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HomeMy WebLinkAboutCity Council - 01/20/1987TUESDAY, JANUARY 20, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock 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 A. City Council Meeting held Tuesday, December 16 L 1986 Page 44 B. City Council Meeting held Tuesday, January 1987 Page 60 III. CONSENT CALENDAR A. Clerk's License List Page 68 B. Acceptance of Historical & Cultural Commission's Recommendation Page 70 on Holasek House C. Fee Resolution (Resolution No. 87-09) Page 71 D. J & L Subdivision Special Assessment Agreement for Blossom Road Page 87 and Bennett Place E. Plat approval for Westwood Industrial Park 3rd Addition (Bury Drive) Preliminary Plat - Resolution No. 87:10; Final Plat - Resolution No. 87-11 F. MWCC Permit Application for Well House No. 7 Cooling Discharge Line -fffeicTrution No. 87-IT G. SHADY OAK RIDGE 2ND ADDITION, by Joseph Ruzic. 2nd Reading of Ordinance #54-86, Rezoning from Rural to R1-13.5 for Shady Oak Ridge 2nd Addition; Approval of Developer's Agreement for Shady Oak Ridge 2nd Addition; and Adoption of Resolution #87-12, Authorizing Summary of Ordinance #54-86, and Ordering Publication of Said Summary. 7.6 acres into 11 single family lots and one outlot. Location: West of Old Shady Oak Road, north of Rowland Road. (Ordinance #54-86, Rezoning; Resolution #87-12, Authorizing Summary and Publication) Page 92 Page 98 Page 99 City Council Agenda - 2 - Tues.,January 20, 1987 H. WELTER'S PURGATORY ACRES, by Crow/Chasewood Minnesota. 2nd Reading of Ordinance #57-86, Rezoning from Rural to R1-13.5 for Welter's Purgatory Acres; Approval of Developer's Agreement for Welter's Purgatory Acres; and Adoption of Resolution #87-13, Authorizing Summary of Ordinance #57-86, and Ordering Publication of Said Summary. 52.4 acres for single family lots. Location: North of County Road #1, west of Bennett Place, south of Olympia Drive. (Ordinance #57-86, Rezoning; Resolution #87-13, Authorizing Summary and Publication) I. PRAIRIE ACRES, by Michael N. Sutton. 2nd Reading of Ordinance #59- 86, Rezoning from Rural to R1-13.5 for Prairie Acres; Approval of Developer's Agreement for Prairie Acres; and Adoption of Resolution #87-14, Authorizing Summary of Ordinance #59-86, and Ordering Publication of Said Summary. 6.24 acres into 13 single family lots. Location: Southwest quadrant of County Road #1 and Bennett Place. (Ordinance #59-86, Rezoning; Resolution #87-14, Authorizing Summary and Publication) J. EDEN POINTE, by Welsh Companies, Inc. 2nd Reading of Ordinance #61-86-PUD-9-86, Rezoning from Rural to 1-2 Park for Eden Pointe; Approval of Developer's Agreement for Eden Pointe; and Adoption of Resolution #87-16, Authorizing Summary of Ordinance #61-86-PUD-9-86 and Ordering Publication of Said Summary. PUD District Review on 60.85 acres, with variances, Zoning District Change from Rural to 1-2 Park, on 2.84 acres into one lot for construction of a 32,700 square foot office/warehouse building. Location: West of Flying Cloud Drive, east of Highway #169. (Ordinance #61-86-PUD-9- 86, Rezoning; Resolution #87-16, Authorizing Summary and Publication) K. Final Plat approval for Stenehjem Addition (Resolution No. 87-21) L. Set 1987 Board of Review Meeting date for Thursday, May 14i 1987, MO PM Eden Prairie City Hall IV. PUBLIC HEARINGS A. MEADOW PARK 3RD ADDITION, by J B & D, Inc. Request for Comprehensive Guide Plan Change from Public Open Space to Low Density Residential On approximately 13.5 acres, Zoning District Change from Rural to R1-13.5, and Preliminary Plat of 31.5 acres into 29 single family lots and one outlot and road right-of-way. Location: Northwest quadrant of Homeward Hills Road and Sunnybrook Road. Continued Public Hearing from December 16, 1986 (Resolution #86-292, Comprehensive Guide Plan Amendment; Ordinance #58-86, Rezoning; Resolution #86-293, Preliminary Plat) B. SUBURBAN NATIONAL BANK/PRESERVE MEDICAL BUILDING, by Supplee's 7- H.I. Enterprises, Inc. Request for Comprehensive Guide Plan Change from Low Density Residential to Office on 1.09 acres, Zoning District Change from Rural to Office on 1.09 acres with variances to be reviewed by the Board of Appeals and Preliminary Plat of 1.09 acres into one lot for the construction of a two-story office building. Location: South of Anderson Lakes Parkway, west of County Road #18. (Resolution #86-305, Comprehensive Guide Plan Amendment; Ordinance #62-86, Rezoning; Resolution #86-306, Preliminary Plat) Continued Public Hearing from December 16, 1986 Page 107 Page 115 Page 121 Page 128 Page 3033 & 131 Page 3151 & 132 City Council Agenda - 3 - Tues.,January 20, 1987 C. Vacation of Drainage and Utility Easements in Ridgewood West Plat 3 (S.E. corner of Cumberland Road and Knollwood Dri;MT - Resolution No. 8747 V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS REQUESTS & COMMUNICATIONS A. Receive Petition for Sunnybrook Road Street and Utility Improvements (west of Homeward Hills Road, adjacent to Meadow Park 3rd Addition) and authorize preparation of a Feasibility Report, I.C. 52-109 -Tkesolution No. 86-300) Continued from December 16, 1987 Page 133 Page 136 Page 3195 B. Request from Prairie Lutheran Church to appeal decision of Board of Page 143 Appeals & Adjustments and set hearing date for Tuesday, February L 11 C. TECHNOLOGY PARK 7TH, by Technology Park Associates. 2nd Page 144 Reading of Ordinance #56-86, Amending Ordinance #36-85-PUD-6-85, within the Office District; Approval of Addendum to Developer's Agreement for Technology Park 7th Addition; and Adoption of Resolution #87-20, Authorizing Summary of Ordinance #56-86, and Ordering Publication of Said Summary. 3.74 acres for construction of a 27,700 square foot office building. Location: East of future Golden Triangle Drive, north of Nine Mile Creek. (Ordinance #56-86, Zoning District Amendment within Office District; Resolution #87-20, Authorizing Summary and Ordering Publication) VIII, REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment of Councilmember to serve on the Southwest Suburban Cable Commission X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Authorization to remove House adjacent to the Public Safety Department on Mitchell Road C. Report of City Attorney D. Report of Director of Community Services E. Report of Director of Public Works 1. Award Contract from Homeward Hills Road I.C. 52-033A Tlution XI. NEW BUSINESS XII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE HOUSING & REDEVELOPMENT AUTHORITY TUESDAY, DECEMBER 16, 1986 912 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. Frame, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson ROLL CALL: All members were present. I CALL TO ORDER Mayor Peterson called the meeting to order at 9:12 PM. MOTION: Pidcock moved, seconded by Bentley, to approve the Agenda as published. Motion carried unanimously. II. PROJECT MANAGEMENT AGREEMENT AMENDMENT FOR PRAIRIE VILLAGE APARTMENTS (Resolution No. HRA 86-1) City Manager Jullie noted this action by the H.R.A. is neces- sary before the Council can take action on the Prairie Village Apartments Bond Amendment. He said Resolution No. 86-1 had been prepared which would effect the Project Management Amend- ment for the Prairie Village Apartments to subsidize more units at a greater subsidy using tax increments, to require a surety for the land investment by the City effective until the project has been operating for one year, and to declare that the Project Plan is consistent with the City's housing program and thus appropriate for the increased amount of tax increment funds to be used. MOTION: Bentley moved, seconded by Anderson, to adopt H.R.A. Resolution No. 86-1, approving Amendment to the Property Manage- ment Agreement for the Prairie Village Apartment Project and authorizing the Chairman and Administrator of the Housing & Redevelopment Authority to execute said Amended Agreement. Motion carried unanimously. III. ADJOURNMENT MOTION: Bentley moved, seconded by Redpath, to adjourn the meeting of the Housing & Redevelopment Authority at 9:15 PM. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, DECEMBER 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 Secreatry Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS City Manager Jullie called attention to amended page 2 of the Agenda Ahat included the addition to Item IV. C. Eden Pointe of Resolution No. 86-320 - Preliminary Plat and the revised page 3 of his December 12th memorandum to the Council concern- ing the same resolution. MOTION: Anderson moved, seconded by Bentley, 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, November 18, 1986 MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the regular City Council meeting held Tuesday, November 18, 1986, as published. Motion carried unanimously. B. Special City Council Meeting held Tuesday, November 25, 1986 MOTION: Bentley moved, seconded by Anderson, to approve the Minutes of the special City Council meeting held Tuesday, November 25, 1986, as published. Motion carried unanimously. City Council Minutes -2- December 16, 1986 III. CONSENT CALENDAR A. Change Order Number 1, Valley_ View Road, I.C. 51-272 B. Change Order Number 4, Anderson Lakes Parkway, I.C. 52-035 C. Final Plat approval for Bluestem Hills (south end of Bennett Place) Resolution No. 86-301 D. Final Plat approval for Nemec Knolls (Creek Knoll Road north of CSAH 1) Resolution No. 86-302 E. Final Plat approval of Carmel Fifth Addition (Fallbrook Road, north of Rowland Road) Resolution No. 86-303 F. Clerk's License List G. EATON ADDITION by Eaton Corporation. Request for Preliminary Plat of 46.8 acres into two lots. Location: South of Hwy. 5, west of Technology Drive, east of Wallace Road. (Reso- lution No. 86-307 - Preliminary Plat) H. Resolution No. 86-309, Amendment to Transit Joint Powers Agreement I. Resolution No. 86-311, Amending the Closing Documents for the Preserve Place Apartment Project in the Amount of $4,235,000 J. Resolution No. 86-312, Amending the Closing Documents for the Eden Pointe Apartment Project in the Amount of $7,865,000 K. Resolution No, 86-314, Relating to the Acquisition of McGraw Edison by Cooper Industries Regarding Item H. City Manager Jullie said this is a revi- sion to the Joint Powers Agreement establishing a Southwest Area Transit Commission to change the name of the Commission to the Southwest Metro Transit Commission. Regarding Item B, Redpath asked about the cost for red hy- drant paint. Director of Public Works Dietz said this is a special paint for fire hydrants. Redpath then asked about the items designated as work by Lund Asphalt. Dietz ex- plained the system whereby costs of items supplied by sub- contractors are passed through the contractor with a 10% markup to the City. A discussion of the specific items and the markup procedure followed. MOTION: Bentley moved, seconded by Anderson, to approve Items A - K on the Consent Calendar. Motion carried unani- mously. City Council Minutes -3- December 16, 1986 IV PUBLIC HEARINGS A. MEADOW PARK 3RD ADDITION by J B & D, Inc. Request for Comprehensive Guide Plan Change from Public Open Space to Low Density Residential on approximately 13.5 acres, Zon- ing District Change from Rural to R1-13.5, and Preliminary Plat of 31.5 acres into 29 single family lots and one outlot and road right-of-way. Location: Northwest quadrant of Homeward Hills Road and Sunnybrook Road. (Resolution No. 86-292 - Comprehensive Guide Plan Amendment; Ordinance No. 58-86 - Rezoning; Resolution No. 86-293 - Preliminary Plat) Continued Public Hearing from December 2, 1986 City Manager Jullie noted that this item was continued from the December 2nd meeting to allow time to receive a report from the DNR. He said the response has been received and proponent has requested continuation to January 20, 1987. MOTION: Bentley moved, seconded by Pidcock, to continue this item to the January 20, 1987, meeting of the City Council. Motion carried unanimously. B. SUBURBAN NATIONAL BANK/PRESERVE MEDICAL BUILDING by Sup- plee's 7-Hi Enterprises, Inc. Request for Comprehensive Guide Plan Change from Low Density Residential to Office on 1.09 acres, Zoning District Change from Rural to Office on 1.09 acres with variances to be reviewed by the Board of Appeals and Preliminary Plat of 1.09 acres into one lot for the construction of a two-story office building. Loca- tion: South of Anderson Lakes Parkway, west of County Road 18, (Resolution No. 86-305 - Comprehensive Guide Plan Amend- ment; Ordinance No. 62-86 - Rezoning; and Resolution No. 86-306 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ron Erickson, representing proponent, addressed the proposal. Planning Director Enger said this item was reviewed at the November 24th meeting of the Planning Commission at which time they voted 6-0 to recommend denial of the request for the following reasons: the use of the property is too in- tense; traffic circulation for the property is inappropriate and provides a negative impact; transition from the proposed use to the property to the south is non-existent; the poten- tial for setting a precedent for development of the property to the south as a use other than Low Density Residential. City Council Minutes -4- December 16, 1986 Enger said the Planning Commission felt that, while use of the property for office may be an appropriate land use, there were technical problems with the site plan and they wanted those problems worked out. He said proponent indi- cated that they were constrained in what they could do and could not make the degree of change suggested by the Commis- sion. Enger said Staff understood the County's position at the time of the Commission meeting to be that they preferred the access to County 18 be shared with the property to the south in order to consolidate the accesses to Hwy. 18. He said a letter received today from the County indicates they would prefer no access and that they are concerned with a proliferation of accesses to Cty. Rd. 18 before that road is upgraded and the current roadway becomes a frontage road. Peterson asked Enger to comment on the F.A.R. figure. Enger responded that 0.5 is specified in code but anytime F.A.R. begins to approach 0.3 there will be parking under the building or a parking deck. He said the site is only one acre and the three-lane drive-through for the Bank takes a large portion of the property. He further said only 11 park- ing spaces can be provided on the site without a variance from code and that there are 66 spaces required for the site. Redpath said he thought if proponent believes there is further information available now, the item should be re- turned to the Planning Commission and let them review it again. Bentley said rather than just telling them to try again perhaps we should give some input so they have some basis for understanding our thinking. Bentley then commented on each of the Planning Commission's reasons for recommending denial. He said he thought the idea that use of the property is too intense is a relative question, and that the problem of parking could probably be solved by sharing the parking available at the Preserve village Center. He said he thought this project would actually help the traffic circulation in the shopping cen- ter and that there would not be a great increase in traffic because of this project. As to transition he said he didn't believe the property to the south would be developed as low density residential but would probably end up as medium- density residential. Anderson said his concern was that the residents of Clark Circle will go through this repeatedly as this area and the City Council Minutes -5- December 16, 1986 property to the south is developed. He said he was also concerned about traffic circulation and that he would like to solve the problem for the residents once and for all since this is a zoning question. Peterson said he didn't agree that this would be the last property in the area for commercial or office. He said he was also concerned with the intensity of the use for this one acre setting a precedent for the other property to the south. He said he thought use as a transition area would mean a soft use rather than a heavy one that would contrast with the rest of the neighborhood. Redpath said he thought the right-in/right-out access would not create problems because of the relatively low traffic volume and that this would not necessarily set a precedent for development along County 18. Pidcock asked if the fence behind Jerry's supermarket would be continued onto this project. Erickson said it would be continued on both sides of the building. She then asked what the distance was between the building and the property line. Erickson replied it was 30 feet to the property line and about 80 feet to the nearest house. Pidcock said she was concerned that this was a little close. Pidcock asked who would maintain the landscaping and whether the fence would go all around the building. Erickson said the fence would be attached to both ends of the building rather than going all the way along the back and that pro- ponent would maintain the landscaping unless an arrange- ment can be reached with the adjacent property owners to have them maintain it. Anderson asked Dietz for his opinion on the location of the access to Hwy. 18. Dietz said he believed Staff con- curred that it would be best to consolidate the access with the one to the south so that there would be only one access out to Hwy. 18. Peterson said he thought proponent was to be commended for the time and sincerity with which they worked with the neighbors; however, he said there is an additional concern for the community as a whole and also for the future of the property to the south. Norm Ziesman, 9425 Garrison Way, said he felt proponent should be commended for their cooperation with the neigh- bors. He said that the neighbors would like to see the land used as parkland but that their second choice is office, not multi-family. He said he would prefer the use City Council Minutes -6- December 16, 1986 of the land to the south not be part of consideration of this item and he thought returning the item to the Planning Commission made sense. Anderson said that the Council and the Planning Commission can do a much better job of long-range planning if each development is considered as part of the whole picture rather than considering them piecemeal. Jane Laskowski, 9445 Garrison Way, expressed concern about County Road 18 not being completely planned and how that would affect the development of this land as well as the land to the south. Bentley noted that, under current plans, County Road 18 will be transferred to the State and the existing Hwy. 18 would become a frontage road with the new four-lane high- way to the east of the current road. Bentley said he thought we need to make provision for access to the prop- erty to the south even though we can't suggest at this point what that property will be used for. MOTION: Redpath moved, seconded by Anderson, to continue the Public Hearing to the second meeting in January and to return this item to the Planning and Zoning Commission because of the additional information now available. Motion carried unanimously. C. EDEN POINTE by Welsh Companies, Inc. Request for Planned Unit Development Concept Amendment on 60.86 acres, Planned Unit Development District Review on 60.86 acres with vari- ances, Zoning District Change from Rural to 1-2 Park on 2.84 acres, and Preliminary Plat into one lot for construc- tion of a 32,700 sq. ft. office/warehouse building. Loca- tion: West of Flying Cloud Drive, east of Hwy. 169. (Resolution No. 86-304 - PUD Concept Amendment; Ordinance No. 61-86 - Rezoning; Resolution No. 86-320, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Paul Dunn and Darryl Anderson, representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission re- viewed this project on November 24th and recommended approval on a 6-0 vote, subject to the recommendations of the Staff Report of November 21, 1986. He noted that Staff recom- mended modification of the landscape plan to provide City Council Minutes -7- December 16, 1986 additional plantings and substitution of a masonry wall for the fence along the south property line. Pidcock asked why they had selected orange tiles for trim. Dunn replied that the final selection of materials is yet to be completed and they may not choose orange. