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HomeMy WebLinkAboutCity Council - 07/21/1987TUESDAY, JULY 21, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY JULY Z. 1987 III. CONSENT CALENDAR A. Final Plat Approval for Timber Creek Woods 3rd Addition (NE quadrant of South Manor Road and Mistral LaT Resolution No. 87-202 B. WESTWOOD INDUSTRIAL PARK 4TH ADDITION by Dallas Development Company. Request for Preliminary and Final Matof 14.36 acres into 2 lots. Location: South of County Road #67, east of Bury Drive. (Resolution No. 87-165 - Preliminary Plat; Resolution No. 87-203 - Final Plat) C. Final Plat Approval for Bluestem Hills 3rd Addition (south of Bluestem -Eii)--Resolution No. 87-204 D. Final Plat Approval for Blossom Ridge (south of Blossom Road and east of Bennett Pike) Resolution No. 87:195------ E. Resolution requesting Metropolitan Waste Control Commission (MWCC) sewer connection permit for Nemec Knolls (I.C. 52-121) Resolution No. 87-201 Resolution requesting (MWCC) sewer connection permit for Welter Purgatory Acres 2nd Addition -(11elution No. 87-206) G. THE RIDGE 3RD ADDITION by Dirlam Development. 2nd Reading of Ordinance No. 25-87, Rezoning from Rural and R1-22 to R1-13.5 on 6.36 acres; Approval of Developer's Agreement for The Ridge 3rd Addition; and Adoption of Resolution No. 87-179, Authorizing Summary of Ordinance No. 25-87 and Ordering Publication of Said Summary. 24.1 acres into 13 single family lots, 1 outlot, and road right-of-way. Location: North of Highway #5, south of Eileen Street, west of Kilmer Avenue. (Ordinance No. 25- 87 - Rezoning; Resolution No. 87-179 - Authorizing Summary and Publication) Page 1910 Page 1946 Page 1948 Page 1953 Page 1956 Page 1959 Page 1960 Page 1961 City Council Agenda - 2 - Tues.,July 21, 1987 H. BLOSSOM RIDGE ADDITION by G. W. Pearson and Harold Johnson. 2nd Riac—Fiii of Ordinance No. 15-87, Rezoning from R1-22 to R1-13.5 for 3.07 acres; Approval of Developer's Agreement for Blossom Ridge Addition; and Adoption of Resolution No. 87-182, Authorizing Summary of Ordinance No. 15-87 and Ordering Publication of Said Summary. 3.07 acres into 5 single family lots and road right-of- way. Location: South of Blossom Road, east of Bennett Place (Ordinance No. 15-87 - Rezoning; Resolution No. 87-182 - Authorizing Summary and Publication) I. AMOCO SERVICE STATION, Amoco Oil Company. 2nd Reading of Ordinance No. 31-707Rezoning from Rural to Commercial-Highway on 0.94 acres; Approval of Developer's Agreement for Amoco Service Station; and Adoption of Resolution No. 87-213, Authorizing Summary of Ordinance No. 15-87 and Ordering Publication of Said Summary. 0.94 acres into one lot for a service station. Location: Southeast corner of Shady Oak Road and Crosstown Highway #62 (Ordinance No. 31-87 - Rezoning; Resolution No. 87-213 - Authorizing Summary and Publication) J. USE OF YEAR XII C.D.B.G. FUNDS-- Scattered Site Housing A-s-iistance Program K. Resolution accepting 100% petition for utility improvements and ordering preparation of plans and specifications for sanitary sewer and watermain at Shady Oak Road and West 62nd Street (Resolution No. 87-2057 -- L. BLUESTEM HILLS 3RD ADDITION by Brownland Company. Approval of Amendment to Developer's Agreement for Bluestem Hills 3rd Addition. 1.63 acres into three single family lots. Location: South of bluestem Lane, north of Purgatory Creek. IV. PUBLIC HEARINGS A. Easement Vacation 87-06 Lots 11 thru 14 Block 1, Bluestem Hills 2nd Addition PZEolution No. 87-27T- V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Community Services 1. Review of Feasibility Study for Purgatory Creek Recreation Area Page 1968 Page 1975 Page 1981 Page 1982 Page 1983 Page 1987 Page 1988 Page 1998 City Council Agenda - 3 - Tues.,July 21, 1987 F. Report of Director.of Public Works 1. Award contract for Bennett Place and Blossom Road, I.C. I5 (Resolution No. 87-2(71 -- 2. Award contract for Prairie View Drive Improvements, I.C. E2:15471WD7iitionficT87:25gr 3. Award contract for Trunk Watermain between #494 and Rowland Road I.C. 52-117 (Resolution No. 872107 -- 4. Award contract for Shacty Oak Ridge Utilities I.C. 52-119 Telution No. 87-211) 5. Award contract for 1987 Material Purchases I.C. 52-127 WiElution No.-U-212) 6. Review deferment policies for Special Assessments XI. NEW BUSINESS XII. ADJOURNMENT City Council Minutes 1 July 7, 1987 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL CITY COUNCIL STAFF: 7:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson TUESDAY, July 7, 1987 COUNCIL MEMBERS: PLEDGE OF ALLEGIANCE ROLL CALL: I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were deleted from the Agenda: III. C. and III. K. These will be continued to July 21, 1987. MOTION: Harris moved, seconded by Anderson, to approve the Agenda and Other Items of Business, as amended and published. Motion carried unanimously. City Council Minutes 2 July 7, 1987 II . MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY. JUNE 16. 1987 The following item was added to the Minutes: Page 18, paragraph 4, "Harris mentioned concerns about continuing to develop puzzling dead ends which impedes efficient fire and police response." MOTION: Bentley moved, seconded by Anderson, to approve the June 16, 1987 City Council Minutes. Motion carried unanimously. III. CONSENT CALENDAFI A. Clerk's License List B. Resolution No. 87-193. Proclaiming the week of August 17. 1987 to zupoort United Way's community campaigns in Eden Prairie C. Final Plat approval for Blossom Ridge (south of Blossom Road and east of Bennett Place) Resolution No. 87-195 D. Final Plat approval for Prairie Bluffs (south of Co. Rd. No. 1 and north of Bluffs East 4th Addition), Resolution No. 87-199 E. Resolution req.uestina Metspolitan Waste Control Commission fMWCC) sewer connection permit for Cardinal Ridge (Resolution No. 87-196) F. Change order No. 1 - Homeward Hills Road. I.C. 52-033A G. Authorize reconveyance of surplus parcel - Outlot 1. Claredone Park. to Henneoin County (Resolution No. 87-197 H. Approve ioint construction and funding agreement with Riley-Purgatory-Bluff Creek Watershed District for Round Lake to Staring Lake Chain_of Lakes Outlot Project and authorize Mayor and Manager_to exec_ute_tlie agreement, City Council Minutes 3 July 7, 1987 I. Authorize Mayor and City Clerk to execute a License agreement with the Chicaao and Northwestern Transportation Company for "Chain of Lakes Project" (Resolution No. 87-198) J. LITTLE RED GROCERY STORE, by H. J. Nyhammer. 2nd Reading of 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, 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 Ordinance #17-87, Rezoning from Rural to C-Reg-Ser for 6.1 acres; Approval of Developers 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 on 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 City Council Minutes 4 July 7, 1987 approximately 7.4 acres; Approval of Developers 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 #87-181, Authorizing Summary and Publication) N. Camp Edenwood Request (Continued from June 16, 1987) #87-164, Authorizing Summary and Publication) 0. Community Development Block Grant Discretionary Funds Application Pidcock opened discussion on Item B of the Consent Calendar. Was concerned about doing this for one campaign. Mentioned her stand is still the same as last year. Bentley mentioned that United Way is numerous organizations and not just one organization. Feels it's totally appropriate to support this. Peterson agreed with Bentley. Pidcock said she's not withholding her support. She's suggesting if Council is going to get into proclaiming weeks for campaigns, they should do it for all worthwhile campaigns. Peterson said the fact that we proclaim the week of August 17 for the United Way does not preclude other organizations from doing the same. It doesn't mean this is the only one the Council will support and endorse. Bentley asked about Item H. Wanted to know who's going to be responsible for any interest rates that exceed 6 percent. Jullie responded the plan is to borrow internally from the Utility Improvement Fund. They don't anticipate going to market with that. City Council Minutes 5 July 7, 1987 Pidcock questioned Item F. Wanted to know if the contractor can be penalized for coming back for $16,000 more. Dietz responded that most change orders they have deal with soil borings. And that the contractor should not be penalized since he is bidding the contracts in good faith. MOTION: Bentley moved, seconded by Anderson, to approve Items A & B, Items D - J, and Items L - 0 of the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. 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) Continued from June 16,1987 City Manager Jullie stated this item was continued from the June 16th meeting. The proponents have submitted revised plans showing road connection access extending out to 168th Street and have applied for variances necessary for approval. MOTION: Bentley moved, seconded by Pidcock, to Close the Public Hearing and approve 1st Reading of Ordinance No. 33-87 for Rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 87-173 for Preliminary Plat approval. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations based upon the plans that were submitted. City Council Minutes 6 July 7, 1987 Motion carried unanimously. B. TIMBER CREEK NORTH by Timber Creek North Partnership. Request 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 Development Review on 89 acres with 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, 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 #34-87-PUD-6-87, PUD District Review and Zoning; Resolution #87-185, Preliminary Plat. City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Terry Schneider, representing the proponent, addressed the proposal. Planning Director Enger stated this was reviewed at the June 8th and June 22nd Planning Commission meeting. The Planning Commission recommended approval on a 6 - 0 vote for mixed planned unit development of residential and open space, subject to the June 19th plans and Staff report of June 5th and June 19th. Enger said the Planning Commission recommended approval of the project as proposed subject to the following: Provide a plan depicting the proper number of replacement trees. Provide retaining wall detail. Provide signage to go on the back of the townhouses that the area is zoned multiple family. City Council Minutes 7 July 7, 1987 Enger said the proponent has redone grading plans which puts townhouse units below the single family units rather than straight slope with uninterrupted sight line. Enger mentioned there are variances required for some lots along the creek. Since development is being moved off the other 21 acres some resulting lot sizes are slightly lower than allowed under the Shoreland Ordinance. Director of Community Services Robert Lambert said the Parks, Recreation and Natural Resources Commission reviewed this proposal on June 15th. Stated there are five items relating to Parks, Recreation and Natural Resource issues. One, park dedication in lieu of park fees. Two, floodplain gift to the Eden Prairie Foundation. Three, trail connections between neighborhoods. Four, grading and tree replacement. Five, floodplain and Shoreland Ordinances. Lambert stated the developer is willing to dedicate 21.1 acres in lieu of park fees which far exceeds what the ordinance requires. Staff recommends this. Lambert said the developer is proposing to give 30 acres of floodplain to the Eden Prairie Foundation, which transfers title back to the City. Lambert talked about the trail connections between neighborhoods. Stated that the neighborhood agreed to a natural or grass kind of trail connection. Community Services has no problem with a natural trail connection. Lambert said the other trail connection relates to the sidewalk system. Recommending developer extend a sidewalk between the single family development and multiple family development south to where the sewer easement will cross the floodplain. There they would recommend a soft surface woodchip or aglime type of a • City Council Minutes 8 July 7, 1987 trail crossing the creek to connect to the hard surface trail that exists. Lambert stated that the Parks, Recreation and Natural Resources Commission voted an a 6 -0 vote to approve those recommendations. Bentley asked about Mr. Helmer's letter to the Chairman of the Planning Commission relative to drainage on the site. Mr. Schneider points out the specific location on the map. Dietz said the request was one of two possibilities, one, reroute the drainage way back ou to the outlot. The drainage would go up hill in order to move to the west. Two, put the drainage way into a pipe. This would have been particularly expensive. Dietz said what he would recommend to the Council that they require there be a berm placed across the end of the pond on the southerly end. Also, a pipe that would outlet the water from the area at the same flow rate as today. Mr. Scheinder said they've given Mr. Helmer a letter indicating they will put in at their expense a heavy crushed rock liner in the normal drainage way that goes through the back of his property. Peterson asked if that drainage is natural or is it constructed. Mr. Scheinder pointed out where the natural drainage was before the homes were constructed. Harris asked about maintenance costs on mowed versus chip or aglime trail. Lambert stated that total hours per year would be similar. Anderson asked how you would get to other parts of the City if you can't drive a car. Lambert said if you're going to Eden Prairie, you're going to go south and cross the creek and go up through that trail system. City Council Minutes 9 July 7, 1987 Anderson asked if you have to have the trail system in order to get to some parts of Eden Prairie. Lambert said that was correct. Peterson asked about winter maintenance on a grass or chip trail as opposed to a hard surface. Lambert said they would not maintain an open trail in the wintertime. Said if its hard surface and heavily used, they do maintain those in the wintertime. Pidcock asked what the retaining walls will be constructed of. Enger stated they're proposed as timber retaining walls. Pidcock asked how long they last. Enger said if they're not made of proper material they will deteriorate. Stated there are a couple pressure treated products out which will last 20 years. And they are recommending that. Peterson asked how supportive the developer is to have signage indicating the multiples are going to be there. Mr. Scheinder replied they are planning on having it in the purchase agreement that the buyer understands this is a PUD and this is approved for this. Duane Hilleman, 16780 Whittington Walk, stated he was totally against this plan. He does not want multi-family dwellings across on the northeast side of the creek. Stated there was an archeology discovery down by the glacial plain lake done by a professor at Normandale. Stated in th spring you can't cross the creek because of flooding. Gary Johnson, 16791 Whittington Walk, agreed with everything Duane Hilleman said. Judy Lindblad, 15916 North Eden Drive, opposes this project. States that when they moved there that area was zoned rural and thought it would always be woods. States that her view will be gone. City Council Minutes 10 July 7, 1987 Robert Helmer, 6416 Creekview Lane, stated he sent the letter with the drainage problem in his backyard. He said he's satisfied with agreement Mr. Schneider talked about. He feels it's a good development. Chris Carney, 15908 North Eden Drive, stated he bought his house on th stipulation this area was to remain wooded. Said he only found out about this project two and a half months ago from neighbor. Bentley asked Mr. Carney if he received a Public Hearing Notice on this issue. Mr. Carney said he did receive notice. Helen Savage, 15924 North Eden Drive, stated they bought their house for the view. Stated that she understood the area immediately behind their home was to be left as a floodplain. Duane Hilleman, 16780 Whittington, asks if there's ever been an Environmental Impact Study done on the Purgatory Creek area as part of the floodplain area. Lambert stated there's never been one done on the Purgatory Creek system. But an EAW was done on a trail section of the creek but not this section. Enger stated there was an environmental assessment worksheet prepared on the entire 150 acre Timber Creek planning and development when that was first brought in in 1981 or 1982. Now the proponent has prepared an environmental assessment worksheet on this portion of the development and that's been sent to the Environmental Quality Board. The Board found that no additional work was necessary. Harris asked if at the time the original Timber Woods project was approved was it understood that there would be further development of the area in question at a future point. City Council Minutes 11 July 7, 1987 Enger stated this area was part of the overall 160 acre Planned Unit Development that was started on the south side of the creek. This was approved by the City in 1981 or 1982. City Attorney Roger Pauly stated that neither an EAW nor an EIS has the function of constituting a permit. That ifs merely an inventory of environmental effects of certain action. Bentley pointed out that the original PUD in 1983 was for 130 total units which included 120 townhomes. This request would down- grade that request to 68 townhome units for a total of 108 units. Anderson stated that one of the reasons the hill and open area is being left today was at the request of the neighbors at that time of the development