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Home My WebLink AboutCity Council - 10/21/1986********LUNCHES WILL BE PROVIDED**** 4. AGENDA JOINT CITY COUNCIL/OEVELOPMENT COMMISSION MEETING 6:00 PM, SCHOOL ADMINISTRATION BUILDING ' BOAROROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul -Redpath Chair Don Opheim,.Atio Youngdahl Jean Harris, Aarv1li41 -.-EaGtow,;, Peter Stal land, And Walter -Thompson City Manager Carl Mlle and Assistant to the City Manager Craig Dawson I. ROLL CALL II. REPORT OF DEVELOPMENT COMMISSION TO THE CITY COUNCIL III. OTHER ITEMS OF BUSINESS IV. ADJOURNMENT. TUESDAY, OCTOBER 21;1986 COUNCIL MEMBERS: DEVELOPMENT COMMISSION MEMBERS: CITY COUNCIL! DEVELOPMENT COMMISSION STAFF: MEMORANDUM ' TO: Mayor and City Council FROM: Development Commission SUBJECT: Continued Role for the Development Commission DATE: September 15, 1986 Four of the six members of the Development Commission met on September 5, 1986 to discuss the Council's request that the Commission evaluate its role as an advisory body. The consensus formed among the members present was that the Commission does have a role for the community and should continue its existence. Commission members gave varied reasons for continuing their work. While it may be more productive for all concerned that the Commission meet on an ad hoc or special project basis, the Commission would be a more valuable resource if it were to have continuity and a historical perspective. However, it needs a better framework to identify the issues on which it should focus. Commission members also believed that the focus of their work could be better defined if the community were more knowledgeable of the Commission's existence. It could be strengthened if the Council were to appoint respected residents with strong personalities to the Commission. The roles the Commission could play also were diverse. One member perceived that the Commission served as the officially-appointed lobby for business in the community. It could serve an ombudsman role for developers vis-a-vis the City. Commission members should be accessible to businesspersons so they can be comfortable having their concerns heard before going to some more formal process. Another member believed that the Commission should change its historical focus on business development to include residential development and the social and economic effects of development. These latter issues include wage rates, employment for unemployed persons in the community, assisting employers to locate potential employees, the tax base and aesthetic effects of vacant business space, and how development types may influence the level of crime. Several meetings of the Development Commission have evoked comments on the role of the Commission. One prevalent theme has been that the Commission should look at planning issues in the two- to five-year time frame for the community. Members believed that the Planning Commission was too busy with immediate project review to consider mid- and long-range planning. The Development Commission could assist with, or assume, this function. Another theme has been that the City should have some role in having businesses which are strategically positioned to take advantage of changing marketplaces. Such an effort transcends what could be accomplished by the State's Star City program and became a reason for the Commission to recommend that the City withdraw from that program. Commission members recognize that the City's desire to attract development is being met without the active encouragement and participation of the Development Commission. While they believe the development process is running smoothly and hope it will continue indefinitely, these operations may encounter problems or be subject to new, different expectations by any number of parties. The Commission can perform an important function as a two-way conduit of information for an extremely important facet of the development of the community. While its focus may be changing, the Commission can provide vital assistance to the Council. MINUTES DEVELOPMENT COMIISSION 7:30 AM, SCHOOL ADMINISTRATION BUILDING, SMALL CONFERENCE ROOM Ann Youngdahl Boline, Dr. Jean L. Harris, Donald Opheim, Walter Thompson Marvin LaGrow, Peter Stalland City Manager Carl J. Jullie and Assistant to the City Manager Craig Dawson FRIDAY, SEPTEMBER 5, 1986 MEMBERS PRESENT: MEMBERS ABSENT: CITY STAFF: I. CALL TO ORDER/ROLL CALL The meeting was called to order by Vice-chair Opheim at 7:40 AM. Attendance was duly noted by the recording secretary. II. APPROVAL OF AGENDA Harris moved, and Youngdahl-Boline seconded, to approve the agenda with the addition of Item V. A., Election of Officers. Motion passed, 4 - O. III. MINUTES OF JULY 11, 1986 MEETING Thompson moved, and Harris seconded, to approve the minutes of this meeting as presented. Motion passed 4 - O. IV. BUSINESS A. Request by Council on Need to Exist The City Manager introduced this item by relating the Council's request made September 2, 1986. It directed the Commission to re-evaluate its role and potential contributions as an advisory body. It further decided to hold a joint meeting with the Commission on this matter prior to making a decision to fill the vacancy on the Commission created by the resignation of former member Ron Allar. Opheim stated that without problems with the landfill, with various State agencies, with transporation, and with filling employment needs, and if developers believe they are being treated fairly and the development process operates smoothly, then there would be no need for the Commission to exist. He believed that the Council needed to be concerned about appointing "very good people" to the Commission. This composition is needed to have influence with the City organization and other groups. Opheim thought the Commission should not be a place for residents "who just want to get involved" with City affairs. -2 - Opheim shared his perception that the Development Commission functions as the officially-appointed lobby for business in the community. It can perform an ombudsman role for developers vis-a-vis the City. The Commission should be a place where businesspersons can feel comfortable to have their concerns heard before going to some more formal level. Opheim concluded that the Development Commission still has a role, one that could be served better on a special projects basis than as an on-going body. Youngdahl-Boline said that the Commission needed more visibility. This public relations effort could include articles in various media explaining what the Commission is, and identifying residents who serve on the Commission. Thompson opposed any thought of disbanding the Commision. He believed it should serve not only business development, but residential develpoment as well. He also had concerns about wage rates in the community, employment for unemployed persons in the City, and how the growth of crime is influenced by the type of development in the community. He suggested that the City survey employers to determine why they may have difficulties finding employees. He stated that the Commission needed to be more open to responding to the community - it needed to establish community communications. The City Manager mentioned that the City has maintained a philosophy that it be open to hearing from residents and that residents' concerns be taken directly to the department(s) best able to handle them. Opheim suggested that many of Thompson's issues were being addressed by the Eden Prairie Chamber of Commerce. He thought more joint meetings with the Chamber could prove more helpful. Youngdahl-Boline cautioned the Commission to be sure that it doesn't try to accomplish everything, and that it identify or assign proper resources. Harris noted a consensus developing that the Commission had a role. The City is working well now - if anything, it is on a roll. Her problem has been to identify what the Comission is supposed to do. Harris thought that the continuity and history of an on-going Commission is a more valuable resource to the Council than ad hoc committees. She believed the Commission needed to review its framework to determine what it should propose as its purpose and ongoing activities in support of the Council's purposes and goals. The City Manager suggested that the Commission may wish to enter into the discussions of the blue-ribbon committee being appointed by the Council to recommend alternatives for future City administrative offices. Thompson moved, and Harris seconded, that the Commission become involved in the City Hall development process. Opheim thought that it would be more appropriate for Commission - 3 - members to attend meetings, report to the Commission, and then have the Commission make comments to the Committee and others. The City Manager said he envisioned that some Commission members may wish to serve as individual residents, rather than the Commission as a whole serving. Thompson withdrew the motion. Thompson and Youngdahl-Boline will volunteer to serve on the committee with the endorsement of the Commission. Thompson moved, and Youngdahl-Boline seconded, that staff prepare a memorandum to the Council requesting that the Commission continue to exist. Motion passed 4 - 0. Opheim urged that the Commission think of candidates for the vacancy on the Commission and to submit their names to Council- members or the City Manager. Thompson suggested Debbie Godtland, manager of Windslope Apartments. He also suggested that she attend the Commission's next meeting. The Assistant to the City Manager recommended that a time for the joint meeting with the City Council be requested for 6:00 PM, Tuesday, October 21. V. NEW BUSINESS A. Election of Officers Youngdahl-Boline moved, and Thompson seconded, that Opheim be Chair. Motion passed 4 - O. Harris moved, and Youngdahl-Boline seconded, that Thompson be Vice-chair. Motin passed 4 - O. Thompson moved, and Harris seconded, that Youngdahl-Boline be Secretary. Motinnpassed 4 - O. VI. ADJOURNMENT Youngdahl-Boline moved, and Harris seconded, that the meeting be adjourned at 8:40 AM. Motion passed, 4 - O. Respectfully submitted, Craig W. Dawson Recording Secretary TUESDAY, OCTOBER 21, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, SCHOOL ADMINISTRATION BUILDING 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 I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY SEPTEMBER 16 1986 III. CONSENT CALENDAR A. Clerk's License List B. Special assessment agreement, Research Road (Agreement with School District and Douglas Corporation providing for improvements) C. Special assessment agreement, Blossom Road (Agreement with Prairie Lutheran Church providing for utility and street improvements) D. Final plat approval for Baypoint Two (south of Anderson Lakes Parkway and west of Center Way) Resolution No. 86-264 E 2nd Reading of Ordinance No. 50-86 amending City Code Section 2.05 relating to the salaries of Mayor and Council Members F. 2nd Reading of Ordinance No. 53-86 amending City Code Section 9.40 relating to Discharge of Weapons G. DOUGLAS CORPORATION HEADQUARTERS. Approval of Developer's Agreement for Planned Unit Development Concept for approximately 68 acres for construction of 320,000 square feet of office/warehouse. Location: West of Highway #169 south of Anderson Lakes Parkway. Page 2556 i Page 2575 Page 2576 Page 2580 Page 2585 Page 2588 Page 2468 Page 2589 City Council Agenda - 2 - Tues.,October 21, 1986 H. J & L SUBDIVISION, by Frank R. Cardarelle. 2nd Reading of Ordinance #47-86, Zoning District Change from R1-22 to R1-13.5; and Adoption of Resolution #86-267, Authorizing Summary of Ordinance #47-86, and Ordering Publication of Said Summary. 3.0 acres into seven single family lots. Location: Southeast quadrant of Blossom Road and Bennett Place. (Ordinance #47-86, Rezoning; Resolution #86-267, Authorizing Summary and Publication) I. REUTER dRDF PLANT, by Reuter, Inc. 2nd Reading of Ordinance #52-86, Zoning District Change from Public to 1-2 Park; and Adoption of Resolution #86-268, Authorizing Summary of Ordinance #52-86, and Ordering Publication of Said Summary. Rezoning of 1.3 acres and Preliminary Plat of 10.63 acres into one lot. Location: Southeast corner of County Road #67 and Indian Chief Road. (Ordinance #52-86, Rezoning; Resolution #86-268, Authorizing Summary and Publication) PARKWAY OFFICE-SERVICE CENTER, by Contract Lodging Corporation. Amendment to Developer's Agreement for Parkway Office Service Center. Location: Northeast corner of Anderson Lakes Parkway and Highway #169. K. WILSON LEARNING CENTER by Ryan Construction Company of Minnesota, Inc. 2nd Reading of Ordinance #48-86-PUD-8-86, amending Ordinance #24-84-PUD-3-84 within the Office District; Approval of Developer's Agreement for Wilson Learning Center by by Ryan Construction; and Adoption of Resolution #86-270, Authorizing Summary of Ordinance #48-86-PUD-8-86, and Ordering Publication of Said Summary. Location: East of Highway #169 west of Valley View Road, south and west of Flying Cloud Drive. (Ordinance #48-86-PUD-8-86, PUD Rezoning; Resolution #86-270, Authorizing Summary and Publication) IV. PUBLIC HEARINGS A. FEASIBILITY STUDY, BAKER ROAD SANITARY SEWER (north of St. Andrew Drive), I.C. 52-0877iiesolution No. 86-208) Continued from August 19, 1986 B. FEASIBILITY STUDY, CRESTWOOD TERRACE STREET IMPROVEMENTS, I.C. 52-079 (Resolution No. 86-210) Continued from August -07-1986 V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. RESEARCH FARM 3RD ADDITION, by School District #272. Request for Preliminary Plat of 116 acres into one lot and three outlots. Location: West of Highway #169, south of Anderson Lakes Parkway, east of Purgatory Creek. Resolution #86-269, Preliminary Plat) J. Page 2594 'rage 2598 Page 2603 Page 2606 Page 2616 Page 2006 & 2620 Page 2623 - City Council Agenda - 3 - Tues.,October 21, 1986 VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS REPORTS OF OFFICERS BOARDS & COMMISSIONS Reports of Council Members 1. City Manager Salary Review Report of City Manager Report of City Attorney D. Report of Director of Community Services Report of Director of Public Works 1. Award Contract for 1Bluffs West 5th Addition and Vicinity Drainage Improvements, L.C.77-M (Resolution No. 86-265) 2. Award Contract for Riverview Road and Riverview Drive Utility and Street Improvements, I.C. 52-101 (Resolution No. -2gT NEW BUSINESS ADJOURNMENT X. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, SEPTEMBER 16, 1986 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Patricia Pidcock, and Paul Redpath CITY COUNCIL STAFF: 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: All members were present. PRESENTATION OF "AWARD OF VALOR" TO CITIZENS RICHARD BERG AND JOHN SORTLAND, AND PUBLIC SAFETY OFFICER JEFF BERG FOR TANKER ACCIDENT ON HIGHWAY #169; AND LETTERS OF RECOGNITION TO THE EDEN PRAIRIE FIRE DEPARTMENT AND PUBLIC SAFETY RESERVES Mayor Peterson presented Awards of Valor to Richard Berg, John Sort- land and Officer Jeff Berg for their rescue efforts in the fuel tanker accident on Highway 169 the morning of August 19, 1986. Peterson congratulated and thanked the men on behalf of the residents of Eden Prairie. He also presented a Letter of Commendation to the Eden Prairie Fire Department and a Letter of Recognition to the Public Safety Reserve Unit for their outstanding work during the emergency situation after the accident occurred. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Bentley, to amend the Agenda by adding Item III. Q. Set a Special Meeting of the City Council for 7:30 PM on Thursday, September 18, 1986, and continuing Item VII. B. Request from Mary Radcliffe & Lawrence Kapustka regarding Goose Hunt at Olympic Hills to the Special Meeting on Thursday. Mayor Peterson and Councilmember Pidcock said they would be late for the meeting on Thursday because of a conflict with the Transit Commission meeting in Chanhassen the same evening. Peterson said he would appoint Councilmember Redpath to serve as acting Mayor in his absence. City Council Minutes -2- September 16, 1986 The following items were added to the Agenda: X. A. 2. Pidcock - Letter from Sharon Gluschenko regarding stop signs; X. A. 3. Bentley - Current activities at Welcome Home site; X. A. 4. Peterson - Nominations for persons to serve on City Hall Committee. The following items were continued to the October 7th meeting: VII. C. Presentation by_Naegele Outdoor Advertising Company on Billboards (Nancy Fletcher); VII. D. Proposed NSP Trans- mission Line along Highway 5. MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. Regular City Council Meeting held Tuesday, August 19, 1986 The following changes were made to the minutes: page 15, paragraph 3, sentence 3 -- change "a petition from" to "a petition he said was from"; page 20, paragraph 6, sentence 1 -- change "the following recommendations contained in the Staff Report of August 15, 1986." to "the attached Findings and Conclusions on the request prepared by City Attorney Pauly. (Attachment C)"; page 20-21, delete Items 1 through 5; page 25, paragraph 3. sentence 1 -- change "PM" to "AM". MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the regular City Council meeting held Tues- day, August 19, 1986, as amended and published. Motion carried unanimously. B. Special City Council Meeting held Thursday, August 21, 1986 The following change was made to the minutes: page 2, para- graph 7, sentence 1 -- change "thank" to "ask". MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the special City Council meeting held Thurs- day August 21, 1986, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Approval of Revised Joint Powers Agreement for South Henne- pin Human Services Council 2 .6-51 City Council Minutes -3- September 16, 1986 C. 1st Reading of Ordinance No. 49-86, amending City Code Chapter 9 by adding thereto a new Section 9.09 ! which prohibits the harassment of dogs used for Public Safety p purposes; and adopting by reference City Code Chapter 1 and Section 9.99, which, among other things, contain pen- alty provisions D. Final plat approval for Meadow Park 2nd Addition (Home- ward Hills Road at Sunnybrook Road) Resolution No. 86-243 E. Final Plat approval for Luknic Fifth Addition (Rowland Road, west of Old Shady Oak Road, formerly the "Garden") Resolution No. 86-244 F. Final Plat approval for Windsong (east extension of Chest- nut Drive) Resolution No. B6-245 G. Final Plat approval for Gonyea 5th Addition (NE corner TH 5 and CSAH 4) Resolution No. 86-246 H. Approve plans and specifications for Bluffs West 5th Addi- tion and vicinity Drainage Improvements (Riverview Road), I.C. 52-069 (Resolution No. 86-247) I. Approve plans and specifications for Riverview Road and Riverview Drive Utility and Street Improvements, I.C. 52- 101 (Resolution No. 86-248) J. MINNETONKA STATE BANK, ("The Bank - Eden Prairie -) by Robert R. Copeland and Raymond O. Mithun. 