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 86-304, approv- ing the Eden Pointe PUD Concept Amendment to the overall Wilson Ridge PUD. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to give 1st Reading of Ordinance No. 61-86 for Rezoning. Motion car- ried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 86-320 approving the Preliminary Plat of Eden Pointe for Welsh Companies. Motion carried unanimous- ly MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. MOTION: Pidcock moved, seconded by Redpath, to recess the Council meeting in order to convene as the Housing & Redevelopment Authority. Motion carried unanimously. AT THIS POINT THE COUNCIL CONVENED AS THE EDEN PRAIRIE HOUSING & REDEVELOPMENT AUTHORITY. Mayor Peterson reconvened the meeting of the City Council at 9:15 PM. D. PRAIRIE VILLAGE APARTMENTS BOND AMENDMENT (Resolution No. 86-315 - Adopting an amended multi-family housing program) City Manager Jullie stated notice of this Public Hearing had been published in the November 26, 1986 issue of the Eden Prairie News. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 86-315, adopting an amended Housing Plan for Prairie Village Apartments. Motion carried unanimously. City Council Minutes -8- December 16, 1986 V. PAYMENT OF CLAIMS NOS. 31535 - 31810 Regarding Item No. 31722 to Lang, Pauly & Gregerson, Ltd., Peterson asked what was involved in that item. City Attorney Pauly said this concerned the development of a jogging path in City West. Pidcock asked about Item 31728 to Louisville Landfill, Inc. City Manager Jullie said trash must be taken there since the Flying Cloud Landfill is closed. MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos. 31535 - 31810. Roll call vote: Ander- son, Bentley, Pidcock, Redpath and Peterson voted "aye". Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS A. Proclamation for Councilmember Paul Redpath (Resolution No. 86-308) Mayor Peterson presented Resolution No. 86-308, a Proclama- tion recognizing Councilmember Redpath's contributions to the community. He reviewed Mr. Redpath's contributions to the City and thanked him on behalf of the City for his many years of public service. B. Resolution No. 86-310, Giving Preliminary Approval to the Refunding of the $5,565,000 Quail Ridge Multi-Family Housing Bonds Finance Director Frane said that, contrary to his memo of December 12, 1986, he would now suggest that the Council pass the resolution and direct Staff to obtain a financial guarantee satisfactory to the City before issuance of the bonds. MOTION: Pidcock moved, seconded by Bentley, to adopt Reso- lution No. 86-310, giving Preliminary Approval to the refunding of the $5,565,000 Quail Ridge Multi-Family Hous- ing Bonds, and to direct Staff to obtain a financial guaran- tee satisfactory to the City prior to issuance of the bonds. Motion carried unanimously. C. Resolution No. 86-313, Relating to the Sale of $5,000,000 in General Obligation bonds on December 16, 1986 Bill Fahey of Ehlers & Associates, Inc., the bonds consul- tant for the City, reviewed the status of bids opened this afternoon for three municipal bond issues: $1,700,000 in fire bonds; $1,000,000 in equipment certificates; and City Council Minutes -9- December 16, 1986 $2,300,000 for partial funding of the additions to the water plant. He said the low bid of 6.6257% from a Nor- west Investment Services group is an extremely good bid and he recommended acceptance of their bid. Pidcock noted that she had heard of some financial insecur- ity with Norwest recently. Fahey said that the problems experienced by Norwest and other banks is not part of the bond business. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 86-316, setting the terms and conditions of the Fire Bonds. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 86-317, setting the terms and conditions of the Equipment Certificates. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 86-318, setting the terms and conditions of the Water Bonds. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 86-313, awarding the sale of $5,000,000 in General Obligation bonds to the firm of Norwest Investment Services. Motion carried unanimously. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Receive Petition for Sunnybrook Road Street and Utility Improvements (west of Homeward Hills Road, adjacent to Meadow Park 3rd Addition) and authorize preparation of a Feasibility Report, I.C. 52-109 (Resolution No. 66-300) Director of Public Works Dietz said this item should be continued to the January 20, 1987 meeting. MOTION: Pidcock moved, seconded by Anderson, to continue this item to January 20, 1987. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission - Recommendation on facilities for PROP (continued from December 2, 1980 City Attorney Pauly noted that this item had been referred to his office for review at the last Council meeting. He said PROP is a private non-profit organization and an out- right gift to such a group is beyond the authority of a municipality. He said this could be approached as the City City Council Minutes -10- December 16, 1986 undertaking to provide the types of services that PROP provides and then contracting with PROP to provide those services on behalf of the City in return for rental of the City's property. He said the arrangements would have to be worked out with PROP and Staff. Peterson asked how much time would be required to work out this arrangement. Pauly replied that it could probably be accomplished early next year. Bentley asked if this recommendation would be run by the Human Rights & Services Commission for their review since this is a different arrangement than was originally suggested. Peterson said he thought they should be involved in the process as we are talking about contracting with PROP for services. Pauly noted that this would have to be characterized as a City project; therefore there would be some potential for liability. Bentley said if we are going to enter into a contractual relationship with PROP, he would want to know very specific- ally what projects we will be entering into and what the costs and liability to the City may be. MOTION: Anderson moved, seconded by Pidcock, to direct Staff and the City Attorney, in conjunction with the Human Rights & Services Commission, to draw up the necessary agreements and ordinances for facilities for PROP, per Mr. Pauly's recommendation. Motion carried unanimously. B. Historical & Cultural Commission - Formation of an Ad Hoc Committee on Bicentennial of the U. S. Constitution MOTION: Pidcock moved, seconded by Redpath, to establish an Ad Hoc Committee on the Bicentennial of the U. S. Con- stitution during 1987. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to refer this to the Mayor and City Manager to report back at the next meeting with recommendations on how to structure the Ad Hoc Committee. Motion carried unanimously. IX. APPOINTMENTS A. Appointment of two members to the Human Rights & Services Commission - 1 to fin an unexpired term 10 2/28/E8 and 1 to fill an unexpired term to 2/2b/89 Peterson commented on his appreciation of the way this material was presented in a matrix format and suggested that City Council Minutes December 16, 1986 a similar format be used for future Commission appointments. The names of Steve Geiger, Gail Leipold and Kent Barker were placed in nomination. MOTION: Anderson moved, seconded by Bentley, to close the nominations. Motion carried unanimously. Voting for Geiger were: Anderson, Bentley, Pidcock, Red- path and Peterson Voting for Leipold were: Anderson, Bentley, Redpath and Peterson Voting for Barker was: Pidcock MOTION: Redpath moved, seconded by Anderson, to appoint Steve Geiger to the open position on the Human Rights & Services Commission expiring 2/28/88, and to appoint Gail Leipold to serve in the position expiring 2/28/89. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members There were none. B. Report of City Manager There was no report. C. Report of City Attorney City Attorney Pauly's report was given at the special closed session following the meeting. D. Report of Director of Community Services 1. Report on the Status of Purgatory Creek Trail Systems Director of Community Services Lambert reviewed his memo of December 5, 1986, on the status of the entire Purga- tory Creek Trail System. He described the trail sec- tions and pointed out the locations on a map of the trail system. He noted that, while there will not be a trail along the entire Purgatory Creek valley, there will be trails along six segments of the creek valley and those trails will be interconnected through trails along City streets and highways. Lambert further noted that the majority of the creek valley will be preserved in its natural condition City Council Minutes -12- through City ownership of the floodplain and through scenic easements of the valley slopes. He reviewed the Staff recommendations for trail development south and east of Hwy. 169. Pidcock said a number of assumptions were made that she thought should be studied more and that she would like to have a smaller scale map available in order to study the recommended trails. Anderson said he thought the lower portion of the creek valley offers a unique experience not available any other place in the City. He said he thought we should preserve our options in that area for future considera- tion. Lambert said the Parks, Recreation & Natural Resources Commission supported the recommendations at their meet- ing last night. Lambert then reviewed the specific recommendations for the trail system in the area of Welter's Purgatory Acres development. Anderson asked if there is any way to alert property owners to the fact that there may be a trail constructed at a later time. City Attorney Pauly said there is no procedure or method of imposing notice on the adjoining lots that the adjacent land is owned by the City. Anderson said he thought it was important to plan for getting people to the neighborhood playgrounds. Bentley asked Lambert what action he would like the Council to take. Lambert said he would like two actions: to have the City go on record as reviewing the concept of what is going to happen in the overall Purgatory Creek area and, at some point, approving the concept; and to take action on our intent for the area of Welter's Purgatory Acres. Jim Ostenson, representing the developer of Welter's Purgatory Acres, said they are suggesting less than 20 feet for the outlot. Lambert said that sufficient width is needed for the sidewalk and maintenance as well as sufficient setback. Bentley said he thought we are dealing with two basic issues--the conservation/preservation issue and the trail issue. City Council Minutes -13- December 16, 1986 MOTION: Bentley moved, seconded by Redpath, to adopt the preservation plan for the Purgatory Creek Valley as presented by the Director of Community Services. Lambert asked if the preservation policy would then be to continue to require dedication of the 100-year flood- plain by the developers. Bentley said that was correct, plus continuing the scenic easement procedures that we have been using. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to continue discussion of the trail system issue to the second meet- ing in January in order to have time to analyze the recommendations more closely and to direct Staff to provide all the supportive data relative to the issue. Anderson expressed his concern about reviewing another development before the trail system issue is determined. VOTE ON THE MOTION: Motion carried unanimously. Bentley noted that there is no Agenda item relative to the Welter's Purgatory Acres project and he was con- cerned about discussing a Public Hearing item when it is not on the Agenda. A discussion followed as to whether the Public Hearing had been continued or if 1st Reading had been given with the trail system issue to be dealt with prior to 2nd Reading. The consensus was that the Public Hearing had been closed. Ostenson noted that another contingent ivem was the issue of construction traffic. He said Mr. Welter does not have a problem with the trail plan as it is laid out now; but they are concerned about the width of the out- lot between the two lot lines. He said they would pre- fer to see a 15-foot outlot with a 5-foot concrete side- walk and that they would prefer to create an outlot rather than provide an easement. Peterson said this was referred to Staff to work with proponent and return at 2nd Reading with the problems either resolved or not resolved; thus the Council does not usually get involved at this stage. A discussion followed as to whether the Welter's Purga- tory Acres portion of the Purgatory Creek Trail System should be considered separately or as part of the overall system to be considered at the second meeting in January. City Council Minutes -14- December 16, 1986 City Attorney Pauly said he thought Mr. Lambert is looking for affirmation that this plan in this area would meet with approval and he would then work out the details in the Developer's Agreement. Peterson said he did not want to go on record tonight as approving the trail exactly as proposed without fur- ther study and information available. Lambert said all he was asking for at this point is whether we want a foot path here with access to this area so that if we do want a path, the developer will have to work with Staff on it. MOTION: Bentley moved, seconded by Anderson, to approve in concept the trail plan for the Welter's Purgatory Acres area as presented tonight, including the dedica- tion of an outlot, in order to provide direction to Staff in preparing a Developer's Agreement. Motion carried unanimously. Peterson complimented Mr. Lambert on his very thorough and well-formatted analysis of the trail system. 2. Park Reservation Policy Director of Community Services Lambert reviewed his memo of December 3, 1986, dealing with proposed solu- tions to the problems that exist regarding the Park Facility Reservation policy. He said the Parks, Recrea- tion & Natural Resources Commission reviewed the prob- lems and proposed solutions, agreeing with the solutions proposed for seven of the problems and suggesting changes to the remaining three solutions. Peterson suggested the deposit be called a damage/open and close deposit so people understand what it is for. Anderson said he thought there should be an attendant on duty at all times when there is a group there. Lambert said he didn't think we can afford it and that he thought it was probably not necessary because they have had very few problems to date with vandalism. Anderson said he thought an attendant would help avoid such situations as loud beer parties. Lambert said there is a pay phone in each building and groups can call 911 to get the Park Ranger's assistance if problems arise. He said he would include the instructions to call 911 for assistance on the back of the form. MOTION: Bentley moved, seconded by Redpath, to approve the proposed changes to the Park Facility Reservation City Council Minutes -1 5- December 16, 1986 Policy as amended and approved by the Park, Recreation & Natural Resources Commission and to direct Staff to report back next fall on how the revised policy worked during the coming season. Motion carried unanimously. 3. Donation of Barn by the Brown Family Director of Community Services Lambert reviewed his memo of December 9, 1986 regarding the offering of a barn on the Brown farm at the south end of Bennett Place. He said it will cost about $4o,000 to move the barn, re.. model it and landscape the area in Homeward Hills Park to which it would be moved. He said the funding would come from the Five Year Capital Improvement Program for park and open space development. MOTION: Redpath moved, seconded by Bentley, to accept the donation of the barn and to direct Staff to send a letter thanking the Brown family for their donation. Motion carried unanimously. E. Report of Director of Public Works 1. Award Contract for Wells and Collector Line Contract, I.C. 52-072B (Resolution No. 86-299) Director of Public Works Dietz reviewed the bids re- ceived for water supply improvements and noted the names of the low bidders for each of the three sections of the improvements contracts. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 86-299 accepting the bids for I.C. 52- 072B, Water Supply Improvements, from Layne-Western Co., Inc. in the amount of 1475,000,000; Barbarossa & Sons, Inc. in the amount of 1,447,700; and J. P. Norex, Inc. in the amount of $362,615.25. Motion carried unanimously. XI. NEW BUSINESS There was none. XII. ADJOURNMENT The Council adjourned to a special closed session with City Attorney Pauly to discuss matters in litigation. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 6, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris and Patricia Pidcock City Manager Carl J. Jullie, Assistant the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frame, Planning Director Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz and Recording Secretary Jan Nelson ROLL CALL: All members were present. SWEARING IN CEREMONIES FOR MAYOR GARY PETERSON AND COUNCILMEMBERS DICK ANDERSON AND JEAN HARRIS City Attorney Pauly administered the oath of office to Mayor Gary Peterson and to Councilmembers Jean Harris and Richard Anderson. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: XI. A. Cross Country Ski Trail; XI. B. Resolution No. 87-08. MOTION: Bentley moved, seconded by Pidcock to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES OF CITY COUNCIL MEETING HELD DECEMBER 2, 1986 The following changes were made to the Minutes: page 2, para- graph 9, sentence 1 -- change "upgrade" to "enlarge"; and page 3, paragraph 1, sentence 2 -- change "rick" to "brick". MOTION: Bentley moved, seconded by Pidcock, to approve the Minutes of the regular City Council meeting held December 2, 1986, as amended and published. Motion carried unanimously. III. CONSENT CALENDAR City Council Minutes -2- January 6, 1987 A. Clerk's License List B. Set Special Meetin with Park Bond Referendum Committee and Parks, Recreation & Natural Resources Commission for January 15, 1987, 7:30 PM, at the School Administration Boardroom C. Appointment of Fox, McCue & Murphy to serve as auditors for the City of Eden Prairie for 1986 D. Resolution No. 87-01, designating the Official City News- paper E. Resolution No. 87-02, authorizing City Officials to transact banking business F. Resolution No. 87-0?, authorizing use of facsimile signa- tures by Public Officials G. Resolution No. 87-04, designating depositories H. Resolution No. 87-05, authorizing the treasurer to invest City of Eden Prairie funds MOTION: Bentley moved, seconded by Anderson, to approve Items A - H of the Consent Calendar. Motion carried unani- mously. IV. PUBLIC HEARINGS There were no hearings. V. PAYMENT OF CLAIMS NOS. 31811 - 31932 and 31942 - 32218 Regarding Item No. 32001 to the City of Bloomington, Harris asked if this is a fee for impounding cars. City Manager Jullie said this is payment of impound service for animals. Pidcock asked what Item 32043 to Electric Service Co. for *12,668 was for. Jullie said this was payment for new sirens installed. Pidcock asked what Item 32063 to Greater Mpls. Area for $50.00 was. Jullie said this is a fee for subscription to their publication. Pidcock asked what Item 32083 to IBM for service was. Jullie said this was service on either typewriters or the copier. Regarding Item 31932 to Edina High School for a refund of ice time, Anderson asked if they rent ice from us now. Director City Council Minutes -3- January 6, 1987 of Community Services Lambert said this was for one game that the Edina team played for which they were unable to reserve time on their own ice. MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 31811 - 31932; 31942 - 32218. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Quail Ridge to sell Housing Revenue Bonds City Manager Jullie said that this issue hasn't been finalized and that they are continuing negotiations with the insurance company involved. He said the item should be continued. MOTION: Bentley moved, seconded by Pidcock, to refer this request back to Staff and to direct Staff to bring the request back on the Agenda when it is appropriate. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS A. Appointment of Councilmember to serve an unexpired term to January 31, 1988 on the South Hennepin Human Services Council; and appointments of two consumer representatives to serve two year terms to 1/31/89 Mayor Peterson noted that we are required to appoint a Councilmember to serve the unexpired term on the South Hennepin Human Services Council held by former Council- member Redpath. A discussion of the duties and obliga- tions of the position followed. MOTION: Bentley moved, seconded by Pidcock, to appoint Councilmember Harris to serve the unexpired term to January 31, 1988 on the South Hennepin Human Services Council and to appoint Nelma Mavison and Pat Nash to serve two year terms to January 31, 1989 as consumer representa- tives to the South Hennepin Human Services Council. Motion carried unanimously. City Council Minutes -4- January 6, 1987 B. Resolution No. 87-07, appointing Director and Alternate Director to the Suburban Rate Authority for 1987 MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No. 87-07, appointing John Frane as the Direc- tor and Richard Anderson as the Alternate Director to the Suburban Rate Authority. Motion carried unanimously. C. Resolution No. 87-06, designating the official meeting dates time and glace for the City of Eden Prairie clbers=inciaointnanActinmaorouncilmen MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No.87-06, designating the official meeting dates, time and place for the City of Eden Prairie Council in 1987, and appointing George Bentley as Acting Mayor. Motion carried unanimously. D. Association of Metropolitan Municipalities - Appointment of 1 Representative and 4 Alternates MOTION: Bentley moved, seconded by Pidcock, to appoint Mayor Peterson as the City's Representative to the Associa- tion of Metropolitan Municipalities with Councilmembers Anderson, Bentley, Harris and Pidcock as alternates. Motion carried unanimously. Pidcock asked when the first meeting of the A.M.M. would be. City Manager Jullie said he was not sure but would report back on it. E. Health Officer - Appointment of 1 Health Officer for the year 1987. Appointment by Mayor with consent of Council. Mayor Peterson said that there is no longer a separate Health Board for Hennepin County and so there is no longer a need to appoint a Health Officer. F. WAFTA Board (Western Area Fire Training Association) - Appointment of 1 Representative to serve a 1-year term commencing 1/1/87 MOTION: Anderson moved, seconded by Harris, to appoint George Bentley as the Representative to the WAFTA Board. Motion carried unanimously. G. Appointment of City Attorney for 198? MOTION: Pidcock moved, seconded by Harris, to appoint the firm of Lang, Pauly & Gregerson, Ltd. as City Attorney for 1987. Motion carried unanimously. City Council Minutes -5- January 6, 1987 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Councilmember Bentley expressed concern about the thin ice he observed at the Preserve pond skating rink and said he thought it should be posted to warn people of the ice con- ditions. He also noted there may be other similar ponds in the City with thin ice conditions. Bentley also asked when the street lights just west of the bridge over Anderson Lakes Parkway will be operational. Director of Public Works Dietz said he was not aware that the lights were not working and would check on it. Bentley then noted his amusement at the unusual sign posted outside Preserve Park regarding dog droppings. Director of Community Services Lambert said it is the international sign used for such warnings. Councilmember Anderson noted his approval of the use of logs to block some of the roads in certain parts of the City in order to limit access. A discussion followed as to where such road blocks existed and for what purpose. B. Report of City Manager 1. Report on appointments to the Committee on Bicentennial of the U. S. Constitution City Manager Jullie said Staff recommends that appoint- ments to this Committee be made part of the Council's regular appointment process to Commissions, Boards and Committees in February. MOTION: Bentley moved, seconded by Anderson, to accept the recommendation of Staff to appoint members to the Committee on Bicentennial of the U. S. Constitution as part of the Council's regular appointment process in February. Motion carried unanimously. C. Report of City Attorney City Attorney Pauly expressed his thanks for his reappoint- ment as City Attorney. He also noted that Mr. Dorenkemper has again sued the city. He reviewed the details of the lawsuit and the history of previous lawsuits involving Mr. Dorenkemper. Mayor Peterson noted his pleasure at Mr. Pauly's firm estab- lishing an office in Eden Prairie. City Council Minutes -6- January 6, 1987 XI. NEW BUSINESS 1. Cross Country Ski Trail Director of Community Services Lambert reviewed his dis- cussion with Chuck Pappas of the Flagship Athletic Club regarding establishing a cross country ski trail around the Purgatory Creek recreation area. He noted that this is only in the discussion phase and that there are several obstacles to overcome before such a trail could be built, such as obtaining the approval of the 12 property owners involved, the two creek crossings that would be required, the clearing of vegetation on one side of the creek, and parking facilities to be provided. Lambert said he would like the Council to authorize Staff to proceed with this and to accept the responsibility for liability and maintenance of the trail if it is built. He noted that property owners have not yet been contacted. Anderson noted he thought this was a super idea. He asked if the trail would hook up with the Staring Lake trail. Lambert replied that this wouldn't be possible at this time but such a connection would be provided in the future. Bentley said he also thought it was a good idea and asked if the z:onfiguration is designed to follow the ultimate pathway proposed in the park plan. Lambert said it is. Bentley then asked if there was a cost estimate for putting it in. Lambert said the current deal with Mr. Pappas is for the Flagship to pay for the costs of putting in the trail and then the City will maintain it. Peterson asked how the trail crosses the creek at Anderson Lakes Parkway. Lambert replied that there is a culvert with dirt over it just north of the roadway that will be used for the trail. Harris asked Lambert if he foresaw any resistance to the proposal on the part of the property owners. Lambert said he could see four problem areas -- the Carmody's because they are not in town, a property under sale, one that has gone bankrupt and the Hyde property. Peterson asked City Attorney Pauly if the City could effec- tively hold harmless the property owners by stating that the City assumes responsibility for the trail. Pauly said we could but that we should make sure to have the proper insurance coverage. Pauly also said the fact that the City City Council Minutes -7- January 6, 1987 would agree to indemnify a property owner for any liability would not preclude a third party from suing the property owner. Pidcock asked what the insurance costs would be for the trail. Lambert said he thought we would have to make sure we notify them that we are adding this ski trail and that their major concerns would be how it is main- tained and that there are no steep hills or sharp turns. He said this terrain is very flat so there shouldn't be a problem,but the insurance company would probably want to look at it. MOTION: Anderson moved, seconded by Pidcock, to permit Staff to continue to study the details and explore the feasibility of a cross country ski trail in the Purgatory Creek recreation area. Anderson asked if it would be possible to cross the creek further to the north of the proposed crossing. Lambert said that would require putting in a bridge and would probably cost $30,000440,000. Pidcock noted that she would like to see all the costs that will be involved in this project when it is brought back to the Council. VOTE ON THE MOTION: Motion carried unanimously. 2. Resolution No. 87-08 Mayor Peterson reviewed the resolution proposed by Ms Dottie Ewert on behalf of the local Toughlove group and the Eden Prairie Parents Support Group to proclaim the month of February as "Eden Prairie Loves Its Kids" month. MOTION: Bentley moved, seconded by Harris, to adopt Reso- lution No. 87-08, proclaiming February, 1987, as "Eden Prairie Loves Its Kids" month. Motion carried unanimously. Harris asked why the Council Agenda does not include the estimated times for the beginning of each item, particularly for Public Hearings. Peterson replied that this had been discussed but that he was reluctant to stop testimony at Public Hearings, and further, that he believed it was im- possible to know that an item is going to take a certain amount of time. Harris asked Planning Director Enger to describe the experi- ence of the Planning Commission with such a timed format. City Council Minutes -8- January 6, 1987 Enger said this resulted from some suggestions last year and was initiated along with sign-up cards for those wishing to speak at the Public Hearings. He said the times are estimates and they have had no Complaints on the estimated times being inaccurate but have had numerous complaints that all Public Hearings are published as 7:30 PM. He also said the Planning Colmissioh:meetings move much more quickly With the estimated time format. Anderson suggested that, this be put on the Agenda for a future meeting so that Staff can preSent some recommenda- tions on organization -cif:the Council meetings and the Council can then disOUSS the recommendations and take appropriate action. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 8:25 PM. Motion carried unanimously. " CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST January 20, 1987 $ CONTRACTOR (MULTI-FAMILY & COMM.) Amcon Corporation J. R. Anderson Construction Kermit Brunell Remodeling Centex Homes Corporation Du-All Service C. F. Haglin & Sons Co. Helle Corporation Johnson Beck Construction Keho Construction Co. Knutson Construction Kraus-Anderson of Minneapolis Lifetouch, Inc. Lovering Associates, Inc. M. A. Mortenson Co. Nelson Brothers Construction New Concept Homes Northern States Power Northwest Raguet Club Opus Construction Prairie Construction Ryan Construction of Minn. Shaw-Lundquist Associates, Inc. Sheehy Construction J. B. Swedenborg Const. W. J. White Company CONTRACTOR (1 & 2 FAMILY) Burgess Construction Co. Donnay Homes, Inc. Goodwin Builders, Inc. T. Gray Construction Gustafson & Associates, Inc. Wes Hanson Builders, Inc. Homeol ace Builders, Inc. Kaster Construction, Inc. Knob Hill Homes, Inc. Lake Minnetonka Homes, Inc. Darley G. March Monnens Bros. Construction Narr Construction, Inc. Quigley Construction, Inc. CONTRACTOR (1 & 2 FAMILY CONT.) Charles Richard, Inc. Rolvn Properties, Inc. The Rottlund Company, Inc. Smuckler Corporation Suntree Homes T S E Construction, Inc. Vision Landscaoe Woodsmen Construction Zachman Brothers Construction Co. HEATING & VENTILATING B & Plumbing & Heating Easton Electric A Heating Fair Air Mechanical Haves Contractors Heating Consultants JTS Services, Inc. Master Heating A Cooling Nielsen Sheet Metal WATER SOFTENER Sqrge Soft Water SCAVENGER Schrader Block Co., Inc. GAS FITTER Fair Air Mechanical Hayes Contractors Master Heating & Cooling PLUMBER B & 0 Plumbing A Heating Wm. L. Gadtke Plumbing, Inc. Hayes Contractors Pat So ie, Licensing 1 CLERK'S LICENSE APPLICATION LIST page two TYPE B FOOD Joan's Gift Baskets CIGARETTE Amaco Food Shop A & J Enterprises ARA Services Terrific 'Lunch Co. Eatery on the Pond MECHANICAL GAMES Advance Carter PRIVATE KENNEL LICENSE (RENEWAL) Joan Coleman Eugene Swanson Ken Kunstmann REFUSE HAULERS Buckingham Oisoosal Browning Ferris Industries quality WasteControl A & W Sanitation :WattejMana0ement - Savage Reuter,„Inc,:: 3,2: BEER-.ONISALE Hakim's. Chinese:CUisine, Inc. foOD-VEHICLES A& J Enterprises TYPE C FOOD Amaco Food Shop These licenses have been approved by the department heads responsible for the licensed activity. MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council Sandra F. Werts, Recreation January 14, 1987 Holasek House FeaSibility . Supervisoe In November, the City Council requested the Historical and Cultural Commission tin look into the feasibility of:beinging the former HOlatek hoUSe batk to Eden Prairie and using it for historical or cultural purposes, The house is currently owned by Arteka and ,was relocated to a site in Minnetonka, north of Its 'former location on Baker :Road. I contacted the Grants Management Office of the Minnesota Historical Society and spoke with Beverly Mitchell, a staff Member there. She informed me' that once A Wilding has been it:Wed it is for the National Register or for federal grants. The state follows the same guidelines when dispersing state grants. Funds for renovating the house would have to Come from other sourses. Bob Lambert received a quote for Moiling the house froma mover with a good reputation as being reliable. He wasAuoted an amount of $35,000-$40,000 to move the house to the Cummins-Grill--.HoMested. The Commission received a brief background_on this request at their meeting and discussed it further at their -January 8, 1187 meeting. The following motion was unanimously passed by the:Commission: MOTION: The Historical and Cultural Commission wishes to Inform the City Council that it is not interested in the AolaSek House. The house is not eligible for the National Register of Historic Places or for federal and state grants. The commission would like to concentrate its energies:On: the historic properties the City currently owns. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-09 A RESOLUTION REGULATING FEES AND CHARGES FOR BUSINESS LICENSES PERMITS AND MUNICIPAL SERVICES The City Council of the City of Eden Prairie resolves as follows: INDEX SECTION 1 FEES, CHARGES AND RATES AUTHORIZED AND DEFINED SECTION 2 FEES, RATES AND CHARGES PURSUANT TO CITY CODE SECTION 3 OTHER FEES, RATES AND CHARGES SECTION 1. FEES, CHARGES, AND RATES AUTHORIZED AND DEFINED The fees, charges and rates for the purposes set forth in this Resolution for licenses, permits and municipal services shall be in the amounts set forth in the following sections. SECTION 2. FEES, RATES AND CHARGES PURSUANT TO CITY CODE The following fees, rates and charges required to be fixed and determined by Resolution of the City Council pursuant to the City Code and for other licenses, permits and municipal services are hereby fixed, determined and adopted as hereinafter set forth. Business Licenses: 2.1 CIGARETTES (section 5.35) Annual 2.2 CONTRACTORS (Section 5.33) Annual One & two family Multi-family & commercial 2.3 DANCE HALLS (Section 5.31 & 5.32) Annual $12.00 $15.00 $25.00 Public Shows or Dances $400.00 if live musicians are employed. $100.00 where music is provided exclusively by electrical or mechanical device(s). Incidental Shows or Dances $300.00 if live musicians are employed. $50.00 where music is provided exclusively by electrical or mechanical device(s). $25.00 when live musicians are employed and when the applicant is a religious, charitable or other non-profit organ- ization and the permit is for a special event or limit- ed period; when music is to be provided exclusively by electrical or mechanical means for such non-profit organization, the fee shall be $10.00. No fee is required for dances conducted by the Park and Recreation Department, any agency of the Eden Prairie School District, or the Eden Prairie Foundation. 