to the east. Feels that the City and the developers have done a good job. Pidcock asked with 158 caliper inches for tree replacement how many trees are we losing. Enger stated that 656 caliper inches of plant material is being removed for construction. According to the tree replacement policy a total of 289 caliper inches should be replaced. Enger said about 500 caliper inches of trees are being removed. So somewhere in the range of about 50 12 inch trees would be removed. Peterson addressed the people who stated their disappointment they experience in the lose of a natural amenity. Talked about how Eden Prairie has grown in the last 15 years. Stated the City cannot acquire all the undeveloped property to protect our natural amenities. Harris said she understands the concerns of preserving this area in it's natural state. But on the other hand we must seek a balance. Stated the developer has satisfied her that he has tried to maintain open space, that the floodplain has been retained, and that he has given careful consideration to maintain the physical City Council Minutes 12 July 7, 1987 characteristics given the demands for the development. Peterson asked Lambert about the practicality or feasibility of bridging or crossing that creek. Lambert stated the reason for the woodchip trail is because is infeasible to put a hard surface trail across the creek. Paul Schoiniere, 15819 North Eden Drive, wishes it could be preserved as a natural area. Thinks the developer has done a fine job explaining to the residents nearby what they are doing. Doesn't understand why the Park Board insists on putting a connecting link from one side to the other side and bridging the creek. Said he thinks it's against the Comprehensive Purgatory Creek Study. Joe Morin, 15820 South Eden Drive, stated that they are entitled to more park land. And requested the City purchase more of this land and dedicate it for park land. He referred to a Resident's Report to the City Council dated August 19, 1980. Anderson stated the City of Eden Prairie's first bond issue that it passed for the park program was to preserve as much of the amenities of the community as it could. In 1974, 1975 the City of Eden Prairie tried to preserve as much as what they considered the natural amenities in Eden Prairie. At that time they felt Purgatory Creek was one of those and ran a Purgatory Creek Study. Stated this is happening because of the Purgatory Creek Study. Anderson said very few infringements are being made on that floodplain. Anderson said that in 1979 the City Council said they were going to try to make it easier to get from one place in the City to another. He said there is definitely a need for this. He also said the developer has done an excellent job in preserving as much land as he possibly can. Joe Morin, 15820 South Eden Drive, referred to the referendum for City Council Minutes 13 July 7, 1987 acquisition park land and wanted to know why the funds weren't used for acquiring park land. Lambert stated that the three parks that have funds designated by the referendum are Hidden Ponds, Creekwood and Red Rock. Bentley said that they are here to review what he sees as a betterment of the previous approval, not to discuss the merits of purchasing more park land. Duane Hilleman, 16780 Whittington Walk, talked about the 1981 guideplan for that area and that it was to remain rural. Concerned what happened to the original 1980 or 1981 guideplan. Bentley said Mr. Hilleman is confusing guideplan and PUD and rezoning. He went on to explain what a guideplan is and does. Also explained how the zoning works for undeveloped parcels in Eden Prairie. Bentley said one of the purposes of the PUD is to cluster or in some cases preserve natural amenities, etc. Pidcock asked the developer how much the proposed townhouses are going to cost. Mr. Schneider stated 140 to 150 range. Tom Schroeder, 6318 Creekview Lane, said he feels the developer has done a good job preserving what we can preserve. Disagreed with putting blacktop done on the trail systems. Pointed out the the children will go to different school districts in the area and will not be interacting together as much. Paul Schoiniere, 15819 North Eden Drive, mentioned he concern for flooding in the area and how the trail system will be maintained with flooding. Peterson said he has confidence in the Staff to construct a crossing to withstand the flooding. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and Adopt Resolution No. 87-183 for Comprehensive Guide City Council Minutes 14 July 7, 1987 Plan Amendment. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 87-184 for PUD Concept Amendment to the Timber Creek Woods PUD. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to approve 1st Reading of Ordinance No. 34-87-PUD-6-87 for Rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 87-185 for Preliminary Plat approval and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations for raw material for trail crossing. C. MOUNT CURVE ADDITION, by Mount Curve Developers. Request for a Comprehensive Guide Plan Amendment from Medium Density Residential to Low Density Residential on 2.24 acres, Zoning District Change from RM-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) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Lori Johnson, representing the proponent, addressed the proposal. Ms. Johnson corrected the Resolution to 4 single family residential lots plus 1 lot for a maintenance building. Don McGlynn, developer, was available to answer questions. Director of Planning Chris Enger stated the Planning Commission City Council Minutes 15 July 7, 1987 reviewed this item at the June 8th meeting and recommended on a 5 - 0 vote approval of the plan dated May 18, 1987, subject to Staff recommendations of June 15th Staff report. Bob Hawkinson, 9515 Clubhouse Road, mentioned his concern over the driveway location for the development and the traffic backup it may cause. Peterson asked Ms. Johnson about the possibility of realigning the road. Ms. Johnson said due to the trees they did not align the roads. Dietz responded that they would like to align roadways. But the previous submittal did take out the trees and they decided the traffic was not sufficient to warrant environmental damage by relocating the road. Bob Hawkinson, 9515 Clubhouse Road, mentioned if you drive south on Clubhouse Road and pretend to drive into this area you would not hit a tree. Enger said it looks like the driveway would go under the dripline of the tree. Peterson asked if you go under the dripline, would it kill the tree. Enger responded that it probably would. Don McGlynn stated that with the first addition of Olympic Hills they moved Clubhouse Road 30 to 40 feet to accommodate 6 oak trees. That there is not 1 left of those 6. MOTION: Pidcock moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 87-187 for Comprehensive Guide Plan Amendment. Motion carried unanimously. MOTION: Pidcock moved, seconded by Anderson, to approve 1st Reading of Ordinance No. 35-87 for Rezoning. Motion carried unanimously. City Council Minutes 16 July 7, 1987 MOTION: Pidcock moved, seconded by Anderson, to adopt Resolution No. 87-188 for Preliminary Plat approval and direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. EDENVALE EXECUTIVE CENTER II by Equitable Life Assurance Society. 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 1-2 on 15.5 acres with variances, and Preliminary Plat of 15.5 acres into one lot for construction of 172,900 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 #87-190, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project had been notified. Paul Dunn, representing the proponent, addressed the proposal. Brian Gatzlaff, representing the proponent, addressed architectural design issues. Planning Director Enger said the Planning Commission reviewed this item at the June 8th meeting and recommended approval on a 5 - 0 vote, subject to plans dated April 24th and Staff report of June 5th. Bentley asked Mr. Enger if this project is going to develop as office/warehouse buildings. Enger responded the inner loop of the project always has been anticipated to be office/warehouse with outside the loop as office. City Council Minutes 1 7 July 7, 1987 Bentley said he wants the Council to hold firm on the use of office use for the outside area since it's a highly visible site. Pidcock asked if the buildings could be made more imaginative looking from the outside. Anderson agreed with Ms. Pidcock. Anderson also mentioned trying to save the trees in the area. Enger said they spent a lot of time talking to the proponents about the tree issue. He said with the plan the proponents have they may be able to save the trees, but it would be in the middle of their loading dock area. The proponents proposed to replace the trees two for one. Enger addressed the issue on being more imaginative. Stated the entire office/warehouse product has changed since 1981. Peterson agreed with Mr. Enger. Pidcock asked how much lighting there will be in the parking lot. Mr. Dunn responded that there will be pole lights and wall packs on all the buildings with light line coming out to the second row of parking. Anderson mentions his disappointment on the tree issue. Mr. Dunn stated they looked at it very carefully and addressed different procedures they tried. MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and adopt Resolution No. 87-189 for RID Concept Am Amendment to the Edenvale 9th Industrial Park PUD. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to approve 1st Reading of Ordinance No. 36-87-PUD-7-87 for PUD District Review and Zoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to adopt Resolution No. City Council Minutes 18 July 7, 1987 87-190 for Preliminary Plat approval. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. E. THOMPSON'S ADDITION by David Thompson. Request for Preliminary 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) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Brian Olson, representing the proponent, addressed the proposal. David and Hillary Thompson were available to answer questions. Director of Planning Enger said this item was reviewed by the Planning Commission on June 22, 1987. The Planning Commission recommended approval on a 6 - 0 vote, subject to plans dated June 4th and Staff report of June 19th. Also, this will be appearing at the Board of Appeals Thursday night. Peterson made reference to a combined driveway talked about in the Staff report. Enger said the Staff would recommend a turnaround on Lot 1 to eliminate any backups onto Valley View Road. MOTION: Bentley moved, seconded by Pidcock, to close the Public Hearing and adopt Resolution No. 87-191 for Preliminary Plat approval. Motion carried unanimously. F. EASEMENT VA CATION.,Q13_6..):1Qacy_jBIRQBEEKQ=1- TIM BER City Council Minutes 19 July 7, 1987 2ND ADDITION (Resolution #87-157) City Manager Jullie stated that notice was properly published for this easement vacation. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 87-157 vacating Drainage and Utility Easements on Lots 1-6, Block 6, Timber Creek Woods 2nd Addition. Motion carried unanimously. G. EASEMENT VACATION. LOT 1. BLOCK 1. PRAIRIE KNOLL ADDITION (Resolution #87-160) City Manager Jullie stated that notice was properly published for this easement vacation. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and adopt Resolution No. 87-160 vacating Drainage and Utility Easements on Lot 1, Block 1, Prairie Knoll Addition. Motion carried unanimously. V. PAYMENT OF CLAIMS Bentley questioned item 35801. City Manager Jullie said it is for his office chair. Peterson questioned item 35706. City Manager Jullie said it's a bill for attendance for a chamber meeting. Harris questioned item 35547. City Manager Jullie said it's related to a construction project on Homeward Hills Road. Anderson questioned item 35792. Asked if Eden Prairie has towing equipment. City Manager Jullie said they don't and explained the cost. City Council Minutes 20 July 7, 1987 Anderson asked if there was an agreement with Matt's Auto for towing services. City Attorney Pauly said they do not, but there is discussion whether the City should have one. Anderson thought the business should go to a local company. Pauly said that Matt's apparently has some equipment for larger rigs. Pauly said there's a proposal to seek a contract for towing services and have been reviewing it. Peterson asked Mr. Jullie if it's proper to call Laymen's Associates Legal Services and asked if it was consulting services. Jullie said engineering consulting services. Pidcock mentioned she would like to see on the Agenda in the future the way the City procures any engineering services. Said she would like a report. Anderson mentioned he would like an outline on how's it's done. MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 35481 to 35932. Roll call vote: Anderson, Bentley, Harris, Pidcock, Peterson voted "aye". Motion carried unanimously. Anderson mentioned he would like to amend the Agenda to include the City seek bids on towing services. Bentley questioned why the Council is doing this at this time without proper input from Staff. Anderson replied through the years they've had many complaints about residents taking business outside of the community. Bentley stated that it might be more appropriate now to simply put the issue on the Agenda for the next meeting so Council can discuss the issue. Peterson said he would vote against this and suggests to explore the feasibility and report back to Council. City Council Minutes 21 July 7, 1987 MOTION: Anderson moved, seconded by Pidcock, to include on the Agenda the City seeks bids on towing services. Bentley opposed, Harris abstained. Motion failed. MOTION: Bentley moved, seconded by Peterson, to place the towing service item on the next regularly scheduled Council meeting agenda. Pidcock opposed. Anderson opposed. Motion fails. VI. PETITIONS. REQUESTS & COMMUNICATIONS A. Appeal of the Decision of the Board of Appeals--Anderson's Garden Sh000e City Manager Jullie said the Board of Appeals on June 11th denied the required variance request for this item. He informed the Council they may overrule the Board of Appeals and grant the variance request. Jullie mentioned the certain findings which are incorporated into the minutes below. "FINDINGS OF FACT FOR REVERSAL OF BOARD OF APPEALS DENIAL OF VARIANCE REQUESTS FOR ANDERSON'S GARDEN CENTER 1. The City Council believes that the Board of Appeals did not adequately consider the merits of the individual variances, but rather, focused on land use and the City Council believes that the land use as proposed is the highest and best use of the property. 2. If the property is developed as proposed, it will operate as a good transitional land use between commercial and residential uses. 3. Although there is a request for outside display for sale of retail materials beyond the 10% allowed by City code, the nature of the material is harmonious with the surrounding area. This will be assured by the developer executing a restrictive covenant for City Council Minutes 22 July 7, 1987 the use of the property. 4. The land use, as proposed, is at a much lower floor area ratio than allowed by City Code. 5. Implementation of the developer's plan will more promptly correct maintenance problems evident on the property today. 6. If the proponent's information is correct, traffic to th property will be low. 7. Although the lot area is smaller than allowed by City Code, if taken together with the existing Little Red Grocery Store, it would meet the intent of the City Code for lot size minimum. 8. The variance request for exterior materials of the building has been dropped, and the building proposed should be in keeping with the surrounding area." City Attorney Pauly said there were a couple of comments in the previous hearing concerning the present state of the property, that it's something of a substandard. If Council should take that into consideration in the connection of hardship, that is one of the legal criteria for granting the variance. City Attorney Pauly stated he supplied the document typed below which sets out the legal criteria in addition to the factual findings Mr. Jullie referred to. "LEGAL FINDINGS FOR GRANTING OF A VARIANCE FROM PROVISIONS OF THE CODE RELATING TO ZONING 1. Strict enforcement of the Code provision would cause undue hardship because of circumstances unique to the individual property under consideration. City Council Minutes 23 July 7, 1987 a. The property can not be put to a reasonable use if used under conditions allowed by th zoning provisions of the Code. b. The need for the variance is due to circumstances unique to the property not created by the land owner. c. The variance will not alter the essential character of the locality. 