reviewed and approved by the City Council on November 21, 1989, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Concurrent with and prior to release of the final plat for the property, Developer agrees to dedicate to the City, free and clear of any liens, mortgages, or encumbrances, the 16.5 ft. wide strip of land located at the south portion of the property, which is south of the northwest Mitchell Road southerly extension. Said strip of land shall be included as part of the final plat and shall be dedicated to the City as an outlot for the purpose of providing road right-of-way and access to County Road #1 in the future. 4. Developer acknowledges that Outlot A exists as a result of the alignment of Mitchell Road through the property. Developer further acknowledges that said outlot is not a buildable lot and it is intended that said outlot be added to other lands in the future to create a buildable lot. 5. Developer agrees that, prior to submittal of the final plat for the property, Developer shall take the necessary steps to relocate the easement for the Metropolitan Waste Control Commission (MWCC) pipe within Lots 4 - 10, Block 2, as depicted in Exhibit B, attached hereto. Developer further agrees to indicate the actual location of the MWCC easement on the final plat for the property. 6. Developer acknowledges that the purposes of Outlots B, C, and D, as depicted in Exhibit B, attached hereto, are to provide for lake access to Red Rock Lake and to provide for a neighborhood park access for the private use of the future owners of lots on the property. Prior to release by the City of any final plat for the property, Developer agrees to submit to the City, and to obtain the City's approval of documents creating a homeowners' association for the property, which shall be responsible for maintenance of said outlots on the property. Upon approval by the City of said homeowners' association documents, Developer agrees to file said documents on the property at Hennepin County and to provide proof of filing to the City prior to issuance of any building permit on the property. 7. Prior to release of any final plat for the property, Developer agrees to execute a special assessment agreement with the City, establishing that Developer agrees that the property will benefit from the street and utility construction for Mitchell Road to service the property. Further, said special assessment agreement shall provide that Developer agrees to pay for its fair share of the costs to construct said street and utility improvements. B. Developer acknowledges that the property is dependent upon the connection of Sandy Pointe Road to Mitchell Road for street and utility access to the property and that the intersection of such roads is not located on the property. Developer agrees, therefore, that it shall be Developer's responsibility to obtain the necessary right-of-way for the construction of Mitchell Road to connect to Sandy Pointe Road. Further, Developer agrees to be responsible for the costs associated with obtaining the necessary right-of-way and the costs associated with the construction of that portion of Mitchell Road which connects to Sandy Pointe Road off the property. 9. 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. Said plans shall include the construction of a cul- ? de-sac at the future terminus of Corral Lane, located southwest of 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. 5�1 Developer agrees that construction of streets and utilities on the property by Developer shall not interfere with the public improvement project for construction and extension of utilities through the property for the City's Mitchell Road improvement project. 10. In lieu of the obligations imposed by items #8 and 19 above, Developer may submit a 100% petition signed by all owners of the property, which requests the City to install all street and utility improvements for the property, including the cul-de-sac for Corral Lane as discussed, above. If Developer chooses to execute the 100% petition, Developer waives all rights they have by virtue of Minnesota State Statutes Section 429.081, or otherwise to challenge the amount, or validity of amounts, or the procedure used by City in levying the assessments therefor. Developer shall, in said assessment agreement, release City, its officers, agents, and employees from any and all liability related to, or arising out of, the levying of the assessments. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any property which is, or shall be, dedicated to the public, over a five-year period. Prior to the award of any contract by the City for the construction of any such improvements, Developer shall have entered into a contract for rough grading of the streetrs included in the improvements for the property to a finished subgrade elevation. Such rough grading work shall be completed by Developer in a timely manner so as to be coordinated with construction of the City's Mitchell Road public improvements project for street and utility work. Developer's obligation with respect to the rough grading work shall be secured by a bond, or letter of credit, which shall guarantee completion and payment for all labor and materials expended in connection with the rough grading. The amount of the bond, or letter of credit, shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. 11. 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. 12. Prior to issuance of any grading permit upon the property, Developer agrees to submit to the Director of Parks, Recreation and Natural Resources, and to obtain the Director's approval of plans for the following: A. A five-foot wide concrete sidewalk generally located along the west side of Sandy Pointe Road, connection to Outlot B, for purposes of providing access to Outlot B. S6"o. B. An eight-foot wide bituminous trail generally connecting the terminus of Corral Lane with Sandy Pointe Road. Upon approval by the Director of Parks, Recreation and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalk and trail concurrent with street and utility construction on the property and in accordance with the terms and conditions of Exhibit C, attached hereto. 13. Developer acknowledges that the property is dependent upon street access and utilities which will be provided to the property by City's public improvement project for Mitchell Road. Developer further acknowledges that City cannot make any specific commitment as to scheduled completion of said project. Developer, therefore, agrees to the following conditions with respect to building and occupancy permit issuance on the property by City: A. No building permits will be issued by City until authorized by the City Engineer. B. No occupancy permits will be issued by City until the Mitchell Road public improvement project to service the property has been substantially completed as determined by City in its sole discretion. Developer further agrees to waive its rights to claim any damages and to hold City harmless for any delay resulting from the timing of the Mitchell Road public improvement project to service the property. 14. Prior to release of any building permit for Lots 4 - 10, inclusive, Block 2, Developer agrees to submit to the Director of Planning and to obtain the Director's approval of building plans which provide for compliance with the City Shoreland Management Ordinance setback requirements for the property. Developer agrees to comply with the requirements of the R1-22 District, inclusive of said Shoreland Management Ordinance requirements, and shall not request variances for any lot abutting Red Rock Lake, as depicted in Exhibit 8, attached hereto. • 5G3 Sandy Pointe OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN SANDY POINTE DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1990, by and between WALESWOOD CORPORATION, a Minnesota corporation, 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 #41- 89, changing the zoning of the property owned by Owner from the Rural District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of , 1990, by and between Sandy Pointe Development Corporation, a Minnesota corporation, and City, Owner agrees with City as follows: 1. If Sandy Pointe 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 Rural. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property. 3. 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. 