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HomeMy WebLinkAboutCity Council - 06/17/1986TUESDAY, JUNE 17, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION OF PLAQUE RECOGNIZING JOHN SWORD FOR TEN YEARS OF SERVICE AS A POLICE RESERVE OFFICER I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. Special, City Council Meeting held Friday, May 2(1, 1986 Page 1373 B. City Council Meeting held Tuesday, June 3 1986 Page 1379 III. CONSENT CALENDAR A. 2nd Reading of Ordinance No. 31-85 Sprinkling Ban Amendment Page 1392 B. Award Contract for PCB Transformer Ren1:-.cement at Water Treatment Page 1393 I.C. 52-098 (Tesolution No. 86-131) C. Final 4 Plat A royal for Primeland 4th Addition (east side of City Page 1355' West Parkway) Resolution N. ei-139 D. Final Plat Approval for Hidden Glen North (east & west of Dell Page 1398 Road south of Townline) Resolution No. 86-140 E. Special Assessment Agreement for the D. Holland Addition Page 1401 F. Clerk's License List Page 1405 G. MOUNT CURVE ADDITION, by Mount Curve Developers. 2nd Reading of Page 1406 Ordinance #25-85, Zoning District Change from the Rural District to the RM-6.5 District; Approval of Developer's Agreement for Mount Curve Addition; and Adoption of Resolution #86-130, Approving Summary of Ordinance #25-85 and Ordering Publication of Said Summary. 2.87 - acres into nine lots for seven townhouse units. Location: Southwest corner of Franlo Road and Mount Curve Road. (Ordinance #25- 85, Rezoning; Resolution #86-130, Approving Summary and Publication) City Council Agenda - 2 - Tues.,June 17, 1986 H. OLYMPIC HILLS 7TH ADDITION, by Olympic Hills Land Corporation. 2nd Reading of Ordinance #13-86, Zoning District Change from the Rural District to the R1-13.5 District; Approval of Developer's Agreement for Olympic Hills 7th Addition; and Adoption of Resolution #86-131, Approving Summary of Ordinance #13-86 and Ordering Publication of Said Summary. 1.05 acres for construction of three single family homes. Location: 10602, 10632, 10662 Mount Curve Road. (Ordinance #13-86, Rezoning; Resolution #86-96, Approving Summary and Publication) I. TOUCH OF CLASS INTERIORS, by Kate and Craig Halverson. 2nd Reading of Ordinance #14-86, Zoning District Change from the Rural District to the Office District; Approval of Developer's Agreement for Touch of Class Interiors; and Adoption of Resolution #86-132, Approving Summary of Ordinance #14-86 and Ordering Publication of Said Summary. Location: Southwest quadrant of County Roads #1 and #18. (Ordinance #14-86, Rezoning; Resolution #86-132, Approving Summary and Publication) J. HIDDEN GLEN NORTH, by Derrick Land Company. 2nd Reading of Ordinance #21-86-PUD-2-86, Zoning District Change from the Rural District to the PUD-2-86-Neighborhood-Commercial District, to the PUD-2-86-RM-6.5 District, to the PUD-2-86-R1-13.5 District and to the PUD-2-86-R1-9.5 District; Approval of Developer's Agreement for Hidden Glen North; and Adoption of Resolution #86-133, Approving Summary of Ordinance #21-86-PUD-2-86, and Ordering Publication of Said Summary. Neighborhood Commercial on 2.10 acres, Rural to RM-2.5 on 10.95 acres, Rural to R1-9.5 on 22.72 acres, Rural to R1-13.5 on 8.13 acres, into 119 lots, one outlot, and road right-of-way. Location: Southeast quadrant of Highway #101 and Townline Road. (Ordinance #21-86-PUD-2-86, Rezoning; Resolution #86-133, Approving Summary and Publication) K. FLAGSHIP ATHLETIC CLUB, by Flagship Athletic Club. 2nd Reading of Ordinance #25-86, Zoning District Change from the Rural District to the Commercial-Regional-Service District; Approval of Amendment to Developer's Agreement of the Eden Prairie Athletic Club Agreement; and Adoption of Resolution #86-134, Approving Summary of Ordinance #25-86, and Ordering Publication of Said Summary. 27.4 acres into 2 lots and 2 outlots and road right-of-way for parking lot expansion. Location: West of Prairie Center Drive at Singletree Lane. (Ordinance #25-86, Rezoning; Resolution #86-134, Approving Summary and Publication) L. BLUFFS WEST 5TH ADDITION, by the Bluffs Company. 2nd Reading of Ordinan -11M=84, Rezoning from the R1-22 District to the R1-13.5 District; Approval of Developer's Agreement for Bluffs West 5th Addition; and Adoption of Resolution #86-145, Authorizing Summary of Ordinance #106-84 and Ordering Publication of Said Summary. 14.5 acres for 29 single family lots, south of Riverview Road, along West Riverview Road. (Ordinance 106-84, Rezoning; Resolution #86-145, Authorizing Summary and Resolution) Page 1414 Page 1420 Page 1426 Page 1437 Page 1444 City Council Agenda - 3 - Tues.,June 17, 1986 M. Approve Plans & Specifications for Wyndham Knoll (South of W. Page 1450 62nd Street, East of Hwy. 101), I.C. 52-097 Phase I (Resolution No. 86-146) IV. PUBLIC HEARINGS A. CONSIDER DRAINAGE IMPROVEMENTS IN BLUFFS WEST 5TH ADDITION AND Page 1451 VICINITY I.C. 52-069 (Resolution No. 86-1117 B. CONSIDER STREET IMPROVEMENTS ON VALLEY VIEW ROAD BETWEEN CSAH 4 AND Page 1452 MITCHELL ROAD I.C. 51-272 (Resolution No. 86-142)------- C. IDLEWILD OFFICE CENTER 3RD ADDITION, by Land'Sake, Inc. Request for Page 1453 Zoning District Change from Rural to Office on 0.66 acres with Shoreland, and parking setback variances to be reviewed by the Board of Appeals, Preliminary Platting of 2.1 acre into 1 lot and 1 outlot for construction of a 14,000 square foot building. Location: West of Highway #169, north of Eden Road. (Ordinance #32-86, Rezoning; Resolution #86-135, Preliminary Plat) D. CMS REGIONAL HEADQUARTERS, by Welsh Construction Corp. Request for Page 1464 Planned Unit Development Concept Amendment Review on approximately 100 acres, Planned Unit Development District Review on approximately 23 acres with variances, Zoning District Change from Rural to 1-2 Park on 3.24 acres, and Preliminary Platting of 5.25 acres into 2 lots for construction of a 33,000 square foot building. Location: West of Executive Drive, north and east of Equitable Drive. (Resolution #86-136, PUD Concept Amendment; Ordinance #33- 86, Rezoning; Resolution #86-137, Preliminary Plat) E. REQUEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE Page 1473 AMOUNT OF-T1,175,000 FOR THE EXPANSION OF CASTLE RIDGE CARE CENTER NURSING HOME (Resolution No. 86-144)— V. PAYMENT OF CLAIMS Page 1484 VI. PETITIONS, REQUESTS & COMMUNICATIONS VII. REPORTS OF ADVISORY COMMISSIONS VIII. APPOINTMENTS IX. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Public Works 1. Bids for Water Treatment Plant Expansion, I.C. 52-072 E. Report of Director of Community Services X. NEW BUSINESS UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL FRIDAY, MAY 30, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: 5:30 PM, CITY HALL LUNCHROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, Finance Director John D. Frame, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, Chief Building Inspector Wayne Sanders, and Recording Secretary Jan Nelson ROLL CALL: All members were present. I. CALL MEETING TO ORDER Mayor Peterson called the meeting to order at 5:35 PM. II. APPROVAL OF AGENDA The following items were added to the Agenda: IV. A. Bentley - Update on Public Safety procedures for covering the community events scheduled for Sunday, June 1; IV. B. Insurance bids; IV. C. Selection process for architect for Community Center expansion; IV. D. League of Minnesota Cities Conference. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda as amended and published. Motion carried unanimously. III. DISCUSSION ON CITY HALL OPTIONS City Manager Jullie reviewed the seven options presented in his memo of May 16, 1986, regarding City Hall space needs. He noted that the estimated cost to lease of $15.00 per square foot (including taxes, maintenance and some allowance for lease- hold) should be very close to the actual cost to lease space. He also noted that, regarding option #6, a proposal had been received from a developer to build an office building and lease it back to the City. In addition to the options presented in his memo, Jullie noted the following possibilities: A. Enlisting the aid of a leasing agent to assist in locating potential lease space as well as buildings to purchase and to City Council Minutes -2- May 30, 1986 determine the costs for lease or purchase; and B. Directing the City Hall architect to look in detail at building on the Mitchell Road site and on the present City Hall site, with the idea that such building might be accomplished without the need for a referendum. Redpath asked when sewer and water would be available at the present site. Jullie said it would be two to three years, with a temporary addition to the septic system required during the interim. Redpath then asked what effect the proposed construc- tion of Hwy #212 would have on the Mitchell Road site. Jullie said that the City will lose the fire facility and part of the maintenance garage, but noted that the proposed location is speculative. Redpath noted that he wasn't sure it would be beneficial to poll the referendum voters since we had received instruction and guidance from the results of the referendum. Anderson said that he had called members of the Referendum Committee and had determined that they believe the referendum was too hurried, that we should hire a consultant to find out what the voters will vote for, and that we should try to determine more closely why it failed. A discussion followed regarding the direction that was given by the referendum vote. Bentley noted that he felt the site selected was the best site but that he felt the people in the community did not understand why that site was selected nor what was going on in general. He also said he believed that there was not enough time spent planning the building itself as to size, layout, and other con- siderations. Peterson asked if the Council would consider moving only part of the staff to another location (option #2). Anderson said the possibility of adding the new type of portable unit, such as those manufactured by Gelco,that meets code requirements could be a solution to retaining the present building without split- ting up the staff. Discussion of the options provided by the portaspace units followed. Redpath expressed his concern about the fire hazards in the current building. Peterson asked Jullie to elaborate on the proposal from the builder to build an office building to our specifications (option #6). Jullie said that the builder would purchase some property, possibly on the site already selected, would build the office building, and then would lease part of the building to the City. Jullie noted that there were concerns that this proposal had been, in effect, voted down. Bentley noted that it would no longer be tax-free land. Jullie ex- plained the possible financing option of lease-purchase, a City Council Minutes -3- May 30, 1986 bond issue that would be tax exempt. He said this is a process that would avoid the need for a referendum. Pidcock noted that she thought a time limit should be set on any temporary arrangements and that the main objective should be to build a building. Peterson noted his concern about building on the current site in terms of the "spot zoning" concept, and that building a larger City Hall complex here would encourage office or com- mercial building in the immediate area. Anderson said that he is in favor of holding another referendum in the spring, thus providing time to develop plans for the building and the site before the vote occurs. Jullie noted that building a smaller scale building of about 25,000 square feet at the current site or on the Mitchell Road site would probably serve the needs of the City for about five years, and that the cost could probably be absorbed in the budget without requiring a referendum. Pidcock asked if such a build- ing could be added onto. Jullie said the architects could look into that. Anderson expressed his concern about considering building on the current site because of the issue of "spot zoning". Jullie noted that the School District is considering a location near here as an elementary school site, and that a neighborhood park area with athletic fields could be developed, thus creating a campus-like area. Bentley noted that he would like to see a leasing agent hired to pursue the possibility of leasing and to bring back the in- formation by July 1. He also said he did not think the current site should be considered as a building site so that would leave the Mitchell Road site for consideration. He said that, in the meantime, we should look into moving the entire staff out of the building into leased space while we pursue the issue of getting a permanent building built, whether by referendum or some other means. MOTION: Bentley moved, seconded by Redpath, to direct staff to hire a leasing agent to report back through staff by the first Council meeting in July with information on leasing one building with space enough for the entire staff and with Council chambers, to have the City architect look at the Mitchell Road site for future construction and come back to the Council with a plan to accomplish construction at that site that would be compatible with the existing Police Station, to exclude the current City '" City Council Minutes -4- May 30, 1986 Hall site from further consideration as a building site, and to redirect staff to assist in forming a Facility Committee that would recommend possible uses for the existing City Hall building. Motion carried unanimously. Speaking from the audience, Dick Feerick noted that he approved the choice of the Mitchell Road site and said he believed the referendum should be scheduled for this October. Marcia Lock- man noted that she felt many residents are concerned about high taxes and that it would be better to consider one issue at a time. James Ranow expressed his disappointment that the current site was eliminated from consideration. Planning Director Enger noted that, while there are a lot of alternatives, staff could probably put up with poor conditions if a decision were made within a short period of time so that they could at least see "light at the end of the tunnel." IV NEW BUSINESS A. Bentley - Update on Public Safety procedures for covering the community events scheduled for Sunday, June 1. City Manager Jullie noted that two major events, Schooner Days and "Ring Around the Landfill", are scheduled for Sunday, June 1, and that the Public Safety department has arranged coverage of both events. He said the Lions Club is prepared to handle the Schooner Days event in case Public Safety is called to handle the landfill event. B. Insurance Bids City Manager Jullie noted that coverage for this year will be accomplished through the League of Cities. He also said that one of our problems is the BMX track. Director of Community Services Lambert explained the prob- lems with the BMX track. He said two alternate possibilities • for coverage of the track were not acceptable. He also said that the track is closed as of Sunday and that it will prob- ably have to be demolished unless an acceptable alternative for the insurance is found. Jullie said that the general liability limits are down to $600,000 per year, with a $1,000,000 umbrella coverage including a $50,000 deductible. Bentley asked if the coverage was per incident or total. Jullie said that is the total coverage. Bentley then asked City Council Minutes -5 - May 30, 1986 if the cost was covered in the budget. Jullie said it would be very close to budget. C. Selection process for architect for Community Center expan- sion Director of Community Services Lambert noted that Council had authorized staff to develop a Request for Proposal to get an architect who would work with a committee on the Community Center expansion. He said the R.F.P. is ready and outlined the procedure to be followed. He said that by July 15th staff will recommend to the Council an archi- tectural firm and a citizens' committee of about 12-15 residents, including a representative from each of the athletic associations. He said the Committee will work with the architect on the program and preliminary design of the building. He said that there should be a drawing of the proposed building and a cost estimate available by September 15th. Peterson asked what impact the probable litigation will have on the architect's recommendations. Lambert replied that it should have no impact on the design of the addi- tion, but that the correction of the problem might impact the estimated cost of the addition since a settlement might not cover all the expense of the final solution decided upon and would then have to be included with the cost for expansion. Peterson asked if this expansion would take precedence over other athletic facilities. Lambert said it would not, that at the same time a plan for Miller Park and a softball complex would be developed. Bentley asked about the timing of a referendum on this. Lambert said that he expected to have all the information available this fall and then to take three to four months to sell it before a referendum in the spring. Pidcock asked about the process used to find an architect. Lambert said the R.F.P. will be sent to the Construction Bulletin, that responses would be reviewed and four or five selected for interviews, and that the final selection would be made from those interviewed. Peterson noted that he was not sure that this is the right timing for this issue and that he felt a determination of how to proceed on City Hall should be made before this City Council Minutes -6- May 30, 1986 process is begun. A discussion followed regarding timing and issues to be included on the referendum for the Community Center expansion. Bentley noted that he thought this issue should be put on hold until the first meeting in July so that there would be time for a decision to be made on the leasing issue for City Hall. Anderson noted that he didn't want to delay too much so that we would not be ready for a referendum in the sprin. After discussion, it was decided to delay the issue until the first Council meeting in July. D. League of Minnesota Cities Conference City Manager Jullie noted that the League of Minnesota Cities Conference is scheduled for June 17-20 and that June 17th is a Council meeting. Discussion followed regarding the need to change the Council meeting date. It was decided to wait until the June 3rd meeting to determine if rescheduling was possible. V. ADJOURNMENT MOTION: Bentley moved, seconded by Pidcock, to adjourn the meeting at 7:15 PM. Motion carried unanimously. /31 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 3, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7130 PM, SCHOOL ADMINISTRATION BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX. B. 2. Consideration of Ordinance 31-86 - Changes in Sprinkling Ban Ordinance; IX. B. 3. Part-time clerical help for Fire Division. MOTION: Anderson moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY, MAY 20, 1986 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the City Council meeting held Tuesday, May 20, 1986, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Proclamation proclaiming Friday, June 13, 1986 as "Curt Connaugnty Day in Eden Prairie' B. Approve Findings of Fact of No Significant Impact on EAW for Valley View Road Improvement project between CSAH 4 and Mitchell Road, I.C. 51-272 (Resolution No. 86-110) C. Receive petition for street and utility improvements for Riverview Roan between Concord Drive and Mooer Lane and Riverview Drive/East Riverview Drive ad)acent to Bluffs West 5th Addition, I.C. 52-101 (Resolution No. 86-111) k:r; City Council Minutes -2- June 3, 1986 D. Proposed change to retention pond at the southwest quadrant of Homeward Hills Road and Chesholm Lane E. Final Plat approval for Apple Groves 2nd Addition (North of Chicago, Milwaukee St. Paul & Pacific Railroad; south of Valley View Road) Resolution No. 86-112 F. Receive 100% petition for street and utility improvements for Hidden Glen rd Addition and authorize preparation of plans and specifications, I.C. 52-102 (Resolution No. 86- 114) G. Final Plat Lpuroval for Ho t-Roberts 2nd Addition (West end of Tectnolo Drive Resolution No. 86-115 H. Final Plat approval for D. Holand Addition (Southwest corner of Creekridge Drive & Bennett Place) Resolution No. 86-106 I. Change Order No. 1, Technology Drive, I.C. 52-101D J. HOIAND ADDITION, by David and Sharon Holand. 2nd Reading of Ordinance #20-86, Zoning District Change from Rural to R1-13.5; Approval of Developer's Agreement for Roland Addi- tion; and Adoption of Resolution #86-97, Authorizing Summary of Ordinance #20-86 and Ordering Publication of Said Summary. Five single family residential lots. Location: Southwest corner of Creekridge Drive and Bennett Plar'e. (Ordinance #20-86, Rezoning; Resolution #86-97, Authorizing Summary and Publication) K. HOYT ROBERTS ADDITION PHASE III, by Hoyt Construction. 