2. The granting of the variance will be in keeping with the spirit and intent of the Code." Fred Hoisington, representing the proponent, addressed the proposal. Bentley said he would support a request to reverse the Board of Appeals because they were aware when granting the zoning approval for the variances. He also mentioned he would like to set up a meeting with the Board of Appeals and Adjustments and discuss exactly what their role is in this process. Anderson mentioned the fact of the 7 -0 vote not to approve by the Planning Staff and the nonrecommendation for nonapproval by the Staff and the 5 -0 recommendation by the Board of Appeals for denial. Bentley pointed out that what comes to the Council is a recommendation, it is not an approval, it is not a denial. He stated that based upon the minutes and discussion by the Board of Appeals, it was not a discussion that was necessarily appropriate to what their role is. Eugene Grover, 16390 Westgate Drive, stated his objections over the variance request. Stated they were assured it was going to be residential when the bought their house. City Council Minutes 24 July 7, 1987 Peterson addressed the other Public Hearings and the vast majority of neighbors who were in support of the project. Stewart Horn, representing the proponents, addressed the architectural issues of the building. Pidcock assured Mr. Grover that properties like this are monitored so things that aren't permitted within its use are happening. Anderson asked Ms. Pidcock what happens to property values with single family next to commercial. Pidcock replied she would see it as very favorable since you have single family down th street almost to the bank. She does not see a problem with that. Pidcock said she would see this as a good buffer zone between the residential and commercial. Anderson asked i it can be a low key buffer with that amount of outdoor space. Peterson replied it's not going to be stacks of lumber or mounds of sand but plantings. Harris said the other side is the number of neighbors who came forward in support of the proposal. Said she was impressed with the drawings of the plans and felt it would be a tasteful buffer to that particular community. Pidcock added that once the restrictions are in place that another owner could not come in and use the property for a different type of store. MOTION: Bentley moved, seconded by Harris, to overrule the Board of Appeals decision and that we grant Variance Request No. 87-20 and attach the Findings of Fact and the legal findings. Motion carried with Anderson opposing. VII. ORDINANCES & RESOLUTIONS A. ANDERSON'S GARDEN SHOPPE, by Don C. and Rita L. Anderson. 2nd City Council Minutes 25 July 7, 1987 Reading of Ordinance #29-87, Zoning District Change from R1-22 to C-Corn on 1.27 acres and from R1-22 to R1-13.5 on 1.86 acres; Approval of Developers Agreement for Anderson's Garden Shoppe; and Adoption of Resolution #87-192, Authorizing Summary of Ordinance #29-87, and Ordering Publication of Said Summary. 3.1 acres into one commercial lot, five single family lots and road right-of-way. Location: Southeast corner of County Road #4 and Valley View Road, west of Westgate Lane. (Ordinance #29-87, Rezoning; Resolution #87-192, Authorizing Summary and Publication) MOTION: Pidcock moved, seconded by Bentley, to approve 2nd Reading of Ordinance No. 29-87 for Rezoning. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley, to approve the Development Agreement for Anderson's Garden Shoppe. Motion carried with Anderson opposing. MOTION: Pidcock moved, seconded by Bentley, to adopt Resolution No. 87-192 authorizing Summary of Ordinance No. 29-87 and ordering the Publication of Said Summary. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Request to change terms on Commission MOTION: Bentley moved, seconded by Harris, to approve the recommendation of the Historical and Cultural Commission. Motion carried unanimously. IX. APPOINTMENTS There were none. City Council Minutes 26 July 7, 1987 X REPORTS OF OFFICERS. BQARDS & COMMISSIONS A. Reports of Council Members 1. Publicly commend Mr. Lambert and his staff for the fireworks display on July 4th MOTION: Pidcock moved, seconded by Harris, to publicly commend Mr. Lambert and his Staff for the fine 4th of July display. Motion carried unanimously. B. Report of City Manager 1. Property situation Oakridge Drive and Co. Rd. 4 City Manager Jullie said they're going to send out the land alteration permit. They had given Mr. Ebbens the form and explained its use. They have not yet heard back so they will send it out completed by the Engineering Staff with a deadline of August 1st. If Mr. Ebbens does not perform, they are prepared to start legal action. C. Report of City Attorney City Attorney Pauly referred to the Supreme Court Ruling mentioned in the June 16th City Council Minutes. He stated there's been another decision on June 26th arising out of California. He referred to the land use regulation by the California Costal Commission and the decision by the Supreme Court. D. Reoort of Director of Planning There was none. City Council Minutes 27 July 7, 1987 E. ReDOrt of Director of Community Services 1. Trail Requests MOTION: Anderson moved, seconded by Bentley, to approve trail requests. Motion carried unanimously. 2. Proposed Park Use Ordinance Revisions Anderson said he would like to have a report back to see how the floating devices are working in the depth of water they'll be in since most trained lifeguards are opposed to these. Anderson said he would like to see a stronger hand out at Riley Lake, if at all possible. He mentioned the different type of crowds that go to Riley Lake than Round Lake. He also mentioned he agrees with banning glass out at Riley Lake. Pidcock mentioned the rental of parks for use by citizens and how they would have to have insurance to do this. Lambert mentioned this is not uncommon, that Bloomington does this also. The reason for doing this was so citizens would be responsible for the behavior of the people in their group. Lambert also mentioned the parks are booked solid into the fall. MOTION: Bentley moved, seconded by Harris, to approve the proposed park use ordinance revisions. Motion carried unanimously. F. Report of Director of Public Works 1. AwardsgniraafallemacilnallImaramementadL.,52:121.a.Mi Sunnybrook Road Improvements_ west of Homeward Hills Road I.C. 52-109 (Resolution NO. 87-194) City Council Minutes 28 July 7, 1987 Director of Public Works Dietz said they only received two bids on this project. Stated that the lower bid was not responsive. The recommendation is to reject the lower bid and award the contract to Brown and Cris Incorporated for $134, 519.35, which is below engineering's estimate. MOTION: Harris moved, seconded by Anderson, to award the contract to Brown and Cris for the Sunnybrook Road and Nemec Knolls, Resolution No. 87-194. Motion carried unanimously. Xl. NEW BUSINESS Harris mentioned she would like a brief report at a future Council meeting from the City Engineer, first, on the progress of wells currently under construction and what that's going to mean to the City. Secondly, the impact of any current and known future development on the recharge aquifer for Eden Prairie as it relates to pollution of the surface water collecting areas. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the City Council meeting at 11:50 p.m. 5 ,49,11.4kd 0.4 -rt‘e_ C,-4y JAL', I e laa TSoe (1 O tJ RESIDENT'S REPORT TO THE EDEN PRAIRIE CITY COUNCIL ON THE TIMBER CREEK DEVELOPME N T Pit i< tvi ameblfs Date: August 19, 1980 Prepared By: Joseph J. Morin w i t h t h e s u p p o r t o f c i t i z e n s r e p r e s e n t i n g six neighborhood communities. FORWARD This report deals with the rights of citizens in the seven n e i g h b o r - hoods surrounding the proposed Timber Creek development to h a v e additional parkland dedicated in this area beyond that alrea d y r e - quired to be dedicated by the developer. The report* was pr e s e n t e d k 1 to the Eden Prairie Planning Commisssion on August 11, 1980. The Planning Commission ruled that it did not have the scope o f authority to decide the issues presented in this report beca u s e they could only consider the parkland requirements of future r e s i d e n t s of the proposed development. The Planning Commission advise d us (the residents of the seven neighborhoods surrounding the proposed development) to "take your fight to the City Council. We are not presenting this report in order to "fight", but on l y wish to present our case. The Planning Commission was too na r r o w in the scope of its authority to deal with the rights of the c i t i z e n s of seven neighborhoods. We hope that the City Council is not t o o broad in scope to consider the rights of these citizens. We f e a r that we are being told that we must give up our rights to our n e i g h b o r - hood parkland so that the entire city can be served by bigger a n d better parks in other areas of town. If this is indeed what we are being told, we strongly object t o t h e message. We even more strongly object to the concept impli c i t i n t h e message, that citizens can be told that they must give up t h e i r r i g h t s for the good of the state. *NOTE: This version of the report differs slightly from th a t presented to the planning commission because the statistics h a v e been updated. ' INTRODUCTION This report represents the majority opinion of the residents of the neighborhoods described as Edenview 1, Edenview 2, Nottingham Forest, County Road 4, Kurtz Lane, and Paradise Valley. It also contains information about the opinions held by residents of the Coachlight Manor/Trumpy Homes development area. The residents of these neighborhoods are dissatisfied with the park plan proposed for the Timber Creek development. We recognize that the park issue is only one of several important planning issues under consideration, but this issue is of extremely high importance to the residents in the area surrounding the develop- ment who will be served by facilities in the development area. The Purgatory Creek area, abundant with wildlife and natural beauty would be forever lost as natural wilderness parkland if the planned development occurs. If we are not heard at this time, our right to have this wilderness parkland will also be lost. 0 HISTORICAL ENTITLEMENT 1 The neighborhoods affected by the proposed development are the pioneer residential neighborhoods that first provided the tax base for Eden Prairie. The tax base increased as the area grew, but parkland was never secured. The townships did not foresee the need in these neighborhoods to provide what is being provided today in communities that are being developed. The residents were told to go play in the fields, and this suited them fine because the fields and wood- lands were beautiful. The fields and woodlands are disappearing now; and the neighborhoods are becoming closed pockets, isolated from the natural open parkland they once enjoyed. These neighborhoods had provisions for parkland in their original 1 covenants. For example, two mini-parks were proposed in the Kutcher Development Covenants for Edenview 1 and Edenview 2. Edenview I had lots dedicated at the east end of S. Eden Drive and at the west end of N. Eden Drive. Edenview 2 had lots dedicated at the end of S. Lund. I These parks were not accepted at the time because the town of Eden Prairie was unwilling to accept maintenance responsibility. As the pioneer development community, we would expect the planning commission and city council to be especially sensitive to our rights. We are entitled to due process in the serving of the compelling in- terest of the community. Specifically, we are entitled to the same consideration given other neighborhoods in satisfying our need for recreational facilities. The cash park fee system was instituted for the purpose of providing parkland for neighborhoods such as ours. Past city council members have been sensitive to our inequities and have made attempts to provide parkland for us in the past. However, the need for support from the City Council has never been as critical as it is now. \ The last bond referendum in the fall o f 1 9 7 9 s h o w e d a p l a n w h i c h included acquisition of parkland in w h a t i s n o w t h e T i m b e r C r e e k development proposal. This plan (and f u n d i n g ) w a s p a s s e d b e f o r e the original Timber Creek development p r o j e c t w a s e v e n s u b m i t t e d . Strangely enough, the areas defined a s p a r k l a n d i n t h e b o n d r e f - erendum now also appear as parkland i n t h e T i m b e r C r e e k p r o p o s a l , The developer is required to provide t h i s a m o u n t o f p a r k l a n d a n y w a y for the future residents of the deve l o p m e n t . T h e r e f o r e , t h e p r e s e n t residents of the surrounding neighbor h o o d s w i l l b e d e p r i v e d o f t h e i r rights (which were guaranteed long ag o ) i f t h i s p r o p o s a l i s p a s s e d . The original Timber Creek proposal (F e b r u a r y 1 9 8 0 ) w a s r e j e c t e d o n the basis that the park situation was n o t w e l l a d d r e s s e d t o w a r d t a x paying citizens of a community which d a t e s b a c k 2 0 y e a r s . I t i s t h e feeling of these citizens that the b a s i s o f t h a t r e j e c t i o n w a s w e l l founded, and that the only change to t h e r e j e c t e d p r o p o s a l h a s b e e n the insignificant addition of a few m o r e a c c e s s p o i n t s . W e b e l i e v e that the park situation is still not w e l l a d d r e s s e d . W e b e l i e v e that we are entitled to more parkland a r e a . (1)It is more than just an issue of enti t l e m e n t t h a t c o n c e r n s u s t o d a y . 3 We are also concerned with our soci a l r e s p o n s i b i l i t y a s c i t i z e n s t o make the proper decisions in preserv i n o u r bountiful natural Lez.o_u_rHs We would like to preserve t e entire a r e a ; b u t i f t h i s i s i m p o s s i b l e , let us at least try to preserve the m o s t b e a u t i f u l s e c t i o n s . W e a r e fortunate that these sections are the o n e s m o s t u s e d b y c h i l d r e n a n d adults alike for nature study, walkin g , j o g g i n g , a n d e v e n b i c y c l i n g in the summer... and for sliding, cro s s c o u n t r y s k i i n g , a n d s n o w shoeing in the winter. We have the re s p o n s i b i l i t y t o i n c l u d e s o m e human feeling for the people who now u s e a n d l o v e t h i s a r e a , a l o n g with the other relevant factors in ma k i n g a p r o p e r d e c i s i o n . W e h a v e a responsibility to preserve some of t h e a r e a f o r c h i l d r e n n o t y e t born, and for those future residents o f t h e n e w d e v e l o p m e n t . RESIDENT/PARK BOARD COMMUNICATION DI F F I C U L T I E S Unfortunately, we have not had effect i v e c o m m u n i c a t i o n w i t h o u r Park Board. The Park Board staff did n o t s o l i c i t c i t i z e n i n p u t d u r i n g the planning process, and reacted def e n s i v e l y w h e n i n p u t w a s p r o v i d e d during the June 16, 1980 Park Board h e a r i n g . Thirty-five residents attended the Ju n e 1 6 , 1 9 8 0 h e a r i n g b e c a u s e o n e local resident distributed flyers th r o u g h o u t t h e n e i g h b o r h o o d . N o one else was even notified of a meeti n g . Residents are not informed of meeting s a n d a r e n o t n o t i f i e d o f m a j o r shifts in planning policy. For exampl e , o f t h e 3 5 p e o p l e a t t e n d i n g the June 16, 1980 meeting, not one pe r s o n k n e w t h a t a m a j o r s h i f t h a d taken place in the park planning syst e m d e p r i v i n g t h i s c o m m u n i t y o f the more than 18 acres of parkland o r i g i n a l l y p l a n n e d b y t h e P a r k Board. No public hearings were held, a n d n o p u b l i c n o t i c e s w e r e r e - ceived by the residents. At the June 16, 1980 meeting, attended b y 3 5 r e s i d e n t s , t h e P a r k Board rejected the original staff prop o s a l o n t h e b a s i s t h a t p r i o r i t y . whould be given to the present resident s ( o v e r f u t u r e r e s i d e n t s ) o n the park issue. The primary concerns e x p r e s s e d e a r l i e r i n t h i s r e p o r t (entitlement, a wilderness park concept , e x t e n t o f r e s p o n s i b i l i t y ) w e r e discussed. A secondary concern was ex p r e s s e d t h a t m o r e a t t e n t i o n s h o u l c be given on how to access this area. At the conclusion of the meeting the d e v e l o p e r a g r e e d t o m e e t w i t h the residents to draw up a plan which w o u l d b e e n d o r s e d b y t h e r e s i - dents. A number of people signed up, a n d a l i s t w a s p r o v i d e d t o t h e developer during a gathering after the m e e t i n g i n t h e p a r k i n g l o t . The developer then agreed to organize t h e m e e t i n g t o d r a w u p a p l a n with the residents. The developer did not have the meeting w h i c h w e a g r e e d u p o n , a n d a second Park Board hearing was held on J u l y 7 , 1 9 8 0 . O n l y o n e r e s i d e n t was notified, and it was too late to in f o r m t h e n e i g h b o r h o o d p e o p l e . The residents wonder why at least the 3 5 p e r s o n s a t t e n d i n g t h e f i r s t meeting were not notified, since a sign - u p l i s t ( o n a y e l l o w p a d ) o f meeting attendees was circulted by the P a r k B o a r d s t a f f . C o n s e q u e n t l y , only about 4 or 5 residents attended the July 7, 1 9 8 0 m e e t i n g . O p - portunity for discussion was quickly c l o s e d a n d v i r t u a l l y t h e s a m e plan, previously rejected, was passed . T h e P a r k B o a r d s a i d t h a t t h e citizen's concern was access to the pa r k , a n d t h a t t h i s w a s n o w a d e - quately addressed. This conclusion was reached even thoug h a c c e s s w a s o n l y a s e c o n d a r y concern. (One Park Board commissioner w h o d i d n o t a t t e n d t h e m e e t i n g where the plan was rejected voted to p a s s t h e p r o p o s e d p l a n . H e pointed to a stack of documents before h i m a n d c o m m e n t e d t h a t h e was adequately informed to vote. He ma d e t h e s t a t e m e n t e v e n t h o u g h approved minutes of the meeting had no t y e t b e e n i s s u e d , a n d w e r e not issued as of August 3, 1980.) The p r i m a r y i s s u e s w e r e i g n o r e d . There was no citizen input to be evalua t e d b y t h e P a r k B o a r d C o m m i s - sioners. One Commissioner expressed co n c e r n f o r t h e c a s h f e e p a y i n g community west of the staff proposed p a r k i n t h e s o u t h w e s t c o r n e r o f the proposed development even though n o o n e f r o m a d j a c e n t n e i g h b o r - hoods ever attended the meetings or r e q u e s t e d r e p r e s e n t a t i o n . T h i s commissioner motioned to vote against t h e w i l d e r n e s s p a r k l a n d c o n c e p t proposed by 35 active participants at t h e J u n e 1 6 , 1 9 8 0 m e e t i n g . . . 