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City Council - 07/07/1987
AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 7, 1987 7:3D Pt1, CITY HALL CDUNCIL CHAMBERS, 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson PLEDGE DF ALLEGIANCE RDLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY, JUNE 16, 1987 Page 173E III. CONSENT CALENDAR A. Clerk's License List Page 1765 B. Resolution No. 87-193, Proclaiming the week of August 17, 1987 Page 1766 to support United Way's community campaigns in Eden Prairie C. Final Plat a roval for Blossom Ride (south of Blossom Road Page 1767 an east of enne Place) solution l o. 87 T9-5-- D. Final Plat as ro�val for Prairie Bluffs (south of Co. Rd. No. 1 Page 177D and north of Bluf s East 4t Tddition) ResoluTTon�to. 877F19 E. Resolution requesting Metropolitan Waste Control Commission Page 1773 (MWCC) sewer connection permit for a�rdina1 Ridge (Resolution No. 87-196) F. Change Order No. I _ Homeward Hills Road, I.C. 52-033A Page 1774 G. Authorize reconveyance of surplus parcel - Outlot 1, Page 1776 Clarendon Park, to Hennepin County (Resolution No. 87-197) H. Approve joint contruction and fundin aagreement with Riley- Page 178D Purgatory-Bluff Creek Watershed is rict or Dund Cake to Staring Lake Chain of Lakes Outlot Project and authorize Mayor and Manager to execute the—agreement. I. Authorize Mayor and City Clerk to execute a License agreement Page 1791 with the Chita o and Northwestern ram nsportatio—company for 'main of Z es Project" (Resolution llo. 87-198) • I City Council Agenda - 2 - Tues.,July 7, 1987 J. LITTLE RED GROCERY STORE, by H. J. Nyhammer. 2nd Reading of Page 1791 Ordinance #28-87, Rezoning from Community Commercial and R1-22 to Neighborhood Commercial for 1.32 acres for Little Red Grocery Store; and Adoption of Resolution #87-162, Authorizing Summary of Ordinance #28-87, and Ordering Publication of Said Summary. Location: Southeast quadrant of Valley View Road and County Road #4. (Ordinance #28-87, Rezoning; Resolution #87-162, Authorizing Summary and Publication) K. FAITH CHURCH OF THE NAZARENE. 2nd Reading of Ordinance #23-87, Page 179E Rezoning from Rural to Public on 5.87 acres; Approval of Developer's Agreement for Faith Church of the Nazarene; and Adoption of Resolution #87-165, Authorizing Summary of Ordinance #23-87 and Ordering Publication of Said Summary. 5.87 acres into one lot for construction of a church. Location: South of County Road #1, east of Blossom Road. (Ordinance #23-87, Rezoning; Resolution #87-165, Authorizing Summary and Publication) L. LUNDS CENTER, by Commercial Partners, Inc. 2nd Reading of Page 1802 Ordinance #17-87, Rezoning from Rural to C-Reg-Ser for 6.1 acres; Approval of Developer's Agreement for Lunds Center; and Adoption of Resolution #87-128, Authorizing Summary of Ordinance #17-87 and Ordering Publication of Said Summary. 6.1 acres into one lot and road right-of-way for construction of a grocery store and commercial uses. Location: Southeast corner of Franlo Road and Prairie Center Drive. (Ordinance #17-87, Rezoning; Resolution #87-128, Authorizing Summary and Publication) M. PRAIRIE BLUFF SUBDIVISION, by Cardarelle & Associates, Inc. < 2nd Reading of Ordinance #27-87, Rezoning from Rural to R1-13.5 on Page 18D. approximately 7.4 acres; Approval of Developer's Agreement for Prairie Bluff Subdivision; and Adoption of Resolution #87-181, Authorizing Summary of Ordinance #27-87 and Ordering Publication of Said Summary. 8.5 acres into 17 single family lots, 2 outlots, and road right-of-way. Location: South of Pioneer Trail, west of County Road #18, east of Franlo Park. (Ordinance #27-87, Rezoning; Resolution #37-181, Authorizing Summary and Publication) N. Camp Edenwood Request (Continued from June 16, 1987) Page 181E 0. Community Development Block Grant Discretionary Funds Application Page 181; IV. PUBLIC HEARINGS A. MAJESTIC OAKS, by All-Land Corporation. Request for Zoning Page 163; District Change from Rural to R1-13.5 on 5 acres, Preliminary & 181f Plat of 5 acres into 12 single family lots. Location: East of Nest 168th Avenue, south of Manor Road. (Ordinance #33-87, Rezoning from Rural to R1-13.5; Resolution #87-173, Preliminary Plat) Continued from June 16, 1987 B. TIMBER CREEK NORTH, by Timber Creek North Partnership. Request Page 1811 1r for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.9 acres and from Public Open Space to Low Density Residential on 3 acres, Planned Unit Development Concept Amendment on 162 acres, Planned Unit 1 City Council Agenda - 3 - Tues.,July 7, 1987 • Development District Review on 39 acres with Zoning District Change from Rural to RI1-6.5 on 14.9 acres, and from Rural to R1-13.5 on 44 acres with variances, and Preliminary Plat of 89 acres into 110 lots, 3 outlots, and road right-of-way. Location: South of Townline Road, west of Creek View Lane, north of Purgatory Creek. (Resolution #87-183, Comprehensive Guide Plan Amendment; Resolution #87-184, PUD Concept Amendment to Timber Creek Woods PUD; Ordinance #34-37-PUD-6-87, PUD District Review and Zoning; Resolution #87-185, Preliminary Plat. C. MOUNT CURVE ADDITION, by Mount Curve Developers. Request for a Page 1851 Comprehensive Guide Plan Amendment from Medium Density Residential to Low Density Residential on 2.24 acres, Zoning District Change from R11-6.5 to R1-13.5 on 2.24 acres, and Preliminary Plat of 2.88 acres into 5 single family residential lots. Location: Southwest corner of Franlo Road and Mount Curve Road. (Resolution #87-187, Comprehensive Guide Plan Amendment; Ordinance #35-87, Rezoning; Resolution #87-188, Preliminary Plat) D. EDENVALE EXECUTIVE CENTER II, by Equitable Life Assurance Society. Page 1856 Request for Planned Unit Development Concept Amendment on approximately 100 acres, Planned Unit Development District Review on 15.5 acres with Zoning District Change from Rural to I-2 on 15.5 acres with variances, and Preliminary Plat of 15.5 acres into one lot for construction of 172,90D square feet of industrial uses in three buildings. Location: South of Valley View Road between Equitable Drive and Executive Drive. (Resolution #87-189, PUD Concept Amendment to Edenvale 9th Addition Industrial Park PUD; Ordinance #36-87-PUD-7-87, PUD District Review and Zoning; Resolution #37-190, Preliminary Plat) E. THOMPSON'S ADDITION, by David Thompson. Request for Preliminary Page 1865 Plat of 0.993 acres into 2 single family lots and road right-of-way with variances to be reviewed by the Board of Appeals. Location: Southwest corner of Valley View Road at Franklin Circle. (Resolution #87-191, Preliminary Plat) F. EASEMENT VACATION, LOTS 1-6, BLOCK 6, TIMBER CREEK WOODS Page 1868 7ION (Resolution 7o. 87-157j G. EASEMENT VACATION, LOT 1, BLOCK 1, PRAIRIE KNOLL ADDITION Page 1869 (Resolution 1lo. 87-160) V. PAYMENT OF CLAIMS Page 187C VI. PETITIONS, REQUESTS & COMMUNICATIONS A. Appeal of the Decision of the Board of Appeals--Anderson's Page 1882 Garden Hoppe VII. ORDINANCES & RESOLUTIONS A. ANDERSON'S GARDEN SHOPPE, by Don C. and Rita L. Anderson. 2nd Page 1892 ceding of Ordinance #29-87, Zoning District Change from R1-22 ( to C-Com on 1.27 acres and from R1-22 to R1-13.5 on 1.86 acres; Approval of Developer's Agreement for Anderson's Garden Shoppe; and Adoption of Resolution #87-192, Authorizing Summary of 1 City Council Agenda - 4 - Tues.,July 7, 1987 Ordinance #29-87, and Ordering Publication of Said Summary. 3.1 acres into one comercial lot, five single and road right-of-way. family Location: Southeast corner oflCounty Road #4 and Valley View Road, west of Westgate Lane. (Ordinance #29-87, Rezoning; Resolution #87-192, Authorizing Summary and Publication) VIII. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Request to change terms on Page 190: Commission IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Re ort of Director of Planning E. Report of Director of Community Services 1. Trail Requests Page 1904 2. Proposed Park Use Ordinance Revisions Page 190E F. Report of Director of Public Works 1. Award contract for Nemec Knoll Improvements, I.C. 52-121 and u3 nn broo oadTmprovements west of Homeward-fl is oa 9—Pe-solution No. 874r XI. NEW BUSINESS XII. ADJOURNMENT C UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY,JUNE 16,1987 7:30 P.M.,CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson George Bentley,Jean Harris,and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J.Jutlie,Assistant to the City Manager Craig Dawson,City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz,and Recording Secretary Linda Jacobson PLEDGE OF ALLEGIANCE ROLL CALL: I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Pidcock,to approve the agenda and other items of business. Motion carried unanimously. II. MINUTES A. Reaular City Council Meeting held Tuesday. May 19. 1987 The following items were changed on the Minutes: Page 7, paragraph 5,"Pidcock said she thought the quality of life City Council Minutes 2 June 16, 1987 would be improved with this type of project." Page 11, paragraph 5,"on-tenth"to"one-tenth". MOTION: Anderson moved, seconded by Bentley,to approve the May 19,1987 City Council Minutes. Motion carried unanimously. B. Board of Review Meeting held Tuesday.June 2. 1987 The following item was changed on the Minutes: Page 10, paragraph 4,"digestion"to"consideration". MOTION: Harris moved,seconded by Pidcock,to approve the June 2, 1987 Board of Review Minutes. Motion carried with Bentley abstaining. C. Regular City Council Meeting held Tuesday.June 2. 1987 The following items were changed on the Minutes: Page 8, paragraph 6,add "if"before"it's approved". Page 11,VII A. 1., paragraph 2,"approve"to"reaffirm". MOTION: Harris moved,seconded by Pidcock,to approve the June 2, 1987 City Council Minutes. Motion carried with Bentley abstaining. III. CONSENT CALENDAR A. Clerk's License List B. Approve Eden Lake Elementary School Play Structure Bid C. Approve Eden Prairie High School request for pool time D. Receive Feasibility Study for Trunk Watermain between 1-494 and Rowland Road(International School)and set Public { City Council Minutes 3 June 16, 1987 Hearing. I. C.52-117(Resolution No.87-148) E. Aoorove Plans and Specifications for Trunk Watermain between 1-494 and Rowland Road and authorize bids to be received.I.C.52-117(Resolution No.87-149) F. Aoorove Plans and Specifications for Prairie View Drive and St.Andrew Drive Utility and Street construction and authorize bids to be received.I.C.52-104(Resolution No. 87-150) G. Cooperative construction agreement with MnDOT for jmorovements to TH5 east of Wallace Road.I.C.52-074 (Resolution No.87-151) H. Cooperative Signal Agreement with MnDOT and Hennepin County for installation at Wallace Road/TH5 and revision to the signal at Mitchell Road/TH5.I.C.52-074(Resolution No.87-152 I. Chance Order No.5.Anderson Lakes Parkway.I.C.52-035 J. Approval of Agreement with ISD No.272 for Lease Agreement with old City Hall K. Final Plat Acoraval of Cardinal Ridge(east of Baker Road and north of Nine Mile Creek)(Resolution No.87-158 L. Final Plat Approval of Eide Knolls(south of Valley View Road and west of The Meadows Addition(Resolution No.87-159 M. Final Plat Approval of Welter Purgatory Acres 4th(reolat of Lot 1. Blk.3.Welter Purgatory Acres 1st Additionl (Resolution No.87-161) City Council Minutes 4 June 16, 1987 N. Final Plat Approval of Brody Addition(south of Eden Road and west of Glen Lane(Resolution No.87-162 O. LAVONNE INDUSTRIAL BUILDINGS II AND III,by LaVonne Industrial Park Partnership. 2nd Reading of Ordinance #21-87 from Rural to 1-2 and within the 1-2 District,and 2nd Reading of Ordinance#22-87 from 1-2 Park to R1-22 for LaVonne Industrial Park II and III;Approval of Supptements to Developer's Agreement for LaVonne Industrial Park II and III; and Adoption of Resolution#87-163 Authorizing Summary and ordering Publication of Ordinance#21-87 and Adoption of Resolution#87-164,Authorizing Summary and Ordering Publication of Ordinance#22-87. 95,100 square feet of industrial space within two buildings together with 3 single family lots. Location: East of Chicago Northwestern Railroad, north of Stratford Road,and west of Leesborough Avenue. (Ordinance#21-87,Rezoning from Rural to 1-2 and within 1-2; Ordinance#22-87, Rezoning from 1-2 to R1-22;Resolution #87-163,Authorizing Summary and Publication and Resolution #87-164,Authorizing Summary and Publication) P. Denial of Ridgewood West 6th PUD(Resolution No. 87-178) Q. Approve Plans and Specifications for TH5 Improvements between Prairie Center Drive and Wallace Road(Resolution No. 87-175) R. Final Plat Approval for Mitchell Estates(south of Scenic Heights Road.east of Hiawatha Avenue) Resolution No.87-176 S. Approval of Mutual Aid Agreement with City of Shakopee T. BLUESTEM HILLS 3RD ADDITION,by Brown Land Company. Request for Preliminary Platting of 1.63 acres into three single family lots. Location: South of Bluestem Lane,north of Purgatory Creek. ) City Council Minutes 5 June 16, 1987 Anderson asked the Planning Staff with reference to Item M if the trail corridor is straightened out through that parcel. Director of Planning Enger responded that it was. Bentley pointed out that Item J contains an indemnification clause that was not in previous information. Peterson asked City Manager Jullie if Item J assumes the inclusion of this amendment. Jullie responded that it does. MOTION: Bentley moved, seconded by Peterson,that Item III C be moved to Item X E.3.on the Agenda for further discussion. Motion carried unanimously. MOTION: Anderson moved,seconded by Bentley,to approve the Consent Calendar as amended. Motion carried unanimously. IV. PUBLIC HEARINGS A. THE RIDGE 2ND ADDITION by Dirlam Development. Request for Comprehensive Guide Plan Change from Industrial to Low Density Residential on 6.7 acres and from Public Open Space to Low Density Residential on 12.2 acres, Planned Unit Development Concept Amendment on 41.5 acres, Planned Unit Development District Review on 41.5 acres with Zoning District Change from I-Gen to R1-13.5 on 37.7 acres with variances, Preliminary Plat of 41.5 acres into 70 single family lots,one oiitlot,and road right-of-way. Location: West of Evener Way,South of the Chicago, Milwaukee,St. Paul and Pacific Railroad. A continued Public Hearing from June 2, 1987. (Resolution#87-166,Comprehensive Guide Plan Amendment; Resolution#87-167, PUD Concept Amendment of Crescent Ridge PUD;Ordinance#30-87-PUD-5-87,PUD District Review and Rezoning; Resolution#87-168, Preliminary Plat) City Council Minutes 6 June 16, 1987 I City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Dennis Dirlam,representing proponent, addressed the proposal. Planning Director Enger said the Planning Commission reviewed this proposal at the May 11th and May 26th meetings. At the May 26th meeting the Planning Commission recommended approval on a 4-0 vote subject to Staff recommendations of May 8th and May 22nd,and subject to proponent's plans submitted at the May 15th and May 22nd meetings. Enger referred Council to the May 8th and May 22nd Staff reports. He said revisions have been made for lots with minimum frontage on public street. But there's 3 lots that are less than 85 feet of frontage on 90 degree curves which proponent is requesting variances for and which staff recommends as reasonable. Enger mentioned the trail system for the area and tree replacement. Enger stated proponent talked with him today and Staff is recommending he be allowed to start not more than 5 models in area not to be occupied or sold for occupancy. Peterson asked until what time. Enger said until Dell Road or Evener Way is completed or open for traffic and the other road is under construction. Bentley asked proponent how temporary the temporary lift station would be. Dirlam said they're estimating a 5 to 10 year time for the sewer line to get to the area. }} Bentley asked if there are any alternatives. Director of Public Works Dietz said there isn't. The practice is to have proponent 4_ City Council Minutes 7 June 16, 1987 pay a fee up front for maintenance of the temporary facility until it can be disconnected. Bentley asked if the City of Chanhassen is aware that consideration is being given to using their storm sewer connections. Dietz indicated there was discussion about hooking that sanitary sewer system into that lift station. But that Chanhassen felt that the capacity and length of time were so uncertain that they just couldn't accommodate that. Dietz pointed out that as far as storm sewer goes Chanhassen has storm flow that goes easterly from the area and its the proponent's responsibility to deal with that situation. Bentley mentioned the concern about road connection from the east,in particular Evener Way. He asked how that issue is going to be resolved. Dietz said later in the Agenda there's a petition from Mr. Dirlam requesting a feasibility report be prepared for the extension of Evener Way as well as Dell Road. Dietz said they can accommodate that feasibility study. He also mentioned they expected for a long time that that roadway would be constructed. Dietz mentioned that Round Lake Estates was given plat approval up to the eastern line of this proposed Ridge project. However,when they came through for final plat approval they did it in phases. Approximately 30 percent of the roadway of Evener Way is outside the plat that was approved for the 1st Addition of Donnay's Round Lake Estates. Dietz said the consideration will be whether or not to do a feasibility study and do the project through special assessment. Di City Council Minutes 8 June 16, 1987 Bentley asked if proponent is participating in construction of Dell Road up front or will property owners be assessed along there. Dietz responded that they anticipated some type of special assessment agreement. Dietz said at the conclusion of the feasibility study there would be some definition of what the costs are so an escrow account could be established for future payment. Dietz mentioned their goal is to have feasibility study done and decisions made about construction before the lots change hands. Harris asked if there's been any conversation about time line of developing Evener Way with the developer. Enger said he talked to the Donnay people and they said they may have Evener Way completed within two years. Enger said what is to be considered is a special assessment project that would hurry that process and perhaps have it constructed by mid summer next year,over the objection of the Donnay people. Pidcock asked if Mr.Dirlam is proposing to build 5 models this fall and hold them until next year. Dirlam responded they would like to start development this fall and have models up in the spring. So we'll know this fall is Evener is going to be built and we can coordinate construction with construction of Evener Way. Anderson asked if anybody has contacted the railroad about plans of Dell Road. Dietz said,"no,"and mentioned the first step with the railroad is a permit application. Anderson mentioned that the railroad should be contacted early on so no delays occur there. Anderson asked what the City plans for Dell Road are. Dietz responded there's a sidewalk on one side and a trail on the other and they would expect that to continue through this City Council Minutes 9 June 16, 1987 project. Harris asked what the projection for completion of Dell Road and Evener Way would be if the Council acts positively on the petitions. Dietz responded that Dell Road would be a two-year project. Dietz said Highway 5 will not be constructed by MnDOT until 1991,so there will not be a full intersection at Dell Road and 5 until 1991. Peterson asked if industrial traffic will utilize Evener Way until the Dell Road and Highway 5 intersection is complete. Dietz said they would post that to prohibit that type of activity,industrial truck traffic. Bill Fairbanks, 18586 Kristie Lane,expressed concern over the special assessment and who pays for it. Dietz replied they have a special assessment agreement with Trumpy Homes for the area north of the railroad tracks. The Chanhassen will pay their share and the east side will be paid by the proponent. The figure for the area north of the tracks is$25,000. Mr. Fairbanks asks if that will fall upon the people that have built new homes in that area. Dietz said there's a special assessment agreement for the properties immediately adjacent to Dell Road. And that the special assessment agreement was recorded against the property. Ralph Tully,Attorney at Law,representing the Donnay interests. He referred Council to his letter he submitted. And pointed out their contract with the City under their PUD agreement to do street and utilities on Evener Way. He mentioned they need to go in an orderly manner in development of the project and that it would be very expensive to do otherwise at this time. John Kerber, 18424 Twilight Trail,was concerned about safety City Council Minutes 10 June 16, 1987 at the intersection of Twilight Trail and Dell Road when it's put through. Asked how the traffic will be controlled. Dietz responded it has not been addressed at this time but they will consider it when the project is designed. • Bentley stated he didn't have any problem with the rezoning and the plat. He stated that any second reading should be contingent upon a granting of construction of Evener Way. And the feasibility study should address whether or not it can be' done. Bentley said proceeding with the 1st Reading would be a positive thing because it's a good project. Peterson asked Bentley if his assumption was that the 2nd Reading not be given until after the second full completion of the resolution,i.e.,the feasibility study. Bentley said ordering construction of Evener Way would have to take place prior to a 2nd Reading. Harris said she agreed with the concept and thinks it's a good project. And also agrees to go ahead with the 1st Reading,but should not got to 2nd Reading without some indication that there's going to be an egress. Bentley asked City Attorney Pauly if there's a problem with the delay between 1st and 2nd Reading. Pauly said there wasn't. MOTION: Bentley moved,seconded by Pidcock,to dose the Public Hearing and adopt Resolution No.87-166 approving the Comprehensive Guide Plan Amendment. Motion carried • unanimously. y City Council Minutes 11 June 16,1987 MOTION: Bentley moved,seconded by Pidcock,to adopt Resolution No.87-167 for PUD Concept Amendment of the Crescent Ridge PUD. Motion carried unanimously. MOTION: Bentley moved,seconded by Harris,approve 1st Reading of Ordinance No.30-87-PUD-5-87 for PUD District Review and Rezoning;with the understanding that 2nd Reading will not come until such time as resolution of the feasibility study and construction of Evener Way has come about. Motion carried unanimously. MOTION: Bentley moved,seconded by Harris,to adopt Resolution No.87-168 approving the Preliminary Plat;with the understanding that 2nd Reading will not come until such time as resolution of the feasibility study and construction of Evener Way has come about. Motion carried unanimously. MOTION: Bentley moved,seconded by Harris,to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Motion carried unanimously. B. AMOCO SERVICE STATION Amoco Oil Company. Request for Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 0.94 acres,Zoning District Change from Rural to C-Highway on 0.94 acres,and Preliminary Plat of 0.94 acres into on lot. Location: Southeast corner of Shady Oak Road and Crosstown Highway #62. (Resolution #87-169,Comprehensive Guide Plan Amendment;Ordinance#31-87,Rezoning from Rual to C-Highway;Resolution#87-170,Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. 1 City Council Minutes 12 June 16, 1987 Jim Phillipee,representing the proponent,addressed the proposal. Planning Director Enger said the Planning Commission reviewed this item at the May 26th meeting. The Planning Commission recommended approval of the Comprehensive Guide Plan Amendment. Pointed out this is the second Comprehensive Guide Plan Amendment being reviewed this evening,on the basis of the plans dated April 24th, 1987 and subject to recommendations of Staff report dated May 22nd, 1987. Enger said there's a request for a modification of the location of the pylon sign to meet the 35 foot set back and reduce the sign's square footage to meet code. Enger pointed out this was not reviewed by the Park and Recreation Department. MOTION: Anderson moved,seconded by Bentley,to close the Public Hearing and adopt Resolution No.87-169 approving the Comprehensive Guide Plan Amendment. Motion carried unanimously. MOTION: Anderson moved,seconded by Bentley,to approve 1st Reading of Ordinance No.31-87 for Rezoning. Motion carried unanimously. MOTION: Anderson moved,seconded by Pidcock,to adopt Resolution No.87-170 approving the Preliminary Plat and Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Motion carried unanimously. Peterson stated there's a request dated June 12th to review the decisions of the Board of Appeals relative to Anderson's Garden Shoppe,which didn't get on the Agenda at this point. I City Council Minutes 13 June 16,1987 Bentley asked City Attorney Pauly if we need to publish consideration of an appeal of the Board of Appeals. Pauly responded they can't deal with the substantive issue raised but can set a time for considering it. Pauly referred to the Code and said in his opinion it would be appropriate to set a date within the next 60 days for consideration of the matter and not consider it this evening. He stated it is not a Public Hearing in the sense it has to be published but it is a Public Hearing where parties may appear. MOTION: Bentley moved,seconded by Peterson,to suspend the Agenda and set our next regular Council meeting,which is July 7th,for the purpose of reviewing the appeal for Anderson's Garden Shoppe. Motion carried unanimously. C. LEGION PARK,By R. M. Feerick&Associates. Request for Comprehensive Guide Plan Amendment from Industrial to Community Commercial on 2.9 acres,Zoning District Change from 1-2 to Community Commercial on 2.9 acres,and Preliminary Plat of 9.33 acres into 3 lots and 1 outlot with variances to be reviewed by the Board of Appeals for construction of a 14,400 square foot building. Location: East of County Road#4,north of the Chicago and Northwestern Transportation Railroad. (Resolution#87-171,Comprehensive Guide Plan Amendment;Ordinance#32-87, Rezoning from I-2 to Community Commercial;Resolution#87-172,Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Dick Feerick, representing the proponent,addressed the proposal. Dennis Bertrand,representing the Legion, addressed the 1 City Council Minutes 14 June 16, 1987 Legion's plans for the building. Dan O'Brien,representing the architects,addressed architectural design issues. Planning Director Enger said the Planning Commission reviewed this at the May 26th meeting and recommended for approval on a 4-0-1 vote,Mr.Hallett abstaining, subject to Staff report of May 22nd and materials provided by proponent dated April 28th. Enger mentioned that Staff recommended the landscaping and grading plan be revised to screen parking. Enger said the proponent will have to go through a site plan review by the Planning Commission and City Council prior to development of remaining industrial parcels. Enger mentioned there were some variances required on lot and zone size for Community Commercial Zoning District. They will need to go to the Court of Appeals for those. Bentley asked Mr. Feerick if he understood and agreed any development of the remaining sites would have to go through the review process of the City. Mr. Feerick responded he did. Harris asked what will happen to the current facility on the site. Mr.O'Brien responded it will eventually be destroyed and explained how it will be used during construction. Pidcock asked Mr.Enger about the roof material to be used for the new building. Enger responded it's similar to color-dad material in that it's a galvanized or sheetmetal product that is coated. He explained it's electrostatically coated to resemble cooper and it should be a good durable product. MOTION: Anderson moved,seconded by Pidcock,to close the ,r Public Hearing and adopt Resolution No.87-171 approving the L City Council Minutes 15 June 16, 1987 t Comprehensive Guide Plan Amendment. Motion carried unanimously. MOTION: Anderson moved,seconded by Pidcock,to approve the 1st Reading of Ordinance No.37-87 for Rezoning. Motion carried unanimously. MOTION: Anderson moved,seconded by Pidcock,to adopt Resolution No.87-172 approving the Preliminary Plat and Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. MAJESTIC OAKS by All-Land Corporation. Request for Zoning District Change from Rural to R1-13.5 on 5 acres,Preliminary Plat of 5 acres into 12 single family lots. Location: East of West 168th Avenue,south of Manor Road. (Ordinance#33-87, Rezoning from Rural to R1-13.5;Resolution#87-173, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project had been notified. Steve Pellinen,representing the proponent,addressed the proposal. Mark Lewis,representing the proponent,addressed neighborhood issues. Robert Blunt,representing the proponent,addressed the proposal. Planning Director Enger said the Planning Commission reviewed this item at the May 26th meeting. The main issue was whether there should be a cul-de-sac,as proposed by 4 City Council Minutes 16 June 16,1987 developer,or whether the road should continue on through to 168th Street. Enger said the Planning Commission continued this to the June 8th meeting and asked for input from Public Safety,both police and fire,and from the Engineering Department. Those groups indicated that this proposal met the City policy of continuing through requiring a through road rather than a cul-de-sac. Enger mentioned the concerns of the City of having too many cul-de-sacs. And talked about the City's position on building cul-de-sacs. Enger said the original plan was to have the road continue through to the south,but the Staff pulled back from that recommendation and suggested the road loop out to 168th Street. Enger said the design proposed by the developer does not meet City Standard and does pose difficulties for snow removal. That they are proposing a storm sewer pond in the center of the cul-de-sac. He said if the standard City cul-de-sac were used you would have 7 lots there rather than the 9 that are shown, bringing the total plan to 10 lots rather than 12. Enger said the plan shown tonight is an 11 unit plan and contains a cul-de-sac. And this requires a variance on Lot 2 for lot width. Enger said Staff would support that variance as long as they were assured by proponent that it wouldn't require another variance for lot set back. Enger said that the planning Commission did recommend continuing the road. Director of Public Works Dietz said over the years there have City Council Minutes 17 June 16, 1987 been many efforts to increase the diameter of cul-de-sacs. The problem with increasing diameter is you have more street to maintain and have elected in the past not to proceed with that. He also mentioned putting center islands in and discussed the maintenance of those. Dietz mentioned that it's not the fact that the City Staff is recommending that the road be continued through to 168th Avenue West that creates the hardship on number of lots,it's the cul-de-sac requirement and the shape. He said if the cul-de-sac goes in,it should conform to City standards. Dietz referred to his memorandum that he wrote. He mentioned he sketched a tear drop designed cul-de-sac on the plan that they show and it doesn't seem to make any impact on lot widths. Peterson asked if the northern end of th cul-de-sac is a dead end or is it intended to go through at a later date. Dietz said the existing Manor Road stops at that point and that's an existing roadway. Also mentioned complete detail of the roads are not shown on that drawing. Bentley asked if Staff has had a chance to review this latest proposal. Dietz said they haven't. Enger said this proposal is in response to alternative II that the Planning Commission recommended approval of in the Staff report. Peterson asked what affect either proposal will have on the development of the property and the provision for roads to the south. Enger responded that the property to the south would develop with a through road bisecting it in the center, east to west,from 168th to South Manor Road. Dietz said page 1642 shows a good picture of how that might work. Bentley mentioned that having been involved in previous City Council Minutes 18 June 16, 1987 discussion to the north that he could not go along with the cul-de-sac approach. Bentley said he has concerns about taking action this evening prior to Staff having the opportunity to review it and make recommendations. He feels the matter should be continued. Peterson mentioned that the prevailing attitude of this Council and previous Councils applied here,unless there are insurmountable extenuating circumstances,they generally opt for connecting roads. Harris mentioned concerns about continuing to develop puzzling dead ends. Also concerned that the current cul-de-sac does not meet City Code. Jullie mentioned he had a quick look at the general concept with Mr.Blunt and it is conceptually acceptable and they can support that as a reasonable request and utilization of the property. Peterson mentioned that Staff might be comfortable in a 1st Reading with the alternative and then 2nd Reading