2.4 DOGS (Section 9.07) License: Male Female Impounding fees: Boarding fee: Euthanasia fee: Annual $4.00 Annual $4.00 $25 - 1st offense/year $50 - 2nd offense/year $100 - 3rd offense/year $7.50 per day $5.00 2.5 DOG KENNELS (Section 5.60) Annual Commercial $50.00 Private $25.00* *Includes three individual dog licenses and tags. An additional $4.00 for each dog over three dogs. 2.6 DRIVE-IN THEATERS (Section 5.31) Annual Theaters Annual 2.7 FOOD ESTABLISHMENTS (section 5.38) $300.00 $200.00 A. Restaurants, stores, supermarkets, manufacturing and processing plants, etc. $225.00 Supplementary areas: bar, kitchen, meat market, bakery, grocery store, other. each $ 15.00 B. Bottled soft drinks and packaged products sold in prepackaged form each $ 40.00 supplementary area $ 10.00 C. Other food establishments not in "Au each $175.00 supplementary area $ 15.00 $ 10.00 $ 55.00 $ 50.00 $ 30.00 each $ 15.00 $100.00 $300.00 $ 40.00 $ 15.00 Itinerant food establishment first day each additional day Temporary food license Retail candy shop - when operated in connection with another licensed food establishment $ 35.00 Retail candy outlet Readily perishable food vehicle, including bakery food vehicle Vending machines for food or beverage Catering food vehicle 2.8 GAMBLING (see Ordinance No. 1-83) Annual Fee Temporary Fee 2.9 GAS FITTERS Annual Class A 2.10 GRAVEL MINING (Section 11.55) Application fee first truck additional Annual Performance license bond Land alteration incidental mining (0 to 25,000 c.y.) total plan volume $ 200.00 Borrow pit, with 25,000 - 75,000 c.y. annual plan volume $2,000.00 Borrow pit with more than 75,000 c.y. annual volume $2,500.00 $750.00 $10,000.00 2.11 HEATING & VENTILATING Annual $ 15.00 2.12 LIQUOR (Chapter 4) Non-intoxicating malt liquors Annual Application fee $100.00 On-sale $ 50.00 Off-sale $ 10.00 $100.00 $1,000.00 $300.00 $10,000.00 Liquor On-sale Liquor On-sale - fraternal Annual $7500.00 Investigation fee $500.00* Clubs - Annual $100.00 Investigation fee $500.00* non-fraternal Clubs-Annual- Liquor On-Sale - wine Sunday Liquor Employee License 50% of annual on-sale fee Investigation fee $500.00* Annual $2000400 Application fee $250.00 Annual $200.00 Annual $ MAO ' *An investigation fee not to exceed $500thalli)etharged an applicant by the City if the investigation is conducted WithinAhe state, or-the actual cost not to exceed $10,0,0 if the :investigation is required outside the State, shall'hitharged=an applicant by the City, 2.13 MECHANICAL AMUSEMENT DEVICES & AMUSEMENT :tENTEBS (Section 5.30) For each of the first three machines/devices ('A") $ 25.00 Juke boxes, kids rides, etc. per machine (IP &:"C") $ 25,00 2.14 PEDDLERS (Section 5.37) Annual-evidence of State Litense $ 5.00 2.15 PLUMBING LICENSE No fee - State Bond/Insurance required 2.16 PUBLIC SERVICES Refuse & garbage collectors (Section 5.36) Annual 1st vehicle $ 30.00 Each additional vehicle $ 15.00 Scavengers (Section 5.34) Annual $ moo 2.17 WATER SOFTENING & FILTERING No fee - State License required 2.18 WELLS No fee - State License required 2.19 BUILDING PERMITS (Section 10.06) Total Valuation Fee $1.00 to $500.00 $10.00 $501.00 to $2,000.00 $10.00 for the first $500.00 plus $1.50 for each additional $1,000.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $32.50 for the first $2,000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $170.50 for the first $25,000 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,000.01 to $100,000.00 $283.00 for the first $50,000 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100,000.00 $100,000.00 and up $433.00 for the first $100,000 plus $2.50 for each additional $1,000.00 or fraction thereof. PLAN CHECKING FEES: Plan checking fee shall be 65% of the building permit fee. $ 25.00 Engineer's approval) 2.20 DEMOLISHING OR RAZING BUILDINGS (Section 10.05) Plan Checking Fees Fee 101 to 1000 cubic yards $22.50 1001 to 10,000 cubic yards $30.00 10,001 to 100,000 cubic yards $30.00 for the fir yards, plus $15.00 tional 10,000 cubi tion thereof. st 10,000 cubic for each addi- c yards or frac- 2.21 EXCAVATION & GRADING (Chapter 70, U.B.C. 1986 & City $165.00 for the first 100.000 cubic yards, plus $9.00 for each additi- onal 10,000 cubic yards or fraction thereof. 100,001 to 200,000 cubic yards 200,001 cubic yards or more $255.00 for the first 200,000 cubic yards, plus $4.50 for each additi- onal 10,000 cubic yards or fraction thereof. Other Inspections and Fees Additional plan review required by changes, additions or revisions to approve plans: (minimum charge = one half hour) - $30.00 per hour. Grading Permit Fees 101 to 1,000 cubic yards $22.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards $117.00 for the first 1,000 cubic yards plus $9.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards $198.00 for the first 10,000 cubic yards plus $40.50 for each additional 10,000 cubic yards or fraction thereof. 100,001 or more $562.00 for the first 100,000 cubic yards plus $22.50 for each additional 10,000 cubic yards or fraction thereof. Other Inspections and Fees (minimum charge = 2 hours) Inspections outside of normal business hours $30.00 per hour* $30.00 each* Reinspection fee assessed under provisions of Section 305 (g) Inspection for which no fee is specifically indicated (minimum charge = one-half hour) $30.00 per hour* Additional plan review required by changes, additions, or revisions to approved plans (minimum charge - one-half hour) $30.00 per hour* *or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. 2.22 EXCAVATION OF STREETS (Section 6.07) $10.00 2.23 FIRE PREVENTION PERMITS (Section 9.05) Storage & handling of flammable liquids $25.00 Storage & handling of corrosive liquids $25.00 Dry cleaning establishments $25.00 Hazardous chemicals $25.00 Resurfacing & refinishing $25.00 Installation of LP tanks $25.00 Installation of flammable & combustible liquid tanks $25.00 per tank Tents $25.00 Grease vapor removal system cleaning (per cleaning) $25.00 Fireworks $25.00+ (+ . standby firefighters at present hourly rate) Explosives, storage or handling $25.00 Burning permits, limit 2 days per week $50.00 per week Fire alarm system (10.06) - based on valuation - see 2.19 2.24 HEATING & VENTILATION (Chapter 10) A fee for the issuance of a permit for work and for making inspect- ions pursuant to applicable ordinances shall be as set forth in the sections which follow, except as provided in the State Building Code. A. Job Valuation 0 to $1,000 $1,000 to $10,000 $10,001 to $50,000 $50,001 and up 2% (.02) of job value - minimum of $10 $20 for the first $1,000 plus $1.25 for each additional $100 or fraction thereof to and including $10,000. $132.50 for the first $10,000 plus $1.00 for each additional $100 or fraction thereof, to and including $50,000. $532.50 for the first $50,000 plus $7.50 for each additional $1,000 or fraction thereof. B. Gas Piping For 3 openings on gas up to 2" Each additional opening Over 2" Each additional opening C. Reinspection Fee $3.00 $1.00 $7.50 $1.00 $30.00 each D. Double Fee - all work started without a permit $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 5.00 $ 7.50 $ 2.00 $ 2.00 $ 5.00 $15.00 $10.00 $10.00 $15.00 $ 7.50 $ 3.00 $ 1.00 $ 7.50 $ 1.00 $ 7.50 $ 5.00 $ 5.00 $ 5.00 2.25 HUNTING Landowner free Resident $ 5.00 Non-resident $10.00 2.26 INCINERATORS (Section 9.05) $25.00 2.27 MOVING A BUILDING (Section 10.05) $1,000 deposit each from the owners of the building and building mover. Moving a building $250.00 Moving a garage only $50.00 2.28 PLUMBING (Chapter 10) Fixtures - each Rough-in fixtures Setting fixtures on previous Electric water heater New ground run for existing building Sump and receiving tank Water treating device (softener) Washer openings Sillcocks For extending water lines Sewage disposal (individual) Municipal sewer per 100 feet Municipal water per 100 feet Meter inspection and sealing Inside change over.- sewer, water or both For 3 openings on gas up to 2" Each additional opening Over 2" Each additional opening Storm sewer & sub soil drains per 100 feet Gas stove Bar-b-que Incinerator Minimum permit fee $ 7.50 Other Inspections and Fees Reinspection fee $30.00 each Double fee - all work started without a permit 2.29 FIRE SPRINKLER SYSTEMS (Section 9.05) 1 - 5 heads 6 - 25 heads 26 - 50 heads 51 - 200 heads 201 and up $15.00 $15.00 first 5 heads plus $10.00 each additional 10 heads or fraction thereof. $35.00 first 25 heads plus $ 7.50 each additional 10 heads or fraction thereof. $57.50 first 50 heads plus $ 5.00 each additional 10 heads or fraction thereof. $132.50 first 200 heads plus $ 2.50 each additional 10 heads or fraction thereof. Relocate sprinkler heads, piping or appliances - fees are the same as described above for new installations, Standpipes 1- 3 floors $15.00 each stairway $10.00 each additional floor or fraction thereof for each stairway 2.30 SIGNS (Section 11.70) Up to 33 square feet in size $12.00 33 square feet through 60 square feet in size $15.00 61 square feet to 100 square feet in size $18.00 Each additional 100 square feet or portion thereof not exceeding 300 square feet additional - per year $ 2.00 Each additional 100 square feet or portion thereof over a total of 400 square feet additional $ 2.50 Fees shall not be pro-rated for a period of time less than shown. The surfaces of double or multi-faced signs shall be combired for the purpose of determining the amount of the fee. 2.31 SEPTIC SYSTEM PUMPING (Section 10.02) $ 5.00 2.32 hAlER SOFTENING AND FILTERING (Chapter 10) $ 5.00 2.33 WELLS (Section 10.04) $15.00 Development Fees 2.34 PLANNED UNIT DEVELOPMENT (P.U.D.) (Section 11.40) $300 minimum or $5/acre - whichever is greater. PLANNED UNIT DEVELOPMENT AMENDMENT $300 minimum or $5/acre - whichever is greater. 2.35 ZONING (Section 11.77) $300 minimum or $5/unit (residential) - whichever is greater. $300 minimum or $25/acre (commercial, industrial, office, public) whichever is greater. 2.36 PLATTING (Section 12.04) $200 minimum or $5/lot (residential - whichever is greater) $200 minimum or $25/acre (commercial, industrial, office, public)- whichever is greater. SITE PLAN REVIEW $300 minimum or $5/acre - whichever is greater. 2.37 CASH PARK FEES (Section 12.40) Single family unit $420.00 All other residential $320.00 per unit Office, commercial, industrial $2300.00/acre 2.38 SHORELAND MANAGEMENT ORDINANCE PERMITS (11.50) Temporary structure in public waters Change in structure in public waters Multiple dock or dock in excess of 75' Variance request for dock in authorized dock use area Utility Charges (Section 3.02) 2.39 SYSTEM ACCESS CHARGES A. For sanitary sewer: as established by the Metropolitan Waste Control Commission and as agreed by the City Council at its November 17, 1981 meeting. B. For sanitary sewer - $175 per R.E.C. plus $105 $350 each Metro SAC for industrial, public, office - plus $105. $525 each Metro SAC for commercial - plus $105. For water - $375 per R.E.0 $ 750 each Metro SAC for industrial, public, office. $1125 each Metro SAC for commercial. $10.00 $10.00 $10.00 $1 0.00 Commercial, Industrial, Office and Public Per acre $100.00 per acre (minimum $250.00) 2.40 USER CHARGES A. Sanitary sewer $1.35 per 1,000 gallons subject to a minimum of 5,000 gallons per quarter per R.E.C. B. Water - $.95 per 1,000 gallons subject to a minimum of 5,000 gallons per quarter per R.E.C. C. The minimum monthly use charge for uses other than residential shall be the same as 1 R.E.C. D. A residential equivalent connection (R.E.C.) is one dwelling unit. E. In addition to the charges in A., B., C., and D. each R.E.C. will be billed: $6.25 fixed charge for water and $6.25 fixed charge for sewer per quarter. F. Unmetered residential sewer only use charges are $20.65 per quarter per R.E.C. plus a $6.25 fixed charge. G. Penalty for billed charges: 1% per month on account not paid within 30 days of billing. 2.41 WATER/SEWER CONNECTION FEE (Section 3.07) A. In addition to applicable charges listed above, a connection fee of $7400 per single unit is applicable if the property has not participated in the cost of the utilities by other methods. SECTION 3. OTHER FEES, RATES AND CHARGES 3.1 GUIDE PLAN CHANGE $300 minimum or $5/acre - whichever is greater. 3.2 ENVIRONMENTAL ASSESSMENT WORKSHEET (E.A.W.) $300 minimum or $5/acre - whichever is greater. 3.3 ENGINEERING SERVICES TO LAND DEVELOPERS For consultations, utility and street plans and specifications, general and final inspection of improvements and special assessment division (collected at time of final plat): Residential Per unit $40.00/unit (minimum $250.00) Plus cost of review by special consultants necessary as determined by the City Manager. Deposit required. Administrative Land Division $ 50.00 3.31 CHARGES FOR PUBLIC RIGHT-OF-WAY OR EASEMENT VACATION FEE Application fee per each transaction for vacating the City's interest in real property, including right-of-way and easements (for consultation, review, notice mailing, publication of notice, and recording). $100.00 3.4 APPEAL TO BUILDING BOARD OF APPEALS $ 20.00 3.5 ZONING AMENDMENT AND ZONING APPEAL (Appealing to Building Code Board of Appeals) Zoning amendment $200.00 Residential (includes building additions, decks, and Code interpretations) $ 75.00 Other (includes variances associated with office, industrial, commercial development and variances associated with new construction) $125.00 Plus cost of review by City Staff and/or special consultants necessary as determined by the City Manager. Deposit required. 3.6 SPECIAL ASSESSMENT SEARCHES $10.00 per parcel. No charge for Eden Prairie residents on searches of their homesteaded property. 3.7 MAPS AND PRINTING $ .50 per square foot for miscellaneous printing. $3.00 each for small size (2' x 3' or less) City maps. $5.00 each for large size City maps. $12.50/acre for Mark Hurd Co. topography maps previously purchased by the City, except $5.00/sheet if topo map purchased by other than City and with original purchaser's permission. New order through Mark Hurd Co. - their original charge plus $.50/acre. Duplicating costs: $.50 for the first 5 pages of any file and $.25 for each additional page, plus postage, if any. $75 annual charge for City Council Minutes (pro-rated) $50 annual charge for Planning Commission minutes (pro-rated) 3.8 COMMUNITY CENTER A. Ice Arena Rental - prime-time = $75.00/hour (with applicable tax) Non prime-time $65.00/hour (3 a.m. to 2 p.m. on days when school is in session.) School District Educational Classes . $20.00/hour School District Hockey Team practice, Hockey Association of Eden Prairie, Eden Prairie Figure Skating Club and any other Com- munity Group that books a minimum of 100 hours of ice time: prime-time = $70.00/hour, non-prim time = $35.00/hour. Hockey games - $72.50/hour (personnel required to run the games supplied by others - school keeps 100% of the gate minus ice time and personnel costs.) Individual open skating fees 17 years and under = $1.00 18 years and older = $2.00 Family skate = $4.00/family Recommended open skating times: Monday, Wednesday & Friday from 10 a.m. to 1 p.m.; Friday nights from 8 - 11 p.m.; Saturdays from 1 - 4 p.m. and 8 - 11 p.m.; and Sunday after- noons (family skate) from 1 - 4 p.m. B. Swimming Pool Residents: Rental fee - group reservations: 25 participants or less is $27.50/hour with 1 Staff person; 25 - 50 participants is $34.50/hour with 2 Staff persons; and over 50 participants Is $42.50/hour with 3 Staff persons. Non-Residents: $70.00/hour plus $5.00/hour/lifeguard School District Educational classes = $17.50/hour School District/Foxjet after school use (team practice) $20/hour School District/Foxjet swim meets . $22.50/hour Individual open swimming fees: 19 and older = $2.00 5 - 18 years = $1.00 Tots 4 years and under $.50 (accompanied by an adult) Recommended open swimming times: Open family and adult swim- ming times would be spaced throughout the day Monday through Friday. Longer sessions would be available on Saturdays and Sundays. Hours would range from 1 1/2 to 2 1/2 hours Monday through Thursday. Friday, Saturday and Sunday would range from 1 1/2 - 4 hours to accommodate family recreational swimming. C. Racquetball Courts Rental fee - School Dsitrict use $12/hour for 3 courts (includes use of available racquets and eye protectors.) D. Fitness Center Rental $35.00/hour Individual use = $1.00 E. Meeting Rooms Only private profit-oriented groups will be charged for use of meeting rooms. Room fl $10.00 per hour - first floor Room #2 = $10.00 per hour - first floor Rooms #1 & #2 = $20.00 per hour - first floor Room #3 = $15.00 per hour - second floor F. Lockers There is no charge for lockers, but members/guests must provide own locks. G. Membership Fees All memberships become due January 1st of any given year; member- ships purchased after January 1st are pro-rated on a monthly basis. Non-resident fees are approximately 150% of those charged for residents. Swimming & Fitness Membership Family = $85.00 Individual = $50.00 Scheduled open swims are free; free use of fitness center. Fitness Membership Family = $40.00 Individual = $25.00 Free use of fitness center. Racquetball & Fitness Membership Family = $85.00 Individual = $50.00 $2.50 per member for racquetball court; free use of fitness center. Swimming, Skating and Fitness Membership Family = $120.00 Individual = $80.00 Scheduled open swims are free, scheduled open skating is free, free use of fitness center. Swimming, Racquetball & Fitness Membership Family . $135.00 Individual = $85.00 Scheduled open swims are free, $2.50 per member for racquetball court, free use of fitness center. H. Daily Use Fees Ice Arena - open skating 19 and over = $2.00 18 and under = $1.00 Family skate = $4.00 per family Swimming Pool - open swim 19 and over = $2.00 5 - 18 years = $1.00 4 and under (accompanied by paying adult) = $.50 Fitness Center $1.00 per day Racquetball Courts Live or work in Eden Prairie (proof required) $3.50 per person per hour. Anyone outside of Eden Prairie = $4.25 per person per hour Persons with racquetball memberships will pay $2.50 per person per hour. Maximum court fee . $10.00/hour I. Policy of Group Rates and Liabilities Supervision will be at the discretion of the Center Management. This will be based on the number of people to be using the Cente r as well as the age and type of group. Necessary life guards, building supervisor(s) and people to operate specialized equipme n t will be provided. Fees are $500 for City residents/groups; $650 for out of town groups. Fees are based on use of the Center fr o m 11:30 p.m. to 7 a.m. on a lock-in basis. An insurance policy fo r liability is also required. The maximum number in a group is 60 0 . Liability limits e.re $500,000 - bodily injury; $100,000 - proper t y damage; and $500,000 - personal injury. 