2nd Reading of Ordinance #22-86, Zoning District Change from Rural to 1-2 Park; Approval of Developer's Agreement for Hoyt-Roberts Addition Phase II; and Adoption of Resolution #86-121, Authorizing Summary of Ordinance #22-86, and Order- ing Publication of Said Summary. Location: West of Mitchell Road on Technology Drive. (Ordinance #22-86, Rezoning; Resolution #86-121, Authorizing Summary) L. Clerk's License List M. Resolution No. 86-120, authorizing the submission and approv- al of proposed Community Development Block Grant activities for the City of Eden Prairie to Hennepin County as part of the Year XII Urban Hennepin County CDBG Program N. Approve Plans and Specifications and authorize bids to be received for Baker Road Sanitary Sewer and Watermain (north of Edenvale Boulevard), I.C. 52-094 (Resolution No. 86-118) City Council Minutes -3- June 3, 1986 0. Approve Plans and Specifications and authorize bids to be received for Valley View Road (between Mitchell Road and CSAH 4), I.C. 51-272 (Resolution No. 86-128) MOTION: Redpath moved, seconded by Anderson, to approve items A-0 on the Consent Calendar. Motion carried unani- mously. IV. PUBLIC HEARINGS A. WESTOVER WOODS by Tandem Corporation. Request for Planned Unit Development Concept Amendment Review on 98.9 acres, Planned Unit Development District Review on 15 acres with Zoning District Change from Rural to R1-9.5 on 11.9 acres with variances and Shoreland Management variances to be re- viewed by the Board of Appeals, Comprehensive Guide Plan Change from Low Density Residential and Open Space to Medium Density Residential on 15 acres and Preliminary Plat of 15 acres into 42 single family lots, 2 outlots, and road right- of-way. Location: South of Anderson Lakes Parkway and new Cumberland Roads intersection. (Resolution #86-122, PUD Concept Amendment; Ordinance #PUD-4-86-28-86, PUD District Review and Zoning District Change; Resolution #86 -123, Comprehensive Guide Plan Amendment; Resolution #86 -124, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Jim Ostenson and Dennis Marhula, representing proponent, addressed the proposal. Planning Director Enger said this request was first reviewed at the April 28th meeting of the Planning Commission at which time it was continued to the May 12th meeting to allow time for the developer to revise the proposal to comply with the Shoreland Management Ordinance, to improve the visual impact of the lots along Purgatory Creek and to mini- mize tree loss. He said that, at the May 12th meeting, the Planning Commission recommended approval of the project on a 7-0 vote, subject to the recommendations of the Staff Report dated May 9th and revised plans dated May 8th. Director of Community Services Lambert said that the Parks, Recreation & Natural Resources Commission reviewed this pro- posal at their May 19th meeting and recommended approval per the recommendations of the Planning Staff. City Council Minutes -4- June 3, 1986 Bentley asked Enger to clarify whether proponent was re- questing a 13.5 zoning on the strip of lots nearest the creek since this was not mentioned in the Agenda or the Memorandum. Enger replied that this was an oversight, that the original request was for 9.5 zoning but that it was changed to 13.5 for the strip of lots along the creek on recommendation of the Planning Staff. He noted that this item was published correctly, with the notices and publica- tions stating the request for 13.5 zoning. Anderson asked Lambert what the plans are for developing a trail along the creek corridor in that area. Lambert re- plied that the trail along the creek is on a different par- cel of land that is owned by Tipton Corp., and that an appraisal of the strip had been put on hold because the School District is in the process of acquiring the entire site for a middle school and they have agreed to allow a trail to be built. A discussion of the topography in the area and the access available to trails along the creek valley followed. Anderson noted that he thought we make it difficult for people to use public lands when access is limited and resi- dents must walk a long distance to get into an area. Lam- bert responded that there is a trail along Anderson Lakes Parkway as well as one that comes down onto the creek corri- dor, and that Cumberland Road, the main street through Westover, has concrete sidewalks on both sides. Enger noted that the current plan is not as shown in the drawings distributed to Council and that the current plan reflects the change to allow a 150 foot set-back. Marhula pointed out the location of the trail and sidewalk system on the current drawings of the project. Anderson expressed his concern that there is no access to the creek corridor or Staring Lake from the Centex develop- ment to the south. Redpath noted that a sewer easement exists in that area and might be developed as a trail access. Pidcock said that she believed trail access must be planned during the development stage rather than after the houses are built. Peterson noted that he believed it is a question of advisability as well as feasibility in this case where access from this project would require a stairway down to the creek valley. Anderson reiterated his concern that it is essential to provide accessibility to parks and the trail system and City Council Minutes -5 - June 3, 1986 that plans for parks and schools must make it easy for people to get to them. A discussion of the issue of accessibility followed. Todd Walker, 8926 Pine Bluff Court, expressed his concern that the land along the creek and Staring Lake cannot be accessed from within Westover. He urged the Council to pay further attention to the trail access issue. Pat Lambert, 8616 Saratoga, also commented on the lack of accessibility from the Centex development. Bentley noted that if this proposal receives first reading this evening that, as part of second reading, a plan be worked out between Staff and developers to find an access point to the creek trail from this development if at all possible. Pidcock asked what the elevation of the project is. Osten- son responded that it is 50 feet above the creek. Anderson stated that he believed we have been caught in a bind as far as access for the Centex residents is concerned. He said that if it is possible to develop the existing road or sewer easement in the area of the Centex development, then we should do it. Bentley noted that the issue appears to be whether we are to put a trail down through the easement, which is not technically part of this project, or to put it down the slope to the creek from some point in the project. He also noted that he was not in favor of putting the trail down the slope to the creek. Pidcock asked about the size of the set-backs on the lots. Enger described the set-backs. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 86-122 for POD Concept Amendment. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt First Reading of Ordinance #PUD-4-86-28-86 for POD District Review and Zoning District Change from Rural to R1-9.5 and R1-13.5. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 86-123, approving the Comprehensive Guide Plan Amendment. Motion carried unanimously. City Council Minutes -6 - June 3, 1986 MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-124, approving the Preliminary Plat of Westover Woods for Tandem Corporation. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement incorporating recommendations of the Planning Commission and Staff. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to pursue the feasibility of developing a trail down the sewer easement per the previous discussion and to report back within one month. Motion carried unanimously. B. ANDERSON LAKES CENTER by Anderson Lakes Center Partnership. Request for Zoning District Change from Rural to Neighborhood Commercial on 4.3 acres with variances to be reviewed by the Board of Appeals and Preliminary Plat of 15 acres into 3 lots and 2 outlots for construction of a commercial cen- ter. Location: Northwest corner of Highway #169 and Anderson Lakes Parkway. (Ordinance #30-86, Rezoning from Rural to Neighborhood Commercial; Resolution #86-125, Preliminary Plat) City Manager Jullie stated that notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Don Brauer, speaking for proponent, addressed the proposal. Planning Director Enger said that this project was reviewed at the April 28th and May 12th meetings of the Planning Commission. He referred to the Staff Reports dated April 25 and May 9, 1986 and said that, at the April 28th meeting, the Commission continued the item to allow time to resolve the issues of orientation of the fast-food restaurant to the site, greenspace interior to the project and landscape screening. He said that the Planning Commission then voted to recommend approval on a 7-0 vote at its May 12th meeting per the revised plans and recommendations of Staff. Director of Community Services Lambert said that this item was reviewed at the Parks, Recreation & Natural Resources Commission at its May 19th meeting, at which time they recom- mended approval per recommendations of the Planning Commission and Staff. Pidcock asked if the project still included a gas station. Brauer said there was no service station in the project. 1;37d City Council Minutes -7- June 3, 1986 There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and adopt 1st Reading of Ordinance No. 30-86 for rezoning from Rural to Neighborhood Commercial. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 86-125 approving the Preliminary Plat of Anderson Lakes Center for Anderson Lakes Center Partnership. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement incorporating the recom- mendations of the Planning Commission and Staff. Motion carried unanimously. Brauer then asked the Council for issuance of a grading per- mit prior to the 2nd Reading. Enger noted it could be as long as six weeks for 2nd Reading to be scheduled. A dis- cussion followed as to how much grading was involved. MOTION: Redpath moved, seconded by Bentley, to approve the request from Anderson Lakes Center for preliminary grading with the understanding that they proceed at their own risk should the 2nd Reading not be approved. Motion carried unani- mously. C. WILLIAMS MINI-STORAGE by Finn Daniels, Inc. Request for Comprehensive Guide Plan Amendment from Low Density Resi- dential to Industrial on 3.4 acres, Zoning District Change from Rural to 1-2 Park on 4.1 acres, and Preliminary Plat of 45.28 acres into one lot and one outlot. Location: East of Highway #169, South of Darnell Road. Mayor Peterson noted that a letter had been received from the proponents requesting withdrawal of the application for rezoning and Comprehensive Guide Plan Amendment. MOTION: Pidcock moved, seconded by Anderson, to acknowledge withdrawal of the request by Williams Mini-Storage. Motion carried unanimously. D. VACATION OF UTILITY EASEMENTS ON LOT 10, BLOCK 1, CITY WEST (Resolution No. 86-116) City Manager Jullie stated that notice of this Public Hearing had been published and posted. City Council Minutes -8- June 3, 1986 There were no comments from the audience. MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No. 86-116 for Vacation of Utility Easements on Lot 10, Block 1, City West. Motion carried unanimously. E. VACATION OF A PORTION OF TECHNOLOGY DRIVE ADJACENT TO HOYT- ROBERTS 2ND ADDITION (Resolution No. 86-117) City Manager Jullie stated that notice of this Public Hear- ing had been published and posted. There were no comments from the audience. MOTION: Redpath moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No. 86-117 for Vacation of Right-of-Way and Drainage and Utility Easements in Hoyt- Roberts Addition. Motion carried unanimously. F. FEASIBILITY REPORT FOR SANITARY SEWER AND WATERMAIN IMPROVE- MENTS IN BAKER ROAD NORTH OF EDENVALE BOULEVARD, I.C. 52-094 (Resolution No. 86-113) City Manager Jullie stated notice of this Public Hearing had been published and posted. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and adopt Resolution No. 86-113 ordering im- provements and preparation of plans and specifications for Baker Road Sanitary Sewer and Watermain (north of Edenvale Boulevard), I.C. 52-094. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 27397 - 27700 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 27397 - 27700. Roll call vote: Anderson, Bentley, Pidcock, Redpath and Peterson voted "aye". Motion carried unanimously. VI. PETITIONS, REQUESTS & COMMUNICATIONS A. EMMA COVE ADDITION by Robert R. C,?rsbach. Request for Pre- liminary Plat of 5.7 acres into eight single lots and one outlot. Location: South of Baywood Lane, West of County Road #4, north and east of Duck Lake. (Resolution #86-126, Preliminary Plat) City Council Minutes -9- June 3, 1986 Planning Director Enger briefly reviewed the proposal, noted that the Planning Commission had reviewed this item at its May 12, 1986 meeting, and stated that owners of the surrounding properties had been notified prior to the meet- ing of the Planning Commission. He said that, at the May 12th meeting, the Commission recommended approval of the request for Preliminary Plat on a 7-0 vote, per the recom- mendations of the Staff Report of May 9th. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 86-126, approving the Preliminary Plat of Emma Cove Addition for Robert R. Gersbach. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to direct Staff to prepare a Developer's Agreement incorporating recommendations of the Planning Commission and Staff. B. WESTWOOD INDUSTRIAL PARK by Hoyt Development, Inc. Request for Preliminary Plat of 4.58 acres into two lots with vari- ances to be reviewed by the Board of Appeals. Location: West of Bury Drive, east of Carlson Drive. (Resolution #86- 127, Preliminary Plat) Planning Director Enger noted that the project is already properly zoned and that the Planning Commission recommended approval of the project at its May 27, 1986 meeting, with the stipulation that the granting of a variance for the project be contingent upon relocating 8,000 square feet of greenspace required by ordinance to another location on the site and other recommendations in the Staff Report of May 23, 1986. He said that the proponent had been contesting the stipulation regarding the greenspace requirement but that, at a meeting this afternoon, proponent presented re- vised plans that met the approval of Staff. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 86-127 approving the Preliminary Plat of Westwood Industrial Park for Hoyt Development, Inc. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare an amendment to the Developer's Agreement incor- porating the recommendations of the Staff. Motion carried unanimously. VII. REPORTS OF ADVISORY COMMISSIONS There were no reports. City Council Minutes -10- June 3, 1986 VIII. APPOINTMENTS There were none. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members There were no reports. B. Report of City Manager 1. Status of MUSA Line Amendment Planning Director Enger referred to his memo of May 29th to the Council explaining the background of this item and his request for authorization to submit a letter to the Metropolitan Council staff withdrawing the 169- acre amendment request. He noted that correspondence from Sandra Gardebring, Chair of the Met Council, in- dicated their position that the request is in violation of the spirit of the Lake Ann Interceptor agreement. MOTION: Bentley moved, seconded by Pidcock, to author- ize Planning Director Enger to submit the letter to the Metropolitan Council requesting withdrawal of the MUSA Line Amendment request. Motion carried unanimously. 2. Consideration of Ordinance 31-86 - Changes in Sprinkling Ban Ordinance City Manager Jullie noted the change to the odd or even numbered address system for the regulation of sprinkling rather than the old method of north or south of Hwy #5. MOTION: Bentley moved, seconded by Redpath, to adopt 1st Reading of Ordinance No. 31-86 amending City Code Section 3.30, Subd. 6, Para. B., and adopting by refer- ence City Code Chapter 1 and Section 3.99, which, among other things, contain penalty provisions. Motion car- ried unanimously. Peterson asked if there was any noticeable effect of the ordinance application on Saturday. Dietz said there was not but that the temperature drop helped to ease the situation. Peterson then asked if the ban was still in effect. Dietz replied that it would remain in effect all summer. Bentley expressed his concern that some members of the Fire Department were not aware of a potential water problem on Saturday. City Council Minutes -11- June 3, 1986 3. Part-time clerical help for Fire Division City Manager Jullie noted that, due to a substantial increase in the paperwork since the referendum, there is a need for more clerical help. He asked the Council to authorize the hiring of a part-time fire clerk for about 25 hours per week to help with the increased paper- work and to assist the Fire Marshall. Bentley asked if this position would be part of the ad- ministrative aspect of the bond issue or part of the general fund. Jullie replied that the position will be part of the staffing request for the 1987 budget and thus would be part of the general fund. Peterson asked if the person hired could work out of Public Safety so that some work could also be done for that department. Jullie said it could be looked into. Bentley said he felt the position should be a temporary one to get through the extra paperwork created by the referendum and that it should be paid for out of the ad- ministrative end of the bond issue. He said that if someone is then necessary on a permanent basis he thought we would then need more justification and that it should come through the regular budgetary process. MOTION: Bentley moved, seconded by Redpath, to author- ize the request for part-time clerical help for the Fire Division on a temporary basis during the bond issue and construction phase with the funding to be from the admin- istrative portion of the bond issue, and with the stipu- lation that the position be sunsetted with the completion of the building phase; further, that if additional staff is required after that time, the request would have to come through the regular budgetary process. Motion car- ried unanimously. C. Report of City Attorney City Attorney Pauly stated that the lawsuit against Woodlake has been continued until the latter part of August, despite our opposition to the continuance. He also reported on the request for a variance from the E.I.S. requirements that has been made by Woodlake to the E.Q.B. and the question of the E.I.S. relative to the transfer sta- tion. He reviewed the meetings scheduled in June to consider the two issues and said that we will appear before the appro- priate committees and the Metropolitan Council. City Council Minutes -12- June 3, 1986 City Manager Jullie commented on today's action of the County Board in approving the resolution reviewing the in- terim expansion of the landfill. He said that their action was not approving the expansion, but that it was okay for the P.C.A. to issue that permit. D. Report of Director of Community Services 1. Metropolitan Council Agreement Director of Community Services Lambert reviewed his memo of May 28, 1986, regarding the Metropolitan Council Audit on Bryant Lake and Anderson Lakes Contracts and the proposed agreement resolving the issue. He said he believed that the agreement negotiated by the City and the Met Council to resolve the park grant differ- ences is a very good deal for Eden Prairie. MOTION: Bentley moved, seconded by Anderson, to approve the Agreement Resolving Park Grant Audit Differences between The Metropolitan Council and the City of Eden Prairie. Motion carried unanimously. 2. Senior Transportation Program Director of Community Services Lambert said that, be- cause of the increased awareness of our liability situa- tion in different areas, the City should take the steps necessary to receive the certificate of compliance re- quired of all providers of special transportation serv- ices. He referred to the memo of May 29, 1986 from Sandra Werts reviewing the process necessary for receiv- ing the certificate of compliance. He said they are proposing that all drivers of the senior van be certi- fied as of August 6th as outlined in the memo. MOTION: Anderson moved, seconded by Bentley, to approve the actions recommended by Staff in order to receive a certificate of compliance, including the requirement that drivers of the van complete the Passenger Assistance and First Aid class, the cost for which will be paid by the City. Motion carried unanimously. Anderson asked if all drivers of the van would be re- quired to have a Class B license. Lambert said no, because the Class B license is required if the van holds more than nine passengers and ours holds only nine. Redpath asked if PROP could handle the problem. Peterson noted that the van is a City-owned vehicle. A discussion of liability and insurance coverage while driving private vehicles to transport seniors followed. City Council Minutes -13- June 3, 1986 Pidcock asked if the van is considered the Community Services van or the senior van. Lambert replied that it is actually the City van. Pidcock then asked who uses the van when the seniors are not using it. Lambert responded that the van is not used most of the remainder of the time; but that he is in the process of discussing with Gerry Beckman its possible use by PROP. Pidcock noted that she would like information and cost figures back regarding use of the van more often than three days a week. Peterson suggested that Lambert notify Pidcock of further discussion with Gerry Beckman or of other possible uses of the van. X. NEW BUSINESS There was none. XI. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 9:30 PM. Motion carried unanimously. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 31-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 3.30, SUM. 6, PARA. B., AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 3.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: B. During the existence of a state of water emergency the City Manager may by order, (1) prohibit any sprinkling, irrigation or other utilization of water from the City's municipal water system for lawn, grass or turf (HEREAFTER REFERRED TO AS IRRIGATION), or (2) prohibit sprinkling, irrigation or other utilization cf %later from thc City's municipal ...rater system for lawn, grass or turf situated noFth—of---- Bli--13€11+-813 afie ON ALTERNATING DAYS. PROPERTIES 111TH All ODD-NUMBERED ADDRESS WOULD BE PERMITTED TO IRRIGATE ON ODD-NUMBERED CALENDAR DAYS, WHILE PROPERTIES lifITH AN EVEN-NUMBERED ADDRESS WOULD BE PERMITTED TO IRRIGATE ON EVEN- NUMBERED CALENDAR DAYS. NEWLY SEEDED OR SODDED LAWNS SHALL BE EXEMPT FROM THESE PROVISIONS FOR A PERIOD OF 30 DAYS AFTER INSTALLATION. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on June 3, 1986, and finally read and adopted and ordered published at a regular meet ing of the City Council of said City of the 17th day of June, 1986. ATTEST: John D. Frane, City Clerk tary I). Peterson, Mayor dav nf lciflfi /392 PUBLISHED in the Eden Prairie News on the CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-138 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the following improvement: I.C. 52-098, PCB Transformer Removal and Replacement bids were received, opened and tabulated according to law. Those bids received are shown on the attached Summary of Bids; and WHEREAS, the City Engineer recommends award of Contract to Egan McKay Electrical Contractors as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The Mayor and City Manager are hereby authorized and directed to enter into a Contract with Egan McKay Electrical Contractors in the name of the City of Eden Prairie in the amount of $28,888.00 in accordance with the plans and specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie City Council on June 17, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk TO: THROUGH: FROM: DATE: SUBJECT: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works Rodney W. Rue, Design Engineer) June 11, 1986 Summary of Bids for Improvement Contract 52-098 (PCB Transformer Removal and Replacement) Sealed bids were received at 10:00 A.M. on Friday, June 6, 1986, for the above referenced improvement. Three bids were received and are tabulated as follows: Bidder Egan McKay Electrical Cont. Peoples Electrical Cont. Design Electric Bid Security Total Bid Amount $28,888.00 00,840.00 $32,277.00 5% 5% 5% Estimate $35,000.00 The contract bid price is approximately 17% below our estimate. Recommend award of Improvement Contract 52-098 to Egan McKay Electrical Contractors in the amount of $28,888.00. RWR:sg CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-139 A RESOLUTION APPROVING FINAL PLAT OF PRIMELAND 4TH ADDITION WHEREAS, the plat of Primeland 4th Addition has been submitted i n a m a n n e r required for platting land under the Eden Prairie Ordinance Cod e a n d u n d e r Chapter 462 of the Minnesota Statutes and all proceedings have b e e n d u l y h a d thereunder, and WHEREAS, said plat is in all respects consistent with the City p l a n a n d t h e regulations and requirements of the laws of the State of Mi n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C I T Y O F E D E N PRAIRIE: A. Plat approval request for Primeland 4th Addition is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 9, 1986. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on June 17, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HISTORY: VARIANCES: ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jul lie, City Manager Eugene A. Dietz, Director of Public Works Jeff Johnson June 9, 1986 PRIMELAND 4TH ADDITION (A.K.A. Signature II Office Building) Prime Development Corporation has requested City Council approval of the final plat of Primeland 4th Addition, a replat of Outlot B Primeland 3rd Addition. The site contains 6.62 acres and is located within the City West area in the North 1/2 of Section 1. The preliminary plat was approved by the City Council December 3, 1985, per Resolution 85-271. The Developer's Agreement referred to within this report was executed January 2, 1986. Zoning to office was finally read and approved by the City Council January 7, 1986, per Ordinance 44-85. All variance requests must be processed through the Board of Appeal s. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: UTILITIES & STREETS: Utilities and streets not lying within a public easement will be owned and maintained by the Owner's Association. The maintenance responsibilities for the utilities and streets are covered in the Declaration of Covenants, Conditions, Easements and Restrictions for City West dated October 27, 1983, and recorded at Hennepin County. Additional requirements for the installation of utilities and streets are covered in the Developer' s Agreement. The Developer has agreed to provide the City with easements covering the trunk water and storm sewer running through the plat to serve adjacent parcels. Page 2 Final Plat Primeland 4th Addition 6/9/86 PARK DEDICATION: Park dedication shall conform to City Code requirements. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Primeland 4th Addition subject to the requirements of this report, the Developer's Agreement and the following: I. Receipt of engineering fee in the amount of $250. JJ:sg cc: Pat Hagen, MRTT Joint Venture CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-140 A RESOLUTION APPROVING FINAL PLAT OF HIDDEN GLEN NORTH WHEREAS, the plat of Hidden Glen North has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Hidden Glen North is approved upon compliance with the recommendation of the City Engineer's report on this plat dated June 9, 1986. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on June 17, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: HISTORY : CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician June 9, 1986 HIDDEN GLEN NORTH The Developer, Derrick Land Company, has requested City Council approval of the final plat of Hidden Glen North located in the Southeast quadrant of Highway 101 and West 62nd Street in the North 1/2 of Section 6. The proposed plat contains a total of 99 platted lots, four outlots and road right-of-way dedication. A total of 63 lots have been zoned RI-9.5 (Lots 1-10, Block 1; Lots 10-20, Block 2; all lots within Blocks 3,4 and 6). A total of 21 lots are zoned RM 6.5 (Lots 11-22, Block 1 and Lots 1-9, Block 2). Block 5 contains 10 lots zoned RI-13.5. Lots 19 and 20, Block 6 contain 3.45 acres and are zoned Neighborhood Commercial. Outlot A contains .98 acres and is intended to be dedicated to the public to be used for the realignment of T.H. 101. Ownership of Outlots B, C and D (containing .28, .24, .07 acres respectively) will be retained by the Developer to be combined and replatted with the development of adjacent properties. The total area of this plat is 50.72 acres. The preliminary plat was approved by the City Council on May 6, 1986, per Resolution 86-80. A second reading of Ordinance PUD 2-86-21-86, rezoning the plat area to RM 6.5, RI-9.5, RI-13.5 and Neighborhood Commercial is scheduled for June 17, 1986. The Developer's Agreement referred to within this report is scheduled to be executed on June 17, 1986. VARIANCES: All variance requests, not described in the Developer's Agreement, must be processed through the Board of Appeals. 29 9 Page 2 Final Plat of Hidden Glen North UTILITIES AND STREETS: Municipal utilities and streets will be installed throughout the development in conformance with City Standards. Dell Road and the utilities contained within the right-of-way will be installed through a City Improvement Contract (I.C. 52-097). The utilities, streets and walkways, other than Dell Road within the plat, have also been petitioned for by the Developer for City installation (I.C. 52-102). A special assessment agreement covering the Dell Road improvement (I.C. 52-097) must be executed prior to release of the final plat. The street names "Lancaster Court" and "Lancaster Street" conflict with an existing name within the City. The street name "Chennault Court" conflicts with City policy requiring a distinctively different name for short cul-de-sacs. These street names must be revised to names approved by the Director of Public Works and placed on the plat prior to release. PARK DEDICATION: The requirements for park dedication are defined in the Developer's Agreement and shall conform to the City Code. A Warranty Deed, transferring the ownership of Outlot A to the City must be provided prior to release of the plat. BONDING: Bonding will conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Hidden Glen North subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $1730. 2. Receipt of street lighting fee in the amount of $15360. 3. Receipt of engineering fee in the amount of $4305. 4. Execution of Special Assessment agreement. 5. Revision of street names. 6. Receipt of Warranty Deed for Outlot A. 7. Execution of the Developer's Agreement. DLO:sg cc: Mr. Dennis Marhula, Westwood Mr. Roger Derrick, Derrick Land Co. SPECIAL ASSESSMENT AGREEMENT This is an Agreement made this day of June, 1986 between the City of Eden Prairie, Minnesota, a municipal corporation (the "City"), and David V. Holand and Sharon M. Roland, husband and wife, (hereinafter referred to as the "Owners"). A. The Owners hold title to certain real property situated in the City of Eden Prairie, County of Hennepin, State of Minnesota, which property is the subject of this Agreement (hereinafter referred to as the "Property") and is described as Lots 4 and 5, David Roland Addition, Hennepin County, Minnesota. B. The Owners desire to develop the Property in such a manner that will require the extension of Bennett Place road and certain utilities connected therewith. C. The development of the Property requires the extension of Bennett Place including grading, paving, curb and gutter and the construction of utilities including storm sewer, water main and sanitary sewer and all engineering and administrative fees associated therewith (hereinafter referred to as the "Improvements"). D. City and Owners desire to enter into an agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the property. AGREEMENTS It is hereby agreed as follows: 1. The Owners consent to the levying of assessments against the Property for the construction of the Improvements. The Owners 4)1 - Page 2 - shall dedicate the right-of-way necessary for the Improvements. The Owners agree that the Improvements will be constructed prior to commencing any construction on Lot 5, David Roland Addition. 2. The cost to be assessed against Lot 4 for the construction of the Improvements shall be $7,400.00. The cost to be assessed against Lot 5 for construction of the Improvements shall be the cost to construct a continuation of Bennett Place adjacent to the Property as a residential street, including curb and gutter and all utilities and fees referred to in paragraph D, except that Lot 5 shall be given a credit of $7,400.00 against the assessment so levied. 3. The assessments are to be levied against the Property when any portion of the Property is improved. In any event, no property dedicated or purchased for park purposes nor any parcel platted as open space shall be assessed. 4. The City's assessment records for the Property will show the assessments as "pending assessments" until levied. 5. The Owners consent to the levying of the assessments referred to in this Agreement against the Property. 6. The Owners waive notice of any assessment hearing to be held at which hearing or hearings the assessments are to be considered by the City Council and thereafter approved and levied. - Page 3 - 7. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed exceed the amount of the assessments levied against the Property. The Owners waive all rights they have by virtue of Minnesota Statutes S429.081 or otherwise challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby release the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation BY: GARY D. PETERSON Its Mayor BY: CARL J. JULLIE Its City Manager DAVID V. HOLAND SHARON M. HOLAND STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1986, by Gary D. Peterson, the Mayor and Carl J. Julie, the City Manager of the City of Eden Prairie, - Page 4 - a Minnesota Municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1986, by David V. Holand and Sharon M. Holand, husband and wife. Notary Public 0,49- Pat Solie, Licensing CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST June 17, 1986 CONTRACTOR (MULTI-FAMILY & COMM.) Donaldson Dept. Store Metro Maintenance, Inc. Quality Pools & Spa's CONTRACTOR (1 & 2 FAMILY) Bateson Builders Hastings Builders, Inc. Hopkins Masonary Cecil M. Kloss Chris Miller Homes Scott Larson Homes Kevin Moynihan Homes Parsley Builders The Carpenters Touch Terry Vogt Construction Woodsmens Contruction PLUMBING Borman Plumbing Doran Enterprises SEPTIC SYSTEM Larry's On Site Septic Systems Peddler Robert Boyde Scott (Books) These licenses have been approved by the department heads responsible for the licensed activity. IOC Mount Curve Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 25-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTE R 1 A N D S E C T I O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAI N S : Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A a t t a c h e d h e r e t o a n d m a d e 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 RM-6.5 D i s t r i c t . Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be in c l u d e d h e r e a f t e r i n t h e RM-6.5 District, and the legal descriptions of land in each D i s t r i c t r e f e r r e d t o i n City Code, Section 11.03, Subdivision 1, Subparagraph B, sha l l b e , a n d a r e a m e n d e d accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Pen a l t y f o r V i o l a t i o n " a n d Section 11.99, entitled "Violation a Misdemeanor" are he r e b y a d o p t e d i n t h e i r 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 June 17, 1986 , e n t e r e d i n t o b e t w e e n Mount Curve Developers, a general partnership, and the Cit y o f E d e n P r a i r i e , a n d that certain Owner's Supplement to Developer's Agreement, bet w e e n O l y m p i c H i l l s L a n d Company, a Minnesota corporation, and the City of Eden Prairie , d a t e d a s o f J u n e 1 7 , 1986, which Agreement and Owner's Supplement are hereby made a p a r t h e r e o f . 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 th e C i t y o f E d e n Prairie on the 16th day of July, 1985, and finally read an d a d o p t e d a n d o r d e r e d published at a regular meeting of the City Council of said C i t y o n t h e 1 7 t h d a y o f June, 1986. ATTEST: John -D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A LEGAL: Rezoning - That part of the East 347.9 feet as measured along the South line of the North 1235.58 feet as measured along the East line of the Northeast 1/4 of the Northwest 1/4 of said Section 25, lying South of the Southerly right-of-way of Mount Curve Road. Platting, - That part of the East 463.5 feet as measured along the South line of the North 1235.58 feet as measured along the East line of the Northeast 1/4 of the Northwest 1/4 of said Section 25, lying South of the right-of-way of Mount Curve Road. Mount Curve Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1986, by Mount Curve Developers, a Minnesota general partn e r s h i p , h e r e i n a f t e r r e f e r r e d t o a s "Developer," and the CITY OF EDEN PRAIRIE, a m u n i c i p a l c o r p o r a t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for C o m p r e h e n s i v e G u i d e P l a n Amendment from Low Density Residential to M e d i u m D e n s i t y R e s i d e n t i a l , Z o n i n g District Change from the Rural District to the R M - 6 . 5 D i s t r i c t , a n d P r e l i m i n a r y P l a t of 2.87 acres for development of nine lots for s e v e n t o w n h o u s e u n i t s , s i t u a t e d i n Hennepin County, State of Minnesota, more ful l y d e s c r i b e d i n E x h i b i t A , a t t a c h e d hereto and made a part hereof, and said acrea g e h e r e i n a f t e r r e f e r r e d t o a s " t h e property;" NOW, THEREFORE, in consideration of the City a d o p t i n g O r d i n a n c e # 2 5 - 8 5 , Developer covenants and agrees to construction u p o n , d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in con f o r m a n c e w i t h t h e materials revised and dated June 17, 1986, revie w e d a n d a p p r o v e d b y the City Council on July 16, 1985, and attached h e r e t o a s E x h i b i t 8 , subject to such changes and modifications a s p r o v i d e d h e r e i n . Developer shall not develop, construct upo n , o r m a i n t a i n t h e property in any other respect or manner than prov i d e d h e r e i n . 2. Developer covenants and agrees to the performanc e a n d o b s e r v a n c e b y Developer at such times and in such manner as p r o v i d e d t h e r e i n o f all of the terms, covenants, agreements, and cond i t i o n s s e t f o r t h i n Exhibit C, attached hereto and made a part hereof . 3. Developer agrees to be responsible for all of the c o s t s o f m a t e r i a l s to install a storm water drainage system outlet f r o m t h e l o w a r e a east of Franlo Road to the storm water dranage sy s t e m l o c a t e d a t t h e intersection of Franlo Road and Laurel Drive. T h e C i t y a g r e e s t o install the materials using City employees and equipme n t . 4. Developer agrees to notify the City and the Water s h e d D i s t r i c t a t least 48 hours in advance of any grading, or tree r e m o v a l , o n t h e property. Prior to issuance of any permit for grading upon t h e p r o p e r t y , Developer agrees to implement erosion control measu r e s a n d a d e q u a t e protective measures for areas to be preserved a n d a r e a s w h e r e grading is not to occur, and to receive City a p p r o v a l o f s a i d measures. Prior to approval by the City, the Deve l o p e r m u s t c a l l for on-site inspection of the property by the City, a n d d e f e c t s i n materials and workmanship in the implementation o f s a i d m e a s u r e s shall then be determined by the City. Defects i n m a t e r i a l s o r workmanship shall then be corrected by the Develop e r , r e i n s p e c t e d and approved by the City prior to issuance of the gr a d i n g p e r m i t b y the City. Approval of materials and workmanship ma y b e s u b j e c t t o such conditions as the City may impose at the time of a c c e p t a n c e . 5. Developer agrees to confine grading to that area o f t h e p r o p e r t y within the construction limits as shown on Exhibi t B . D e v e l o p e r shall place snow fencing at the construction lim i t s w i t h i n t h e wooded areas of the property prior to any grading upo n t h e p r o p e r t y . Prior to issuance of any grading permit, Developer s h a l l s u b m i t t o the Director of Planning and receive the Director's a p p r o v a l o f a tree inventory of those trees within the construc t i o n a r e a a n d within 25 ft. outside of the construction area, indic a t i n g t h e s i z e , type, and location of all trees twelve (12) inches i n d i a m e t e r , o r greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed o u t s i d e o f t h e construction area, Developer agrees that prior to i s s u a n c e o f a n y building permit for the property, Developer shall s u b m i t t o t h e Director of Planning, and receive the Director's a p p r o v a l o f a replacement plan for all trees removed, damage d , o r d e s t r o y e d outside of the construction area. Developer furt h e r a g r e e s t h a t said trees shall be replaced by similar tree specie s a n d t h a t t h e trees used for replacement shall be no less than s i x i n c h e s i n diameter. The amount of trees to be replaced shall b e d e t e r m i n e d b y the Director of Planning, using a square inch per s q u a r e i n c h b a s i s , according to the area of the circle created by a cro s s s e c t i o n a l c u t through the diameter of a tree as measured 4.5 f e e t a b o v e t h e ground. If a tree replacement plan is required, Developer ag r e e s t h a t , p r i o r to issuance of any building permit, Developer shall s u b m i t a b o n d , or letter of credit, guaranteeing completion of all t r e e r e p l a c e m e n t work as approved by the Director of Planning. Th e a m o u n t o f t h e bond, or letter of credit, shall be 150% of the app r o v e d e s t i m a t e d cost of implementation of all tree replacement work a n d s h a l l b e i n such form and contain such other provisions and t e r m s a s m a y b e required by the Director of Planning. Developer ag r e e s t o p r e p a r e and submit for approval to the Director of Plan n i n g a w r i t t e n estimate of the costs of the tree replacement work t o b e c o m p l e t e d . Upon approval by the Director of Planning, De v e l o p e r s h a l l implement, or cause to be implemented, those impr o v e m e n t s l i s t e d above in said plans, as approved by the Director of P l a n n i n g . 6. Prior to issuance of any building permit upon t h e p r o p e r t y , Developer shall submit to the City Engineer, and re c e i v e t h e C i t y Engineer's approval of plans for streets, sanitary s e w e r , w a t e r , storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall c o n s t r u c t , o r cause to be constructed, those improvements listed a b o v e i n s a i d plans, as approved by the City Engineer, in accorda n c e w i t h E x h i b i t C, attached hereto. Mount Curve Addition OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN MOUNT CURVE DEVELOPERS AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1986, by and between Olympic Hills Land Corporation, a Minnesota corporation, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #25-85 changing the zoning of the property owned by Owner from Rural to RM-6.5, as more fully described in that certain Developer's Agreement entered into as of , 1986, by and between Mount Curve Developers, and City, Owners agree with the City as follows: 1. If Mount Curve Developers fail 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 Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. OLYMPIC HILLS LAND CORPORATION By Its 14 11 Mount Curve Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-130 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 25-85 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 25-85 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of J u n e , 1986; 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. 25-85, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 25-85 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 June 17, 1986. Gary D. Peterson, Mayor ATTEST: John D. rrane, City Clerk utl- Mount Curve Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 25-85 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LA N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTI O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SEC T I O N 1 1 . 9 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 at the southwest corner of Franlo Road and Mount Curve Road, known as th e M o u n t C u r v e Addition, from the Rural District to the RM-6.5 District, subject to t h e t e r m s a n d conditions of a developer's agreement. Exhibit A, included with th i s O r d i n a n c e , gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. (A full copy of the text of this Ordinance is available from the City Cl e r k . ) 1 413 Olympic Hills 7th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-86 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, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of May 20, 1986, entered into between Olympic Hills Land Corporation, a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of April, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of May, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of It4i4 Exhibit A Legal Description Lots 18, 19, and 20, OLYMPIC HILLS 7TH ADDITION, Hennepin County, Minnesota. Olympic Hills 7th Addition SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT TO DEVELOPER'S AGREEMENT, made and entered int o a s o f t h i s day of , 1986, by and between OLYMPIC HI L L S L A N D CORPORATION, a Minnesota corporation, transferees of the proper t y a s d e s c r i b e d i n the developer's agreement between Olympic Hills Corporati o n , a Minnesota corporation, and the City of Eden Prairie, for Olympic Hills 6 t h A d d i t i o n , d a t e d July 1, 1980, and the CITY OF EDEN PRAIRIE, a municipal corp o r a t i o n , h e r e i n a f t e r referred to as "City;" WHEREAS, Olympic Hills Corporation and City made and ente r e d i n t o a Developer's Agreement, dated July 1, 1980, for Olympic Hil l s 6 t h A d d i t i o n ( t h e "Developer's Agreement") and Olympic Hills Land Corporation has s u c c e e d e d t o a l l o f the rights and interests in the lands included within Olympic H i l l s 6 t h A d d i t i o n , previously owned by Olympic Hills Corporation; and, WHEREAS, the parties desire to amend said agreement; NOW, THEREFORE, it is agreed by and between the parties thereto a s f o l l o w s : 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respect: A. Exhibit A of the Developer's Agreement, describing the prop e r t y rezoned from Rural to R1-13.5, shall be, and hereby is, amende d b y adding the following: "Lots 18, 19, and 20, OLYMPIC HILLS 7TH ADDITION, Hennepin Coun t y , Minnesota." 