35 people representing six neighborhoo d c o m m u n i t i e s . . . 3 5 p e o p l e e n - titled to due process. We have since l e a r n e d t h a t t h e v a s t m a j o r i t y of the Coachlight Manor/Trumpy Homes a r e a r e s i d e n t s a c t u a l l y p r e f e r the wilderness parkland concept. PUBLIC PETITION As a result of the communication failur e w i t h o u r P a r k B o a r d , t h e residents had a meeting and organized a p e t i t i o n d r i v e . W e w a n t e d our voices to be clearly heard and u n d e r s t o o d . T h e p e t i t i o n r e a d s as follows: PUBLIC PETITION We, the undersigned, he r e b y p e t i t i o n t h e c i t y of Eden Prairie to dedi c a t e t h e n o r t h e a s t c o r n e r (approximately thirty-f i v e a c r e s ) o f t h e p r o p o s e d Timber Creek developmen t a s d11.ciezzundevs2p.e w ess parkland (except f o r w o o d c h i p t r a i l s ) . This area is bounded by P u r g a t o r y C r e e k o n t h e south, townline road on t h e n o r t h , e x i s t i n g d e - velopment on the east, a n d t h e l o w s i d e o f t h e hill (known locally as " D e a d M a n ' s H i l l " ) a t some distance beyond an e x i s t i n g t r a i l o n t h e west. We propose that the ent i r e 1 5 a c r e s n o w d e d i - cated by statute as par k l a n d b e a l l o c a t e d t o t h e northeast corner park, a n d t h a t t h e c i t y p u r c h a s e the additional acreage n e e d e d t o c o m p l e t e t h e above description with f u n d i n g f r o m t h e c a s h park fees. ;14:1=rin ig e tt17:,t =e7aZ164,11(ap istn cilu=y ski trails, or walking t y p e b r i d g e s a c r o s s t h e creek and marshland. .map denotes general location ( n o t t o s c a l e ) - Copies of the signatures were p r e s e n t e d t o t h e P l a n n i n g C o m m i s s i o n during the meeting on August 1 1 , 1 9 8 0 . T h e o r i g i n a l s a r e p r e s e n t e d to the City Council this evenin g . The results to date are as foll o w s : o 336 signatures " o Over 325 "voting age" sign a t u r e s o 212 households have signed the p e t i t i o n O 12 households did not want to si g n t h e p e t i t i o n o 62 households have not yet been c o n t a c t e d Of the 12 households who did no t w a n t t o s i g n t h e p e t i t i o n , 4 c i t e d increased taxes as a reason, I h a d n o r e a s o n , 3 w e r e p r o f e s s i o n a l l y , involved, 1 preferred tennis co u r t s o r a d u l t f a c i l i t i e s , 1 p r e f e r r e c ballfields over the wilderness p a r k l a n d c o n c e p t , a n d 2 s u p p o r t e d t h e wilderness parkland concept but w a n t e d a l a r g e r b u f f e r z o n e b e t w e e n their homes and the planned tow n h o u s e s a n d c o n d o m i n i u m s . The results from the Coachlight M a n o r / T r u m p y H o m e s n e i g h b o r h o o d i s significant because the petitio n c a l l s f o r r e - a l l o c a t i n g a p p r o x i m a t e l 5 acres of proposed parkland fr o m t h e s o u t h w e s t c o r n e r t o t h e n o r t h - east corner (Rick Murray of B-T L a n d C o m p a n y t o l d a c o m m i t t e e o f residents that B-T Land Co. wou l d b e w i l l i n g t o r e - a l l o c a t e t h e p r o - posed southwest corner parkland t o t h e h i l l a r e a i n t h e n o r t h e a s t section). There were 34 signatur e s f r o m t h i s n e i g h b o r h o o d , 2 9 h o u s e - holds were contacted, 1 did not s i g n b e c a u s e o f t a x e s , 2 w e r e p r o - _ fessionally involved, and 2 supp o r t e d w h t w i l d e r n e s s p a r k l a n d c o n c e p t but did not want townhouses an d c o n d o m i n i u m s n e a r b y . T h e r e s i d e n t s of this neighborhood would give e v e n s t r o n g e r s u p p o r t t o t h e w i l d e r - ness parkland concept if the de v e l o p m e n t p l a n s h o w e d s i n g l e f a m i l y units in the southwest corner a n d t o w n h o u s e s a n d c o n d o m i n i u m s m o v e d more toward the center of the d e v e l o p m e n t . T h i s w o u l d b e m o r e f a i r to the builder in the Trumpy ho m e s a r e a s i n c e p r o p e r t y v a l u e s w o u l d tend to fall with condominiums n e a r b y , w o u l d t e n d t o r i s e w i t h a s m a l l park nearby, and would remain s t a b l e w i t h o t h e r s i n g l e f a m i l y d w e l l i n g nearby. I In summary, approximately 78% o f t h e h o u s e h o l d s c o m p r i s i n g t h e s e v e n ;:t gi lti trl hoo tt brrIletr iti h car th ci:tpN cslents t1=-Whelli 14 v :n272:Men e by the citizens of these communi t i e s . CONCLUSIONS The conclusions drawn in this report a r e a s f o l l o w s : 1. The residents have historic e n t i t l e m e n t t o t h e p a r k l a n d d e s c r i b e d in the petition. 2. Additional parkland beyond that already contributed by t h e developer should be purchased by the City from the fun d s a c - cumulated from cash park fees and the last bond refere n d u m . Funds originally allocated for park development and ma i n t e n a n c e could be re-allocated toward acquisition of the parkla n d o n t h e basis that a natural wilderness parkland would incur little o r no development or maintenance costs. 3. The wilderness parkland concept has the overwhelming su p p o r t and endorsement of the citizens of the community. 4. During the weekend prior to the August 11, 1980 Plannin g C o m m i s s i o n meeting, the citizens of six neighborhoods gathered tog e t h e r to discuss the issues, drew up a petition, had it publi s h e d , went out and gathered 309 signatures, and produced this r e p o r t . We believe that the intensity of this effort is almost a s r e v e a l i n g as the results of the effort. The people are very seri o u s l y c o n - cerned, and very intimately involved. Gary D. Peterson, Mayor CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-202 A RESOLUTION APPROVING FINAL PLAT OF TIMBER CREEK WOODS 3RD ADDITION WHEREAS, the plat of TIMBER CREEK WOODS 3RD ADDITION 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 TIMBER CREEK WOODS 3RD ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JULY 16, 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 21, 1987. 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: July 16, 1987 SUBJECT: TIMBER CREEK WOODS 3RD ADDITION PROPOSAL: The Developer, Builders Development and Finance has re q u e s t e d C i t y Council approval of the Final Plat of Timber Creek Woods 3rd Addition, a single-family residential plat located north of Duc k L a k e Trail and west of County Road #4 in the North half of Section 5 . T h e plat contains 1.34 acres and is a realignment of lot lines of L o t s 1 through 6, Block 1 Timber Creek Woods 2nd Addition to provide w i d e r lots at the building setback lines. HISTORY: The Preliminary Plat was approved by the City Council J u n e 2 , 1 9 8 7 , per Resolution #87-142. Zoning to R1-13.5 and R1-9.5 was finally read and approved by th e City Council September 20, 1983, per Ordinance No. 41-83. The Developer's Agreement referred to within this report was exe c u t e d September 20, 1983. VARIANCES: All variance requests must be processed through th e B o a r d o f Appeals. UTILITIES AND STREETS: All municipal streets and utilities nec e s s a r y t o s e r v e this plat are in place. Vacation of the drainage and utility easements over the previously platted lots was completed July 7, 1987. These easements will be replaced with easements along the reconfigured lot lines. PARK DEDICATION: The requirements for park dedication have bee n m e t w i t h t h e platting of Timber Creek Woods 2nd Addition. BONDING: Bonding requirements have been satisfied. RECOMMENDATION: Recommend approval of the Final Plat of Timber C r e e k W o o d s 3 r d Addition subject to the requirements of this report, the Devel o p e r ' s Agreement and the following: 1. Receipt of Engineering Fee in the amount of $250.00. JJ:ss cc: Rick Murray, Builders Dev. & Finance Dale Beckman, B.R.W. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-165 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WESTWOOD INDUSTRIAL PARK 4TH ADDITION BY DALLAS DEVELOPMENT COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Westwood Industrial Park 4th Addition for Dallas Development Company, dated June 12, 1987, consisting of 14.36 acres for two lots for industrial development, a copy of which is on file at the City Hall, is found to be In conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 21st day of July, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: REQUEST: Planning Commission Scott A. Kipp, Assistant Planner Chris Enger, Director of Planning July 10, 1987 Westwood Industrial Park 4th Addition Southeast quadrant of Bury Drive and Townline Road Dallas Development Company 1. Preliminvy Plat of 14.36 acres into two lots. NJ Background This property is part of the Westwood Industrial Park Planned Unit Development (PUD) previously approved by the City Council in September of 1981 and zoned 1-2. As part of that approval, an "in-house" h II PROPOSED SITE review would be required for each 40 460,m41_,: lot prior to any building permitl - issuance. -00k The City has completed a review for a proposed building on Lot 1, previously part of the Westwood Industrial Park 3rd Addition, and found it in conformance with City* Code and the requirements of the developer's agreement, including screening of all parking areas, slope restoration and placement of the loading facilities may from the Nine Mile Creek floodplain area. Dallas Development Company expects to build on this lot immediately upon approval of the platting request. In addition, proposed Lot 2 has had a conceptual approval for a building which is also in conformance with the developer's agreement requirements including a screening/buffering berm along the south property line to adequately IN atAn %PA 4P• us A mom AREA LOCATION MAP Westwood Industrial Park 4th Addition 2 July 10, 1987 screen any potential views into the loading facilities from the residential area of Tanager Creek (see submitted plan). Grading has been completed on both sites at this time, including the screening berm along the south property line. The 2/1 slope along the east property line has been completed according to the PUD plan including the application of a wood fiber blanket for slope stabilization. All wooded areas along the east property line have also been protected with a snow fence. Preliminary Plat The request at this time is to subdivide Lot 2 of the Westwood Industrial Park 3rd Addition into two lots consisting of 5.67 acres and 8.69 acres. City Code requires a minimum of 2 acres within an 1-2 zoning. The preliminary plat indicates drainage and utility easements around the entire platted area except for a small portion along the west property line of Lot 2. The preliminary plat should be revised to include a five-foot drainage and utility easement along that interior portion of the westerly lot line so as to provide a continous easement around the lot. STAFF RECOMMENDATIONS The Planning Staff would recommend approval of the request for the preliminary plat of 14.36 acres into 2 lots based on plans Staff dated June 12, 1987, and based on the Staff Report dated July 10, 1987, subject to the following: 1. Prior to Final Plat, proponent shall revise Lot 2 to include the additional five-foot drainage and utility easement along the interior portion of the westerly lot line. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-203 A RESOLUTION APPROVING FINAL PLAT OF WESTWOOD INDUSTRIAL PARK 4TH ADDITION WHEREAS, the plat of WESTWOOD INDUSTRIAL PARK 4TH A D D I T I O N h a s b e e n s u b m i t t e d in a manner required for platting land under the Ed e n P r a i r i e O r d i n a n c e C o d e and under Chapter 462 of the Minnesota Statutes and a l l p r o c e e d i n g s h a v e b e e n duly had thereunder, and WHEREAS, said plat is in all respects consistent wi t h t h e C i t y p l a n a n d t h e regulations and requirements of the laws of the Sta t e o f M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O F T H E C I T Y O F E D E N P R A I R I E : A. Plat approval request for WESTWOOD INDUSTRIAL PARK 4 T H A D D I T I O N i s approved upon compliance with the recommendation of t h e C i t y Engineer's report on this plat dated JULY 14, 1987. B. That the City Clerk is hereby directed to supply a c e r t i f i e d c o p y o f this Resolution to the owners and subdivision of the a b o v e n a m e d plat. C. That the Mayor and City Manager are hereby authoriz e d t o e x e c u t e the certificate of approval on behalf of the City C o u n c i l u p o n compliance with the foregoing provisions. ADOPTED by the City Council on JULY 21, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT OF 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: July 14, 1987 SUBJECT: WESTWOOD INDUSTRIAL PARK 4TH ADDITION PROPOSAL: Dallas Development Company has requested City Council appr o v a l o f t h e Final Plat of Westwood Industrial Park 4th Addition. Copies of thi s proposal have been included with the material provided for prelimin - ary plat approval request also scheduled for this meeting. Located east of Bury Drive and south of Townline Road, the plat contains 14.36 acres to be divided into two lots for industrial use. This plat is a division of Lot 2, Block 1 Westwood Industrial Park 3rd Addition, into two lots, Lot 1 containing 5.67 acres and Lot 2 con- taining 8.69 acres. HISTORY: The Preliminary Plat is scheduled for City Council revie w J u l y 2 1 , 1987, (Resolution 87-165). Zoning to 1-2 Park was finally read and approved by the City Council December 15, 1981, per Ordinance 81-20. The Developer's Agreement executed for Westwood Industrial Park sh a l l apply to this addition. VARIANCES: All variance requests must be processed through the Bo a r d o f Appeals. UTILITIES AND STREETS: All municipal utilities and streets necess a r y t o s e r v e this property have been installed. PARK DEDICATION: Park dedication shall conform to City Code requi r e m e n t s . BONDING: Bonding shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the Final Plat of Westwood I n d u s t r i a l Park 4th Addition subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of Engineering Fee in the amount of $250.00 2. City Council approval of the Preliminary Plat (Resolution 87-105) JJ:ss cc: Dallas Development Co. Westwood Planning & Engineering 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-204 A RESOLUTION APPROVING FINAL PLAT OF BLUESTEM HILLS 3R0 ADDITION WHEREAS, the plat of BLUESTEM HILLS 3RD ADDITION 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 BLUESTEM HILLS 3RD ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JULY 14, 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 21, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Council Members Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: July 14, 1987 SUBJECT: BLUESTEM HILLS 3RD ADDITION PROPOSAL: Brown Land Company has requested City Council approval of the Final Plat of Bluestem Hills 3rd Addition. Located north of Purgatory Creek and south of Bluestem Lane, this plat is a re- plat of Lots 11, 12, 13 and 14 of Bluestem Hills 1st Addition into three lots of larger size to provide more flexibility in building options. The plat contains 1.36 acres. Outlot A is within the Purgatory Creek conservancy zone and will be deeded to the City. HISTORY: The Preliminary Plat was approved by the City Council June 16, 1987, per Resolution 87-174. Second reading of Ordinance 45-86, changing zoning from rural to RI-13.5, was finally read and approved at the City Council meeting held September 16, 1986. The Developer's Agreement referred to within this report was executed September 16, 1986. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and walkways necessary to serve this property are well under construction and will be completed in conformance with City Standards and requirements of the Developer's Agreement. Concurrent with the approval of the Final Plat, the previously platted drain- age and utility easements are to be vacated. The conservation easemer.t filed with Hennepin County over the original plat of Bluestem Hills 1st Addition has been revised with this plat proposal. Prior to release of the Final Plat, the conservation easement shall be amended to reflect the revision. PAGE 2 BLUESTEM HILLS 3RD ADDITION JULY 14, 1987 PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding will conform to City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the Final Plat of Bluestem Hills 3rd Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Completion of vacation process of the underlying drainage and utility easements. 2. Receipt of Warranty Deed for Outlot A. 3. Amendment made to the recorded conservation easement to reflect the revised conservation easement line. JJ:ss ,e32'e)LAJNI 4 9AJ,3 ea /=cc. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-195 A RESOLUTION APPROVING FINAL PLAT OF BLOSSOM RIDGE WHEREAS, the plat of BLOSSOM RIDGE has been submitted in a manner req u i r e d f o r platting land under the Eden Prairie Ordinance Code and under Chapter 4 6 2 o f the Minnesota Statutes and all proceedings have been duly had thereund e r , a n d WHEREAS, said plat is in all respects consistent with the City plan a n d t h e 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 P R A I R I E : A. Plat approval request for BLOSSOM RIDGE is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JULY 14, 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 21, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk FROM: Jeffrey Johnson, Engineering Technician DATE: July 14, 1987 SUBJECT: BLOSSOM RIDGE 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 PROPOSAL: The Developers, G.W. Pearson and Harold Johns o n , h a v e r e q u e s t e d C i t y Council approval of the Final Plat of Blossom Ridge. L o c a t e d s o u t h of Blossom Road east of Bennett Place, the plat contain s 3 . 0 7 a c r e s to be subdivided into five (5) single family lots and s t r e e t r i g h t - of-way for roadway purposes. The remaining parcels of lots 14, 15 & 16 shall be inclu d e d i n t h i s plat either as a lot or an outict along with 16.5 of ad d i t i o n a l right-of-way for Bennett Place. HISTORY: The Preliminary Plat was approved by the City C o u n c i l A p r i l 2 1 , 1 9 8 7 per Resolution #87-86. Second reading of Ordinance 15-87, changing zoning from R 1 - 2 2 t o R 1 - 13.5, was finally read and approved by the City Council o n J u l y 7 , 1987. The Developer's Agreement, referred to within this rep o r t , w a s executed on July 15, 1987. VARIANCES: All variance requests must be processed throu g h t h e B o a r d o f Appeals. 1 UTILITIES AND STREETS: All municipal streets and utilit i e s w i t h i n t h e p l a t will be installed by the Developer in conformance wit h C i t y Standards. A City Improvement Contract for the upgrad i n g o f B e n n e t t Place and Blossom Road is scheduled to be bid July 16, 1 9 8 7 , w i t h construction to begin shortly thereafter. To avoid duplication of street names, "Blossom Ridge" s h o u l d b e renamed. PAGE 2 BLOSSOM RIDGE JULY 14, 1987 BONDING: Bonding must conform to City Code requirements and be provi d e d p r i o r to release of the Final Plat. PARK DEDICATION: Park dedication shall conform to the requirements of t h e Developer's Agreement and City Code. RECOMMENDATION: Recommend approval of the Final Plat of Blossom Ridg e s u b j e c t 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. S. 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 87-201 RESOLUTION AUTHORIZING PERMIT APPLICATION FOR NEMIC KNOLLS WHEREAS, the proposed sanitary sewer to be constructed in Nemic Knol l s (Improvement Contract 52-121) requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Compreh e n s i v e Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as fo l l o w s : 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 21, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-206 RESOLUTION AUTHORIZING PERMIT APPLICATION FOR WELTER PURGATORY ACRES 2ND ADDITION WHEREAS, the proposed sanitary sewer to be constructed in Welter Purgatory Acres 2nd Addition 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 21, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk The Ridge 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 25-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVI N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LE G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHA P T E R 1 A N D S E C T I O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORD A I N S : Section 1. That the land which is the subject of this Ordinanc e (hereinafter, the "land") is legally described in Exhibit A a t t a c h e d h e r e t o a n d m a d e a part hereof. Section 2. That action was duly initiated proposing that the land b e removed from the Rural and R1-22 Districts and be placed i n t h e R 1 - 1 3 . 5 D i s t r i c t . Section 3. That the proposal is hereby adopted and the land shall b e , and hereby is removed from the Rural and R1-22 Distric t s a n d s h a l l b e i n c l u d e d hereafter in the R1-13.5 District, and the legal desc r i p t i o n s o f l a n d i n e a c h District referred to in City Code, Section 11.03, Subdi v i s i o n 1 , S u b p a r a g r a p h 8 , shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions an d Definitions Applicable to the Entire City Code Including P e n a l t y f o r V i o l a t i o n " a n d Section 11.99, entitled "Violation a Misdemeanor" are h e r e b y a d o p t e d i n t h e i r entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions o f that certain Developer's Agreement dated as of July 21, 1 9 8 7 , e n t e r e d i n t o b e t w e e n Dirlam Development, a sole proprietorship and Craig R. M o r t o n & A s s o c . , I n c . , a Minnesota corporation, both jointly referred to as Develop e r s , a n d t h e C i t y o f E d e n Prairie, which Agreement and Owner's Supplement are hereby m a d e a p a r t h e r e o f . Section 6. , This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of t h e C i t y o f E d e n Prairie on the 2nd day of June, 1987, and finally read a n d a d o p t e d a n d o r d e r e d published at a regular meeting of the City Council of said C i t y o n t h e 2 1 s t d a y o f July, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of PRLLIMINARY PLAT That part of the East half of the Southeast Quarter of Section 7, Totnship 716, Range 22, Hennepin County, Minnesota lying northerly of the northerly tight of way line of State Trunk Highway No. 5, Estopt those parts embraced within the plats of DONNAYS ROUND LAKE ESTATES and THE R1DOE, all according to said recorded plats thereof, and also excepting therefrom the South 1876.58 feet of the west 1799.94 feet of the South half of said Southeast Cuarter. And that part of Section 8, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at • point on the West line of said Section 8, distant 1977.85 feet South of the West Quarter corner of said Section 0; thence East perpendicular to the West line of said Section 8 • distance of 111.89 feet; thence at right angles south to the northerly line of State Highway No. 5, thence westerly along the northerly line of said Highway to the west line of said Section 8; thence north along the West line of said section to the point of beginning. Containing 24.99 AC146 REZONING FROM RURAL 10 R1-13.5 That part of the following described property: That part of the East half of the Southeast Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota lying northerly of the northerly right of way line of State Trunk Highway Na. 5, ExCept those parts embraced within the plats of DONNAYS ROUND LAKE ESTATES and THE RIDGE, all according to said recorded plats thereof, and also excepting theteftom the South 1•76.S8 feet of the West 1799.94 feet of the South half of said Southeast Quarter. Which lies northerly and easterly of the following described line, Beginning at a point on the East line of said Section 7, distant 1977.85 feet South of the East Quarter corner of said Section 7, thence on an assumed bearing of North 86 degrees 35 'minutes 89 seconds West, at right angles to said East line of Section 7, a distance of 269.62 feet; thence North 9 degrees 49 minutes.). seconds East a distance of 7.14 feet, thence North 0 degrees 17 minutes SO Seconds West • distance of 48.58 feet, thence North 21 degrees 25 minutes 31 seconds West • distance of 84.87 feet; thence North 43 dgrees 54 minutes 19 seconds West • distance of 222.07 feet; thence North 3 degrees 40 minutes 29 seconds West a distance of 76.21 feet, more or less to the South line of said THE RIDGE and said line there terminating. Containing 2.96 ACLU REZONING FROM R1-22 to R1-13.5 That part of the following described property, That port of the East half of the Southeast Quarter of Section 7, Township 116, Range 22, Hennepin County, Minnesota lying northerly of the northerly right of way line of State Trunk Highaay No. S, Except those parts embraced within the plats of DC:4,AYS ROUND LAKE ESTATES and THE RIDLIE, all according to said recorded plats thereof, and also excepting therefrom the South 1976.58 feet of the West 1799.94 feet of the South half of said Southeast Quartet. And that part of Section e, Township 116, Range 22, Hennepin County, Minnesota described as follows: Beginning at a point on the West line of said Section 8. distant 1977.85 feet South of the west Quarter corner of .said Section 6; thence East perpendicular to the West line of said Section 8 a distance of 111.00 feet: thence at right angles south to the northerly line of State Highway No. 5: 'thence westerly along the northerly line of said Highway to the West line of said Section 8; thence north along the West line of said section to the point of beginning. Which lies southerly and easterly of the following described line, Beginning at a point on the East line of said Section 7, distant 1977.05 feet South of the East Quarter corner of said Section 7, thence on an assumed bearing of North 66 degrees 35 minutes 09 seconds West, et right angles to said East line of Section 7, a distance of 260.62 feet; thence South 9 degrees 49 n. 30 seconds West • distance of 174.52 feet; thence South 26 degrees 25 minutes 29 seconds East • distance of 143.15 feet, more or less to the northerly line of said Trunk Highway No. $ said line there terminating. Conteinlng 2.36 Acres uopdtaDsao Le6a1 The Ridge 3rd Addition DEVELOPERS AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Dirlam Development, a sole proprietorship, and Craig R. Morton & Assoc., Inc., a Minnesota corporation, hereinafter jointly 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 Zoning District Change from Rural to R1-13.5 on 3.0 acres and from R1-22 to R1-13.5 on 2.25 acres, and Preliminary Plat of 24.1 acres into twelve (12) single family lots, two outlots, and road right-of-way, all said 24.1 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 #25-87, 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 May 28 and May 29, 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. Developers shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developers covenant and agree to the performance and observance by Developers at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developers agree to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. Prior to issuance of any permit for grading upon the property, Developers agree to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developers must call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developers, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 4. Developers agree to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developers shall place snow fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. Prior to issuance of any grading permit, Developers shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damage6, or destroyed outside of the construction area, Developers agree that prior to issuance of any building permit for the property, Developers shall submit to the Director of Planning, and receive the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Developers further agree that said trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a area inch per area inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree reforestation plan is required, Developers agree that, prior to issuance of any building permit, Developers will submit a bond, or letter of credit, guaranteeing completion of all tree reforestation work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developers agree to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement those improvements listed above in said plans, as approved by the Director of Planning. 5. Prior to issuance of any building permit for the property, Developers shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, s a n i t a r y s e w e r , w a t e r , storm sewer, and erosion control for the prop e r t y . Upon approval by the City Engineer, Develo p e r s a g r e e t o c o n s t r u c t those improvements listed above, in accord a n c e w i t h t h e t e r m s a n d conditions of Exhibit C, attached hereto, a s a p p r o v e d b y t h e C i t y Engineer. 6. Concurrent with street and utility constru c t i o n o n t h e p r o p e r t y , Developers agree to construct an eight-foo t w i d e , f i v e - i n c h t h i c k bituminous trail generally located along t h e e a s t e r n b o r d e r o f Outlot A, specifically as depicted in Exhibit B , a t t a c h e d h e r e t o . 7. Developers agrees to replace a total of 242 c a l i p e r i n c h e s o f t r e e s on the property, in accordance with the requ i r e m e n t s o f t h e C i t y ' s Tree Replacement Policy, attached hereto as E x h i b i t D , a n d m a d e a part hereof. The Ridge 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-179 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 25-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 25-87 was adopted and ordered p u b l i s h e d a t a r e g u l a r meeting of the City Council of the City of Eden Pr a i r i e o n t h e 2 1 s t d a y o f J u l y , 1987; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNC I L O F T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinance ND. 25 - 8 7 , w h i c h i s attached hereto, is approved, and the City Council f i n d s t h a t s a i d text clearly informs the public of the intent and e f f e c t o f s a i d ordinance. B. That said text shall be published once in the Eden Pra i r i e N e w s i n a body type no smaller than brevier or eight-point typ e , a s d e f i n e d i n Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be mad e a v a i l a b l e f o r inspection by any person during regular office hou r s a t t h e o f f i c e of the City Clerk and a copy of the entire text o f t h e O r d i n a n c e shall be posted in the City Hall. 0. That Ordinance No. 25-87 shall be recorded in the o r d i n a n c e b o o k , along with proof of publication required by parag r a p h B h e r e i n , within 20 days after said publication. ADOPTED by the City Council on July 21, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk The Ridge 3rd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NU. 25-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGPL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AN D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located south of Eileen Street, west of Kilmer Lane, north of Highway #5 from the R u r a l a n d R 1 - 2 2 Districts to the R1-13.5 District, subject to the terms and c o n d i t i o n s o f a developer's agreement. Exhibit A, included with this Ordinanc e , g i v e s t h e f u l l legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1987. (A full copy of the text of this Ordinance is available from the City C l e r k . ) Blossom Ridge Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNE S O T A , R E M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AME N D I N G T H E L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE C I T Y C O D E C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PRO V I S I O N S THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MI N N E S O T A , O R D A I N S : Section 1. That the land which is the subject of thi s O r d i n a n c e (hereinafter, the "land") is legally described i n E x h i b i t A a t t a c h e d h e r e t o a n d m a d e a part hereof. Section 2. That action was duly initiated proposing that t h e l a n d b e removed from the R1-22 District and be place d i n t h e R 1 - 1 3 . 5 D i s t r i c t . Section 3. That the proposal is hereby adopted and the l a n d s h a l l b e , and hereby is removed from the R1-22 District a n d s h a l l b e i n c l u d e d h e r e a f t e r i n t h e R1-13.5 District, and the legal descriptions o f l a n d i n e a c h D i s t r i c t r e f e r r e d t o i n City Code, Section 11.03, Subdivision 1, Subpa r a g r a p h B , s h a l l b e , a n d a r e a m e n d e d accordingly. Section 4. City Code Chapter 1, entitled "General Pr o v i s i o n s a n d Definitions Applicable to the Entire City Code I n c l u d i n g P e n a l t y f o r V i o l a t i o n " a n d Section 11.99, entitled 'Violation a Misdem e a n o r " a r e h e r e b y a d o p t e d i n t h e i r entirety, by reference, as though repeated verb a t i m h e r e i n . Section 5. The land shall be subject to the terms and c o n d i t i o n s o f that certain Developer's Agreement dated as o f J u l y 2 1 , 1 9 8 7 , e n t e r e d i n t o b e t w e e n G. William and Patricia Pearson, husband a n d w i f e , a n d H a r o l d a n d V i J o h n s o n , husband and wife, jointly referred to as Dev e l o p e r s , a n d t h e C i t y o f E d e n P r a i r i e , which Agreement is hereby made a part hereof. Section 6. k This Ordinance shall become effective fro m a n d a f t e r i t s passage and publication. FIRST READ at a regular meeting of the Cit y C o u n c i l o f t h e C i t y o f E d e n Prairie on the 2nd day of June, 1987, and fi n a l l y r e a d a n d a d o p t e d a n d o r d e r e d published at a regular meeting of the City Co u n c i l o f s a i d C i t y o n t h e 2 1 s t d a y o f July, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A--Legal Description REZONING FROM R1-22 to R1-13.5 Lot 16, Lying Northerly of a line de s c r i b e d a s r u n n i n g f r o m a p o i n t on the West line of said lot 16, a d i s t a n c e o f 2 6 3 . 