3.9 PARK FACILITY FEES Fees are based on the number of people in attendance. Eden Prair i e Public service groups will not be charged a fee. Groups or co m p a n i e s outside of Eden Prairie may reserve facilities after June 1 of t h e current year only if they have a branch office in Eden Prairie o r have Eden Prairie residents as employees. Facility Use Fee Deposit Indoors Outdoors Round Lake Park Bldg $ 50.00 $ 50.00 60 150 Round Lake Park Pavilion $ 25.00 $ 50.00 75 150 Staring Lake Park Bldg $ 50.00 $ 50.00 60 150 Outdoor Center $150.00 $100.00 50 100 Fireplace Wood (Staring) $ 10.00 12 logs Pig Roast (exterior electric) $ 10.00 Dunk Tanks (Approval required)$ 10.00 Picnic Kit $ 15.00 Outdoor Hockey Rink 9 - 10 P.M. (Sunday - Thursday) $ 30.00/h o u r No private group of over 300 will be allowed to reserve facilit i e s a t a n y park. (Maximum number at Staring Lake Park will be 150.) 3.10 ASSESSING FEES Abatement fee = $5.00 per parcel per year. Copy of Appraisal/Field Card = $2.00 3.11 CITY CODE City Code - bound copy = $25.00 City Code - Chapter 11 . $ 4.00 City Code - Chapter 12 = $ 3.00 3.12 TAX EXEMPT FINANCING CHARGES $800 application fee 1/8 of 1% per year on the unpaid -principal balance Fees not stated in this Resolution may be set b y the'Oty.Manager. All Resolutions of the City of Eden Prairie, Minnesota -, relating to fees heretofore adopted are hereaby repealed. . ADOPTED, by the City Council of Eden Prairie this day of 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk 4, SPECIAL ASSESSMENT AGREEMENT This is an Agreement made this day of November, 1986 between the City of Eden Prairie, a Minnesota municipal corpora- tion (the "City"), and Frank R. Carderelle (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 (hereinafter 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, Bennett Place, including grading, paving, curb and gutter and the construction of utilities including storm sewer, water main, sanitary sewer, and trunk sewer and water (hereinafter collectively referred to as the "Improvements"). C. 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: 1. The Owner consents to the levying of an assessment against the property for the construction of the Improvements. 2. Blossom Road shall be constructed as a 28 foot wide residential street, including curb and gutter and all utilities referred to in Paragraph B. Bennett Place shall be constructed at a width as determined by the City and shall include curb and gutter and all utilities referred to in Paragraph B. For purposes of determining the amount of the assessment, the cost of the Improvements shall include, in addition to actual construction costs, administrative, 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 for the construction of the Improvements will be the cost to construct Bennett Place and Blossom Road as 28 foot wide residential streets, including curb and gutter and all utilities referred to above in Paragraph B. City at its option may increase the width of Bennett Place to more than 28 feet and the City will assume the cost for this additional width. 4. Furthermore, the cost to be assessed against the Property shall include an assessment for trunk sewer and water for 3.09 acres of Property at $2,720 per acre or $8,404.80. 5. The City's assessment records for the Property will show the assessment as a "pending assessment" until levied. 6. 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. 7. 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 he has by virtue of Minnesota Statutes Sec. 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees - from anyand all liability related to or arising out of the im- position or levying of the assessments. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation BY: Gary D. Peterson Its Mayor BY: Carl J. Jullie Its City Manager Frank R. Carderelle 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 the City of Eden Prairie, :a Minnesota municipal corporation, on behalf of the corporation. STATE OF MINNESOTA ) ) as. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1986, by Frank'R. Carderelle. Notary public' EXHIBIT "A" Lots 14 and 15 lying north of the.-:south 410 feet thereof all in Eden Prairie Acres, Eden Prairie-, Hennepin County, State of Minnesota. Said Property described above to be platted as J & L _subdivision. of Eden Prairie Acres. CI1N OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #8710 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WESTWOOD INDUSTRIAL PARK 3RD ADDITION FOR DALLAS DEVELOPMENT BE IT RESOLVED, by the Eden Prairie City Council as follows : That the preliminary plat of Westwood Industrial Park 3r d A d d i t i o n f o r D a l l a s Development, dated December 30, 1986, consisting of 5.2 acr e s i n t o t w o l o t s w i t h i n the Westwood Industrial Park, a copy of which is on file a t t h e C i t y H a l l , i s f o u n d to be in conformance with the provisions of the Eden Pra i r i e Z o n i n g a n d P l a t t i n g ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of J a n u a r y , 1 9 8 7 . Gary D. Peterson, Mayor ATTEST: John 0. Frane, City Cle—r-k STAFF REPORT TO: FROM: DATE: PROJECT: LOCATION: APPLICANT: REQUEST: Planning Comission Michael D. Franzen, Senior Planner Chris Enger, Director of Planning January 9, 1987 Westwood Industrial Plat 3rd Addition Southeast quadrant of the intersection of Bury Drive and Townline Road Dallas Min-Tex Corporation 1. Preliminary Plat of approximately 20 acres into two lots. Background This 5.06-acre site was zoned 1-2 Park in 1981 with stipulations that each building meet all applicable City Codes, no loading facilities are to face the creek, screening of all mechanical units, preservation of the slopes along the east property line, and screening of all parking and loading areas. There is a building currently under construction on existing Lot 1, Block 1, Westwood Industrial Park. Since this parcel is a Lot of record and correctly zoned, a building permit was issued following a Staff rev iew. Site Plan The site plan involves the con- struction of a one-story, 49,900 square foot office building at a 0.22 Floor Area Ratio (FAR). A total of 148 parking spaces are provided. The Code would require the provision of 139 spaces. The building and parking areas meet the setback requirement of the 1-2 Park zoning district. AREA LOCATION -MAii, RI,T=F7691.(r)tNirSs, Mitchell Estates 2 January 9, 1987 Arch itec ture The proposed one-story building will be constructed of rock face block, wood, and glass. Mechanical equipment will be screened with a metal panel painted to match the building. Grading The site has previously been graded with prior approvals for the Westwood Industrial Park. Until a building is constructed on the property to the south, the loading areas will be visible from the creek. Therefore, it is required that a temporary berm be constructed until such time that the building is in place. Landscap inq The City's landscape requirement is based upon a caliper inch for •the size of •the building and a caliper inch requirement for screening of parking and loading areas. The landscape plan is developed in compliance with City Code. Utilities Sewer and water service are available off Bury Drive. STAFF RECOMENDATIONS The Planning Staff would reconnend approval of the request for Preliminary Plat of approximately 20 acres into two lots based on plans dated November 5, 1986, and January 9, 1987, and based on the Staff Report dated January 9, 1987. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 86-11 A RESOLUTION APPROVING FINAL PLAT OF Westwood Industrial Park 3rd Addition WHEREAS, the plat of Westwood Industrial Park 3rd • Addition has ,bien 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 Westwood Industrial Park 3rd Addition is approved upon compliance with the recommendation of the City Engineer's report on thiOtat dated January 12, 1987. B. That the City Clerk is hereby directed I to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City- Council upon compliance with the foregoing, provisions. ADOPTED by the City Council on January 20, 1987. Gary D. Peterson -, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: January 12, 1987 SUBJECT: WESTWOOD INDUSTRIAL PARK 3RD ADDITION PROPOSAL: Dallas Development Company has requested City_•ouncil approval of the final plat of Westwood Industrial Park 3rd Addition. Copies of this proposal havelleen included with the,inaterial, provided for „Prellminary:Plat*Approval reque s t also scheduled for this meeting. The plat'cOntains approximately:20.acrettO be divided into two lots, 1.0t 1, Block 1 contains : 5.05 acres intended for the construction of an office building. A proposal for construction has not been submitted for Lot 2, Block I. HISTORY: The Preliminary Plat is scheduled for City Council review on January 20, 1986, (Resolution 87-10). Zoning to 1-2 Park was finally read and approved by the City Council on December 15, 1981, per Ordinance 81-20. The Developer's Agreement executed for Westwood Industrial Park shall apply to this addition. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and streets necessary to provide service to this property have been installed. PARK DEDICATION: Park dedication shall conform to City Code requirements. Page 2, Final Plat of Westwood Industrial Park 3rd Addition BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of4lettwoOd Industrial Park 3rd Addition subject to the requirements of this 'report, the Developer's Agreement and the folloWing: 1. Receipt of engineering fee in the amount of &500. ' 2. City Council-approval Of the Preliminary Plat (Resolution 87-10), DLO:sg . cc: Keith Nelson, Westwood Planning & Engineering Dallas Development CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-19 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to.te:conttrUcted fOr the cooling discharge line for Well Houser No. 7 requiret connection to the :MettopOlitan Waste Control Commission (MWCC) Interceptor system; and WHEREAS ., the proposed connection conforms to the Eden: Prairieromprehensive Sewer Plan.. NOW., THEREFORE, BE IT RESOLVED by the Eden Prairie City Council As follows: The City Engineer is hereby 'authorized And directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the Metropolitan Waste Control: Commission. ADOPTED by the Eden Prairie City Council on January 20, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk Shady Oak Ridge 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 54-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, 'REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance: (hereinafter, the "land") is legally described in Exhibit A attached hereto and made: a part hereof. Section 2. That action was duly initiated proposing •that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be;,--. and hereby is removed from the Rural District and shall be included hereafter in the' R1-13.5 District, and the legal descriptions of land in each District referred lo in -City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended- accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" And Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 20, 1987, entered into between Joseph Ruzic, an individual, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of November, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of January, 1987. 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 ZONING SHADY OAK 24D ADDITION ZONING DESCRIPT I O N That part of the Nortneast Quarter o f t h e S o u t h e a s t Q u a r t e r o f Section 2, which lies northerly of th e n o r t h e r l y r i g h t o f w a y o f Rowland Road, and lies northwester l y o f a l i n e d e s c r i b e d a s follows; beginning at the intersecti o n o f t h e N o r t h l i n e o f t h e Northeast Quarter of the Southeast Q u a r t e r a n d t h e W e s t e r l y r i g h t of way line of Rowland Road; thence S o u t h 8 8 d e g r e e s 5 8 m i n u t e s 0 4 seconds West along the North line o f s a i d N o r t h e a s t Q u a r t e r o f Southeast Quarter a distance of 1 4 3 . 0 0 f e e t t o t h e p o i n t o f beginning of the line to be describe d ; t h e n c e S o u t h 3 5 d e g r e e s 0 0 minutes 00 seconds West a distance of 120.00 fee t ; t h e n c e S o u t h 4 5 degrees 00 minutes 00 seconds West a distance of 3 4 0 f e e t m o r e o r less to the Northerly right of way l i n e o f R o w l a n d R o a d a n d t h e r e terminating. Except that part thereof lying north w e s t e r l y o f a l i n e r u n f r o m a point on the North line of said North e a s t Q u a r t e r o f t h e S o u t h e a s t Quarter, a distance of 81.00 feet Ea s t o f t h e N o r t h w e s t c o r n e r o f said Northeast Quarter of the Southe a s t Q u a r t e r t o a p o i n t o n t h e West line of said Northeast Quarter o f t h e S o u t h e a s t Q u a r t e r a distance of 90.00 feet South of the Northwest corner o f s a i d Northeast Quarter of the southeast : Also, that part of the Northwest Qua r t e r o f t h e S o u t h e a s t Q u a r t e r of Section 2, lying Northeaste r l y o f R o w l a n d R o a d a n d Southeasterly of a line and its Sou t h w e s t e r l y e x t e n s i o n t o t h e Northeasterly right-of-way line of Ro w l a n d R o a d , s a i d l i n e i s r u n from a point on the North line of s a i d N o r t h e a s t Q u a r t e r o f t h e Southeast Quarter, a distance of 81.0 0 f e e t E a s t o f t h e N o r t h w e s t corner of said Northeast Quarter to a p o i n t o n t h e W e s t l i n e o f said Northeast Quarter a distance o f 90.00 feet South of the Northwest corner of said Northeast Qu a r t e r . PLATTING That part of tne Southeast Quarter of the Northeas t Q u a r t e r o f Section 2, Township 116, Range 22, H e n n e p i n C o u n t y , M i n n e s o t a lying westerly of a line drawn parall e l w i t h t h e E a s t l i n e o f s a i d Southeast Quarter of the Northeast Q u a r t e r f r o m a p o i n t o n t h e south line of said Southeast Quart e r o f t h e N o r t h e a s t Q u a r t e r distant 834.05 feet westerly of th e S o u t h e a s t c o r n e r o f s a i d Southeast Quarter of the Northeast Qu a r t e r , a n d l y i n g S o u t h e r l y o f a line described as beginning at a p o i n t o n t h e a b o v e d e s c r i b e d parallel line distant 100 feet northerly of the South line of sa i d Southeast Quarter of the Northeast Qu a r t e r , a s m e a s u r e d a l o n g s a i d parallel line, to a point on the S o u t h l i n e o f s a i d S o u t h e a s t Quarter of the Northeast Quarter dis t a n t 9 6 4 . 0 0 f e e t w e s t e r l y o f the southeast corner of said Southe 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, as measured along said South l i n e , a n d t h e r e t e r m i n a t i n g . Exhibit A Page 2 of 2 Also: That part of the Northeas t Q u a r t e r o f t h e S o u t h e a s t Q u a r t e r o f Section 2, Township 116 , R a n g e 2 2 , b o u n d e d by the Westerly, Northwesterly and Northeas t e r l y r i g h t - o f - w a y l i n e l y i n g N o r t h e r l y of County Road 60, also k n o w n a s R o w l a n d R o a d ; E X C E P T t h a t p a r t thereof lying Northweste r l y o f a l i n e r u n f r o m a p o i n t o n t h e North line of said Northe a s t Q u a r t e r o f t h e S o u t h e a s t Q u a r t e r , a distance of 81.00 feet East of the Northwe s t c o r n e r o f s a i d Northeast Quarter to a po i n t o n t h e W e s t l i n e o f s a i d N o r t h e a s t Quarter a distance of 90. 0 0 f e e t S o u t h o f t h e N o r t h e a s t c o r n e r o f said Northeast Quarter. Also: That part of the Northwes t Q u a r t e r o f t h e S o u t h e a s t Q u a r t e r o f Section 2 lying Northeaste r l y o f R o w l a n d R o a d a n d S o u t h e a s t e r l y o f a line, and its Southwe s t e r l y e x t e n s i o n t o t h e N o r t h e a s t e l y right-of-way line of Rowl a n d R o a d , s a i d l i n e r u n f r o m a p o i n t o n the North line of said No r t h e a s t Q u a r t e r of Southeast Quarter, a distance of 81.00 feet East of the Northwe s t c o r n e r o f s a i d Northeast Quarter to a po i n t o n t h e W e s t l i n e o f s a i d N o r t h e a s t Quarter a distance of 90.0 0 f e e t S o u t h o f t h e N o r t h w e s t c o r n e r o f said Northeast Quarter. Also that part of the Sout h 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 Q u a r t e r of Section 2, Township 11 6 , R a n g e 2 2 , l y i n g s o u t h w e s t e r l y o f a line beginning at a point on a line drawn parallel with and 034.05 feet West of the East line of said Northeast Quarter, distant 100.00 feet Northerly of the So u t h l i n e o f S o u t h e a s t Q u a r t e r o f the Northeast Quarter, a s m e a s u r e d a l o n g s a i d S o u t h e r l y a n d Easterly lines; thence S o u t h 6 2 d e g r e e s 0 0 m i n u t e s 0 0 s e c o n d s E a s t a distance of 92.00 feet thence Northeasterly t o t h e Northwesterly corner of the followi n g d e s c r i b e d O u t l o t " A " a n d t h e r e terminating. Also that part of the Sou t h 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 Q u a r t e r of said Section 2, Town s h i p 1 1 6 , R a n g e 2 2 , H e n n e p i n C o u n t y described as follows: Commencing at the inters e c t i o n o f t h e S o u t h l i n e o f s a i d Southeast 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 2 a n d t h e westerly right of way l i n e o f O l d S h a d y O a k Road; thence westerly, along riaid sout h l i n e o f t h e S o u t h e a s t Q u a r t e r o f the Nortneast Quarter, a dist a n c e o f 1 4 3 . 0 0 f e e t t o t h e p o i n t o f beginning of the land to b e d e s c r i b e d ; t h e n c e c o n t i n u i n g westerly along said sou t h l i n e a d i s t a n c e o f 1 7 0 . 0 0 f e e t ; thence deflecting to the r i g h t 1 1 8 d e g r e e s 3 0 m i n u t e s f o r a distance of 60.00 feet; thence deflecting t o t h e r i g h t 8 2 degrees 30 minutes, mor e o r l e s s , f o r a d i s t a n c e o f 1 5 0 . 