contingent upon more careful review of the proposed alternative. Peterson also mentioned pedestrian access to the park. Enger explained how people will get to the park. Enger referred to the number of units per acre you can have in the R1-13.5 district. And said the development with 11 lots is in the relm of feasibility with other developments in town. MOTION: Bentley moved,seconded by Anderson,to continue the Public Hearing for consideration by Staff of the alternative proposal with a through street and 11 lots to the July 7th meeting. Motion carried unanimously. City Council Minutes 19 June 16,1987 V. PAYMENT OF CLAIMS MOTION: Pidcock moved,seconded by Harris,to approve the Payment of Claims Nos.35235 to 35480. Roll call vote: Anderson,Bentley,Harris, Pidcock,Peterson voted"aye". Motion carried unanimously. IV. ORDINANCES&RESOLUTIONS A. AWERSON'S GARDEN SHOPPE,by Don C.and Rita L.Anderson, and H.J.Nyhammer. Request for Comprehensive Guide Plan Change from Low Density Residential to Neighborhood Commercial on 1.01 acres,Zoning District Change from C-Com to N-Com on 0.7 acres and from R1-22 to N-Com on 0.31 acres to be known as Lil'Red.. Also,Comprehensive Guide Plan Amendment from Low Density Residential to Community Commercial on 1.27 acres and Zoning District Change from R1-22 to C-Com on 1.27 acres and from R1-22 to R1-13.5 on 1.86 acres,with variances to be reviewed b y the Board of Appeals,and Preliminary Plat of 3.1 acres into six lots and road right-of-way to be known as Anderson's Garden Shoppe. (Lil' Red—Resolution#87-144,Comprehensive Guide Plan Amendment to Neighborhood Commercial;Ordinance#28-87, Rezoning to Neighborhood Commercial;Anderson's Garden Shoppe--Resolution#87-145,Comprehensive Guide Plan Amendment to Community Commercial;Ordinance#29-87, Rezoning to Community Commercial; Resolution#87-146, Preliminary Plat) City Manager Jullie stated this item was continued from prior agendas at the request of the proponents. The documents are prepared that Council directed. The Board of Appeals and Adjustments reviewed this item at their last meeting. The variance request was denied by the Board of Appeals. City Council Minutes 20 June 16, 1987 Jullie said they are advising that the Board's action affect the ability to utilize the property but not the rezoning process. Bentley said that all the motions should be contingent upon positive resolution of the usage issue relative to the Board of Appeals. Harris asked if that also included resolutions applying to Lil'Red. Enger answered"no". MOTION: Bentley moved,seconded by Anderson,to adopt Resolution No.87-144 for Comprehensive Guide Plan Amendment to Neighborhood Commercial. Motion carried unanimously. MOTION: Bentley moved,seconded by Anderson,to adopt Ordinance No. 28-87 for Rezoning to Neighborhood Commercial. Motion carried unanimously. MOTION: Bentley moved,seconded by Harris,to adopt Resolution No.87-145 for Comprehensive Guide Plan Amendment to Community Commercial with the understanding that 2nd Reading is contingent upon positive resolution of the usage issue relative to the Board of Appeals. Motion carried with Anderson opposing. MOTION: Bentley moved,seconded by Harris,to approve 1st Reading of Ordinance No.29-87 for Rezoning to Community Commercial with the understanding that 2nd Reading is contingent upon positive resolution of the usage issue relative to the Board of Appeals. Motion carried with Anderson opposing. MOTION: Bentley moved,seconded by Harris,to adopt Resolution No. 87-146 approving the Preliminary Plat with the understanding that 2nd Reading is contingent upon positive resolution of the usage issue relative to the Board of Appeals. Motion carried with Anderson opposing. • I City Council Minutes 21 June 16, 1987 MOTION: Bentley moved,seconded by Harris,to recommend that Staff prepare a Developer's Agreement per Council and Staff recommendations. Motion carried with Anderson opposing. VII. PETITIONS.REQUESTS&COMMUNICATIONS A. Townline Road- Reviewpreliminary concept layout plan (Resolution No.87-156) Director of Planning Dietz reviewed the plans for Townline Road. He said he feels the road needs to be built for the residents as welt as through traffic. He stated the project would be open for bids in 1989 at a cost of$7.4 million. The center section would be open for bids in 1991 at a cost of$7.8 million. Dietz went on to discuss the traffic levels at the different segments of construction. Dietz stated that the resolution would not necessarily give final approval to the whole project but to get County to build it as soon as possible. Pidcock asked if when 62 is completed to Baker Road won't the traffic increase dramatically. Dietz replied that it probably would,but it's County's goal to have a signal in this area by that time. Dietz also stated that County is knowledgeable on what the traffic projections are going to be and are going to construct traffic control devices with the project. Harris asked what Minnetonka's objection was to continue with the median. Dietz referred to the objections of the SAVE A City Council Minutes 22 June 16, 1987 group. He said Minnetonka is responding to the citizens and trying to mediate a difficult situation. Harris asked if there's a center turn lane for the road,which direction is going to have the turn lane. Dietz said it would be a continuous left turn lane and you both would use the same center lane. Anderson pointed out the tremendous need for this roadway. But by building a two lane roadway you're not thinking to the future. Peterson pointed out the fact that two lanes is a long construction period and then 5 years later they come with two more lanes,you've got ten years of construction. Harris pointed out her experience with the continuous left turn lane as pure fright. And asked for statistics relating to the number of accidents with that configuration. Bentley said he thinks it's a very serious mistake to go with a three lane roadway there. He feels a four lane road or two lane road would be a better alternative. Peterson said for the benefit of the residents we would have to strongly encourage the County to provide an adequate facility and something that will last for 20 years and not 5 or 6. Peterson said that the SAVE organization and residents of the area were notified by Staff. Peterson said they are considering a proposal of Resolution that would amend layout number 6 encouraging them to continue the use of the center median for the entire length. City Council Minutes 23 June 16, 1987 I MOTION: Bentley moved,seconded by Anderson,to adopt Resolution No.87-156 and to add Item E,which would state the City encourages the design to include a full four lane facility throughout the length of the proposed improvement. Motion carried unanimously. B. Receive petition for street and utility improvements for extension of Evener Way and authorize preparation of a feasibility study.I.C.52-125(Resolution No.87-153) Director of Public Works Dietz said this needs a Resolution to authorize a feasibility study. He said as proposed the proponent would build the entire segment of Evener Way through the project by feasibility study or the public improvement. Mentioned the only issue is the timing as it relates to the Donnay people. Bentley said by ordering a feasibility study is by no way an ordering of the project itself. And hoped that the two parties involved would have some conversation relative to this issue. Ralph Tully,Attorney for Donnay,asked if they understood Donnay's position on this and was willing to answer any questions. MOTION: Bentley moved,seconded by Anderson,to adopt Resolution No.87-153. Motion carried unanimously. C. Receive petition for street.storm sewer and bike path improvements for Dell Road adjacent to The Ridge 2nd Addition and authorize preparation of a feasibility study. I.C.52-126 (Resolution No.87-154) Director of Public Works Dietz said they would recommend adoption of the Resolution requesting a feasibility study on the project. City Council Minutes 24 June 16, 1987 MOTION: Bentley moved,seconded by Pidcock,to adopt Resolution No.87-154. Motion carried unanimously. D. Authorizing issuance of footing permit and directing Staff to prepare documentation for Holasek House. City Manager Jullie said the proponents on the project are the people that operate Camp Eden Wood. And they have gotten the permission of the Board of Appeals to move the house. Since its the City's property the Council needs to approve that action. Jullie said there needs to be an amendment with the lease agreement that they have with MRC that operates the camp. Jullie said they're suggesting Council to authorize Staff to issue a footing permit for that project. Harris asked if there are any costs to the City in terms of the move. Jullie said there would be no costs associated with this. Bentley asked who would maintain the house. Jullie said it would be under Camp Eden Woods operation and maintenance. Bentley asked what happens if they go out of business. Mr. Gode responded that any improvements they have made on the property revert back to the City. MOTION: Pidcock moved,seconded by Anderson,to adopt Resolution No.87-186 to authorize issuance of footing permits to move the Holasek House onto Birch Island Park property and to direct Staff to prepare the documentation and continue that portion to the July 7th meeting. Motion carried unanimously. i City Council Minutes 25 June 16, 1987 VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS There were none. X REPORTS OF OFFICERS,BOARDS&COMMISSIONS A. Reports of Council Members 1. City's Water Situation Anderson expressed his concerns about the lack of water and wanted to know what's down the road if this drought continues. City Manager Jullie said they'll have to think about what they'll do with the odd/even schedule,assuming no mechanical breakdowns. Jullie said if everyone under the odd/even schedule took advantage of it,they would have problems. Pidcock asked what was being done for the automatic sprinkler systems that are running all the time. Dietz said they might have to give citations out to get everyone's attention. He said to try to get it to work as best as possible they need to give better enforcement to the ordinance. Dietz said if we go to odd/even from noon to seven and everyone waters,they don't have enough water to do that. Harris asked what the reserve water level was. Dietz said the Baker Road tank contains two million gallons, Hidden Ponds City Council Minutes 26 June 16, 1987 I has a million and a half,and two million gallons at the water plant. One of which they have valved off in case of a fire emergency. Dietz said the system is designed to supply peak demands,but they're a little short of being able to do that now. The expansion will be on line in April of 1988. Anderson mentioned that maybe new developers hold off sodding until fall or until there's more rain. He also mentioned he did not want to go to a total ban. Anderson suggested that Council continue with the odd/even days and noon to seven ban. Also ask Public Safety and the Fire Department to issue warning tickets informing people of the restrictions. Peterson suggested they have no sprinkling from seven a.m.to seven p.m.everyday for everybody. And mentioned that this is an impending crisis. Harris said she wasn't sure people really adhere to the ban. Said the letter to all residents is very important. MOTION: Bentley moved,seconded by Harris,to continue with the odd/even days and have a ban from nine a.m.to seven p.m. Motion carried with Peterson opposing. MOTION: Anderson moved,seconded by Harris,to send out the letter,that they give warning tickets,and those people who have not complied and have got a warning ticket be cited for violation of City Ordinance. Motion carried with Bentley opposing. B. Report of City Manager City Council Minutes 27 June 16,1987 I City Manager Jullie informed Council of his upcoming vacation. C. Report of City Attorney City Attorney Pauly advised Council of a case decided by the United States Supreme Court,opinion issued last week, regarding land use regulations. D. Report of Director of Planning There was none. E. Report of Director of Community Services 1. Request authorization to hire Architect to prepare plans and specifications to bid for repair of Community Center Bentley referred to repairs as outlined in Mr. Lamberts memo. He said at this time he would consider not to add the three racquetball courts. Lambert stated it would be$65,000 for design and inspection fees for just doing the natatorium and the north wall of that racquetball court to make it useable. Bentley asks if they need to approve dollar amount at this time. Lambert stated that would be approved when the contract is approved. MOTION: Bentley moved,seconded by Harris,to approve authorization to hire architect to repair Community Center,with the exception of Item 4 on the recommendation. Motion carried unanimously. 2. Approve proposed revisions to rental.program and membership fees at the Community Center(Resolution Ii City Council Minutes 28 June 16, 1987 I No.87-177) MOTION: Anderson moved,seconded by Bentley,to approve Resolution No.87-177. Motion carried unanimously. 3. Approve Eden Prairie High School request for pool time Bentley said the Park Commission recommended to leave it as is as far as the policy. Which is City program and open swim number one,high school second,and Fox Jets or any other club third. So recommended that the high school be able to extend into the Fox Jet time and the Fox Jets cannot extend into open swim time. Anderson pointed out the the swimming program for the school only lasts three months and the Fox Jets goes all year. } MOTION: Bentley moved,seconded by Pidcock,to adopt Item III C.from the Consent Calendar. Motion carried unanimously. F. Report of Director of Public Works 1. TH 212 Environmental Impact Statement Joint Powers Aareement(Resolution No.87-155) MOTION: Bentley moved,seconded by Pidcock,to adopt Resolution No.87-155. Motion carried unanimously. XI. NEW BUSINESS There was none. City Council Minutes 29 June 16, 1987 I XII. ADJOURNMENT MOTION: Bentley moved,seconded by Pidcock,to adjourn the City Council meeting at 11:35 p.m.to a closed session with City Attorney Pauly to discuss matters of litigation. • if CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST July 7, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) GAS FITTER Arndt Construction Company Crown Plumbing Copeland-Mithun, Inc. Diversified Mechanical Services Maertens-Brenny Construction Loop Belden Porter, Inc. Morcon Construction, Inc. Voss Plumbing & Heating Co. CONTRACTOR (1 & 2 FAMILY) HEATING & VENTILATING Richard Best Homes, Inc. H. Conrad Mfg. Co. Design Construction Services Diversified Mechanical Services G.A.P. Construction Jim Koopman Heating & Air Conditioning R. Giles Builders, Inc. Sunset Heating & Air Conditioning MJM Additions Cris Miller Homes Mulrennan Construction Ltd. CIGARETTE Panelcraft, Inc. Prestiige Pool & Patio Service America Corporation Michael Sharratt Homes Spirit Wings Construction GAMBLING (RAFFLE) T & L Builders, Inc. Twin City Swiss-American Association PLUMBING Staring Lake Park 8-1-87 (Note: State will issue license unless City objects.) Affordable Plumbing & Heating All State Plumbing & Heating Crown Plumbing Loop Belden Porter, Inc. Riven Plumbing Voss Plumbing & Heating Co. These licenses have been approved by the department heads responsible for the licensed activity. 0J- Pat Soli , Licensing 1 3 CITY OF EDEN PRAIRIE EDEN PRAIRIE, MINNESOTA RESOLUTION NO.87-193 PROCLAMATION WHEREAS, the United Way of Minneapolis Area currently provides funding to more than 350 programs in 108 agencies, many located in and serving suburban communities. For example, in the Eden Prairie area agencies which service the community include the Storefront/Youth Action and the American Cancer Society provide programs ranging from individual and group counseling for victims of physical and sexual abuse to services for cancer patients; and WHEREAS, the efforts of thousands of community volunteers enable the United Way to maintain fundraising and administrative costs under nine cents to a dollar; and WHEREAS, in 1987 funds are being distributed to quality programs that reach more people in suburban communities. The United Way works with county planning boards and private planning groups to identify gaps in services in a continuing effort to meet the comprehensive needs of people in the six county service area; BE IT RESOLVED that the Mayor and City Council of Eden Prairie hereby support United Way's community campaigns during the week of August 17, 1987, in the city of Eden Prairie and encourage local businesses and their employees to participate in this event. ADOPTED BY THE EDEN PRAIRIE CITY COUNCIL THIS 7TH DAY OF JULY, • 1987. Mayor Gary D. Peterson PMH:fm:pb 6/30/87 k_ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-195 A RESOLUTIDN APPROVING FINAL PLAT OF BLDSSOM RIDGE WHEREAS, the plat of BLOSSOM RIDGE 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 BLOSSOM RIDGE is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JUNE 29, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on JULY 7, 19B7. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk �. CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: June 29, 1987 SUBJECT: BLOSSOM RIDGE PROPOSAL: The Developers, G.W. Pearson and Harold Johnson, have requested City Council approval of the Final Plat of Blossom Ridge. Located south of Blossom Road east of Bennett Place, the plat contains 3.07 acres to be subdivided into five (5) single family lots and street right- of-way for roadway purposes. The remaining parcels of lots 14, 15 & 16 shall be included in this plat either as a lot or an outlot along with 16.5' of additional right-of-way for Bennett Place. HISTORY: The Preliminary Plat was approved by the City Council April 21, 1987 per Resolution #B7-86. Second reading of Ordinance 15-87, changing zoning from RI-22 to R1- 13.5, is scheduled for the City Council meeting to be held July 7, 1987. The Developer's Agreement, referred to within this report, is scheduled for execution at the July 7, 1987 City Council meeting. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal streets and utilities within the plat will be installed by the Develoer in conformance with City Standards. A City Improvement Contract for the upgrading of Bennett Place and Blossom Road is scheduled to be bid July 16, 19B7, with construction to begin shortly thereafter. To avoid duplication of street names, "Blossom Ridge" should be renamed. BONDING: Bonding must conform to City Code requirements and be provided prior to release of the Final Plat. PARK DEDICATION: Park dedication shall conform to the requirements of the Developer's Agreement and City Code. 1 PAGE TWO BLOSSOM RIDGE JUNE 30, 1987, RECOMMENDATION: Recommend approval of the Final Plat of Blossom Ridge subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee of $768.00 2. Receipt of street sign fee of $364.00 3. Receipt of engineering fee of $200.00 4. Revision of plat to include remaining parcel and right-of-way dedication for Bennett Place. 5. Revision of street name 6. Satisfaction of bonding requirements JJ:ss cc: G.W. Pearson Harold Johnson Frank Cardarelle CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-199 A RESOLUTION APPROVING FINAL PLAT OF PRAIRIE BLUFF WHEREAS, the plat of PRAIRIE BLUFF 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 PRAIRIE BLUFF is approved upon compliance With the recommendation of the City Engineer's report on this plat dated JUNE 30, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. AOOPTED by the City Council on JULY 7, 1987. Gary D. Peterson, Mayor ATTEST: SEAL • John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Senior Engineering Technician DATE: June 30, 1987 SUBJECT: PRAIRIE BLUFF PROPOSAL: Cardarelle and Associates, Inc. have requested City Council approval of the Final Plat of Prairie Bluff located south of County Road 1 (Pioneer Trail) north of Bluffs East Fourth Addition and east of Franlo Park in the North 1/2 of Section 36. The site contains 8.5 acres to be divided into 17 single family residential lots and 2 outlots. Outlots A and B will initially be used to provide temporary roadway access to Pioneer Trail. Ownership of these Outlots will be retained by the Developer and will eventually be replatted with adjacent properties or into right-of-way if necessary. Upon completion of access connections on Franlo Road and Lee Drive, the temporary Pioneer Trail access will be revised to coincide with future reconstruction of Pioneer Trail. HISTORY: The Preliminary Plat was approved by the City Council on June 2, 1987 per Resolution 87-123. Ordinance 27-87 zoning the property to R1-13.5 is scheduled for second reading by the City Council on July 7, 1987. The Oeveloper's Agreement referred to within this report is scheduled to be executed on July 7, 1987. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, streets and walkways within the plat will be installed by the Developer in conformance with City Standards. The Developer will also be responsible to construct the temporary roadway access to Pioneer Trail concurrent with construction within the plat. Roadway easements over the Outlots will be necessary. All construction plans must be approved and easements received by the City Engineer prior to release of the plat. The Developer has petitioned the City to provide a feasibility study to detemine necessary area storm sewer improvements. The Developer must confer with the Director of Public Works to determine the need for a Special Assessment Agreement. If needed, the agreement must be executed prior to release of the plat. 9q 1 /1 1 PAGE 2 PRAIRIE BLUFF June 30, 1987 BONOING: Bonding must conform to City Code requirements and be provided prior to release of the plat. PARK DEDICATION: Park dedication shall conform to the requirements of the Developer's Agreement and the City Code. RECOMMENDATION: Recommend approval of the Final Plat of Prairie Bluff subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $562.00 2. Receipt of street lighting fee in the amount of $2,099.0D 3. Receipt of engineering fee in the amount of $680.00 4. Receipt of necessary roadway easements 5. Satisfaction of bonding requirements 6. Execution of Special Assessment Agreement DLO:ss cc: Pemtom Company Frank Cardarelle • 2 j . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-196 RESOLUTION AUTHORIZING PERMIT APPLICATION FOR CARDINAL RIDGE WHEREAS, the proposed sanitary sewer to be constructed in Cardinal Ridge requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: The City Engineer is hereby authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the Metropolitan Waste Control Commission. ADOPTED by the Eden Prairie City Council on July 7, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk CHANGE ORDER NO. 1 I.C. 52-033A HOMEWARD HILLS ROAD TO: Rice Lake Contracting The City proposes to make the following changes for work performed by this contract: NATURE OF CHANGES 1. The 8" DIP watermain which crosses the creek and surrounding wetland needs to be protected from the corrosive soil conditions by using poly-wrap. 2. The backfill material around the box culvert needs to be removed due to a high silt content and replaced with granular backfill. 3. According to the specifications, a granular borrow site at Homeward Hills Park was designated to haul 3000 c.y. of granular material to the project. Due to some additional muck excavation, an extra 2559 c.y. of granular was hauled to the Homeward Hills Road project. An additional trucking expense is required to move this material. Also, subgrade soils at the north end of the project were saturated silty clays. In order to provide a stable subgrade, it is recommended that one to two feet of this material be removed and replaced with granular material. The excavation and geotextile fabric (if used) are covered under existing bid items. However, the granular borrow needs to be hauled in and a separate price provided. 4. Water services are being provided for two residents at the corners of Homeward Hills Road and Sunnybrook Road for their convenience. The services are basically replacing existing or proposed services off of Sunnybrook Road. ADJUSTMENTS TO CONTRACT COSTS 1. Add the following quantities and costs to the contract: Poly-wrap 8" DIP watermain 680 L.F. $1.00/L.F. $68D.00 2. Add the following quantities and costs to the contract: 5800 Link Belt Backhoe w/Operator 4.5 hrs $135.00/hr $607.5D 690 John Deere Backhoe w/Operator 1.5 hrs 85.00/hr 127.50 966 Cat Loader w/Operator 4.5 hrs 85.00/hr 382.50 172 PD Bomag Compactor w/Operator 3.0 hrs 45.00/hr 135.00 Wacker Tamper 3.0 hrs 8.00/hr 24.00 Laborers 3.0 hrs 24.50/hr 73.50 Foreman w/Pickup 4.5 hrs 38.50/hr 173.25 Overhead and Profit 236.10 TOTAL $1,759.35 ' I Page 2 CHANGE ORDER NO. 1, I.C. 52-033A 3. Add the following quantities and costs to the contract: Trucks 85.3 hrs $ 38.00/hr $3241.40 Common Excavation 800 c.y. 2.65/cy 2120.OD Granular Borrow 1440 Ton 4.82/ton 6940.80 TOTAL $ 2I ,302.20 4. Add the following quantities and costs to the contract: 1" Copper Service Pipe 95 L.F. $ 14.OD/LF $1330.00 3/4" x 1" Corporation 2 Each 40.00/Ea 80.00 1" Curb Stop & Box 2 Each 100.00/Ea 200.00 TOTAL 17737,756 SUMMARY OF CONTRACT ADJUSTMENTS Contract Amount Prior to this Change Order $370,456.40 Net Increase Resulting from this Change Order 16,351.55 Current Contract Amount Including this Change Order 386,807.95 THE ABOVE CHANGES ARE APPROVED City of Eden Prairie City of Eden Prairie By By Date Date THE ABOVE CHANGES ARE ACCEPTED Rice Lake Contracting By Date ( 1.). 2 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESDTA RESOLUTION NO. 87-197 A RESOLUTION DECLARING OUTLOT 1, CLAREDON PARK, TO BE SURPLUS AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE DOCUMENTS RETURNING SAID PARCEL TO HENNEPIN COUNTY WHEREAS, the City of Eden Prairie obtained Outlot 1, Claredon Park, as a tax forfeited parcel for park and street right-of-way purposes; and WHEREAS, an inspection of the parcel reveals that the parcel is totally unsuited for such a use; and WHEREAS, said parcel is unbuildable because of its size and is currently being used as a part of a parking lot for the adjoining property owner J.S. Braun; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL AS FOLLOWS: I. That Outlot 1, Claredon Park, is declared to be unsuitabel for park and street right-of-way purposes and is therfore declared to be surplus. 2. That the Mayor and City Manager are authorized and directed to execute the reconveyance which is attached hereto as Exhibit "A". 3. That said application is to be delivered to the Finance Division of Hennepin County with directions that said parcel should be offered to the adjoining property owner J.S. Braun because the parcel is unbuildable. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk J77 - MEMORANDUM - TO: Mayor and City Council FROM: Eugene A. Dietz DATE: June 30, 1987 RE: Reconveyance of Surplus Parcel Outlot 1, Claredon Park Attached for your review are copies of correspondance and the appropriate documentation to reconvey a surplus parcel to Hennepin County. A number of years ago, the City received Outlot 1, Claredon Park as a result of tax forfeiture proceedings. The law provides that the City may utilize the property for streets or park purposes. However, as a result of surveying the property owned by Braun Engineering and Testing Company, it has been determined that Braun has been utilizing a portion of this property for their parking lot. Except for easement purposes for an existing watermain, the City of Eden Prairie has no particular use for this property and Staff concurs that placing it in private hands would be the most effective use of the parcel. The only way in which this transaction can occur is through the reconveyance process back to Hennepin County -- the City may not convey it directly to Braun because of the restrictions of utilizing the tax forfeit property for park and street purposes only. The City will retain easements for the watermain, but eventually the ownership will by Braun Engineering and Testing Company. Staff recommends that the resolution be approved authorizing the reconveyance. EAD:ss , Deeemn.,el Resenve Form No.en 976{Rm.11/751 Acores]be Ammo General 7•7041.6 RECONVEYANCE OF PORTIONS OF FORFEITED LANDS TO STATE OF MINNESOTA BY GOVERNMENTAL SUBDIVISIONS WHEREAS,Pursuant to Minnesota Statutes,Section 282.01,Subdivision 1,the STATE OF MINNESOTA,u trustee under Minnesota Statutes,Section 281.25,on the 17th day of October 19 80 ,conveyed to rho C1 of ➢Ann Prat el a governmental subdivision,certain lands,of which the lands hereinafter described are a portion,to be used for an authorized public use,and WHEREAS, Said governmental subdivision has failed to put the lends hereinafter • described to the public use for which it was conveyed and the governing body thereof has authorized the proper often to convey the same to the State of Minnesota,as ouch trustee, NOW.THEREFORE,This indenture,made this day of 19BZ,between the etry of Felon Peet et a governmental subdivision of the State of Minnesota,as party of the feet part,and the State of Minnesota,as trustee as hereinafter set forth,as party of the second pert, WITNESSETH,That the sold party of the fret part.In consideration of the premises and other valuable considerations,the receipt whereof is hereby acknowledged,does hereby Grant,Bar- gain.Quitclaim and Reconvey unto the said party of the second part ail the tract or parcel of land lying and being in the County of Hennepin in the State of Minnesota,described as follows,to-wit: Outlot t. Claredon Park in trust u provided by Minnesota Statutes.Section 281.25,upon like conditions and with like effect as if said lands had not been conveyed to said party of the first part as aforesaid. TO HAVE AND TO HOLD THE SAME.Together with ell the hereditament*and appurtenances thereunto belonging or in anywise appertaining,to the said party of the second part and its successors and ensigns.Forever. Di TESTIMONY WHEREOF,Said party of the Mt part has caused these presents to be executed In its corporate name by ita Mavor end its City Manes or and its corporate sty to be hereunto armed the day and year first above written. In Presence of: City of Eden Prairie hale of OoverammW asMenem By • Its By Its STATE OF MINNESOTA COUNTY OF f ea OD tble day of 19_11Z,before me, s Notary Public within and for said county,personally appeared Gary n Perot-coo and reel 7..11 re to me personally known,who,being each by me duly sworn say that they an respectively the Mavor and the City Manager of the governmental subdivision named in the foregoing instrument,and that the Neal affixed to • said instrument is the corporate seal of mid governmental subdivision.and that said instrument was signed and sealed in behalf of maid governmental subdivision by authority • of its City Council and said Cary D. Peterove and Carl Jullie acnowldged said instrument to be the flee set and deed of said governmental subdivision • APPROVAL The unner➢gned,acting Jul the Commissioner of Revenue of the Maloof Minnesota.under delegation of authority duly tied w,M the 5ecaelary of Sum.does Noel,approve the foregoing conveyance la the Slal.of Minnesota. Dated• STATE OF MINNESOTA • In the Presence of: • Commenion.et Revenue 9y J \ • • • CV al k )) ' 4.J Mr n ■Ike» \ 4't 2 < 2..,-. w k . . mB//\ v \ \ o §ke°- 0 z % ■..ilOA § j 2 Rd0 2 g;4W )w • - ■ k oo. /j ) \ u§f}2/ V u t r , k2k§(} v < \ . Q / ) §« © eo -6 _ wo = l " ; • 004 07 VA y k/§ Q0 ) 1. ..] P.P.s -- E. § . ƒ• & • czk/0\0 Z ¥ }� ;) ` i. . /@?2§R & . / \ } 0� To 7@§k� w _ z �k A I La^=." o § 2 »o 1 ( k \E��;, E. a ° {2 � Ek ) §eE §& 1i § ) off!} A �� { c4.J = ; ` } § / > (Ia. ;= §§5 1 ® ; .0 ai k } cw■ { § t 3 k k2% &i I - MEMORANDUM - TO: Mayor and City Council FROM: Eugene A. Dietz Director of Public Works • DATE: July 1, 1987 • RE: CHAIN OF LAKES CONSTRUCTION AND FUNDING AGREEMENT The attached agreement between the Watershed District and the City regarding the Chain of Lakes construction project is complete in all respects except that it does not address the issue of interest rates for financing the project. Specifically, the agreement provides that the City of Eden Prairie will finance the project with the Watershed District using revenues generated from ad valorem taxes on a repayment schedule of approximately four (4) years. We are presently negotiating with the Watershed District to settle on an interest rate for this service and expect to agree at about 6%. If the actual negotiation changes this amount I will report that information to the City Council on Tuesday night. Otherwise, I would request that you approve the agreement with the specific understanding that a new paragraph will be included in the document regarding interest rate provisions prior to execution by the Mayor and City Manager. EAD:ss • • 7L) ROUND LAKE TO STARING LAKE CHAIN OF LAKES OUTLET PROJECT CONSTRUCTION AND FUNDING AGREEMENT THIS AGREEMENT made effective this day of 1987, by and between the RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT, a Minnesota municipal association (the "District"), and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation (the "City"). WHEREAS, the District was formed for the purpose of establishing an agency to plan water courses and lakes and adjacent flood plain and shoreline lands within the jurisdiction of the District; and WHEREAS, the City has developed a drainage plan providing for the management of lake levels of certain landlocked lakes . lying within the City and the District, namely Round Lake, Mitchell Lake, Red Rock Lake and McCoy Lake (collectively "Round Lake to Staring Lake Chain of Lakes"); and WHEREAS, by Petition dated March 5, 1985, the City petitioned the District to construct the Round Lake to Staring Lake Chain of Lakes Outlet Project ("Project") to manage fluctuating lake levels, which Petition was approved by the District on April 3, 1985; and WHEREAS, the District authorized the Project on November 20, 1986; and WHEREAS, Barr Engineering Co., as engineer for the District, has prepared plans and specifications for the Project that have been approved by the District and the City (collectively "Plans"); and WHEREAS, the District and the City desire to set forth their agreements with respect to their respective responsibilities for construction and funding of the Project. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, IT IS AGREED: 1. Easements. The District and the City shall diligently proceed to obtain all temporary and permanent easements necessary to construct, operate and maintain the Project in accordance with the Plans. Such easements shall be obtained pursuant to Easement Agreements in form and substance similar to the agreement attached hereto as Exhibit A. To the extent possible, existing drainage and utility easements will be utilized in constructing the Project and the City hereby consents to the use of such drainage and utility easements. All Easement Acquisition Costs (as that term is defined in paragraph 5 hereof) shall be shared by the City and the District as set forth in paragraph 5 hereof. In the event that any landowners are unwilling to grant such easements to the City and the District, the City and the District shall jointly and in cooperation with each other commence proceedings to take such easements by eminent domain and the costs of such takings shall be shared by the City and the District as set forth in paragraph 5 hereof. Any and all easements will be obtained in the name of the City and the City hereby unconditionally grants to the District the right to use such easements in constructing the Project. -2- r�.on 2. Construction of the Project. The District shall irhave the responsibility and authority to construct the Project on behalf of the City in accordance with the Plans, including but not limited to inviting and letting bids for the construction work, monitoring the construction work and the progress of the Project and obtaining all necessary permits to construct the Project. The District shall pay for all costs of constructing the Project as set forth in paragraph 6 hereof, provided, however, that the costs of those items set forth in Exhibit B hereto shall be shared by the City and the District in the percentages set forth therein. 3. Additional Work. Any item of work associated with the Project but not included in the Plans ("Additional Work"), shall not be contracted for or commenced without (a) the prior written consent of both the District and the City; and (b) a written agreement between the District and the City as to the sharing of costs of the item of Additional Work between the District and the City, it being understood that at the date of this Agreement the District has not agreed to pay for any Additional Work but has expressed a willingness to g pay a share of the costs of such Additional Work if, in the District's sole discretion, such Additional Work is warranted. Any and all costs attributable to any item of Additional Work shall be paid for promptly by the City. The District shall reimburse the City for its agreed upon share of the costs of any item of Additional Work (the "District's Share") in accordance with the provisions of paragraph 7 hereof. -3- 4. Maintenance of Project. Upon completion of any portion of the Project, the City shall have sole responsibility for repairing, maintaining and operating such portion of the Project and the District shall have no further responsibility for such portion of the Project other than for reimbursement of costs as set forth in paragraphs 6 and 7 hereof. Upon completion of construction of the Project, the District shall assign all construction warranties to the City. 5. Payment of Easement Acquisition Costs. The City shall be responsible for and shall promptly pay any and all costs incurred to acquire the temporary and permanent easements including, but not limited to, payments to landowners, engineering fees, attorneys' fees, title reports, appraiser fees, and, in the event of condemnation, any and all court fees, attorneys' fees, appraiser fees and commissioner fees (collectively "Easement Acquisition Costs"). The District shall reimburse the City for twenty-five percent (25%) of all Easement Acquisition Costs (the "District's Share") in accordance with the provisions of paragraph 7 hereof. 6. Payment of Construction Costs. The City shall promptly pay any and all construction costs, including but not limited to contractor and subcontractor fees, cost of preparing plans and specifications, feasibility and engineering reports, engineering and attorneys' fees, contract supervision and inspection work. The District shall reimburse the City for all -4- /?'! E;1 such construction costs, except for the City's share of certain items as set forth in Exhibit B hereto and except for the City's share of any additional work ("District Construction Costs"), in accordance with the provisions of paragraph 7 hereof. 7. Reimbursement. The District shall reimburse the City for District Construction Costs from revenues collected from the District's special levy for the Project, which levy was approved at the District's special meeting on November 20, 1986, and assessed to landowners beginning with ad valorem real estate taxes due and payable in 1987 ("Project Levy"). Upon receipt of all or a portion of the Project Levy proceeds, the District shall pay the same to the City within thirty (30) days after payment of Project Levy proceeds to the City, the City shall submit to the District an itemized statement detailing the application of the proceeds to reimbursement for the District Costs. The District shall continue to obtain Project Levy proceeds and pay the same to the City until the City has been completely reimbursed for all District Construction Costs. 8. Books and Records. The City shall at all times maintain accurate books and records of all contracts, invoices, receipts, payments and reimbursements made or received with respect to the Project. Upon prior notice of the District, the City shall make such books and records available to the District for inspection by the District or its agents. -5- 9. Notices. All notices given pursuant to this Agreement or required hereunder, shall be given by hand delivery or via the United States mails. All notices shall be deemed to have been given upon the receipt of the same by the party receiving notice. All notices shall be delivered or mailed to the parties at the following addresses or such other address as a party may from time to time designate in writing to the other: To the City: City of Eden Prairie Attn: To the District: Riley-Purgatory-Bluff Creek Watershed District Attn: With a copy to: Frederick S. Richards, Esq. 3300 Piper Jaffray Tower Minneapolis, MN 55402 And a Copy To: Robert Obermeyer, P.E. Barr Engineering Company 7803 Glenroy Road Minneapolis, MN 55435 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and made effective as of the day and year first above written. -6- RILEY-PURGATORY-BLUFF CREEK WATERSHED DISTRICT By Its By Its CITY OF EDEN PRAIRIE By Its By Its 5780N �l -7- 41 • • EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made this 1987, by and between day of (maritaatat_s1 for themselves, their heirs, interests, suc and' assigns (hereinafter referred to as Prairie (hereinafter referred to as then"City"), and the City of Eden Y"). WHEREAS, the City requires certain easements for construction and maintenance of certain drainage improvements and surface water outlets within the City known as the Round Lake to Staring Lake Chain of Lakes Outlet Project (the "Project"); and WHEREAS, Grantors are the fee title holders of the property located at the parcels through which the Proct be constructed and legally e in the City, which is one of described as: s to (the "Property"). • NOW, THEREFORE, for good and valuable consideration, IT IS AGREED: 1. Authorized Easements Granted. Grantors, do hereby grant to the City and its agents and representatives, the right, privilege, easement and authority to install, operate, maintain, repair, or remove storm sewers and other surface water drainage improvements deemed necessary by the City across the following described easements over the Property: a. Permanent Easement. b. Temoor ary Easement 1989. Z Duration. Permanent EasementoshallEbeeperpetual. tBothneasemonentsn The shall run with the land and extend to and bind the heirs, representatives, • successors and assigns of the parties hereto respectively. • 3. Covenant of Ownershi . The Grantors hereby represent and warrant to the City that they are the lawful owners of the Property, and that the Property is free and clear of all encumbrances except a mortgage, if any, in favor of a mortgagee who has consented to the easements granted by this Agreement. 4. Covenants of City In consideration of the easements granted hereby, the City agrees to: a. Upon com maintenance of thepProject, the coofand after any repair oro Y will restore the property to as good or better condition as it was construction or prior mae tens ce the initial prior to any such repairor or maintenance. Such restoration will not include replacement of earth moved or restoration of improvements or vegetation which would tend to interfere with the City's use of the easements for the purposes described above. e VOMIT A :�i I} O'er 9 • • fl b. During construction, repair or maintenance of the Project, the City shall indemnify and compensate Grantors for any injury or damage to Grantors' property not contemplated by this Agreement and occasioned by or arising from the use of the easements by the City. c. In its use of the Property, the City shall comply with all Federal, State and local laws and regulations. IN WITNESS WHEREOF, the Parties have executed this Agreement. • GRANTORS: • CITY OF EDEN PRAIRIE By: Its • • And By: Its Jj STATE OF MINNESOTA ) ) as. COUNTY OF On this day of , 19 , before me, a Notary Public, within and for said County and State, personally appeared and husband and wife, to me known to be the same persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. Notary Public STATE DF MINNESOTA ) ss. COUNTY OF HENNEPIN ) This instrument was acknowledged before me, a Notary Public, on this day of , 1987, by and , the and , respectively, of the City of Eden Prairie. • Notary Public This instrument was drafted by: POPHAM, HAIR, SCHNOBRICH 6 KAUFMAN, LTD. 3300 Piper Jaffray Tower Minneapolis, Minnesota 55402 (612) 333-4800 5916N • • -2- ROUND LAKE TO STARING LAKE CHAIN OF LAKES OUTLOT PROJECT CONSTRUCTION COSTS TO BE SHARED BY DISTRICT AND CITY District's City's Item Share Share 5942N EXHIBIT B • ('4 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 999 RESOLUTION NO. 87-198 N & NW LICENSE AGREEMENT CHAIN OF LAKES STORM SEWER CRDSSING WHEREAS, the Riley-Purgatory-81uff Creek Water Shed District proposes to construct a storm sewer system commonly known as the Round Lake to Staring Lake Chain of Lakes project; WHEREAS, upon completion of the Chain of Lakes project, the City will own and maintain the system; and WHEREAS, one element of the project involves an underground crossing of the Chicago and Northwestern Transportation Company Rail Line for which a license agreement has been prepared. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council that the license agreement is hereby approved and the Mayor and City Clerk are authorized to execute the agreement on behalf of the City of Eden Prairie. ADOPTED by the Eden Prairie City Council on July 7, 1987. Gary 0. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk Little Red Grocery lir CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 28-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT ANO 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 rdin (hereinafter, the "land") is legally described in Exhibit A attached hereto and a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-22 District and the C-Com District and be placed in the N-Com District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 District and the C-Com District and shall be included hereafter in the N-Com District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of July, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PU8LISHEO in the Eden Prairie News on the day of ( Exhibit A GUIDE PLAN AMENDMENT FOR'LIPRED Legal Descriptions The North 312 feet of the West 205 feet of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4)of Section 8, Township 116, Range 22, except the North 40 feet thereof, Hennepin County, Minnesota. ZONING DISTRICT CHANGE FROM C-COM TO N-COM FOR LIL' RED The North 232 feet of the West 167.06 feet of the NE 1/4 of the SE 1/4, Section 8,Township 116N,Range 22W, Hennepin County, Minnesota, and, The North 232 feet of the NW 1/4 of the SE 1/4, Section 8, Township 116N, Range 22W, Hennepin County, Minnesota, lying East of County Road 4. ONING DISTRICT CHANGE FROM R1_22 TO N-CDR FOR LIL' RED The South 8D feet of the North 312 feet of the West 167.06 feet of the NW 1/4 of the Minnesota, an 1/4,and the South 80 f To wnship the North 312a feete2 of�then NW 1/4 of the SE 1/4, Section 8, Township 116N,Range 22W, Hennepin County, Minnesota, lying East of County Road 4. Little Red Grocery Store CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 28-87 AN OROINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LANO FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, ANO AOOPTING BY REFERENCE CITY COOE CHAPTER 1 ANO SECTION 11.99, j 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 Valley District View Road ctto theN-Com and east of Count District. Exhibit A, includedewith2thiis2 sOrdinance,trict and tgives the full legal description of this property. Effective Oate: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary 0. 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.) • 9 Little Red Grocery Store Apr IL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-162 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 28-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 28-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of July, I{ 1987; NOW, THEREFORE, BE IT RESDLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: �++ A. That the text of the summary of Ordinance No. 28-87, 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. 2B-B7 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 July 7, 1987. Gary 0. Peterson, Mayor ATTEST: John D. Frane, City Clerk Faith Church of the Nazarene CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-87 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 8Y 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 Public 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 Public District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 7, 1987, entered into between Faith Church of the Nazarene 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 19th day of May, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of July, 1987. 'ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of 1 1 EXHIBIT A } Legal Description That part of the West Quarter of the Northeast Quarter of the Southwest Quarter of Section 25, Township 116, Range 22, Hennepin County Minnesota, lying southerly of Hennepin County State Aid Highway #1. • f7i 1 Faith Church of the Nazarene DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Faith Church of the Nazarene, 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 Low Density Residential to Church, Zoning District Change from Rural to Public, and Preliminary Plat into one lot for construction of a church, all on 5.875 acres situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #23-87, 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 , 1987, reviewed and approved by the City Council on May 19, 1987, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer agrees to obtain a permit for a driveway access onto County Road #1 for the property. Developer agrees to provide proof of said permit to the City prior to release by the City of the final plat for the property. 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 building permit upon the property, 1 Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. 6. Prior to issuance of any building permit upon the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of samples of exterior building materials and lighting standards for the property. 7. Concurrent with driveway construction on the property, Developer agrees to construct an eight-foot wide pad for a future trail adjacent to County Road #1 along the north property line. 8. Concurrent with building construction on the property, Developer agrees to complete grading and berming required for the property, as depicted in Exhibit B, attached hereto. 9. Concurrent with building construction on the property, Developer agrees to construct a bituminous parking surface for the number of parking spaces necessary to meet the current parking demands for the • use on the property. Proof-of-parking shall be provided on the • property to meet the City Code requirements and may be constructed of gravel at this time. The graveled proof-of-parking areas shall be converted to bituminous surface within three years of the date • first mentioned above. Developer agrees to submit a bond, or irrevocable letter of credit, to the City in an amount equal to 150% of the total cost of a bituminous surface for the graveled proof-of- parking area prior to building permit issuance for the property. 1D. Developer and City agree that plantings depicted in the landscape plan of Exhibit 8, attached hereto, may be installed over a period of three years from the date first mentioned above. The bond, or letter of credit, guaranteeing said landscape plan shall be for 150% of the cost of said landscaping and shall be for a period of at least four years (one growth season past the date of the last plantings on the property). • ;TOO Faith Church of the Nazarene CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-165 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 23-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, 23-87 ular meeting ofthe City rCouncil of�the City aof s a Eden ePrairierdonedthebl7thpuishedday ataofreJuly, 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. 23-87, 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. 8. 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 Drdinance No. 23-87 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 July 7, 1987. Gary D. Peterson, Mayor ATTEST: John 0. Frane, City Clerk Faith Church of the Nazarene CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 23-87 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 CODE CHAPTER 1 ANO 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 south of County Road #1 and east of Blossom Road from the Rural District to the Public 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 19$7. (A full copy of the text of this Ordinance is available from the City Clerk.) • • (/ rfr Lunds Grocery 1r- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-87 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 CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the C-Reg-Ser District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the C-Reg-Ser District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 7, 1987, entered into between Commercial Partners, 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 5th day of May, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of July, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of 1 lir EXHIBIT A Legal Description Lot 1, Block 1, HOLMES ANDERSON ADDITION, Hennepin County, Minnesota. i r- , Lunds' Center DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Commercial Partners, 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 Zoning District Change from Rural to C-Reg-Ser on 6.1 acres and Preliminary Plat of 6.1 acres into one lot and road right-of-way for construction of 55,682 sq. ft. of commercial retail space for a grocery store and other commercial uses, all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NDW, THEREFORE, in consideration of the City adopting Ordinance #17-87, 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 April 10, 1987, reviewed and approved by the City Council on May 5, 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 grading permit on the property, Developer agrees to stake the grading limits with snow fencing. 4. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. �4 5. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Said plans shall include, but not be limited to, information on sanitary sewer flows in order for the City Engineer to evaluate the interim solution connection to a private sanitary sewer line within the adjacent Eden Commons development. 6. Prior to issuance of anybuilding g permit upon the property, Developer agrees to submit to the City Manager, and to obtain the Manager's approval of the following: A. A revised site plan which reflects a total building square footage of 55,682 sq. ft. and a floor area ratio for the property of D.20. B. Modified architectural elevations which depict continuation of the curved awning, to be constructed of a permanent, durable material, along the entire north elevation of the retail building in order to provide a canopy over a covered walkway. Said canopy shall be a minimum of eight feet wide. Also, the architectural treatment indicated on the front of the structure for the strip retail building shall be wrapped around all sides of the retail building. C. Modified architectural elevations which depict screening of the rooftop mechanical units through use of a continuous metal panel around the units on the top of the retail buildings which is architecturally integral in design, material, and color to the rest of the buildings on the property. D. Modified landscape plans which depict additional coniferous plantings within the setback area along Franlo Road to screen parking. Said modified plan shall include increased • height of the conifers to a minimum of 16 feet in height along the south property line and substantial increase in the quantity of shade trees and conifers within the south setback area, or other such screening equal in effectiveness as may be approved by the City Manager. Said modified plan shall also include the implementation of five-to-six caliper inch shade trees for all planting islands. E. Modified site plan depicting a five-foot wide, five-inch thick concrete sidewalks along Franlo Road and along Prairie Center Drive, with a connection between said sidewalks and • the buildings on the property. F. Design and material details for the overall signage program for the property for purpose of consistency of sign location and size of the sign band and for the purpose of compatibility of lettering style, color, and materials. Said details shall depict the signs as being designed with • individual letters, internally lighted and individually affixed to the structures. Signage for the buildings on the property shall be reviewed by the City and may be approved based on details of the overall signage plan presented and in no case shall be greater than allowed by City Code requirements. No signage shall be facing the adjacent residential areas. G. Design and material details for the overall lighting program for the property. No lighting shall be permitted on the south sides of the grocery store or the south side of the strip retail area. All parking lot lighting shall consist of a maximum of 20 ft. in height, with downcast, cut-off luminars. H. Samples of exterior building materials. 7. Concurrent with the final plat and prior to issuance of any building permit for construction on the property, Developer agrees to enter into a special assessment agreement with City for the purpose of defining the financial obligations toward the construction of Franlo Road sanitary sewer, water main, sidewalks, and related appurtenances. The cost share applicable to the property shall be determined by a feasibility report and would generally propose that Developer pay approximately one-half of the cost of the street improvements, including storm sewer adjacent to the property, and a proportionate share of sanitary sewer and water main improvements Ar either by acreage or by front footage assessment methods. I Lunds Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-128 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 17-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 17-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of July, 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. 17-87, 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. 17-87 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 July 7, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk C Lunds Center • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 17-87 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 CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located south of Prairie Center Drive, east of Franlo Road from the Rural District to the Public 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 19B7. (A full copy of the text of this Ordinance is available from the City Clerk.) I ✓G Prairie Bluff CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 27-87 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, ANO, 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 EOEN 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 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of July 7, 1987, entered into between The Pemtom Company, a Minnesota corporation, and the City of Eden Prairie, and that certain Owner's Supplement to Oeveloper's Agreement, between Cardarelle and Associates, Inc., a Minnesota corporation, and the City of Eden Prairie, dated as of July 7, 1987, which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST REAO at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of June, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of July, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PU8LISHED in the Eden Prairie News on the day of � ( `1 Exhibit A--Legal Description.3 • • • L.U. - ? m a w • +9 w • pr Y « M P • o« ; a « r . � • - « • Z \ O Y • Y o � c CO� • ° � y5 o - U M ^ 0 L y .. « . ^ r .. C O w y « + • G w y « v i N .' z2. ..... z0. ..... h. 0 • • ., + ti • W • >• O iO L Y of " ' w • • N r • O • O :I , • e c a Ve y (� • ^ . • « O 's , r « 0 • W « M y O O •• •y ° n 10 • �• O « .: y •i. ✓ • + . w • .• L • •. • Ln 10 i y _ • ^ ` O .. Y . y o. V,' ` W .O — 3 O Y .2 O O • J Y. ^ I. C • A ,,>+ _Y Y 4 0 Y ° u .. .. ✓ L c. 0o i • .r • .. r c • • ,S w n r LL . • L C . ° 0 O y ••cc • • (;DI yOLL O ° • • O . Cy L . yrry 4O y G '.;• • , Oo 11 L • , Y G W p rYD. YnYa OtiY ' Y P • NO OL.L. • • r. 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Yi. �i� Y W z Prairie Bluff DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by The Pemtom Company, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as 1 "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 and Preliminary Plat of 8.5 acres into 17 single family lots and one outlot, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter 1 referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #27-87, F �. 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 April 7, 1987, reviewed and approved by the City Council on June 2, 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 tc 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. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 4. Prior to release by the City of the final plat for the property, Developer agrees to enter into a Special Assessment Agreement for storm water drainage improvements to the property. 5. Prior to release by the City of the final plat for the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of: or A. Revised plans indicating modification of the preliminary plat to eliminate the bubble on proposed Lots 1 and 2, Block 1. B. Revised plans depicting a five-foot wide, five-inch thick concrete sidewalk along the west side of Franlo Road and along the south and west sides of Lee Drive; also, an eight- foot wide, five-inch thick bituminous trail on the east side of Franlo Road. C. Detailed plans showing the alignment and construction of the temporary road from the property to County Road #1. Upon approval by the Director of Planning, Developer agrees to implement the improvements listed above, in accordance with the terms and conditions of Exhibit C, attached hereto, as approved by the Director of Planning. - 6. Developer agrees to submit to the City Engineer, and obtain the City Engineer's approval of easement documents for the property for necessary access easements to allow for the temporary road access, as depicted in Exhibit B, attached hereto, to be constructed and maintained until such time as permanent access is available. (( Developer agrees to file said documents with Hennepin County and to provide proof of filing of said documents to the City prior to release by the City of the final plat. 7. 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 agrees to construct the improvements listed above, in accordance with the terms and conditions of Exhibit C, attached hereto, as approved by the City Engineer. B. Concurrent with street and utility construction, Developer agrees to construct the sidewalks and trail referred to in item #5B. above. Prairie Bluff 1 OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN THE PEMTOM COMPANY AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1987, by and between Cardarelle & Associates, Inc., a Minnesota corporation, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #27-87 changing the zoning of the property owned by Owner from the Rural District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of July 7, 1987, by and between The Pemtom Company and City, Owner agrees with the City as follows: 1. If The Pemtom Company fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owner, their successors, heirs, and assigns of the property. 3. If the Owner transfers such property, Owner 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 Carl J. Jullie, City Manager r;� • Prairie Bluff CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-181 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 27-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 27-87 was adopted and ordered published at a regular • meeting of the City Council of the City of Eden Prairie on the 7th day of July, 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. 27-87, 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. 27-87 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 July 7, 1987. Gary 0. Peterson, Mayor ATTEST: John D. Frane, City Clerk f9':! Prairie Bluff CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 27-87 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 CODE CHAPTER 1 AND SECTIDN 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, DRDAINS: Summary: This Ordinance allows rezoning of land located south of County Road #1 and west of County Road #18 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: is/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.) I MEMORANDUM orTO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services IN-C. DATE: July 1, 1987 SUBJECT: Edenwood Camp Retreat Center Request At the June 16th meeting, the City Manager added this item to the Council agenda, and at that time requested the City Council authorize Camp Edenwood to move the Holasek house onto that portion of Birch Island Park immediately north of Camp Edenwood. At that meeting, respresentatives from Camp Edenowood indicated they would return to the City Council at the July 7th meeting with a letter from the Hennepin Association for Retarded Citizens formally requesting !_the City to modify the current lease boundaries to include that area of Birch Island Park on which the Holasek house was to be placed. They also agreed to provide a survey and legal description of the land requested to be added to the current Edenwood lease, as a well as a site plan, layout plan and grading and erosion control plan. Attached for Council review is the information requested. The Community Services Staff have reviewed the proposed placement of the building and recommend approval of the request for placement of the building and expansion of the lease boundaries. 