2. Prior to issuance of any building permit upon Lots 18, 19, or 2 0 , O L Y M P I C HILLS 7TH ADDITION, Developer and City agree to revise the Open S p a c e E s c r o w Agreement between Olympic Hills Corporation and the City of Ed e n P r a i r i e t o delete said lots as designated open space, allowing for construction of single family homes on said lots. 3. Olympic Hills Land Corporation agrees to all of the terms and conditions and accepts the obligations of the "Owner" under the Developer's Agreement, as amended and supplemented herein. iqn Olympic Hills 7th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-96 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 13-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 13-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of May, 1986; 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. 13-86, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a- body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 13-86 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 May 20, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Olympic Hills 7th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 13-86 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: Summary: This Ordinance allows rezoning of land located north of Mount Curve Road, west of Franlo Road from Rural to R1-13.5, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. (A full copy of the text of this Ordinance is available from the City Clerk.) Touch of Class Interiors CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-86 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 Office District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Office District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 17, 1986, entered into between Kate and Craig Halvorsen, husband and wife, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of April, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of June, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A ZONING DESCRIPTION The East 275 feet of the South 215 feet of the following described property: That part of the Northeast Quarter of the Northeast Quarter (NE 1/4 of NE 1/4) of Section Thirty-six (36), Township One Hundred Sixteen (116), Range Twenty-two (22), described as follows: Beginning at a point distant 460 feet South of the Northeast corner of said Section Thirty-six (36); thence West 660 feet; thence South 330 feet; thence East 660 feet; thence North 330 feet to the point of beginning. Except that part for County Road 18 Right-of-Way. Touch of Class DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by , 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 Office for 0.87 acres for use of the single family residence on the property as an office/studio for Touch of Class, an interior decorating business, 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 #14-86,• 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 , 1986, reviewed and approved by the City Council on April 15, 1986, reviewed and approved by the Board of Appeals on June 8, 1986, 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 Developer at such times and in such manner as provided therein pf all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for hook-up to sanitary sewer and water 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. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Chief Building Official, and receive the Chief Building Official's approval of, all plans for remodeling, relocation, and removal of structures on the property. Upon approval by the Chief Building Official, Developer agrees to construct, or relocate, or remove said structures, in accordance with the plans as approved by the Chief Building Official, and in accordance with any and all applicable Building and construction codes. 5. Developer agrees that, prior to any change to the plans as approved by the City, as depicted in Exhibit 8, attached hereto, Developer shall submit to the City, and receive City approval of all site plan materials for any changes proposed to the approved plans depicted in Exhibit B. The City, in its sole discretion, shall determine which site plan materials and plans shall be necessary for review of any proposed change at the time of proposal of any change by the developer. 6. Developer agrees that all signs for the use shall meet minimum City Code requirements for the property. 7. Developer agrees that all lighting for parking lot use shall be twenty feet, or less, in height, and shall be constructed with down- cast, cut-off luminars to avoid glare off the property. 8. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 9. Prior to approval of any future subdivision of the property, Developer agrees that included with any such future subdivision of the property, Developer shall provide for dedication of the necessary right-of-way for the widening of County Road #18, along the eastern boundary of the property. 10. Developer agrees that, at such time as public sanitary sewer and water are available to the property, Developer shall connect to the public utilities. Touch of Class Interiors CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-132 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 14-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 14-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of June, 1986; 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. 14-86, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 14-86 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 June 17, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Touch of Class Interiors CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-86 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: Summary: This Ordinance allows rezoning of land located in the southwest quadrant of County Road #18 and County Road #1, known as Touch of Class Interiors, from the Rural District to the Office District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. (A full copy of the text of this Ordinance is available from the City Clerk.) as Hidden Glen North CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-86-PUD-2-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FR O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 1 1 . 9 9 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 m a d e a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development 2 - 8 6 , which includes PUD-2-86-Neighborhood-Commercial, PUD-2-86-RM-6.5, PUD-2-86-R1- 9 . 5 , and PUD-2-86-R1-13.5 Districts, (hereinafter "PUD 2-86.") Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 17, 1986, entered into bet w e e n Derrick Land Company, a Minnesota corporation, and the City of Eden Prairi e , a municipal corporation, (hereinafter "Developer's Agreement"). The Develop e r ' s Agreement contains the terms and conditions of PUD 2-86, and is hereby made a p a r t hereof. Section 4. The City Council hereby makes the following findings: A. PUD 2-86 is not in conflict with the goals of the Guide Plan of the City. B. PUD 2-86 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 2-86, are justified by the design of the development described therein. D. PhD 2-86 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 i n t h e Planned Unit Development 2-86, which includes the PUD-2-86-Neighborhood-Comm e r c i a l District, the PUD-2-86-RM-6.5 District, the PUD-2-86-R1-9.5 District, and the P U D - 2 - 86-R1-13.5 District, and the legal descriptions of land in each district referr e d t o in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are am e n d e d accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of May, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of June, 1986. ATTEST: Zahn D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Page 1 of 2 NEIGHBORHOOD COMMERCIAL That part of the West 1618.1 feet of the North One-half of t h e N o r t h w e s t Quarter of Section 6, Township 116, Range 22, Hennepin Cou n t y , M i n n e s o t a , described as follows: Coamencing at the northeast corner o f s a i d W e s t 1618.1 feet of the North One-half of the Northwest Quarter; t h e n c e S o u t h , along the eastlineof said West 1618.1 feet of the North O n e - h a l f o f t h e Northwest Quarter, a distance of 50.00 feet to the point of b e g i n n i n g ; thence West, parallel with the north line of said West 161 8 . 1 f e e t o f t h e North One-half of the Northwest Quarter, a distance of 368. 0 0 f e e t ; t h e n c e South, parallel with the east line of said West 1618.1 feet o f t h e N o r t h One-half of the Northwest Quarter, a distance of 182.00 fee t ; t h e n c e s o u t h w e s t e r l y , along a tangential curve, concave to the northwest, having a c m n t r a l a n g l e of 20°-37'-35", and a radius of 775 feet for a distance of 2 7 9 f e e t ; t h e n c e easterly, not tangent to the last described curve, parallel w i t h t h e n o r t h line of said West 1618.1 feet of the North One-half of the Northwest Quarter, a distance of 410 feet, more or less, to the east line of sai d W e s t 1 6 1 8 . 1 feet of the North One-half of the Northwest Quarter; thence N o r t h , a l o n g said east line, to the point of beginning. RMI3.5 SINGLE That part of the West 1618.1 feet of the North One-half of th e N o r t h w e s t Quarter of Section 6, Township 116, Range 22, Hennepin Coun t y , M i n n e s o t a , described as follows: Commencing at the northeast corner o f s a i d W e s t 1618.1 feet of the North One-half of the Northwest Quarter; t h e n c e S o u t h , along the east line of said West 1618.1 feet of the North O n e - h a l f o f t h e Northwest Quarter, a distance of 812.00 feet to the point o f b e g i n n i n g ; thence westerly, along a non-tangential curve, concave to t h e n o r t h , h a v i n g a central angle of 56°-42'-52", and a radius of 650 feet f o r a distance of 640 feet; thence southwesterly, along a non-tangential cur v e , c o n c a v e to the southeast, having a central angle of 30°, and a radi u s o f 1 0 0 0 . 0 0 feet for a distance of 523.6 feet; thence South, tangent t o t h e l a s t d e s c r i b e d curve, a distance of 90.00 feet, more or less, to the north l i n e o f H I D D E N GLEN 2ND ADDITION; thence East, along the north line of said H I D D E N G L E N 2ND ADDITION to the east line of said West 1618.1 feet of t h e N o r t h One-half of the Northwest Quarter; thence North, along said east li n e t o t h e p o i n t of beginning. Exhibit A Page 2 of 2 RN 9.5 SINGLE That part of the West i618.1 feet of the North One-half of the Northwest Quarter of Section 6, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Cannencing at the northwest corner of HIDDOGLEN 1ST ADDITION; thence East, along the north line of said HIDDEN GLEN 1ST ADDITION, a distance of 50.00 feet to the point of beginning; thence North, parallel with the west line of the Northwest Quarter of said Section 6, a distance of 758.00 feet; thence northeasterly, along a tangential curve, concave to the southeast, having a central angle of 7°-49'-47", and a radius of 475 feet for a distance of 64.91 feet; thence southeasterly, radial to the last described curve, a distance of 167.00 feet; thence northeasterly, a distance of 60 feet, more or less, to the intersection with a line dram parallel and 465 feet south of the north line of said West 1618.1 feet of the North One-half of the Northwest Quarter; thence East, along said parallel line, a distance of 1335 feet, more or less, to the east line of said West 1618.1 feet of the North One-half of the Northwest Quarter; thence South, along said east line, a distance of 300 feet; thence westerly, along a non-tangential curve, concave to the north, having a central angle of 56°-24'-52", and a radius of 650.00 feet for a distance of 640.00 feet; thence southwesterly, along a non-tangential curve, concave to the southeast, having a radius of 1000.00 feet to the intersection with the north line of said HIDDEN GLEN 1ST ADDITION; thence West, along said north line to the point of beginning. RN 6.5 MULTIPLE That part of the West 1618.1 feet of the North One-half of the Northwest Quarter of Section 6, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Commencing at the northest corner of said West 1618.1 feet of the North One-half of the Northwest Quarter; thence South, along the east line of said West 1618.1 feet of the North One-half of the Northwest Quarter, a distance of 50.00 feet; thence West, parallel with the north line of said West 1618.1 feet of the North One-half of the Northwest Quarter, a distance of 368.00 feet; thence South, parallel with the east line of said West 1618.1 feet of the North One-half of the Northwest Quarter, a distance of 156.00 feet to the point of beginning; thence West, parallel with the north line of said West 1618.1 feet of the North One-half of the Northwest Quarter, a distance of 144.33 feet; thence North parallel with the east line of said West 1618.1 feet of the North One-half of the Northwest Quarter to a point 50.00 feet south, as measured at a right angle, from the north line of said West 1618.1 feet of the North One-half of the Northwest Quarter; thence West, parallel with the north line of said West 1618.1 feet of the North One-half of the Northwest Quarter, a distance of 577.00 feet; thence southwesterly, along a tangential curve, concave to the southeast, having a central angle of 81°-25'-13", and a radius of 475.00 feet for a distance of 675.00 feet; thence southeasterly, radial to the last described curve, a distance of 167.00 feet; thence northeast, a distance of 60 feet, more or less, to the intersection with a line drawn parallel and 465 feet south of the north line of said West 1618.1 feet of the North One-half of the Northwest Quarter; thence East, along said parallel line, a distance of 924 feet; thence northeast, along a non-tangential curve, concave to the northwest, having a central angle of 20°-37'-35", and a radius of 775 feet for a distance of 279 feet; thence North, parallel with the east line of said West 1618.1 feet of the North One-half of the Northwest Quarter to the point of beginning. 11-1";.°). Hidden Glen North PUD-DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Derrick Land Company, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development District Review of 50.2 acres for development of a neighborhood commercial area and development of a residential area for single family and multiple family residential units, and for preliminary plat of said 50.2 acres into 63 single family lots, two outlots and road right-of-way, said 50.2 acres all 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;" and, WHEREAS, for the neighborhood commercial area of the property, Developer has applied for Zoning District Change from the Rural District to the PUD-2-86- Neighborhood-Commercial District for 3.45 acres, with variances for lot size and width of street frontage for a neighborhood commercial area; and, WHEREAS, for the residential areas of the property, Developer has applied for Zoning District Change from Rural to the PUD-2-86-R1-9.5 for 15.8 acres, to P1.10- 2-86-R1-13.5 for 5.90 acres, and to the PUD-2-86-RM-6.5 for 10.95 acres, for construction of multiple family attached duplex units and single family detach6d units; NOW, THEREFORE, in consideration of the City adopting Ordinance #21-86-PUD- 2-86, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer agrees that no portion of the property shall be developed without the implementation of the extension of the Dell Road access from the south through the property. City shall issue no permits for grading, building permits, or other construction, or development on the property, until said extension of Dell Road access is under construction. 2. Developer shall develop the property in conformance with the materials revised and dated , 1986, reviewed and approved by the City Council on May 6, 1986, and attached hereto as Exhibit 8, 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. 3. 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. 4. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, 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. 5. Prior to issuance of any building permit upon the property, Developer shall submit to the Hennepin County Highway Department and the City Engineer, and receive approval from the Hennepin County Highway Department and from the City Engineer, for detailed constructions plans for a temporary intersection improvement at Dell Road, Highway #101, and Townline Road. Upon approval by the Hennepin County Highway Department and approval by the City Engineer, Developer agrees to construct, or cause to be constructed, those improvements listed above, as approved by the Hennepin County Highway Department and the City Engineer, in accordance with the requirements of Exhibit C, attached hereto. 6. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of revised plans for the neighborhood commercial portion of the property which indicate the following: A. Elimination of the right-in/right-out access onto Townline Road and moves the gas pump islands a minimum of ten feet to the west for better internal circulation. B. An overall signage plan with details for lettering of R11.3J consistent size and style. Said signage plan shall indicate Internally lit signs, which shall be individually affixed to the structure on the Neighborhood Commercial portion of the property. C. An overall lighting plan with details for free-standing lighting standards to be a maximum of 20 ft. high, with downcast, cut-off luminars. Lights located under the pump island canopy, as depicted on Exhibit 8, attached hereto, shall be recessed to minimize off-site glare. D. An overall plan for exterior building materials to be used for the Neighborhood Commercial portion of the property as described in Exhibit A, attached hereto. 7. With respect to the Neighborhood Commercial portion of the property, as described in Exhibit A, attached hereto, Developer agrees that the future use on the south neighborhood commercial lot, as depicted in Exhibit 8, attached hereto, shall be designed in order to be architecturally compatible with the use on the northern neighborhood commercial lot, including, but not limited to the use of exterior materials, shape of structure, signage, etc. The future use on the south neighborhood commercial lot shall be reviewed by the Planning Commission and approved by the City Council prior to issuance of any building permit on said south neighborhood commercial lot. Developer agrees that the plans for the future use on the south neighborhood commercial lot shall include buffering and land use transition to the south and east residential portions of the property as part of the requirement and design of the overall Planned Unit Development for the property. 8. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning, and receive the Director's approval of the following revised and additional plans for the residential portions of the property: A. A revised landscape plan for the residential portion of the property which indicates a transitional buffer between the R1-9.5 and RM-6.5 portions of the property described in Exhibit A, attached hereto, said buffer to be located in the area as depicted in Exhibit D, attached hereto and made a part hereof. B. A revised landscape plan consistent indicating the continuation of the berming, fencing, and plantings along Highway #101 and Townline Road, consistent with Phase I and Phase II of the Planned Unit Development known as Hidden Glen, located south of the property and part of the overall Planned Unit Development. C. A revised site plan indicating the addition of sidewalks and trails as depicted in Exhibit E, attached hereto and made a part hereof. D. A revised site plan indicating a 40 ft. front yard setback for all lots within the RM-6.5 area located along the south side of Barrington Drive, as depicted on Exhibit B, attached hereto. E. An overall development plan for the R1-9.5 portion of the property, as described in Exhibit A, keyed with each specific unit type, such that no two substantially similar units shall be located directly across, diagnonally across, or within two units directly adjacent to each other. Upon approval by the Director of Planning, Developer shall construct, or implement, or cause to be constructed, or implemented, those improvements listed above in said plans, as approved by the Director of Planning. 9. Developer agrees that, at least one week prior to the application for any building permit, and prior to issuance of any building permit upon RM-6.5 portion of the property, as described in Exhibit A, attached hereto, Developer agrees to submit to the Director of Planning, and receive the Director's approval of the following detailed design framework plans for construction within the RM-6.5 residential portion of the property: A. There shall be three unit types, designed in order that they are compatible in architectural styling detail to allow the unit types to be attached to each other, as depicted in Exhibit F, attached hereto, and made a part hereof. Each unit type shall be designed to allow for two possible exterior elevations. B. Shingles, trim colors, exterior materials, windows, doors, garage doors, and roof pitches and roof end treatments, shall be identical for unit types attached to each other. Exterior colors for the unit types attached to each other shall be identical, or substantially similar, in color. C. No two-unit buildings of identical housing design shall be located adjacent to, directly across from, or diagonally across from each other within the RM-6.5 portion of the property. (Different elevations of the same unit type mix shall constitute the identical housing design and shall not be allowed to be located as stated above.) D. Four different types of driveways shall be required for the RM-6.5 portion of the property, as described in Exhibit A, attached hereto. The four different types of driveways required are as depicted in Exhibit G, attached hereto, and made a part hereof. Said driveways shall be allowed in the quantities listed in said Exhibit G. I 4T6 No driveway type shall be repeated on the same side of the street more than twice in a row without a different driveway type intervening. Upon approval by the Director of Planning, Developer agrees to implement, or construct, or cause to be implemented, or constructed, those improvements and materials listed above, as approved by the Director of Planning. 10. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 11. As part of the final plat, Developer shall dedicate Outlot A to the City for purposes of right-of-way for Highway #101. Hidden Glen North CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-133 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 21-86-PUD-2-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 21-86-PUD-2-86 was adopted and ordered p u b l i s h e d a t a regular meeting of the City Council of the City of Eden Pra i r i e o n t h e 1 7 t h d a y o f June, 1986; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 21-86-PUD-2-86 , w h i c h is attached hereto, is approved, and the City Council find s t h a t said text clearly informs the public of the intent and eff e c t o f said ordinance. B. That said text shall be published once in the Eden Prairie Ne w s i n a body type no smaller than brevier or eight-point type, as def i n e d i n Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made availab l e f o r inspection by any person during regular office hours at the o f f i c e of the City Clerk and a copy of the entire text of the O r d i n a n c e shall be posted in the City Hall. D. That Ordinance No. 21-86-PUD-2-86 shall be recorded in the ord i n a n c e book, along with proof of publication required by par a g r a p h B herein, within 20 days after said publication. ADOPTED by the City Council on June 17, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Hidden Glen North Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-86-PUD-2-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINN E S O T A , R E M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AM E N D I N G T H E L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE C I T Y C O D E C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PR O V I S I O N S THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: §22111a: This Ordinance allows rezoning of land loc a t e d s o u t h o f Townline Road, east of Highway #101, known a s H i d d e n G l e n N o r t h A d d i t i o n , f r o m t h e Rural District to the PUD-2-86-Neighborhood-Co m m e r c i a l D i s t r i c t , t o t h e P U D - 2 - 8 6 - R M - 6.5 District, to the PUD-2-86-R1-9.5 District, a n d t o t h e P U D - 2 - 8 6 - R 1 - 1 3 . 5 D i s t r i c t , subject to the terms and conditions of a deve l o p e r ' s a g r e e m e n t . E x h i b i t A , i n c l u d e d with this Ordinance, gives the full legal desc r i p t i o n o f t h i s p r o p e r t y . Effective Date: This Ordinance shall take effect upon publica t i o n . ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. (A full copy of the text of this Ordinance is availa b l e f r o m t h e C i t y C l e r k . ) Flagship Athletic Club CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 25-86 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 C-Reg-Ser 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 C-Reg-Ser District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 17, 1986, entered into between William O. Naegele, an individual, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of May, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of June, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of !u,'-‘: I Exhibit A Page 1 of 2 ZONING That part of the following descr i b e d p a r c e l s o f l a n d : The North 590 feet of tne South h a l f o f t h e N o r t h w e s t Q u a r t e r of Section 14, except the South 4 0 0 f e e t o f t h e E a s t 2 0 0 f e e t thereof and except the South 5 0 f e e t o f t n e W e s t 6 7 0 f e e t o f the East 870 feet of the North 5 9 0 f e e t o f s a i d S o u t h h a l f o f tne Northwest Quarter and exc e p t t h e S o u t h 1 7 1 f e e t o f t h e North 190 feet of the East 220 f e e t o f t h e S o u t h h a l f o f t h e Northwest Quarter, all in Sectio n 1 4 , T o w n s h i p 1 1 6 N o r t h , R a n g e 22 West of the 5th Principal M e r i d i a n , H e n n e p i n C o u n t y , Minnesota. A strip of land being the Nort h 5 0 f e e t o f t h a t p a r t o f t h e South half of the Northwest Qua r t e r o f S e c t i o n 1 4 l y i n g S o u t h of the North 590 feet, except the E a s t 8 7 0 f e e t t h e r e o f , a l l i n Section 14, Township 116 Nort h , R a n g e 2 2 W e s t o f t h e 5 t h Principal Meridian, Hennepin Co u n t y , M i n n e s o t a . Which lie westerly of the west e r l y r i g h t o f w a y l i n e o f P r a i r i e Center Drive and easterly, sou t h e r l y a n d s o u t h e a s t e r l y o f t h e following described line: Commencing at the Southwest corn e r o f t h e a b o v e d e s c r i b e d l a n d ; tnence on an assumed bearing of N o r t h 8 7 d e g r e e s 5 9 m i n u t e s 0 7 seconds East, along the South li n e o f t n e a b o v e d e s c r i b e d l a n d , a distance of 400.00 feet to the p o i n t o f b e g i n n i n g o f t h e l i n e to be described; thence North 2 d e g r e e s 0 0 m i n u t e s 5 3 s e c o n d s West a distance of 132.00 feet ; t h e n c e N o r t h 8 7 d e g r e e s 5 9 minutes 07 seconds East a distan c e o f 2 4 0 . 0 0 f e e t ; t h e n c e N o r t h 44 degrees 51 minutes 25 secon d s E a s t a d i s t a n c e o f 2 6 8 . 3 8 feet, more or less, to its int e r s e c t i o n w i t h s a i d w e s t e r l y right of way line of Prairie Ce n t e r D r i v e a n d s a i d l i n e t h e r e terminating. Exhibit A Page 2 of 2 PLATTING That part of the South half of the Northwest Quarter of Section 14, Township 116, Range 22, Hennepin County, Minnesota lying South of the North 640.00 feet thereof and lying West of the centerline of Prairie Center Drive, said centerline is described as follows: Commencing at the Southwest corner of said Northwest Quarter (NW1/4) of Section 14; thence Easterly along the South line of said Northwest Quarter a distance of 1172.98 feet to the point of beginning of the centerline to be described; thence northerly 130.35 feet along a nontangential curve concave to the East having a radius of 1041.71 feet and a central angle of 7 degrees 10 minutes 11 seconds, the chord of said curve deflects 91 degrees 43 minutes 53 seconds to the left from the last described course; thence northerly, tangent to said curve, a distance of 146.85 feet; thence northerly along a tangential curve concave to the West having a radius of 1041.72 feet and a central angle of 21 degrees 48 minutes 40 seconds, more or less, to the North line of the above described property in the Northwest Quarter (NW1/4) of Section 14 and said centerline there terminating. That part of the following described parcels of land: The North 590 feet of the South half of the Northwest Quarter of Section 14, except the South 400 feet of the East 200 f-eet thereof and except the South 50 feet of the West 670 feet of the East 270 feet of the North 590 feet of said South half of the Northwest Quarter and except the South 171 feet of the North 190 feet of the East 220 feet of the South half of the Northwest Quarter, all in Section 14, Township 116 North, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota. A strip of land being the North 50 feet of that part of the South half of the Northwest Quarter of Section 14 lying South of the North 590 feet, except the East 870 feet thereof, all in Section 14, Towrship 116 North, Range 22 West of the 5th Principal Meridian, FAnnepin County, Minnesota. Which lie westerly of the westerly right of way line of Prairie Center Drive; said right of way being 60 feet either side of the centerline of prairie Center Drive described as follows: Commencing at the Northwest corner of said South half of the Northwest Quarter of Section 14; thence easterly along the North line of said South half a distance of 509.41 feet to the point of beginning of the centerline to be described; thence southeasterly deflecting to the right 36 degrees 07 minutes 56 seconds a distance of 262.03 feet; thence southerly a distance of 616.10 feet, more or less, along a tangential curve concave to the southwest having a radius of 1041.72 feet to the South line of the above described second parcel of land and there terminating. Eden Prairie Athletic Club (AKA Flagship Athletic Club) DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1986, by and between William O. Naegele, an individual, hereinafter referred to as "Owner,* of the property described i n t h e developer's agreement between Owner and the City of Eden Prairie, a mun i c i p a l corporation, hereinafter referred to as "City," for Eden Prairie Athletic C l u b , dated December 18, 1984; WHEREAS, Owner and City made and entered into a Developer's Agreement, dated December 18, 1984, for the Eden Prairie Athletic Club (the "Developer's Agr e e m e n t " ) ; and, WHEREAS, the parties desire to amend said agreement; NOW, THEREFORE, It is agreed by and between the parties thereto as follows : 1. The Developer's Agreement shall be and hereby is supplemented and amended i n the following respects: A. That property described in Exhibit A, attached hereto and made a part hereof, hereinafter referred to as "the additional property,' shall be added to the overall development of the Eden Prairie Athletic Club, and shall be subject to the terms and conditions of this agreement. Owner shall develop the additional property in conformance with the revised material dated May 6, 1986, reviewed and approved as amended by the City Council on May 20, 1986, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. B. There shall be added paragraphs 5. - 6. as follows: Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. Prior to issuance of any permit for grading u p o n t h e property, Developer agrees to implement eros i o n c o n t r o l measures and adequate protective measures for a r e a s t o b e preserved and areas where grading is not to o c c u r , a n d t o receive City approval of said measures. Prior t o a p p r o v a l by the City, the Developer must call for on-sit e i n s p e c t i o n of the property by the City, and defects in m a t e r i a l s a n d workmanship in the implementation of said me a s u r e s s h a l l then be determined by the City. Defects in m a t e r i a l s o r workmanship shall then be corrected by the D e v e l o p e r , reinspected and approved by the City prior to i s s u a n c e o f the grading permit by the City. Approval of ma t e r i a l s a n d workmanship may be subject to such conditions a s t h e C i t y may impose at the time of acceptance. 6. Developer agrees to confine grading to that a r e a o f t h e property within the construction limits as show n o n E x h i b i t B. Developer shall place snow fencing at the c o n s t r u c t i o n limits within the wooded areas toward th e s o u t h a n d southwest portions of the property prior to any g r a d i n g u p o n the property. Prior to issuance of any grading permit, Deve l o p e r s h a l l submit to the Director of Planning and r e c e i v e t h e Director's approval of a tree inventory of t h o s e t r e e s within the construction area and within 25 ft. o u t s i d e o f the construction area, indicating the size, t y p e , a n d location of all trees twelve (12) inches in di a m e t e r , o r greater, at a level 4.5 feet above ground level. " 2. Owner agrees to all of the terms and conditions a n d a c c e p t s t h e o b l i g a t i o n s of the "Owner" under the Developer's Agreement, a s a m e n d e d a n d s u p p l e m e n t e d herein. PA Flagship Athletic Club CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-134 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 25-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 25-86 was adopted and ordered p u b l i s h e d a t a r e g u l a r meeting of the City Council of the City of Eden Pra i r i e o n t h e 1 7 t h d a y o f J u n e , 1986; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L O F T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 25 - 8 6 , w h i c h i s attached hereto, is approved, and the City Council f i n d s t h a t s a i d text clearly informs the public of the intent and e f f e c t o f s a i d ordinance. B. That said text shall be published once in the Eden P r a i r i e N e w s i n a body type no smaller than brevier or eight-point typ e , a s d e f i n e d i n Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made a v a i l a b l e f o r inspection by any person during regular office hour s a t t h e o f f i c e of the City Clerk and a copy of the entire text of t h e O r d i n a n c e shall be posted in the City Hall. D. That Ordinance No. 25-86 shall be recorded in the o r d i n a n c e b o o k , along with proof of publication required by paragraph 8 herein, within 20 days after said publication. ADOPTED by the City Council on June 17, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Flagship Athletic Club CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 25-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, RE M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, O R D A I N S : _ASuinst: This Ordinance allows rezoning of land located west o f Prairie Center Drive at Singletree Lane, known as the F l a g s h i p A t h l e t i c C l u b , f r o m the Rural District to the C-Reg-Service District, s u b j e c t t o t h e t e r m s a n d conditions of a developer's agreement. Exhibit A, inc l u d e d w i t h t h i s O r d i n a n c e , gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. (A full copy of the text of this Ordinance is available f r o m t h e C i t y C l e r k . ) Bluffs West 5th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 106-84 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 R1-22 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 R1-22 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 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of June 17, 1986, entered into between , a , and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between the Bluffs Company a Minnesota corporation, and the City of Eden Prairie, dated as of June 17, 1986, 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 19th day of February, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of June, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Tract H, Registered Land Survey No. 547, except that part the r e o f e m b r a c e d i n Registered Land Survey No. 600; and, That part of the Northeast Quarter of Section 35, Township 116, R a n g e 2 2 , l y i n g Westerly of Registered Land Survey No. 547, Easterly and Norther l y o f R e g i s t e r e d Land Survey No. 600, and Southerly of the Plat of Bluffs West, Hennepin County; Minnesota; and, Tract A, Registered Land Survey No. 600; All in Hennepin County, Minnesota. Bluffs West 5th Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by , a , 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 the R1-22 District to the R1-13.5 District for approximately 14.5 acres for construction of 29 single family lots, situated in Hennepin County, State of Minnesota, MMT 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 #106-84, 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 June 17, 1986, reviewed and approved by the City Council on February 19, 1984, 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 issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, 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. lutgg 4. Developer shall notify the City and the Watershed D i s t r i c t 4 8 h o u r s prior to any grading, tree removal, or tree cuttin g o n t h e p r o p e r t y . 5. Prior to issuance of any permit for grading up o n t h e p r o p e r t y , Developer agrees to implement erosion control meas u r e s a n d a d e q u a t e protective measures for areas to be preserved a n d a r e a s w h e r e grading is not to occur, and to receive City a p p r o v a l o f s a i d measures. Prior to approval by the City, the Dev e l o p e r m u s t c a l l for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation o f s a i d m e a s u r e s shall then be determined by the City. Defects i n m a t e r i a l s o r workmanship shall then be corrected by the Develo p e r , r e i n s p e c t e d and approved by the City prior to issuance of the g r a d i n g p e r m i t b y the City. Approval of materials and workmanship m a y b e s u b j e c t t o such conditions as the City may impose at the time o f a c c e p t a n c e . 6. Developer agrees to confine grading to that area o f t h e p r o p e r t y within the construction limits as approved by t h e D i r e c t o r o f Planning. Developer shall place snow fencing at t h e c o n s t r u c t i o n limits within the wooded areas of the property p r i o r t o a n y g r a d i n g upon the property. ILO Bluffs West 5th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-145 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 106-84 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 106-84 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of June, 1986; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance Na. 106-84, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 106-84 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 June 17, 1986. - Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 1447 Bluffs West 5th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 106-84 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: LJTY1111: This Ordinance allows rezoning of land located south of Riverview Road along West and East Riverview Drives, known as Bluffs West 5th Addition, from the R1-22 District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of • 1986. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-146 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer, with the assistance of RCM, Inc., has prepared plans and specifications for the following improvements to wit: I.C. 52-097, Dell Road South of West 62nd Street & Wyndham Knoll and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 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 3 weeks, shall specify the work to be done, shall state that bids shall be received until 10:00 A.M., Friday, July 11, 1986, at City Hall after which time they will be publically 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, July 15, 1986, at the Eden Prairie School Administration Building, 8100 School Road, Eden Prairie. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid 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 June 17, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-141 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council adopted the 2nd day of May, 1986, fixed the 17th day of June, 1986, as the date for a public hearing on the following proposed improvements: I.C. 52-069, Bluffs West Vicinity Storm Sewer 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 17th day of June, 1986, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL: 1. Such improvement is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare Plans and Specifications for the making of such improvement, with the assistance of Hansen, Thorp, Pellinen and Olson, Inc., consulting engineers. ADOPTED by the Eden Prairie City Council on June 17, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 86-142 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a resolution of the City Council, adopted May 20, 1986, fixed June 17, 1986, as the date for a public hearing on the following proposed improvements: I.C. 51-272, Valley View Road Improvements between Mitchell Road and CSAH 4. WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of the Council hearing through two weekly publications of the required notice and the hearing was held and property owners heard on June 17, 1986. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement as above indicated is hereby ordered. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement, with the assistance of BRW, Inc., consulting engineers. ADOPTED by the Eden Prairie City Council on June 17, 1986. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-135 RESOLUTION APPROVING THE PRELIMINARY PLAT OF IDLEWILD OFFICE CENTER 3RD ADDITION FOR LAND'SAKE, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Idlewild Office Center 3rd Addition for Land'Sake, Inc., dated June 11, 1986, consisting of 2.1 acres into one lot and one outlot for construction of a 14,000 square foot building, 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 17th day of June, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 10 1E1 GIC dFc 3574 \REA LOCATION MAP 4 ciden ,/ / II \ /46-4 -REG STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: REQUEST: Planning Commission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning May 23, 1986 Idlewild 3rd Addition West of Highway #169, north of Eden Road LandsSake, Inc. 1. Zoning District Change from Rural to Office on 0.66 acres. 