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City Council - 03/03/1987AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, MARCH 3, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE ROLL CALL 7:30 P.M. SCHOOL ADMINISTRATION 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, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council meeting held Tuesday, February ILL 1987 Page 412 III. CONSENT CALENDAR A. MEADOW PARK 3RD ADDITION, by J B & D, Inc. 2nd Reading of Page 438 Ordinance #58-86, Rezoning from Rural to R1-13.5; Approval of Developer's Agreement for Meadow Park 3rd Addition; and Adoption of Resolution #87-43, Authorizing Summary of Ordinance #58-86, and Ordering Publication of Said Summary. 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 Rcad. (Ordinance #58-86, Rezoning; Resolution #87-43, Authorizing Summary and Publication) B. CARMEL 6 & 7, by Hans Hagen Homes, Inc. 2nd Reading of Page 445 Ordinance #2-87-PUD-1-87, Rezoning from Rural to R1-13.5; Approval of Addendum to Carmel Addition Developer's Agreement; and Adoption of Resolution #87-53, Authorizing Summary of Ordinance #2-87-PUD-1-87 and Ordering Publica- tion of Said Summary. Zoning District change from Rural to R1-13.5 on 0.66 acres; platting of 16.26 acres into 27 single family lots. Location: North of Fallbrook Road and east of Thornhill Road. (Ordinance #2-87-PUD-1-87, Rezoning; Resolution #87-53, Authorizing Summary and Publication) Agenda -2- March 3, 1987 C. 2nd Reading of Ordinance No. 5-87 Amending Section 5.30 of the City Code Regarding Amusement Centers. -(URTTance #5-87) Page 451 D. TJH PLAT, TJH Partnership. Preliminary and Final Plat Page 452 A royal for Prairie Business Park Condominium #509 Resolution #87-50, PreliminarTnat, Resolution —M-56, la Final Plat) E. Authorizing Transfer of Property Ownership in Bluffs West 5th Addition F. Receive Feasibility Study for Prairie View Drive Street and Page 460 Utility Improvements and Setting Public Hearing for ApriT7211. 1987 I.C. 52-104 (Resolution #87-51) G. Resolution Supportin Approval of the Hennepin County Federal Page 461 Aid Urban F.A.U. Project Submittal for Projects within the City of Eden Prairie for 1989 Through -Ig91 (Resolution #877) H. Change Order #1 - Water Treatment Plant Improvements Project Page 462 No. 52477-- I. Reaffirmation of Appointments to Southwest Transit Commission Page 465 Page 457 IV. PUBLIC HEARINGS A. DEER CREEK 2ND ADDITION, by Thomas M. Carmody. Request for Planned Unit Development Concept Amendment on 80 acres, Planned Unit Development District Review on 80 acres with variances and Zoning District Change from Rural to R1-9.5 on 10.5 acres, Preliminary Platting of 12.6 acres into 31 single family lots, one outlot, and road right-of-way. Location: West of Anderson Lakes Parkway, East of Carmody Drive. (Resolution #87-54, PUD Concept Amendment; Ordi- nance #8-87, Rezoning; Resolution #87-55, Preliminary Plat) B. Vacation of Drainage and Utility Easements Over Outlot Edenvale Industrial PitT (Resolution #87-4g -- V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Historical & Cultural Commission - 1 Appointment (three-year term commencing March 1, 1987) B. Bicentennial of the U.S. Constitution - 1 Appointment Page 466 Page 474 Page 477 Page 484 Page 489 Page 485 X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Community Services 1. Survey on Lake Conference School/City Agreement for High School Hockey Game Costs 2. CDBG Grant for Discretionary Funds for New Senior Center Improvements F. Report of Director of Public Works Xl. NEW BUSINESS XII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, FEBRUARY 17, 1987 7:35 PM, SCHOOL ADMINISTRATION BUILDING BOARDROOM COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 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 ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: III. I. MITCHELL ESTATES by Ray Mitchell; X. A. 1. Anderson - Set a Special Meeting to discuss sidewalks, trails and pathways; X. A. 2. Pidcock - Offer from Hennepin Vo Tech regarding the Holasek House MOTION: Pidcock moved, seconded by Harris, to approve the Agenda and Other Items of Business as amended and published. Motion carried unanimously. II. MINUTES A. City Council meeting_held Tuesday, January 20, 1987 (con-tinued from February 17, 1987) MOTION: Harris moved, seconded by Pidcock, to approve the Minutes of the regular City Council meeting held Tuesday, January 20, 1987, as published. Motion carried unanimously. B. City Council meeting held Tuesday, February 3, 1987 MOTION: Harris moved, seconded by Pidcock, to approve the Minutes of the regular City Council meeting held Tuesday, February 3, 1987, as published. Motion carried unanimously. City Council Minutes -2- February 17, 1987 III. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 4-87 pertaining to Human Rights & Services Commission C. Resolution No. 87-36 Appointment of Election Judges for the March 19th Referendum D. Resolution No. 87-47 Appointing Members of the Housing & Redevelopment Authority E. Final Plat Approval for Coachman's Landing 5th Addition (Village Woods Drive) Resolution No. 87-39 F. Final Plat Approval for Eaton Addition (Division of Eaton Corporation) Resolution No. 87-40 G. Authorize conveyance of City property to Mn/DOT for con- struction of THJ (SW corner of TN 5 and Mitchell Road! Resolution No. 87-38 H.lelResollitionN0.8 -AIT Authorizing the Acquisition of Tax Forfeited Land for Public Right-of-way and Approvingparcels for Public Auction I. MITCHELL ESTATES, by Ray Mitchell. 2nd Reading of Ordi- nance No. 3-87, Rezoning from Rural to R1-13.5; Adoption of Resolution 87-48, Authorizing Summary of Ordinance 3-87 and Ordering Publication of Said Summary. 1.04 acres into two single family lots. Location: Southeast quadrant of Scenic Heights Road and Hiawatha Avenue (Ordinance #3-87, Rezoning; Resolution #87-48, Authorizing Summary and Pub- lication) MOTION: Pidcock moved, seconded by Anderson, to approve Items A - I on the Consent Calendar. Motion carried unani- mously. IV. PUBLIC HEARINGS A. SUBURBAN NATIONAL BAN1qPRESERVE MEDICAL BUILDING, by Supplee's 7-Hi Enterprises, Inc. Request for Comprehen- sive 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, City Council Minutes -3- February 17, 1987 west of County Road 18. (A continued Public Hearing from January 20, 1987) City Manager Jullie said this item was continued at the last Planning Commission meeting so Staff recommends it be continued to the March 17th Council meeting. MOTION: Harris moved, seconded by Pidcock, to continue this item to the March 17, 1987 meeting of the City Council. Motion carried unanimously. B. Vacation of sections of Franlo and Bluff Road through the Bluffs East 4th Addition (Resolution No. 87-41) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. He said the plat of the Bluffs East 4th Addition showed new alignments for Franlo and Bluf f Roads and that the current roadways would be vacated subjec t to a temporary easement so the City could retain transporta - tion on the roadways until the new streets are constructed. Anderson asked if there was any disagreement from surroundi n g property owners. Director of Public Works Dietz pointed out the locations of the current alignment and the proposed alignment and the terms under which the temporary easement will be provided. There were no comments from the audience. MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No. 87-41, Vacation of Right-of-Way for Franlo Road and Bluff Road in Sections 25 and 36. Motion carried unanimously. C. CARDINAL CREEK 6TH, by New American Homes Corporation. Request for Comprehensive Guide Plan Amendment from Medium Density Residential to Low Density Residential on 31.2 acres, Zoning District Change from Rural to R1-13.5 on 31.2 acres, and Preliminary Plat of 39.5 acres into 59 single family lots, three outlets, and road right-of-way. Location: North of Cardinal Creek Road, west of 1-494. (Resolution No. 87-44 - Comprehensive Guide Plan Amendment; Ordinance No. 6-87 - Rezoning; and Resolution No. 87-45 - 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 Krueger, representing proponent, addressed the proposal . City Council Minutes -4- February 17, 1987 Planning Director Enger said the Planning Commission re- viewed this item at the January 26th meeting and at the February 9th meeting. He said they recommended approval on a 7-0 vote, subject to the recommendations of the Staff Report of January 23rd, and with three additional items: realignment of the access road to. Baker Road in order to preserve the trees on the property to the west; establish- ment of a construction road so that construction traffic will not disturb the existing neighborhood; and that Staff look into the continuation of Cardinal Creek Road as to how it would be named for public safety purposes. Enger said Staff has worked with Public Safety on the street naming question and they now recommend that Stone- wood Court be continued rather than Cardinal Creek Road. He said proponents have worked to accommodate a change to allow an exit to the west. Staff also recommended a five- foot wide concrete sidewalk be constructed along the north and east side of Stonewood Court through the subdivision. Enger said Staff recommended that if proponent does not provide access to Baker Road, the development of the prop- erty would not go forward until such access is provided. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission reviewed this item at the February 2nd meeting and recommended approval on a 7-0 vote, per the recommendations of the Planning Commission and Staff Reports of January 23 and January 29, 1987. He said the majority of the concern at the meeting revolved around the realignment of the road. Lambert said that, subsequent to the Parks Commission meet- ing, Staff discussed recommending that the developer grade a trail along the north side of the creek and sign it so that it could become a mowed grass trail for public use. He said this trail could ultimately lead to a future side- walk on the east side of Baker Road and down to the side- walk to the south along Cardinal Creek Road. Bentley asked Director of Public Works Dietz if it was correct that the waterlines in Cardinal Creek are not currently looped. Dietz said that was correct. Bentley then noted that this would accomplish the loop. Noting that the homes on the southern portion of the proj- ect are being platted into the floodplain area, Bentley asked how much fill will be required, how difficult will it be, and what the impact is to the homes in the flood- plain. Enger responded that there is a relatively small City Council Minutes -5- February 17, 1987 area of encroachment into the floodplain, probably only 1/3 acre. Enger said they would want proponent to provide soil information on those lots but this doesn't look nearly as difficult as other areas. Peterson noted the reference in the Staff Report of Janu- ary 23rd to a noise impact analysis for the site that indicated several of the lots were exposed to higher than acceptable levels of noise from Hwy. 494. He asked if we assume the builder will take the measures recommended in the memo to reduce the noise levels or are there ways we might want to require that those houses be properly con- structed. Enger replied that those particular lots will be flagged and Staff will make an extra check on them; however, normal construction provided with the energy code is sufficient to meet the sound standards within the homes Anderson asked Director of Public Works Dietz if he antici- pated any problems with steep grades on the road. Dietz said the road grades will meet the 8% maximum road grade. Anderson asked if there will be any grading on the top of the highest hill. Enger replied that the highest elevation on the property occurs where the electrical tower is shown on the map and said that particular hill will be changed in shape but the high point will not be altered. He also said that the high point on the northwest portion of the property will not be altered. Anderson noted that this parcel of land is highly visible to the entire neighborhood and asked if the development of this property will have any bearing on how the property to the west is developed. Enger said it will have a bearing on two properties, the Miller property and the Griffith property, and he described the terrain on those two proper- ties. Anderson then asked about the location of the two outlots to be given to the City and asked if it will be possible to get from one to the other. Lambert pointed out the out- lots on the map of the project and said that he wasn't sure there would be a reason to get to one of the outlots as it has never been proposed by the City to obtain that parcel for a park or any other public use. He said it is being proposed by the developer as a conservation piece and that he would not recommend putting a sidewalk between two houses in order to get to the parcel. A discussion followed as to the purpose of having the outlot and by what means it could be accessed. City Council Minutes -6 - February 17, 1987 Art Roberts, 13543 Woodmere Circle, said he was the Vice President of the Homeowners Association and that he was essentially pleased with this project. He said he was not clear about the plan for construction traffic and whether Cardinal Creek Road would be blocked off to access from the construction area. Krueger responded that they have always planned to barricade the existing end of Cardinal Creek Road so construction traffic will not use that street. Peterson asked for clarification of when the barricade will go up and when it will come down. Krueger responded that they plan to remove it when the first home is com- pleted and occupied so that public services will be avail- able and that at that time they should be at a point where the grading is completed. Mr. Roberts then noted that part of the City Code says the proposed name of a subdivision shall not be alike or dupli- cate the name of any other subdivision; therefore, he ques- tioned why the project is still being referred to as "Cardinal Creek 6th Addition" when proponent had agreed to call it "Cardinal Hills". Enger said it would not be a problem to change the name on the legal descriptions of the property at this time. Floyd Siefferman, 6997 Edgebrook Place, said that he was part of the committee to see the zoning of this property through to completion and that he is very pleased with the project. He reviewed the list of concerns presented by the Cardinal Creek Homeowners Association regarding this property. Robert Swigart, 13184 Cardinal Creek Road, said he felt the City and the residents have been well served by the process that has gone on over the last two years. He then asked for a clarification of the access out to Baker Road. Krueger explained that their previous plan to use their own property for access required removing several large oak trees; therefore, they got into negotiations with the adjacent landowners and have an access easement to the property from Baker Road at this time. He noted that the property on the west has been submitted to the City for approval. Swigart said that if a permanent access road cannot be arranged, then the whole project becomes the extension of a cul-de-sac. For that reason he said he would like to see the resolution of the permanent access to the property in the next couple of weeks. Krueger said that he felt this depends upon the approval of the project to the west. Swigart also expressed concern about a large grove of trees in the project and said he would like to see them saved if possible. City Council Minutes -7- February 17, 1987 Anderson noted that this project is a much improved agree- ment as it has moved the development away from the moraine that provides character to the area. Dietz said he was concerned that the recommendation from Staff regarding a commitment on how the access road would be constructed had not been fulfilled. Peterson asked the proponents if it was their understanding that Council approval tonight would be contingent upon the approval of the plat to the west. Frank Kramer, representing proponent, said that he wasn't aware that approval would be contingent upon final arrange- ments for the access road. He said they are working with the adjacent property owners and that they plan to complete the arrangements as soon as the land to the north is platted. He expressed concern with the proposed T intersection at Cardinal Creek Road and Stonewood Court as that would re- quire their acquiring a lot at about $75,000 in addition to the expense of acquiring the additional land for the access road. He said all the extra expense may make the whole development improbable. Peterson noted his appreciation for the work done and their coordination with the residents of Cardinal Creek, but also noted that the alteration of the road alignment was a contingency on the previous two or three proposals for this parcel. Kramer said he thought that contingency was for the previous proposals only since those were multi-family proposals. Bentley said proponent should have been aware of the Staff Report of January 23, 1987, which contains the following recommendation: "7. If the proponent does not come up with an accep- table alternative for road access to Baker Road, or is not able to provide access through the Miller parcel, or the City is not willing to condemn property for road access, the development of this property would not go forward until such a time as access were extended in from Baker Road." Bentley said he therefore believes this project cannot go forward unless we know there will be a road there when people move in. Kramer said they would be willing to work with Staff on the access road but they have a problem with ac- quiring the additional lot for the proposed T intersection. Bentley asked if there was some reason why the T designa- tion won't work. Enger replied that it was determined a City Council Minutes -8- February 17, 1987 year ago that it would work and there have been no changes since then. Enger said the underlying ownership is in the Marsh properties. Bentley asked if the T designation was included in the Staff Report of January 23rd. Enger sald Staff had highlighted all of the outstanding issues from the previous development proposals when this developer first came in. He said the Planning Commission asked Staff to work with Public Safety in order to determine what should be done about the T inter- section, and that Staff then determined the original con- tingency for a T intersection should remain. Dietz noted that the lot at that intersection will still be marketable after the designation even though the configuration of the lot will be changed. Oscar Miller, 6521 Baker Road, said he had talked with proponents and others regarding this situation. He said that, while they have nothing in writing, he sees no reason why they can't come to an agreement. Bentley said he thought the two basic issues at this point seem to be the question of the T intersection to the south and the access out to the west and that both could be dealt with in terms of contingencies on 2nd Reading. He said he thought there might be justification for not having direct public access to the outlot on the south and east as there appears to be no purpose for that access. Pidcock asked if there would be any liability if there is no public access to that outlot. City Attorney Pauly said he felt the liability would be diminished because there would be no public access provided. Anderson noted that the people on Topview Acres have access to the floodplain from the other side, so there is public land and public access to the other side. Lambert said he had just noticed that there is an access off Cardinal Creek Road as part of the Edgebrook Court subdivision that would provide access further south to the City property. Bentley said the redesignation to Cardinal Hills is more of a legal matter and is a question of redesignating the name of the project. Jullie noted that when the final plat comes through, the name of the subdivision becomes part of the permanent record, so it would be important to change it on the final documents. MOTION: Pidcock moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 87-44, amending the Comprehensive Guide Plan. Motion carried unanimously. City Council Minutes -9- February 17, 1987 MOTION: Pidcock moved, seconded by Bentley, to give 1st Reading of Ordinance No. 6-87, rezoning from Rural to R1-13.5 on 31.2 acres. