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HomeMy WebLinkAboutCity Council - 03/19/1991AGENDA CITY COUNCIL STAFF: EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, Patricia Pidcock and H. Martin Jessen 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 Roberta Wick TUESDAY MARCH 19, 1991 COUNCILMEMBERS: PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council Meeting of March 5, 1991. III. CONSENT CALENDAR A. Clerk's License List B. Final Plat Approval of Village Knolls (located at the S.E. Corner of Homeward Hills Road and Silverwood Driver — Resolution No. 91-60. C. Resolution No. 91-61 Authorizing Permit Application to MWCC to Allow Connection to MWCC Facilities for the Proposed Village Knolls Subdivision. D. Approve Settlement Agreement with the American Fundamentalist Church for Valley View Road Assessments and Right-of-Way Acquisition. E. Release of Special Assessment Agreement 89-04, for the Construction of Staring Lake Parkway and Twin Lakes Crossing Through Boulder Pointe. F. Approve Change Order No. 5 for Mitchell/Research Road Improvements, I.C. 52-051. Pg. 512 Pg. 527 Pg. 529 Pg. 532 Pg. 533 Pg. 538 Pg. 541 City Council Agenda Tuesday, March 19, 1991 Page Two G. Approve Change Order No. 2 for Mitchell Road and Sandy Pointe Addition Improvement, I.C. 52-156 and 72 7 201. H. Approve Change Order No. 2 for Cedar Ridge Storm Sewer Improvements, I.C. 52-152. I. Amoco by Amoco Oil Company. 2nd Reading of Ordinance 5-91-PUD-2- 91, Zoning District Amendment within the Community Commercial District; Approval of Developer's Agreement; Adoption of Resolution 91-37, Authorizing Summary of Ordinance 5-91-PUD-2-91 and Ordering Publication; Adoption of Resolution 91-35, Site Plan Review with the Community Commercial District on 0.8 acres for construction of a gas station/food shop to be known as Amoco. Location: southeast corner of Mitchell Road and Martin Drive. (Ordinance 5-91-PUD-2-91, Zoning District Amendment; Resolution 91-37, Authorizing Summary and Ordering Publication; Resolution 91-35, Site Plan Review). J. Outside Storage and Display by City of Eden Prairie. 2nd Reading of Ordinance 3-91, amending City Code Chapter 11, Section 11.03, Subdivision 3.J.1. and 2., and by adding a new 4., to clarify regulations pertaining to outside storage and display in Industrial and Commercial Districts; Resolution 91-30, Authorizing Summary and Ordering Publication of Ordinance 3-91. (Ordinance 3-91, Outside Storage; Resolution 91-30, Authorizing Summary and Ordering Publication). P§.- 543 Pg: 546 Pg. 54 • Pq.55 K. Village Knolls, by Argus Development. 2nd Reading of Ordinance 21- Pg. 55 90, Zoning District Amendment within the R1-13.5 Zoning District on 8.7 acres; Approval of Developer's Agreement; Adoption of Resolution 91-70, Authorizing Summary of Ordinance 21-90 and Ordering Publication; 23 single family lots, 2 outlots and road right-of-way for a residential development. Location: East of Homeward Hills Road at Silverwood Drive. (Ordinance 21-90, Zoning District Amendment; Resolution 91-70, Authorizing Summary and Ordering Publication). L. Receive 100% Petition and Order Preparation of Plans & Specs for Pg. 56 Bluffs East 8th, Storm Sewer Improvements, I. C. 52-2/3 Resolution No. 91-67. M. Receive 100% Petition and Order Preparation of Plans & Specs for Bluffs West 9th Street and Utility Improvements, I.C. 52-224 --- Resolution No. 91-69. N. Receive 100% Petition and Order Preparation of Plans & Specs for Cedar Ridge Estates 2nd Addition, Street and Utility Tmprovements, I.C. 52-225 Resolution No. 91-68. O. A Commendation for Eden Prairie High School Girls Gymnastics Team. P. Authorization for Hepatitis B Vaccinations. Q. Approve Plans and Specifications and Order for Bids for Eden Hills Utility and Street Improvements, —T7C. 52-2177 ResoTaion No7—gf: 71. Pg. 56 Pg. 56 Pg. 57 Pg. 57 Pg. 57 City Council Agenda Tuesday, March 19, 1991 Page Three I.C. 52-203 (Street and Utility Improvements on Staring Lane and Ridge Road) Resolution No. 91-62. B. Cub Foods. Request of Super Valu Stores, Inc. for Zoning District Pg. 576 Change prom R1-22 and PUB to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 9.81 acres; Adoption of Resolution 91-39, Preliminary Plat of 11.57 acres into 1 lot, outlot and road right-of-way for construction of a 73,000 square-foot building to be known as Cub Foods. Location: Northwest corner of 78th Street and Prairie Center Drive, south of Leona Road. (Resolution 91-39, Preliminary Plat; Ordinance 6-91, Zoning District Change.) Continued from February 19, 1991. C. Timber Lake Drive Townhomes. Request of the Pemtom Company Pg. 610 for Zoning District Amendment within the RM-2.5 Zoning District on 2.11 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 2.11 acres for construction of 16 townhouse units in 4 buildings to be known as Timber Lake Drive Townhomes. Location: Northeast corner of Timber Lake Drive and Island Road. (Ordinance 8-91, Zoning District Amendment). D. Fairview Medical Health Clinic of Eden Prairie. Request by Fairview Pg. 620 Hospital and Healthcare Services for Comprehensive Guide Plan Amendment from Industrial to Office on 7.3 Acres; Adoption of Resolution 91-58, Planned Unit Development Concept Amendment on 17.4 acres; Zoning District Change from Rural and 1-2 to Office on 2.9 acres; Site Plan Review on 2.9 acres for construction of a 15,200 square-foot medical health care clinic to be known as Fairview Medical Health Clinic of Eden Prairie. Location: East of Prairie Center Drive and south of Technology Drive. (Resolution 91-58, Resolution 91-66, PUD Concept Amendment; Ordinance 9-91, Zoning District Change). V. PAYMENT OF CLAIMS Pg. 638 VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, AND COMMITTEES A. Public Discussion of Recommendation of City Hall Site Selection Subcommittee. IX. APPOINTMENTS A. Appointment to Human Rights A Services Commission (1-year term). Pg. 639 Pg. IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications 575 City Council Agenda Tuesday, March 19, 1991 Page Four X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members 1. Legislation Regarding Suburban Hennepin Regional Park District. B. Report of City Manager C. Director of Parks, Recreation & Natural Resources 1. Policy on Past Due Rental of Facilities. D. Report of Public Works Director 1. Approve Layout Plan for CSAH 62 from CSAH 60 to CSAH S 2-173, Resolution No. 91-63. XI. OTHER BUSINESS XII. ADJOURNMENT Pg. 640 Pg. 641 TIME: LOCATION: COUNCILMEMBERS: EDEN PRAIRIE CITY COUNCIL UNAPPROVED MINUTES 7:30 PM Tuesday, March 5, 1991 City Hall Council Chambers, 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock CITY COUNCIL STAFF: City Manager, Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL Present: Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, Patricia Pidcock I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Anderson moved, seconded by Pidcock, to approve the agenda. Pidcock requested the an addition one item under X.A. Councilmembers reports: (1) Announcement of Appointment. Jessen requested the addition of Item (2), Park Reserve Appointments. Anderson requested the addition of Item (3), Resolution commending the Girls' Gymnastic Team on winning the State Championship. Tenpas requested the addition of Item (4), Rotary Club Donation of Trees to the City. Jullie requested that Resolution No. 91-52 be added to the Consent Calendar under Item III.E. He also requested the addition a Item K to the Consent Calendar which would be the second reading of Ordinance No. 33-90-PUD-12-90 and Developer's Agreement on the Eden Prairie Assembly of God project. Also on Item VII.A., Resolution No. 91-55 should be included regarding the Summary of Findings on the Proposed Flying Cloud Airport Noise Abatement Plan. Agenda approved as amended 5-0. II. MINUTES A. City Council Meeting held Tuesday, February a 1991 MOTION Pidcock moved, seconded by Anderson, to approve the Minutes of the City Council Meeting held Tuesday, February 19, 1991. C-' City Council Minutes 2 March 5, 19 Pidcock requested a correction on Page 9 of the minutes in the first paragraph, third sentence: "Pidcock suggested that the Hennepin Technical College be contacted to see if it could donate some of the services." Minutes approved as amended 5-0. CONSENT CALENDAR A. Clerk's License List B. KMSP CORPORATE HEADQUARTERS by Kraus Anderson Company. 2nd Reading of Ordinance No. 4-91-PUD-1-91, Zoning District Change from C-Reg to C-Reg-Ser on 5.63 acres with shoreland variances to be reviewed by the Board of Appeals; Approval of Developer's Agreement; Adoption of Resolution No. 91-49, Authorizing Summary of Ordinance No. 4-91-PUD-1-91 and Ordering Publication; Adoption of Resolution No. 91-33, Site Plan Review on 5.63 acres; 7.2 acres into one lot and one outlot for construction of a 47,700 square foot building to be known as KMSP TV, Channel 9 (Ordinance No. 4-91- PUD-1-91 - Zoning District Change; Resolution No. 91-49 - Authorizing Summary and Publication; Resolution No. 91-33 - Site Plan Review) C. Final Plat Approval of KMSP Plaza (located at the N.W. Corner of Prairie Center Drive and Vijjg Drive) Resolution No. 91-45 D. Receive Feasibility Study for Sunrise Circle Street and Utility Improvements, I.C. 52-205 (Resolution No. 91-46) E. Approve Joint Powers Agreement for Consultant Engineering Services for the Widening of T.H. 5 from CSAH 17 to TH 41 in Carver County F. A_pprove Plans for Valley View Road Extension and Authorize Advertisement for Bids, I.C, 52-221 (Resolution No. 91-48) G. A_.p_proval of Playground Bids for Rustic Hills Park, Carmel Park Eden Lake School/Park, and Red Rock Park H. Resolution No. 91-51 Giving Preliminary Approval to the Issuance of Multifamily Housing Revenue Bonds for the Tanager Creek Apartments Project I. Receive Petition and Order Feasibility Study for Leona Road Storm Sewer Improvements, I.C. 52-218 (Resolution No. 91-47) J. Reqliest from the Chamber of Commerce for the Assistance with Payment for Business Survey City Council Minutes 3 March 5, 19.• K. EDEN PRAIRIE ASSEMBLY OF GOD ty Eden Prairie Assembly of God. Second Reading of Ordinance #33-90-PUD-12-90, Zoning District change from 1-Gen, R1-22 and Rural to Public on 32.7 acres; Approval of Developer's Agreement; Adoption of Resolution 91-56, Authorizing Summary of Ordinance 33-90-PUD-12-90 and Ordering Publication; Adoption of Resolution 91-54, Site Plan Review on 32.7 acres; 39-21 acres into 4 lots and road right of way for construction of a church and other commercial and office uses to be known as Eden Prairie Assembly of God. Location: State Highway *5 at Dell Road. A continued public hearing. MOTION Pidcock moved, seconded by Anderson, to approve the Consent Calendar. Anderson said he would like discussion on Item J, Request from the Chamber of Commerce for the Assistance with Payment for Business Survey. He was concerned that the Chamber of Commerce had made a commitment for the study and now it was asking the City to pay a portion of it. Hie said that the total cost of the residential survey was approximately $15,400. He said the City had planned to do a survey but had not included the item in the 1990 budget. The Chamber of Commerce had strongly urged the City to proceed with a community survey. The Chamber's business survey cost $4,700. Tenpas said that because the City received from benefit from the business portion of the survey, he would favor paying for this part of the survey as requested by the Chamber. MOTION Anderson moved, seconded by Pidcock, to remove Item J from the Consent Calendar for further study. Motion approved 5-0. Motion to approve the Consent Calendar as amended approved 5-0. IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications, I.C. 52-160 LStreet and Utility Improvements on Dell Road between T.H. 5 and MAR 1 and Scenic fleights Road between CSAH 4 and Dell Road (Resolution No. 91 -40) Continued from February 5, 1991. JuHie said this hearing was continued from February 5, 1991, at which time staff was given direction by Council to amend the Feasibility Study as to the phasing of the project and the method of spreading out the special assessments. City Council Minutes 4 March 5, 199: Dietz said the project was now a two-phase project instead of a three-phase project, and he explained the revised project with the use of maps and charts. He said the cost was now $4 million instead of $6 million as originally planned because the southerly portion of Dell Road had been eliminated. He said the proposal was to assess adjacent properties for a 32-foot-wide street plus an 8-inch water main and the appropriate cost for sanitary sewer. He said the assessment would be $83.60 per front foot. The cost for watermain was estimated at $20.24 per front foot, and the expectation was that right-of-way would be dedicated with the developing properties. There were some special situations regarding dedication with the Gilk, Wagner, and Ruud properties because of the amount of land being acquired. Dietz requested Council approval of the project and authorization to proceed with plans and specifications. He said that the plans could then be completed in May, bids opened by the end of May, Assessment Hearing on June 18, with contracts awarded approximately July 18. With that schedule, phase one construction should be nearly completed by the end of the construction season in the fall. He said that one of the issues was right-of-way dedication, and if that process were to go well, the schedule would be accelerated. Difficulty with right-of-way acquisition could delay the project. Dietz summarized the changes as: (1) The phasing had been cut from three phases to two phases; (2) The City's share had doubled from $1 million to $2 million; (3) Method of assessment had been changed to a front-foot assessment rather than an area-wide assessment as proposed with the initial project. Stephen Wagner, 8430 Eden Prairie Road, also speaking for Pete and Georgia Ruud, said he was disappointed in the revised feasibility study. He requested Council take definitive and accountable actions on the following issues: (1) Sponsor a hardship right-of-way taking of the Ruud property. (2) Establish a design for Scenic Heights Road so as to determine land use on the remaining properties. (3) Support a commercial zoning of a small parcel which would remain between Scenic Heights Road and the Highway #212 right-of-way. (4) Determine a fair and reasonable assessment as it relates to the properties. Anderson requested staff to address the hardship issue, design, and the assessments. Tenpas, Harris, and Pidcock agreed. Dick Feerick, an Eden Prairie resident, said he believed MnDOT would cooperate in a legitimate hardship matter such as the one with the Ruud property. City Council Minutes 5 March 5, Spencer Siegel, an attorney representing the Schoers Property as well as the Jacques-Ballack property spoke to the issue. He said that George Schoers was concerned that the short segment of sanitary sewer would be totally assessed against his property in the amount of $36,000. He believed this to be unfair because the sewer would serve the east side the road as well. Dietz said that the feasibility study allows for this issue to be negotiated with the land owner prior to final design. Klegel said that Schoers may decide not to sell the property for development, but would consider negotiation the donation of a right-of-way. On the Jacques-Ballack property, Klegel said interest had been shown in purchasing the 15-acre parcel north of Dell Road. As a result of the proposed project, the property south of Highway 212 would be totally cut off and useless. He said his clients were concerned that the assessments would be against only 30 acres which could be developed. There were no further comments from the audience. MOTION Harris moved, seconded by Pidcock, that the public hearing be closed and Resolution No. 91-40 ordering the improvements on Dell Road and Scenic Heights Road on Improvement Contract No. IC52-160, be approved. Motion approved 5-0. MOTION Harris moved, seconded by Pidcock that staff return to Council with responses to the issues raised by Mr. Wagner in his memo of March 5, 1991. Tenpas said he would like Mr. Wagner to have the opportunity to respond to staff recommendations as the project progresses. Council was in agreement on this point and also requested that the hardship issue on the Ruud property be addressed. Motion approved 5-0. B. WELTER'S PURGATORY ACRES 6TH ADDITION. Request of Peter Andrea Company for Zoning District Change from Rural to R1-13.5 on 10.95 acres into 7 single family lots, 1 outlot and road right-of-way to be known as Welter's Purgatory Acres 6th Addition. Location: North of Welter's Way and south of Sunnybrook Road. (Ordinance No. 7-91 - Rezoning, Resolution No. 91-42) Continued from February 19, 1991. Jullie said that this item was continued from the February 19, 1991 Council meeting. Official notice was mailed to 57 property owners in the project area and was published in the February 7, 1991 issue of Eden Prairie News. C":" City Council Minutes 6 March 5, 19S ,1 Jim Ostenson, representing Peter Andrea Company, explained the details of the project with the use of maps. The proponent was requesting a variance to build a cul-de-sac longer than the allowed 500 feet for seven lots on a 10-acre site. He said that after thorough investigation of the soil, wetlands and terrain of the area, he believed the cul-de-sac to be a better alternative than having a through street in the area. This plan would also reduce tree loss by one-third and would not encroach on the wetlands or the deer corridor. Ostenson also said that the strong preference in the neighborhood was for the cul-de-sac for both safety and environmental reasons. He also said that the DNR had urged as small amount of development on the "bluff" line as possible and was concerned about additional runoff if a through street were to be built. Enger said the item was reviewed at the January 25, 1991 and February 11, 1991 meetings of the Planning Commission. It had recommended that the Council deny the request of Peter Andrea Company for the zoning district change on the 10.95 acres with variances to be reviewed by the Board of Appeals and the preliminary plat in seven single-family lots. The decision was based upon the conflict with the City's subdivision ordinance which limited cul-de-sacs to a maximum length of 500 feet, and because the it believed there was no alternative access for fire and other safety vehicles or school busses. He pointed out that City's policy was also to examine new subdivisions to ascertain whether or not cul-de-sacs could reasonably be continued through in order to eliminate unnecessary cul-de-sacs. Enger said the Planning Commission had recommended denial of the cul-de-sac; however, the recommendations from the staff to the Planning Commission to consider approval of a cul-de-sac were as follows: (1) The use of a cul-de-sac was an appropriate way to develop the property; (2) Staff would recommend approval based on the staff report of January 25, 1991 and plans dated January 14, 1991. Enger said the Planning Commission required that prior to City Council approval the proponent shall: (a) extend a concrete sidewalk approximately 210 feet into the property on the west side of Welter's Way; (b) extend a 6-inch water line to Sunnybrook Road; (c) meet with Dtift to resolve any issues regarding drainage; (d) receive a waiver from the City Council for a cul-de-sac in excess of 500 feet; (e) receive variances from the Board of Appeals and Adjustments for structure setbacks on three lots and for a 20-foot road frontage rather than the required 55-foot road frontage on the cul-de-sac for one lot; If) submit a cross-access easement for the portion of the private drive that crosses the corner opposed to Lot 1 prior to final City Council Minutes 7 March 5, 1991 plat; (g) submit a conservation easement to cover the DNR protected wetland on the east side of the property; (h) dedicate Outlot A to the City free and clear of any liens, mortgages, or incumbrance, or environmental hazards; (i) submit surety for the tree replacement of 294 caliper-inches; (j) submit a detailed storm water runoff and erosion control plan for review by the Watershed District and the City Engineering Department prior to the issuance of any grading permit, and install proper erosion control and tree protection fencing at the construction limits; (k) pay a cash park fee which would be charged in this case. Lambert said that the Parks, Recreation and Natural Resources Commission reviewed the proposal at their March 4, 1991 meeting and basically addressed two issues: (1) 'The natural resources impacts of a cul-de-sac versus a through street, and (2) the proposed trail locations or access to the neighborhood park. The Commission recognized that both alternatives would put a street through a core of the most significant trees. The Commission believed that the loss of a tree mass due to the installation of a through street would be greater than a cul-de-sac. The Commission also was concerned about the impact of a through street on the marsh. Therefore, it had recommended support of the cul-de-sac on a 7-0 vote. It also recommended on a 7-0 vote that a trail corridor along the creek be relied upon for access to the creek and Creekwood Park, through the outlot, whenever the creek trail was available. It believed that going between houses with a sidewalk or trail should be avoided because there was a sidewalk to Sunnybrook and then to the park, giving safe access. Bob Solohub, 11760 Welters Way, spoke in support of the development plan. He said there was strong support in the neighborhood for the cul-de-sac for safety and environmental reasons. He said he also believed it maintained the integrity of the neighborhood. He presented a petition from 44 homeowners in the area in favor of the development proposal and asked that Council approve the cul-de-sac plan. Bill Hoag, 11995 Sunnybrook Road, spoke in favor of the cul-de-sac. He was concerned for the safety of children in the area should a through road be built. Anderson said that he would like to see a trail connection through this neighborhood. Lambert said that it would mean designing a trail between two private properties. He said that the Parks, Recreation and Natural Resources Commission had concluded that because there was an outlet down to the creek where a trail would be eventually provided, to put in a trail access at this time would be a duplication of something that would happen in the future. Anderson said that he believed it would be easier to put the trail in City Council Minutes 8 March 5, 1991 before the houses were built. Tenpas said because the park was not used by a great number of people, he would be opposed to putting a second trail in this development. Jim Ostenson pointed out that most people would have access to the trail from Sunnybrook Road. There would be 20 families who would have to walk back approximately one block to get to the trail access. He said the safest alternative was to bring people out to Sunnybrook Road rather than Homeward Hills Road. Also the park had facilities for children 10 years and older and so there would not be small children using it. He advised against putting a trail between houses if it could be avoided. MOTION Jessen moved to close the public hearing and approve the 1st Reading of Ordinance No. 7-91 for Rezoning, Adopt Resolution No. 91- 42 for Preliminary Plat approval; and Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Seconded by Tenpas. Harris said she was not comfortable with not having a through street in the area. However, because the cul-de-sac was not a great deal longer than the existing dead-end streets, she would vote in favor of it. Pidcock said she would support the motion if the cul-de-sac was made wider and the trail were included. Anderson agreed with Pidcock on the trail but would support the cul-de-sac because of the environmental issue. Tenpas said he would favor the cul-de-sac and support the motion. Vote on the motion was 3-0-2 with Pidcock and Anderson abstaining. Motion failed. Anderson said he would like the issue of the trail to be investigated thoroughly to see if something could be worked out for a temporary trail connection and also investigate the possibility of a turn-around for emergency vehicles or school busses. Harris and Jessen expressed concerned about putting in a second trail at this time when there was a plan for the trail to be put in at some future date. MOTION Pidcock moved, seconded by Anderson, to reconsider the previous action. Motion approved 5-0. City Council Minutes 9 March 5, 1991 MOTION Jessen accepted Anderson's suggestion as a friendly amendment to the original motion to direct staff to investigate the possibility of a trail connection. First motion approved as amended 5-0. C. OUTSIDE STORAGE AND DISPLAY by City of Eden Prairie. Request for amendment to City Code Chapter 11, Section 11.03, Subdivision 3.J.1. and 2., and by adding a new 4., to clarify regulations pertaining to outside storage and display in Industrial and Commercial Districts. (Ordinance No. 3-91) Continued from February 19, 1991. JuHie said this item was continued from February 19, 1991. Original notice for the hearing was published in the February 7, 1991 issue of Eden Prairie News. He said the proposed ordinance clarified what must be screened and what must be enclosed in the industrial and commercial districts. Planning Commission recommended approval of the ordinance at its January 28, 1991 meeting. There were no comments from the audience. MOTION Pidcock moved, seconded by Harris, to close the public hearing and approve first Reading of Ordinance No. 3-91 pertaining to outside storage and display in Industrial and Commercial Districts. Anderson asked what was meant by outside storage and asked if temporary greenhouses where bags of fertilizer and other supplies were kept would be classified as outside storage. Enger said any storage area that did not conform to zoning standards with regard to exterior building material would be considered outside storage. He said the purpose of the ordinance was to cover what was discovered to be a loophole in the ordinance covering industrial and commercial districts. He cited the case of the proposed medical waste incinerator in the 62 Crosstown Industrial Park. The way that the I-General District of the Zoning Code was worded, it seemed to allow processing and manufacturing outside, which was not intended. The language had been corrected so that all processing and manufacturing must be done inside. Enger added that there probably were some violations of this ordinance in the City. Motion approved 5-0. City Council Minutes 10 March 5, 1991 V. PAYMENT OF CLAIMS MOTION Pidcock moved, seconded by Harris, to approve payment of claims. Payment of claims approved with Jessen, Pidcock, Harris, Anderson and Tenpas all voting "AYE". VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Presentation of Revised Flying Cloud Airport Noise Abatement Plan (Continued from February 19, 1991) Jullie said this item was continued from the February 19, 1991 meeting. He said that the Metropolitan Airports Commission had prepared a plan for the City regarding noise abatement at Flying Cloud Airport. Staff believed that the plan represented a good beginning to help control aircraft-related noise at Flying Cloud Airport. William Helker, 7230 Divinity Lane, chair of the City's Flying Cloud Airport Advisory Commission, said this group had been working with the Metropolitan Airports Commit:sion to strengthen and improve the Noise Abatement Flail. On February 6, 1991, the Advisory Commission voted to recommend to Council favorable consideration and endorsement of Flying Cloud Airport Noise Abatement Plan as presented. He pointed out that the plan reflected compromise on the part of all members of the Commission, particularly of members of the Airport Business Association. Tim Anderson, Director of Airports for the Metropolitan Airports Commission, reviewed the plan. He pointed out that the noise abatement plan was a step toward some of the construction planned for Flying Cloud Airport, but he believed it was a good plan even if construction was not done at the airport. He reviewed the reference to monitoring. The revised plan provides for more monitoring than the original plan, and said monitoring was planned for June, July, and August, 1991. There were two reasons for monitoring: (1) To monitor the performance of pilots in the pattern and their compliance with the noise abatement plan; and (21 to verify noise levels. The Commission would report to the Council in one year on the status of the monitoring and the status of the Noise Abatement Plan. City Council Minutes 11 March 5, 1991 Anderson said the basic enforcement tool was the lease arrangements with tenants at the airport. Leases could be terminated for failure to comply with airport rules. He said educational programs for all persons who use the airport were planned, such as local seminars and articles in publications which were directed to pilots, as well as education through various aviation associations. He said that it was the intention of the Metropolitan Airports Commission that upon endorsement from the City, the airport staff would incorporate the Noise Abatement Plan into the Comprehensive Master Plan Update for the Flying Cloud Airport to seek approval from the Metropolitan Airports Commission, probably in April. Enger pointed out that the Council was on record as recommending denial of the MAC Master Plan. After the MAC Master Plan had gone to the Metropolitan Council, it had adopted it subject to Eden Prairie and MAC being able to work out several issues. The noise element of that approval was only one item. The resolution outlines that adoption of the Noise Abatement Plan would be only the beginning step in a noise abatement plan process, gathering information on noise at the airport. He said that staff believed that MAC's commitment to extend the duration of the monitoring would produce more useful information and an indication as to how effective the proposed noise control methods would be. He emphasized that this was only the first step in a noise abatement plan. Other items that the Metropolitan Council had requested that MAC work on with the City included: (1) Provision of sewer and water to the airport; (2) Encourage joint airport zoning board; (3) A runway extension to 5,000 feet continue to be evaluated; (4) Preliminary site design and visual effects be evaluated at time of development of the airport building area plan; (5) That land uses around the airport be considered to provide compatibility with any airport expansion. Jessen asked if the noise at the airport would be less because of this plan and how the monitoring would be done. Tim Anderson said that the goal was not necessarily to reduce noise but to put it in a more favorable area. In the case of Flying Cloud Airport this would be over the river basin area as opposed to over homes. He said monitoring would be done at least five days a week. Joe Lowney, 8012 Timber Lake Drive, a fixed-base operator at Flying Cloud Airport, said that the seaplanes were fairly noisy because of the propeller speed. He said his organization had instructed users of the airport on how to stop the supersonic noise of the propeller. He said that students were instructed in remote areas instead of flying close to the airport as a way of reducing airport noise. Don Atkins, 9580 Eden Prairie Road, said he believed the airport was noisier in 1967 than it was today. He said that the small planes were noisier than the jets. He favored a monitoring system and updating of the airport. City Council Minutes 12 March 5, 1991 Bob Hallett, 17051 Valley Road, said he believed the Advisory Commission was made up of persons who had a vested interest in Flying Cloud Airport and therefore the recommendations from the Advisory Commission should be taken in that context. He said the noise from the jets disturbed him a great deal. He questioned if the noise standards were appropriate. He asked why monitoring was contingent on the availability of an intern, and suggested that someone be hired to do this. He said he favored increased monitoring. He also said he would like the reference to measures taken against repeat offenders to be more specific. He said he was not in favor of expanding the airport and suggested that if property values were lowered as a result of the expansion, the property owners should be reimbursed. Steve Yerkes, 16575 Hilltop Road, said that he believed the noise was a real problem and that moving the noise would have a relatively small impact compared to the impact of any future expansion of the airport. He encouraged the Council to keep this in mind when considering the Noise Abatement Plan. Dave Rasmussen, 16275 Valley Road, said he supported the Noise Abatement Plan. He proposed that a vendor be found to supply fixed equipment at the airport to monitor the noise and that noise be monitored in real time by the control tower. In this way, pilots could be notified immediately of any violation. Tim Anderson explained that noise monitoring would give information only on accumulated noise and not noise from a particular aircraft. On the issue of permanent monitors, this could be done, but experience had shown that pilots tend to cut back power over the monitoring device which often results in decreased safety. For this reason the Metropolitan Airports Commission did not endorse this method of monitoring. Jim Mitchell, 7341 Franklin Circle, General Manager for ASI Modern Aero at Flying Cloud Airport, said most operators were very committed to the Noise Abatement Plan and were aware who the violators were. Therefore, the operators could do a lot to correct any violations. He said that the higher altitudes required at the airport had helped with the noise problem to some extent. Mark Michaelson, 17151 Cedarcrest, said he believed the problem was that planes were lower than 1000 feet required in the approach area. He favored monitoring on weekends and videotaping aircraft. He also favored measuring the spikes of noise rather than using accumulative effect figures. He said he believed individual pilots should be fined if they violated the noise standards. City Council Minutes 13 March 5, 1991 Kent Barker, 15801 Cedar Ridge Road, said he believed violators of the noise standards should be charged with misdemeanors according to State statues, but this had not happened. He said there was no real enforcement regarding the altitudes and patterns used by pilots. He said that he believed MAC made promises that were not followed through. He said noise spikes were a concern in a community that was generally quiet such as Eden Prairie. He said that believed allowing large aircraft represented a safety issue. Tenpas asked what authority the City had to regulate noise levels at the airport. Pauly replied that he believed the City had no authority in this matter. MOTION Harris moved, seconded by Anderson, at 11:05 PM to continue the meeting for 30 minutes. Motion approved 5-0. George Pearson, 6912 Rosemary Road, said he believed that the MAC was attempting to shift jets to Flying Cloud Airport with the expansion plan. He questioned the necessity for the expansion. Al Lange, President of Elliott Beechcraft, 13801 Pioneer Trail, suggested that the Council look at the positive things about Flying Cloud Airport. (1) The airport brings business into the City and the State by companies such as John Deere and Detroit Tool. (2) The airport was an educational center for students who wished to learn about aviation careers. (3) Flying Cloud had the only air traffic control facility in the country outside of a facility in Oklahoma City operated by the FAA. (4) One of three technical colleges in the state for training aviation mechanics was located on Flying Cloud Airport. (5) There were schools at the Airport teaching people how to fly. (6) The Airport afforded an opportunity for jobs with 400 persons being employed there. (7) Flying Cloud Airport was a business center with property and real estate taxes being paid to the community. (8) Flying Cloud Airport was one of the last remaining open spaces in the community and very well maintained by MAC. (9) The Airport was a recreational center with ball fields and soccer fields being located there at minimal cost to the City. Mr. Lange advised the Council against more restrictions at the Airport as he believed it would discourage business from coming into the City and the State. Bob Gartner, 15769 Cedar Ridge Road, said that MAC had been reluctant to enforce rules in the past. However, he encouraged the Council to cooperate with MAC on the noise issue. Council was in general agreement that the City should work with MAC on the Noise Abatement Plan. City Council Minutes 14 March 5, 1991 MOTION Harris moved, seconded by Tenpas, to adopt Resolution No. 91-55, Summary of Findings on the Proposed Flying Cloud Airport Noise Abatement Plan. Jessen suggested that a requirement for continuous monitoring be included in the resolution. This would revise the first sentence in Item 1 of the Resolution to read: "The Metropolitan Airports Commission provide additional and continuous aircraft noise monitoring..." Harris and Tenpas accepted this addition to the motion. Motion approved 5-0. VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, A COMMITTEES IX. APPOINTMENTS X. REPORTS OF OFFICERS A. Reports of Councilmembers 1. Appointment Announcement Pidcock announced that Harris had been appointed by Governor Carlson to a seat on the Joint Commission of Judicial Appointments. 2. Park Reserve District Board Jessen said there was a change proposed to eliminate the two County Board appointments to the Hennepin Parks Board. If this change were to go forward, each of the municipal councils would be asked to adopt a resolution supporting an all-elected Park Board. He said that meetings would continue to be held on the subject. 3. Eden Prairie High School Gymnastics Championship MOTION Anderson moved that the Girls Gymnastics Team from Eden Prairie High School and their coaches be commended for their efforts and success in winning the State Championship Title for Girls Gymnastics. Seconded by Pidcock. Motion approved 5-0. Jessen suggested that other teams, not just those in athletics, be recognized for their achievements. City Council Minutes 15 March 5, 1991 5. Rotary Club Donation of Trees Tenpas announced that the Rotary Club of Eden Prairie had designated $1,000 a year for the acquisition of trees, and directed staff to draft a thank-you letter that could be read at the next Rotary Club meeting. B. Renort a City Manager XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Harris moved, seconded by Pidcock, to adjourn and 11:40 PM. Motion approved 4-0. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 19, 1991 CONTRACTOR (MULTI-FAMILY & COMM.) Alert Electric, Inc. Bachman Construction Bradley Building Corp. Control Data Corporation Donlar Construction Co. Hauenstein & Burmeister,Inc. Lilac Construction Space Control T R B, Inc. CONTRACTOR (1 & 2 FAMILY) Peter Andrea Company Mark Charles, Inc. Durst & Gans Construction Gestach Paulson Construction Michael Hayes Homes, Inc. Hirsch Builders Luse & Son, Inc. Oertel Custom Homes PLUMBING A & G Plumbing, Inc. Bowler Company, Inc. Brown's Plumbing Bruckmueller Plumbing Custom Plumbing, Inc. Earl W. Day & Sons Dependable Well Company Donahue Mechanical Grupa Mechanical Nelson Water Conditioning Plumm, Inc. South Metro Plumbing & Heating Vesey Plumbing Company Widmer Incorporated TYPE C FOOD Total Petroleum GAS FITTER A & G Plumbing, Inc. Advanced Mechanical Contractors Air Mechanical, Inc. Bowler Company, Inc. Countryside Heating & Cooling Custom Plumbing, Inc. D.J.'s Heating & Air Conditioning Edina SW Plumbing Faircon Service Gopher Heating & Sheet Metal Marsh Heating & Air Conditioning Reuse Mechanical, Inc. Yale, Inc. HEATING & VENTILATING Acclaim Services, Inc. Advanced Mechanical Contractors Air Mechanical, Inc. Allan Mechanical, Inc. Bowler Company, Inc. Check Refrigeration, Inc. Countryside Heating & Cooling D.J.s Heating & Air Conditioning Faircon Service Gopher Heating & Sheet Metal, Inc. Marsh Heating & Air Conditioning Rouse Mechanical, Inc. South Metro Plumbing & Heating, Inc. Yale, Inc. UTILITY INSTALLER Widmer Incorporated CIGARETTE Terrific Lunch Total Petroleum U-Serve-It, Inc. ••n CLERK'S LICENSE APPLICATION LIST page two OFF SALE BEER TEMPORARY LIQUOR Eden Prairie 66 Pax Christi Catholic Church (4-26-91) Temporary Liquor Eden Prairie Lions Schooner Days (May 31, June 1 & 2) TEMPORARY BEER Eden Prairie Lions Schooner Days (May 31, June 1 & 2) July 4th Corn Feed (August 10) These licenses have been approved by the department heads responsible for the licensed activity. 1 ./^e.J j6.(„Li Pat Solie Licensing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-60 A RESOLUTION APPROVING FINAL PLAT OF Village Knolls WHEREAS, the plat of Village Knolls has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: A. Plat approval request for Village Knolls is approved upon compliance with the recommendation of the City Engineer's report on this plat dated March 14, 1991. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six- month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's. report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the Eden Prairie City Council on March 19, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk MEMORANDUM TO: Mayor Tenpas and City Councilmembers THROUGH: Alan D. Gray, P.E., City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: March 14, 1991 SUBJECT: Village Knolls (Resolution No. 91-60) PROPOSAL: Argus Development, Inc., has requested City Council approval of the final plat of Village Knolls. The plat is located at the southeast corner of Homeward Hills Road and Silverwood Road in the South Half of Section 26. The plat contains 42.7 acres to be divided into 23 single family lots, two outlots, and right-of-way dedication for street purposes. Outlots A and B contain 19.5 and 14.5 acres respectively. Ownership of Outlot A will be retained by Hustad Development Corporation for development at a later date, while ownership of Outlot B will be conveyed to the City for open space purposes along Purgatory Creek. HISTORY: The preliminary plat was approved by the City Council June 19, 1990 per Resolution No. 90-167. Second reading of Ordinance No. 21-90-PUD-9-90, Planned Unit Development District Review and Zoning District Amendment within the R1-13.5 District, is scheduled for final approval March 19, 1991. The developer's agreement referred to within this report is scheduled for execution March 19, 1991. VARIANCES: A Variance is necessary from City Code 12.20 Subd. 2.A. waiving the six- month maximum time elapse between the approval date of the preliminary plat and filing of the final plat. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and streets will be installed by the developer in conformance with City Standards. This project includes undeveloped lots and road right-of-way previously platted as part of Bluffs West. Vacation of those underlying easements and right-of-way will be necessary prior to release of final plat. Final Plat - Village Knolls (Resolution No. 91-60) March 14, 1991 Page 2 of 2 PARK DEDICATION: Park dedication will conform to the developer's agreement requirements and City Code. BONDING: Bonding for municipal utilities and streets must be provided prior to release of the final plat and conform to City Code and the developer's agreement. RECOMMENDATION: Recommend approval of the final plat of Village Knolls subject to the requirements of this report, the developer's agreement and the following: 1. Receipt of street sign fee in the amount of $478.00. 2. Receipt of street lighting fee in the amount of $3,240. 3. Receipt of engineering fee in the amount of $920. 4. Completion of vacation of drainage and utility easements and street right-of-Way. 5. Satisfaction of bonding requirements. JJ:ssa cc: Brian Olson, Argus Development Paul Cheme, Pioneer Engineering CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-61 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructed in Village Knolls requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: The City Engineer is here authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the Metropolitan Control Commission. ADOPTED by the Eden Prairie City Council on March 19, 1991 Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Franc, Clerk ' MEMORANDUM TO: Mayor and City Council THROUGH: Carl J. Julie, City Manager FROM: Joseph A. Milan, Assistant City Attorney DATE: February 5, 1991 SUBJECT: Condemnation of Property Owned by the American Fundamentalist Church, Among Others, Located at 15817 valley View Road, Eden Prairie, Minnesota In 1987 the City improved Valley View Road by widening the existing road and constructing a walking path. As part of the project, it was necessary to condemn a portion of the property belonging to the American Fundamentalist Church, among others. The condemnation proceeding was challenged by the owners of the property and resulted in litigation. An appraisal conducted by an expert retained by the City determined the value of the subject propety to be approximately $6,100.00. The special assessment against the property for the improvements was $7,200.00. The parties settled the litigation by agreeing that the appraised value would be $7,200.00 which equaled the special assessment for the improvement. There will be no payment to the owners. Instead, the amount of the settlement will be used to satisfy the special assessment. Considerable discussion regarding the language of the settlement agreement delayed its execution. The owners of the property finally executed the settlement agreement in late June of 1990. However, the attorney for the owners of the property failed to return the Stipulation of Dismissal, which is required to bring the matter to conclusion. On February 4, 1991, the attorney for the owners of the property agreed to execute and return the Stipulation of Dismissal. The Settlement Agreement is submitted hereby for approval and signature by the City. The effect of the Settlement Agreement will be to consummate the condemnation of the property, transfer ownership of the property to the City, and satisfy the outstanding special assessment against the property. -1- -.0 STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT City of Eden Prairie, Petitioner, File No. CD-2002 VS. Case Type: Condemnation The American Fundamentalist Church, a Minnesota Religious Corporation, The American Fundamentalist Church, a Minnesota Corporation, Basic Bible Church of America, ch 8035, Douglas A. Page, as Trustee of Basic Bible Church of America, ch 8035, Carolyn Page, as Trustee of Basic Bible Church of America, ch 8035, Douglas A. Page, Carolyn Page also known as Caroline Page, James R. Tice, City of Eden Prairie, a Minnesota Municipal Corproation, the County of Hennepin, and the Director of the Internal Revenue Service, Respondents. SETTLEMENT AGREEMENT The following individuals and corporations agree to be made parties to this agreement and further agree to be bound by its terms and conditions: The American Fundamentalist Church Basic Bible Church of America, ch 8035 Douglas A. Page, as Trustee of Basic Bible Church of America, ch 8035 Douglas A. Page City of Eden Prairie WHEREAS, the above-named parties have numerous claims, actions, causes of action and differences between themselves; and — Page 2 WHEREAS, the parties deem it desirable to settle all of their claims, actions, causes of action and differences; and WHEREAS, the parties believe the best way to accomplish such a settlement is through this Settlement Agreement; NOW THEREFORE, in consideration of the premises and covenants and promises hereinafter contained, which the parties explici t l y agree shall constitute ample and sufficient consideration, t h e parties do hereby agree as follows: 1. The parties hereto agree that the Commissioners appointed in this proceeding may make and enter an award in the amount o f $7,200.00 representing the total damages suffered by Respond e n t s for the taking of the property described in the Petition here i n . 