2. Preliminary Plat of 2.1 acres into one lot and one outlot. Background The Eden Prairie Comprehensive Guide Plan depicts this site as guided for Office. Surrounding areas to the south and east are guided for Regional Comercial, while the area to the west is guided for Industrial. Specific land uses ad- jacent to this tract include the Eden Prairie Convenience Center to the east, a variety of restaurant and retail uses to the south, an existing single family residence to the west, and Lake Idlewild to the north. The Idlewild 3rd Addition would be a "for lease" office building to be built on the area directly west and adjacent to the property currently under development for the Eden Prairie Convenience Center. Two parcels are being combined into one to accomodate the 14,000 square foot building. The eastern parcel, owned by Land Sake, Incorporated, was part of the original Planned Unit Development (PUD) for the Idlewild Office Center. The second parcel was owned by American Baptist Homes of the Midwest, Incorporated, and was their Idlewild 3rd Addition 2 May 23, 1986 corporate facility prior to constructing their building across Lake Idlewild. The proponent is requesting a zoning district change from rural to office on 0.66 acres with shoreland and parking setback variances to be reviewed by the Board of Appeals, and preliminary platting of 2.1 acres into one lot and one outlot. Shoreland Management Lake Idlewild is classified as a Recreational Development Water which typically requires a 200-foot setback from the Ordinary High Water Mark of the lake. Regardless of the designation of the lake classification and any required setbacks, development on this site would require variances. It is important to note that the original Lake Idlewild PUD agreement specified 30-foot structure setbacks from the lake which are different from the requirements in effect today. The primary reason for the 30-foot setback is because of the narrow nature of the site and that greater setbacks rendered much of the site undevelopable. The structure is proposed 30 feet back from Lake Idlewild or the Ordinary High Water level elevation of 853.5, which is comparable to the same setback as the Eden Prairie Convenience Center. Site Plan The site plan depicts the construction of a two-story, 14,000 square foot office building on a 1.2-acre site. The proposed Floor Area Ratio (FAR) is at 26.8% which meets the Code requirement of a 50% maximum for a two-story building. Setbacks within an office zoning district include 35 feet from the front yard and a 20-foot rear yard setback. In this case, because of the Lake Idlewild PUD, the building is setback 30 feet from Lake Idlewild. All remaining zoning requirements are being met for building placement. The proposed parking lot location is 171/2 feet from Eden Road which will require a variance from the 35-foot setback and 10 feet from each of the side yards. The applicant will be required to submit an application with the Board of Appeals for a variance prior to the second reading of the City Council. Parking For the office zoning district, the parking requirement is five spaces per 1,000 Gross Floor Area (GFA), based on a square footage of 14,000, a total of 70 parking spaces would be required. The proponent is providing 71 parking spaces on this site. In reviewing the plan, Staff has noted a number of areas within the parking lot which should be changed to provide better traffic circulation and parking efficiency :see Attachment A). Access to this site will be provided by a 25-foot drive off Eden Road directly across from the intersection at Glen Lane. The access to the site is in the appropriate location in regards to Glen Lane, and is approximately 150 feet west of the access into the Eden Prairie Convenience Center. Grading Elevations on this site range from a high point of 882 in the extreme southwest corner, to a low point adjacent to Lake Idlewild (Ordinary High Water Mark) which is 853.5. The site is gently sloping in a northerly direction towards the lake. Grading on this site could be described as fairly extensive. With a split level building, having both a lower and upper level, the lower level at an elevation of 866 would require approximately eight feet of fill, while the upper level at the 878 Idlewild 3rd Addition 3 May 23, 1986 elevation would require approximately 12 feet of fill at its maximum point. The same type of fill requirements will be required for the parking area including approximately six feet of fill for the upper level and approximately three feet of fill for the lower level. In order to allow for the development of this project, a series of two retaining walls are being proposed. The larger retaining wall, located adjacent to Lake Idlewild, measures approximately 190 feet in length and a maximum of seven feet in height. A second retaining wall is being required within the lower level parking area to allow for a change in grade elevations from the upper level to the lower level. The lower level retaining wall is proposed at a height of approximately six feet. Slopes on the site meet the requirement of a 3/1 slope with the exception of the slopes along the eastern property line which are proposed at a 21/2/1 slope. Because of this, a slope stabilization technique will be required. Due to the 17Z-foot setback from Eden Road, to allow for the parking lot, the proposed grading plan does not show any berming along the front yard to help screen parking areas. In reviewing the grading plan, Staff has determined that some berming is possible and should be explored by the proponent to maximize the berm heights along the perimeter of the site to the maximum. Because berms large enough to screen the parking areas are not possible, the landscape plan shall be revised to reflect increased mass plantings of vegetation to screen the parking areas. Landscaping The proposed landscape plan depicts a total of 84.5 caliper inches of plant material proposed for this site. Based on a building size of 14,000 square feet, a total of 44 caliper inches are required per Code. In reviewing the landscape plan, Staff looked at two areas in particular. One of the areas was along the perimeter of the site adjacent to Eden Road where, due to the lack of berming, mass plantings would be required to help screen the parking areas. Within the 17Z-foot setback adjacent to Eden Road, the proponent is proposing a number of evergreen trees either six or eight feet in height, which is a step in the right direction in terms of screening of the parking areas; however, Staff is recommending, within the grading section, that the proponent maximize the berms in this area and increase the amount, size, and proximity of the evergreen plantings within the setback. Secondly, the retaining wall adjacent to Lake Idlewild has been measured at a maximum of seven feet. The landscape plan depicts a number of lowland vegetation types including red-twig dogwood and yellow-twig dogwood, and ash and poplar trees adjacent to this retaining wall to help soften the views into the site and also to help screen the lower level parking area. The type of plant material used adjacent to the retaining wall is similar to that used at the Eden Prairie Convenience Center, and once the plant material reaches maturity, it should provide a natural view into both of the projects from Lake Idlewild and from the eight-foot pathway. Finally, the requirement for 5% planting islands within the parking lot has not been met. In making Staff recommendations within the site plan section, regarding the increase of island widths at the entrance location and possibly some plant material and berming in the two end islands, would increase the internal green space on this site. Idlewild 3rd Addition 4 May 23, 1986 Architecture The proposed building is a two-story structure, split-level, with one-story fronting on Eden Road and the two-story element facing Lake Idlewild. Primarily designed to work with the contours on the site, the building is a typical office building consisting of primary building materials including facebrick, tinted glass with aluminum frames, and metal fascia. Color and building materials should be similar to those used with the Eden Prairie Convenience Center and the American Baptist Homes building to ensure continuity within the Lake Idlewild PhD. A mechanical equipment screening plan has been submitted which will be architecturally integral with the building and is featuring anodized aluminum panel. Utilities Water and sanitary sewer are available to this site with an eight-inch water and an eight-inch sanitary sewer line located within Eden Road. The extension for these services shall be made through the parking lot and connecting to the building. Storm water drainage is in a northeasterly direction designed to sheet drain across the parking lot and collecting in a catch basin system and flowing eastward towards a 42-inch sanitary sewer pipe located along the eastern property line. Storm water discharge at this point would be into Lake Idlewild. Signage and Lightill A ground monument sign is proposed at the entrance to this site. This sign shall conform to City Code with details being reviewed prior to building permit issuance. Lighting shall be 20-foot downcast luminars. Pedestrian Systems There is an eight-foot bituminous trail located adjacent to Lake Idlewild which shall be connected to the trail proposed for the Eden Prairie Convenience Center. In addition, the proponent shall continue the existing sidewalks to the western property line and provide an appropriate connection to the sidewalk located in Glen Lane (see Attachment 8). Preliminary Plat The preliminary plat depicts the combination of outlot. The outlot will consist of the 1.44 Idlewild with the remaining 0.66 acres becoming Additions. two parcels into one lot and one acres being platted within Lake Lot 1, Block 1, Idlewild 3rd STAFF RECOMMENDATIONS Staff would recommend approval of the request of Land'Sake, Incorporated, for a Zoning District Change from Rural to Office on 0.66 acres with shoreland and parking setback variances to be reviewed by the Board of Appeals, and Preliminary Platting of 2.1 acres into one lot and one outlot for the construction of a 14,000 square foot office building, subject to plans submitted and revised May 6, 1986, and the Staff Report dated May 23, 1986, and subject to the following recommendations: Idlewild 3rd Addition 5 May 23, 1986 1. Prior to Council review, proponent shall: A. Provide for additional coniferous plantings along Eden Road to better screen the parking areas. B. Modify the grading plan to include a maximized berm height along Eden Road also to help screen parking areas. C. Modify the site plan to reflect a redesigned parking lot per Attachment A. D. Revise the site plan to reflect the continuation of the sidewalk along Eden Road to the western property line and provide the appropriate connection to the sidewalk along Glen Lane. E. Provide signage and ?Wing details. F. Provide samples of exterior building materials. 2. Prior to Final plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. 4. Concurrent with building construction, construct an eight-foot wide bituminous trail along Lake Idlewild. 5. Receive approval from the Board of Appeals for variances necessary for parking setback and shoreland setbacks. Na 25' ATTACHMENT A Pa ng Lot Reconfiguration 1B1 OFFICE BUILDING 14,000 GSF (2 STORIES( WEB LEVEL • / \ 866.0 / II LIPPER LE 1878i.0 PROPOSED 2 STORY ) OFFICE BUR I.DR4GI / ! ATTACHMENT B Sidewalk Connection tuLo Planning Commission Minutes 3 May 27, 1986 B. IDLEWILD OFFICE CENTER 3RD ADDITION, by Land'Sake, Inc. Request for Zoning District Change from Rural to Office on 0.66 acres with shoreland and parking setback variances to be reviewed by the Board of Appeals, and Preliminary Platting of 2.1 acre into 1 lot and 1 outlot for construction of a 14,000 square foot building. Location: West of Highway #169, north of Eden Road. A public hearing. Mr. Tom Heiberg, President, Land 'Sake, Inc., reviewed the proposed development with the Commission. He explained the design of the site based ILI(/1 Planning Commission Minutes 4 May 27, 1986 on the topography and the constraints of Lake Idlewild and also reviewed the architecture of the structure and proposed site circulation. Mr. Heiberg stated that proponents were requesting the 17.5 ft. front yard setback variance, consistent with the variance granted for development of the site to the east. Planner Uram reviewed the findings and recommendations of the Staff Report of May 23, 1986. Gartner asked about the control of the level of the lake. Planner Franzen stated that the Engineering Department had installed a control structure at the northwest portion of the lake. Ruebling asked if tenants had been found for this building. Mr. Heiberg responded that the lower level of the structure and about half of the upper level had been spoken for at this time. Acting Chairman Hallett asked if there were fish in this lake and if the Minnesota Department of Natural Resources had proposed stocking of the lake. Planner Franzen stated that he was unaware of any plans of the Department of Natural Resources to stock the lake with fish. Acting Chairman Hallett asked if a trail would be located around the entire perimeter of the lake. Planner Franzen responded that there would be a trail around most of the lake, but that the entire lake perimeter was not under the control of this developer. Acting Chairman Hallett stated that he felt this should be pursued in order to allow for access to this lake by the public, in particular, the employees of the Rosemount office to the west. He stated that a trail would allow access for fishing in the lake, if there were fish available. Gartner asked if Staff was satisfied that the requested Shoreland Management variances requested would not harm the quality of the lake. Planner Franzen stated that any development of the property surrounding this lake would require variance to the Shoreland Management provisions of the Code. He stated that Staff was controlling the visual impact upon the lake through site plan development proposals, and that Staff had encouraged a natural vegetative transition between the lake and any structures for each of the development proposals in this vicinity. He pointed out that the trail would be located at least two feet abouve the Normal Ordinary High Water Mark in order to allow its use by the public. Gartner asked about the impact of the development of this property on the water quality of the lake. Planner Uram stated that there were catch basins located on the property which directed run-off waters to the east. He noted that the matter of water quality would also be reviewed by the Engineering Department and the Watershed District. Also, Planner Uram stated that this development was currently under review by the Minnesota Department of Natural Resources, as required by State Statute and City Code. Mr. Heiberg stated that there had been a sedimentation device installed in the road at the time utilities were extended to service this property for purposes of controlling water quality, noting that this was a requirement of the Watershed District at the time of their review. Planning Commission Minutes 5 May 27, 1986 Mr. Heiberg added that he was aware that the lake was being fished currently by residents. Acting Chairman Hallett asked if an additional traffic signal would be required at the corner of Eden Road and Highway #169 because of the development of this property. Planner Franzen stated that a signal may be warranted eventually, but that none was required at this time. He noted that currently traffic was directed to the intersection of Singletree Lane and Highway #169, which was a signalized intersection. Mr. Heiberg noted that the driveway of this site lined up with Glen Lane, which led directly to Singletree Lane for purposes of directing traffic to the signalized intersection. Acting Chairman Hallett asked for comments and questions from meters of the audience. There were none. MOTION 1: Motion was made by Gartner, seconded by Anderson, to close the public hearing. Motion carried--5-0-0 MOTION 2: Motion was made by Gartner, seconded by Anderson, to recommend to the City Council approval of the request of Land 'Sake, Inc., for Zoning District Change from Rural to Office on 0.66 acres, with Shoreland Management and parking setback variances to be reviewed by the Board of Appeals, for construction of a 14,000 sq. ft. office building, based on plans dated May 4, 1986, subject to the recommendations of the Staff Report of May 23, 1986, with the added condition that Staff review the potential impact of run-off on the water quality of the lake and upon any fish within the lake. Motion carried--5-0-0 MOTION 3: Motion was made by Gartner, seconded by Anderson, to recommend to the City Council approval of the request of Land 'Sake, Inc., for Preliminary Plat of 2.1 acres into one lot and one outlot, for construction of a 14,000 sq. ft. office building, based on plans dated May 4, 1986, subject to the recommendations of the Staff Report dated May 23, 1986, with the added condition that Staff review the potential impact of run-off on the water quality of the lake and upon any fish within the lake. Motion carried--5-0-0 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-136 A RESOLUTION APPROVING THE CMS HEADQUARTERS PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL EDENVALE INDUSTRIAL PARK 9TH ADDITION 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 CMS Headquarters development is considered a proper amendment to the overall Edenvale Industrial Park 9th Addition Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of CMS for PUD Concept Amendment approval to the overall Edenvale Industrial Park 9th Addition Planned Unit Development Concept for the CMS Headquarters development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on June 17, 1986; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The CMS Headquarters 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 Counci ., does grant the overall Edenvale Industrial Development Concept as outlined in CMS Headquarters development. PUD Concept Amendment approval to Park 9th Addition Planned Unit the application materials for the 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated May 27, 1986. ADOPTED by the City Council of Eden Prairie this 17th day of June, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-137 RESOLUTION APPROVING THE PRELIMINARY PLAT OF CMS REGIONAL HEADQUARTERS WELSH CONSTRUCTION CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of CMS Regional Headquarters for Welsh Construction Corporation, dated May 8, 1986, consisting of 5.25 acres into two lots for construction of a 33,000 square foot building, 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 17th day of June, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Background This 5.25-acre site is part of the Edenvale Executive Park previously reviewed by the Planning Commission in December, 1984, and approved by the City Council in January, 1985. The Comprehensive Guide Plzn cur- rently designates this specific site for Industrial land uses, as are the properties to the north and east. The Comprehensive Guide Plan also designates the properties to the south and west for Office land uses. Adjacent land uses include Reynolds Printing zoned 1-2 Park to the north, and vacant property to the east, south, and west. Site Plan The site plan depicts the con- struction of a 34,429.3 square foot STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: May 23, 1986 PROJECT: CMS Regional Headquarters LOCATION: West of Executive Drive, north and east of Equitable Drive APPLICANT: Welsh Construction Corporation FEE OWNER: Equitable c/o Eden Land REQUEST: 1. Planned Unit Development Concept Amendment Review on approximately 100 acres. 2. Planned Unit Development District Review on 23 acres with variances. 3. Zoning District Change from Rural to 1-2 Park on 3.25 acres. 4. Preliminary Plat of 5.25 acres into two lots. CMS Regional Headquarters 2 May 23, 1986 office/warehouse building on Lot 2, Block 1, Edenvale Executive Center. The site contains 141,369.7 square feet, or 3.25 acres, with a 24.36 % Floor Area Ratio (FAR). The building area has been broken down into 6,617.3 square feet of office space and a warehouse area of 27,812 square feet. In addition, the proposed site plan depicts a 9,106 square foot building expansion to be located along the western building elevation. The total square footage on this site, including expansion, would be 43,535.3 square feet. Based on these figures, a 30.8% FAR has been calculated which exceeds the 30% maximum FAR allowed for a building footprint in the 1-2 zoning district. The proponent will be required to reduce the building square footage to meet this requirement. In the 1-2 zoning district, building setbacks would include a 50-foot front yard setback, 20-foot side yard setback, and a 25-foot rear yard setback. The building location as proposed meets the minimum requirements for the zoning district. Parking setbacks equal the 50-foot front yard setback with 10-foot side yard setbacks and a 5-foot rear yard setback. The parking lot meets the requirements for parking setbacks with the exception of those located along the western property line. The site plan has been designed with an access drive off Equitable Drive which shall be shared with the property to the west. Because of this common access, parking is encroaching into the common driveway. As such, parking does not have the required 10-foot setback from the property line. The preliminary plat depicts the property line running down the center of the proposed driveway and also a 20-foot easement located on Lot 1. The purpose of this easement is to provide for a 20-foot green space between the two properties, thus designed to break up the expansive parking which is expected in this area. Based on total office square footage of 6,617.3 square feet, and a warehouse size of 27,812 square feet, a total of 34 parking spaces and 14 parking spaces would be required respectively. Parking requirements are based upon five spaces per 1,000 square feet for office, and 0.5 spaces per 1,000 square feet for warehouse. Total parking required for this site would be 48 parking stalls. The proponent is providing, on the site, a total of 54 parking spaces currently being built with an additional six proof-of-parking stalls. Staff recommends that the three proof-of- parking stalls located towards the rear of the building be eliminated based on the proposed landscaping and grading plan which shows berming and plantings in this area. Access Access to this site will be provided by a 25-foot drive off Equitable Drive designed as a common driveway between lots 1 and 2. Comments made by the Fire Marshal in regards to access to the site include the radius of the first right-hand turn into the parking area not being sufficient to handle an emergency vehicle. The proponent shall revise the plans to allow for emergency vehicle access into the first parking area for service to the office portion of the project. Grading Elevations on this site range from a high point of 880 in the extreme northwest corner of the site to a low point of 870 in the southwest corner. The proposed buildings are set at an elevation of 875, which, on this site, requires a maximum land alteration of approximately eight feet of cut towards the northeast corner of the building and to approximately four feet of fill in the southwest corner adjacent to parking areas. CMS Regional Headquarters 3 May 23, 1986 In order to screen the parking areas from Equitable Drive, the proponent has implemented a seven to eight-foot berm within the front yard setback. Also, berming has been proposed adjacent to the warehouse portion of the building up to approximately ten feet, thus reducing the effective height of the building to approximately 18 feet. Berming has also been placed within the large planting area along the northern elevation of the building to a height of approximately eight feet, which used in conjunction with plantings, helps screen views into the loading areas. Two retaining walls are being proposed on-site to allow for grade changes between the adjacent properties and this property. The retaining wall in the northeast corner of. the site is approximately 65 feet in length and ranges to a high point of approximately eight feet. The proponent shall provide additional mass plantings in this area to help screen the loading dock from views from the adjacent properties. The retaining wall along the eastern property line measures approximately 110 long and ranges to a height of approximately four feet. In reviewing the plans, Staff questions the necessity of this retaining wall because of the amount of space left for sloping in this area; however, the proponent shall provide information as to why this retaining wall is necessary. Landscape Plan Based on a total of 174 caliper inches for the two-story warehouse and 21 caliper inches for the office portion of the site, a minimum of 195 caliper inches of plant materials are required for this project. A total of 198.5 caliper inches are being proposed. Staff recommends additional large caliper inch (8 min.) evergreen trees centered around high visibility areas including the loading docks and the northern retaining wall. Architecture Building elevations have been submitted for review by Staff. Primary building materials which are included on all portions of the building include facebrick, brick tiles, and glass. On the north elevation of the building where five loading docks are proposed, a rock face decorative concrete block is being used. The building has been designed as an office/warehouse building with specific design treatment including a large amount of glass located along the office portion of the building and some interesting detail work such as a recessed soldier course and brick tiles, which circle the building completely and add to the total integration of the building. The proponent shall submit building material and color samples prior to review by the City Council. A mechanical equipment screening plan has been submitted which shows a screening wall detail consisting of prefinished metal panel which shall be finished to match the canopy over the employee entrance area. Utilities Water and sanitary sewer service are available to this site by connections to services located within Equitable Drive. Storm water drainage is proposed to drain in a southerly direction through two catch basin systems located along the eastern and western property lines and discharging into an existing storm sewer also located within Equitable Drive. Lg,7 CMS Regional Headquarters 4 May 23, 1986 Signage and Lighting No signage or lighting details have been submitted at this time for review. The proponent shall submit an overall lighting plan and signage plan for review by Staff. Details shall show the consistency between this building and existing buildings within Edenvale Executive Park. Preliminary Plat The current legal description for this site is tlot A, Edenvale Executive Center consisting of 5.25 acres. The preliminary plat depicts a division of this site into two lots, -Lots I and 2, Block 1, consisting of two acres on 3.25 acres respectively. The proposed project is designed for Lot 2. The proposed subdivision meets the requirements of the zoning ordinance. STAFF RECOMMENDATIONS Staff would recommend approval of the request for a Zoning District Change from Rural to 1-.2 Park on 3.24 acres with variances to be reviewed by the Board of Appeals and a Preliminary Plat of 5.25 acres into two lots subject to plans submitted and received May 8, 1986, and the Staff Report, dated May 23, 1986, and subject to the following recommendations: 1. Pr ior to Council rev iew, proponent shall : A. Provide for additional large caliper inch (8'min.) coniferous plantings along the rear property line and islands to help screen the loading areas from adjacent veiws. B. Revise the plans showing a reduction in building expansion area designed to meet the maximum Floor Area Ratio requirement of 30%. C. Revise the plans to reflect a reconfigured radius into the first park ing Tot area to allow for emergency vehicle access. D. Provide signage and lighting details. E. Provide samples of exterior building materials. 