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley, to adopt Reso- lution No. 87-45, approving the Preliminary Plat of Cardinal Hills (A/K/A Cardinal Creek 6th) for New American Homes Corporation. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations and with the under- standing that 2nd Reading will be contingent upon the pro- vision for final access from Baker Road on the west and satisfactory resolution of the issue concerning the T intersection on the south. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock, to recon- sider the previous motion. Motion carried with Bentley opposed. Anderson said he thought the question of the trail by the floodplain was not clear. Lambert explained the access available to that area. MOTION: Bentley moved, seconded by Pidcock, to close the discussion and to vote on the reconsidered motion. Motion carried unanimously. D. EDENVALE 21ST ADDITION by Breco Corporation. Request for Zoning District Change from Rural to R1-9.5 on 5.52 acres with Preliminary Platting of 7.34 acres into 18 single family lots, one outlot, and road right-of-way. Location: South and east of Edenvale Boulevard, west of Woodland Drive (Ordinance No. 7-87 - Rezoning; Resolution No. 87-46 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. K. E. Schumacher, representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission re- viewed this item at the January 26th meeting and recommended approval on a.6-0 vote for rezoning from Rural to R1-9.5 for 5.52 acres and for Preliminary Plat of 7.34 acres into 18 single family lots and one outlot, subject to the recommenda- tions of the Staff Report of January 23, 1987. City Council Minutes Enger said the Staff Report recommended that, prior to building permit issuance, proponent should submit an archi- tectural plan under which no two units should be alike side by side, opposite or diagonally across from each other; the proposed grading limits be staked with a snow fence; all 2.5 to 1 slopes shall be sodded, staked and protected with snow fencing immediately after grading; and that the pond be dedicated to the City. He said the report also recommended construction of a five-foot wide concrete sidewalk along Woodland Drive. Director of Community Services Lambert said the Parks, Recre- ation & Natural Resources Commission reviewed this item at the February 2nd meeting and recommended approval on a 7-0 vote, subject to the recommendations of the Planning Commis- sion and the Staff Reports of January 23rd and January 29th. He said the primary discussion concerned the sidewalk issue. Lambert said a petition for the sidewalk was received last fall and a Feasibility Study is in process for the sidewalk. He said Mr. Dietz and he have looked at the possibilities for a sidewalk along Woodland Drive and he feels the best location for one is on the west side of the street, although there are some difficult areas on which to build one. He described the areas of difficulty and the possible solutions for construction in those areas. He said he would recommend that the developer be required to bond for the sidewalk along the entire length of the project so the money is available if it is decided to put one in. Pidcock asked who is doing the Feasibility Study and how long it normally takes. Director of Public Works Dietz said he is doing the study and the problem is trying to figure out how to levy the assessments. At this point Mayor Peterson passed the chair to Council- member Bentley. Harris asked if the entire sidewalk is included in the study. Dietz said the entire length will be included. Anderson said he agreed with Mr. Lambert that bonding for the sidewalk should be required so that the money is avail- able after the Feasibility Study is complete and decisions have been made on other sidewalks in the City. He said he thought the volume of traffic should be considered in the decision as to whether or not there should be a sidewalk constructed. Lambert said the City has never set any guide- lines for where sidewalks are warranted. City Council Minutes -11- February 17, 1987 Gary Johnson, 15020 Ironwood Court, said he is pleased with the subdivision itself and with the way it saves the contours of the land. He said he was concerned about the sidewalk and presented a petition he said property owners adjacent to the proposed sidewalk had signed that asks the City to deny the request for construction of a sidewalk along Woodland Drive. (Attachment A) Enger said the suggestion for a sidewalk did not come entire- ly from Staff but rather was brought up at development re- view as a concern regarding the traffic on Woodland Drive and the safety of the many children along this street. At this point Mayor Peterson resumed the chair. Jeff Miller, 15195 Ironwood Court, said he would question the desirability of running the waterline between two homes. He said he thought the higher speed traffic occurred on the southern section of Woodland and that he would suggest considering a sidewalk on the southern portion of Woodland Drive. He also asked about the lot prices and how they com- pare with the lots on Ironwood. Mr. Schumacher responded that the lot sizes are very similar and will probably be priced around $40,000. He said they anticipate the lots will be marketed to custom home builders . Pidcock commented that, generally speaking, a lot is about 25% of the total cost of a package. Dave Anderson, 15040 Ironwood Court, asked about the sewer and the retaining wall. Mr. Schumacher pointed out the location of the sewer and said the retaining wall would pertain to the sidewalk construction if it occurs. Mr. Johnson noted that the concerns regarding traffic may have come from consideration of the townhouse development previously proposed. Jim Kesler, 6941 Raven Court, said he would prefer to see the project be a little less dense so that it would blend in with the property immediately to the south. Bentley commented that the density of this project is 2.5 per acre compared to the approved PUD density of 5.8 per acre and that it compares very favorably to other developments such as Linden Ponds. Bentley asked how critical the looping of the water main is . Dietz said he believes it is not a significant issue for this project and that he thought it could dead end. City Council Minutes -12- February 17, 1987 MOTION: Anderson moved, seconded by Pidcock, to close the Public Hearing and to give 1st Reading of Ordinance No. 7-87 for Rezoning from Rural to R1-9.5 on 5.52 acres. Motion carried unanimously. MOTION: Anderson moved, seconded,by Harris, to adopt Resolution No. 87-46, approving the Preliminary Plat of Edenvale 21st Addition for Breco Corporation. Motion carried unanimously. MOTION: Anderson moved, seconded by Harris, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations with the exception that the water main will not be required to loop back to Woodland Drive and with the requirement that bond be posted until July 1, 1987, for the construction of a sidewalk along Woodland Drive, pending the recommendations of further study by Council and Staff on the subject of sidewalks. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 32759 - 33028 Bentley asked about Item No. 32861 to Braun Eng. Testing Inc. for service. Director of Public Works Dietz said this was for testing done on Olympic Hills golf course because the dyke be- tween the golf course and Neill Lake has failed. He said con- struction has begun on that. Bentley asked if it is a City project. Dietz said it is. MOTION: Harris moved, seconded by Anderson, to approve the Payment of Claims Nos. 32759 - 33028. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS A. 1st Reading of Ordinance No. 8-87 Amending Sec. 5.30 of the City Code Regarding Amusement Centers City Attorney Pauly noted Mr. Frane's memo of February 10th outlining the reasons for the proposed amendment. He said the licensing of mechanical amusement devices will be con- tinued. MOTION: Anderson moved, seconded by Harris, to give 1st Reading of Ordinance No. 8-87 Amending Sec. 5.30 of the City Code Regarding Amusement Centers. Motion carried unanimously. VII. PETITIONS, REQUESTS & COMMUNICATIONS City Council Minutes -13- February 17, 1987 A. Request for Funding for Architectural Assistance from the Residents Advisory Committee on City Administrative Offices Marty Jessen of the Executive Committee for the group re- viewed the work done to date by the Citizens Committee. He said two of the subcommittees lieed technical and archi- tectural advice in order to make good recommendations. He said the cost for such consultation might be in the range of $3-4,000. He also noted he believes the community is being very well served by the members of this committee and by the help they have received from the Staff. MOTION: Bentley moved, seconded by Anderson, to authorize the expenditure of up to $5,000 for architectural and techni- cal advice to the Residents Advisory Committee on City Administrative Offices. Pidcock asked if it would be possible to get bids for such services or would that make it more difficult. Jessen said it would complicate the proceedings for the Committee and would probably not be an appropriate function for the Committee. VOTE ON THE MOTION: Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS A. Appointment of Council Representative to the Southwest Corridor Coalition Mayor Peterson referred to the letter from Richard Feerick dated February 9, 1987, and said that he would be willing to serve on the Southwest Corridor Coalition. Pidcock said that she would also be willing to serve. Anderson asked if it would be possible to have one official and one alternate representative as he believed if there are Councilmembers willing to serve, they should have the opportunity to do so. Peterson said that would be possible. MOTION: Bentley moved, seconded by Anderson, to appoint Mayor Peterson as the Council representative to the South- west Corridor Coalition and to appoint Councilmember Pidcock as alternate representative. Motion carried unanimously. Harris asked what the representation is to the group and if each jurisdiction has one vote. A discussion of the City Council Minutes -14- February 17, 1987 coalition's composition followed. Bentley noted that they are currently working on a joint powers agreement. Anderson asked if it would be possible to have two repre- sentatives. Bentley said when it becomes more formal, we will have to reappoint a representative in the specific joint powers group. B. Appointment of two members to the Firemen's Relief Associa- tion Peterson said they were originally informed that the Mayor and the City Clerk were to be appointed to the Firemen's Relief Association, but since then there has been some uncertainty. He said he would recommend continuing this appointment until further information is available. MOTION: Bentley moved, seconded by Harris, to continue this appointment until Mr. Frane has received the informa- tion necessary to determine the appointment. Motion carried unanimously. Pidcock said she would like to make sure that this item will return to the Council for the appointment process. Peterson assured her it will return to the Council. C. Board of Appeals & Adjustments - 2 Appointments (three- year terms commencing March 1, 1987) The following names were placed in nomination: Steve Long- man, Richard Lynch and Dwight Harvey. Peterson noted that Richard Lynch has served two full terms and therefore must receive 5 votes to be elected; whereas others must receive a minimum of 3 votes for election. Voting for Longman were: Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Lynch were: Anderson, Bentley and Peterson. Voting for Harvey were: Harris and Pidcock. Steve Longman was appointed to a three-year term on the Board of Appeals & Adjustments commencing March 1, 1987. A second ballot was taken for the remaining position. Voting for Lynch were: Anderson and Peterson. Voting for Harvey were: Bentley, Harris and Pidcock. Dwight Harvey was appointed to a three-year term on the Board of Appeals & Adjustments commencing March 1, 1987. City Council Minutes -15- February 17, 1987 D. Building Code Board of Appeals - 2 Appointments (1 for a three-year term commencing March 1, 1987, and 1 to fill an unexpired term to 2/28/88) The names of Brian Cluts and Mike Zachman were placed in nomination. MOTION: Bentley moved, seconded by Harris, to close the nominations and to cast a unanimous ballot for the appoint- ment of Brian Cluts for a three-year term commencing March 1, 1987, and Mike Zachman for the unexpired term on the Building Code Board of Appeals. Motion carried unanimously. E. Development Commission - 4 Appointments (2 for three-year terms commencing March 1, 1987, 1 to fill an unexpired term to 2/28/88, and 1 to fill an unexpired term to 2/28/89) Bentley said he thought it seems redundant for us to be making appointments at this time since we have not yet come to any conclusions as to what the future of the Develop- ment Commission will be. MOTION: Bentley moved, seconded by Anderson, to continue this appointment until a decision is made as to the future of the Development Commission. Pidcock said she thought it would be poor judgment to con- tinue this without a definite date to reconsider the appoint- ments because we asked the people to come in for inter- views. Peterson said he thought setting a time would force us to determine what should be done. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to set a Special Meeting for 3:00 PM on March 24th in the City Hall lunchroom for the purpose of considering the future of the Development Commission and the appointments to that commission. Motion carried unanimously. F. Flying Cloud Airport Advisory Commission of Eden Prairie - 4 Appointments: 2 Resident Representatives (1 for a three- year term commencing March 1, 1987 and 1 to fill an unex- pired term to 2/28/88), 1 Flying Cloud Businessmen's Repre- sentative (three-year term commencing March 1, 1987), and 1 Metropolitan Airports Commission Representative (three- year term commencing March 1, 1987) The names of John P. Dow, Robert Perkins and Gary Schmidt were placed in nomination for three year terms. The names of Dave Barker and Dennis Larson were placed in nomination for the unexpired term. City Council Minutes -16- February 17, 1987 Voting for Dow were: Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Perkins were: Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Schmidt were: Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Barker were: Harris and Pidcock. Voting for Larson were: Anderson, Bentley and Peterson. John P. Dow, Robert Perkins and Gary Schmidt were appointed to three-year terms commencing March 1, 1987 and Dennis Larson was appointed to fill the unexpired term on the Flying Cloud Airport Advisory Commission of Eden Prairie. G. Historical & Cultural Commission - 2 Appointments (two- year terms commencing March 1, 1987) The name of Richard Schuette was placed in nomination. Because only Mr. Schuette indicated interest in the Histori- cal & Cultural Commission, Peterson said he would include a paragraph in the letter he sends out to those who were not appointed to commissions that one of them Might wish to be considered for the Historical & Cultural Commission'. MOTION: Anderson moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appoint- ment of Richard Schuette to the Historical & Cultural Com- mission for a three-year term commencing March 1, 1987. Motion carried unanimously. H. Human Rights & Services Commission - 4 Appointments (3 for three-year terms commencing March 1, 1987, and 1 for a one- year term expiring 2/28/88) The names of Leslie Thoreson, Kent Barker, Rod Olsen and Jacquelin Tornoe were placed in nomination for the three- year terms. The names of Jacquelin Tornoe, Rod Olsen and Thomas Howden were placed in nomination for the one-year term. Voting for the three-year terms: • Voting for Thoreson were: Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Barker were: Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Olsen were: Anderson, Bentley and Peterson. Voting for Tornoe were: Harris and Pidcock. Voting for the one-year term: City Council Minutes -17- February 17, 1987 Voting for Olsen were: Harris and Pidcock. Voting for Tornoe were: Anderson and Bentley. Voting for Howden was: Peterson. Leslie Thoreson, Kent Barker and Rod Olsen were appointed to three-year terms on the Human 'Rights & Services Commis- sion commencing March 1, 1987. A second ballot was taken for the one-year term. Voting for Tornoe were: Anderson, Bentley, Harris and Pidcock. Voting for Howden was: Peterson. Jacquelin Tornoe was appointed to the one-year term on the Human Rights & Services Commission expiring 2/28/88. I. Parks, Recreation & Natural Resources Commission - 2 Appoint- ments (three-year terms commencing March 1, 1987) The following names were placed in nomination: Morris "Moe" Cook, Lorrie Heimkes, Charles Shaw and Mary Upton. Voting for Cook were: Anderson, Bentley, Harris, Pidcock and Peterson. Voting for Heimkes was: Harris. Voting for Shaw were: Anderson, Bentley and Peterson. Voting for Upton was: Pidcock. Morris "Moe" Cook and Charles Shaw were appointed to three- year terms on the Parks, Recreation & Natural Resources Commission commencing March 1, 1987. J. Planning Commission - 2 Appointments (three-year terms commencing March 1, 1987) The following names were placed in nomination: Richard E. Anderson, Annette de Lancey, George "Chip" Tangen, and Douglas Fell. Voting for Anderson were: Anderson, Bentley, Harris, Pid- cock and Peterson. Voting for de Lancey was: Pidcock. Voting for Tangen were: Bentley and Peterson. Voting for Fell were: Anderson and Harris. Richard E. Anderson was appointed to a three-year term on the Planning Commission commencing March 1, 1987. A second ballot was taken for the remaining three-year term. City Council Minutes -18- February 17, 1987 Voting for de Lancey Was: Pidcock. Voting for Tangen were: Bentley and Peterson. Voting for Fell were: Anderson and Harris. A third ballot was taken. There were no votes for de Lancey. Voting for Tangen were: Bentley and Peterson. Voting for Fell were: Anderson, Harris and Pidcock. Douglas Fell was appointed to a three-year term on the Planning Commission commencing March 1, 1987. K. Bicentennial of the U. S. Constitution - 5 Appointments The following names were placed in nominations Mark Weber, Jeanne Brandt, Thomas Howden and George "Chip" Tangen. MOTION: Anderson moved, seconded by Pidcock, to close the nominations and to cast a unanimous ballot for the appoint- ment of Mark Weber, Jeanne Brandt, Thomas Howden and "Chip" Tangen to the Bicentennial of the U. S. Constitution Committee. Motion carried unanimously. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Anderson - Set a Special Meeting to discuss sidewalks, trails and pathways Anderson said he thought it was important to have a special meeting to make some decisions regarding side- walks, trails and pathways and to take a look at alter- natives for the funding of trails. He said that the upcoming referendum will not take care of our needs. MOTION: Anderson moved, seconded by Pidcock, to set a Special Meeting to discuss sidewalks, trails and path- ways for Tuesday, March 10, 1987, at 3:00 PM in the City Hall lunchroom. Motion carried unanimously. 2. Pidcock - Offer from Hennepin Vo Tech regarding the Holasek House Pidcock said that Hennepin Vo Tech has indicated they would be delighted to build a basement for the Holasek House if they receive a formal request from us and if they would get recognition for it. She said they also offered to do painting and decorating. She said they would provide the labor and the City would provide the materials. City Council Minutes -19- February 17, 1987 Bentley asked where it would be done. Pidcock said wherever we would choose to move the house. Anderson said he thought this would be an excellent opportunity to take an historical house and preserve it at as little cost as possible. Peterson said he would want to ask the Historical & Cultural Commission to study the cost for the total package including the cost of moving the house, the land, etc. Director of Community Services Lambert said it did go back to the Historical & Cultural Commission and they have returned it. He said Staff got a quote from Ernst movers but they still don't have a location for it nor is there a positive recommendation from the Historical & Cultural Commission. Harris asked if we have land we could put it on. Lam- bert said that we have lots of land but he wasn't sure where it would be appropriate to locate it. Pidcock asked what the quote was to move it. Lambert said it would cost $20,000 plus cost for wire drops, with a minimum total cost of $30-32,000 for the move. MOTION: Harris moved, seconded by Pidcock, to thank the owner of the Holasek House for his generous offer but to tell him that the City is not in a position to accept the offer at this time. Motion carried unani- mously. Pidcock commented that she was amazed that we don't use the services at Vo Tech for such projects. Lambert said we have used Vo Tech for other projects but he had never thought of using them for basement work. Peterson noted that the Environmental Resource Committee of the Met Council will meet at 4:00 PM tomorrow and that a session will take place tomorrow noon at the Flagship to plan how the presentation will be made. City Attorney Pauly noted that the meeting is now scheduled for 3:00 PM in the Metro Square Building. Anderson asked if we are going to be prepared to make certain statements as a City at the Met Council. Peter- son said that is what the session is for, and that he was not sure when it will come before the Met Council. Pauly said it is set for next week, either the 24th or 25th. City Council Minutes -20- February 17, 1987 City Manager Jullie said the issue is whether to pro- ceed with the supplemental E.I.S., inasmuch as we have been informed that the Met Council staff will recommend that a supplemental E.I.S. not be done. Anderson asked Pauly if it was his feeling that we should continue with the E.I.S. Pauly said he thought we should continue to urge that the Met Council require a supplemental E.I.S. as it voted to do in August, 1986. Anderson expressed concern with a newsletter from home- owners along the landfill that says the City Council has taken a soft stance on the landfill. He said we should make it known that we are not in favor of the landfill. Peterson said he thought all the indications are to the contrary and that people who followed the hearings know that our stance has never been soft. A discussion followed as to how the homeowners' impres- sion of the Council stance originated and the best means of rebuttal by the Council. Bentley said he thought a letter from the Council over Mayor Peterson's signature was in order to indicate our disagreement with what was stated and clearly stating that that was not and is not the stance of this Council. B. Report of City Manager 1. Discussion on Cost Participation in the Environmental Impact Statement Process for T.H. 212 City Manager Jullie said the Southwest Corridor Coali- tion is reviewing the potential to come up with the funds necessary for the E.I.S. on the completion of the Hwy. 212 extension. He said the preliminary indications are that the participation would be in the order of $30,000 from each community and that MnDOT and the Met Council would share the balance of the cost. He said they are discussing spreading the payment over two or three years. Director of Public Works Dietz said the three communi- ties and two counties would each pay $30,000. He said he had a draft of the proposed joint powers agreement, and there will be a meeting tomorrow afternoon to dis- cuss that agreement. Bentley said he assumed that the joint powers agreement would come back to each council or each body for their input and approval before a final joint powers agreement goes into force. City Council Minutes -21- February 17, 1987 Bentley noted that the $300,000 figure for the E.I.S. seems to be fairly high considering the previous work done on this corridor. Dietz said this is an estimate prepared by MnDOT based on past experience with such studies. Bentley said one of his concerns was that MnDOT should have come forward with an offer first. He said he was concerned with cost overruns, particularly if the Met Council and MnDOT commit to paying a fixed amount for the study. Dietz said a provision was discussed that would set the maximum total local contribution at $150,000. Bentley said we probably have need of preparing an E.I.S. for the newly-designated corridor but he was not sure what the specific request is. MOTION: Pidcock moved, seconded by Harris, to state that is it the intention of the Eden Prairie City Council to participate in the funding for the E.I.S. of T.H. 212. Motion carried with Anderson opposed. 2. Orientation Process for New Board and Commission Members Pidcock asked if this would be a general orientation. City Manager Jullie referred to his memo of February 13, 1987 in which he suggested an educational/general orientation session for Tuesday evening, March 10th. He said all Commission and Board members would be in- vited. 3. Emergency Operating Plan City Manager Jullie reviewed his memo of February 13, 1987 regarding the Emergency Operating Plan and the effectiveness of the Plan during emergency situations. C. Report of City Attorney There was no report. D. Report of Director of Planning There was no report. E. Report of Director of Community Services 1. Request Authorization to Complete the Homeward Hills Park Plan City Council Minutes -22 - February 17, 1987 Director of Community Services Lambert referred to his memo of January 27th on the subject and said that several years ago the Council approved a plan for Homeward Hills Park. He said they have determined that the surcharge has done its work so that the road- way and the rest of the park ban be developed. He requested authorization to get bids and proceed with the development of the park. MOTION: Anderson moved, seconded by Harris, to author- ize the completion of Homeward Hills Park, as recommend e d by the Parks Commission and Staff. Motion carried unanimously. 2. Use of Alcohol in Parks Lambert said at its February 2nd meeting the Parks Commission reviewed a proposed concept to revise the ordinance to put some controls on the use of alcohol in some of the parks. He said they suggested that use of keg beer be limited to only those agencies obtaining a license to sell beer and that all other alcohol be limited to 3.2 beer and wine only. He said after dis- cussion with Public Safety and the City Attorney, Staf f is suggesting it be limited to beer and wine only with restrictions on kegs. Anderson said he was concerned more with where and how drinking occurs in the parks. He said he saw no prob- lem with large groups or organizations having kegs and would prefer that to bottle and can litter. He sai d we would have a pretty good handle on this by requiring that they sign up and pay a fee. Anderson expressed concern about people drinking in the parks at youth games. He said if we draft an ordinance, we have to be clear and specific as to where and how you can drink alcoholic beverages in the parks. Lambert said the current ordinance allows the Director of Community Services to designate areas that are off limits for alcohol use. He said he would like to have the new ordinance printed on the permits and that they are getting a backlog of requests. He said he felt the 'primary issue is the keg ordinance. MOTION: Bentley moved, seconded by Harris, to direct the City Attorney to draft an ordinance regarding the use of alcohol in the parks for review by the Parks Com- mission and the City Council. City Council Minutes -23- February 17, 1987 Lambert asked if the ordinance should include extend- ing the use of keg beer to anyone getting a permit to use the parks and if there should be any controls on glass containers. He said the primary problems occur with broken glass in the parkplg lots and in the spring with kids having parties. Anderson said the use by young kids is a violation of the law but he had questions regarding restricting glass. He said he thought we should try to enforce no littering in the parks. VOTE ON THE MOTION: Motion carried unanimously. 3. Officially Naming Parks Lambert referred to his memos of February 12, 1987 and December 11, 1986 regarding officially naming parks. He said there are several that were given temporary names. MOTION: Bentley moved, seconded by Harris, to accept the Staff recommendations for the official names of the parks. Anderson noted that he thought the park with the proposed name of Willow Park did not have any willows in it. Lambert said they would put some in if it doesn't have any. VOTE ON THE MOTION: Motion carried unanimously. F. Report of Director of Public Works 1. Approve Layout Plan for THVCSAH 4 Intersection (Reso-lution No. 87-42) Director of Public Works Dietz referred to his memo of February 12, 1987 summarizing the pertinent issues regarding the layout. He said there are some potential problems with signalization that he addressed in the memo. MOTION: Bentley moved, seconded by Harris, to adopt Resolution No. 87-42, CSAH 4 Layout Approval (Luther Way to Terry Pine Drive). Motion carried unanimously. XI. NEW BUSINESS There was none. City Council Minutes -24- February 17, 1987 -• XII. ADJOURNMENT MOTION: Pidcock moved, seconded by Anderson, to adjourn the meeting at 11:43 PM. Motion carried unanimously. ATTACHMENT A - TO: The Mayor and City Council City of Eden Prairie The undersigned residents of Eden Prairie respectfully petition the City of Eden Prairie to deny the request of the city staff to construct a sidewalk along Woodland Avenue adjacent to the proposed Edenvale 21st addition for the following reasons. 1) There is a strong probability that significant trees could be lost due to the construction and required fill necessary with the steep terrain next to Woodland, causing a loss of character that the street maintains becae of the bordering trees. There would be a loss of privacy for homes along the sidcwalic, eareclally the three lots which would back up to the sidewalk, lots Eventually homeowners would be paying for the additional costs and may have a lot ..eich is worth less. 3) Future expansion of the sidewalk along Woodland would possibly cause more tree, to be lost and additional loss of privacy which was no anticipated when existing hoses were purchased. 4) A 5' foot sidewalk along Woodland would not increase safety and ma/ in fact jeopardize safety because of the steep bank on one side and the closeness to the street on the other. 5) The existing sidewalk along Edenvale is adequate to get to recreation areas. The proposed sidewalk along Woodland-would be an unwarranted expense on the property owners and City of Eden Prairie. Respectfully Submitted NAME ADDRESS C-Cr '3 . I g'61 page two of the petition to deny the sidewalk on Woodland Avenue. NAME ADDRESS ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Meadow Park 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 58-86 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 heretoAnd 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 R1-11.5 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, 4nd 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: in vtheir ' entirety, by reference, as though repeated verbatim herein. ' Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 3; 1987, entered into between J B & 0, Inc., 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 20th day of January, 1987, and finally read and adopted and ordered . published at a regular meeting of the City Council of said City on the 3rd' day of March, 1987. EXHIBIT A GUIDE PLAN CHANGE AND ZONING LEGAL Tract D, Registered Land Survey No. 75, files of the Registrar of Titles, Hennepin County, Minnesota, except the west 266.10 feet thereof as measured at right angles. ALSO that part of Tract E, said REGISTERED LAND SURVEY NO. 75, lying westerly and northwesterly of the westerly and northwesterly right of way line of Homeward Hills Road. ALSO that part of the east 812.50 feet of the Northeast Quarter of Section 23, Township 116, Range 22, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the west line of said east 812.30 feet with the north line of said Tract D; thence northerly along said west line a distance of 365.00 feet; thence easterly, deflecting 93 degrees 00 minutes 00 seconds to the right, a distance of 241.00 feet; thence southeasterly, deflecting 9 degrees 30 minutes 00 seconds to the right, a distance of 1113.00 feet; thence southeasterly, deflecting 7 degrees 00 minutes 00 seconds to the right, a distance of 117.00 feet; thence southeasterly, deflecting 21 degrees 30 minutes 00 seconds to the right, a distance of 214.00 feet; thence southwesterly, deflecting 93 degrees 30 minutes 00 seconds to the right, a distance of 147.00 feet; thence southeasterly, deflecting 90 degrees 30 minutes 00 seconds to the left, to the north line of said Tract E; thence westerly along said north lines of Tracts D and E to the point of beginning. PLATTING LEGAL That part of the east 812.50 feet, as measured at right angles, of the Northeast Quarter of Section 23, Township 116 , Range 12 , Hennepin County, Minnesota, and that part of Tract E, REGISTERED LAND SURVEY NO. 731, files of the Registrar of Titles, said Hennepin County, lying westerly of the westerly line of MEADOW PARK 2ND ADDITION, according to the recorded plat thereof, said Hennepin County, TOGETHER WITH Tract D, said REGISTERED LAND SURVEY NO. 75, except the west 266.10 feet thereof, as measured at right angles. Meadow Park 3rd Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by J B & D, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Amendment from Public Open Space to Low Density Residential on 13.5 acres, Zoning District Change from the Rural District to the R1-13.5 District for 13.5 acres, and Preliminary Plat of 31.5 acres into 26 single family lots and one outlot, for construction of single family homes, 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 #58-86, 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 January 15, 1987, reviewed and approved by the City Council on January 20, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 5. 