2. The parties hereto agree to enter into a stipulation of dismissal with prejudice and on the merits of that cer t a i n lawsuit entitled: State of Minnesota by The American Fundamentalist Church, a Minnesota Religious Corporation, and Reverend Douglas Page l. Individually and as Pastor of The American Fundamentalist Church, Plaintiff vs. The City of Eden Prairie / a Municipal Corporation, Defendant. Hennepin County District Court File No. 97-08661 3. The parties hereto agree to the Special Assessment in the amount of $7,200.00 assessed against the property owned by t h e Respondents. Further, Respondents agree not to object to said Special Assessment and withdraw any objection or appeal which m a y Page 3 have been taken against the Special Assessment. 4. The Respondents agree to waive any and all claims for any additional damages caused by the taking described in the Petition hereto, provided, however, that this waiver is a waiver only for the damages caused by the act of the taking itself. 5. The parties further agree that the $6,000.00 paid into Court by the City of Eden Prairie plus an additional $1,200.00 to be paid by Eden Prairie to the Respondents as and for the award described in paragraph 2 above, shall be immediately paid over to the City of Eden Prairie as and for payment of the Special Assessment in the amount of $7,200.00. The parties further stipulate and agree to the entry of an order by the Honorable 0. Harold Odland, Judge of District Court directing the Hennepin County District Court Administrator's office to release the $6,000.00 to the City of Eden Prairie. EACH OF THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY HAVE FULLY READ THE AGREEMENT, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, HAVE CONSULTED WITH LEGAL COUNSEL AND ARE ENTERING INTO THIS AGREEMENT FREELY AND VOLUNTARILY. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this :;(7 day of ii..4/1.4?.- , 19. THE AMERICAN FUNDAMENTALIST CHURCH Page 4 BASIC BIBLE CHURCH OF AMERICA, CH 8035 Its Dougl A. Page, as Trustee of Basic Bible Church of America, ch 8035 417., Douglas,g-15ige CITY OF EDEN PRAIRIE BY Its JAN/1600.017A 06-19-90 ,•••• ."` RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of March 19, 1991. FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated May 24. 1989, was executed by and between the City, and Robert H. Mason. Inc.. a Minnesota Corporation which Agreement was filed as Document No. 5540405 with the Hennepin County Recorder on June 6. 1989. The Agreement related to the property described therein as: Lots 1 through 30, Block I; Lots 1 through 10, Block 2; Lots 1 through 21, Block 3; and Outlots C, D, E, F, and G; Boulder Pointe, Hennepin County, Minnesota. Since the time said Agreement was filed, Outlots C and G, Boulder Pointe have been replatted into Lots 1 through 31, Block 1; Outlots A and B; Boulder Pointe West Townhomes; and Lots 1 through 51, Block 1 Boulder Pointe Townhomes respectively. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. - Page 2 - THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated May 24. 1989 filed with the Hennepin County Recorder as Document No. 5540405 on June 6. 1989. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE, A Municipal Corporation BY: Douglas B. Tenpas Its Mayor BY: Carl J. Jullie Its City Manager - Page 3 - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1991, by Douglas B. Tenpas and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Lang, Pauly & Gregerson, Ltd. 230 Suburban National Bank 300 Prairie Center Drive Eden Prairie, MN 55344 RELEASE.0 RFR/01-14-88 February 14, 1991 PROJECT: CHANGE ORDER NO. 5 Mitchell/Research Road Improvements West 76th St. Sidewalk Improvements Golden Triangle Drive Improvements Co. Rd. 1 Watermain Improvements RCM Project No. 831015-2 I.C. 52-051 LC. 52-110 I.C. 52-110 I.C. 52-149 TO: Northdale Construction Company, Inc. You are hereby directed to make the changes noted below in the Mitchell/Research Road Improvements Project. NATURE OF CHANGE: 1. Add berms, place riprap, filter blanket, creek outlet, saw and repair bituminous bike path, clean 3' of dirt out of walk through culvert twice and remove and replace 30' of curb and gutter, broken due to repair. This work was due to the Middle School drainage water being concentrated to this area and causing these problems. 2. During final clean up, the available topsoil is depleted and requires topsoil borrow to finish the project. 3. To place external air release piping at the watermain air release manhole near County Road I on Mitchell, as required by the Water Department. 4. Construct storm MH 44A, CB 44B, 104' of 12" PVC and a berm. Relay stub out of CB 44 to do this. This is to pick up concentrated drainage from old Research Road to east of Sta. 138+25. 5. Replace shrubs in sewer service ditch, Sta. 8+15 RT on Mitchell Road. Shrubs were transplanted but died. ADJUSTMENTS TO CONTRACT QUANTITIES AND COSTS: Add the following quantities and costs to the contract: For 1 above: Construct berms, riprap and do necessary clean up and repairs at box culvert. For 2 above: Furnish topsoil borrow. For 3 above: Place external air release piping LS I $14,190.44 CY 600 7.00 LS 1 319.76 $14,190.44 4,200.00 319.76 Page 1 of 2 For 4 above: Construct storm MH 44A, CB 44B, 104' of 12' PVC and berm. LS 1 4,485.78 4,485.78 For 5 above: Replace shrubs. LS 1 125.20 125.20 TOTAL INCREASE SUMMARY OF CONTRACT ADJUSTMENTS: Contract Amount Prior To This Change Order Net Increase Resulting From This Change Order Current Contract Amount Including This Change Order $23,321.18 $1.482,362.25 • 23.321.18 81,505,683.43 The Above Changes are Approved RCM ASSOCIATES, INC. CITY OF EDEN PRAIRIE By Date The Above Changes are Accepted NORTHDAtts STRUCTI N 'OMPANY, INC. By Date Page 2 of 2 ="n February 15, 1991 CHANGE ORDER NO. 2 PROJECT: Mitchell Road and Sandy Pointe Addition Improvements Eden Prairie, Minnesota City Project No. I.C. 52-156 and 52-201 RCM Project No. 10030.03 TO: Nodland Construction Company, Inc. You are hereby directed to make the changes noted below in the subject contract. These contract changes are to Part A and Part B, I.C. 52-201, Sandy Pointe Addition. NATURE OF CHANGE TO PART A OF CONTRACT: IA. Furnish and install a timber retaining wall to protect the remaining oaks along McGraw's property. Location Station 7+50 to 8+50 Mitchell Road, west side as per Eden Prairie Specifications. Maximum height .t 5 feet. 2A. Purchase borrow from Carlson property needed to complete deep sewer backfill in Mitchell Road. 3A. Due to easement problems, the Contractor and subcontractor had to move off the project and later remobilize when the easement agreement was reached. Terry Bros. Remobilization Nodland Remobilization 4A. Construct a swale, erosion protection, extra riprap and filter blanket for CB 22 inlet along Mitchell Road due to required low elevation for future development. NATURE OF CHANGE TO PART B OF CONTRACT: IB. Cost to transplant evergreen due to constructing the Corral Lane cul-de-sac and to transplant evergreens near power box for sanitary sewer excavation. 2B. Substitute 8" watermain for e watermain for a portion on project as on plans. 3B. Substitute 18" CL 5 RCP for 15' CL 5 RCP at Corral Lane and extend sub to Corral cul-de-sac with a new C.B. at cul-de-sac. Page I of 3 ADJUSTMENTS TO CONTRACT QUANTITIES AND COSTS: Add the following quantities and costs to the contract: PART A For IA. above: Furnish and Install: Timber Retaining Wall - 550 SF @ S9.00/SF For 2A. above: Granular Borrow - 3500 CY @ SI.15/CY For 3A. above: Terry Bros. Mobilization Nodland Constr. Mobilization Total Addition Lump Sum Lump Sum $4,950.00 $4,025.00 $862.00 2.850.00 $3,712.50 For 4A. above: CB 22 Inlet Erosion Protection Lump Sum $441.00 PART A: TOTAL ADDITION $13,128.50 PART B For I B. above: Transplant Trees For 2B. above: 8" D.I.P. Waterma in .411 LF @ S13.00/LF 8" Gate Valve - 2 EA @ S450.00/EA Total For 3B. above: 18" RCP CL V Storm Sewer - 43 LF @ S20.00/LF Eden Prairie Catchbasin - I EA @ S800.00/EA Total Lump Sum $229.50 $5,343.00 900.00 $6,243.00 $860.00 800.00 $1,660.00 PART B: TOTAL ADDITION $8,13250 Page 2 of 3 Deduct the following quantities and costs to thc contract: PAR T B For 2B above: 6" D.I.P. Watermain - 411 LF @ 511.00/LF 6" Gate Valve - 2 EA 0 $350.00/EA Lump Sum For 3B above: 15" RCP CL V Storm Sewer - 30 LF @ S19.00/LF PART B: TOTAL DEDUCT Contract Amount, Part A Increase to Part A Resulting From this Change Order Current Contract Amount Including this Change Order Contract Amount, Part B with Previous Change Order *1 Increase to Part B Resulting From this Change Order Total Part B Decrease to Part B Resulting From this Change Order Total Part B Total Contract Value Including This Change Order $4,521.00 700.00 $5,221.00 $570.00 $5,791.00 $577,433.00 13.128.50 $590,561.50 $133,152.10 8.132.50 $141,284.60 -5.791.00 $135,493.60 $726,055.10 Thc Above Chances are Approved RCM ASSOCIATES, INC. CITY OF EDEN PRAIRIE Date The Above Chances are Accepted NODLAND CONSTRUCTION COMPANY, INC. By :"/ Date / 1 /•/ Page 3 of 3 CHANGE ORDER #2 I.C. 52-152 Cedar Ridge Storm Sewer Improvements TO: City of Eden Prairie Changes made for work performed in this contract: NATURE OF CHANGES: 1. Add black dirt to Mrs. Meidinger's garder per Right-of-Entry Agreement. 2. Add trees per Right-of-Entry Agreement. 3. Add two 72" manholes. 4. Add three 30" RCP bends to avoid oak tree. 5. Add additional jacking to avoid conflict with County Road 4. ADJUSTMENTS TO CONTRACT COSTS: 1. Add labor and materials costs - $ 1,558.40 2. Add labor and material costs - 4,961.81 3. Add labor and material costs - 5,424.80 4. Add labor and material costs - 750.00 5. Add labor and material costs - 5 ,328.00 TOTAL $18,023.01 THE ABOVE CHANGES ARE APPROVED Engineer , Hanson Thorp Pellinen Olson City of Eden Prairie By 777-..(///(2Ark-A,,2% By Date ,T—(c./-?/ Date THE ABOVE CHANGES ARE ACCEPTED Contractor: Nodland Construction BY a ,1*///6d7z:7 Date 3- 5/- Original Contract Amount $282,999.00 Contract Amount To Date 287,569.00 Change Order #2 Increase 18,023.01 Current Contract with CO #2 $305,592.01 Contractor: Nodland Construction Engineer: Hansen Thorp Pellinen Olson Inc. Amoco - Edenvale Crossing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-37 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 5-91-PUD-2-91 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 5-91-PUD-2-91 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of March, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 5-91-PUD-2-91, 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 Minn. State. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 5-91-PUD-2-91 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 19th day of March, 1991. ATTEST: Douglas B. Tenpas, Mayor John D. Franc, City Clerk Amoco - Edenvale Crossing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-91-PUD-2-91 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 Community Commercial District and be placed in the Planned Unit Development 2-91-Community Commercial District (hereinafter "PUD 2-9I-Community Commercial). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 5, 1991, entered into between Amoco Oil Company, a Maryland corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 2-91-Community Commercial, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 2-91-Community Commercial is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD 2-91-Community Commercial is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD 2-91-Community Commercial are justified by the design of the development described therein. D. PUD 2-91-Community Commercial is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Planned Unit Development 2-9I-Community Commercial District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of February, 1991, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 19th day of March, 1991. ATTEST: John D. Franc, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of , 1991. EXHIBIT A PUD CONCEPT AMENDMENT PUD DISTRICT REVIEW Lots 1 and 2. Block 1, EDENVALE INDUSTRIAL PARK; Lots 1 and 2, Block 1, and Outlot 0, EDENVALE RECREATION CENTER; and Lots 1. 2, 3, and 4, Block 1, and Outlots A, B. and C, EDENVALE RECREATION CENTER 2ND ADDITION, Hennepin County, Minnesota. ZONING DISTRICT AMENDMENT, SITE PLAN REVIEW That part of Lot 2, Block 1, EDENVALE INDUSTRIAL PARK, according to the recorded plat thereof, Hennepin County, Minnesota, described as commencing at the northwest corner of said lot 2; thence South 86 degrees 17 minutes 23 seconds East, assumed bearing, along the north line of said lot 2, a distance of 29.50 feet; thence South 9 degrees 49 minutes 42 seconds West a distance of 15.09 feet to the point of beginning of the land to be described; thence South 86 degrees 17 minutes 23 seconds East, parallel with said north line of Lot 2, a distance of 168.00 feet; thence South 3 degrees 42 minutes 37 seconds West a distance of 196.00 feet; thence North 86 degrees 17 minutes 23 seconds West, a distance of 189.01 feet to a line that bears South 9 degrees 49 minutes 42 seconds West, from said point of beginning; thence North 9 degrees 49 minutes 42 seconds East a distance of 197.12 feet to the point of beginning. Amoco - Edenvale Crossing CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-91-PUD-2-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND - SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary:. This Ordinance allows amendment of the zoning of land located within the Community Commercial Zoning District for land located in the southeast corner of Mitchell Road and Martin Drive, 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: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) 2CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #91-35 A RESOLUTION GRANTING SITE PLAN APPROVAL FOR AMOCO OIL COMPANY FOR AMOCO FOOD SHOP WHEREAS, Amoco Oil Company has applied for site plan approval for construction of a 1,000 square foot building to be known as Amoco on 0.8 acres for construction of a gas station/food shop on property located in the southeast corner of Mitchell Road and Martin Drive zoned Community Commercial by Ordinance # 5-9I-PUD-2-91 adopted by the City Council on March 5, 1991; and, WHEREAS, the Planning Commission reviewed said application at a public hearing at its January 14, 1991 Planning Commission meeting and recommended approval of said site plans; and, WHEREAS, the City Council has reviewed said application at a public hearing at its February 5, 1991 meeting; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF' THE CITY OF EDEN PRAIRIE, that site plan approval be granted to Amoco Oil Company for Amoco Food Shop for construction of a 1,000 square foot building, based on plans dated March 1, 1991, subject to the terms and conditions of that certain Developer's Agreement between Amoco Oil Company, a Maryland corporation and the City of Eden Prairie, dated March 5, 1991, for said gas station/food shop. ADOPTED by the City Council on the 19th of March, 1991. Douglas B. Tenpas, Mayor ATTEST: John I/ Franc, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3 -91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.03, SUBD. 3. J. AND SECTION 11.30, SUBD. 2. A. AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAINS PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Section 11.03, Subd. 3. J. 1. and 2. of the City Code is amended to read as follows: 1. In all Districts except I-General, all raw materials, supplies, finished or semi-finished products and equipment shall be stored within a completely enclosed building: provided, however, that motor vehicles necessary to the operation of the prin_ipal use and of not more than three-quarters ton capacity may be stored or parked within the permitted parking lot areas. In 1-Gen Districts outside storage is permitted, provided it is screened in accordance with this Section. 2. In all Commercial Districts, all materials, supplies, merchandise or other similar matter shall be stored within a completely enclosed building, except merchandise or equipment offered for sale, rental or lease may be displayed out- side the confines of a building, provided the area occupied by the merchandise or equipment for that purpose shall not exceed 101 of the base area of the building constituting the principal use. Section 2. Section 11.03, Subd. 3. J. of the City Code is amended by adding 4. as follows: 4. No storage or display of any type is per- mitted in any Commercial or Industrial District within the one- half of the front or side street setback nearest the street nor within any side or rear setback. Section 3. Section 11.30, Subd. 2. A. of the City Code is amended to read as follows: A. Manufacturing, warehousing, wholesale,distribu- tion, processing, packaging, assembling, compounding, and accessory uses, conducted within a building. Section 4. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a • Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of • 199, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 199_. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the • 199_. day of Outside Storage and Display CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-30 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 3-91 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 3-91 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of March, 1991. — NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 3-91, 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 Minn. State. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 3-91 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 19th day of March, 1991. ATTEST: Douglas B. Tenpas, Mayor John D. Frane, City Clerk Outside Storage and Display CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 3-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.03, SUBD. 3.3. AND SECTION 11.30, SURD. 2. A. AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance amends City Code Chapter 11, Section 11.03, Subdivision 3.J.1. and 2., and by adding a new 4., to clarify regulations pertaining to outside storage and display in Industrial and Commercial Districts. Effective Date: This Ordinance shall take effect upon publication. ATTEST: John D. Franc, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) Village Knolls DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1991, by ARGUS DEVELOPMENT INC., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETII: WHEREAS, Developer has applied to City for Planned Unit Development Concept of 68 single family lots and one outlot on 42.7 acres within two construction phases; underlying Planned Unit Development District Review on 8.7 of said 42.7 acres, with waivers, and Zoning District Amendment within the R1-13.5 District on said 8.7 acres; and Preliminary Plat of said 42.7 acres into 23 single family lots, two outlots and road right- of-way for construction of 23 single family homes to be known as Village Knolls, all said 42.7 acres situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, said acreage hereinafter referred to as "the Property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #21-90-PUD-9-90, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: I. PLANS: Developer shall develop the Property in conformance with the materials revised and dated November 29, 1990, reviewed and approved by the City Council on December 4, 1990, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. STREET VACATION: Concurrent with and as part of the final plat for Phase I of the Property, Developer shall submit to the City a petition to vacate that portion of Chesholm Lane as depicted in Exhibit B, attached hereto. 4. UTILITY/STREET PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, interim irrigation systems, erosion control, and storm sewer for the Property, with storm sewer for Phase I of the Property to be directed to Homeward Hills Road. 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. LAND ALTERATION PERMIT: Prior to any construction or development of any development phase of the Property, Developer agrees to apply to the City Engineer, and to obtain the City Engineer's approval of a land alteration permit for such development phase. Said permits shall L';" include mitigation of tree loss for each phase, among other conditions and requirements. Developer acknowledges that the total inventory of trees to be removed from all the Property is 614 caliper inches and, therefore, Developer agrees, as part of the land alteration permit for the Property, as follows: A. Tree replacement requirement per City Code of 300 caliper inches for all the Property. Developer shall replace 100 caliper inches of trees within development Phase I of the Property and shall replace 200 caliper inches of trees within development Phase II. B. For each development phase of the Property, Developer shall submit to the City, and obtain the City's approval of a security in an amount sufficient to cover tree replacement that phase, in accordance with the requirements of City Code, Chapter 11. Upon approval by the City Engineer, Developer agrees to implement, or cause to be implemented, said land alteration permit, as approved by the City Engineer, in accordance with the terms and conditions of Exhibit C, attached hereto. 6. FORESTATION IN CONSERVANCY AREA: Developer acknowledges that, in addition to the planting of trees required by the tree preservation portion of the City Code, Developer shall be required to plant additional trees in the area designated as "proposed wooded area" located along the south sides of Lots 1, 2, and 3, Block 2, of Phase II, as depicted in Exhibit B, attached hereto. Prior to release of any land alteration permit for said Phase H, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of a forestation plan for the "proposed wooded area" which shall include details regarding species, quantity, size, and location of all trees to be planted for reforestation purposes. Developer agrees to use species of trees indigenous to the lowland areas of the Property. Developer further agrees to submit to the City, and obtain the City's approval of a security in an amount sufficient to cover 150% of the cost of such forestation, which shall remain in place for one full year beyond the date of planting of such trees, or until such time as such trees have survived one growing season, whichever is greater. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, said forestation plan, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 7. REMOVAL OF EXISTING WELL, SEPTIC SYSTEM, AND OUT-BUILDINGS: Prior to issuance by City of any permit for land alteration, grading or building on the Property, Developer agrees to submit to the Chief Building Official and to obtain the Chief Building Official's approval of, plans for demolition and/or removal of all existing structures, septic systems, and wells on the Property, except the existing house and garage on Lot 3, Block I, as depicted in Exhibit B, attached hereto. Prior to such demolition or removal, Developer shall provide to the City a certified check in the amount of $1,000.00 to guarantee the restoration of the Property to grade. 7 City agrees to return said certified check to Developer after the demolition or removal is completed and after it is verified by City that the structures, well, and septic system have been properly demolished or removed and that the Property has been restored to grade. 8. SIDEWALK AND TRAIL CONSTRUCTION: Prior to issuance by City of any permit for land alteration, grading or construction within Phase II of the Property, Developer shall submit to the Director of Parks, Recreation, and Natural Resources, and obtain the Director's approval of detailed plans for: A. A five-foot wide concrete sidewalk to be located along the west side of the public road, as depicted in Exhibit B, attached hereto. B. An eight-foot wide bituminous trail from Homeward Hills Road, westerly to the bridge at Purgatory Creek, as depicted in Exhibit B, attached hereto. Said trail location shall preserve natural vegetation, not to exceed a 10% grade, and shall be located outside of - the natural drainage swale. Developer shall be responsible for locating a sign at Homeward Hills Road indicating the trail entrance. Developer further acknowledges that no permit for building construction shall be issued by City for Phase II of the Property until such time as the trail is constructed. Upon approval by the Director of Parks, Recreation, and Natural Resources, Developer agrees to construct, or cause to be constructed, said sidewalk and trail, as approved by the Director, concurrent with grading and utility construction on the Property, and in accordance with the terms and conditions of Exhibit C, attached hereto. 9. PUD WAIVERS GRANTED: City hereby grants the following waivers to City Code requirements within the R1-13.5 District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD 9-90: A. Waiver from driveway setback from a lot line for Lots 2 and 3, Block 1, of Phase!, to allow for driveways closer than three (3) ft. to a side lot line, in order that such lots may share common driveways. B. Waiver from minimum lot size requirements for Lots 9 and 10, Block 1, and for Lots 3, 4, and 5, Block 2, of Phase Ito allow for a lot size smaller than 13,500 sq. ft. C. Waiver from mimimum lot frontage for Lot 3, Block 1, and for Lots 6 and 7, Block 2, all in Phase I, to allow for lot frontage of less than 85 ft. 10. FUTURE REVIEW OF PHASE II REQUIRED: Developer and City acknowledge that Planned Unit Development Concept approval, only, has been granted for Phase II of the Property and that Developer must return to the City for formal review of at least the following items prior to platting, utility or street construction, or building permit issuance within said Phase II: Preliminary Plat, Zoning District Amendment, PUD District Review. Village Knolls OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ARGUS DEVELOPMENT, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1991, by and between HUSTAD DEVELOPMENT 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 #21-90-PUD-9-90, amending the zoning of the property owned by Owner within the R1-13.5 District to the PUD #21-90-R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of , 1991, by and between Argus Development, Inc., a Minnesota general corporation, and City, Owner agrees with City as follows: 1. If Argus Development, Inc.,BDD Partnership 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. CITY OF EDEN PRAIRIE Douglas B. Tenpas, Mayor Carl J. Jullie, City Manager Village Knolls CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE #21-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF LAND WMIIN THE R1-13.5 ZONING DISTRICT, 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 amended within the R1-13.5 Zoning District. SECTION 3. That the proposal is hereby adopted and the land shall be, and hereby is amended within the R1-13.5 Zoning 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 19, 1991, entered into between Argus Development, Inc., a Minnesota, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Hustad Development Corporation, a Minnesota corporation, and the City of Eden Prairie, dated as of March 19, 1991, which Agreement and Owner's Supplement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of December, 1990, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 19th day of March, 1991. ATTEST: John D. Franc, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of , 1991. EXHIBIT A P.U.D. CONCEPT REVIEW AND PRELIMINARY PLAT The West 760.00 feet of the Southeast Quarter and the North 300.00 feet of the South 800.00 feet of the West Half of the South 3/4 of the Southeast Quarter all being in Section 26, Township 116, Range 22, and Lots 1 through 11, Block 1, Lots 1 through 14, Block 2, Outlot C and Outlot D, all being in Bluffs West as platted and of record in the office of the County Recorder, Hennepin County, Minnesota, excepting therefrom the plat of Bluffs West 7th Addition. P.U.D. DISTRICT REVIEW AND ZONING DISTRICT AMENDMENT That part of the North 300.00 feet of the South 800.00 feet of the West Half of the south 3/4 of the Southeast Quarter of Section 26, Township 116, Range 22, and that part of Lots 1 through 11, Block 1, and that part of Outlot C, Bluffs West as platted and of record in the office of the County Recorders, Hennepin County, Minnesota excepting therefrom the plat of Bluffs West 7th Addition described as follows: Commencing at the South Quarter corner of said Section 26; thence on an assumed bearing of North 0 degrees 23 minutes 57 seconds West, along the north-south quarter line, 163.03 feet to the point of beginning; thence continuing North 0 degrees 23 minutes 57 seconds west, a distance of 864.54 feet; thence South 84 degrees 59 minutes 38 seconds East; a distance of 169.97 feet; thence South 56 degrees 45 minutes 22 seconds east, a distance of 143.54 feet; thence South 48 degrees 51 minutes 55 seconds East, a distance of 278.92 feet; thence South 35 degrees 34 minutes 22 seconds East, a distance of 68.84 feet; thence South 23 degrees 28 minutes 16 seconds East, a distance of 74.51 feet; thence South 0 degrees 20 minutes 21 seconds East, a distance of 69.16 feet; thence South 7 degrees 49 minutes 28 seconds West, a distance of 72.85 feet; thence South 32 degrees 38 minutes 43 seconds West, a distance of 427.60 feet; thence South 79 degrees 08 minutes 47 seconds West, a distance of 328.14 feet to the point of beginning. Subject to easement of record and portions taken for streets. Village Knolls CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-70 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 21-90 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 21-90 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of March, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 21-90, 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 Minn. State. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 21-90 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 19th day of March, 1991. ATTEST: Douglas B. Tenpas, Mayor John D. Frane, City Clerk ' Village Knolls CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-90 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN THE R1-13.5 DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance amends the zoning of land within the R1-13.5 Zoning District located east of Homeward Hills Road at Silverwood Drive 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: John D. Franc, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-67 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 52-223 Bluffs East 8th Storm Sewer Improvements BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvement 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 improvements 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 19, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Franc, Clerk •••., CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property d e s c r i b e d below and herein petition for the Eden Prairie City Council t o p r o c e e d with making the following described improvements: (General Location) Sanitary Sewer Watermain X Storm. Sewer Bluffs East Eighth Addition Street Paving Other Pursuant'to M.S.A. 429.031, Subd. 3, the undersigned hereby w a i v e a n y public hearing to be held on said improvements, and further s t a t e a n d agree that the total cost of said improvements shall be speci a l l y a s - sessed against the property described below in accordance wit h t h e City's special assessment policies. We further understand th a t t h e preliminary, estimated total cost for the said improvements is$24,020.00 Street Address or other Legal Description of Property to be Served Names and addresses of Petitioners (Must be owners of record) Outlots C, E, F, G, H E and I of Creek Knolls Addition and Outlot C of Bluffs East Sixth Addition Creek Knolls Partnership (For City Use) Date Received Project NO. Council Consideration CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-69 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 52-224 Bluffs West 9th Street and Utility Improvements BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvement 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 improvements 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 19, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk tz:` CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: (General Location) X Sanitary Sewer Bluffs West 9th Addition (see attached) X Watermain X Storm Sewer X Street Paving Other 11 11 11 11 11 11 11 11 11 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 $215,888.50 Street Address or other Legal Description of Property to be Served Names and addresses of Petitioners (Must be owners of record) Cutlots B & C of Bluffs West 7th Addition Busted Development Corporation 72160 REERE-15 e - Eden Prairie, MN 55344 (For city Use) Date Received Project No. Council Consideration CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-68 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 52-225 Cedar Ridge Estates 2nd Street & Utility Improvements BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed improvement 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 esolution once in the official newspaper, and further a contract for construction of said improvements 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 19, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Franc, Clerk CITY OF EDEN PRAIRIE, MINNESOTA 100% PETITION FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with making the following described improvements: (General Location) Sanitary Sewer Watermain Scorn-Sewer Street Paving Other Cedar Ridge Second Addition per the attached preliminary layout 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 Description of Property to be Served See Attached Names and addresses of Petitioners (Must be owners of record) r e c 1:47 • .4.,4 Harry A. Roger, Fee Owner , 9100 Elt.n Prairie Road, Eden Prairie, MN JAWUSHOT, Pughaser under Contract for Dee( 300 S. Hwy. 169, St. Louis Park, MN by Lee W. Johnson, V.P./Project Manager (For City Use) Date Received -3— /Z— 7/ Project No. Council Consideration * A COMMENDATION from the CITY COUNCIL of the CITY OF EDEN PRAIRIE WHEREAS, the Eden Prairie community encourages and supports its youth in organized, competitive activities; and WHEREAS, the skills and values attained by participation in these activities help students to become responsible residents of Eden Prairie and of the nation; and WHEREAS, the City Council wishes to recognize excellence in achievements made by Eden Prairie students; NOW, THEREFORE, the City Council of the City of Eden Prairie commends the EDEN PRAIRIE HIGH SCHOOL GIRLS GYMNASTICS TEAM for its First-Place finish in the 1991 Minnesota Class AA State Tournament. The Council congratulates the Team for its fine achievement and applauds the positive recognition that team members have brought to Eden Prairie. Douglas B. Tenpas, Mayor on behalf of the City Council Richard Anderson Jean Harris H. Martin Jessen Patricia Pidcock SEAL: 457Z. MEMORANDUM TO: Mayor & City Council THROUGH: Carl J. Jullie, City Manager FROM: Natalie Swaggert, Director of Human Resources & Services SUBJECT: Requirement to Provide Hepatitis B Vaccination to at Risk Employees The Federal Government and State of Minnesota have adopted new Occupational Safety and Health Administration policies covering occupations with a risk of exposure to blood-borne diseases. One disease, Hepatitis B, is of key concern and has prompted development of new policies that require employers to do the following: 1. Identify employees in risk occupations. 2. Notify these employees of their risk and offer them Hepatitis B vaccinations. 3. Pay for the Hepatitis B vaccinations of those who elect to participate. The City has completed steps 1 & 2 and has identified 92 employess including volunteer fire fighters who wish to receive the vaccination. In order to provide the vaccinations efficiently and minimize costs, staff is recommending that Eden Prairie work cooperatively with other metro area cities and contract with the Bloomington Public Health Department to provide this service. By purchasing the vaccine in volume we will be able to provide the three part vaccination series for $140.00 per employee. This results in a total cost of $12,880.00. Because the requirement to provide this service was unknown during the 1991 budget process there is no provision for this expense in the current budget. At this time staff is requesting that the Council do the following: I. Approve the necessary funds ($12,880.00) to cover this expense. 2. Approve subject to confirmation by the City Attornery, the attached Agreement between the Cities of Bloomington and Eden Prairie for Provision of Hepatitis B vaccine. AGREEMENT BETWEEN THE CITIES OF BLOOMINGTON AND FOR PROVISION OF HEPATITIS B VACCINE This Agreement made this day of 1991, by and between the City of Bloomington ("Bloomington") and the City of (" ft ; WHEREAS, Hepatitis B is an infection of the liver caused by the hepatitis B virus; and WHEREAS, each year approximately 300,000 persons in the United States are afflicted with hepatitis B, more than 10,000 persons require hospitalization and an estimated 250 people die from the disease; and WHEREAS, persons who may be at risk of acquiring hepatitis B due to their job responsibilities include such governmental employees as nurses, paramedics, law enforcement personnel, and firefighters; and WHEREAS, a key strategy for preventing the spread of hepatitis B is to vaccinate individuals with a high risk of infection; and WHEREAS, Bloomington, through its Division of Public Health, has agreed to vaccinate employees of approximately 24 municipalities in order to minimize infection with hepatitis B; NOW, THEREFORE, the parties hereto, in consideration of the convenants thereinafter set forth, agree as follows: 1. Bloomington, through its Division of Public Health, will administer the Hepatitis B vaccine to any employee of who consent to be vaccinated. Each employee requesting immunization shall be required to sign a -2- Consent Form, which is attached hereto and marked Exhibit A, prior to being vaccinated. 2. Bloomington shall administer three (3) separate vaccines for each employee. 3. shall pay Bloomington the sum of One Hundred and Forty Dollars ($140.00) for each employee consenting to be vaccinated. On or before a date to be determined by Bloomington, shall remit to Bloomington the total amount of compensation from all employees of who have consented to be vaccinated. It is understood and agreed that such compensation from all employees of who have consented must be paid prior to Bloomington dispensing the vaccine. 4. Bloomington will conduct the vaccination program at ten to fifteen (10-15) separate clinics. Bloomington shall inform of the location of each clinic and provide a schedule for administration of the vaccine. 5. Bloomington shall provide to a report confirming that the consenting employees of received the Hepatitis B vaccine on three separate occasions. 6. It shall be the responsibility of to insure that its employees requesting immunization utilize the available clinics at the designated times. Bloomington shall not refund any payments to for employees who are not vaccinated because they failed to appear at a clinic during the times when the vaccine was being administered. 5 -.3- 7. Except as to negligence or intentional misconduct in the keeping, handling, storage and administration of the Hepatitis B vaccine, shall indemnify and hold harmless Bloomington, its officials, agents and employees from and against all claims, damages, losses and expenses arising out of or resulting from administration of the Hepatitis B vaccine pursuant to this Agreement. The parties agree that the provisions of this paragraph shall not be construed as a waiver by either party of the liability limits contained in Minnesota Statutes, Chapter 466. To the extent that, in any situation in which the indemnity is applicable, Bloomington would have been entitled to contribution or indemnification from parties manufacturing, processing or distributing any items or material used in connection with administration of the vaccine, including the vaccine, Bloomington agrees to assign such indemnity or right of contribution to CITY OF BLOOMINGTON By: Its Mayor By: Its Manager CITY OF By: Its Mayor By: Its CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-71 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer through HTPO has prepared plans and specifications for the following improvements to wit: I.C. 52-212 - Eden Hills Neighborhood Utility and Street Improvements and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL THAT: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published for 2 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 a.m., April 11, 1991, at City Hall after which time they will be publicly opened by the Deputy City Clerk and Engineer, will then be tabulated, and will be considered by the Council at 7:30 P.M., Tuesday, April 16, 1991, at the Eden Prairie City Hall, Eden Prairie. No bids will be considered unless sealed and accompanied by a cash deposit, cashier's check, hid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 19, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk '52 Li CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-62 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 19th day of February, 1991, fixed the 19th day of March, 1991, as the date for a public hearing on the following proposed improvements: I.C. 52-203 - Staring Lane/Ridge Road Street & Utility Improvements 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 19th day of March, 1991, 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 improvements, with the assistance of RCM, consulting engineers. ADOPTED by the Eden Prairie City Council on March 19, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk 5 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 01-39 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CUB FOODS FOR SUPER VALU STORES, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Cub Foods for Super Valu Stores, Inc., dated March 12, 1991, consisting of 11.75 acres into one lot, one outlot and road right of way, 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 19th day of March, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk (7 CITY OF EDEN PRAIRIE ( BOARD OF APPEALS AND ADJUSTMENTS NOTICE OF PUBLIC HEARING REGARDING VARIANCE REQUEST #91-007 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the Board of Appeals and Adjustments will meet at the following time and places: 7:30 PM Thursday, March 14, 1991 - Continued to April 11. 1991 At the Council Chambers, 7600 Executive Drive, Eden Prairie City Hall, Eden Prairie, MN 55344 to review and consider the variance request #91-007, submitted by Super Valu for property located at the northwest corner of 78th Street and Prairie Center Drive and south of Leona Road. Eden prairie, Minnesota, leciallY described as: See Reverse Side. The request is for a variance from City Code. Chapter 11 Section 11.03, Subdivision 2121_. al) to permit a front yard building setback of 14.5 feet. City Code ..fecruires a 35' front yard setback. Section .1.L-70 Sul—.----tivi.---.---.(--siorl 4 B 11 .--2--P----X--3divisi"Btoerm .t a Base Area Ratio of .237. City Code maximum Base Area Ratio is 2. ACp to permit wall signs on the west elevation of 493.86 square eet. City Code maximum permitted is 325 square feet. to permit wall signs on the east elevation of 59 square feet. a City Code maximum permitted is 300 square feet. 5 to permit a second free-standing sign of 80 square feet. City Code maximum size sign for a second free-standing sign is 36 square feet. q...11 to permit two sign bases of 69.96 square feet. City Code maximum sign base permitted is 40 square feet. 0 Section 11.50. Subdivision 7A- to permit a structure 14,5' from a road right-of- way. City Code requires a 50' setback according to the the Shoreland Management Code. g? to permit impervious surface for the site greater than 30%. ty Code maximum impervious surface coverage in a Shoreland area is 30%. Written or oral comments relating to this variance request will be heard at this meeting. Said variance application is on file for public review at the Planning Department at Eden Prairie City Hall. Published in the Eden Prairie News City of Eden Prairie March 28. 1991 PH91007 PLANNING DEPARTMENT APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCES COMM. Feb. 4, 1991 -4- Lambert indicated that we have not had any problems with their programs, and that we encourage their use of our facilities and recognize the great service they provide the metro area, including Eden Prairie. MOTION: Vanderploeg moved to recommend that Edenwood be offered a 50% discount on a family membership to the Community Center and that the daily user fee be wavied, as ARC provides a valuable service to families in the Twin Cities who are in desperate need. Karpinko seconded the motion and it passed 4-0. V. DEVELOPMENT PROPOSALS XI- A. Cub Foods Refer to staff report dated January 25, 1991. Cross reported that this site is located in the northeast corner of W. 78th St. and Prairie Center Dr. The developer is requesting a zoning change, site plan review and preliminary plat. Two variances are necessary because the setback will be less than 35' and for the runoff to go to Anderson Lakes would require extending the storm sewer and the construction of a storm water pond. the Commission discussed different styles of entrance monuments, the first of which will be constructed on the east building wall of Cub Foods. Cub Foods supports this idea and is willing to construct the wall and gateway monument. The wall, which would enclose loading areas, is 50' x 18'. Richard referred to the wooded outlot on the west side of the site and asked if the City had any interest in acquiring it for parkland. Cross said that it will be developed by Cub Foods in the future. The Commission discussed the landscape plan and questione whether there would be sufficient plantings to screen the building. Lambert said he did not feel it would be unreasonable to request to see a profile of the landscape plan. He added that staff could make a plan with their recommendations on where future flower bed plantings should be located and submit it to Cub Foods. 5'27; APPROVED MINUTES EDEN PRAIRIE PARKS, REC. 8, NATURAL RESOURCES COMM. Feb. 4, 1991 -5- MOTION: Richard moved to recommend approval of Cub Foods with the requirement that a landscaping plan be submitted to the Commission prior to the second reading. Karpinko seconded the motion and it passed 4-0. B. KMSP Refer to staff report dated January 11, 1991. Cross reported that this site is located in the northeast quadrant at the intersection of Prairie Center Dr. ____and,Viking Dr._ There are no existing trees and the sidewalks are already in place. The only concern was the height of the tower. It was compared with other towers in the area and found to be comparable. Baker asked what the tree replacement requirement is for areas that do not have existing trees. Cross said there are screening requirements. The Commission discussed several residential areas in the City that have very few, if any, trees. They talked about the possibility of a requirement for homeowners similar to the one for businesses. MOTION: Richard moved to recommend approval of KMSP Corproate Headquarters per staff recommendation. Joyer seconded the motion and it passed 4-0. C. Amoco Cross reported that this site is located at Edenvale Crossings which is east of Mitchell Road and north of McDonald's and Mexican Village. The PUD was approved earlier, but the site plan was not completed at that time. MOTION: Joyer moved to recommend approval of Amoco per staff recommendation. Richard seconded the motion and it passed 4-0. 5'7(7 City Council Agenda Tuesday, March 19, 1991 Page Three IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications I.C. 52-203 (Street and Utility Improvements on Staring Lane and Ridge Road) ResolutionNo. 