2nd Reading of Ordinance #40-86, Rezoning from Rural to Community Commer- cial; Approval of Developer's Agreement for Minnetonka State Bank; and Adoption of Resolution #86-233, Authorizing Sum- mary of Ordinance #40-86 and Ordering Publication of Said Summary. 3.458 acres into one lot for construction of a bank building. Location: northeast corner of Highway #5 and County Road #4. (Ordinance #40-86, Rezoning; Resolu- tion #86-233, Authorizing Summary and Publication) K PRAIRIE COURTS, by Ronald A. Christensen, 2nd Reading of Ordinance #39-86-PUD-7-86, Rezoning from Rural to Neighbor- hood Commercial with variances; Approval of Developer's Agreement for Prairie Courts; and Adoption of Resolution #86-237, Authorizing Summary of Ordinance #39-86-PUD-7-86 and Ordering Publication of Said Summary. 3.7 acres into one lot for construction of a 32,000 sq, ft. commercial center. Location: East of County Road #4, north and west of Wagner Way. (Ordinance #39-86-PUD-7-86; Resolution #86- 237, Authorizing Summary and Publication) ifl";2 City Council Minutes -4- September 16, 1986 L. MEADOWPARK 2ND ADDITION, by Spuds, Inc. 2nd Reading of Ordinance #41-86, Rezoning from Rural to R1-13.5 on 5.84 acres and from Rural to Public on 3.28 acres; Adoption of Resolution #86-238, Authorizing Summary of Ordinance #41- 86 and Ordering Publication of Said Summary. 9.12 acres into 8 lots, one outlot, and road right-of-way for construc- tion of 7 single family lots and Fire Station. Location: East of Homeward Hills Road, north of Sunnybrook Road. (Ordinance #41 -861 Resolution #86 -238, Authorizing Summary and Publication) M. BLUESTEM HILLS, by Brown Land Company. 2nd Reading of Ordinance #45-86, Rezoning from Rural to R1-13.5 on 26.86 acres; Adoption of Resolution #86-239, Authorizing Summary of Ordinance #45 -86 and Ordering Publication of Said Sum- mary. 31.56 acres into 62 single family lots, one outlot, and road right-of-way. Location: South of Bennett Place, north of Purgatory Creek. (Ordinance #45 -86, Rezoning; Resolution #86 -239, Authorizing Summary and Publication) N. Change Order for Wyndham Knoll Improvements, I.C. 52-097 O. Change Order for Edenwood and Singletree Lane Improvements, I.C. 52-011A & B P. Appointment of City representative to South Hennepin Human Services Council to fill unexpired term to 1/31/88 Q. Set a Special Meeting of the City Council for 7:30 PM on Thursday, September 118, 1986 Redpath noted that Item B regarding Approval of Revised Joint Powers Agreement for South Hennepin Human Services Council should be revised to allow for approval of new programs by three of the four parties involved. Bentley asked if, then, the funding for such programs would come from the three cities voting for the program and not from the city voting against it. Redpath said that was correct. MOTION: Redpath moved, seconded by Anderson, to change Section 12 of Item B to read "shall first have been approved by the council of at least three of the four parties,". Motion carried unanimously. Bentley asked if Item C. 1st Reading of Ordinance No. 49- 86 prohibiting the harassment of dogs used for Public Safety purposes was to cover a loophole in the present ordinance. City Manager Juilie said that was correct. City Council Minutes -5- September 16, 1986 Anderson asked if this sort of thing was happening. City Attorney Pauly said there had been instances of the dogs being teased while in the car. Anderson asked if the dogs were insured since their value is so high. Pauly said he would doubt that the dogs were covered under the general liability coverage. MOTION: Redpath moved, seconded by Pidcock, to approve Items A-Q on the Consent Calendar. Motion carried unani- mously. IV. PUBLIC HEARINGS A. 1986 SPECIAL ASSESSMENT HEARING (Resolution No. 86-228) Continued from September 2, 1986 for 4 parcels along Ander- son Lakes Parkway City Manager Jullie noted that this item was continued from the September 2, 1986 meeting. He said Staff has had con- versations with the owners of the parcels in question. Director of Public Works Dietz reviewed the status of the objections received to the four parcels excepted from the resolution approved on September 2nd. He said that, be- cause of the divisions that occurred on the property, there was $16,935 of sanitary sewer assessments on the three par- cels owned by Douglas Corporation that did not benefit that property. He said he would therefore recommend the assess- ment on those three parcels be reduced by a total of $16,935 Arlyn Grussing, representing Douglas Corporation, said that they would agree to the revised assessment. Dietz said he had met with a representative of the Tandem Corporation to discuss the assessment on the fourth parcel and had suggested a compromise which they did not accept. He said he was, therefore, recommending that this Public Hearing be continued until the October 7th meeting, at which time the review of the appraisal of the parcel would be presented as a Staff Report with a recommendation to re- solve the issue on the fourth parcel. MOTION: Bentley moved, seconded by Pidcock, to continue excepted parcel 22-116-22 12 0001 to the October 7th meet- ing. Motion carried unanimously. Anderson asked if that would be within the time line. City Attorney Pauly said it would be. MOTION: Bentley moved, seconded by Pidcock, to adopt a re- vised assessment on the following three parcels, reducing their total assessment by $16,935.49: 5-0 Anderson asked if, before 2nd Reading, the Staff recom- mendations would be available for review, particularly the tree inventory. Enger said that the tree inventory was ).;(g1 1 City Council Minutes -6- September 16, 1986 22-116-22 14 0003 22-116-22 14 0004 22-116-22 14 0005 Motion carried unanimously. B. J & L SUBDIVISION, by Frank R. Cardarelle. Request for Zoning District Change from R1-22 to R1-13.5 on approxi- mately three acres with Preliminary Plat of approximately three acres into seven single family lots. Location: Southeast quadrant of Blossom Road and Bennett Place. (Ordinance #47-86, Rezoning; Resolution #86-240, Prelimi- nary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Frank Cardarelle, proponent, addressed the proposal. Planning Director Enger said the Planning Commission re- viewed this item at their August 25, 1986 meeting and recommended approval on a 5-0 vote of the request for rezoning and Preliminary Plat, subject to the recommenda- tions in the Staff Report of August 22nd. He said pro- ponent had submitted the recommended petition for a feasi- bility study to upgrade Blossom Road and the proposed street along the eastern property line. He also said that the tree inventory has not been completed but that they are recom- mending this be provided by the time of 2nd Reading. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to give let Reading of Ordinance No. 47-86 for Zoning District Change from R1-22 to R1-13.5. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-240, approving the Preliminary Plat of J & L Subdivision for Frank R. Cardarelle. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. City Council Minutes -7- September 16, 1986 the only recommendation that was outstanding. A general discussion followed regarding tree inventories and tree removal during construction by developers as well as the City. VOTE ON THE MOTION: Motion carried unanimously. C. WILSON LEARNING, by Ryan Construction Company of Minnesota, Inc. Request for Planned Unit Development Concept Amend- ment on 60.85 acres, Planned Unit Development District Re- view and Zoning District Amendment with variances within the Office zoning district on 17.19 acres, and Preliminary Plat of 17.19 acres into two lots for construction of a nine-story office building. Location: East of Highway #169, west of Valley View Road, south and west of Flying Cloud Drive. (Resolution #86-241, POD Concept Amendment; Ordi- nance #48 -86, Amending Ordinance #132-84; Resolution #86-242, Approving Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bill McHale, Wayne Bishop, Dick Koppy, and Larry Wilson, representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission first reviewed this project at the August 25th meeting and con- tinued it to the September 8th meeting to allow time for additional information on traffic. He said that, at the September 8th meeting, the Commission recommended approval on a 4-0 vote of the PUD Amendment, rezoning and Preliminary Plat, subject to the recommendations in the Staff Report of August 22, 1986. He referred to his memo of September 5th to the Planning Commission and said the Commission also recommended that a restriction be placed on the outlot for the amount of development expected to occur there, depending on the results of a traffic study to be conducted when a proposal is presented for the outlot. He said that restric- tion was to replace the original Staff recommendation that the undeveloped land area outside that needed for building and parking should be rezoned from Office to Rural. Enger further noted that a traffic study had been done in 1985 for the Vantage Companies that was designed to encom- pass the Major Center Area, and that study indicated there would be problems if the roadways were not upgraded as the area was developed. He said the study recommended that the City make an effort to reduce traffic generation around the Major Center Area, and therefore the Vantage project was required to decrease their originally-proposed development. ;o-taa City Council Minutes -8- September 16, 1986 Enger said that the projected traffic volume for this project is lower than the original estimates and that it will be within the parameters of the 1985 traffic study, including the 20% reduction suggested for the overall Major Center Area. He said, however, that the major concern is with the 6.5 acre remnant parcel not accounted for and that this problem has not been resolved. Bentley asked where the production studios would be locat- ed. McHale said their plans are to keep them in the present location. Pidcock asked about the traffic volume being increased by the people attending classes in the second floor classroom. McHale said all those people come in by bus. Peterson asked Enger to summarize the Staff position rela- tive to the extra parcel. Enger said they are recommend- ing the Council include in the Developer's Agreement, which can be filed against the property, a limitation on the future development of the remnant piece. Enger said that the pro- ponent has a problem with the remnant being returned to Rural zoning, therefore Staff has recommended that proponent return to the City for a site plan review for each individual parcel to be developed on that land. Peterson asked if that meant it would remain zoned as Office with provision for individual parcel site plan review. Enger said that was correct. Anderson asked how many times this sort of thing has occur- red before. Enger said the Hartford project and the Touch of Class building were two examples. Pidcock said she had understood proponent to say that the bank needed all the property to be zoned Office. McHale responded that the deal is structured so that the entire property would be encumbered and that the restriction on future development would be acceptable but the return to Rural zoning would not be acceptable to the New York bank. Peterson asked what kind of accessibility there would be for bus service. McHale said the accessibility is there because the fire department needs access and that Wilson would have a real interest in keeping the traffic volume low. Enger said the ability to have flexible work hours is a very effective transportation management idea as that avoids additional traffic during the rush hour. City Council Minutes -9 - September 16, 1986 Anderson asked if the intersection on Valley View Road and Hwy. 169 will be changed. Enger said he thought it had been suggested that the bridge be widened over Hwy. 169. Pidcock said she thought a concern would be whether we are covered if, for some reason, Wilson Learning pulls out and another tenant moves in. Peterson said he thought the building lends itself to a lower occupancy. McHale said the building is designed so that changes would be diffi- cult. Pidcock referred to the letter from Vantage Companies dated September 8, 1986, and asked if their concerns had been satisfied. Enger replied that they were concerned that Vantage was being treated differently from Wilson as they understood they were constrained by daily average trips rather than peak hour trips. He said he reviewed the documents and determined that both firms were being treated exactly the same. He said the same opportunity exists for Vantage to come in with development on individual parcels. There were no comments from the audience. MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 86-241, approv- ing the Ryan/Wilson Learning PUD Concept Amendment to the overall Wilson Ridge PUD. Motion carried with Bentley abstaining. MOTION: Anderson moved, seconded by Redpath, to give 1st Reading to Ordinance No. 48-86 amending the Ordinance for zoning on the property. Motion carried with Bentley ab- staining. MOTION: Anderson moved, seconded by Redpath, to adopt Resolution No. 86-242, approving the Preliminary Plat of Wilson Learning for Ryan Construction. Motion carried with Bentley abstaining. MOTION: Anderson moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and including, in recordable form, a covenant which would limit the amount of development on the remnant parcel to no more than 20,000 square feet, subject to the completion of a traffic study in order to substantiate additional development beyond the 20,000 square foot limitation. Motion carried with Bentley abstaining. Bentley noted that his abstention was due to a potential business conflict. City Council Minutes -10- September 16, 1986 D. VACATION OF UTILITY EASEMENT - MACHINE PRODUCTS PARCEL - WEST OF WASHINGTON AVENUE, NORTH OF HAMILTON AVENUE (Reso-lution No. 86-250) City Manager Jullie stated notice of this Public Hearing had been published. Director of Public Works Dietz noted that the utility easement for the parcel is no longer necessary. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 86-250 for vaca- tion of the utility easement on the Machine Products Parcel, west of Washington Avenue, north of Hamilton Avenue. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 29577 - 29860 Relative to Claim No. 29689 from Brown Photo, Pidcock asked if it would be possible to get a better deal from another company. City Manager Jullie said he believed that we are getting a special rate. Anderson noted that we have instructed Staff to do business within the City. MOTION: Bentley moved, seconded by Redpath, to approve the Payment of Claims Nos. 29577 - 29860. Roll call vote: Ander- son, Bentley, Pidcock, Redpath and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCE & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Preliminary Plan approval for TN 5 Improvements between Prairie Center Drive and Heritage Road (Resolution No. 86- 249) Director of Public Works Dietz described the preliminary layout for the improvement of Hwy. 5 between Prairie Center Drive and Heritage Road and pointed out some of the features on the drawing of the project. He said there would be a median running down the entire length. He said the improve- ments east of Wallace Road are scheduled for construction next summer and the other phase from Wallace Road west would be started in the spring of 1988. AZ,S City Council Minutes -12- September 16, 1986 Dietz said there is a contingency plan in case the rail- road is abandoned. He described the property that would be purchased by the State under each of the two alterna- tives (with or without the railroad line). He also note d that Hwy. 4 is proposed to be upgraded by the County and he described the plans for the intersection of Hwy. 4 and 5. He said there is a bike trail proposed on the north side of Hwy. 5. A discussion followed regarding the effect o f the improvements on landscaping along the highway. Bentley asked if there were any changes in the location o f the highway on the eastern end near Prairie Center Driv e . Dietz said it would not be significantly changed. Anderson asked if there would be a crossing for the tr a i l - way system that runs down to the creek, as there is no p r o - vision now for going across Hwy. 5. Dietz said there w a s no provision in the current plans but it may be accommo - dated by the plans for Hwy. 212. Bentley suggested Sta f f raise the issue with them and point out the potential p r o b - lem. Pidcock asked if there would be any change to the signal lights at the intersection of Mitchell Road and Hwy. 5 s o that having the sun in your eyes would not be such a pro b - lem. Dietz said there will be changes in that intersec t i o n but he was not sure about the plans for the traffic sign a l s . Anderson expressed concern about the intersection at Wa l l a c e and asked about the plans for that intersection. Dietz said it will be signalized and widened but he was not su r e if there would be provision for a left-turn arrow. And e r - son said he hoped all the intersections would have that and asked if we would get any input on the subject. Die t z replied that we can say something about it but that the State has guidelines that they go by. Dietz said he wou l d find out if the left-turn arrows are included in the pro - posed improvements. Peterson asked what kind of additional encroachment ther e would be at Prairie Village Mall and the property west o f there. Dietz said the construction limits touch the edg e of the parking lot but don't go into it. Peterson asked how many lanes there would be from the intersection seve r a l hundred yards to the west. Dietz said there would be se v e n lanes at the intersection and that it then narrows at Ca r - nelian. 