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. Prior to issuance of any grading permit upon the property, 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 replacement 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 replacement shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree replacement plan is required, Developer agrees that, prior to issuance of any building permit, to submit a bond, or letter of credit, guaranteeing completion of all tree replacement work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 6. Concurrent with street and utility construction, Developer agrees to construct, or cause to be constructed, five-foot wide, five-inch thick sidewalks along the north side of Sunnybrook Road, along the north side of the northern-most east/west street depicted as Street "C" in Exhibit B, attached hereto, and along the west side of Homeward Hills Road. Developer agrees to construct said sidewalks in accordance with the terms and conditions of Exhibit C, attacqed hereto, and made a part hereof. A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 58-86 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 58-86 was adopted and ordered p u b l i s h e d a t a r e g u l a r meeting of the City Council of the City of Eden P r a i r i e o n t h e 3 r d d a y o f M a r c h , 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCI L O F T H E C I T Y O F E D E N PRAIRIE: A. That the text of the,. summary of Ordinance ..No., 58-86, which is attached hereto, is apOroVed, and the city Council, finds that said text clearly informs the public of the intent and , e f f e c t o f - said ordinance. Meadow Park 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-43 B. That said text shall be published once in the Eden Pr a i r i e N e w s i n 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 bellade . a v a i l a b l e f o r inspection by any person during regular office hours -.at the Office of the City Clerk and a copy of the entire text of t h e O r d i n a n c e shall be posted in the City Hall. • D. That Ordinance No. 58-86 shall be recorded in the o r d i n a n c e b o o k , along with proof of publication required by parag r a p h B h e r e i n , within 20 days after said publication. ADOPTED by the City Council on March 3, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Meadow Park 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 58-86 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: LIMELIALX: This Ordinance allows rezoning of land located in the northwest quadrant of Homeward Mills Road and Sunnybrook Road from the Rural District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, Included with this Ordinance, gives the. full legal description of this property. Effective Date: This Ordinance shall take effect upon publication', ATTEST: /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.) ATTEST: &lin D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Carmel 6th and 7th Additions CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-87-PUD-1-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AM E N D I N G O R D I N A N C E # 1 - 8 4 - P U D - 1 - 84 AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AN D S E C T I O N 1 1 . 9 9 W H I C H , A M O N G OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA , O R D A I N S : Section 1. That the land which is the subject of this Ordin a n c e (hereinafter, the "land") is legally described in Exhib i t A a t t a c h e d h e r e t o a n d m a d e a part hereof. Section 2. That Ordinance #1-84-PUD-1-84 be amended by adding H t h e following: "Section 2. That the plans dated December. 30 ; 1986, reviewed and approved by the City Council February 3, 19874 for Car m e l 6 t h a n d 7th Additions shall apply. Section 3. City Code Chapter 1, entitled "General.: Provision s a n d Definitions Applicable to the .Entire City Code includin g : P e n a l t y f o r V i o l a t i o n " and Section 11.99, entitled "Violation a Misdemeanor' a r e h e r e b y a d o p t e d i n t h e i r entirety, by reference, as though repeated verbatim her e i n . Section 4. This Ordinance shall become effective from 'and .after i t s passage and publication. FIRST READ at a regular meeting of the City Council o f PIP City of Eden Prairie on February 3, 1987, and finally read and adopte d a n d : o r d e r e d p u b l i s h e d a t a regular meeting of the City Council of said City on the 3r0 day of March, 1987. _c X Li P.U.D. DISTRICT REVIEW & PRELIMINARY PLAT P.U.D. CONCEPT AMENDMENT That part of the Northwest quarter of the Northeast quarter of feztien 2. Township 116, Range 22, Hennepin County. Minnesota. y South of a line drawn from a point on the Vest line thereof, A.....lant 230 feet South from Ute Northwest corner of said North-fest quarter of Northeast quarter to a point on the East Line wf said Northwest quarter of Northeast quarter, distant 840 feet :outh from the Northeast corner thereof. Except that part des-cribed as beginning at a point in the West line of said North-west quarter of Northeast quarter distant 984.10 feet South • from Northwest corner thereof; thence East at right angles 112.97 feet; thence deflecting to the right 84 degrees 51 minutes 26 seconds a distance of 234.58 feet; thence Southwesterly along a line which if extended would intersect the west line of North-east quarter 327.55 feet South of point of beginning to a point 33 feet East measured at right angles from said West line; 1.4ence South parallel with said Vest line to the South lino of forthwest quarter of Northeast quarter; thence West 33 feet; thence North to point of beginning. The northwest Quarter of the northeast huarter of 5eCtitn 2, -township 116, Range 22, Hennepin County, illene:mia. Except that part described as beginning at 4 point in the WeSt line of said Northwest Quarter of northeast Quarter distant 394.10 feet South from northweSt corner thereof; thenre Cast at right angles 142.17 feel; thence deflecting to the right 84 degrees Si minutes 26 seconds 4 distance of 234.58 feet; thence Southwesterly along a line which if extended WOu Id ioterSet4 the Hest line of northeast Quarter 327.55 feet. South of point of beginning to a Feint 33 feet East meaSured at -right angles fren said West line; thence South parallel with said West 11-- to the South line of northwest Quarter of northeast Quarter —,41,1e WC!'it 33 feet: 'thence North to point of beginning. Also except Carmel First Addition. Carmel Second Addition. 7.4rmel Third Addition and Carmel Fourth Addition all according to the recorded plats thereof. That part of the Southwest quarter of the Northeast quarter of 7ect1on 2, Township 116, range 22, Hennepin County, Minnesota, lying North of the centerline of Rowland Road and Vest of the Nast 584.10 feet thereof. Except the West 16.5 feet thereof. \re Part of the North 130 feet of the East 584.1 feet of the South-west quarter of the Northeast quarter of Section 2, Township 116, Range 22, Hennepin County, 14innesota. CAME!. 618 & 7TH REZONINC, FROM RURAL Tr/121-13.5 That part of the northwest quarter of the northeast quarter of Cect ion 2, Township 116, Range 22, Hennepin County, Minnesota described as Co.nnoneing at the north,,st corner thereof, thence on an assumed bearing of south 1 degree 23 fret 17 inches east along the west line thereof 230' to the point of beginning of the land to he described; thence south 57 degrees 13 feet 40 inCheS east 449.1', thenco north 72 degrees 12 feet west 230.90 feet, thence north 89 degrees 44 feet west 377.66 feet to said west line, thence sutherly along said west line to the point of beginning. Carmel 6th and 7th Additions DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made an d e n t e r e d i n t o a s o f t h i s day of , 1987, by and between Hans H a g e n H o m e s , I n c . , a Minnesota corporation, hereinafter referred to as " D e v e l o p e r , " o w n e r o f t h e p r o p e r t y as described in the developer's agreement betwe e n D e v e l o p e r a n d t h e C i t y o f E d e n Prairie, a municipal corporation, hereinafter ref e r r e d t o a s " C i t y , " d a t e d M a r c h 6 , 1984; WHEREAS, Developer and City made and entered into a D e v e l o p e r ' s A g r e e m e n t , dated March 6, 1984, for the Carmel Addition (the " D e v e l o p e r ' s A g r e e m e n t " ) ; a n d , WHEREAS, the parties desire to amend said agreem e n t f o r a p o r t i o n o f t h e property referred to in said agreement, that p o r t i o n o f t h e p r o p e r t y b e i n g a s described in Exhibit A, attached hereto and made a p a r t h e r e o f ; NOW, THEREFORE, it is agreed by and between the p a r t i e s t h e r e t o a s f o l l o w s : 1. The Developer's Agreement shall be and hereby is s u p p l e m e n t e d a n d a m e n d e d i n the following respects: A. Paragraph 1. shall be amended to read as follows: Owner shall develop the property in conformance w i t h t h e r e v i s e d material dated December 30, 1986, reviewed and approved as amended by the City Council on February 3, 1987, and attached hereto as Exhibit B, subject to such changes and modifica t i o n s a s p r o v i d e d herein. B. Paragraphs 11. through 14. shall be added to read a s f o l l o w s : "11. Developer agrees to submit to the Director of Pl a n n i n g , a n d receive the Director's approval of a tree repla c e m e n t p l a n for 42 caliper inches of trees. Developer agre e s t h a t n o trees used for replacement shall be less than th r e e c a l i p e r inches in diameter and the primary tree replaceme n t s p e c i e s shall be oak. Developer shall submit a bond for th e tree replacement work, in accordance with the Tree Replace m e n t , Policy of the City, attached hereto as Exhibit C, and m a d e a part hereof. "12. Developer agrees to submit to the Director of Comm u n i t y ' . Services and receive the Director's approval of a plan indicating an area to be graded for a ten-car park i n g l o t - for the City Park north of the property. Upon approval by the Director Of Community Serv i c e s , Developer agrees to construct, Or cause to be tonStrO c t e d , those improvements shown in said plans, as approved by the Director of .Community Services, at the time of gradi n g o f the lots as depicted in Exhibit: B,, attached herete, a n d i n accordance with the terms and cOnditionsof Exhibit C o f t h e Developer's Agreement. "13. Developer agrees that the land: being platted as par k a s depicted in Exhibit'fi, attachecrhereto, shall be 'dedicatedto the City free and clear of all rmortgageS, :AtsesSMents, liens, or other encumbrances. "14. Developer agrees that the -,road Connectin:to the east, as depicted in Exhibit B, attached hereto, shall be constructed concurrent with other road imprOvements.for the subdivis i o n , in accordance with the terms:anci.conditions of:Exhibit C of the Developer's Agreement." 2. Developer agrees to all the terms and conditions and accepts the obligations of Developer under the Developer's Agreement, as amend e d : a n d s u p p l e m e n t e d herein. Carmel 6th and 7th Additions CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-53 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 2-87-PUD-1-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 2-87-PUD-1-87 was adopted and ordered publish e d a t a regular meeting of the City Council of the City of Eden Prairie on t h e 3 r d d a y o f March, 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 2-87-PUD4-87, whic h 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 offic e 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. 2-87-PUD-1-87 shall be recorded in the ordinance book, along with proof of publication required by paragraph herein, within 20 days after said publication. ADOPTED by the City Council on March 3, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk ATTEST: /s/John D. Frane City Clerk /s/Gary D.. Peterson Mayor Effective Date: This Ordinance Shall take effect upon Publication. 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.) Carmel 6th and 7th Additions CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 11101 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND'TROM O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING :THE -.LEGAL:DESCRIPTIONS:CIF LAN D IN EACH DISTRICT, AND ADOPTING BY REFERENCE -CITYCODE:CHAPTER I AND SECTION 11.99 , WHICH', AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary,: This Ordinance :allows rezoning of land located east of Thornhill Road and North of Fallbrook Road .; within the R1-13.1 :District, with 'variances, subject to the terms and Cenditions'ofAAevelopert -agreement. Exhibit A, included with this Ordinance,Aives'tht full legal description of this property. CITY OF EDEN PRAIRIE, MINNESOTA ORDINANCE NO. 5-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 5.30 WHICH RELATES TO MECHANICAL AMUSEMENT DEVICES AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 5.30, Sdbd. 1. E and Subd. 4 are deleted in their entirety. Section 2. City Code Section 5.30, Subd. 2 shall beand is amended to read as follows: Subd. 2. License Required. It is unlawful ft)±:ally person to keep or maintain a mechanical (amusement) device for use by the Pub- lic er-eperate-an-amusement-eentep, without first having obtained a license therefor from the City. An-amesemeitt7eenter-lieenie .-5hall eever-aki-meehanieal-amusement-deviees-thereinT - Section 3. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99 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 the 17th day of February , 1987,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of March 1987. ATTEST: City Clerk PUBLISHED in the Eden Prairie News on the 1987. Mayor day of CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-50 RESOLUTION APPROVING THE PRELIMINARY PLAT OF TJH PLAT FOR TJH PARTNERSHIP BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of TJH Plat for TJH Partnership, dated January 30, 198 7 , consisting of two lots into one lot on 1.6 acres, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 3rd day of March, 1987. Gary ITT, P-eterson, Mayor ATTEST: John D. Frane, City Clerk ' • tuVr'sir Tan\ ?'{ PROPOSED SITE SE. 7741 ;.; z AREA LOCATION MAP, C 4.FiEG r- , 3Ct ngr / _ PLP \ L STAFF REPORT TO: Planning Commission FROM: Scott A. Kipp, Assistant Planner TRUUGH: Chris Enger, Director of Planning DATE: February 20, 1987 PROJECT: TJH Plat LOCATION: North and west of Commonwealth Drive APPLICANT/ FEE OWNER: TJH Partnership REQUEST: Preliminary Platting of two lots into one lot on 1.6 acres and grading permit approval. Background This property is part of Area G of the Preserve Commercial Park North project approved and zoned Office in 1977 subject to a review under a design framework manual. Common- wealth Drive abuts the property on the east and south sides, with undeveloped Regional Commercial guided land uses to the north and west. In 1983, a 2-story office building project was reviewed and approved with possible expansion planned to the north. In November of 1986, Staff reviewed and approved the second phase expansion of the TJH Building in accordance with the design framework manual for Area G and City Code requirements. Con- struction began in December 1986. Preliminary Plat As part of the approval for this second phase, the proponent has submitted a preliminary plat to combine Lots 2 and 3 into one lot, removing an existing lot line which February 20., 1987 runs through the building, through the use of a condominium plat. Minnesota Stat u t e indicates that condominium platting does not require City action: since they a r e utilized within platted parcels. In this case however, the condominium plat A s being used to remove an existing lot line between Phases I & II which does require City :approvals. The City attorney is reviewing our procedures regarding condomi n i u M platting at this time. Until this review is completed, normal platting proc e d u r e s will be followed. Grading In addition to the platting, the proponent has requested grading permit :approval to modify the existing cliff condition which exists along the north property Tine ' : T h e proposal for this Area cOnsists:of:the grading Of the Bermel property at a Slo p e o f 3/1 to an elevation of apProximately-870:which:is the proposed fUture :grade:based on the Singletree Lane extension -. TheArading'above:870 will consist of :a'1/1 Slope: -until matching grade. A tree inventorynat :teen:sUbmitted by the proponent which indicates the removal of 60 :.callperinthetbf Oak tree. These caliper "Inches have been Incorporated into the landscape Amprovenientplan forthelThase II project. Mr. Don Brauer, who represents the:BermeV property; has submitted Written Approva l f o r the proposed :grading.: The Riley-Purgatory-Bluff .s..Creek Watershed District has indicated that no permit will be required from them. STAFF RECOMMENDATIONS Staff would recommend approval of the request for preliminary platting of two l o t s „ . into one lot on 1.6 acres and the grading:permWrequest_ subject to the plat S t a f f dated January 30, 1987, the grading: plan dated November 25, 1986, and the follow i n g : 1. File the final plat with Hennepin County prior to building occupancy. 2. Prior to grading permit issuance, install proper erosion control and fencing for tree protection as determined by City Staff. 3. Restore the slope immediately upon .completion of theAradjng work with an approved Highway seed mix and: in conformance---with the approved landscape plan. TJH Plat 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-56 RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT FOR CONDOMINIUM NUMBER 509, PRAIRIE BUSINESS PARK CONDOMINIUM, FIRST SUPPLEMENTAL CONDOMINIUM PLAT WHEREAS, the plat of Condominium Number 509, Prairie Business Park Condominium, First Supplemental Condominium Plat has-been submitted in a manner required for platting land under the Eden Prairie Ordinance COde and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder; and WHEREAS, said plat is in all respects consistent with the city plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for Condominium Number 509,-prairie Business Park Condominium, First SupplementalCondominiUm Plat is approved upon compliance with the Tecommendation pf:*the - City Engineer's report on this plat dated February 23, 1,987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on March 3, 1987. Gary D. Peterson, Mayor ATTEST SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON PRELIMINARY AND FINAL PLAT TO: THROUGH: FROM: DATE: SUBJECT: Mayor and City Council Members Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works David L. Olson, Senior Engineering Technician (dic,-eq)01P February 23, 1987 PRAIRIE BUSINESS PARK CONDOMINIUM FIRST SUPPLEMENTAL CONDOMINIUM PLAT PROPOSAL: The Developers, TJH Partnership, have requested C i t y C o u n c i l approval of the Preliminary Plat and First Supp l e m e n t a l Condominium Plat for Prairie Business Park Con d o m i n i u m . T h i s request will replat Lots 2 and 3, Block 1, The P r e s e r v e Commercial Park North into one lot. The new lo t w i l l c o n t a i n a 1-1/2 story building for condominium office u s e . T h i s request is presented to the City Council in the f o r m a t prescribed for final platting to provide author i z a t i o n f o r t h e removal of a lot line and the combination of Lot s 2 a n d 3 . The site is located West of Commonwealth Drive a n d N o r t h o f Prairie Center Drive in the South 1/2 of Sectio n 1 4 . HISTORY: The preliminary plat request was approved by the Planning Commission on February 23, 1987. City Council a p p r o v a l o f t h e preliminary plat has been requested in conjunct i o n w i t h r e v i e w of the final plat scheduled for March 3, 1987. Zoning to office was approved by the Council in 1 9 7 7 concurrent with the Preserve Area G PUD submitta l . VARIANCES: All variance requests must be processed through t h e B o a r d o f Appeals. (111"" "MEETS: All municipal utilities and streets necessary t o s e r v e this site have been installed. All on-site impr o v e m e n t s w i l l be owned and maintained by the Property Owners A s s o c i a t i o n . BONDING: Bonding shall conform to City Code requirement s . RECOMMENDATIONS: Recommend approval of Condominium Number 509, P r a i r i e Usiness Park Condominium, First Supplemental C o n d o m i n i u m P a r k subject to the requirements of this report, th e P l a n n i n g S t a f f report dated February 20, 1987, and the follow i n g : 1. Receipt of engineering fee in the amount of $250.00. - MEMO - February 25, 1987 TO: Gene Dietz FROM: Gene Schurman RE: DEED PART OF LOTS 1, 2, 3, 4 & 5 Upon recording of an assessment agreement at the Hennepiii:COuntOorrens Department it became known that the City of Eden Prattiestill wat:owner of part of the above described lots because of a re-alignmentOf:the north end of West Riverview Drive as it was re-plated. The recommendation by the Torrens Department to deed the property to the owners of the remaining portion of said lots is the course'of action I ami recommending. Rick Rosow indicated that nothing more than the consent .calander was necessary as the City Council had already approved the final plat. The Quit Claim Deed prepared for signature has been approvecrby:the Torrens Department and will be recorded as soon as the needed signature's have been applied. GS:ss 1 50. 