91-62. B. Cub Foods. Request of Super Valu Stores, Inc. fqr Zoning District Change from R1-22 and PUB to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 9.81 acres; Adoption of Resolution 91-39, Preliminary Plat of 11.57 acres into 1 lot, outlot and road right-of-way for construction of a 73,000 square-foot building to be known as Cub Foods. Location: Northwest corner of 78th Street and Prairie Center Drive, south of Leona Road. (Resolution 91-39, Preliminary Plat; Ordinance 6-91, Zoning District Change.) Continued from February 19, 1991. C. Timber Lake Drive Townhomes. Request of the Pemtom Company for Zoning District Amendment within the RM-2.5 Zoning District on 2.11 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 2.11 acres for construction of 16 townhouse units in 4 buildings to be known as Timber Lake Drive Townhomes. Location: Northeast corner of Timber Lake Drive and Island Road. (Ordinance 8-91, Zoning District Amendment). D. Fairview Medical Health Clinic of Eden Prairie. Request by Fairview ‘0, \ Hospital and Healthcare Services for Comprehensive Guide Plan Amendment from Industrial to Office on 7.3 Acres; Adoption of Resolution 91-58, Planned Unit Development Concept Amendment on 17.4 acres; Zoning District Change from Rural and 1-2 to Office on 2.9 acres; Site Plan Review on 2.9 acres for construction of a 15,200 square-foot medical health care clinic to he known as Fairview Medical Health Clinic of Eden Prairie. Location: East of Prairie Center Drive and south of Technology Drive. (Resolution 91-58, PUD Concept Amendment; Ordinance 9-91, Zoning District Change). - .Q-D-r,--ieLecrt+cvrcco‘a--t 9! -lc ID V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY BOARDS, COMMISSIONS, AND COMMITTEES A. Public Discussion of Recommendation of City Hall Site Selection Subcommittee. IX. APPOINTMENTS A. Appointment to Human Rights & Services Commission (1-year term). PLANNING COMMISSION MINUTES - JANUARY 28. 1991 B. CUB FOODS (91-3-Z-P-SPR) Request of Super Valu Stores, Inc. for Zoning District Change from R1-22 and PUB to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 9.81 acres; and Preliminary Plat of 11.57 acres into 1 lot, 1 outlot and road right-of-way for construction of a 73,000 square foot building to be known as Cub Foods. Location: Northwest corner of W. 78th Street and Prairie Center Drive, south of Leona Road. A public hearing. Pat Groeper, representing the proponent, thanked Staff for it's time, support, and helpful suggestions to make this plan what it is today. Groeper stated that the 35- foot setback could not be met along the loading dock area because of the proponent's desire to completely enclose the dock area and, therefore, a variance was being requested. The proponent would construct Road A. Road A was proposed to align with the Eden Prairie Mall roadway so that signalization could be installed when determined necessary. Truck traffic would have a right-in only from 78th Street. Parking for 438 cars would be provided. Extensive landscaping would be provided and a screening wall would be placed along Prairie Center Drive to screen the building. The proponent requested the ability to move some of the trees around the entrance to the loading dock area if necessary. Groeper said that the cart corrals would also be screened with landscaping. A small green space area would be located along 78th Street. Utilities would be installed by the proponent. Groeper noted that the proponent would need to work further with Staff on drainage issues. The proponent proposed to petition the City to provide a feasibility study regarding the drainage problem. The exterior facing the west would be largely glass. Soldier coarsing and a panel style brick design would add character to the exterior of the building and help to mask the size. The canopy would be a green color to match the Eden Prairie logo. The dock area was as high as the building and was actually considered part of the building. Uram asked Groeper to comment on the construction schedule. Groeper replied that the proponent would like to begin construction this spring or early summer if the drainage issues could be resolved. Dave Kirsch, representing the proponent, stated that the proponent had tried to develop the project free of concerns. He noted that prior to the enclosure of the loading dock area the plan was in compliance with all setback requirements. Kirsch concurred that the drainage issue needed to be resolved before construction can proceed. Uram reported that Staff had been working with the proponent for approximately a year on this project. Cub Foods would construct a commercial grade street and dedicate the street to the City. The building space would be approximately 73,000 square feet. The setback variance was due to the enclosure of the loading - dock area. Uram recommended that the proponent petition the City for the feasibility study regarding the drainage issues as soon as possible. Uram stated that the signage package was important and noted that a maximum of 325 square feet of signage would be allowed and additional signage would not be permitted. Uram recommended that the 6-foot evergreens be increased to 8, 10, and 12 foot evergreens. He stated that the number of lights should be limited and the lighting color needed to be consistent. Sandstad asked if a ponding option had been considered regarding the drainage problems. Uram replied that the only location for a pond would be in Oudot A, which would not be feasible. He added that the storm drainage was currently going into Eden Lake. Norman asked what the Outlot was for and if it would be maintained by the proponent. Groeper replied that the proponent believed that the Outlot would be developed at a later date. Norman asked if Leona Road would become a through street. Uram replied no, because of the grade difference. Groeper added that the proponent would like to see Leona Road vacated. Norman believed that safety would be improved in the area if Leona Drive could become a through street. Groeper replied that Road A would allow access to Leona Road from 78th Street. Bye believed that the intersection at 78th Street would need to be signalized. She noted that it was already difficult to get in and out of the office building adjacent to this site. Bye asked when the trucks would make deliveries. Groeper replied that the majority of trucks would deliver during the late evening hours which are from 7 p.m. to 10 p.m. and weekends. Uram noted that the recommendation to enclose the trash compactor area should be added to the recommendations. Groeper stated that the area would be screened. Dick Lynch, 11426 Leona Road, asked how wide the proposed Road A would be. Groeper replied that the road would be 2 lanes (36-feet wide). Lynch asked what type of sewer lines would be installed. Groeper replied that would be constructed to City standards. Lynch asked who would pick up the cost to maintain Leona Road. Uram replied that Leona Road was not proposed to be upgraded at this time. Uram added that Cub Foods could not petition for the entire length of Leona Road to be upgraded. Lynch believed that Leona Road was not capable of handling traffic and questioned having an commercial Road A intersection with Leona Road which was not upgraded. Lynch did not believe that Leona Road would be petitioned for improvement. Norman asked Lynch how he felt about Leona Road being upgraded. Lynch replied that he did not want the improvements and especially did not want to be responsible to pay for the improvement. Uram noted that where the road would end was subjective at this point. Lynch asked what screening would be provided along the northern boundary of the parking lot. Groeper replied that the screening would be as presented on the plan and noted that the parking lot was 4-to-5 feet lower than Leona Road. Kirsch recommended consideration of ending Road A in a cul-de-sac. Hallett asked if development in this area would be speeded up because of the Cub Food store. Uram replied that development could not be predicted. Lynch questioned the lighting to be used for the parking lot. Groeper replied that the lighting would be downcast and would not spill onto adjacent property. She added that the poles would be approximately 40 feet high. Sandstad asked if Leona Road were upgraded if this would provide relief from traffic on 78th Street. Uram replied that this project was not subject to the upgrading of Leona Road. Sandstad recommended that the exterior design be constructed as per the proponents plan. Ruebling asked what the time frame would be for the drainage studies. Uram replied that as soon as the petition for the study was filed it would be given top priority. Ruebliog asked if additional landscaping could be provided along the front of the building. Groeper replied that greenspace was not available in the front of the building. Ruebling asked if provision would be made for turn lanes on Road A. Uram replied that turn lanes could be provided. Ruebling was concerned about stacking at the intersection. Ruebling asked if Leona Road could become a dead-end. Uram replied that this would depend on what the City wanted to accomplish. Uram added that traffic volumes might speed up the upgrade process. Ruebling added that he was concerned about the wear and tear on Leona Road. Uram noted that upgrading Leona Road would be a City Council decision; however, the Planning Commission could make recommendations. Norman believed that the proponent had presented a well thought out plan. She recommended that Leona Road be upgraded. Hallett did not support the upgrade of Leona Road if this would result as a cost to Lynch. Uram noted that Staff was not recommending an upgrade. He noted that if an upgrade were recommended as deferment of assessments may be avilable for Lynch. Hallett asked if Cub Foods was proposing anything different at this location because the corporate headquarters were located here. Groeper replied that the primary differences would be seen inside the store. MOTION 1: Bye moved, seconded by Sandstad to close the public hearing. Motion carried 5- 0-0. MOTION 2: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Super Valu Stores, Inc., for Zoning District Change from R1-22 and Public to C-Reg-Ser on 9.81 acres, with variances to be reviewed by the Board of Appeals, for construction of a Cub Foods store, based on plans dated January 14, 1991, subject to the recommendations of the Staff Report dated January 25, 1991, with the addition under Item D that a lighting plan be submitted for the loading dock area and that the trash compactor be enclosed. Motion carried 5-0-0. MOTION 3: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Super Valu Stores, Inc., for Site Plan Review on 9.81 acres for construction of a 73,000 sq. ft. Cub Foods store, based on plans dated January 14, 1991, subject to the recommendations of the Staff Report dated January 25, 1991, with the addition under Item D that a lighting plan be submitted for the loading dock area and that the trash compactor be enclosed. Motion carried 5-0- 0. MOTION 4: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Super Valu Stores, Inc., for Preliminary Plat of 11.57 acres into one lot, one outlot, and road right-of-way for construction of a 73,000 sq. ft. Cub Foods store, based on plans dated January 14, 1991, subject to the recommendations of the Staff Report dated January 25, 1991, with the addition under Item D that a lighting plan be submitted for the loading dock area and that the trash compactor be enclosed. Motion carried 5-0-0. :2, c MOT ION t Norman moved, seconded by Bye to recommend to the City to initiate a study to upgrade Leona Road to Street A. Motion carried 5-0-0. Bye supported strongly the Public Safety memo. 53q STAFF REPORT TO: Planning Commission FROM: THROUGH: DATE: SUBJECT: LOCATION: Donald R. Uram, Planner Chris Enger, Director of Planning January 25, 1991 Cub Foods Northwest corner of W. 78th Street and Prairie Center Drive, south of Leona Road APPLICANT: Super Valu Stores, Inc. FEE OWNER: Turner Development REQUEST: 1. Zoning District Change from R1-22 and Public to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board of Appeals. 2. Site Plan Review on 9.81 acres. 3. Preliminary Plat of 11.75 acres into one lot, one outlot and road right of way. nkk C:fiEg-SER N.;;;SOF EXECUTIVE OVERVIEW Staff is recommending approval of the Zoning District Change from R1-22 and Public to C-Reg-Service to allow for the construction of a 73,000 square foot Cub Foods. This approval is based on the design of the project and consistency with the Comprehensive Guide Plan. Major development issues relating to this project are identified as follows: 1. Land Use The location of this site at the intersection of Prairie Center Drive and West 78th Street makes this project highly visible. Because of this high visibility, it could be considered as a "gateway" site for the City of Eden Prairie. It could also be considered as the eastern entrance to the Major Center Area (MCA). Site lines developed by the proponent indicate that this project will be visible from approximately 1/2 mile to the east on I-494. Because of its location and high visibility, this site was previously envisioned as a hotel/convention center or corporate office location. However, development plans for this type of land use have not materialized because of market conditions. The current proposal is for a Cub Foods grocery store, which is consistent with the Guide Plan designation for a Regional Commercial land use. Due to the visual dominance of the site and the question of "highest and best" land use, site planning and design are all issues. 2. Building Architecture The following architectural and site planning techniques have been used to address the possible negative aspects of the use and make them positive design features: 1. The building's primary material is facebrick. 2. The loading facilities are enclosed within the building. 3. The front, sides and rear of the building all utilize similar architectural elements. 4. The landscape plan consists of 649.5 caliper inches of plant material and is designed to screen the parking areas and "soften" the building mass. 5. All signage is coordinated. The pylon sign is designed to match the architecture of the building. 6. All light standards will be coordinated with adjacent land uses. This includes pole style and color, fixture type and lamp color. 7. Mechanical equipment will be screened by standing seam metal panels. 8. The front building elevation incorporates the use of glass and canopy columns. 9. The side and rear elevations use brick patterns and panel "reveals" to add detail and break up the linearity and mass of the building. 10. Significant landscape islands are used within the parking lot for additional green space. In addition, staff has been working with Super Valu on a design for a "gateway monument" into the MCA which would be placed on the enclosed loading facility wall. By doing this, a possible negative aspect of the project has been turned into a positive one. 3. Utilities The existing storm sewer system in the area does not have the capacity to handle the development of this project site. The attached Engineering memo discusses the need to undertake an overall drainage study for this area to determine a solution. Because this site falls between watersheds, a preliminary study indicates that the runoff should go to Anderson Lakes. In addition to extending the storm sewer, the construction of a stormwater pond will also be necessary. The City will be initiate the study; however, a petition from Super Valu to do the work is suggested. Presenting a petition will enable the City to speed up the feasibility report process. 4. Traffic/Leona Road A previous traffic study for this site based on 104,075 square feet, which included a 67,600 square foot Cub Foods, was projected to generate 11,764 daily trips and 911 trips the p.m. peal hour. The current proposal is projected to generate 10,744 daily trips and 798 trips in the p.m. peak hour. The projected traffic volumes will not significantly effect the level of service at adjacent intersections. Leona Road, which is currently unimproved, abuts this property to north. Because Leona Road provides access to other properties in the area, a special assessment agreement is required for future upgrading. This agreement would become void if all parties agreed to vacate. Cub Foods has dedicated 70 feet of right of way and will construct Street "A" between Leona Road and West 78th Street. ADDITIONAL BACKGROUND The Comprehensive Guide Plan depicts this site and surrounding sites as Regional Commercial. Specific land uses and zoning classifications in the area include the Super 8 Motel, zoned C- Highway to the west; Welsh Companies, zoned Office to the east; First Bank, zoned Office to the south; and vacant property, zoned R1-22 to the north. The proponent is requesting a Zoning District Change from R1-22 and Public to C-Reg-Ser to allow for the construction of a 73,000 square foot Cub Foods grocery store. LAND USE Due to the location of this project at the intersection of Prairie Center Drive and West 78th Street, it is a highly visible site. Also, its location is important because it is at the entrance to the MCA. These two factors made the site desirable as a hotel/convention center or corporate office. Plans for this type of land use have not materialized, and now Cub Foods is proposing a 73,000 square foot grocery store. A grocery store is an allowable land use within the Regional Commercial Guide Plan designation. Because of this, the approval of this project is not based on the land use alone but on architectural and site planning issues which can make this an appropriate use. These include the screening of loading facilities from Prairie Center Drive, 1-494 and the adjacent land uses. It also includes the treatment of other grocery store operations such as truck loading and unloading, parking, storage of palettes and recycling bins. SITE PLAN/PRELIMINARY PLAT 1. The preliminary plat depicts the subdivision of the 11.56 acre site into one lot, one outlot and road right of way. Lot 1, the location of Cub Foods, is an 8.59 acre site, while the outlot to the west of Street "A" will contain 1.75 acres. Dedicated right of way of 1.22 acres includes an additional 10 feet for Leona Road to the north and 70 feet for Street "A". 2. Cub Foods is proposing a 73,000 square foot store on the 8.59 acre site at a Base Area Ratio (B.A.R.) of 19.5%. City Code allows 20%. A total of 438 parking spaces are required at a parking ratio of six spaces per 1000 square feet. The site plan depicts a total of 440 parking spaces. 3. Building and parking areas meet the minimum setback requirements for the C-Reg-Ser Zoning District with the exception of the building setback along the east property line. This is considered a front yard which requires a 35 foot setback. In order to screen the loading facilities from Prairie Center Drive and 1-494, the building was designed to enclose them. Because the loading facilities are enclosed rather than open docks, the building comes within 14.5 feet of a point along the east property line. A variance to allow this is necessary. 4. Access to this site will be from West 78th Street, Street "A" and Leona Road, which is currently unimproved. Access from West 78th Street will be a right-in only for trucks to provide service to the loading dock area to the rear of the building. Street "A" provides two full access points and is designed with a 70 foot right of way and a 36 foot pavement width according to commercial standards. Street "A" aligns with the access to the Eden Prairie Center directly to the south so that this intersection could be signalized in the future if warranted. 5. Because Leona Road provides access to adjacent properties, a special assessment agreement signed by Cub Foods is necessary for future upgrading (see attached Engineering Memo). BUILDING ARCIIITECTURE The Cub Foods store is designed to be rectangular in shape and is approximately 210 feet wide and 320 feet long. The majority of the building is 24 feet in height. Because of the size and linearity of the building, the architect has attempted to provide architectural relief on all building elevations. The front building elevation is designed with an enclosed cart area similar to Rainbow Foods and includes a 12 foot canopy. There are also columns and brick soldier coursing which add interest to the building. The other building elevations have been designed with relief created by 1/2 inch reveals at spaced intervals on the building. Due to the length and size of the building, I/2 inch reveals may appear insignificant from a distance. This could be resolved by "anchoring" the building at the corners. To do this, staff recommends that two, 6"- 12" pilasters be placed at each corner of the building. This includes one pilaster on the corner and one spaced a specified distance from the corner matching the distance between reveals. Also adding to the architectural variety are brick soldier courses, corbaling and spectraglaze accents at the corners. Primary building materials include face brick, rock faced block along the base of the building and a dryvit stucco canopy. The building is placed in an east/west direction with the front of the building facing Street "A". Because of this, the loading facilities face 1-494 and Prairie Center Drive. Site lines indicate that the loading facilities are visible from all directions. To resolve this issue, the building has been designed to enclose the loading and service area. This architectural treatment is similar to that used for Lunds. By enclosing the loading facility, a wall approximately 230 feet in length is located within 20 feet of the east property line. To take advantage of its high visibility, staff is proposing that a section of the wall become the first location for a "gateway monument" to the MCA. This would be accomplished by using about 800 square feet as a design feature identifying this area as Eden Prairie's "downtown". (see Entrance Monument memo) Rooftop mechanical equipment units are proposed to be screened by standing seam metal panels. GRADING Elevations on this site range from a high point of 900 in the northeast comer and the center of the site to a low point of 880 in the southeast corner. The site generally slopes from the north to the south. Due to the size of the building and parking areas, the entire project site will be graded. In order to construct the building pad and parking areas, a maximum ten foot cut will occur in the northeast corner. To do this, three, two foot retaining walls are proposed in the northeast corner to make up the grade difference. Minimal grading is required within City right of way for Prairie Center Drive to construct the project and install utilities. For screening purposes, a series of berms three to six feet in height are proposed around the perimeter of the site. A permit will be required for grading on City property in order to construct Street "A". Off-site grading is also proposed on the church property. Permission must be received from the landowner to complete this grading. UTILITIES Water and sanitary sewer services are available to this project site. There is an existing 12" water line and a 8" sanitary sewer line within West 78th Street. These services will be extended north in Street "A" to Leona Road to provide utility services to those properties to the north. Connections will also be made to service the proposed Cub Foods building and any building constructed on Outlot A. 53 7 Although there is a storm sewer system within this area, the storm water calculations have indicated that there is not enough capacity to handle the proposed storm water runoff from this site. (See attached Engineering memo.) LANDSCAPING Based on the size and height of the building, 456 caliper inches of plant materials are required for landscaping. In addition, there is 181 caliper inches of significant tree removal on the project which requires 100% replacement. The landscape plan provides for 649.5 caliper inches of plant material which meets the City Code requirement. The plan is designed primarily for the screening of the parking areas from Leona Road, West 78th Street and Street "A" The actual loading facilities will be screened by enclosing them within the building, while the entrance and exit doors will be screened by the extension of a screening fence. The landscape plan has taken into consideration the softening of this element of the building by providing plant material along the base of the building and screening wall. Because the loading facilities are open ended, it is possible to see into this area from Suburban Place office south across West 78th Street. Although you may not see the actual truck docks, it may be possible to see other activities such as pallet storage, recycling bins and other items associated with a grocery store. Also, any parked trucks waiting to enter the loading facility will be visible along the south building elevation. To help screen this activity, staff recommends that the 6 foot evergreens to the east of the right-in only be replaced with 8, 10 and 12 foot evergreens and final locations be subject to field location for most effective screening. OUTSIDE STORAGE The approval of this project is not only based on land use but on architectural and site planning issues. As mentioned, these include the screening of loading facilities and also the treatment of other grocery store operations such as truck loading and unloading, parking, storage of palettes and recycling bins. To ensure that these items do not become problems, staff recommends that Cub Foods acknowledge the following operating requirements with respect to the Property: I. All forward-buy (bulk storage of a certain product) shall be enclosed within the building. At no time shall any bulk storage items be stored in any other location on the Property. This includes a unattached semi-tractor trailer. 2. All pallets are to be stored within the enclosed loading facility. At no time shall pallets be stored in any other location on the Property, nor shall such pallets be stacked so as to be visible. 3. No sidewalk displays of materials, goods, supplies, equipment or any other item associated with the use shall be allowed. 4. No truck parking shall occur anywhere on the site. q",z7 Cub Foods shall agree to such operating requirements as part of the overall approval for the Property. They also acknowledge that any violation of any of said requirements will cause irreparable harm to the City of Eden Prairie and Cub Foods specifically acknowledges that City may seek to enforce said requirements by temporary restraining order or temporary injunction, as well as by all other remedies allowed to the City by law. In addition, Cub Foods agrees to pay all costs and expenses, including attorney's fees, which are incurred by the City in enforcing said conditions. TRAFFIC A traffic study was conducted in May, 1990 for First Western Development who originally proposed a Cub Foods on this site. The traffic study was based on a total of 104,075 square feet of building including a 67,600 square foot Cub Foods and a 36,475 square feet of retail space. Using the trip generation rates from the study, staff estimated the daily trips and the a.m./p.m. peak hour trips for the current proposal. Based on these figures, the daily trip generation would be reduced from 11,794 for the original proposal to 10,744 for the current proposal. A reduction in the number of trips in the a.m. peak hour from 119 10 77 and in the p.m. peak hour from 911 to 798 are also projected. Based on the existing traffic study, the projected traffic volumes for the current proposal will not significantly affect the level of service at adjacent intersections. The Eden Prairie Police Department has submitted a memo concerning the effect of this project on the intersections of U.S. 169/West 78th Street and U.S. 169/Leona Road (see attached). The traffic study conducted for First Western Development indicated a trip distribution for that proposal of 10% for the Leona Road/ U.S. 169 intersection, while 25% would use the West 78th Street/U.S. 169 intersection. All others would use West 78th Street/Prairie Center Drive intersection. The purpose of the street connection between Leona Road and West 78th Street is to provide an alternative for those vehicles which currently have to use the Leona Road/U.S. 169 intersection. The development of this project and the associated street connection will help to alleviate the traffic congestion at the Leona Road/U.S. 169 intersection. SHORELAND ORDINANCE This site is located within 1000 feet of Anderson Lakes and is subject to shoreland regulations. The regulation affecting this site is a maximum 30% impervious surface. The Cub Foods proposal is approximately 80%. Past variances have been approved based on the mitigation of the effect of stormwater run-off on adjacent wetlands. The overall drainage study will have to take this factor into consideration. LIGIITING Plans indicate lighting standards of 40 feet in height. Because of the difference in lighting standards used throughout the community, staff recommends that the lights used for this project match those existing in the area. This would include pole color, fixture type and lamp illumination color. SIDEWALKS There is an existing 8 foot bituminous trail on the north ace of West 78th Street. Concurrent with the construction of Street "A", a five foot concrete s,zewalk will be constructed along both sides of Street "A". The site plan shall be revised to ;77.-.--.de connections from the proposed sidewalks to the building. SIGNAGE Cub Foods is proposing two signs for this project. This '_:c:udes a front building sign which is proposed at 296.26 square feet. The Code allows for a 7_-.v.mum sign size of 300 square feet. A sign of this size will prohibit the addition of any other szl along the front building elevation. The floor plans for the building indicate a separate bank 3--xl pharmacy. It is anticipated that these tenants will want signage in the future. City Code sz.nes that for multi-tenant buildings, wall area is computed for each tenant based on the e=-.or wall area of the space that is occupied. The bank has an exterior wall area of 168 sc:-.L-e feet. This would allow for a sign area of 25 square feet. Staff recommends a sign pacla2e :e developed for the bank, pharmacy and Cub Foods with a maximum size of 325 square Cub Foods is also proposing a pylon sign located at the .:::ersection of West 78th Street and Street ""A. The sign is designed at the code maximum of i .C1 square feet. In order to meet other Code requirements, the sign must be reduced in width to 18" maximum, and the sign base to a maximum of 40 square feet. In addition, staff 7..^o. mmends that the pylon sign be redesigned to match the building architecture. STAFF RECOMMENDATIONS Staff recommends approval of a Zoning District Chan:. fr:..,m RI-22 and Public to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board C Appeals; Site Plan Review on 9.81 acres; and Preliminary Plat of 11.75 acres into one lot, o outlot and road right of way subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the landscape plan to reflect the re71-_,:t. ment of 6 foot evergreens by 8, 10 and 12 foot evergreens along the south ding, east of the right-in only for screening purposes. B. Submit a comprehensive sign package :".:r e bank, pharmacy and Cub Foods detailing size, color, letter style and on the building. The size of all signs shall not exceed 325 square feet. 7e sign package will be approved with no further signage allowed unless the approved plan. C. Redesign the pylon to meet the City Cock: requirements of a maximum 18" in width and a 40 square foot maximum sg. ise. The sign shall be designed to be architecturally compatible with the bui:,-;.±4. D. Provide a detailed lighting plan depicting pole type and color, fixture type and lamp illumination color. E. Submit material building colors and samples. F. Provide sidewalk connections to the building. 2. Prior to grading permit issuance, proponent shall: A. Receive permission from the church and City for grading off-site. B. Stake the grading limits with an erosion control fence. C. Notify the City and Watershed District at least 48 hours in advance of grading. 3. Prior to final plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, utility and erosion control plans for review by the City Engineer. 4. Sign a special assessment agreement with the City for the upgrading of Leona Road. This agreement will become null and void if all parties agree to vacate the existing right- -6 way. 5. Submit a petition to the City requesting an overall drainage study for the area to resolve the stormwater capacity problem. 6. Apply for and receive a variance from the Board of Appeals and Adjustments for a setback less than 35 feet from Prairie Center Drive. Mitigation for the reduced setback will be the construction of the enclosed loading facility, screening fence and landscaping. 7. Apply for and receive a variance from the Board of Appeals and Adjustments to allow for an impervious surface greater than 30% within a shoreland area. 8. Provide and construct "gateway monument" sign for the City. This is a building design element which is partial mitigation for the building setback variance. 9. Agree to the terms listed in the Outside Storage section. -MEMORANDUM- TO: Planning Commission TIEROUGH: Alan Gray, City Engineer FROM: Mary Krause DATE: January 24, 1991 SUBJECT: Engineering Comments STORM SEWER We recommend that a feasibility study be conducted on the storm sewer system for the Cub Foods site and adjacent areas for the following reasons: 1. A comprehensive storm sewer system for the Cub Foods site as well as adjacent undeveloped areas is needed. The existing storm sewer systems adjacent to these areas do not have hydraulic capacity to handle the run-off that will be generated when these areas are developed. a. The storm sewer system in West 78th Street that leads to Prairie Center Drive eventually outlets into Eden Lake. The contributing drainage area to Eden Lake does not include any of the Cub Foods site or adjacent areas. This existing storm sewer system is currently operating at its design capacity with regards to the Eden Lake water levels. Additional flow could raise the water level of Eden Lake, affecting the 100-year flood elevations. b. The storm sewer located in Prairie Center Drive north of West 78th Street flows north to Lake Smetana. The drainage area for this system does not include any of the Cub Foods site. 2. The majority of the Cub Foods site is designated as a contributing drainage area to Anderson Lakes. 3. The proposed storm sewer system for the Cub Foods site utilizes temporary on- site storage of the storm water within the parking lot area before discharge into the storm sewer. This temporary water storage would take place near the front of the parking lot where the highest density of parked vehicles would be. SPECIAL ASSESSMENTS ON LEONA ROAD An assessment agreement is recommended for future improvements to Leona Road along the north boundary of the site. Improvements to this street segment may be necessary to accommodate development at abutting property north of Leona. Improvements would benefit the Cub Food site as well as other properties. Future assessments to the Cub Food site would be based on one-half the cost of the street section constructed. The appropriate street section would be based on the proposed abutting land use. TRAFFIC Public Safety is concerned with the traffic capacity of the unsignalized intersections at Leona Road and West 78th Street with TH 169. The Engineering Division will coordinate review of these intersections with MnDOT. CONCLUSION: A. It is recommended that a comprehensive storm sewer system be studied for the Cub Foods site as well as adjacent undeveloped areas. The City of Eden Prairie will initiate the study. To speed this process up, we suggest that Cub Foods sign a petition requesting that the City of Eden Prairie undertake this Feasibility Study. This study should include: 1. Drainage areas 2. Sedimentation or treatment of storm water 3. Possible alignment for storm sewer placement 4. Storm sewer sizing 5. Outlet B. Intersections of Leona Road and W. 78th Street will be reviewed with MnDOT. C. An assessment agreement for Leona Road is recommended. City of Eden Prairie City Offices 7600 Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262 March 1, 1991 Ms. Pat Groeper Super Valu Stores, Inc. 101 Jefferson Avenue So. Hopkins, MN 55343 Subject: Cub Foods Variances - Dear Ms. Groeper: Variances are reviewed between the 1st and 2nd Reading at the City Council. Cub Food variances are scheduled for the April 11, 1991 meeting. A public hearing notice outlining all the variances is enclosed for your review. The following information will be needed from you: 1. A letter to the Board members supporting variance items #2 through #6. 2. Nine sets of the proposed sign plan for east elevation. Please call me if you need further clarification. Sincerely, Steve Durham Zoning Administrator GROEPER2.SD:bs ("nnesota Department of Tranaporti," Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 Telephone No Reply to 593 -8753 February 6, 1991 Mr. Chris Enger Director of Planning City of Eden Prairie 7000 Executive Drive Eden Prairie, Minnesota 55344 In Reply Refer To: C.S. 2745 TH 169 Cub Foods @ SE Quadrant of I-494/TH 169 Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: If current drainage patterns and runoff rates are maintained, the proposal will not affect highway drainage. The proposal should be reviewed by the Nine Mile Creek and Riley-Purgatory Creek Watershed Districts. The proposal may be inconsistent with planned 1-494 highway improvements. Specifically, the proposal conflicts with the proposed 1-494 eastbound off-ramp to Prairie Center Drive in that the proposed ramp may encroach upon the Cub Foods parking area. Coordination of this local action with planned Mn/DOT 1-494 highway improvements is recommended. The City should be aware that the proposal could generate up to 13,500 daily trips and up to 1,400 trips/hour during peak use periods. These figures were calculated using the 4th Edition of the ITE Trip Generation Handbook. ,....MINNESOTA 1990 An Equ.:,' 0:ro-turfly es'a Chris Enger February 6, 1991 Page Two Please note that the figures assume parking is available to accommodate the trips generated by a supermarket with the proposed square footage. If you have any questions in regard to our review of the plat please call me. Sincerely, Tim Henkel Transportation Planner cc: Steve Keefe - Metro Council Les Weigelt - Hennepin Co. DOT Mike Reiter - Hennepin Co. Surveyor City of Eden Prairie City Offices 7600 Executive Drive • Eden Prairie. MN 55344-3677 • Telephone (612) 937-2262 January 30, 1991 Ms. Pat Groeper Assistant Manager, Retail Development Super Valu Stores, Inc. PO Box 1451 Minneapolis, MN 55440 Dear Pat: At the January 28, 1991, Planning Commission meeting, the Cub Foods project was recommended for approval subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the landscape plan to reflect the replacement of 6 foot evergreens by 8, 10 and 12 foot evergreens along the south building, east of the right-in only for screening purposes. B. Submit a comprehensive sign package for the bank, pharmacy and Cub Foods detailing size, color, letter style and location on the building. The size of all signs shall not exceed 325 square feet. The sign package will be approved with no further signage allowed unless indicated on the approved plan. C. Redesign the pylon to meet the City Code requirements of a maximum 18" in width and a 40 square foot maximum sign base. The sign shall be designed to be architecturally compatible with the building. D. Provide a detailed lighting plan depicting pole type and color, fixture type and lamp illumination color. E. Submit material building colors and samples. F. Provide sidewalk connections to the building. G. Provide trash compactor screening which is compatible with building architecture. 2. Prior to grading permit issuance, proponent shall: A. Receive permission from the church and City for grading off-site. %egad Prow Ms. Pat Groeper January 30, 1991 Page Two B. Stake the grading limits with an erosion control fence. C. Notify the City and Watershed District at least 48 hours in advance of grading. 3. Prior to final plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, utility and erosion control plans for review by the City Engineer. 4. Sign a special assessment agreement with the City for the upgrading of Leona Road. This agreement will become null and void if all parties agree to vacate the existing right of way. 5. Submit a petition to the City requesting an overall drainage study for the area to resolve the storm water capacity problem. 6. Apply for and receive a variance from the Board of Appeals and Adjustments for a setback less than 35 feet from Prairie Center Drive. Mitigation for the reduced setback will be the construction of the enclosed loading facility, screening fence and landscaping. 7. Apply for and receive a variance from the Board of Appeals and Adjustments to allow for an impervious surface greater than 30% within a shoreland area. 8. Provide and construct "gateway monument" sign for the City. This is a building design element which is partial mitigation for the building setback variance. 9. Agree to the terms listed in the Outside Storage section. Items IA - 1G are required prior to City Council review which is scheduled for February 19, 1991. Please submit ten sets of revised plans by February 14, 1991. Sincerely, Um-Q--1,{\ Donald R. Uram, AICP Planner January 8, 1990 TO: Don Uram - Planning Dept FROM: Jim Schlossmacher / Molly Koivumaki - Police Dept SUBJECT: Proposed Cub Foods on W. 78th Street Upon reviewing the plans for the proposed Cub Foods on W. 78th Street and Prairie Center Drive, we have the following recommendation: - To provide for an efficient flow of vehicular traffic and to reduce the risk of serious injury or death from automobile crashes we recommend the installation of traffic control signals at the intersection of Hwy 169 and W 78th Street, or Hwy 169 and Leona Road. MEMORANDUM TO: Planning Commission FROM: Donald R. Uram, Planner THROUGH: Chris Enger, Director of Planning DATE: January 25, 1991 SUBJECT: Entrance Monuments to Eden Prairie Major Center Area INTRODUCTION To promote Eden Prairie and the Major Center Area (MCA), the City has been considering special methods of identification at entrances to this area. The purpose of these "gateway monuments" is to draw attention to and provide an identity for Eden Prairie's "downtown". Suggested locations include the Cub Foods site located at the intersection of West 78th Street and Prairie Center Drive, the Tower Square project located at the intersection of Prairie Center Drive and U. S. 169, the intersection of Highway 5 and Prairie Center Drive and at MNDOT' s facility on U. S. 169. These sites have been suggested due to their highly visible location. CURRENT STATUS The "gateway monument" idea is important now because of the opportunity we have to plan for and have constructed the first one on the east building wall of Cub Foods. This is possible due to the provision of a large screening wall at the east end of the Cub Foods building which provides an opportunity for its design as a "gateway" design feature. This wall, which is designed to enclose the loading facilities is located within 20 feet of the property line and is 230 feet long and 18 feet high. A section of the wall measuring 50 feet by 18 feet has been designed specifically as a location for a "gateway monument". Throughout the review process, Cub Foods has supported this idea and indicate a willingness to construct the wall and "gateway monument" subject to City approval. DESIGN CRITERIA Equally important to location is the design criteria for the "gateway monument" program. The criteria should be based on a concept of consistency and transferability so that the selected "gateway monument" can be used at other locations as suggested, and could be transferred to such things as kiosks, banners, building signs, etc. This concept will become increasingly important as the MCA continues to develop. Specific design criteria such as: color, size, letter style, sign material, logo, and name are items that need to be established. Some general guidelines are as follows: 1. Size of the monuments shall not exceed 300 square feet which is the maximum allowed by City Code. 2. Background building material should be the same brick and architectural style as the adjacent buildings. 3. • The same design should be used in all locations for consistency. ALTERNATIVES To begin the gateway design process, both Cub Foods and City staff have worked on sign designs and names for the area. The designs, which are based primarily on the Eden Prairie logo and letter style, will be presented at Monday night's meeting. Although at least 50 names have been considered, "Prairie Lakes Market Center" and "Eden Prairie Market Center" are favorites so far because of their tie in to Prairie Center Drive, which rings the area, and Eden Prairie Center, which is the retail heart of the area (see attached list). Because of the subjective nature of these decisions, Staff has identified three alternative processes which could be used for the selection of the Cub entrance monument. 1. Planning Commission and City Council could select one of Staffs designs and/or have it further refined. 2. Planning Commission and City Council could select one of Cub Foods' designs and/or have it further refined. 3. The City could solicit proposals from professional design firms to provide a "gateway monument" design and overall plan for all the monuments within the MCA of the City. If the Commissions or Council have other names or design ideas, suggestions would be appreciated. Prairie Town Center Prairie Town Square Prairie Town Plaza Prairie Retail Commons Prairie Commercial Place Prairie Town Place Prairie Place Prairie Town Location Prairie Business Location Prairie Business Position Prairie Image Prairie Lakes Prairie Lakes Business Exchange Prairie Central Prairie Center Prairie Commons Prairie Square Prairie Plaza Prairie Business Exchange Prairie Exchange Prairie Business Realm (ha ha) Central Business Exchange Central Square Prairie Central Commons Central Dominion Prairie Central Prairie Mercantile Exchange Primary Center Area Prairie Business Corridor Prairie Commercial Corridor Prairie Retail Corridor The Prairie Commercial Scene Prairie Lakes Commercial Vista Commercial Resource Area Downtown Resource Area Mainstreet Plaza Mainstreet Commons Prairie Market Center Prairie Market Commons Prairie Marketplace Prairie Storefronts Prairie Shopping District Prairie Business District Eden Prairie Business Commons Business Resource Area Urban Resource Vista Principal Image Effigy Picture Reflection Impression Conception Natural Vision Corridor Entry Vestibule Context Engerland Prairie World Eden Lakes Corridor The Corridor Community Commercial Corridor Prairie Lakes Corridor The View Regional Town Center Prairie Business Center Prairie Center City Lakeside Constellation Center Prairie Interstate Inter Prairie Interpralake Intereden Prairieopolis ItrGlrAgiri& I)14n 111171ENT OF NATURAL RESOURCES 'efLi10 XeGiOW WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106 PHONENO. 772-7910 January 18, 1991 Mr. Chris Eager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Eager: RE: PROPOSED CUB FOODS, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY We have reviewed the site plans (received January 4, 1991) for the above-referenced project (NEi Section 14, T116N, R22W) and have the following comments to offer: 1) The project site does not contain any ONR protected waters or wetlands; therefore, no DNR protected waters permit is required. 2) The site does not appear to be within a floodplain district. 3) If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriation permit. You are advised that it typically takes approximately 60 days to process the permit application. 4) A portion of the site is within the shoreland district of Anderson Lake (27-62P). The main concern we see is in relation to the impervious surface and stormwater management. It appears that the impervious surface greatly exceeds the city's limit of 30% for projects within a shoreland district. How does the city intend to address this inconsistency? If the impervious surface is allowed to exceed the city's standards, it will be especially important to have a good stormwater management plan for the site. The final destination of the stormwater is not clear in the site plan, however, we assume it is Anderson Lake. Stormwater sedimentation/treatment basins, or other appropriate stormwater treatment features, must be utilized before the stormwater reaches Anderson Lake. It appears that the area near catch basin #10 (northeast portion of the site) may provide some possible treatment, however, our information did not include any details. If this is the case, the city should ensure that the capacity is adequate and maintenance responsibilities are clear. (te AN EQUAL OPPORTUNITY EMPLOYER STATE OF FILENO Chris Enger January 18, 1991 Page Two 5) Grading is proposed in a steep slope area along the eastern side of the site. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water and Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 6) Vegetative screening should be adequate to screen the building when viewed from the shore of Anderson Lake. Thank you for the opportunity to comment. Please contact me at 772-7910 should you have questions regarding these comments. Sincerely, Cell Strauss Area Hydrologist C287:kap cc: Anderson Lake (27-62P) file • • 1; , THE RETAIL-SUPPORT December 31, 1990 Christopher M. Enger Director, Planning City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 SUPER VALU STORES, INC. Alk,GADDRESS: PDAKM1451.MINNEMOUS.MNS6140 RE: Proposed Cub Food Site Submission Dear Chris, Please accept this letter as a formal proposal requesting City approval for a zoning change, site plan review and preliminary platting of the attached legally described parcels. Super Valu has acquired a 30 day option on this parcel to pursue the above mentioned approvals in order to build and own a Cub Foods store. Our desire would be, if approvals are obtained, to be under construction in the early part of summer "91". The property is located at the north west quadrant of West 78th Street and Prairie Center Drive. The total property is 11.57 acres. From this total, 1.22 acres are designated to street right of way, 1.76 acreas are designated to the outlot at the west edge of the property (We are not requesting a zoning change on this outlot). The remaining 8.59 acres are designated for a Cub Foods. The Cub Foods is proposed to have 67,510 square feet main level (B.A.R. = 0.18) with future expansion at 7,349 square feet (B.A.R. = 0.20). The following is the square footage breakdown. Retail Office Prep. & Storage - 48,636 sq. ft. - 1,200 sq. ft. - 17 674 sq. ft. 67,510 sq. ft. The parking layout exceeds the ordinance requirement for the 67,510 Cub Foods, however, is deficient by 6 spaces should the future addition be constructed. The roof top mechanical equipment is appropriately screened as indicated on plan sheet E-1. Exterior elevations, along with proposed building materials and signage are also shown on plan sheet E-1. One free standing pylon sign at 80 sq. ft. is located on the site. 191411.•AS....‘ %P.JEAPOLS C,VISON 101 JEFFERSON AVENUE SOUTH • HOPKINS, MINNESOTA 55343 • PHONE 15121932-4300 Christopher M. Enger 12/31/90 Page 2 As suggested by and with the cooperation of the City Planning Staff, the entire loading area will be enclosed, which will require the only variance request with this application. Additional screen walls are integrated into the east edge of the site to compliment the loading enclosure. Site lighting will accomplish the security and safety requirements for this site. Free standing 40 ft. light standards with high pressure sodium luminary will be placed in the parking lot. Wall mount lighting will be provided around the building. Lighting will be directed down to minimize glare. Refer to the site plan for proposed placement. Site grading has been completed to integrate the project with the site, accommodating proper drainage and minimizing off site visual concerns. Slopes existing and proposed do not exceed 3 to 1. The off site grading is proposed mainly to accommodate utility and road construction and to provide a uniform transition with the loading area enclosure. The site lies in flood zone C (minimal flooding) and we are not aware of any adverse affects on wild life or shoreline management areas. Please refer to the enclosed plan for more detailed information. Sheet 1 Site Plan Sheet 2 Preliminary Plat Sheet 3 Grading, drainage and erosion control Sheet 4 Utility Plan Sheet 5 Landscaping Plan Sheet 6 Tree Survey - Topo/Boundary Sheet 7 Illustrative sight sections Certification of survey Sheet R-1 Fixture Plan Sheet E-1 Exterior elevations We would like to reiterate our appreciation for the assistance the entire planning staff has provided in developing the plans for this project. We will be available to answer any questions which may arise and to provide supplementary data if needed. Pat Groeper Assistant Manager Retail Development PAG/dt LEGAL DESCRIPTION (7 from Certificate of Survey Prepared By EGAN, FIELD, NOWAK, INC., SURVEYORS To Turner Development Corporation, Super Valu Stores, Inc and Chicago Title Insurance Company SURVEY FOR: Greenberger, Krauss 2, Jacobs DESCRIPTION: (As contained in Chicago Title Insurance Company Commitment No.c 2407427): PARCEL I: Those parts of Lots 1 and 2, Block 2, Flying Cloud Center lying Southeasterly of the following described line: Beginning at a point on tne North line of said Lot 1 distant 164.47 feet East of the Northwest corner of said Lot 1: thence Southwesterly parallel with the Westerly line of said Lots 1 and 2 to the Southerly line of said Lot 2 and said line there terminating and all that part of the adjoining vacated Titus Road dedicated in the plat of Flying Cloud Center which lies West of the East line of Lot 10, Auditor's Subdivision No. 335, Northerly of the North line of 78th Street and South of the North line of said plan, all as shown on said plat, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County. (Certificate of Title No. 662976) PARCEL 2: Lot 4, Block 2, Leona Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (Certificate of Title No. 661370) PARCEL 3: Lots 1 and 2, Block 2, all in Leona Addition, according to the plat thereof on file and of record in the office of the County Recorder in and for Hennepin County, Minnesota. (Certificate of Title No. 663027) PARCEL 4: The Easterly 109 feet of that part of Lot 6, "Auditor's Subdivision Number 335, Hennepin County, Minnesota', described as beginning at the Southwest corner of Lot 5, said Auditor's Subdivision, thence North along the West line thereof a distance of 324 feet, thence East parallel to the South line of Lots 5 and 6 a distance of 672.22 feet, thence South parallel to the West line of said Lot 6 a distance of 324 feet to the South line thereof, thence West along the South line of said Lots 6 and 5 a distance of 672.22 feet to the point of beginning, according to the recorded plat thereof and situate in Hennepin County, Minnesota. (Certificate of Title No. 663028) PARCEL 5: Lot 3, Block 2, Leona Addition, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. (Certificate of Title No. 661195) PARCEL 6: Lot 1, Block 1, Leona 2nd Addition, according to the plat thereof on file or of record in the office of the Registrar of Tiltles in and for said County of Hennepin, State of Minnesota. (Certificate of Title No. 682005) PARCEL 7: Lot 2, Block I, Leona 2nd Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County of Hennepin, State of Minnesota. (Certificate of Title No. 686336) PARCEL 8: Lots 1 and 2, Block 1, Flying Cloud Center, according to the recorded plat thereof, together with that part of Titus Road north of West 78th Street, which accrued thereto by reason of the vacation thereof. Dated: Nov. 21, 1990, Bruce W. Grivna, RLS No.17253 347 PLANNING COMMISSION MINUTES FEBRUARY 25. 1991 TIMBER LAKE DRIVE TOWNHOMES by The Pemtom Company. Request for Zoning District Amendment within the RN-2.5 Zoning District on 2.11 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 2.11 acres for construction of 16 townhouse units in 4 buildings to be known as Timber Lake Drive Townhomes. Location: Northeast corner of Timber Lake Drive and Island Road. Tom McCarthy, representing the proponent presented plans for the sixteen units to be developed on the four remaining lots. Extra parking spaces would be provided for guest parking and a fire hydrant would be added. The landscaping plan would be revised to provide additional screening. The price range for the homes would be between $80,000 and $90,000 with an average of 1730 square feet of floor space. Uram reported that this was an inf ill project. Staff had tried to make the proposed units as consistent as possible with the existing units. Variances would be necessary for side yard setbacks throughout the project and a front yard setback on Parcel C. Uram stated that residents had pointed out an existing erosion problem on the outlot which would need to be addressed. Hennepin County had requested and additional four feet of right-of-way for County Road 4. Uram noted that there was still a question as to whether the colors and architecture would fit in with the existing neighborhood. McCarthy stated that the architectural design was as close to the existing homes as possible. The siding would be a maintenance free siding. Hallett asked when County Road 4 would be upgraded. Uram replied possibly in 1994 or 1995. Geri Olsen, 7964 Timber Lake Drive, stated that she lived in one of the existing upper units. She added that she would have six windows facing the proposed development. Olsen stated that when she purchased her unit she had paid an extra $4,000 for the view of the lake and was concerned with the proposal because if developed as planned she would only be able to see approximately ten feet of the lake. Olsen was concerned about the height of the new buildings in relation to the existing units. Uram replied that the units would be at the same height. Olsen asked if the building could be brought back further from the lake and turned. McCarthy believed that moving the building back would create driveway problems. Uram replied that the building could be moved toward the property line approximately five feet and the building could be tilted to a minor degree. Uram recommended approval of the project with the understanding that these items be addressed by the proponent. Hallett asked if the proponent would be open to these recommendations. Norman asked if the additional parking spaces could be moved. Uram replied that Staff had recommended the extra parking spaces and noted that moving them would be difficult due to the location of the property line. Olsen stated that she would like to see the additional parking spaces removed from the plan entirely. She believed it would ruin the landscaping. Uram stated that the parking spaces were recommended for convenience based on observations in other similar facilities. Olsen asked if the sidings would be compatible. McCarthy replied that the siding proposed was vertical, while the existing homes were horizontal. Olsen stated that she would like to see uniformity as much as possible. Ruebling asked if it would be possible to move the building to the west. Uram replied yes. Ruebling then asked if the sidings would be compatible. Uram replied that samples were required prior to City Council review. Mark Weber, 7966 Timber Lake Drive, stated that he was not opposed to development on these lots; however, believed that it was important for the units to be compatible with the existing neighborhood. Weber asked if the footprint would be larger than the existing units. Uram replied yes. Weber then recommended that the units be moved as far away from the existing units as possible. He added that it was important that the units fit in with the neighborhood regarding color, size, and architecture. Weber stated that he was also concerned with the impact on the view of the lake. Norman asked if the proposed units would be part of the homeowners association. McCarthy replied yes. Dennis Elliott, president of the homeowners association, stated that the association would like to see the building brought back as far as possible to the west. He added that the association and the developer had worked together to try to maintain the compatibility with the existing units. Norman asked Elliott how the association viewed the additional parking spaces. Elliott stated that he believed the spaces to only be temporary. Elliott asked the price range of the units. McCarthy replied that the units would be priced between $80,000 and $90,000. He added that the developer would try to keep the pricing in this range for marketing purposes. Ruebling asked if the square footage of the proposed units would be larger than the existing units. Weber replied that the proposed square footage would be larger than his unit. NOTION 1: Hallett moved, seconded by Sandstad to close the public hear i n g . Motion carried 5-0-1. Dodge abstained. poTIo 2: Hallett moved, seconded by Bye to recommend to the City Cou n c i l approval of the request of Pemtom Company for Zoning Dist r i c t Amendment within the RM-2.5 District on 2.11 acres with va r i a n c e s to be reviewed by the Board of Appeals, for construction o f 1 6 townhouse units, to be known as Timber Lake Drive Townhomes, b a s e d on plans dated February 8, 1991, subject to the recommendati o n s o f the Staff Report dated February 22, 1991, with the additions o f t h e following: The building on Parcel D be moved to the southw e s t a n d siding samples be submitted to the homeowners association an d C i t y Council. Motion carried 5-0-1. Dodge abstained. NOTION 3: Hallett moved, seconded by Bye to recommend to the City C o u n c i l approval of the request of Pemtom Company for Site Plan Rev i e w o n 2.11 acres for construction of 16 townhouse units in f o u r buildings, to be known as Timber Lake Drive Townhomes, ba s e d o n plans dated February 8, 1991, subject to the recommendations o f t h e Staff Report dated February 22, 1991, with the additions o f t h e following: The building on Parcel D be moved to the southwe s t a n d siding samples be submitted to the homeowners association an d C i t y Council. Motion carried 5-0-1. Dodge abstained. tol 2. Site Plan Review on 2.11 acres for construction of 16 units in 4 buildings. BACKGROUND This site is currently guided Medium Density Residential and was zoned RM-2.5 according to a 1984 PUD. The approved PUD depicted a total of 44 units on this site in 11 buildings. A total of 7 buildings (28 units) have been constructed. Surrounding land uses in this area include the Elim Shores senior residential project, zoned RM-2.5 to the north and Lake Park townhomes, zoned RM-6.5 to the south. SITE PLAN The site plan depicts the construction of 16 townhouse units on the remaining four vacant lots within this project. The proposal meets the density requirements of the Medium Density Guide Plan designation and the RM-2.5 Zoning District. STAFF REPORT TO: Planning Commission FROM: THROUGH: DATE: SUBJECT: APPLICANT/ FEE OWNER: Donald R. Uram, Planner Chris Enger, Director of Planning February 22, 1991 Timber Lake Drive Townhomes The Pemtom Company LOCATION: Northeast corner of Timber Lake Drive and Island Road REQUEST: 1. Zoning District Amendment within the RM-2.5 Zoning District on 2.11 acres with variances. AREA LOCATION MAP Building and parking areas meet the minimum setback requirements in the RM-2.5 Zoning District with the exception of a front yard setback to parking for Parcel C and side yard setbacks throughout the project. Side yard setback variances are common in a townhouse project. The proponent has applied to the Board of Appeals and Adjustments for these variances. The parking requirement for townhomes is two spaces per unit with one enclosed. A double car garage and two exterior parking spaces are proposed for each unit. The developer is also providing eight additional guest parking stalls. Access to the site would be provided by existing driveways from County Road 4 and Timber Lakes Drive. Individual site access for each of the lots will be provided from the existing driveway within the project. Hennepin County is requesting an additional four feet of right-of-way for the County Road 4 upgrading. Because the property is not being platted, the City cannot require the developer to dedicate the additional land. However, when this right-of-way is acquired by the County, the building on Parcel A will be within the front yard setback. The plans shall be revised to reflect a 35 foot front yard setback after the County taking. GRADING Since this site is level, overall grading is minimal. Proposed grading will maintain the existing berm on Timber Lakes Drive. Additional berming will also occur along County Road 4 adjacent to Parcel A for screening purposes. ARCHITECTURE A single quadraplex building style is proposed. In order to help fit in with the adjacent buildings, similar building materials and colors should be used. Building material samples and colors shall be submitted prior to Council review. LANDSCAPING For a project of this size, a total of 130 caliper inches of plant material is required. The landscape plan meets the minimum requirements. UTILITIES All utilities proposed within this project will be private. Sewer and water service can be provided by connections to existing sewer and water services in the existing private driveway. Storm water runoff will be collected within existing catchbasins and discharged into Mitchell Lake. An erosion problem caused by the existing discharge shall be corrected with this development. STAFF RECOMMENDATIONS Staff recommends approval of the request for Zoning District Amendment within the RM-2.5 Zoning District on 2.11 acres with variances and Site Plan Review on 2.11 acres for construction of 16 townhouse units in four buildings based on plans dated February 8 and February 13, 1991 subject to the recommendations contained in the staff report dated February 22, 1991, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the plans to provide a 35 foot front yard setback to the building on Parcel A to accommodate the taking of four feet of additional right-of-way, B. Provide samples of colors and building materials for the buildings. C. Agree to correct the erosion control problem to Mitchell Lake from the existing catchbasin system. D. Submit storm water runoff, erosion control and utility plans for review by the City Engineer and Watershed District. 2. Prior to building permit issuance, proponent shall pay the appropriate cash park fee. 3. Apply for and receive variances for front and side yard setbacks from the Board of Appeals and Adjustments. DEPARTMENT OF THE ARMY ST PAUL DISTRICT CORPS OF ENGINEERS 1 ,121 US POST OFFICE A CUSTOM NOOSE ST PAUL. MINNESOTA SS101.1479 AfftvIO WEWONOF Construction-Operations Regulatory (91-1295N-12) February 22, 1991 Planning Director Department of City Planning 7600 Executive Drive Eden Prairie, Minnesota 55344 Our office was provided with plans for several project sites within the - City of Eden Prairie. We were asked to evaluate the projects and determine whether Corps of Engineers permits would be required. Under Section 404 of the Clean Water Act the Corps regulates the placement of dredged or fill material into waters of the United States, including wetlands. Listed below are the various projects which we reviewed and a discussion of whether the project would involve the placement of material into wetlands. *Fairview Clinic - this appears to be an expansion of an existing facility south of the intersection of Prairie Center Drive and West 78th Street. No wetlands appear to be on this site, therefore, grading and filling for this project would not require a permit from the Corps. (Corps file number 91-442J- 12) * Townhomes of North Bay - construction of multi-unit housing within an existing development east of Mitchell Lake and west of County Road 4. No permit would be required from the Corps, because no wetlands would be filled as a result of the project. (Corps file number 91-441J-12) * KMSP building site - project site is bordered by Viking Drive, Prairie Center Drive and Crossroads Retail Center. No permit would be required from the Corps, because no wetlands would be filled as a result of the project. (Corps file number 91-409J-12) * Welter Purgatory Acres 6th - a 7 lot housing development south of Sunnybrook Road. A wetland complex is located along the east side of this development. It appears that some wetland filling/grading could be required for this project. Within the Corps regulations is a provision, referred to as a nationwide permit, which authorizes minor wetland fill projects. This nationwide permit authorizes wetland fills up to 10,000 square feet in some areas and up to 1 acre in others. In this particular project area the nationwide permit allows the filling of 10,000 square feet of wetland. It appears the amount of wetland encroachment at this site would be minor enough to fit within the scope of this nationwide permit limit. Potential lot buyers should be informed that - Corps permits could be required if they plan to increase the size of their yards by grading or filling into the wetland. (Corps file number 91-1173N-12) * Walt Carpenter site - proposed fill area north of Valley View Road at 101,47 DEPARTMENT OF PUBLIC WORKS 320 Washington Avenue South Hopkins, Minnesota 55343-8468 HENNENN PHONE FAX TDD (612) 930-2500 (612) 930-2513 (612) 930-2696 February 6, 1991 Chris Enger Planning Director City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Enger: RE: Proposed Plat - Townhomes of North Bay CSAH 4, northwest quadrant of CSAH 4 and Timber Lake Drive Section 17, Township 116, Range 22 Hennepin County Plat No. 1905 Review and Recommendations Minnesota Statutes 505.02 and 505.03. Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and have the following comments: - The proposed plat is within the project limits of Hennepin County Project No. 9016. This project is currently in preliminary design. The developer should contact either Bruce Polaczyk, P.E., at 930-2523 or Steve Theis, P.E., at 930-2528 for project coordination. - Based on current alignment data and road design requirements, Hennepin Coun t y needs approximately 4 feet of additional right of way, along the plat's frontage with CSAH 4, to accommodate the proposed road improvement (see attachment). Th e developer should dedicate the needed additional right of way. - As shown on the proposed plat, all new development must use the existing access. No new access from the plat to CSAH 4 will be permitted. - The developer should provide access for Outlot E, Timber Lakes, via either or both the existing private road for The Townhomes of North Bay or the existing city street, Timber Lake Drive. This action precludes the need for future additional access to CSAH 4. - All proposed construction within County right of way requires eithe an appro v e d utility permit or entrance permit prior to beginning construction. The utili t y permit includes, but is not limited to, drainage and utility construction, trail development, and landscaping. Contact our Permits Office, 930-2549, for utility permit forms. HENNEPIN COUNTY rn on equalopportunityemployer / Chris Enger February 6, 1991 Page 2 - The developer must restore all areas, within County right of way, disturbed during plat construction. Please direct any response or questions to Doug Mattson at 930-2675. Sincerely, Dennis L. Hansen, P.E. Transportation Planning Engineer DLH/DBM:gk Attachment &le Cnnesota Department of Transport?( Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 January 31, 1991 Reply to Telephone No 593 -8753 Mr. Chris Enger Director of Planning City of Eden Prairie 7000 Executive Drive Eden Prairie, Minnesota 55344 In Reply Refer to: TH 5 & CSAH 4 The Pemtom Company Townhomes of North Bay Eden Prairie Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development and have no comments. This property does not abut the existing or proposed trunk highway system or county highway and does not require state comment unless it meets requirements of the pamphlet "Mn Environmental Ouality Board Environmental Review Program 4410.0200 to 4410,7800. If you have any questions in regard to our review of the plat please call me. Sincerely, Timothy A. Henkel Transportation Planner cc: Steve Keefe - Metropolitan Council Les Weigelt - Hennepin County DOT Mike Reiter - Hennepin County Surveyor Ceielitat 1990 ID1 An Equal Opportunity Employer CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION # 91-58 A RESOLUTION APPROVING THE FAIRVIEW MEDICAL HEALTH CLINIC OF EDEN PRAIRIE PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL DATASERV PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Fairview Medical Health Clinic of Eden Prairie development is considered a proper amendment to the overall DataServ Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Fairview Healthcare Services for PUD Concept Amendment approval to the overall DataServ Planned Unit Development Concept for the Fairview medical Health Clinic of Eden Prairie development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on March 19, 1991; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Fairview Medical Health Clinic of Eden Prairie development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall DataServ Planned Unit Development Concept as outlined in the application materials for Fairview Health Care Clinic of Eden Prairie. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated February 25, 1991. ADOPTED by the City Council of Eden Prairie this 19th day of March, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Fran, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-66 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Fairview Hospital and Healthcare Services for development of 7.3 acres for a health clinic use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: 7.3 acres located east of Prairie Center Drive and south of Technology Drive be amended from Industrial to Office. ADOPTED by the City Council of Eden Prairie this 19th day of March, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk PLANNING COMMISSION MINUTES FEBRUARY 25, 1991 FAIRVIEW MEDICAL HEALTH CLINIC OF EDEN PRAIRIE by Fairview Hospital and Healthcare Services. Request for Comprehensive Guide Plan Amendment from Industrial to Office on 7.3 Acres; Planned Unit Development Concept Amendment on 17.4 acres; Zoning District Change from Rural and 1-2 to Office on 2.9 acres; Site Plan Review on 2.9 acres for construction of a 15,200 square foot medical health care clinic to be known as Fairview Medical Health Clinic of Eden Prairie. Location: East of Prairie Center Drive and south of Technology Drive. Ray Piirainen, representing the proponent, stated that four other sites currently existed throughout the twin cities. He added that the proponent would like to begin to construction in April to be ready for operation in the fall. Franzen reported that Staff recommended approval of the project based on the recommendations outlined in the Staff Report dated February 22, 1991. Piiarainen asked Franzen to clarify the statement regarding expansion to the east and if expansion was limited to this direction. Franzen replied that expansion could go in any direction. Bernard Herman, representing the proponent, presented the plans for the project. He noted that the site was triangular and the building had been positioned such that expansion could be possible to the front or to either side. The building was designed so that in the future a second building could be constructed. The parking lot had been developed to provide the largest number of parking spaces located close to the building to allow for easy access to the facility. A vehicle drop off area was also provided at the entrance. The trash enclosure would be constructed of the same material as the exterior of the building. The driveway currently would be shared with Dataserv. In 1992-1993 the interchange was expected to change and the location of the driveway would be changed to access from Prairie Center Drive. Catch basins would be located at the north end of the lot and three in the parking lot area. Landscaping would be extensive. The existing trees would be left and addition trees of varying sizes and varieties would be added. Three double pole lights would be located along the driveway. The lighting would be downcast. The floor plan would allow all the tenant spaces to be expanded if needed. Dodge asked if the facility would be managed under one organization. Piiarainen replied that this would be a medical office building with individual tenants. Herman stated that the exterior brick would be the same as Dataserv. The exterior lighting and landscaping would also match that of Dataserv. A vaulted roof with a skylight would accent the entrance to the facility. Herman noted that smaller windows were required in a medical clinic to allow for privacy in the exam rooms. The exam rooms were located along the outer perimeter of the building. The window treatment needs to be special to reduce drafts and heat loss. Larger windows would be located in the waiting rooms; however, these could not be exactly located at this time. Herman noted that reveals which helped to breakup the mass of the building. Jim Hawkins, 7289 Green Ridge Drive, stated that he was both a resident and an employee of Dataserv. Hawkins noted that he had not been given details of the plan until this meeting. Hawkins asked if a berm was planned. Herman replied that the property would be flatten, molded and shaped. Hawkins asked how the landscaping would be supported for preservation. Herman replied that possibly an irrigation system would be installed. Piiarainen replied that an irrigation system was not planned for at this time. Hawkins believed that there would be a disruption in the water flow pattern which should be addressed. Hawkins asked if the drainage field and tile would be adequate to handle the watershed. Franzen replied that three catch basins would be located on the property which would flow into two storm sewer lines adjacent to the site. Hawkins asked for more detail on the metal screening for the mechanic units. Herman replied that the mechanical units would be located directly behind the skylights. Hawkins stated that the Dataserv building was a two-story facility and questioned what Dataserv employees would see from the second story. Herman replied that the site lines had not been checked. Herman added that the building was at an 846 elevation and was approximately 8-to-9 feet above street level. Hawkins expressed concern about the compatibility of the building with existing facilities. He noted that the exterior of the building was said to reflect that of Dataserv, but would not match. Hawkins added that Dataserv would like to have the opportunity to review the landscaping plan further. He strongly recommended that an irrigation system be installed to preserve the green space along Prairie Center Drive. Hallett believed that the point regarding irrigation was well taken. Hallett stated that berming without irrigation had caused difficulties in the past. Piirainen replied that an irrigation system was not planned at this time due to the uncertainty of what would actually happen regarding the upgrading of Prairie Center Drive and Technology Drive. Piirainen added that an irrigation system would be looked at within the first two years after development. Hallett stated that other facilities in Eden Prairie did look down op?:, on other buildings. Hallett noted that Rosemount Engineering looks down on Dataserv. Piirainen reemphasized that the mechanical units would be hidden behind the skylight. Herman added that the mechanical units would be less than four feet high and are consolidated in a small space. Dodge asked why a two-story building was not being planned for now if plans were already in the making for expansion. Herman replied that economically it was better to construct a one-story building at this time. Dodge asked if there would be a charge for parking. Piirainen replied no. Dodge then asked if the City could prevent a charge for parking in the future. Hawkins stated that Dataserv would be very concerned if there would be a charge for parking due to the cross easement with Dataserv. Sandstad noted that both property owners had to agree to cross easements. Dodge asked if a sample of the proposed brick color was available. Franzen replied that the brick color would be the same as Dataserv; however, the manufacturer might not be the same. MOTION 1: Bye moved, seconded by Sandstad to close the public hearing. Motion carried 6-0. MOTION 2: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Fairview Medical Hospital and Healthcare Services for a Comprehensive Guide Plan Amendment from Industrial to Office on 7.3 acres for construction of a medical clinic, based on plans dated February 19, 1991, subject to the recommendations of the Staff Report dated February 22, 1991, with the addition that prior to City Council review samples of exterior building materials be submitted for approval. The Planning Commission also strongly recommended that an irrigation system be installed in the berm area. Motion carried 5-0-1. Norman abstained. MOTION 3: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Fairview Medical Hospital and Healthcare Services for Planned Unit Development Concept Amendment to the overall DataServ Planned Unit Development Concept, on 17.4 acres for construction of a medical clinic, based on plans dated February 19, 1991, subject to the recommendations of the Staff Report dated February 22, 1991, with the addition that prior to City Council review samples of exterior building materials be submitted for approval. The Planning Commission also strongly recommended that an irrigation system be installed in the berm area. Motion carried 5-0-1. Norman abstained. NOTION 4: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Fairview Medical Hospital and Healthcare Services for Zoning District Change from Rural and 1-2 to Office on 2.9 acres for construction of a medical clinic, based on plans dated February 19, 1991, subject to the recommendations of the Staff Report dated February 22 1991, with the addition that prior to City Council review samples of exterior building materials be submitted for approval. The Planning Commission also strongly recommended that an irrigation system be installed in the berm area. Motion carried 5-0-1. Norman abstained. MOTION 5: Bye moved, seconded by Sandstad to recommend to the City Council approval of the request of Fairview Medical Hospital and Healthcare Services for Site Plan Review on 2.9 acres for construction of a medical clinic, based on plans dated February 19, 1991, subject to the recommendations of the Staff Report dated February 22, 1991, with the addition that prior to City Council review samples of exterior building materials be submitted for approval. The Planning Commission also strongly recommended that an irrigation system be installed in the berm area. Motion carried 5-0-1. Norman abstained. Hawkins complimented Staff on a thorough review. AREA LOCATION MAP STAFF REPORT TO: Planning Commission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning February 22, 1991 Fairview Medical Health Clinic of Eden Prairie Fairview Healthcare Services Opus Corporation East of Prairie Center Drive and South of Technology Drive 1. Comprehensive Guide Plan Amendment from Industrial to Office on 7.3 acres. 2. Planned Unit Development Concept Amendment on 17.4 acres. 3. Zoning District Change from Rural and 1-2 Park to Office on 2.9 acres. 4. Site Plan Review on 2.9 acres. FROM: THROUGH: DATE: SUBJECT: APPLICANT: FEE OWNER: LOCATION: REQUEST: BACKGROUND This site is part of the DataServ Planned Unit Development. Phase One of DataServ exists on the lot to the north totaling 152,000 square feet. Phase Two of the DataServ project would be an additional 152,000 square feet on the south lot. The DataServ PUD was amended in 1988 to allow a parking lot expansion on the Fairview South site. Only the parking lot was zoned 1-2 Park to accommodate an internal change within the DataServ building which converted warehouse space to office space. 1 COMPREHENSIVE GUIDE PLAN CHANGE A Comprehensive Guide Plan change is requested from Industrial to Office. The Guide Plan change to Office would be appropriate in the Major Center Area which is a mixture of retail and office uses. The DataServ building is mostly office with some warehousing. When the DataServ building was approved in 1985, a requirement was to design the industrial building with an office-like appearance. SITE PLAN The site plan depicts the construction of a one-story, 15,200 square foot medical office facility on approximately three acres. The building, as proposed, meets the minimum requirements of the Office Zoning District including base area ratio, floor area ratio, building setbacks and parking setbacks. A building expansion of approximately 2,000 feet is also shown on the eastern part of the building. At some point in the future, Fairview South will subdivide the property in two for a second building of approximately 15,000 square feet. This piece of property is proposed for Office guiding and a PUD amendment. Rezoning is not requested since specific site plans are not available. ACCESS Access to this property will be a shared access off Prairie Center Drive. There will be a new median cut to allow for left turns into the site. This temporary median cut is acceptable to the City. When Technology Drive is realigned in the future by the State Highway Department, this temporary median access will become the full access to the property. When Phase Two is developed in the future, Fairview will be requesting a median cut in Prairie Center Drive to provide full access to the second parcel. Whether the second access will be allowed and where it will be located will be based upon a traffic study which analyzes turning movement conflicts and capacities of the roadway and intersections. ARCIIITECTURE The Fairview South building will be utilizing the same brick and color as the DataServ building. The building will be one story in height with mechanical equipment screened by a metal panel of a color to match the building. GRADING The site has been previously graded at the time of the DataServ parking lot expansion. Minor grading will be necessary in order to accommodate the site plan as proposed. 2 During Phase Two, there will be encroachment into the wooded slope along the south property line. Information on the trees indicate there are a significant number of trees of 12" or greater in diameter. Tree replacement will be necessary concurrent with Phase Two construction. LANDSCAPING The landscape plan meets City Code requirements for caliper inches and screening of parking areas. UTILITIES City sewer and water are available adjacent to the site. Two storm sewer lines are adjacent to the site, and both of them should be utilized for storm water runoff. SIDEWALKS There is an existing trail along Prairie Center Drive. There should be a 5' wide concrete sidewalk connection between the proposed medical clinic and the trail on Prairie Center Drive. LIGHTING The lighting standards proposed for the office building are identical to the lighting standards on the DataServ site. STAFF RECOMMENDATIONS Staff would recommend approval of the Comprehensive Guide Plan change, PUD Amendment, Zoning District Change and Site Plan Review for the Fairview South Medical Building based on plans dated February 19, 1991 and the staff report dated February 22, 1991, and subject to the following conditions: Prior to building permit issuance, proponent shall: I. Submit cross access easements between DataServ and the Fairview South Medical Building. 2. Provide samples of exterior materials for review. 3. Provide the final landscape plan for review. 4. Provide the final lighting plan for review. 5. Provide plans for review by the Fire Marshall. , Mpt4Yo AT4ENT42404 Construction-Operations Regulatory (91-1295N-12) Planning Director Department of City Planning 7600 Executive Drive Eden Prairie, Minnesota 55344 Our office was provided with plans for several project sites within the - City of Eden Prairie. We were asked to evaluate the projects and determine whether Corps of Engineers permits would be required. Under Section 404 of the Clean Water Act the Corps regulates the placement of dredged or fill material into waters of the United States, including wetlands. Listed below are the various projects which we reviewed and a discussion of whether the project would involve the placement of material into wetlands. * Fairview Clinic - this appears to be an expansion of an existing facility south of the intersection of Prairie Center Drive and West 78th Street. No wetlands appear to be on this site, therefore, grading and filling for this project would not require a permit from the Corps. (Corps file number 91-4423- 12) * Townhomes of North Bay - construction of multi-unit housing within an existing development east of Mitchell Lake and west of County Road 4. No permit would be required from the Corps, because no wetlands would be filled as a result of the project. (Corps file number 91-441J-12) * KMSP building site - project site is bordered by Viking Drive, Prairie Center Drive and Crossroads Retail Center. No permit would be required from the Corps, because no wetlands would be filled as a result of the project. (Corps file number 91-409J-12) * Welter Purgatory Acres 6th - a 7 lot housing development south of Sunnybrook Road. A wetland complex is located along the east side of this development. It appears that some wetland filling/grading could be required for this project. Within the Corps regulations is a provision, referred to as a nationwide permit, which authorizes minor wetland fill projects. This nationwide permit authorizes wetland fills up to 10,000 square feet in some areas and up to 1 acre in others. In this particular project area the nationwide permit allows the filling of 10,000 square feet of wetland. It appears the amount of wetland encroachment at this site would be minor enough to fit within the scope of this nationwide permit limit. Potential lot buyers should be informed that Corps permits could be required if they plan to increase the size of their yards by grading or filling into the wetland. (Corps file number 91-1173N-12) * Walt Carpenter site - proposed fill area north of Valley View Road at DEPARTMENT OF THE ARMY ST PAUL DISTRICT CORPS of ENGINEERS 1421 US POST OFFICE II CUSTOM HOUSE ST PAUL. MINNESOTA 55101.7479 February 22, 1991 1.1.;,"1 PHONE NO. Itr STATE OF H'i 6.:g D2 ZOIrg, DEPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 Warner Rd., St. Paul, MN 55106 772-7910 FILE NO February 22, 1990 Scott Kip City of Eden Prairie Planning Department 7600 Executive Drive Eden Prairie, MN 55344 RE: EDEN PRAIRIE FAIRVIEW CLINIC, CITY OF EDEN PRAIRIE, HENNEPIN COUNTY Dear Mr. Kip: We have reviewed the site plans (received 1/30/91) for the above referenced project (NE1/4 Section 15, NW1/4 Section 14, T.116N, R.22W.) and offer the following comments: 1. The project site does not contain any DNR protected waters or wetlands: therefore, no DNR protected waters permit is required. 2. The site does not appear to be within a shoreland or floodplain district. Therefore, the project does not meet the DNR definition of a Planned Unit Development for shoreland development. 3. If construction involves dewatering in excess of 10,000 gallons per day or 1 million gallons per year, the contractor will need to obtain a DNR appropriations permit. You are advised that it typically takes approximately 60 days to process the permit application. 4. Appropriate erosion control measures should be taken during the construction period. The Minnesota Construction Site Erosion and Sediment Control Planning Handbook (Board of Water & Soil Resources and Association of Metropolitan Soil and Water Conservation Districts) guidelines, or their equivalent, should be followed. 5. It appears that the stormwater is being routed directly to the city stormsewers. Stormwater treatment/sedimentation basins, or other appropriate stormwater treatment features, should be included in the plan. If untreated stormwater reaches a lake or wetland it can cause sedimentation and water level bounces that are detrimental to the basin's wildlife values and water quality. AN EONAL OPPORTUNITY EMPLOYER Mr. Scott Kip February 22, 1991 Page 2 Thank you for the opportunity to comment. Please contact me at 772-7910 should you have any questions regarding these comments. Sincerely, e ,r frt _ iJoe Richter Hydrologist cc: City of Eden Prairie General File Purgatory-Riley-Bluff Creek WHO 1 '3/ City of Eden Prairie City Offices A) Executive Drive • Eden Prairie, MN 55344-3677 • Telephone (612) 937-2262 February 4, 1991 Mr. Robert Worthington, Executive Director Governmental Affairs Opus Corporation 800 Opus Center 9900 Bren Road E. Minnetonka, MN 55343 RE: FAIRVIEW HOSPITAL AND HEALTH CARE SERVICES (EDEN PRAIRIE FAIRVIEW CLINIC) Dear Mr. Worthington: The Staff Development Review Committee met at 2:00 p.m. on Thursday, January 31, 1991, to discuss the Fairview Hospital and Health Care Services site plan. Following are comments regarding site plan changes or additional information. 1. ARCHITECTURAL COMPATIBILITY Since this site is part of the DataServ Planned Unit Development, there should be architectural compatibility in terms of materials, colors and design. Using only the same brick is not a strong statement of compatibility. The building architecture should be changed to use the same type of windows as the DataServ building. 2. ACCESS Since detailed plans for development of the property to the south are not available at this time, any reference to a future connection to Prairie Center Drive and median cut should be removed from the plans. A second access/median cut in Prairie Center Drive should be based upon a traffic study. 