8 8 f e e t N o r t h of the Southwest corner of said lot 1 6 , t o a p o i n t o n t h e E a s t l i n e of said lot 16, a distance of 314.38 f e e t N o r t h o f t h e S o u t h e a s t corner of said lot 16, all in Eden P r a i r i e A c r e s , H e n n e p i n C o u n t y , Minnesota. PRELIMINARY PLAT All of Lot 16, Eden Prairie Acres Blossom Ridge DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by G. William Pearson and Patricia H. Pearson, h u s b a n d a n d w i f e , a n d H a r o l d J o h n s o n a n d Vi Johnson, husband and wife, hereinafter ref e r r e d t o a s " D e v e l o p e r s , " a n d t h e C I T Y OF EDEN PRAIRIE, a municipal corporation, he r e i n a f t e r r e f e r r e d t o a s " C i t y : " WITNESSETH: WHEREAS, Developers have applied to City for Z o n i n g D i s t r i c t C h a n g e f r o m R 1 - 22 to R1-13.5 for 1.98 acres for developme n t o f f i v e ( 5 ) s i n g l e f a m i l y l o t s , o n e outlot and road right-of-way, situated in He n n e p i n C o u n t y , S t a t e o f M i n n e s o t a , m o r e fully described in Exhibit A, attached her e t o a n d m a d e a p a r t h e r e o f , a n d s a i d acreage hereinafter referred to as "the prope r t y ; " NOW, THEREFORE, in consideration of the Ci t y a d o p t i n g O r d i n a n c e # 1 5 - 8 7 , Developers covenant and agree to construction u p o n , d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developers shall develop the property in c o n f o r m a n c e w i t h t h e materials revised and dated April 30, 1987, r e v i e w e d a n d a p p r o v e d b y the City Council on June 2, 1987, and attach e d h e r e t o a s E x h i b i t B , subject to such changes and modification s a s p r o v i d e d h e r e i n . Developers shall not develop, construct u p o n , o r m a i n t a i n t h e property in any other respect or manner than p r o v i d e d h e r e i n . 2. Developers covenant and agree to the perfor m a n c e a n d o b s e r v a n c e b y Developers at such times and in such manner a s p r o v i d e d t h e r e i n o f all of the terms, covenants, agreements, and c o n d i t i o n s s e t f o r t h i n Exhibit C, attached hereto and made a part her e o f . 3. Prior to release by the City of the final pla t , D e v e l o p e r s a g r e e t o execute a special assessment agreement for th e p u r p o s e o f s t r e e t a n d utility improvements to the property to be com p l e t e d b y t h e C i t y . 4. Prior to issuance of any grading permit upon t h e p r o p e r t y , Developers agrees to submit to the Director o f P l a n n i n g , a n d o b t a i n the Director's approval of a tree replacem e n t p l a n f o r 1 4 2 c a l i p e r inches of trees which are planned to be re m o v e d f r o m t h e p r o p e r t y due to construction. Developers agree that said tree replacement plan shall be prepared and implemented in accordance with the tree replacement policy of the City, attached hereto as Exhibit D, and made a part hereof. 5. Developers agree to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. Prior to issuance of any permit for grading upon the property, Developers agree to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developers must call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developers, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 6. Developers agree to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developers shall place snow fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. Prior to issuance of any grading permit, Developers shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developers agree that prior to issuance of any building permit for the property, Developers shall submit to the Director of Planning, and receive the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Developers further agree that said trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than three inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a area inch per area inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. If a tree reforestation plan is required, Developers agree that, prior to issuance of any building permit, Developers will submit a bond, or letter of credit, guaranteeing completion of all tree reforestation work as approved by the Director of Planning. The amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all tree replacement work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Developers agree to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 7. Prior to issuance of any building permit upon the property, Developers 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, Developers agree to construct the improvements listed above, in accordance with the terms and conditions of Exhibit C, attached hereto, as approved by the City Engineer. Blossom Ridge Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-182 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 15-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 15-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 21st 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. 15-87, 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. 15-87 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 21, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Blossom Ridge Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-87 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 Blossom Road, east of Bennett Place from the R1-22 District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) Amoco Service Station Crosstown Shady Oak Road CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 31-87 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-Highway 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-Highway District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 13, 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 , entered into between Amoco Oil Company, a Maryland 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 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 21st day of July, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A That part of the Northwest Quarter of the Northwest Quarter of Section 1, Township 116, Runge 22, Hennepin County, Minnesota, described as follows: Commencing at the northwest corner of said Section 1; thence on an assumed bearing of North 87 degrees 01 minute 59 seconds East along the north line of said Northwest Quarter, a distance of 47.27 feet to the point of beginning of the tract cf land to be described; thence continuing North 87 degrees 01 minute 59 seconds East along said north line, a distance of 344.79 feet; thence Southwesterly, a distance of 185.01 feet along a non-tangential curve, concave to the southeast, ha.ing a radius of 449.26 feet, a chord distance of 183.71 feet and a chord bearing of South 50 degrees 52 minutes 28 seconds West; thence South 39 degrees 04 minutes 36 seconds West, tangent to last described curve, a distance of 63.05 feet; thence Southwesterly a distance of 113.48 feet along a tangential curve, concave to the. northwest, having a radius of 246.48 feet; thence North 40 degrees 56 minutes 33 seconds West, a distance of 86.27 feet; thence North 6 degrees 16 minutes 29 seconds West, a distance of 151.60 feet to the point of beginning. , Amoco Service Station Crosstown/Shady Oak Road DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Amoco Oil Company, a Maryland corporation, hereinafter r e f e r r e d t o a s " D e v e l o p e r , " and the CITY OF EDEN PRAIRIE, a municipal corporation, h e r e i n a f t e r r e f e r r e d t o a s "City:" WITNESSETH: WHEREAS, Developer has applied to City for Compre h e n s i v e G u i d e P l a n Amendment from Low Density Residential to Community C o m m e r c i a l , Z o n i n g D i s t r i c t Change from Rural to Commercial Highway, and Preliminary P l a t o f 0 . 9 4 a c r e s i n t o o n e lot for construction of an automobile service station, c a r w a s h , a n d c o n v e n i e n c e store, situated in Hennepin County, State of Minnesot a , m o r e f u l l y d e s c r i b e d i n Exhibit A, attached hereto and made a part hereof, a n d s a i d a c r e a g e h e r e i n a f t e r referred to as "the property;" NOW, THEREFORE, in consideration of the City adopti n g O r d i n a n c e # 3 1 - 8 7 , Developer covenants and agrees to construction upon, d e v e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in conforma n c e w i t h t h e materials revised and dated April 24, 1987, reviewed a n d a p p r o v e d b y the City Council on June 16, 1987, and attached hereto a s E x h i b i t B , subject to such changes and modifications as prov i d e d h e r e i n . Developer shall not develop, construct upon, or m a i n t a i n t h e property in any other respect or manner than provided h e r e i n . 2. Developer covenants and agrees to the performance and o b s e r v a n c e b y Developer at such times and in such manner as provid e d t h e r e i n o f all of the terms, covenants, agreements, and conditions s e t f o r t h i n Exhibit C, attached hereto and made a part hereof. 3. Prior to release by the City of the final plat for t h e p r o p e r t y , Developer agrees to execute a Special Assessment Agree m e n t w i t h t h e City and/or County for the future upgrading of the frontage road to handle potential future traffic generated from the property and adjoining land uses. 4. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. 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. Upon approval by the City Engineer, Developer shall construct those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 6. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of the following: A. A revised site plan indicating the reduction of the driveway widths from 32 ft. to 30 ft. B. An overall signage plan indicating the signage program for the building and the canopy. Said plan shall include, but not be limited to, details of materials to be used, sizes, locations, dimensions, and methods of lighting of the signage, if any. C. An overall lighting plan for the building, canopy, and the property, in general. Lighting standards shall not exceed 20 ft. in height, and shall be constructed as downcast luminars, not allowing glare off the property. Said plan shall include, but not be limited to, details of materials to be used, sizes, locations, and dimensions of all lighting on the property. D. , Samples of proposed exterior building materials for the structure(s) on the property. 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. 7. Prior to issuance of any permit for building upon the property, Developer agrees to obtain necessary entrance permits from the Hennepin County Highway Department for access to the County Road. Amoco Service Station Crosstown Shady Oak Road CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION M). 87-213 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 31-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 31-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 21st 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. 31-87, 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. 31-87 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 21, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Amoco Service Station Crosstown Shady Oak Road CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 31-87 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 at the southeast corner of Shady Oak Road and Crosstown Highway #62 from the Rural District to the C-Highway District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) MEMORANDUM TO: FROM: THROUGH: DATE: RE: Mayor and City Council David Lindahl, Assistant Planner Chris Enger, Director of Planning July 1, 1987 USE OF YEAR XII C.D.B.G. FUNDS Staff is recomnending a transfer of $20,000.00 from the Year XII Housing Rehabilitation budget to the Scattered Site Housing Assistanc e p r o g r a m , b e c a u s e o f insufficient demand for this much money in Housing Rehabilitat i o n a n d t h e s u c c e s s o f the Scattered Site program. The remaining Housing Reh a b i l i t a t i o n b u d g e t o f $15,000.00 will sufficiently serve the program until July, 1 9 8 8 , w h e n a d d i t i o n a l funds from the Year XIV CDBG allocation will be available to th e p r o g r a m . Transferring Year XII Rehab funds to the Scattered Site prog r a m w i l l b e t t e r m a t c h funding with program demand through the end of the year. It w i l l a l s o i n c r e a s e t h e Scattered Site budget to approximately $40,000.00, and w i l l a l l o w t h e C i t y t o participate in the sale of 1 or 2 additional single famil y h o m e s , o r 3 o r 4 townhomes to low income families. Funds not used by the City w i l l b e a u t o m a t i c a l l y placed in the County Discretionary Account. One family has been successfully placed in a single famil y h o m e t h r o u g h t h e Scattered Site program since its inception in January, 1987, a n d a n o t h e r f a m i l y h a s preliminary approval for a mortgage on a second home, and if a p p r o v e d , s h o u l d c l o s e on the home in late August, 1987. Staff has taken several steps in promoting the Housing Rehabil i t a t i o n p r o g r a m C i t y - wide, but still only processes two to three grants per year. S e v e r a l t i m e s a y e a r Staff places program announcements in both the Eden Prairie N e w s a n d S a i l o r N e w s papers, which outline the program requirements and eligibilit y c r i t e r i a . T h e s a m e type of notice is placed on bulletin boards around the entire C i t y , e . g . , s h o p p i n g malls, Community Center, Senior Center, County library, and o t h e r c o m m o n p u b l i c places. There is also a program announcement run on the l o c a l c a b l e c h a n n e l throughout the year. Staff also conducted a windshield survey August 21, 1986, in w h i c h a l l r e s i d e n t i a l subdivisions were checked for dilapidated housing. Program noti c e s a n d a p p l i c a t i o n s were sent to residents whose homes appeared to be in need o f r e p a i r . T w o r e s i d e n t s applied for, and received, grants through the program as a r e s u l t o f t h e C i t y ' s outreach methods. However, funds from the Year XI budget wer e used for these two grants, leaving the Year XII Rehab budget of $25,000.00 unuse d . With the Council's consent, Staff will make a formal request t o H e n n e p i n C o u n t y t o transfer $20,000.00 from the Housing Rehabilitation progra m t o t h e S c a t t e r e d S i t e Housing Assistance program. If the Rehab funds are not expe n d e d t h r o u g h a n o t h e r activity by December 31, 1987, they will be taken from Eden P r a i r i e ' s C O B G p r o g r a m and placed in the County Discretionary Account. ; 7/ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-205 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIAONS FOR PUBLIC IMPROVEMENTS FOR I.C. 52-126 UTILITY IMPROVEMENTS AT WEST 62ND STREET AND SHADY OAK ROAD BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed utility improvements have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements in accordance with City Standards and advertise for bids thereon, with the assistance of Hanson, Thorp, Pellinen and Olson. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improve- ments shall not be approved by the City Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on July 21, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk Bluestem Hills 3rd Addition SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into a s o f t h i s day of , 1987, by and between Brown Land Co m p a n y , owners of the property described in the developer's agreement b e t w e e n B r o w n L a n d Company, a Minnesota partnership, and the City of Eden Prairie, f o r B l u e s t e m H i l l s Addition, dated September 16, 1986, hereinafter "Developer's Ag r e e m e n t , " a n d t h e City of Eden Prairie, a municipal corporation, hereinafter referred t o a s " C i t y ; " WHEREAS, the parties desire to amend said agreement for a portio n o f t h e property referred to in said agreement, that portion of the prope r t y b e i n g l e g a l l y described as Lots 11, 12, 13, and 14, Block 1, BLUESTEM HILLS 1ST A D D I T I O N , H e n n e p i n County, Minnesota; NOW, THEREFORE, it is agreed by and between the parties thereto as fo l l o w s : 1. The Developer's Agreement shall be and hereby is supplemented and a m e n d e d i n the following respects: A. Paragraph 1. shall be amended to read as follows: Owner shall develop the property in conformance with the revise d material dated May 8, 1987, reviewed and approved as amended by the City Council on June 16, 1987, and attached hereto as Exhibit A , subject to such changes and modifications as provided herein. B. Paragraphs 17. - 20. shall added and read as follows: 17. Developer shall provide all necessary utility easements as required by the City Engineer and shall, concurrent with the final plat, request vacation of all unnecessary easements on the property. 18. Developer shall dedicate the area depicted as Outlot A on Exhibit A, attached hereto, free and clear of all liens, mortgages, and encumbrances prior to release by the City of the final plat for the property. 