5 5 0 I I O . O . € : 20 0 r o J: o JJJ J» o Jr JJ r r: tv 1 rriltj-rJJ . rftiir 5 RIVER V LE W ROAD - JS 4 0 . I 33 NW CORNER OF NE 1/4 OF SEC. 35 TII6, R22 (HENN. CO . MON.) lo ' JLM 40 FEET EAST OF NW COR.0: it : ON SEC. LINE (NOT FOUND) BLUFFS • -t II ot: -_ 100 1 A (.1 • JIM NOT FOUND 00 _J >z uo- ocn cJic; W— 0 tO n o-ci ti) WW \ 6 6.1 Z Lao w ta u zo 2 0 of-< oo o - z 0 -az :37,0 -u I0 25 25 0 0 Ati 0 q _ '41 I 50 • r ' • ••265 18 283.... ft% S8 3;23'4- 6jE 2 !82. 38 22 0 o o 1:66.38 • •4* A.9°45'05" (._ ) ) I / ibeLd'i 94F, s te( ions No 31.11A -QUIT CLAIM OSLO Corpoonlon or Pamo4tO ! ,to Corporation or Partnership NIRmosolAllwlIonn Co a. RI*Alts 9/S) kRa.. Cc. M.o.* No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: 19 (reserved for recording data) FOR VALUABLE CONSIDERATION The City of Eden Prairie a municipal corporationunder the laws of /1i nnesota , Grantor, hereby conveys and quitclaims to Argus Development Inc. Grantee, corooration under the laws of M) nneso ta , real property in Hennepin County, Minnesota, described as follows: That part of Lots 1, 2, 3, 4 and 5, Block 1, Bluffs West Fifth Addition embraced within Tract F, RLS No. 600 as described in Certificate 0691747, Files of Registrar of Titles, County of Hennepin. more sone os needed, continuo on bock together with all hereditaments and appurtenances belonging thereto. j By Its NIAVOr By Its Manager STATE OF MINNESOTA COUNTY OF Mennepiu day of 1987 and Carl J. Jullie The foregoing was acknowledged before me this by Gary 0. Peterson the Mayor of the City of F4PI1 Prairie under the laws of Minnesota NOTARIAL STAMP OR SEAL KIR OTHER TITLE OR RANK) THIS INSTRUMENT WAS DRAFTED SY (NANIE AND ADDRESS). Eugene E. Schurcian City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 and Manager I ro,,ntripat coniv,ration , on behalf of the I-Paw-trot inn SIGNATURE OP PPROON POPOV) ACKNOWLEDOMPNT Tax S townie." tar Po tool promo , potothod at WI tooronoot mauls b. urn to (Include nano. tad *Odom ox ammo: Argus Development Inc. 18133 Cedar Avenue South Farmington, I4N 55024 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-51 RESOLUTION RECEIVING FEASIBILITY REPORT AND SETTING PUBLIC HEARING WHEREAS, a report has been given by the City Engineer to the City Council recommending the following improvements to wit: I.C. 52-104, Prairie View Drive, Street and Utility Improvements NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY. COUNCIL: 1. The Council will consider the afteesaid improvements • 'atcOrdance with the report and the assessment of4roperty abutting or within said boundaries for all or a portion of. the Cott of the improvement pursuant to M.S.A. Section 429.011to-429.1Th et an estimated total Cost of the improvements as shown. 2. A public hearing shall be held on such proposed improvement onApril 21, 1987 at 7:30 P.M. at the Eden Prairie City ,.Hall.,7G00 Executive Drive. The City Clerk shall give published and mailed -notice of such hearing on the improvements as required by law. ADOPTED by the Eden Prairie City Council on March 3, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-57 A RESOLUTION SUPPORTING APPROVAL OF THE HENNEPIN COUNTY FEDERAL AID URBAN (F.A.U.) PROJECT SUBMITTAL FOR PROJECTS WITHIN THE CITY OF EDEN PRAIRIE FOR 1989 THROUGH 1991 WHEREAS, the City Council of the City of Eden Prairie is the official governing body of the City of Eden Prairie; and, WHEREAS, the City Council encourages and participates in improvements to obtain adequate transportation facilities in the metropolitan area; and, WHEREAS, the Hennepin County Department of Transportation application for F.A.U. funding during the time period shown above includes the following projects within the City of Eden Prairie; and, WHEREAS, the City Council has determined that these projects are warranted and desirable for improvement through the Federal Aid Urban Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE that the Transportation Advisory Board, the Metropolitan Council, and other boards and commissions associated therewith are hereby advised that the City of Eden Prairie concurs with and supports the Hennepin County F.A.U. project applications for the following projects within the City of Eden Prairie for the time period 1989 through 1991. County Project 6312; CSAH 62 (W. 62nd St.) "Roadway Construction" from West of CSAH 4 to CSAH 60 including grading, surfacing, bridges, and traffic control signals County Project 7419; CSAH 62 (Townline Road) "Roadway Construction" from TH 101 to West of CSAH 4 including grading, surfacing, and traffic control signals County Project 8707; CSAH 4 (Eden Prairie Road) "Bikeway - Walkway" from Valley View Road to W. 62nd Street including grading, surfacing and bridge. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to forward a certified copy of this resolution to James M. Wold, Chief Transportation Planning Division, Hennepin County Department of Transportation, 320 Washington Avenue South, Hopkins, Minnesota 55343. Passed and adopted this 3RD day of March, 1987. Mayor ATTEST: City Clerk EDEN PRAIRIE, MINNESOTA WATER WORKS IMPROVEMENTS CITY PROJECT NO. 52-072A CONTRACT NO. 1 WATER TREATMENT PLANT IMPROVEMENTS CHANGE ORDER NO. 1 I. SCOPE. This Change Order No. 1 will adjust the Contract price to account for the additional reinforcing steel required in the west footing of the secondary basin, the additional work required of the Contractor to prepare the existing construction joints for connection to new work, the removal of an existing concrete stub vall and reinforcing dowels, and the actual amount of overexcavation and compacted backfill required under the structural foundations. II. CHANGE ORDER ITEMS. A. SECONDARY BASIN FOOTING REINFORCING STEEL. In Section 1 on Sheet 27, the note at the column line 7A at the footing should have read "For reinf. not shown, see Section 3 on Sheet 27" not "Section 2 on Sheet 27". As a result the top reinforcing steel in the west secondary basin footing was changed from No. 7 bars at 6 inch spacings (similar to Section 2 on Sheet 27) to No. 9 bars at 6 inch spacings (similar to Section 3 on Sheet 27). B. OVEREXCAVATION AND BACKFILL. Section 2A-10 and the Bid Form provide for an allowance of 2400 cubic yards of unsuitable reservoir foundation material to be removed and replaced. A total of 578 cubic yards was removed and replaced at the reservoir, filter stair tower, and secondary basin. The remaining 1822 cubic yards of this allowance shall be deducted from the contract price in accordance with the contract documents at the unit adjustment price of $15.00 per cubic yard which was submitted with the Contractors's bid. C. EXISTING CONCRETE CONSTRUCTION JOINTS. At the existing construction joints, where new construction connected to the existing building, bulkhead and keyway forms were removed, and the waterstops were extended as required to accommodate the new construction. This work was not included under the scope of the contract. A2AH01307 C01-1 041 A2AH01307 041 C01-2 D. EXISTING STUB WALL. An existing concrete stub wall and reinforcing dowels extending into the new basin pipe gallery near column line H were no longer required for future construction and shall be removed. The damaged area shall be grouted and finished flush with the existing wall surface. This work was not included under the scope of the contract. III. CHANGE IN CONTRACT AMOUNT. Adjustments to the Contract price resulting from the aforementioned Items shall be the following negotiated lump sum prices or bid unit adjustment prices: Item Amount A. Additional Secondary basin footing reinforcing steel B. Adjustment in amount of actual overexcavation and backfill required (1822 cu yds x $15.00 per cu yd) C. Existing concrete construction joint modifications and preparation D. Existing stub wall removal Total-Change Order No. 1 $ 1,669.00 (27,330.00) 4,42840 1,892.00 $(19,341.00) The net change to the Contract price is summarized as follows: Current Contract Price $ 5,017,000.00 Change Order No. 1 (19,341.00) New Contract Price $ 4,997,659.00 IV. ACCEPTANCE. The changes and conditions set forth in this Change Order No. 1 are hereby accepted. All other provisions of the Contract, including Contract time, remain unchanged. SHAW-LUNDQUIST ASSOCIATES, INC. (Contractor) By CITY OF EDEN PRAIRIE, MINNESOTA (Owner) By Date Date A2AH01307 C01-3 041 SOUTHWESTMETRO 7600 Executive Drive Eden Prairie ; MN 55344 (612) 934-7928 Commission Members: Patricia Pidcock Gary Peterson Bob LindaII Tom Hamilton Dale Geving Gayle Kincannon TO: Mayor and City Councils FROM: Beverley Miller. SW Metro Transit Administrator SUBJECT: Southwest Metro Transit Commission Term of Office The Southwest Metro Transit Commission was established under a joint powers agreement between the cities of Chaska. Chanhassen and Eden Prairie. The Commission consists of six commissioners: each City appointing two representatives. The purpose of this memorandum is to notify each City of their representatives term of office. City of Chanhassen Dale Geving Tom Hamilton City of Chaska Bob Lindell Gayle Kincannon City of Eden Prairie Gary Peterson Patricia Pidcock Term Expires 12/31/89 12/31/88 12/31/87 12/31/89 12/31/88 12/31/87 Attendance by a quorum of the board is necessary for conducting a meeting of the Board. Several representatives have not been attending meetings and the board has not been able to conduct its business. I am asking each City to consult with its representatives to affirm their commitment to serve as a representative to the Southwest Metro Transit Commission. February 23, 1g87 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-55 RESOLUTION APPROVING THE PRELIMINARY PLAT OF DEER CREEK 2ND ADDITION FO R THOMAS M. CARMODY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Deer Creek 2nd Addition for Thomas M. C a r m o d y , d a t e d January 22, 1987, consisting of 12.6 acres into 31 single family lo t s , o n e o u t l o t , and road right-of-way, a copy of which is on file at the City Hall, i s f o u n d t o 1 3 0 in conformance with the provisions of the Eden Prairie Zoning 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 3rd day of March, 1987 . Gary D. Aiterson, Mayor ATTEST: John D. Frane, CitY—CTirk February 3, 1987 Eden Prairie Planning Commission City Mall 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Regarding the notice of public hearing scheduled Monday, February 9, 1987 for Deer Creek Second, we wish to submit our comments and concerns. We live at 3574 Morgan Lane and our lot abuts the swam opposite the proposed development. Our first concern is for the two lines of mature pine trees on the edge of the swamp. The plan on file at City Hall indicates a substantial portion of this stand of pines will be removed to make grading changes. We urge you to take action to prevent this. These pines are a benefit to the entire neighborhood due to their size and the view they provide -- an incredible asset to a young neighborhood with few trees of comparable size. Could not grading changes incorporate all these trees and preserve their beauty intact? Any suggested replace- ment of these trees just can't compare to the beauty of this stand of pines. A second concern regards the need for backfill near these same trees. We, and our neighbor, lost seven comparable pines last summer due to backfill used when our homes were built (according to the man who pulled them out). We are suggesting that whatever grading and backfill required be done under qualified forestry supervision to preserve the trees and insure their continued health. Thank you for consideration of our concerns. We look forward to attending your hearing on this matter Monday. Very truly yours, ,pttiAzio, a. tiottaa wutirar Patricia A. and David W. Montgomery STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner WOUGH: Chris Enger, Director of Planning DATE: February 6, 1987 PROJECT: Deer Creek 2nd Addition LOCATION: West of Anderson Lakes Parkway, east of Carmod y D r i v e . APPLICANT/ FEE OWNER: Thomas Carmody REQUEST: 1. Planned Unit Development Concept Amendment on 8 0 a c r e s . 2. Planned Unit Development District Review on 8 0 a c r e s , w i t h variances. 3. Zoning District Change from Rural to RI-9.5 on 1 0 . 5 a c r e s . 4. Preliminary Plat of 12.6 acres into 31 single f a m i l y l o t s , one outlot, and road right-of-way. Background This project is located to the east : of the Deercreek 1st Addition, currently zoned R1-13.5, and : developed with single family homes. 3, Surrounding properties include Park- way Apartments, zoned RM-2.5, and guided for Medium Density Res- idential to the north; Ridgewood West, zoned R1-13.5, and guided for Medium Density Residential to the south; and, vacant property to the east of Anderson Lakes Parkway also guided for Medium Density Res- idential. The proposed project con- sists of approximately 10.5 acres currently zoned Rural and guided for Medium Density Residential. This site is part of the original Deer Creek Planned Unit Development (Pun) which was preliminary approved in 1980 and consisted of ap- proximately 80 acres with a first phase rezoring of 14 acres for 152 AREA LOCATION MAP , Deer Creek 2nd Addition 2 February 6, 1987 quad units. This project was withdrawn in 1981. The Deer C r e e k 1 s t A d d i t i o n w a s approved in 1982 and had a rezoning to R1-13.5 with varianc e s g r a n t e d t h r o u g h t h e PhD process for approximately 20 acres on 64 lots. As part of t h e a p p r o v a l p r o c e s s , a sketch drawing was done depicting the possible development o f t h e r e m a i n d e r o f t h e site which is consistent with the current proposal. (See Atta c h m e n t A ) The proponent is requesting a PhD Concept Amendment and Distr i c t R e v i e w a n d a Z o n i n g District Change from Rural to R1-9.5 to allow for the dev e l o p m e n t o f 3 1 s i n g l e family homes. Site Plan/Preliminary Plat The current proposal consists of approximately 10.5 acres w i t h t h e d e v e l o p m e n t o f a total of 31 lots. This allows for a density of approximat e l y 2 . 9 5 u n i t s p e r a c r e which is consistent with the Medium Density guide plan des i g n a t i o n a n d s u r r o u n d i n g land uses. The proponent is requesting a zoning district c h a n g e f r o m R u r a l t o R 1 - 9.5 to allow for smaller lot sizes. The minimum lot req u i r e m e n t s i n t h e R 1 - 9 . 