3. CROSS ACCESS Cross access easements are needed for the shared entry with Prairie Center Drive. This cross access casement should be provided to the Engineering Department for review prior to building permit issuance. — fr.cycMa Pa Or Sincerely, Mr. Bob Worthington February 4, 1991 Page Two 4. SIORM DRAINAGE Storm sewer computations and drainage area maps should be provided. The storm sewer should be designed to accommodate a 10 year event. Both existing storm sewer lines available at this site should be used for storm drainage. Please provide the requested information and plan changes and submit nineteen sets of plans. These plans are required for review by the Planning Commission and Parks, Recreation and Natural Resources Commission. If you are unable to make plan changes by February 12, the next available Planning Commission meeting would be March 11, 1991. . (ad ec 7/4- Michael D. Franzen Senior Planner MDF:ctk OPUS CORPOR/i.iuN DESIGNERS • COW FACTORS • DEVELOPERS 800 Does Center 9900 (ken Road East Minnetonka. Minnesota 55343 1610 9364444 January 25, 1991 Mailing Address PO Box 150 Minneapolis. Minnesota SSW Pak (RIO 936 4529 Mr. Chris Enger Planning Director Department of City Planning City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Fairview Medical Health Clinic of Eden Prairie Dear Chris: Opus Corporation is pleased to submit the enclosed plans for a 15,200 square foot medical health care clinic which will be owned and operated by the Fairview Hospital and Healthcare Services of Minneapolis. The proposed facility will be located on the undeveloped 7.3 acre parcel (Lot 2, Block 1, Dataserv Business Center) which was being held in reserve for the future expansion of the Dataserv Inc.. corporate headquarters building at 12125 Technology Drive. Changing market and business conditions over the past few years have made that expansion unfeasible. Therefore, the proposed Fairview medical clinic facility is being offered as an attractive alternative to the plans originally proposed by Dataserv for the subject property. The original plans submitted by Dataserv in 1985 proposed construction of a 100,000+ square foot office/warehouse headquarters building with capacity to he expanded to 200,000 square feet at some future time. The existing headquarters phase of the original plan was completed in 1986. Then in 1987 Dataserv obtained approval for the installation of a 104 space parking lot on a portion of the subject parcel to relieve an on—site parking shortage being experienced by its business operation at that time. Since then, Dataserv has experienced a contraction in its business and therefore, does not intend to pursue any further expansion of its existing headquarters building. Therefore, the Opus Corporation is requesting that the original POD concept plan be amended to accommodate the Fairview clinic proposal as illustrated and described in this letter of transmittal and enclosed plans. The proposed medical clinic will be a one story structure. The building exterior will consist of a brick veneer and ''punched" windows of tinted glass set in green aluminum framing. A canopy, composed of the same brick, extends from the main entrance out to the parking lot. Over the main lobby and set a few feet higher than the roof line will be a 20 x 70 ft. skylight consisting of white translucent panels set in green aluminum framing. Low, brick veneered screen walls will be located on the roof to effectively screen mechanical equipment. The brick will be of a color and character compatible with the existing Dataserv headquarters building. Affiliated Companies Opus S Comolohon.Oons Architects and Engineers. Inc. Opus North Corporabon.Opus South Carporahon.0ous Southwest Corporation, Nnrmandaie Properties Inc. Opus Properties Inc Chicago • Milwaukee • Minneapolis • Tampa • Pensacola • Phoenix- San Diego • Seattle Mr. Chris Enger January 25, 1991 Page -2- It is anticipated that additional space would be constructed on this site in the future to house any expansion needs of the clinic or its related services. The expansion could be in the form of as much as 5,000 square feet of addition attached to the initial building or the construction of a second free-standing facility of 10,000-20,000 square feet, as shown in concept by the enclosed site plan. Seventy-six (76) on site parking stalls have been provided for the facility in compliance with city zoning standards. The property is requested to be rezoned from its current classification to office PUD. All setback coverage and parking standards have been designed to comply with the standards of the proposed office zoning district. Also, the business I.D. signage proposed for the facility have been designed to comply with the proposed office PUD zoning standards. Initially, the existing drive to the Dataserv site off of Prairie Center Drive will be used to provide joint access to the Fairview site. When MNDot constructs the improvements prgrammed for Prairie Center Drive at its interchange with TH-5 in 1992-93, this drive would be closed and a shared entry drive (shown on the site plan as future site entrance) would be provided as part of a signalized intersection. In conjunction with any expansion of the proposed clinic facility, an additional curb cut with median would be provided at the "south" end of the property in the manner as shown on the site plan proposal. This clinic facility will have several medical groups and services which work in connection with the Fairview Hospital system. The clinic groups anticipated to locate in this building include Family Practice, Institute for Athletic Medicine, Orthopedic Surgeons, Ltd. and Behavioral Health Services. The landscape plan is compatible with the type, size and theme of materials existing on the Dataserv headquarters site. Because of the grading, drainage and utility work that must be done on the site to accommodate the clinic's building footprint and parking lot arrangement, some existing trees on the south side of the site will have to be removed. However, every effort has been made to preserve the majority of existing trees to ensure their continuation as a prominent site feature both now and in the future. Finally, all of the parking lot lighting standards will be of a height and character compatible with the Dataserv headquarters arrangement. In summary. Opus Corporation and the Fairview Hospital and Healthcare Services Group requests approval of an amendment to the existing PUD concept plan for the Dataserv development; a rezoning to office PUD, and site plan approval for a new medical and health care clinic to be located on the 7.3 undeveloped portion of the Dataserv headquarters property. We would appreciate having the enclosed plans and application material placed on the Mr. Chris Enger January 25, 1991 Page -3- February 25 Agenda of the Planning Commission for consideration. If the commission approves the requests contained in our plans and application at that meeting, then we'd enjoy having the Council consider ratification of the Commission's recommendations at their March 19 and again April 16 meetings which would place us in a position to break ground for the clinic facility by the end of April of this year. Thank you for your cooperation. Please call if you have questions or need for any additional information. Best regards, Alft.tatU lita Robert A. Worthingtatf, AICP Executive Director Governmental Affairs RAW/k! Enclosures cc: Ray Piirainen, Fairview Hospital & Healthcare Services Mike Franzen, Senior Planner Evan Green, MNDot West District Office Michele Foster, Opus Corporation Craig Larson, Opus Corporation § OPUS CORPORAC,A DESIGNERS• CONTRACTORS • DEVELOPERS 800 Opus Center 9900 Bren Road East Minnetonka. Minnesota 55343 16121 936-4444 Mailing Address PD Bak 150 Minneapolis. Minnesota 55440 fax 16121 936-4529 January 25, 1991 Mr. Evan Green, Project Manager Minnesota Department of Transportation West Metro District Office 2055 North Lilac Drive Golden Valley, MN 55422 RE: Fairview Medical Clinic of Eden Prairie Dear Mr. Green: Please find enclosed copies of our Letter of transmittal and plans for th e Fairview medical clinic facility that were submitted to the City of Ed e n Prairie earlier today. Your comments would be most appreciated. We have requested that our application for PUD rezoning and site plan approval be placed on th e February 25 agenda of the Eden Prairie Planning Commission f o r consideration. Therefore, any comments or concerns you have regardi n g proposals contained in the enclosed plans should be directed to me, Chr i s Enger or Mike Franzen at the Eden Prairie Planning Department prior t o that time. Call me at 936-4419 if you require any assistance or have question s . Thanks. Sincerely yours, Robert A. Worthington, AICP Executive Director Governmental Affairs RAW/kf Ends. cc: Chris Enger, Eden Prairie Planning Director Mike Franzen, Eden Prairie Senior Planner r Attilialed Companies Opus US. Corporation. Opus Architects and Engineers. inc.. Opus North Corporation. Opu s South Corporation. Opus Seesaw iZ0114107:. NOrMandale Properties 1n0. Opus Properties inc. Chicago • Milwaukee • Minneapolis • Tampa • Pensacola • Phown • 5an :Aego • Sastse MARCH 19,1991 13407 DANA GIBBS 13408 MINNESOTA DEPT OF REVENUE 13409 THE BREHM GROUP .3410 JEFFREY JOHNSON 13411 FIRST BANK EDEN PRAIRIE 13412 DOUGLAS TENPAS 13413 HOPKINS POSTMASTER 13414 AT&T CREDIT CORPORATION 13415 MINNEGASCO 13416 INTL UNION OF OPERATING ENG 13417 MN CHAPTER OFIAAI 13418 NORTH STAR CHAPTER OF I C B 0 13419 TRANSP TECH TRANSFER 0TH 13420 MACQUEEN EQUIPMENT INC 13421 MN LANDSCAPE ARBORETUM 13422 MTI DISTRIBUTING COMPANY 13423 AMERICAN RED CROSS 13424 MN TRUCKING ASSN 13425 ANCHOR PAPER COMPANY 13426 BIRTCHER WELSH 13427 DELEGARD TOOL CO 13428 FEIST BLANCHARD CO 3429 JASON-NORTHCO PROP LP01 3430 J L SHIELY COMPANY 13431 SUPPLEES 7 HI ENTER INC 13432 SEELAND ANDERS 13433 ELLEN CAMP 13434 SANDRA CHMILLEND 13435 MARY COLEMAN 13436 CHARLENE GDEMAN 13437 FRIEDA KRISTOFFERSON 13438 FLORENCE MCMAHON 13439 CYNTHIA °BRIEN 13440 BETTY PEDERSON 13441 GALE REINA 13442 LAURIE ROBERTSON 13443 MARG RODRIGUES 13444 HEAVENLY HAM 13445 NORTHERN STATES POWER COMPANY 13446 U S POSTMASTER 13447 NORTHERN STATES POWER COMPANY 13448 EAGLE WINE CO 13449 GRIGGS COOPER & CO 13450 JOHNSON BROTHERS LIQUOR CO 13451 PAUSTIS & SONS CO 3452 ED PHILLIPS & SONS CO 11413769 SERVICE-PACKET DELIVERY JANUARY & FEBRUARY 91 FUEL TAX -1991 HEALTH/LIFE INSURANCE PREMIUM-CITY COUNCIL/COMMISSION & BOARD MEMBERS SCHOOL-ENGINEERING DEPT REFUND-UTILITY BILLING ADVANCE AGAINST CONFERENCE EXPENSES POSTAGE-COMMUNITY NEWSLETTER SERVICE SERVICE FEBRUARY 91 UNION DUES CONFERENCE-BUILDING INSPECTIONS DEPT CONFERENCE-BUILDING INSPECTIONS DEPT CONFERENCE-STREET MAINTENANCE CONFERENCE-EQUIPMENT MAINTENANCE -CONFERENCE-PARK & RECREATION DEFT/ PLANNING DEFT CONFERENCE-PARK MAINTENANCE CONFERENCE-COMMUNITY CENTER CONFERENCE-EQUIPMENT MAINTENANCE COPY PAPER-CITY HALL MARCH 91 RENT-CITY HALL -CONNECTORS/WRENCHES/AIR FITTINGS/METAL CREEPER-STREET MAINT/EQUIPMENT MAINT -STRAPS/CALIPERS/BEARINGS/OIL SEALS/HOSES/ -MOUNTING BRACKETS/HARDWARE/BELTS/ROTOR/ -BRAKE DISC PADS/CABLE TIES/LAMPS/BRAKE SHOE/WHEEL CYLINDER-EQUIPMENT MAINTENANCE MARCH 91 RENT-LIQUOR STORE GRAVEL-SEWER DEPT MARCH 91 RENT-LIQUOR STORE REFUND-FIREARMS SAFETY CLASS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS -REFUND-MEMORY IMPROVEMENT CLASS-SENIOR CITIZENS PROGRAM -REFUND-DEFENSIVE DRIVING CLASS-SENIOR CITIZENS PROGRAM REFUND-SWIMMING LESSONS -REFUND-LIVING TRUSTS CLASS-SENIOR CITIZENS PROGRAM REFUND-CROSS COUNTRY SKI LESSONS REFUND-SWIMMING LESSONS REFUND-TAI CHI CHIH CLASS EXPENSES-POLICE DEPT SERVICE POSTAGE-VALUATION NOTICES-ASSESSING DEPT SERVICE WINE LIQUOR LIQUOR WINE WINE 81.00 858.60 930.75 295.40 131.00 250.00 1808.16 93.67 13470.56 1105.00 115.00 330.00 60.00 60.00 70.00 270.00 250.00 90.00 461.78 19672.12 124.51 576.29 3787.15 130.04 4882.01 5.00 20.00 20.00 17.00 12.59 15.00 4.00 2.61 2.00 4.00 17.00 1.00 30.00 16287.05 4052.46 29724.39 876.21 1630.31 5334.14 239.45 5940.44 MARCH 19.1991 13453 PRIOR WINE CO 13454 QUALITY WINE & SPIRITS CO 1455 HOPKINS POSTMASTER 456 STEVEN BARTZ 13457 MCGLYNN BAKERIES INC 13458 GENUINE PARTS COMPANY 13459 GOPHER STATE ONE-CALL INC 13460 ORION RESEARCH INC 13461 VISION ENERGY 13462 MAWP 13463 RADISSON ARROWWOOD 13464 MILE 13465 HILTON - BATON ROUGE 13466 RADISSON ARROWWOOD 13467 USPCA NATL TRAINING SEMINAR 13468 MN RECREATION & PARK ASSN 13469 INTERSTATE BATTERY SYSTEM OF MN 13470 AT&T 13471 PETTY CASH 13472 AT&T CONSUMER PRODUCTS DIV '1 473 AT&T ,474 U S WEST COMMUNICATIONS 13475 SYLVIA JENNESS 13476 FLORENCE LOWE 13477 SIMON & SCHUSTER 13478 HOLIDAY INN - DULUTH 13479 CROWN STERLING SUITES 13480 FUN CHARACTERS INC 13481 MIAMA 13482 GAB BUSINESS SERVICES INC 13483 ALL AMERICAN BOTTLING CORP 13484 BEER WHOLESALERS INC 13485 DAY DISTRIBUTING CO 13486 EAST SIDE BEVERAGE CO 13487 HOME JUICE PRODUCTS 13488 KIRSCH DISTRIBUTING CO 13489 MARK VII DISTRIBUTING COMPANY 13490 MIDWEST COCA COLA BOTTLING CO 13491 PEPSI COLA COMPANY 13492 THORPE DISTRIBUTING COMPANY 13493 TRAVEL PROFESSIONALS 13494 JOHN E REID & 13495 TARGET CENTER 496 TARGET CENTER 8328293 WINE 1828.66 LIQUOR 3441.24 POSTAGE-SPRING BROCHURES-COMMUNITY CENTER 3976.00 BROOMBALL OFFICIAL/FEES PAID 120.00 -EXPENSES-CITY HALL/POLICE DEPT/SENIOR 322.80 PROGRAMS/ADULT PROGRAMS -HOSES/FITTINGS/BELTS/INERMOSTATS/SEALS/ 4033.45 -BRAKE FLUID/MASTER CYLINDER/COUPLERS/ -VALVES/BULBS/FUSE HOLDERS/MUFFLERStrAIL -PIPES/BRAKE CABLES/SPLASH GUARDS/TUBING/ -CLAMPS/WHEEL WEIGHTS/SPRINGS/ANTI-FREEZE/ -SIGNALS/TIE RODS/SEAT COVER/GASKETS/WIRE/ -SWITCHES/BRAKE SHOES/CALIPERS-WATER DEPT/ EQUIPMENT MAINTENANCE JANUARY 91 SERVICE 82.50 LAB SUPPLIES-WATER TREATMENT PLANT 108.23 GAS CYLINDERS-COMMUNITY CENTER 462.83 SCHOOL-POLICE DEPT 95.00 CONFERENCE-POLICE DEPT 95.40 SCHOOL-POLICE DEPT 165.00 SCHOOL-POLICE DEPT 479.52 SCHOOL-POLICE DEPT 143.10 REGISTRATION FEE-CANINE TRIALS-POLICE DEPT 75.00 CONFERENCE-COMMUNITY CENTER 80.00 SCHOOL-EQUIPMENT MAINTENANCE 135.00 SERVICE 217.44 EXPENSES-CITY HALL 59.59 SERVICE 116.80 SERVICE 382.30 SERVICE 2016.27 -REFUND-WHERE ARE YOUR PHOTOS-SENIOR 5.00 CITIZENS PROGRAM -REFUND-WHERE ARE YOUR PHOTOS-SENIOR 5.00 CITIZENS PROGRAM CRAFT SUPPLIES-AFTERNOON PLAYGROUND 30.31 CONFERENCE-ENGINEERING DEFT 107.52 CONFERENCE-POLICE DEPT 10.00 SERVICE-CLOWN-ADAPTIVE RECREATION PROGRAM 75.00 CONFERENCE-COMMUNITY CENTER 12.00 LIABILITY INSURANCE 196.20 MIX 214.91 BEER 4522.60 BEER 6900.80 BEER 13405.05 MIX 31.70 BEER 230.00 BEER 13744.52 MIX 482.32 MIX 318.47 BEER 23290.45 CONFERENCE-POLICE DENT 380.00 CONFERENCE-POLICE DEM. 495.00 -TICKETS-DISNEY ON ICE-SPECIAL TRIPS & 375.00 EVENTS PROGRAM -BUS SERVICE-DISNEY ON ICE-SPECIAL TRIPS 15.00 & EVENTS PROGRAM (0')-1 13497 TARGET CENTER 13498 TARGET CENTER '1 499 STRTKE MASTEEN INC 300 VOID OUT CHECK 13501 A TO Z RENTAL CENTER 13502 A & G DRAFTING SERVICE 13503 ABBOTT PAINT & CARPET CO -TICKETS-DISNEY ON ICE-SPECIAL TRIPS & EVENTS PROGRAM -BUS SERVICE-DISNEY ON TCE-SPECIAL TRIPS & EVENTS PROGRAM AUGER & BLADES-PARK MAINTENANCE SANDER RENTAL-COMMUNITY CENTER PRINTS-WATER DEPT -PAINT BRUSHES/PAINT TRAYS/COVERS-WATER DEPT 375.00 15.00 35.95 0.00 20.40 123.60 88.56 13504 AFFILIATED EMERGENCY VET SERV PA KENNEL COSTS-ANIMAL CONTROL DE F T 13505 AIRLIFT DOORS INC DOOR REPAIRS-FIRE STATIONS/POLICE BUILDING 13506 AIRSIGNAL INC -MARCH 91 PAGER SERVICE-POLICE DEFT/FIRE -DEPT/BUILDING INSPECTIONS DEPT/COMMUNITY CENTER 13507 ALEXANDER BATTERY NORTH BATTERIES-POLICE DEPT 13508 ALLIANCE DUES-ENGINEERING DEPT 13509 ALPHA VIDEO & AUDIO TV MOUNTING BRACKET-CITY HALL 13510 AMERICAN LINEN SUPPLY CO -UNIFORMS-BUILDING INSPECTIONS DEPT/STREET -DEPT/FACILITIES DEPT/EQUIPMENT MAINT/PARK -MAINT/COMMUNITY CENTER/UTILITIES DIVISION/ MATS-LIQUOR STORE 13511 AM STEEL & INDUSTRIAL SUPPLY CO STEEL TUBING & PLATE-EQUIPMENT M A I N T E N A N C E 13512 EARL F ANDERSEN & ASSOC INC STREET SIGNS/REFLECTIVE POSTS-STREET DEPT 13513 DON ANDERSON HOCKEY OFFICIAL/FEES PAID 13514 ANDERSONS GARDEN EXPENSES-FIRE DEPT/COMMUNITY CENTER 13515 ANDON INC FELIUM TANK RENTAL-SOCIAL EVENTS PROGRAM 13516 ANDRUS AGENCY INC SERVICE-CITY HALL SITE SELECTION 13517 ARMOR SECURITY INC LOCK REPAIRS-FIRE STATION/POLICE BUILDING 13518 ASTLEFORD INTL INC MOTOR/HOSE/RUBBER STRAPS-EQUIPMENT MAINT 519 AUTO CENTRAL SUPPLY CALIPERS-EQUIPMENT MAINTENANCE J520 B & S TOOLS -DRILL BITS/SOCKETS/STRIPPERS/PLIERS- EQUIPMENT MAINTENANCE 13521 BACONS ELECTRIC CO -INSTALLED LIFT STATION RELAYS/3 CIRCUITS -& RECEPTACLES INSTALLED/EMERGENCY LIGHT -REPAIR/2 RECEPTACLES REPLACED/FUSE BLOCKS -INSTALLED FOR WELL RELAYS-UTILITIES DIVISION 13522 BARCO BEARING CO ADHESIVE/HAND CLEANER-WATER DEPT 13523 BARRY & SEWALL INDUST SUPPLY CO RUST PROTECTION-WATER DEFT 13524 BATTERY & TIRE WAREHOUSE INC SIGNAL LIGHT-EQUIPMENT MAINTENANCE 13525 BECKER ARENA PRODUCTS INC ACRYLIC SHEET-ICE ARENA-COMMUNITY CENTER 13526 MATTHEW BENDER BOOK-FINANCE DEPT 13527 BENSHOOF & ASSOCIATES INC SERVICE-DELL RD TRAFFIC STUDY 13528 BENTEC ENGINEERING CORP REPROGRAM LIFT STATION DIALER-SEWER DEPT 13529 PATTY BESSER VOLLEYBALL OFFICIAL/FEES PAID 13530 DAVID BLACK MILEAGE-COMMUNITY CENTER 13531 BLACKS PHOTOGRAPHY -FILM/FILM PROCESSING-WATER DEPT/FIRE DEPT/ PLANNING DEPT 13532 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMM U N I T Y C E N T E R 13533 TIM BLOCK BASKETBALL OFFICIAL/FEES PAID 13534 LOIS BOETTCHER -MINUTES-HISTORICAL & CULTURAL COMMISSION/ PARK RECREATION & NATURAL RESOURCES COMM 13535 BOUSTEAD ELECTRIC & MFG CO CAPACITOR-PARK MAINTENANCE 50.00 497.75 501.18 58.41 210.00 25.00 1700.37 168.03 825.03 63.00 45.45 41.00 175.50 192.35 237.60 162.06 270.40 2214.75 32.12 374.18 16.61 145.70 100.00 1512.93 98.20 360.00 28.50 114.38 886.13 46.50 125.82 17.38 '195484 MARCH 19,1991 13536 BOYD HOUSER CANDY & TOBACCO CO EXPENSES-POOL LESSONS 22.65 13537 BUYER FORD TRUCKS INC STRAP/BRAKE REPAIR-EQUIPMENT MAINTENANCE 61.79 '9 538 BRAUN ENGINEERING TESTING INC -SERVICE-HOMEWARD HILLS RD/MITCHELL RD & 14424.73 -& RESEARCH RD STREET IMPROVEMENTS/MITCHELL -RD EXTENSION & SANDY POINTE ADDITION/HWY -5 SO FRONTAGE RD/DELEGARD PROPERTY SANITARY SEWER 13539 BRISSMAN KENNEDY INC VACUUM CLEANER REPAIR-FACILITIES DEPT 20.00 13540 BRW INC -SERVICE-DELL RD & EVENER WAY FEASIBILITY 7924.18 -STUDY/VALLEY VIEW RD-BITTERSWEET TO HOWARD DR/VALLEY VIEW RD 13541 BUCKINGHAM DISPOSAL INC -FEBRUARY & MARCH 91 WASTE DISPOSAL 2632.40 SERVICE 13542 BUILDING 9 CONDO ASSN REFUND-OVERPAYMENT UTILITY BILLING 2162.48 13543 C & N W TRANSP CO WATER MAIN & STORM SEWER RENTAL 300.00 13544 CARBONIC MACHINES INC FLAKED ICE MACHINE-FITNESS CENTER 1466.00 13545 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL DEPT 2407.39 13546 CENTRAIRE INC -INSTALLED AIR DUCTS & DAMPER SYSTEM TO 3503.13 -2ND FLOOR-$2990-HOMEWARD HILLS BARN/ -REPLACED DRAFT INDUCER MOTOR/BLOWER MOTOR/ HEAT PUMP REPAIR-FACILITIES DEPT 13547 CHANHASSEN LAWN & SPORTS -BRAKE FLUID/LUBRICANT/CLUTCH & CHOKE 239.23 REPAIR/ROPE/ANVIL/PUNCH-PARK MAINTENANCE 13548 CLUTCH & TRANSMISSION SER INC -VALVES/PINS/WASHERS/SPACERS/SWITCH/SEALS/ 1455.91 -SLACK ADJUSTERS/CLAMPS/FITTINGS/HYDRAULIC -HOSES/COMPRESSORS/CORE/BEARINGS/BRAKE LININGS/BRAKE DRUM TURNING-EQUIPMENT MAINT 13549 COCA COLA VENDING SERV INC POP-SOCIAL PROGRAMS 186.00 550 COMMERCIAL ASPHALT CO BLACKTOP-STREET MAINTENANCE 161.89 J551 COMPUTERWARE DATA PRODUCTS INC COMPUTER PAPER-COMMUNITY CENTER 40.00 13552 CONCEPT MICROFILM INC -MICROFILM READER PRINTER REPAIR/PAPER/ 846.00 -MICROFILMING-ENGINEERING DEPT/HISTORICAL & CULTURAL COMMISSION 13553 CONTINENTAL SAFETY EQUIP INC -CAP WINTER LINERS/SAFETY GOGGLES/MASKS/ 500.58 -HEARING PROTECTION EARMUFF/ASPIRATOR BULB/ SMOKE TUBES-SAFETY DEPT/PARK MAINTENANCE 13554 COPIES NOW OFFICE SUPPLIES-PLANNING DEPT 17.40 13555 CORPORATE REPORT MINNESOTA SUBSCRIPTION-ASSESSING DEPT 29.00 13556 CORPORATE RISK MANAGERS INC FEBRUARY 91 INSURANCE CONSULTANT SERVICE 560.00 13557 CROWN MARKING INC RUBBER STAMP-FACILITIES DEPT 24.20 13558 CURTIS INDUSTRIES INC DRILL BITS-WATER DEPT 201.06 13559 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 3459.41 13560 WILLIAM DAGGETT VOLLEYBALL OFFICIAL/FEES PAID 24.00 13561 DECORATIVE DESIGNS MARCH 91 SERVICE-CITY HALL 49.50 13562 EUGENE DIETZ FEBRUARY 91 EXPENSES/DUES-ENGINEERING DEPT 225.00 13563 DIRECT SAFETY CO DRIVER-WATER DEPT 38.00 13564 DIVE RESCUE INC/INTL CONFERENCE-FIRE DEPT 240.00 13565 DPC INDUM!RIES INC CHLORINE-WATER DEPT 1131.00 13566 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT 5.98 13567 DRISKILLS SUPER VALU EXPENSES-COMMUNITY CENTER 166.86 13568 DYNA SYSTEMS SCREWS/WASHERS/ANCHORS-WATER DEPT 397.38 13569 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 64.24 13570 ECOLAB PEST ELIMINATION DIVISION -FEBRUARY 91 PEST C O N T R O L S E R V I C E - F I R E 100.00 STATIONS 3571 EDEN PRAIRIE HIGH SCHOOL ART DEPT SERVICE-FACE PAIN T I N G - S O C I A L P R O G R A M S 50.00 4513739 MARCH 19.1991 13572 EDEN PRAIRIE FIRE DEPT 3573 CITY OF EDINA 3574 DEB EDLUND 13575 ELSMORE AQUATIC 13576 ELVIN SAFETY SUPPLY INC 13577 ENTERPRISE MEDIA INC 13578 BRAD ERICKSEN 13579 EXPRESS MESSENGER SYSTEMS INC 13580 FACILITY SYSTEMS INC 13581 FIRST TECH COMPUTER 13582 THE FITNESS STORE 13583 FIVE STAR CONSTRUCTION INC 13584 FLOYD SECURITY 13585 FOUR STAR BAR & RESTAURANT SUPPLY 13586 MICHAEL D FRANZEN 13587 G & K SERVICES 13588 GLENWOOD INGLEWOOD 13589 GOODWILL INDUSTRIES INC 13590 GOODYEAR COMMERCIAL TIRE & SERVIC 13591 W W GRAINGER INC 7592 ALAN GRAY 3593 GRAYBOW-DANIELS CO 13594 GUNNAR ELECTRIC CO INC 13595 HACH CO 13596 HANSEN THORP PELLINEN OLSON INC 13597 HARMON GLASS 13598 HAROLD F AWE CO 13599 ROGER HAWKINSON 13600 HENNEPIN COUNTY TREASURER 13601 HENNEPIN COUNTY TREASURER 13602 HEWN CTY-SHERIFFS DEPT 13603 HENNEPIN PARKS 13604 HENNEPIN TECHNICAL INSTITUTE 13605 D C HEY COMPANY INC 13606 HOFFERS INC 13607 HONEYWELL PROTECTION SERVICES 13608 THE IMAGE DEVELOPERS 13609 IBM CORPORATION 13610 INDEPENDENT SCHOOL DIST #272 _3611 INDUS-TOOL 51.00062 SCHOOL/TROPHIES-FIRE DEPT 131.99 FEBRUARY 91 WATER TESTS-WATER DEPT 220.00 MINUTES-PLANNING COMMISSION 125.00 UNIFORMS-POOL OPERATIONS 130.48 -SAFETY GLOVES/PAINT/EAR PLUGS-UTILITIES 181.68 DIVISION/SAFETY DEPT VIDEO RENTAL-PLANNING DEFT 40.00 HOCKEY OFFICIAL/FEES PAID 63.00 POSTAGE-CITY HALL 54.14 RECONFIGURE WORK STATIONS-PLANNING DEPT 118.00 -COMPUTER MAINTENANCE AGREEMENT-HUMAN 736.00 RESOURCES DEPT CHARTS/EQUIPMENT REPAIR-FITNESS CENTER 81.00 FINAL PAYMENT-REMODELING AT FIRE STATION 6250.00 -2ND QUARTER 91 SECURITY SYSTEM MAINT 64.00 AGREEMENT -CMIMINS GRILL HOMESTEAD SUPPLIES-LIQUOR STORES 472.25 MILEAGE/CONFERENCE-PLANNING DEPT 56.00 -COVERATJS-WATER/TOWELS-PARK MAINTENANCE/ 856.62 LIQUOR STORE SERVICE-FITNESS CENTER 30.86 FEBRUARY 91 EXPENSES-SOLID WASTE MGMT 2012.50 TIRES-EQUIPMENT MAINTENANCE 68.94 -BATTERY CHARGER/BARRIER TAPE/BATTERIES/ 639.08 -SAW BLADES/DRY & WET VACUUM CLEANER-SEWER -DEPT/FACILITIES DEPT/EQUIPMENT MAINT/PARK MAINTENANCE FEBRUARY 91 EXPENSES-ENGINEERING DEPT 200.00 SEAT-CENTER CARE PROGRAM 21.40 -BREAKER ASSEMBLY/GRIP/CONNECTION-SEWER 217.34 DEPT LAB SUPPLIES-WATER DEPT 40.65 -SERVICE-CEDAR RIDGE STORM SEWER/RED ROCK 30956.01 -SHORES/BLUFFS EAST 7TH ADDITION/CEDAR RIDGE RD & CORRAL LANE REPLACED WINDSHIELD-EQUIPMENT MAINTENANCE 153.36 REFUND-MECHANICAL GAMES LICENSE 50.00 BASKETBALL OFFICIAL/FEES PAID 186.00 FILING FEE-PLANNING DEPT 47.00 JANUARY 91 BOARD OF PRISONERS-POLICE DEPT 2473.00 JANUARY 91 BOOKING FEE-POLICE DEPT 471.96 -SKI LESSONS-WINTER SKILL DEVELOPMENT 1202.00 PROGRAM SCHOOL-ENGINEERING DEFT 120.00 MAINTENANCE AGREEMENT-FIRE DEPT 30.00 -PAINT/VARNISH/PAINT BRUSHES/PAINT THINNER- 89.00 PARK MAINTENANCE -2ND QUARTER 91 SECURITY MAINTENANCE 84.25 AGREEMENT-SENIOR CENTER DECALS-EQUIPMENT MAINTENANCE 240.00 TYPEWRITER REPAIR-COMMUNITY CENTER 143.00 -WASTE DISPOSAL SERVICE-SENIOR CENTER/BUS 1936.86 -SERVICE-SPORTS & OUTDOOR PROGRAM/ROOM RENTAL-ADULT PROGRAMS FREIGHT FOR LEG WARMERS-FACILITIES DEFT 7.25 (0'2 Z MARCH 19,1991 13612 INDUSTRIAL LIGHTING SUPPLY INC 13613 INSTY-PRINTS J614 INTL CONFERENCE OF BLDG OFFICIALS 13615 IPNA MINNESOTA 13616 GARY ISAACS 13617 J & R RADIATOR CORP 13618 DEAN JACOBS 13619 JERRYS NEWMARKET 13620 JM OFFICE PRODUCTS INC 13621 CARL JULLIE 13622 KAEDING & ASSOCIATES INC 13623 DAN N KANTAR 13624 KEVIN KASTELLE 13625 SCOTT KIPP 13626 KLEVE HEATING 13627 KNOX 13628 STEVE KNUTSON 13629 DEAN KOCKELMAN 13630 MARY KOTTKE 13631 KRAEMERS HOME CENTER -3632 KUSTOM SIGNALS INC 13633 LAB SAFETY SUPPLY 13634 LAMETTRYS COLLISION 13635 CINDY LANENBERG 13636 LANG PAUL? & GREGERSON LTD 13637 LMCIT 13638 LIONS TAP 13639 STEVE LIPE 13640 LJ ELECTRONIC INDUSTRY 13641 LOGIS 13642 LOW VOLTAGE CONTRACTORS INC 13643 LUNDS 13644 M-V GAS CO 13645 MACQUEEN EQUIPMENT INC 13646 ROBERT H MASON HOMES 13647 MATRX MEDICAL INC 13648 JEAN MATTIACCI 13649 MBA DESKTOP PUBLISHING PLUS 13650 PAT MCCARTY '3651 JULIA MCFADDEN 365 9 AHMAD MCGOWAN 8481985 LIGHT BULBS-WATER DEPT 188.79 -PRINTING-FORMS-HUMAN RESOURCES DEPT/ 157.10 BUSINESS CARDS-POLICE DEPT BOOK-BUILDING INSPECTIONS DEPT 34.20 DUES-HUMAN RESOURCES DEPT 30.00 -VOLLEYBALL OFFICIAL & OFFICIALS 320.00 COORDINATOR/FEES PAID RADIATOR REPAIR-SEWER DEPT 157.00 MILEAGE-ASSESSING DEPT 8.00 EXPENSES-FIRE DEPT 72.32 -4 FILE CABINETS-$1176/OFFICE SUPPLIES- 1892.85 WATER DEPT/FIRE DEPT FEBRUARY 91 EXPENSES-ADMINISTRATION 67.46 -STANDBY GENERATOR ENGINEERING SERVICE- 930.18 SEWER DEPT PLIERS/TORCH/WIRE CRIMPTER-EQUIPMENT MAINT 125.75 KARATE INSTRUCTOR/FEES PAID 200.20 MILEAGE-PLANNING DEPT 10.00 -INSTALLED FURNACE VENT PIPE-HOUSING 235.00 REHABILITATION PROGRAM PLYWOOD-PARK MAINTENANCE 118.94 BROOMBALL OFFICIAL/FEES PAID 15.50 BASKETBALL OFFICIAL/FEES PAID 255.75 BASKETBALL OFFICIAL/FEES PAID 99.00 -BULBS/DRILLS/PAILS/BATTERIES/HOOKS/PIPE 605.43 -INSULATION/LIGHT BULBS/SHOWER MASSAGER/ -CLAMPS/RODS/TAPE/NOZZLES/PAINT BRUSHES/ -VALVES/SPRAY PAINT/WIRE BRUSH/LUBRICANT- WATER DEPT/FIRE DEPT/PARK MAINTENANCE 2 RADARS-POLICE DEPT 2020.00 -GLOVE LINERS/TAPAE/LAB SUPPLIES-WATER 379.22 DEPT/SAFETY DEPT INSTALLED DECALS-EQUIPMENT MAINTENANCE 70.00 MILEAGE-FIRE DEPT 40.75 -DECEMBER 90 LEGAL SERVICE/JANUARY 91 22605.19 PROSECUTION SERVICE LIABILITY INSURANCE 44672.00 EXPENSES-FIRE DEPT 205.27 STORM DOORS-HOUSING REHABILITATION PROGRAM 680.52 ANTENNA-POLICE DEPT 27.05 -POSTAGE-HOMESTEAD APPLICATION CARDS- 1889.72 ASSESSING DEPT SERVICE-FIRE ALARM INSPECTION-POLICE BLDG 200.00 EXPENSES-FIRE DEPT 69.28 GAS-OUTDOOR CENTER 259.25 -VACUUM/COLLARS/PLOW BLADES-SEWER DEPT/ 4914.98 EQUIPMENT MAINTENANCE WATER & SEWER SERVICE-RED ROCK LAKE PARK 806.85 1ST AID RESCUE EQUIPMENT-FIRE DEPT 124.32 VOLLEYBALL OFFICIAL/FEES PAID 60.00 -TYPESETTING FLYER-ADAPTIVE RECREATION 35.00 PROGRAM CONFERENCE-SEWER DEPT 76.30 MILEAGE-AQUATICS SUPERVISOR 36.16 VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 124.50 to 1'2: E. MARCH 19.1991 13653 MCNEILUS STEEL INC 13654 A MEAT SHOPPE 1 3655 MEDICINE LAKE LINES 3656 MENARDS 13657 METRO SALES INC 13658 METROPOLITAN AREA MGRS ASSN 13659 METROPOLITAN COUNCIL 13660 METROPOLITAN MECH CONTR INC 13661 MIDWEST BUSINESS PRODUCTS 13662 MIDWEST TELETRON INC 13663 DEE MILLER 13664 MINNCOMM PAGING 13665 MINNESOTA BAR SUPPLY 13666 MINNESOTA BUSINESS FORMS 13667 MN CONWAY FIRE & SAFETY 13668 MINNESOTA FRAMES & PRINTS 13669 MINNESOTA SAFETY COUNCIL INC 13670 R E MOONEY & ASSOCIATES INC 13671 MOTOROLA INC 13672 WM MUELLER & SONS INC 13673 MUNITECH INC 13674 R J MUONIO BUILDERS & REMODELERS 13675 NATIONAL SAFETY COUNCIL 13676 NATIONWIDE ADVERTISING SERVICE IN 13677 NEATABLES 3678 JAN NELSON .3679 DENNIS NESBITT 13680 BETH NILSSON 13681 NORTH STAR SOUND INC 13682 ARIK S NORBY 13683 NORTHLAND ELECTRIC SUPPLY CO 13684 NORTHWESTERN POWER EQUIPMENT INC 13685 CURT OBERLANDER 13686 OFFICE PRODUCTS OF MN INC 13687 OFFISOURCE INC 13688 OLSEN CHAIN & CABLE CO INC 13689 OLSEN FIRE PROTECTION 13690 ORION RESEARCH INC 13691 PARK NICOLLET MEDICAL CENTER 13692 JERRY FARNHAM 13693 J W PEPPER OF MPLS 13694 PEPSI COLA COMPANY 13695 CONNIE L PETERS 3696 CHERYL PETERSON 3695560 STEEL PIPE-PARK MAINTENANCE 178.84 EXPENSES-FIRE DEPT 79.02 BUS SERVICE-ADULT PROGRAMS 184.00 FENCING-PARK MAINTENANCE 270.84 TONER/OIL-POLICE DEPT/COMMUNITY CENTER 526.45 EXPENSES-CITY COUNCIL 12.25 BOOK-ASSESSING DEPT 3.50 VALVE LEAK REPAIR-ICE ARENA-COMMUNITY CTR 299.56 OFFICE SUPPLIES-CITY HALL/POLICE DEPT 240.28 TELEPHONE HEADSET-CITY HALL 161.10 MILEAGE-FIRE DEPT 19.00 MARCH 91 PAGER SERVICE-UTILITIES DIVISION 58.48 BAGS-LIQUOR STORE 99.20 PRINTING FORMS-CITY HALL 369.60 -HEAT SCANNER-$750-BUILDING INSPECTIONS 13692.05 -DEPT/UNIFORMS-$12036/REFLECTIVE LETTERS - FIRE DEPT MAP FRAMES-PARK PLANNING DEPT 684.60 CONFERENCE-BUILDING INSPECTIONS DEPT 125.00 PAINT-WATER DEPT 633.25 RADIO REPAIR-FIRE DEPT 1502.20 SAND-SNOW & ICE CONTROL DEPT 839.93 PROPELLAR METERHEAD REPAIR-WATER DEPT 265.73 -INSTALLATION OF WINDOWS & DOORS-7126 6599.00 BAKER RD-HOUSING REHABILITATION PROGRAM POSTERS-SAFETY DEPT 10.63 EMPLOYMENT ADS-HUMAN RESOURCES DEPT 119.70 1ST AID SUPPLIES-FIRE DEPT 188.42 MINUTES-HUMAN RIGHTS & SERVICES COMMISSION 75.00 -CONFERENCE/MILEAGE-BUILDING INSPECTIONS 102.40 DEPT SKATING DIRECTOR/FEES PAID 5871.08 -CONSULTING SERVICE FOR CHANGES TO 65.00 AMPHITHEATRE-PARK MAINTENANCE -POSTER DESIGN & LAYOUT SERVICE-HISTORICAL 22.50 & CULTURAL COMMISSION IGNITORS/LAMPS/FUSES-STREET LIGHTING DEFT 192.41 -SNAP RINGS/BEARINGS/IMPELLAR/GASKETS/ 2172.76 SHAFT SLEEVE/O-RINGS-WATER DEPT GAS FOR FIRE VEHICLE-FIRE DEPT 12.70 -COMPUTER SOFIWARE UPGRADE-WATER DEPT/ 168.00 LABELS-CITY HALL CHAIR REPAIR-FACILITIES DEPT 51.97 -POUCH HOOKS/CLAMPS/PLIERS/CABLE ASSEMBLY/ 182.99 -CHAINS-SNOW & ICE CONTROL DEPT/FORESTRY DEPT REFUND-OVERPAYMENT SPRINKLER PERMIT 5.00 LAB SUPPLIES-WATER DEPT 64.48 PHYSICAL EXAM-POLICE DEPT 202.00 VOLLEYBALL OFFICIAL/FEES PAID 60.00 SHEET MUSIC-ART & MUSIC PROGRAM 411.18 -CARBON DIOXIDE TANKS-POOL MAINTENANCE- 60.00 COMMUNITY CENTER MILEAGE-COMMUNITY CENTER ADMINISTRATION 24.50 CONFERENCE-HUMAN RESOURCES DEPT 49.00 (012F MARCH 19.1991 13697 G C PETERSON MACHINERY CO INC 13698 PITNEY BOWES INC 3699 POKORNY COMPANY 13700 POWER BRAKE EQUIPMENT CO 13701 PRAIRIE ELECTRIC COMPANY INC 13702 PRAIRIE HARDWARE 13703 PRAIRIE HARDWARE 13704 PRAIRIE HARDWARE 13705 PRAIRIE HARDWARE 13706 PRAIRIE HARDWARE 13707 PRAIRIE HARDWARE 13708 PRAIRIE HARDWARE 13709 PRAIRIE LAWN & GARDEN 13710 PRAIRIE OFFSET PRINTING 13711 PRIDE & PERFORMANCE INC 13712 PROTOOL 3713 PSQ BUSINESS COMMUNICATIONS INC 3714 PUMP & METERS SERVICE INC 13715 R & R SPECIALTIES INC 13716 FRANK RACKSTRAN 13717 RADIO SHACK 13718 REUTER RECYCLING INC 13719 RIDDLE CONTROL PRODUCTS INC 13720 RIEKE-CARROLL-MULLER ASSOC INC 13721 RORY RISK JR 13722 ROGERS SERVICE 13723 PAUL ROHE CONSTRUCTION 13724 ROLLINS OIL CO 13725 ST PAUL BOOK & STATIONERY CO 13726 SAFETY-KLEEN CORPORATION 13727 SAFETY & TRAINING SERVICES 13728 SALLY DISTRIBUTORS INC 13729 JOHN SANS 13730 SANCO INC 3731 SAVOIE SUPPLY CO INC 2969926 PLANER KNIVES/STAND/CASTERS-PARK MAINT 301.70 -2ND QUARTER 91 POSTAGE METER RENTAL-CITY 117.00 HALL VALVES-FACILITIES DEFT 15.00 BRAKE ASSEMBLY-EQUIPMENT MAINTENANCE 191.20 -REPLACED EMERGENCY BATTERY BACKUP UNITS- 744.40 COMMUNITY CENTER DOCKS/PAINT/PAINT BRUSHES-FIRE DEPT 45.68 -BULBS/BATTERIES/CAULKING GUN/KEYS/VELCRO/ 136.03 -BRACKETS/SCREWDRIVER-BUILDING INSPECTIONS DEPT/FACILITIES DEPT/ENGINEERING DEPT -KEYS/BUNGE CORDS/BROOM/DUCT TAPE/GLUE/ 124.44 -RUST REMOVER/HOOKS/CLIPS/DRILL BITS/DCOR SWEEPS-COMMUNITY CENTER -PAINT THINNER/PAINT BRUSHES/SANDPAPER/ 126.51 -RODS/PAINT/CAULKING/KEYS/BIRD SEED-PARK MAINTENANCE BOLTS/DRILL BITS-SEWER DEPT 12.72 BATTERY/WRENCH/SOCKET-STREET DEPT 19.01 -RODS/HOSE ENDS/HOSES/NOZZLES/WASHERS/ 325.85 -BRACKETS/CLEANING SUPPLIES/BATTERIES - WATER DEPT -SNOW BLOWER STARTER/DRIVE BELT-FACILITIES 112.62 DEPT/EQUIPMENT MAINTENANCE -PRINTING-EMPLOYEE NEWSLETTER-HUMAN 208.50 RESOURCES DEFT PLAQUE-HUMAN RIGHTS PROGRAM 409.13 ROUTER BIT-PARK MAINTENANCE 12.90 TELEPHONE REPAIR-CITY HALL 242.50 REBUILT NOZZLE-EQUIPMENT MAINTENANCE 57.00 -ZAMBONI BLADES SHARPENED/IMPELLAR/EXHAUST 246.70 REPAIR-ICE ARENA-COMMUNITY CENTER REFUND-OVERPAYMENT UTILITY BILLING 56.14 PLUGS/ADAPTERS/EARPHONE-POLICE DEPT 35.10 WASTE DISPOSAL-PARK MAINTENANCE 69.72 THUMBSCREW-SIGNS DEPT 17.23 -SERVICE-MITCHELL RD CONST/WASTE WATER 13351.31 -FLOW STUDY/SUNRISE CIRCLE & STARRING LANE FEASIBILITY STUDY VOLLEYBALL OFFICIAL/FEES PAID 27.00 ALTERNATOR REPAIR-EQUIPMENT MAINTENANCE 181.70 -INSTALLATION OF 00ORS/LOCKS/INSULATION- 3380.00 -11195 SUNNYBROOK-HOUSING REHABILIATION PROGRAM GAS-EQUIPMENT MAINTENANCE 7599.00 -OFFICE SUPPLIES-CITY HALL/WATER DEPT/PARK 143.93 MAINTENANCE/POLICE DEPT -TOWELS/CARBURETOR CLEANER-EQUIPMENT MAINT/ 212.75 PARK MAINTENANCE SAFETY VIDEO-WATER DEPT 181.00 CRAFT SUPPLIES-SOCIAL PROGRAM 123.40 MILEAGE-ASSESSING DEPT 13.00 -CLEANING SUPPLIES-FACILITIES DEPT/ 810.74 COMMUNITY CENTER/VACUUM-MOO-COMMUNITY CTR -DISTRIBUTOR/BUMPER/CORD/BELT-FACILITIES 48.35 DEPT G -JANUARY & FEBRUARY 91 EXPENSES-BUILDING INSPECTIONS DEPT VOLLEYBALL OFFICIAL/FEES PAID LAB SUPPLIES-WATER DEFT BASKETBALL OFFICIAL/FEES PAID EXPENSES-ADULT PROGRAMS -SWITCH-WATER DEPT/CABLE ASSEMBLY/ CARBURETOR-EQUIPMENT MAINTENANCE -REFLECTIVE LETTERS-FIRE DEPT/EQUIPMENT MAINTENANCE TYPESETTING-SENIOR NEWSLETTER DIVING INSTRUCTOR/FEES PAID VOLLEYBALL OFFICIAL/FEES PAID CLEANING SUPPLIES-FACILITIES DEPT -IMPACT GUN/WRENCH/PLIERS/BATTERY/CHISEL- EQUIPMENT MAINTENANCE EXPENSES-POLICE DEPT -2ND QUARTER 91 SERVICE/3RD QUARTER 91 PROGRAMING BUDGET LEGAL ADS-PLANNING DEPT REFLECTIVE EMBLEMS-FIRE DEPT BUS SERVICE-ADULT PROGRAMS VALVES-WATER DEPT -WHEEL ALIGNMENTS/BOLTS/SPRINGS-WATER DEPT/ EQUIPMENT MAINTENANCE BASKETBALL OFFICIAL/FEES PAID RINGS/GASKETS-WATER DEPT WELL PUMP REPAIR-WATER DEPT -LAMP/FLASHLIGHTS/SIREN & LIGHT CONTROL -SYSTEMS/MICROPHONES/MOTOR/REMAINING -SEATS/LIGHT BAR ASSEMBLIES/GRILLE & DECK -LIGHTS/IGNITION SECURITY SYSTEMS-POLICE DEPT/EQUIPMENT MAINTENANCE -SERVICE-DELL RD & SCENIC HEIGHTS RD/HWY 5 FRONTAGE RD/MITCHELL LAKE SANITARY SEWER LAMP ASSEMBLY/THERMOSTAT/HUB CAPS/CABLE/ CARBURETOR-WATER DEPT/EQUIPMENT MAINTENANCE -REPAIR DAMAGE DUE TO SEWER & WATER PROJECT-SUMMIT & MEADOWVALE DR SEWER SERVICE-PARK MAINTENANCE PHASE MONITOR REPAIRS-WATER DEPT RACQUETBALL RACQUETS-RACQUETBALL PROGRAM EXPENSES-BUILDING INSPECTIONS DEPT OFFICE SUPPLIES-PARK PLANNING DEFT BASKETBALL OFFICIAL/FEES PAID REIMBURSEMENT FOR SEWER DAMAGE SHEET MUSIC-ART & MUSIC PROGRAM -ACETYLENE/HELIM1 -EQUIPMENT MAINTENANCE/ FIRE DEPT UNIFORMS-FIRE DEPT UNIFORMS-POLICE DEFT CLEANING SUPPLIES-WATER DEPT BADGES-SKATING LESSONS CHEMICAL FEEDER PARTS-WATER DEPT 400.00 135.00 51.83 310.00 5.95 368.25 510.13 459.96 490.20 45.00 32.94 641.15 19.91 10282.36 766.80 136.50 1640.00 13.20 511.50 57.00 30.88 607.00 9497.11 8382.33 : 911.20 1482.05 ' 80.00 378.00 59.96 15.00 278.29 124.00 123.00 83.75 193.86 119.35 32.65 331.51 257.75 476.15 13732 KEVIN SCHMIEG 13733 RON SCHWARTZ 13734 SCIENTIFIC PRODUCTS DIVISION 13735 TIM SENSION 3736 KERRY SETTEN 13737 SHAKOPEE FORD INC 13738 SIGN A RAMA USA 13739 SIR SPEEDY PRINTING CTR 13740 SMITH DIVING 13741 PETER SMITH 13742 W GORDON SMITH CO 13743 SNAP ON TOOLS CORP 13744 SNYDER DRUG STORES INC 13745 SOUTHWEST SUBURBAN CABLE COMMISSI 13746 SOUTHWEST SUBURBAN PUBLISH INC 13747 SPECIALTY SCREENING 13748 SPIRIT COACHES INC 13749 SPS COMPANIES 13750 STANDARD SPRING CO 13751 JOAN STRASBURG 13752 STATE SUPPLY COMPANY 13753 STEVENS WELL DRILLING CO INC 13754 STREICHERS PROFESSIONAL POLICE EQ 13755 STRGAR ROSCOE FAUSCH INC 13756 SUBURBAN CHEVROLET 13757 SUPERIOR SPRINKLER SYSTEMS INC 13758 SWEDLUND SEPTIC SERVICE 13759 SYSTEM CONTROL SERVICES 13760 TARGET STORES 13761 LOWELL THONE 13762 TIERNEY BROTHERS INC 13763 KEVIN TIMM 13764 TOM TONKIN 13765 TRESTMAN MUSIC CENTER 13766 TWIN CITY WINE CO 13767 UNIFORMS UNLIMITED 13768 UNIFORMS UNLIMITED 13769 UNITED LABORATORIES INC 13770 THE US FIGURE SKATING ASSN 13771 VESSCO INC 4034152 1, MARCH 19.1991 13772 VETERANS OF FOREIGN WARS 13773 VICOM INC i3774 VIKING LABORATORIES INC 13775 VOLUNTEERS OF AMERICA 13776 VOSS ELECTRIC SUPPLY COMPANY 13777 VWR SCIENTIFIC INC 13778 WALDOR PUMP & EQUIP CO 13779 WATER PRODUCTS CO 13780 SANDRA F WERTS 13781 WEST SUBURBAN MEDIATION CENTER 13782 WEST WELD 13783 ROBERTA WICK 13784 JAMES ZALESKY 13785 ZEE MEDICAL SERVICE 13786 ZIEGLER INC 12853 VOID OUT CHECK 13127 VOID OUT CHECK 13135 VOID OUT CHECK 13282 VOID OUT CHECK 13317 VOID OUT CHECK 13343 VOID OUT CHECK 13443 VOID our (-NECK 177069 ADVERTISING-COMMUNITY CENTER -MARCH 91 WIRE MAINTENANCE AGREEMENT- COMUNITY CENTER CHEMICALS-POOL OPERATIONS EXPENSES-SENIOR PROGRAMS ADAPTERS-FACILITIES DEPT LAB SUPPLIES-WATER DEPT -0-RINGS/BEARINGS/SEALS FOR PUMPS-SEWER DEPT -COUPLINGS/GASKETS/VALVE BOX KEY/VALVES/ -GENERATORS/REMOTE READERS/PVC PIPE-WATER DEPT/DRAINAGE CONTROL DEPT MILEAGE/EXPENSES-RECREATION SUPERVISOR 1ST QUARTER 91 SERVICE-HUMAN SERVICES DEPT WIRE/LENSES/CABLE-EQUIPMENT MAINTENANCE MINUTES-CITY COUNCIL VOLLEYBALL OFFICIAL/FEES PAID 1ST AID SUPPLIES-STREET MAINTENANCE SWITCH-EQUIPMENT MAINTENANCE 110.00 7.00 308.55 14.00 111.00 131.84 574.25 1177.35 174.39 375.00 399.31 150.00 180.00 11.95 26.11 200.00- 1105.00- 131.00- 82.50- 352.31- 108.25- 1.00- $499100.44 , DISTRIBUTION BY FUNDS 268933.23 57451.13 35031.34 806.85 3747.12 74784.42 31621.50 4856.84 250.00 10633.49 10984.52 10 GENERAL 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 51 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 79 RALF 81 TRUST & ESCROW FUND 87 CDBG FUND $499100.44 March 7. 1 9 Q1 Dear Mayor Tenpas and City Council. I regret to Inform you that I must region from the Eden Prairie Human Righ7:s and Services Commission effective Aor11 I. 1991. Our house has been sold and we are moving out of the community. This saddens me for two reasons. First. I have enioyea tremendously mv five Year association with this commission. I believe the direction in which we have been moving has ibeen of benefit to the residents of our community and I am Particularly Pleased that the commission has taken a more active role in the area of human rights. In aooition. toe duality ano oecication of all HRSC mempers is commendacle. I will truly miss workina with this fine croup ot peoce. tn aodition to leaving toe commission. I am truly lacc:?necl MDCUr leavino Ecen Prairie. our home for 17 years. nrcum : have always ceen tC say "I live in Eden I rave coasted acout the aualitv of life. including its crowth. its services and its leadership. Althouch we are not movina far away (Shorewood). I will miss calling Eden Prairie mv home. Thank you for the opportunity to serve my community. It has been most rewarding. I wish you all continued success as You plan for the future. Sincerely. Gail Leiloold. Chair Human Rignts and Services Commission c. Natalie Swaaaert 3-1 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THROUGH: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation and Natural Resources'— DATE: March 8, 1991 SUBJECT: Policy on Past Due Rental of Facilities The City of Eden Prairie has consistently had a policy of billing for rental of facilities on a monthly basis at the Eden Prairie Community Center. The vast majority of individuals and groups that rent facilities at the Community Center pay these monthly bills on time and in full. At this time, we have one organization that has paid less than 50% of the rental due for 1990 and has made no payments on rentals due for 1991. Although, we have had many telephone conversations with the organization and there have been promises for payment, they have not been forthcoming. City staff requests the Council adopt a policy on past due fees in order to clarify for staff, as well as facility renters, what steps the City will take in order to assure prompt payment for rental of facilities. PROPOSED POLICY: The City of Eden Prairie will bill all individuals or groups renting facilities at the Eden Prairie Community Center on a monthly basis. Statements will be sent out on the first working day of each month for the previous month's rental fees. The renter will have until the 15th of the month to submit payment in full for the previous month's rental of the facility. If payment is not received within the proposed period, the City will then begin charging interest on the balance at 8% and if payment is not received by the 30th of the month, the individual or group will be barred from further use of the facilities until payment is received, or a payment schedule is negotiated. BL:mdd policy/5 640 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-63 (LC. 52-173) PRELIMINARY LAYOUT APPROVAL CSAH 62 LAYOUT PLAN CSAH 60 TO CSAH 4 WHEREAS, the Hennepin County Department of Public Works has prepared a p r e l i m i n a r y layout for CSAH 62 between CSAH 60 and CSAH 4 and is designated Layout N u m b e r 1 (revision dated 02-02-91) for Project Number 6312; WHEREAS, the improvement of this roadway would be beneficial to the health, s a f e t y a n d welfare of the City of Eden Prairie by providing much needed transportation corrid o r s t h r o u g h the community; and WHEREAS, the City of Eden Prairie desires that the improvements be provided at t h e e a r l i e s t convenient date. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY CO U N C I L t h a t said Layout Number 1 is hereby approved preliminarily, and that the County i s h e r e b y authorized by the City to acquire all rights of way, permits and/or easements requi r e d f o r s a i d improvement in accordance with said Layout No. 1 and prepare final plans and spe c i f i c a t i o n s subject to the following: A. The City reserves the right to review the final construction document prior to final approval of the design. B. The County will comply with Eden Prairie's Tree Replacement Ordinance. C. As previously agreed, the County will overlay and improve the shoulders of the in-place section of the frontage road prior to turn-back to the City. ADOPTED by the Eden Prairie City Council on March 19, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk 441 INTERVIEWS FOR HUMAN RIGHTS & SERVICES COMMISSION NOTE: The Council will meet at 7:00 PM to interview candidates to fill the vacancy on the Human Rights & Services Commission TUESDAY, APRIL 2, 1991 COUNCILMEMBERS: CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, and Recording Secretary Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION OF THE POLICE & FIRE DEPARTMENTAL COMMENDATION TO JOAN JOHNSON I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special City Council Meeting held Tuesday, February 26 1991 B. City Council Meeting held Tuesday, March 19 1991 III. CONSENT CALENDAR A. Clerk's License List B. Release of Special Assessment Agreement between the City and Hestia Homes Inc. for the Construction of Valley View Road through the Prairie Knolls Subdivision C Award Contract for Street Sweeping, I.C. 52-222 (Resolution No. 7:76) D. Award Contract for Portable Engine-Generator Set I.C. 52-215 (i5lution No. 91-75) E. Authorize Mayor and City Manager to Execute Agreement and Restrictive Covenant for Each of 4—Properties Purchase through the Metropolitan Right-of-Way Acquisition Loan Fund Page 642 Page 643 Page 653 Page 668 Page 670 Page 672 City Council Agenda Tuesday, April 2, 1991 Page Two V. VI. F. TIMBER BLUFFS by Brown Land Company. 2nd Reading of Ordinance No. 50-88-PUD-14-88, Rezoning from Rural to PUD-14-88-R1-22 on approximately 4 acres, from Rural to PUD-14-88-R1-44 on approximately 15 acres; Approval of Developer's Agreement; Adoption of Resolution No. 91-86, Authorizing Summary and Ordering Publication of Ordinance No. 50-88-PUD-14-88; 44.4 acres into 14 single family lots, and 2 outlots. Location: Southeast Eden Prairie, south of Riverview Road, west of County Road 18, and east of Huntington Drive. (Ordinance No. 50-88-PUD-14-88 - Rezoning; Resolution No. 91-86 - Authorizing Summary, Order Publication) G. Receive Petition and Order Feasibility Study for I.C. 52-189, Braxton Street and UtiTTEi Improvements (Resolution No.91-85) IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications TOT.—T.c. 52-205 (Street and Utility-Tmprovements on Sunrise Circle) Resolution No. §17-78 B. FAIRFIELD 1991 AMENDMENT by Centex Real Estate Corporation. Request foi-Timing District Amendment within the R1-9.5 Zoning District on 23 acres; Adoption of Resolution No. 91-64, Planned Unit Development Concept Amendment on 118.2 acres; Planned Unit Development District Review with waivers on 23 acres; Adoption of Resolution No. 91-65, Preliminary Plat of 23 acres into 61 single family lots and road right-of-way to be known as Fairfield 1991 Amendment. Location: North of Stanley Trail, north of Candlewood Parkway (Ordinance No. 10-91-PUD-4-91 - Zoning District Amendment; Resolution No. 91-64 - PUD Concept Amendment; Resolution No. 91-65 - Preliminary Plat) C. VACATION 91-04 Vacation of Drainage and Utility Easements and Street Right-of-Way within an Undeveloped Portion of Bluffs West (Resolution No. 91-71)-- D. VACATION 88-01 RIGHT-OF-WAY VACATION FOR PART OF ONTARIO BOULEVARD-lution No. 91-74) PAYMENT OF CLAIMS ORDINANCES & RESOLUTIONS A. WELTER'S PURGATORY ACRES 6TH ADDITION by Peter Andrea Company. 