1 CITY OF EDEN PRAIRIE Gary D. Peterson, Mayor Carl J. Jullie, City Manager Sandy Pointe OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN SANDY POINTE DEVELOPMENT CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1990, by and between MONYCOR SAVINGS BANK, a federal savings bank, mortgagee, hereinafter referred to as "Monycor," and the CITY OF EDEN PRAIRIE, hereinafter referred to as "City": For, and in consideration of, and to induce City to adopt Ordinance #41- 89, changing the zoning of the property mortgaged by Monycor from the Rural District to the R1-13.5 District and R1-9.5 District, as more fully described in that certain Developer's Agreement entered into as of , 1990, • by and between Sandy Pointe Development Corporation, a Minnesota corporation, ( Lnd City, Monycor agrees with City as follows: • 1. If Sandy Pointe Development Corporation fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Monycor shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Monycor, its successors, and assigns of the property. 3. If Monycor transfers such mortgage for the property, Monycor shall obtain an agreement from the transferee requiring that such transferee agree to the terms of the Developer's Agreement. CITY OF EDEN PRAIRIE Gary D. Peterson, Mayor { Carl J. Jullie, City Manager • 66S • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-70 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE #41-89 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance #41-89 was adopted and ordered published at a regular 1 meeting of the City Council of the City of Eden Prairie on the 13th day of March, 1990; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: • A. That the text of the summary of Ordinance #41-89, 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 #41-89 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 March 13, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 5,66 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 41-89 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 Corral Lane, north of Pioneer Trail, southwest of Red Rock Lake, from the Rural District to the R1-13.5 District, 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: /s/ John D. Frane / /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1990.. (A full copy of the text of this Ordinance is available from City Clerk.) l J Ac� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESDTA RESOLUTION NO. 90-60 A RESOLUTION APPROVING FINAL PLAT OF SANDY POINTE WHEREAS, the plat of SANDY POINTE has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EOEN PRAIRIE: A. Plat approval request for SANOY POINTE is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 8, 1990. 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. AOOPTED by the City Council on MARCH 13, 1990. Gary D. Peterson, Mayor ATTEST: SEAL John 0. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer ��tt FROM: Jeffrey Johnson, Engineering Technician ' DATE: March 8, 1990 SUBJECT: SANDY POINTE (Resolution No. 90-60) PROPDSAL: Sandy Pointe Development Corporation has requested City Council approval of the final plat of Sandy Pointe. Located north of Corral Lane at the southwest corner of Red Rock Lake, the plat contains 11.2 acres to be divided into 12 single family lots, 6 outiots and right-of-way dedication for street purposes. Ownership of Outlots A, B, C and D will be retained by the developer while ownership of Outlots E and F will be transferred to the City for the future extension of Mitchell Road to County Road 1. HISTORY: The preliminary plat was approved by the City Council November 21, 1989 per Resolution No. 89-207. Second Reading of Ordinance No. 41-89, changing zoning from Rural to R1-22, is scheduled for final approval by the City Council March I3, 1990. The Developer's Agreement referred to within this report is scheduled for execution March 13, 1990. VARIANCES: Ail variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities, streets and walkways will be installed throughout the plat in conformance with City Standards. Items 8, 9 and 10 in the Developer's Agreement outline options available to the developer for installation of municipal utilities. PARK DEDICATION: Outlots B, C and D are intended to provide for lake access to Red Rock Lake and for a neighborhood park access for private use. Prior to release of the final plat, the developer shall provide the City with documents creating a homeowners association for the property that will be responsible for maintenance of said outiots. Requirements for park dedication are covered in the Developer's Agreement. g1,00 �T PAGE 2 OF 2 SANDY POINTE MARCH 8, 1990 BONDING: Bonding requirements shall conform to City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Sandy Pointe subject to the requirements of this report, the Developer's Agreement and the following: • 1. Receipt of street sign fee in the amount of $654.00 2. Receipt of street lighting fee in the amount of $2,538.00 3. Receipt of engineering fee in the amount of $4B0.00 4. Receipt of warranty deed for Outlots E and F 5. Receipt of homeowners association documents outlining maintenance responsibilities for Outlots B, C and D. JJ:ssa cc: Jim Zachman, Sandy Pointe Development Corporation Ron Krueger & Associates After some discussion, Councilmember f introduced the following resolution and moved its adoption: RESOLUTION NO, 90-65 RESOLUTION RELATING TO DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICTS NOS. 2, 3, 4, 5, 6 AND 7; CALLING A PUBLIC HEARING ON THE ADOPTION OF AMENDMENTS TO THE DEVELOPMENT PROGRAM AND TAX INCREMENT FINANCING PLANS THEREFOR BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the "City"), as follows: Section 1. Recita1q. 1.01. On September 22, 1981, this Council designated under Minnesota Statutes, Sections 469.124 to 469.134, as amended, certain land within the City as Development District No. 1 (the "Development District") and adopted a Development Program therefor. The Development Program was subsequently amended by this Council on March 30, 1982 and May 17, 1983 (as so amended, the "Original Program") . Pursuant to the Minnesota Tax Increment Financing Act, Minnesota Statutes, Sections 469.174 to 469.179, as amended (the "Act"), this Council has established Tax Increment Financing Districts NOs. 2, 3, 4, 5, 6 and 7 (collectively, the "Districts") within the Development District and has adopted and in some cases amended Tax Increment Financing Plans therefor (as originally adopted or, if amended, as so amended, the "Original Plans") on the dates indicated below: Cate of Adoption Date of District No. or Amondme!nt District No. Ado ion 2 3/20/82; amended 5 5/17/83 5/17/83 3 11/16/82; amended 6 8/16/83 5/17/83 4 3/15/83; amended 7 4/17/84 5/17/83 1.02. It hag been proposed that the City further amend the Development Program in order to undertake additional development activities comprising certain road, utility and park improvements and to amend the Original Plans to provide a means of financing the capital and administrative costs to be incurred by the City in undertaking such additional development activities. A draft of the proposed amendment of the Development Program and of the proposed amendment of the Original Plans (collectively, the d "1990 Amendment") has been prepared by the staff of the City and 6 // L o d S-Lill-1i3ht.L I HM 41.3SMOQ'« I^Id B 4 : Z L 06 '13 0 'C 0 is hereby ordered placed on file in the office of the Finance Director/Clerk. Section 2. Notice aprt Ptihl i r Aprri ar, 2.01. Pursuant to Minnesota Statutes, Sections 469.126 and 469.175, the adoption of the 1990 Amendment may be considered by this Council after it conducts a public hearing thereon and after certain information is provided to the planning agency of the City and the governing bodies of Hennepin County, Independent School District No. 272 and Independent School District No. 287. 2.02. In order to consider adoption of the 1990 Amendment, a public hearing thereon to be conducted by this Council is hereby called and shall be held on April 17, 1990, at 7:30 p.m. in the Council Chamber at the City Hall The Finance Director/Clerk is hereby authorized and directed to cause notice of the public hearing to be duly published as required by law in the Pion Prniriq NPw%, the official newspaper of the City, once, not more than 30 and not less than 10 days before the date of the hearing, in substantially the following form: etOd S^Id101-R3HLIHM .