5 zoning district include a lot size of 9,500 square feet wi t h a m i n i m u m w i d t h o f 7 0 feet and a depth of 100 feet. Lot sizes in the Deer Creek 2 n d A d d i t i o n r a n g e f r o m a minimum of 8,050 square feet to a maximum of 24,948 square f e e t a d j a c e n t t o A n d e r s o n Lakes Parkway, with the average being approximately 11,300 s q u a r e f e e t . As part of the Pun review process, a number of variances are being requeste d t o allow for the development of this parcel. Of the 31 lots, e i g h t l o t s r e q u i r e l o t frontage variances, and twelve lots require lot size varia n c e s . O f t h e e i g h t l o t s which require lot frontage variances, seven exist along cur v e s w i t h i n t h e p r o p o s e d subdivision and average approximately 59 feet in width and o n e i s a c o r n e r l o t w h i c h requires a minimum of 90 feet (Block 2, Lot 6). All l o t s m e e t t h e m i n i m u m requirement of 70 feet at the building setback line; howev e r , S t a f f i s c o n c e r n e d about the building area for Block 2, Lots 5 and 6, bas e d o n m i n i m u m s e t b a c k s (Attachment 8). Prior to Council review, proponent shall pr o v i d e s p e c i f i c b u i l d i n g plans for these lots which meet the appropriate building set b a c k s . I f t h e p r o p o n e n t is unable to do so, Staff would recommend the removal of o n e l o t . O f t h e t w e l v e lots which require lot size variances, the average is appr o x i m a t e l y 8 , 8 0 0 s q u a r e feet. Average lot sizes within Deer Creek Phase I, range fr o m 7 , 2 0 0 s q u a r e f e e t t o approximately 9,100 square feet. The development of lot size s w i t h i n t h e D e e r C r e e k Second Addition would be consistent. All other lots meet th e m i n i m u m r e q u i r e m e n t s of the R1-9.5 zoning district. The preliminary plat depicts a total of 31 single family l o t s b e i n g d e v e l o p e d i n this area with roadway dedication for Carmody Drive, Sarat o g a L a n e , a n d A n d e r s o n Lakes Parkway. To the east of Anderson Lakes Parkway is a n o u t l o t c o n t a i n i n g approximately 2.1 acres which is not proposed for developme n t a t t h i s t i m e . S t a f f would recommend that the proponent consider combining the r e m n a n t o u t l o t w i t h t h e adjacent parcel, which is currently under common ownership f o r d e v e l o p m e n t a t s o m e future date. Access Access to the site will be by the extension of Carmody D r i v e a n d S a r a t o g a L a n e . There are existing curb cuts along Anderson Lakes Parkway f o r a c c e s s i n t o t h i s s i t e and to the outlot to the east of Anderson Lakes Park w a y . F o r t h e e f f i c i e n t development of this property in terms of lotting configurat i o n , t h e s e a c c e s s p o i n t s will have to be relocated approximately 100 feet to the so u t h o f t h e e x i s t i n g c u r b Deer Creek 2nd Addition 3 February 6, 1987 cuts. This has been discussed with the Engineering Department and h a s b e e n d e e m e d acceptable providing that the proponent relocate these access point s a t h i s e x p e n s e , including utilities, and that there be sufficient sight distanc e a l o n g A n d e r s o n Lakes Parkway to provide for safe intersections. Grading There is an existing high point at an elevation of 878.3.along the s o u t h e r n p r o p e r t y line in the center of this site and a low wetland area located i n t h e n o r t h w e s t corner of the site. The proposed grading on the site is primarily t o a l l o w f o r t h e construction of building pads and street extensions. Cut and f i l l o n t h i s s i t e ranges from a maximum cut of approximately six feet adjacent to th e h i g h p o i n t a l o n g the southern property line and a maximum fill of approximately s i x f e e t i n a l o w area also located along the southern property line and adjacent t o t h e w e t l a n d a r e a in the northwest corner. Based on plans submitted by the proponent, there are approximat e l y 7 3 e v e r g r e e n s ranging to a height of approximately 30 feet and 155 caliper inche s o f u n i d e n t i f i e d trees located in the northwest corner of the site along the wetlan d a r e a . O f t h e 7 3 evergreen and 8 other trees, approximately 30 of the trees would b e r e m o v e d d u e t o grading in this area. These trees would be subject to the tree re p l a c e m e n t p o l i c y . Staff would recommend that the proponent explore the possibilit y o f l o w e r i n g t h e road grade of Saratoga Lane which may allow for less grading to o c c u r . I f t h i s i s not possible, the proponent will be required to replace a tot a l o f 2 5 7 c a l i p e r inches of trees. A tree replacement plan will be required prior t o C o u n c i l r e v i e w . Utilities Sanitary sewer and water services are available to this site w i t h c o n n e c t i o n s provided in Carmody Drive and Anderson Lakes Parkway. Extensi o n s w i l l b e m a d e through Carmody Drive and Saratoga Lane to provide utility servi c e s t o t h e e n t i r e site. There is a catch basin system located within Sarat o g a L a n e a n d t h e intersection of Anderson Lakes Parkway and Carmody Drive whic h i s d e s i g n e d t o collect storm water run-off from of this project. As part of the r e l o c a t i o n o f t h e proposed curb cuts into the site, the proponent will also be req u i r e d t o r e l o c a t e the utility services from the current location to the proposed loc a t i o n . Architectural Control Because of the request for rezoning to R1-9.5, this developm e n t i s s u b j e c t t o architectural control and review. This means that no units wi t h i n t w o u n i t s o n either side, across, or diagonally across, shall be of the same u n i t t y p e . A l s o , for projects with small lots, a large number of garages usual l y f r o n t o n t o t h e street. Staff is recommending that for every fourth unit, th e g a r a g e s h a l l b e located so as not to front on any proposed street. Prior to building permit issuance on any lot, the developer s h a l l p r o v i d e t h e Planning Department with an overall development plan using t h e p l a t o f t h e development to indicate the particular unit type or array of un i t s w h i c h c o u l d b e built on each lot and a front elevation of each unit type key e d t o t h e o v e r a l l development plan. 4 Deer Creek 2nd Addition February 6, 1987 Pedestrian Systems There is an existing five-foot concrete sidewalk along th e n o r t h s i d e o f C a r m o d y Drive which shall be extended from its current terminus t h r o u g h t h e p r o j e c t s i t e with the connection to an eight-foot bituminous trail along An d e r s o n L a k e s P a r k w a y . STAFF RECOMIENDATIONS Staff would recomnend approval of the request for Planned U n i t D e v e l o p m e n t C o n c e p t Amendment Review, Planned Unit Development District R e v i e w w i t h v a r i a n c e s , a n d Zoning District Change from Rural to R1-9.5 on 10.5 acre s , b a s e d o n p l a n s d a t e d January 22, 1987, subject to the recommendations of the Sta f f R e p o r t , d a t e d F e b r u a r y 6, 1987, and subject to the following reconmedations: 1. Prior to Council review, proponent shall: A. Study the alternatives for lowering the grade of Saratoga L a n e t o allow for a reduction in grading on this site. B. Submit a revised site plan which depicts a five-foot c o n c r e t e sidewalk along the north side of Carmody Lane along w i t h t h e appropriate connection to Anderson Lakes Parkway. C. If the alternative for lowering Saratoga Lane is not p o s s i b l e , submit a tree replacement plan which depicts a total of 25 7 c a l i p e r Inches of trees to be relocated throughout the site. D. Submit specific building plans for Block 2, Lots 5 and 6, whi c h s h o w building placement meeting the minimum Code requirements. E. Provide information regarding the species of trees whic h a r e n o t designated on the current plan for possible tree repl a c e m e n t calculations. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control p l a n s f o r review by the Watershed District. B. Submit detailed storm water run-off, erosion control an d u t i l i t y plans for review by the City Engineer. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Notify the City and Watershed District at least 48 hours in a d v a n c e of grading. C. Submit an architectural variety housing plan for the s i t e i n accordance with City policy that no two units be alike, s i d e b y side, opposite, or diagonally across from each other. D. Stake the proposed grading limits with a snow fence. Any t r e e s l o s t outside of the grading area shall be replaced on an are a i n c h p e r area inch basis. 1--,..",••••n•••n • so . „. duo)ri), Opplb-J 1.• 1- .1i -.1 - po,d .1 • - 4p.gqiEblio.1511p1410.1iR 817657( ATTACHMENT A (-) DEER CREEK 1ST ADDITION UNIT TYPE LAYOUT with PHASE TWO 70.00 7/1 (//763) ATTACHMENT B ADOPTED by the Eden Prairie City Council on March 3, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk VAC-87-01 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-49 VACATION OF A DRAINAGE EASEMENT ON OUTLOT G, EDENVALE INDUSTRIAL PARK WHEREAS, the City of Eden Prairie has a certain drainage easement desc r i b e d a s follows: A drainage easement according to Document No. 3937593 on file, in the office of the County Recorder described therein as follows: ' A 40 foot drainage easement over Outlot G, Edenvale Industrial Park, Hennepin County, Minnesota, the centerline being described as follows Beginning at .a point on the south line bf taidOutlot:G distant, 445 feet, as measured along the said south line of Outiot G, East of the. southwest corner of said Outlot thence noetheasterly.to a point on the northerly line of said Outlot G, said point being ?60 feet as measured along said northerly line, westerly Of the most easterly corner of said Outlot G and there terminating. The extremities of the above easement are shortened.or extended to intersect the northerly and southerly lines of said -.Outlot G. WHEREAS, a public hearing was held on March 3, 1987 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said easement is not necessary A n d has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follow s .: 1. Said drainage easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. TO: Mayor Peterson and City Council Membe r s FROM: Eugene A. Dietz, Director of Public W o r k s DATE: February 25, 1987 RE: Vacation of Easement Outlot G, Edenvale Industrial Park The agenda includes a public hearing f o r V a c a t i o n - r . o f ' a n e a s e m e n t t h r o u g h . . pUtlot G of the Edenvale :Indust:dal P a r k . D u t l o t ' G i s l o c a t e d a t t h e northeast corner of TH 5 and Martin D r i v e : T h e e x i s t i n g e a s e m e n t c m h a i h r n s ditch that Conveys stcieniViater'frolkt h e s o u t h o f T H 5 n o r t h e r l y t o w a r t T h e ! Edenvale Golf Course. The purpose for vacating the easeme n t i s t o a l l o w a r e c o n s t r u c t i o n 0 1 t h e existing ditch. 1-ii .conjuntion with the TH 5 -improvements as propose& MnDOT, a storm water Aetention pond' w i l l b e c o n s t r u c t e d a t t h e n o r t h a e a d corner of Martin and TH 5. The drainag e d i t c h w i l l b e r e l o c a t e d b y M N I M E b u n a newly created easement. -.MnDOT has been coordinating this w o r k e f f o r t w i t h t h e ) 1 1 n e e s o f t h e F o g e r t y (Equitable Life) and all parties are in a g r e e m e n t c c i n c e r n i n g t h e r e l l e z m O m m the ditch, vacation of existing easeme n t a n d c r e a t i o n o f - t h e n e w A r m i m e g e r m e t : utility easement for the project. Ther e f o r e , S t a f f : r e c o m m e n d s a d o p t h m m f f . t h e resolution vacating the existing drain a g e a n d u t i l i t y e a s e m e n t . I w r i i k l l h e available at the Council meeting to an s w e r a d d i t i o n a l q u e s t i o n s y o u o o n y h e m e - EAD:ss LOT;7;2.BII /811111111110/11Mallnlit,1 41."..VatugsL,' 1-4"- • • - 223 CITY OF EDEN PRAIRIE ap.”4.-41r.v. im14,014 11.9‘960.14 9911,466 1462.Xr OWL 5k 1P679/) 16441k 14Wrif,, MIMI WU. 72111;99 .11...44.4 RI 421 282.31e sts•aitc 1024230 271.19 • 16%.40.1„, 11234241 230.00, 21111.4111,51., 12442511' 216.65, 357.05,114. 523424 595.20, 212.43,05„ 621427* 10.02, 140.31,14. 821 -5411 151.55, 216.43,06,„ 6284211 210.01 16/1.21,14,. 621470 167.22 31e 43 as 130431 A 1.14'53 a e tasaap4 C 254.82'ca zal'asymi 161 432 MAO, LaV10,1111/4, 106-6994 154476 4 -..-‘• C. 611.77k44 Witil 11114731 16415. 073154757 ' ic‘oo, 35i4- :- 67374716 1111.69 111.21:011; • 117344701 153.24 596 SS 66 6443$ 415.11' 114•011 .30 • 1179-640 4 3.04'07 a i s0c ca.oecuitaNaleafk 640441 621.00, 204.011,10 1541 46 67.59 266 43 50* * 04 LOT LIM - EDENVALE OUTIM C I N IN CO. CAST IRON wet. AT 1/4 OIL ON PARCCI. IS --- ant mama 7.0.5 2576.0' Ine43 .11/It Acowsmom LIII- k 10.00' 219°011'30. TRUNK - HWY. 0' I15' r•-• RN EMT ING_T.Ii!". I >PARCEL 2202715 RA/ I i• 4(0"- -11V- 6001110641. MOM MOROI. 01 P1111:91. 2 2 0 F1011127 TO WE *It 9211 TO SU AS 910411 NW 1/4- NE1/4 00'1 MARCH 3,1987 29112 32257 2443 32689 32898 32915 32919 32938 32942 33029 33030 33031 33032 33033 33034 VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK _VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK SPIRIT COACHES BUS SERVICE FOR SKI TRIP-COMMUNITY CENTER ADVANCED LEGAL EDUCATION CONFERENCE-CITY MANAGER NORTHWESTERN BELL TELEPHONE CO SERVICE VOID OUT CHECK VOID OUT CHECK MPLS AREA CHAPTER -FILM RENTAL/BASIC RESCUE & WATER SAFETY BOOKS-COMMUNITY CENTER LAND-HOMEWARD HILLS ROAD SERVICE SERVICE SERVICE SERVICE VOLLEYBALL OFFICIAL/FEES PD 1987 DUES-FIRE DEPT MOTOR VEHICLE REGISTRATIONS TOOL CHESTS-SEWER DEPT RADIO REPAIRS-EQUIPMENT MAINTENANCE OFFICE SUPPLIES-WATER DEPT -TOOL BOXES/CABLE ENDS/BRUSHES/WRENCHES/ -ANTIFREEZE-EQUIPMENT MAINTENANCE & SEWER DEPT -PAINT BRUSHES/GLUE/ENGRAVERS/STORAGE -CABINET/GREASE PENCILS/SMOKE DETECTOR/ -SCREWS/PADLOCK/WIRE/BULBS/FLASHLIGHT/ BOLTS/KEYS COPIED/BATTERIES/HOOKS/SOAP ALBUMS-COMMUNITY CENTER ENTERTAINMENT FOR SKATING PARTING/FEES PD BUS SERVICE FOR SKI TRIP-COMMUNITY CENTER POSTAGE-ELECTIONS SERVICE PAYROLL 2-6-87 ENTERTAINMENT-HISTORICAL CULTURE/FEES PD -HALF COST OF MASTERS CLASS FOR HIGH SCHOOL DRAMA CLASS/FEES PD SERVICE SERVICE SERVICE SERVICE REFUND-SKI TRIP REFUND-SKATING LESSONS REFUND-FOR KIDS ONLY CLASS REFUND-SKI TRIP REFUND-SKI TRIP REFUND-SWIMMING LESSONS MUSEUM TRIP-KIDS KORNER/FEES PD DONATION FROM HAZEL JORDON LIBRARY FUND 53.05- 42.00- 20.00- 10.00- 403.10- 37.50- 10.66- 126.15- 251.75- 592.00 130.00 3129.85 0.00 0.00 53.05 600.00 58.62 3586.47 4782.31 376.81 20.00 50.00 23.25 126.15 403.10 10.66 251.70 192.89 50.00 235.00 275.00 178.47 17453.30 1763.13 350.00 37.50 94.10 1155.94 164.16 835.69 3.50 5.20 2.00 8.00 8.00 15.75 30.75 1776.00 33035 FRANK A LORRAYN JENSEN 33036 AT & T COMMUNICATIONS 33037 MINNESOTA GAS CO 33038 NORTHERN STATES POWER CO 33039 NORTHWESTERN BELL TELEPHONE CO 33040 LYNNETTE WEISGRAM 33041 MN RESCUE & FIRST AID ASSN 33042 MN DEPT OF P/S 33043 M & I INDUSTRIAL SUPPLY INC 33044 GENERAL COMMUNICATIONS INC 33045 JM OFFICE PRODUCTS INC '3046 MIKE MARUSHIN 33047 KARULF HARDWARE INC 33048 HOWARD S WALSTEIN 33049 TOTAL ENTERTAINMENT INC 33050 CONSOLIDATED COACHES 33051 HOPKINS POSTMASTER 33052 NORTHERN STATES POWER CO 33053 CITY-COUNTY CREDIT UNION 33054 INDEPENDENT SCHOOL DIST #272 33055 INDEPENDENT SCHOOL DIST #272 33056 AT & T INFORMATION SYSTEMS 33057 AT & T INFORMATION SYSTEMS 33058 AT & T COMMUNICATIONS 33059 NORTHWESTERN BELL TELEPHONE CO 33060 AARON CABA 33061 KEVIN DELIE 33062 JACK MCCANN 33063 AMY MACDONALD 33064 SARAH MJOLSNESS 33065 CALEB SMITH OSMUNDSON 166 BELL MUSEUM OF NATURAL HISTORY ,J067 HENNEPIN PARKS FOUNDATION 3787414 33068 13069 I( A370 J3071 33072 33073 33074 33075 33076 33077 33078 33079 33080 33081 33082 33083 33084 33085 33086 33087 33088 33089 33090 33091 33092 "1 093 ,094 33095 33096 33097 33098 33099 33100 33101 MARCH 3,1987 CONSOLIDATED COACHES HOPKINS POSTMASTER CITICORP INDUSTRIAL CREDIT MN POLLUTION CONTROL AGENCY ATI DISTRIBUTING CO UNIVERSITY OF MINNESOTA BECKY SCHUMACHER PAUL SPENCER VOID OUT CHECK SHANNON CLOW DANIELLE GERNES JEFF JOHNSON MICHAEL REMINGTON RAY & GERMAINE WELTER BEST COMPANY BILL BLAKE SHERATON MANITOR COMMISSIONER OF REVENUE COMMISSIONER OF REVENUE UNIVERSITY OF MINNESOTA ACRO-MINNESOTA INC AFTON ALPS SKI AREA AGENCY 494 INC AIRLIFT DOORS INC ALLEN COMPANY EARL F ANDERSEN & ASSOC INC AMERICAN LINEN SUPPLY CO AMERICAN PLANNING ASSN AMERICAN SOCIETY OF COMPOSERS AMERI STAR LIGHTING ARTSIGN MATERIALS CO ASPLUND COFFEE CO INC ASSOCIATES & LARRANAGA INC AUTO CENTRAL SUPPLY 33102 BBP 33103 BMB SERVICES 33104 B R W INC 33105 BATTERY & TIRE WAREHOUSE INC 33106 BENTZ CONSTRUCTION INC 33107 BIFFS INC 33108 BLACK & VEATCH 33109 BLOOMINGTON LOCKSMITH CO 33110 BORCHERT-INGERSOLL INC 33111 BRAUER & ASSOCIATES LTD 112 BRAUN ENG TESTING INC J4113 BURTON EQUIPMENT INC BUS SERVICE FOR SKI TRIP-COMMUNITY CENTER POSTAGE-ELECTIONS MARCH 87 MAINTENANCE AGREEMENT SEMINAR-WATER DEPT SCHOOL-EQUIPMENT MAINTENANCE CONFERENCE-CITY STAFF REFUND-SKI TRIP REFUND-SKI TRIP REFUND-SKI TRIP REFUND-SKI TRIP REFUND-SKI TRIP REFUND-SKI TRIP -PERMANENT EASEMENT FOR PONDING PURPOSES & UTILITY (STORM SEWER) PURPOSES CALCULATOR-ASSESSING DEPT MEETING EXPENSES-POLICE DEPT SCHOOL-POLICE DEPT JANUARY 87 SALES TAX JANUARY 87 FUEL TAX CONFERENCE-CITY STAFF OFFICE SUPPLIES LIFT TICKETS FOR SKI TRIP-COMMUNITY CENTER SERVICE-SOUTHWEST AREA TRANSIT -THERMA-STEEL WINDOW-PUBLIC SAFETY BUILDING/DOOR REPAIRS-COMMUNITY CENTER ROUTER BITS SHARPENED-PARK MAINTENANCE SIGNS-STREET MAINTENANCE TOWELS-LIQUOR STORE 1987 DUES-PLANNING DEPT 1987 LICENSE FEES-COMMUNITY CENTER LIGHT BULB-PUBLIC WORKS BUILDING OFFICE SUPPLIES-PARK PLANNING CONCESSION STAND SUPPLIES-COMMUNITY CENTER ADVERTISING-SOUTHWEST AREA TRANSIT -PAINT/THINNER/ACTIVATOR/CHIP GUARD/TAPE/ -CHISELS/FILTERS/RUBBING COMPOUND- EQUIPMENT MAINTENANCE BOOKS-FORESTRY DEPT POOL REPAIRS-COMMUNITY CENTER -SERVICE-ANDERSON LAKES PKWY - TH169 TO -MITCHELL RD/VALLEY VIEW RD - MITCHELL TO COUNTY RD 4 -FUEL LINE HOSES/VACUUM TUBING/LAMPS/ -WASHER PUMPS/BATTERIES/SPARK PLUGS/WIPER BLADES/THERMOSTAT-EQUIPMENT MAINTENANCE -JANUARY 87 SNOW PLOWING - SOUTHWEST AREA TRANSIT PORTABLE RESTROOMS-PARK MAINTENANCE SERVICE-WATER TREATMENT PLANT EXPANSION LOCK REPAIRS-PUBLIC WORKS BUILDING REPAIR KIT-EQUIPMENT MAINTENANCE SERVICE-MILLER PARK SERVICE-VALLEY VIEW ROAD ROLLING LADDER/CEILING FAN-WATER DEPT 225.00 67.17 656.81 50.00 80.00 966.00 13.50 6.50 0.00 3.50 3.50 10.50 10.50 25000.00 59.97 180.00 218.00 17492.88 259.08 23.00 524.71 319.00 157.68 125.57 17.50 394.40 9.05 132.00 412.50 37.80 172.65 120.00 565.78 424.39 84.84 139.50 11595.53 272.25 60.00 268.20 8250.02 32.00 61.25 250.00 75.35 402.00 7022988 MARCH 3,1987 33119 DAVE CORNELIUS 33120 COUNTRY CLUB MARKET INC 33121 CPT CORP 33122 CROWN RUBBER STAMP CO 33123 CULLIGAN 33124 CUSTOM AUTOBODY 33125 CUTLER-MAGNER COMPANY 33126 DALCO 33127 DITCH WITCH OF MN INC 33128 DRISKILLS SUPER VALU 33129 DRISKILLS SUPER VALU 33130 EAGLE SNACKS INC 33131 THE ECONOMICS PRESS INC 33132 BOB EDIN 33133 CITY OF EDINA 33134 ELVIN SAFETY SUPPLY INC 33135 EMPRO CORP '1 136 CHRIS ENGER 137 RON ESS 33138 EXIDE BATTERY SALES 33139 FIRST COMMUNICATIONS INC 33140 FORD-MCNUTT GLASS CO 33141 FOUR STAR BAR & RESTAURANT SUPPLY 33142 FRANZ ENG REPRODUCTIONS INC 33143 LYNDELL FREY 33144 G & K SERVICES 33145 G & L CONTRACTING INC 33146 GSC SPORTS INC 33147 GENERAL COMMUNICATIONS INC 33148 JEANETTE GILLIS 33149 GLENWOOD INGLEWOOD 33150 GOVERNMENT BUSINESS SYSTEMS 33151 W W GRAINGER INC 33152 GROSS OFFICE SUPPLY 33153 GUNNAR ELECTRIC CO INC 33154 GENE HABERMAN 33155 33156 33157 33158 33159 e3I60 61 .)