2nd Reading of Ordinance No. 7-91, Zoning District Change from Rural to R1-13.5 on 10.95 acres with variances reviewed by the Board of Appeals; Approval of Developer's Agreement; Adoption of Resolution No. 91-82, Authorizing Summary and Ordering Publication of Ordinance 7-91; 10.95 acres into single family lots, 1 outlot and road right-of-way to be known as Welter's Purgatory Acres 6th Addition. Location: North of Welter's Way and south of Sunnybrook Road. (Ordinance No. 7-91 - Zoning District Change; Resolution No. 91-82 - Authorizing Summary and Ordering Publication) Page 677 Page 686 Page 690 Page 691 Page 702 Page 706 Page 709 Page 710 City Council Agenda Tuesday, April 2, 1991 Page Three B. 1st Reading of Ordinance No. 11-91 Regarding Dumping Household Requse in Public Trash ReceptiTTi-i VII. PETITIONS REQUESTS & COMMUNICATIONS A. Eden Prairie Chamber of Commerce Business Survey VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS, & COMMITTEES IX. APPOINTMENTS A. Human Rights & Services Commission - Appointment to fill an unexpired term to 2/28/92 on the Human Rights & Services Commission X. REPORTS OF OFFICERS A. Reports of Councilmembers B. Report of City Manager 1. Revenue Bond Fees XI. OTHER BUSINESS XII. ADJOURNMENT Page 720 Page 723 Page 726 CITY OFFICES 1 7710 EXECUTIVE OfiriE EOEN AN 55:444677 7ELEPHCNE 5I2I337-1252 April 2, 1991 Joan Johnson COMMENDATION On February 10, 1991, at approximately 10:20 a.m., your neighbor came to your residence requesting your assistance for his wife. You went to his home and found his wife in full cardiac arrest. You began cardiopulmonary resuscitation (CPR) immediately and continued for approximately 10 minutes until Police and Fire Rescue personnel arrived. When the Paramedics arrived, they were able to defibrillate the victim and restore her heart rate. The Paramedics in the ambulance attributed the remarkable recovery of the victim to your immediately starting CPR. Because of your clear thinking and quick actions, a potential fatality was avoided. You helped give your neighbor a second chance. On behalf of the City of Eden Prairie, we would like to commend you for your outstanding lifesaving effort. K Keith J. Wall Cheryl Petersen Chief of Police Awards Committee Chairperson Spencer Conrad Fire Chief UNAPPROVED MINUTES SPECIAL EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 26, 1991 COUNCILMEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 6:00 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, and Patricia Pidcock City Manager Carl J. Jullie, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Gene Dietz, City Assessor Steve Sinell, Director of Inspections Kevin Schmieg, Police Chief Keith Wall, Director of Human Resources & Community Services Natalie Swaggert, and Recording Secretary Jan Nelson (' 'DLL CALL -- Mayor Tenpas called the meeting to order at 6:15 PM. A l l members were present. Jessen arrived late. I. APPROVAL OF AGENDA The following items were added to the agenda: IV.A. Naegele Signs; IV.B. B.F.I. contribution to Southwest Corridor Coalition; and IV.C. Date for Joint Presentation to City Council And School Board. MOTION: Harris moved, seconded by Pidcock, to approve the Agenda as published and amended. Motion carried unanimously. II. BTUDY ITEMS A. Budget/Revenue Projections The Council postponed this item until Jessen's arrival. III. hPPOINTMENTS A. Board of Appeals & Adjustments (3 three-year terms commencing March 1, 1991) Tenpas said there was a resignation from this Board so there is an additional unexpired two-year term to be filled. City Council Meeting 2 February 26, 1991 Neil E. Akemann, Sharon Roe Anderson , M i c h a e l J . W i l k u s a n d John E. Freemyer each received three o r m o r e v o t e s o n t h e first ballot. MOTION: Harris moved, seconded by P i d c o c k , t o a p p o i n t J o h n E. Freemyer to the unexpired two-yea r t e r m o n t h e B o a r d o f Appeals 6 Adjustments. Motion carri e d u n a n i m o u s l y . B. Building Code Board of Appeals (2 three-year terms commencing March 1, 1991) Allan Callender (4 votes) and Rober t C . L e b e c k ( 3 v o t e s ) were elected to the two three-year t e r m s o n t h e B u i l d i n g Code Board of Appeals. C. Flyina Cloud Airport Advisory Commissi o n (2 three-year terms) Tenpas said he had met one of the ca n d i d a t e s , A n d r e w D e t r o i , who was unable to attend the review sess i o n . H e s a i d D e t r o i was involved with the F.A.A. and was p r e s e n t e d w i t h a n a w a r d at the opening ceremony of the Air T r a f f i c C o n t r o l l e r s ' School. Kent Barker was elected to one thre e - y e a r t e r m o n t h e f i r s t ballot with 4 votes. No candidate r e c e i v e d t h e r e q u i r e d three votes on the second ballot. C o u n c i l d e c i d e d t o d e f e r the third ballot to Jessen's arriva l . D. Historical & Cultural Commission (4 Positions: 1 unexpired two-year term, and 3 three-year term s c o m m e n c i n g M a r c h 1 , 1991) On the first ballot, Beth Beutell an d M i c h a e l T . K a l l a s received 4 votes each, and Ronald A. C a s e a n d B e t t y M c M a h o n received 3 votes each. MOT/ON: Harris moved, seconded by A n d e r s o n , t o a p p o i n t Betty McMahon to the unexpired two-y e a r t e r m o n t h e Historical & Cultural Commission. M o t i o n c a r r i e d unanimously. E. Human Rights & Services Commission (3 three-year terms commencing March 1, 1991) The election of Kent Barker to the F l y i n g C l o u d A d v i s o r y Commission produced an additional un e x p i r e d t w o - y e a r t e r n o n this Commission. Jessen arrived at 6:40 PM. Dick Daniels and Virginia Gartner each received 5 vo t e s , and Bette Anderson and Joan H. Engst r o m e a c h r e c e i v e d 4 votes on the first ballot. City Council Meeting 3 February 26, 1991 MOTION: Anderson moved, seconded by Pidcock, to appoint Joan H. Engstrom to the unexpired two-year term on the Human Rights & Services Commission. Tenpas said he thought it was more appropriate to appoint an incumbent to the unexpired two-year term. Vote on the Motion: Motion carried with Tenpas opposed. C. Flying Cloud Advisory Commission (Continued) After Jessen's arrival, the Council cast the second ballot for the remaining three-year term on the Flying Cloud Advisory Commission. Andrew Detroi was elected to serve the term. F. Parks. Recreation & Natural Resources Commission (3 Positions: 1 one-year unexpired term, and 2 three-year terms commencing March 1, 1991) On the first ballot Patrick A. Richard received 5 votes, Bruce Bowman received 3 votes and Diane Popovich Lynch received 3 votes. MOTION: Pidcock moved, seconded by Harris, to appoint Bruce Bowman to the unexpired one-year term on the Parks, Recreation & Natural Resources Commission. Anderson said he recalled that previous discussion had been to appoint Bowman and Richard to the three-year terms. Motion was withdrawn by Pidcock with the consent of Harris. MOTION: Pidcock moved, seconded by Harris, to appoint Diane Popovich Lynch to the unexpired one-year term on the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. G. Planning Commission (2 three-year terms commencing March 1, 1991) Katherine C. Kardell and James B. (Jim) Hawkins were elected to the Planning Commission on the first ballot. H. Waste Management Commission (3 Positions: 1 two-year unexpired term, and 2 three-year terms) Timothy J. Colliton and Sharon Howard were elected to the Waste Management Commission on the first ballot. No candidate received the required 3 votes on ballots two, three and four. Julie Ann Myhre received three votes on the fifth ballot. City Council Meeting 4 February 26, 1991 MOTION: Harris moved, seconded by Pidcock, to appoint Julie Ann Myhre to the two-year unexpired term on the Waste Management Commission. Motion carried unanimously. II. STUDY ITEMS A. Budget/Revenue Projections Jullie reviewed the handout on 1991 property taxes prepared by City Assessor Sinell and his staff. Pidcock asked what the tax rates were for 1990 and 1991. Jullie replied that it was 20.27% in 1990, and in 1991 we are at 21.04%. Tenpas asked if most of the new tax base was primarily from new construction. Sinell said it was mostly new construction with a small amount of inflation last year. Jullie noted that for 1991 the total tax rate is at 110.6%, as compared to 101.3% last year. He said that Hopkins School District No. 270 went up approximately 16% in 1991. He said that district includes the Bryant Point and Carmel neighborhoods. Harris said she thought it was important that the news media stress the point that the increase for those neighborhoods is primarily due to the School District increase. Jessen asked if District No. 270 had passed a referendum. Sinell said a referendum was passed, and, based on preliminary information, there will be a $63.00 increase on a $100,000 house because of the levy. Jessen asked how much revaluation was done and what the average increase was on those properties. Sinell said one- fourth of the homes were revaluated and the average change was 2-3%. He noted that most of the changes occurred because of physical changes in the properties since the last revaluation. Jessen asked if there was an inflationary factor on the properties that were not revaluated. Sinell said generally there was very little change in those properties. Jessen asked what was the basis for changes to such properties. Sinell said sales within the neighborhood enable them to track areas that should be valued at a higher or lower rate. Jullie noted that pages 3-9 are the same as those presented at the budget hearing except that they have updated information. Harris commented that the chart showing the relatively low tax impact resulting from the City's rate increase is very important for the Council because it demonstrates the City's continued effort to hold the line on expenses. Jullie reviewed the highlights of the General Fund budget forecasting material that was prepared by Assistant to the City Council Meeting 5 February 26, 1991 City Manager Craig Dawson, Sinell and others. He said the four-year forecast was prepared in order to estimate our ability to maintain the goal of keeping a stable tax rate in the face of the economic slowdown. He noted we have been quite successful to date in maintaining that goal; however, it will become increasingly difficult over the next few years because of the economy, changes in state legislation, and some of the major capital needs that we will have to fund. Jullie noted that the 1991 net tax capacity is $72.3 million. He said that, while commercial/industrial makes up a large percentage of the tax base, one of the trends being seen is towards property tax relief for these properties. He said this will result in a shift of the tax burden to residential property unless revenue is injected to offset the trend. Jullie said the 1991 adjusted net tax capacity is $58.9 million. Tenpas asked if that is a result of fiscal disparities. Jullie said it is primarily due to fiscal disparities with some due to our tax increment district. A discussion followed regarding net tax capacity. Sinell said net tax capacity is a new term for assessed value and is the value to which the rates are applied. Jullie said it represents the market value times the various property type percentages. Tenpas asked if net tax capacity is different from tax revenue. Sinell said the tax revenue could be more or less than 100% of the net tax capacity, depending on the tax levy rates. Tenpas asked if we are over 100% because of the fiscal disparities loss. Sinell said that was correct, because if we had that in our tax base and divided our levy into $72 million, our rate would be 15 or 16% instead of 21%. Anderson said he was concerned about the newspaper report on the Governor's proposal to drop taxes on commercial/industrial and raise taxes on residential. Tenpas said he understood that the proposal was to eliminate the third tier rather than simply raising residential taxes. Harris said she saw an article reporting a proposed reduction of 1% (from 6% to 5%) on commercial. Anderson said he thought the concern was that it would decrease taxes on expensive homes and increase taxes on cheaper homes. A discussion followed regarding the impact of the Governor's proposed property tax changes. Sinell said it is difficult to project how any of the proposals would play out until we know how they propose to adjust the school funding. Tenpas asked where the cut in commercial/industrial will be made up. Sinell said the tax policy determines how the tax City Council Meeting 6 February 26, 1991 levy will be spread out and a change in policy may force a shift from one type of property to another. Tenpas said he is concerned that things such as fiscal disparities or tax changes actually penalize a community such as Eden Prairie that has deliberately tried to build a diversified tax base. Pidcock said she thought diversity was important for other reasons, not just to build a tax base. Sinell then illustrated the concept of tax capacity, how cities may exceed or fall below 100% of tax capacity, and how the state tries to maintain balance between out-state cities and the metropolitan area. A discussion followed regarding the possible effect of additional revenue requirements on tax capacity and what limits are imposed on tax capacity. Anderson asked how the proposed tax increase as we understand it would affect the average taxpayer in Eden Prairie. Sinell said it would not affect the average taxpayer because we do not receive local government aid. Anderson noted, however, that any home valued over $178,000 will get a decrease in taxes and anything under that value will receive an increase, thereby putting a greater burden on the lower priced home. Pidcock said that the circuit breaker would come into effect for the lower-priced home. Discussion followed regarding the portion of taxes attributable to debt service, particularly for the school districts. Tenpas asked about the effect of fiscal disparities on the tax rate. Sinell said fiscal disparities affects only the School District and City rates. Jullie said our property taxes would be about 10% less without fiscal disparities. Jullie said we estimate our general fund balance to be $2.5 million at the end of 1990, which is about 15% of our annual expenditures. Jessen asked what the balances are in the other funds. Jullie said they are in the process of going through all of the other funds, checking allocations made in previous years, and making sure of the ending balances. Tenpas asked if we will be able to project what revenues will be for the next three or four years. Jullie said there are windfalls such as the cable franchise sale and the BFI settlement that are not necessarily predictable. Jessen asked about the status of operating funds such as the T.I.F. fund and the sewer and water fund. Finance Director Frane said those are very healthy. Jullie said those are City Council Meeting 7 February 26, 1991 typically dedicated to operating expenses and are not available for capital expenditures. Tenpas asked about the status of engineering fees. Jullie said that balance was transferred out last year. Jessen asked when we would know the balances of the other funds. Frane said those should be available in a month and a half. Jessen asked if we have an internal service fund. Frane said we do not have such a fund. Jullie reviewed the general assumptions used for the budget forecast. He said they projected $60 million of new single- family construction each year. A discussion followed regarding the basis for the $60 million projection. Pidcock asked if there has been a drop off in building permits. Director of Inspections, Safety & Facilities Schmieq said there has been about a 10% drop since September. Anderson asked if the drop was in any particular type of housing. Schmieg replied that there are no spec homes being built; however, projects are going well. Jullie said it looks like our next year's tax base will be 2.4% more than this year. Tenpas asked if that means we could increase the City budget by 2.4% without affecting taxes. Jullie said that was correct. Tenpas said there is just not time for the Council to tie all this information together, and yet the Council must be able to make this understandable to the community. He said he thought it was time to look at having a Finance Commission to help both the Council and Staff with budgets and to help communicate information to the community. Jessen asked how often the Council reviews the budget status year-to-date against the financial plan. Frane said it is done quarterly. Tenpas said he would like to see the one- page quarterly summary expanded and presented more often. A discussion followed regarding revenues and expenditures balancing out during the tax year. Harris commented that during her tenure we have come out extremely well each year for budgets and expenditures. Anderson said he recalled a time in the early 80's when some problems occurred because taxes were not being paid. Frane said that occurred when developers were not paying their special assessments. Pidcock commented that that can be expected in a recession. Tenpas said he thought it was important for the Council to have all the pieces of the puzzle in place so that if a tax increase is necessary we can explain it to the community. He said he would like to have a monthly breakdown of the numbers. Harris asked if the same goal might not be achieved by having periodic financial reports from the Staff. City Council Meeting 8 February 26, 1991 Jullie said they have been working on this and recently extended an offer to an individual for the position of Senior Accountant. He said they are developing a new budget reporting format to bring to the Council so Staff can better understand what the Council wants to see. Tenpas said he thought a budget committee or a finance commission would have the ability to sit down with the departments to look at long term staffing requirements. He said this would help to get information back in the process. He said there are a lot of talented people in the community and we could get their help free. Harris said she had a problem determining what the mandate for a finance commission would be. She said she thought we have to be very careful not to get into micro-management of the City. She felt the Council has not always articulated its needs, and she has a concern about the Council relieving itself of one of its principal responsibilities--the stewardship of the City's revenues. Tenpas said he agreed that the Council has the ultimate responsibility for spending in this community, but he said he doesn't have enough time to spend getting the information necessary to know what is going on. Harris said she thought the Council needs to define what we need to do our job and then decide whether we need assistance in carrying out that function. Pidcock noted that Edina uses corporate executives on loan to help with specific projects. A discussion followed regarding the use of a task force to help in the organizing of the financial planning process. Jessen said that, with some quality time spent and with the new formatting to be worked out, we should be able to get the information we need at budget time. Director of Planning Eager said the staff members who are attending the mini-MBA program at St. Thomas have learned about the operation of the Budget Committee at St. Thomas. He said it would be important to define the tasks of the budget process. Sinell noted that St. Thomas included all those who will be affected by the budget, including students, staff and others. Sinell also noted the importance of strategic planning as a starting point for the process. MOTION: Anderson moved, seconded by Harris, to limit the discussion on the Working Draft of the 1991-1994 Budget Forecast to 9:00 PM. Motion carried with Tenpas opposed. Jessen said he thought we need to establish a calendar and get to the process early so that we can address the levels of tax, service levels, and other strategic and policy decisions and then go back and make substantive policy and allocation decisions at the Council level. Harris said she City Council Meeting 9 February 26, 1991 thought that was important because until we do that we can't give direction to anyone else, including a budget committee or a commission. Jessen said the new budget reporting format should be done in April or May so that we could then have a budget strategy session in June for next year's budget and still have a couple of months for constructive budget work with the department directors. He said that would allow the Council to decide what the major priorities for the City will be. Harris said that we could then revisit the issue of some type of task force or committee at that time. Tenpas said in summary that Staff will be back to the Council in the next 60 days with a draft of a budget report for review and recommendations of the Councilmembers. He said he would suggest that we bring in a facilitator at a meeting in May or June, after which the Council would set some direction for Staff as far as services, merging departments and other recommendations. He said he would also need to know long term revenue projections in order to make any decision regarding a new City Hall or other major projects and issues. Anderson said he was not sure how far we were going to go with the information presented in the packet for tonight's meeting, and he felt he would need more information before deciding on such items as a finance commission or budget committee. He said he would like to see the agenda reflect the topics to be discussed. Tenpas said he thought we are having these planning meetings as forums to generate ideas and they may not have fixed agendas nor be very formal meetings. IV. OTHER BUSINESS A. paegele Signs Ar,derson said the memorandum from Staff with recommendations brings us back to information covered several years ago. He said many cities have taken action to remove billboards along 494. He said he considers the liquor and cigarette advertisements along the freeway to be a form of visual pollution. He said he would strongly recommend that the Council notify MnDOT that the zone allowing such advertisement should no longer exist. He said he thought the Council should also recommend removing zones allowing advertising along 169 and the river bluffs where billboards exist today. Jessen said he thought it might be more appropriate to put this on the agenda for a regular meeting. Anderson said he brought it up because it was in the packet. Tenpas asked if his objection was to the type of advertising or to any advertising. Anderson said he objected both to I City Council Meeting 10 February 26, 1991 the type of advertising on the billboards and to any advertising in areas that we have tried hard to preserve. Harris said this is a revisit to an existing issue and noted that a few years ago the Council decided that as the licenses expired we would have the billboards removed. She said she thought it did warrant discussion at a regular meeting. Tenpas asked if it would be possible to provide some written historical information on the subject of billboards. A discussion followed regarding previous agreements made on billboards and the current status of those agreements. Enger suggested that the discussion be set up as a closed session with the City Attorney in order to cover the legal aspects of the problem. B. D.F.I. Contribution to Southwest Corridor Coalition Pidcock reported that B.F.I. contributed $1,000 to the Southwest Corridor Coalition and that they are willing to have one of their officers serve on the Coalition's Board of Directors. C. Date for Joint Presentation to City Council and School Board Jullie said the speaker will be available on March 18. He said the School Board has their meeting that night so they would have to leave by 7:45 PM. A discussion followed regarding optional dates and times. Tenpas said he thought it was important to set a date and stick with it. The meeting was set for 6:30 PM on March 18. v• allIMLEOZNI MOTION: Pidcock moved, seconded by Anderson, to adjourn the meeting at 9:20 PM. Motion carried unanimously. '11'2C\ TIME: LOCATION: COUNCILMEMBERS: CITY COUNCIL STAFF: EDEN _ERAIRIE CITY COUNCIL UNAPPROVED MINUTES 7:30 PM Tuesday, March 19, 1991 City Hall Council Chambers, 7600 Executive Drive Mayor Douglas Tenpas, Richard Anderson, Jean Harris, Patricia Pidcock and H. Martin Jessen 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 Roberta Wick PLEDGE OF ALLEGIANCE ROLL CALL Present: Douglas Tenpas, Richard Anderson, Jean Harris, H. Martin Jessen, Patricia Pidcock I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Anderson moved, seconded by Pidcock, to approve the agenda. Jullie requested that Item X.B.1, Discussion of Special City Council Meeting Dates, be added to the agenda. Pidcock requested that Item X.A.2., Letter from John Lee be added. Agenda approved as amended 5-0. II. MINUTES A. city Council Meeting of March 1991. MOTION Harris, moved, seconded by Pidcock, to approve the Minutes of the City Council Meeting held Tuesday, March 5, 1991. Pidcock requested a correction on Page 1 of the Minutes, second sentence under Item I should read "Pidcock requested the addition of one item ....". On page 3 of the Minutes, third paragraph, tenth line should read, "Tenpas said that because the City received benefit from the ...". Jessen said that on Page 11 of the Minutes, fourth paragraph, the last line should read "He said monitoring would be done at least five days a week May through September." Harris pointed out that the vote to adjourn on Page 15 should be 5-0 instead of 4-0. Minutes approved as amended 5-0. City Council Minutes 2 March 19, 1991 III. CONSENT CALENDAR A. Clerk's License List B. Final Plat Approval of Village Knolls (located at the S,E, Corner of Homeward Hills Road and Silverwood Drive) Resolution No. 91-60. C. Resolution No. 91-61 Authorizing Permit Application to MWCC Allow Connection to MWCC Facilities for the Proposed Village Knolls Subdivision. D. Approve Settlement Agreement with the American Fundamentalist Church for Valley View Road Assessments and Right-of-way isitjon. E. Release of Specjal Assessment Agreement 89-04, for the Construction of Staring ling Lake Parkway and Twin Lakes Crossing Through Aoulder Pointe, F. Approve Change Order No. 5 for tylihell/Jksearch Road Improvements, I.C. 52-051. G. Approve Change Order No. 2 for Mitchell Road lind Sandy Pointe Addition Improvements, I.C. 52-156 and 52-201. H. Approve Change Order No. 2 for Cedar Ridge Storm agy_er Improvements, I.C. 52-152. I. Amoco, by Amoco Oil Company. 2nd Reading of Ordinance 51-91-PUD- 2-91, Zoning District Amendment within the Community Commercial District; Approval of Developer's Agreement; Adoption of Resolution 91-37, Authorizing Summary of Ordinance 5-91-PUD-2-91 and Ordering Publication; Adoption of Resolution 91-35, Site Plan Review with the Community Commercial District on 0.8 acres for construction of a gas station/food shop to be known as Amoco. Location: southeast corner of Mitchell Road and Martin Drive. (Ordinance 5- 91-PUD-2-91, Zoning District Amendment; Resolution 91-37, Authorizing Summary and Ordering Publication; Resolution 91-35, Site Plan Review). J. Outside Storage and Display by City of Eden Prairie. 2nd Reading of Ordinance 3-91, amending City Code Chapter 11, Section 11.03, Subdivision 3.J.1. and 2., and by adding a new 4., to clarify regulations pertaining to outside storage and display in Industrial and Commercial Districts; Resolution 91-30, Authorizing Summary and Ordering Publication of Ordinance 3-91. (Ordinance 3-91, Outside Storage; Resolution 91-30, Authorizing Summary and Ordering Publication). City Council Minutes 3 March 19, 1991 K. Village Knolls, by Argus Development. 2nd Reading of Ordinance 21- 90, Zoning District Amendment within the R1-13.5 Zoning District on 8.7 acres; Approval of Developer's Agreement; Adoption of Resolution 91-70, Authorizing Summary of Ordinance 21-90 and Ordering Publication; 23 single family lots, 2 outlots and road right-of-way for a residential development. Location: East of Homeward Hills Road at Silverwood Drive. (Ordinance 21-90, Zoning District Amendment; Resolution 91-70, Authorizing Summary and Ordering Publication/. L. Receive 100% Petition and Order Preparation of Plans & Specs for Bluffs East 8th, Storm Sewer Improvements, I.C. 52-223 Resolution No. 91-67. M. Receive 100% Petition and Order Preparation of Plans & Specs Lor Bluffs East 9th, Street and Utility Improvements, I.C. 52-224 Resolution No. 91-69. N. Receive 100% Petition and Order Preparation of Plans & Specs for Cedar Ridge Estates 2nd Addition, Street and Utility Improvements, I.C. 52-225 Resolution No. 91-68. 0. A Commendation for Eden Prairie High School Girls Gymnastics Team. P. Authoriza.tion for Hepatitis-B Vaccinations. Q. A_pprove Plans and _S_p_egitication and Order for licijAf Eden Hills Utility and Street Improvements, I.C. 52-212 Resolution No. 91-71. MOTION Harris moved, seconded by Pidcock, to approve the Consent Calendar. On Item 0. A Commendation for Eden Prairie High School Girls Gymnastics Team, Pidcock volunteered to make this presentation to the coach and the team. Motion approved 5-0. IV. PUBLIC HEARINGS A. Order Improvements and Preparation of Plans and Specifications, I.C. 52-203 (Street and Utility Improvements goSti_i_r gin Lane and Ridge Road) Resolution No. 91-62. Jullie said official notice for the public hearing was properly published in the Eden Prairie News and a copy of the feasibility report was mailed to the property owners involved in the project. There also had been a neighborhood informational meeting held to review the proposed improvements. City Council Minutes 4 March 19, 1991 Alan Gray, City Engineer, explained the project by the use of maps and charts. He said the estimated assessment to each property in the project area was $7,792 for the street improvements; $3,047 for the water mains, and $3,270 for the sewer, for a total of $14,109. He also pointed out if parcels had potential to be divided into two or more units, those properties would be assessed more than others. However, the extra assessments would not be levied until development actually took place. He said the assessment for the street improvements would be levied in the fall of 1991. If a property had a working well and septic system, the assessments for the sewer and water would be levied at the time of hook-up or in 1997 at the latest. Other costs to be paid to the City for hooking up to the system would be approximately $1700. Connection costs which would be paid to a plumbing contractor would range from $1500-$3,000. He said the tentative schedule for the project would be to open bids on June 17, 1991, award the contract on June 18, 1991, with the contractor proceeding immediately after that date. A special assessment hearing would be held in September 1991, with final completion scheduled for July 1992. Bill Gloede, 9141 West Staring Lane, spoke in favor of the project with a reservation about the storm sewer. He said he would like the City to find an alternative to draining both sides of the road on to his property. Gray said that it was possible there would be a storm sewer installed to the west in the Sunrise area and possibly an outlet could be developed at that location. Yvonne Hargens, 9060 West Staring Lane, spoke in favor of the project. However, she was concerned about being assessed for three lots as there were no plans to develop the lots. Dietz said that because of the way the law was written, all possible assessments had to be included at the time the project was approved. They could be removed at a later date, but not added. This was the reason for showing these assessments. Dan Lindholm, 9271 E. Staring Lane, spoke against the water and sewer portion of the project. He said he did not need the improvements because he had a working well and septic system. He also suggested a tar road in the area would be sufficient. LeRoy Heitz, 9281 E. Staring Lane, said he was opposed to the project on the basis of costs. He did not believe the costs would benefit the property or the City. Ron Ostman, 15080 Ridge Road, spoke in opposition to the project because he had had no difficulty with his present septic and water systems. City Council Minutes 5 March 19, 1991 Olina Floro, 9148 E. Staring Lane, spoke in opposition to t h e e n t i r e project. She said she did not believe she would be able t o r e c o v e r the costs in the future, and added that her water and sept i c s y s t e m were working sufficiently. Pat Hartell, 9140 W. Staring Lane, spoke in opposition t o t h e p r o j e c t . She said her property had good well and septic systems a n d believed the gravel road was adequate. She believed th a t t h e r e were too few people being served for the money involve d , a n d encouraged the Council to wait before installing the impr o v e m e n t s . Mike Brown, 9021 W. Staring Lane, spoke in favor of th e p r o j e c t . H e said he believed it was time for the improvements to be i n s t a l l e d a n d believed the costs would be higher in the future. Wendell Owens, 9041 E. Staring Lane, spoke in favor of t h e p r o j e c t . He said he believed a better road was needed because w a t e r r u n o f f in the area. Pat Bower, a resident of Chanhassen who owns one lot i n t h e p r o j e c t area at 9150 E. Staring Lane, said he was concerned about attempting to sell the lot with the improvement project p e n d i n g . H e said the assessments were a negative for selling the pro p e r t y b u t h e also saw a benefit in the improvements. Gayle Olson, 9051 E. Staring Lane, said he believed the project was necessary and stressed the need for fire protection in th e a r e a . H e was concerned about this because of the road deterioratio n . Linda Krepsbach, 9080 E. Staring Lane, said she was in f a v o r o f t h e project. Steve Herbst, 9040 E. Staring Lane, said he was basically o p p o s e d t o the project, but would like to see a petition stating who w a s i n favor of the project and who was against it. He suggeste d p u t t i n g blacktop on the road instead of the entire street improv e m e n t s . H e said would be willing to favor the majority decision. Ray Campbell, 9081 E. Staring Lane, asked about the ti m e p e r i o d f o r paying the assessments. Dietz explained the assessmen t f o r s t r e e t improvements would be paid over 20 years. If he prope r t y o w n e r did not connect to City utilities, the utility assessments w o u l d b e levied in 1997 for a period of 15 years. He also pointed o u t t h a t principal and interest payments would go down over the y e a r s because simple interest on the unpaid balance was charg e d . Dean Olson, 14980 Ridge Road, spoke in opposition to the p r o j e c t because he had a working well and septic system and bel i e v e d C i t y utilities were unnecessary. Also, he did not see a need f o r a n improved road. City Council Minutes 6 March 19, 1991 Carl Hartell, 9140 W. Staring Lane, pointed out that this was basically a tax increase and could become $40,000 with interest by the time it was paid. He also said that the balance must be paid at the time of the sale of the property, which could be detrimental to a sale. Roy Jaszczak, 15081 Ridge Road, said he was opposed to the project. Kristi Olson, 14980 Ridge Road, said she was opposed to the project because her plans were to sell the property in two years and this assessment would mean loss of money to her. Letters were also received from the following citizens: Douglas L. and Judith I. Olsen, 9030 W. Staring Lane in opposition to the project; Roger and Jeanene Bloom, 9190 W. Staring Lane in opposition to the project; Steve Pederson, 9150 E. Staring Lane in favor of the project; and Jerome Johnson, 15131 Ridge Road in favor of the project. There were no further comments from the audience. Harris said she believed the question on the project was when it would be done. She said it would ultimately be done. Pidcock said she was concerned with the health and safety issues in the neighborhood without the improvements. Anderson said he believed the project was necessary because of the health and safety issues with septic tanks. Jessen said he believed the improvements were reasonable at this time. MOTION Fidcock moved, seconded by Harris, to close the public hearing and adopt Resolution No. 91-62. Harris said she was persuaded to vote for the project at this time by the health and safety issue. Tenpas said he believed the project was inevitable but would favor waiting on the project. For this reason he would vote no on the project. Motion approved 4-1 with Tenpas voting Nay. B. Cub Foods. Request of Super Valu Stores, Inc. for Zoning District Change from R1-22 and PUB to C-Reg-Ser on 9.81 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 9.81 acres; Adoption of Resolution 91-39, Preliminary Plat of 11.57 acres into 1 lot, outlot and road right-of-way for construction of a 73,000 square-foot building to be known as Cub Foods. Location: Northwest corner of 78th Street and Prairie Center Drive, south of City Council Minutes 7 March 19, 1991 Leona Road. (Resolution 91-39, Preliminary Plat; Ordinance 6-91, Zoning District Change.) Continued from February 19, 1991. Jullie said official notice for the public hearing was published in the February 7, 1991 issue of Eden Prairie News and mailed to 26 property owners in the project area. Pat Groeper, representing Super Valu Stores, Inc., presented the details of the project with the use of maps and drawings. She explained that the store would face the west. The plan was for 444 parking places and the building, including the loading dock, would be 73,000 square feet. She said the proponent was seeking a variance from the City Code to allow a building that covered a Base Area Ratio of 2.37% as compared to the City Code of 2%. The proponent was also seeking a variance on signage and was requesting 493 square feet of signage compared to 325 feet of signage allowed by City Code. Another variance requested was for a front-yard setback in order to accommodate the enclosed docks in the back of the building. A variance was also requested to permit an impervious surface area on the site plan because of the shoreline management policy. A variance from the standard 30% would be needed. Enger said staff had been working with the proposal for over a year and gave a brief history of the project. There had been controversy over the extension of Leona Road. Currently Cub was suggesting that it would pay for the extension of the road and for any assessment costs related to the site. He said the Planning Commission had recommended approval at its January 28, 1991 meeting on a 5-0 vote subject to staff recommendations of the January 25, 1991 staff report. He said the variances requested, except for the sign variance, had been precipitated by the response to the enclosure of the loading dock. Lambert sand the Parks, Recreation, and Natural Resources Commission reviewed the proposal at its February 5, 1991 meeting and recommended approval on a 4-0 vote. Harris asked Enger if the potential conflict with Highway 494 improvements had been resolved. Enger said that the project would not be in conflict with the highway plans. Pidcock asked if there would be problems with the trucks turning around in the area. Deitz replied that the turning radius was adequate. Gary Gandrud, of Faegre and Benson Law Firm, representing Minnesota Protective Life, said that his client was concerned about traffic patterns in the area, and about the extra traffic which would be generated by the new Cub Foods store. He encouraged Council to City Council Minutes 8 March 19, 1991 delay the project until a traffic study had been done and the traffic problems addressed. James O'Neill, 4401 Eastwood Road, Minnetonka, property manager and leasing agent for Minnesota Protective Life, said because of the dangerous traffic patterns in the area Minnesota Protective Life had three problems with its building: (1) Tenant retention; (2) Attracting prospective tenants; (3) Employee turnover. He said the problems were caused by the traffic problems with a dangerous intersection. He encouraged the City to work with the State to resolve the problem. Mike Cochran, representing Minnesota Protective Life, said his concern was retention of company employees. He said ease of access was very important to employees and he was concerned that the extra traffic generated by the project would make the situation worse. He encouraged proper traffic studies be done for this area. Tenpas requested an update on the situation from Dietz. Dietz said the City expected to meet with MnDOT on the situation in early April. He said that it was a technical problem with the spacing between Leona Road and 78th Street because MnDOT required larger spacing for a traffic signal than that which existed. MnDOT favored a signal at 78th Street rather than at Leona Road because of the spacing. He said he believed the project plans would help improve access for Minnesota Protective Life and the total area. Enger said the traffic study referred to in the staff report was a study commissioned by the City on May 3, 1990, when the Cub proposal was first made to the City. The traffic study was done on a higher square footage at that time, and a new study had not been commissioned because the traffic count went down by 1,000 trips a day with the present project. The study showed that only 10% of the trips would go out Leona Road to Highway 169. He said that he believed that if there were another way out, people would take it, and that was what the proposed road system was planned to do. Jullie said he had a meeting set up with MnDOT for April 8, 1991 in an attempt to resolve the situation. In the meantime, the City would do further study of the traffic situation. Tenpas assured the representatives of Minnesota Protective Life that the City would aggressively pursue correction of the situation with MnDOT and the City would keep Minnesota Protective Life informed of the progress. Sidney Pauly, 17450 W. 78th Street, said other projects had been turned down at this site in the past because of traffic problems. She said because it was a unique site with views of several lakes, she would prefer an office or apartment building on the site. She pointed out the traffic generated by an office building or an City Council Minutes 9 March 19, 1991 apartment building would not be as great as that generated by a grocery store. Bill Barth, representing Prairie Presbyterian Church, said the Church was concerned about traffic and encouraged Council to find a solution. He requested that the Church be informed of the progress of the plans. Peter Beck, 7900 Xerxes Avenue South, representing ITT Hartford, owner of the Prairie Lakes Business Park, said the company was concerned that provision had not been made for drainage of the site. Hartford had been contacted by City staff about the possibility of drainage on Lot 1, Block 1, of the business park. He said the issue was whether or not drainage on to the Hartford site would adversely affect the development potential of the balance of the business park. He said Hartford would like to see a feasibility study so its engineers could investigate the situation. There were no further comments from the audience. Anderson said he was concerned about the drainage situation and how it would affect Anderson Lake. He said he was impressed with the plans the proponent had presented but questioned whether it was the best use of the site. Pidcock said she would like more information on the traffic and suggested continuing the issue until that information could be obtained. Jessen said he believed the best use of the site would be an office building. However, because it was unlikely that an office building would be proposed for the site after the office building boom of the 1980's, he would approve the Cub store because of the excellent plan Super Valu had presented. Harris said she was more concerned about the traffic generated by the project. However, she agreed with Jessen that it was unlikely that an office building would be built on the site. She said she would vote in favor of the project. Tenpas said he liked the plan presented by the proponent and wished to encourage economic development in the community. He also said he believed the people of the community would benefit from another grocery store in the City. He expressed concern about the traffic problems and said he would like a disposition on the traffic signal issue before second reading. Tenpas suggested someone from the Council and the Police Department meet with the State about getting a light at Leona Road. City Council Minutes 10 March 19, 1991 MOTI_QN Pidcock moved to close the public hearing and approve first reading of Ordinance No. 6-91 for Rezoning. Seconded by Harris. Motion approved 4-1 with Anderson voting nay. MOTION Pidcock moved to adopt Resolution No. 91-39 for Preliminary Plat Approval, to direct staff to prepare a Development Agreement incorporating Commission and staff recommendations, and that Council receive a plan for the traffic situation before second reading. Seconded by Harris. Motion approved 4-1 with Anderson voting nay. C. Timber Lake Drive Townhomes. Request of the Pemtom Company for Zoning District Amendment within the RM-2.5 Zoning District on 2.11 acres with variances to be reviewed by the Board of Appeals; Site Plan Review on 2.11 acres for construction of 16 townhouse units in 4 buildings to be known as Timber Lake Drive Townhomes. Location: Northeast corner of Timber Lake Drive and Island Road. (Ordinance 8-91, Zoning District Amendment). Jtiilie said notice for this public hearing was properly published and mailed regarding this project. Dan Herbst, representing the Pemtom Company, reviewed the project plans. He said the project had received favorable response from the neighborhood, City staff, and Board of Appeals. There were four undeveloped sites in the project area and the proposal was for sixteen homes, four on each site, to be built. Enger said the Planning Commission reviewed the request at its January 28, 1991 meeting and recommended approval on a 4-0-1 vote, with one abstention, subject to staff recommendations of January 25, 1991. Jane Egge, 7912 Timber Lake Drive, said she was concerned that one of the proposed buildings would block the view to the lake from her home. She said she had originally paid a premium on her unit for a view of the lake and she was concerned that her property value could be lowered by the loss of this view. She was also concerned that the new buildings would be designed differently with different outside materials so the new design would not be compatible with the older units. She said she believed that the sixteen new units would create more traffic congestion in the area. Mark Weber, 7966 Timber Lake Drive, said he had attended the Planning Commission meeting when the project was reviewed. There had been discussion about changing the location of the building so City Council Minutes 11 March 19, 1991 as not to block the lake view, and that the design of the new buildings be compatible with the existing buildings. He pointed out that these issues had not been mentioned in Pemtom's presentation to Council. Herbst said plans had always shown a building to be placed in this location. The plans had been changed to accommodate the view of the lake for existing units, but there would still be some obstruction with the addition of the new building. He said some design changes had been made to accommodate the concerns of the Board of Directors of the Association. He said the Board of Directors had instructed Pemtom to use maintenance-free siding. There were no further comments from the audience. MOTION Harris moved to close the public hearing, approve Ordinance No. 8-91 for Rezoning, and direct the staff to prepare development agreement incorporating Commission and staff recommendations. Seconded by Pidcock. Motion approved 5-0. D. Fairview Medical Health Clinic d Eden Prairie. Request by Fairview Hospital and Healthcare Services for Comprehensive Guide Plan Amendment from Industrial to Office on 7.3 Acres; Adoption of Resolution 91-58, Planned Unit Development Concept Amendment on 17.4 acres; Zoning District Change from Rural and 1-2 to Office on 2.9 acres; Site Plan Review on 2.9 acres for construction of a 15,200 square-foot medical health care clinic to be known as Fairview medical Health Clinic of Eden Prairie. Location: East of Prairie Center Drive and south of Technology Drive. (Resolution 91-58, Resolution 91-66, PUD Concept Amendment; Ordinance 9-91, Zoning District Change). Jitllie said that notice for this public hearing had been properly published and mailed to property owners in the project area. Ray Piiarainen, Assistant Property Director for Fairview Hospital and Healthcare Services, said the request was for approval of a 15,200 square-foot single-story medical office building on Lot One, Block Two of the DataServ Business Center. He said Fairview was attempting to accommodate a number of issues including access to Prairie Center Drive. He said Fairview had looked at ways to accommodate temporary access until the intersection was completed in 1993. He said August 15, 1991 was the target opening date for the building and the primary care clinic. Enger said the Planning Commission at its February 25, 1991, had recommended approval of the project on 5-0-1 abstention vote subject to recommendations of the January 25, 1991 staff report. City Council Minutes 12 March 19, 1991 MOTION At 11:00 PM Pidcock moved, seconded by Anderson, to extend the meeting 30 minutes. Motion approved 5-0. Jim Hawkins, representing DataServ, Inc., said DataServ objected t o the cross-access easements. He said that DataServ had not been informed of this situation by the City. He said he believed the rerouting of traffic through the DataServ property would jeopardi z e the safety of DataServ employees. He believed Fairview should develop its own entry way and requested that the Council continue the item for two weeks to allow DataServ more time to discuss the issue with Opus, the owner of the property. Enger said the City did not believe two separate accesses would be a good plan. He also pointed out that DataServ had only a right-in, right-out access, and Fairview had offered to pay for the temporary median cut until the State provided the permanent cut. He said he believed Fairview would enhance the Opus/DataServ site in this way and that the Planning Department had always dealt with Opus. Jessen noted that DataServ's concerns were tenant/landlord issues i t had with Opus, and were not within the purview of the City regarding the Fairview proposal. Bob Worthington, representing Opus Corporation, said he believed i t was essential to receive a decision from Council as soon as possibl e as the proponent wished to begin construction April 1. He it was not the intention of Opus to pass any costs for improvements on to DataServ in order to accommodate Fairview. There were no further comments from the audience. MOTION Harris moved to close the public hearing and adopt Resolution No. 91-66, PUD Concept Amendment. Seconded by Pidcock. Motion approved 5-0 MOTION Harris moved adoption of Resolution 91-66 amending the Comprehensive Guide Plan. Seconded by Pidcock. Motion approved 5-0. MOTION Harris moved to approve the first reading of Ordinance 9-91 for Rezoning. Seconded by Pidcock. Motion approved 5-0. City Council Minutes 13 March 19, 1991 MOTION Harris moved to request staff to prepare a development agreement incorporating Commission and staff recommendations. Seconded by Pidcock. Motion approved 5-0. MOTION Harris moved to grant an early grading permit to the proponent with the understanding that early grading is done at proponent's risk. Seconded by Pidcock. Motion approved 5-0. V. PAYMENT QE CLAIMS MOTION Pidcock moved, seconded by Jessen, to approve payment of claims. Payment of claims approved with Anderson, Harris, Pidcock, Jessen and Tenpas all voting "AYE". VI. ORDINANCES AND RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY BOARDS COMMISSIONS, & COMMITTEES A. Public Discussion of Recommendation of City Hail Site Selection Subcommittee. (Continued to April 2, 1991) IX. APPOINTMENTS A. Appointment to Human Rights & Services Commission (1-year term). (Continued to April 2, 1991) Harris said she believed there would be a second opening on this Commission due to one of the members moving out of state. She suggested that people who had listed this Commission as either a first or second choice be contacted about the appointments. X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Couneilatembers 1. Legislation Regarding Suburban Hennepin Regional Park DistricA (Resolution No. 91-72). Jessen said work had been done to introduce legislation to eliminate the two appointed positions to the Suburban Hennepin Regional Park Board of Commissioners. Jessen said he believed City Council Minutes 14 March 19, 1991 Council should adopt this resolution to express its support of this proposed legislation. MOTION Pidcock moved adoption of Resolution No. 91-72 in support of eliminating the two appointed positions to the Suburban Hennepin Regional Park Board of Commissioners. Seconded by Anderson. Motion approved 5-0. 2. Letter from John Lee Regarding Hotel Accommodations Pidcock asked if there was a reason why this person who was nineteen years of age was not able to get hotel accommodations in Eden Prairie. Jullie said this was hotel policy and was not an issue for the City. Pidcock asked staff to follow up with Mr. Lee regarding his letter. B. Report of City Manager 1. Discussion of Special City Council Meeting Dates Jullie said Tuesday, March 26, 1991 had been scheduled for review of the Capital Improvements Program. However, Anderson and Lambert would not be able to be present for the meeting. Therefore, Aline suggested this topic be continued to Tuesday, April 9, 1991 at 6:00 PM. Jullie said the City Hall discussion could occur at the same time. Jullie also suggested a special meeting on Tuesday, April 2, 1991 at 7:00 PM to review candidates for Human Rights and Services Commission. Council agreed to these dates. C. Director of Larks., Recreation & Natural Resources 1. Policy on Past Due Rental of Facilities. Lambert requested Council to approve the policy as presented on past due rental of facilities. MOTION Jessen moved, seconded by Anderson, to approve the Policy on Past Due Rental of Facilities as proposed. Seconded by Anderson. Motion approved 5-0. City Council Minutes 15 March 19, 1991 D. Report of Pulgic Works Director 1. Approve Layout Plan for CSAH .§2 from CSAH 60 to Oa41 I.C. 52-173, Resolution No. 91-63. Dietz explained the plan with the use of a map. He said City staff was in agreement with the layout plan as proposed. MOTION Pidcock moved, seconded by Harris, to approve Layout Plan for CSAFi 62 from CSAH 60 to CSAH4, I.C. 52-173, Resolution No. 91-63. Motion approved 5-0. XI. OTHER BUSINESS XII. ADJOURNMENT MOTION Harris moved, seconded by Pidcock, to adjourn at 11:40 PM. Motion approved 5-0. 