&$Shea+. s' a nt 08 '90 'CO NOTICE OF PUBLIC HEARING ON ADDITIONAL DEVELOPMENT ACTIVITIES TO BE UNDERTAKEN IN DEVELOPMENT DISTRICT NO. 1 TO BE FINANCED BY TAX INCREMENT FINANCING CITY OF EDEN PRAIRIE, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Eden Prairie, Minnesota (the "City"), will hold a public hearing on April 17, 1990, at 7:30 p.m., at the , located at in Eden Prairie, Minnesota, on the adoption of an amendment of the Development Program for Development District No. 1 (the "Development District") and the Tax Increment Financing Plans for Tax Increment Districts Nos. 2, 3, 4, 5, 6 and 7 (the "Districts") established within the Development District, pursuant to Minnesota Statutes, Sections 469.124 to 469.134 and Sections 469.174 to 469.179, as amended. A copy of the proposed amendments is on file and available for public inspection in the office of the Finance Director/Clerk at City Hall between the hours of a.m. and _ p.m. weekdays. The proposed amendment of the Development Program would authorize additional development activities to be undertaken by the City in the Development District. Such development activities are intended to alleviate traffic congestion, eliminate unsafe ( highway conditions and to promote the development of the Development District by private enterprise. Such development activities are currently estimated to cost approximately 611,846,000 and would include, without limitation, construction of the following improvements: 1. Traffic Signals: a. Prairie Center Drive at Franlo Road b. Prairie Center Drive at Columbine Road c. Prairie Center Drive at Singletree Lane d. Prairie Center Drive at West nth/Technology Drive e. Prairie Center Drive at Plaza Drive f. Valley View Road at Plaza Drive g. Mitchell Road at Technology Drive h. Flying Cloud Drive at Fountain Place i. Valley View Road at I-494 ramp terminals j. Prairie Center Drive at I-494 ramp terminals 2. Medcom Boulevard (Joiner Way to Franlo Road): grading, surfacing, concrete curb and gutter, storm sewer and right-of-way. E0a S1dW-.7i3N.1.IHH1Y1 .R.3S21oa». ygd 8 : ZI 08 '80 'CO 3. West 78th Street (Prairie Center Drive to CSAH 18) : grading, surfacing, concrete curb and gutter and storm sewer. 4. Technology Drive (Prairie Center Drive to TH 169) : grading, surfacing, concrete curb and gutter and storm sewer. 5. Valley View Road (Flying Cloud Drive to-Nine Mile Creek) : grading, surfacing, concrete curb and gutter, storm sewer and watermain. 6. Columbine Road (Prairie Center Drive to Primrose Lane) : grading, surfacing, concrete curb and gutter, storm sewer and right-of-way. 7. Singletree Lane (Eden Road to TH 169) : grading, surfacing, concrete curb and gutter, storm sewer and right-of-way. 8. Leona Road (Flying Could Drive to West 78th Street): grading, surfacing, concrete curb and gutter, storm sewer and right-of-way. 9. TH 212 (I-494 to Mitchell Road - Cooperative Agreement with MNDOT) : storm sewer, utilities and trails. 10. Water Systems Improvements: a. Elevated storage (2MG) b. Distribution (20" watermain west of Prairie Center Drive) 11. Street Lighting: a. Prairie Center Dirve e. Valley View Road b. Technology Drive f. West 78th Street c. Singletree Lane g. Columbine Road d. Eden Road h. Plaza Drive 12. Purgatory Creek Park Improvements: dredging, grading, plaza and parking area surfacing, fountains and trails. It is proposed that the development activities described above be financed by revenues on hand and to be derived from tax increments generated from the Districts. The map below shows the location of the Development District within the City. 7J 4, 3.101.3 IT :-9 30 tIMOAAY. MAP OF 0 EVF.I,IP MIT D Is 7.ncr: NO. 1 .. .1 . . . . . . . .....-. -s.....- ' ."."7".--..- L.. : i I ' ..."'14....... 0•••••••• I_ .. ,..--.-. "--- • ,,, 1 -- 1 1 , • s -1 ' 1___„\7-' 'r'1 _ k.: \ ( i -I • 1 .. ' , .A-7--" I • . I ', t\'/7/ •. ,,..._. .'7 --I: I 1,,___, I 1 , il--—_,,1, ,„,....) - I•-•- ----'• i•--,• •l I I t ' ." - ,f---)._ 1 -4-..-7.-----:2-- t e_ it.07-7•1--'. s' -‘ 4..! '‘—`• ' '' ...._.),,, - t ,,,...4„, ,---_7f .....,,/ •. -: ..,.... ' I - : ' . A ' ..... i .1.1„,•;,,0 .. . 1-..• - 4 : rl i ( ,...../..,7,;., ... P _ , ,--.7 .t„/" -,,...„,,,,,-. 'A ,'. . ,.,t ,• '7 . / ,.,......,-, N\-.. .,,,..-,.... ,, , • :, 11-- , , :,--_--„,--,--,---,---,, , \,\;...- \ ,.,..J. .... \ \ -_-.-_-_-_ \\ ••••••, 61 \ \ •••• '7.r... ... \ .,_.•• C' • dt... ... %I . .••• . .. —... I I I'.— \ \ • ''t7 et,......w .--- (;), 2, I .r,....0,_7—__ ! I 2 ::::;,,•Z-'7:: -.3 1--.---.-- \ 1 1 I . r / 7- ..7..' ..... ___ ...i-7--.. ..- .`,.---,:-:..- I ...... 1--.1 '----.•--.1 :—. VG-7=---- 1' ' k"' '"'•1 , :'4.:)*: 1.-- IIIIW 1 . - --7:....- r / t..‹.:L. .--, t. .- -- .. _.._..... .--- r.---- \.., •• " .\ ---, i !\--`: , - • I..• I-3-1 The proposed amendment of the tax increment financing plans for the Districts would authorize the expenditure of tax increments from the Districts to pay the costs of the development activities. All interested persons may appear at the public hearing at the time and place set forth above and present their views orally or in writing. BY ORDER OF THE CITY COUNCIL John D. Frans Finance Director/Clerk t l T td ffi'TiI —. 3N.LIHM A331M004, Y4d 9t, : 2T 06 'BO 'CO 2.03. As required by Minnesota Statutes, Section 469.126, the Finance Director/Clerk is hereby authorized and directed to forward a copy of the 1990 Amendment to the planning agency for its review to determine whether the 1990 Amendment conforms to the general plan for development of the City with a request that any comments it may have be addressed to this Council in written form on or before the date of the public hearing referred to in Section 2.02. 2.04. As required by Minnesota Statutes, Section 469.175, Subdivision 2, the Finance Director/Clerk is hereby authorized and directed toforward a copy of the 1990 Amendment to the members of the Board of County Commissioners of Hennepin County, the Board of Education of independent School District No. 272 and the Board of Education of Independent District No. 267 at least 30 days before the date of the public hearing referred to in Section 2.02. Mayor Attest: Finance Director/Clerk Z i a $'IdWN-.& N.LI HAIL .A.3$YOas, i'Ya 9 : 2 i cm 'mc 'BO The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution declared duly passed and adopted and was signed by the Mayor, whose signature was attested by the Finance Director/Clerk. rt £ id S^i1NI—A3t.N.LIHM AZSMOQ+ NZd 8'6 : 2t OS 'SO 'CO 1990 AMENDMENT OF DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 and 1990 AMENDMENT OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICT NOS. 2, 3, 4, 5, 6 end 7 APRIL 17, 1990 CITY OF EDEN PRAIRIE, MINNESOTA • I. INTRODUCTION A. Recitals. The City Council of the City of Eden Prairie, Minnesota (the "City") has determined there is a need for the development of an area of the City designated as Development District No. 1 (the "Development District"), and has adopted a development program therefor, dated September 22, 1981 and subsequently amended on March 30, 1982 and May 17, 1983 (as so amended, the "Original Development Program"), for development of the Development District. It is now necessary to amend the Original Development Program to provide for further actions to be taken in furtherance of development in the Development District. The actions to be taken by the City pursuant to this 1990 Amendment to Development Program (the "Program Amendment") are necessary to secure the development of the property included in the Development District at this time and in a manner which will best meet those needs. In order to finance the capital and administration costs to be incurred by the City in connection with the Development District, the City adopted, and in certain cases modified, on the dates indicated below tax increment financing plans (the "Original Plans") for the following Tax Increment Districts (collectively, the "Districts"); Tax Increment Date of Adoption Tax Increment Date of Adoption District No. or Modification District No. Dr Modification 2 3/20/82; modified 5 5/17/83 5/17/83 3 11/16/82; modified 6 8/16/83 5/17/83 4 3/15/83; modified 7 4/17/84 5/17/63 It is now necessary to emend the Original Plans by the following Program Amendment to provide a means of financing the capital and administrative costa to be incurred by the City in undertaking the development activities authorized by the Program Amendment. The amendment of the Original Plans will authorize additional expenditures to be financed with tax increment revenues and the acquisition of additional property only; it will not authorize the incurrence of additional bonded indebtedness or change the boundaries or the legal duration of any of the Districts. A The Program Amendment and the Plan Amendment are adopted by the City Council of the City pursuant to the Development District Act, now codified at Minnesota Statutes, Sections 469.124 to 469.134, as amended, and the Tax Increment Financing Act, now codified at Minnesota Statutes, Sections 469.174 to 469.179, as amended. B. Definition'. Each of the terms defined in this Section B or Subsection 1.1 of the Original Program shall for all purposes of the Program Amendment and the Plan Amendment have the meanings given to them therein, except as provided P. otherwise below: "Bond Resolution" means any and all resolutions, ordinances, trust indentures or other documents under which any Tax Increment Bonds are sold, issued or secured. "Capital and Administrative Costs" means the total amount expended and to be expended by the City on Development Activities as provided in this Program. "Captured Tax Capacity" means, with respect to a District, that portion of the Tax Capacity in excess of the Original Tax Capacity as adjusted from time to