1 The Community Services Staff request the City Council approve the request and authorize the City Attorney to draft the modification of the current lease to include the expanded boundaries proposed. BL:md Engineering Land Surveying Landscape Architecture Planning Eon Krueger 9 Associates,Inc. 8080 Wallace Road Eden Prairie,Minnesota 55344 (612)934-4242 EDENWOODS CENTER ADMINISTRATION BUILDING LEASE LEGAL DESCRIPTION T,te Ea:'.730 00 feet,as mew urs.:,at right 3roles to the East line tnerecf.c no 'or,r0A,,n;css:re".:prooerts., :Jar 7.)7.7-P.Nor tneast Ocarer c ettlor.4:Tcwrcn:c -ennetsin Count: '':nnesota,ilrg nsr tner of the Chicago.1111waukee,St. Paul ar,,i Patt,: P.aIroa0 Comcany and Wester iv of the center line of Etorch sand Real, Except that part thereof described as follows Beginning at the northwest corner of said Northeast Quarter, thence east along the north line of said Northeast Quarter to tne center line of Birch Island Road;thence southerly along tam center line to a point(Want 1000.0 feet south from tee Inccrr! of said Northeast Quarter as measured at a right angle to saio north line,thence westerly to a point on the west:me of tne northeast Quarter of the Northeast Quarter sac section.distant 100C,3 feet south along said west no from the northwest scr ne-of said Northeast Quarter No:. na,:..z!Okyart.Gr 1^,1, + ell ia along sam to the west ine of said N•: liteast 3,..at-ter,thence along sait wee!line to the pc,1rf or beginning 1 June 29, 1987 Mr. Bob Lambert City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Res Eden Wood Camp & Retreat Center B&A Project 1187-13 Mr. Lamberts As directed, nineteen (19) copies of submittal materials for the Holasek historical home to be located at the Eden Wood Camp & Retreat Center are attached for your use. Submittal materials include: 1. Letter from Hennepin County Association of Retarded Citizens, Eden Wood Camp and Retreat Center, requesting modification of current lease boundaries to add area that the Holasek home is to be situated on. 2. Survey and legal description of lands request to be added to the current Eden Wood lease. 3. Letter from the Nine Mile Creek Watershed District regarding the project. 4. Soil borings report. 5. Site plan, layout plan, and grading/erosion control plan. BRAUER\'& ASSOCIATES LTD. 0.A1Aci‘v "t_ - Pau Fja e, M.L.A. vPresident (, attachments cc: Tom Gode ¢ i~ j I•90"4,f) 0`. .-A V 7901 Flying Cloud Drive,Eden Prairie,Minnesota 55344 0 (612)941-1660 E • D E • N W • 0000 13 . (' A \1 i' I c It I: .t It I, A 'I ( I• I I It June 26, 1987 Robert A. Lambert Director of Community Services City of Eden Prairie 8950 Eden Prairie Rd. Eden Prairie, MN 55344 Dear Bob: The Association for Retarded Citizens of Hennepin County request the City of Eden Prairie to: 1) amend the current lease for Eden Wood Camping and Retreat Center to the attached legal description, • 2) grant permission for locating the Holasek house on public park land to be used by Eden Wood Camping and Retreat Center. • Enclosed Is the legal description, survey, site, plan and additional documentation. Thank you for your support. S I�,.y'C�r�"� • Thomas C. Code Director, Eden Wood Camping and Retreat Center • Business Location 2344 Nicoller APenue#370 6350 Indian Chief Road Minneapoli., MN 55404 Eden Prairie,MN 55344 (612)874-6650 • (612)934-2771 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services-pl., DATE: June 30, 1987 SUBJECT: Community Development Block Grant Discretionary Funds Application On June 17, 1987, the County Board of Commissioners disapproved the CAC recommendation to provide $200,000 in 1987 discretionary account funds to the Hennepin Economic Resource Organization (HERO) for the establishment of a business and incubator project. These funds were, therefore, returned to the account for reallocation. The same process as followed in allocating the 1987 discretionary account will be used in reallocating the $20D,O00 which is now available. The City of Eden Prairie applied for $6D,O00 to renovate the Senior Center in the lower level of the old City Hall with the original application for discretionary funds. The County approved $30,000 for that project. The City hired an architect to provide plans and specifications for the renovation. As a part of the architects contract the City requested preliminary design and cost estimates to complete kitchen facilites to code that would allow the city to provide hot meals at that facility. The cost estimate is nearly $60,000. The Community Services Staff would like to reapply for another $60,000 to complete the kitchen facilities that were cut from the first grant application. grant application ffor re$60,000quetsaofhdiscretionautorization ryomfundstheConitybehalfiofCounclt o the uCity of Eden Prairie. BL:md CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-183 A RESOLUTION PMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Timber Creek North Partnership for development of Tinter Creek North for Medium Density Residential and Low Density Residential use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 17.9 acres located south of County Road #67, west of Creek View Lane, north of Purgatory Creek be modified from Low Density Residential to Medium Density Residential and from Public Open Space to Low Density Residential. ADOPTED by the City Council of Eden Prairie this 7th day of July, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk is CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-184 A RESOLUTION APPROVING THE TIMBER CREEK NORTH PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TD THE OVERALL TIMBER CREEK WOODS PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Timber Creek North development is considered a proper amendment to the overall Timber Creek Woods Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Timber Creek North Partnership for PUD Concept Amendment approval to the overall Timber Creek Woods Planned Unit Development Concept for the Timber Creek North development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on July 7, 1987; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Timber Creek North development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Timber Creek Woods Planned Unit Development Concept as outlined in the application materials for Timber Creek North. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated June 22, 1987. ADOPTED by the City Council of Eden Prairie this 7th day of July, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-185 RESOLUTION APPROVING THE PRELIMINARY PLAT OF TIMBER CREEK NORTH FOR TIMBER CREEK NORTH PARTNERSHIP BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Timber Creek North for Timber Creek North Partnership, dated July 1, 1987, consisting of 89 acres into 110 lots, 3 outlots, and road right- of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 7th day of July, 1987. Gary D. Peterson, Mayor ATTEST: John 0. Frane, City Clerk ( 7 } < < . Edward Schuck May 10, 1987 Chairperson Eden Prairie Planning Commission 7600 Executive Drive Eden Prairie, Minnesota 55344-2499 Dear Mr. Schuck, It has been brought to my attention that Timber Creek North has been proposed for residential development. The existing storm water from this area is collected in a pond on the south- east end of this development. The overflow for this pond drains south via an open ditch to Purgatory Creek. A portion of the drainage ditch crosses the west side of my property. My concern is that the proposed development will increase storm water runoff and the chance for flooding and washout in my yard. In addition, a manhole for the sanitary sewer is located near this drainage ditch and has potential for flooding. k I propose consideration be given to divert this drainage ditch bar installing an underground culvert on the Timber Creek North Development Property. Find attached drawings of the existing conditions and proposed. If you require additional information contact me at w: 924-2548 or h: 934-6750. Sincerely, Robert Helmer��� 6416 Creekview Lane Eden Prairie, Minnesota 55344 enc. cc: ,iayor and City Council Eugene Dietz Donald Uran Terry Schneider 1 I IL Line CrCree_k_vie A --�� l • -- .1. I-.1. f e Rd. i�1q,/r A .! . �.a • ,'lino. iiip.• /;1%,.."-;.,.'••71., ---------, rx....741...5.,.,;, , r ;7,4.0,1114411A% min.*, ailo, ,;,41 + '. ..• NI . 0 .., i „... t.s., ,„Ail,.,„......„...., , ,,_ 4 i a n.•93 �L � �I....,......„_ . 4„....• ,..4 ' ae, xe 11___,..e. if= 'NW‘: 14/17,140.• '''. '77:" 111111117/4".*1 nJ. E �� ! z . A :2,,_ 40. . -- A ,ti iii s iliwiL . :,-; _ley ',s,ovitet-fiw-,e-,...---1,,,,t,i;'9'.e.4."'-- . •0- ----- 171111!1 _, .-. th I A :,/,..1 ,k I Ail Ar SV. }tc .-°:-,1,, 11.4 ../.6a0 ' .'..-- orr, ..g7:‘ .t,, ar 3 _ :•, 31 .411 F., .i��V.,., - ---g a r ` inn. ` ► + • -anty,.. `` 1''! 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April 21, 1987 Mr. Chris Enger Planning & Zoning Department City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Timber Creek North Development Dear Mr. Enger: As a resident of Chatham Woods, we're concerned. We continue to see plans for Townline to become a 4-lane road. And ❑ow, Project Developers, Inc. wants to put townhouses in Timber Creek North along the ridge on the east side of the Purgatory Creek and dredge the slough east of the beaver dam on Purgatory Creek to make a pond. We do not want any one of these to happen! We do not want a 4-lane highway running through this single-family residential area. We do not want zoning for this area to include multi-family housing. We moved to this area with the understanding that the area east of the creek was zoned rural and would become single family and city park and Townline would be upgraded to a 2-lane street. To put high density townhouses in the middle of this area will ruin the aesthetics and rustic nature of the area. And the environmetal impact of dredging the slough is totally unacceptable. This flood plain area is a nesting area for wood ducks, herons and Canada geese; and home for fox, beaver, deer and a pileated woodpecker. We can see the need for a city park and understand why other neighborhoods in the area want it, but not at the expense of accepting multi-family housing and changing the environmental balance of the area. We want to keep what we enjoy, that's the reason we moved to this area. Therefore, we request: 1. Timber Creek North be zoned for single family only. 2. An environmental impact statement for the changes being proposed for this area of Purgatory Creek. 3. Townline Road be kept a 2-lane street. 4. Notification of any meetings or hearings affecting this area of Purgatory Creek or surrounding area. Sincerely, Duane Hilleman 4 16780 Whittington Walk STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THROUGH: Chris Enger, Director of Planning DATE: June 19, 1987 PROJECT: Timber Creek North LOCATION: South of County Road #67, west of Creekview Lane APPL ICANT/ FEE OWNER: Timber Creek North Partnership REQUEST: 1. Comprehensive Guide Plan Amendment from Low Density • Residential to Medium Density Residential on 14.9 acres and from Public Open Space to Low Density Residential on 3 acres. 2. Planned Unit Development Concept Amendment on 162 acres. 3. Planned Unit Development District Review on 89 acres. 4. Zoning District Change from Rural to RM-6.5 on 14.9 acres and from Rural to R1-13.5 on 44 acres, with variances. 5. Preliminary Plat of 89 acres into 110 lots, 3 outlots, and road right-of-way. 6. Environmental Assessment Worksheet review on 89 acres. 3. Background , , Q1$4***4•r�r ve.i.. -.'C"M rU This is a continued item from the N.V%.♦0♦♦♦♦♦•♦♦♦♦♦•��♦ t.0 I,M„ 1 ii June 8, 1987, Planning Commission : c ,♦*.♦�♦%*♦�♦♦♦♦••♦♦�♦��• �������E meeting. At that time, a number of ♦•• ♦•♦♦♦ issues were raised b the Planning ��•� `, •♦♦40*so�♦�i�j♦j♦• 4: :c' , Commission, City Staff, and citizen ���.�,� , . �I ����♦w♦±♦�♦♦1♦1♦ within the area, which included��1�/ .i �.►.•!♦!•-♦- � 51111, access, cul-de-sac lengths, tree 1I * ' ��*:"•• replacement, setbacks within the •�*iGirr�P A:.-4♦♦� „,.t.t '.1�\ �� wf a of ilium multiple family area, park „, •iri vp,re dedication/trail system, and the ,f� v�♦ relation to the existing single PROPOSED SITE w�6 ��0?L1 ; family neighborhoods. The proponent V l •gA . .'- A.has revised the plans to address��� those issues. Following is a brief 47"°� �""'T"''= ,®or description of the changes made to -, 0� v %T A the plans. 5"" • AREA LOCATION MAP Timber Creek North 2 June 19, 1987 Access - The original plan depicted a 1st-phase access point at the intersection of Timber Creek Drive and Townline Road. Ultimately, with the development of the Crosstown Highway, there would be 3 access points. The first being the intersection of Timber Creek Drive and Crosstown, the second at Townline Road and Mallory Lane, and lastly, from the private road to the Crosstown along the western property line. In response to public safety concerns, discussion was held regarding additional access points. The plans have been revised to reflect an additional temporary access point between the two multiple family units within the center of the site and an access point along the western property line. The temporary access shall be installed immediately with the development of the roadway and maintained until all other access points are open. Cul-de-sac Lengths - Section 12.30, Subd. 3.G. of the City Code states that the "maximum length of cul-de-sac streets shall be 500 feet...Cul-de-sacs shall be avoided whenever reasonably possible." The previous plan depicted cul-de-sac lengths of approximately 520 feet for Mallory Lane and 600 feet for Timber Creek Drive. The plans have been revised to reflect a 500-foot cul-de-sac length for Mallory Lane with Timber Creek Drive remaining the same. The reasons for the Timber Creek Drive cul-de-sac being approximately 600 feet in length relates to the topography and the location of the existing pond which prohibits the extension of the roadway. The location of the cul-de-sac bubble is in a level area and actually decreases the amount of grading and tree loss which would be required if the cul-de-sac was shortened. Tree Replacement - The City Forester, Planning Staff, and the proponent, have discussed the tree replacement required in regards to the proposed grading plan and building pad locations. The previous Staff Report recommended 289 caliper inches to be replaced. Based upon revised plans, the proponent will be required to replace a total of 158 caliper inches of plant material. The final amount of tree replacement shall be subject to fine tuning of the grading plan prior to City Council review. Setbacks - Within the multiple-family area, the recommendation was to provide a minimum of a 25-foot setback to the right-of-way line on the side of the public street with the sidewalk and 2D feet on the other side. In addition, a 20-foot setback from garage to curb was recommended along the private drive. The plans have been revised to reflect these minimum setbacks. Park Dedication/Trail System - This issue was reviewed at the June 15, 1987, Parks, Recreation, and Natural Resources Commission meeting (refer to the attached Staff Report and Memo from the Community Services Director). At that time, the Parks, Recreation, and Natural Resources Commission recommended approval of the request subject to the Planning and Community Services Department recommendations. Relation to Existing Single-family Neighborhoods - In regards to the concern raised about the development of the Mallory Lane area, the proponent has submitted site sections which depict that the closest proposed home would be approximately 155 feet from, and approximately 30 feet lower than, any existing home. All views to the Mallory Lane development would be through dense underbrush and trees and visually should not create any adverse effect on existing homes. The grading plan depicts very minimal grading between the proposed and existing homes. Timber Creek North 3 June 19, 1987 Other Concerns - There was some additional discussion regarding the location of townhomes adjacent to single-family homes along the common lot lines. In response to this, the proponent has provided additional distance between any single-family homes and the townhomes to represent a minimum of 85 feet. With this distance, the proponent will be able to allow for additional plantings and bermings to provide a buffer. The proponent will be required to place signs on the property as identified in the previous Staff Report. The proponent has submitted an application for the required Shoreland variances and is scheduled for the July 9, 1987, Board of Appeals and Adju stments meeting. STAFF RECOMMENDATIONS In response to the Staff Report, dated June 5, 1987, and the Planning Commission and citizen concerns, reflected at the June 8, 1987, Planning Commission meeting, the proponent has revised the plans to address those issues. With that, Staff would recommend approval of the Timber Creek North project based upon plans dated May 18, 1987, revised plans dated June 19, 1987, and subject to the Staff Reports dated June 5, 1987, and June 19, 1987, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Provide a tree replacement plan depicting 158 caliper inches of plant material. B. Provide typical retaining wall details. Any wall exceeding 4 feet in height will require a building permit. C. Submit a signage program regarding the phasing comnittment for multiple/single family relationship. D. Provide additional coniferous plantings and berming to provide a buffer between the multiple and single family dwellings. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. C. Provide right-of-way for C.S.A,H. #62 and Townline Road as required by Hennepin County and the City of Eden Prairie. 3. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. Stake all grading limits with a snow fence. Any trees lost outside the limits sh311 be replaced on an area inch per area inch basis. B. Stake the construction limits with erosion control fencing. Timber Creek North 4 June 19, 1987 4. Prior to Building permit issuance, proponent shall submit building material samples and colors for review. 5. Apply for, and receive, variances from the Zoning Board of Appeals for certain requirements as set forth in the Shoreland Ordinance for Lot 10-13, Block 3, and Lots 5-10, 37, and 38, Block 5, of the multi-family area. 6. Concurrent with final plat, proponent shall dedicate Outlot B to the City for conservation purposes. In addition, proponent shall dedicate Outlot A (floodplain) to the Eden Prairie Foundation. • 4 STAFF REPORT I TO: Planning Commission FROM: Donald R. Uram, Assistant Planner fi R UGH: Chris Enger, Director of Planning DATE: June 5, 1987 PROJECT: Timber Creek North LOCATION: South of County Road #67, west of Creekview Lane, north of Purgatory Creek. APPLICANT/ FEE OWNER: Timber Creek North Partnership REQUEST: 1. Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential on 14.9 acres, and from Public Open Space to Low Density Residential on 3 acres. 2. Planned Unit Development (PUD) Concept Amendment on 162 acres. 3. Planned Unit Development (PUD) District Review on 89 acres, Zoning District Change from Rural to RM-6.5 on 14.9 acres, and from Rural to R1-13.5 on 44 acres, with variances. 4. Preliminary Plat of 89 acres into 110 lots, 3 outlots, and road right-of-way. 5. Environmental Assessment Worksheet (EAW) review on 89 acres. Background / V ����•••�••••�•••••••:14 � i ■ • This site is currently designated on ��Q••���••••�••�•••••i i•••�E 1 the Eden Prairie Comprehensive Guide.. •,�i; ,•*4p�1�•��•••�•�•�•�•���aaaaaIsI Plan for development as Low Density �� ••�p•••�•�••j•••j•••�,W,�� Residential and Public Open Space ♦�ge, �� •••�A•ii••••••••� '-,j land uses. Adjacent properties are ,,� 7 a; `�••�•�•�••••••••� � ,• , i1 .�w4.0,..j•••j guided for Floodplain and Low AMU ��at '‘.+►,•.•.o.•. Density Residential to the south and ,'.'"' �t�� �`I'gr•A1�� - Y�R.VIil.�1411ra west; Low Density Residential to the '•r}aitz P �tr•.•4 ,.gius�. east; and, Townline Road to the �fk '•`❖.1 'm y north. Specific land uses include! oP i� .44•d 1 f Townline Road and the City of05ED SITE A ���1Minnetonka to the north; the rer '•• Purgatory Creek floodplain and (���. �b.. Timber Creek Woods 2nd Addition, +s��a�� ,�i �� AREA LOCATION MAP Timber Creek North 2 June 5, 1987 zoned R1-13.5 to the south; Chatham Woods, zoned R1-13.5 to the west; and, Edenview, Edenview 2nd Addition, and Nottingham Forest, all zoned R1-22 to the east. This project is located within the Timber Creek Woods PUD approved on August 16, 1983. Based upon the approved PUD Concept, a total of 322 units were proposed on the entire 162-acre tract at a density of 1.98 units per acre. The PUD proposed a dedication of approximately 56 acres of Open Space including the Purgatory Creek floodplain and the adjacent knoll. The current proposal is for 68 townhome units and 40 single family lots for a total of 108 units. Based upon a site size less dedication of 37.8 acres, an overall density of 2.85 units per acre is proposed. With the addition of the 155 lots platted to the south and west of the project, a total of 263 units are proposed for an overall density of 1.62 units per acre. Including the current development, the PUD will realize a decrease in the number of units from 322 to 263, or 59 units total, while maintaining a dedicated area of 51.1 acres. Comprehensive Guide Plan The proponent is requesting a Comprehensive Guide Plan Change from Low Density Residential to Medium Density Residential on approximately 14.8 acres in the northwest corner of the subject parcel. From a technical standpoint, the Comprehensive Guide Plan would not need to be amended because the overall density is under the 2.5 units per acre allowed in the Low Density designation. However, a change in the Guide Plan will more clearly represent what is proposed. The proposed Comprehensive Guide Plan Change request from Low Density Residential to Medium Density Residential is consistent with the previous PUD approvals. At that time, a total of 120 townhomes and 1D single family lots were proposed with a dedication of approximately 56 acres. The current proposal is similar in that it allows for the clustering of units away from floodplain area and the prominent knoll located within the center of the single family site. Based upon the number of units, the proponent is able to dedicate a total of 51.1 acres to the City for preservation while also allowing for the feasible economic development of the property. The proposed multi-family project is bordered by the floodplain to the south and Townline Road to the north, and is expected to have very minimal impact on the adjacent properties. Preliminary Plat This site contains approximately 88.9 acres, of which 51.1 acres are to be dedicated to the City. The current proposal is for a rezoning classification from Rural to RM-6.5 on 14.8 acres and from Rural to R1-13.5 on 44.1 acres. Of the 44.1 acres, 21.1 acres are part of Outlot B which shall be dedicated to the City. Single Family - The proposed single family subdivision consists of 40 lots on 23 acres at a density of 1.74 units per acre. Lot sizes within the subdivision range from a maximum of 55,400 square feet to a minimum of 14,ODD square feet. The average lot size is 17,823 square feet. All of the lots meet the minimum requirements of the R1-13.5 zoning district, with the exception of Lot 14, Block 3, which requires a 100-foot frontage because it is a corner lot. The lot is basically a standard lot fronting on Timber Creek Circle with the exception of a small portion on Timber Creek Drive. The orientation of, and access to, this lot will be from Timber Creek Circle. Other changes to the single family subdivision would be a ' - 1 4 Timber Creek North 3 June 5, 1987 recommendation for a lot line or Conservancy Zone change for Lot 7, Block 3, which is an extremely large lot at the end of the proposed cul-de-sac. Staff would recommend that the lot line be drawn in a diagonal fashion as per Attachment A in order to protect the small knoll. Townhomes - The proposed townhome development includes 14.8 acres in the northwest corner of this site, with a total of 68 units at a density of 4.6 units per acre. Access to this site is provided from Timber Creek Circle which is a public street and private road extensions. There are a total of thirteen, 2, 4, and 6-unit buildings located on this parcel with a primary orientation towards the wetland areas of either Purgatory Creek or the proposed pond. Both a tuck-under and a walk-out unit style are proposed which take into consideration the grades on the site. The proponent is requesting front yard setback variances for units 1-12, Block 6, and 11-17, 55, and 56, Block 5. These variances are to allow for the construction and dedication of the public roadway through the townhome project. The reason for the variances would include an area of extremely poor soils west of units 11-17, Block 5, and grade changes east of Lots 1-6, Block 6, and poor soils and drainage considerations north of units 51-56, Block 5. Based upon a total of 68 townhome units, 136 parking stalls are based upon two parking stalls per dwelling unit with one enclosed. All of the units have been designed with two-car garages plus driveway parking. A minimum of 25 feet shall be provided behind the garages to the right-of-way line on the public street and to the curb line on the private streets to allow for driveway parking. The proponent will be required to revise the plans to reflect this setback in addition to relocating the parking within the Timber Creek Circle right-of-way. As proposed, the location of the townhome units adjacent the single family homes are within 50 feet of one another. In order to provide a buffer strip, berming and additional coniferous plantings will be required. The final design shall be subject to revised building locations as determined by the 25-foot setback. Concern has also been raised regarding the sale of single family lots adjacent the townhomes prior to the construction of the townhomes. The proponent has stated the first units to be built on-site are units 7-12, Block 6, and units 17-22, Block 5. In addition, the proponent shall place signs on the property line identifying the parcel as approved future medium density residential. Access Prior to Townline Road upgrading, all site traffic will access through the proposed Timber Creek Drive access point. Following the final construction of County Road #62, two accesses will exist. One access will be via the proposed four-way intersection of Timber Creek Drive and Woodland Road with a second access being the current Townline Road to the east which shall serve as a frontage road east of the Timber Creek Drive intersection. Internal circulation is provided by Timber Creek Drive which is the primary access, Mallory Lane which serves the single family lots to the east, and Timber Creek Circle, which is a loop road servicing the multiple family area. Private roads will service the remainder of the multiple family project. Based upon the design layout of the proposed multi-family section, an . access onto Townline Road has been designed should the Kucher property be acquired in the future. (°! Timber Creek North 3 June 5, 1987 recommendation for a lot line or Conservancy Zone change for Lot 7, Block 3, which is an extremely large lot at the end of the proposed cul-de-sac. Staff would recommend that the lot line be drawn in a diagonal fashion as per Attachment A in order to protect the small knoll. Townhomes - The proposed townhome development includes 14.8 acres in the northwest corner of this site, with a total of 68 units at a density of 4.6 units per acre. Access to this site is provided from Timber Creek Circle which is a public street and private road extensions. There are a total of thirteen, 2, 4, and 6-unit buildings located on this parcel with a primary orientation towards the wetland areas of either Purgatory Creek or the proposed pond. Both a tuck-under and a walk-out unit style are proposed which take into consideration the grades on the site. The proponent is requesting front yard setback variances for units 1-12, Block 6, and 11-17, 55, and 56, Block 5. These variances are to allow for the construction and dedication of the public roadway through the townhome project. The reason for the variances would include an area of extremely poor soils west of units 11-17, Block 5, and grade changes east of Lots 1-6, Block 6, and poor soils and drainage considerations north of units 51-56, Block 5. Based upon a total of 68 townhome units, 136 parking stalls are based upon two parking stalls per dwelling unit with one enclosed. All of the units have been designed with two-car garages plus driveway parking. A minimum of 25 feet shall be provided behind the garages to the right-of-way line on the public street and to the curb line on the private streets to allow for driveway parking. The proponent will be required to revise the plans to reflect this setback in addition to relocating the parking within the Timber Creek Circle right-of-way. As proposed, the location of the townhome units adjacent the single family homes are within 50 feet of one another. In order to provide a buffer strip, berming and additional coniferous plantings will be required. The final design shall be subject to revised building locations as determined by the 25-foot setback. Concern has also been raised regarding the sale of single family lots adjacent the townhomes prior to the construction of the townhomes. The proponent has stated the first units to be built on-site are units 7-12, Block 6, and units 17-22, Block 5. In addition, the proponent shall place signs on the property line identifying the parcel as approved future medium density residential. Access Prior to Townline Road upgrading, all site traffic will access through the proposed Timber Creek Drive access point. Following the final construction of County Road #62, two accesses will exist. One access will be via the proposed four-way intersection of Timber Creek Drive and Woodland Road with a second access being the current Town line Road to the east which shall serve as a frontage road east of the Timber Creek Drive intersection. Internal circulation is provided by Timber Creek Drive which is the primary access, Mallory Lane which serves the single family lots to the east, and Timber Creek Circle, which is a loop road servicing the multiple aa family area. Private roads will service the remainder of the multiple family project. Based upon the design layout of the proposed multi-family section, an access onto Townline Road has been designed should the Kucher property be acquired in the future. / 4 Timber Creek North 4 June 5, 1987 Because of the location adjacent to Townline Road, concern has been raised regarding the noise generated from the upgrading of the Crosstown Highway. Utilizing information collected from the Minnesota Department of Transportation and Hennepin County, it was determined that the noise levels off the proposed Crosstown Highway could have a negative impact on the townhomes located on Lots 45-50, Block 5. Because of this, the landscape plan has been revised to include a solid 8-foot sound barrier at the property line in addition to a number of coniferous plantings. Grading Single Family - The site slopes in all directions from a high point located within the center of this site at the 960 contour elevation. This is a very prominent knoll and is proposed to be dedicated to the City for a conservancy area. Low points exist adjacent to the pond located along the eastern property at the 862 contour elevation and at the 858 contour elevation located along the western property line adjacent to Purgatory Creek. Because the lots are designed for custom homes, the majority of the grading occuring will be for the street construction of Timber Creek Drive, Mallory Lane, and Timber Creek Circle. Maximum fill requirements would include approximately 20 feet of fill at the end of Mallory Lane and approximately 14 feet for the adjacent Lots 8-11, Block 3, which would also include a minor amount of fill within the floodplain. In addition, there is an approximate 10 to 12-foot cut occuring along Lots 6 and 7, Block 2, which would be adjacent the hill. All the homes adjacent the hill will be designed as tuck-under units to help preserve the knoll area. As previously mentioned, the single family lots will be custom graded with cuts of up to six feet occuring adjacent the knoll and fill of up to 14 feet adjacent the floodplain. Retaining walls are being proposed to help minimize the grading and for tree preservation. In order to monitor this, the developer must agree to require that the lots are to be built as shown on the approved development plan. Multiple Family - The construction of Timber Creek Circle would require approximately 14 feet of cut. The remainder of the grading work occuring within the multiple family section is being minimized by the use of a tuck- under and a walk-out unit. The tuck-under units are proposed around the perimeter of the site while the walk-out units are centered around the proposed ponding area and adjacent to the Purgatory Creek floodplain. There is a maximum cut of approximately 24 feet which occurs for units 7- 12, and approximately 10 feet to allow for the proposed ponding area. Maximum fill is approximately 8 feet which would occur for Lots 37 and 38, Block 5. The proposed cut and fill balance on this site has been calculated at approximately 200,000 cubic yards. Utilities Water and sanitary sewer service is available to the site through connections made to an existing 60-inch trunk sanitary sewer line located adjacent Purgatory Creek and a 12-inch water main located along the south side of Townline Road. The proponent