2. Prior to Final plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Bui lding permit issuance, proponent shall : A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in advance of grading. MINUTES EDEN PRAIRIE PLANNING COMMISSION Tuesday, May 27, 1986 Special Meeting School Board Meeting Room 7:30 p.m. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Acting Chairman Robert Hallett, Rich Anderson, Christine Dodge, Virginia Gartner, Chuck Ruebling Chairman Ed Schuck, Julianne Bye. Michael D. Franzen, Senior Planner; Don Uram, Assistant Planner; Kate Karnas, Administrative Assistant Pledge of Allegiance--Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Gartner, seconded by Anderson, to adopt the agenda as printed. Motion carried--5-0-0 II. MEMBERS REPORTS None. III. MINUTES MOTION: Motion was made by Gartner, seconded by Anderson, to approve the minutes of the May 12, 1986, Planning Commission meeting as printed. Motion carried--5-0-0 IV. DEVELOPMENT PROPOSALS A. CMS REGIONAL HEADQUARTERS, by Welsh Construction Corp. Request for Planned Unit Development Concept Amendment Review on approximately 100 acres, PUD District Review on approximately 23 acres with variances, Zoning District Change from Rural to 1-2 Park on 3.24 acres, and Preliminary Platting of 5.25 acres into 2 lots for construction of a 33,000 square foot building. Location: West of Executive Drive, north and east of Equitable Drive. A public hearing. Planning Commission Minutes 2 May 27, 1986 Mr. Paul Dunn, Welsh Construction, reviewed the proposed development for a regional headquarters for the CMS company, currently located in Minneapolis. Mr. Darrell Anderson, architect for proponent, reviewed the uses proposed within the structure, noting the location of the proposed addition of 7,000 sq. ft. along the west side of the lot. Mr. Anderson also reviewed the landscape plan for the site and provided examples of the exterior building materials for the development. He pointed out that the building would be brick, glass, and tile, with the exception of the loading dock area. Mr. Anderson stated that the proponents would like to lower the height of the berms for the development from eight feet to three feet to allow the structure to be more visible from the public roads. Planner Uram reviewed the findings and recommendations of the Staff Report of May 23, 1986. Gartner asked Staff about the impact of lowering of the berms by five feet, as proposed by the developer. Planner Uram stated that the berms were necessary for the purpose of screening parking areas, and that if the proponents were able to illustrate that the parking would be screened, as required by Code, then the lowering of the berm height would not impact the site development. Ruebling asked how many employees would be located at this site. Mr. Dunn responded that there would be approximately 35 employees for this use. Dodge asked about the "second retaining wall" referred to in the Staff Report. Mr. Anderson explained that there was currently a 3-to-1 slope proposed between this property and the property to the east. He stated that, if Welsh was able to control the lot in terms of development in the future, that the lot line could be developed without the need for a retaining wall and to the benefit of both lot owners. However, since it was not currently known if Welsh would control the lot, they were not able to agree to mutually acceptable grading for the two sites. Mr. Anderson stated that it would be Welsh's intention to do so upon obtaining control of the lot to the east. Mr. Dunn stated that the question of control of the lot would be answered • within 30 days and that he intended to work with City Staff on this matter. Acting Chairman Hallett asked about screening of the project from the lot to the west. Mr. Anderson explained that the building to the west would act as a screen for this development to any other properties to the west. He noted that, while the lot to the west was part of the proposed preliminary plat with this development, no user was yet identified for the site. Acting Chairman Hallett asked if there would be screening between the two lots proposed to be created by the preliminary plat currently requested. Mr. Anderson stated that the building on the adjacent lot to the west would be oriented toward the southwest, and that the only view of the property to the east upon which the building was proposed would be of a single row of parking. Acting Chairman Hallett asked if there would be views available from the office portion of the proposed structure to Purgatory Creek. Mr. Anderson vi I Planning Commission Minutes 3 May 27, 1986 responded that there would be views to the creek until such time as another structure was built on the south side of Equitable Drive. Acting Chairman Hallett asked for comments, or questions, from members of the audience. There were none. MOTION 1: Motion was made by Gartner, seconded by Ruebling, to close the public hearing. Motion carried--5-0-0 MOTION 2: Motion was made by Gartner, seconded by Ruebling, to recommend to the City Council approval of the request of Welsh Construction for Planned Unit Development Concept Amendment of approximately 100 acres known as the Edenvale 9th Addition Planned Unit Development for the CMS Regional Headquarters, based on plans dated May 8, 1986, subject to the recommendations of the Staff Report dated May 23, 1986. Motion carried--5-0-0 MOTION 3: Motion was made by Gartner, seconded by Ruebling, to recommend to the City Council approval of the request of Welsh Construction for Planned Unit Development District Review, with variances, and Zoning District Change from Rural to 1-2 Park for 3.24 acres for the CMS Regional Headquarters, based on plans dated May 8, 1986, subject to the recommendations of the Staff Report dated May 23, 1986. Motion carried--5-0-0 MOTION 4: Motion was made by Gartner, seconded by Ruebling, to recommend to the City Council approval of the request of Welsh Construction for Preliminary Plat of 5.25 acres into two lots for the CMS Regional Headquarters, based on plans dated May 8, 1986, subject to the recommendations of the Staff Report dated May 23, 1986. Motion carried--5-0-0 To: Mayor & Council From: John D. Frane Date: June 12, 1986 Re: MIDB's Castle Ridge Care Center Nursing Home $1,175,000 Resolution 86-144 In 1982 Twin City Christian Homes received approval from the City for $2,550,000 in MIDB's for the present project located next to Castle Ridge. This bond issue provided for the possibility of a second series of bonds at a future time. The proponent plans to construct an addition of 21 "assisted care" living facilities in which residents could provide for themselves some of the services provided by a nursing home. This transaction, like the 1982 sale, is likely to be a public sale with the property as security. Owners' equity will be in the form of a $105,750 letter of credit. Resolution 86-144 is included for your consideration. CITY OF EDEN PRAIRIE, MINNESOTA Application for Industrial Development Bond Financing 1. APPLICANT: Castle Ridge Care Center, Inc. A. Business Name: Castle Ridge Care Center B. Business Address: 625 Prairie Center Drive, Eden Prairie, Minnesota 55344. C. Business Form: Non-Profit Corporation D. State of incorporation or organization: Minnesota E. Authorized Representative: Robert H. Chandler, Chandler and Mason, Ltd., 1407 Pioneer Building, P.O. Box 1527, St. Paul, MN 55101 F. Phone: (612) 228-0497 2. NAME(S) AND ADDRESSES OF MAJOR STOCKHOLDERS OR PRINCIPALS: Because this is a nonprofit corporation, there are no stockholders. The members of the Board of Directors are as follows: 1. Howard Wallin 1737 Cope Avenue East St. Paul, MN 55109 2. Phileda Nelson 7500 York Avenue South Edina, MN 55435 3. Charlotte Olson Route 2, Box 771 Isle, MN 56342 4. Warren Anderson 7500 York Avenue South Edina, MN 55435 5. Ronald Haar 7530 Market Place Drive Eden Prairie, MN 55344 3. GIVE BRIEF DESCRIPTION OF NATURE OF BUSINESS, PRINCIPAL PRODUCTS, ETC.: Castle Ridge Care Center, Inc. is a non- profit corporation which currently operates a long-term nursing care facility at 625 Prairie Center Drive, Eden Prairie, Minnesota. Currently, Castle Ridge Care Center, Inc. provides a total of 60 skilled long-term care beds. 1 f 4. DESCRIPTION OF PROJECT A. Location and intended use: The Project consists of constructing, equipping and operating a 21 Unit assisted living facility physically attached to the current long- term nursing care facility at 625 Prairie Center Drive, Eden Prairie, Minnesota. In addition, the project and Castle Ridge Care Center will be equipped with heating and cooling equipment to replace that presently used with the Castle Ridge Condominiums. B. Present ownership of project site: Castle Ridge Care Center, Inc. C. Names and addresses of architect, engineer, and general contractor: 1. The architect is Gerald E. Mundt of Jafvert Mueller and Mundt Architects Inc., 4969 Olson Memorial Highway, Golden Valley, Minnesota 55422-5130. 2. The electrical/mechanical engineers are Feig & Associates, 9740 Irving Avenue South, Bloomington, Minnesota 55431. The structural engineer is Allen Van Sickle, 4969 Olson Memorial Highway, Golden Valley, Minnesota 55422-5130. 3. The general contractor is Keller Construction, 1301 Coulee Road, Hudson, Wisconsin 54016. 5. ESTIMATED PROJECT COST FOR: Land Construction contracts Equipment acquisition and installation Architectural and Engineering Legal Interest during construction Bond reserve Contingencies Issuance costs TOTAL: 6. APPLICANT'S EQUITY IN PROJECT: -0- $ 805,000.00 $ 64,779.00 $ 74,250.00 $ 40,000.00 $ 52,650.00 $ 105,750.00 $ 20,000.00 $ 59,000.00 $1,221,429.00 Applicant will supply a letter of credit in the amount of $105,750.00. The Bonds will be secured by a mortgage on the 2 the entire Castle Ridge Care Center complex including the Project. 7. BOND ISSUE: A. Amount ot proposed bond issue: $1,175,000.00. B. Proposed date of sale of bond: July 3, 1986 C. Length of bond issue and proposed maturities: Five year notes with payments of interest only. D. Proposed original purchaser of bonds: Miller and Schroeder Financial, Inc., Northwestern Financial Center, 7900 Xerxes Avenue South, P.O. Box 789, Minneapolis, MN 55431. E. Name and address of trustee: First Trust Company, Inc., First National Bank Building, St. Paul, Minnesota 55101. F. Copy of any agreement bewteen Applicant and original purchaser: See Exhibit A attached hereto. G. Describe any interim financing sought or available: No interim financing will be sought. H. Describe nature and amount of any permanent financing in addition to bond financing: There will be no per- manent financing in addition to the bond financing. 8. BUSINESS PROFILE: A. Are you located in the City of Eden Prairie? Yes. B. Number of employees in Eden Prairie? 1. Before this Project: 70 2. After this Project: 74 C. Approximate annual revenues: $1,578,000.00 D. Length of time in business: Three years In Eden Prairie: Three years E. Do you have facilities in other locations: If so, where? Castle Ridge Care Center, Inc. is a subsidiary of Twin City Christian Homes, Inc., a Minnesota non-profit mere- 3 i bership corporation which is affiliated (through a common Board of Directors) with EdenvaIe Residence, Inc., a Minnesota non-profit membership corporation which opera- tes a senior citizen apartment building in Eden Prairie, Minnesota. F. Are you engaged in international trade: No. 9. OTHER INDUSTRIAL DEVELOPMENT PROJECT(S): A. Reference to "Applicant" includes applicant as owner, substantial user or as a related person within meaning of Section 103(b)(6) of I.R.C. List the name(s) and location(s) of other industrial development project(s) in which the Applicant is the owner or a "substantial user" of the facilities or a "related person". Edenvale Apartments, 13700 Valley View Road, Eden Prairie, MN B. List all cities in which the Applicant has requested industrial revenue development financing. Eden Prairie, Minnesota C. Detail the status of any request the Applicant has before any other city for industrial development revenue financing. None D. List any city which the Applicant has been refused industrial development revenue financing. None E. List any city (and the project name) where the Applicant has acquired preliminary approval to proceed but in which final approval authorizing the financing has been denied. None 4 F. If Applicant has been denied industrial development revenue financing in any other city as identified in (D) or (E), specify the reason(s) for the denial and the name(s) of appropriate city officials who have knowledge of the transaction. None 10. NAMES, ADDRESS, AND TELEPHONE: A. Underwriter (if public offering) 1. Name: Miller and Schroeder Financial Inc. 2. Address: Northwestern Financial Center, 7900 Xerxes Avenue South, P.O. Box 789, Minneapolis, MN 55431 3. Telephone Number: (612) 893-8936 B. Private Placement Purchaser (if private placement) It does not appear at this time that the Bonds will be sold through a private placement. NOTE: If lender will not commit until City has passed its preliminary resolution approving the project, submit a letter from proposed lender that it has an interest in the offering subject to appropriate City approval and approval of the proper state agency. C. Bond Counsel: 1. Name: Laura K. Mollet, Esq. Address: Holmes & Graven, Chartered, 2400 Northwestern Financial Center, 7900 Xerxes Avenue South, Minneapolis, MN 55431 Telephone Number: (612) 893-9400 D. 2. Corporate Counsel: Name: Robert H. Chandler, Esq. Address: Chandler and Mason, Ltd., 1407 Pioneer Building, P.O. Box 1527, St. Paul, MN 55101 Telephone Number: (612) 228-0497 5 E. Accountant: 1. Name: Richard Connolly 2. Address: Larson, Allen, Weishair & Co., 1200 Shelard Tower, 600 South County Road 18, Minneapolis, Minnesota 55426 3. Telephone Number: (612) 546-2211 11. WHAT IS YOUR TARGET DATE FOR: A. Construction start: July 7, 1986 B. Construction completion: March, 1987 FOR FURTHER INFORMATION CONTACT: Robert H. Chandler, Esq., Chandler and Mason, Ltd., 1407 Pioneer Building, P.O. Box 1527, St. Paul, Minnesota 55101, (612) 228-0497. The undersigned Applicant understands that the approval or disapproval by the City of Eden Prairie for Industrial Development or Housing bond financing does not expressly or impliedly constitute any approval, variance, or waiver of any provision or requirement relating to any zoning, building, or other rule or ordinance of the City of Eden Prairie, or any other law applicable to the property included in this project. CASTLE RIDGE CARE CENTER, INC. Dated: By fPP k A (\) L • Its rot61 3/ ai5",tr"- 6 CITY OF EDEN PRAIRIE RESOLUTION NO. g 6 -I ,15/ RESOLUTION OWING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL TO THE MINNESOTA DEPARTMENT OF ENERGY AND ECONOMIC DEVELOPMENT FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS WHEREAS, the welfare of the State of Minnesota (the "State") requires active promotion attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and it is the policy of the State to facilitate and encourage action by local government units to prevent the economic deterioration of such areas to the point where the process can be reversed only by total redevelopment through the use of local, state and federal funds derived from taxation, with the attendant necessity of relocating displaced persons and of duplicating public services in other areas; and WHEREAS, technological change has caused a shift to a significant degree In the area of opportunity for educated youth to processing, transporting, marketing, service and other industries, and unless existing and related industries are retained and new industries are developed to use the available resources of the City of Eden Prairie (the "City"), a large part of the existing investment of the community and of the State as a whole in educational and public service facilities will be lost, and the movement of talented, educated personnel of mature age to areas where their services may be effectively used and compensated and the lessening attraction of persons and businesses from other areas for purposes of Industry, commerce and tourism will deprive the City and the State of the economic and human resources needed as a base for providing governmental services and facilities for the remaining population; and WHEREAS, the increase in the amount and cost of governmental services requires the need for more intensive development and use of land to provide an adequate tax base to finance these costs; and WHEREAS, it is believed that local government units may in many cases prevent the occurrence of the conditions requiring redevelopment, and may be able to reduce substantially the cost of redevelopment when it becomes necessary; and WHEREAS, Castle Ridge Care Center, Inc., a Minnesota nonprofit corporation (the "Developer") has advised this City Council that it desires to construct, equip and furnish an addition to the existing Castle Ridge Care Center nursing home which is located in the City of Eden Prairie, which addition will consist of 21 assisted living units for the elderly (the "Project"); and WHEREAS, the existence of the Project in the City will contribute to more intensive development and use of land to increase the tax base of the City and overlapping taxing authorities and maintain and provide for an increase in -1- opportunities for employment for residents of the City, including economically disadvantaged or unemployed individuals; and WHEREAS, the City has been advised that conventional, commercial financing to pay the capital costs of the Project is available at such costs of borrowing that the Project would not be economically feasible without the availability of industrial development bond financing; and WHEREAS, this Council has been advised by the Developer that on the basis of information submitted to them and their discussions with representatives of area financial institutions and potential buyers of tax-exempt bonds, industrial development revenue bonds of the City could be issued and sold upon favorable rates and terms to finance the Project; and WHEREAS, pursuant to Minnesota Statutes, Chapter 474, the City is authorized to issue its revenue bonds to finance the cost, in whole or in part, of the acquisition, construction, reconstruction, improvement or extension of capital projects consisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Developer, and the issuance of such bonds by the City would be a substantial inducement to the Developer to construct the Project in the City; and WHEREAS, on the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its industrial development revenue bonds under the provisions of Chapter 474, in an amount presently estimated not to exceed $1,175,000 to finance the cost of the Project currently estimated to be $1,221,429. NOW, THEREFORE, BE IT RESOLVED THAT 1. The Project is hereby given preliminary approval by the City and the issuance of the revenue bonds for such purposes and in such amounts approved, subject to (a) approval of the Project by the Minnesota Department of Energy and Economic Development (")EED") and (b) an award of issuance authority from DEED pursuant to Minnesota Statutes Chapter 474A, the Minnesota Bond Allocation Act, and (c) subject to the mutual agreement of this body, the Developer and the initial purchaser of the bonds as to the details of the bonds and provisions for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance legal or equitable upon any property of the City except the Project, and the bonds, when, as, and if issued, shall recite in substance that the bonds, including interest thereon, are payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. The City hereby directs the staff of the City to seek an allocation of authority to issue private activity bonds pursuant to Minnesota Statutes, Chapter 474A. Such allocation is subject to the agreement of the parties referred to above as to the terms of the bonds. 2. It is hereby found and determined that the Project would not be undertaken but for the availability of industrial development bond financing. -2- ! 3. In accordance with Minnesota Statutes, Section 474.01, Subdivision Ta and Section 474.16, the Mayor of the City is hereby authorized and directed to submit a proposal for the Project to DEED. The Mayor and other officers, employees and agents of the City are hereby authorized to provide DEED with any preliminary information needed for this purpose, and the City Attorney is authorized to initiate and assist in the preparation of such documents as may be appropriate to the Project, if it is approved, including the preparation of any documents required by Minnesota Statutes Section 474.01 Subd. 8. 