time, if any. "Development Activities" means all actions taken or to be taken by the City in establishing, implementing and carrying out the Program. "Development District" means Development District No. 1 of the City. "Districts" means, collectively, Tax Increment Districts Nos. 2, 3, 4, 5, 6 and 7 of the City. "1990 Project" means the Development Activities authorized by this Program Amendment, as described in Section C of Part II hereof. "Original Plans" means, collectively, the Tax Increment Financing Plans for the Districts as adopted and as supplemented and amended by the City Council of the City as described in Section A hereof. "Original Program" means the Development Program for Development District No. 1 adopted by the City Council of the City on September 22, 1981, as subsequently amended on March 30, 1982 and May 17, 1983. S -2- J6 { "Original Tax Capacity" means, with respect to a District, the assessed value of all taxable property in a District as most recently determined by the Commissioner of Revenue of the State of Minnesota as of the date of certification thereof by the Hennepin County Auditor pursuant to Minnesota Statutes, Section 469.177 or as thereafter adjusted and certified by the Hennepin County Auditor pursuant to Minnesota Statutes, Section 469.177. "Outstanding" when used with respect to the Tax Increment Bonds, means Tax Increment Bonds which have not been paid, redeemed or discharged in accordance with their terms or the terms of a Bond Resolution. "Parcel" means a lot, parcel or tract of plat of land comprising a single unit for purposes of assessment for real estate tax purposes, as of the date of adoption of the respective Original Plan. "Plan Amendment" means the 1990 Amendment to the Plans contained in Part III hereof. 'Plans" means, for the Districts, the Original Plans as amended and supplemented by the Plan Amendment end as further amended or supplemented by the City Council pursuant to the Tax Increment Financing Act. 'Program" means the Original Program as amended and supplemented by the Program Amendment and as further supplemented and amended from time to time by the City Council of the City. "Program Amendment" means the 1990 Amendment to the Development Program contained in Part II hereof. "Tax Capacity" means, with respect to a District, the assessed value, gross or net tax capacity, as applicable, of all taxable property in a District as determined from time to time pursuant to state law. "Tax Increment" means, with respect to a District, that portion of the ad valorem taxes levied on all taxable real property in a District from time to time which is allocable to the Captured Tax Capacity of such property. -3_ • K(� II. 1990 AMENDMENT TO DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 A. Statement of Obiectivet. The objectives sought to be accomplished by the City in establishing and carrying out the Development Activities and in financing the Capital and Administrative Costs, as specified herein, are set forth in Subsection 1.4 of the Original Program. B. property To Se Added Tp Development District. No property is to be added to the Development District as part of the Program Amendment. C. Del/plangent Activities. The Development Activities are contained in Section 1.5 of the Original Program and are amended to include the 1990 Project, described on Exhibit A attached hereto and made a part hereof. D. Land Use Considerations.. The public facilities described in Section C are financially feasible and compatible with long-range development plans. Acquisition of rights-of-way and easements for the improvements described in Illf Section C will provide impetus for private development within the Development District. E. Environmental Controls.. It is presently anticipated that the Development Activities proposed in the Development District as set forth in this Program Amendment will not present major environmental problems. All municipal actions, public improvements and private development will be carried out in a manner that will comply with applicable environmental standards. F. proposed Re-use of Property. It is proposed that the property identified for acquisition in Section 0 hereof will be used as rights-of-way or easements for the public improvements described in Section C. G. List of Additional Parcels To Be Acquired in Whole_ or ig tart within the Development District. protect Number PID's Involved 2 14-116-22-34-0003 14-116-22-34-0005 14-116-22-34-0013 3 12-116-22-24-0002 6 14-116-22-32-0004 14-116-22-32-0274 -4- .l project Number PID•s Involved 7 14-116-22-13-0023 14-116-22-13-0037 14-116-22-13-0O32 g 14-116-22-11-0002 14-116-22-11-0003 14-116-22-11-0004 14-116-22-11-0005 14-116-22-11-0006 14-116-22-11-0007. 14-116-22-11-O002 14-116-22-11-0009 14-116-22-11-0010 14-116-22-11-0011 14-116-22-11-0012 14-116-22-11-0013 14-116-22-12-0010 14-116-22-14-0021 11 15-116-22-21-0004 15-116-22-12-0001 15-116-22-11-0005 15-116-22-14-0003 15-116-22-14-0004 14-116-22-23-0007 14-116-22-23-0008 14-116-22-23-0011 All properties identified above which are to be acquired within the Development District No. 1 are further identified by location on the map attached as Exhibit H. H. estimated Cost of 1990 Protect. Estimated costs associated with the 1990 Project are provided below. The budget has been provided by City staff. -5- T!f I ESTIMATED PROJECT COSTS Acquisition, Relocation and !' Demolition/Site Clearance $ 1,142,000 Public Improvements $ 8,761,000 Subtotal $ 9,353,000 Professional Services Planning design, engineering, appraisals, etc.) $ 1,192,000 Contingency 817,000 Administration (5%) 564.000 Total $12,476.000 The elements and the costs of the 1990 Project shown above are estimated to be necessary based upon the best engineering and cost information now available. It is anticipated that the elements and the costs of the 1990 Project shown above may decrease or increase, but that the total costs will not exceed the amount shown above. I. Effect of Program endment. Except as amended and supplemented by this Program Amendment, the Original Program remains in full force and effect and its provisions apply to the provisions of this Program Amendment, except to the extent amended or supplemented hereby. -6- SJ ( III. PLAN AMENDMENTS A. Statement of Objectives. For each of the Districts, see Section 1.4 of the Original Program. B. Development Proar D. See the Program, comprising Sections 1.2 through 1.12 of the Original Program and the Program Amendment. C. parcels To Be Included in the,pistricts. No parcels are proposed to be added to or deleted from any of the Districts. D. parcels To Be Acquired. Section G of the Program Amendment identifies the parcels to be acquired by the City in connection with the 1990 Project. None of the parcels are located in any of the Districts. E. Event Development Activity. Since the Development Activities described in Subsection 8.5 of the Original Plan for District No. 7, the City has not entered into contracts for Development Activities. F. private Development. Since the moat recent dates of adoption or modification, respectively, of the Original . Plans for each of the Districts, the City has approved, or is in the process of considering approval of, the following t private development projects therein: District No. Number. Kind value Market_ 1 24 Commercial $58,415,300 2 Industrial 13,043,000 246 Dwelling Units 5,878,000 2 1 Commercial 3,019,200 3 196 Dwelling Units 7,762,000 4 1 Commercial 075,500 5 2 Commercial 6,417,300 6 1 Commercial 5,185,000 7 16 Commercial 25,050,800 ( _7_ -] G. Estimated Capital and Administrative Costs of the ( 1990 Proiect. 1. Estimated Cost. The estimated Capital and Administrative Costs of the 1990 Project are set forth in Section H of the Program Amendment. 2. Capital Proceeds. The capital proceeds of the Project, comprising the proceeds of sale of property, are expected to be $0. 3. Capital and Administrative Costs. The Capital and Administrative Costs of the 1990 Project, comprising the total costs expected to be incurred in carrying out the 1990 Project by the City less the Capital Proceeds thereof, is expected to be $12,476,000. H. Payment of Capital and Administrative Costs. 1. In General. All Capital and Administrative Costs of the 1990 Project will be paid from Tax Increment derived from the Districts. The City reserves the right to levy special assessments to finance in whole or in part the costs of the 1990 Project. 2. Bonded Indebtedness To Be Incurred. No indebtedness evidenced by Tax Increment Bonds will be incurred in connection with the 1990 Project. The City reserves the right to issue Special Assessment Bonds to pay, if necessary, costs of the 1990 Project. I. Determination and Use of Tax Increment. 1. Characteristics of Districts. Each of the Districts is an "economic development district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 12. 