is proposing to extend an 8-inch sanitary sewer line throughout the project with connections made to existing manholes. The 12-inch water main located along the south side of Townline Road is not currently connected because of an area of poor soils located within the center of the site. The proponent is proposing to Timber Creek North 5 June 5, 1987 loop the 12-inch water main through the project with a 6-inch water line extended to service this site. In addition, the water line located in Mallory Lane shall be extended to loop to the existing 6" line in Creek View Lane. Storm water run-off is proposed to be collected within a catch basin system located within the roadways with outlets to the existing pond adjacent the eastern property line and the proposed ponding area within the multiple family area. Because the run-off to the north crosses through the subject site, the capacity of the proposed ponding area will be required to be designed to control the flow of the additional run-off. Included within the packet is a letter from Mr. Helmer who lives in the Edenview 2nd Addition. He is requesting that a drainage pipe be placed on the subject property to re-align the existing flowage which currently crosses his property. Engineering Staff would recommend that the run-off be controlled by an outlet from the existing pond. The proposed outlet should be designed in order to minimize the impact of any run-off on Mr. Helmer's property. Landscaping/Tree Inventory The proposed landscaping plan for the multiple family area depicts 595 caliper inches of plant material. Based upon the square footage of the proposed multi- family buildings, 545 caliper inches of plant material is required per Code. In reviewing the submitted tree inventory, the proponent has indicated that 145 caliper inches of plant material will be removed as part of construction. The proponent has also identified 196 caliper inches as "tenative" which they are proposing to save through the use of retaining walls. Staff has calculated an additional 316 caliper inches of plant material to be removed as part of the overall construction. Based upon this, a total of 656 caliper inches of plant material is being removed as part of construction. Per the tree replacement policy, a total of 2B9 caliper inches shall be replaced. The 289 caliper inches shall be in addition to the 545 caliper inches required per the landscape ordinance. The City Forester has evaluated the trees for this project and their ability to be saved. To determine this, tree size, specie (type of tree), relationship to cuts/fills, root loss due to adjacent buildings, and potential for soil compaction was reviewed. Based on experience, there are reasonable conditions that will justify that a tree be protected and saved within a project. On the other hand, certain trees will tolerate the initial construction only to decline and die 2 to 4 years later. The basis used to review this project's tree inventory, was to evaluate whether or not it was reasonable for a tree to survive the initial construction as well as the first couple of years. Some of the trees on this site will be difficult to save because of their size and species. For this reason, Staff has estimated that 656 caliper inches of trees will be lost rather than the 341 that the developer estimated. The major reason for this increase is that there are a large number of large diameter black cherry trees which are extremely difficult, if not impossible, to save during construction. The remainder of the trees that will be lost are large diameter oaks, in front yards, that would be subject to major (2 feet or more) cuts, fills, or cony action of the soil in the root zone which they do not tolerate. , A possible way of saving some trees is to realign the driveway, flip the house, or /7^J Timber Creek North 6 June 5, 1987 slide the house laterally to allow removal of some marginal trees and give others larger root zone areas for survival. If this is done, further review of the plans will be done to ascertain the effect on saving additional trees and reducing the number of diameter inches of trees needing to be replaced. In other words, credit should not be given for trees which would probably die, even if retaining walls were utilized to save then during construction. Floodplain/Conservancy Zone/Shoreland This site is located within the limits of the Purgatory Creek corridor study. The conservancy zoned located along the eastern edge of Purgatory Creek would include an encroachment into Lots 7-15, Block 3, and Lots 3-10 and 35-38, Block 5, of the multiple family area. This encroachment ranges from a minimum of 20 feet on Lot 14, Block 3, to a maximum of 165 feet along Lot 9, Block 3. Because of the width of the floodplain in this area, the proposed encroachment would not appear to adversely affect the Purgatory Creek corridor. in order to protect the Purgatory Creek corridor, the proponent shall provide a scenic easement over that portion of the conservancy zone which is included as part of any lot. it shall be understood that the conservancy zone is a protective area and that no encroachment (i.e., decks, accessory buildings, fences) will be allowed. In addition, a number of lots are classified under the shoreland ordinance section of Chapter 11. Of those lots classified as shoreland, Lots 10 through 13, Block 3, have been classified as abutting lots which would require: (1) Minimum lot size - 13,500 square feet (2) Minimum width at building line - 120 feet (3) Minimum width at Ordinary High Water Mark - 120 feet (4) Minimum setback from Ordinary High Water Mark - 100 feet Based upon this, a variance will be required from the Board of Appeals for the single family lots previously mentioned of a width at the building line less than 120 feet. Lots within the multiple family area also classified as abutting lots are Lots 5-7, 37 and 38, Block 5. Minimum requirements include: (1) Minimum lot size - 10,000 square feet (2) Minimum width at building line - 100 feet (3) Minimum width at Ordinary High Water Mark - 120 feet (4) Minimum setback from Ordinary High Water Mark - 150 feet (5) Structures shall not comprise more than 50% of the length of the shoreland within the lot. A variance will be required for the multiple family area from the Board of Appeals for lot sizes less than 10,000 square feet and width at the building line less than 100 feet. Other requirements would include that all structures shall not exceed 30 feet in height and that the total area of all impervious surfaces on a lot shall not exceed 7: / Timber Creek North 1 June 5, 1987 30% of the total lot area. The plans as submitted meet the minimum requirements of the shoreland ordinance with the exception of lot size and building width. Pedestrian Systems As part of this project, a five-foot wide concrete sidewalk shall be extended along Timber Creek Drive to the end of the cul-de-sac and along Timber Creek Circle. The proponent is proposing a trail access between Lot 1, Block 2, and Lot 1, Block 3, which would require stairs and be a maintenance problem. Because of this, Staff would recommend that the trail access be relocated between Lots 5 and 6, Block 3. In addition, the proponent shall work with the Community Services Department and the Parks and Natural Resources Commission to provide additional trails throughout Outlot B. Signage and Lighting The proponent is proposing directional signage and an entry monument which shall be constructed of brick and wood and landscaped with low plantings and berms. The proposed entry monument will be located on Outlot C and subject to the Homeowners' Association maintenance program. Any street lighting will be trimlined downcast luminars mounted on poles no higher than 18 feet. Environmental Assessment Worksheet (E.A.W.) An EAW was completed in 1980 for the original PUD which consisted of approximately 15D acres and included 76 townhouses, 52 condominiums, 130 single family lots, and 18 acres of park. At that time, the Eden Prairie Planning Commission recommended approval of the EAW finding of no significant impact. Because of revisions to the overall PUD, the proponent has submitted a revised EAW for review by the appropriate agency's. Summary The proposed development of this 8B.9 acres into a multiple family section consisting of 68 townhome units on 14.9 acres and 40 single family homes is consistent with the approved PUD Concept. The proponent meets the requirements of the two zoning districts with the exception of a front yard setback variance and portions of the shoreland ordinance, neither of which adversely affects the site. The major considerations in the development of this project include the sensitivity of the floodplain area and the prominent knoll located within the center portion of the single family site. The proponent is proposing to dedicate Outlot A (floodplain) to the Eden Prairie Foundation and ultimately to the City, and Outlot B which is the prominent knoll area within the center portion of the site. With this dedication, the major site characteristics will be maintained. STAFF RECOMMENDATIONS Staff would recommend approval of the Timber Creek North plans dated May 18, 1987, and subject to the Staff Report dated June j5, 1987, andect basedon subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the rear lot line or conservancy zone on Lot 7, Block 3, to maintain the knoll as per Attachment A. Timber Creek North 8 June 5, 1987 B. Provide a tree replacement plan depicting 289 caliper inches of plant material. C. Revise the plans to reflect a 5-foot wide concrete sidewalk along one side of Timber Creek Drive and Timber Creek Circle. Relocate the trail easement from between Lot 1, Block 2, and Lot 1, Block 3, to between Lots 5 and 6, Block 3. D. Provide typical retaining wall details. Any wall exceeding 4 feet in height will require a building permit. E. Revise the plans to reflect a 25-foot front yard setback to the garage in the multi-family area. Relocate the parking within the Timber Creek Circle right-of-way. F. Submit a signage program regarding the phasing committment for multiple/single family relationship. G. Provide additional coniferous plantings and berming to provide a buffer between the multiple and single family dwellings. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water and erosion control plans for review by the Watershed District. B. Submit detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. C. Provide right-of-way for C.S.A.H. #62 and Towline Road as required by Hennepin County and the City of Eden Prairie. 3. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 46 hours in advance of grading. Stake all grading limits with a snow fence. Any trees lost outside the limits shall be replaced on an area inch per area inch basis. B. Stake the construction limits with erosion control fencing. 4. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Submit building material samples and colors for review. 5. Apply for, and receive, variances from the Zoning Board of Appeals for certain requirements as set forth in the Shoreland Ordinance for Lot 10-13, Block 3, and Lots 5-7, 37, and 38, Block 5, of the multi-family area. 6. Concurrent with final plat, proponent shall dedicate Outlot B to the City for conservation purposes. In addition, proponent shall dedicate Outlot A (floodplain) to the Eden Prairie Foundation. ` N � ` ^ ^ ` ' } ATTACHMENT A C C MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: Bob Lambert, Director of Community Services 741— DATE: June 10, 1987 SUBJECT: Supplementary Staff Report to the June 5, 1987 Planning Staff Report on Timber Creek North Attached is a copy of the June 5, 1987 report from Don Uram regarding the Timber Creek North proposal. The park, recreation and natural resource issues relating to this proposal are as follows: 1. Park dedication in lieu of park fees. 2. Floodplain gift to the Eden Prairie Foundation. 3. Trail connections between neighborhoods. 4. Grading and tree replacement. 5. Floodplain and Shoreland Management Ordinance requirements. The Planning Commission reviewed this proposal on June 8, 1987 and continued the item to allow the Parks, Recreation and Natural Resources Commission to make recommendations regarding trails and park dedication. PARK DEDICATION IN LIEU OF PARK FEES The developer is requesting zoning change from Rural to RM 6.5 on 14.9 acres and from Rural to R1-13.5 on 44 acres with variances, and preliminary plat of 89 acres into 110 lots, 3 outlots and road right-of-way. Since the early 1970's the City has recognized the high wooded hill on the north side of the creek as a unique natural feature that should be preserved. In the early 1970's the City made several attempts to acquire the property, then referred to as Eden Farms. There have been several development proposals over the years for this site; none have occurred on the north side of the creek due to the following issues that make it difficult to develop the site: a. The past uncertainty of the Crosstown Highway location. b. The high amount of unstable soils throughout the site. c. The City's desire to preserve the majority of the high wooded hill. d. The high amount of property the City has desired for dedication including the high hill, small pond on the east side and the Purgatory Creek floodplain; totalling between 50 and 6D acres of land. The developer in this case has agreed to dedicate a total of 51.1 acres for preservation; 21.1 acres are part of Outlot B, which shall be dedicated to the City in lieu of park fees; 30 acres is included in Outlot A, of the Purgatory Creek floodplain that will be donated to the Eden Prairie Foundation, which in turn will transfer the property to the City of Eden Prairie for preservation purposes. gt • c The existing City ordinance allows the City to require the developer to dedicate a "reasonable amount" of land that is being platted. A reasonable amount has generally I been referred to as 10% of the property being platted; therefore, the City could require a maximum of 8.89 acres for park dedication in lieu of park fees. In this case, as was stated earlier, the developer is proposing to dedicate 21.1 acres in lieu of park fees. The park fees that would be collected from this development would total $38,560 ($21,760 from the 68 townhomes and $16,800 from the 40 single family lots). The Community Services Department identified the top of the highest portion of the wooded hill as the most critical feature to preserve. Staff also felt it was important to preserve the wooded east slope of the hill down to the small pond, and to presrve the majority of the three small knolls located south of the pond between the pond and Purgatory Creek. This proposal accomplishes that objective. This 21 acre Outlot will be designated a conservation area within the park system and is not proposed for any active use development. There are some residents located to the east of this site that believe the developer should dedicate additional parkland in an attempt to preserve more of this site. The developer has obviously far exceeded City ordinance requirements for dedication of parkland any additional park acquisition would have to be purchased. FLOODPLAIN OONATION TO THE EDEN PRAIRIE FOUNDATION The developer has platted the floodplain in Outlot A in order to guarantee preservation of the floodplain and proposed to donate the floodplain to the Eden Prairie Foundation as a gift. The Eden Prairie Foundation will in turn transfer ownership of the floodplain to the City of Eden Prairie for maintenance and management of this conservation area. TRAIL CONNECTION BETWEEN NEIGHBORHOODS Dne of the development goals in the park section of the 1979 Guide Plan Update was to "provide safe, convenient and coordinated facilities for pedestrian, bicycle and recreational vehicle movement throughout the City." Under this goal, the City established a policy to coordinate trail planning through the use of a City wide plan that would connect neighborhoods to parks, open space areas, shopping centers, adjacent neighborhoods and adjacent cities whenever possible. In the early stages of this development proposal, Timber Creek Drive was proposed to be extended through Outlot B to connect Creekview Lane. The Community Services Staff opposed the connection for two major reasons: 1. The connection would require significant soils correction along the south edge of the glacial pond and might, in fact, break the seal of that pond and drain it. 2. The road through the open space area would in fact cut the open space area in half and reduce the affect of the preservation of that natural feature. The Community Services Department does recognize the general philosophy that opposes . long cul-de-sacs and encourages connections of neighborhoods through the street a system, and does recommend connection of Creekview Lane to Timber Creek Drive via an 8' asphalt trail. . C C The community Services Department is also recommending connection of the Timber Creek North neighborhood across Purgatory Creek to Timber Creek Woods 2nd Addition via an 8' asphalt trail. This trail would be the pedestrian/bicycle connection for the Timber Creek North residents to their neighborhood park, which is Eden Valley Park located on Duck Lake Trail. The direct connection across Purgatory Creek puts this nighborhood park within a half mile walking distance from this neighborhood via a trail and sidewalk system. The "hard surface" trail connection was a major reason the Planning Commission continued the item, as there were numerous residents from the neighborhood tp the east opposed any trail connection other than a woodchip trail. It is the responsibility of the Community Services Staff to look at the overall trail system plan for the City and to recommend points of connection and routes for trails that will provide connections between neighborhoods and allow direct pedestrian/bicycle access to neighborhoods, parks, open space areas (where appropriate) and schools and shopping areas. Many individuals that live in the neighborhood to the east have indicated that they absolutely do not want any trail connection from their neighborhood to the west. Others have indicated they would "concede" to a woodchip trail extending from the end of Creekview Lane into the open space area. The main purpose of the trail is to connect neighborhoods. The quickest access for that neighborhood to Eden Valley Park, the neighborhood park serving their neighborhood, would be along the trail adjacent to County Road 4; therefore, this trail connection is not necessary to provide access from from the neighborhood to the neighborhood park. If the Parks, Recreation and Natural Resources Commissin and City Council are comfortable with a woodchip or aglime trail at this time, perhaps that is the type of trail that should be installed until the users of the trail system demand a higher grade of trail. GRADING AND TREE REPLACEMENT The developer has spent months working with the engineering staff and the planning staff devising a grading plan that will accommodate this type of development and will preserve as many trees as possible on the site. Lot lines have been proposed and grading plans proposed based on the lcoation of many significant trees. Commission and Councilmembers will note there is a significant difference in the estimated number of caliper inches of trees that will be lost between the City staff estimate and the developer's estimate. The developer is proposing to attempt to save an additinal 300+ inches of trees through the use of retaining walls, building placement, etc. The planning staff are taking a slightly more pessimistic view of what trees are really able to be saved and thus have arrived at a larger number of caliper inches of trees that should be replaced. The Community Services Staff suggest the Council consider agreeing to the 341 caliper inches to be replaced, and that the City take into account the amount of money the developer's investing in retaining walls, etc. in attempting to save the questionable trees, substract that amount from the cost of replacement of the additional 315 caliper inches and require the developer to bond for the difference for a minimum of two years. The Community Services Staff support the efforts of the developer to save some of these large significant hardwood trees and believe the City should give the developer some form of measurable credit for efforts to protect these trees, even if they are not successful. • C FLOODPLAIN AND SHDRELAND ORDINANCE REQUIREMENTS lirPage six of the Planning Staff Report summarizes the concerns the City has relating to the encroachment of this proposal into the conservancy zone, as well as the impact this proposal has relating to the Floodplain and Shoreland Management Ordinance. Sheet eight of twelve of the Timber Creek North plan depicts the existing conservancy zone and the proposed conservancy zone. Commission and Council members will note that the developer's requesting to move the conservancy line to allow for development of Lots 7 through 12 of Block 3 of the single family development and of Lots 5 through 10 and 36 through 38 of Block 5 in the multi-family townhome project. As a mitigating factor, the developer is also proposing to swing the conservancy line further away from the floodplain and three other areas bordering the creek; the largest area being within the proposed open space parcel on the east side of the site. Sheet eight of the Timber Creek North plan also depicts the portion of the floodplain that is proposed for fill, which includes the back of Lots 7, 8, 9, and 10 of Block 3 in the single family subdivision and the back of Lots 5-9 of the townhouse project. There is also a request for a variance for lot sizes less than 10,OD0 sq. ft. in the multi-family portion of the project. SUMMARY The Community Services Department recommend approval of Timber Creek North as per the Planning Staff Report with the following changes: 1. Staff accept land in lieu of park fees. 2. Developer be required to redraw the rear lot line of Lot 7, Block 3 below the 880 contour of the small hill presently located in the southeast corner of the lot. 3. Developer be required to construct a 5' concrete sidewalk along the inside radius of Timber Creek Circle and along the south side of Timber Creek Circle along the front of Lots 14 and 15 of Block 3; then southerly between Lot 15 of Block 3 and Lot 10 of Block 5; then westerly along the rear lot lines of Lot 5 thru 10 to the edge of the floodplain where the proposed sewer crossing of the creek intercepts the 100 year flood elevation contour. From that point, the City will construct a trail across the creek on top of the interceptor line connecting to the sidewalk in Tibmer Creek Woods 2nd Addition. (L UNAPPROVED MINUTES 11 EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 15, 1987 • • B. Timber Creek North Refer to staff report dated June 5, 1987 and memo dated June 10, 1987 from Bob Lambert, Director of Community Services. Lambert introduced Mr. Terry Snyder, development consultant representing Timber Creek North. Mr. Snyder reviewed the site which is located on 88.9 acres south of Townline Road and north of Purgatory Creek. Minor changes were made in the plan based on requests made by staff. The developer proposes building 68 cluster townhomes and 40 single family homes on the site. Mr. Snyder said !' the City has a unique opportunity to acquire additional parkland on this site, as the developer has agreed to dedicate 51.1 acres for preservation, 30 acres of which are in the Purgatory Creek floodplain, in lieu of cash park fees. The developer is requesting an amendment to the original PUD which was for the construction of 120 townhomes and 68 single family homes. Mr. Snyder said the . developer has reached a compromise with the City regarding the tree UNAPPROVED MINUTES IfEDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 15, 1987 _3- replacement policy. They are preserving approximately 85% of the existing trees and the developer feels that most of the trees, which the City'has-included As being potentially impacted, can be saved and the money used for retaining walls, etc. The other issue is the trail system. After several meetings with the neighbors, Mr. Snyder feels that everyone is satisfied with the exception of a few residents. The developer's basic premise it to preserve the area in its natural state and to provide three access points into the site. The three access points are at the top of the hill off Townline Road, at the end of the cul-de-sac for emergency vehicles and pedestrians and Creekview Lane. The developer agrees with staff recommendations regarding sidewalks. Lambert said that the developer is proposing that about 21 acres be dedicated to the City is lieu of cash park fees when only 8.8 acres is required. The floodplain area will be given to the Eden Prairie Foundation who will deed it back to the City. Lambert agrees with the developer's philosophy that if money is being spent to preserve trees, he should be getting credit for it. He added that the developer has done a very commendable job on a difficult site. Regarding trail connections, Lambert said that staff recommends a connection from the cul-de-sac to the west and existing Creekview Lane. He feels the trail should be hard surfaced in the future, but he sees no problem with a mowed path in the interim. Lambert said the rest of the trail system is quite extensive. One of staff's main concerns is the height of a gazebo which may be constructed on one of the lots and if it will be visible from the park area. He said staff will need to know the elevation of the drop of the hill before agreeing or disagreeing with the building of the structure. Baker asked what type of connection there is between Eden Valley Park and this neighborhood. Lambert said there will be a connection from the townhomes to the north down into this development. Baker asked if the trail to the park will be hard surfaced. Lambert said the use of the trail will be monitored, but aglime could be used. Judy Lynblad of 15916 N. Eden Dr. said she enjoys watching the wildlife in this area and would like it to remain this way. The amount of wildlife has already been drastically reduced and one of her major concerns is the natural drop between her home and her 1, neighbor that will be used for park access. She added that even , the best development proposal for this area will eliminate wildlife. l UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 15, 1987 -4- Pat Savage of 15924 N. Eden Dr. commented that the hill the neighborhood kids used for sliding in the winter will be gone. He was also under the assumptiod that the area the developer i5 speaking about belonged to the City. Ron Hanson of 15809 S. Eden Dr. referred to correspondence dated 2/11/80 and 8/9/80 from the City and added that at that time it was Carl Jullie's opinion that thrs site was at too steep a grade for a road to be built. Hanson is disappointed with what has happened in this area since that time. Ron Stevens of 6309 Creek View Lane said he appreciates all the parks Eden Prairie has, but no one in his neighborhood wants asphalt paths. He added that there are paths in rough shape all over the City which need to be repaired and that not many people use the paths anyway for biking or walking. Stevens said this area still has some wildlife. He repeated again that they do not want asphalt paths and the money should be used for other things that are necessary in the community since it is growing so fast. Baker asked Stevens to point out the trails he is objecting to on the site plan. Stevens did so. Baker noted that staff is not recommending any asphalt paths until the neighborhood requests them. Tom Schroeder of 6318 Creek View Lane said that his feelings are the same as Mr. Stevens since he also does not want any asphalt trails in this development. His main concern is that the residents are not involved in the decision-making process. Schroeder said his wife had to call the City Hall to find out what was going on and that this meeting was being held. He also said that he doesn't feel there will be a need to connect the neighborhoods and that there will be strong neighborhood involvement when this decision is ready to be made. Helen Savage of 15924 N. Eden Dr. said she understood that the land behind their home was to be kept in a natural state. She added that they never received a notice of any neighborhood meetings. Savage said she realizes they can't keep development out of the area, but she likes to look at a natural area and the rooftops of homes are not natural. She also said that the impression the developer gave that residents are in favor of this are not true. Kevin Devon of 16526 Creek Ridge Road feels that this area is precious and being from South Minneapolis originally, he appreciates the natural setting. Devon added that he has seen only one four wheel drive vehicle in this area, but mostly runners and walkers and he is impressed with this part of Eden Prairie. itI( � UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 15, 1987 -5- Bob Gilmer of 6460 Creek View Lane said that he also does not want paved trails. Mr. Snyder pointed out the two areas on the site plan where paved trails are proposed. 'Gilmer said his main.concern is emergency access, but he does not feel the access has to be paved to handle emergency vehicles. Gilmer went on to say that at one time the City Council said that this area was to remain parkland. He asked is there is a possibility that the City could buy this land and keep it as parkland. Paul Schwaneer of 15819 N. Eden Dr. said we will see the end of a beautiful recreation area when development begins. He objects to the creek crossing and asked what purpose it will serve. Lambert said the reason for the crossing is so residents will have a way to get to the neighborhood park. Schwaneer asked if the Commission is aware of future plans for soccer fields and parking lots in the Purgatory Creek Recreation Area. Lambert said staff did not feel that those uses were appropriate and the plans proposed in 1975 have been amended. Schwaneer asked if it would not be a fair request to ask the Commission to keep the area in its natural state. Helen Savage said she realizes that residents seem to be biased, but they would only like things to remain as they are. The residents have a long term interest in this area. Shaw asked what the average lot size in this area is. Mr. Snyder said it is approximately 18,000 to 19,000 square feet. Shaw asked what the average cost of a home in this area will be. Mr. Snyder said they would be in the $200,000 range. Shaw asked Mr. Snyder to comment on the natural watershed. Mr. Snyder showed its location on the site plan and said that water comes in on the west side of the hill. Shaw commented that it doesn't sound like the density is excessive. Snyder added that most of the existing trees will remain. Shaw asked Lambert to comment on the implication about the land being set aside as parkland in 1980. Lambert referred to the park plan for the years 1973-1975 and showed the area involved on the site plan. He said a 1979 referendum proposed 18-20 acres as parkland and the PUD in 1983 showed a similar configuration. However, unless the City buys the land, they have to work with the developer on what can be preserved. This developer is being very generous in this case. The park plan is only a guide and is subject to change. UNAPPROVED MINUTES 1rEDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 15, 1987 -6- Joyer said her concern is with the tree line and asked about the houses along the creek corridor. Mr. Snyder said, the entire area was developed'around'the fericeline. The developer is negotiating on eight or nine trees, but all the trees on the top of the hill will be saved and as many as possible along the fence line will also be saved. Cook said he understands that the proposed trail system will be added to the current path and construction will be minimal. Mr. Snyder said the developer will incorporate the existing system into a trail plan that works. Cook asked what type of system is proposed along the Crosstown. Lambert said there will be a sidewalk which will tie into the trail system. Baker asked what the price of the 12 lots will be. Mr. Snyder said they haven't finalized pricing yet, but they will run approximately $40,000 to $45,000 depending upon location. He added that the developer has no desire to negotiate a sale with the City. Baker asked for a review of the proposal for hard surface trails. Lambert said when trails are in between homes, they are generally hard surfaced so they are easily defined as trails. He cited an example of a grass trail in between homes near County Road 18 where residents were not aware it was a path and planted shrubbery, etc. He said they are trying to construct a hard surface path there at this point, but the residents adjacent to the trail are opposed to it since it would extent to the back of the lot line. Baker asked about the loop section. Lambert said this will be located between the tovnhomes and single family homes. Shaw said he welcomes input by residents and that the most concern seems to be with the hard surface trail which isn't proposed until requested by the neighborhood. MOTION: Shaw moved to recommend approval of Timber Creek North per still-recommendation with the contingency that prior staff approval be required before the gazebo proposed on Lot 7, Block 3 is constructed. Baker seconded the motion. Baker suggested that the motion include an agreement between the City forester and the developer regarding tree replacement. Cook added that making an entrance off Creek View Road only should be considered and that any decisions affecting the natural state of the area should be discussed with residents. These items were added to the motion and it passed 6-0. 