250 City Council Minutes -12- September 16, 1986 Peterson then noted that the original assumption in 1970 was that Hwy. 212 would take away the need for Hwy. 5 to be a major road west of Prairie Village Mall. Dietz said he believed the proposed right-of-way width remains the same for that area. Peterson said the increased traffic volume would cause increased noise and encroachment for the nearby residences. Dietz said that even with Hwy. 212 the traffic volume is expected to increase. A discussion followed regarding the history of planning for Hwy. 5 and the effect on that highway if Hwy. 212 is constructed. Peterson said he objected to losing the greenspace and plantings along Hwy. 5. He said that something was happen- ing to us that we hadn't planned on and it is having an adverse effect on the community. He said that we have planned the community based on the State plans and then they casually change the conditions by not building Hwy. 212. Redpath said he thought these improvements to Hwy. 5 were considered safety improvements and we would be remiss to not take this opportunity to improve Hwy. 5. Pidcock asked if there was anything we could do to force the State to give us more greenspace along the roadway. Dietz said it would have to come from somewhere. Bentley said he thought we should ask them to look at those places where there will be a landscaping/berming problem and try to find an accommodation that will alleviate the problem. Dietz said there is a possibility of replanting some of the trees in the area where grading has to occur. Anderson said he thought we have an opportunity to make plans to improve the view along Hwy. 5 by berming up on the sides, putting in trees and maintaining the grass, but we must put it in the plans now. Peterson said he thought we must be as assertive as possible before this gets to the design stage. Anderson noted that the lighting is impor- tant for night traffic. Dietz noted the conditions included in the proposed reso- lution on Hwy. 5 and said that Staff was particularly con- cerned about maintaining the right-in/right-out entrance to Prairie Village Mall as a means of alleviating left- turn traffic at the Hwy. 4 entrance to the shopping center. Peterson said he would like to see Staff review the impacts of encroachment on existing properties and include in the approval the strongest possible request and recommendation that measures be taken to provide approximately the same level of aesthetic quality as presently exists. a67/7 City Council Minutes -13- September 16, 1986 Peterson then asked where the location of the pedestrian overpass would be. Dietz said he thought it would have to be on the east side of Hwy. 4. Pidcock asked how pedestri- ans would get from the west side of Hwy. 4. Dietz said that an overpass on Hwy. 4 had been discussed but that the signal light at Driskills should help that situation. • MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 86-249, approving the TH 5 layout, subject to the recommendations from Staff and with additional recommendations that a crossing for the trailway system be provided on the eastern end of the improvements, that left-turn arrows be installed at signalized intersections, and that the same level of aesthetic quality as currently exists be maintained along the highway with such items as berming, tree plantings, grass maintenance and lighting. Motion carried unanimously. B. Request from Mary Radcliffe & Lawrence Kapustka regarding Goose Hunt at Olympic Hills This item was continued to the Special Meeting of the City Council on Thursday, September 18, 1986. C. Presentation by Naegele Outdoor Advertising Company on Billboards (Nancy Fletcher) This item was continued to the October 7, 1986 meeting. D. Proposed NSF Transmission Line along Highway 5 This item was continued to the October 7, 1986 meeting. VIII. REPORTS OF ADVISORY COMMISSIONS A. DEVELOPMENT COMMISSION - Request for Joint meeting with City Council City Manager Jullie noted the memorandum from the Develop- ment Commission requesting a joint meeting with the Council. MOTION: Pidcock moved, seconded by Bentley, to set the Joint Meeting with the Development Commission for 6:00 PM, Tuesday, October 21, 1986. Motion carried unanimously. IX. APPOINTMENTS There were no appointments. City Council Minutes September 16, 1986 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1 Charge to Residents' Committee for City Administrative Offices MOTION: Bentley moved, seconded by Redpath, to approve the charge to the Residents' Committee for City Adminis- trative Offices, as put forth in the Staff memorandum. Motion carried unanimously. 2. Pidcock - Letter from Sharon Gluschenko regarding stop signs Pidcock referred to the letter from Sharon Gluschenko requesting that stop signs be put in on Kristie Lane and Debbie Lane. She asked Director of Public Works Dietz to look into the situation and get back to the Council with recommendations. Dietz noted that he had several such requests and suggested that he would put them all together with a discussion on the desirability of using stop signs for speed control and get back within a month. 3. Bentley - Current activities at Welcome Home site Bentley said he had received several calls from resi- dents alarmed about the activities going on at the Welcome Home site. He said that, while $20,000 worth of improvements was originally planned, it appears that over $100,000 worth may have been done and that there has been no accommodation to any of the concerns raised when the issue was first discussed. He said he would like to know what is going on over there. He said he is alarmed about the activities and noted that their request made it clear that this was phase one and that they are planning to expand. Redpath asked if Staff was aware of the situation. City Manager Jullie said that Wayne Sanders had a num- ber of concerns that they didn't seem to know what they were getting into. Bentley said in his opinion what is being done there far exceeds what would qualify to be grandfathered in under the zoning ordinance. Anderson said he would like to have a full report from Staff at the next meeting as to what is going on at that site. 2?.744 City Council Minutes -15- September 16, 1986 Bentley said his major concern now comes down to accessi that is, is there adequate parking and is it going to be accommodated under the rural zoning or under the multiple zoning since they will need a significant amount of parking. He said he thought it should also be fully screened and landscaped. MOTION: Anderson moved, seconded by Bentley, to direct Staff to investigate the activities at the Welcome Home site to determine if those activities were exceeding what is permitted and if there will be sufficient access and landscaping provided. City Attorney Pauly said there were three areas of con- cern: the screening, the hard-surfacing and widening of the driveway to 24 feet and the issue of setback. He said according to a letter from Mr. Sorenson this was just phase one. He said there has been no permit issued for a second phase. Redpath said he would hate to think the Council would approve the building use but then not let them bring it up to code. Bentley said that his point is that this is a land use question and the degree to which there would be a change to that facility impacts the degree to which it can be considered a pre-existing use. Redpath said he would like to hear from Wayne Sanders and Staff about what is going on. Anderson called the question. VOTE ON THE MOTION: Motion carried unanimously. 4. Peterson - Nominations for persons to serve on City Hall Committee Peterson suggested that nominations be deferred until the City budget meeting. He said he had asked for the entire Council to submit names for consideration and had not received any until two days ago. He suggested that if there are any more names to consider, those people should be contacted to see if they would be willing to serve if nominated. MOTION: Bentley moved, seconded by Anderson, to con- tinue this item to coincide with the first budget meet- ing. Motion carried unanimously. City Council Minutes -16- September 16, 1986 B. Report of City Manager Receipt of 1987 City Budget City Manager Jullie suggested a Special Meeting be held on Tuesday, September 23rd to discuss the City. budget. MOTION: Bentley moved, seconded by Pidcock, to set a Special Meeting of the City Council for Tuesday. September 23, 1986, at 6:00 PM for the purpose of discussing the 1987 City budget and the nominations for the City Hall committee. Motion carried unani- mously. 2. City Hall Space Needs City Manager Jullie referred to his memo of Septem- ber 12th summarizing the three alternatives discussed at the last meeting on City Hall space needs. He re- viewed the three alternatives presented as to cost and potential problems and/or benefits. MOTION: Redpath moved, seconded by Anderson, to adopt the recommendation of the City Manager for Alternate III, leasing space for all City Hall departments and for Council Chambers. Peterson said he thought there was merit in the Alter- nate III recommendation but that there also was merit in Alternate II. He said he was still somewhat in favor of Alternate II for the cost savings it repre- sents, inasmuch as the Citizens Committee will be making their recommendation in January or February. Anderson said he felt that the importance of the Staff working together and finding other facilities for the Senior Citizens and PROP overshadows some of the extra costs for Alternate III. He said he thought we were fortunate to have found someone who was willing to lease a part of the present building, thereby helping with some of the expenses. Bentley said he was in favor of Alternate III on the basis of eliminating the other options. He said even though we are considering a three-year option under Alternate III, it would probably be three years before We could move into a building considering the amount of time it would take for the committee process, refer- endum and construction of a new building. 1. 26)71 City Council Minutes -17- September 16, 1986 Pidcock said Alternate II would be her choice. She said she thought there were certain departments that could conveniently be separated without causing undue hardship. Peterson asked if Mr. JulJie could shed any more light on the question of separating the Staff. Jullie said this had been discussed at length in Staff meetings and there was a very strong consensus of all depart- ment heads that Staff should remain together as a unit. He said he thought a situation with separated Staff would put an extra work load on an already heavily- burdened Staff. He said, however, that Staff is ready to follow whatever policy the Council sets out and will perform no matter what the situation is. Peterson asked if the figures in Alternate III reflect the offsetting income from leasing the present facility . Jullie said they did not and that the amount of offset would depend on who would lease the current building. He said, if the entire building were to be leased to the School District, we would eliminate the operating costs in addition to receiving $4 per square foot. He said, however, that he thought we might end up using a portion of the building for some of the community services outlined in Director of Community Services Lambert's memo of September 4th. Peterson said he would like to get a close approxi- mation of the income we might derive from leasing City Hall. Jullie replied that he thought we could get $20,000 in income and could cut our maintenance costs at the present City Hall by half. Redpath called the question. VOTE ON THE MOTION: Motion carried unanimously. C. Report of City Attorney City Attorney Pauly reported on the opinion received fro m the Attorney General which concluded that the State stat u t e that provides for the filing of campaign reports includi n g campaign contributions and expenditures does not apply t o cities having a population of less than 20,000 at the ti m e of the dicennial census. He noted that enforcement of t h o s e statutes is in the County Attorney's office. Pauly said the Attorney General's opinion also concluded that the City would have the authority to regulate and City Council Minutes -18- September 16, 1986 impose restrictions on campaign contributions and expendi- tures, subject to constitutional restraints, and that the City could require more frequent and detailed finance dis- closure reports than those imposed by the State statutes. Bentley noted that we have the coming election, the 1988 election and the 1990 election before the 1990 census is certified and the campaign spending laws come into effect. He said that it would probably not be wise, or even possible, at this point to write new ordinances effective for the cur- rent period but that this is an issue we should probably look at after the first of the year when the new Council is sworn in. He suggested that Staff remember this topic and bring it up for discussion and possible action sometime shortly after the first of the year. Peterson said he would like to get the consensus of the Council regarding the existing resolution that provides for all campaign contributions to be listed by amount and donor ten days prior to the election and that no contributions are to be received for a period of ten days prior to and ten days after an election. He said he felt this was im- possible to enforce and, therefore, ineffective. Redpath explained the history behind the existing resolu- tion. Pauly noted that, according to the Attorney General, the City could adopt an ordinance that would limit contribu- tions, but not expenditures. Pidcock said she thought the current resolution was stupid. Peterson then asked if the consensus was that we set the resolution aside or that we retain portions of it. Bentley said he thought the resolution is not a binding one and that it is a function of each individual to look at that resolution and decide what he will do about it however, he did not think it would be a good idea to just arbitrarily remove the entire resolution. Peterson said he thought the resolution, as it stands, leaves candidates open to unfair criticism if they choose to not reveal their campaign con- tributions. Pidcock said she thought it wasn't wise to clutter the books with resolutions that are unenforceable or that don't make sense. MOTION: Pidcock moved, seconded by Redpath, to rescind Resolution No. 79-135. Motion carried with Bentley opposed. Bentley said he voted against the motion because he thought the intent of the resolution is that campaign contributions .2 6)3 261q City Council Minutes -19- September 16, 1986 be brought forward and, if those contributions are made public, whether within the stipulated time frame of ten days or not, the spirit of the resolution is adhered to. Pidcock said that we could have something on the books that had the spirit of disclosure and that had a few more teeth in it than the previous one. She said perhaps Mr. Pauly could suggest something that would carry the spirit of dis- closure. Redpath said he thought we should cane up with something better before we are forced to because of the population increase. Pauly also noted that he had learned in the last few days that Woodlake Sanitary Services has withdrawn its applica- tion to the E.Q.B. for a variance from the permit require- ments for expansion. He said this appears to put us back to square one. D. Report of Director of Public Works 1. Award Contract for Bluffs East 4th, I.C. 52-096 (Reso- ution No. 86-251) Director of Public Works Dietz reviewed the bids re- ceived for improvements in the Bluffs East 4th Addition and noted the recommendation to award the contract to Kenko, Inc., as the lowest bidder. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 86-251, accepting the bid of $879,514.04 from Kenko, Inc. as the lowest responsible bidder for I.C. 52-096, Bluffs East 4th Addition, Franlo Road & Utility extensions. Motion carried unanimously. XI. NEW BUSINESS There was none. XII. ADJOURNMENT MOTION: Redpath moved, seconded by Bentley, to adjourn the meeting at 11:15 P. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST October 21, 1986 CONTRACTOR (MULTI-FAMILY & COMM.) Giesen Construction, Inc. Oakwood Builders, Inc. CONTRACTOR (1 & 2 FAMILY) Country Oaks Construction Countryside Four, Inc. M &L Construction Post Construction Company John Rohs Construction CIGARETTES Amaco Food Shop PLUMBING Grupe Mechanical Contractors, Inc. SEPTIC SYSTEMS M. Praught Drilling, Inc. WELL DRILLING M. Praught Drilling, Inc. TYPE C FOOD Amaco Food Shop Pat Solie, Licensing These licenses have been approved by the department heads responsible for the licensed activity. This is an Agreement made this day of October, 1986 between the City of Eden Prairie, a Minnesota municipal corpora- tion (the "City"), Douglas Corporation a Minnesota corporation 0 and Independent School District No. 272 a Minnesota Public School Corporation (hereinafter collectively referred to as the "Owners"). A. The Owners hold title to certain real property legally described as Research Farm 3rd Addition, 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"). B. The Owners desire to develop the Property in such . a manner that will require the construction of Research Road from Anderson Lakes Parkway to the West boundary of the Property as shown on the plat of Research Farm 3rd Addition. C. In addition to construction of Research Road develop- ment of the Property requires construction of curb and gutter, the construction of storm sewer, and the construction of an 8' bituminous pathway on one side of Research Road and a 5' concrete sidewalk on the other side (hereinafter collectively 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. Page -2- • AGREEMENTS It is hereby agreed as follows: 1. The Owners consent to the levying of an assessment against the Property for the construction of the Improvements. The Owners shall dedicate the right-of-way necessary for the Improvements. 