-1162 TILE-PUBLIC SAFETY BUILDING NAME TAG-POLICE DEPT -5 PORTABLE MICROFILM READERS @$296.66 EA/ -10 APERTURE CARD STORAGE BOXES $55.00 EA/ MICROFILMING-PUBLIC WORKS DEPT HOOLIGAN TOOLS-FIRE DEPT -OFFICE SUPPLIES-ENGINEERING DEPT & ASSESSING DEPT/METAL LOCATOR-SEWER DEPT BROOMBALL OFFICIAL/FEES PD EXPENSES-CITY HALL & PUBLIC SAFETY OFFICE SUPPLIES-POLICE DEPT NAME PLATE-FINANCE DEPT SERVICE AIR COMPRESSOR & TRUCK REPAIRS-WATER DEPT QUICKLIME-WATER DEPT CLEANING SUPPLIES-COMMUNITY CENTER -ROLLER CHAIN CONNECTOR & LINK-EQUIPMENT MAINTENANCE EXPENSES-COMMUNITY CENTER EXPENSES-POLICE DEPT SUPPLIES-LIQUOR STORE SUBSCRIPTION-CITY MANAGER BROOMBALL OFFICIAL/FEES PD JANUARY 87 WATER TESTS -TRIPLE RANGE MONITOR/EXTENSION CABLE- SEWER DEPT EQUIPMENT REPAIRS-PUBLIC SAFETY BUILDING FEBRUARY 87 EXPENSES HOCKEY OFFICIAL/FEES PD BATTERIES-EQUIPMENT MAINTENANCE CELLULAR PHONE-POLICE DEPT MIRRORS-COMMUNITY CENTER SUPPLIES-LIQUOR STORE SUPPLIES-ENGINEERING DEPT MEETING EXPENSES TOWELS-PARK MAINTENANCE SERVICE-RIVER VIEW ROAD WALLEYBALL KIT-COMMUNITY CENTER RADIO REPAIRS-EQUIPMENT MAINTENANCE SUPPLIES FOR KIDS KORNER-COMMUNITY CENTER SERVICE PLASTIC PADLOCK SEALS-ELECTION SUPPLIES STORAGE CABINET-WATER DEPT OFFICE SUPPLIES-POLICE DEPT SERVICE-STARING LAKE PARK -MEETING EXPENSES-RESIDENTS ADVISORY COMMITTEE ON NEW CITY OFFICES WATER HEATER REPAIRS-COMMUNITY CENTER EQUIPMENT RENTAL-COMMUNTIY SERVICES FILING FEE-ENGINEERING DEPT 1987 DATA BASE-FINANCE DEPT JANUARY 87 BOOKING FEE RADIO REPAIRS-POLICE DEPT 8 FIRE DEPT SERVICE-PURGATORY RECREATION AREA 1987 STREET ATLASES-POLICE DEPT 33114 CARPET CITY 33115 COMMERCIAL EMBLEM COMPANY ( '116 CONCEPT MICROFILM INC 33117. CONWAY FIRE & SAFETY INC 33118 COPY EQUIPMENT INC HAYES CONTRACTORS INC BOB HEDLUND HENNEPIN COUNTY PUBLIC RECORDS HENNEPIN COUNTY TREASURER HENN CTY-SHERIFFS DEPT HENN CTY-SHERIFFS DEPT EUGENE A HICKOK & ASSOCIATES HUDSON MAP COMPANY 236.00 15.25 2606.41 378.00 627.48 384.50 237.65 106.68 16.09 25.10 841.00 3359.49 1128.55 39.74 312.07 25.45 13.37 114.00 108.00 91.00 1731.00 139.50 165.00 73.00 159.98 2130.00 78.00 280.05 28.84 5.00 11.32 197.20 462.00 193.40 7.55 259.85 41.24 107.41 134.03 170.99 94.02 90.00 50.00 82.00 150.00 121.54 211.35 856.02 43.80 1873992 MARCH 3,1987 33163 33164 (7 3165 33166 33167 33168 33169 33170 33171 33172 33173 33174 33175 33176 33177 33178 33179 IFAI INTERNATIONAL ASSOCIATION OF INTL ASSOC OF ASSESSING OFFICERS JM OFFICE PRODUCTS INC -F F JEDLICKI INC MARTY JESSEN CARL JULLIE JUSTUS LUMBER CO TOM KEEFE KEYS WELL DRILLING CO JAMES W KLINE STEVE KNUDTSON ROBERT LAMBERT LANCE LIEBERMAN ENTERPRISES INC LINHOFF COLOR PHOTO LAB LYMAN LUMBER CO 33180 KEVIN MAAS 33181 TIM MCGOVERN 33182 MACQUEEN EQUIPMENT INC 33183 MARKSMAN FLOOR & CARPET CLEANING 33184 MIKE MARUSHIN '3185 MASYS CORPORATION 3186 MCGLYNN BAKERIES INC 33187 MCNEILUS STEEL INC 33188 MERIT/JULIAN GRAPHICS 33189 METROPOLITAN FIRE EQUIP CO 33190 METRO PRINTING INC 33191 MIDLAND PRODUCTS CO 33192 MARION MILLER 33193 MILWAUKEE ELECTRIC TOOL CORP 33194 MN GOOD ROADS INC 33195 MINNESOTA SUBURBAN NEWSPAPERS INC 33196 MINNESOTA SUBURBAN NEWSPAPERS INC 33197 MINNESOTA VALLEY ELECTRIC CO-OP 33198 R G MODEEN INC 33199 MOTOROLA INC 33200 MOTOROLA INC 33201 MY CHEESE SHOP 33202 GREG MUELLER 33203 NATIONWIDE ADVERTISING SERVICE IN 13204 W E NEAL SLATE CO 205 LEE OBERG J3206 OLSEN CHAIN & CABLE CO INC BOOK-ENGINEERING DEPT 1987 DUES-FIRE DEPT 1987 DUES-ASSESSING DEPT OFFICE SUPPLIES-WATER DEPT & SEWER DEPT SERVICE-SEAL MANHOLE BY LEE DATA BASKETBALL OFFICIAL/FEES PD FEBRUARY 87 MEETING EXPENSES PLYWOOD-PARK MAINTENANCE BASKETBALL OFFICIAL/FEES PD WELL DEPTH SOUNDER-WATER DEPT MILEAGE BROOMBALL OFFICIAL/FEES PD JANUARY & FEBRUARY 87 EXPENSES SUPPLIES-LIQUOR STORE ALBUMS & TAPES-COMMUNITY CENTER FILM PROCESSING-COMMUNITY SERVICES -PLYWOOD/BOARD SCREWS-STREET MAINTENANCE & PARK MAINTENANCE HOCKEY OFFICIAL/FEES PD HOCKEY OFFICIAL/FEES PD -BEARINGS/TOP ROLLER CONVERTOR BELT/SEAL -RINGS/BEARING END CAPS/BELT SCRAPER/NUTS/ -CHAINS/SCREWS/CONVERTOR LIFT CYLINDERS- EQUIPMENT MAINTENANCE CARPET CLEANING-LIQUOR STORE -WRENCHES/HAMMER/MIRROR/SCREWDRIVER SET- EQUIPMENT MAINTENANCE MARCH 87 MAINTENANCE AGREEMENT EXPENSES-CITY HALL -SQUARE TUBING/CHANNEL IRON FOR TRAILER- PARK MAINTENANCE ENVELOPES-CITY HALL -FIRE EXTINGUISHER-WATER DEPT/CHEMICALS- FIRE DEPT FORMS-POLICE DEPT & ELECTIONS CONCESSION STAND SUPPLIES-COMMUNITY CENTER SUPPLIES FOR KIDS KORNER-COMMUNITY CENTER SWITCH/PARTS/LUBRICANTS-PARK MAINTENANCE 1987 DUES-ENGINEERING DEPT EMPLOYMENT ADS-COMMUNITY CENTER ADS-LIQUOR STORE SERVICE PAINTED DOORS-PUBLIC SAFETY BUILDING -6 MOBILE RADIOS WITH SCAN @$2275.00 EA/ -7 PORTABLE RADIOS @$3302.00 EA/4 MULTI- -CHARGER UNITS @$620.00 EA-NEW FIRE STATION MINITOR BATTERIES/RADIO REPAIRS-FIRE DEPT EXPENSES-FIRE DEPT VOLLEYBALL OFFICIAL/FEES PD -EMPLOYMENT ADS-CITY HALL & COMMUNITY CENTER MARKERBOARD-POLICE DEPT HOCKEY OFFICIAL/FEES PD -EXCAVATING HOOK/CHAIN/HAMMERLOCKS- EQUIPMENT MAINTENANCE 44.95 37.00 85.00 44.10 3133.50 108.00 88.65 101.17 121.50 94.75 75.00 205.50 333.98 206.70 81.92 125.83 1966.92 27.00 54.00 1991.72 342.00 109.25 1050.00 67.93 684.75 149.45 167.15 172.00 628.37 1528 22;20 90.00 81.90 75.66 37.75 195.00 39244.00 263.00 16.21 52.00 507.16 216.00 246.00 91.84 5345209 33207 PAPER WAREHOUSE 33208 PEDERSON-SELLS EQUIPMENT CO INC ( 3209 3210 33211 33212 33213 33214 33215 33216 PENNSYLVANIA OIL CO PET CREMATION SERVICE CONNIE L PETERS -PETTY CASH-PUBLIC SAFETY DEPT JOYCE PHELPS KEITH POKELA PRAIRIE HARDWARE PRAIRIE HARDWARE 33217 PRAIRIE HARDWARE SUPPLIES-COMMUNITY CENTER 19.55 -ADAPTER/BOLTS/KEYED STOCK-EQUIPMENT 215.30 MAINTENANCE HYDRAULIC OIL-EQUIPMENT MAINTENANCE 188.73 SERVICE-ANIMAL CONTROL 10.00 MILEAGE 18.50 EXPENSES-POLICE DEPT 7.72 SKATING INSTRUCTOR/FEES PD 560.72 VOLLEYBALL OFFICIAL/FEES PD 234.00 SEAT CUSHION/TAPE-CITY HALL 9.62 -CABLE/FLOOR ADHESIVE/BRUSHES/DETERGENT/ 246.60 -PAINT ROLLERS/RULER/RUSTOLEUM/SPONGES/ -TOOL BOX/BUSHINGS/RUBBING COMPOUND/ -WRENCHES/KNIFE/WIRE/CONNECTORS/HAMMER HANDLES-WATER DEPT -STENCILS/ELECTRICAL COVER/ENAMEL/BRUSHES/ 103.65 -PAINT/TUBE CUTTER/TAPE/PAPER/BOLTS/KEYS/ -PAINT ROLLERS/NUTS/DE-ICER/SHOVEL/SCREWS/ HOOKS-COMMUNITY CENTER -KEYS/PAPER TOWELS/TAPE/MARKERS/BRUSHES/ 138.58 BATTERIES-POLICE DEPT -FLOOD LIGHTS/HEAD LIGHT/NUTS/BOLTS/SPRAY 48.70 PAINT-FIRE DEPT PRINTING-STREET MAINTENANCE 180.00 PRINTING-COMMUNITY CENTER 246.05 ROTARY HOIST-EQUIPMENT MAINTENANCE 5988.00 -SHARPEN LAMBONI BLADE/BUSHING KIT/PULLEY/ 191.10 SPARK PLUG/HOSE-COMMUNITY CENTER CONNECTOR/SWITCH ASSEMBLY-POLICE DEPT 10.75 -SERVICE-PRAIRIE VIEW DRIVE/PRESERVE BLVD/ 6488.84 COMPREHENSIVE SEWER POLICY PLAN -HAND SAW/U-KNIVES/HAMMERS/CLAMPS/PIPE 289.15 WRENCHES/AIR WRENCH-FIRE DEPT -DECEMBER 86 SERVICE-NEW FIRE STATION & 4897.78 COMMUNITY CENTER EXPANSION FEBRUARY 87 EXPENSES 177.00 MOLD TOOL/FLASHLIGHT-EQUIPMENT MAINTENANCE 39.85 2ND QUARTER EXPENSES 1835.00 EMPLOYMENT AD-COMMUNITY CENTER 72.00 ADS-COMMUNITY CENTER 272.16 -SWIMMING BAGS/T-SHIRTS/LETTERING/MOUTH 340.75 GUARDS-COMMUNITY CENTER CABINET DELIVERED & INSTALLED-POLICE DEPT 325.88 JANUARY 87 BUILDING PERMIT SURCHARGE 6070.91 EXPENSES-POLICE DEPT 8.60 SERVICE-WATER TREATMENT PLANT ADDITION 965.18 PUMP TANK-SENIOR CENTER 56.00 SUPPLIES-COMMUNITY CENTER 83.29 FLUORIDE-WATER DEPT 4613.75 UTILITY VISE/CHAIN VISE-WATER DEPT 52.98 SHEET MUSIC FOR E P COMMUNITY BAND 203.75 REFUND-BUILDING PERMIT 45.37 WASTE DISPOSAL-FORESTRY DEPT 40.00 BROOMBALL OFFICIAL/FEES PD 54.00 33218 PRAIRIE HARDWARE 33219 PRAIRIE HARDWARE 33220 PRAIRIE OFFSET PRINTING 33221 PRINT SHACK 33222 PUMP & METER SERVICE INC 33223 R & R SPECIALTIES INC 33224 RADIO SHACK ( 225 RIEKE-CARROLL-MULLER ASSOC INC 33226 SEARS ROEBUCK & CO 33227 SETTER LEACH & LINDSTROM INC 33228 STEVEN R SINELL 33229 SNAP-ON TOOLS CORP 33230 SOUTHWEST SUBURBAN CABLE COMMISSI 33231 SOUTHWEST SUBURBAN PUBLISH INC 33232 SOUTHWEST SUBURBAN PUBLISH INC 33233 SPORTS WORLD 33234 SQUARE CUT 33235 STATE TREASURER 33236 STREICHERS PROFESSIONAL POLICE EQ 33237 STS CONUSULTANTS LTD 33238 SULLIVANS SERVICES INC 33239 TARGET 220 33240 TENNESSEE CHEMICAL CO 33241 TOTAL TOOL 33242 TRESTMAN MUSIC CENTERS 33243 TRUMPY HOMES INC 33244 TUPCO INC 33245 BRUCE TWADDLE J34981 MARCH 3,1987 33246 TWIN CITY GARAGE DOOR CO 33247 TWIK:CITY OXYGEN CO (4248: UNIFORMS UNLIMITED 13249: UNIFORMS UNLIMITED 33250 'THE U S FIGURE SKATING ASSN 33251 U S. POST OFFICE : 33252 UNLIMITED SUPPLIES INC 33253. VALLEY INDUSTRIAL PROPANE INC 33254 VALLEY VIEW ASSOCIATES 33255 mom INC. 33256 ViKING.LABORATORIES INC 33257. VOSITLECTRIC,C0 •33258 WALDOR .PUMP .1 EQUIP CO 33259 JIM WALTER PAPERS 33260 -WILLIAMAARNER 33261 WATERPRODUCTS.O . 33262 IYNNETTE'WEISGRAM• 33263 . WELCH VILLAGE 33264 WEST PUBLISHING CO .33265 THOMAS WHALEN ...33266 .-“RGON 33267 ._'YOUNGSTEOTS INC 13268 -• VOID 'OUTCHECK 13269:. METROPOLITAN WASTE CONTROL COMM -2793606 . DOOR REPAIRS-COMMUNITY CENTER_ -OXYGEN/CARBON DIOXIDE:MIX-FIRE,DEPT & PARK MAINTENANCE ' ' UNIFORMS4OLICEDEPT/FLASHLIGHT ,SEWER DEPT' 4305.-85 UNIFORMS-FIRE DEPT . " 608.20 SUPPLIES4OHMUNTIY CENTER 16:95 POSTAGE4UBLIC:SAFETY 880J30 -SCREWS/WASHERS/SAW BLADES/NUTS/BOLTS-PARK 35088 MAINTENANCE &EQUIPMENT MAINTENANCE GAS CYLINDERS -COMMUNITY CENTER SWIMMING POOL SUPPLIES-COMMUNITY CENTER SERVICE ' CHEMICALS-COMMUNITY CENTER LIGHT:BULBS4RAFFIC SIGNAL MAINTENANCE PUMP REPAIRS-SEWER DEPT PAPER-CITY:HALL " HOCKET:OFFICIAL/FEES PO GASKET: PIPE/COUPLINGS-SEWER DEPT: VOLLEYBALL OFFICIAL/FEES:PD LIFT TICKETSFOR SKI TRIP-COMMUNITYCENTER 'RULES PAMPHLET-POLICE DEPT HOCKEY OFFICIAL/FEES PO CLEANING SUPPLIES-WATER DEPT CHARGE BATTERY-EQUIPMENT MAINTENANCE JANUARY 87 SAC CHARGES 184.40 96.51 196.98 32.38 2.20 460.80 222.00 966.15 538.00 153.00 20.90 76.25 416.00 18.50 20.00 79.91 29.95 0.00 21260.25 DISTRIBUTION BY FUND ( GENERAL `,. CERTIFICATE OF INDEBT 15 LIQUOR STORE-P V M 17 LIQUOR STORE-PRESERVE 25 TRANSIT SYSTEM 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 39 86 FIRE STATION CONSTRUCT 51 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND $243581.90 79620.08 3339.03 7259.45 6030.64 783.46 3854.14 11172.64 41393.66 41802.28 16092.43 28623.09 3611.00 FEB February 23, 1987 Mr. Carl Jullie, City Manager Eden Prairie City Offices 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Jullie: I am writing to you in reference to the opening wh i c h r e m a i n s a v a i l a b l e o n t h e Historical and Cultural Commission. Candidate Position Statement My interests in serving Eden Prairie on the commi s s i o n a r e t w o f o l d . F i r s t , / have a personal interest in the history and cult u r e o f O u r - l o c a l p e o p l e , especially in the art and crafts area. Secondly, I h a v e a desire to preservethe roots from which the present Eden Prairie has a s p i r e d , t o , b e c o m e a -very popular and admired place to live. My employment w i t h P i l l s b u r y h a s a l s o confirmed for me the importance of our corporate r e s i d e n t s t o f o s t e r t h i s preservation and cultural promotion of Eden Prai r i e . r alifications Residence : 14829 Hickory Court, Eden Prairie, 3 1 / 2 y e a r s , Work phone (330-4019), Home phone (934-8871) Profession: Information Systems Manager, Pillsbu r y C o m p a n y , M i n n e a p o l i s Education : B.S. Mathematics, Secondary Educatio n 8, Computer Science M.B.A., Line Management Organizations: Humphrey Homes, Eden Prairie, Volunteer Member, Eden Prairie United Methodist Church Working Women's Network, Pillsbury Company Interests : Art, photography, cooking, outdoors ( w a l k i n g , c a m p i n g , b i k i n g , skiing, etc.) I have attended local historical events and Twin C i t y c r a f t e x h i b i t s , a n d I support local craftspeople through purchase and p r o m o t i o n o f t h e i r w o r k . References Mr. Gerald McCoy, 14822 Hickory Court, Eden Prai r i e , S u p e r i n t e n d e n t o f Eden Prairie School System, 934-5081. Si cerely yo re, Owen L. L. Barker MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services February 16, 16, 1987 Community Center Fees In late 1980, prior to the City opening the Community Center, staff surveyed other i c e arenas, YMCS's, municipal community centers, and private clubs to determine a fee schedule for memberships, racquetball court fees, ice arena fees, pool rental, etc. Other than ice arena fees, which have been increased on an annual basis, the other fees have stayed the same for six years. Staff has not recommended increasing those fees because the Community Center was always able to come very close to meeting its operating expenses with the relatively low fees in place. In 1986 the City showed a loss of over $30,000 (on a $400,000 budget). This compare s to previous high loss of approximately $16,000. This was due to several reasons: I. There have been increased maintenance costs due to the wet condition of the building. 2. The opening of the Flagship Athletic Club affected some membership and racquetball fees. 3. The continued increase in utility and personnel costs without an associated increase in other fees such as membership fees, swimming pool rental fees, and racquetball fees. City staff is presently conducting a survey similar to the one that was done in 1980 in order to provide the Council appropriate data for making a decision to adjust some of the fees. On February 17th, the Council requested staff to conduct a survey of the Lake Conference to determine how municipal arenas are charging school districts for Lake Conference hockey games. Attached is a memo and survey from Tom Eastman, Supervisor of Operations at the Community Center, that outlines the various policies throughout the Lake Conference. This survey indicates there is no one preferred method for spliting the gate, charging for ice time, paying for staffing of games, etc. The City and the School District have a long history of cooperative agreements on shared facility use. The City uses school gymnasiums, cafeterias and classrooms fo r hundreds of municipal programs each year at a cost that simply pays for the maintenance and supervision of the facility. The School District uses many of the City's parks for elementary and high school physical education programs, as well as for their interscholastic competitive fields. This is a win-win situation for the School Dsitrict and the City. The School District uses the Community Center extensively during the day and after school for physical education and interscholastic programs. The Community Services Staff recommend that the City Council appoint a joint study committee that would include City staff and Steve Schultz, the Athletic Director for the School District, to determine a possible revision in the fee schedule for rental of these facilites. The school staff are presently working on their 1987-88 school year budget and will be directly affected by any changes proposed by the City. Staff estimates this study could be completed and returned to the City Council for consideration within 60 days. BL:md LUDEAMAI Bob Lambert, Director of Community S e r v i c e s FROM: Tom Eastman, Supervisor of Operation s DATE: February 20, 1987 SUBJECT: Lake Conference Hockey Can e S u r v e y Attached you will find a sheet showi n g t h e r e s u l t s o f t h e s u r v e y t h a t w a s t a k e n of all Ice Arenas that hold Lake Conf e r e n c e H i g h S c h o o l H O c k e y G a m e s a t t h e i r facilities. The Managers of these facilities were a s k e d f i v e q u e s t i o n s . 1. Wes your facility charge a set rate for i c e t i m e d u r i n g H i g h S c h o o l games? 2. How are the gate admission profits d i s t r i b u t e d ? 3. Who provides staff for the High Scho o l g a m e s i n y o u r f a c i l i t y ? 4. Who staffs the Concession Stand and w h e r e , d o t h e p r o f i t s g o f r o m H i g h School games? 5. What was the average attendance in 1 9 8 5 - 1 9 8 6 a n d 1 9 8 6 - 1 9 8 7 ? Of the ten rinks surveyed the results i n c l u d e : 11 Six Rinks charge for ice time. 2) Six Rinks split gate with School. 3) Four rinks have all gates receipts g o t o S c h o o l . O f t h e f o u r r i n k s t h a t give all of the gate to School, App l e V a l l e y a n d S c h o o l j o i n t l y o w n Arena. Richfield charges $115.00/ho u r f o r 4 1 / 4 h o u r s o f i c e . t i m e . 4) The Concession go to the Rink at fiv e o f t h e R i n k s . , I n f i v e R i n k s t h e profits either are split with the Sc h o o l , o r t h e A s s o c i a t i o n o r 1 0 0 % o f the profits go to the School. There is a difference between how t h e L a k e C o n f e r e n c e A r e n a s r u n t h e i r g a m e operations in comparison to how the W e s t S u b u r b a n C o n f e r e n c e S c h o o l s r u n t h e i r s : The City Council may want to conside r a c h a n g e d u e t o : 1. City does have extra costs for main t e n a n c e d u r i n g H i g h S c h o o l g a m e s . 2. There will be additional costs to Ci t y a s a t t e n d a n c e i n c r e a s e : 3. City could A) Charge more for ice. B1 Split profit or loss 1after all ex p e n s e s ) w i t h S c h o o l ; C) City should continue to staff Conce s s i o n s a n d r e c e i v e all profits. D) City should continue arrangement wi t h B l u e L i n e C l u b . LAKE CONFERENCE ICE ARENA'S HIGH SCHOOL GAME OPERATIONS SURVEY LAKE .-NFERtuce ICE AFAR:, ICE TIME CATE RECEIPTS HOW ARE Gam. STAFFED ClaicESSION'S AVERAGE ATTENDANCE/GAmE 1985-86 1906-87 REMARKS Alkle valley Keple vJiley High seximont 0195 NO 0110.00K 50 0110.00K To High school High school provides staff except for High School staffs and all profit. go to High School. 600-B00 6D0-000 Apple valley Ice Arena is paintly owned by City and School Fist. blodoington Jerferson High sonnedY High NO CHARGE Gate is split 50150 with High School and Arena. Arena provides all staff and pays for staff. Concessions is staffed by Hockey ASSOC. Profits split haw Rink and Assoc. 1100-1200 1100-1300 Preamar Edina High NO CHARGE Gate is split between High School and Arena. , See remark. 1 Rink provides - Ticket Takers, Mint. a Police Security. nd School provides - Scorekeepers and Announcers teff Concession le s ed by Rink and profits go to Rink. 1100-1200 600-700 70% OR gate goes to Rick _cc c I onforence games. 50% of gate to kink fa, nnn conference own., broklyn Center Park Center High • Cam., High $75.00 per hour All gate profits after expenses go to High School. Rink provides - Ticket Takers i Match. School provides - Security Roosters provide - Scorekeepers s announcers for a fee charged to school. Concession is staffed by Rink and profits go to Rink. 500 400 swroxville surnsville High NO CHARGE Gate is split 50150 hoteeen RInk end Oigh Rink provides - Ticket Takers L Malnt. . School provides - Announcers, Scorekeepers and Security. B.O.C. runs Concessions 254 profits go to Rink. 1200 850-900 - ithnetonka Minnetonka Nigh 7 Hopkins High $70.00 per hour Gate is split 50/50 with Rink and High School after expenses. Rink provide* - Ticket 'Takers, 5 Door-Guards, Police Officers, Scorekeeper and Plaint. School Provides - Student Supervision. • COnceSsion is staffed by Rink and profits go to Rink. . 550-750 750 • 'og hdll. ., Arbstrong High .. Cooper Nigh 175.00 per hour Gate split 50/50 with Rink and High School after expenses. • Arena provides all staff cost for staff is charged to High School. Concession is Staffed by Rink and profit., go to kink. . 625 510 • ..i:tfield Richfield High 1115.00 per hoar All gate profits after expanse. go to School. Arena provides - Saint. and Security Nigh School prov d A ides - TickeKT aker, Scorew . . keeper, Timer annnouncer. .. . , Arena Staffs one persOn PrOfits g remark o to Arena. i See s • SOO SOO Hockey Association provides needed staff. They are paid $3.75/1d This wage goes to Hockey Association. - . Louie Pak • St. Louis P.ik High $295.00 per game . rate split 50/50 with kink and Nigh School after expenses. Rink provides - Ticket Takers and Saint. School provides w Scorekeepers. and Announcers. Conceision in staffed and rue by Hockey Assoc 10% of profits to to Rink. • - 325 400 . . en Prairie Eien Prkarie High . 