4 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES COMMISSION June 15, 1987 -7- Mr. Schwaneer asked if it is required that residents be notified of Parks and Recreation Commission meetings. Lambert said no. The Planning Commission-sends out notices on public hearings. Schwaneer asked what can be done to change this procedure. Lambert said this is a legal issue and it would be costly to send out the additional notices to residents. He added that this proposal will go back to the Planning Commission next weds and will be presented to the City Council at their.July 7 meeting. "Y�J CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-187 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and, WHEREAS, the proposal of Mount Curve Developers for development of Mount Curve Addition for Low Density Residential use requires the amendment of the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 2.24 acres located at the southwest corner of Franlo Road and Mount Curve Road be modified from Medium Density Residential to Low Density Residential. AODPTEO by the City Council of Eden Prairie this 7th day of July, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk c �t i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-188 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MOUNT CURVE ADDITION FOR MOUNT CURVE DEVELOPERS BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Mount Curve Addition for Mount Curve Developers, dated May 18, 1987, consisting of 2.88 acres into 4 single family residential lots, 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 7th day of July, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk t Y`r STAFF REPORT ( TO: Planning Commission FROM: Michael D. Franzen, Senior Planner Hf ROUGH: Chris Enger, Director of Planning DATE: June 5, 1987 PROJECT: Mount Curve Addition LOCATION: Southwest quadrant of the intersection of Franlo Road and Mount Curve Drive. APPL ICANT/ FEE OWNER: Mount Curve Development/Olympic Hills Land Corporation REQUEST: 1. Comprehensive Guide Plan Pmendment from Medium Density Residential to Low Density Residential on 2.24 acres. 2. Zoning District Change from RM-6.5 to R1-13.5 on 2.24 acres. 3. Preliminary Plat of 3.13 acres into five lots. 4 Background , RM 6,5�+ This site is currently zoned RM-6.5 — ' ) and guided Medium Density � ' !P Res- idential according to a plan for ._ seven townhouses approved by the V City Council on June 17, 1986. This ' , -• site had originally been guided Low � • �° -. 1 Density Residential but the Guide • . .• A ft ,NI ` � Plan Change was made to Medium Density Residential, because at that 1 time, it was thought that a cluster 'b� �., .,� housing plan would preserve more of '. R. i ��� the existing site characteristics • �.-••; Q4��,•a' especially the six large oak trees, PROPOSED SITE --;: '% ; �/�+mirtil ill than if the site were developed as a '- w w single family plan at 2.5 o,.Y j�. '�fit . AO units/acre. The decision to change !♦� the guide plan to Medium Density was ;� r ``! tnot based solely on the amount of �` 6 itrees preserved on the property, but 11 on how well the project transitioned to the surrounding residential j 'g.le lb. 4 areas. '• :: �r• \� rq0,7 , S1M jfi ii, , 1� i ! �10[el/n3 r _ AREA LOCATION MAP Mount Curve Addition 2 June 5, 1987 Site Plan The preliminary plat depicts the subdivision of 3.13 acres into five lots. Four single family lots are proposed on 2.24 acres of lard and approximately 0.6 acres of land is for the existing maintenance building. The density of the single family portion of the site, based on 2.24 acres, is 1.78 units per acre. All lots meet the minimum dimensional and square footage requirements for the R1-13.5 zoning district. Access to this proposed subdivision will be from Mount Curve Road. Lot 4 will have an individual driveway access while Lots 1 through 3 will share a common access on Mount Curve Road. The proponents will be required to submit for City review, a filed and recorded document which covers the cross-access and maintenance for the driveways on Lots 1, 2, and 3, prior to the release of the final plat. Grading The attached drainage and grading plan for the multiple family project indicated that four out of the six large oak trees would be retained on-site. The proposed single family plan would save five oak trees. It is possible to save the 32-inch oak tree on proposed Lot 1 by shifting the building approximately 10 feet to the north. As compared to the previously approved plan, overall grading is somewhat less with more of the existing forest cover being retained on proposed Lot 4 than under the approved plan. Utilities Sewer and water service can be extended into this site by connection to existing facilities in Mount Curve Road and Franlo Road. As part of an overall storm drainage study prepared for the previously approved townhouse plan, a ponding area is required to be built on this site to serve a portion of the drainage needs for an area serving approximately 15 acres surrounding this site. Storm water run-off from Mount Curve Road and Clubhouse Road would drain into this proposed storm water pond. Water from this pond would cross under Franlo Road into the ponding area as part of the Jay Wallace Subdivision directly east of this site. Since the high water level of the pond is set for an elevation of 854, the basement elevation of the structures must be at a minimum elevation of 856.2. All of the proposed houses are above this elevation. STAFF RECOMMENDATIONS Staff would recommend approval of the request for Comprehensive Guide Plan Change from Medium Density Residential to Low Density Residential, Zoning District Change from RM-6.5 to R1-13.5 and a Preliminary Plat of 3.13 acres into five lots based on the recommendations of the Staff Report, dated June 5, 1987, and based on plans dated May 7, 1987, and subject to the following conditions: 1. Prior to City Council review, the proponent shall: A. Modify the grading plan to shift the building on proposed Lot 1 approximately ten feet to the north to remove the grading from the drip line limits of the 32-inch oak tree. lc- Mount Curve Addition 3 June 5, 1987 2. Prior to Final Platapproval, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Submit plans for review by the Fire Marshal. 4. Prior to the release of the Final Plat, proponent shall submit evidence of filing and recording of documents covering cross-access and maintenance for the driveway on proposed Lots 1, 2, and 3. 5. Prior to Grading permit issuance, proponent shall stake the proposed construction limits with a snow fence. Any trees lost outside ofthe construction limit area shall be subject to tree replacement based on an area inch per area inch basis. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 111 RESOLUTION NO. 87-189 A RESOLUTION APPROVING THE EDENVALE EXECUTIVE CENTER II PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL EDENVALE 9TH ADDITION INDUSTRIAL PARK PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Edenvale Executive Center II development is considered a proper amendment to the overall Edenvale 9th Addition Industrial Park Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Equitable Life Assurance Society for PUD Concept Amendment approval to the overall Edenvale 9th Addition Industrial Park Planned Unit Development Concept for the Edenvale Executive Center II development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on July 7, 1987; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: ( 1. The Edenvale Executive Center II development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Edenvale 9th Addition Industrial Park Planned Unit Development Concept as outlined in the application materials for Edenvale Executive Center II. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated June 8, 1987. ADOPTED by the City Council of Eden Prairie this 7th day of July, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTIDN #87-190 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENVALE EXECUTIVE CENTER II FDR EQUITABLE LIFE ASSURANCE SOCIETY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Edenvale Executive Center II for Equitable Life Assurance Society, dated April 24, 1987, consisting of 15.5 acres into one lot for construction of 172,900 square feet of industrial uses in three buildings, a copy of which is on file at the City Hail, 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 7th day of July, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk 1 4 • ESp 3. 2 SUPPES P1AUTZ ARCHIRECTS LTD•ONE HUNDRED AND T WENTY•FIRST AVENUE NORTH•MINNEAPOLIS MINNESOTA 554O1.612-339-0313 29 June 1987 • Mr. Michael D. Franzen, Senior Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Edenvale Executive Office Park II Comm. No. 6044.801.01.2 Dear Mr. Franzen: Thank you for your time and assistance with the Edenvale Executive Park project. Following the Planning Commission approval, we met to discuss the staff comments which were contingent to approval. We have addressed all of the comments. The following is a review of your comments and our response. 1. Prior to City Council Review: • A. Modify the landscape plan to provide additional coniferous plantings to screen the parking and loading areas from Equitable drive. — Per our discussion, plantings have been redistributed to • provide additional screening. See revised landscape plan. 8. Modify the site plan to shift the southerly driveway access on Equitable Drive to the northeast. — The driveway is shifted approximately 20' to the northeast. See revised site plan. C. Modify the site plan to provide internal sidewalk connections between buildings and existing sidewalk. l' — Sidewalk will be provided from the existing walkway along Executive Drive to the project. Internal sidewalks connecting the buildings will be provided. D. Submit an overall rooftop mechanical screening plan with details for review. — Design of the HVAC system has been revised to decrease the use of rooftop mechanical units. Remote condensers in the truck dock area and interior furnaces will be used. This E€ will eliminate the need for roof screens. Should tenant needs require the use of rooftop units, screens will be ir provided per the attached detail. Mr. Michael D. Franzen 29 June 1987 Page 2 f 2. Drawings have been submitted for storm water runoff and erosion control for review by the Watershed District. Plans will be submitted for review by the City Engineer. 3. Completed Contract Documents will be submitted in July for review prior to building permit application. Thank you again for your assistance in this project and we look forward to other projects with you in Eden Prairie. Sincerely, Bryan Gatzlaff aM4 Copy: John Dawson Art Sukenik Paul Dunn File BG:tlo/clo 1t6-29 equedn • i . i I , 9 • , .. i i I i i 1 t. , ' li I 1 II , II 1 i I!I 1 ! 1 1 1 I 7 1111T / , - --- ---- - I 2 ' I i 1 -N- t . i ; Is • - -----140•01141b4416131C reSIM.- 10> /I— • Zi. 1 I ve.• smiswa , . . i : ---Tleisii450 ( _madrrs--fkawG__, e•:- --- • 1..J.x4saiz. s2 11 4- " •It 4I-o‘ aitsirsr.5 t .g r I ' ' —vgici% 2,4e 24f — / / / It i --- - 4a60... . . cta•qa. ' — - .4_ — i ------ I " =re-_- -.. ...--: . 1 .., 1 ' • 1 ---'111AraCIESAkeb—. ' 'PV.: ' 0) —L.--164464k0'''sor 7 i i N . I Ptmeig -* 144 ' - SEIGrie,4 • ( EPS .NAk t...E. ES Ec-u-rIN E, 14,e44„ rmr7Pa..I-9!,..i..u.n7ARCHITECTSt.n) Pi+AiS 6 II orAf.HuNt CI D NAN*1,*4 4167 AO NI Nowu 4•Lit.131 .,7 ) _ %VS LAWALMINNESjIA LiA(),•,,i 2 via,Lap,3 : 7, STAFF REPORT ( TO: Planning Commission FROM: Michael D. Franzen, Senior Planner Frig UGH: Chris Enger, Director of Planning DATE: June 5, 1987 PROJECT: Edenvale Executive Center Phase II LOCATION: South of Valley View Road between Equitable Drive and Executive Drive. APPLICANT/ FEE OWNER: Equitable Life Assurance Society REQUEST: 1. Planned Unit Development Concept Amendment on approximately 100 acres. 2. Planned Unit Development District Review on 15.5 acres, with a variance for up to 60% Office use. 3. Zoning District Change from Rural to I-2 Park on 15.5 acres. 4. Preliminary Plat of 15.5 acres into one lot. l �� +� -J a Background � The Comprehensive Guide Plan depicts tM-2.5 '�I'' I Isio this site as an Industrial land use. .511 Surrounding land uses are Medium RIR-2.Density Residential to the north C-CO across Valley View Road; Office to the east and south of the site; and, C-CO .,, /,/. Industrial to the west. This site /Ot`"' ,; . is part of a previously approved 4 �' Planned Unit Development Concept i - Plan for a mixture of Office and i:•+•�O'�'� Industrial uses on approximately 100 ,,,•++Qio+eQ acres of land. The PUD depicted k.... ,t4 1 this site as an Industrial land use. .' RI •;•.+ii+i..� is i Site Plan :a 0 t, ter C-REG l The site plan involves the con- MI ` T9 PROPOSED SiTE struct ion of three, one-story ). 4 buildings, totalling 1e, o square V ~ ,, { feet of building at a Floor Area //1' Ratio of 0.25. The I-2 Park zoning c1� h t district would permit up to a 0.3 �-5 t I FAR for one-story buildings. Jo,'" . AREA LOCATION MAP , . Edenvale Executive Center Phase II 2 June 5, 1987 ( Building and parking areas meet the minimum required setbacks for the I-2 Park zoning district. The proponents are requesting a variance under the PUD district review to allow 6D% office. The I-2 Park zoning district permits up to 50% office. The parking requirements, based upon 6D% office with the remainder of the space divided into 20% warehouse and 20% manufacturing, would be a total of 638 parking spaces. A total of 669 parking spaces are provided on-site. Dimensions for parking spaces and driveway isles along portions of Equitable Drive, although labeled as meeting the ordinance requirements, when scaled, are actually less. For example: a 63-foot center-to-center dimension for perpendicular parking as labeled on the plan actually measures 60 feet. There is adequate room on the site plan to adjust the dimensions to meet ordinance requirements for parking and should be completed prior to Council review. Architecture The proposed one-story buildings will be constructed out of facebrick, glass, and rock face block. The exterior building elevations will be similar to the building in which the City Hall is located building material types areproposed rfor l toy theloading the sareas.t of thBrickis tis proposeditoebe wrapped around the building corners to the first loading bay. The balance of the interior walls within the truck court area will be constructed out of rock face block. Plans submitted at building permit issuance must depict the use of building materials as described above. Rooftop mechanical screening is proposed to be constructed out of wood or metal panel though no specific mechanical screening plan with details has been submitted for review at this time. The Code would require that the mechanical units be screened from all public roadways and adjoining differing land uses with materials that are architecturally integral with the building. This would mean that the mechanical unit screening should be constructed out of metal panel. Prior to Council review, the proponent shall submit a rooftop mechanical screening plan with details for review. Grading The entire site will be graded to provide a level area for building and parking. Portions of the site will be cut up to eight feet to provide fill for the lower levels of the site adjacent to Valley View Road. Although overall site grading could generally be described as minimal, it will result in the loss of the four large oak trees on-site which will be subject to tree replacement. Landscaping The amount of landscaping required for this site based on City Code would be based on the caliper inch requirement for the square footage of the building, screening of parking areas, screening of loading areas, and tree replacement. Parking areas will be visible from Equitable Drive since the roadway is at a higher elevation than the adjoining parking lot. In this situation, berming cannot be constructed high enough within the setbacks to properly screen parking; therefore, screening must rely solely upon the use of plant materials. The landscape plan should be revised to provide additional coniferous materials along the entire length of Equitable Drive. • 1 Edenvale Executive Center Phase II 3 June 5, 1987 The loading facilities will be visible along Equitable Drive. The view of the loading facility from the east driveway can be better screened with the use of additional and larger conifers within the setback area to parking along Equitable Drive. To better screen the view of the loading facility along the south driveway on Equitable Drive, the driveway entrance should be jogged to the northeast to provide a larger planting area directly in front of the throat of the loading facility. Within this area, additional and larger conifers can be planted. A total of 88 caliper inches of oak trees are being lost due to construction. The plan depicts a 2/1 replacement of these trees, or a total of 176 caliper inches. The tree replacement policy would require the replacement of 88 caliper inches. In addition, as part of past approvals for this site, relative to the loss of oak trees, each site within the 100-acre Edenvale development is required to replace oak trees at a ratio of 5.0 caliper inches per acre. The landscape plan contains 79 caliper inches to fulfill this requirement. Traffic This project falls within Traffic Assignment Zone (TAZ) #39 of the BRW study for traffic within the Major Center Area (MCA). The BRW study estimate for this parcel, including a 20% trip reduction as recommended in the study, would be 206 p.m. peak hour trips. For this project, a total of 191 p.m. peak hour trips is estimated. Utilities Sewer and water service can be extended to this site by a connection to an existing facility in Executive Drive and Equitable Drive. Storm water run-off is proposed to sheet drain across the parking lot into catch basins which are connected to existing storm sewer system in Executive Drive and Equitable Drive. Sidewalk and Trails There is an existing five-foot wide concrete sidewalk along the east side of Executive Drive and the south side of Equitable Drive. There should be internal sidewalk connections between the buildings on-site and the sidewalk. In addition, there will be an eight-foot wide bituminous trail along Purgatory Creek as part of the approved trail system for the 100-acre PUO. Signage The proponents must submit an overall signage program with details for review. Signage should be consistent with Edenvale Executive Center Phase I. STAFF RECOMMENDATIONS The Staff would recommend approval of the request for Planned Unit Development Concept Amendment on 100 acres, Planned Unit District Review with variances on 15.5 acres, Zoning District Change from Rural to I-2 Park on 15.5 acres, and a Preliminary ( subject to the arecomnendations oft the o nStaffe lot�Report, dated basd on plJune ans d5, 1987,i and ated Aprl 4subject to the following conditions: Edenvale Executive Center Phase II 4 June 5, 1987 1. Prior to City Council review, proponent shall: A. Modify the landscape plan to provide additional coniferous plantings to screen the parking and loading areas from Equitable Drive. }}1 B. Modify the site plan to shift the southerly driveway access on Equitable Drive to the northeast. C. Modify the site plan to provide internal sidewalk connections between the buildings and the existing sidewalk. D. Submit an overall rooftop mechanical screening plan with details for review. Materials for the rooftop screen should be architecturally integral with the building. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, erosion control, and utility plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Submit samples of proposed exterior materials and rooftop screening for review. C. Submit plans for review by the Fire Marshal. D. Submit detailed building elevation plans which depict the use of rock face block and brick within the interior loading facilities. Brick will be extended to the first loading bay from each driveway entrance. E. Submit an overall signage plan with details for review. l j./ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-191 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THOMPSON'S ADDITION FOR DAVID THOMPSON BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Thompson's Addition for David Thompson, dated June 4, 1987, consisting of 0.993 acres into 2 single family lots and road right-of-way with variances to be reviewed by the Board of Appeals, 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 7th day of July, 1987. Gary D. Peterson, Mayor ATTEST: - a John D. Frane, City Clerk • STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Planner HROUGH: Chris Enger, Director of Planning DATE: June 19, 1987 PROJECT: Thompson Addition APPLICANT/ FEE OWNER: David Thompson REQUEST: Preliminary Plat of approximately 0.993 acres into two single family lots and road right-of-way. Background This site is currently designated on „1 , the Eden Prairie Comprehensive Guide B Plan for Low Density Residential `P` r �' land uses. Surrounding designations �''L*'. j � t within this area are also Low • , 'V;;d*` 7 ht ,til .f -q rr Density Residential. Specific land ®� •" a sr.` �} "`, •a uses include the Westgate Addition, •�^ zoned R1-22 to the south; Esther 5 ® �� 1};,57"4'e �r Hills 1st Addition, zoned R1-22 to 7' a 1ri w tal .� �'` the north; the Treanor Addition, , �pi�� � '` zoned R1-22 to the west; and, large �... „� lot single family development, zoned -��. �' � RD ';E R1-22 to the east. The proponent is ru■;� �6 'AC requesting the preliminary platting .� ■ t of approximately 0.993 acres into PROPOSED SITE .� two single family lots and road fEjet f right-of-way. . . '` ■nna s E' ti Site Plan/Preliminary Plat M lnitftyr _2 III —,��V � PUB uquailar7, wo 0_,77�t. The property is currently zoned R1- *CO -, , ley.cad , 61 fy`22 and is designated Low Oensity •COM W,°�c• •2 '�=�y fr/'� Residential on the Comprehensive , ,Me/ Guide Plan. The parcel has 208 feet 1� 2 ��y`'.r' . I_ , of frontage on Valley View Road. The request of the proponent would ' ��IET�T� be to divide the one lot into two • lots with 40 feet of right-of-way 5 .� ,a fi• 4 ' dedicated for Valley View Road. 1 C"HW� !/ There are a number of homes along I I 1-2 i ,/ Valley View Road with driveways ( III% ;, ( L' AREA LOCATION MAP i • Thompson Addition 2 June 19, 1987 directly accessing the street. For safety reasons, Staff would recommend that the proponent provide a turn-around on Lot 1 to eliminate any backing movements into Valley View Road. Because of the location of the existing house on Lot 2, the proponent is subdividing the parcel into two lots with 95 feet of frontage for Lot 1, and 113 feet of frontage for Lot 2. The lot sizes will range in size from 15,200 square feet to 19,740 square feet. The lots do not meet the minimum requirements of the R1-22 zoning district for lot size and a sideyard setback (less than 15 feet for Lot 2). The proponent will be required to file an application with, and receive variances from, the Board of Appeals. Adjacent Land Uses In a previous report for the Treanor Addition, approved in 1984, the proponent was subdividing property which was zoned R1-22 with lot sizes of 15,985 square feet. At that time, the question was whether or not the lot sizes proposed were consistent with existing lots in the surrounding neighborhood. Based upon the lot sizes within this area, which range from approximately 23,000 square feet within the Westgate Addition to approximately 17,500 square feet within Esther Hills 1st Addition, it was decided that lot sizes such as this would be acceptable. The lots proposed are comparable to those in the Treanor Addition. Utilities With the construction of Valley View Road, the City of Eden Prairie is installing sanitary sewer and water service to the proposed lot. STAFF RECOMMENDATIONS Staff would recommend approval of the request for the preliminary plat of approximately 0.993 acres into two lots and road right-of-way based upon revised plans dated June 4, 1967, and subject to the following conditions: 1. Assessments for lateral sewer and water would become effective for each lot platted that has not been previously paid. 2. Cash Park Fee to be paid at the time of issuance of building permit for proposed Lot 1. 3. Obtain lot size and setback variances from the Board of Appeals. 4. Revise the plans to reflect a driveway turn-around for Lot 1 so as to allow for no backing onto Valley View Road. 9 VAC 87-04 CITY DF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 87-157 VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOT 1, THROUGH 6, BLOCK 6, TIMBER CREEK WOODS SECOND ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All drainage and utility easements over Lots 1 through 6 inclusive, Block 6, Timber Creek Woods Second Addition, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, a public hearing was held on July 7, 1987 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 7, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 1 VAC 87-05 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 87-j VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOT 1, 8LOCK 1, PRAIRIE KNOLL WHEREAS, the City of Eden Prairie has a certain drainage and utility easement described as follows: That part of the drainage and utility easement as shown on Lot 1, Block 1, PRAIRIE KNOLL, according to the recorded plat thereof, lying north of a line 20.00 feet north of the following described line and its westerly extension: Commencing at the southeast corner of said Lot 1; thence northerly along the easterly line of said Lot 1 a distance of 19.54 feet; thence North 87 degrees 36 minutes 46 seconds West to the intersection with the northerly extension of the west line of Lot 2, said Block 1 and the point of beginning of said line; thence continue westerly along last described course to the intersection with the most westerly line of said Lot 1 and said line there terminating except the northwesterly 10.00 feet and the southwesterly 20.00 feet of said Lot 1. For the purpose of this description the northwesterly line of said Lot 1 is assumed to have a bearing of North 56 degrees 30 minutes 00 seconds East. WHEREAS, a public hearing was held on July 7, 1987 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said easement is not necessary and has no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easement as above described is hereby vacated. 2. The City Clerk shall prepare a notice of completion of proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 7, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk { DISTRIBUTIONS BY FUND 10 GENERAL 395859.22 11 CERTIFICATE OF INDEBT 11587.40 LIQUOR STORE-P V M 80430.85 LIQUOR STORE-PRESERVE 51750.65 25 TRANSIT SYSTEM -29.99 31 PARK ACQUIST & DEVELOP 8175.54 33 UTILITY BOND FUND 24931.03 39 86 FIRE STATION CONSTRUCT 19221.74 51 IMPROVEMENT CONST FD 90661.06 57 ROAD IMPROVEMENT CONST FD 1972.08 73 WATER FUND 46321.80 77 SEWER FUND 131597.87 81 TRUST & ESCROW FUND 1109.23 $863588.48 • t /?70 JULY 7,1987 34987 VOID OUT CHECK 885.00- 35338 VOID OUT CHECK 35434 VOID OUT CHECK 421.14- 478 VOID OUT CHECK 38.00- 81 GME CONSULTANTS INC SERVICE-WYNDHAM KNOLL 28.35- 7 3 . 6374.11 3D482 BEER WHOLESALERS INC BEER 35483 CAPITOL CITY DISTRIBUTING CO BEER 15.90 35484 COCA COLA BOTTLING CO MIX 867.95 35485 DAY DISTRIBUTING CO BEER 5369.95 35486 EAST SIDE BEVERAGE CO BEER 15428.65 35487 KIRSCH DISTRIBUTING CO BEER 443.70 35488 MARK VII SALES BEER 17335.05 35489 PEPSI/7-UP BOTTLING CO MIX 623.90 35490 ROYAL CROWN BEVERAGE CO MIX 163.50 35491 THORPE DISTRIBUTING CO BEER 19066.45 35492 TWIN CITY HOME JUICE CO MIX 12.48 35493 PATRICIAS FRAME SHOP EXPENSES-POLICE DEPT 80.00 35494 CARLSON & CARLSON ASSOC -ANNUAL RETAINER FEE-EMPLOYEE ASSISTANCE 750.00 PROGRAM 35495 AT & T INFORMATION SYSTEMS SERVICE 83.15 35496 AT & T INFORMATION SYSTEMS SERVICE 342.41 35497 AT & T COMMUNICATIONS SERVICE 17.08 35498 NORTHWESTERN BELL TELEPHONE CO SERVICE 3705.56 35499 NORTHERN STATES POWER CO SERVICE 4333.67 35500 MINNESOTA GAS CO SERVICE 1856.07 35501 MPLS TECHNICAL INSTITUTE 1ST AID TRAINING-TEEN VOLUNTEER PROGRAM 35.00 35502 BRYAN ROCK PRODUCTS INC BLACKTOP-STREET DEPT& PARK DEPT 421.44 35503 DUNLOP SPORTS CORP TENNIS RACQUETS-COMMUNITY CENTER 288.02 35504 YOUNGSTEDTS INC WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 61.90 -05 VOID OUT CHECK 0.00 06 PETTY CASH PETTY CASH FUND-PLANNING DEPT 100.00 35507 VOID OUT CHECK 0.00 35508 GOPHER STAGE LIGHTING -SPOT LIGHTS & EQUIPMENT RENTAL FOR ICE 512.50 SHOW-COMMUNITY CENTER 35509 U S POSTMASTER POSTAGE-PARK BOND REFERENDUM SURVEY 554.40 35510 HENN COUNTY GOVNT CENTER POSTAGE-PARK BOND REFERENDUM SURVEY 37.78 35511 DOUGLAS SMITH EXPENSES-POLICE DEPT 100.00 35512 KATHLEEN ANDERSON REFUND-SWIMMING LESSONS 18.00 35513 BRIAN ASBY REFUND-SWIMMING LESSONS 11.00 35514 KRISTEN ASBY REFUND-SWIMMING LESSONS 11.00 35515 SHANNCN CASSADY REFUND-SWIMMING LESSONS 26.00 35516 ANESHA DAVIS REFUND-SWIMMING LESSONS 18.00 35517 BRIAN DETERMAN REFUND-MEMBERSHIP 32.75 35518 MEGAN DURR REFUND-SWIMMING LESSONS 20.00 35519 CAROL GRAY REFUND-SWIMMING LESSONS 35520 JOY JOHNSON REFUND-FITNESS CLASSES 18.00 25.00 35521 SHERRI KNOTTS REFUND-MINNESOTA ZOO TRIP 35522 ROBBIE MCCHANE REFUND-TENNIS LESSONS 8.0000 35523 JEREMY MEYER REFUND-TENNIS LESSONS 13.00 35524 VOID OUT CHECK 35525 MATTHEW MILLAGE REFUND-SWIMMING LESSONS 0.00 35526 VICKI MITCHELL REFUND-MEMBERSHIP 25.00 .00 35527 KRISTIN NAGLE REFUND-SWIMMING LESSONS 10 35528 ERIN NOTERMANN REFUND-SWIMMING LESSONS 13.00 ?5529 SHAWN NOTERMANN REFUND-SWIMMING LESSONS 13.00 13.00 ,o36738 1 JULY 7,1987 35530 BRIAN D PRESTEGAARD REFUND-SWIMMING LESSONS 11.00 35531 DAVID N PRESTEGAARD REFUND-SWIMMING LESSONS 11.00 35532 ALAYNA SORENSON REFUND-PRESCHOOL PLAYGROUND CLASS 17.00 j (533 TAYLOR SORENSON REFUND-PRESCHOOL PLAYGROUND CLASS 17.00 534 KRISTIN WALLACE REFUND-SWIMMING LESSONS 16.00 535 ERIC WENKUS REFUND-TENNIS LESSONS 13.00 35536 RYAN WENKUS REFUND-TENNIS LESSONS 13.00 35537 JENNIFER WILSON REFUND-SWIMMING LESSONS 14.00 35538 JEREMY WOLTER REFUND-SWIMMING LESSONS 16.00 35539 MATTHEW MILLAGE REFUND-MINNESOTA ZOO TRIP 2.00 35540 JAMES LEE MATSON FIREMAN CALLS 885.00 35541 MN GREEN INDUSTRY 87 CONFERENCE-STREET DEPT 21.00 35542 TOM TESCH EXPENSES-STREET DEPT 15.00 35543 SUPPLEES 7 HI ENTER INC ADDITIONAL JUNE 87 RENT-LIQUOR STORE 46.20 35544 JOYCE CONLEY CONFERENCE-POLICE DEPT 25.00 35545 PHIL STUEMKE EXPENSES-POLICE DEPT 100.00 35546 MINNESOTA GAS CO SERVICE 154.21 35547 JOHN HAMRE SERVICE-HOMEWARD HILLS 280.00 35548 COMMISSIONER OF REVENUE MAY 87 FUEL TAX 93.50 35549 COMMISSIONER OF REVENUE JUNE 87 ESTIMATED TAXES 10550.00 35550 COMMISSIONER OF REVENUE MAY 87 SALES TAX 17222.93 35551 NORTHWESTERN BELL TELEPHONE CO SERVICE 1128.97 35552 AT& T INFORMATION SYSTEMS SERVICE 27.90 35553 RON FUNK CONFERENCE-POLICE DEPT 24.23 35554 GRACE TESTER/TREASURER MEMBERSHIP DUES-POLICE DEPT 15.00 35555 JAMES BERGSTROM CONFERENCE-POLICE DEPT 27.73 35556 PETTY CASH PETTY CASH FUND FOR PLAYGROUNDS 35557 TAMMY RIAL REFUND-GOLF LESSONS 100.002 35558 BRIAN JACOBS REFUND-BASEBALL LEAGUE 13.003.00 "559 KATHY JUVELI REFUND-GOLF LESSONS 22.00 ( ,60 VOID OUT CHECK 0.00 35561 FEDERAL RESERVE BANK PAYROLL 6-12-87 43709.81 35562 COMMISSIONER OF REVENUE PAYROLL 6-12-87 11426.51 35563 PHYSICIANS HEALTH PLAN MAY& JUNE HEALTH INSURANCE 381.78 35564 ICMA RETIREMENT CORP PAYROLL 6-12-87 850.00 35565 35566 INTLTUNION OF WEST FOPERATINNG ENG JULY 87 UNIONB E ASSURANCE PAYROLL 6-12- 7 4176.00 DUES 650.00 35567 PERA PAYROLL 6-12-87 35568 UNITED WAY OF MINNEAPOLIS PAYROLL 6-12-87 21773.71161.88 35569 CITY-COUNTY CREDIT UNION PAYROLL 6-12-87733.13 35570 NORTHERN STATES POWER CO SERVICE 35571 VALLEY FAIR -ADMISSION TICKETS-YOUTH SPECIAL EVENT- 6 .50 COMMUNITY CENTER 6433.50 35572 TOM BRYAN REFUND-TENNIS LESSONS 35573 DEREK FOSSEY REFUND-PRESCHOOL PLAYGROUND 17.00 17.00 35574 DUSTIN FOSSEY REFUND-PRESCHOOL PLAYGROUND 35575 DAVID HELD REFUND-MEMBERSHIP 10.80 48.00 35576 ANGIE HENRIKSON REFUND-VALLEY FAIR TRIP 35577 ASHLEY KELLY REFUND-PRESCHOOL PLAYGROUND8.00 35578 MISSY MOORE REFUND-TENNIS LESSONS 17.00 35579 GREG RIEN REFUND-TENNIS LESSONS 13.00 35580 GINA SANDVICK REFUND-VALLEY FAIR TRIP 17.00 35581 KAREN SCHECHTER REFUND-GOLF LESSONS 25.00 35582 ELIZABETH SCHMIDT REFUND-PRESCHOOL PLAYGROUND 17.00 /35583 ED PHILLIPS & SONS CO LIQUOR 7494.60 .e373393 i JULY 7,1987 35584 GRIGGS COOPER & CO INC LIQUOR 35585 EAGLE WINE CO WINE 6327.54 35586 PRIOR WINE CO WINE 1872.64 45587 QUALITY WINE CO WINE 2709.25 588 VOID OUT CHECK 3986.23 d589 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 0.00 35590 PAUSTIS & SONS CO WINE 8942.34 35591 CAPITOL CITY DISTRIBUTING CO WINE 45.40 35592 AMERICAN ARBITRATION ASSOC FILING FEE-COMMUNITY CENTER LITIGATION 94.45 35593 PETTY CASH-PUBLIC SAFETY DEPT EXPENSES-POLICE DEPT 357.90 35594 NORTHERN STATES POWER CO SERVICE 57. 