2. Research Road shall be constructed as a 32 foot wide collector street with curb and gutter. The cost to be assessed against the Property will be the cost to construct Research Road as stated above and all the other Improvements referred to in Paragraph C plus administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of all the Improvements. 3. The assessment shall be levied against the Property as follows: (a) 50% of the assessment shall be levied against Lot 1, Block 1 Research Farm 3rd Addition; and (b) 50% of the assessment shall be levied against Outlots B and C Research Farm 3rd Addition. 4. The City's assessment records for the Property will show the assessment as a "pending assessment" until levied. 5. The Owners waive notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. Carl J. Jullie Its City Manager DOUGLAS CORPORATION, A Minnesota Corporation BY: Its President Page -3- 6. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed exceeds the • amount of the assessment to be levied against the Property. The Owners waive all right they have by virtue of Minnesota Statutes §429.081 or otherwise challenge the amount or validity of the assessment, or the procedures used by the City in apportioning the assessment 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 assessment. CITY OF EDEN PRAIRIE, A Minnesota Municipal Corporation BY: Gary p, Peterson Its Mayor BY: INDEPENDENT SCHOOL DISTRICT NO. 272 A Minnesota Public School Corporation BY: Its Clerk A5-27 „75?9 Page -4- 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. Jullie the City Manager of City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrumeAt was acknowledged before me this day of , 1986, by the President of Douglas Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , by the Clerk of Independent School District No. 272, a Minnesota public school corporation, on behalf of the corporation. Notary Public SPECIAL ASSESSMENT AGREEMENT This is an Agreement made this day of October, 1986 11 between the City of Eden Prairie, a Minnesota municipal corpora- tion (the "City"), and Prairie Lutheran Church (hereinafter referred to as the "Owner"). A. The Owner holds 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 (here- inafter referred to as the "Property") and is described on Exhibit "A" attached hereto and made a part hereof. B. The Owner desires to develop the Property in such a manner that will require the construction of Blossom Road and certain utilities connected therewith. C. The development of the Property requires the construc- tion of Blossom Road including grading, paving, curb and gutter and the construction of utilities including storm sewer, water main and sanitary sewer (hereinafter collectively referred to as the "Improvements"). D. City and Owner 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: The Owner consents to the levying of an assessment against the property for the construction of the Improvements. Page -2- 2. Blossom Road shall be constructed as a 28 foot wide residential street, including curb and gutter and all utilities referred to In Paragraph C. For purposes of determining the amount of the assessment, the cost of the Improvements shall include the cost to construct Blossom Road as stated above and all other Improvements referred to in Paragraph C plus admini- strative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Improve- ments. 3. The cost to be assessed against the Property shall be the share determined in the feasibility report to be prepared for the Improvements but in any event shall not be less than one-half (1) of the costs of the Improvements in Paragraph 2. 4. The City's assessment records for the Property will show the assessment as a "pending assessment" until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment levied against the Property. The Owner waives all right it has by virtue of Minnesota Statutes §429.081 or otherwise challenge the amount or vailidity of the assess- ments, or the procedures used by the City in apportioning the assessment and hereby releases the City, its officers, agents BY: Gary D. Peterson Its Mayor BY: Carl J. Jullie Its City Manager PRAIRIE LUTHERAN CHURCH BY: It s BY: Its Va and employees from any and all liability related to or arising out of the imposition or levying of the assessment. CITY OF EDEN PRAIRIE, A Minnesota Municipal Corporation Page -4- 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. Jullie the City Manager of City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF The foregoing instrument was acknowledged before me this , 1986, by and by day of the the of Prairie Lutheran Church, a Minnesota corpora- tion, on behalf of the corporation. Notary Public 25113 EXHIBIT "A" Lots 1, 2, 3, 24, 25, 26, 27 and 28, Eden Prairie Acres, according to the recorded plat thereof Hennepin County, Minnesota. The Northerly lines of Lots 1, 2, 3, 24 and 25 are subject to an application to register title described as follows: The Northerly line of Lots 1, 2, 3, 24 and 25 is the Southerly line of Hennepin County State Aid Highway No. 1, as shown on Hennepin County Highway Plat No. 6, Book 70 of Hennepin County. Records, page 3837760. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-264 A RESOLUTION APPROVING FINAL PLAT OF BAYPOINT TWO WHEREAS, the plat of Baypoint Two 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 Baypoint Two is approved upon compliance with the recommendation of the City Engineer's report on this plat dated October 14, 1986. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on October 21, 1986. Gary D. Peterson, Mayor ATTEST SEAL John D. Franc, Clerk CITY OF.EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT 11/ TO: THROUGH: FROM: DATE: SUBJECT: Mayor and City Council Members Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician October 14, 1986 BAYPOINT TWO PROPOSAL: The Developer, Miller Companies has requested City Council approval of the final plat of Baypoint Two which is located south of Anderson Lakes Parkway and west of Center Way in the north 1/2 of Section 23. The plat contains 8.1 acres to be divided into three lots for the construction of two buildings for a total of 124 residential units. This project was originally presented (1981) as Preserve Condominiums 3 and 4. HISTORY: The Preliminary plat was approved by the City Council on October 6, 1981, per Resolution 81-201 Zoning to RM-2.5 was finally read and approved by the City Council on December 15, 1981 per Ordinance 81-21. The Developer's Agreement referred to within this report was executed on December 15, 1981. VARIANCES: A variance from the requirements of City Code 12.20, Subdivision 2, A, waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: A connection of the municipal water system between Anderson Lakes Parkway and the present terminus of Center Way has been proposed. This water main will be publicly owned and maintained with easements covering the utility to be shown on the final plat. Drainage and utility easements, consistant with City Code requirements, must be shown on all property lines. The dedication of right-of-way consistant with City standards must be provided to enable the installation of the Center Way turn- around. All easements and right-of-way described above must be shown on the final plat prior to City release. 2 6r? Park dedication shall conform to City Code requirements. Bonding for municipal utilities and streets must conform to City Code requirements. The water main and street turn-around described previoulsy must be included for bonding. Recommend approval of the final plat of Baypoint Two subject to the requirements of this report, the Developer's Agreement, And the following: 1. Receipt of street sign fee in the amount of $130M. 2. Receipt of street lighting fee in the amount of $922.00. 3. Receipt of Engineering fee in the amount of $4,960.00 4. Revision of the plat to include all casements and right-of- way previously described. Steve Ludwig, Miller Companies Robert Sikich, Suburban Engineering ORDINANCE NO. 50-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2.05 RELATING TO THE SALARIES OF MAYOR AND COUNCIL MEMBERS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.05 shall be and is amended to read as follows: SEC. 2.05. SALARIES OF MAYOR AND COUNCIL MEMBERS. Subd. 1. The monthly salary of the Mayor shall be $400.00 (until December 31, 1986 and shall be $500.00 thereafter.) Subd. 2. The monthly salary of each Council member shall be $300.00 (until December 31, 1986, and shall be $400.00 thereafter.) Subd. 3. In addition to the above, the Mayor and each Council member shall be paid a reasonable sum for each day plus the reasonable expenses incurred while traveling outside the City on business of the City. Subd. 4. Salary adjustments shall become effective on January 1 of the year following the next regular election which is preceded by amendment of this Subdivision. FIRST READ at a regular meeting of the City Council of Eden Prairie on the 7th day of October, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21st day of October, 1986. Mayor Gary D. Peterson ATTEST: John D. Frane, City Clerk Douglas Corporation II/ POD-DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1986, by Douglas Corporation, a Minnesota corporation, hereinafter referred to, as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development (PUD) Concept of approximately 68+ acres for development of a corporate headquarters to include office, warehouse, and manufacturing uses, 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 approving said Planned Unit Development Concept by adoption of Resolution #86-35, Developer covenants and agrees to development 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 July 1, 1986, and attached hereto as Exhibit 6, 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 acknowledges that the proposal of Developer does not conform to the uses allowed on the property by the Comprehensive Guide Plan for the City. Therefore, Developer agrees that concurrent with submission of the first application for the development of the property, Developer shall submit to the City Manager, and receive the Manager's approval of materials and information for a Comprehensive Guide Plan Amendment request for the property, which shall include substantiation provided by the Developer for the request in accordance with standard City, Metropolitan Council, and state statutory requirements for such a request. Developer agrees to include all Open Space areas as depicted in ,26-14 • Exhibit B, attached hereto, as Open Space in the Comprehensiv e G u i d e Plan Amendment request for the property. Upon approval by the City Manager of said materials and inform a t i o n , Developer agrees to submit said materials for review and appro v a l b y the City and Metropolitan Council, and receive the approval o f t h e City and Metropolitan Council, in accordance with statutory p u b l i c hearing process requirements and requirements of the City C o d e . 3. Developer acknowledges that each subsequent phase of developm e n t o f the property shall be reviewed through the statutory public h e a r i n g process, in accordance with City Code requirements, for r e z o n i n g , platting, and/or site plan review, by the City Planning Com m i s s i o n , City Parks, Recreation, and Natural Resources Commission, a n d C i t y Council. Developer agrees to submit to the City Manager, and rec e i v e t h e Manager's approval of any information necessary for City t o r e v i e w each subsequent phase of development of the property for pur p o s e s o f rezoning, platting, and/or site plan review, including, b u t n o t limited to architectural elevations, site plan data, grad i n g a n d utility plans, landscaping and screening plans, flood pl a i n a n d shoreland management plans. Upon approval by the City Manager of said information, D e v e l o p e r agrees to submit said plans, as approved and required b y t h e Manager, to the City for review by the City Planning Commission, City Parks, Recreation, and Natural Resources Commission, a n d C i t y Council, in accordance with statutory public hearing p r o c e s s requirements and requirements of the City Code. 4. Concurrent with submission of the first application for deve l o p m e n t of the property, Developer agrees to submit to the City Manag e r , a n d receive the Manager's approval of information and material s f o r a design framework manual for the property, which shall inclu d e , b u t not be limited to lighting, signage, exterior materials, land s c a p i n g materials, screening materials, construction phasing, traff i c a n d pedestrian circulation, open space uses. Upon approval by the City Manager of said design framework m a n u a l information and materials, Developer agrees to submit s a i d information and materials to the City for review and to re c e i v e t h e approval of the City of said information and mater i a l s , i n accordance with statutory public hearing process requirem e n t s a n d requirements of the City Code. 5. Concurrent with the first submission for development of the property, Developer agrees to illustrate on the PUD Conc e p t P l a n that portion of the property that will be purchased and dev e l o p e d b y School District #272 as a school site in the future. 6. Developer and City acknowledge that, in addition to the c r i t e r i a listed above, the following criteria are required condition s o f t h e development of the property in accordance with the Plan n e d U n i t Development Concept approval granted herein. It is further acknowledged by Developer and City that the following shall serve as guidelines for any future development of the property: A. Parking setbacks shall be a minimum of 75 ft. for parking along any streets on the property. B. Measures shall be employed, such as additional landscaping materials, to downplay the physical mass of the structures depicted in Exhibit B, attached hereto. C. Scenic easements shall be dedicated to the City, free and clear of any liens, mortgages, or other encumbrances, for that part of the property overlooking Purgatory Creek, only. Open space on the balance of the property will be conserved through a combination of private covenants and site development. D. All loading dock areas shall be completely enclosed, with a roof. E. A master landscaping plan shall be submitted by •the Developer for the entire property. Berms and landscape buffers shall be constructed in advance of each phase of the development on the property so that an effective visual barrier for screening purposes shall be in place at the time of construction of each phase of the development. F. Berming and landscaping shall be installed to buffer the buildings from the adjacent residential area. Berming and landscaping shall also be installed to effectively screen parking areas from all other differing adjacent uses and' public roads, in accordance with requirements of the City Code. G. The landscaping for the •property shall provide for adequate screening of the parking and loading facilities. It is acknowledged that this may require more than the minimum required caliper inches of the City Code as charted for building size, and may require Developer to provide additional landscaping materials and berming in order to meet the screening criteria of the City Code for these areas of the development on the property. H. Concurrent with the first final plat for the property, Developer shall dedicate 70 ft. of right-of-way for the new north-south road located between Anderson Lakes Parkway and the Hennepin County Vocational-Technical School to the south of the property, as depicted in Exhibit B, attached hereto. I. Developer shall construct an eight-foot wide bituminous trail and a five-foot wide, five inch think concrete sidewalk along the new north-south road as depicted in Exhibit B, attached hereto. In addition, five-foot wide, five-inch thick concrete sidewalk connections shall be constructed between each building phase, the parking areas, and public sidewalks along the new north-south road as depicted in Exhibit B. J. The objective of Developer is to ground mount all major mechanical equipment and to screen said equipment in accordance with City Code requirements. All incidental rooftop mechanical equipment shall be architecturally integrated with the design of the buildings. Any screening materials used for said mechanical equipment shall be compatible with materials used on the exterior of the structure. Wood shall not be used. K. A study model of the development will be provided by the Developer concurrent with the first submission for development on the property. L. The structures will be office-like in appearance, with exterior materials of brick and glass. M. Cash park fees shall be paid, or land shall be dedicated to the City, in accordance with each phase of development of the property. 