2. Captured Tax Capacity. It is estimated that the Captured Tax Capacity of all taxable property in each of the Districts, upon completion of the Development Activities in accordance with the Plans, will be approximately as follows: Original Tax Current Tax Captured Tax District No. Capacity Capacity Capacity 2 $19,380 $164,927 $145,547 3 8,406 279,432 271,026 4 224 45,641 45,417 5 42,059 336,248 294,189 6 4,180 172,040 167,860 7 300,230 1,173,254 873,024 -8- 3. Tax Increment Collection*. It is estimated that the Tax Increment to be received each year for the duration of the Districts is as follows: District No. 1990 1331 � � 2 $147,000 $ -- $ -- $ -- 3 273,700 273,700 273.700 -- 4 45,900 45,900 45,900 -- 5 297,100 297,100 297,100 -- 6 169,500 169,500 169,500 -- 7 881,700 881,700 881,700 881,700 4. Apportionment of Costa. Tax Increment from each of the Districts will be used to pay costs of the 1990 Project. Unexpended tax increment revenues on deposit in the debt service and other funds relating to the City's Tax Increment Bonds, in the approximate aggregate amount of $3,300,000, will be applied to such costs. In addition, it is now estimated that Tax Increment will be applied to such costs in the following amounts from the following Districts: District No. portion of Estimated Costa 2 $ 147,000 3 821,100 4 137,700 { 5 891,300 6 508,500 7 3,526,800 Such apportionment is merely an estimate, is subject to change and is not intended to limit the ability of the City to apply Tax Increment from a particular District for authorized expenditures as it deems in the best interests of the City. In no event will the payment of costs of the 1990 Project be used to extend the legal duration of a District as set forth in Minnesota Statutes, Section 469.176, Subdivision 1(e). 5. Use of captured Tax Capacity and Tax Increment. Pursuant to Minnesota Statutes, Section 469.177, Subdivision 2, the City hereby determines that it will use 100% of the Captured Tax Capacity of property located in the Districts, and 100% of the Tax Increment to be derived therefrom, for the entire duration of the Districts as necessary to pay Capital and Administrative Costs. -9_ 1 J. jmpact of Taz Increment Financing on Other Taxing Jurisdictions. The taxing jurisdictions encompassing the Districts will continue to receive taxes as if the Original Tax Capacity of the Districts were unchanged. While this precludes the jurisdictions from receiving tax increases due to the Development Activities, inflation or other development of the taxable property in the Districts, as the following table indicates, the Captured Tax Capacity of the Districts comprises a very small portion of the Tax Capacity of these jurisdictions. Total Captured Percent of Taxing Tax Tax Total Tax Jurisdiction Vapacity(1) Capacitv(1) Capacity Hennepin County $1,039,443,380 $1,078,200 0.10% I.S.D. No. 272 56,206,739 1,078,200 1.92% City of Eden Prairie 55,681,400 1,078,200 1.94% Joint I.S.D. No. 287 910,039,949 1,078,200 0.12% (AVTI) (1) Adjusted for Fiscal Disparities. If the Plan Amendment were not adopted, the levies for the City, School District No. 272, Joint School District No. 287 and the County would be reduced in 1990 by the apportionment of tax increment revenues from the funds established for the City'S Tax Increment Bonds. In addition, in 1990 through 1993, the levy for those taxing jurisdictions would constitute a smaller percentage of their tax capacity because tax capacity would be increased by the adjusted captured tax capacity. The estimated impact of adopting the Plan Amendment, assuming that the taxing jurisdictions' levies in dollars remain constant in 1990 through 1993, expressed as an increase in the percentage which the levy is of tax capacity, is as follows: Taxing Jurisdiction 1991 1992 1993 City 1.596% 0.421% 0.202% District #272 3.208 0.465 0.224 District #287 0.005 0.001 0.001 County 0.123 0.031 0.017 Total 4.932% 0.922% 0.443% If the Captured Tax Capacity would not have occurred but for the Development Activities of the City, the impact on other taxing jurisdictions would be insignificant. -10- rein a The effect of the Plan Amendment is to delay the termination of the Districts until Tax Increment from the Districts, apportioned as now estimated in Section 1(4) hereof, has paid the Capital and Administrative Costa of the 1990 Project. K. Zffect of Plan Ai n&n.;nt. Except as amended and supplemented by this Plan Amendment, each of the Original Plans remains in full force and effect and ite provisions apply to the respective provisions of this Plan Amendment, except to the extent amended or supplemented hereby. Thi■ Program Amendment and this Pion Amendment were adopted by the City Council of the City of Eden Prairie, Minnesota on the day of April, 1990. Mayor Attest: City Clerk • 1. -11- EXHIBIT A 1990 PROJECTS 1. Traffic Signals: a. Prairie Center Drive at Franlo Road b. Prairie Center Drive at Columbine Road c. Prairie Center Drive at Singletree Lane d. Prairie Center Drive at West 78th/Technology Drive e. Prairie Center Drive at Plaza Drive f. Valley View Road at Plaza Drive g. Mitchell Road at Technology Drive h. Flying Cloud Drive at Fountain Place i. Valley View Road at I-494 ramp terminals j. Prairie Center Drive at I-494 ramp terminals 2. Medcom Boulevard (Joiner Way to Franlo Road): grading, surfacing, concrete curb and gutter, storm sewer and right-of-way. 3. West 78th Street (Prairie Center Drive to CSAH 18): grading, surfacing, concrete curb and gutter and storm sewer. 4. Technology Drive (Prairie Center Drive to TH 169): grading, surfacing, concrete Curb and gutter and storm sewer. 5. Valley View Road (Flying Cloud Drive to Nine Mile Creek): grading, surfacing, concrete curb and gutter, storm sewer and watermain. 6. Columbine Road (Prairie Center Drive to Primrose Lane): grading, surfacing, concrete curb and gutter, storm sewer and right-of way. 7. Singletree Lane (Eden Road to TH 169): grading, surfacing, concrete curb and gutter, storm sewer and right-of-way. 8. Leona Road (Flying Cloud Drive to West 78th Street): grading, surfacing, concrete curb and gutter, storm sewer and right-of-way. 9. TH 212 (I-494 to Mitchell Road) - Cooperative Agreement with MnDOT): storm sewer, utilities and trails. 10. Water Systems Improvements: a. Elevated storage (2MG) b. Distribution (20" watermain west of Prairie Center Drive) A-1 Vim} 11. Street Lighting: a. Prairie Center Drive e. Valley View Road b. Technology Drive f. West 78th Street c. Singletree Lane g. Columbine Road d. Eden Road h. Plaza Drive 12. Purgatory Creek Park Improvements: dredging, grading, plaza and parking area surfacing, fountains and trials. 13. Intersection Capacity improvements from 1985 "Prairie Center Drive/ County Road 18 Traffic Study" a. Bryant Lake Drive at Valley View Road b. Prairie Center Drive at Valley View Road (East TH 169) c. Prairie Center Drive between Viking Drive and 78th Street d. TH. 169 additional through lane at Prairie Center Drive e. Valley View Road at Washington Avenue l gfg A-2 i _... . �, ,.1 '•,.;,., - \J• '' ',C.-- i. :''''--: .: ' I H f �..� . • G--- .. i , fj ,f"\,.,. ' ' ' .\ . . 1 1 /. ..,', I. r 4 • ____ _ , I ,,,,,_. , ,,,,,,.. .1.-r r...-"''' .VM ( �,. 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V 1KNC,, SF 1 OS V/C 1\ \\\ \\ CA I F 1.12 1 1,, II E 0.95 `1, III D 0.88 IV D 0.89 11 11, V B 0.68* .: lI ' '` *LOS D, V/C = 0.82 IN AM PEAK HOUR 1 \ 0 III I III I Ii Wi II of I CC I � w wz 1 I • U II I it II I II SSE L V/C I I I NEW CONSTRUCTION F I 1.01 I II B 0.68 FOR GEOMETRIC III A 0.57 I I I N IMPROVEMENTS IV C 0.70 V A 0.44 j j It I OFF RAti1p FIGURE T PRAIRIE CENTER DRIVE/ I III COUNTY ROAD 18 AREA /-494 I TRANSPORTATION PLAN II iI !I l(l I 1-494 IIi ii II Ili II l�`l tltlt i • 1 E.B. RAMP II II7 11 it CASE LOS V/C I - I F 1.32 II E 0.97 j I I I II IV I C 0.76 0 1 I I D 0.83 V A 0.58 Lill 1 LU z II w I I I I CI- I i1 I I [ NEW CONSTRUCTION III I I FOR GEOMETRIC I IMPROVEMENTS I CASE LOS V/C I F 1.43 III I I I I Igg II. d II D 0.88 . i IN D 0.87 E 0.94 iI�I�Ik tltit> /j// i V C 0.72 i j/ lam/ FIGURE 8 SS• g'(N / /� PRAIRIE CENTER DRIVE/ 1I i i-- COUNTY ROAD 18 AREA r. TRANSPORTATION PLAN i i s l'ili 1ItItIt 411 C II II lII 'M► Min II _M F.uni.3r.Arresoia • I I :--attar 1 I 3 9 � 0 • ;., /3 al. -1 I ( ' I II II I I 1 .. .1 I I IC. I I, ' I I I' al 1 iI I - -. ;.. , , 1 I ;.,1 I I i r 1 , 1.. .. .':1 I 1i1 I r I 1 r: ii, ow". Sly PRAIRIE CENTER DRIVE ,ISo1/4.. __ • ————————— ----=; .........-----.. --—. — --.Z. "#.7-- — — — —--=---- -- ... ———— — ——— — —————— —— — ——— -- - ---.-----. — — — CSpleli '1 tItiqe , '-'I I I I CASE LOS V/C .i I..' I F 1.06 ''.I 11 D 0.89 A 1 ri, . DI D 0.89 1 I : V C 0.73 .i1 . it t: . A II_ 1 II i=I NEW CONSTRUCTION ,..I I I FOR GEOMETRIC I I I IMPROVEMENTS I I FIGURE 9 • [ 1 I I PRAIRIE CENTER DRIVE I I I COUNTY ROAD 18 AREA I TRANSPORTATION PLAN 1 I I II 1 I I I ( I I I A it. 215 M. 111(M . . 