075.00 per hour All gate profits gr, to nigh School after . . • • . . . ' Community CenterProvldee A.int. .' • mue Line club provides - Ticket Takersi'Solire- t rnri-,,, > • ,-..,....r., S n.,,,r,or,i, ' ' . . ... . . . Connotation is, staffed Al' Pi.* ebd•Profita 400 450 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission FROM: Sandra F. Werts, Recreation Supervisor DATE: February 25, 1987 SUBJECT: Community Development Block Grant Discretionary Funds Each year the City receives money through the Community Developmen t B l o c k Grant Program, The Oast couple of years the City has no t u t e c r l h e i r t o t a l allotment and has returned money to the program. Mete f u n d s g o b a c k I n t o a "Discretionary Account". The 1987 Discretionary Fund contains approximately $450 ,000 for reallocation'. Cities Within Hennepin County have the opportunity to rea p p l y l o r : t h e t e -*ftinds. The Community Services Department it requesting permis s i o n o f t h e C i t y C o u n c i l to apply for discretionary funds for •renovation Of: the T o w e r i i a l f _ o f t h e current City Hall for the new Senior Center. A group of Seniors met to study the current layout of t h e a r e a . T h e y l o o k e d at potential uses of the space and came up with afloo r p l a n f o r t h e A r e a , The plan includes a commercial kitchen that would meet c o d e -,:to that vmeal program could be initiated; a large divided meeting N O t o : b e u s e d - f o r ' c a r d playing and dining; a small library/conference room th a t : c a n t e u s e d f o r health and hearing screenings; two additional large s p a c e s t o b e u s e t : t t c l a s s rooms, lecture areas or arts and crafts; and space for the HistoricalSociety. Please refer to the attached drawing. The Eden Prairie Building Department estimates the cos t o f r e n o v a t i o n t o b e $25,000; this includes removing and adding: walls, encl o s i n g o p e n a r e a s , a d d i n g : new doorways, cutting a serving opening into the wall b y : t h e k i t c h e n , f l o o r coverings, painting and changes in heating, air condit i o n i n g , v e n t i l a t i o n , a n d plumbing. Purchase and installation of the kitchen equ i p m e n t w i l l b e approximately $40,000. The Community Services Staff would like authorization f r o m t h e C i t y C o u n c i l t o proceed with the application process to request $65,000 f r o m t h e C D B G Discretionary Account. SFW:md Senior Center Proposed Floor Plan La. LIWary Kli.1 Office 0641 ( \ Kitchen wars w furnace Room CY, At Room 30.1 es. ft Le= Women • Historical Sockay as, w The Tree Farm CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 1-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THt LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of March 3, 1987, entered into between Countryside Investments, Inc., a Minnesota corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Leroy C. Jedlicka and Lois B, Jedlicka, husband and wife, George W. Jeppeson, Jr. and Marjorie E. Jeppeson, husband and wife, and David R. Durnbaugh and Mary C. Durnbaugh, husband and wife, and the City of Eden Prairie, dated as of March 3, 1987, which Agreement and Owners' Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of February, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of March, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A THE TREE FARM PROPOSED REZONING LEGAL DESCRIPTION That part of the following described property: That part of the Southwest Quarter of the Northwest Quarter and that part of the Northwest Quarter of the Southwest Quarter of Section 26 Township 116 Range 22, Hennepin County, Minnesota described as follows: Commencing at a point 561.33 feet East and 1239.45 feet North of the Southwest corner of the Northwest Quarter; thence South to a point 120 rods South from the North line of the Southwest Quarter of the Northwest Quarter; thence East to the East line of the West half of the Southwest Quarter; thence North 40 rods to the Northeast corner of the Northwest Quarter of the Southwest Quarter; thence West to a point 861.33 feet East from the West line of said Section 26; thence North parallel with the West line thereof to the centerline of County Road No. 1; thence westerly to the beginning, Except road. - That part of the Southwest Quarter of the Northwest Quarter of Section 26 lying East of the West 861.33 feet of the Southwest Quarter of the Northwest Quarter, as measured at right angles to the West line of the Southwest Quarter of the Northwest Quarter, except that part lying North of the centerline of County Road No. 1, and except the North 165 feet of the East 133 feet of the Southwest Quarter of the Northwest Quarter, as measured along the East and North lines of the Southwest Quarter of the Northwest Quarter respectively. The North 165 feet of the East 133 feet of the Southwest Quarter of the Northwest Quarter, as measured along the East and North lines of the Southwest Quarter of the Northwest Quarter respectively. Which lies northerly of the following described line: Commencing at the Southeast corner of the above described property; thence on an assumed bearing of North 0 degrees 23 minutes 02 seconds West, along the West line of the above described property, a distance of 516.56 feet to the point of beginning of the line to be described; thence South 17 degrees 50 minutes 10 seconds East a distance of 161.35 feet; thence South 44 degrees 56 minutes 55 seconds East a distance of 159.60 feet; thence South 72 degrees 44 minutes 44 seconds East a distance of 130.40 feet; thence South 59 degrees 33 minutes 39 seconds East a distance of 129.15 feet; thence South 22 degrees 33 minutes 43 seconds East a distance of 155.00 feet, more or less, to the South line of said property and said line there terminating. The Tree Farm DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Countryside Investment, Inc., a Minnesota corpora t i o n , h e r e i n a f t e r r e f e r r e d t o a s "Developer," and the CITY OF EDEN PRAIRIE, a mun i c i p a l c o r p o r a t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning D i s t r i c t C h a n g e f r o m t h e Rural District to the R1-13.5 District for 29.39 acr e s a n d P r e l i m i n a r y P l a t o f 3 3 . 2 8 acres into 72 single family lots and one outlot, si t u a t e d 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, a t t a c h e d 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 " t h e p r o p e r t y ; " NOW, THEREFORE, in consideration of the City ad o p t i n g O r d i n a n c e # 1 - 8 7 , Developer covenants and agrees to construction upon, d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in confor m a n c e w i t h t h e materials revised and dated March 3, 1987, review e d a n d a p p r o v e d b y the City Council on February 3, 1987, and attached h e r e t o a s E x h i b i t B, subject to such changes and modifications as p r o v i d e d h e r e i n . Developer shall not develop, construct upon, o r m a i n t a i n t h e property in any other respect or manner than provid e d h e r e i n . 2. Developer covenants and agrees to the performance a n d o b s e r v a n c e b y Developer at such times and in such manner as pro v i d e d t h e r e i n o f all of the terms, covenants, agreements, and condit i o n s s e t f o r t h i n Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat by the City, D e v e l o p e r s h a l l submit to the City Engineer and receive the City En g i n e e r ' s a p p r o v a l of plans and construction estimates for the propos e d s a n i t a r y s e w e r extension from the property to the Homeward Hill s s a n i t a r y s e w e r interceptor. Upon approval by the City Engineer, Developer agre e s t o c o n s t r u c t , or cause to be constructed, those improvements l i s t e d a b o v e , a s approved by the City Enginee r , i n a c c o r d a n c e w i t h t h e t e r m s a n d conditions of Exhibit C, attac h e d h e r e t o . 4. Prior to release of the fina l p l a t b y t h e C i t y , D e v e l o p e r s h a l l submit to the Director of C o m m u n i t y S e r v i c e s , a n d r e c e i v e t h e Director's approval of revised p l a n s d e p i c t i n g t h e f o l l o w i n g : A. A five-foot wide, five-inch thi c k s t d e w a l k a l o n g t h e o u t s i d e of the loop road system. Said s i d e w a l k s s h a l l b e l o c a t e d 1 5 feet from the side yard setbac k f o r s t r u c t u r e s o n t h e l o t s on the property. B. A 20-foot wide trail easement a l o n g t h e s o u t h s i d e o f C o u n t y Road #1. C. A 10-foot wide graded area a l o n g t h e s o u t h s i d e o f C o u n t y Road #1. B. A trail connection from the si d e w a l k a l o n g t h e l o o p r o a d t o access the trail along County R o a d # 1 . - E. An access from the southeast e r l y m o s t c u l - d e - s a c o n t h e property to the park property t o t h e s o u t h , a s d e p i c t e d i n Exhibit B, attached hereto. Upon approval by the Direct o r o f C o m m u n i t y S e r v i c e s , D e v e l o p e r agrees to construct, or to cause t o b e c o n s t r u c t e d , those 5. Services, in accordance with t h e t e r m s a n d c o n d i t i o n s o f E x h i b i t C , attached hereto. improvements listed above, as a p p r o v e d b y t h e D i r e c t o r o f C o m m u n i t y Prior to issuance of any perm i t f o r a n y g r a d i n g , o r c o n s t r u c t i o n , upon the property, Develop e r a g r e e s t o d e d i c a t e O u t l o t A , a s depicted in Exhibit B, attach e d h e r e t o , t o t h e C i t y , f r e e a n d c l e a r 6. of any and all liens, mortgage s , o r e n c u m b r a n c e s . Prior to issuance of any gradi n g p e r m i t u p o n t h e p r o p e r t y , D e v e l o p e r shall submit to the City Engi n e e r , a n d r e c e i v e t h e C i t y E n g i n e e r ' s approval of calculations rega r d i n g t h e c u t a n d f i l l b a l a n c e f o r t h e proposed grading plan for the p r o p e r t y . D e v e l o p e r a c k n o w l e d g e s t h a t any significant changes, as d e t e r m i n e d b y t h e C i t y E n g i n e e r , s h a l l require Planning Commission a n d C i t y C o u n c i l r e v i e w , p r i o r t o issuance of any grading permit u p o n t h e p r o p e r t y . 7. Prior to issuance of any gradi n g p e r m i t u p o n t h e p r o p e r t y , D e v e l o p e r shall submit to the City Engi n e e r , a n d r e c e i v e t h e C i t y E n g i n e e r ' s approval of plans for streets , s a n i t a r y s e w e r , w a t e r , s t o r m s e w e r , and erosion control for the pro p e r t y . Upon approval by the City En g i n e e r , D e v e l o p e r s h a l l c o n s t r u c t , o r cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 8. 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 management plan. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, said tree management plan. 9. 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. 10. 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 4.5jeet above the ground. If a reforestation plan is required, Developer agrees that, pricir to issuance of any building permit, Developer shall submit a ':-bond, or letter of credit, guaranteeing completion ofal 1 reforettafion work as approved by the Director Of Planning'. Theamount - Of the bond, Or.- letter of credit, shall be 150t1jf -Ahe..apOrpVedi estimated cost of implementation of all reforestation work :and shall be in ,such form and contain such other provisions and teMns as may be requited by the Director of Planning.. Developer agrees -lb prepare and -submit for approval to the Director of Planhinga 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 improvements listed above in said plans, as approved by the Director of Planning. 11. Developer agrees that sidewalkAnstallation shall be accomplished at the time of street construction On the property.. Said construction shall be in accordance With the terms Arid -Conditions of Exhibit C. attached hereto -.' 12. Developer agrees to provide for a "NOTICE OF CONDITIONS" to be signed by all prospective owners of the., lots the property, notifying said prospective owners of-the preexisting conditions of the location of the sanitary landfill and the -location of the Flying Cloud Airport and flight patterns. Said NOTICE -OF -tONDITIONS shall be as depicted in Exhibit D, attached- hereto, and made a part hereof. 13. Developer agrees to provide for "RESTRICTIVE COVENANTS," to be signed by all prospective -owners of the lots within the property, for purpose of preservation of the remaining:trees and -to prevent clear-cutting of the pine trees on the property, base&upOn the tree management plan as depicted in Exhibit B, attached hereto. Said RESTRICTIVE COVENANTS shall be as depicted in Exhibit E, attached hereto, and made a part hereof. The Tree Farm OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN COUNTRYSIDE INVESTMENTS, INC. AND THE CITY OF EDEN PRAIRIE. THIS AGREEMENT, made and entered into as of , 1987, by and between Leroy C. Jedlicka and Lois B. Jedlicka, husband and wife, George W. Jeppeson, Jr., and Marjorie E. Jeppeson, husband and wife, and David R. Durnbaugh and Mary C. Durnbaugh, husband and wife, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #1-87 changing the zoning of the property owned by Owners from the Rural District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of , 1987, by and between Countryside Investments, Inc., and City, Owners agree with the City as follows: 1. If Countryside Investments, Inc., fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owners shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Exhibit D ADDENDUM TO PURCHASE AGREEMENT This Addendum is attached to and made a part of the Purchase Agreement dated • 19 , by COUNTRYSIDE INVESTMENTS, INC., a Minnesota corporation, as Seller, and as Purchaser(s). Purchaser(s) have been advised by the Seller that: 1. Homeward Hills Park will be significantly expanded in the summer of 1987. Such expansion shall include, but not be limited to: tennis courts, volleyball courts, athletic fields, a hockey rink, a lighted ice skating rink, playground equipment and a shelter. A drawing of the proposed expansion is available for inspection at the Eden Prairie Parks & Recreation Department Office. 2. The subdivision "The Tree Farm" is located approximately one mile west of the easterly approaches of Flying Cloud Airport. 3. Minnesota State Aid Highway 169 is proposed to be widened to a four lane highway and relocated approximately one mile northwest of its present location in 1995. Plans of the exact construction and relocation can be reviewed at the Eden Prairie City Offices. 4. The Eden Prairie landfill is located southwest of the subdivision. The City of Eden Prairie, the Metropolitan Council, the Pollution Control Agency and Hennepin County expect it to be permanently closed in 1993. For further information you may contact the City of Eden Prairie or the State of Minnesota Pollution Control Agency. 5. Hennepin County Highway #18 located approximately two miles to the east of the subdivision is scheduled to be upgraded to a four lane highway. A copy of proposed upgrading can be reviewed at the Eden Prairie City Offices. 6. Homeward Hills Road which presently ends at Pioneer Trail is proposed to be extended to Anderson Lakes Parkway on the master plan of the City of Eden Prairie. A copy of the master plan can be reviewed at the City Offices. A map of the subdivision and the immediately surrounding area, including those items noted above, is attached to this Addendum for your convenience and information. I (we) have received a copy of this Addendum and the attached map. Dated: PURCHASER(S) - 2 - Exhibit E RESTRICTIVE COVENANTS We, the undersigned owners and mortgagees of the following described real property: Lots 1 - (inclusive), Block 1, The Tnee Farm Lots 1 - (inclusive), Block 2, The Tree Farm Lots 1 - (inclusive), Block 3, The Tree Farm do hereby set forth and create the following restriction and covenant: No cutting, removal or destruction of a live tree having a diameter at its base of seven (7) inches or more shall be permitted unless said tree is diseased, destroyed or damaged by wind, lightning or other natural causes, or unless said tree poses a danger to life or property. IN TESTIMONY WHEREOF, the parties have hereunto set their hands this day of , 1987. COUNTRYSIDE IN VESTMENTS, INC. Leroy C. Jedlia By Lois B. Jedlicka Its SUBURBAN NATIONAL BANK, N.A. George W. Jeppeson, Jr. By Its Marjorie E. Jeppeson David R. Durnbaugh Mary C. Durnbaugh STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _______ of , 1987, by Leroy C. Jedlick° and Lois B. Jedlicka, hust and wife. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1987, by George W. Jeppeson, Jr. and Marjorie E. Jeppeson, husband and wife. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1987, by David R. Durnbaugh and Mary C. Durnbaugh, husband and wife. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1987, by , the of Countryside Investments, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public - 2 - Notary Public - 3 - STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1987, by , the of Suburban National Bank, N.A., a national assocation, on behalf of the association. THIS INSTRUMENT DRAFTED BY: Paul M. Tatone, Esq. 140 West 98th Street Bloomington, MN 55420 (612) 887-6800 The Tree Farm CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-52 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 1-87 AND ORDERING 'THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 1-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of March, 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. 147, 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. 1-87 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 March 3, 1987. Gary D. Peterson, Mayor ATTEST: Frane, City Clerk The Tree Farm CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA. ORDINANCE NO. 1-87 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 'MOE CHAPTER 1:AND SECTION 1199i 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; west of Surrey Street, from the Rurail'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 legalAescriptiOn 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.),