7. Developer and City acknowledge the following criteria to be required conditions of the development of the property in accordance with the Subdivision requirements of Chapter 12 of the City Code. It is further acknowledged by Developer and City that the following shall serve as guidelines for any future development of the property: A. Developer acknowledges that trunk sewer and water assessments have been assessed in connection with the property. The anticipated amount of said assessments is subject to revision based on final utilization of the land. B. Hydrant spacing and watermain looping shall be submitted to the Fire Marshall review and shall receive the Fire Marshall's approval. C. Developer acknowledges that an existing 12-inch water main along existing Research Road on the property has not been indicated on Exhibit El, attached hereto. Developer acknowledges that portions of said water main must be relocated in order to enable the development of the property in accordance with Exhibit B, attached hereto. Developer therefore agrees to revise any future utility and development plans for the property to accommodate said water main with, or without, relocation. D. Catch basin spacing shall not exceed 500 ft. E. Developer and City acknowledge that complete development of the property is dependent upon the ability of Developer to obtain access to the east-west road servicing the Hennepin . County Vocational-Technical School, which intersects with Highway #169 at a signalized location. Developer agrees to cooperate with the City and the Hennepin County Vocational- Technical School to coordinate the north-south road connection, as depicted in Exhibit B, attached hereto; thereby providing access to said road from the property. F. The design of the north-south road, as depicted in Exhibit B, attached hereto, shall be a minimum of 37 ft. ,wide, industrial standard, subject to width increase , based on a traffic study of the development. Developer agrees to be responsible for the cost of said traffic study. G. Realigned Research Road between Anderson Lakes Parkway and Purgatory Creek, as depicted in Exhibit B, attached hereto, shall be constructed as a collector road and shall be 32 ft, wide. Developer agrees to construct said portion of realigned Research Road concurrent with the first phase Of development of the property. H. Concurrent with the first : phase of development of the property, Developer agrees to submit a legal description and an official request to the City for vacation of Research Road, consistent with Exhibit B„attached hereto. Developer acknowledges that private utility relocation maybe required due to said vacation. I. Developer acknowledges that the preliminary review of the proposed development of ''the property cannot :addres all engineering and public improvement issues As the level of detail of information available At this time is not Adequate to address all such 'Issues. Therefore; , Developer anticipates further requirements as detailed information is submitted to the City for review. 291? .259q J & L Subdivision CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 47-86 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 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. 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 7th day of October, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21st day of October, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Lots 14 and 15, Eden Prairie Acres, lying North of the South 410• feet thereof, all in Hennepin County, Minnesota 23 • PRAIRIE: J & L Subdivision CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-267 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 47-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 47-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of October, 1986; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN: A. That the text of the summary of Ordinance No. 47-86, 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. 47-86 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 October 21, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 25% /s/Gary D. Peterson Mayor /s/John D. Frane City Clerk PUBLISHED in the Eden Prairie News on the day of , 1986. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 47-86 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 southeast quadrant of Blossom Road and Bennett Place, known as J & L Subdivision -, from the R1-22 District to the R1-13.5 District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication: ATTEST: (A full copy of the text of this Ordinance is available from the City Clerk.) Reuter dROF CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 52-86 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 Public District and be placed in the 1-2 Park District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the 1-2 Park 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. 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 7th day of October, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21st day of October, 1986. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Page 1 Of 2 LEGAL DESCRIPTION That part of the Northwest Quarte r o f t h e N o r t h w e s t Q u a r t e r o f Section 3, Township 111, Range 22, described as follows : B e g i n n i n g a-. the Northwest Corner of said S e c t i o n 3 , T o w n s h i p 1 1 6 , R a n g e 2 2 ; thence Easterly along the North l i n e o f S e c t i o n 3 , a d i s t a n c e o f 211.42 feet; thence Southerly at a d e f l e c t i o n a n g l e o f 9 1 d e g r e e s 21 minutes to the right, along the a p p r o x i m a t e f l o w l i n e o f c r e e k , a distance of 200.21 feet; then c e a t a d e f l e c t i o n a n g l e o f 4 4 degrees 29 minutes to the left, al o n g t h e a p p r o x i m a t e f l o w l i n e o f creek, a distance of 102.8 feet; t h e n c e a t a d e f l e c t i o n a n g l e o f 26 degrees 4C minutes to the left, along the app r o x i m a t e f l o w l i n e of creek, a distance of 224.44 fe e t t o i t s i n t e r s e c t i o n w i t h t h e Northwesterly right-of-way line o f t h e C h i c a g o , M i l w a u k e e , S t . Paul and Pacific Railroad; the n c e S o u t h w e s t e r l y a l o n g s a i d railroad right-of-way line to a p o i n t o n s a i d r i g h t - o f - w a y l i n e distant 300.0 feet Northeaste r l y a n d m e a s u r e d a l o n g s a i d , right-of-way line from the West li n e o f S e c t i o n 3 ; t h e n c e W e s t e r l y 231.2 feet, more or less, to a poi n t o n t h e W e s t l i n e o f S e c t i o n 3 distant 145.0 feet North and mea s u r e d a l o n g s a i d W e s t l i n e o f Section 3 from its intersect i o n w i t h t h e N o r t h w e s t e r l y right-of-way of the above mention e d r a i l r o a d ; t h e n c e N o r t h a l o n g the West line of Section 3, a di s t a n c e o f 6 3 9 . 4 6 f e e t , m o r e o r less, to the point of beginning. A l l t h a t p a r t o f t h e N o r t h e a s t Quarter of the Northeast Quarter o f S e c t i o n 4 , T o w n s h i p 1 1 6 , R a n g e 22 bounded as follows, to-wit: on t h e N o r t h b y t h e t o w n s h i p l i n e dividing said Township 116 from To w n s h i p 1 1 7 ; o n t h e W e s t b y t h e county road crossina said North e a s t Q u a r t e r o f t h e N o r t h e a s t Quarter on the south by a line dc a w n p a r a l l e l t o a n d d i s t a n t 5 0 feet Northerly from the center of t h e s p u r t r a c k o f t h e C h i c a g o , Milwaukee, St. Paul and Pacific R a i l r o a d l e a d i n g f r o m i t s m a i n line to the power plant of the H e n n e p i n C o u n t y T u b e r c u l o s i s Sanatorium on said Northeast Quarte r o f t h e N o r t h e a s t Q u a r t e r ; a n d on the East by the section line dividing sai d S e c t i o n 4 f r o m Section 3 in said Township 116, R a n g e 2 2 , c o n t a i n i n g a p p r o x i m a t e l y 5 acres more or less. EXCEPTING, all of that part of S e c t i o n s 3 a n d 4 , T o w n s h i p 1 1 6 North, Range 22 West described a s f o l l o w s : B e g i n n i n g a t t h e Northwest corner of section 3, To w n s h i p 1 1 6 N o r t h , R a n g e 2 2 W e s t ; thence Southerly measured along t h e s e c t i o n l i n e b e t w e e n s a i d Sections 3 and 4 a distance of 3 1 1 . 5 5 f e e t t o a p o i n t , t h e n c e Westerly measured at right angles t o s a i d S e c t i o n l i n e a d i s t a n c e of 38.1 feet to the actual p o i n t o f b e g i n n i n g ; t h e n c e Southwesterly at a deflection ang l e t o t h e l e f t o f 3 2 d e g r e e s 1 7 minutes with the last described li n e t o a p o i n t i n t h e c e n t e r l i n e of a town road (formerly Hennepi n C o u n t y R o a d N o . 6 7 ) l o c a t e d i n the Northeast Quarter of the No r t h e a s t Q u a r t e r o f S e c t i o n 4 , Township 116 North, Range 22 West a n d d i s t a n t 5 0 6 . 9 feet Southerly measured along the center line o f s a i d t o w n r o a d f r o m t h e N o r t h line of said Section 4; thence S o u t h e r l y m e a s u r e d a l o n g t h e centerline of said town road a d i s t a n c e o f 1 0 8 . 3 5 f e e t , m o r e o r less, to its intersection with th e c e n t e r l i n e o f a s p u r t r a c k o f the Chicago, Milwaukee, St. Paul a n d P a c i f i c R a i l r o a d ; t h e n c e Easterly along the centerline of s a i d t r a c k a d i s t a n c e o f 3 3 5 . 1 feet, more or less, to a, point o n t h e s e c t i o n l i n e b e t w e e n Sections 3 and 4, Township 111 Nor t h , R a n g e 2 2 W e s t d i s t a n t 6 6 8 . 8 1 ';.ect Southerly from the Northwes t c o r n e r o f S e c t i o n 3 , T o w n s h i p Ill North, Range 22 West as measured along said sectio n l i n e ; thence Northerly along said section line a distance of 29 . 3 5 f e e t , to a point distant 639.46 feet Southerly from the Northwest c o r n e r of Section 3 as measured along s a i d s e c t i o n l i n e ; t h e n c e a t a deflection angle to the right of 7 6 d e g r e e s 3 6 m i n u t e s a d i s t a n c e . of 161.57 feet; thence at a defl e c t i o n a n g l e t o t h e l e f t o f 1 0 8 degrees 51 minutes a distanc e o f 2 5 3 . 3 8 f e e t ; t h e n c e a t a deflection angle to the right of 9 0 d e g r e e s 0 0 m i n u t e s a d i s t a n c e of 0.4 feet; thence at a defle c t i o n a n g l e t o t h e l e f t o f 9 0 )699 Exhibit A Page 2 of 2 degrees a distance of 86.42 feet; t h e n c e a t a d e f l e c t i o n a n g l e t o the left of 45 degrees 00 minute s a distance of 14.15 feet to the actual point of beginning. EXCEPT c o e d e n d r a i l r o a d r i g h t - o f - w a y . All that part of Sections 3 and 4 , T o w n s h i p 1 1 6 N o r t h , R a n g e 2 2 West, described as follows: Begi n n i n g a t t h e N o r t h w e s t c o r n e r o f Section 3, Township 116 North, R a n g e 2 2 W e s t ; t h e n c e S o u t h e r l y measured along the section line b e t w e e n s a i d S e c t i o n s 3 a n d 4 a distance of 311.55 feet to a poi n t ; t h e n c e W e s t e r l y m e a s u r e d a t right angles to said section lin e a d i s t a n c e o f 3 8 . 1 f e e t t o t h e actual point of beginning; thenc e S o u t h w e s t e r l y a t a d e f l e c t i o n angle to the left of 32 degrees 1 7 m i n u t e s w i t h t h e l a s t d e s c r i b e d line to a point in the center l i n e o f a t o w n r o a d ( f o r m e r l y Hennepin County Road No. 67) loc a t e d i n t h e N o r t h e a s t Q u a r t e r o f the Northeast Quarter of Section 4 , T o w n s h i p 1 1 6 N o r t h , R a n g e 2 2 West and distant 506.9 feet sout h e r l y m e a s u r e d a l o n g t h e c e n t e r line of said town road from the N o r t i f l i n e o f s a i d S e c t i o n 4 ; thence southerly measured along t h e c e n t e r l i n e o f s a i d t o w n r o a d a distance of 108.35 feet, more o r l e s s , t o i t s i n t e r s e c t i o n w i t h the center line of a spur track o f t h e C h i c a g o , M i l w a u k e e , S t . Paul and pacific Railroad; thenc e E a s t e r l y a l o n g t h e c e n t e r l i n e of said spur track a distance of 3 3 5 . 1 f e e t , m o r e o r l e s s , t o a point in the section line betwee n S e c t i o n s 3 a n d 4 , T o w n s h i p 1 1 6 North, Range 22 West distant 6 6 8 . 8 1 f e e t s o u t h e r l y f r o m t h e Northwest corner of Section 3, To w n s h i p 1 1 6 N o r t h , R a n g e 2 2 W e s t as measured along said section li n e ; t h e n c e N o r t h e r l y a l o n g s a i d section line a distance of 29.35 f e e t t o a p o i n t d i s t a n t 6 3 9 . 4 6 feet southerly from the Northwest c o r n e r o f S e c t i o n 3 a s m e a s u r e d along said section line; thence at a d e f l e c t i o n a n g l e t o t h e r i g h t of 76 degrees 36 minutes a dista n c e o f 1 6 1 . 5 7 f e e t ; t h e n c e a t a deflection angle to the left of 1 0 8 d e g r e e s 5 1 m i n u t e s a d i s t a n c e of 253.38 feet; thence at a defl e c t i o n a n g l e t o t h e r i g h t o f 9 0 degrees 30 minutes a distance of 0 . 4 f e e t ; t h e n c e a t a d e f l e c t i o n angle to the left of 90 degrees , 0 0 m i n u t e s a d i s t a n c e o f 8 6 . 4 2 feet; thence at a deflection an g l e t o t h e l e f t o f 4 5 d e g r e e s 0 0 minutes a distance of 14.15 feet t o t h e a c t u a l p o i n t o f b e g i n n i n g . EXCEPT road and railroad right-o f - w a y , t o g e t h e r w i t h p a r t y w a l l easement recorded in deed docume n t d a t e d A p r i l 4 , 1 9 5 8 , f i l e d f o r record September 4, 1958, in the O f f i c e o f t h e R e g i s t r a r o f D e e d s in Book 2179, Page 346. That part of Section 3, Towns h i p 1 1 6 , R a n g e 2 2 d e s c r i b e d a s follows: Commencing at the in t e r s e c t i o n o f t h e W e s t l i n e o f Section 3 and the Northwesterly l i n e o f C h i c a g o , M i l w a u k e e , S t . Paul and Pacific Railroad right- o f - w a y ; t h e n c e n o r t h e a s t e r l y a l o n g said right-of-way line 300 feet; t h e n c e w e s t e r l y t o a p o i n t i n t h e westerly line of Section 3, 1 4 5 f e e t n o r t h o f t h e p o i n t o f beginning; thence South to the po i n t o f b e g i n n i n g . That part of the Northeast .Quarter of the Northeast Quarter o f Sec:ion 4, Township 116, Range 2 2 , l y i n g e a s t e r l y o f B i r c h I s l a n d Road and northerly of Chicago, M i l w a u k e e , S t . P a u l a n d P a c i f i c Railroad right-of-way and souther l y o f a l i n e p a r a l l e l w i t h a n d S O feet nortnerly from the center l i n e o f t h e s p u r t r a c k o f t h e Chicago, milwaukee, St. Paul and P a c i f i c R a i l r o a d . ;Z OO Reuter dRDF CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-268 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 52-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY • WHEREAS, Ordinance No. 52-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of October, 1986; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 'EDEN A. That the text of the _sumniary of Ordinance No. 52 7 86, which is attached hereto, is approved, and the City Council finds thatsaid text clearly informs the public of the intent and effect Of said ordinance. B. That said text shall be published once in the Edenjirairie 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. 52-86 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. PRAIRIE: ADOPTED by the City Council on October 21, 1986. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 2401 Reuter dROF CITY Of EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 52-86 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 allOWt ireioning of land locatedin the southeast corner of County Road f67 and Indian -:-Chief Road, known as Renter dila, from the Public District to the 1-2 Park District, :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 City Clerk /s/Gary D. Peterson Mayor PUBLISHED in the Eden Prairie News on the day of , 1986. OA full copy of the text of this Ordinance is available from the City Clerk.) 2 &Oa Parkway Office Service Center DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of t h i s day of , 1986, by and between Contract Lodg i n g CorpJration, a Minnesota corporation, transferees of the property a s d e s c r i b e d i n the developer's agreement between Allyn A. Lindstrom and Gladys B . L i n d s t r o m , husband and wife, and the City of Eden Prairie, for Parkway Office Se r v i c e C e n t e r , dated March 4, 1986, and the City of Eden Prairie, a municipal c o r p o r a t i o n , hereinafter referred to as "City;" WHEREAS, Allyn A. Lindstrom and Gladys B. Lindstrom and City made a n d entered into a Developer's Agreement, dated March 4, 1986, for Pa r k w a y O f f i c e Service Center (the "Developer's Agreement") and Contract Lodging Co r p o r a t i o n h a s succeeded to all of the rights and interests in the lands included wi t h i n P a r k w a y Office Service Center, previously owned by Allyn A. Lindstrom a n d G l a d y s B . Lindstrom; and, WHEREAS, the parties desire to amend said agreement for a portion o f t h e property referred to in said agreement, that portion of the proper t y b e i n g a s described in Exhibit A, attached hereto and made a part hereof; NOW, THEREFORE, it is agreed by and between the parties thereto as foll o w s : 1. The Developer's Agreement shall be and hereby is supplemented and amend e d i n the following respects: Paragraph 1. shall be amended to read as follows: Owner shall develop the property in conformance with the revised material dated (22t2 1.22r_15,_p_a_§, reviewed and approved as amended by the City Council Ofiiktoer-1-21—,- 1986, and attached hereto as Exhibit (.)6,03 B, subject to such changes and modifications as provided herein. Contract Lodging Corporation agrees to all of the terms and cond i t i o n s a n d accepts the obligations of the "Owner" under the Developer's Agr e e m e n t , a s amended and supplemented herein. Q6011 2GOS EXHIBIT A Legal descriptions for propos e d r e z o n i n g of 0.utlot G. Lake Eden (PLAT LEGAL) Proposed Lot 1 (commercial). Outlot G, except that part l y i n g E a s t e r l y a n d S o u t h e r l y o f a line described as follows; Commencing at the Southeas t c o r n e r o f s a i d o u t l o t G , . thence westerly, along the S o u t h l i n e o f s a i d O u t l e t C . o n an assumed bearing of Sou t h 8 9 d e g r e e s 2 7 m i n u t e s 5 6 seconds West, a distance o f 1 3 2 . 0 0 feet to the point of beginning; thence North 30 d e g r e e s 00 minutes 00 seconds West a distance of 132.00 fee t ; t h e n c e N o r t h a d i s t a n c e o f 157.00 feet; thence East a distance of 138.00 feet to t h e East line of said Outlot G an d t h e r e t e r m i n a t i n g . Proposed Lot 2 (office) That part of Outlot G lyin g E a s t e r l y a n d S o u t h e y o f .a line: described as follows; Commencing at the Southeas t c o r n e r o f S a i d O u t l o t G , thence westerly, along the So u t h l i n e o f s a i d O u t l e t C , o n an assumed bearing of sout h 1 9 d e g r e e s 2 7 m i n u t e s 5 6 seconds West, a distance o f 1 1 2 4 0 f e e t t o -the point of beginning; thence North 30 degrees 00 minuteS 00 se:ands West a distance of 132.00 fee t ; t h e n c e -North 4 distance of 1 .57_00 feet; thence East a dis t a n c e o f 1 1 8 . 