111111' / 3e. M I I wASHwGTON Ave. Q11I1111tit' I I i I II CASE LOS V/C H III F I.19 C.S3 In D C 0.73 � i�� � N 0.73 I V A 0.56 � { II W.B. RAMP ��4`1ll }Ifs — .._... — y tit' Q CASE LOS V/C lI1 0 I F 1.49 I II E 0.97 I I I�w .. " -. III A 0.52 > N A 0.5Z I 1 f} V A 0.34 I I J J II > IIl I I CO.ROAD 18 I II II I (Q NEW CONSTRUCTION FOR GEOMETRIC IMPROVEMENT I I . FIGURE 12 III 111 PRAIRIE CENTER DRIVE/ COUNTY ROAD 18 AREA E.8. RAMP TRANSPORTATION PLAN 1 _ 1Itdt ID CT' 1 I Msw =:en N]/.lUrp50W CITY OF EDEN PRAIRIE • 47 HENNEPIN COUNTY, MINNESOTA RESOLUTION #90-53 RESOLUTION APPROVING THE PRELIMINARY PLAT OF DEAN SWANSON ADDITION FOR DEAN E. SWANSON BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of the Dean Swanson Addition for Dean E. Swanson, dated February 21, 1990, consisting of .97 acres into two single family lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 13th day of March, 1990. Gary D. Peterson, Mayor • ATTEST: John D. Frane, City Clerk 5°c • 7: STAFF REPORT 'O: The Planning Commission FROM: Scott A. Kipp, Assistant Planner THRU: Chris Enger, Director of Planning DATE: February 23, 1990 SUBJECT: Dean Swanson Addition LOCATION: 15130 Ridge Road APPLICANT/ FEE OWNER: Dean Swanson REQUEST: Preliminary Plat of 0.97 acres into two lots with 1 variances for lot size and average setback to be reviewed by the Board of Appeals. 1 BACKGROUND . The Comprehensive Guide Plan "'t0 depicts this property and .) r surrounding area for Low `' I t Density Residential. The , -- ! a o°= ! property was zoned R1-22 in ` ,L I I /;/ 1969 per Ordinance #135. All • 4.s..-L i L_. // surrounding properties are zone ! f ( 11 R1-22 and utilize on-site wells { .7. \\ and septic systems. Ridge Road ";1 and Starring Lane West are unimproved roadways at this . ( {� time. 1 PRELIMINARY PLAT The request is to preliminary ? i�l plat 0.97 acres into two single ".y �:. l_ .' f family lots of 22,000 square ( .._ ' feet and 20,400 square feet. �" �1' City Code requires a minimum of ��� vR 2 • 22,000 square feet for lots 1 1-47:A.rcr',yr' \ II � _ _ % ;q within the R1-22 Zoning -`2. �,Y� .fr District. Lot 1 will require I "'-4 PROPOSED SITE , a variance through the Board of 'A. a . ii Appeals. • t� AREA LOCATION MAP-- - Jo, < < The average lot size within the loop road portion of this area is approximately 32,500 square feet with a minimum lot of 22,050 square feet. Other surrounding lots vary from 23,000 square feet to as much as 3 acres (Attachment A) . Since 1986, additional subdivisions have been approved within the loop road._area with no lots requiring variances. Approval of this preliminary plat may set a precedent for variances in the future. Once the area is served by sewer and water, rezoning of property to the R1-13.5 district may be possible. Based on this Zoning District, up to three single family lots could be developed meeting Code requirements. Should the preliminary plat be approved as shown, no further subdividing will be possible within a R1-13.5 Zoning District. City Code requires that the front yard setback meet the average, or further setback of the surrounding property if 40% or more of the legal block has been developed. The average setback for this area is 44 feet. The proponent requests a variance through the Board of Appeals to locate the house at the minimum 30 foot front yard setback. Although the setback would not meet the average of the legal block, it would be consistent with those homes located along the east side of Starring Lane West. GRADING Some filling of the property will be necessary to provide for a house pad. The tree inventory identifies a number of large poplar trees located on the property. Although these trees are not significant hardwoods, Staff would recommend that all necessary means be used to preserve these large trees. The proposed 1st floor elevation of the house is 2 feet above the road grade of Starring Lane West. No grades are shown to exceed a 3 to 1 slope. NECESSARY SITE IMPROVEMENTS Current City Code requires all driveways to be hard-surfaced with an asphaltic or Portland cement binder material. When the existing house was built on Lot 2 in 1963, Code did not require this. However, with this platting request both the existing and proposed driveways will be required to be hard-surfaced to comply with current Code prior to the issuance of any occupancy permit for Lot 1. _ y C C RECUMNENDATIONS If the Planning Commission feels that the preliminary platting of this property into two lots, with one lot requiring a lot size and front yard setback variance, is consistent with the intent of the R1-22 District and lot sizes in the surrounding area, then Staff would recommend approval based on this Staff Report, revised plans dated February 21, 1990, and the following: 1. Prior to the final plat release, the proponent shall receive variances from the Board of Appeals for lot size of less than 22,000 square feet, and average setback of less than 44 feet. 2. Prior to building permit issuance, proponent shall: a. Submit detailed grading and erosion control plans for review by the City Engineer and Watershed District. b. Submit detailed plans regarding the installation of the septic system to the Building Department for review and approval. c. Pay the appropriate Cash Park Fee. 3. Prior to issuance of any occupancy permit for Lot 1, proponent shall hard-surface both the existing and proposed driveways to conform to City Code. If the Planning Commission feels the preliminary platting of this property into two lots, with one re quiring a lot size and front yard variance is not consistent with the surrounding neighborhoods, may be setting precedent, and may be better served when sewer and water is provided for subdivision into three lots, Staff would recommend denial. SWANSON.SAK:bs 3 '� r .. (9) 1 (9) le OA yr' 2 s (19) n (10) pZ4• k (7) 5`\ -)1,.. (24) (25) . kr),, .90.7 `,,E (5) I, ro,.,s•. � 37,500 N �0 IF • •V E r P Sa" (16) zb.7 • Ib.� , ti 5 s i (16) e/4 7299 n �8'599 • 2q. ., 169Y6E (23) 9 0O (30)°�CJ ;r OW l 37tet (15) c: ��Q� a 21-8 7/!4 (3, ®its °;4, 2 - N 3 %O / \ ::-'' • 1.a Q �. Tj..., . 6- (2) .f .; p ,.,• O . 44s100 264.93 �. j ' ; `�..:". •n__ \` e.Y * - ., C NR (I,) .): Nw �+ c' � ' a 22,048 .' �ofA K / i (Si 0 oo �ag8,300 :1 - z7•os {��f fC.'r' • :✓ :. (12)ti v O" 00 Illt •=s (5) r +:�'� � (13) -r .2 d C s �f '� . , '' ,/. (23) n (14)R� O °¢tg e7 ' 4. iL 6 ap 1. p. -,'' '. 13 ., (21) �,,, / ' (16)' a° • (19) ,„„a (n) d ,o ,� (18) 8 1 �7 �' ti \/per �s`j(17) ��V (25) ° , 0 ,O * (24) # e 4P A7.-'4 (6) 9 Ai+„ men+ A . ' . (7) o 4. \4s t o (8) a 'q0,� .. 3 (9) / . ��, 'gar... o � EDEN PRAIRIE PLANNING COMMISSION f UNAPPROVED MINUTES 7 MONDAY, FEBRUARY 26, 1990 7:30 PM CITY HALL COUNCIL CHAMBERS 7. 7600 Executive Drive COMMISSION MEMBERS: Chairperson Julianne Bye, Richard Anderson, Tim Bauer, Christine Dodge, Robert Hallett, Charles Ruebling, Doug Sandstad. STAFF MEMBERS: Chris Enger, Director of Planning; Michael Franzen, Senior Planner; Don Uram, Assistant Planner; Deb Edlund, Recording Secretary. ROLL CALL: Anderson and Dodge absent. I. APPROVAL OF AGENDA MOTION: Ruebling moved, seconded by Sandstad to approve the Agenda as published. Motion carried 5-0-0. II. MEMBERS REPORTS ' III. MINUTES IV. DEVELOPMENT PROPOSALS A. DEAN SWANSON ADDITION, by Dean E. Swanson. Request for Preliminary Platting of .97 acres into two single family lots within the R1-22 Zoning District with variances for lot size and structure setback. Location: 15130 Ridge Road. A public hearing. Frank Cardarelle, representing the proponent, presented that plans for a 2 lot subdivision. The lot depths would , be approximately 120 feet with one lot square footage being 22,000 square feet and the second lot approximately 20,400 square feet. Scott Kipp reported that one lot would require a lot size variance and a front yard setback variance. Kipp believed that the front yard setback would be appropriate because of the land topography. He added that the lots would be consistent with the character of the neighborhood. Kipp stated that Staff recommended approval of the proposal upon receipt of the variances. vJJ Mr. Gloede, 9141 West Staring Lane, stated that the existing neighborhood had a nice atmosphere. He believed that if the variances were granted it would subtract from the atmosphere. Pat Hartell, 9140 West Staring Lane, stated that variances had never been granted in this neighborhood. The variances would make the proposed lots the smallest in the neighborhood and was concerned about a precedent being mt to encourage more small lots in the neighborhood. Hartell was also concerned about an increase in density in the area and its affect on the existing wells. Ruebling asked if the surrounding area was all zoned R1-22. Kipp replied yes. Ruebling then asked if most of the lots already had homes built