6 6 1 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST April 2, 1991 CONTRACTOR (MULTI-FAMILY & COMM.) Association for Retarded Citizens Beeler Construction, Inc. EON Construction, Inc. Lindstrom Cleaning & Construction M L Construction Mary's Construction, Inc. Merrimac Construction Company T. J. Olson Construction Poly-Tex, Inc. Unipro Construction Company CONTRACTOR (1 & 2 FAMILY) PLUMBING AAA Plumbing by Newstrom, Inc. Accent Service Plumbing Gilbert Mechanical Hillman Plumbing & Heating Marsh Plumbing & Heating McQuillan Bros. Metropolitan Mechanical Contractors P J Plumbing & Heating Richfield Plumbing Company Steinkraus Plumbing, Inc. Swanson & Schiager Plumbing Valley Plumbing Company GAS FITTER Blizzard Air, Inc. C. O. Carlson Air Conditioning Hillman Plumbing & Heating, Inc. J. K. Heating Company Kleve Heating & Air Conditioning Lamb Mechanical Metropolitan Mechancial Contractors Neil Heating & Air Conditioning, Inc. Palen/Kimball Company Richfield Plumbing Company Ron's Mechanical, Inc. Snell Mechanical, Inc. Steinkraus Plumbing, Inc. Valley Plumbing Company HEATING & VENTILATING C. O. CarlsOn Air Conditioning Fisher-Bjork Sheetmteal Company, Inc. Hillman Plumbing & Heating, Inc. J. K. Heating Company Judkins Heating & Air Conditioning Kleve Heating & Air Conditioning, Inc. Metropolitan Mechanical Contractors Neil Heating & Air Conditioning, Inc. Northwest Sheet Metal Company P J Plumbing & Heating Palen/Kimball Company Ron's Mechanical, Inc. Snell Mechanical, Inc. Thompson Air, Inc. Bruce Bren Homes, Inc. Daystar Builders Thomas Daughenbaugh Const. Eden Construction Edgework Builders, Inc. Terry Elfering Construction Freudenberg Construction Goodwin Builders, Inc. Grant Home Remodelers Heritage Builders Jab-Ushot Jyland Homes, Inc. Kraemer & Sons Linert Construction David McKenna Construction Panelcraft of Minnesota Reus-Bottema Construction Ken Roelofs Construction Steiner & Koppelman, Inc. T & 0 Homes, Inc. I & J Improvements Kevin Thompson Homes, Inc. WATER SOFTENER Minnesota Water Treatment ON SALE WINE & STRONG BEER The Gui-Lin Restaurant ( CLERK'S LICENSE APPLICATION LIST page two COMMERCIAL KENNEL Kingdale Kennels TYPE B FOOD Blue Bell Ice Cream FOOD VEHICLE Blue Bell Ice Cream These licenses have been approved by the department heads responsible for the licensed activity. Pat Solie Licensing RELEASE OF LAND This Release of Land is executed by the City of Eden Prairie, a Minnesota municipal corporation ("City"), and is dated as of April 2, 1991. FACTS 1. A certain Agreement Regarding Special Assessments ("Agreement") dated December 5. 1984, was executed by and between the City, M.J.P. Partners. A Minnesota Partnership and Hestia Homes. Inc.. A Minnesota Corporation which Agreement was filed as Document No. 1619766 with the Hennepin County Recorder on December 31. 1984. The Agreement related to the property described therein as: Block 1, Lots 1 and 7; Block 2, Lots 1, 2, 3, and 4; Block 3, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12; and Outlots B, C, D, Prairie Knoll, Hennepin County, Minnesota. 2. The special assessments contemplated by the Agreement have been levied and the time for appeal has expired. 3. To evidence the fact that the special assessments have been levied and the time for appeal has expired, the City is executing this Release of Land. THEREFORE, the City of Eden Prairie, a Minnesota municipal corporation, hereby releases the Property described above from all obligations and conditions set forth in the Agreement Regarding Special Assessments dated December 5. 1984 filed with the Hennepin County Recorder as Document No. 1619766 on December 31. 1984. This Release of Land shall not release or discharge the Property from the lien of any special assessments levied by the City pursuant to the Agreement. - Page 2 - IN WITNESS WHEREOF, the City of Eden Prairie has executed the foregoing instrument. CITY OF EDEN PRAIRIE, A Municipal Corporation BY: Douglas B. Tenpas Its Mayor BY: Carl J. Jullie Its City Manager - Page 3 - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of 1991, by Douglas B. Tenpas and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a municipal corporation under the laws of the State of Minnesota, on behalf of said corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 #7-- RELEASE.0 RFR/01-14-88 (Miller Parcel) AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEMENT, made and entered into this 2nd day of April, 1991, by and between the City of Eden Prairie (The City) and the Metropolitan Council of the State of Minnesota (The Council). WITNESSETH: WHEREAS, The City has acquired fee title to Lot 5 Block 2, Eden School Addition, Hennepin County, Minnesota; and WHEREAS, The Council has contributed funds toward the acquisition of said real property pursuant to its Loan Program and Loan Agreement No. L-89-3 with The City as authorized by Minnesota Statutes 473.167; and WHEREAS, Said Loan Program was established to provide for the acquisition of homestead property within a proposed trunk highway right-of-way or project from owners who suffer a hardship because of their inability to sell such property because of its location. NOW, THEREFORE, in consideration of the grant heretofore made by The Council and in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows: No sale, lease mortgage or other conveyance, nor the creation of any easement, restriction or other encumbrance against the above-described real property shall be valid for any purpose unless the written approval of the Metropolitan Council or its successors is duly filed and recorded at the time of the filing and recording of the instrument to which such approval pertains, nor shall said real property be used for any purpose except Trunk Highway 212 unless the Metropolitan Council or its successors shall consent to such other use or uses by instrument in writing duly filed and recorded and designating the nature, extent and duration of the use for which such consent is given. Month to month rental of the property until needed for trunk highway purposes shall be allowed without a filed/recorded approval. This Agreement and Restrictive Covenant may be enforced by the Metropolitan Council or its successors or by any citizen residing within the metropolitan area as then defined by appropriate action in the courts of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their respective names all as of the date first above written. 1VIETROPOL1TAN COUNCIL CITY OF EDEN PRAIRIE By By Sharon Klumpp, Executive Director Douglas B. Tenpas, Mayor Approved as to form By Assistant Counsel Carl J. Jullie, City Manager (Otterlei Parcel) AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEMENT, made and entered into this 2nd day of April, 1991, by and between the City of Eden Prairie (The City) and the Metropolitan Council of the State of Minnesota (The Council). WITNESSETH: WHEREAS, The City has acquired fee title to Lot 3 Block 2, Eden Prairie Industrial Center, Hennepin County, Minnesota; and WHEREAS, The Council has contributed funds toward the acquisition of said real property pursuant to its Loan Program and Loan Agreement No. L-89-6 with The City as authorized by Minnesota Statutes 473.167; and WHEREAS, Said Loan Program was established pursuant to said law to provide for the acquisition of property within the right-of-way of a state trunk highway shown on an official map when necessary to avoid imminent conversion of such property to a use which would jeopardize the property's availability for highway construction . NOW, THEREFORE, in consideration of the grant heretofore made by The Council and in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows: No sale, lease mortgage or other conveyance, nor the creation of any easement, restriction or other encumbrance against the above-described real property shall be valid for any purpose unless the written approval of the Metropolitan Council or its successors is duly filed and recorded at the time of the filing and recording of the instrument to which such approval pertains, nor shall said real property be used for any purpose except Trunk Highway 212 unless the Metropolitan Council or its successors shall consent to such other use or uses by instrument in writing duly filed and recorded and designating the nature, extent and duration of the use for which such consent is given. This Agreement and Restrictive Covenant may be enforced by the Metropolitan Council or its successors or by any citizen residing within the metropolitan area as then defined by appropriate action in the courts of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their respective names all as of the date first above written. METROPOLITAN COUNCIL By Sharon Klumpp, Executive Director Approved as to form CITY OF EDEN PRAIRIE By Douglas B. Tenpas, Mayor By Assistant Counsel , Carl J. Jullie, City Manager (Metro Machine Parcel) AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEMENT, made and entered into this 2nd day of April, 1991, by and between the City of Eden Prairie (The City) and the Metropolitan Council of the State of Minnesota (The Council). WITNESSETH: WHEREAS, The City has acquired fee title to Lot 2 Block 2, Eden Prairie Industrial Center, Hennepin County, Minnesota; and WHEREAS, The Council has contributed funds toward the acquisition of said real property pursuant to its Loan Program and Loan Agreement No. L-89-7 with The City as authorized by Minnesota Statutes 473.167; and WHEREAS, Said Loan Program was established pursuant to said law to provide for the acquisition of property within the right-of-way of a state trunk highway shown on an official map when necessary to avoid imminent conversion of such property to a use which would jeopardize the property's availability for highway construction . NOW, THEREFORE, in consideration of the grant heretofore made by The Council and in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows: No sale, lease mortgage or other conveyance, nor the creation of any easement, restriction or other encumbrance against the above-described real property shall be valid for any purpose unless the written approval of the Metropolitan Council or its successors is duly filed and recorded at the time of the filing and recording of the instrument to which such approval pertains, nor shall said real property be used for any purpose except Trunk Highway 212 unless the Metropolitan Council or its successors shall consent to such other use or uses by instrument in writing duly filed and recorded and designating the nature, extent and duration of the use for which such consent is given. This Agreement and Restrictive Covenant may be enforced by the Metropolitan Council or its successors or by any citizen residing within the metropolitan area as then defined by appropriate action in the courts of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their respective names all as of the date first above written. METROPOLITAN COUNCIL CITY OF EDEN PRAIRIE By By Sharon Klumpp, Executive Director Douglas B. Tenpas, Mayor Approved as to form By Assistant Counsel Carl J. Jullie, City Manager (Gilk Parcel) AGREEMENT AND RESTRICTIVE COVENANT THIS AGREEMENT, made and entered into this 2nd day of April, 1991, by and between the City of Eden Prairie (The City) and the Metropolitan Council of the State of Minnesota (The Council). WITNESSE'TII: WHEREAS, The City has acquired fee title to Outlot B, Red Rock Shores Addition, Hennepin County, Minnesota; and WHEREAS, The Council has contributed funds toward the acquisition of said real property pursuant to its Loan Program and Loan Agreement No. L-89-7 with The City as authorized by Minnesota Statutes 473.167; and WHEREAS, Said Loan Program was established pursuant to said law to provide for the acquisition of property within the right-of-way of a state trunk highway shown on an official map when necessary to avoid imminent conversion of such property to a use which would jeopardize the property's availability for highway construction . NOW, THEREFORE, in consideration of the grant heretofore made by The Council and in consideration of the mutual agreements and covenants herein contained, the parties hereto agree as follows: No sale, lease mortgage or other conveyance, nor the creation of any easement, restriction or other encumbrance against the above-described real property shall be valid for any purpose unless the written approval of the Metropolitan Council or its successors is duly filed and recorded at the time of the filing and recording of the instrument to which such approval pertains, nor shall said real property be used for any purpose except Trunk Highway 212 unless the Metropolitan Council or its successors shall consent to such other use or uses by instrument in writing duly filed and recorded and designating the nature, extent and duration of the use for which such consent is given. This Agreement and Restrictive Covenant may be enforced by the Metropolitan Council or its successors or by any citizen residing within the metropolitan area as then defined by appropriate action in the courts of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their respective names all as of the date first above written. METROPOLITAN COUNCIL CITY OF EDEN PRAIRIE By By Douglas B. Tenpas, Mayor Sharon Klumpp, Executive Director Approved as to form By Assistant Counsel Carl J. Jullie, City Manager , Timber Bluffs CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 50-88-PUD-14-88 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 CHAFFER 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 R1-22 District (hereinafter ''PUD-14-88-R1-22). Section 3. The land shall be subject to the terms and conditions of that certain Developer's o reement dated as of April 2,1991, entered into between Bell Oaks Company, a Minnesota limited partnership and the City of Eden Prairie (hereinafter "Developer's Agreement"), The Developer's Agreement contains the terms and conditions of PUD-14-88-R1-22 are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD-14-88-R1-22 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-14-88-R1-22 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-14-88-R1-22 are justified by the design of the development described therein. D. PUD-14-88-R1-22 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the PUD-14-88-R1-22 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 mded accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire _ay Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of November, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 2nd day of April, 1991. ATTEST: John D. Franc, City Clerk Douglas B. Temps, Mayor PUBLISHED in the Eden Prairie News on the day of , 1991. P[7.11.i1tig:TO R1-22 1,1 part uf u6tlut A. Sell Oaks first ecottion, according to the Piet on ill. in Ike SifiCe of the County Recorder, Hennepin County, Minnesute, and that part Of Govero,,rot Lot 1, Section 36, Township 116 North. Range 27, Lost of the 9th pr:pp,pal Kerlden described as follows: Commencing at the northwest corner of said Outlot A: thence South 64 degrees 27 minutes 26 seconds East. .assumed bearing, along the northeasterly line of said Outlot A a distance of 205.00 feet to the point of beg 'flflih91 thence South OS degrees 36 minutes 39 seconds East 256.27 feet: thence South 67 degrees 26 minutes 24 seconds East 410.39 feet; thence South 71 degrees 30 minutes 36 seconds East 311.57 feet; thence North 16 degrees 22 minutes 32 seconds East 231.15 feet to a point on the North line of said Government Lot 1; thence Korth 88 degrees 52 minutes 42 seconds Nest 48.04 feet to the most easterly corner of said Outlet A: thence northwesterly along the northeasterly line of said Outlot A 727.61 feet to the point of beginning. REZOINC 10 91-44 That part of Outlot A, Bell Oaks First Addition, according to the plat on file In 'the Office of the County Recorder, Hennepin County, Minnesota, and that part of Government Lot 1, Section 36, Township 116 North, Range 22. West of the 5th Principal Meriden described IS follows: eeginning at the northwest corner of said Outlet A: thence South 64 degrees 27 minutes 76 seconds East, assumed bearing, along the northeasterly line of said Outlet A a distance of 205.00 feet: thence South OS degrees 36 minutes 39 seconds East 256.27 feet; thence South 67 degrees 26 minutes 24 Seconds East 410.39 feet; thence South 71 degrees 30 minutes 36 seconds Last 711.57 feet: thence North 16 degrees 22 minutes 72 seconds east 271.15 feet to • point of the North line of said Government Lot I: thence South 09 degrees 52 minutes 42 seconds East 310.00 feet to 4 point on a line 1.21U feet East of and parallel with the west line of said Governrent Lot 1; thence South 0 degree% 7 minutes 28 SeCOndS West, parallel with said Rest line, a distance of 770.14 feet; thence North 78 degrees 06 minutes 41 seconds West 592.73 feet; thence North 64 degrees 19 minutes 12 seconds west 330.00 feet; thence North 72 degrees 47 minutes 50 Seconds West 347.32 feet to the west line of said Government Lot 1; thence North 0 degrees C7 minutes 28 seconds East 426.00 feet to the northwest corner of said GoTernrwnt lot 1; thence North 0 degrees 04 minutes 19 seconds East, along the west line Of said Outiot A, a distance Of 360.30 feet to the point Of beginning. 124g,(1._ CONCEPT 6 P.U.D. OISTRICT REVIEW That part of Outlot A, Bell Oaks First Addition, according to the plat on file in the Office of the County Recorder, Hennepin County, Minnesota. and that part of Government Lot 1, Section 36. Township 116 North, Range 22, West of the 5th Principal Meridian described as follows: Beginning at the northwest corner of said Outlot A; thence South 64 degrees 22 minutes 26 seconds East, assumed bearing, along the northeasterly line of said Outlot As distance of 664.57 feet; thence South 70 degrees 02 minutes 39 seconds East 278.00 feet; thence South 88 degrees 52 minutes 42 seconds East 358.04 feet; to a point on • line 1.210 feet East of and parallel with the west line of said Government Lot 1; thence South 0 degrees 7 minutes 28 seconds West, parallel with said West line, a distance of 770.14 feet; thence North 78 degrees 06 minutes 43 seconds West 592.23 feet; thence North 64 degrees 19 minutes 12 seconds Weft 330.00 feet; thence Worth 72 degrees 47 minutes 50 Seeoads West 347.32 feet to the west line of said Government Let 1; thence Meth 0 degrees 07 minuteS 28 seconds East 426.00 feet to the northwest corner of said Government Lot I; thence North 0 degrees 04 minutes 19 seconds East, along the west line of said Outlot A, a distance of 360.30 feet to the point of beginning. Preliminary Plat Government That part ofalmt I. Section 36. Township 116 march. Range 22, West Gi lee 5th Principal Meriden described as follows: Commencing at the Northwest corner of said Lot I; thence South to the Minnesota River; thence .Easterly along said River to a point 815 feet East tif the West line of said Lot 1; thence North parallel to said West line of Lot 1 to a point 91 feet South of the North line Of said Lot 1; thence East 395 feet; thence North parallel to !he West line Of Said Lot 1 to the North line thereof; thence West to beginning; and Oulot A, Bell Oaks First Addition. according to the plat on file in the Office the County Recorder, Hennepin County, Ninnesota„ Timber Bluffs DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of • 1991, by Bell Oaks Company, a Minnesota limited partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter re- ferred to as "City": WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development District Review on approximately 19 acres, with waivers, and with underlying zoning district changes from Rural to PUD-14-R1-22 on approximately 4 acres and from Rural to PUD- 14-R1-44 on approximately 15 acres, and Preliminary Plat of approximately 19 acres into 14 single family lots, two outlots, and road right-of-way, all said 19 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 #50-88-PUD- 14-88, 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 , 1988, reviewed and approved by the City Council on November 15, 1988, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release by the City of the final plat for the property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for the private street, sanitary sewer, water, 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. 4. Concurrent with and as part of the final plat for the property, Developer agrees to provide to the City a scenic easement, along the southern, or rear, lot lines of the lots within Block 2, as depicted in Exhibit B, attached hereto. Said scenic easement shall be represented as a "utility easement" on the final plat and also shall be represented in written form as depicted in Exhibit D, attached hereto, and made a part hereof. Developer agrees to file said written scenic easement on the property with Hennepin County and provide proof of filing of said written scenic easement to the City prior to City release of any building permits on the property. 5. Concurrent with and as part of the final plat for the property, Developer agrees to dedicate to the City a 150 ft. wide outlot for trail purposes adjacent to the Minnesota River along the south boundary of the property, as depicted in Exhibit B, attached hereto. 6. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 7. Prior to issuance of any grading permit upon the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of, a tree replacement plan for 423 caliper inches of trees on the property. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, said tree replacement plan, in accordance with the Tree Preservation Policy of the City, attached hereto as Exhibit E, and made a part hereof. 8. Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to obtain City approval of said measures. Developer agrees that said protective measures shall include, but not be limited to: A. Grading shall be confined to that area of the property within the construction limits. B. Snow fencing shall be placed at the construction limits within the wooded areas of the property prior to any grading upon the property. C. City shall perform an on-site inspection of said protective measures on the property by the City. Developer shall contact City for said inspection. Developer agrees that defects in materials and workmanship in the implementation of said measures shall then be determined by the City. D. Defects in materials or workmanship, if any, shall be corrected by Developer. Developer agrees to call City for reinspection of the implementation measures, and to obtain approval by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 9. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and obtain the Director's approval of a tree inventory of those trees within 25 ft. outside of the construction area, which are not planned to be removed by construction on the property as approved by City, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. 10. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall: A. Submit to the Director of Planning, and obtain the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Said plan shall indicate that the trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than three inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a diameter inch basis, according to a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. B. Prepare and submit to the Director of Planning, and obtain the Director's approval of a written estimate of the costs of the reforestation work to be completed. C. Submit a bond, or letter of credit, guaranteeing completion of all reforestation work as approved by the Director of Planning. Developer agrees that the amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all reforestation work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 11. Prior to issuance of any permit for building on the property, Developer agrees to submit to the City Police Department, and to obtain the Department's approval of plans f o r the security gate and access to the private road on the prope r t y f r o m R i v e r v i e w R o a d . Developer agrees that the method of m a n u a l e n t r a n c e s h a l l b e constructed into the security gate mechan i s m i n o r d e r t o a l l o w f o r emergency access to the property. 12. As part of Planned Unit Development #14-8 8 , C i t y h e r e b y g r a n t s t h e following waivers for Lots 1-8, Block 2, i n c l u s i v e , a l l a s d e p i c t e d in Exhibit B, attached hereto: From the requirement of Chapter 12 to allo w f o r a p r i v a t e r o a d t o service said lots, instead of a public roa d . Timber Bluffs CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-86 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 50-88-PUD-14-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 50-88-PUD-14-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of April, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 50-88-PUD-14-88, 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 Minn. State. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 50-88-PUD-14-88 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 2nd day of April, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Timber Bluffs CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 50-88-PUD-14-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Suni=zi This Ordinance allows rezoning of land located in southeast Eden Prairie, south of Riverview Road, west of County Road #18 and east of Huntington Drive, from the Rural District to the PUD-14-88-RI-44 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: John D. Franc, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-85 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-189 (Braxton Street and Utility Improvements) and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. 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 assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on April 2, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk 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) Sanitary Sewer Watermain Storm Sewer X Street Paving Other Street Address of Other Legal Description of Property to be Served Braxton Drive from County Road 1 north to Fairfield Names of Petitioners (Must Be Property Owners) Cedar Ridge Elementary School Independent School District No. 272, Eden Prairie (For City Use) Date Received Project No. Council Consideration / / Harry A. Rogemra, Fee 0w4ner 9100 Eden Prairie Road Eden Prairie 55344 fe44W. Johnson///.P./Project Mgr for JAB-USHOT Purchaser under Contract for Deed 300 S. Hwy 169, #870 St. Louis Park, MN 55426 February 25, 1991 Honorable Mayor Doug Tenpas Members of Eden Prairie City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Attn: Mr. Alan Gray, City Engineer Ladies and Gentlemen: The undersigned, as fee owner and contract for deed holder for the land preliminary platted as Cedar Ridge Second Addition (see attached legal description), do hereby petition the City of Eden Prairie to proceed with the residential collector street, curb, storm sewer, watermain and sanitary sewer improvements abutting the western edge of Cedar Ridge Second Addition. We understand and agree that the cost of the improvements will be specially assessed against the abutting properties on a front foot basis in accordance with the City's special assessment policies. We further agree that all right of access necessary to construct the improvements will be granted by the undersigned. Please give this petition your prompt and favorable consideration so that the improvement can be constructed this summer. Respecfully submitted, Legal Desoribtion That part of the West half of the North w e s t Q u a r t e r o f t h e southeast Quarter lying North of the North line of County Road No. 1, excepting therefrom that part described a s b e g i n n i n g a t t h e intersection of the centerline of County Roa d N o . 1 a n d t h e W e s t line of said Southeast Quarter; thence North e r l y , a l o n g s a i d W e s t line, a distance of 165.00 feet; thence East e r l y , a t r i g h t a n g l e s to said West line, a distance of 165.00 feet; t h e n c e S o u t h e r l y , a t right angles, to the centerline of said Count y R o a d N o . 1 ; t h e n c e Southwesterly, along said centerline, to the p o i n t o f b e g i n n i n g . That part of the West half of the Southwest Quarter of the Northeast Quarter lying South of the North 11 5 2 . 2 7 f e e t . That part of the East 403.40 feet of the Sout h e a s t Q u a r t e r o f t h e Northwest Quarter lying South of the North 115 2 . 4 9 f e e t , E X C E P T t h e West 40.00 feet thereof. That part of the East 403.40 feet of the Nort h e a s t Q u a r t e r o f t h e Southwest Quarter lying North of the North line o f C o u n t y R o a d N o . 1, EXCEPT the West 40.00 feet thereof. All in Section 20, Township 116 North, Ran g e 2 2 W e s t , H e n n e p i n County, Minnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-78 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 5th day of March, 1991, fixed the 2nd day of April, 1991, as the date for a public hearing on the following proposed improvements: I.C. 52-205 (Sunrise Circle Street & Utility Improvements) 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 2nd day of April, 1991, 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 improvements, with the assistance of R.C.M., consulting engineers. ADOPTED by the Eden Prairie City Council on April 2, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, Clerk 3 Fairfield 1991 Amendment CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION # 91-64 A RESOLUTION APPROVING THE FAIRFIELD 1991 AMENDMENT PLANNED UNIT DEVELOPMENT CONCEPT' AMENDMENT TO THE OVERALL FAIRFIELD PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Fairfield 1991 Amendment development is considered a proper amendment to the overall Fairfield Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Centex Real Estate Corporation for PUD Concept Amendment approval to the overall Fairfield Planned Unit Development Concept for the Fairfield 1991 Amendment development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on April 2, 1991; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Fairfield 1991 Amendment development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Fairfield Planned Unit Development Concept as outlined in the application materials for the Fairfield 1991 Amendment. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated March 11, 1991. ADOPTED by the City Council of Eden Prairie this 2nd day of April, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #91-65 RESOLUTION APPROVING THE PRELIMINARY PLAT OF FAIRFIELD 1991 AMENDMENT FOR CENTEX REAL ESTATE CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Fairfield 1991 Amendment for Centex Real Estate Corporation, dated March 22, 1991, consisting of 23 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 2nd day of April, 1991. Douglas B. Tenpas, Mayor ATTEST: John D. Frane, City Clerk Planning Commission March 11, 1991 Page Two IV. DEVELOPMENT PROPOSALS A. FAIRFIELD 1991 AMENDMENT (91-7-PUD-Z-P) by Centex Real Estate Corporation. Request for Planned Unit Development Concept Amendment on 118.2 acres, Planned Unit Development District Review with waivers on 23 acres, Zoning District Amendment within the R1-9.5 Zoning District on 23 acres, Preliminary Plat of 23 acres into 61 single family lots and road right of way to be known as Fairfield 1991 Amendment. Location: north of Stanley Trail, north of Candlewood Parkway. Dan Blake, representing the proponent, presented the plans for a 61 single family lot subdivision on approximately 23 acres. Blake believed that the plan was very straight forward and asked for questions. Uram asked Blake if the proponent concurred with the recommendations in the Staff Report. Blake replied that the proponent concurred with all items with the exception of the tree replacement calculations which would be addressed by Staff. Uram reported that approximately 916 caliper inches of trees had already been planted throughout the original 1988 PUD, and the City currently had a bond for 214 caliper inches of trees. Uram added that based on this information, Items lA and 3A should be deleted from the recommendations. Sandstad asked for details on the buffering plan. Blake replied that a berm would be constructed for the length of Scenic Heights Road similar to the one on County Road 4. Blake added that extra depth had been provided on the lots adjacent to Scenic Heights road to accommodate the berm. Hawkins asked if the berm existed at this time. Blake replied no. Hawkins asked how erosion would be prevented. Blake replied that erosion should not be an issue because of the distance between the two roads and the grades. Hawkins then asked how water would be provided to the berm. Blake replied that the individual homeowners would be responsible for maintenance of the major portion of the berm. Planning Commission March 11, 1991 Page Three Hawkins asked Staff what the city's position was related to residential irrigation of berming. Uram replied that an irrigation ordinance had been vetoed by the City, and Blake was correct that the majority of the maintenance would be the responsibility of the individual homeowner. Hawkins asked Blake to address the natural area on the property. Blake replied there was a wetland area which was left in its natural state. Hawkins stated that it appeared that some of the lots would be in this lower area and questioned if high water calculations had been done. Blake replied that the calculations had been studied. Hallett asked if there would be a homeowners association which would be responsible for berm maintenance. Uram replied no, it would be individual homeowners. Hallett believed that this area could look terrible without an irrigation system. Blake replied that the landscaping would be done with sod, and that Centex would maintain the berm while the lots were being sold. Hallett asked why the plan had been changed from what was proposed two years ago. Blake replied that the present market proved that this type of home was selling well at this time. Blake added that currently the larger lots were not selling as fast as previously scheduled. Norman asked if there would be a homeowners association. Blake replied no. Sandstad stated that covenants and maintenance agreements were in place to assure the maintenance of the property. Blake added that this covered maintenance on the lots. Uram stated that covenants and maintenance agreements were enforced by the property owners. Hawkins asked if all utilities were currently installed. Blake replied yes. Norman asked if the City could recommend that a homeowners association be established for this subdivision. Uram replied that in this case, the City would not recommend an association. Planning Commission March 11, 1991 Page Four Hawkins asked if the sewer easement would cross any of the proposed lots. Blake replied that the easement ran north and south and followed the street. He added that only two lots would be affected. MOTION 1: Hallett moved, seconded by Bauer to close the public hearing. Motion carried 6-0-0. MOTION 2: Hallett moved, seconded by Kardell to recommend to the City Council approval of the request of Centex Real Estate Corporation for Planned Unit Development Concept Amendment to the overall Fairfield PUD on 118.2 acres for development of 61 single family units to be known as the Fairfield 1991 Amendment, based on plans dated March 6, 1991, subject to the recommendations of the Staff Report dated March 8, 1991, with the exclusion of items lA and 3A from the Staff Report. Motion carried 6-0- 0. MOTION 3: Hallett moved, seconded by Bauer to recommend to the City Council approval of the request of Centex Real Estate Corporation for Planned Unit Development District Review, with waivers, and Zoning District Amendment within the R1-9.5 Zoning District on 23 acres, for Fairfield 1991 Amendment, for development of 61 single family units, based on plans dated March 6, 1991, subject to the recommendations of the Staff Report dated March 8, 1991, with the exclusion of items lA and 3A from the Staff Report. Motion carried 6-0-0. MOTION 4: Hallett moved, seconded by Bauer to recommend to the City Council approval of the request of Centex Real Estate Corporation for Preliminary Plat of 23 acres into 61 single family lots, one outlot, and road right-of-way, to be known as Fairfield 1991 Planning Commission March 11, 1991 Page Four Amendment, based on plans dated March 6, 1991, subject to the recommendations of the Staff Report dated March 8, 1991, with the exclusion of items lA and 3A from the Staff Report. Motion carried 6-0- 0. OAP., -VMS ,/,' er—L 3-4 PROPOSED SITE n••n R1-13.5 . STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Planner TIIROUGII: Chris Enger, Director of Planning DATE: March 8, 1991 SUBJECT: Fairfield PUD Amendment LOCATION: North of Stanley Trail, North of Candlewood Parkway, West of County Road 4 APPLICANT/ FEE OWNER: REQUEST: Centex Real Estate Corporation I. Planned Unit Development Concept Amendment on 118.2 acres. 2. Planned Unit District Review with waivers on 25.5 acres. 3. Zoning District Amendment within the R1-9.5 Zoning District on 25.5 acres. 4. Preliminary Plat of 25.5 acres into 62 single family lots, one outlot and road right of way. PLANNED UNIT DEVELOPMENT KENDM ENT This 25.5 acre site is part of the 150 acre, 367 single family unit, Fairfield Planned Unit Development approved in 1988. This portion of the PUD was approved for 75 RI- 9.5 cluster lots at a density of 2.94 units per acre. Centex is requesting a PUD Amendment to change from the approved cluster lot concept to standard R1-9.5 zoning. This change would result in a reduction of units from 75 to 62 and a net density of 2.43 units per acre. - AREA LOCATION MAP RI-9.5 ZONING AMENDMENT This 25.5 acre site was zoned R1-9.5 in 1988. The revised preliminary plat which depicts 62 lots meets the requirements of the R1-9.5 Zoning District. TRANSITION Impacts on adjoining land uses were addressed in detail in the 1988 Planned Unit Development. Approval of the PUD was predicated upon providing two access points to the undeveloped property north and east of this site. It was also required that the land abutting this property should have a density which does not exceed 2.5 units per acre. The purpose of the access and density requirements were so the land area to the northeast could develop consistent with the Comprehensive Guide Plan designation of Low Density Residential with an internal road access. The preliminary plat is consistent with these recommendations. GRADING The change in the preliminary plat does not change the overall approved grading plan. Site grading is minimal. There will be some tree loss within this phase around the pending area. Overall tree loss was reviewed with the 1988 PUD at a loss of approximately 27%. The tree replacement plan was for 1130 inches to be spread out over all phases within the PUD. A total of 440 inches have been planted within the first phases of the PUD which means that 690 total inches remain to be planted. There is an overall concept plan for the 690 inches, however, the plan must be developed in more detail prior to the issuance of a grading permit. A bond will be required for that portion of the trees which will be replaced on 62 lots within this phase. SIDEWALKS AND TRAILS The 1988 PUD approval required a sidewalk and trail to be constructed along either side of Braxton Road. It was also required that an internal sidewalk connection be made along an internal loop road. Since the PUD Amendment proposes a change in the internal road network, there should be a 5' wide concrete sidewalk along the longest interior loop road which connects to the property to the northeast. SCENIC HEIGHTS ROAD, DELL ROAD. HIGHWAY 212 The preliminary plat has been developed which provides for enough right of way for Highway 212 and Scenic Heights Road to be built to the north of the property. Since some of the lots will abut directly onto Scenic Heights Road, a buffer zone should be provided. Berming and plantings consistent with what has been planted along County Road 1 should be proposed along Scenic Heights Road. This plan should be provided prior to review by the City Council. Scenic Heights Road and Dell Road are part of a feasibility study which has recently received approval by the City Council. Phase I of the feasibility study would be the initial construction of Dell Road south of Highway 5. This will begin in the summer of 1991. Phase II of this project would be the east/west road connection or Scenic Heights Road. This is not scheduled to begin construction until 1992. ARCHITECTUR L DIVERSITY This project must continue with the approved architectural diversity plan for t h e o v e r a l l P U D . The architectural diversity plan for the R1-9.5 area required that no two units b e a l i k e s i d e b y side, opposite or diagonally across from each other. MUM Sewer, water and storm sewer are immediately available adjacent to the site w i t h i n a n e x i s t i n g road system. STAFF RECOMMENDATIONS The Planning staff would recommend approval of the request for a Planned U n i t D e v e l o p m e n t Concept Amendment, Planned Unit Development District Review, Zoning D i s t r i c t A m e n d m e n t and Preliminary Plat based on plans dated March 8, 1991, subject to the r e c o m m e n d a t i o n s contained in the staff report dated March 6, 1991 and subject to the following r e c o m m e n d a t i o n s . 1. Prior to review by the City Council, proponent shall: A. Provide a detailed tree replacement plan for this phase. B. Provide a buffer plan along the south side of Scenic Heights Road. C. Modify the preliminary plat to depict a sidewalk and trail along Braxton Drive a n d a sidewalk along the longest interior loop road in the project. 2. Prior to final plat approval, proponent shall: A. Provide detailed storm water runoff and erosion control plans for review by t h e Watershed District. B. Provide detailed storm water runoff, utility and erosion control plans for revi e w by the City Engineer. 3. Prior to grading permit issuance, proponent shall: A. Provide a detailed tree replacement plan and security. B. Stake the proposed construction limits with a snow fence, provide erosion co n t r o l and notify the City and Watershed District at least 48 hours in advan c e o f grading. 4. Prior to building permit issuance, proponent shall: A. Submit an overall architectural diversity plan for this phase. B. Submit plans for review by the Fire Marshall. 5. Concurrent with site construction, proponent shall construct sidewalks and trails along the roadway systems within the project. '10) ( mots Department of Transport( 11 Metropolitan District Transportation Building St. Paul, Minnesota 55155 Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55422 March 13, 1991 Reply to Telephone No 593-8753 Mr. Chris Enger Director of Planning City of Eden Prairie 7600 Executive Dr. Eden Prairie, Minnesota 55344 In Reply Refer to: Tli 212 C.S. 2762 Fairfield PUD Amendment SW Quadrant New TH 212/CSAH 4 Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development with consideration of the following comments: Although construction of proposed New TN 212 is programmed to begin in 1993, continuing coordination by the developer with the city and Mn/DOT Predesign section is strongly recommended. The city and developer should be aware that Mn/DOT will not provide any type of noise abatement for new development adjacent to the existing highway. We suggest every effort be made in design of the proposed development to minimize any impact this might have on it. Drainage permits from the Riley - Purgatory. Bluff Creek Watershed District and the Corp of Engineers may be required. If you have any questions in regard to our review of the plat please call me at 593-8753. Sincerely, Tim Henkel Transportation Planner cc: Steve Keefe - Metro Council Les Weigelt - Hennepin Co. DOT Mike Reiter - Hennepin Co. Surveyor CekitaP / ...999- MINNESOTA 1990 An Equal Opportunity Employer CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 91-73 Vacation of Right-of-Way for Bristol Court and Part of Chesholm Lane and Drainage and Utility Easements in Block 1 and Part of Block 2, Bluffs West WHEREAS, the City of Eden Prairie has a certain right-of-way and drainage and utility easements described therein as follows: The following described areas located within Bluffs West as platted and recorded in the offices of the County Recorder and Registrar of Titles for Hennepin County, Minnesota: Right-of-way for Bristol Court (also known as Bluffs West Boulevard encompassed within Block 1) and Chesholm, Lane east of Homeward Hills Road (also known as Bluffs West Boulevard); and Drainage and utility easements in Block I and within Lots 1 through 14, Block 2 as platted within said Bluffs West. WHEREAS, a public hearing was held on April 2, 1991 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said right-of-way and 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: I. Said right-of-way and easements as above described are hereby vacated 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on April 2, 1991. Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Frane, City Clerk loRT Sims awl 01111111km Nur t 7., N \ • e't .1;t1 11,1 .1 3../ .1 /. 51 ry../..y.se.11: 3z 00, it of SOO it of WA Sh4tO Li J.1.11 .04 ,7, MOH. ,„ I .i •F .1 1/..N. 3ooll .f 1 33 1g 5.,../A 800 ft of polo, 5 d ' 514 of Sec 16 X 1E; 6 r OF WAY le Eas VAicAriro _ - E A457001 Ts -r;B ItAGAtilo VA& 91-04 (2) bonds,l ,.noth unrar ollwwwwe ecotoled en>i4 1 Alq /01k/ ow wworlfh wtOwd toltfoonww, fiooel fowl onlryf ) nkinvlen, orw /be www,nww/ ) r--...:.. 'Ac----- 7 --I --ti..-- --- 7;**.fir .:., , 2? 2_1,94__ 300 00, •n•n nn•• --..---'.\:::2 '2.1°- 1: . ' :: ...::12 ' I no, A t J--.7';' .... , I") 14; lint 0^ int 5:1 crirc X, gyp 116, 476. few pLA-7-7-71.)e, VAc '-ii-o4 F— \foie. A rgo AgeAs VILLAGE WNOLLS low' !or o,'Ar Ca..A (.97r 5( fn..6on 2C, Ti ..tr4 fs?.. w 200 yst SCALE 01 Far 001/N4CI 00 UTILITY' EASEMENTS PPE 5P7wni Two5' : keel 9.1(V a VAC: 88-01 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-74 VACATION OF RIGHT OF WAY FOR PART OF ONTARIO BOULEVARD (also known as Westgate Boulevard) WHEREAS, the City of Eden Prairie has certain drainage and utility easement described therein as follows: That part of Westgate Boulevard, also known as Ontario Boulevard, as platted within Westgate Addition on file and of record in the Office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Beginning at the southwest property corner of Lot 27, Block 7, Westgate Addition; thence Northerly on the east right-of-way line of said boulevard 183.77 feet; thence deflecting to the left 75 degrees 41 minutes 28 seconds to the west right-of-way line of said boulevard; thence southerly on said west right-of-way line to the South line of the West 1/2 of the Southwest 1/4 of Section 9; thence easterly on said South line to the point of beginning and there terminating. WHEREAS, a public hearing was held on April 2, 1991 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easement has no interest to the public, therefore, should be vacated. WHEREAS, public and private utilities have been installed and are presently operated and maintained within the right-of-way, an easement allowng governmental and utility company personnel and equipment to enter upon the vacated right-of-way to maintain or construct additional facilities needs to be retained. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said right-of-way as above described is hereby vacated, subject to a permanent drainage and utility easement being retained over the entire parcel. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851 ADOPTED by the Eden Prairie City Council on April 2, 1991 Douglas B. Tenpas, Mayor ATTEST: SEAL John D. Franc, City Clerk , :11.61:M= s:- T !,••• 44 *A! ..) —1..1Efi TE tathAra 1 IS.VAREIODIER RD. I JARtp ES ST, 61111.1111111 11111111111 BUr Nornimml..1 I limns . Valt 1-7-11..011 1 wESTGATE RiGar oF WAY 6E- VrACA-re'D Nxv r.; Aov wpm. 44, • mittli Tim LAPS WE: T N!:SS CER 11/ 1111,11•10,11/41 44$4#44.74r •Ab, kko - T.E. FULLER RD. LOW PT. 14.47.67 • P0 .47 - 52139.1-L.-- 0 5205 LOW PT. •1 1 jet.9,' 111 9\4L-4==Q 1 -ro 50 VcAflD • • 5279 111P, &T. 138:EWAY 0: • 1170 5201 2 1170 n 3 t/ 0 5277 192 rciTe —,; 5272—' 0424 cap. I FLt2r.iElFnTito. 