0 1 f e e t t o t h e East line of said Outlet G an d t h e r e t e r m i n a t i n g . Wilson Learning Center Ryan Construction PUD-DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1986, by Ryan Construction Company of Minnesota, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, City previously entered into an agreement for development of the property (as hereinafter defined) and additional land between Wilson Ridge Joint Venture, a general partnership consisting of Welsh Construction Company, a Minnesota corporation, and Wilson Learning Center, a Delaware corporation, and City, said previous agreement between Wilson Ridge Joint Venture and City described below and as follows: A May 11, 1984, agreement for 60.85 acres of land, approving Planned Unit Development Concept Amendment on 60.85 acres, and approving Planned Unit Development District Review and Zoning District Change from Rural to #24-84- PUD-3-84-Office, for 18.64 acres, with variances, and also approving rezoning from Rural to #24-84-PUD-3-84-I-2-Park for 5.42 acres of the land; and, WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment to the Wilson Ridge Planned Unit Development, Planned Unit Development District Review and Zoning District Amendment for 17.19 acres to the PUD-8-86-Office District, with variance for height to allow for a nine-story structure, and Preliminary Plat of 17.19 acres into two lots for construction of a nine-story office building, 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 #48-86-PUD- ,604 8-86-Office, 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 September 16, 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. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat by the City, Developer agrees to enter into a recordable covenant on the property through which Developer shall agree to conform to the findings and conclusions of the 1985 BRW traffic study, attached hereto as Exhibit D, and hereby made a part hereof, with respect to the property. In addition, Developer shall agree through said covenant to comply with and adhere to the traffic study as completed by Westwood Planning and Engineering of 1986, attached hereto as Exhibit E, and made a part hereof, which states that development of Lots 1 and 2 are generating traffic so as to absorb the majority of assigned trips as depicted by the 1985 BRW traffic study for the property. 4. Developer agrees that, prior to development, or construction upon, any portion of Lot 2, as depicted on Exhibit B, attached hereto, Developer shall submit to the City, and receive the City's approval of, a traffic study which indicates a 20% reduction in the P. M. peak hour traffic for both Lots 1 and 2, as depicted on Exhibit B, consistent with the 1985 BRW traffic study regarding the property. The study shall be performed by a registered professional traffic engineer. The purpose of the study is to measure the P. M. peak hour traffic flow from the Wilson Learning building and the traffic expected upon development of a specific use on the vacant lot of the property. The combined P. M. peak hour traffic generated from both lots shall not exceed the total P. M. peak hour traffic forecast for the property in the 1985 BRW traffic study, minus 20%. If the P. M. peak hour traffic exceeds the 1985 BRW traffic study forecast, mitigative measures acceptable to the City shall be taken by the Developer to reduce the traffic to be in conformance with the 1985 BRW traffic study forecast prior to any development taking place on Lot 2, as depicted in Exhibit B, attached hereto. Said traffic study shall be submitted for review and approval by the Planning Commission and City Council. Developer agrees to submit to the City, and receive the City's approval of any information necessary for City to review proposed development upon Lot 2, a s depicted in Exhibit B, for purposes of rezoning, platting, and/or site plan review, including, but not limited to, architectura l elevations, site plan data, grading, and utility plans, landscapi n g and screening plans, flood plain and shoreland management plans , etc. Upon approval by the City of said information, Developer agrees t o submit said plans, as approved and required by the City, to the Cit y Planning Commission, City Parks, Recreation, and Natural Resource s Commission, and City Council for review and action, in accordanc e with statutory public hearing process requirements of the City Code . 5. 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 upon the property , Developer agrees to implement erosion control measures and adequat e protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developer must call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 6. Developer agrees to confine grading to that area of the proper t y within the construction limits as shown on Exhibit B. Develope r shall place snow fencing at the construction limits within t h e wooded areas of the property prior to any grading upon the property . 7. Prior to issuance of any grading permit, Developer shall submit t o the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area an d within 25 ft. outside of the construction area, indicating the size , type, and location of all trees twelve (12) inches in diameter, o r greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of th e construction area, Developer agrees that prior to issuance of an y building permit for the property, Developer shall submit to th e Director of Planning, and receive the Director's approval of a replacement plan for all trees removed, damaged, or destroye d outside of the construction area. Developer further agrees tha t said trees shall be replaced by similar tree species and that th e trees used for replacement shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree replacement plan is required, Developer agrees that, prior to issuance of any building permit, to submit a bond, or letter of credit, guaranteeing completion of all tree replacement work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 8. 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. 9. Prior to issuance of any building permit on the property, Developer shall submit to the Director of Planning, and receive the Director's approval of: A. Samples of all exterior building materials to be used on the property. B. A mechanical equipment screening plan, which depicts all ground, or roof-mounted, mecchanical equipment to be screened in a manner which is architecturally integral with the building on the property. C. An overall plan for lighting on the property. D. An overall signage plan for the property. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those plans and materials listed above, as approved by the Director of Planning. 10. Prior to issuance of any building permit on the property, Developer shall submit to the Director of Community Services, and receive the Director's approval of plans for an eight-foot wide bituminous trail on the property, as depicted in Exhibit B, attached hereto, which shall connect to the existing trail on the Computer Depot site to the north. 11. Concurrent with building construction on the property, Developer agrees to implement the February, 1984, reforestation plan for Outlot E, Wilson Ridge Business Campus, as referred to in the May . 11, 1984, Developer's Agreement for the property. 12. Developer agrees that the property shall be developed in accordance with that certain developer's agreement dated May 11, 1984, as herein amended, except to the extent that said agreement is inconsistent with this Agreement. Such agreement is incorporated herein by reference. Planned Unit Development 3-84-Office-I-2-Park, approved by the City Council, is hereby amended to the extent that it is inconsistent with this Agreement. Wilson Learning Center Ryan Construction CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 48-86-PUD-8-86 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 PUD-3-84-Office District and be placed in the Planned Unit Development 8-86-Office District (hereinafter "PUD 8-86-Office"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of October 21, 1986, entered into between Ryan Construction Company of Minnesota, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 6-86-Office, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 6-86-Office is not in conflict with the goals of the Guide Plan of the City. B. PUD 6-86-Office 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 6-86-Office, are justified by the design of the development described therein. D. PUD 6-86-Office 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 PUD-3-84-Office District and shall be included hereafter in the Planned Unit Development 6-86-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 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 2(011 ATTEST: John O. Frane., City Clerk Gary D. Titerson, Mayor PUBLISHED in the Eden Prairie News on the day of 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 16th day of September, 1986, and finally read and adopted and ord e r e d published at a regular meeting of the City Council of said City on the 21st da y o f October-, 1986. 2413 Exhibit A PARCEL A That part of Lot 1, Block 1, WILSON RIDGE according to the p l a t o n file and of record in the office of the County Recorder, Hennepin ' County, Minnesota lying southwesterly Of A line described as follows: Commencing at the Northwest corner of' saidLot I; thence -North 7.8 ; degrees 55.minutes 07 seconds East, assumed bearing, along th e n o r t h linenf said-Lot 1 a distance of 46.00 feet to the beginning e f t h e line to be described; thence South AO degrees 20 minutes 39 s e c o n d s East a distande of 895.43 feet to the southeasterly line of s a i d L O t 1, and said line there terminating PARCEL B That::part of Lot 1, Block 1, WILSON RIDGE according to the p l a t o n • fileand of record in the office of the County Recorder, He n n e p i n County, Minnesota lying northeasterly of a line described as f o l l o w s : Commencing at the Northwest corner of said Lot 1; thence Nor t h 7 8 degrees 55 minutes 07 seconds East, assumed bearing, along t h e n o r t h line of said Lot 1 a distance of 46.00 feet to the beginning o f t h e line to be described; thence South 40 degrees 20 minutes 39 . s e c o n d s East 4 distance of 895.43 feet to the southeasterly line of said Lo t 1, and said line there terminating. ATTEST: Frane, City Clerk 24.10 Wilson Learning Center Ryan Construction CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-270 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 48-86-PUD-8-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 48-86-PUD-8-86 was -adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of June, 1986; : Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ciTroF EDEN PRAIR'1E That the text of the summary Of Ordinance No. 48-86-PUD-8-86, 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. That said text shall be published once in the -Hen Prairie News - in a body type no smaller than brevier or eight-point type; as defined in Minn. Stat. sec. 331.07. 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. 48-86-PUD-8-86 shall be recorded in the ordinance book, along with proof of publication required by paragraph 8 herein, within 20 days after said publication. Gary D. Peterson, Mayor ADOPTED by the City Council on October 21, 1986. Effective Date: This Ordinance Shall take effect upon publication. ATTEST: /s/John D. Frane City Clerk /s/Gary1).• Peterson 'Mayor PUBLISHED in the Eden Prairie News on the day of (A full copy of the text of this Ordinance is available from the City Clerk. Alt5 Wilson Learning Center Ryan Construction ' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 48-86-PUII-846 AN ORDINANCE OF:THE CITY OF EDEN PRAIRIE, MINNESOTA,REMOVING CERTAIN LAND FR O M O N ZONING DISTRICT AND PLACING IT IN ANOTHER', AMENDING THE LEGAL DESCRIPTIONSO F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE'VW 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: Summary: r This Ordinance allows rezoning of land located east of Highway f169, west of Valley View Road', south and west of Flying Cloud Drive from the PUD-344:Dffice Zoning District to the PUD4-86 Office Zoning District, subject to the terms: and condition's of a developer's 'agreement. Exhibit A, included w i t h this Ordinance gives the full legal description Of this property. Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director fo Public Works 2 Rodney W. Rue, Design Engineei.fLW 4 \ October 17, 1986 Continued Public Hearing for I.C. 52-087 The public hearing on August 19, 1986 was continued to allow time for the residents to meet and form an alliance.': In the meantime, they have hired consUltaWto assist them in submitting a plan and applying for an appropriate zoning change. Until theirproposed -zOning change: i5 either ApprOved or 'denied, the residents are ncit.:Willing to support either optionalewer ,alignment since the zoning will ultimately determine What can be done tOjhese lots. If the zonin'gAs approved, the residents will likely submit a new petition for streets and utilities Because of the uncertainties of the land use changes And desire's of the neighborhood residents, it is recommended that the public hearing be closed and that the project be referred back to staff and a new public hearing be scheduled subsequent to Council consideration of the potential rezoning proposal for this neighborhood. THROUGH:, FROM: DATE: SUBJECT: WI 1 u 25 • NOTICE OF SECOND PROTEST OF PROPOSED ASSESSMENT FOR PROPOSED IMPROVEMENT • CONTRACT 52-087 FOP SAnITARY srwEn AND WATER ON LOT IDENTIFIED 1P PROPOSAL AS P I D NO, 10-116-22210045 This paper constitutes notice under MSA 429.061 of •vrerS' continuing objection to the proponcd assessnent. The miners, under this section, hereby request that the County Auditor, or the County Treasurr, aath, case may be, give them railed notice of any assessment notices that are published in connection with this proposed improvement. The assessment proposed for prcperty alleged to be henefitted by the proposed I C 52-087 is not apnlicable to P I D No, 10-116-22 210045, The property is used as a residential site and is already effentively served with sanitary sewer and water. The appurtenant section referenced as, "The remaining portion of Lot 5, Block 2 Forest Knolls 2d Addition" is not available for building of a separate residential unit thereon since it is subject to the attached Protective Covenant Nos. 1252089 and 4343065, as noted in the owners' previous Notice of Protest. In th., prior Notice of Protest the owners pointed out that the property In ocrt ;:r unl:•,;11:lablo ar.:! hence subject to exemption fron the assessment. The net 'yrt'. In the prior Notice of Protect are still applicable. In addition, th•2 fellowin considerations als- aplys (1) All of the property that 13 alleged to bc within the benefitted area In not ireludel in the assessment. The aaja ,ent portion ef the lot in question is in the rear and has a home.on it that is own ,1 by Mr. ard Mrs. Cary Treanor. Of fl 0.L.01 ( 2) If the Treanor portion of the lot under the Protective Covenant is deemed to be benefitted by the new project, the notices given for the hearings on this matter are inadequate. If the Treanor portion of the lct is :Ict de,:med tc be benefitted by the new sewer project, then the owners' portion of the lot which is similarly situated, and which is at the same elevation and grade as the Treanor portion of the lot, and of Forest !!l'lc Road, can net be benefitted by it either. (4) The Treanor house is connected to the water and newer via Forest Hills Road and is adequately served by this connection. In the event a home could ever be built cn the owners' portico. of the lot, it could just as readily connect to the water and sewer trunk down Forest Iills Road. The fact the sewage from the owners' lot may flow toward Baker Road rather than down F)rest Rsad nsnyeys no special benefit to the property. (5) The cost of connecting the owners' portion of the lot would be less via Forest Hills Road than via the new sewer pro,fect. Thus, the added cost exceeds the nrojected added bene'lt to the property. (The Cost Sheet distributed by the City ineicates that the " Green Line" extension required'toservice the lots in op.;?..:dion would cost $7,090. but the pro -rated share charged to th ,7 1:tAnstion to $12.59C. Th costs of the massive prcject City as an exi:arded proposal beyond the original petition nuh:,:!ttod by landowners on Bnl,er Road for service involv ,s costs that are peculiarly associated with the heavily travelled Eacr Road, future plottinj and expansi:n pans advanced by the and uneven terrain. These special costs need not be incurred to service the owners' property which is level and may be cornected from the service connection to the Treanor house on the other portion of the divided lot under the Protective Covenant even If a house could ever be built on it. 0 / 1,.j, (7) The .,two-. lots owned by Mr. Gjersvik across the "road easement" are not similarly situated. They are substantially lower than the ..