0 0 feet, more or less, to the p o i n t o f b e g i n n i n g . Shady Oak Ridge 2nd Addition DEVELOPER'S 'AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by and between Joseph Ruzic, an individual, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 on 5.4 acres, and preliminary plat of 7.6 acres into eleven lots and one outlot for single family residential development, situated in Hennepin County, Stat e 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 #54-86, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated October 22, 1986, reviewed and approved by the City Council on November 4, 1986, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any grading permit upon the property, Developer agrees to submit to the Director of Planning, and receive the Director's approval of, a revised site plan which indicates a five- foot wide, five-inch thick concrete sidewalk along one side of Shady Oak Ridge Road. Upon approval by the Director of. Planning, Developer agrees to construct, or cause to be constructed, said sidewalk as approved by the Director of Planning, in accordance with the provisions of Exhibit C, attached hereto, and made a part hereof. 4. Prior to issuance of any grading permit upon the property, Developer shall submit to the Director of Planning, and receive the Diretor's aproval of, a tree replacement plan for caliper inches of trees to be replaced on the property. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, said tree replacement plan, in accordance with the tree replacement policy of the City, attached hereto as Exhibit D, and made a part hereof. 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 adequate 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 property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for reforestation 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 reforestation:plan is required; Developer agrees that, prior to issuance of ,any. buildingpermit; Developer shall submit A bOnd; or. letter Of credit guaranteeing completion of all reforestation work, as approved -by the Director of Planning. The amount of the bond, or letter of credit, Shall:be:15Wof:_the approved estimated Ott of implementation of all refOrestatloh work and shall be in such form and contain tuchibther provisions and-,terms -as may be required by the Director_ Of :Planning.' jDeveloper agrees to prepare and submit for: approval ..to'the Director of Planning -a Written estimate Of the costs of the reforettation work to be completed. Upon approval by the Director of Planning, Developer shall implement, 'or cause to be implemented, those improvements listed above An said:plans, as approved by the Director of Planning. 7. Prior to :ittbanCe of any building permit upon the property, Developer shall submit to the City' Engineer, and receive the City Engineer's approval of plant for:streett', sanitary sewer, wateri.. storm sewer'," And erosion control for the property. Upon approval by the City Engineer, Developer shall construct, 'or tb be constructed, those improvements listed above ,in said Plans; as approved by the City Engineer, in accordance with 'Exhibit C, attached hereto. Shady Oak Ridge 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-12 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 54-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 54-86 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of January, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN - PRAIRIE: A. That the text of the summary of Ordinance No. 54-86, 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. 54-86 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 January 20, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Shady Oak Ridge 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 54-86 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 arc 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: §1292EY: This Ordinance allows rezoning of land located west of Old Shady Oak Road, north of Rowland Road from the Rural . District to :the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) Welter's Purgatory Acres CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 57-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROWONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in .the R1-13.5 District. Section 3. That the proposal is hereby adoptecrand .theland shall be, and hereby is removed from the Rural District .and .shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions - and. Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in .their,- entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 20, 1987, entered into between Crow/Chasewood Minnesota, a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden - Prairie on the 2nd day of December, 1986, and finally read and adopted and ordered ; published at a regular meeting of the City Council of said City on the 20th day of ! January, 1987. ATTEST: 3 John D. Frame, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description ZONING AND PLATTING That part of the Northeast Quarter of Section 26, Township 116 , Range 22, Hennepin County, Minnesota, and that part of Tracts A and B, REGISTERED LAND SURVEY NO. 1032, files of the Registrar of Titles, said Hennepin County, described as follows: Beginning at the northeast corner of said Northeast Quarter; thence on an assumed bearing of South 1 degree 17 minutes 20 seconds East along the east line of said Northeast Quarter a distance of 1409.93 feet; thence South 88 degrees 42 minutes 40 seconds West a distance of 158.49 feet; thence North 56 degrees 25 minutes 46 seconds West a distance of 105.00 feet; thence North 79 degrees 55 minutes 08 seconds West a distance of 140.32 feet; thence North 43 degrees 20 minutes 50 seconds West a distance of 110.00 feet; thence North 55 degrees 31 minutes 14 seconds West a distance of 128.52 feet; thence North 67 degrees 55 minutes 19 seconds West a distance of 188.36 feet; thence North 2 degrees 45 minutes 48 seconds East a distance of 176.89 feet; thence North 13 degrees 44 minutes 45 seconds West a distance of 156.63 feet; thence South 58 degrees 02 minutes 07 seconds West a distance of 557.89 feet; thence North 42 degrees 30 minutes 44 seconds West a distance of 74.98 feet; thence North 35 degrees 36 minutes 43 seconds West a distance of 72.00 feet; thence South 79 degrees 16 minutes 10 seconds West a distance of 60.14 feet; thence North 51 degrees 52 minutes 49 seconds West a distance of 110.50 feet; thence North 68' degrees 09 minutes 16 seconds West a distance of 122.26 feet; thence South 80 degrees 02 minutes 48 seconds West a distance of 149.67 feet; thence North 42 degrees 46 minutes 33 seconds West a distance of 161.28 feet; thence North 49 degrees 31 minutes 12 seconds West a distance of 72.44 feet; thence North 64 degrees 37 minutes 19 seconds West a distance of 96.52 feet; thence North 61 degrees 39 minutes 06 seconds West a distance of 116.37 feet; thence North 61 degrees 01 minutes 49 seconds West a distance of 127.20 feet; thence North 49 degrees 35 minutes 13 seconds West a distance of 177.00 feet; thence North 27 degrees 46 minutes 34 seconds West a distance of 302.77 feet; thence North 8 degrees 48 minutes 04 seconds West a distance of 145.00 fee t to the north line of said Tract B; thence North 89 degrees 13 minutes 29 seconds East along said north line of Tract B and the north line of said Northeast Quarter a distance of 2473.69 feet to the point of beginning. CITYAF EDEN 'PRAIRIE HENNEPIN.-COUNTY, MINNESOTA - RESOLUTION NO: 87-13 A RESOLUTION APPROVING THE SUMMARY OF_ORDINANCE -57-86AND ORDERING THE PUBLICATIOWOF SAID SUMMARY WHEREAS, Ordinance No. 57-86 was. adopted and ordered publisheckat a regular Aleeting of the City Council of the City oflden Prairie on the 20th day:of January, 19871 NOW, THEREFORE, BE IT RESOLVED BY' THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text: of the summary of Ordinance NO.- 57-86, which is attached hereto, islAPProved, and the City Council , finds that said text clearly informs the .:OUblit of the:intent:and effect of said ordinance. Welter's Purgatory Acres B. That said text shall ,bepublished:once: in the Eden Prairie:Mews In a body type no smaller than brevier Dr 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 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. 57=86 shall be recorded in the ordinance book -, along with proof of publication required by paragraph t r :herein, within 20 days after said publication. ADOPTED by the City Council on January. 20, 1987. Gary D. Peterson, Mayor ATTEST: D-Ohn D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 57-86 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-, Summary: This Ordinance allowsl rezoning of land located north of County Road #1, west of Bennett Place, soutl1-.0fAlympia DrivejroWthe ,Apral Rural District to the R1-13.5 District; subject to the and conditions of a developer's agreement. Exhibit A, included witkthil 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 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.) Welter's Purgatory Acres DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Crow/Chasewood Minnesota, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from the Rural District to the R1-13.5 District for 51.7 acres and Preliminary Plat of 51.7 acres into 96 single family lots, 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 #60-86, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated , 1986, reviewed and approved by the City Council on December 2, 1986, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Concurrent with, and as part of, the final plat for the property, Developer agrees to: A. Vacate the additional right-of-way at the cul-de-sacs on Olympia Drive and Bennett Place as depicted in Exhibit B, attached hereto. B. Provide for road connection from the property to the north towards Homeward Hills Road, and/or Sunnybrook Road, as depicted in Exhibit E, attached hereto, and made a part hereof. C. Dedicate to the City that portion of the property within the designated flood plain, as depicted in Exhibit B, attached hereto. D. Provide for a drainage and utility easement over that portion of the property within the Conservancy Zone, as designated in the Purgatory Creek Study on file at the City, and execute a scenic preservation easement, as depicted in- Exhibit F, attached hereto and made a part hereof, over said Conservancy Zone. 4. Prior to issuance of any grading permit upon the property, Developer agrees to submit to the Director of Planning, and receive the Director's approval of a revised grading plan which tightens the grades adjacent to all ponding areas to a 2/1 slope in order to save more trees. Said revised grading plan shall also indicate the grading and building pad locations on all lots adjacent to Purgatory Creek. 5. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Community Services, and receive the Director's approval of, revised plans indicating a five-foot wide, five-inch thick concrete sidewalks, with let-down curbing at the street intersections along the south and west side of all streets which except those designated as permanent cul-de-sacs in Exhibit B, attached hereto. Upon approval of said plans by the Director of Community Services, Developer agrees to construct, or cause to be constructed, those improvements listed above, as approved by the Director of Community Services, in accordance with the terms and conditions of Exhibit C, attached hereto. 6. 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. 7. Prior to issuance of any grading permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's aproval of, a tree replacement plan for 392 caliper inches of trees to be replaced on the property. Trees used for replacement shall be no less than three caliper inches in diameter. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, said tree replacement plan, in accordance with the tree replacement policy of the City, attached hereto as Exhibit D, and made a part hereof. 8. 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 adequate 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. 9. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for reforestation 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 reforestation plan is required, Developer agrees that, prior to issuance of any building permit, Developer shall submit a bond, or letter of credit, guaranteeing completion of all reforestation 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 reforestation 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 reforestation ,work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to: be implemented, those improvement's:, listed: above in said plans, as approved by the Director Of:Planning. 10. Prior to any construction on the property, Developer agrees:to provide for alternative access : to the property for construction vehicles in order to avoid construction traffic through the existing residential neighbOrhoodtelOng'Bennett Place and Olympia Drive. Prairie Acres CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 59-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the.land shall be; and hereby is removed from the Rural District and Shall be included .hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended ' accordingly. • Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as thoujh repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 20, 1987, entered into between Michael N. and lone L, Sutton, husband and wife, and the City of Eden : Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of December, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of January, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Legal Description Exhibit A That part of Lots 5 and 6, Eden Prairie Acres, described at follows: Commencing at the Southeast corner of -Saidlot,5;.,thence Southerly along the Easterly line of said Lot, 6,: Olistance of 82 feet thence atright angles.. West a distance of 669.39 feet;'thente deflectingito the right 96 degrees 03 ' minutes a distance OfA144.88:feet,*MOre -or lksto,the Northerly line of ' said Lot 5; thence Easterly along the :Northerly line of. said :Lot 5 -:to the N or th eas t er l y Corner ofiseid Lot 51 thence'Southerly:along:the Easterly line of said Lot i to the point of beginning. Prairie Acres DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1987, by Michael N. and lone L. Sutton, husband and wife, hereinafter referred to as "Developers," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developers have applied to City for a Zoning District Change from the Rural District to the R1-13.5 District for 5.04 acres and from the RI-22: , District to the R1-13.5 District for 1.2 acres, and preliminary plat of 6.24 acres into thirteen single family lots, 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 #59-86, . Developers covenant and agree to construction upon, development, and maintenance of said property as follows: 1. Developers shall develop the property in conformance with the materials revised and dated November 25, 1986, reviewed and approved by the City Council on December 2, 1986, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developers shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developers covenant and agree to the performance and observance by Developers at such times and in such manner as provided therein of all of the terms, covenant, agreement, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developers shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 4. Prior to issuance of any building permit on the property, Developers agree to submit to the City Engineer, and receive the City Engineer's approval of plans for street, sanitary sewer, water, and storm sewer improvements. Upon approval by the City Engineer,A)evelopers agree to c o n s t r u c t , or cause to be constructed, thOseArnprovements:listed ab o v e i n s a i d plans, as approved by: the City Engineer, inatcordatica)vi t h E x h i b i t C, attached heretO A. That Ordinance No. 59-86 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 January 20, 1987. Gary D. Peterson, Mayor ATTEST: Tan D. Frane, City Clerk That the text of the summary of Ordinance -:No. 59-86, which is attached hereto, Is approved, and:the-City CoutiCil finds that said text clearly informs the public of the 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. 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. C. A. PrairieAcret CITY OF EDEN PRAIRIE' HENNEPIN'COUNTY, MINNESOTA- RESOLUTION N0. 8744 A RESOLUTIONAPPROVINGJHE SUMMARY OF ORDINANCE 59-86 ANDORDERINGJHE PUBLICATION.:0E-SAID SUMMARY WHEREAS, Ordinance No. 59-86 was adoptedand Ordered-published at a regular meeting of the City Council of the .City of Eden -Prairie: on the 20th day of January, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: Prairie Acres CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 59-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROMA N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING- THE LEGAL DESCRIPTIONS OF LA N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE 'CITY CODE CHAPTER1 ANDSECTION 11. 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS - THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located south of County Road #1, and west of Bennett Place from the-Rural Rural District toAhe R 1 - 13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) Eden Pointe CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 61-86-PUD-9-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development 9-86- 1-2-Park District (hereinafter "PUD 9-86-I-2-Park"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of January 20, 1987, entered into between Welsh Companies, Inc., a Minnesota corporation, and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 9-86-I-2-Park, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 9-86-I-2-Park is not in conflict with the goals of the Guide Plan of the City. B. PhD 9-86-I-2-Park 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 9-86-I-2-Park, are justified by the design of the development described therein. D. PUD 9-86-I-2-Park is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 9-86-1-2-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 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their ' entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after itt and publication. FIRST READ at a regular meeting of the City Council of-the City of Eden Prairie on the 16th day of December, 1986, and finally, read and adopted and ordered , published at a regular meeting of the City Council of said City on the 20th day of January, 1987. ATTEST: JOhn D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the :day of passage Exhibit A Legal Description Outlot A, WILSON RIDGE BUSINESS CENTER, Hennepin County, Minnesota. Eden Pointe DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Welsh Companies, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal c o r p o r a t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit De v e l o p m e n t C o n c e p t Amendment to the Wilson Ridge Planned Unit Development on 6 0 . 