0 35595 NORTHERN STATES POWER CO SERVICE 10596.02 35596 HOPKINS POSTMASTER POSTAGE-WATER RESTRICTION MAILINGS 11061.07 35597 JIM WALTER PAPERS XEROX PAPER-CITY HALL 52 .07 35598 BUREAU OF ALCOHOL TOBACCO & FIREA LICENSE-LIQUOR STORE 108.00 35599 NORTHWESTERN BELL TELEPHONE CO SERVICE 08. 35600 HOPKINS POSTMASTER -POSTAGE-ADDITIONAL WATER RESTRICTION 55.18 55.28 MAILINGS 35601 FEDERAL EXPRESS POSTAGE-HUMAN RESOURCES 14.00 35602 MINNESOTA ZOO SPECIAL EVENT/FEES PD-COMMUNITY CENTER 35603 CHEAP SKATES OF MINNETONKA SPECIAL EVENT/FEES PD-COMMUNITY CENTER 92.00 35604 VOID OUT CHECK 92.00 35605 VOID OUT CHECK 0.00 35606 NORTHWESTERN BELL TELEPHONE CO SERVICE 0.00 35607 CHEAP SKATE OF MINNETONKA SPECIAL EVENT/FEES PD-COMMUNITY CENTER 19.00 35608 NORTHERN STATES POWER CO SERVICE 44.00 35609 JASON-NORTHCO PROPERTIES JULY 87 RENT-LIQUOR STORE f71.30 4 35610 STATE OF MINNESOTA -BOILER EXEMPTION CERTIFICATE FEE- 920. 0 COMMUNITY CENTER 20.00 ' 511 CITICORP INDUSTRIAL CREDIT JULY 87 MAINTENANCE AGREEMENT 12 WELSH COMPANIES JULY 87 RENT-CITY HALL 449.61 3613 MICHAEL FLYNN REFUND.-MEMBERSHIP 19.60 35614 MICHELLE FLYNN REFUND-SAILING LESSONS 55.00 35615 CHRISTINA GEKAS REFUND-SWIMMING LESSONS 5.00 35616 LIZA HAUSER REFUND-AFTERNOON PLAYGROUND 14.50 35617 CINDY POWAGA REFUND-SWIMMING LESSONS .00 35618 BETH REINERS REFUND-AQUA AEROBICS 18 2 .00 35619 CRAIG RING REFUND-SWIMMING LESSONS 0.00 35620 MATTHEW RUDBERG REFUND-SWIMMING LESSONS 13.00 35621 KRIS SCHAITBERGER REFUND-PRESCHOOL PLAYGROUND 7.00 35622 BRIAN SPARBY REFUND-VALLEY FAIR TRIP 11.00 1 35623 NORTHERN STATES POWER CO SERVICE .00 35624 NORTHWESTERN BELL TELEPHONE CO SERVICE 9121.50 35625 A 1 PRINTER INC -CHAPTER 11 PRINTING-PLANNING DEPT/ 70.24 -CONTINUOUS LETTERHEAD & ENVELOPES-CITY 2812.28 HALL 35626 A TO Z RENTAL CENTER 35626 AAA STRIPING SERVICE EQUIPMENT RENTAL-STREET DEPT& POLICE DEPT 142.60 35628 A A SIRK IO STREET STRIPING-STREET MAINTENANCE 9299.46 35629 AC DICKNCOTA INC 3 HOLE PUNCHED XEROX PAPER-CITY HALL OFFICE SUPPLIES 199.50 35630 ADMIRAL WASTE MNGT INC JUNE 87 TRASH DISPOSAL-PUBLIC SAFETY 1603 51 35631 AGAPE ADVERTISING ADS-LIQUOR STORE •75 35632 AIRLIFT DOORS INC GARAGE DOOR REPAIRS-PUBLIC WORKS BUILDING 165.99 35633 ALPHA VIDEO & AUDIO -COLOR MONITOR & VIDEO TABLE WITH CABINET- 70.00 COMMUNITY SERVICES 570.00 J1268 t '1; JULY 7,1987 35634 AMERICAN DISTRICT TELEGRAPH CO SECURITY SYSTEM-COMMUNITY CENTER 218.00 35635 AMERICAN LINEN SUPPLY CO TOWELS-LIQUOR STORE 9.05 35636 AMERICAN SCIENTIFIC PRODUCTS PLASTIC BOTTLES-POLICE DEPT 64.80 5637 EARL F ANDERSEN & ASSOC INC SIGNS-PARK DEPT & STREET DEPT 2304.40 538 CITY OF APPLE VALLEY THEATRE IN THE PARKS-HISTORICAL CULTURE 79.20 D639 AQUA ENGINEERING INC COUPLINGS/BUSHINGS/PIPES-PARK MAINTENANCE 146.14 35640 ARTEKA REFUND-BUILDING PERMIT 13.00 35641 ASPLUND COFFEE CO INC CONCESSION STAND SUPPLIES-COMMUNITY CENTER 56.00 35642 ASSOCIATED ASPHALT INC BLACKTOP-STREET MAINTENANCE 509.38 35643 JIM BACH SOFTBALL OFFICIAL/FEES PD 7.25 35644 G JEFF BARTZ SOFTBALL OFFICIAL/FEES PD 326.00 35645 BATTERY & TIRE WAREHOUSE INC -BATTERIES/SPARK PLUGS/BEARINGS/HOSE 260.56 CLAMPS-EQUIPMENT MAINTENANCE 35646 BEN MEADOWS COMPANY INC -INSECT REPELLANT/PRUNING SAW/SPRAY PAINT/ 339.26 FIBERGLASS POLE-FORESTRY DEPT 35647 JOHN BILEYDI REFUND-PARK RESERVATION 10.00 35648 BLACK & VEATCH SERVICE-WATER TREATMENT PLANT EXPANSION 10136.83 35649 BLACKS PHOTOGRAPHY -FILM PROCESSING-ENGINEERING DEPT/POLICE 148.70 DEPT& PLANNING DEPT 35650 CITY OF BLOOMINGTON -MAY 87 IMPOUND SERVICE-POLICE DEPT/WEED 1057.50 CUTTER RENTAL-PARK MAINTENANCE 35651 BLUMBERG COMMUNICATIONS INC MICROPHONE RENTAL-COMMMUNITY CENTER 35.00 35652 LOIS BOETTCHER -SERVICE-PARK & RECREATION COMMISSION 67.81 MEETING MINUTES FOR 6-15-87 35653 BOYUM EQUIPMENT INC ELGIN CURB BROOMS-STREET DEPT 404.70 35654 LEE BRANDT SOFTBALL OFFICIAL/FEES PD 507.50 35655 BRAUN ENG TESTING INC -SERVICE-ROUND LAKE PARK/RIVERVIEW ROAD/ 9645.69 -BAKER RD/ROWLAND RD/TECHNOLOGY DR/ HOMEWARD HILLS RD/VALLEY VIEW RD "-556 JOHN BRILL SOFTBALL OFFICIAL/FEES PD 58.00 ( J57 ED BRION SOFTBALL OFFICIAL/FEES PD 261.00 35658 MAXINE BRUECK MILEAGE 13.75 35659 B R W INC -SERVICE-TRAFFIC ANALYSIS/VALLEY VIEW RD/ 24077.28 -MITCHELL TO COUNTY RD 4/ANDERSON LAKES PKWY-TH169 TO MITCHELL RD 35660 PSC MECHANICAL CONTRACTORS POOL HEATER REPAIRS-COMMUNITY CENTER 124.00 35661 TIM BUSHNELL HOCKEY OFFICIAL/FEES PD 24.00 35662 CADY COMMUNITCATIONS TELEPHONE SYSTEM REPAIRS-CITY HALL 1107.60 35663 CAMPBELL ENTERPRISES SUPPLIES-ANIMAL CONTROL 39.20 35664 CARBURETION & TURBO -ZAMBONI CARBURATOR REPAIRS-COMMUNITY 111.02 CENTER 35665 CARDOX CORP -CARBON DIOXIDE/GAS DIFFUSER TUBE-WATER 1553.91 DEPT 35666 CARLSONS LAKE STATE EQUIP CO -FUEL LINE/WASHERS/TIE RODS/CUSHIONS- 89.11 EQUIPMENT MAINTENANCE 35667 CARMICHIEL AUTO PARTS SEAT REPAIRS-PARK DEPT 35.00 35668 CEDAR HILLS GOLF COURSE GOLF INSTRUCTOR/FEES PD 52.50 35669 CENTURION TECHNOLOGY SYSTEMS INC SET UP SQUAD CARS-POLICE DEPT 1420.00 35670 CERTIFIED RUSTPROOFERS INC RUSTPROOFING-PARK DEPT 160.00 35671 CHAPIN PUBLISHING CO LEGAL ADS 146.64 35672 CHASKA PARK & RECREATION DEPT GOLF LESSONS/FEES PD 154.00 35673 CHEMLAWN LAWN SERVICE-8950 EDEN PRAIRIE ROAD 100.00 35674 CHURCHILL TRUCK LINES DELIVERY CHARGES-PARK MAINTENANCE 40.90 35675 COMMISSIONER OF TRANSPORTATION SERVICE-TRAFFIC SIGNAL CONTROL DEVICE 688.86 ?5676 COMMUNICATIONS CENTER MIDLAND RADIO-PARK MAINTENANCE 1006.34 _.60988 1 JULY 7,1987 35677 COMPUTER KNOW HOW COMPUTER TRAINING-FIRE DEPT 100.00 35678 CONCEPT MICROFILM INC MICROFILMING-ENGINEERING DEPT 852.48 35679 JOYCE CONLEY 1987 MEMBERSHIP DUES-POLICE DEPT 15.00 35680 CONSTRUCTION MATERIALS INC SEAL COATING-STREET MAINTENANCE 1620.00 irS81 CONTECH CONST PRODUCTS INC CULVERT-DRAINAGE CONTROL 650.79 _0682 COPY EQUIPMENT INC EQUIPMENT REPAIRS/TAPE-ENGINEERING DEPT 208.77 35683 CORPORATE RISK MANAGERS INC JUNE 87 INSURANCE CONSULTANT 455.00 35684 SCOTT CROSBIE CONCERT IN THE PARK-HISTORICAL CULTURE 200.00 35685 CROWN RUBBER STAMP CO -DATE STAMP-FINANCE DEPT/NAME PLATE- 40.89 PLANNING COMMISSION 35686 CRYSTAPLEX PLASTICS INC -GOAL FRAME CONVERSION KIT/ICE ARENA 270.00 SUPPLIES-COMMUNITY CENTER 35687 DANA GIBES PACKET DELIVERIES 143.00 35688 CULLIGAN SERVICE 38.85 35689 CULLIGAN SERVICE 38.85 35690 CULLIGAN SERVICE 38.85 35691 CURTIS INDUSTRIES -WASHERS/SCREWS/CIRCUIT/BREAKERS/DRILL 383.32 -PINS/CLEANING SUPPLIES-WATER DEPT/PARKS DEPT & EQUIPMENT MAINTENANCE 35692 CUSTOM FIRE APPARATUS INC TANK REPAIRS-FIRE DEPT 225.00 35693 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 11654.03 35694 D A LUBRICANT COMPANY INC GREASE-WATER DEPT 283.00 35695 DALCO -CLEANING SUPPLIES-COMMUNITY CENTER & 527.28 PUBLIC SAFETY BUILDING 35696 DATED BOOKS BOOKS-STREET DEPT & SEWER DEPT 70.50 35697 CRAIG W DAWSON MILEAGE 16.00 35698 DECORATIVE DESIGNS SERVICE 49.50 35699 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 1640.00 35700 JOHN DOLLERSCHELL REFUND-VOLLEYBALL REGISTRATION 180.00 -7O1 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 54.05 t 02 DRISKILLS SUPER VALU EXPENSES-CITY HALL & POLICE DEPT 50.73 35703 DRISKILLS SUPER VALU EXPENSES-COMMUNITY CENTER 44.97 35704 EAGLE SNACKS INC SUPPLIES-LIQUOR STORE 42.24 35705 EARL'S ART & DRAFTING SUPPLIES OFFICE SUPPLIES-PLANNING DEPT 30.86 35706 EDEN PRAIRIE CHAMBER OF COMMERCE MEETING EXPENSES-CITY HALL 24.00 35707 E P FIGURE SKATING CLUB LIGHTING FOR ICE SHOW-COMMUNITY CENTER 118.01 35708 EDEN PRAIRIE FIRE DEPT SCHOOL-FIRE DEPT 300.00 35709 EDEN PRAIRIE FIRE DEPT EXPENSES-FIRE DEPT 943.67 35710 E P GROCERY EXPENSES-FIRE DEPT 28.02 35711 E P ROBINS DELI EXPENSES-CITY HALL 54.00 35712 E P SNOWDRIFTERS STATE GRANT FOR SNOWMOBILE TRAIL 1055.23 35713 CITY OF EDINA REFUND-UTILTIY BILL 32.71 35714 CITY OF EDINA MAY 87 WATER TESTS 103.50 35715 EGAN MCKAY ELECTRICAL CONT SIGNAL LIGHTS REPAIRS-STREET DEPT 433.81 35716 EHLERS & ASSOCIATES INC SERVICE 30798.00 35717 II.VIN SAFETY SUPPLY INC SAFETY EQUIPMENT-WATER DEPT 75.19 35718 CHRIS ENGER JUNE 87 EXPENSES 165.00 35719 RICHARD ERICKSON THEATRE IN THE PARKS-HISTORICAL CULTURE 290.00 35720 ESS BROTHERS & SONS INC CULVERT CATCH BASIN-DRAINAGE CONTROL 138.00 35721 PAUL EVERETT SOFTBALL OFFICIAL/FEES PD 14.50 35722 FEED RITE CONTROLS INC NOZZLE/GASKETS/VALVES/TUBING-WATER DEPT 140.60 35723 FIRST COMMUNICATIONS MOBILE PHONE CORD-POLICE DEPT 24.50 35724 FLOYD SECURITY 3RD QTR 87 SECURITY SYSTEM-LIQUOR STORE 349.00 35725 FLOYD SECURITY EXPENSES-LIQUOR STORE 5.00 35726 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 901.36 2.-_4 1806 ' JULY 7,1987 1: 35727 FOX MCCUE & MURPHY 1986 AUDIT SERVICE 11300.00 35728 LORI FREY PLAYGROUND PROGRAM EXPENSES 20.00 35729 LYNDELL FREY SUPPLIES-COMMUNITY CENTER 31.64 730 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 1000.00 f 31 GARRITY INDUSTRIES INC EMERGENCY LIGHTS-FIRE DEPT 77,65 5732 GENERAL COMMUNICATIONS INC RADIO REPAIRS-EQUIPMENT MAINTENANCE 49.30 35733 JOSEPH GLEASON SOFTBALL OFFICIAL/FEES PD 261.00 35734 MICHAEL GROTH HUMAN SERVICES PROJECT CONSULTATION 560.00 35735 GME CONSULTANTS INC SERVICE-HIDDEN GLEN 3RD ADDITION 3299.45 35736 GOODYEAR TRUCK TIRE CENTERS 22 TIRES-EQUIPMENT MAINTENANCE 1115.43 35737 GOPHER SHOOTERS SUPPLY CO INC AMMUNITION-POLICE DEPT 440.00 p 35738 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT 120.56 ; 35739 CHERI GUNDERSON VOLLEYBALL OFFICIAL/FEES PD 195.00 35740 GUNNAR ELECTRIC CO INC SUPPLIES-PARK MAINTENANCE 38.15 35741 HACH CO CHEMICALS-WATER DEPT 483.21 35742 HALE COMPANY INC PUMP REPAIRS-EQUIPMENT MAINTENANCE 250.00 35743 MARY HALL REFUND-PARK RESERVATION 15.00 ; 35744 HANCE COMPANIES GAS CAP-PARK MAINTENANCE 6.80 1 35745 ROZA HAUSER SCHOOL-FINANCE DEPT 90.00 35746 LAURIE HELLING MILEAGE 72.25 # 35747 HENNEPIN COUNTY APRIL 87 BOARD OF PRISONERS 35748 HENNEPIN COUNTY PUBLIC RECORDS FILING FEE-ENGINEERING DEPT 101.00 35749 HENNEPIN COUNTY TREASURER -EQUIPMENT RENTAL/SIGNS-FORESTRY DEPT/ 101 .87 1 -LATH-PARKS DEPT/SIGNAL LIGHT LENS-STREET 1 MAINTENANCE k 35750 HENNEPIN COUNTY TREASURER SERVICE-PLANNING DEPT 242.00 35751 BRADLEY HINSETH THEATRE IN THE PARKS-HISTORICAL CULTURE 70.00 35752 HOFFERS INC SOFTBALL FIELD MARKING-PARK MAINTENANCE 197.30 { 35753 HOLMSTEN ICE RINKS INC -PARTS & EQUIPMENT FOR ICE ARENA 495.18 s`. ( MAINTENANCE-COMMUNITY CENTER 54 HONEYWELL INC 2ND QTR MAINTENANCE AGREEMENT-WATER DEPT 3579.00 4 35755 HONEYWELL PROTECTION 3RD QTR SECURTIY SYSTEM-LIQUOR STORE 392.77 3 35756 ALLENE HOOKUM -WALL TRIM FOR ART IN CITY HALL-HISTORICAL 80.51 CULTURE 35757 MICHAEL J. HOSTELLER HOCKEY OFFICIAL/FEES PD 93.75 35758 IBM MAINTENANCE AGREEMENT-CITY HALL 1014.53 / 35759 ICMA -1987 MEMBERSHIP DUES-CITY MANAGER & 710.08 ASSISTANT TO THE CITY MANAGER 35760 IDEAL ELECTRIC COMPANY WELL REPAIRS-WATER DEPT 817,40 35761 INDEPENDENT SCHOOL DIST #272 -MAY 87 CUSTODIAL SERVICE/CLEANING 1800.09 -SUPPLIES-WATER DEPT & PUBLIC WORKS 1 -BUILDING/GYM & LOCKER ROOM RENTAL- } ORGANIZED ATHLETICS t 35762 INTL OFFICE SYSTEMS INC -APRIL & MAY 87 MAINTENANCE AGREEMENT/ 481.50 -TONER-POLICE DEPT/WASTE CONTAINER-CITY HALL 35763 INTERSTATE DIESEL PRODUCTS INC EMERGENCY GENERATOR REPAIRS-PUBLIC SAFETY 208.00 }' 357E4 K MART 3052 WATER COOLERS-AFTERNOON PLAYGROUND 35765 KAPAK CORP EVIDENCE BAGS-POLICE DEPT 37.87 1 4 i 35766 KEITH KAPITAN SOFTBALL OFFICIAL/FEES PD 14.00 35767 DAVID KASID SOFTBALL OFFICIAL/FEES PD 3 .0 435.00 35768 TOM KEEFE SOFTBALL & BASKETBALL OFFICIAL/FEES PD 130.50 35769 KEYS WELL DRILLING CO AIR CYLINDER REPAIRS-WATER DEPT 129.80 35770 TOM KLITZKE SOFTBALL OFFICIAL/FEES PD 290.00 �1 771 BRADLEY J KNUTSON SOFTBALL OFFICIAL/FEES PD 246.50 `_032214 JULY 7,1987 35772 STEVE KRANICK -REFUND-PLANNING COMMISSION & COUNCIL 93.75 MEETING MINUTES 35773 KROY INC SIGNS-PUBLIC SAFETY BUILDING 158.43 774 ROBERT LAMBERT MAY& JUNE 87 EXPENSES 330.00 75 LANCE SUPPLIES-LIQUOR STORE 124.79 776 LAND OF LAKES TILE CO TILE-COMMUNITY CENTER 206.00 35777 MIDLAND EARL LANE FIREMAN CALLS 465.00 35778 LANG PAULY & GREGERSON LTD MARCH 87 LEGAL SERVICE 15974.50 35779 BOB LANZI SOFTBALL OFFICIAL/FEES PD 516.00 35780 LEAGUE OF MN CITIES INSURANCE LIABILITY INSURANCE 195.00 35781 LEAGUE OF MN HUMAN RIGHTS COMM 1987 MEMBERSHIP DUES-CITY HALL 34.00 35782 LEEF BROS INC COVERALLS-STREET DEPT 42.00 35783 L UNMAN & ASSOCIATES INC LEGAL SERVICE 3900.08 35784 MARK LINGLAUB SOFTBALL OFFICIAL/FEES PD 14.50 35785 ROBERT P LISTIAK FIREMAN CALLS 270.00 35786 LOGIS MAY 87 SERVICE 7053.32 35787 LYMAN LUMBER CO PLYWOOD-STREET DEPT & PARK DEPT 54.92 1 35788 BARBARA MACE REFUND-PARK RESERVATION 50.00 35789 DAN MARTIN SOFTBALL OFFICIAL/FEES PD 159.50 35790 MIKE MARUSHIN -AIR HAMMER/SEAL REMOVER/GREASE GUN- 163.80 EQUIPMENT MAINTENANCE 35791 MASYS CORPORATION -JULY 87 MAINTENANCE AGREEMENT/TAPES- 1110.0D POLICE DEPT 35792 MATTS AUTO SERVICE INC TOWING SERVICE-EQUIPMENT MAINTENANCE 108.00 35793 CAROL MCCORMICK THEATRE IN THE PARKS-HISTORICAL CULTURE 100.00 35794 STEVE MCCOY SOFTBALL OFFICIAL/FEES PD 14.50 35795 MCGLYNN BAKERIES INC EXPENSES-FIRE DEPT 24.03 35796 MCGLYNN BAKERIES INC EXPENSES-CITY HALL & PUBLIC SAFETY 39.62 35797 TIM MCGOVERN HOCKEY OFFICIAL/FEES PD 36.00 1 '98 MEDICAL OXYGEN & EQUIP CO HELIUM CYLINDER-FIRE DEPT 41.40 99 METRO ALARM INC -3RD QTR 87 SECURITY SYSTEM-PUBLIC WORKS 78.00 BUILDING 35800 METRO PRINTING INC FORMS-POLICE DEPT 1384.00 35801 METRO SYSTEMS FURNITURE CHAIR-CITY MANAGER 878.55 35802 METRO WASTE CONTROL COMMISSION APRIL 87 SAC CHARGES 59251.50 35803 METRO WASTE CONTROL COMMISSION MAY 87 SAC CHARGES 70785.00 35804 MIDLAND EQUIPMENT CO TRUCK BOX-PARK MAINTENANCE 4230.00 35805 MIDLAND PRODUCTS CO -CONCESSION STAND SUPPLIES-COMMUNITY 662.65 CENTER & ROUND LAKE PARK 35806 MIDWEST ASPHALT CORP BLACKTOP-STREET MAINTENANCE 1596.10 35807 MIDWESTERN MECH CORP REFUND-BUILDING PERMIT 116.50 35808 MPLS AREA CHAPTER FILM RENTAL/BOOKS-COMMUNITY CENTER 418.25 35809 MN CELLULAR TELEPHONE CO SERVICE 28.50 35810 MN CELLULAR TELEPHONE CO SERVICE 76.94 35811 MINNESOTA COMMUNICATIONS CORP JUNE 87 PAGER SERVICE 91.90 35812 MN DEPT OF P/S CONNECTION CHARGE-POLICE DEPT 150.00 35813 MINNESOTA SUBURBAN NEWSPAPERS INC EMPLOYMENT AD-CITY HALL 132.30 35814 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORE 181.44 , 35815 MINNESOTA VALLEY ELECTRIC CO-OP MAY 87 SERVICE 35816 CITY OF MINNETONKA REFUND-UTILITY BILL 32.25 35817 MINUTEMAN PRESS PRINTING-COMMUNITY CENTER 24.80 35818 MODERN TIRE CO -STEERING WHEEL LOCK REPAIRED/WHEELS 40.00 BALANCED-EQUIPMENT MAINTENANCE 35819 MOORLANE INC SUPPLIES-SUMMER PROGRAMS 33.90 3'820 SHARON MORGANS NOVELTIES SUPPLIES-LIQUOR STORE 57.OD 152607 ,.; , ,` JULY 7,1987 35821 MOTOROLA INC RADIO REPAIRS-FIRE DEPT 62.64 35822 MOTOROLA INC 100 PAGER BATTERIES-FIRE DEFT 360.00 35823 GREG MUELLER SOFTBALL OFFICIAL/FEES PD 116.00 35824 MUNITECH INC IRRIGATION LINE REPAIRS-WATER DEPT 927.66 325 MY CHEESE SHOP EXPENSES-FIRE DEPT 34.58 .,J826 NATIONAL SCREENPRINT -UNIFORMS FOR PLAYGROUND LEADERS-COMMUNITY 1633.00 CENTER 35827 NATIONWIDE ADVERTISING SERVICE IN -EMPLOYMENT ADS-CITY HALL/PUBLIC SAFETY & 648.27 COMMUNITY CENTER 35828 NORTH STAR SOUND INC PORTABLE SOUND SYSTEM-SENIOR CENTER 347.80 35829 NORTHLAND BUSINESS COMM SYSTEMS RECORDER REPAIRS-POLICE DEPT 59.50 35830 OFFICE PRODUCTS OF MN INC -LOTUS 1-2-3 SOFTWARE $442.00-PLANNING 728.75 -DEPT/TYPEWRITER MAINTENANCE $266.75-CITY HALL/RECHARGER $20.00-ENGINEERING DEPT 35831 BILL OLSON GRAVEL-STREET MAINTENANCE 93.50 35832 WAYNE OLSON SOFTBALL OFFICIAL/FEES PD 14.50 35833 PEDERSON SELLS EQUIP CO INC -SEAL KIT/HOSE COUPLINGS/MOTOR REPAIRS/ 304.84 35834 PEPSI/7-UP BOTTLING CO CONCESSION STAND SUPPLIES-RROOUNDCE LAKE PARK 35835 PATRICK PEREZ SOFTBALL OFFICIAL/FEES PD 330.00 1 35836 PET CREMATION SERVICE SERVICE 20.00 35837 CONNIE L PETERS MILEAGE 120 4.75 P} 35838 RICHARD PETERSBURG MEETING EXPENSES .75 35839 PHYSICIANS DESK REFERENCE BOOK-POLICE DEFT 5.95 5 35840 PMS SERVICE CORP CLEANING SUPPLIES-CITY HALL . 5 351.15 35841 KEITH POKELA VOLLEYBALL OFFICIAL/FEES PD 117.00 35842 POWER BRAKE EQUIPMENT CO ALARM/EVACUATOR-EQUIPMENT MAINTENANCE 190.80 35843 PRAIRIE ELECTRIC COMPANY INC POOL PUMP MOTOR REPAIRS-COMMUNITY CENTER 35844 PRAIRIE HARDWARE -CLOCK/BATTERIES/WALL ANCHORS/SCREWS/ 45. 5 CARPET TAPE-CITY HALL 5.75 45 PRAIRIE HARDWARE -PAINT/PAINT THINNER/BRUSHES/DRAWER -ORGANIZER/RAKE/CHAIR/BASKETS/TAPE/CEMENT 260.27 -MIX/GLASS CUTTER/ELECTRIC CORD/HOOKS/ -KEYS/CLEANING SUPPLIES/GREASE/CLAMPS/ -LIGHT BULBS/FUSES/SCREWS/WASHERS/NUTS/ 35846 PRAIRIE HARDWARE cABLE-comMuNiTy CENTER 35846 PRAIRIE HARDWARE SUPPLIES-LIQUOR STORE 2.95 -NAILS/HOSE ADAPTER/SCREWS/BOLTS/LIGHT 55.52 -BULBS/MOP/MOP HANDLE/CONNECTORS/DUCT TAPE/BATTERIES-PARKS DEPT 35848 PRAIRIE HARDWARE -PAINT ROLLERS & BRUSHES/WORK BELT/NAILS/ 44.09 35849 PRAIRIE HARDWARE TOOL BAG/GLOVES/TIE DOWNS/KEYS-SEWER DEPT HINGES/BATTERIES/LOCKS/SOD CUTTER/SAW 327.52 -BLADES/SAW BLADES SHARPENED/TAPE/PICK -HANDLE/PICK END/PAPER PRODUCTS/RIVETS- STREET DEFT 35850 PRAIRIE HARDWARE -MOUNTING TAPE/BATTERIES/SOCKETS/FUSES- 48.71 WATER DEPT 35851 PRAIRIE LAWN & GARDEN -SPRINGS/GASKETS/LIME/CLIPS-STREET DEPT & PARKS DEPT 29.29 35852 PRENTICE-HALL INC BOOK-ASSESSING DEFT 44.93 35853 PRESERVE INSURANCE AGENCY LIABILTIY INSURANCE-CITY HALL 1252.00 35854 PRINT SHACK -PRINTING-HISTORICAL CULTURE & SENIOR 169.25 CENTER 35855 R & R SPECIALTIES INC REPACK FRONT & REAR WHEELS ON ZAMBONI- 306.11 ( )198 COMMUNITY CENTER 7 L' JULY 7,1987 35856 RADIO SHACK -PHONE PLUG ADAPTOR/CORDS/CABLE/MULTIPLE 48.28 OUTLET STRIP-POLICE DEPT 35857 RED OWL EXPENSES-COMMUNITY CENTER 55.50 5858 RETAIL DATA SYSTEMS OF MINNESOTA CASH REGISTER TAPE-LIQUOR STORE 48.96 159 RIEKE-CARROLL-MULLER ASSOC INC -SERVICE-TECHNOLOGY DR/RIVERVIEW RD/HIDDEN 59525.78 -GLEN 3RD ADDITION/WYNDHAM KNOLL/PRAIRIE -VIEW DR/BLOSSUM ROADWAY/BENNETT PLACE/ -SHADY OAK RIDGE/GOLDEN TRIANGLE DRIVE/ PURGATORY CREEK 35860 RILEY PURGATORY CREEK WATERSHED D -SERVICE-LAKE RILEY& PURGATORY CREEK 6707.00 RECREATION AREA FEASIBILITY STUDY 35861 KAREN ROACH SOFTBALL OFFICIAL/FEES PD 217.50 35862 ROAD RESCUE INC RESCUE EQUIPMENT-FIRE DEPT 2595.40 35863 ROBERTS CO INC -TUXEDO RENTAL FOR ICE SHOW-COMMUNITY 75.35 CENTER 35864 ROBBINSDALE FARM SUPPLY INC SUPPLIES FOR CANINE UNIT-POLICE DEPT 202.00 35865 ROTTLUND CO REFUND-BUILDING PERMIT 420.00 35866 RYANS RUBBER STAMPS -RUBBER STAMPS-ENGINEERING DEPT & 30.50 ADMINISTRATION 35867 S & S ARTS AND CRAFTS SUPPLIES-COMMUNITY CENTER 16.26 35868 SANCO INC CLEANING SUPPLIES-PUBLIC SAFETY BUILDING 57.90 35869 SATELLITE INDUSTRIES INC PORTABLE RESTROOMS-PARK MAINTENANCE 2279.95 35870 DAVE SCHNEIDER SOFTBALL OFFICIAL/FEES PD 14.50 35871 LEE SCHNEIDER SOFTBALL OFFICIAL/FEES PD 14.50 35872 DON SCHWARTZ SOFTBALI, OFFICIAL/FEES PD 203.00 35873 SEARS ROEBUCK & CO -IMPACT WRENCH-COMMUNITY CENTER/DRILL KEY/ 159.48 DRILL BIT-PARKS DEPT 35874 SETTER LEACH & LINDSTROM INC APRIL 87 SERVICE-NEW FIRE STATION 5382.74 35875 SHEA ARCHITECTS REFUND-VARIANCE FEE ""a76 SHERWIN WILLIAMS CO PAINT THINNER/GALVANIZED PRIMER-PARK DEPT 600.0014 77 SIMPLEX TIME RECORDER CO -1987MAINTENANCE MAItTT..�lANCE AGRr;gmr;Nf-C;)AhurJ[i'Y 485.00 35878 STEVEN R SINELL CENTER JUNE 87 EXPENSES 209.69 35879 SNAP ON TOOLS CORP IMPACT GUN-EQUPIMENT MAINTENANCE 17.95 35880 SNYDER DRUG STORES INC SUPPLIES-COMMUNITY CENTER 18.23 35881 BOB SOBASKI SOFTBALL. OFFICIAL/FEES PD 14.50 35882 SOUTHWEST FIRE LEAGUE 1987 MEMBERSHIP DUES-FIRE DEPT 25.00 35883 SOUTHDALE YMCA 2ND QTR 87 HUMAN SERVICES 2500.00 35884 SOUTH HENN HUMAN SERVICES COUNCIL 2ND QTR SOUTH HENNEPIN HUMAN SERVICES 2781.00 35885 SOUTHWEST SUBURBAN PUBLISH INC ADS-LIQUOR STORE 294.84 35886 SPECIALTY SCREENING -PLAQUES/SQUAD CAR EMBLEMS-POLICE DEPT/ 283.74 VEHICLE EMBLEMS-PARK MAINTENANCE 35887 SPORTS WORLD USA T-SHIRTS/LETTERING-COMMUNITY CENTER 587.60 35888 SPS COMPANIES SUPPLIES-PUBLIC WORKS BUILDING 12.42 35889 SQUARE CUT MAP HOLDER/SHELVES-POLICE DEPT 453.75 35890 STATE TREASURER APRIL 87 BUILDING SURCHARGE 7614.75 35891 STATE TREASURER MAY 87 BUILDING SURCHARGE 35892 VERNON T STEPPE FIREMAN CALLS 736 . 0 35893 STREICHERS PROFESSIONAL POLICE EQ -AMMUNITION/EMERGENCY LIGHT REPAIRS/ 7505.702 750.72 FINGERPRINT TAPE-POLICE DEPT 35894 STS CONUSULTANTS LTD SERVICE-WATER TREATMENT PLANT ADDITION 853.59 35895 TARGET 220 FILE CABINET-COMMUNITY CENTER 35896 TARGET 220 EXPENSES-COMMUNITY CENTER 39.9931 35897 TASTE OF ITALY EXPENSES-FIRE DEPT 87.96 35898 THOMPSON PLBG REFUND-PLUMBING PERMIT 161.50 399634 JULY 7,1987 35899 THREE M HFY6396 (RL) TAPE-FIRE DEPT 111.25 35900 TIERNEY BROTHERS INC DISC FOR KROY MACHINE-PLANNING DEPT 81.65 35901 TOTAL TOOL PAINT/FREON-WATER DEPT 108.80 15902 JOHN TROMBLEY SOFTBALL OFFICIAL/FEES PD 14.50 903 TROPICAL SNO OF MN -SNO CONE MACHINE AND CONCESSION STAND 3237.10 1 SUPPLIES-ROUND LAKE PARK 35904 TWIN CITY TESTING SERVICE-NATURAL SPRINGS 202.00 35905 ULINE CARPET MATS-CITY HALL 133.13 35906 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 1767.98 35907 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 806.60 35908 UNIMIN CORPORATION SAND-STREET MAINTENANCE 113.12 35909 U S FIGURE SKATING ASSOC SUPPLIES-COMMUNITY CENTER 91.65 35910 UNITOG RENTAL SERVICES UNIFORMS FOR CITY EMPLOYEES 1430.75 35911 VALLEY INDUSTRIAL PROPANE INC SERVICE 42.65 35912 VAN WATERS & ROGERS CHLORINE & FLUORIDE-WATER DEPT 2317.00 35913 VESSCO INC -REPAIR CHLORINE SUPPLY LINES-WATER DEPT/ 1611.75 HEADGEAR ASSEMBLY-COMMUNITY CENTER 35914 VICOM INC SERVICE-TELEPHONE REPAIRS 548.00 35915 VIDEOTRONIX INC 1987 MAINTENANCE AGREEMENT-POLICE DEPT 3290.00 35916 VIKING LABORATORIES INC SIGNS/CHLORIDE-COMMUNITY CENTER 75.10 35917 CLARK WALKER SOFTBALL OFFICIAL/FEES PD 522.00 35918 JIEN WALLEBECK SOFTBALL OFFICIAL/FEES PD 7.25 35919 MIKE WALSH SOFTBALL OFFICIAL/FEES PD 29.00 35920 JEFF WALZ -DESIGN FOR THEATRE IN THE PARKS BULLETIN- 45.00 HISTORICAL CULTURE 35921 WATER PRODUCTS CO -50 PRESSURE REGULATORS$1415.00/BALL 5114.05 -VALVE $412.00/REPAIR PARTS FOR HYDRANTS FOLLOWING SPRING FLUSHING $3240.59 35922 WATERITE INC PUMP REPAIRS-COMMUNITY CENTER 382.82 'p923 PAUL WELIN SOFTBALL OFFICIAL/FEES PD 333.50 24 DON WENDLING RADIO REPAIRS-POLICE DEPT 33.50 3925 WEST WELD -ELECTRODE-PARK DEPT/BANDSAW BLADES/FAN 184.27 CARBIDE BAR-EQUIPMENT MAINTENANCE 35926 WESTBURNE SUPPLY INC -REPLACE DRINKING FOUNTAIN-COMMUNITY 428.00 CENTER 35927 WESTERN DESIGN & PRINTING BUSINESS CARDS-POLICE DEPT 45.00 35928 WILSON TANNER GRAPHICS BUSINESS CARDS-CITY HALL 193.00 35929 XEROX CORP -MAY 87 MAINTENANCE AGREEMENT-CITY HALL & 1T8.00 POLICE DEPT 35930 ARTHUR YOUNG SERVICE-COMPARABLE WORTH ANALYSIS 1704.00 35931 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-COMMUNITY CENTER 58.60 35932 LMCIT INSURANCE-CITY HALL 120669.00 14591002 $863588.48 1 I C 'i • CITY( EDEN PRAIRIE VARIA4. _ QT.! 20 BOARD OF APPEALS AND ADJUSMENTS FINAL ORDER RE: Petition of Don & Rita Anderson & H.J. Nyhammer ADDRESS: 7427 & 7447 Eden Prairie Road VARIANCE REQUEST: See Attached: The Board of Appeals and Adjustments for the City of Eden Prairie at a regular (special) meeting thereof duly considered the above petition and after hearing and examining all of t:12 evi.'c.cc nreser.:ec and :la file therein does hereby find and order as follows: 1. All procedural requirements necessary for the review of said variance have been met. (YES x NO _). 2. There are circumstances unique to the property under consideration, and granting such variances does not violate the spirit and intent of the City's Zoning and platting Code. 3. Variance Request #87-20 is herein Granted , Denied x 4. Conditions to the granting _, Denial x , of said variance are as follows: 5. This variance shall be revoked within 15 days after notice of failure to meet the required conditions has been given. 6. A copy of this order shall be forwarded to the applicant by the City Clerk. 7. This order shall be effective ; however, this variance shall lapse and be of no effect unless the erection or alternatives permitted shall occur within one (1) year of the effective date unless said period of time is extended pursuant to the appropriate procedures prior to the expiration of one 1 year from the effective date hereof. B. All Board of Adjustments and Appeals actions are subject to City Council review. BOARD OF APPEALS AND ADJUSTMENTS DATED: (a_ 11-87 if, I,_ l. ( • gr- . I1 , . , I Request #87-20, submitted la Don and Rita Anderson and N.J. N ha_y_j_nmer for property located at 7427 and 7447 arer7Prairie Road, Eden Prairie Minnesota. The re uest is for variances from City Code ----.1. Chapter 11, SubdivisTOF . 31.7baiTiisior7778.11. To permit platting of a lo _78 acres in the C-Corn District rEity Code requires a7 acre minimum lot size:121TE nifFili of CTOT with a width of-766—feet (City Code requires a ot widIF of MCY feet),-1E-7o ernit platting of a lot with a depth c7-250feet (City Code ne. tgill-es a lot depth of—SOU feet), La Subdivision 3 J g.„to permit outside diala area exceeding 10% of the floor floor 40 • area of the tNrTirira housin the pjçipie use rtity Code maximum outside dis la area is 1OT the ta. ._,_in f oor area of the building housingt e Eirji Lit 2K„.751-7ubdivisior-1-37 K to ermit of (. exterior build in material to be castle block and 2.1.41.1 Cit--code reotnres 75 exterior building material to be brick, stone or .'s.Lass In—CitYZRe Chapter 12, Subdivision 127—A— to platting of tp.,..2.22Leil Lot 2 Jarrett Estates without frontage on a publicly dedicated street (City Code requires all lots to havi frontage on a ut2_2.1211K—FlaTcated street .. _ . . • ( r , ' ,,•/c::. 1 MEMO . TO: Board of Appeals and Adjustments FROM: Steve Durham, Assistant Planner A DATE: June 4, 1987 RE: June 11, 1987, Board of Appeals Meeting l A. Variance Request #87-20, submitted b Don and Rita Anderson and J.J. Nyhammer for ro ert located at 7427 and 7447 Eden Prairie Road, Eden I Prairie, Minnesota. he request is for variances from City Code Chapter 1 I Subdivision 11.03, Subdivision 2L B To permit platting of a lot 1.18 acres in the C-Com District (City Code requires a 5 acre minimum lot size,,(2! To permit lattin of a lot with a width of !66- feet (City Code requires a lot width of 3feet permit platting of a lot with a depth of ) 0 j, DI-TO 70feet (City Code requires a lot depth of 300 feetj,�d 'ivision J thIto permit outs' a display area exceeding IU of the ground floor area offii e buildin housing the principle use (City Code maximum outside display • area is of the ground floor area of the building housing the principle use),-1!I7ubdivision 3 K to permit 73% of exterior building material to be castle block and lass Cit Code requires 75ior building material to be brick, stone, or glass , _01 Cit Code Chapter 12L Subdivision A: to • permit platting of ro osed Lot 2 3a7rett Estates without frontage on a publicly dedicated street Cit Code requires all ats to have frontage on a publicly dedicated street). ( Background - The proposed variance request is a joint application by the Little Red Store and proposed Anderson Garden Shoppe. The development i. involves the subdivision of approximately 2 1/2 acres into five single family lots . Item #5 to permit 1 castle block ndasneano exterior lbuilding material ot for a garden hasbeen withdrawn. The exterior building material will meet Code. The development proposal was reviewed by the Planning Commission on March 22, 1987 and April 13, 1987. The Planning Commission recommended denial of proposed garden shoppe finding that the commercial use was not appropriate for the site. The City Council reviewed the development proposal on May 19, 1987, and directed Staff to prepare the necessary resolutions and developer agreement for approval of the proposal. First reading is scheduled for June 16, 1987. Variance Request - The development proposal includes the following variance requests: 1) To permit platting of a 1.28 acre lot in the Community Commercial Zoning District. City Code requires a 5 acre minimum lot size. 2) To permit platting of a lot with a width of 266 feet. City Code requires 300 feet. 3) To permit platting of a lot with a depth of 200 feet. City Code requires 300 feet. A Page 2 The first three variances are created by the constraints of the 2 1/2 acre site. No additional land is available to add to the development. 4) To permit outside display area exceeding 10% of the ground floor area of the building housing the principle use. The proposed building consists of 1,952 square feet which would allow 195 square feet of outside storage. The applicant requests 3,200 square feet outside storage. ) Twelve hundred square feet will be for the display of shrubs and potted flowers, which will be for sale directly to the customer. The balance of the display area, 2,000 square feet, will be in yard like settings imitating residential and business landscapes. 5) To permit platting of proposed Lot 2, Jarrett Estates without frontage on a publicly dedicated street. Currently, proposed Lot 2 has an existing home located on the lot with access to the home through the Little Red site. New access to the site will be via an easement over proposed Lot 1. Conclusion - The City Council reviewed the development proposal and associated variances. Staff has been directed to prepare the necessary resolutions and developer agreement for approval of the development. First reading is scheduled for June 16, 1987. Based on City Council direction, the Board may choose to approve the variance request as submitted. Should the Board choose to deny the variance request, it is likely that City Council would review the decision. B. Variance Request #87-28, submitted Elvin Safety, Inc. for property located at 73b0 Washington Avenue, Eden Prairie Minnesota.The request is ter L for a variance from City Code, Chap Section 11.03 Subdivision 2, Bto permit, a totaT iota ter Area Ratio building addiition) of 0.35. rCity Code maximum Floor Area Ratio in the I-22 Zoning District is .3�) This variance request has been withdrawn. UNAPPROVEO MINUTES BOARO OF APPEALS AND AOJUSTMENTS It THURSOAY, JUNE 11, 1987 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 EXECUTIVE ORIVE BOARD OF APPEALS MEMBERS: - Chairman Ron Krueger, Hanley Anderson, Roger Sandvick, William Arockiasamy, Lyn Dean, Steve Longman, and Owight Harvey BOARD STAFF: Assistant Planner, Steve Ourham and 'Recording Secretary, Lynda Oiede ROLL CALL: Krueger and Arockiasamy were absent. I. MINUTES A. Minutes of January 8, 1987. MDTION: Sandvick moved, seconded by Oean,to approve the minutes of January B, 1987. Motion carried 4-0-1. Harvey abstained. B. Minutes of May 14, 1987. MOTION: Harvey moved, seconded by Oean, to approve the minutes of May 14, 19B7. Motion carried unanimously. II. VARIANCES A. Request #87-20, submitted by Don and Rita Anderson and H.J. Nyhammer for property located at 7427 and 7447 Eden Prairie Road, Eden Prairie, Minnesota. The request is for variances from City Code, Chapter 11, Subdivision 11.03, Subdivision 2, B, 1) To permit platting of a lot 1.28 acres in the C-Com Oistrict (City Code requires a 5 acre min- imum lot size, 2) To permit platting of a lot with a width of 266 feet (City Code requires a lot width of 300 feet), 3) To permit platting of a lot with a depth of 200 feet (City Code requires a lot depth of 300 feet), 4) Subdivision 3, J, 2, to permit out- side display area exceeding 10% of the ground floor area of the building housing the principle use (City Code maximum outside dis- play area is 10% of the ground floor area of the building housing the principle use), 5) Subdivision 3, K, to permit 75% of exterior building material to be castle block and glass (City Code requires 75% exterior building material to be brick, stone, or glass), 6) City Code Chapter 12, Subdivision 12, A, to permit platting of proposed Lot 2, Jarrett Estates without frontage on a publicly dedicated street (City Code requires all lots to have frontage on a publicly dedicated street). Fred Hoisington, represented Don Anderson and H.J. Nyjammer. Hoisington noted that the request is a joint application by the Lil Red Store and the proposed Anderson Garden Shoppe. The garden shop will be a family owned and operated business. 4 - [ - June 11, 1987 Site plans were displayed. Hoisington neighborhood. ItSll wi beha one story building, donebin airesiden- tial style. Hoisington said that the garden shop is a speciality shop selling flowering plants, gift items and interior and exterior plant materials of all kinds. Hoisington stated that it is a seasonal business. Ten months of the year, the shop is a botique, serving about 20 patrons a day. For two months, they are a garden shop. May is the peak month, averaging approximately 25 patrons a day. 'Ninety percent of the clientele are Eden Prairie residents. Hoisington said that the garden shop does not stock volume so there will be no heavy equipment or bulk produce in the area. There will be an outdoor display area with shrubs and landscape scenes in the 3200 square feet behind the building. Of the 3200 square feet, 1200 square feet would be used as an area for selling growing plants. Durham noted that the Planning Commission recommended denial of the proposed garden shop with the findings that the commercial use was not appropriate for the site. First Reading of the City Council is scheduled for June 16, 1987. the Harvey inquired about the City Council vote. Hoisington said that One of City theomembersuncil awas given absentpatlthenlastaal with four votes. meeting. Harvey inquired about the residential driveway easements. Hoisington Lot 1 to gate Lane is said that it would be a common easement. A new 16' easement across ded to de for a orientations while allowing�for nreplacement iof the easementresidential across the Lil Red site. The Reverend Eugene Grover, 16390 Westgate Drive, opposed the variance request. He has strong feelings regarding the traffic situation. Grover was promised that the area would be residential when he moved in. He does not want his privacy taken away. Reverend Grover stated that he has a peony hedge within 18" of the boundary line. Trees and shrubs from the proposed shop would wipe out the peonies. Grover would put up his own fence if need be. t 9 Anderson asked about the Guide Plan. Durham said that the property is zoned R1-22, Residential. The Guide Plan is currently designated for Low Density Residential. There would have to be a Guide Plan change and rezoning for the garden shop use. Durham stated that the City Council's posture is that the proposed garden shop is an appropriate use for the site. • Board of Appeals and Adjustments - 3 - June 11, 1987 A letter, written May 5, 1987, was received at City Hall from Donald Warner. 