12.74.1 ,L1ct; 5299 5293 5304 5303 5305 • I '1" C _ -5:2 76Ni_ MoRT VAG _6-01 VEN-NRE LANE' (NORTH FRONTAGE AD) 0019 0 50 20 86 113 APRIL 2.1991 13787 COMMISSIONER OF REVENUE 13788 FIRST BANK EDEN PRAIRIE 1 3789 CHANHASSEN KITCHEN & BATH 790 COMMISSIONER OF REVENUE 3791 CITY OF RICHFIELD 13792 UNIVERSITY OF MINNESOTA 13793 MINNESOTA POLLUTION CONTROL AGENC 13794 RUTTGERS BAY LAKE LODGE 13795 STATE FIRE SCHOOL-STC 13796 TEENERS THEATRICAL 13797 TEENERS THEATRICAL 13798 LIL RED EDEN PRAIRIE GROCERY 13799 FRED ZIEBOL 13800 MN RECREATION & PARK ASSN 13801 MAWP 13802 AT&T 13803 AT&T CONSUMER PRODUCTS DIV 13804 DANA GIBBS 13805 MINNESOTA VALLEY ELECTRIC CO-OP 13806 NORTHERN STATES POWER COMPANY 13807 NORTHERN STATES POWER COMPANY 13808 U S WEST CELLULAR INC 13809 U S WEST COMMUNICATIONS 13810 MN ASPHALT PAVEMENT ASSN 13811 STATE TREASURER STATE OF MN 13812 STATE TREASURER "1813 MINNESOTA POLLUTION CONTROL AGENC 814 NCSAWWA 13815 NCSAWWA 13816 SANDRA WALTERS 13817 EDEN PRAIRIE CHAMBER OF COMMERCE 13818 TARGET CENTER 13819 ATOM 13820 MN STATE AQUATIC CONFERENCE 13821 DUN & BRADSTREET CORP FOUNDATION 13822 SENSIBLE LAND USE COALITION 13823 LAKE COUNTRY CHAPTER 13824 A TO Z RENTAL CENTER 13825 BRAUN ENGINEERING TESTING INC 13826 INDEPENDENT SCHOOL DIST 0272 13827 PREFERRED VENDING 13828 SANCO INC 13829 SUPERIOR SPRINKLER SYSTEMS INC J830 TWIN CITY OXYGEN CO 15119617 PAYROLL 3/8/91 PAYROLL 3/8/91 FORMICA-COMMUNITY CENTER FEBRUARY 91 SALES TAX MOTOR VEHICLE REGISTRATIONS CONFERENCE-FORESTRY DEPT CONFERENCE-SEWER DEFT CONFERENCE-FIRE DEPT CONFERENCE-FIRE DEPT COSTUME RENTAL-SOCIAL PROGRAM DEPOSIT-COSTUME RENTAL-SOCIAL PROGRAM -POSTAGE-INVITATIONS FOR AWARDS BANQUET- CITY COUNCIL CONFERENCE-ENGINEERING DEFT -SOFTBALL TOURNAMENT FEE-SPECIAL EVENTS PROGRAM CONFERENCE-POLICE DEPT SERVICE SERVICE SERVICE-PACKET DELIVERY SERVICE SERVICE SERVICE SERVICE SERVICE CONFERENCE-ENGINEERING DEFT LICENSE APPLICATION FEE-WATER DEPT LICENSE-SEWER DEPT CONFERENCE-WATER DEFT CONFERENCE-WATER DEPT CONFERENCE-WATER DEPT REFUND-SWIMMING LESSONS EXPENSES-HUMAN RESOURCES TICKETS-DISNEY ON ICE-SENIOR PROGRAMS CONFERENCE-POLICE DEFT CONFERENCE-COMMUNITY CENTER CONFERENCE-HUMAN RESOURCES DEPT CONFERENCE-PLANNING DEPT CONFERENCE-BUILDING INSPECTIONS DEPT SANDER RENTAL-CO”NUNITY CENTER -SERVICE-HOMEWARD HILLS RD/MITCHELL RD & -RESEARCH RD STREET IMPROVEMENTS & UTILITY -CONST/MITCHELL RD EXTENSION & SANDY POINTE -ADDITION/HIGHWAY 5 FRONTAGE RD/DELEGARD PROPERTY SANITARY SEWER -WASTE DISPOSAL SERVICE-SENIOR CENTER/BUS -SERVICE-SPORTS & OUTDOOR PROGRAM/ROOM RENTAL-ADULT PROGRAMS -14 COFFEEMAKERS/POTWARMER/40 GLASS COFFEE DECANTERS FOR CITY BUILDINGS -CLEANING SUPPLIES-FACILITIES DEPT/ COMMUNITY CENTER/VACUUM-$400-COMMUNITY CTR -REPAIRED DAMAGE DUE TO SEWER & WATER PROJECT-SUMMIT & MEADOWVALE DR -ACETYLENE/HELIUM-EQUIPMENT MAINTENANCE/ FIRE DEPT 13926.50 70098.85 29.00 16689.23 41.00 52.00 180.00 1584.50 595.00 67.50 75.00 52.80 60.00 115.00 115.00 81.11 48.10 81.00 63.00 4783.78 12159.77 122.48 4995.49 100.00 45.00 15.00 360.00 650.00 80.00 14.00 28.00 1725.00 30.00 190.00 165.00 30.00 500.00 21.36 13424.73 690.32 4610.16 845.2z 1482.4f 1938.f 13831 MINNESOTA ENERGY COUNCIL 13832 ROBERT LAMBERT '1833 HUNTER CONFERENCE 334 HOLIDAY INN-MADISON WEST 13835 PETTY CASH-POLICE DEPT 13836 CROW WING COUNTY SOCIAL SERVICES 13837 GREAT WEST LIFE ASSURANCE CO 13838 HENN CTY SUPPORT & COLLECTION SER 13839 ICMA RETIREMENT TRUST-457 13840 INTERNAL REVENUE SERVICE 13841 INTL UNION OF OPERATING ENG 13842 MEDCENTERS HEALTH PLAN INC 13843 MN TEAMSTERS CREDIT UNION 13844 PHYSICIANS HEALTH PLAN OF MN 13845 EXECUTIVE DIRECTOR-PERA 13846 VOID OUT CHECK 13847 UNITED WAY 13848 RICK ATHERTON 13849 CYNTHIA CHRISTENSEN 13850 CAROL DEAN 13851 rouc GRANT 13852 JUDD GRIER 13853 DAVE HEADLA 13854 CINDY NESS 13855 GERALD RHOADES 13856 HEATHER SCHWIEGER 13857 BARBARA WILKUS 13858 PETTY CASH 859 CHASKA COMMUNITY CENTER ,860 MPLS INSTITUTE OF ARTS 13861 J L SHIELY COMPANY 13862 MUTUAL BENEFIT LIFE 13863 GUARANTEE MUTUAL LIFE COMPANY 13864 AL MAY ENTERPRISE 13865 SENSIBLE LAND COALITION 13866 R E MOONEY & ASSOCIATES INC 13867 MINNESOTA BUSINESS FORMS 13868 EAGLE WINE CO 13869 GRIGGS COOPER & CO INC 13870 JOHNSON BROTHERS LIQUOR CO 13871 PAUSTIS & SONS CO 13872 ED PHILLIPS & SONS CO 13873 PRIOR WINE CO 13874 QUALITY WINE & SPIRITS CO 13875 THE WINE COMPANY 13876 WORLD CLASS WINES 13877 HOPKINS POSTMASTER 13878 A TO Z RENTAL CENTER 13879 AAMCO TRANSMISSIONS 13880 AAOS 13881 AARP 55 ALIVE MATURE DRIVING 13882 ALEXANDER BATTERY NORTH 13883 AMERICAN HEART ASSOCIATION -CONFERENCE-BUILDING INSPECTIONS DEPT/ FACILITIES DEPT MARCH 91 EXPENSES-PARK & RECREATION DEPT CONFERENCE-ADMINISTRATION CONFERENCE-ADMINISTRATION EXPENSES-POLICE DEPT CHILD SUPPORT DEDUCTION PAYROLL 3/8/91 CHILD SUPPORT DEDUCTION PAYROLL 3/8/91 PAYROLL 3/8/91 MARCH 91 UNION DUES MARCH 91 HEALTH INSURANCE PREMIUM PAYROLL 3/8/91 MARCH 91 HEALTH INSURANCE PREMIUM APRIL 91 LIFE INSURANCE PREMIUM PAYROLL 3/8/91 REFUND-TENNIS LESSONS REFUND-KARATE LESSONS REFUND-SWIMMING LESSONS REFUND-KARATE LESSONS REFUND-KARATE LESSONS REFUND-KARATE LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-EMERGENCY WATER SAFETY CLASS REFUND-GYMNASTICS CLASS CHANGE FUND-PROGRAM SUPERVISOR SPECIAL TRIPS & EVENTS PROGRAM/FEES PAID ADULT PROGRAM/FEES PAID GRAVEL-STREET DEFT MARCH 91 DISABILITY INSURANCE PREMIUM MARCH 91 LIFE INSURANCE PREMIUM CANINE CAR REPAIR-EQUIPMENT MAINTENANCE DUES-PLANNING DEPT PAINT-WATER DEPT ENVELOPES-CITY HALL WINE LIQUOR LIQUOR WINE WINE WINE WINE WINE WINE POSTAGE-UTILITY BILLING HEATER RENTAL-PARK MAINTENANCE TRANSMISSION REBUILT-EQUIPMENT MAINTENANCE 1ST AID RESCUE EQUIPMENT-FIRE DEPT DEFENSIVE DRIVING INSTRUCTOR/FEES PAID PAGER BATTERIES-FIRE DEPT 1ST AID MANUALS-FIRE DEPT 210.00 200.00 400.00 153.30 50.42 155.00 6044.00 194.76 2113.72 32.00 1105.00 17642.65 25.00 29156.00 171.00 0.00 2.25 4.00 26.00 17.00 26.00 26.00 26.00 17.00 20.00 19.00 16.00 50.00 94.69 60.00 696.55 2714.73 2770.40 100.00 50.00 650.76 335.53 1101.59 16388.75 32295.91 150.90 12562.46 3509.73 17054.41 43.32 71.00 514.52 40.85 644.95 112.25 161.00 77.5( 105.0C 3043190 c) h APRIL 2.1991 13884 AMERICAN RED CROSS LIFEGUARD TRAINING COURSE-POOL LESSONS 13885 KARL F ANDERSEN & ASSOC INC BARRICADE TAPE-STREET DEPT 186 ANCHOR PAPER COMPANY COPY PAPER-CITY HALL ( 37 DON ANDERSON HOCKEY OFFICIAL/FEES PAID 1i888 ANDERSONS GARDEN EXPENSES-FIRE DEPT 13889 ANDON INC HELIUM TANK & VALVE RENTAL-SOCIAL PROGRAM 13890 AQUA SAFETY EQUIPMENT CO INC 8 COLD WATER & ICE RESCUE SUITS-FIRE DEPT 13891 ASSOC P/S COMMUNICATIONS OFFICERS DUES-POLICE DEFT 13892 AWARDS INC RIBBON CUTTING SCISSORS-CITY COUNCIL 13893 B & S TOOLS -DRILL BIT/SOCKETS/IMPACT DRIVER/PLIERS/ -WRENCH/MULTIMETER/CLIPSAIAGNET/SANDING BLOCKS/TAPE-EQUIPMENT MAINT/PARK MAINT 13894 S H BARTLETT CO INC VALVE ASSEMBLIES/FITTINGS-COMMUNITY CENTER 13895 BATTERY & TIRE WAREHOUSE INC -SIGNALS/BRAKE PAD/BATTERIES-EQUIPMENT MAINTENANCE 13896 BELL ATLANTIC TRICON LEASING CORP -APRIL 91 COPIER LEASE AGREEMENT-POLICE DEPT 13897 BERGIN AUTO BODY INC REPAIR & PAINT VEHICLE-EQUIPMENT MAINT 13898 BLEVINS CONCESSION SUPPLY COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 13899 CITY OF BLOOMINGTON FEBRUARY 91 ANIMAL IMPOUND SERVICE 13900 LOIS BOETTCHER MINUTES-HISTORICAL & CULTURAL COMMISSION 13901 BOYD HOUSER CANDY & TOBACCO CO CANDY FOR EASTER EGG HUNT-SOCIAL PROGRAM 13902 BOYD OIL DISTRIBUTING GAS ADDITIVE-EQUIPMENT MAINTENANCE 13903 LEE BRANDT HOCKEY OFFICIAL/FEES PAID 13904 BROADWAY AWARDS PLAQUES-ORGANIZED ATHLETICS 13905 BRO-TEX INC PAPER TOWELS-EQUIPMENT MAINTENANCE 13906 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINTENANCE 13907 NATHAN BUCK VOLLEYBALL OFFICIAL/FEES PAID ' 108 BUCKINGHAM DISPOSAL INC WASTE DISPOSAL-LIQUOR STORE 39 BUREAU OF CRIMINAL APPREHENSION CONFERENCE-POLICE DEPT 13910 BUSINESS MACHINES SALES & SERVICE TYPEWRITER REPAIR-SENIOR CENTER 13911 BUSINESS WEEK SUBSCRIPTION-FINANCE DEPT 13912 CEDAR COMPUTER CENTER INC 2 PRINTERS-FINANCE DEPT 13913 CEI JACKHAMMER-STREET MAINTENANCE 13914 JAMES CLARK MARCH 91 EXPENSES-POLICE DEPT 13915 MARK CLARK POLO PLASTICS -YOUTH ID BRACELETS-SPECIAL TRIPS & EVENTS PROGRAM 13916 CLUTCH & U-JOINT BURNSVILLE INC CV SHAFT-WATER DEPT 13917 COMMUNICATIONS WORLD OF MPLS WEST TELEPHONE REPAIR-POLICE DEPT 13918 CORPORATE RISK MANAGERS INC MARCH 91 INSURANCE CONSULTANT SERVICE 13919 BARBARA CROSS CONFERENCE-PARK PLANNING DEPT 13920 CROW MARKING INC DESK SIGNS-CITY HALL/COMMISSION MEMBERS 13921 CULLIGAN - METRO SERVICE 13922 CUMMINS DIESEL SALES INC -SEALS/GASKETS/CLAMPS/THERMOSTATS/TURBO INDUCTION FAN -$499 -EQUIPMENT MAINTENANCE 13923 CURTIS INDUSTRIES INC SCREWS/NUTS & BOLTS/KEYS-EQUIPMENT MAINT 13924 DALCO -CLEANING SUPPLIES-WATER DEPT/FACILITIES DEPT/COMMUNITY CENTER 13925 DAN & DANS MINUTEMAN PRESS -PRINTING-CERTIFICATION LETTERS-ORGANIZED ATHLETICS PROGRAM/FITNESS CLASS 13926 CRAIG W DAWSON EXPENSES-ADMINISTRATION 13927 DECATHLON ATHLETIC CLUB EXPENSES-MUNICIPAL LEGISLATIVE COMMISSION 13928 DEN CON LANDFILL INC -FEBRUARY 91 WASTE DISPOSAL-STREET MAINT/ PARK MAINTENANCE 29 HERB DEROMA SERVICE-MARTIN LUTHER KING JR PROGRAM 80.00 283.00 652.97 80.00 23.50 64.00 2272.80 50.00 49.07 419.45 194.10 300.09 358.68 1452.00 525.21 430.00 47.40 471.50 198.00 283.00 174.00 154.69 249.85 337.50 113.42 60.00 54.00 27.50 1051.40 155.59 200.00 178.84 133.00 86.00 560.00 35.00 175.25 29.90 511.40 311.03 304.59 156.83 62.25 8.65 57.50 408.00 1 ,11 1383096 APRIL 2.1991 13930 DRUMMOND AMERICAN CORP 13931 EASTMAN KODAK COMPANY 332 EDEN PRAIRIE APPLIANCE 13933 CITY OF EDEN PRAIRIE 13934 EDEN PRAIRIE FIRE DEPT 13935 EDEN PRAIRIE SCHOOL FOOD SERVICE 13936 DEB EDLUND 13937 JOHN H EKLUND 13938 ELVIN SAFETY SUPPLY INC 13939 CHRIS ENGER 13940 DOUGLAS ERNST 13941 EXPRESS MESSENGER SYSTEMS INC 13942 F M SERVICE & EQUIPMENT 13943 FIRE INSTRUCTORS ASSN 13944 FLOYD SECURITY 13945 FMC CORPORATION 13946 FOUR STAR BAR & RESTAURANT SUPPLY 13947 JOHN FRAME 13948 LYNDELL F FREY 13949 GENERAL MACHINING INC 13950 GETTING TO KNOW YOU 13951 BENNETT GIBBS 13952 GNERER WELDING INC 13953 GOVERNMENT TRAINING SERVICE 13954 W W GRAINGER INC 13955 BRADLEY GRAY 13956 GREAT AMERICAN MARINE 13957 LEROY GUBA 13958 GUNNAR ELECTRIC CO INC 13959 HARMON GLASS 13960 HAYDEN MURPHY EQUIPMENT CO 13961 CHRISTINE HEIL 13962 LAURIE MELLING 13963 HENNEPIN COUNTY TREASURER 13964 HENN CTY PUBLIC RECORDS 13965 HENNEPIN COUNTY TREASURER 13966 D C HEY COMPANY INC 13967 STEVE HIGLEY 13968 HOFFERS INC 13969 CHERYL HOGE 13970 HOLMSTEN ICE RINKS INC 71 HOME LUMBER 1994888 CHEMICAL SPILL SUPPLIES-FIRE DEPT -FEBRUARY 91 COPIER MAINTENANCE AGREEMENT- CITY HALL WASHER REPAIR-EQUIPMENT MAINTENANCE -CITYS SHARE OF MUNICIPAL LEGISLATURE DINNER REIMBURSEMENT-POP FOR CITY COUNCIL SERVICE-MARTIN LUTHER KING JR PROGRAM MINUTES-PLANNING COMMISSION FEBRUARY 91 WASTE DISPOSAL-FORESTRY DEPT LINEMAN GLOVES-STREET LIGHTING DEPT MARCH 91 EXPENSES-PLANNING DEPT LICENSE-PARK MAINTENANCE POSTAGE-CITY HALL/COMMUNITY CENTER PRESSURE WASHER REPAIR-EQUIPMENT MAINT BOOK-FIRE DEPT -2ND QUARTER 91 SECURITY SYSTEM MAINT AGREEMENT-LIQUOR STORE PIN/SPRING-EQUIPMENT MAINTENANCE SUPPLIES-LIQUOR STORE MARCH 91 EXPENSES-FINANCE DEPT VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID STEEL PLATE-PARK MAINTENANCE -NOVEMBER/DECEMBER 90/JANUARY & FEBRUARY 91 ADVERTISING-LIQUOR STORES -BICYCLE MECHANICS INSTRUCTOR-OUTDOOR CTR PROGRAM/FEES PAID -PLOW BLADES/RUBBER SHIELD/MARKERS/PENS/ -PLOW BOLTS/CABLES/4-WAY VALVE-EQUIPMENT MAINTENANCE/PARK MAINTENANCE SCHOOL-POLICE DEPT -BARRIER TAPE/POWER TAPE/LAMPS/HACKSAW BLADES-EQUIPMENT MAINTENANCE HOCKEY OFFICIAL/FEES PAID INFLATABLE BOAT-FIRE DEPT HOCKEY OFFICIAL/FEES PAID -WIRED 2ND FLOOR OF HOMEWARD HILLS BARN- PARK MAINTENANCE WINDSHIELD REPAIRS-EQUIPMENT MAINTENANCE FRONT END LOADER REPAIR-EQUIPMENT MAINT SOFTBALL OFFICIAL/FEES PAID MILEAGE-RECREATION ADMINISTRATION -MICROFICHE-ENGINEERING DEPT/ASSESSING DEPT/FORESTRY DEFT FILING FEE-ENGINEERING DEPT/PLANNING DEPT TRAFFIC TICKET FORMS-POLICE DEPT -TONNER/DEVELOPER/COPIER MAINTENANCE AGREEMENT-FIRE DEPT/EQUIPMENT MAINTENANCE VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID PAINT/PAINT THINNER-PARK MAINTENANCE -SERVICE-SWIMMING AIDE-ADAPTIVE RECREATION PROGRAM -FLOAT SWITCH HEAD/HEATER REPAIR/PILOT LIGHT/GAUGE-ICE ARENA-COMMUNITY CENTER -BRACKETS/BOLTS/STUDS/JOIST HANGERS/HAND -RAILS/LUMBER-HOMEWARD HILLS BARN-PARK 343.96 719.03 66.90 309.27 28.80 2042.00 125.00 750.00 26.75 203.20 6.50 98.76 202.75 33.95 398.00 16.00 365.31 200.00 429.25 20.25 462.00 130.00 830.23 418.00 201.67 533.00 1375.00 113.00 5387.38 70.00 1076.03 144.00 160.75 228.63 308.00 1113.50 307.37 138.00 90.56 103.50 211.53 163.05 14000 AHMAD MCGOWAN 14001 MASTER CRAFT LABELS INC 14002 MEDICAL OXYGEN & EQUIP CO 14003 MERLINS HARDWARE HANK MAINTENANCE APOGEE COMPUTER SOFWARE-POLICE DEPT 2000.00 SUBSCRIPTION-ADMINISTRATION 457.00 -ROOM RENTAL-ORGANIZED ATHLETICS/POOL 1957.50 LESSONS/MARTIN LUTHER KING JR PROGRAM RUBBER STAMP/BUSINESS CARDS-POLICE DEPT 104.95 BOOK-ASSESSING DEPT 75.00 DUES-ASSESSING DEFT 100.00 DUES-FIRE DEPT 60.00 -VOLLEYBALL OFFICIAL & OFFICIALS 338.50 COORDINATOR/FEES PAID RADIATOR REPAIR-EQUIPMENT MAINTENANCE 11.80 BASKETBALL OFFICIAL/FEES PAID 232.50 -OFFICE SUPPLIES-SEWER DEPT/WATER DEPT/ 563.41 FIRE DEPT -2ND QUARTER 91 MAINTENANCE AGREEMENT- 955.00 COMMUNITY CENTER -FORMICA/LUMBER/DRAWER LOCKS/PLYWOOD/STUDS/ 379.59 -SHELF SUPPORTS/TAPE-CITY HALL/FIRE DEPT/ STREET DEPT MAGNETIC SCREWDRIVER-EQUIPMENT MAINTENANCE 23.95 -JACKETS/LETTERING/TABLE TENNIS NET- 111.96 ORGANIZED ATHLETICS PROGRAM EXPLORERS PROGRAM INSTRUCTOR/FEES PAID 19.58 EXPENSES-PARK & RECREATION DEPT 12.14 JANUARY 91 LEGAL SERVICE 13202.50 -COVERALLS-EQUIPMENT MAINTENANCE/MATS - 139.45 LIQUOR STORE -FEBRUARY 91 LEGAL SERVICE-FLYING CLOUD 2696.82 LANDFILL EXPENSES-FIRE DEPT 508.18 SPRINGBOARD DIVING INSTRUCTOR/FEES PAID 315.75 TIMBERS-STREET MAINT/PARK MAINT 50.72 RUST & PAINT REPAIR-EQUIPMENT MAINTENANCE 687.5C -SWITCHES/3 MAIN SWEEPER BROOMS -$708/10 3037.81 GUTTER BROOMS-$74O-EQUIPMENT MAINTENANCE -APRIL 91 COMPUTER SOFTWARE MAINTENANCE 1545.0C AGREEMENT/COMPUTER SOFTWARE-POLICE DEPT BASKETBALL OFFICIAL/FEES PAID 18.0C -TYPESETTING FLYERS-RECREATION SUPERVISOR/ 265.0( -HISTORICAL & CULTURAL COMMISSION/POOL -LESSONS/FITNESS CLASSES/COMMUNITY CENTER ADMINISTRATION VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 61.5C JUNIOR BADGES-POLICE DEFT 450.0C OXYGEN-FIRE DEPT 108.5( -FAINT/CONTACT CEMENT/PAINT BRUSHES/HINGES/ 189.6: -FAINT TRAYS/HOSE/FITTINGS/RUST REMOVER/ -HOSE CLAMPS-CITY HALL/STREET MAINT/PARK MAINTENANCE/COMMNITY CENTER -MARCH 91 SERVICE-MUNICIPAL LEGISLATIVE 13500.0( COMMISSION -2ND QUARTER 91 SECURITY SYSTEM MAINT 78.0( AGREEMENT-PUBLIC WORKS BUILDING 13972 ICAT 13973 ICMA 13974 INDEPENDENT SCHOOL DIST #272 ,975 INSTY-PRINTS 13976 INTL ASSN OF ASSESSING OFFICERS 13977 IMO 13978 INTL SOCIETY OF FIRE SVC INSTR 13979 GARY ISAACS 13980 J & R RADIATOR CORP 13981 CHRISTOPHER M JESSEN 13982 JM OFFICE PRODUCTS INC 13983 JOHNSON CONTROLS 13984 JUSTUS LUMBER CO 13985 DAN N KANTAR 13986 KOKESH ATHLETIC SUPPLIES INC 13987 JOHN LANDERS 13988 ROBERT LM1BERT 13989 LANG PAULY & GREGERSON LTD 13990 LEEF BROS INC 13991 L LEHMAN & ASSOCIATES INC '992 LIONS TAP ,993 RICHARD LUGEANBEAL 13994 LYMAN LUMBER CO 13995 MAACO AUTO PAINTING 13996 MACQUEEN EQUIPMENT INC 13997 MASYS CORPORATION 13998 JEAN MATTIACCI 13999 MBA DESKTOP PUBLISHING PLUS 14004 MESSERLI & KRAMER 14005 METRO ALARM INC 4425724 APRIL 2,1991 14006 METROPOLITAN NAST" cnNTROL COMMIS FEBRUARY 9 1 S A C C H A R G E S 19305.00 14007 VOID OUT CHECK 0.00 , '4008 METROPOLITAN WASTE CONTROL COMMIS APRIL 91 S E W E R S E R V I C E C H A R G E S 156146.00 ( 009 MIDLAND EQUIPMENT CO AIR TAILGATE KITS-EQUIPMENT MAINTENANCE 468.00 14010 MIDWEST SIREN SERVICE -1991 CIVIL DEFENSE WARNING SIRENS MAINT 920.00 MAINTENANCE CONTRACT-POLICE DEPT 14011 MIDWEST BUSINESS PRODUCTS -OFFICE SUPPLIES-CITY HALL/COMMUNITY CTR/ 960.88 POLICE DEPT 14012 MINNCOMM PAGING MARCH 91 PAGER SERVICE-STREET MAINTENANCE 32.19 14013 MN CONWAY FIRE & SAFETY PROTECTIVE CLOTHING-FIRE DEPT 288.00 14014 MINNESOTA BAR SUPPLY SUPPLIES-LIQUOR STORE 99.30 14015 MN DEPART OF NATURAL RESOURCES FIREARMS SAFETY INSTRUCTOR/FEES PAID 95.00 14016 MN STATE TREASURER FEBRUARY 91 BUILDING SURCHARGES 2812.40 14017 MN SUBURBAN PUBLICATIONS ADVERTISING-LIQUOR STORES 153.00 14018 MINNESOTA TROPHIES PLAQUES-POLICE DEPT 138.14 14019 MOORE MEDICAL CORP 1ST AID RESCUE EQUIPMENT-FIRE DEPT 388.49 14020 MUNICIPAL TOY COMPANY INC TOYS-SOCIAL PROGRAM 175.00 14021 R J MUONIO -SERVICE-ELECTRICAL WORK AT 7126 BAKER RD- 1760.00 HOUSING REHABILITATION PROGRAM 14022 NATIONAL SCREENPRINT T-SHIRTS-ORGANIZED ATHLETICS PROGRAM 2698.46 14023 JANICE NELSON MINUTES-CITY COUNCIL 150.00 14024 JERRY PARNHAM VOLLEYBALL OFFICIAL/FEES PAID 30.00 14025 PEDERSON SELLS EQUIPMENT CO INC -SPREADER VAL V E / H Y D R A U L I C I P A N K - E Q U I R I E N T 352.44 MAINTENANCE 14026 PEPSI COLA COMPANY -CARBON DIOXIDE TANKS-POOL OPERATIONS- 138.75 COMMUNITY CENTER 14027 PITNEY BOWES INC -COPIER PHOTO DRUM/PRINTPOWDER-RECREATION 460.00 ADMINISTRATION 4028 PITNEY BOWES INC POSTAGE METER RENTAL-POLICE DEFT 114.75 .029 PRAIRIE ELECTRIC COMPANY INC -REPLACED BALLAST-LIQUOR STORE/INSTALLED 750.05 TEMPORARY FEED FOR AERATOR-PARK MAINT 14030 PREFERRED VENDING COFFEE FILTERS-CITY HALL 14.70 14031 PSO BUSINESS COMMUNICATIONS INC TELEPHONE R E P A I R - C I T Y H A L L 107.00 14032 R & R SPECIALTIES INC -ZAMBONI BLADES SHARPENED/STUDDED TIRE/ 768.60 -OIL FILTERS/SNOW SHIELD/DISTRIBUTOR/ TAIL PIPE-ICE ARENA-COMMUNITY CENTER 14033 MIKE RAMLER HOCKEY OFFICIAL/FEES PAID 160.00 14034 AAGE REFFSGAARD EXPENSES-BUILDING INSPECTIONS DEPT 15.0C 14035 SCOTT A REIN -SOFTBALL/VOLLEYBALL/HOCKEY & BROOMBALL 740.0C OFFICIAL/FEES PAID 14036 RESOURCE RECYCLING SUBSCRIPTION-ADMINISTRATION 92.0C 14037 BARBARA J RICE -SWIMMING AIDE-ADAPTIVE RECREATION PROGRAM/ 87.72 FEES PAID 14038 RONS ICE COMPANY SUPPLIES-LIQUOR STORE 105.3E 14039 DALE SCHMIDT EXPENSES-STREET DEPT 15.2( 14040 WILBUR W SCHULTZ -SOFTBALL/VOLLEYBALL & BASKETBALL OFFICIAL/ 120.5( FEES PAID 14041 SEARS CALCULATOR-FINANCE DEPT 54.9E 14042 TOM SEE INC -INSTALLED INSULATION-11995 SUNNYBROOK RD- 560.0( HOUSING REHABILITATION PROGRAM 14043 SIGN A RAMA USA -INSTALLED VINYL LETrxHING FOR POLICE 1419.6( VEHICLES-EQUIPMENT MAINTENANCE 14044 STEVEN R SINELL MARCH 91 EXPENSES-ASSESSING DEFT 14045 SIR SPEEDY PRINTING CTR PRINTING-SENIOR NEWSLETTER-SENIOR PROGRAMS 046 THE SKETCH PAD -TYPESETTING/PRINTING INVITATIONS-CITY -TYPESETTING/PRINTING-INVITATIONS-CITY 19319195 207.5( 141.0( 146.9: , COUNCIL REFUND-LICENSES -TEST LIGHT/DOCKET SETS/SCREWDRIVER/ SWITCH/PLIERS-EQUIPMENT MAINTENANCE FILM/DISTILLED WATER-COMMUNITY CENTER ADVERTISING-FINANCE DEPT ADVERTISING-LIQUOR STORE VEHICLE EMBLEMS-FIRE DEPT AWARDS-ORGANIZED ATHLETICS RECALIBRATE PORTABLE SCALES-POLICE DEPT SUBSCRIPTION-POLICE DEPT -BATTERIES/TRAFFIC WANDS/GRILLE & DECK -LIGHTS/3 VEHICLE PARTITIONS-$844/6 PUSH -BUMPERS-$504/5 FLASHLIGHTS W CHARGERS- $500-POLICE DEPT/EQUIPMENT MAINTENANCE -PRESS PUMP VALVE/SIMULATED SURVEILLANCE CAMERA-LIQUOR STORE -CANDY CANES-SOCIAL PROGRAM/FILE CABINET/ CASH BOX/FILES/BASKETBALLS-ORGANIZED ATHLETICS PROGRAM/VCR-STREET MAINTENANCE BLACKTOP-STREET MAINTENANCE HOCKEY OFFICIAL/FEES PAID -OXYGEN/ARGON GAS-EQUIPMENT MAINTENANCE/ PARK MAINTENANCE DUES-YOUTH TENNIS PROGRAM SUBSCRIPTION-WATER DEPT NUTS & DOLTS-PARK MAINTENANCE UPHOLSTERED CHAIR CUSHION-FITNESS CENTER PROPANE CYLINDERS-ICE ARENA-COMMUNITY CTR REFUND-MECHANICAL PERMIT MARCH 91 EXPENSES-POLICE DEPT REFUND-OVERPAYMENT UTILITY BILLING WELDING SUPPLIES-PARK MAINTENANCE MINUTES-CITY COUNCIL RECYCLING CONTAINERS-SOLID WASTE MGMT VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID EXPENSES-BUILDING INSPECTIONS DEPT LOCKERS-EQUIPMENT MAINTENANCE MILEAGE-ENGINEERING DEPT SOLENOID/SPRINGS/ADAPTER-EQUIPMENT MAINT 14047 SMITH HVAC INC 14048 SNAP ON TOOLS CORP ( )49 SNYDER DRUG STORES INC 14050 SOUTHWEST SUBURBAN PUBLISH INC 14051 SOUTHWEST SUBURBAN PUBLISH INC 14052 SPECIALTY SCREENING 14053 SPORTS WORLD USA 14054 STATE OF MINNESOTA 14055 STAR TRIBUNE 14056 STREICHERS PROFESSIONAL POLICE EQ 14057 SUPERIOR PRODUCTS 14058 TARGET STORES 14059 TOWER ASPHALT INC 14060 BRAD SWANSON 14061 TWIN CITY OXYGEN CO 14062 U S TENNIS ASSN 14063 U S WATER NEWS 14064 UNLIMITED SUPPLIES INC 14065 THE UPHOLSTERY SHOP 14066 VISION ENERGY 167 VIKING AUTOMATIC SPRINKLER CO , )68 KEITH WALL 14069 WELSH COMPANY 14070 WEST WELD SUPPLY 14071 ROBERTA WICK 14072 WOODLAKE SANITARY SERVICE INC 14073 KRISTA M WORRE 14074 JIM ZAIC 14075 ZEP MANUFACTURING COMPANY 14076 FRED ZIEBOL 14077 ZIEGLER INC 13501 VOID OUT CHECK 13527 VOID OUT CHECK 13538 VOID OUT CHECK 13610 VOID OUT CHECK 13670 VOID OUT CHECK 13730 VOID OUT CHECK 13757 VOID OUT CHECK 13766 VOID OUT CHECK 30.00 468.78 10.15 9.50 107.16 136.50 15.00 280.00 70.20 2024.52 194.33 344.75 1595.01 289.00 146.90 25.00 44.00 24.00 68.75 126.42 30.50 220.00 3656.85 95.61 175.00 8500.00 180.00 15.00 48.59 107.25 119.12 20.40 1512.93- 14424.73- 1936.86- 633.25 810.74 1482.05 193.86 -185693 $571000.17 DISTRIBUTION BY FUNDS 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 51 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 79 RALF 81 TRUST & ESCROW FUND 87 CDBG FUND 88 MUNICIPAL LEGISLATIVE $571000.17 251729.16 3647.80 65680.27 34965.88 -1660.03 12692.87 176110.23 752.50 10696.07 2567.50 13817.92 MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Parks, Recreation and Natural Resources March 22, 22, 1991 Trail Connection from Welter's 6th Addition At the March 5th meeting the City Council approved the first reading of the Welter's 6th Addition, subject to review of possible trail connection alternatives prior to the second reading. After walking the site with the developer and discussing this issue with adjacent property owners, City staff recommend the developer be required to construct an 8' wide asphalt trail, constructed to City specifications, from the sidewalk through Outlot A to a proposed creek crossing. The estimated length of this trail would be approximately 200'. This would be the permanent trail location and would eliminate any duplication or need for a parallel trail in the future. Once there is a demand for a trail connection to Homeward Hills Road, the City would be required to construct a bridge across the creek and obtain a trail easement across approximately 130' of property owned by Ray Welter. BL:mdd wtrail/bob '1 13 0 City Owned Property Aiding Trail/Sidewalk System . a Proposed Soft Strf ace Nature Trail (future) TO Be Installed by Developer 5' Concrete Sidewalk •• nnnnn 8' Bituminous Trail Welter's Purgatory Acres 6th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE #7-9I 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 April 2, 1991, entered into between Welter's 6th Addition Limited Partnership, a Minnesota limited partnership, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between J B & D, Inc. a Minnesota corporation, and the City of Eden Prairie, dated as of April 2, 1991, which Agreement and Owner's Supplement are hereby made a part hereof. SECTION 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of March, 1991, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 2nd day of April, 1991. ATTEST: John D. Fran, City Clerk Douglas B. Tenpas, Mayor 3LISHED in the Eden Prairie News on the day of , 1991. EXHIBIT A Legal Description Tract D, except the south 215 feet of the west 202.6 feet thereof, Registered Land Survey No. 1041, Hennepin County, Minnesota. Welter's Purgatory Acres 6th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 91-82 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 7-91 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 7-91 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of April, 1991. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 7-91, 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 Minn. State. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 7-91 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on the 2nd day of April, 1991. ATTEST: Douglas B. Tenpas, Mayor John D. Franc, City Clerk Welter's Purgatory Acres 6th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTION OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.9, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located north of Welter's Way and south of Sunnybrook Road, 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: John D. Frane, City Clerk Douglas B. Tenpas, Mayor PUBLISHED in the Eden Prairie News on the day of 1991. (A full copy of the text of this Ordinance is available from the City Clerk.) Welter's Purgatory Acres 6th Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1991, by WELTER'S 611I ADDITION LIMITED PARTNERSHIP, a Minnesota limited 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 to R1-13.5 on 10.95 acres, with variances approved by the Board of Appeals, and Preliminary Plat of 10.95 acres into seven (7) single family lots, one outlot, and road right-of-way for Welter's Purgatory Acres 6th Addition, all said 10.95 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 #7-91, Developer covenants and agrees to construction upon, development, and maintenance of said Property as follows: 1. APPROVED PLANS: Developer shall develop the property in conformance with the City Council approval at the meeting of December 18, 1991, and in conformance with materials revised and dated , 1991, attached hereto as Exhibit B and hereby made a part hereof, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. CONVEYANCE OF LAND/EASEMENTS TO CITY: Concurrent with, and as part of, the final plat for the Property, Developer agrees to convey the following to the City, free and clear of any liens, mortgages, or other encumbrances, and free and clear of any environmentally hazardous materials or conditions: A. Outlot A, as depicted in Exhibit B, attached hereto, for park and open space purposes. B. A drainage and utility easement for conservation purposes over Wetland #1008W as designated by the Minnesota Department of Natural Resources (DNR), and as depicted in Exhibit B, attached hereto. C. A drainage and utility easement for conservation of a deer corridor in the location as depicted in Exhibit B, attached hereto. t_O 4. CROSS-ACCESS EASEMENT: Prior to release by the City of the final plat for the Property, Developer agrees to submit to the City and to obtain the City's approval of a cross-access easement for that portion of the private driveway that crosses the southwest corner of proposed Lot 1, as depicted in Exhibit B, attached hereto. Prior to issuance by City of any building permit for said Lot 1, Developer agrees to file said cross-access easement, as approved by the City, with Hennepin County, and to provide proof of filing to the City. 5. STREET AND UTILITY PLANS: Prior to release by the City of any final plat for the Property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of: A. Plans for streets including the redesign and restoration of the existing terminus of Welter's Way, sanitary sewer, water, including extension of the six-inch water line from the terminus of the cul-de-sac north to Sunnybrook Road, interim irrigation systems, storm sewer, and erosion control for the Property. B. Copies of all contracts, agreements, and written arrangements for services between Developer and Developer's Project Design Engineer for construction phase services. 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. 6. LAND ALTERATION PERMIT: Prior to any construction or development on the Property, Developer agrees to apply to the City Engineer, and obtain the City Engineer's approval of a land alteration permit for the Property. Developer and City acknowledge that there are 344 caliper inches of significant trees on the Property and that development of the Property will result in the removal of 294 caliper inches of significant trees. Therefore, Developer acknowledges that, along with other conditions of said land alteration permit, Developer shall be required to mitigate such tree loss by replacement of 294 caliper inches of trees, in accordance with the tree replacement plan attached hereto in Exhibit B. 7. SIDEWALK AND TRAIL CONSTRUCTION: Concurrent with, and as part of street and utility construction on the Property, Developer agrees to construct the following sidewalk and trail: A. A five-foot wide concrete sidewalk extended from its current terminus along existing Welter's Way, northerly to the south boundary of the Property, and approximately 210 ft. along the west side of Welter's Way within the Property, as depicted in Exhibit D, attached hereto and made a part hereof. B. A eight-foot wide asphalt trail from the sidewalk through Outlot A, as depicted in Exhibit D, attached hereto. Said trail shall be constructed to the proposed creek crossing, for a length of approximately 200 ft. in the location as depicted in said Exhibit D. Developer agrees to construct said sidewalk and trail in accordance with the terms and conditions of Exhibit C, attached hereto. 8. BASEMENT FLOOR ELEVATION ESTABLISHED: Prior to issuance of any building permit for any lot adjacent to the pond on the Property as depicted in Exhibit B, attached hereto, Developer agrees to submit to the City Engineer, and to obtain the City Engineer's approval of, individual building plans which provide that the lowest floor elevation for all such structures on such lots shall be as depicted in Exhibit B, attached hereto. Developer further agrees that, prior to issuance of any such building permit, Developer shall field verify the footing elevations and provide certification of such elevations to the City Engineer prior to masonry wall construction. Upon approval by the City Engineer, Developer agrees to construct, or cause to be constructed„ those buildings on lots adjacent to such pond, as approved by the City Engineer, in accordance with the terms and conditions of Exhibit C, attached hereto. 9. CUL-DE-SAC OVER 500 FT.: City and Developer acknowledge that the cul-de-sac on the Property exceeds the City Code maximum allowable cul-de-sac length of 500 ft. and that a waiver to such requirement has been approved by the City. 10. FINAL ORDER #9I-006: Developer has obtained the following variances from City Code provisions from the Board of Appeals through Final Order #91-006: A. Lot 4, as depicted in Exhibit B, attached hereto, shall be allowed a lot frontage of 20 ft. on a cul-de-sac, instead of 55 ft. B. Lots 5, 6, and 7, as depicted in Exhibit B, attached hereto, shall be have a front yard building setback of 25 ft., shall have building pads not exceeding 60 ft. in depth, and shall have housing units which extend no further than 85 ft. into such lots as measured from the front lot line. Developer agrees to abide by the terms and conditions of approval of said Final Order #91-006, a copy of which is attached hereto as Exhibit E, and hereby made a part hereof. Welter's Purgatory Acres 6th Addition OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN WELTER'S 6TH ADDITION LIMITED PARTNERSHIP AN!) THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1991, by and between J B& D, INC., a 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 #7-91, changing the zoning of the Property owned by Owner within the Rural District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of , 1991, by and between Welter's 6th Addition Limited Partnership, a Minnesota limited partnership, and City, Owner agrees with City as follows: I. If Welter's 6th Addition Limited Partnership fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the Property to the Rural District. 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. CITY OF EDEN PRAIRIE Douglas B. Tenpas, Mayor Carl J. Jullie, City Manager MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Parks, Recreation and Natural Resources March 22, 1991 Ordinance NO. 11-91 Regarding Dumping Household Refuse in Public Trash Receptacles Earlier this year, the City Council requested the City Attorney to draft an ordinance making it illegal to deposit household refuse in public trash receptacles. This has become more of a problem in parks throughout the City as garbage collection rates have increased. Staff recommend approval of the first reading of Ordinance NO. 11-91. BL/mdd ord11-91/bob CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. // -91 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 9 ENTITLED "PUBLIC PROTECTION, CRIMES AND OFFENSES, SEC. 9.04, SUBD. 4." BY ADDING A NEW PARAGRAPH A. A. AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Sec. 9.04, Subd. 4. is amended to add paragraph A. A. to read as follows: A. A. Deposits in public trash receptacles of household refuse, including all organic material resulting from the manufacture, preparation, or serving of food or food pro- ducts, and spoiled, decayed or waste products from any source, bottles, cans, glassware, paper or paper products, crockery, ashes, rags, discarded clothing, tree or lawn clippings, leaves, weeds, waste resulting from building construction, remodeling or demolition, and other waste products, unless such refuse is the result of activities in the park in which such public receptacle is located. Section 2. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code 'TR! Including Penalty for Violation" and Section 9.99 entitled "Violation of Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 1991, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1991. ATTEST: City Clerk Mayor Published in the Eden Prairie News on the day of , 1991. MEMORANDUM TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Craig Dawson, Assistant to the City Manager t I DATE: March 8, 1991 SUBJECT: Community and Business Survey Expense Background: On May 15, 1990. the City Council authorized approximately $20,000 for services by Decision Resources, Ltd. (DRL), to conduct surveys of the business and residential communities of Eden Prairie. As described in the first paragraph of the attached memorandum, the City would ultimately be responsible for payment to DRL of all services rendered, and the Chamber of Commerce would reimburse the City for the costs associated with the business survey. The final costs for the surveys were as follows: Residential survey: Business survey: Total Business Survey Balance: $15,390 _4,700 $20,090 At issue is the outstanding bill from DRL for the business survey. Chamber staff requested that the City pay the invoice for one-half of the fee ($2350) from DRL at the start of the survey; it cited cash-flow difficulties and verbally acknowledged it commitment to re-pay this fee. Since that time, the Chamber has been able to raise $1,500 toward its $4,700 study and has remitted this amount directly to ORL. A total of $850 is still due to DRL. Payments are summarized as follows: $2,350 paid (lent) by City 1,500 paid by Chamber T57-3cd total paid 850 owed to DRL 177,77) total fee At this time the Chamber has asked that the City pay the $850 balance owed to Decision Resources. Marge Friederichs has indicated that the Chamber intends to repay the amount advanced by the City ($2,350 + $850 = $3,200) through continued fund-raising and/or its annual budgetary process. Since the Chamber is having difficulty raising voluntary contributions, the Council may wish to consider assuming a portion or all of the $3,200 amount owed by the Chamber because of the value of information gained from the business survey. RECOMMENDATIONS: It is recommended that the Council authorize payment of the $850 balance to Decision Resources, Ltd. Total fees paid to DRL by the City would be $18,590, an amount below the $20,000 limit for City expenses authorized by the Council. The Council may wish to assume all or a portion of the $3,200 balance which would be owed to the City. MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Cr a i g W . D a w s o n DATE: May 9, 1990 On February 20, 1990 the Council a u t h o r i z e d e x p e n d i t u r e o f $ 1 5 , 0 0 0 f o r Decision Resources, Ltd. to do a s u r v e y o f t h e c o m m u n i t y f o r t h e C i t y a n d of business owners and managers f o r t h e C h a m b e r o f C o m m e r c e . I t w a s estimated that the survey for th e C h a m b e r w o u l d c o s t $ 4 , 0 0 0 , a n a m o u n t f o r which it would reimburse the Ci t y . After development of the questi o n n a i r e , i t b e c a m e a p p a r e n t t h a t t h e information the City wanted fro m t h e s u r v e y w o u l d r e s u l t i n a c o s t i n excess of the $11,000 budget. T h e l a t e s t e s t i m a t e f r o m D e c i s i o n R e s o u r c e s , Ltd. is $14,560. Inasmuch as the survey is the first opportunity i n a l o n g time to ask residents about how t h e y v a l u e a r a n g e o f c o m m u n i t y s e r v i c e s and issues, it is in the City's i n t e r e s t t o m a k e t h e s u r v e y a s comprehensive as possible. In a s e n s e , t h e C i t y c o u l d t a k e a d v a n t a g e o f the efficiency of retaining the " c a p t i v e a u d i e n c e " o n t h e t e l e p h o n e . I t appears that the only way of mak i n g s i g n i f i c a n t r e d u c t i o n s i n c o s t s i s t o delete whole sections entirely. B e c a u s e t h e i n f o r m a t i o n f r o m t h e s u r v e y can provide valuable insight int o p l a n n i n g a n d s t r u c t u r i n g C i t y s e r v i c e s , it would appear that the added c o s t w o u l d b e a g o o d i n v e s t m e n t . RECOMMENDATION: It is recommended that the Co u n c i l a m e n d t h e a g r e e m e n t with Decison Resources, Ltd. in o r d e r t h a t t h e f e e f o r i t s s e r v i c e s t o t h e City not exceed $20,000. CWD:jdp I II u I.) l• I TO: THROUGH: FROM: SUBJECT: DATE: Mayor City Council City Manager Carl J. Jullie Assistant to the City Manager Craig W. Dawson Community Survey February 16, 1990 Several suburban communities have conducted professional surveys of their residents in order to assess the services provided and requested by their residents. These surveys can be valuable tools for City Councils to understand better the characteristics and preferences of their residents. With this information, services can be planned, designed, and be placed in perspective when establishing budgets. Surveys can also point out the many things a city is doing well. Funds were authorized for such a survey in the 1989 budget. About the time that staff was ready to request proposals, the issue of the proposed settlement with the landfill expansion litigation beame a focus of community attention. Because this issue was highly controversial, staff believed it could color the responses to the survey. Consequently, the survey was not conducted. Recently, the Eden Prairie Chamber of Commerce suggested that the City and the Chamber do a community survey jointly. The City would benefit from the survey data as described above. Responses to the business portion of the survey would provide the City with information from an important, sizable non-voting constituency. Some questions of the residents would be of interest to the Chamber, and some questions of the business community would be of interest to the City. Given the complementary interest, it would be efficient to do these surveys at the same time. Decision Resources, Ltd. has submitted a proposal to perform the surveys. It has conducted these types of surveys for most other suburban cities. Discussions with staff members in several cities have indicated high levels of satisfaction with the work done and fees charged by Decision Resources. The fees proposed for Eden Prairie are comparable to those charged to other cities. The Chamber of Commerce has indicated it is satisfied with the proposal; it is willing to fund its portion of the survey (estimated to be $4,000). Decision Resources would bring not only proven performance and professionalism to the study, but it would use data from other community surveys for comparison. This dimension would give more than a "snapshot" view of Eden Prairie. Should the Council approve the survey work, City and Chamber teams would work with Decision Resources staff to refine the questions and topics to be covered. It is expected that the random telpehone surveys would be conducted in April. Costs for the City/Chamber study should fall into the $12,000-$15,000 range according to the Decision Resources proposal. Funds for this study are available from the General Fund surplus. RECOMMENDATION: It is recommended that the City Council retain the services of Decisions Resources, Ltd. to conduct a survey of residents and businesses at a cost not to exceed $15,000. The Eden Prairie Chamber of Commerce would commit $4,000 to this study. CWO:CJJ:jdp n • 4113 0 MEMORANDUM TO: Mayor and City Council FROM: Carl J. Jullie, City Manager DATE: March 22, 1991 SUBJECT: Revenue Bond Fees Background In prior years, cities could issue industrial revenue bonds for all k i n d s o f commercial, industrial, and housing developments. The interest tha t t h e s e b o n d s earn is non-taxable. Accordingly, the end result for the developer o r b u s i n e s s owner should be a lower interest rate for their financing. A city m a y i s s u e revenue bonds without a public referendum. However, it cannot pledg e t h e f u l l faith and credit of the community for these bonds, thus the City may n o t t a x property owners to pay principal and interest on them, so there is l i t t l e , i f any, financial risk to the community. More recently, the Federal government has put on many new restrictio n s r e g a r d i n g revenue bonding. Housing revenue bonds may still be issued, but prim a r i l y f o r the benefit of families with low and moderate incomes. Both single-f a m i l y a n d multi-family residential housing is eligible. Industrial revenue b o n d s m a y n o w only be issued to businesses which are primarily "manufacturing". O f f i c e a n d commercial uses are no longer eligible. Following these changes, E d e n P r a i r i e has not issued any revenue bonds for new commercial/industrial pro j e c t s s i n c e 1985. To-date, Eden Prairie has issued a total of $355,648,360 in revenu e b o n d s f o r 113 projects, including all refundings. The City's most recent involvement with revenue bonding has been w i t h s e v e r a l multi-family projects which have come through our process for refi n a n c i n g , sometimes due to default on the bond payments and resulting forecl o s u r e o f t h e mortgages. City Fees In 1984, the law firm of O'Connor & Hannan made a proposal to the C i t y t o c r e a t e a "Reserve Fund", as other cities had done (i.e., Mpls. & St. Paul) b y essentially "pooling" the available arbitrage earnings and fees on C i t y i s s u e d revenue bonds. The Council chose not to proceed, because the propo s a l b e c a m e less viable as the rules regarding arbitrage earnings were tightene d . W h a t d i d result, however, was the City's current practice of charging 1/8 of 1 % o n t h e outstanding balance of revenue bonds issued on qualifying projects a s p e r Resolution No. 85-135 (copy attached). The resulting revenues go t o t h e C i t y ' s General Fund and can be used for any purpose for which the City is a u t h o r i z e d t o expend funds. For projects financed through revenue bonds, there is a l w a y s a representation by the developer that the project is not feasible without the City's issuance of revenue bonds or obligations. Mayor and City Council March 22, 1991 Page Two Staff has been interpreting Resolution No. 85-135 to also apply to projects which come in to us for refinancing, even though they may have received an inducement resolution prior to May 21, 1985. Recently, some developers seeking refinancing have objected to this charge, saying that they should contine to be exempt because their projects were approved by the City prior to 1985 and that for a refinancing they do not need an "inducement" resolution. Because of this uncertainty, we have suspended imposition of the fee until the Council makes a determination. The following is a list of projects involving refinancing which have agreed to pay the 1/8% City fee, even though their inducement resolutions may have come before May 21, 1985. A project already paying the 1/8% fee is not charged an additional 1/8% upon refinancing. 1991 Est.Future Fee Project Year Issue Amount City Fee to be collected Minnesota Supply 1987 $ 700,000 $ 800 $ 8,750 Edenvale Apts. 1989 5,500,000 6,900 69,000 Lakeview Business Ctr.1989 2,900,000 3,400 34,000 McGlynn Bakeries 1989 2,000,000 2,600 26,000 Eden Commons Apts. 1990 6,600,000 7,400 74,400 Parkway Apts. 1990 13,800,000 17,200 172,000 Eden Investments 1990 2,700,000 3,300 33,000 The revenue side of the 1991 City budget anticipates $80,000 in revenue from the 1/8% fee. Of this total, $41,600 is scheduled to come from the "refinancing" projects. Attached is a listing of other cities and their corresponding charges. I suggest that the Council review this matter and determine a policy for staff to follow. These options are submitted for your consideration: Option 1 Continue to impose the 1/8% fee on all new projects, including all forms of refinancing. The appropriate Council action would be: Approve Section 3.13 of Fee Resolution No. 91-08 to read as follows: Charges for Tax Exempt Financing $800 application fee per each transaction, and 1/8 of 1% on the upaid principal balance at the end of each 12-month period. This charge is effective for all new projects receiving final Council authorization on or after March 1, 1991 and for all existing projects receiving final Council authorization on or after March 1, 1991 for refunding, or for change in project ownership, security or maturity date of the revenue bonds. This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No. 85-135 and its subsequent reauthorizations. 11 11, iiA mdydr ddU LI t.y LUUdCli March 22, 1991 Page Three Option 2 Continue to impose the 1/8% fee on all new projects, including refinancing, but excluding refinancings which are requesting a change solely in interest rate and/or ownership. The appropriate Council action would be to: Approve Section 3.13 of Fee Resolution No. 91-08 to read as follows: Charges for Tax Exempt Financing $800 application fee per each transaction, and 1/8 of 1% on the unpaid principal balance at the end of each 12-month period. This charge is effective for all new projects receiving final Council authorization on or after March 1, 1991 and for all existing projects receiving final Council authorization on or after March 1, 1991 for refunding, or for change in security or maturity date of the revenue bonds, but excluding projects receiving Council authorization on or after March 1, 1991 for change solely in interest rate and/or project ownership. This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No. 85-135 and its subsequent reauthorizations. Option 3 Continue to use the 1/8% fee on all new projects, but not on refinancing when the original issue was not subject to the 1/8% fee. The appropriate Council action would be to: Charges for Tax Exempt Financing $800 application fee per each transaction, and 1/8 of 1% on the unpaid principal balance at the end of each 12-month period. This charge is effective for all new projects receiving final Council authorization on or after March 1, 1991 for the issuance of revenue bonds. This resolution has no effect on projects currently responsible for a fee pursuant to Resolution No. 85-135 and its subsequent reauthorizations. This option could reduce future fee collections by about $540,000. There are $27,000,000 in bonds which are likely to be refinanced and another $16,000,000 which might be refunded. CJJ:jdp CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 85-135 AMENDING RESOLUTION 85-10 (FEE RESOLUTION) BE IT RESOLVED that Section 3.12 be added to Resolution No. 85-10 as follows: 3.12 Charges for Tax Exempt Financing $800 application fee per each transaction 1/8 of 1% on the unpaid principle balance at the end of each 12 month period. Effective for projects receiving inducement resolutions after May 21, 1985. ADOPTED by the Eden Prairie City Council on June 4, 1985. ATTEST 1.2 ( • CITY Anoka Apple Valley Blaine Bloomington Brooklyn Center Brooklyn Park Burnsville Champlin Chanhassen Chaska Columbia Heights Coon Rapids Crystal Dayton Deephaven Edina Fridley Golden Valley Maple Grove Minneapolis Minnetonka New Hope Osseo TELEPHONE # 421-6630 431-8800 784-6700 881-5811 569-3300 424-8000 895-4400 421-8100 937-1900 448-2851 782-2800 755-2880 537-8421 427-4589 474-4755 927-8861 571-3450 593-8000 420-4000 673-2574 939-8200 533-1521 425-2624 FEE None None None None One time fee None One time fee None None None None One time issuance charge None Deducted from escrow account None None For industrial bonds put Money in "deposit" that they draw money to defray None One time charge 1/8 of 1% or 1/16 of 1% depending None None No response Plymouth Richfield Robbinsdale Shakopee Wayzata Cottage Grove Eagan Forest Lake Hastings Inver Grove Heights Maplewood Mendota Heights Mounds view New Brighton North St. Paul Oakdale St. Paul South St. Paul Stillwater White Bear Lake Woodbury Wyoming 550-5000 861-9700 537-4534 445-3650 473-0234 458-2800 454-8100 464-3550 437-4127 457-2111 770-4500 452-1850 784-3055 633-1533 770-4450 739-5086 298-4012 450-8702 439-6121 429-8526 739-5972 462-5426 No response None i5 of 1% for the first two years 1/10 there- after None None None 1/8th of 1% None None No response IA of 1% first year 1/8 of 1% thereafter 1% of 1% first % million, 55% of 1% next two million, 4% of 1% next 7.5 million, 1/8% of 1% over 10 million No response None None None 1/10th, then 4 of 1% at closing. None None One time fee None None RFRH/ap:C/TIES