8 5 a c r e s , P l a n n e d U n i t Development District Review on 60.85 acres, with variance s f o r 5 7 % o f f i c e u s e a n d for front yard setback of 35 ft. to Flying Cloud Drive with i n t h e 1 - 2 P a r k D i s t r i c t , and Zoning District Change from Rural to 1-2 Park for 2.84 a c r e s f o r c o n s t r u c t i o n o f an office/warehouse building of 32,700 sq. ft., situated i n H e n n e p i n C o u n t y , S t a t e of Minnesota, more fully described in Exhibit A, attached h e r e t o a n d m a d e a p a r t hereof, and said acreage hereinafter referred to as "the pr o p e r t y ; " NOW, THEREFORE, in consideration of the City adopting Or d i n a n c e # 6 1 - 8 6 , Developer covenants and agrees to construction upon, develop m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in conformance w i t h t h e materials revised and dated , 1986, revi e w e d a n d approved by the City Council on December 16, 1986, an d a t t a c h e d hereto as Exhibit B, subject to such changes and modifi c a t i o n s a s provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner th a n p r o v i d e d herein. 2. Developer covenants and agrees to the performance and obs e r v a n c e b y Developer at such times and in such manner as provided t h e r e i n o f all of the terms, covenants, agreements, and conditions se t f o r t h i n Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the p r o p e r t y , Developer shall submit to the City. Engineer,-; and :receive the City Engineer's approval Of:plant-for streets, sanitaryH-: sewer, water, storm sewer, and erotiOntOntroljor :the property. : Upon approval by the City -.Engineeri Developer shall construct, or cause to be constructed, those improvements listed 'fabove in said plans, as approved by the titY ,Engineer,:in accordanCe With Exhibit C, attached hereto'. 4. Prior to issuance'. of any building permit upon the property, Developer agrees to submit to the Directer—OVPlanning, and receive the Director's approval Of: A. A revised landscape plan which --provides for additional - coniferous and shade tree plantings along Highway #169 and the north property line to screen the parking lot: B. A revised site plan which r substitutes masonry wall construction for the fence along the south property line. C. Samples of the exterior building materials. D. An overall' lighting plan, with details of the materials to be used. E. An overall signage plan, with details,.of the materials to be used. Upon approval by Ahe..Director ofjlanning :Developer 7agrees to• Implement, or cause '.1.to be implement, those'. improvements and materials listed, as approved by theAOirector:offlanning. 5.. Prior to issuance of any building derma on the property,. Developer agrees to submit to the City proof of receipt of permission from the property owner to the south (Computer Depot) for implementation and construction of landscaping and screening on the joint property line, as depicted in Exhibit Bi attached hereto. 6. Developer shall notify the City -and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property, Eden -Pointe CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-16 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 61-86-PUD-9,86 AND ORDERING THE PUBLICATION OF SAID -SUMMARY WHEREAS, Ordinance No. 61-86-PUD4786 was adopted_And ordered published at a regular meeting of the City Council of the,City of Eden -Prairie On the 20th day of January, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the turnery of Ordinance NO, 61-86-PUD-946, 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. I B. That said text shall be published oncein the lEden 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 ofthe entire text of the Ordinance shall be posted in the City Hall, D. That Ordinance No. 61-86-PUD-9-86 shall be recorded in the ordinance book, along with proof of publication required by paragraph 8 herein, within 20 days After said publication. ADOPTED by the City Council on January 20, 1987. Gary D. Teterson, Mayor ATTEST: John D. Frane, City Clerk Eden Pointe CITY; F EDEURAIRI.E: HENNEPIN COUNTY, MINNESOTA ORDINANCE NO 61-8641109:,86 AN ORDINANCE OF THE CITY OF EDEN 'PRAIRIE, MINNESOTA, REMOVING'CERTAIN•LAND FROM ONE ZONING DISTRICT AND PLACING IT IN: ANOTHER, :AMENDING•:LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING1W REFERENCE CITY CODE CHAPTERA AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN 'PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OFEDENJ1 RAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located west of Flying Cloud Drive, east of Highway #169,: from the Rural District to the 1-2 Park District, subject to the terms and conditions oV,a developer's , agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO 87-21 A RESOLUTION APPROVING FINAL PLAT OF STENEHJEM ADDITION' WHEREAS. the plat of Stenehjem Addition has neen -tubmitted in a manner required for platting land under the InenPrairie 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 lAist of the State of Minnesota and ordinances of the City of Eden Prairie, : NOW, THEREFORE, BE IT RESOLVED BY THE'CITY,t0UNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat. approval request for - As Approved upon compliance with the recommendation of the City Engineer's report on this plat dated January 12, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on January 20, 1987. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk HISTORY: VARIANCES: Mayor Peterson and City Council Members Carl J. Jullie, City Manager Eugene A. Dietz, Director of Public Works Jeffrey Johnson, Engineering Technician 4 January 12, 1987 STENEHJEM ADDITION The developer, Kathleen Stenehjem, has requested City Council approval of Stenehjem Addition, a single family residential plat located east of Duck Lake Road and north of Daniel Lane in the North 1/2 of Section 5. The plat contains 12.58 acres to be divided into 5 single family lots, 1 outlot containing 9.24 acres, and right-of-way dedication for Townline Road. The plat as submitted shows only the single family lots. The developer is presently revising the plat to conform with the requirements of the Developer's Agreement, but because of time constraints, developer is requesting Council approval of the plat as submitted subject to stated revisions. The preliminary plat was approved by the City Council July 1, 1986, per Resolution 86-159. Zoning to RI-13.5 was finally read and approved by the City Council August 19, 1986, per Ordinance 35-86. The Developer's Agreement referred to within this report was executed at the City Council meeting held Ocotober 7, 1986. All variance requests must be processed through the Board of Appeals. TO: THROUGH: FROM: DATE: SUBJECT: PROPOSAL: UTILITIES AND STREETS: All municipal utilities and streets are in place and available for connection. Revised plat shall show a drainage and utility easement over existing sanitary sewer running east west through the center of the parcel. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Requirements for bonding shall conform to City Code and Developer's Agreement requirements. Recommend approval of the final plat of Stenehjem Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Satisfactory revition of plat to show remainder of parcel as-outlot, a-drainage and utility easement over existing :sanitary - sewer line, And 17.5' of right-of- way dedication forTownline Road. These revisions to receive approval of the Director of Public Works prior to release of -' 2. Receipt of street lighting fee in the amount of $256.' 3. Receipt of: engineering fee in the amount of $200. JJ:sg Kathleen Stenehjem Theodore Kemna, Schoell & Madson, Inc. CC: Korsunsky Krank Erickson Arehitects. Inc. 300 First Avenue North Suite 500 Minneapolis, MN 55401 612/330-4200 r417 January 8, 1987 Mr. Carl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Drive Eden Prairie, MN 55344 Dear Carl: SUBJECT: SUBURBAN BANK PROJECT AT COUNTY ROAD 18 Comm. No. 86-01-3019-01 At your last city council meeting, it was recommended that we resubmit our plans to the city planning commission at their January 12, 1987 meeting, and then make another presentation to the city council on January 20, 1987. Since that time, we have continued working on the project and, subsequently, have requested a two week delay with the planning commission. We will meet with them on January 26, 1987. Therefore, our presentation with the city council must be rescheduled for the first available date after January 26. We appreciate the cooperation we have received from the City of Eden Prairie and are confident that the final development program will be satisfactory for the client, the neighborhood, and the city. Sincerely, KORSUNSKY KRANK ERICKSON ARCHITECTS, INC. Rodald C. Erickson, A1A PP cc: Richard Gibson VAC 86-13 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-17 VACATION OF DRAINAGE AND UTILITY EASEMENTS IN RIDGEWOOD WEST PLAT THREE WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All drainage and utility easements On Lots 44, 45 .,:46, 47, 48 and 49, Block 2, Ridgewood West Plat Three o acCording to the plat on file and of record in the itiffiCe :of the County Recorder, Hennepin County, Minnesota. WHEREAS, a public hearing was held on -.January 20; 1987, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and-utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on January 20, 1987. ATTEST: Gary D. Peterson, Mayor SEAL I EGAN, FIELD & NOWAK, INC. SURVEYORS VI tP ifF!0•40° 0 , 01:ri C%rlitelf;'' nfir:11,117410,0. 11 irwc. Fri! 3 t\I ;e2sr". et 5o 711•04 -.. 1-3 6,-r 1:26° ii--- fl 2 \ tl 35 it T 3-6 a 1.__.. SCALE IN FEET: 24 srevz. • 13S. le 01/ '14:t;;71:71. 0 100 150 200 50 29 t).-‘ Goop0 • • • 8a1 • 0. 31942 31972 117 1986 L990 32011 32057 32096 32179 32219 32220 32221 32222 32223 32224 32225 32226 32227 32228 32229 32230 32231 32232 32233 32234 32235 32236 32237 32238 ( 239 .c240 32241 32242 32243 32244 32245 32246 32247 32248 32249 32250 32251 32252 32253 32254 32255 32256 32257 32258 VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK ASSOC OF METRO MUNICIPALITIES IAAO JASON-NORTHCO PROPERTIES MINNESOTA GAS CO MN POLLUTION CONTROL AGENCY NATL CLIMATIC DATA CENTER NORTHERN STATES POWER CO ORRIN ALT PHOTON ILL HOPKINS POSTMASTER B DALTON BOOKSELLER MARK VII SALES ASPLUND COFFEE CO INC KLEVE HEATING SNYDER DRUG STORES INC HOPKINS POSTMASTER LIN MARTIN JEANETTE GILLIS MINNESOTA REC & PARK ASSN HP DMK UNIVERSITY OF MINNESOTA WORDSWORTH GOVERNMENT TRAINING SERVICE SUPPLEES 7 HI ENTER INC MILE EAGLE 01ST CO EAGLE WINE CO PRIOR WINE CO ED PHILLIPS & SONS CO TWIN CITY WINE CO QUALITY WINE CO THORPE DISTRIBUTING CO CAPITOL CITY DISTRIBUTING CO CARVER COUNTY TREASURER SOUTHWEST METRO TRANSIT GOVERNMENT TRAINING SERVICE MN STATE FIRE DEPT ASSOC MN STATE FIRE CHIEFS ASSOC GOVERNMENT TRAINING SERVICE EAGAN-MC KAY ELECTRICAL CONTRACTO 32259 RICHARD KNUTSON INC 32260 SHAFER CONTRACTING INC 32261 SHAW-LUNDQUIST ASSOC INC 32262 ACRO-MINNESOTA INC "263 AMERICAN LINEN SUPPLY CO 264 AMERICAN NATIONAL BANK JANUARY 20,1987 400.00- 400.00- 470.50- 154.60- 112.35- 151.25- 156.70- 42.67- 3055.00 20.00 4892.74 1708.82 50.00 6.50 10752.18 400.00 35.64 310.80 95.40 29.40 CENTER 153.40 156.70 41.79 40.01 5.75 151.25 847.00 42.00 810.00 50.00 45.00 4224.56 135.00 8400.32 1555.90 963.30 8964.02 16202.11 4799.41 27.90 2144.54 2.73 20.00 20.00 175.00 140.00 42.00 27443.60 1987 DUES-CITY HALL 1987 SUBSCRIPTION-ASSESSING DEPT JANUARY 87 RENT-LIQUOR STORE SERVICE CONFERENCE-SEWER DEPT 1987 SUBSCRIPTION-WATER DEPT SERVICE 1987 UNIFORM ALLOWANCE FILM DEVELOPING-CITY HALL POSTAGE-UTILITY BILLS BOOKS-POLICE DEPT WINE CONCESSION STAND SUPPLIES-COMMUNITY REFUND-BUILDING PERMIT OFFICE SUPPLIES-COMMUNITY CENTER POSTAGE-SENIOR NEWSLETTER REFUND-AEROBICS CLASS KIDS KORNER INSTRUCTOR/FEES PD ATHLETIC REGISTRATIONS-COMMUNITY CENTER UPGRADE COMPUTER SOFTWARE-CITY HALL CONFERENCE-BUILDING DEPT ADS-LIQUOR STORE CONFERENCE-COUNCIL MEMBER JANUARY 87 RENT-LIQUOR STORE CONFERENCE-DIRECTOR OF HUMAN RESOURCES LIQUOR WINE WINE LIQUOR WINE WINE WINE WINE MAPS-SOUTHWEST AREA TRANSIT PRINT CHECKS-SOUTHWEST AREA TRANSIT CONFERENCE-COUNCIL MEMBER 1987 DUES-FIRE DEPT 1987 DUES-FIRE DEPT CONFERENCE-PLANNING COMMISSION MEMBER -SERVICE-REMOVAL & REPLACEMENT OF PCB TRANSFORMERS SERVICE-ANDERSON LAKES PARKWAY SERVICE-COUNTY RD 4 TO MITCHELL RD SERVICE-WATER PLANT ADDITION OFFICE SUPPLIES TOWELS-LIQUOR STORE BOND PAYMENTS 28907.48 170832.22 279001.70 1004.35 9.05 1500.00 57832650 JANUARY 20,1987 32265 AMERI STAR LIGHTING '2266 ARNIE ARMIN 2267 ANDYS SOUTH 32268 ARMOR SECURITY INC 32269 ROBERT ARNDT 32270 ARTISANS 32271 ARTSIGN MATERIALS CO 32272 ASPLUND COFFEE CO INC 32273 AUTOMOBILE SERVICE CO 32274 BACHMANS 32275 GREG BASSETT 32276 BATTERY A TIRE WAREHOUSE INC 32277 BERG BAG COMPANY 32278 BIFFS INC 32279 BIG WHEEL AUTO STORES 32280 BLOOMINGTON LOCKSMITH CO 32281 RICK BOLINISKI 32282 LEE BRANDT 32283 BRAUN ENG TESTING INC 32284 BROWN PHOTO 32285 BRYAN ROCK PRODUCTS INC 32286 BSC MECHANICAL CONTRACTORS 32287 BURTON EQUIPMENT INC 32288 CARDOX CORP 32289 CARLSONS TREE SERVICE 32290 WALLACE W CARLSON CO -2291 CENTRAIRE INC 32292 CHANHASSEN LAWN &SPORTS 32293 CLUTCH & TRANSMISSION SER INC 32294 JEFFREY CONRAD' 32295 COPY EQUIPMENT INC 32296 CUTLER-MAGNER COMPANY 32297 WARD F DAHLBERG 32298 DALCO 32299 DRISKILLS SUPER VALU 32300 DRISKILLS SUPER VALU 32301 EARL'S ART & DRAFTING SUPPLIES 32302 EDEN PRAIRIE TRASHTRONICS 32303 EDENVALE GOLF COURSE INC 32304 ROBERT W EDIN 32305 CITY OF EDINA 32306 FINANCIAL FORM S & SUPPLIES 32307 FINLEY BROS ENTERPRISES 32308 MARGARET FINLEY '7 309 FLANAGAN SALES INC 310 FLOYD SECURITY 2376590 -LIGHT BULBS/LIGHT BALLASTS-PUBLIC WORKS BUILDING BLACKTOP CUTTING WHEEL-STREET MAINTENANCE 2 PICKUP TOPPERS-BUILDING DEPT KEYS-COMMUNITY CENTER DECEMBER 86 CUSTODIAL SERVICE VOLLEYBALL & BASKETBALL TROPHIES OFFICE SUPPLIES-PARK PLANNING CONCESSION STAND SUPPLIES-COMMUNITY CENTER WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE FLOWERS-CITY HALL HOCKEY OFFICIAL/FEES PO -SIGNAL BOX/SIGNAL LAMP/MUFFLER CLAMP- EQUIPMENT MAINTENANCE SANDBAGS-STREET MAINTENANCE PORTABLE RESTROOMS-PARK MAINTENANCE SUPPLIES-PARK MAINTENANCE LOCK REPAIRS-PUBLIC WORKS BUILDING MILEAGE HOCKEY OFFICIAL/FEES PD SERVICE-NEW FIRE STATION FILM PROCESSING ROCK-STREET MAINTENANCE & PARK MAINTENANCE FURNACE REPAIRS-COMMUNITY CENTER STEEL SHELVES-WATER DEPT CARBON DIOXIDE-WATER DEPT TREE REMOVAL-FORESTRY DEPT -PRINT WINTER PROGRAM BROCHURE-COMMUNITY CENTER FURNACE REPAIRS-CITY HALL -CHAINS/FLAT FILES/SAFETY PANTS/GREASE GUN/PLATES-STREET DEPT & FORESTRY DEPT -2 SPEED MOTOR/CORE/UNLOADER KIT/PIN SET- EQUIPMENT MAINTENANCE HOCKEY OFFICIAL/FEES PD -LEAD/VELLUM/REPAIR BLUEPRINT MACHINE- -ENGINEERING DEPT/HAND LEVELS/ENGINEER'S RULE-BUILDING DEPT QUICKLIME-WATER DEPT DECEMBER 86 EXPENSES -CLEANING SUPPLIES-WATER DEPT/COMMUNITY CENTER & PARK MAINTENANCE EXPENSES-PUBLIC SAFETY EXPENSES-COMMUNITY CENTER OFFICE SUPPLIES-PLANNING DEPT DECEMBER 86 TRASH DISPOSAL -MEETING EXPENSES-RESIDENTS ADVISORY COMMITTEE BROOMBALL OFFICIAL/FEES PD DECEMBER 86 WATER TESTS CHECK ENDORSER-FINANCE DEPT CARPET-COMMUNITY CENTER WINTER DAY CAMP INSTRUCTOR/FEES PD REPLACE PLAYGROUND EQUIPMENT SEATS 1ST QTR SECURITY SYSTEM-LIQUOR STORE 939.51 200.00 458.00 88.40 200.00 829.80 222.10 181.70 7.50 33.75 176.00 165.01 80.00 627.50 3.84 254.00 92.00 143.00 3244.00 663.14 666.11 40.93 267.50 799.82 450.00 3275.00 150.12 535.68 427.30 99.00 726.77 4900.09 80.00 222.26 3.78 429.14 33.65 345.00 150.00 108.00 124.00 656.70 147.50 58.00 111.30 349.00 32311 32312 1"2313 ,2314 32315 32316 32317 32318 32319 32320 32321 32322 32323 32324 FOUR STAR BAR & RESTAURANT SUPPLY G & K SERVICES G & K SERVICES G & K SERVICES G & L CONTRACTING INC GARDNER HARDWARE CO DARRELL GEDNEY GOODYEAR TRUCK TIRE CENTERS GOPHER OIL COMPANY GOPHER SIGN CO GRAPHIC CONTROLS CORP GSC SPORTS INC GUNNAR ELECTRIC CO INC GENE A HABERMAN 32325 HACH CO 32326 CHRIS HAGE 32327 MICHAEL HAMILTON 32328 BOB HANNON 32329 HANSEN THORP PELLINEN OLSON INC 32330 HARMON GLASS 32331 HEALTH & HOME 32332 HENNEPIN COUNTY TREASURER 32333 HILLYARD FLOOR CARE SUPPLY CO 32334 HONEYWELL INC ( 2335 32336 32337 32338 32339 32340 32341 32342 BILL HORNIG IBM INDEPENDENT SCHOOL DIST #272 INTL OFFICE SYSTEMS INC JERRY SUPER VALU JM OFFICE PRODUCTS INC CARL JULLIE KARULF HARDWARE INC JANUARY 20,1987 SUPPLIES-LIQUOR STORE TOWELS-LIQUOR STORE TOWELS/COVERALLS-WATER DEPT TOWELS-PARK MAINTENANCE SERVICE-7361 BREN LANE DOOR LOCKS-COMMUNITY CENTER HOCKEY OFFICIAL/FEES PD TIRES-EQUIPMENT MAINTENANCE HYDRAULIC OIL-WATER DEPT CHANNEL POSTS/HYDRANT MARKERS-WATER DEPT 24 HOUR CIRCULAR CHARTS-WATER DEPT TIE NET-COMMUNITY CENTER LIGHT BALLASTS-PUBLIC WORKS BUILDING -MEETING EXPENSES-RESIDENTS ADVISORY COMMITTEE LAB SUPPLIES-WATER DEPT BROOMBALL OFFICIAL/FEES PD -VOLLEYBALL/BASKETBALL & BROOMALL OFFICIAL/FEES PO HOCKEY OFFICIAL/FEES PD -SERVICE-MILLER PARK & BLUFFS WEST VICINITY STORM SEWER WINDSHIELD REPAIRS-EQUIPMENT MAINTENANCE ADS-LIQUOR STORE SERVICE-ENGINEERING DEPT FLOOR FINISH-COMMUNITY CENTER -OCTOBER 1 - DECEMBER 31 86 MAINTENANCE AGREEMENT-WATER DEPT EXPENSES-ENGINEERING DEPT FEBRUARY 87 MAINTENANCE AGREEMENT -GYM RENTAL/ADMINISTRATION BUILDING ROOM RENTAL/BAND ROOM RENTAL-COMMUNITY CENTER MAINTENANCE AGREEMENT-CITY HALL EXPENSES-CITY HALL OFFICE SUPPLIES MEETING EXPENSES -WIRE/CLAMPS/TAPE/HANGERS/OUTLET STRIP/ -LIGHTS/RUBBER GLOVES/HEAT CABLE/EXTENSION -CORD/OIL DRAIN PAN/FUNNELS/PLIERS/HOOKS/ -BOLTS/WRENCHES/FURNACE FILTERS/BATTERIES/ -SWEEPER/KNIVES/KEYS COPIED/KEY RINGS/ -INSULATION/DRILL BITS/MAILBOX/CLOCK/ SPEAKERS/NAILS/PAPER PLATES/SCREWS BOOK-PARK PLANNING BROOMBALL OFFICIAL/FEES PD FURNACE REPAIRS-SENIOR CENTER BASKETBALL OFFICIAL/FEES PD -PEG BOARD/BRUSHES/RUSTOLEUM/BATTERIES/ -EXTENSION CORD/NUTS/WASHERS-WATER DEPT & PARK MAINTENANCE WINTER DAY CAMP INSTRUCTOR/FEES PD VOLLEYBALL & BASKETBALL OFFICIAL/FEES PD SUPPLIES-LIQUOR STORE NOVEMBER 86 LEGAL SERVICE-LANDFILL LEGAL SERVICE-SOUTHWEST AREA TRANSIT 