on them. Kipp replied that most of the lots in this area had homes and added that a request for subdivision had not occurred since 1986 for this area. Ruebling was concerned about the parcel being divided in half. Bauer believed that this division would not be in character with the existing neighborhood. Bauer asked Hartell to elaborate on the well situation. Hartell replied that pollution problems did not exist at this time; however, because of the drought, several wells had been redrilled over the last several years. Kipp noted that a low depressed area existed in the center of this circle area. Kim Swanson, owner of the parcel, believed that the neighbors were concerned about the aesthetics of the neighborhood. He stated that he had done major landscaping on the parcel and maintenance of the yard area was an issue. Swanson believed that because of the location of his home on the property it gave the appearance of being on two lots. Swanson added that he believed there would still be sufficient open land. He stated that he was concerned with the atmosphere of the neighborhood also. Hallett believed that possibly only one additional lot could be subdivided in this area. Kipp stated that additional subdivision could take place in the Brace's Bit area. Hallett believed that because of the location of the existing home the character of the neighborhood would not be changed. Cardarelle stated that the reason the homes were placed toward the front of the lots was due to the drop in elevation in the rear of the property. Cardarelle believed that this would be the last subdivision in this neighborhood. Sandstad asked if the proponent had tried to purchase addition property from the owner to the north to attempt to meet the R1-22 zoning. Cardarelle replied that the property owner to the north was not interested in selling. Cardarelle added that because of the spacing of the homes it would be consistent with the existing neighborhood. Sandstad asked if the variances could be justified. Kipp replied that if the homes were placed further back on the lot extra fill would be required and additional trees would be lost. Ruebling believed that the due to the location of the existing home and the extra 10 feet of width required for the road he could support the proposal. MOTION 1: Ruebling moved, seconded by Bauer to close the public hearing. Motion carried 5-0-0. MOTION 2: Ruebling moved, seconded by Bauer to recommend to the City Council approval of the request of Dean Swanson for Preliminary Plat of 0.97 acres into two single family lots within the R1-22 Zoning District, with variances for lot size and structure setback to be reviewed by the Board of Appeals, based on plans dated February 21, 1990, subject to the recommendations of the Staff Report dated February 23, 1990. Motion carried 5-0-0. B. BOULDER POINTE TOWNHOMES, by David Carlson Companies, Inc. Request for Zoning District Change from Rural to RM-6.5 on 13.65 acres, Site Plan Review on 13.65 acres, and Preliminary Plat of 13.65 acres into 51 lots for construction of a 50 unit multi-family residential development. CITY OF EDEN PRAIRIE NENNEPIN COUNTY, MINNESOTA RESOLUTION #90-50 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE INDUSTRIAL PARK, 8TH ADDITION FOR JAMES BERGIN BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Edenvale Industrial Park, 8th Addition for James Bergin, dated March 7, 1990, consisting of 4.7 acres into 1 lot and 1 outlot, 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 13th day of March, 1990. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 605 • ( STAFF REPORT TO: The Planning Commission FROM: Scott A. Kipp, Assistant Planner THRU: Chris Enger, Planning Director DATE: February 9, 1990 SUBJECT: Edenvale Industrial Park 8th Addition LOCATION: Northwest corner of Martin Drive and Corporate Way APPLICANT/ James Bergin FEE OWNER: Commercial Land Five Incorporated REOUEST: 1. Preliminary Plat of 4.7 acres into 1 lot and 1 outlot. BACKGROUND ,,,l''..-s . — ''.7::::. —Ili .)4\ This property was zoned I-2 in \ �! '„ [?fit5., 1969 per Ordinance #135, and is ) .\\.( the site of Bergin Auto Body. :� = 2 Phase one was approved in 1985 ' ;`/' in conjunction with a j. /�:i RM-2.5 preliminary plat for a 1 acre i---ter' lot and an outlot. Variances 7/r/A./ 1!; were granted through the Board -11 of Appeals for lot size and lot 15. UdE C-COI frontage. The plat was never •� t, r�, +�` / recorded. In 1989, the second " N•^l phase of Bergin Auto Body was _•<,` , •-. . approved, based on a 2 acre / � site, however, no platting ,': i�� request was reviewed. '} ;y -;�; �., I PRELIMINARY PLAT .;.;.; j 2 3 it The request is to preliminary -- �- i plat Outlot E, Edenvale ' I-GEN. I. .'.PROPOSED SITE ' .; Industrial Park into 1 lot and ! r:. ;` �__. { 1 outlot to conform with the - second phase building approval. r.�..f f7 _ The proposed lot is 2 acres in . - i size, meeting the minimum - A • acreage requirement within the " •`, ' .?% I-: I-2 Zoning District. All i r. `'�� 1 AREA 'LOCATION MAP ( C • building and parking setbacks are in conformance with code. A I variance for lot frontage of 166 feet along Martin Drive will again be necessary through the Board of Appeals. City Code requires a minimum lot frontage of 200 feet in the 1-2 Zoning District. RECOMMENDATIONS Staff would recommend approval of the preliminary platting request of 4.7 acres into 1 lot and 1 outlot subject to plans dated January 12, 1990, this Staff Report, and the following recommendations: 1. Prior to City Council review, the proponent shall receive a variance from the Board of Appeals for lot width of less than 200 feet. r 1 1 { EDNVALEB.SAK 2 6(J { IV. DEVELOPMENT PROPOSALS A. EDENVALE INDUSTRIAL PARK, 8TH ADDITION, by James Bergin. Request for Preliminary Platting of 4.7 acres into 1 lot and 1 outlot with lot frontage variance to be reviewed by the Board of Appeals. Location: Northwest corner of Corporate Way and Martin Drive. A public hearing. Ron Krueger, representing the proponent, was available for questions. Franzen reported that Staff recommended approval of the project as per the Staff Report dated February 9, 1990. The proponent would need to appear before the Board of Appeals to request a variance for a lot width of less than 200 feet prior to review of the project by the City Council. NOTION 1: Dodge moved, seconded by Bauer to close the public hearing. Motion carried 6-0-0. NOTION 2: Dodge moved, seconded by Bauer to recommend to the City Council approval of the request of James Bergin for Preliminary Plat of 4.7 acres into one lot and one outlot, with a frontage variance to be reviewed by the Board of Appeals, for Edenvale Industrial Park 8th Addition, based on plans dated January 12, 1990, subject to the recommendations of the Staff Report dated February 9, 1990. Motion carried 6-0-0. B. EDEN PRAIRIE CENTER. 8TH ADDITION, by Robert Larsen Partners, Inc. Request for Preliminary Platting of 8.2 acres into 2 lots. Location: East of Highway 169 and north of Prairie Center Drive. A public hearing. Kelly Doran, representing the proponent, was available for questions. Franzen reported that Staff recommended approval of the project based on the recommendations outlined in the Staff Report dated February 9, 1990. Sandstad arrived at 7:35 PM. 2 A bl/lU • 1 CITY OF EDEN PRAIRIE f HENNEPIN COUNTY, MINNESOTA ( RESOLUTION #90-52 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDEN PRAIRIE CENTER, 7TH ADDITION FOR ROBERT LARSEN PARTNERSHIP, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Eden Prairie Center, 7th Addition for Robert Larsen Partnership, Inc., dated January 18, 1990, consisting of 8.2 acres into 3 lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 13th day of March, 1990. Gary D. Peterson, Mayor i ATTEST: John D. Frane, City Clerk • ( . STAFF REPORT TO: The Planning Commission FROM: Scott A. Kipp, Assistant Planner THRU: Chris Enger, Planning Director DATE: February 9, 1990 SUBJECT: Eden Prairie Center 8th Addition LOCATION: Northwest corner of Franlo Road and Prairie Center Drive APPLICANT/ FEE OWNER: The Robert Larsen Partners REOUEST: 1. Preliminary Plat of 8.2 acres into two lots. BACRGROUND U This property is part of the QFC' `C-REG-SER, + pFC Tower Square Shopping Center : . approved in 1989. In January .?`j .\ of 1990 a revision to the C-REG SER �i h , Planned Unit Development was F p: R1 22. reviewed by the Planning -t ODFC Commission for construction of :Aia PUB �. :; I°. ' 1 C-F a 7,800 square foot bank REG SERF V ___ I` building. Currently, the Tower Square Shopping Center consists = OFC f of one lot. U j REG-SE._., C-HWY j PRELIMINARY PLAT OF C G HWY'•, The request is to preliminary _'S_FR_/::•` ' plat the bank property into a separate parcel consisting of L C-REG .. 