4. The law firm of Holmes & Graven, Chartered, is authorized to act as Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and bonds issued in connection therewith. The Mayor, City Attorney, and other officers, employees and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents. 5. In accordance with Minnesota Statutes, Section 474.01, Subdivision 11, the City Clerk and other officers, employees and agents of the City are hereby authorized and directed to encourage the Developer to provide employment opportunities to economically disadvantaged or unemployed individuals. Such Individuals may be identified by such mechanisms as are available to the City, including a first source agreement in which the Developer agrees to use a designated State employment office as a first source for employment recruitment, referral, and placement. 6. The Developer has agreed to pay directly or through the City any and all costs incurred by the City in connection with the Project whether or not the Project is approved by DEED, whether or not the Project is carried to completion, and whether or not the bonds or operative instruments are executed. 7. All commitments of the City expressed herein are subject to the condition that by December 31, 1986 the City and the Developer shall have agreed to mutually acceptable terms and conditions of the Loan Agreement, the bonds and of the other instruments and proceedings relating to the bonds and their issuance and sale. If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the bonds are not sold within such time, this Resolution shall expire and be of no further effect. 8. The adoption of this Resolution does not constitute a guarantee or a firm commitment that the City will issue the bonds as requested by the Developer. The City retains the right in its sole discretion to withdraw from participation and accordingly not to issue the bonds, or issue the bonds in an amount less that the amount referred to in paragraph 1 hereof, should the City at any time prior to Issuance thereof determine that it is in the best interests of the City not to issue the Bonds, or to issue the Bonds in an amount less than the amount referred to in paragraph 1 hereof, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. This Resolution and the preliminary approval of the City set forth herein are contingent upon receiving an allocation of bonding authority from the Commissioner of DEED with respect to the Project in an amount equal to or greater than the principal amount of the bonds prior to issuance and sale of the bonds. -3- Adopted by the Eden Prairie City Cowell the day of June, 1986. Gary Peterson Mayor Attest: John Franc City Clerk -4- r47 9) DISTRIBUTIONS BY FUND NUMBER 10 319855.76 11 2506.75 15 21963.15 17 22637.42 100.00 ( 51 223171.90 159987.85 52 71052.48 57 3064.28 73 39783.88 77 90071.97 81 14683.82 90 6638.64 $975517.90 JUNE 17,1986 27268 VOID OUT CHECK 27323 VOID OUT CHECK 172 AIS CONSTRUCTION EQUIPMENT CORP -CORRECTING JUNE 3 PRELIST AMT $75.00 SHOULD HAVE BEEN $55.41 504.00- 1223.60- 19.59- 27623 27701 27702 27703 27704 27705 27706 27707 27708 27709 27710 27711 27712 27713 27714 27715 27716 27717 27718 27719 27720 27721 27722 27 723 ( 24 4ii25 27726 27727 27728 27729 27730 27731 27732 27733 27734 27735 27736 27737 27738 27739 27740 27741 27742 27743 27744 27745 27746 27747 27748 47 -49 1, JO VOID OUT CHECK SCUBA OUTLET STORE NORTHWESTERN BELL TELEPHONE CO DAVID KASID UNITOG RENTAL SERVICES AT & I COMMUNICATIONS AT & T INFORMATION SYSTEMS AT & T INFORMATION SYSTEMS BRUCE BETCHER DUSTIN FOSSEY DALLAS REUTER DANIEL STOKS NORTHERN STATES POWER CO NORTHERN STATES POWER CO PETTY CASH EAGLE WINE CO ED PHILLIPS & SONS CO MARK VII SALES TWIN CITY WINE CO QUALITY WINE CO CAPITOL CITY DISTRIBUTING CO HOPKINS POSTMASTER EXPRESS MESSENGER SYSTEM VOID OUT CHECK JOSEPH K DOLEJSI TV FANFARE STILLWATER CRIME PREVENTION ANIMAL HUMANE SOCIETY REGISTER OF TITLES U S POSTMASTER HOPKINS POSTMASTER FEDERAL RESERVE BANK COMMISSIONER OF REVENUE DEPARTMENT OF EMPLOYEE RELATIONS DEPARTMENT OF EMPLOYEE RELATIONS PHYSICIANS HEALTH PLAN OF MN GROUP HEALTH PLAN INC MEDCENTERS HEALTH PLAN INC ICHA RETIREMENT GROUP MINNESOTA STATE RETIREMENT SYSTEM PETTY CASH GREAT WEST LIFE ASSURANCE CO PERA CITY-COUNTY CREDIT UNION MINNESOTA GAS CO MINNESOTA GAS CO BARRY & SEWALL VOID OUT CHECK SUPPLEES 7 HI ENTER INC TWIN CITY WINE CO EAGLE WINE CO 47.00- 397.80 17.86 275.00 1223.60 4.67 35.49 1663.50 5.00 7.50 5.00 23.30 14284.16 1322.65 58.71 4939.22 5637.10 139.50 4668.08 1934.82 340.04 5000.00 13.50 0.00 100.00 327.60 40.00 500.00 10.00 830.00 423.50 23133.39 9823.17 18253.38 80.78 13620.44 2286.95 6973.10 2138.00 10.00 20.00 5073.00 19473.96 2442.13 4479.22 214.95 111.18 0.00 4384.83 5802.99 4000.20 SUPPLIES-COMMUNITY CENTER SERVTCE CABINETS FOR FRONT LOBBY-POLICE DEPT UNIFORMS FOR CITY EMPLOYEES SERVICE SERVICE SERVICE REFUND-RACQUETBALL LESSONS REFUND-SWIMMING LESSONS REFUND-RACQUETBALL LESSONS REFUND-MEMBERSHIP AT COMMUNITY CENTER SERVICE SERVICE EXPENSES LIQUOR WINE WINE WINE LIQUOR WINE POSTAGE METER-CITY HALL SERVICE PURCHASE AGREEMENT-HIDDEN GLEN PARK ADS-LIQUOR STORE CONFERENCE-POLICE DEPT CONTRIBUTION CERTIFIED COPY OF "CONDITION OF TITLE" POSTAGE-POLICE DEPT POSTAGE-UTILITY BILLING PAYROL 5/30/86 PAYROLL 5/30/86 PAYROLL 5/30/86 PAYROLL 5/30/86 JUNE INSURANCE JUNE INSURANCE JUNE INSURANCE PAYROLL 5/30/86 PAYROLL 5/30/86 ROUND LAKE MARINE CHANGE FUND PAYROLL 5/30/86 PAYROLL 5/30/86 PAYROLL 5/30/86 SERVICE SERVICE HARDHAT SPRAY-WATER DEPT JUNE 86 RENT-LIQUOR STORE WINE LIQUOR 16475508 2277.40 5207.36 1953.17 739.90 293.52 15.00 15.00 10.00 13.00 8.00 1150.00 DEPT/ 140.41 27751 EAGLE WINE CO 27752 ED PHILLIPS & SONS CO 27753 QUALITY WINE CO 27754 MARK VII SALES 1 55 CAPITOL CITY DISTRIBUTING CO /56 TARA DELIE 27757 MORGAN GILMAN 27758 KYLE HAGBERG 27759 KELLY MCMASTER 27760 ERIK UHLIG 27761 SAILORS WORLD 27762 A TO Z RENTAL CENTER 27763 ACRO-MINNESOTA INC 27764 ACTION RENTAL CENTERS 27765 AMERICAN COMPENSATION ASSOCIATION 27766 AMERICAN LINEN SUPPLY CO 27767 AMERICAN NATIONAL BANK 27768 AMERICAN NATIONAL BANK 27769 AMERICAN RED CROSS 27770 EARL F ANDERSEN & ASSOC INC 27771 ROBERT ARNDT 27772 ALLEN ARTHUR CO 27773 ASSOCIATED ASPHALT INC 27774 ASSOCIATION OF METROPOLITAN PUNIC 27775 ASTLEFORD INTL INC 27776 BACHMANS 27777 BBC TOOL SUPPLY INC 27778 BAILEY NURSERIES INC 2'779 BATTERY & TIRE WAREHOUSE INC t SO JOHN BENSON /7/81 BLOOMINGTON LOCKSMITH CO 27782 LOIS BOETTCHER 27783 LES BRIDGER 27784 ED BRION 27785 BROWN PHOTO 27786 BRUNSON INSTRUMENT CO 27787 BRYAN ROCK PRODUCTS INC 27788 JODY BRYLINSKY 27789 BUSINESS FURNITURE INC 27790 CARLSONS LAKE STATE EQUIP CO 27791 CHANNEL CONSTRUCTION 27792 CHANHASSEN LAWN & SPORTS 27793 UNIVERSITY OF MN 27794 UNIVERSITY OF MN 27795 CHAPIN PUBLISHING CO 27796 CITY OF CHASKA 27797 C & NW TRANS CO 27798 JAMES CLARK 27799 CLEVELAND COTTON PRODUCTS 27800 CLUTCH & TRANSMISSION SER INC 27801 CLUTCH & U-JOINT BURNSVILLE INC WINE WINE WINE WINE WINE REFUND-SKATING LESSONS REFUND-SKATING LESSONS REFUND-KIDS KORNER REFUND-SWIMMING LESSONS REFUND-GOLF LESSONS SAILBOAT-COMMUNITY SERVICES -EQUIPMENT RENTAL-WATER DEPT/STREET PARKS MAINTENANCE OFFICE SUPPLIES GRINDER RENTAL-PARK DEPT DUES-HUMAN RESOURCE COORDINATOR MOP/DUSTER-LIQUOR STORE #1 SERVICE BOND PAYMENTS FILM RENTAL-COMMUNITY CENTER BATTERIES/SIGNS-STREET DEPT & PARKS DEPT MAY 86 CUSTODIAL SERVICE REFUND-UTILITY BILLING BLACKTOP-STREET DEPT JUNE 1 - DEC 31 1986 DUES SPRING/GEAR-STREET DEPT PLANT-CITY HALL AIRFLOW VENTILATOR-STREET DEPT TREES-FORESTRY FILTERS/SPARK PLUGS-STREET DEPT GOLF INSTRUCTOR/FEES PD LABOR TO INSTALL KEYLOCK-WATER DEPT -SERVICE-PARK & REC COMMISSION MEETING JUNE 2 1986 CONFERENCE-POLICE DEPT SOFTBALL OFFICIAL/FEES PD FILM PROCESSING LEATHER CASE-ENGINEERING DEPT ROCK-STREET DEPT & PARK DEPT GOLF INSTRUCTOR/FEES PD -5-DRAWER FILE CABINET/3 CHAIRS- FORESTRY & PUBLIC SAFETY WASHERS/O-RINGS-STREET DEPT SERVICE-TANAGER CREEK GREASE-PARK MAINTENANCE REGISTRATION FEE-ASSESSING DEPT REGISTRATION-ASSESSING DEPT ADS-WATER DEPT SERVICE-TRANSIT DEMONSTRATION CONTRACT RENTAL AGREEMENT-SEWER DEPT EXPENSES-POLICE DEPT PAPER TOWELS-STREET DEPT PIN KIT/TRANSMISSION SEAL-STREET DEPT SHAFT/SPRING/GEAR/SHIFT RAIL-STREET DEPT 1547.34 26.50 65.00 9.05 50.00 40895.73 40.00 378.60 200.00 3659.95 1174.03 1681.00 28.76 14.99 575.00 1345.75 99.08 216.00 225.49 70.50 40.00 252.00 698.55 52.00 3029.34 240.00 920.00 14.42 38811.13 58.08 75.00 410.00 358.16 373.10 60.00 110.42 220.50 221.72 1307.16 "137711 27802 COMMISSIONER OF REVENUE 27803 COMMISSIONER OF TRANSPORTATION 27804 CONTROL DATA BUSINESS ADVISORS IN 27805 , -106 CONWAY FIRE & SAFETY INC 1 307 EDWARD CORAZALLA 27808 CORPORATE RISK MANAGERS INC 27809 CREST ASSOCIATES INC 27810 CURT JOHNSON PROPERTIES 27811 CUSHMAN MOTOR CO INC 27812 CUTLER-MAGNER COMPANY 27813 GERTRUDE DAHLBERG 27814 WARD F DAHLBERG 27815 DALCO 27816 EUGENE DIETZ 27817 DIXIE PETRO-CHEM INC 27818 JENNIFER DRESSEN 27819 JENNIFER DRESSEN 27820 JEFFREY DUNFORD 27821 DURO-TEST CORP 27822 DUSTCOATING INC 27823 EAGAN-MC KAY ELECTRICAL CONTRACT° 27824 THOMAS E EASTMAN 27825 EDEN PRAIRIE ROTARY CLUB 27826 EDEN PRAIRIE TRASHTRONICS 27827 CITY OF EDINA 27828 ELECTRIC SERVICE CO 27829 ELK RIVER CONCRETE PRODUCTS 30 ELVIN SAFETY SUPPLY INC MARGARET J FINLEY 27832 FLYING CLOUD SANITARY LANDFILL 27833 FOUR STAR BAR & RESTAURANT SUPPLY 27834 FOX MCCUE & MURPHY 27835 JOHN FRANE 27836 FRANZ ENG REPRODUCTIONS INC 27837 G & K SERVICES 27838 G L CONTRACTING INC 27839 JEANETTE GILLIS 27840 GLUSCHENKO SPENCER SMITH INC 27841 GOODYEAR AUTO SERVICE CENTERS 27842 W W GRAINGER INC 27843 GREATER MPLS AREA 27844 HACH CO 27845 HALE COMPANY INC 27846 HANSEN THORP 27847 HARMON GLASS 27848 HENNEPIN CO-OPERATIVE SEED EXCHAN 27849 HENNEPIN COUNTY R86656 CERTIFIED LICENSES-ASSESSING DEPT SERVICE-HWY 169 CONSULTING SERVICES-PAY EQUITY STUDY PACKET DELIVERIES FIRST AID EQUIPMENT-FIRE DEPT ARCHERY TARGETS-COMMUNITY CENTER INSURANCE CONSULTANT SORBENT BLANKET-WATER DEPT REFUND-BLDG PERMIT -FILTER/CONDENSER/VALVE/SPARK PLUGS/ -CABLE/OIL/SWITCH TOGGLE/SEAL-STREET DEPT & PARK MAINTENANCE QUICKLIME- WATER DEPT SUPPLIES-LIQUOR STORE #2 MAY 86 EXPENSES TOWELS/FLOOR MAT-STREET DEPT & COMM CTR MAY 86 EXPENSES CHLORINE CYLINDER-WATER DEPT EXPENSES MILEAGE TENNIS INSTRUCTOR/FEES PD SUPPLIES-LIQUOR STORES OIL ROAD-DUST CONTROL SERVICE-PRAIRIE CENTER DRIVE EXPENSES DONATED FUNDS FOR SENIOR CITIZENS VAN MAY 86 TRASH PICKUP WATER TESTS INSPECTION-APRIL 1986-PUBLIC SAFETY TRASH GUARD-STREET DEPT VINYL MESH VEST-STREET DEPT MILEAGE SERVICE SUPPLIES-LIQUOR STORES SERVICE MAY 86 EXPENSES PROFESSIONAL SERVICE-ENGINEERING DEPT -TOWELS/COVERALLS/MATS/DRY MOP- WATER DEPT & LIQUOR STORE -SERVICE-SHADY OAK RD-VALLEY VIEW & -GREENRIDGE-HWY 169-MITCHELL RD & WESTWIND CIRCLE #8686 KIDS KORNER INSTRUCTOR/FEES PD -RECRUITING HUMAN RESOURCE DIRECTOR- PHONE EXPENSES TIRES-STREET DEPT 1/4 HORSE POWER MOTOR-WATER DEPT JUNE-AUG 86 MARKET REPORT-ASSESSING DEPT CHEMICALS-WATER DEPT SERVICE-STREET DEPT SERVICES FOR APRIL-ENGINEERING DEPT REPAIR 2 MIRRORS-STREET DEPT GARDEN FERTILIZER-COMMUNITY SERVICES APRIL 86 BOARD OF PRISONERS-POLICE DEPT 12.00 2.17 15.00 91.00 1458.00 42.00 400.00 104.23 40.00 1123.65 4921.85 21.62 91.16 597.10 191.25 677.00 15.79 54.82 426.00 138.21 10520.00 6638.64 22.38 12000.00 340.00 110.50 844.00 115.90 111.00 5.02 88.20 182.50 36.00 165.00 238.39 281.11 2025.73 187.00 14.90 101.68 76.47 50.00 644.82 54.00 341.40 20.00 206.20 3022.87 27850 HENN CTY-SHERIFFS DEPT APRIL 86 BOOKING FEE 149.81 27851 HOFFER'S INC SOFTBALL FIELD MARKING COMPOUND 291.00 27852 HOLMSTEN ICE RINKS INC -NETS/NYLON SKIRTS/STEEL FRAME ANGLE/ 1856.00 LABOR/WHITE POLY-COMMUNITY CENTER '-'853 HONEYWELL JUNE-AUG 86 SECURITY SYSTEM-LIQUOR STORE 374.07 Ik 854 HUGIN SWEDA INC SERVICE 220.00 27855 IBM SERVICE-CITY HALL 424.32 27856 IBM MAINTENANCE AGREEMENT-CITY HALL 679.87 27857 ICMA DUES-CITY MANAGER & ASST CITY MANAGER 550.09 27858 INDEPENDENT SCHOOL 01ST #272 -TRANSPORTATION/LUNCHES-WATER DEPT & 46.13 CITY COUNCIL 27859 INDUSTRIAL LIGHTING SUPPLY INC LIGHTBULBS-WATER DEPT 126.68 27860 MARTY JESEN SOFTBALL OFFICIAL/FEES PD 14.00 27861 CARL JULLIE MAY 86 EXPENSES 91.09 27862 JUSTUS LUMBER CO -PAINT/SCRAPER/LUMBER/BUCKETS/ROOF 269.90 CEMENT-WATER DEPT 27863 KARULF HARDWARE INC -PAINT/G1OVES/SCREWDRIVERS/SOCHET SETS/ 1155.92 -TAPE/BOLTS/BUCKETS/PLUGS/EXTENSION CORD/ PLASTIC/NAILS/SANDPAPER/BRUSHES/LIGHTBULBS 27864 TOM KEEFE SOFTBALL OFFICIAL/FEES PD 27865 RICHARD KNUTSON INC SERVICE-ANDERSON LAKES PARKWAY 27866 KOKESH ATHLETIC SUPPLIES INC PROTECTIVE CAP-PARKS DEPT 27867 KRAEMERS HOME CENTER -BATTERIES/TAPE/SCREWS-WATER DEPT & CITY HALL 27868 LMCIT INSURANCE-CITY HALL 27869 ROBERT LAMBERT MAY 86 EXPENSES 27870 SKIL CORP BATTERIES-FIRE DEPT 27871 LANG PAULY & GREGERSON LTD -APRIL 86 DORENKEMPER LITIGATION/AUG 85- MAY 86 QUAIL RIDGE APARTMENT PROJECT 27872 BOB LANZI SOFTBALL OFFICIAL/FEES PD ( 173 DOUGLAS A LAWYER SOFTBALL OFFICIAL/FEES PD ‘c,874 LEEF BROS INC RUG SERVICE-STREET DEPT & CITY HALL 27875 LINHOFF PRINTS-ELECTION 27876 LOGIS APRIL 86 SERVICE 27877 LONG LAKE FORD TRACTOR PIN/COUPLER/KIT-PARK MAINTENANCE 27878 MACQUEEN EQUIPMENT INC EDUCTOR HOSE-STREET DEPT 27879 MIKE MARUSHIN HEADLIGHT AIMER KIT-STREET DEPT 27880 DR JOSEPH MASSEE MD EXPENSES 27881 MCGLYNN BAKERIES INC EXPENSES-PUBLIC SAFETY & FORESTRY 27882 MCI CELLCOM SERVICE 27883 MEDICAL OXYGEN & EQUIP CO OXYGEN-PUBLIC SAFETY 27884 METRO FORE COMM INC FEB-JUNE 86 PAGER SERVICE 27885 METRO PRINTING INC LETTERHEAD/ENVELOPES-PUBLIC SAFETY 27886 METROPOLITAN FIRE EQUIP CO -FIRE EXTINGUISHER/VEHICLE BRACKETS/DRY CHEMICALS-STREET DEPT & FIRE DEPT 27887 METROPOLITAN WASTE CONTROL COMM JULY 86 SEWER SERVICE 27888 KAREN MICHAEL MILEAGE 27889 MIDLAND PRODUCTS CO CONCESSION STAND SUPPLIES-COMMUNITY CTR 27890 MIDWEST ASPHALT CORP BLACKTOP-STREET DEPT 27891 MIDWEST PAVEMENT MANAGEMENT INC PROFESSIONAL SERVICES-ENGINEERING DEPT 27892 MARION MILLER KIDS KORNER INSTRUCTOR/FEES PD 27893 MPLS ST PAUL METROPOLITAN AIRPORT LAND RENTAL-PARKS DEPT 27894 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 27895 MINNESOTA COMMUNICATIONS CORP JUNE 86 PAGER SERVICE-WATER DEPT "1928410 168.00 118684.16 15.30 152.40 112856.00 166.75 21.20 1267.75 280.00 294.00 333.80 4.00 4467.54 59.00 558.65 163.00 81.00 73.94 53.15 46.00 57.23 349.00 307.95 88039.96 36.95 168,15 2288.96 1000.00 388.73 556.80 70.10 25.75 141 27896 MINNESOTA DAILY 27897 MINNESOTA ICE ARENA MANAGER'S ASS 27898 MINNESOTA SUBURBAN NEWSPAPERS INC 27899 MINNESOTA TORO INC t.900 27901 27902 27903 27904 27905 27906 27907 27908 27909 27910 27911 27912 27913 27914 MINNESOTA WANNER CO MODERN TIRE CO LYLE MOENCH R E MOONEY & ASSOC INC MOTOROLA INC MPH INDUSTRIES INC MPLS STAR & TRIBUNE CO MY CHEESE SHOP NATIONAL CITY BANK OF MINNEAPOLIS NATIONAL FIRE PROTECTION ASSOC NORTH STAR RISK SERVICES INC NORTHERN CULVERT OPERATIONS NORWEST BANK MINNEAPOLIS NA OFFICE PRODUCTS OF MN INC OFFICE PRODUCTS OF MN INC 27915 OHLAND LANDSCAPING 27916 CONNIE L PETERS 27917 PITNEY BOWES 27918 POWER SYSTEMS 27919 PRINT SHACK 27920 JAMES PUFAHL 27921 R C IDENTIFICATIONS INC 77922 RETAIL DATA SYSTEMS OF MINNESOTA 123 RIEKE-CARROLL-MULLER ASSOC INC 27924 ROAD MACHINERY & SUPPLIES CO 27925 ROGERS 27926 MICHAEL J ROGERS 27927 ROGERS SERVICE COMPANY 27928 SCHMIDT READY MIX INC 27929 DONALD B SCHWARTZ 27930 SETTER LEACH & LINDSTROM INC 27931 SETTER LEACH & LINDSTROM INC 27932 SETTER LEACH & LINDSTROM INC 27933 SHAKOPEE FORD INC 27934 STEVEN R SINELL 27935 AMY SMITH 27936 W GORDON SMITH CO 27937 SNAP PRINT-WEST 27938 JENNY SODERBERG 27939 JENNY SODERBERG 27940 SOUTHWEST AUTO SUPPLY INC EMPLOYMENT ADS-COMMUNITY CENTER DUES-COMMUNITY CENTER ADS-LIQUOR STORES -SHAFT/COLLAR/BEARINGS/BUSHING/ROLL PIN/ REPAIRS/LIFTBLADE-PARK MAINTENANCE SHIELD-PARKS DEPT TIRE ALIGNMENT-STREET DEPT SOFTBALL OFFICIAL/FEES PD PAINT-WATER DEPT REPAIR RECEIVER-FIRE DEPT RADAR TESTS-POLICE DEPT ADS-COMMUNITY CENTER LUNCHES/BEVERAGE-FIRE DEPT & CITY COUNCIL BOND PAYMENT FILM-FIRE DEPT INSURANCE BOND-CITY HALL OUTLET SCREENS-DRAINAGE BOND PAYMENT PRINTER -CHARTING GALLERY/COMPUTER RIBBONS- PLANNING DEPT & FINANCE DEPT -REBUILT STONE WALL/INSTALLED FILTER FABRIC-PARK MAINTENANCE MILEAGE POSTAGE METER RENTAL SERVICE PART-PARKS DEPT PRINTS-COMMUNITY CENTER SOFTBALL OFFICIAL/FEES PD EMPLOYEE ID CORE CARDS-CITY HALL INSTALL STATIC MATS-LIQUOR STORE #2 -SERVICE-PRESERVE BLVD/TECHNOLOGY DRIVE/ FLYING CLOUD DRIVE EQUIPMENT RENTAL-PUBLIC WORKS SERVICE-COMMUNITY CENTER PHONE EXPENSE STARTER-STREET DEPT BLACKTOP-STREET DEPT SOFTBALL OFFICIAL/FEES PD APRIL 86 SERVICE REMODEL COMMUNITY CENTER SERVICE-CITY HALL PLANNING SERVICE-FIRE STATIONS CABLE/GEAR/LATCHES/WHEELS-STREET DEPT MAY 86 EXPENSES TENNIS INSTRUCTOR/FEES PD -FITTING/HOSES/CAP/SKID-PLATE/GAS/ -DIESEL-STREET DEPT/PUBLIC SAFETY & PARK MAINTENANCE PRINTS-CITY HALL SOFTBALL OFFICIAL/FEES PO SOFTBALL OFFICIAL/FEES PO -MIRROR/CABLE/TUBES/SHIELD/BATTERIES/ -LIGHTS/SWITCHES/BELTS/BRAKES/GASKETS/ -SEALS/FILTER/MUD FLAPS/SHOCKS/HOSES/ SPARK PLUGS 8.40 50.00 165.60 479.33 1.77 19.95 168.00 674.30 57.93 66.85 206.30 200.43 21014.66 500.35 1252.00 42.20 232263.99 455.00 508.00 5000.00 21.00 96.75 2.70 281.05 140.00 196.50 160.00 4213.27 1387.20 11.45 16.02 60.40 166.21 112.00 321.03 6329.09 87.20 560.21 171.00 220.00 4628.68 25.00 28.00 28.00 1122.68 1 352050 27941 27942 27943 27944 1-945 446 27947 27948 27949 27950 27951 27952 27953 27954 27955 27956 27957 27958 27959 27960 27961 27962 27963 SOUTHWEST SUBURBAN CABLE COMMISS SOUTHWEST SUBURBAN PUBLISH INC SOUTHWEST SUBURBAN PUBLISH INC SPECIALTY SCREENING STEVEN D STRACHAN BARBARA STRUWE SUBURBAN CHEVROLET SULLIVANS SERVICES INC SUPPLEE ENTERPRISES INC NATALIE SWAGGERT SWANK MOTION PICTURES INC JOEY H TERRIQUEZ TIERNEY BROTHERS INC KEVIN TIMM TOTAL TOOL TWIN CITY OXYGEN CO UNITOG RENTAL SERVICES VAUGHNS INC VESSCO INC VIKING LABORATORIES INC VOID OUT CHECK RANDELL VOAS WATER PRODUCTS CO I 3RD QTR 1986 CONTRIBUTION 1533.82 ADS-LIQUOR STORES 193.66 ADS-COMMUNITY CENTER 24.00 AWARD PLAQUES-POLICE DEPT 128.00 SOFTBALL OFFICIAL/FEES PD 158.00 MILEAGE-PLANNING DEPT 8.50 HEATER CONTROL/FRONT BUMPER-STREET DEPT 88.91 SERVICE-SENIOR CENTER 50.00 SUPPLIES-LIQUOR STORE 10.62 EXPENSES 196.47 FILM-COMMUNITY CENTER 88.90 LETTERING ON SQUAD CARS-POLICE DEPT 60.00 TAPE/RIBBON-FORESTRY/PARK & REC PLANNING 132.38 SOFTBALL OFFICIAL/FEES PD 196.00 PORTABLE LIGHT-WATER DEPT 168.38 GLOVE-STREET DEPT 28.58 UNIFORMS FOR CITY EMPLOYEES 1230.55 FLAG-CITY HALL 144.00 PADS/FILTERS/BRUSH-WATER DEPT 27.21 CHEMICALS-COMUNITY CENTER 1172.25 0.00 MILEAGE 25.28 -SAWBLADE/PLUG/METER/SW1VEL/VALVE/O-RING/ 21407.94 -GASKET/COUPLING NUT/MAIN VALVE/240 5/8" -METERS $11013.60/120 REGULATORS $3750.00/ 240 HORNS $3144.00 -CUTTING TIP/TIP CLEANER/GUIDE BEARINGS/ 130.52 -SPANNERSCREW ASSEMBLY/SAFETY SHUT OFF TRIGGER-STREET DEPT GOLF INSTRUCTOR/FEES PD 120.00 -SUPPLIES/MAINTENANCE AGREEMENTS-CITY 354.73 HALL & PUBLIC SAFETY EXPENSES-POLICE DEPT 5.00 1ST AID SUPPLIES-PARKS DEPT 30.85 27964 WEST WELD 27965 TODD WILLIAMS ( 66 XEROX CORP 27967 JULIE ANNE YARUSSO 27968 ZEE MEDICAL SERVICE 2771455 $975517.90 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Resolution No. 86-131 A RESOLUTION ESTABLISHING PRECINCT BOUNDARIES AND POLLING PLACES BE IT RESOLVED by the City Council of the City of Eden Prairie that the precinct boundaries are changed according to the attached description and map and that the following facilities are designated as polling places: Precinct #1: Divided into two parts; IA and 1B. Divided by a line following an easterly direction from County Road 101 on Duck Lake Trail; south on Dell Road; east onto Duck Lake Trail to Duck Lake Road. Polling facility location 1A-(North Half): King of Glory Church 17859 Duck Lake Trail Eden Prairie, Mn 1B-(South half): Eden Prairie Community Center 16700 Valley View Road Eden Prairie, Mn Precinct #4: No boundary changes, but facility location changed April '86 to; St. Andrew Lutheran Church 14100 Valley View Road Eden Prairie, Mn Precinct #5: Divided into two parts; 5A and 5B. 5A- Divided by a line in an easterly direction from Hennepin County border along W. 78th St. to CBNW railroad tracks; north along rail- road to Valley View Road; west to CMStP railroad tracks; southwest along railroad to border. 58- Follow W. 78th St. easterly from Hennepin County border to Eden Prairie Road; south on Eden Prairie Road to Pioneer Trail; west on Pioneer Trail to Hennepin County border. Precinct Changes-Eden Praire page 2 Polling facility location remains the same for BOTH 5A and 5B. Immanual Lutheran Church 16515 Luther Way Eden Prairie, Mn Precinct #6: Enlarged area of Precinct 6. Northern border of West 78th St. starting at Eden Prairie Road easterly to Mitchell Road; Mitchell Road smith to Pioneer Trail, east to Flying Cloud Drive; south-southwest to Riley Creek then follow southerly from creek through Grass Lake. Westerly border from West 78th Street south on Eden Prairie Road, to Pioneer Trail; west to Hennepin County border. Polling facility remains the same; Eden Prairie Methodist Church 15050 Scenic Heights Road Eden Prairie, Mn Precinct #8: No boundary changes, but polling facility location changed to: Minnesota Protective Life Insurance Bldg. 7901 Flying Cloud Drive Eden Prairie, Mn ADOPTED by the City Council of this 17th day of June, 1986. Gary D. Peterson, Mayor SEAL ATTEST: John D. Frane, City Clerk ALL PRECINCTS IN EDEN PRAIRIE IA- King of Glory Church 17859 Duck Lake Trail EP 55344 18- EP Community Center 16700 Valley View Road EP 55344 2- EP Assembley of God Churce 16591 Duck Lake Trail EP 55344 3- EP Community Church 17200 Valley Vew Road EP 55344 4- St. Andrew Lutheran Church 14100 Valley View Road EP 55344 5A- Immanuel Lutheran Church 16515 Luther Way EP 55344 5B- Immanuel Lutheran Church 16515 Luther Way EP 55344 6- EP Methodist Church 15050 Scenic Heights Road EP 55344 7A- New Testament Church 12901 Roberts Drive EP 55344 711- So. Sub Henn. Cty. Vo-Tech 9200 Flying Cloud Drive 8- Minnesota Protective Life Insurance Bldg. 7901 Flying Cloud Drive EP 55344 9A- Pax Christi Catholic Church 12100 Pioneer Trail EP 55344 9B- Pax Christi Catholic Church 12100 Flying Cloud Drive 'a -a • • 4.• c• • • •F• • 1/4'4•• eri t•C'S `4 WS • vAN', '•• _ - r' / ROLL 12 BEGINS WITH: SEPTEMBER 1985 ENDS WITH: JUNE 1986 2/8/94 DATE CM! CONCEPT MICRO IMAGING MINNETQW, MN PRODUCING LABORATORY CITY/STATE CAMERA OPERATOR'S CERTIFICATE I hereby certify that the microphotographs appearing on this roll of film are true, accurate, and complete copies of the original records described below. Reproductions intended to serve as permanent records comply with standards established by the Minnesota Historical Society. AGENCY OF ORIGIN: RECORD SERIES: INCLUSIVE DATESNOS: CITY OF EDEN PRAIRIE COUNCIL PACKETS JANUARY 1977 - DECEMBER 1941