274.45 21.32 334.37 12.48 634.52 97.50 116.00 283.68 192.90 1050.00 80.64 8.58 47.28 47.27 77.40 108.00 191.00 40.00 3378.00 280.32 140.40 389.55 78.60 3579.00 6.00 424.32 554.80 118.65 36.02 125.32 66.29 2002.94 33.50 91.00 51.60 20.00 106.76 42.50 268.50 90.35 768.75 3782.50 32343 KERR ASSOCIATES INC 32344 DENNIS KETTELHUT 32345 KLEVE HTG & AIR COND INC 32346 MARY KOTTKE 32347 KRAEMERS HOME CENTER 32348 MICHAEL KREBSBACH 32349 MICHAEL KREBSBACH 32350 LANCE '?351 LANG PAULY & GREGERSON LTD 2352 LANG PAULY & GREGERSON LTD 2005306 JANUARY 20,1987 32353 BOB LANZI 32354 LEAGUE OF MINNESOTA CITIES 32355 LEEF BROS INC 32356 LEEF BROS INC 32357 LINDIG MANUFACTURING CORP 32358 LOG IS 32359 LOUISVILLE LANDFILL INC 32360 LYMAN LUMBER CO 32361 MIKE MARUSHIN 32362 MCGLYNN BAKERIES INC 32363 MERLINS HARWARE HANK 32364 METRO FONE COMM INC 32365 METRO WASTE CONTROL COMMISSION 32366 METRO WASTE CONTROL COMMISSION 32367 METRO WASTE CONTROL COMMISSION 32368 MIDLAND EQUIPMENT CO 32369 MIDLAND PRODUCTS CO 32370 MINNESOTA COMMUNICATIONS CORP 32371 MINNESOTA REC & PARK ASSN 32372 MINNESOTA SUBURBAN NEWSPAPERS INC 32373 MINNESOTA VALLEY ELECTRIC CO-OP 32374 MLA INTERIOR DESIGN 32375 MODERN TIRE CO 32376 MOODYS INVESTORS SERVICE 32377 MUR-CON & ASSOCIATES 12378 NATIONWIDE ADVERTISING SERVICE IN 2379 NCR CORPORATION 32380 NORTHERN HYDRAULICS 32381 LEE BRIAN OBERG 32382 OFFICE PRODUCTS OF MN INC 32383 BRIAN OLSON 32384 SCOTT OLSON 32385 RICK PALMER 32386 PARK AUTO UPHOLSTERY 32387 JAMES PELTIER 32388 PEPSI/7-UP BOTTLING CO 32389 CONNIE PETERS 32390 CANDACE PETERSON 32391 PETTY CASH-PUBLIC SAFETY DEPT 32392 POMMER MFG CO INC 32393 POWER BRAKE EQUIPMENT CO 32394 PRAIRIE ELECTRIC COMPANY INC 32395 PRAIRIE OFFSET PRINTING 32396 PRIOR LAKE AGGRETATE INC 32397 R & R SPECIALTIES INC 32398 RIEKE-CARROLL-MULLER ASSOC INC 32399 RADIO SHACK 1400 RECREATION SPORTS OFFICIALS ASSOC 2401 RECREONICS CORP 21934553 VOLLEYBALL OFFICIAL/FEES PD 1987 SUBSCRIPTION-CITY HALL RUG CLEANING-CITY HALL COVERALLS-EQUIPMENT MAINTENANCE CHIPPER BLADE-EQUIPMENT MAINTENANCE SERVICE LANDFILL CHARGES-PARK DEPT & STREET DEPT LUMBER-STREET MAINTENANCE -HAMMER/WRENCH SETS/BULBS/RATCHET/WELDING TOOL-EQUIPMENT MAINTENANCE EXPENSES-CITY HALL & PUBLIC SAFETY PLEXIGLASS/SPRAY PAINT-PARK MAINTENANCE JANUARY 87 PAGER RENTAL-SEWER DEPT NOVEMBER 86 SAC CHARGES DECEMBER 86 SAC CHARGES FEBRUARY 87 SEWER SERVICE REPAIRS-COMMUNITY CENTER CONCESSION STAND SUPPLIES-COMMUNITY CENTER JANUARY 87 PAGER RENTAL-WATER DEPT -1987 DUES-COMMUNITY SERVICES & COMMUNITY CENTER ADS-LIQUOR STORE JANUARY 87 SERVICE DECEMBER 86 SERVICE-NEW CITY HALL OFFICES TIRES-EQUIPMENT MAINTENANCE SERVICE SAW-COMMUNITY CENTER EMPLOYMENT ADVERTISING-CITY HALL 1987 MAINTENANCE AGREEMENT TRAILER-STREET MAINTENANCE HOCKEY OFFICIAL/FEES PD COMPUTER POWER UNIT-LIQUOR STORE BAND INSTRUCTOR/FEES PD REFUND-BUILDING PERMIT BASKETBALL OFFICIAL/FEES PD CAR SEAT REPAIRS-EQUIPMENT MAINTENANCE EXPENSES-FIRE DEPT CONCESSION STAND SUPPLIES-COMMUNITY CENTER MILEAGE REFUND-OVERPAYMENT ON UTILITY BILL EXPENSES-PUBLIC SAFETY TROPHIES/PLAQUES-ORGANIZED ATHLETICS -STROBE LIGHTS/LAMP/REPAIR KIT- EQUIPMENT MAINTENANCE -REPLACE BALLASTS & INSTALL FLUORESCENT SOCKET-LIQUOR STORE PRINTING-PLANNING DEPT SAND-STREET MAINTENANCE BELT/HOSE-COMMUNITY CENTER -SERVICE-RIVER VIEW RD/HIDDEN GLEN 3RD -ADDITION/WYNDHAM KNOLL/TECHNOLOGY DRIVE/ PRESERVE BLVD RADIO ANTENNA/REPAIRS-WATER DEPT BASKETBALL OFFICIALS/FEES PD ROPE/SS PINS-COMMUNITY CENTER 312.00 3014.00 36.60 42.00 101.65 525.00 27.00 45.42 115.05 26.61 32.11 10.50 37867.50 72938.25 89800.90 54.00 705.64 51.50 260.00 785.50 37.75 1200.00 24.00 3500.00 9.50 475.03 660.00 116.95 173.00 1064.00 33.75 20.50 189.00 80.00 22.00 426.50 19.75 14.40 13.95 160.89 395.02 166.10 91.40 294.96 13.64 2990.88 49.39 324.00 27.94 JANUARY 20,1987 32402 RETAIL DATA SYSTEMS OF MINNESOTA 1987 MAINTENANCE AGREEMENT-LIQUOR STORE 32403 ROAD MACHINERY & SUPPLIES CO PICKUP TOPPER-POLICE DEPT 2404 ROGERS SERVICE CO -REPAIRS/ALTERNATOR EXCHANGE/BRUSHES/ -COILS/GASKETS/BEARINGS/BRUSHES- EQUIPMENT MAINTENANCE 32405 ROGERS WELL DRILLING SERVICE-7205 BAKER ROAD 32406 RYANS RUBBER STAMPS STAMPS-ELECTIONS 32407 WAYNE SANDERS BOOK-BUILDING DEPT 32408 ELIZABETH SAUGEN VOLLEYBALL OFFICIAL/FEES PD 32409 ERIC SAUGEN VOLLEYBALL OFFICIAL/FEES PD 32410 SEARS ROEBUCK & CO -CALCULATOR/COVERALLS/SOCKETS/WRENCHES/ PLIERS-SOUTHWEST AREA TRANSIT & PARK DEPT 32411 SEARS ROEBUCK & CO VOLTAGE TESTER-COMMUNITY CENTER 32412 SHAKOPEE FORD INC -HOOD RELEASE CABLE/VEHICLE REPAIRS- EQUIPMENT MAINTENANCE 32413 MITCHELL SHERMAN/RATER EMPLOYEE EXAMINATIONS-HUMAN RESOURCES 32414 W GORDON SMITH CO -FLOOR MATS/BULBS/REGULAR & UNLEADED FUEL- $5703.30-FIRE DEPT & EQUIPMENT MAINTENANCE 32415 SNAP PRINT-WEST PRINTING-SENIOR CENTER 32416 SOUTHWEST AUTO SUPPLY INC -CARBURATOR KITS/FILTERS/IGNITION/FANS/ -FLASHLIGHTS/ADAPTERS/ANTENNAS/FUEL PUMP/ -PAINT/TIRE PATCHES/VALVES/OIL DRAIN PLUG/ LIGHT BULBS/MIRRORS/WIRE/WELDING GLASSES 32417 SOUTHWEST SUBURBAN PUBLISH INC ADS-LIQUOR STORE 32418 EMMETT STARK COMMUNITY BAND DIRECTOR/FEES PD 32419 STATE TREASURER NOVEMBER 86 BUILDING PERMIT CHARGE 32420 STATE TREASURER DECEMBER 86 BUILDING PERMIT CHARGE , '?421 SUBURBAN CHEVROLET -COIL ASSEMBLY/REPAIR FUEL LEAK/WHEEL/ TURN SIGNAL SWITCH-EQUIPMENT MAINTENANCE 32422 SUN ELECTRIC CORP PAPER-EQUIPMENT MAINTENANCE 32423 SUPPLEE ENTERPRISES INC LIGHT BULBS-LIQUOR STORE 32424 TARGET STORES INC SUPPLIES-COMMUNITY CENTER 32425 TARGET 220 SUPPLIES-COMMUNITY CENTER 32426 TENNESSEE CHEMICAL CO CHEMICALS-WATER DEPT 32427 TEXGAS BOTTLE GAS TANK FOR HOT BOX-STREET DEPT 32428 KEVIN UMM BASKETBALL OFFICIAL/FEES PD 32429 TK ASSOC OF MPLS INC SERVICE-RESIDENT SURVEY ON CITY OFFICES 32430 TOTAL TOOL WRENCH/VISE/PIPE EXTRACTOR-WATER DEPT 32431 TUPCO INC WASTE DISPOSAL-TREE REMOVAL 32432 BRUCE TWADDLE BROOMBALL OFFICIAL/FEES PD 32433 TWIN CITY OXYGEN CO OXYGEN-EQUIPMENT MAINTENANCE 32434 TWIN CITY PRICING & LABEL INC LABEL GUN-LIQUOR STORE 32435 TWIN CITY TESTING SERVICE-VALLEY VIEW ROAD 32436 UNITOG RENTAL SERVICES UNIFORMS FOR CITY EMPLOYEES 32437 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 32438 HOLLY VAN DOREN WINTER DAY CAMP INSTRUCTOR/FEES PD 32439 VESSCO INC METER REPLACEMENT-WATER DEPT 32440 VIKING LABORATORIES INC CHLORINE-COMMUNITY CENTER 32441 WATER PRODUCTS CO -2 3" 1000 GAL COMP MTR @$1266.00/4-6" 1000 GAL GENERATOR 32442 WAYZATA AUTO SERVICE INC PARTS-EQUIPMENT MAINTENANCE 32443 LYNNETTE WEISGRAM VOLLEYBALL OFFICIAL/FEES PD 32444 WESCO LAMPS/LIGHT BULBS-COMMUNITY CENTER 445 WEST WELD -WELDING TOOL/BRAZING TOOL/BANDSAW BLADE/ SAFETY SCREEN-EQUIPMENT MAINTENANCE 4569139 1002.00 448.00 251.61 250.00 15.00 10.00 260.00 481.00 321.46 18.04 545.81 143.00 6036.73 152.55 1934.60 689.32 403.00 6972.28 5105.95 271.65 98.00 3.59 30.73 135.75 3301.20 446.00 162.00 1625.00 37.80 50.00 81.00 43.25 79.00 6817.00 1299.70 119.27 48.00 1994.92 80.00 2594.67 66.20 20.00 688.64 557.67 JANUARY 20,1987 32446 WORDSWORTH -Ale2447 ZEE MEDICAL SERVICE 1-42448 FRED 2IEBOL 32449 KAY:ZUCCARO 33130 ADS-LIQUOR STORE: -1ST AID SUPPLIES4ARKAAINTENANCE & COMMUNITY CENTER : BASKETBALL OFFJCIAL/FEES PD AQUA AEROBICS:INSTRUCTOR/FEES PD 67.13 103.30 35.00 125.87 $887513.68 DISTRIBUTIONS BY FUND 71922.69 1816.18 500.00 36298.99 20770.91 4035.35 1653.60 279001.70 3244.00 500.00 4000.00 210972.92 299.06 51411.05 200837.23 250.00 J GENERAL 11 CERTIFICATE OF INDEBT 12 CERTIFICATE DEBT FD 15 LIQUOR STORE-P V t4 17 LIQUOR STORE-PRESERVE 25 TRANSIT SYSTEM 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 39 86 FIRE STATION CONSTRUCT 40 86 FIRE STATION DEBT 45 UTILITY DEBT FD ARB 51 IMPROVEMENT CONST FD 57 ROAD IMPROVEI4ENT CONST FD 73 WATER FUND 77 SEWER FUND 90 TAX INCREMENT FUND $887513.68 li-Prairie Lutheran Church 10631 lee Drive Eden Prairie, MN 55344 • Phone 829-0525 • Pastor Merrill Ronning • Phone 829 -0324 January 12, 1987 City Council Eden Prairie, MN 55344 Dear Members of.the Council: We wish to appeal the decision of the Board of Appeals and Adjustments during their meeting of January 8, 1987, in which they required Prairie Lutheran Church to use brick as the primary exterior building material for 30% of the exterior of the church to be built on County Road One. Following are several reasons why this appeal is being.. brought to your attention: 1. In the staff report outlining the variance requests submitted earlier, it was indicated that the Planning Commission and City Council had reviewed the development proposal and were aware that the structure was being.proposed with less than 75% brick as a primary building material. That report - indicated -, "Staff has pointed out a negative characteristic Of maintenance with wood skiing, but has also pointed out a positive 'characteristic in which the wood siding compliments the surrounding residential land use." In that area the first unit for the church is equivalent to a 'large' home, and would be in keeping with the architecture and esthetics of the surrounding homes. 2. The bids for the church construction have been received and are considerably higher than budgeted. The cost of the brick, material and labor, is nearly 14% of the original budget. The Building Committee is reviewing all areas . where cost reductions or design considerations can reduce the cost. If brick is required, it will be a prohibitive factor in continuing our building plans. 3. A church provides a service to the community it serves, (There is no other Lutheran Church in the southeastern quadrant of Eden Prairie), and a building requirement of this nature should not restrict the church's ability to serve the residents of Eden Prairie. We respectfully request that this appeal be addressed by the City Council at the earliest possible opportunity. Sincerely41 4-15177e7 01,r/f1.9 Merrill Ronning, Pasto4 4 Prairie. Lutheran Church Tech 7th Addition CITY OF EDEN PRAIRIE HENNEpIN COUNTY, MINNESOTA ORDINANCE NO. 56-86 . AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #36-85-PUD- 6-85 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 Ordinance #36-85-pud-6-85 be amended as follows: "Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 17, 1985, entered into between Hoyt Development, a Minnesota corporation, and the City of Eden Prairie, and that certain Addendum to Developer's Agreement dated as of January go,_ IsaT, entered into between Hon - Development and the City of Eideli 15FiTFie, which Agreement an Addendum are hereby made a part hereof." Section 3. 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 4. 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 December 2, 1986, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of January, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Zoning District Anendment That part of Outlet A, Technology Pare 3rd Addition, according to the record plat thereof, described as follows: Commencing at the northeast corner of said G u t l o t .A; thence-- South 0 degrees, 40 minutes 50 seconds West, record bearing, alo n g t h e - e a s t l i n e t h e r e o f 9 4 3 . 4 f e e t to the point of beginning of the land to be des c r i b e d : ; , t h e n c e . N o r t h 7 3 d e g r e e s 15. minutes OE seconds West 179,11 feet., -thence. South /3 degrees -AS minutes 24 secondi West 215.00 feet; thence-North 72'-'deg r e e s • 4 1 m i n u t e s - O N s e c o n d s W e i t 130.79 -feet; thence North 62 degrees 40 minutes '4 8 .Seconds West 110.29 .feet; thence South 59 degrees 45 minutes 14 second s - W e i t 2 0 . 0 4 f e e t t o d . point in the west line of said Oudot A; thence northerly' al o n g ' S a k i . w e s t _ l i n e . 2 5 0 , 2 9 • f e e t ; thence South 72 degrees 39 minutes .op seconds Last 355,92 feet; thence• North- 74 degrees 19 minutes 35 seconds East 1-12.64 feet ; thence Worth 21 degrees 02 minutes 20 seconds East 101.24 'feet; 'then c e S o U t e - 99 'degrees .11 'minutes 11 seconds East 228.00 feet to - a point An the. east lineal said .-Outlot 3:-thence South 0 degrees 48 minutes 50 seecindS: West -Along said .e.ist - line 327-.40 f:eet: to the point of beyinning. Technology Park 5, 6, & 7 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 36-85-PUD-6435 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA,11EMOVING 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, AMQNG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the PUD-6-85-Office District and the PUD-6-85-I-2-Park District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter In the PUD-6-85-Office District and the PUD-6-85-I-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. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of December 17, 1985, entered into between Hoyt Development, a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 5th day of November, 1985, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of December, 1985. AT(EST: ane, City Clerk `Wilt9fgeriiinc Mayor LISHED in the Eden Prairie News on the 2nd day of January, 1986 REZONING TO OFFICE That part of Outlot A,' Technology Park 3rd Addition, according to the record plat thereof, described as follows: Commencing at the northeast corner of said Outlet Al thence South 0 degrees. 48 minutes 50 seconds West, record bearing along the east line thereof 943.4.feet to the point of beginning of the land to be described; thence North 73 degrees 15 minutes 01 seconds West 179.11 feet; thence South. 73 degrees, 45 minutes -24 seconds West 215.00 feet; thence North 72 degrees 41 minutes 09 seconds West 130.79 feet; thence North 62 degrees 40 minutes 48 seconds West 110.29 feet; thence South 59 degrees 45 minutes 14 seconds West 20.00 feet to a point in the west line of said Outlet A; thence northerly along said west line 258.29 feet; thence South 72 degrees 39 minutes '00 seconds East 355.92 feet; thence North 74 degrees 18 minutes 35 seconds East 112:64 feet; 'thence North 21 degrees 02 minutes 20 seconds East 101.24 feet; thence 'South 89 degrees 11 minutes 10 seconds East 228.00 feet to a point In the east line of said Outlet A; thence South 0 degrees 48 minutes 50 seconds Nest along said east line 327,40 feet to ' the point of beginning. REZONING TO 1-2 PARK That part of Outlet A, Technology Park 3rd Addition, according to the record plat thereof, lying northerly of the following described line: Cementing at the northwest corner of said Outlet A; thence South 2 degrees 24 minutes 28 seconds West. retard bearing, along the west line thereof 440.02 feet to the point of beginning of the line to De described; thence South 87 degrees 06 minutes 33 seconds East 50.00 feet; thence South 70 degrees 49 minutes 50 seconds East 120.64 feet; thence South 89 degrees 11 minutes 10 seconds East 128.50 feet; thence South 42 degrees 10 minutes 10 seconds East 200.94 feet; thence South 10 degrees 16 minutes 47 seconds East 1C3.94 feet; thence South 89 degrees 11 minutes 10 seconds East 273.00 feet to a point in the east tine of said Outlot A distant 616.00 feet southerly of the northeast corner thereof and said line there terminating. LEGAL FOR PLATTING Outlet A, Technology Park 3rd Addition, Hennepin County. MM DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1987, by and between Technology Park Associates, a Minnesota general partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WHEREAS, Developer and City made and entered into a Developer's Agreement, dated December 17, 1985, for Technology Park 5, 6, and 7 (the "Developer's Agreement"); and, WHEREAS, the parties desire to amend said agreement for the Office District portion of the property, consisting of 3.77 acres, referred to in said agreement, that portion of the property being as described in Exhibit A, attached hereto and made a part hereof; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: Owner shall develop the Office District portion of the property in conformance with the revised material dated October 23, 1986, reviewed and approved as amended by the City Council on December 2, 1986, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. B. Paragraph 5. shall be deleted. C. Paragraph 6. shall be amended by adding the following: Prier to release by the : City of the final plat for the property', Developer agrees to provide to the City proper financial security as.:.*scribed in Exhibit C, attached - hereto, for the construction of the Golden Triangle Drive. creek crossing and'watermaWextension." " Developer agrees to all of the terms and conditions and obligations of the "Developerunder the Developer's Agreement and supplemented herein. "C. up . "E. be used for the office' materials "F. An amended landscape plan for the Office District portion of the property which shall indicate additional lowland plantings adjacent toJiineAlile Creek: to:tcreen parking and loading areas An amended site Plan which shall indicate A five-foot wide, five-inch thick concrete sidewalk trail connection between the building:: to be constructed in .:- the Office District portion of the property and-the sidewalk along Golden Triangle Drive. An amended grading plan for the Office District portion of the Property which shall indicate a 2h/1 slope adjacent to NineAltle:Creek.. : Samples : of exterior structure.: "G. Detailed plans for mechanical equipment screening." D. Paragraph 11. shall be added as follows: John D. Frane, City Clerk Tech 7 (Amended) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA - RESOLUTION NO. 87-20 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 56-86 AND ORDERING-THE PUBLICATION -ME SAID SUMMARY . WHEREAS, Ordinance No. 56-86 was adopted and ordered published at A regular meeting of the City Council of the City Of Eden Prairie on the 20th day of January, -1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the. summary Of Ordinance No..-56-86, which is attached hereto, is approved, and the City COUncil finds that said text clearly informs the public Of the intent and -effectof 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. 56-86 shall be recorded •in the ordinance took, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on January 20, 1987. Gary D. Peterson, Mayor ATTEST: CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 56-86 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE ZONING OF CERTAIN LAND WITHIN THE OFFICE ZONING DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS Tech 7th Addition (Amended) THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: • Summary: This Ordinance allows amendment of the zoning within the Office Zoning District for land located east of future Golden Triangle Drive, north of Nine Mile Creek, subject to the terms and conditions of an addendum to a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.)