1.1 acres. This lot size exceeds code minimums in the C- W, Q- Reg-Ser Zoning District. All ,cF �(/ building and parking setbacks PROPOSED SITE 6, „ meet code. Prior to final plat i !'C'J C'?' release, the proponent shall PUB �! submit to the City a recorded — ' cross access easement with the C-REG3ER Tower Square property for (' C REG S.- ingress and egress purposes. , ;_..1 ( 1 AREA LOCATION MAP D C C RECOMMENDATIONS Staff would recommend approval of the preliminary plat request of 8.2 acres into two lots subject to plans dated January 18, 1990, this Staff Report, and the following condition: 1. Prior to final plat release, the proponent shall provide the City a recorded cross access easement for ingress and egress • with the Tower Square Shopping Center property. EPCTR8TH.SAK 2 b�� IV. DEVELOPMENT PROPOSALS A. EDENVALE INDUSTRIAL PARK, 8TH ADDITION, by James Bergin. Request for Preliminary Platting of 4.7 acres into 1 lot and 1 outlot with lot frontage variance to be reviewed by the Board of Appeals. Location: Northwest corner of Corporate Way and Martin Drive. A public hearing. Ron Krueger, representing the proponent, was available for questions. Franzen reported that Staff recommended approval of the project as per the Staff Report dated February 9, 1990. The proponent would need to appear before the Board of Appeals to request a variance for a lot width of less than 200 feet prior to review of the project by the City Council. MOTION 1: Dodge moved, seconded by Bauer to close the public hearing. Motion carried 6-0-0. MOTION 2: Dodge moved, seconded by Bauer to recommend to the City Council approval of the request of James Bergin for Preliminary Plat of 4.7 acres into one lot and one outlot, with a frontage variance to be reviewed by the Board of Appeals, for Edenvale Industrial Park 8th Addition, based on plans dated January 12, 1990, subject to the recommendations of the Staff Report dated February 9, 1990. Motion carried 6-0-0. B. EDEN PRAIRIE CENTER, 8TH ADDITION. by Robert Larsen Partners, Inc. Request for Preliminary Platting of 8.2 acres into 2 lots. Location: East of Highway 169 and north of Prairie Center Drive. A public hearing. Kelly Doran, representing the proponent, was available for questions. Franzen reported that Staff recommended approval of the project based on the recommendations outlined in the Staff Report dated February 9, 1990. Sandstad arrived at 7:35 PM. 2 A 610 MOTION ]: Dodge moved, seconded by Bauer to close the public hearing. Motion carried 6-0-0. MOTION 2: Dodge moved, seconded by Bauer to recommend to the City Council approval of the request of Robert Larsen Partners, Inc., for Preliminary Plat of 8.2 acres into two lots for Eden Prairie Center 8th Addition, based on plans dated January 18, 1990, subject to the recommendations of the Staff Report dated February 9, 1990. Motion carried 6-0-0. C. ALPINE CENTER, by Lariat Companies. Request for Planned Unit Development District Review on approximately 18 acres, Zoning District Change from Office to C-Reg-Ser and Site Plan Review on 3.58 acres for construction of a 29,551 square foot retail center. Location: Northeast corner of Prairie Center Drive and Commonwealth Drive. A continued public hearing. Ed Flaherty, representing the proponent, stated that the project had been presented to the Planning Commission in detail at a previous meeting. Changes in the plan had been necessary to accommodate the requirement for 150 seats in the restaurant to acquire a liquor license, which affected the parking requirements. Flaherty added that easements would be necessary for grading and proof of parking; however, at this time arrangements to acquire these easements from the adjacent property owners had not been possible. Richard Waldorski, representing the proponent, stated that circulation was a major change on the plan. A service corridor would be provided. A 3-to-1 slope and a retaining wall would be provided between this project and the adjacent property. Waldorski stated that this plan showed 192 parking spaces and added that 193 spaces could be accommodated if the greenspace were reduced. Flaherty stated that the patio was only a concept at this time and was subject to revisions. The patio was designed to accommodate 80 seats; however, this would probably be reduced to 50 seats. Tim Widel, representing the proponent, stated that the integrity of the project was still in tact. The streets would be tree lined, historical lighting throughout the 3 611 MEMORANDUM TO: Mayor Peterson And City Council Members FROM: Steve Durham, Assistant Planner DATE: March 7, 1990 RE: Variance Request #90-04 HISTORY - In 1988, a building permit was issued to Zachman Brothers for construction of a single family home on Lot 13, Block 2, Apple Groves, 2nd Addition. The lot has frontages on Valley View Road and Bren Lane. In essence the lot has three frontages on public roads and one side lot line. A 30' front yard setback is required by Code on all front yards. City Staff noted on the survey submitted that all decks and structures must meet a 30' front yard setback. The builder placed sliding glass doors on the home which will permit a 2' deck addition. (Note attachment A) . The home is a split entry with sliding glass doors on upper level. VARIANCE REQUEST - The owners of the home requested a variance to permit a deck addition 20' from Bren Lane versus 30'. (Note attachment A). Alternatives cited in the February 1990 Board of Appeals Staff Report, included the following: 1. Permit a deck addition less than 12', for example, a deck addition at 10', 8', or 6' in width. 2. Permit a deck addition wide enough to support a stairwell to the ground level. The uniqueness of the site is the placement of the home and siding glass doors in relation to the front yard. A home with a deck could have been constructed to meet Code. DECISION OF THE BOARD - The Board of Appeals reviewed the request at length. Alternatives were discussed with the Nelsons for a deck addition less than 12'. The Nelsons were uncomfortable with a deck addition at or less than 10'. The Board was hesitant to approve a 10' deck addition. The Nelsons requested a decision from the Board. The Board denied the Variance Request on the grounds that the original owner (Zachman Brothers) were informed through documents that any proposed deck addition was not possible base on a 30' front yard setback. A lot having more than one front yard is not a unique situation and there were options if the home had been placed on the lot correctly. The Board is concerned with granting variances for setbacks when it is the builders responsibility to correctly place homes and provide for future additions if they are planned. The Board felt confident the City staff followed through on informing the builder of the setback. 9004.scd 1�n •ti 4 'c. a _ ' .„0,a. \ . 1 #144....A,m f .. ... 'Icbd '9� Ncf 9 � , gS.SZ ^ to 2 • T �oa.6i o S) 1 / o .3 o ‘ � /at " -1:;..„ ), arc\ �: . \$ �G' ! t :"'" • .:r-- ',,'; if ,a �1 ,� 7--- QY 'bp yry,,,,...:,,i,--,:-., .._,,.... ,, , '\� F � \ g. n • YeO r. 9 / y y it6▪ 4 3 ,7 t ap C N g xm n u 7 Z$ ,-., N z�gH 0.9/::) .t.. [C P W�WO Er2 "I' ^' W• N I I pCDJ .1+. .1 a N o �➢i z N �oa m o rilaE° _ m� ti '-1 r 0_____) • 2 .A�mm �Z� n m �� �"� OZ n a IIL .P N= a 'A N c 1 m , $ _ Zoe K. m0ya t, 4. 'Ori" T17 C s G( I v`m O Nt,' m • MEMORANDUM L TO: Joyce Provo • FROM: Steve Durham, Zoning Administrator DATE: February 22, 1990 SUBJECT: Petition of Board of Adjustments and Appeals Denial of Variance Request 90-04 The applicants of Variance Request #90-04 request the City Council to review the Board of Adjustment and Appeals Denial decision. The request is for a variance from City Code, Chapter 11, Section 11.03, Subdivision 2B1 to permit construction of a deck addition twenty feet from the front lot line adjacent to Bren Lane. City Code requires a thirty foot front yard setback. Attached is the request letter dated February 22, 1990. Please schedule petition on next City Council Agenda. r MEMO222.SCD;sg .40 l .2-aa-90 (_ 5: C.Arkt C Q eb Edr.n— r-0 Ga. Lvchd d�.X-C - —v q, a..Q 4/te aic cdi-e) road e an) Vim"4" ./4 90-01 6 - flu &oand aid C p-tcSQ — — C V al.t.a r) ,_,+1- A-40..E- 6v cv/ -fz C?O7L tt ci a dick —.. cfu c tut pi c ptAi f„ a] /77 g9 y V t'J—Rcad O ached 60 a. 4copy- dz flu • -61" ---- a cu , �caiv „ae tc `-eatra.td � aaa . q. 4i • MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources DATE: March 9, 1990 SUBJECT: Riley Lake Park Acquisition Mrs. Jacques's attorney has not responded in a written form to the City's counter offer of $20,500 per acre, as of this date, although in a telephone conversation with Mr. Anderson on Tuesday, March 6th he indicated that Mrs. Jacques would not accept that counter offer and maintained a price of $512,000 for the 24 acres. Mr. Anderson indicated that he would be providing a written offer of terms for Council consideration, hopefully this is available by the March 13th, 7:30 p.m. meeting. BL:mdd • • 1U