19. Concurrent with submission of the final plat for t h e property, Developer agrees to amend the existing Conser v a n c y Line for Purgatory Creek to reflect the proposed lin e a s depicted in Exhibit A, attached hereto. Developer agre e s t o indicate that Outlot A is located within a drainag e a n d utility easement on the final plat documents. Developer further agrees that, prior to release by Cit y o f the final plat, Developer shall execute a conserv a n c y easement, as depicted in Exhibit C, attached hereto and m a d e a part hereof, in favor of the City over said conserv a n c y area. 20. Based on the amount of trees to be removed from the prop e r t y according to Exhibit A, attached hereto, Developer agree s t o replace 54 caliper inches of trees on the property in accordance with the terms and conditions of the T r e e Replacement Policy of the City, attached hereto as Exh i b i t D, and made a part hereof. 2. Brown Land Company agrees to all of the terms and condi t i o n s a n d a c c e p t s t h e obligations of the 'Owner" under the Developer's Agreement, as amended a n d supplemented herein. Exhibit C SCENIC EASEMENT THIS INDENTURE made this day of by and between and , hereinafter collectively referred to as "Grantor", and the CITY OF EDEN P R A I R I E , a M i n n e s o t a municipal corporation, hereinafter referred to as "City". WHEREAS, are the fee owners and Is the contract purchaser of the real property located in Hennepin County, Minnesota, legally described as: (Insert LEGAL DESCRIPTION here) WHEREAS, is the fee owner of the real property legally described as: (Insert LEGAL DESCRIPTION here) and WHEREAS, Grantors have platted said property into a subdi v i s i o n e n t i t l e d and WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a scenic easement for conservation and preser v a t i o n o f t h e t e r r a i n a n d vegetation, and to prohibit certain acts destructive thereof, o v e r a p o r t i o n o f t h e p l a t legally described as: (Insert LEGAL DESCRIPTION here) NOW, THEREFORE, in consideration of the premises conta i n e d h e r e i n , i t i s agreed by the parties as follows: I. Grantor hereby grants, bargains, sells and conveys to City an d i t s s u c c e s s o r s and assigns an easement in, under, on and over the Easeme n t A r e a ( h e r e i n a f t e r referred to as the "Scenic Easement"), and City hereby acc e p t s t h e S c e n i c E a s e m e n t . 2. The Scenic Easement is gran:ati and accepted subject to the following terms and conditions: A. The Easement Area shall be preserved predominantly in its natural c o n d i t i o n . No trees, shrubs, or other vegetation shall be planted upon the Ease m e n t Area, and no trees, shrubs, or other vegetation shall be removed fr o m t h e Easement Area without the prior written consent of City. B. No building, road, sign, billboard, utility or other man-made structu r e s h a l l be placed in the Easement Area without the prior written consent of City. C. Grantor assumes the obligation of maintaining the Easement Area, su b j e c t t o the provisions hereof. D. No trash, waste or other offensive material, soil or landfill shall be p l a c e d upon or within the Easement Area without the prior written consent o f t h e City. E. No change in the general topography of the Easement Area landscape , including but not limited to excavation, dredging, movement or remov a l o f soil, shall be made without the prior written consent of the City. F. The duration of the Scenic Easement is perpetual. 3. This agreement shall bind and inure to the benefit of the parties, t h e i r successors and assigns. 4. Nothing contained herein shall impair any right of City now held or h e r e - after acquired to construct or maintain public utilities in or on the E a s e m e n t A r e a . (NOTARIZED SIGNATURES OF PROPERTY OWNERS HERO. VAC 87-06 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-207 VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOTS 11 THROUGH 14, BLOCK I BLUESTEM HILLS 1ST ADDITION WHEREAS, the City of Eden Prairie has certain drainage and u t i l i t y e a s e m e n t s described as follows: All drainage and utility easements over Lots 11 through 14 i n c l u s i v e , Block 1, Bluestem Hills 1st Addition, according to the rec o r d e d p l a t thereof, Hennepin County, Minnesota. WHEREAS, a public hearing was held on July 21, 1987 after d u e n o t i c e w a s published and posted as required by law; WHEREAS, it has been determined that the said easements ar e n o t n e c e s s a r y a n d have no interest to the public, therefore, should be vacat e d . NOW, THEREFORE, BE IT RESOLVED by the EdEn Prairie City Cou n c i l a s f o l l o w s : 1. Said drainage and utility easements as above described are h e r e b y 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 21, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk DISTRIBUTIONS BY FUND 5FS13:ig 69084.77 31175.93 751204.31 12188.92 1349389.66 41138.70 50004.29 102240.95 15270.00 ig EREALSTORE-P V M 17 LIQUOR STORE-PRESERVE I PARK ACQUIST & DEVELOP N., UTILITY BOND FUND 39 86 FIRE STATION CONSTRUCT 51 IMPROVEMENT CONST FD 57 ROAD IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND $3016574.45 JULY 21,1987 33.00- loo.00- 64.8o- 7.25- 200.00- 38.85- 435.00- 14.50- 203.00- 12.42- 300.00 39.53 622.0 3600.00 831.75 33.91 123.83 186.55 VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK vcao our CHECK BOB DYKSTRA HOPKINS POSTMASTER HENN CTY-SHERIFFS DEPT MINNESOTA REC & PARK ASSN AT & T INFORMATION SYSTEMS AT & T INFORMATION SYSTEMS AT & T COMMUNICATIONS BROWN ICE CREAM BOB GILBERTSON MINNESOTA ZOO PETTY CASH-HISTORICAL CULTURE NORTHERN STATES POWER CO MINNESOTA GAS CO AMERICAN SCIENTIFIC PRODUCTS BETH DEGLER SARAH GIBBS MATT JACOB AIMEE JOHNSON TIMOTHY JOHNSON TRACY JOHNSON ANDY LEAPALDT MATT LEAPALDT JAMIE MCMAHAN KELLY STEVENS JASON TORASSO JACOB WALTERS J L HARRIS KNOX LUMBER DANIEL KASID PETTY CASH ROBERT HALVERSON UNIVERSITY OF MINNESOTA UNIVERSITY OF MINNESOTA HOPKINS POSTMASTER MENARDS VOID OUT CHECK DAVID KOTTKE EDDIE TOLK VOID OUT CHECK MINNESOTA GAS CO ERIN ANDERSEN NELSON BROWN CATHRYN CAMPBELL MYRA DREXLER ,J5519 CONCERT IN THE PARK-HISTORICAL CULTURE POSTAGE-SENIOR NEWSLETTER APRIL & MAY 87 BOOKING FEE STATE SOFTBALL REGISTRATIONS/FEES PD SERVICE SERVICE SERVICE -SUPPLIES FOR THE 4TH OF JULY CELEBRATION- HISTORICAL CULTURE CONCERT IN THE PARK-HISTORICAL CULTURE TEEN VOLUNTEER PROGRAM/FEES PD 4TH OF JULY CHANGE FUND-HISTORICAL SERVICE SERVICE PLASTIC BOTTLES-POLICE DEPT REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-ROLLERSKATING TRIP REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-T BALL LEAGUE REFUND-BASEBALL LEAGUE REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS CONFERENCE-CITY COUNCIL WATER SLIDES-COMMUNITY CENTER SOFTBALL OFFICIAL/FEES PD EXPENSES-CITY HALL EXPENSES-POLICE DEPT CONFERENCE-ASSESSING DEPT CONFERENCE-ASSESSING DEPT POSTAGE-UTILITY BILLING EXPENSES-COMMUNITY CENTER CONCERT IN THE PARK-HISTORICAL CULTURE CONCERT IN THE PARK-HISTORICAL CULTURE SERVICE REFUND-SWIMMING LESSONS REFUND-GOLF LESSONS REFUND-TENNIS LESSONS REFUND-RACQUETBALL LESSONS 35224 35511 35636 ( 34 'JD088 35767 35784 35872 35888 35933 35934 35935 35936 35937 35938 35939 35940 35941 35942 35943 35944 35945 35946 35947 35948 35949 35950 - -51 _ 32 35953 35954 35955 35956 35957 35958 35959 35960 35961 35962 35963 35964 35965 35966 35967 35968 35969 35970 35971 35972 35973 35974 35975 35976 485.00 19.00 CULTURE 125.00 16564.41 4847.61 66.25 13.00 11.00 6.00 13.00 13.00 13.00 13.00 13.00 11.00 13.00 13.00 13.00 173.33 69.12 435.00 58.53 15.00 250.00 85.00 292.18 21.44 0.00 300.00 385.00 0.00 13.54 11.00 27.00 26.00 12.00 JULY 21,1987 35977 KRISTA HAUGO 35978 MAGHA KATHARI 35979 ANNA NATT "5980 THOMAS OESCHGER )81 KRISTINE OLSON VOID OUT CHECK 35983 NEILL SUTLIFF 35984 AMERICAN FIREWORKS 35985 THE PLAYWRIGHT CENTER 35986 NANCY WELLS 35987 ENTERTAINMENT PLUS CO 35988 ENTERTAINMENT PLUS CO 35989 ASLA OPEN COMMITTEES 35990 VOID OUT CHECK 35991 JOHN PHILIP SOUSA MEMORIAL BAND 35992 SUPPLEES 7 HI ENTER INC 35993 BEER WHOLESALERS INC 35994 COCA COLA BOTTLING CO 35995 DAY DISTRIBUTING CO 35996 EAST SIDE BEVERAGE CO 35997 KIRSCH DISTRIBUTING CO 35998 MARK VII SALES 35999 MINNESOTA BAR SUPPLY INC 36000 PEPSI/7-UP BOTTLING CO 36001 ROYAL CROWN BEVERAGE CO 36002 THORPE DISTRIBUTING CO 36003 TWIN CITY HOME JUICE CO -'104 SPS COMPANIES )5 NORTHWESTERN COSTUME CO 36006 DUANE L JOHNSON 36007 PAUSTIS & SONS CO 36008 EAGLE WINE CO 36009 PRIOR WINE CO 36010 ED PHILLIPS & SONS CO 36011 QUALITY WINE CO 36012 GRIGGS COOPER & CO INC 36013 JOHNSON BROTHERS WHOLESALE LIQUOR 36014 CAPITOL CITY DISTRIBUTING CO 36015 MARK UNGLAUB 36016 NORCO COMPUTER SYSTEMS 36017 BEAVER MOUNTAIN WATER SLIDE 36018 MCDONALDS 36019 MINNESOTA ZOO 36020 UNIVERSITY OF MINNESOTA 36021 BEAVER MOUNTAIN WATER SLIDE 36022 NICHOLAS YOUNGHANS 36023 JANIS OESCHGER 36024 CIRCUS PIZZA 36025 BURR OAK MOTEL 36026 U S P CA 36027 BRIANNE LARSON 36028 KRISTIN KOLOSKI (.,430884 REFUND-SWIMMING LESSONS REFUND-SWIMMING LESSONS REFUND-TENNIS LESSONS REFUND-SWIMMING LESSONS REFUND-PRESCHOOL PLAYGROUND GOLF INSTRUCTOR/FEES PD JULY 4TH FIREWORKS DISPLAY-ROUND LAKE PARK JULY 4TH PLAY PERFORMANCE-ROUND LAKE PARK JULY 4TH CLOWN ACT-ROUND LAKE PARK -JULY 4TH SOUND & LIGHT SHOW-ROUND LAKE PARK -JULY 4TH SOUND & LIGHT SHOW-ROUND LAKE PARK MEMBERSHIP DUES-PARK PLANNING CONCERT IN THE PARK-HISTORICAL CULTURE JULY 87 RENT-LIQUOR STORE BEER MIX BEER BEER BEER BEER MIX MIX MIX BEER MIX SUPPLIES-PUBLIC WORKS BUILDING PAINT-SUMMER PLAYGROUND CARNIVAL FIREMAN CALLS WINE WINE WINE LIQUOR LIQUOR LIQUOR WINE WINE SOFTBALL OFFICIAL/FEES PD -4 HP125 COMPUTERS & 4 DISK DRIVES-FINANCE DEPT AFTERNOON PLAYGROUND SPECIAL EVENT/FEES PD EXPENSES-COMMUNITY CENTER PRESCHOOL PLAYGROUND SPECIAL EVENT/FEES PD CONFERENCE-ASSESSING DEPT AFTERNOON PLAYGROUND SPECIAL EVENT/FEES PD REFUND-SWIMMING LESSONS REFUND-TENNIS LESSONS TEEN VOLUNTEER SPECIAL TRIP/FEES PD CONFERENCE-POLICE DEPT MEMBERSHIP DUES-POLICE DEPT REFUND-SWIMMING LESSONS REFUND-SKATING LESSONS 13.00 13.00 13.00 9.00 17.00 0.00 627.00 5500.00 145.00 200.00 100.00 450.00 30.00 0.00 200.00 4321.26 5900.50 735.43 6778.00 16084.20 565.64 27177.68 34.70 446.60 304.20 18286.93 27.36 12.42 14.95 660.00 262.24 1744.20 681.33 8741.20 6685.95 8835.32 13140.68 1485.53 14.50 2390.00 750.00 18.02 9.00 560.00 60.00 11.00 17.00 60.00 136.00 16.00 11.00 13.00 JULY 21,1987 REFUND-PRESCHOOL PLAYGROUND REFUND-GOLF LESSONS REFUND-SWIMMING LESSONS SOFTBALL OFFICIAL/FEES PD PAYROLL 6-26-87 PAYROLL 6-26-87 PAYROLL 6-26-87 PAYROLL 6-26-87 PAYROLL 6-26-87 PAYROLL 6-26-87 PAYROLL 6-26-87 PAYROLL 6-26-87 PAYROLL 6-26-87 PAYROLL 6-26-87 JUNE & JULY HEALTH INSURANCE JUNE & JULY HEALTH INSURANCE WINE WINE LIQUOR LIQUOR WINE LIQUOR SERVICE 1987 SEAL COATING SERVICE-WELL HOUSES SERVICE-TECHNOLOGY DRIVE SERVICE-BLUFFS EAST 4TH ADDITION SERVICE-ANDERSON LAKES PARKWAY SERVICE-WATER WELL CONSTRUCTION SERVICE-HIDDEN GLEN 3RD ADDITION SERVICE-DELL ROAD SERVICE-RIVERVIEW ROAD SERVICE-WELL COLLECTOR LINES SERVICE-HOMEWARD HILLS ROAD SERVICE-COUNTY RD 4 TO MITCHELL RD SERVICE-WATER TREATMENT PLANT ADDITION OFFICE SUPPLIES SUPPLIES-ENGINEERING DEPT DOOR REPAIRS-COMMUNITY CENTER BATTERIES-POLICE DEPT LIGHT BULBS-PUBLIC WORKS BUILDING TOWELS-LIQUOR STORE SIGNS-STREET DEPT & PARKS DEPT PLANTS & FLOWERS-PARK MAINTENANCE -3RD QTR SECURITY SYSTEM-SENIOR CENTER/ LOCKS & KEYS-COMMUNITY CENTER CONCESSION STAND SUPPLIES-COMMUNITY CENTER BLACKTOP-STREET MAINTENANCE ARCHERY SUPPLIES-COMMUNITY CENTER EXPENSES-CITY HALL -FUEL LINE HOSE/TUBING/BEARINGS/STARTING -FLUID/SPARK PLUGS/BATTERIES-EQUIPMENT MAINTENANCE TIRES-EQUIPMENT MAINTENANCE THEATRE IN THE PARKS-HISTORICAL CULTURE 17.00 22.00 11.00 33.00 45311.45 11760.25 4176.00 850.00 21705.35 161.88 800.00 699.13 200.00 191.00 17082.70 30917.11 857.54 471.96 1921.04 1936.73 5525.88 3882.17 208.64 120249.54 26382.45 39985.50 194763.24 6500.00 108741.75 80041.15 66685.20 44152.38 165407.43 71446.24 361842.27 370725.75 1076.50 13.75 65.99 75.96 319.27 9.05 3515.65 100.29 174.15 84.00 715.76 53.78 82.50 481.39 683.00 85.00 36029 NATALIE ESPINOSA 36030 PATTY FUHRMANN 36031 KATE OSTLUND -'132 WILLIAM WARNER ,33 FEDERAL RESERVE BANK 36034 COMMISSIONER OF REVENUE 36035 GREAT WEST LIFE ASSURANCE CO 36036 ICMA RETIREMENT CORP 36037 PERA 36038 UNITED WAY OF MINNEAPOLIS 36039 NORWEST BANK HOPKINS 36040 CITY-COUNTY CREDIT UNION 36041 SUBURBAN NATIONAL BANK 36042 MN DEPT OF JOBS & TRAINING 36043 MEDCENTERS HEALTH PLAN INC 36044 PHYSICIANS HEALTH PLAN 36045 EAGLE WINE CO 36046 PRIOR WINE CO 36047 GRIGGS COOPER & CO INC 36048 QUALITY WINE CO 36049 ED PHILLIPS & SONS CO 36050 JOHNSON BROTHERS WHOLESALE LIQUOR 36051 NORTHWESTERN BELL TELEPHONE CO 36052 ALLIED BLACKTOP CO 36053 BARBAROSSA AND SONS INC 36054 ENEBAK CONSTRUCTION 36055 KENKO INC 36056 RICHARD KNUTSON INC 36057 LAYNE WESTERN CO INC 58 NODLAND CONSTRUCTION CO _ £9 NODLAND CONSTRUCTION CO 36060 JP NOREX INC 36061 JP NOREX INC 36062 RICE LAKE CONTRACTING 36063 SHAFER CONTRACTING INC 36064 SHAW LUNDQUIST ASSOC INC 36065 ACRO-MINNESOTA INC 36066 ACT ELECTRONICS INC 36067 AIRLIFT DOORS INC 36068 ALEXANDER BATTERY NORTH 36069 AMERI STAR LIGHTING 36070 AMERICAN LINEN SUPPLY CO 36071 EARL F ANDERSEN & ASSOC INC 36072 ANDERSON GARDEN SHOPPE 36073 ARMOR SECURITY INC 36074 ASPLUND COFFEE CO INC 36075 ASSOCIATED ASPHALT INC 36076 B & B SUPPLY CO 36077 BACHMANS 36078 BATTERY & TIRE WAREHOUSE INC 36079 BAUER BILT INC ,7,4 180 STEVIE BECK Id1320077 JULY 21,1987 36082 BRIAN BENIEK 36081 BRIAN BENIEK SERVICE SOFTBALL OFFICIAL/FEES PD ii.i 36083 BRUCE BENNER MILEAGE '4 084 BENTEC ENGINEERING CORP -5 EMERGENCY TELEPHONE ALARM SYSTEMS FOR 10986.11 SEWER LIFTSTATIONS ,v085 BERRY COFFEE COMPANY SERVICE 36086 BORCHERT-INGERSOLL INC VALVE-EQUIPMENT MAINTENANCE 25.37 36087 BRAUN ENG TESTING INC -SERVICE-CHESTNUT DRIVE/TECHNOLOGY DRIVE/ 3215.70 RIVERVIEW ROAD/NEW FIRE STATION 36088 JOHN BRILL SOFTBALL OFFICIAL/FEES PD 36089 BRYAN ROCK PRODUCTS INC BLACKTOP-STREET MAINTENANCE 36090 TIM BUSHNELL HOCKEY OFFICIAL/FEES PD 36091 GEO BUTLER REFUND-BUILDING PERMIT 36092 CARLSCN REFRIGERATION CO INC REFRIGERATOR DOOR REPAIRS-LIQUOR STORE 36093 CADY COMMUNITCATIONS SERVICE 36094 CHAPIN PUBLISHING CO LEGAL ADS 36095 CHASKA RECREATION DEPT GOLF LESSONS/FEES PD 36096 JAMES CLARK MEETING EXPENSES-POLICE DEPT 36097 CLEVELAND COTTON PRODUCTS -PAPER TOWELS-EQUIPMENT MAINTENANCE & WATER DEPT 36098 CLUTCH & TRANSMISSION SER INC TOOL KIT-EQUIPMENT MAINTENANCE 36099 COMEDIA THEATRE THEATRE IN THE PARKS-HISTORICAL CULTURE 36100 COMMUNICATIONS CENTER RADIO REPAIRS-ENGINEERING DEPT 36101 COMPAS THEATRE IN THE PARKS-HISTORICAL CULTURE 36102 KATIE CRAWFORD RACQUETBALL INSTRUCTOR/FEES PD 36103 CROWN/AUTO INC -REPLACEMENT SPEAKERS/PARTS-EQUIPMENT MAINTENANCE & POLICE DEPT 36104 CROWN RUBBER STAMP CO STAMP-COMMUNITY CENTER 36105 CUSTOM FIRE APPARATUS INC -CLEANED & REINSTALLED RELIEF VALVE/ 1569.00 -TRANSFER VALVE/UPDATE KIT/SPAN FLOW -METER/TEMPORARY TANK REPAIRS AS NEW TANK IS BEING INSTALLED-FIRE DEPT 36106 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 1639.52 36107 WARD F DAHLBERG JUNE 87 EXPENSES 80.00 36108 DALCO -CLEANING SUPPLIES-COMMUNITY CENTER & 246.66 PUBLIC SAFETY BUILDING 36109 LINDA DALY SOFTBALL OFFICIAL/FEES PD 29.00 36110 D B SERVICE & EQUIPMENT EQUIPMENT REPAIRS-PUBLIC WORKS BUILDING 36111 DEM CON LANDFILL INC JUNE 87 DISPOSAL CHARGES ill ..gg 36112 EUGENE DIETZ JUNE 87 EXPENSES 172.00 36113 DIXIE PETRO-CHEM INC t CHLORINE-WATER DEPT 820.00 36114 DORHOLT INC PRINTING-WATER DEPT & BUILDING DEPT 1108.00 36115 DUSTCOATING INC OIL FOR DUST CONTROL-STREET DEPT 9108.00 36116 EAGLE SNACKS INC SUPPLIES-LIQUOR STORE 28.56 36117 EDEN PRAIRIE CHAMBER OF COMMERCE MEETING EXPENSES-CITY HALL 12.00 36118 EDEN PRAIRIE FIRE DEPT BOOK-FIRE DEPT 35.00 36119 E P PHOTO FILM PROCESSING-POLICE DEPT 5.88 36120 E P ROBINS DELI UPENSES-HUMAN RESOURCES DEPT 23.55 36121 EDEN PRAIRIE TRASHTRONICS JUNE 87 TRASH DISPOSAL 365.00 36122 ELVIN SAFETY SUPPLY INC -SAFETY PANTS/JACKETS/GLOVES/BOOTS/ 425.66 GOGGLES-WATER DEPT & PARKS DEPT 36123 EPIC USA SERVICE-TELEPHONE SYSTEM 36124 A F ERICKSON INC TRAFFIC SIGNAL MAINTENANCE-STREET DEPT 36125 RICHARD ERICKSON CONCERT IN THE PARK-HISTORICAL CULTURE 36 1 26 DON EVE & SONS HAY BALES-PARK MAINTENANCE 525.00 159.50 543.11 20.00 30.00 76.60 22.50 694.20 213.75 30.51 440.32 86.90 145.00 46.00 125.00 42.00 45.92 23.45 550.00 2953.50 350.00 14.84 23086 MILEAGE 65.30 BASKETBALL GOAL-PARK MAINTENANCE 73.50 REFUND-BUILDING PERMIT 49.10 REFUND-OVERPAYMENT ON UTILITY BILL 8.02 SUPPLIES-LIQUOR STORE 614.07 SUPPLIES-AFTERNOON PLAYGROUND 59.29 -TOWELS/COVERALLS-PARKS DEPT/WATER DEPT/ 393.69 LIQUOR STORE RADIO REPAIRS-WATER DEPT 42.04 SOFTBALL OFFICIAL/FEES PD 116.00 12 TIRES-EQUIPMENT MAINTENANCE 645.24 GOLF INSTRUCTOR/FEES PD 120.00 -SERVICE-BLUFFS EAST 4TH ADDITION/ 37205.06 -SUNNYBROOK RD/INTL SCHOOLS WATERMAIN/ -NEMEC KNOLLS/HOMEWARD HILLS RD/EDEN LAKE PARK POSTAGE-VOTER REGISTRATION VERIFICATIONS 27.72 -SERVICE-ROBERTS DRIVE & HIGHWAY 62/ 534874.82 TRAFFIC SIGNAL MAINTENANCE SERVICE-PLANNING DEPT 809.00 SERVICE-PURGATORY RECREATION AREA 6050.45 SOFTBALL FIELD MARKING-PARKS DEPT 353.00 HOCKEY OFFICIAL/FEES PD 220.50 TRUCK CYLINDER REPAIRS-PARKS DEPT 70.11 MAINTENANCE AGREEMENT-COMMUNITY CENTER 129.00 AUGUST 87 RENTAL AGREEMENT 424.32 PUMP REPAIRS-WATER DEPT 186.75 -ROOM RENTAL-KIDS KORNER/TRANSPORTATION- 1880.51 -AFTERNOON PLAYGROUND & ADULT PROGRAMS/ -JUNE 87 CUSTODIAL SERVICE-PUBLIC WORKS BUILDING & WATER TREATMENT PLANT COPIER MAINTENANCE AGREEMENT 48.69 REFUND-OVERPAYMENT ON UTILITY BILL 31.43 FREIGHT CHARGES-WATER DEPT 297.80 -FILM PROCESSING-ASSESSING DEPT/POLICE 54.57 DEPT & FIRE DEPT OFFICE SUPPLIES-WATER DEPT 54.42 SOFTBALL OFFICIAL/FEES PD 29.00 RERCISE INSTRUCTOR/FEES PD 156.00 SKATING INSTRUCTOR/FEES PD 215.40 SERVICE 48.00 MEETING EXPENSES-CITY MANAGER 113.51 PLYWOOD-PARKS DEPT 226.36 PLYWOOD-PARKS DEPT 126.36 -NUTS/BOLTS/NOZZLES/WASHERS-PARKS DEPT/ 44.69 POLICE DEPT/STREET DEPT & SEWER DEPT SOFTBALL OFFICIAL/FEES PD 319.00 LIABILITY INSURANCE-COMMUNITY CENTER 6629.00 SOFTBALL OFFICIAL/FEES PD 400.00 NORMANS COMPENSATION INSURANCE 32827.25 LIABILITY INSURANCE-CITY HALL 115001.00 COVERALLS-EQUIPMENT MAINTENANCE 31.50 RUG SERVICE-OLD CITY HALL 36.60 MAY 87 LEGAL SERVICE 191.75 JUNE 87 LEGAL SERVICE 2713.86 JULY 21,1987 36127 JOHN FERM 36128 FINLEY BROS ENTERPRISES 36129 FLARE HEATING '4 130 BILL FOUNTOS 31 FOUR STAR BAR & RESTAURANT SUPPLY 3o 132 LYNDELL FREY 36133 G & K SERVICES 36134 GENERAL COMMUNICATIONS INC 36135 MARK GOOD 36136 GOODYEAR TRUCK TIRE CENTERS 36137 JIM HALE 36138 HANSEN THORP PELLINEN OLSON INC 36139 HENN cry DEPT OF PROPERTY TAX 36140 HENNEPIN COUNTY TREASURER 36141 HENNEPIN COUNTY TREASURER 36142 EUGENE HICKOK & ASSOCIATES 36143 HOFFERS INC 36144 MICHAEL J. HOSTETLER 36145 HYDRAULIC SERVICES INC 36146 IBM 36147 IBM 36148 IDEAL ELECTRIC COMPANY 36149 INDEPENDENT SCHOOL DIST #272 36150 INTL OFFICE SYSTEMS INC 36151 J & K HOLDING 36152 HYMAN FREIGHTWAYS INC 36153 JET PHOTO LABS 36154 JM OFFICE PRODUCTS INC 36155 DAVE JOHN 36156 KAY JOHNSON 36157 LORI JOHNSON 36158 SPENCER JOHNSON 36159 CARL JULLIE 36160 JUSTUS LUMBER CO 36161 JUSTUS LUMBER CO 36162 KRAEMERS HOME CENTER 36163 GREG KORTUEM 36164 LANE INSURANCE INC 36165 BOB LANZI 36166 LEAGUE OF MN CITIES INS TRUST 36167 LMTIC 36168 LEEF BROS INC 36169 LEEF BROS INC 36170 LEFEVERE LEFLER KENNEDY ;16171 L LEHMAN & ASSOCIATES INC .401368 JULY 21,1987 REPLACED LAMP-PARK MAINTENANCE 70.00 JUNE 87 SERVICE 400.00 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 76.00 BELTS/ROD-PARK MAINTENANCE 41.03 JUNE 87 DISPOSAL CHARGES 390.00 SOCKET SETS/WRENCHES-EQUIPMENT MAINTENANCE 63.65 CEMENT-DRAINAGE CONTROL 75.00 -ELGIN SWEEPER BROOMS/NUTS/SEALS/SCREWS/ 1272.66 -BUSHINGS/BEARINGS/SHAFT-EQUIPMENT MAINTENANCE JUNE 87 CONSULTING SERVICE 200.00 COUPLINGS/GREASE GUN-EQUIPMENT MAINTENANCE 29.35 HOCKEY OFFICIAL/FEES PD 42.00 HELIUM CYLINDER-FIRE DEPT 8.50 -TAPE/KEY RINGS/PAINT/BOLTS/WASHERS-PARKS 16.42 DEPT & COMMUNITY CENTER JULY 87 PAGER RENTAL-SEWER DEPT 10.50 SENIOR CENTER OUTING/FEES PD 550.00 AUGUST 87 SEWER SERVICE 89800.90 -CONCESSION STAND SUPPLIES-COMMUNITY 540.79 CENTER & ROUND LAKE PARK BLACKTOP-STREET MAINTENANCE 4625.08 -36 FRAMES REPAIRED/REPLACE GLASS & BRASS 540.00 NAME PLATES-HISTORICAL CULTURE MEMBERSHIP DUES-COMMUNITY CENTER 75.00 AD-COMMUNITY CENTER 35.00 ANNUAL MEMBERSHIP DUES-LIQUOR STORE 300.00 1987 MEMBERSHIP DUES-HUMAN RESOURCES DEPT 85.00 ADS-LIQUOR STORE 30.30 AD-COMMUNITY CENTER 47.40 JUNE 87 SERVICE 37.75 SERVICE 100.00 PUMP & MOTOR REPAIRS-COMMUNITY CENTER 60.00 ZAMBONI TIRE REPAIR-COMMUNITY CENTER 10.59 SUPPLIES-LIQUOR STORE 237.79 REFUND-OVERPAYMENT ON UTILITY BILL 22.51 -BOAT OARS/CANOE PADDLES/OAR LOCKS- 54.50 ROUND LAKE PARK MINI BLINDS-CITY HALL 52.31 SHIRTS-COMMUNITY CENTER 671.51 -EMPLOYMENT ADS-COMMUNITY CENTER & 226.63 ENGINEERING DEPT MAGNETIC MARKERBOARD -PARKS DEPT 275.00 SERVICE-WATERMAIN REPAIR AT BAKER ROAD 2460.25 REFUND-OVERPAYMENT ON UTILITY BILL 24.32 REFUND-PARK RESERVATION 25.00 SOFTBALL OFFICIAL/FEES PD 116.00 CEMENT-PARKS DEPT & STREET DEPT 34.10 TYPEWRITER REPAIRS-SENIOR CENTER 60.00 -DIABLO COMPUTER PRINTER $598.00/PRINT 627.50 WHEELS-ADMINISTRATION DEPT ALLOY CHAIN-EQUIPMENT MAINTENANCE 107.34 LAB SUPPLIES-WATER DEPT 59.87 SOFTBALL OFFICIAL/FEES PD 449.50 SOFTBALL OFFICIAL/FEES PD 14.50 36172 LIGHTING SPECIALTIES INC 36173 LINDQUIST & VENNUM 36174 LOCKHART SUPPLIES INC 1-'175 LONG LAKE FORD TRACTOR .76 LOUISVILLE LANDFILL INC 36177 M & I INDUSTRIAL SUPPLY INC 36178 MCFARLANES INC 36179 MACQUEEN EQUIPMENT INC 36180 MARTIN MCALLISTER CONSULTING 36181 MIKE MARUSHIN 36182 TIM MCGOVERN 36183 MEDICAL OXYGEN & EQUIP CO 36184 MERLINS HARDWARE HANK 36185 METRO FONE COMM INC 36186 METROPOLITAN SENIOR FEDERATION 36187 METRO WASTE CONTROL COMMISSION 36188 MIDLAND PRODUCTS CO 36189 MIDWEST ASPHALT CORP 36190 MN FRAMES & PRINTS INC 36191 MN ICE ARENA MANAGERS ASSN 36192 MN LITTLE GOPHER BASEBALL CLUB 36193 MINNESOTA MUNICIPAL LIQUOR STORES 36194 MN PELRA 36195 MINNESOTA SUBURBAN NEWSPAPERS INC ( 96 .97 MINNESOTA SUBURBAN NEWSPAPERS INC MINNESOTA VALLEY ELECTRIC CO-OP 36198 MINNETONKA COMMUNITY SERVICES 36199 MODERN ELECTRIC 36200 MODERN TIRE CO 36201 SHARON MORGANS NOVELTIES 36202 M MUELLER MB HAGEN 36203 MUR CON & ASSOCS 36204 NATL OFFICE INTERIORS 36205 NAIL SCREENPRINT 36206 NATIONWIDE ADVERTISING SERVICE IN 36207 W E NEAL SLATE CO 36208 JP NOR EX INC 36209 NORWEST ama 36210 LARRY 0 CONNELL 36211 BILL 0 ROURKE 36212 OCHS BRICK & TILE CO 36213 OFFICE PRODUCTS OF MN INC 36214 OFFICE PRODUCTS OF MN INC 36215 OLSEN CHAIN & CABLE CO INC 36216 ORION RESEARCH INC 36217 HARRY ORTLOFF 4 ',18 TERRY OSLAND 0505155 JULY 21,1987 PACE LABORATORIES APRIL 87 WATER ANALYSIS 4765.00 PENNSYLVANIA OIL CO OIL-STREET MAINTENANCE 151.00 VOID OUT CHECK 0.00 PEPSI/7-UP BOTTLING CO CONCESSION STAND SUPPLIES-ROUND LAKE PARK 151.00 PEPSI/7-UP BOTTLING CO CONCESSION STAND SUPPLIES-COMMUNITY CENTER 280.00 CONNIE L PETERS MILEAGE 17.75 HARRY PICHA FLOWERS-PARK MAINTENANCE 84.00 PATRICIA PIDCOCK MEETING EXPENSES-CITY COUNCIL 17.00 PITNEY BOWES TONER-COMMUNITY CENTER 65.98 PITNEY BOWES -MAINTENANCE AGREEMENT & TONER-COMMUNITY 921.55 CENTER 36229 PLEHAL ELACKTOPPING SERVICE-ROUND LAKE PARK 34679.00 36230 POMMER MFG CO INC SOFTBALL TROPHIES-COMMUNITY CENTER 58.50 36231 PRAIRIE ELECTRIC COMPANY INC -REWIRED SWITCH ON OUTDOOR LIGHT POLE- 39.95 PARK MAINTENANCE 36232 PRAIRIE HARDWARE LIGHT BULBS/KEYS-FIRE DEPT 7.64 36233 PRAIRIE HARDWARE -DOOR STOPS/VELCRO/SPRAY PAINT/THERMOS- 20.37 CITY HALL 36234 PRAIRIE HARDWARE -WASTE BASKETS/BROOM/SHOVEL/BATTERIES/ 201.53 -PAINT BRUSH/PAINT/COOLERS/SAW BLADES/ -RUSTOLEUM/KEYS/CEMENT PATCH/HOSE/WOOD -GLUE/NAILS/SUPER GLUE/WASHERS-COMMUNITY CENTER 36235 PRAIRIE HARDWARE -ROPE/HOOKS/ENGINE CLEANER/CHAIN/TWINE/ 252.84 -SCREWS/CLAMPS/KEYS/DUCT TAPE/GATE LATCH/ -BOLTS/SAW BLADES/GARBAGE BAGS/BRUSHES/ -DRILL BITS/TRAILER HITCH/NUTS/WASHERS/ -HOSE/HOSE FITTINGS/COPPER FITTINGS/PIPE/ PAINT/UTILITY KNIFE-PARKS DEPT --'36 PRAIRIE HARDWARE -BATTERIES/TAPE/KEYS/KEY RINGS/FUSES/ 109.09 SEALS-PUBLIC SAFETY 36237 PRAIRIE HARDWARE -BOLTS/PADLOCKS/RUBBER GLOVES/BRUSHES/ 74.73 KEYS-SEWER DEPT 36238 PRAIRIE HARDWARE -PAINT ROLLERS/PAINT PANS/STAPLES/KEYS/ 83.65 -PAPER TOWELS/HAMMER/SCREWS/VALVES/ CONNECTORS-STREET DEPT 36239 PRAIRIE HARDWARE -PAILS/SPONGES/CARPET BRUSH/KEYS/KEY RING/ 44.05 -STEP LADDER/BATTERIES/HOSE CLAMPS-WATER DEPT 36240 CLIFF PRATY SOFTBALL OFFICIAL/FEES PD 116.00 36241 PRESERVE INSURANCE AGENCY% LIABILITY INSURANCE-LIQUOR STORE 16915.00 36242 PRINT SHACK -PRINTING-COMMUNITY CENTER & HISTORICAL 161.65 CULTURE 36243 PRIOR LAKE AGGRETATE INC SAND-STREET MAINTENANCE 20.04 36244 RETAIL DATA SYSTEMS OF MINNESOTA CASH REGISTER TAPE-LIQUOR STORE 121.17 36245 RIE(E-CARROLL-MULLER ASSOC INC -SERVICE-TECHNCLOGY DR/VALLEY VIEW RD 35135.77 EXTENSION AT GOLDEN TRIANGLE DR -ALTERNATOR/STARTERS/BRAKE REPAIRS- 253.64 EQUIPMENT MAINTENANCE 36247 RYANS RUBBER STAMPS RUBBER STAMPS-PLANNING DEPT 30.00 36243 ST PAUL BOOK & STATIONERY CO PRESCHOOL & AFTERNOON PLAYGROUND SUPPLIES 706.78 36249 SALLY DISTRIBUTORS INC -SUPPLIES FOR THE 4TH OF JULY CELEBRATION- 401.87 COMMUNITY CENTER 36250 SATELLITE INDUSTRIES INC PORTABLE RESTROOMS-PARKS DEPT 842.50 36251 SAVOIE SUPPLY CO INC SUPPLIES-PARK MAINTENANCE 174.70 36219 36220 36221 '4 222 , 23 .w224 36225 36226 36227 36228 36246 ROGERS SERVICE CO -)0375 JULY 21,1987 36252 SCHMIDT READY MIX INC 36253 SEARS ROEBUCK & CO 54 SETTER LEACH & LINDSTROM INC 36255 SHAKOPEE FORD INC 36256 SHERWIN WILLIAMS CO 36257 W GORDON SMITH CO 36258 SOUTHWEST AUTO SUPPLY INC 36259 SOUTHWEST SUBURBAN PUBLISH INC 36260 SOUTHWEST SUBURBAN PUBLISH INC 36261 STANDARD SPRING CO 36262 THE STORYTALERS 36263 BARB STRUWE SULLIVANS SERVICES INC i5 SUNDERLAND DISPENSING SERVICES 36266 VICKI SYSLO 36267 VICKI SYSLO 36268 TENNESSEE CHEMICAL CO 36269 TRIARCO ARTS & CRAFTS 36270 TROPICAL SNO OF MN 36271 CHRYSANNE TURNER 36272 TWIN CITY OXYGEN CO 36273 TWIN CITY PRICING & LABEL INC 36274 TWIN CITY TESTING 36275 UNITED LABORATORIES INC 1 36276 VALLEY INDUSTRIAL PROPANE INC 36277 VIKING LABORATORIES INC 36278 KARI WAHL 36279 KEITH WALL 36280 WATER PRODUCTS Co 36281 WELSH COMPANIES 36282 RAY WELTER HEATING 36283 WESCO 36284 WESTBURNE SUPPLY INC 36285 WESTERN WATER MNGMT INC 36286 WHEELER HARDWARE CO J2633 BLACKTOP-DRAINAGE CONTROL -3 CALCULATORS-FINANCE DEPT/ASSESSING -DEPT & FORESTRY DEPT/TORCH WRENCH- COMMUNITY CENTER -MAY 87 SERVICE-COMMUNITY CENTER & NEW FIRE STATION -BRAKE CABLE/THERMOSTAT/GASKET/POWER DOOR -LOCK REPAIRS/CATALYTIC CONVERTER REPAIRS- EQUIPMENT MAINTENANCE STAIN/STAIN THINNER-PARKS DEPT -FLOOR DRI/DIESEL $4226.40/FUEL $2757.92/ -PROPANE GAS/FUEL PUMP/SPARK PLUGS/CORES/ -COUPLINGS/HUB & ROTOR-EQUIPMENT MAINTENANCE -FILTERS/TRANSMISSION KIT/BRAKE PADS/BRAKE -SHOES/CORES/MIRRORS/THERMOSTAT/ROTOR -BRAKE/FREON VALVES/SHOCK ABSORBER/SHOCK -KIT/PROPANE TORCH/BATTERIES/SPARK PLUGS/ -FLOOR MATS/TRANSMISSION COLLER/LIGHT -BULBS/OIL PAN/HYDRAULIC DISCS/BELTS/ -SWITCHES/GASKETS/CEMENT/AIR GAUGE/FUEL -PUMP/WHEEL WEIGHTS/SOCKETS/WATER PUMP/ SEAT BELTS/POWER STEERING PUMP ADS-LIQUOR STORE -EMPLOYMENT ADS-COMMUNITY CENTER & ENGINEERING DEPT REPAIR CAR SEAT-EQUIPMENT MAINTENANCE THEATRE IN THE PARKS-HISTORICAL CULTURE MILEAGE PUMP TANK-SENIOR CENTER REFRIGERATOR REPAIRS-COMMUNITY CENTER EXERCISE INSTRUCTOR/FEES PD AQUA AEROBICS INSTRUCTOR/FEES PD CHEMICALS-WATER DEPT PAINT-COMMUNITY CENTER CONCESSION STAND SUPPLIES-COMMUNITY CENTER REFUND-OVERPAYMENT ON UTILITY BILL OXYGEN-EQUIPMENT MAINTENANCE SUPPLIES-LIQUOR STORE SERVICE-VALLEY VIEW ROAD CLEANING SUPPLIES-STREET MAINTENANCE GAS CYLINDERS-COMMUNITY CENTER CHLORINE-COMMUNITY CENTER MILEAGE MEETING EXPENSES-POLICE DEPT -300 5/8 X 3/4 100 GAL MTR $13676.00/300 -#2 COPPERHORN $3930.00/2 2" 1000 GAL MTR -$836.00/VALVES/GASKETS/BOLTS/PIPES/ COUPLINGS/ADAPTORS BUILDING REPAIRS-CITY HALL REFUND-OVERPAYMENT ON BUILDING PERMIT LIGHT BULBS-COMMUNITY CENTER EQUIPMENT REPAIRS-COMMUNITY CENTER CHEMICALS-WATER DEPT STEEL DOOR-OLD CITY HALL 90 .90 419.96 11479.21 151.69 120.87 - 7316.91 3010.01 223.36 53.35 244.70 185.00 12.00 56.00 46.00 120.00 210.00 4558.96 57.11 157.47 28.72 37.32 112.15 604.00 124.18 156.39 925.90 48.67 20.00 18792.67 1192.00 20.00 173.90 137.55 4865.40 273.98 JULY 21,1987 36287 WILSON TANNER GRAPHICS 36288 DAVE YOOST 36289 YOUNGSTEDTS INC 16290 ZEE MEDICAL SERVICE 91 ZEP MANUFACTURING CO 36292 KAY ZUCCARO 78348 BUSINESS CARDS-CITY HALL SOFTBALL OFFICIAL/FEES PD WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 1ST AID SUPPLIES-CITY HALL -CHOKE & CARBURATOR CLEANER/BRAKE PARTS -CLEANER/GARAGE PUSHBROOM-EQUIPMENT MAINTENANCE AQUA AEROBICS INSTRUCTOR/FEES PD 82.00 14.50 111.75 13.15 367.08 195.00 $301,574.45 MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Planning Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services 'At - June 30, 1987 Feasibility Report Purgatory Creek Recreation Area In 1983 the City Council hired Theodore Wirth Associates, Inc. and Saunders-Thalden and Associates, Inc. to complete a concept plan and master plan for the Purgatory Creek Recreation Area. This plan completed in July of 1984 was reviewed by all existing property owners and approved by the City Council and the Watershed District later that year. In late 1984, the City Council entered into an agreement with the Riley/Purgatory/Bluff Creek Watershed District to jointly pay for a report to determine the various flood elevations of the Purgatory Creek floodplain in the vicinity of the Purgatory Creek Recreation Area, and to investigate the water quality of Staring Lake and related water courses to determine if the Purgatory Creek Recreation Area plan could have a positive impact on the water quality of Staring Lake. That study was completed in 1985 and provided information necessary to proceed with the next detailed study - The Hydrological/Geological Study completed by Hickok and Associates. In the spring of 1986, the City Council hired Hickok and Associates to complete a geological/hydrological anaylsis and feasibility study of the Purgatory Creek Recreation Area. This study was not only to study the soils and the water elevations, flood storage and water quality impact of this project, but was to determine the feasibility of the park plan relative to construction and maintenance costs. This study was completed in May of 1987 and distributed to all property owners in June. On June 30, 1987, City staff met with property owners affected by the Purgatory Creek Recreation Area proposal to review the study and to reconfirm the basis on which this project can proceed. A copy of the feasibility report is attached; however, staff would point out several manjor findings of this study: 1. The golf course, originally proposed on the westerly portion of the site, is now considered to be unfeasible due to the limited amount of filling that would be possible within the floodplain and the number of times per year the golf course would be flooded. 2. The entry plaza has been relocated north of the original location due to the construction of the Flagship Athletic Club. The entry plaza is approximately 2 acres in size and depends on parking from adjacent property owners. City Commissions and City Council may decide to require additional parkland to accommodate daily park users. 3. The pond system location has been revised to accommodate boating and canoeing in the northern portion of the site and a preservation area in the southern portion of the site. The revised pond design also addresses water quality, fisheries, wildlife, vegetation and aesthetic concerns. It is anticipated that the / sedimentation basins and other open water areas will h a v e a b e n e f i c i a l a f f e c t o n the water quality down stream and may qualify this pro j e c t f o r S t a t e o r F e d e r a l funding. 4. It was determined that the existing ditch profile ha s a h i g h p o i n t l o c a t e d n e a r the south end of the site. This high point has created a n u n o f f i c i a l r i s e i n t h e ground water elevation. The report recommends cleaning t h e d i t c h o u t t o i t s original elevation and thereby lowering the ground wat e r t a b l e . T h i s w o u l d i n effect dry out this floodplain area and allow developme n t o f t h e p r o p o s e d p l a n . Staff would recommend the development of the Purgatory C r e e k R e c r e a t i o n o c c u r i n t h e following manner: 1. The first step if for the City to acquire ownership of a l l o f t h e f l o o d p l a i n property. The City must acquire this property free of c h a r g e f r o m a l l o w n e r s prior to beginning any development of this project. 2. The City should acquire a minimum of 2 acres for the mai n e n t r y a n d t h e C o u n c i l may wish to consider acquisition of another acre to 2 ac r e s f o r d a i l y p a r k i n g i f land uses on both sides of the proposed entry are commer c i a l . 3. After the City owns all of the floodplain property, cons t r u c t a t e m p o r a r y o u t l e t control structure in the southern portion of the site to g r a d u a l l y l o w e r t h e surface water elevation and water table elevation when r e m o v i n g t h e h i g h p o i n t o f the existing creek profile. 4. Apply for State and Federal funding to assist in the dre d g i n g p r o j e c t . 5. Repair judicial ditch number three (Purgatory Creek) and c o n s t r u c t a p e r m a n e n t control structure located in the northern portion of the s i t e . T h i s c o n t r o l structure will temporarily divert all flow south through t h e r e p a i r e d d i t c h w h i l e constructing the pond system. 6. Allow surface and ground water elevations to lower for a p e r i o d o f o n e y e a r , o r until monitoring system indicates sufficient lowering ha s o c c u r r e d . 7. Excavate the pond system and sedimentation basins utilizi n g t h e e x c a v a t e d m a t e r i a l for all road construction and surcharging of the trail s y s t e m a n d p a r k i n g a r e a s . 8. Allow surcharging to remain in place for a period of o n e y e a r a n d m o n i t o r settlement; then remove excess surcharge material and c o n s t r u c t t h e r e m a i n i n g trail system and observations points on the ponds. 9. The second phase of construction would include develop m e n t o f t h e recreation/sports area on the west side of the park, as w e l l a s t h e v a r i o u s t r a i l heads. 10. The third phase of the project would be to construct th e e n t r y p l a z a , f o u n t a i n s , etc. Staff has recommended carrying approximately one to one a n d a h a l f m i l l i o n d o l l a r s i n the cash park fund as a reserve for beginning this proje c t w h e n e v e r t h e C i t y a c q u i r e s all of the park property. Hickok and Associates have in d i c a t e d t h a t t h e d e d g i n g a n d flow structures will cost approximately 1.5 million dol l a r s . T h e f i n a n c i n g o f t h e remaining portion of the park would be accomplished with some additional cash pa r k fees, donations, grants, and some referendum funds. , The Community Services Staff requests the Parks, Recreation and Natural Resources Commission, the Planning Commission and the City Council to accept the feasibility study and approve the revised master plan for the Purgatory Creek Recreation Area. Whenever the City Council wishes to proceed with the next step toward pursuing this project, the City should negotiate for the acquisition of two to four acres of property at the major entry and to formally request each of the property owners to dedicate their floodplain to the City of Eden Prairie. BL:md