16221 Westgate Lane, in opposition of the request. (Exhibit A) Mrs. Eugene Grover, read the Planning Commission Staff Report dated April 10, 1987: "This site as the current comprehensive Guide Plan designation of Low Density Residential has been relied upon by surrounding residential owners for years as a reasonable use of the property'and is consistent with surrounding land uses and represents the highest and best use of the site." Mrs. Grover stated that the Planning Commission voted 7-0 against the rezoning. The City Council had one member that voted nay. H.J. Nyhammer, 7447 Eden Prairie Road, stated that his property adjoins Andersons. An error was made on the Lil Red survey and rezoning. The zoning line goes through his front door. Eighty feet should be extended south to the Anderson's property for proper zoning of Lil Red. Nyhammer felt that the garden shop would be a low key operation. There should not be much extra traffic. The two entrances have wide driveways. Sandvick asked when Nyharnmer's property was zoned Commercial. Durham said that it was zoned Community Commercial in 1978. Sandvick inquired if there was any opposition to the rezoning at the time of the hearing. Nyhammer said no. Sandvick cunmented that Lil Red was zoned C-Com because the use already existed on the site and this was the proper zoning at that time. Hoisington stated that the amount of traffic that will be generated by the garden shop is generally less than any other acceptable alter- native use of the site. It is a transitional use in its own right. Hoisington said that Lil Red generates 2,000 vehicle trips per day. The garden shop will generate in its peak month, 200 vehicle trips per day. It will add 1% additional traffic to the area. The peak traffic hours will be from 10:0D•AM-3:00 PM. It is one of the few uses that would not have additional peak traffic. Hoisington said that a landscape plan was developed for the area adjacent to the Grovers. It included a 6' tall fence and several 18' tall conifers. This will effectively screen the parking lot from the Grover's house. Hoisington said that a feasibility study was done on the RI Residential use. The number of units that could be put on was maximized. There was a total of 7 lots. Two of the lots were for the Nyhammer property and the other five for the Anderson property. In order for the Andersons to break even, the lots would be sold for $40,000 apiece.with an additional $120,000 on improvements per lot. , Board or Appeals dna Adjustments - 4 - uu“e Ju A developer would pay $32,000 per lot to develop the land. Anderson would be better off to divide two lots which requires no cul-de-sac.extension. R1 is not feasible. ItHarvey asked if Anderson was the owner of the property. Hoisington said yes. Hoisington stated that the City Council felt that the garden shop was the best use.of the site because of.its transitional character- istics. The Developer's Agreement has been written to the satis- faction of the Staff and Council. Longman asked what Grover would consider adequate screening. Grover said that an 8' fence would give-privacy and shut off some of the traffic noise. However, there is a high point on Anderson's property and a 6' fence would be a 3' fence at that point. Reverend Grover wondered what would happen if Anderson sold his property and another commercial use came in. Sandvick and Longman both had empathy for Grover. Sandvick stated that he would not vote for the request. Durham noted that the City Council has not had 1st Reading. Before a final approval of a project, there are two readings. For the 1st Reading, the proponent explains his proposal. The 2nd Reading is on the Consent Calendar with no discussion. A positive vote of four members of the City Council is required. Anderson said that he did not feel that there was a hardship. Durham noted that the options were to continue the items, approve the request or deny the request. Harvey inquired about the restrictive covenants. Durham said that they have to be filed with the property. Longman felt that there were three negatives: the problem of the residential property abutting it, some variance requests are quite dramatic, and the strong message from the City Council. Harvey felt that the garden shop was not appropriate use for the land. The neighbors have a right to rely on the Guide Plan. Hoisington said that the City Council has given direction as to the course of the project. Hoisington had concern as to the time- table of the project. He wanted the Board to deny the request and appeal it to the Council. MOTION: Sandvick made a motion to deny Variance Request #87-20, submitted by Don and Rita Anderson and H.J. Nyhammer with the following findings: } 1) The zoning is R1-22 and the current Guide Plan designates Low Density Residential use. Recommendation from the Board of Appeals and Adjustments - 5 - June 11, 1987 Planning Commission was for denial. 2) The action of the City Council was for approval. ir 3) Based on testimony by the Reverend and Mrs. Eugene Grover. 4) The lot size variance is extreme and not in keeping with the surrounding Ri.22 characteristics. . Anderson added that the variances have not been addressed and the zoning hasn't been completed. Harvey stated that the outside display area was out of proportion to what is permitted. • Harvey seconded the motion. Motion carried unanimously. Don Anderson, proponent, commented that it was unfortunate that the Board based its decision on rezoning. t 1 EXHIBIT A May 5, 1987 Board of Appeals and Adjustments City of Eden Prairie Council Chambers 7600 Executive Drive Eden Prairie City Hall Eden Prairie, Minnesota 55344 Dear Board of Appeals, I am writing to express strong opposition to Variance Request #87-20. I live on Westgate Lane which is a cul-de-sac street with many children and very private. To have further commer- cial development adjacent to residential lots on the street would significantly harm property values and the quiet, private nature of Westgate Lane. The development would also remove many trees from the development site which help block the view and noise of County Road 4 from Westgate Lane. I ask that you deny this variance. Thank you for your attention to this matter. S' cerely, Donald A. Warner DAW/lag 4 fi! i r Anderson's Garden Shoppe ir CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 29-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FRDM 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, CDNTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the R1-22 District and be placed in the R1-13.5 and C-Com Districts. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the R1-22 District and shall be included hereafter in the R1-13.5 and C-Com 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 a 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 July 7, 1987, entered into between Don and Rita Anderson, husband and wife, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of June, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 7th day of July, 1987. ATTEST: John D. Frane, City Clerk- Gary D. Peterson, Mayor / PUBLISHED in the Eden Prairie News on the day of 4 1 • EXHIBIT A Legal Descriptions GUIDE PLAN AMENDMENT FOR ANDERSON'S GARDEN SHQPPE • The West 210 feet of the South 266 feet of the North 578 feet of the NE 1/4 of the SE 1/4 of Section 8, T 116 N, R 22 W, Hennepin County, Minnesota. • and • The South 266 feet of the North 578 feet of the NW 1/4 of the SE 1/4 of Section 8, T 116 N, R 22 W, Hennepin County, Minnesota, lying East of County Road-4. • REZONING FROM R1-22 TO C-COM FOR ANDERSON GARDEN SHOPPE The West 210 feet of the South 266 feet of the North 578 feet of the NE 1/4 of the SE 1/4, Section 8, T 116 N, R 22 W„ Hennepin County, Minnesota, and The South 266 feet of the North 578 feet of the • NW 1/4 of the SE 1/4 of Section 8, T 116 2. R 22 W., • Hennepin County. Minnesota, Lying East of County Road 4, • The South 80 feet of the North 312 feet of the West 167.06 feet of the NE 1/4 of the SE 1/4, Section 8, T 116 N, R 22 W., Hennepin County, • • Minnesota, and • The South 80 feet of the North 312 feet of the NW 1/4 of the SE 1/4, Section 8, T 116 N. R 22 W. Hennepin County. Minnesota, lying East of County Road 4, • REZONING FROM R1-22 TO R1-13.5 FOR ANDERSON'S GARDEN SHOPPE The South 266 feet of the North 578 feet of the West 416 feet of NE 1/4 of SE 1/4. Section 8. T 116 N. R 22 W., Hennepin County, Minnesota; excepting the West 210 feet thereof. • • The East 248.94 feet of the West 416.00 feet of the South 104.13 feet of the North 112 feet of the SE 1/4 • of the SE 1/4, Section 8, T 116 N. R 22 W., Hennepin • County, Minnesota. • PRE-PLATTING FOR ANDERSON'S GARDEN SHOPPE • The South 266 feet of the North 578 feet of the West 416 feet of the NE 1/4 of the SE 1/4 of Section 8, T 116 N, R 22 W, Hennepin County, `linnesota, and The South 266 feet of the North 578 feet of the NW 1/4 of the SE 1/4 of Section 8, T 116 N. T 22 W, Hennepin County, Minnesota, lying East of County Road 4. The Ease 248.94 feet of the West 416.00 feet of the South 104.1) feet of the North 3122.00 foot of the 1/4 of the SE 114 of Section 8, T IId N. R 22 H"nneptn County, %Itnncsnta. Andersons' Garden Shoppe DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Don C. and Rita L. Anderson, husband and wife, hereinafter referred to as "Developers," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developers have applied to City for Comprehensive Guide Plan Change from Low Density Residential to Community Commercial on 1.27 acres, Zoning District Change from R1-22 to Community Commercial on 1.27 acres and from R1-22 to R1-13.5 on 1.86 acres, and Preliminary Plat of 3.13 acres into six lots and road right-of-way, for construction of five single family lots and one lot for a retail garden shop, 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;" NDW, THEREFORE, in consideration of the City adopting Ordinance #29-87, Developers covenant and agree to construction upon, development, and maintenance of said property as follows: 1. Developers shall develop the property in conformance with the materials revised and dated July 7, 1987, reviewed and approved by the City Council on June 16, 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. Developers covenant and agree to the performance and observance by Developers at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developers and City acknowledge that final elevations for the design of the exterior of the structure to be used as a garden shoppe on 1 i the property are not completed as of the date first written above. Developers agree that, prior to release of the final plat by the City, and prior to issuance of any permit for grading or for building on the property, Developers shall submit to the City Council and obtain the City Council's approval of all building elevations to be constructed for the garden shoppe on the property, including, but not limited to, detailed information regarding the size, type, color, and texture, etc., of materials to be used on the exterior of the structures for walls, windows, roofing, etc. The exterior building elevations shall be consistent on all faces with the character of the colored artist's rendering, attached hereto as Exhibit D, and made a part hereof. Developers agree that all exterior elevation materials shall be in conformance with City Code I requirements. 4. Prior to any issuance of any permit for grading or building on the property, Developers agree to submit to the Chief Building Official and obtain the Chief Building Official's approval of plans for demolition and/or removal of existing structures, and septic systems on the property. Prior to demolition or removal, Developers shall provide to the City a certified check in the amount of 51,000.00 to guarantee the restoration of the property to grade. City agrees to return said certified check to Developers after the 1 demolition or removal on the property is completed and after it is verified by City that the structures, and/or septic systems have been properly removed or demolished, and that the property has been restored to grade. 5. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 6. Prior to issuance of any building permit upon the property, Developers shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. 7. Prior to issuance of any building permit upon the property, Developer agrees to submit to the City Manager, and obtain the City Manager's approval of: A. Revised landscape and screening plans which provide for the level of screening along the south property line as shown on the site/landscape plan in Exhibit B, attached hereto, for the purposes of effectively screening parking areas from the ) windows of adjacent residential homes. Developers assure that the parking and outdoor storage areas will be screened from differing adjacent land uses and public roads when the development is complete. B. Revised site plans indicating the location of a five-foot wide, five-inch thick concrete sidewalk along the west �t`�.� border of the property which shall eventually continue long the west border of the Little Red Grocery Store property to itthe north and connect to the sidewalk in Valley View Road. C. Detailed plans indicating dimensions, locations, and materials to be used for exterior lighting on the property. Developers agree to install no exterior lighting without prior review and approval by the City, except at the front and rear entrances to the principle building, which lighting shall be comprised of one overhead entry light. Ground accent lights will be used to light front and rear entry plant materials and the principle sign. None but the overhead or entry lights will be lit after 10:00 p.m. and all will be designed and aimed to avoid glare beyond the boundary lines of the property. 0. Detailed plans indicating dimensions, location, and materials to be used for signage on the property. 8. Prior to issuance of any building permit upon the property, Developers agree to execute a cross access easement between the parking lot for the Little Red Grocery Store to the north of the property and the parking lot for the commercial garden shoppe on the property for purposes of access from Valley View Road. Developers agree to file said easement on the property with Hennepin County and to provide proof of filing of said easement to the City prior to issuance of any building permit on the property. 9. Concurrent with parking lot construction, Developers agree to grade a flat pad eight-feet wide within the County Road #4 right-of-way adjacent to the property on the west for purposes of construction of a sidewalk in the future, as discussed in item #7B. above. The final location of said sidewalk shall be as determined appropriate by the City Engineering Department and Hennepin County. Developers further agree to enter into a special assessment agreement for the property for the purpose of paying for the sidewalk improvement when it is constructed in the future. Developers agree to execute said special assessment agreement prior to release by the City of the final plat for the property. 10. Developers acknowledge that the commercial use of a garden shoppe for the property is unique and that the approval by City of the use is based on the unique elements of operation of the use. Developers agree, therefore, that, prior to issuance of any permit for building upon the property, Developers shall execute the Covenants and Restrictions regarding the use of the property, attached hereto as Exhibit E, and hereby made a part hereof. Developers agree to file said covenants and restrictions on the property with Hennepin County and to provide proof of filing of said covenants and restrictions to the City prior to issuance of any building permit on the property. 11. Developers acknowledge that the amount of parking for the property is based on 6,192 sq. ft. of total sales area, or 5D parking spaces for indoor and outdoor sales area. City agrees that Developers may construct 19 spaces at this time. Developers agree to provide it proof-of-parking for a total of 50 parking spaces on the property and further agree to construct the additional parking spaces beyond the original 19 spaces to be built with initial construction, at the request of the City based on need for the additional spaces, as determined by City. 12. Developers agree that there shall be no parking of commercial vehicles on the adjoining residential streets for the use proposed on the property. ( l fit, 1 A41ii'Il L. DECLARATION OF RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by the undersigned, hereinafter referred to as the "Declarants," WITNESSETH WHEREAS, Declarants are the owners of the Property, and for the benefit of the residents of the City of Eden Prairie, Declarants wish to restrict the use of the Property to a small scale garden and landscape retail operation; NOW, therefore, Declarants hereby declare that the Property shall be held, sold and conveyed subject to the following restrictions which shall run with the Property and be binding on all parties having any right, title, or interest in the Property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof and to the City of Eden Prairie: I. The Property shall be used only as a retail operation for the sale of garden and landscape products and materials, floral products and small gift items related to garden, landscape and floral products and materials. 2. In furtherance of this retail operation, the business may include the display and sale at retail of such items as shrubs, flowering plants, garden plants, cut flowers and flower arrangements, silk flower arrangements, baskets, pots, packaged potting soils, packaged fertilizers, and related gift items, including cards and candles, and gardening implements, and similar and related small garden and boutique items. 3. The business shall not include the outside display or storage of power lawn and garden equipment, such as rototillers, lawn mowers, sweepers, tractors, unpackaged bulk items such as soil, rock, mulch, railroad ties, landscaping timbers, bricks, patio blocks, fencing, sod, compost, hay, straw, manure, or other such products. f t 4 .,, 4. The restrictions created hereby shall be permanent and shall run with and bind the land and shall inure to the benefit of and be enforceable by Declarants and the City of Eden Prairie as a Minnesota municipal corporation, their respective legal representatives, heirs, successors, and assigns. 5. Enforcement of this restriction by the City of Eden Prairie, a Minnesota municipal corporation, may be by any proceeding at law or in equity to restrain violation, to compel compliance, and to recover damages. These remedies are cumulative and are not exclusive of each other. Furthermore, these remedies are in addition to, and not exclusive of, all other remedies allowed by law. Attorneys' fees and costs of any such action to restrain the violation, compel compliance or recover damages shall be assessable against and payable by any person violating the terms contained herein. 6. Invalidation of any one of the restrictions or terms of this Declaration by judgment or Court Order shall not affect any other provision, which rr shall remain in full force and effect. 7. This Declaration of Restrictions may be amended only by the City Council of the City of Eden Prairie. OWNERS: Don C. Anderson Rita L. Anderson STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1987, by Don C. and Rita L. Anderson, husband and wife. Notary Public • ��✓)1 Anderson's Garden Shoppe CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-192 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 29-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 29-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of July, 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. 29-87, 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 E 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. 29-87 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 July 7, 1987. Gary 0. Peterson, Mayor ATTEST: John D. Frane, City Clerk �J1 Anderson's Garden Shoppe CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE ND. 29-87 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 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: Summar : This of Valley View Road, east of County rRoad n#4 fromceows therez R1-22nDistrictofnd toltheted R1-13.5hand C-Com Districts, 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 is/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.) jt 9 MEMORANDUM ITO: Mayor and City Council , ) FROM: Sandra F. Werts, Recreation Supery DATE: June 8, 1987 )J SU8JECT: Historical and Cultural Commission Terms of Office In July of 1985, the City Council passed Ordinance 27-85, which changed the term of office for Historical and Cultural Commission members from three years to two years for members appointed after March 1, 1985. The request that the City Council based the change on came from an individual Commission member at that time; not from an official recommendation of the Commission. Although, the subject had been brought up at a meeting, it was never formally discussed by the Commission. The change to two year terms has caused a problem in the staggering of terms of office. In 1988, five member terms are scheduled to expire, leaving two members to carry through. The Commission has discussed various ways to solve this problem; however, the resignation of one of its members led the Commission to further discussion and a recommendation. The Commission received a letter of resignation from Mona Leppla. Leppla's term of office was scheduled to expire on February 28, 1988. MOTION: It was moved by Philip Rohler and seconded by Dan Mavison to recommend the following changes in the tenure of Historical and Cultural Commissioners as follows: Member Term Expiration Recommendation Mona Leppla February 28, 1988 Appoint new member to a 1 1/2 year resigned 6-4-87 term to expire 2/28/89 Coralyn Koschinska February 28, 1988 In February, 1988 change term of Adeline 8ramwell February 28, 1987 office for new members to 3 years to J. Dan Mavison February 28, 1987 expire in 1991 Rev. Philip Rohler February 28, 1988 Reappoint for 1 year with term expiring February 28, 1989 Richard Schuette February 28, 1989 Extend term of office 1 year to Gwen Barker February 28, 1989 expire 2-28-89 All future members to be appointed to three year terms of office. The motion passed unanimously. All the Commissioners were under the impression they would be making a three year commitment at the time of application. They felt it was important for this Commission's term of office to be the same as all the other Commissions, and that only ( one-third of the board turnover each year. 4. SFW:md i4- MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: June 30, 1987 SUBJECT: Proposed Trail Construction Staff requests the City Council to consider three trail projects for construction during 1987: 1. County Road 4 from Duck Lake Trail north to Mere Drive. 2. Edenvale Office Park adjacent to Purgatory Creek (as per the request of John Lassen, Eden Land Sales, Inc.). 3. Anderson Lakes Parkway from Darnel Road (east int.) to Darnel Road (west int.). COUNTY ROAD 4 TRAIL As a part of the Timber Creek development project, the developer was required to provide trail easements adjacent to County Road 4 from Duck Lake Trail north to their northern property line, and to grade a trail bed and place 5 inches of Class V in preparation for an 8' wide bituminous pathway. As a part of that agreement, the City also agreed to pave the trail. On June 22, 1987, the City received a copy of the trail easements that were filed and was notified that the Class V material had been placed and the trail was ready for asphalt. Although, the trail has been constructed from Duck Lake Trail north to the northern boundary of the Timber Creek 1st Addition, staff would recommend placing asphalt only as far as Mere Drive, rather than completing the "dead end" portion of the trail at this time. Estimated cost for placing the asphalt on that section of trail is $3,000. Staff would recommend funding this project from City reserves. EDENVALE 9th ADDITION TRAIL As a part of the Edenvale 9th addition, the developer agreed to grade a trail adjacent to Purgatory Creek along their entire southern boundary, and to place 5 inches of Class V, 10' wide on the entire trail system. The City also agreed to extend the trail from Edenvale 9th Addition westerly to Mitchell Road and to construct and install a bridge crossing on Purgatory Creek at a mutually agreeable location and to place asphalt on the entire trail system at sometime in the future. On June 23, 1987, the City of Eden Prairie received a letter from John Lasson, representative of the Equitable Life Assurance Society, indicating that the Equitable . is completing the Class V base trail system through Edenvale 9th Addition and requests the City to complete the extension of the trail, the construction of the bridge, and the blacktopping of the entire system. i , The Equitable Life Assurance Society is also considering additional amenities along the creek trail sytem such as picnic areas and exercise stations. The Director of Community Services has reviewed the proposed bridge location and concurs with the proposed site. The Equitable Life Assurance Society has contructed approximately three quarters of a mile of trail. The City is requested to complete the following: 1. Obtain a trail easement and construct a trail of approximately 450' from the Mitchell Road trail to Equitable's existing trail north of Purgatory Creek. The easement, the grading, and the base as well as the asphalt for this section of trail would be at City expense. Install the asphalt on approximately 4,000 feet of trail that has been developed by the Equitable Life Assurance Society. Construct a bridge across Purgatory Creek. The estimated cost of this project is approximately $25,000. The Community services staff have some concern over placing the asphalt on this trail at this time for the following reasons: 1. The trail is a dead end trail on the east end. 2. There is very limited development in the Edenvale 9th Addition, and staff questions whether the amount of use that this trail would receive at this time would justify the costs. 3. If asphalt trails do not receive a lot of use, they tend to deteriorate rather quickly. Staff would recommend perhaps complying with a portion of Equitable's requests. Staff believes the Class V trail section is satisfactory until additional development would occur in the Edenvale 9th Addition, and recommends acquiring the easement and extending the trail up to Mitchell Road and installing the bridge across Purgatory Creek. Once this trail is connected to Mitchell Road, staff would recommend the City begin mowing trail edges and maintaining the path, and monitor the use of the path prior to placing asphalt on this trail section. Estimated cost for constructing the 450' of connection to Mitchell Road to a Class V section and placing the bridge crossing over the creek is $7,000-$10,000, depending on Watershed District requirements for the bridge crossing. ANDERSON LAKES PARK TRAIL Jerry McCoy, Superintendent of the Schools, has requested the City extend the 8' wide asphalt trail along the north side of Anderson Lakes Parkway, from the eastern most intersection of Darnel Road to the western most intersection of Darnel Road. This extension of the trail along Anderson Lakes Parkway will provide a safe pedestrian access for all school children living north of Anderson Lakes Parkway and east of u. Highway 169 to the new Eden Lake Elementary School, and will eliminate the need for busing in this area. The 870' trail section must be completed by September 7 in order to accommodate the school opening. The trail will also cut across the gardens of four to five property I owners who have placed their gardens in the public right-of-way. Staff would propose iir to send a letter immediately notifying individals of the proposed trail construction and would suggest holding off trail construction until August 15th to allow those individuals to harvest their gardens. The trail will also require the placement of a culvert and some fill where the trail crosses a relatively deep drainage swale. The estimated cost of this trail extension is $5,000-$6,000. Funding for this project would have to come from the general fund reserve. BL:md t L li 0 • • • Y EDEN LAND SALES,INC. 14875 Martin Drive•Eden Prairie,Minnesota 55344•(612)937-8300 i June 23, 1987 City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 ATTENTION: Bob Lambert Dear Bob, As we reviewed today, The Equitable Life Assurance Society of the United States is in the process of completing the 5" Class V base trail system throughout Edenvale 9th Addition and hereby requests the City of Eden Prairie to complete the following, as per our original agreement: I. Extension of the trail from Edenvale 9th Additions westerly boundary along Purgatory Creek to Mitchell Road. 2. Construction and installation of bridge crossing Purgatory Creek at the Southwest corner of Edenvale 9th Addition at the location selected in our meeting. 3. Blacktopping of entire system. The Equitable Life Assurance Society of the United States is considering additional amenities, (picnic tables, exercise stations, etc.) to be added to the system which we would like to review with you. We would like to install these improvements simultaneously with the City of Eden Prairie's installation of the foregoing. If you have any questions, please give me a call. Sincerely, Jphn K. Lssei �.. JKL/sal MEMORANDUM TO: Mayor and City Council 111 Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services T.V., DATE: June 29, 1987 SUBJECT: Proposed Park Use Ordinance Revisions The acquatics staff that supervise and monitor the beaches at Riley Lake and Round Lake have requested the Eden Prairie City Council to consider three revisions to the Park Use Ordinance. Those revisions include the following additions: 1. No glass containers on beach. 2. No alcoholic beverages on beach. 3. No mooring or docking of a boat to either docks, rafts, buoys, or ropes defining or within the swimming area. NO GLASS ON BEACH The guards have had over a dozen incidents already this year at Round Lake alone with cut feet. Nearly everyone using a beach is barefoot and, therefore, very likely to be �" injured if there is any glass just below the surface or on the surface of the sand. $_ It is also obviously very dangerous if that sand gets into the swimming portion of the beach area. This ordinance would not totally eliminate the problem, as we are aware individuials remove glass containers from trash barrels and throw them against any hard object that will cause them to break; however, it may help to reduce the occurences and will serve as a reminder for people of the danger of glass containers around a swimming beach. NO ALCOHOL ON BEACH Many of the lifeguards are under the drinking age and the vast majority of the participants at our swimming beaches (especially at Round Lake) are under the drinking age. Staff does not believe it would be a hardship to prohibit drinking within the designated beach area, and is concerned about the responsibility and pressure on a young lifeguard to supervise older individuals who are drinking alcoholic beverages. NO MOORING OR DOCKING OF A BDAT TO DOCK, RAFT, BUOY OR ROPE DESINGATING OR WITHIN A SWIMMING AREA — 1 The lifeguards and aquatic staff are concerned about boats getting too close to the swimming area and striking a child, or if boats are moored to a dock or raft, the view of the lifeguards may be obstructed. There is also a high demand for a designated area for air mattresses, so people can sunbath while in the water. Air mattresses and other flotation devises are not r allowed in swimming areas, as they obstruct the view of the guards and allow non- swimmers to get out into deep water. The Community Services Staff suggest providing a it designated area adjacent to the swimming area for flotation devises. This area would be marked off by a rope and buoy system and would require supervision by a guard. Staff would recommend this area be limited to water with a 3 1/2' depth, and to initiate this on a trial basis in 1988 at both Riley and Round Lake. The Community Services Staff recommend the Park Use Ordinance be modified to include the recommendations of this memo and will be preapred to disucuss the pros and cons of these recommendations at the appropriate Commission and Council meetings. BL:md lY-)0