-.0Wners'- lot, and are below the level of Forest Hills Road. . All cf the added costs cf the proposed "Green Line" extension, therefore, are, required only by the two Gjersvik lots, and they benefit .cnly his lots. This "Creen Line" extension was proposed at the .first meeting on this matter, tc which the owners of the lot in question. were not invited. At this meeting, Mr. Cjersvik also volunteered the surgestion the owners' lot be assessed to help pay part of, -these costs which benefit only his lots. The owners, therefore, pretest the proposed Special AsteSstent for..the reasons noted: herein and in the prior attached Notice ofProtest, and respectfully petition for an exemption from the assessment for the'reASonS ' noted. Glenn V. Bowen K ren A. Bowen 26,e,5 MEMORANDUM TO: THROUGH: FROM: DATE: RE: Mayor and City Council Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works October 15, 1986 Crestwood Terrace Paving Improvements, I.C. 51-079 At the August 19, 1986 meeting, the City Council continued the Public Hearing ' for the proposed improvement of Crestwood Terrace. Attached is a copy of a memorandum that I sent to the residents of the neighborhood, which summarizes the results of the August 19th meeting. Included with that memorandum, an application for assessment of the improvements was provided. The application form provided that the residents would be assessed approximately $540.00, which would be collected with taxes over a five year period beginning in 1988. The price reflects the reduced nature of the project -- paving of the graveled section of the street only. To date, 32 of the applications have been returned, with one returned application indicating they were not in favor of the project (Sean and Ginger Flaten). Three other residents indicated that they are in favor of the assessment, but qualified their statement to limit the amount of the assessment of approximately $600.00. It should be noted that the larger parcels along the unpaved section of Crestwood Terrace would have an assessment of $1,080.00. At least two people indicated that they were concerned that only those people signing the application would be assessed, while those not signing the application would not have to pay. I assured those residents that if the Council chooses to proceed with the project, a uniform assessment method would be devised for all the property owners. Finally, at least two residents expressed their concern about the proposed maintenance schedule for the paved section of Crestwood Terrace. Since it is the desire to pave only the gravel section of the roadway, I told the property owners that additional maintenance to the paved section would be scheduled on a priority basis with other streets in the community. This answer was met with some skepticism which led to an additional question -- "If the overlay of the roadway was so important when the residents were going to pay for it, why isn't it as crucial when it will become a City expense?". The answer given is that we have over 150 miles of streets to maintain in Eden Prairie and that we will continue to perform maintenance on those that are in the poorest condition first. For the reasons given at the initial Public Hearing, it would have been a good idea to provide an overlay for the paved section of Crestwood Terrace. However, this street section is not our worst maintenance problem and receives very little traffic volume and is therefore not scheduled for an overlay next year. At this time, we have not made a schedule for future years. Even though we did not receive a 100% response, it appears that the majority of the property owners are willing to be assessed for paving of the graveled section of Crestwood Terrace. I therefore recommend that Council order the reduced form of the improvement and authorize the Public Works Department to proceed with construction during the summer of 1987. EAD:jdp Attachments ItZ TO: Residents of: Maplewood Park Estates Crestwood "73" Addition R.L.S. 1410 FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: September 15, 1986 RE: Paving of Crestwood Terrace I.C. 52-079 At the public hearing for the proposed upgrading of Crestwood Terrace (August 19, 1986), those residents in attendance were opposed to the improvement of the extsting paved streets in your neighborhood using special assessment procedures. Furthermore, the Council was told that the intention of the petition that was submitted for the project was that only the graveled section of the road be paved and that everyone understood that the entire neighborhood would be sharing in the cost. As a result of this discussion, the City Council instructed the Engineering Division to provide additional information to the residents that are to be affected and to secure the agreement of the residents that they would be willing to pay for assessments for the upgrading of the graveled section only. The total estimated assessable cost for paving the gravel section of Crestwood Terrace is $30,000. Utilizing the lot unit approach as suggested in the feasibility report results in approximately $540 per lot unit. For those 5 parcels immediately adjacent to the unpaved section, 2 lot units would result in approximately $1,080 per parcel. Since the proposed assessment is expected to be less than half of the original estimate, we will be recommending to the City Council that the assessment period be reduced to 5 years instead of 10 as proposed in the feasibility report. Based on the above information, please sign the attached form, which indicates your agreement to being assessed for the paving of the gravel section of Crestwood Terrace. Your prompt attention to this matter is necessary, since the City Council continued the public hearing until the October 21st meeting. It is my opinion that the City Council's expectation is that each property owner will sign the agreement prior to the project proceeding to completion. If you have any questions about this matter, please call me at your convenience. EAD:sg CITY OF EDEN PRAIRIE APPLICATION FOR ASSESSMENT OF IMPROVEMENTS TO CRESTWOOD TERRACE The undersigned hereby requests that the City of Eden Prairie assess the following property for paving improvements to Crestaood Terrace (gravel section only). It is understood that the cost is estimated to be $540 and would be collected with taxes over a five (S) year period beginning in 1988. (Actual costs to City will be assessed). Owner's Name: Address: Street City Telephone Number: Prbperty Address: Street Legal Description(s) State Zip Code The undersigned consents to the levying of assessments on account of ne paving of Crestwood Terrace and waives notice of the assessment hearing at which hearing the assessment is to be considered by the City Council ,ind thereafter approved and levied. The undersigned waives all rights under M.S.A. Sec. 429.081, 444.075 or otherwise to challenge the amount or validity of the a.isessments or the procedures used by the City in levying the assessments and hereby releases the City, its offici.:rs, agents :lid empl9p4.s from any and all liability related to or arising out of the hvying of the assessments in accordance with this application. Date: Owner Owner (All owners and spouses must sign application.) Return to: City of Eden Prairie Engineering Division 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Attn: Sharon Gagnon DISTRIBUTIONS BY FUND 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE ?SCAM PARK FEES 311,PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 45 UTILITY DEBT FO ARB 47 80 G 0 DEBT FUND 51 IMPROVEMENT CONST FD 55 IMPROVEMENT DEBT FUND ARB 57 ROAD IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 90 TAX INCREMENT FUND $1771684.81 200082.94 1076.34 50040.81 38436.00 420.00 13636.83 304758.99 154762.01 128648.86 227626.61 412713.49 117985.46 32029.45 89375.02 92.00 30337 30338 30339 41 340 341 30342 30343 30344 30345 30346 30347 30348 30349 30350 30351 30352 30353 30354 30355 30356 30357 30358 30359 30360 30361 30362 30363 30364 365 166 4367 30368 30369 30370 30371 30372 30373 30374 30375 30376 MINNESOTA REC & PARK ASSN PETTY CASH HOPKINS POSTMASTER ROBERT & CONNIE BLAD ROBERT & MAVIS HENDRICKSON DANIEL & KATHY HORSFALL BARBARA E DANIELSON AMERICAN RED CROSS SUPPLEES 7 HI ENTER INC ED PHILLIPS & SONS CO EAGLE WINE CO EAGLE 01ST CO PRIOR WINE CO QUALITY WINE CO TWIN CITY WINE CO MARK VII SALES NORTHERN STATES POWER CO COMMUNITY ACTION FOR SUBURBAN HEN PETTY CASH MN DEPT OF PUBLIC SAFETY DALE & AUDREY LOMMEN STATE OF MINNESOTA BUDGET RENT-A-TRUCK FEDERAL RESERVE BANK COMMISSIONER OF REVENUE DEPARTMENT OF EMPLOYEE RELATIONS DEPARTMENT OF EMPLOYEE RELATIONS GROUP HEALTH PLAN INC MEDCENTERS HEALTH PLAN INC PHYSICIANS HEALTH PLAN MINNESOTA STATE RETIREMENT SYSTEM GREAT WEST LIFE ASSURANCE CO ICMA RETIREMENT GROUP PERA INTL UNION OF OPERATING ENG MET SPORT CENTER PE RA CITY-COUNTY CREDIT UNION NORWEST BANK MINNEAPOLIS NA PRUDENTIAL INSURANCE CO 30377 AT & T INFORMATION SYSTEMS 30378 MINNESOTA GAS CO 30379 NORTHERN STATES POWER CO 30380 PUBLIC SECTOR CONSULTANTS 30381 U S POSTMASTER 30382 COMMERCIAL LIFE INSURANCE 30383 BEER WHOLESALERS INC 30384 COCA COLA BOTTLING CO 30385 DAY DISTRIBUTING CO 30386 EAST SIDE BEVERAGE CO 30387 KIRSCH DISTRIBUTING CO 30388 MARK VII SALES 30389 PEPSI/7-UP BOTTLING CO (1 90 ROYAL CROWN BEVERAGE CO 16682630 OCTOBER 21,1986 FALL FOOTBALL LEAGUE-COMMUNITY CENTER PETTY CASH FUND-COMMUNITY CENTER POSTAGE-UTILITY BILLING EASEMENT FOR WALKWAY/BIKEWAY-PARK DEPT EASEMENT FOR WALKWAY/BIKEWAY-PARK DEPT EASEMENT FOR WALKWAY/BIKEWAY-PARK DEPT EASEMENT FOR WALKWAY/BIKEWAY-PARK DEPT COURSE REGISTRATION-COMMUNITY CENTER OCTOBER RENT-LIQUOR STORE WINE WINE LIQUOR WINE WINE WINE WINE SERVICE CONFERENCE-PLANNING DEPT PETTY CASH FUND-CITY HALL MOTOR VEHICLE REGISTRATION EASEMENT FOR WALKWAY/BIKEWAY-PARK DEPT LICENSE RENEWAL-WATER DEPT VAN RENTAL-CITY HALL PAYROLL 10-3-86 PAYROLL 10-3-86 PAYROLL 10-3-86 PAYROLL 10-3-86 OCTOBER HEALTH INSURANCE OCTOBER HEALTH INSURANCE OCTOBER HEALTH INSURANCE PAYROLL 10-3-86 PAYROLL 10-3-86 PAYROLL 10-3-86 OCTOBER INSURANCE PREMIUM OCTOBER UNION DUES TICKETS TO MBA GAME/FEES PD PAYROLL 10-3-86 PAYROLL 10-3-86 PAYROLL 10-3-86 -OCTOBER SUPPLEMENTAL LIFE INSURANCE PREMIUMS SERVICE SERVICE SERVICE VIDEO TAPE-POLICE DEPT POSTAGE-FIRE DEPT OCTOBER BASIC LIFE INSURANCE PREMIUMS BEER MIX BEER BEER BEER BEER MIX MIX 285.00 40.00 93.09 61.61 961.46 90.00 90.75 35.00 4223.00 5297.83 733.88 4746.99 2443.36 3174.99 5046.63 65.00 1494.48 30.00 69.13 30.00 490.68 10.00 56.95 23174.32 9844.09 18452.78 175.34 2286.95 6131.65 13110.66 10.00 5058.00 760.00 63.00 693.00 46.00 19829.84 2363.13 600.00 684.82 10.65 246.46 5.14 43.95 220.00 214.65 4691.05 503.55 4595.35 8929.25 320.20 13388.19 663.45 141.00 OCTOBER 21,1986 30391 30392 30393 ir 394 ll,395 30396 30397 30398 30399 30400 30401 30402 30403 30404 30405 30406 30407 30408 THORPE DISTRIBUTING CO MR & MRS WILLIAM MARSHALL JR SHAW-LUNDQUIST ASSOC INC DANA GIBBS BRETT BAUMANN DAYNA BLAIR VERONICA CHERNE GINA CREVIER NATHAN J EICHMAN MELANIE GILLIS CLAIRE M HILGEMAN JEFF HILGEMAN ANN PARKER KATE ROBILLARD CHRISTY WALL NORTHERN STATES POWER CO NORTHWESTERN BELL TELEPHONE CO LOIS BOETTCHER 30409 HOPKINS POSTMASTER 30410 KEITH WALL 30411 EAGLE DIST CO 30412 ED PHILLIPS & SONS CO 30413 PRIOR WINE CO 30414 TWIN CITY WINE CO 30415 QUALITY WINE CO 30416 MARK VII SALES 30417 THORPE DISTRIBUTING CO .114 18 PAUSTIS & SONS CO 19 CAPITOL CITY DISTRIBUTING CO 420 MET SPORT CENTER 30421 ENEBAK CONSTRUCTION 30422 RICHARD KNUTSON INC 30423 NODLAND CONSTRUCTION CO 30424 A COMMERCIAL DOOR CO 30425 A & H WELDING & MFG CO 30426 A TO Z RENTAL CENTER 30427 ABBY'S RESTAURANT 30428 ACRO-MINNESOTA INC 30429 BRADLEY ADAMS 30430 AMERICAN DISTRICT TELEGRAPH CO 30431 AMERICAN LINEN SUPPLY CO 30432 AMERICAN TEST CENTER 30433 EARL F ANDERSEN & ASSOC INC 30434 ROBERT L ARNDT 30435 ASSOCIATED ASPHALT INC 30436 ASTLEFORD INTL INC 30437 AUTO CENTRAL SUPPLY 30438 AUTOMOBILE SERVICE CO 30439 BACHMANS 30440 BARTLEY SALES COMPANY INC 30441 BATTERY & TIRE WAREHOUSE INC 30442 BLACK & VEATCH ir 43 RICK BOLINISKI 68067067 BEER EASEMENT FOR WALKWAY/BIKEWAY-PARK DEPT SERVICE-WATER TREATMENT PLANT ADDITIONS PACKET DELIVERIES REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SKATING LESSONS REFUND-STRENGTH TRAINING CLASS REFUND-STRENGTH TRAINING CLASS REFUND-STILLWATER TRIP REFUND-LIFE SAVING LESSONS REFUND-SKATING LESSONS SERVICE SERVICE -SERVICE-PARK & REC COMMISSION MEETING OF 9/15/86 POSTAGE-HALLOWEEN FLYERS CONFERENCE-POLICE DEPT LIQUOR LIQUOR WINE LIQUOR LIQUOR WINE WINE WINE WINE ICE CAPADES TICKETS/FEES PD SERVICE-TECHNOLOGY DRIVE SERVICE-ANDERSON LAKES PARKWAY SERVICE-WYNDHAM KNOLL TRANSMITTERS FOR PUBLIC SAFETY GARAGE BRACKET ASSEMBLY-POLICE DEPT EQUIPMENT RENTAL-STREET MAINTENANCE EXPENSES-COMMUNITY CENTER OFFICE SUPPLIES TENNIS INSTRUCTOR/FEES PD FIRE ALARM & SECURTIY SYSTEM-WATER PLANT MOP/DUSTER-LIQUOR STORE TEST & INSPECTION OF FIRE DEPT EQUIPMENT -SIGNS/STERLING FIELD PLAY STRUCTURE- ELECTIONS/STREET DEPT & PARK DEPT AUGUST & SEPTEMBER 86 CUSTODIAL SERVICES ASPHALT-STREET MAINTENANCE EQUIPMENT PARTS-STREET MAINTENANCE EQUIPMENT PARTS-PARK MAINTENANCE AUTO REPAIRS & PARTS-STREET MAINTENANCE FLOWERS-CITY HALL WARDROBE CLOSET-POLICE DEPT BATTERIES-STREET MAINTENANCE SERVICE-WATER TREATMENT PLANT EXPANSION MILEAGE 9751.75 816.50 228485.80 78.00 4.00 12.00 6.00 16.00 6.00 16.00 .15.00 15.00 17.50 13.00 16.00 12491.87 3835.90 12.00 250.08 329.53 4867.35 3755.45 3134.82 3466.10 2334.59 281.00 52.35 615.24 104.81 186.00 112893.25 82242.43 117627.96 45.40 268.00 19.08 11.25 752.23 84.00 239.00 9.05 2550.00 10097.75 400.00 2584.36 48.75 42.49 85.48 48.84 49.00 169.52 75369.19 48.00 OCTOBER 21,1986 30444 LEE BRANDT 30445 BRAUN ENG TESTING INC 446 BROWN PHOTO 4:1 147 MAXINE BRUECK 0448 BRYAN ROCK PRODUCTS INC 30449 BURNER SERVICE & COMBUSTION CONTR 30450 CARDOX CORP 30451 CARLSON'S TREE SERVICE 30452 CENTEX HOMES 30453 CHANHASSEN ELECTRIC INC 30454 CHAPIN PUBLISHING CO 30455 MARK CHARLES INC 30456 CLUTCH & TRANSMISSION SER INC 30457 CLUTCH & U-JOINT BURNSVILLE INC 30458 CONSULTING GROUP 30459 CONTROL DATA BUSINESS ADVISORS 30460 CONWAY FIRE & SAFETY INC 30461 COPY EQUIPMENT INC 30462 COUNTRY CLUB MARKET INC 30463 THE COW'S OUTSIDE 30464 CROWN RUBBER STAMP CO 30465 CULLIGAN 30466 CURTIS INDUSTRIES C 1 67 CUTLER-MAGNER COMPANY ,68 DALCO 30469 CRAIG W DAWSON 30470 DEVOE PAINT 30471 DIG IT RENTALS 30472 DIRECT SAFETY COMPANY 30473 JENNIFER DRESSEN 30474 JENNIFER DRESSEN 30475 DRISKILLS SUPER VALU 30476 DRISKILLS SUPER VALU 30477 JEFF DUNFORD 30478 DUSTCOATING INC 30479 EARL'S ART & DRAFTING SUPPLIES IN 30480 EDEN PRAIRIE APPLIANCE 30481 EDEN PRAIRIE CLEANERS 30482 EDEN PRAIRIE TRASHTRONICS 30483 CITY OF EDINA 30484 EDITH FINHOLT 30485 FIRE INSTRUCTORS ASSN OF MN 30486 FITNESS ASSOCIATES INC 30487 FLOYD SECURITY 30488 FOUR STAR BAR & RESTAURANT SUPPLY 30489 FOX VALLEY SYSTEMS INC 30490 REV FREEMAN 0491 LYNDELL FREY ( 32 RONALD L FUNK SOFTBALL OFFICIAL/FEES PD SERVICE-TECHNOLOGY DRIVE EXTENSION FILM PROCESSING MILEAGE ROCK-STREET MAINTENANCE & PARK MAINTENANCE THERMOMETERS-COMMUNITY CENTER CHEMICALS-WATER DEPT TREE REMOVAL-FORESTRY DEPT REFUND-BUILDING PERMIT -SECURITY DOOR INSPECTION-PUBLIC SAFETY BUILDING LEGAL ADS-BLUFFS WEST/LIME SLUDGE REMOVAL REFUND-BUILDING PERMIT CLUTCH PACK/FLYWHEEL MACHINE-STREET DEPT SHAFT-STREET MAINTENANCE SEPTEMBER CONSULTING SERVICE-POLICE DEPT -CONSULTING SERVICES-DIRECTOR OF HUMAN RESOURCES HELMETS-FIRE DEPT -REPAIR PARTS/TAPE/FILM-ENGINEERING DEPT & ASSESSING DEPT SUPPLIES-CITY HALL & POLICE DEPT PAGER CASES-FIRE DEPT DATE STAMP-ENGINEERING DEPT WATER SOFTNER-SENIOR CENTER -RECEPTACLE PLUG/DISC/CRIMPING TOOL/ -RETAINER/METAL DIVIDER/CARBON CLEANER- STREET MAINTENANCE & PARK MAINTENANCE QUICKLIME-WATER DEPT -CLEANING SUPPLIES-PUBLIC SAFETY & COMMUNITY CENTER MEETING EXPENSES PAINT/BRUSHES-WATER DEPT EQUIPMENT RENTAL-STREET MAINTENANCE CABINET-FIRE DEPT MILEAGE SUPPLIES-COMMUNITY CENTER EXPENSES-CITY HALL EXPENSES-FIRE DEPT TENNIS INSTRUCTOR/FEES PD CHLORIDE-STREET MAINTENANCE SUPPLIES-PLANNING DEPT MICROWAVE REPAIRS-PUBLIC SAFETY BLDG DRYCLEANING-FIRE DEPT TRASH DISPOSAL-CITY HALL SEPTEMBER 86 WATER TESTS SUPPLIES-SUNBONNET DAYS TRAINING SUPPLIES-FIRE DEPT STRESS TESTS-FIRE DEPT SUPPLIES-LIQUOR STORE SUPPLIES-LIQUOR STORE PAINT-STREET MAINTENANCE RADIO EQUIPMENT-POLICE DEPT MILEAGE EXPENSES-POLICE DEPT 210.00 177.00 154.77 22.75 3872.68 41.32 200.00 175.00 1863.75 320.00 217.56 50.00 273.54 140.00 100.00 410.50 75.00 148.80 218.36 44.95 48.37 31.36 437.10 3189.34 364.00 31.75 141.79 850.00 498.00 127.42 23.40 181.12 27.82 288.00 2112.00 7.23 135.60 63.00 345.00 132.50 19.04 20.00 200.00 5.00 516.20 109.04 225.00 131.25 40.31 1901662 26.W.1 OCTOBER 21,1986 30493 G & K SERVICES (494 4496 195 GENERAL COMMUNICATIONS INC DARRELL GEDNEY GOODYEAR TRUCK TIRE CENTERS 30497 GOPHER OIL COMPANY THE GOPHER SHOOTER'S SUPPLY CO IN 30498 30499 GREATER MPLS AREA 30500 DOUG GREEN 30501 GREENKEEPER INC 30502 GROSS OFFICE SUPPLY 30503 HALE COMPANY INC 30504 HENNEPIN CTY CHIEFS OF POLICE 30505 HENN CTY DEPT OF PROPERTY TAX 30506 HENNEPIN COUNTY 30507 HENNEPIN COUNTY PUBLIC RECORDS 30508 HENN CTY SHERIFF'S DEPT 30509 HENNEPIN TECHNICAL CENTERS 30510 EUGENE A HICKOK & ASSOC 30511 HOFFERS INC 30512 HONEYWELL INC 30513 IBM 30514 IBM 30515 ICMA RETIREMENT GROUP 30516 INDEPENDENT SCHOOL DIST #272 INDUSTRIAL LIGHTING SUPPLY INC INTL. OFFICE SYSTEMS INC JM OFFICE PRODUCTS INC JM OFFICE PRODUCTS INC JET PHOTO LABS JET PHOTO LABS BARBARA JOHNSON CARL JULLIE KARULF HARDWARE INC 30526 KNOX LUMBER CO 30527 KOSS PAINT & WALLPAPER INC 30528 KRAEMERS HOME CENTER 30529 ROBERT LAMBERT 30530 LANCE 30531 BOB LANZI 30532 LATHROP PAINT SUPPLY CO 30533 LEEF BROS INC 30534 LEEF BROS INC 30535 LONG LAKE FORD TRACTOR 30536 LOUISVILLE LANDFILL INC NEAL LUHMAN LUND ASPHALT CONSTRUCTION CO 2201053 -TOWELS/COVERALLS-LIQUOR STORE/PARKS DEPT/ WATER DEPT HOCKEY OFFICIAL/FEES PD RADIO REPAIRS & PARTS-STREET MAINTENANCE TIRES-STREET MAINTENANCE LUBRIPLATE GREASE-WATER DEPT AMMUNITION-POLICE DEPT 1987 DUES-ASSESSING DEPT HOCKEY OFFICIAL/FEES PD -WINTERIZATION OF LAWN SPRINKLER SYSTEM- PUBLIC SAFETY BUILDING OFFICE SUPPLIES-FIRE DEPT PUMP REPAIRS-STREET MAINTENANCE CONFERENCE-POLICE DEPT POSTAGE-VOTER REGISTRATION AUGUST 86 BOARD OF PRISONERS FILING FEE-ENGINEERING DEPT AUGUST 86 BOOKING FEE CONFERENCE-FIRE DEPT SERVICE-PURGATORY RECREATION AREA FIELD MARKING-PARK MAINTENANCE MAINTENANCE AGREEMENT-WATER DEPT MAINTENANCE AGREEMENT-CITY HALL MAINTENANCE AGREEMENT-CITY HALL SUBSCRIPTION-CITY MANAGER -SEPTEMBER 86 CUSTODIAL SERVICE/POSTAGE- CITY HALL & COMMUNITY CENTER LIGHTBULBS-WATER DEPT SERVICE-CITY HALL OFFICE SUPPLIES-POLICE DEPT OFFICE SUPPLIES-CITY HALL FILM PROCESSING-PLANNING DEPT FILM PROCESSING-CITY HALL SUPPLIES-SUNBONNET DAYS SEPTEMBER 86 EXPENSES -CORKS/GLOVES/CLEANING SUPPLIES/CLAMPS/ -PAINT THINNER/STAPLES/GARBAGE BAGS/ -BATTERIES/KEYS/BOLTS/TAPE/FILTERS/CHAIN/ -CLASPS/LINKS/PAINT/PAINT PANS/BRUSHES/ ROLLERS CEDAR POSTS-PARK MAINTENANCE EQUIPMENT RENTAL-PARK MAINTENANCE -PLIERS/FITTINGS/GREASE/BATTERIES/PIPE -INSULATION/WASTEBASKET/TAPE-WATER DEPT & PARKS DEPT SEPTEMBER 86 EXPENSES SUPPLIES-LIQUOR STORE FOOTBALL & VOLLEYBALL OFFICIAL/FEES PD PAINT-PARK MAINTENANCE RUG CLEANING-CITY HALL COVERALLS-STREET DEPT PARTS-PARK MAINTENANCE LANDFILL CHARGES-PARKS DEPT & STREET DEPT REFUND-VOLLEYBALL REGISTRATION BLACKTOP-STREET DEPT 304.31 328.00 241.54 1819.63 168.80 396.00 65.00 35.00 60• 00 ,., 9.88 405.25 705.00 24.36 1649.50 20.50 64.21 40.00 3526.08 642.25 3579.00 181.00 424.32 28.50 2692.68 253.16 177.68 68.56 53.85 8.52 149.81 68.21 441.85 1077.57 68.22 49.00 67.41 528.05 105.25 328.00 591.98 73.20 48.00 13.90 60.00 100.00 267.50 30517 Ars18 11.)19 30520 30521 30522 30523 30524 30525 1 0542 MEDICAL OXYGEN & EQUIP CO 30543 MERIT/JULIAN GRAPHICS 30544 MERLIN'S HARDWARE HANK 30545 METRO CONNECTIONS INC 30546 METROPOLITAN FIRE EQUIP CO 30547 METRO PRINTING INC 30548 METROPOLITAN WASTE CONTROL COMM 30549 KAREN MICHAEL 30550 MIDLAND PRODUCTS CO 30539 LYMAN LUMBER CO 30540 MARSHALL & SWIFT nnnn 1111 MIDWEST ASPHALT CORP MPLS AREA CHAPTER MPLS STAR & TRIBUNE CO MINNESOTA CELLULAR TELEPHONE CO MINNESOTA COMMUNICATIONS CORP MINNESOTA RESCUE & FIRST AID ASSO MINNESOTA SUBURBAN NEWSPAPERS INC MINNESOTA SUBURBAN NEWSPAPERS INC MINUTEMAN PRESS MODERN TIRE CO LYLE MOENCH MOTOROLA INC NATIONAL FIRE PROTECTION ASSOC NORTHERN CULVERT OPERATIONS NORWEST BANK MINNEAPOLIS NA OCHS BRICK & TILE CO OFFICE PRODUCTS OF MN INC HARRY A ORTLOFF PENNSYLVANIA OIL CO PEPSI/7-UP BOTTLING CO PET CREMATION SERVICE CONNIE PETERS PITNEY BOWES PLANT EQUIPMENT INC POMMER MFG CO INC PRAIRIE OFFSET PRINTING PRENTICE-HALL INC 30578 PRIOR LAKE AGGREGATE INC 30579 JAMES PUFAHL 30580 RADIO SHACK 30581 R C IDENTIFICATIONS INC 30582 RETAIL DATA SYSTEMS OF MINNESOTA 30583 JIM RICHARDSON 30584 RIEKE-CARROLL-MULLER ASSOC INC 30551: 30552 30553' 30554 30555- 30556 30557. 30558 30559' 30560 30561 30562 30563 30564: S 565 566 30567 - 30568 30569 30570 30571 30572 30573 30574 30575 30576 30577 OCTOBER 21,1986 LUMBER-PARK MAINTENANCE FORMS-ASSESSING DEPT -MAINTENANCE AGREEMENT/COMPUTER REPAIRS- POLICE DEPT OXYGEN-FIRE DEPT FORMS-BUILDING DEPT SUPPLIES-PARKS DEPT STILLWATER TOUR/FEES PD EQUIPMENT REPAIRS-FIRE DEPT FORMS-POLICE DEPT NOVEMBER 86 SEWER SERVICE MILEAGE -CONCESSION STAND SUPPLIES-COMMUNITY CENTER & ROUND LAKE BLACKTOP-STREET DEPT FILM RENTAL-COMMUNITY CENTER EMPLOYMENT ADS-COMMUNITY CENTER SERVICE PAGER RENTAL-WATER DEPT CONFERENCE-FIRE DEPT ADS-LIQUOR STORE EMPLOYMENT ADS-COMMUNITY CENTER PRINTING-COMMUNITY CENTER TIRE ALIGNMENT-STREET MAINTENANCE SOFTBALL OFFICIAL/FEES PD REPAIR TRANSMITTER-POLICE DEPT FILMS-FIRE DEPT STEEL BAND-DRAINAGE BOND PAYMENTS CEMENT-PARK DEPT COMPUTER EQUIPMENT-ENGINEERING DEPT SOFTBALL OFFICIAL/FEES PD HYDRAULIC OIL-STREET MAINTENANCE -CONCESSION STAND SUPPLIES-COMMUNITY CENTER SERVICE-ANIMAL CONTROL MILEAGE MAINTENANCE AGREEMENT-COMMUNITY CENTER EQUIPMENT REPAIRS-WATER TREATMENT PLANT AWARD PLAQUES-COMMUNITY CENTER PRINTING-FIRE DEPT -HUMAN RESOURCE YEARBOOK-DIRECTOR OF HUMAN RESOURCES SAND-STREET MAINTENANCE SOFTBALL OFFICIAL/FEES PD MESSAGE TAPES-CITY HALL LUGGAGE TAG POUCHES & POUCHES-POLICE DEPT CASH REGISTER TAPE-LIQUOR STORE MILEAGE -SERVICE-PRESERVE BLVD/CARDINAL CREEK -3RD ADDITION/SCHOONER BLVD/TECHNOLOGY -DRIVE/VALLEY VIEW RD EXT AT GOLDEN -TRIANGLE DRIVE/RIVER VIEW RD/RIVER VIEW -DRIVE/WYNDAM KNOLL/HIDDEN GLEN 3RD ADDITION 70.20 15.00 4313.00 50.40 195.24 13.41 380.00 175.00 715.00 88039.96 56.90 192.21 5708.13 100.00 33.48 82.38 51.50 25.00 45.36 103.95 56.10 29.95 112.00 241.10 344.85 25.00 695624.36 25.20 297.00 154.00 1214.85 96.00 5.00 20.00 410.94 153.47 63.60 18.45 85.28 9.00 56.00 14.85 66.75 144.42 4.00 30140.59 82977888 4606 ,07 608 30609 30610 SOUTHWEST SUBURBAN SOUTHWEST SUBURBAN SOUTHWEST SUBURBAN SOUTHWEST SUBURBAN SPORTS WORLD PUBLISH INC PUBLISH INC PUBLISH INC PUBLISH INC 30611 ST PAUL & SUBURBAN BUS CO INC 30612 STREICHERS PROFESSIONAL POLICE 30613 STS CONSULTANTS LTD 30614 SULLIVANS SERVICES INC 30615 SUPPLEE ENTERPRISES INC 30616 SUTPHEN CORPORATION 30617 NATALIE SWAGGERT 30618 SUZANNE SWEARENGIN 30619 TENNESSEE CHEMICAL CO 30620 TOWN & COUNTRY PEST CONTROL CO 30621 TWIN CITY OXYGEN CO 30622 TWIN CITY TESTING 30623 UNIFORMS UNLIMITED 30624 UNITED STORES 30625 UNITED WAY 30626 UN1TOG RENTAL SERVICES 30627 VIKING BUSINESS INTERIORS INC 30628 VWR SCIENTIFIC INC 30629 WALTERS SWIM SUPPLIES INC 1130 WATER ENGINEERING AND MNGT DISPOSABLE GLOVES-FIRE DEPT 44.28 NOVEMBER 86 CABLE SERVICE-COMMUNITY CENTER 10.80 REPAIR ALTERNATOR-STREET MAINTENANCE 117.14 REFUND-BUILDING DEPT 301.00 SERVICE-ANDERSON LAKES PARKWAY 2500.00 HOCKEY OFFICIAL/FEES PD 80.00 PORTABLE RESTROOM-COMMUNITY CENTER 78.57 MILEAGE 20.75 ASPHALT-STREET MAINTENANCE 304.15 -TRIMMER/CALCULATOR-PARK MAINTENANCE & 189.98 FINANCE DEPT - JULY 86 SERVICE-REMODEL COMMUNITY CENTER 6716.26 REPLACE GAS CAP-POLICE DEPT 14.45 EQUIPMENT VALVE-WATER TREATMENT PLANT 153.01 PRECINCT SIGNS-ELECTIONS 175.00 -PROPANE/WAX/LIGHTS/OIL/GAS/DIESEL/GREASE/ 1419.85 FAN-PARKS DEPT/STREET DEPT/PUBLIC SAFETY SOCKETS/PUNCHES/EXTRACTOR-STREET DEPT 47.80 PRINTING-FIRE DEPT & COMMUNITY CENTER 77.10 SUPPLIES-COMMUNITY CENTER & CITY HALL 125.38 -MOWING SERVICE-6631 DUCK LAKE ROAD/ 125.00 LORENCE 2ND ADDITION/7170 EMERALD LANE LETTERING ON ANIMAL CONTROL VAN 56.00 -WRENCH SETS/REPAIR KIT/PAINT/FILTER/ 1842.83 -BATTERIES/BELTS/HOSES/M1RRORS/WARNING -TRIANGLES/FLASHERS/EXHAUST PIPES/COIL -SPRINGS/MUFFLERS/SE4LS/SPARK PLUGS-PARK DEPT/STREET DEPT/SEWER DEPT ADS-LIQUOR STORE 152.40 SEPTEMBER 86 LEGAL ADS 2633.44 EMPLOYMENT ADS-COMMUNITY CENTER 192.00 ADS-COMMUNITY CENTER 304.80 -HOCKEY VEST/VISORS/T-SHIRTS/LETTERING/ 5060.96 SOFTBALLS/VOLLEYBALLS-COMMUNITY CENTER TRANSPORTATION-COMMUNITY CENTER 250.00 EQ -AMMUNITION/HANDGUN CLEANING SUPPLIES- 476.20 POLICE DEPT SERVICE-WATER TREATMENT PLANT 904.00 SERVICE-PUMP TANK AT SENIOR CENTER 50.00 LIGHTBULBS-LIQUOR STORE 4.96 HOSE CONNECTOR-FIRE DEPT 303.09 OCTOBER 86 EXPENSES 165.00 MILEAGE 13.00 CHEMICALS-WATER DEPT 4602.23 TREATED BUILDING FOR MICE-SENIOR CENTER 65.00 OXYGEN-STREET DEPT 17.40 SLUDGE ANALYSIS-WATER DEPT 897.44 UNIFORMS-FIRE DEPT 197.55 COMPASSES/WHISTLES/GRILLS-COMMUNITY CENTER 53.37 PINS-DIRECTOR OF HUMAN RESOURCES 5.00 UNIFORMS FOR CITY EMPLOYEES 1342.05 SHELVES-STREET DEPT 244.18 LAB SUPPLIES-WATER DEPT 62.45 2 ELECTRIC WALL CLOCKS-COMMUNITY CENTER 333.26 SUBSCRIPTION-WATER DEPT 42.50 OCTOBER 21,1986 30585 ROAD RESCUE INC 30586 ROGERS CABLE TV-MINNESOTA 30587 ROGERS SERVICE co Ira ROTTLAND CO liu589 RUSSELL SMITH ASSOCIATES INC 30590 ROBERT RYAN 30591 SATELLITE INDUSTRIES INC 30592 DARYL SCHAFFER 30593 SCHMIDT READY MIX INC 30594 SEARS ROEBUCK & CO 30595 SETTER LEACH & LINDSTROM INC 30596 SHAKOPEE FORD INC 30597 SIMONE ENGINEERING INC 30598 THE SKETCH PAD 30599 W GORDON SMITH CO 30600 SNAP ON TOOLS CORP 30601 SNAP PRINT-WEST 30602 SNYDER DRUG STORES INC 30603 SODERQUIST SERVICES INC 30604 SPECIALTY SCREENING 30605 SOUTHWEST AUTO SUPPLY INC 3277163 OCTOBER.; 21,1986 30631 WATER PRODUCTS CO 30632 SANDRA F WERTS 110633 WEST'WELD 10634 WESTBURNE SUPPLY INC 30635 WESTERN DESIGN & PRINTING 30636 WILSON TANNER GRAPHICS 30637 W WOOD WHOLESALE 30638 KEN WORDE 30639 XEROX CORP 30640 ZEE MEDICAL SERVICE -- 30641 ZIEGLER INC 30642 ZIEGLER TIRE SERVICE CO 2061018 -GASKET PIPE/BALL VALVE/1 6" 1000 GAL -COMPOUND 04080.00/3 2" 1000 GAL METER -0418.00/1 3" 100(YGAL METER 01266AO/ -48 5/8 X 3/4 100 -GAL METER 045.89/1A" -1000 GAL COMPOUND METER 0$2069.&0/6 2" -1000 GAL METER 0418.00/6 1 1/2: 1000 GAL METER @$295.00 MILEAGE BANDSAW BLADES-PARK MA REGULATOR-COMMUNITY CENTER BUSINESS CARDS-POLICE DEPT -BUSINESS: CARDS/AWARD PLAQUES-ASSESSING DEPT-8 POLICE:DEPT: - LUMBER-STARING LAKE BRIOGES- HOCKE`COFFICIALkSCOREKEEPER/fEESPD -MAINTENANCE AGREEMENT-PUBLIC SAFETY A CITY HALL ' 1ST:AID:SUPPLIES ,COMMUNITY CENTER TIRES-STREET DEPT ' MOUNT TIRES/O-RING/VALVES-STREET DEPT 15176.77 80.99 17.54 1955. P75.00 100.00 4110.75 309.00 308.78 56.65 302.55 52.60 $1771684.81 2630 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #86-269 RESOLUTION APPROVING THE PRELIMINARY PLAT OF RESEARCH FARM 3RD ADDITION FOR SCHOOL DISTRICT #272 BE IT RESOLVED, by the Eden Prairie City Council as f011ows: That the preliminary plat of Research Farm 3rd Addition for School District #272, dated September 5, 1986, consisting of:116 acres into one lot And three butlots,.: 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 21st day of October; 1986. Gary D. Peterson, May ATTEST: John D. Frane, City Clerk A63 i STAFF REPORT TO: FROM: THROUGH: DATE: SUBJECT: LOCATION: APPLICANT: FEE OWNER: REQUEST: Planning Commission Donald R. Uram, Assistant Planner Chris Enger, Director of Planning September 19, 1986 Research Farm 3rd Addition West of Highway #169, south of Anderson Lakes Parkway, east of Purgatory Creek Independent School District #272 and Douglas Corporation Douglas Corporation Preliminary Plat of 116 acres into one lot and three outlots. Background In March of 1985, the City Council approved a request by Northrup King for an amendment to the City's , Comprehensive Guide Plan from Low Density Residential, High Density Fa Residential and Sports Complex, to Medium Density Residential, High Density Residential, Office, and Commercial uses for this site. Recently, the City Council approved a Planned Unit Development Concept Review submitted by the Douglas Corporation for an office/manufacturing complex on ap- proximately 95 acres. The proponent is now requesting the preliminary plat of approximately 116 acres into one lot and three outlots to be known as Research Farm 3rd Addition. The purpose of this plat is to allow for the purchase of approximately three acres by the school district from Douglas Corp- oration and the dedication of road right-of-way for the new alignment ' of Research Road. Research Farm 3rd Addition 2 September 19, 1986 Preliminary Plat The preliminary plat depicts the division of approximately 116 acres into one lot and three outlots. Block 1, Lot 1, has been purchased by Independent School District #272 for the construction of a new Middle School in the Fall of 1988. Outlot A, to the west of Purgatory Creek, would also be owned by the School District. Block 1, Lot 1, contains approximately 23 acres, while the outlot to the west of Purgatory Creek contains approximately eight acres. Because of Ow sensitivity of this site adjacent to Purgatory Creek, the approved Comprehensive Guide Plan Change for Research Farm in March, 1985, depicted that the western portion of the site across Purgatory Creek should be dedicated to the City, while a scenic 'easement shall be provided along the eastern portion of the site. The purpose of which would be to protect the creek valley in its natural state. . Attachments A and B depict the proposed park dedication in addition to the scenic easement along the eastern side of Purgatory Creek. A significant portion of the scenic easement area is located within the designated floodplain. On March 18, 1985, the Parks, Recreation, and Natural Resources Commission recommended that approximately ten acres west of Purgatory Creek be dedicated to the City for Park property and approximately five acres east of the creek be placed in a scenic easement. The preliminary plat also shows the realignment of Research Road with a proposed connection to Anderson Lakes Parkway. In conjunction with this, Staff has received an application for the vacation of a portion of Research Road. The Independent School District #272 and Douglas Corporation shall enter into a special assessment agreement for the construction of Research Road where it abuts their respective properties. (See Attachment C) This road shall be designed as a Residential collector with sidewalks along both sides of the road to provide for pedestrian access to the trail system along Anderson Lakes Parkway and to Starring Lake. As part of the special assessment agreement, it shall be noted that the Douglas industrial complex proposed for Outlet C shall not have any direct access onto Research Road. Since the site will remain zoned Rural, no development or any grading of the property will take place until each specific site has had City Council approval. STAFF RECOMMENDATIONS Staff would recommend the approval of approximately 116 acres into one lot and three outlots, and road right-of-way, subject to the following: 1. No development or grading of the property shall take place until a specific site plan has had City Council approval. 2. The proponent shall file a scenic easement over that portion of the property along the eastern side of Purgatory Creek as depicted on Attachment B. 3. The Independent School District #272 and Douglas Corporation shall enter into a special assessment agreement for the construction of Research Road. Revised Comprehensive Guide Plan Amendment 3/1g/85 Plan The 3/19/85 Plan provides for a mixed land use development of t h e 1 7 7 a c r e Northrup King Research Farm. The proposed land uses include: Residential RL - Low Density 5 units/acre RM - Medium Density 10 units/acre RH - High Density 20 units/acre Non-Residential OFC - Office/Business Use COM - Service Commercial PARK - City Park Land SE - Scenic easement Creek Valley. privately owned and part of adjacent housing sites Note: The plan illustrates combinations of densities for a given site ie. . . R L / R M . This may indicate a blend of densities or a mix of unit type s . O n e combination is the OFC/RH uses. The intent is to illustrate a tra n s i t i o n area or use between high density housing and office. The site m a y b e used for either use as long as adequate transitions are provided 3/19/05 Land Use Summary RL/RM RM/RH RH Use Residential Residential Residential Acres 13± acres 39 ± acres 201 acres OFC/RH OFC COM PARK SE R .0.W. Total Office or Residential Transition Office/Business Commercial City Park Scenic Easement Street 72 acres 25± acres 52± acres 6± acres 10 t acres 5± acres acrrs IL Total 177t acres ATTACHMENT A ./6.34 ATTACHMENT B TANDEM COMPREHENSIVE GUIDE PLAN AMENDMENT 177 ACRE RESEARCH FARM CORPORATION aNna11. PI a•nn •• • no I Oft.. n•n•• NORTHRUP KING CO RESEARCH FARM EDEN PRAIRIE MINNESOTA (ATTACHMENT C S I P"et't ,n• IS onect*s. sit MAC PIIINTIC t' ..!.; .t 1 e n, 121M AV( NMI SOUTH uIN NtAPOtl.UN 554I5 I'MOME I612) 333•11911 I N I llO. 51I.4I,3 - September 11, 1986 Eugene Dietz P. E. Director of Public Works : City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Dietz: Af.ter. our discussion about the road _construct i o n f o r t h e r e 1 6 -iated Re5e-are-li'Ro-a-tl I want to request that the speci a l a s s e s S m v o i a u l e e 7 ment -,be prepared. I have discussed this request with Mr. meile G -amm of the Eden Prairie School -District. and he agrees w i t h h e -assessillent route. It would he good if this could be proraict to go to the Eden Prairie City Council on October 7. 1986, haoyc.ns to be the date our preliminary and (Arial plat loe oetion. 1 o6 have any questions please contact me at 888-4168. Arlyn J. Giu....ing Ditector of Planning E Development AJG/h1 Z36, Planning Commission Minutes 2 September 22, 1986 A. RESEARCH FARM 3RD ADDITION, by School District #272. Request for Preliminary Plat of 116 acres into one lot and three outlots with road right-of-way. Location: West of Highway #169, south of Anderson Lakes Parkway, east of Purgatory Creek. A public hearing. Mr. Arlyn Grussing, representing Douglas Corporation, owners of the property, stated that the platting of the property was being requested in order to facilitate the sale of property to the Eden Prairie School District for a future school site. He noted that one of the recommendations of the Staff Report regarding the platting proposal had included requirement for dedication of a scenic easement over that portion of the property adjacent to Purgatory Creek. Mr. Grussing stated that the proponents would prefer to provide the scenic easement at the time of development of the property, rather than at this time when only lot lines were being changed. Mr. Merle Gamin, representing Eden Prairie School District, stated that the amount of property involved in the requested scenic easement was approximately 25% of the total amount of property involved in their purchase for future use. He stated that the School District, too, would prefer to handle the dedication of the property at another time in the future. Planner Uram reviewed the findings and recommendations of the Staff Report of September 19, 1986, regarding the proposed platting. Concerns listed in the report included a recommendation that no development take place prior to plan review by the City, that the proponent execute a special assessment agreement for the upgrading of Research Road, and that a scenic easement over the property adjacent to Purgatory Creek be deeded to the City. Planner Enger stated that, based on the concerns of the proponent, the Commission may wish to refer the matter regarding the scenic easement dedication to the Parks, Recreation, and Natural Resources Commission for their review and recommendation to the City Council. Mr. Grussing stated that the proponents would cooperate with the City to facilitate the transfer of an easement over the property involved. Chairman Schuck asked for comments, or questions, from members of the audience. There were none. 26V Planning Commission Minutes 3 September 22, 1986 MOTION 1: Motion was made by Anderson, seconded by Gartner, to close the public hearing. Motion carried--5-0-0 MOTION 2: Motion was made by Anderson, seconded by Gartner, to recommend to the -City Council approval of the request of School District #272 for Preliminary Plat of 116 acres into one lot and .three.outlots, with road right-of-way, for Reseach Farm 3rd Addition, based on -plans dated September 5, 1986, tubject to the recommendations of the Staff Report dated September 19, 1986, amending item #2 of the recomMendations to refer the matter -regarding the scenic easement dedication to the Parks, Recreation, and Natural Resources Commission for review and recommendation to the City Council'. Motion carried--4-0-1 (Hallett abstained) aoy