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HomeMy WebLinkAboutCity Council - 08/04/1987 AGENDA EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 4, 1987 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. 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 21, 1987 Page 2001 III. CONSENT CALENDAR A. Clerk's License List Page 2016 B. Award Contract for grading at Eden Lake School, Willow Park and of and Hills 1park — —— Page 2017 C. Final Plat approval for Thompson Addition (south of Valley Page 2019 Vi-ew oa3; east of County Road 4) Resolution No. 87-214' D. Final Plat apProyal for Edenvale Executive Center Four (south of Page 2022�aTTyView oR-aa , eaFof Executive Drive) eso upon No. 87- 215 E. Final Plat a royal for Ma'estic Oaks (east of W. 168th Avenue, Page 2024 sow Rorth Manoruoa esolu ion No. 87-216 F. Final Plat approval for Mount Curve Addition (south of Mount Page 2026 uC rye oa , east of FranT3 1 ad) Resolution No. 87-217 G. Resolution re uestin MWCC sewer connection permit for The Page 2029 Ridge 3rd A ition es cation o. 87-218) —H. JAY WALLACE ADDITION, by Jay Wallace. 2nd Reading of Ordinance #26-87, Rezoning from Rural to R1-13.5 on 1.23 acres; Approval of Page 2030 Developer's Agreement for Jay Wallace Addition; and Adoption of Resolution #87-180, Authorizing Summary of Ordinance #26-87 and Ordering Publication of Said Summary. 1.43 acres into 2 single family lots and road right-of-way. Location: East of Franlo Road, north of Laurel Drive. (Ordinance #26-87, Rezoning; Resolution #87-180, Authorizing Summary and Publication) i. I City Council Agenda - 2 - Tues.,August 4, 1987 I. MAJESTIC OAKS, by All-Land Corporation. 2nd Reading of Ordinance #33-87, Rezoning from Rural to R1-13.5 on 5 acres; Approval of Page 2D37 Developer's Agreement for Majestic Oaks Addition; and Adoption of Resolution #87-219, Authorizing Summary of Ordinance #33-87 and Ordering Publication of Said Summary. 5 acres into 12 single family lots. Location: East of West 168th Avenue, south of Manor Road. (Ordinance #33-87, Rezoning; Resolution #87-219, Authorizing Summary and Publication) J. TIMBER CREEK NORTH, by Timber Creek North Partnership. 2nd Reading Page 2044 of Ordinance #34-87-PUD-6-87, Planned Unit Development District 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; Approval of Developer's Agreement for Timber Creek North; and Adoption of Resolution #87-220, Authorizing Summary of Ordinance #34-87-PUD-6-87, and Drdering Publication of Said Summary. 89 acres into 11D lots, 3 outlots, and road right-of-way. Location: South of County Road #67, west of Creek View Lane, north of Purgatory Creek. (Ordinance #34-87-PUD-6-87, Rezoning and PUD District; Resolution #87-22D, Authorizing Summary and Publication) K. MOUNT CURVE ADDITION, by Mount Curve Developers. 2nd Reading of Ordinance #35-87, Rezoning from RM-6.5 to R1-13.5 on 2.24 acres; Page 2057 Approval of Developer's Agreement for Mount Curve Addition; and Adoption of Resolution #87-221, Authorizing Summary of Ordinance #35-87, and Ordering Publication of Said Summary. 2.88 acres into 5 single family residential lots. Location: Southwest corner of Franlo Road and Mount Curve Road. (Ordinance #35-87, Rezoning; Resolution #87-221, Authorizing Summary and Publication) L. EDENVALE EXECUTIVE CENTER II, by Equitable Life Assurance Society. Pa a 2064 2nd Reading of Ordinance #36-87-PUD-7-87, Planned Unit Development 9 District Review on 15.5 acres with Zoning District Change from Rural to I-2 on I5.5 acres with variances; Approval of Developer's Agreement for Edenvale Executive Center II; and Adoption pf Resolution #87-222, Authorizing Summary of Ordinance #36-87-PUD-7-87 and Ordering Publication of Said Summary. 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. (Drdinance #36-87-PUD-7-B7, PUD District and Rezoning; Resolution #87-222, Authorizing Summary and Publication) M. Adoption of Joint Powers A9reement with Henne in County for CDBG Funds (Reso�n #87-223, op onT3 T o nt owers Agreemen}� Page 2072 IV. PUBLIC HEARINGS A. WYNDHAM CREST, by Burl Corporation. Request for Zoning District Change from Rural to R1-13.5 on 19.9 acres, Preliminary Plat of Page 2D74 27.9 acres into 25 single family lots, one outlot, and road right- of-way. Location: West of Purgatory Creek, east of Tristram Way. f (Ordinance #37-87, Rezoning; Resolution #87-224, Preliminary Plat) j City Council Agenda - 3 - Tues.,August 4, 1987 B. ESPECIALLY FOR CHILDREN. Request for Planned Unit Oevelopment Pa a 2081 District Review on 50.2 acres with variances, with Site Plan 9 Review within the Neighborhood Commercial Zoning District on 1.29 acres for construction of a daycare facility. Location: South of Townline Road, east of Oell Road. (Ordinance #38-87-PUO-8-87, Rezoning within PUD/Neighborhood Commercial District) C. EDENBROOK, by David Hoel. Request for Zoning District Change Page 2085 from Rural to R1-13.5 on 6.2 acres with variances to be reviewed by the Board of Appeals and Preliminary Plat of 6.2 acres into 13 single family lots, one outlot, and road right-of-way. Location: South of Townline Road, east of Purgatory Creek, west of Woodlawn Heights Addition. (Ordinance #39-87, Rezoning; Resolution #87-226, Preliminary Plat) D. REFUNOING OF PRESERVE PLACE MULTI-FAMILY HOUSING BONOS IN THE Page 2093 AMOUNT Oh $7,$50,000 (ResoTution No. 87-2 8j V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS A. Refunding of Quail Ridge Multi-Family Housing 8onds in the amount 6�760 esolution No. 87-227) —— Page 2107 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Naegele Outdoor Advertising Company request for billboards Page 2113 VIII. REPORTS OF ADVISORY COMMISSIONS A. Request from Bicentennial Constitution Committee of the U.S. ——— Page 2122 IX. APPOINTMENTS X. REPORTS OF OFFICERS, BOAROS & 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 F. Report of Oirector of Public Works 1. Resolution declaring costs to be assessed and orderin ' preparation of 1 TSQecial—Assessment Rol'I an set in9 hearing date-TRes3Tution No. 87-225) 2. Review deferment olicies for Special Assessments (Continued from uJ�yZ , ig 7) XI. NEW BUSINESS XII. ADJOURNMENT UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JULY 21, 1987 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: X. A. 1 . Pidcock - Questions regarding SWING memorandum; X. A. 2. Pidcock - Report on League of Minnesota Cities Seminar in Rochester. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as amended and published. Motion carried unanimously. II. MINUTES OF REGULAR CITY COUNCIL MEETING HELD TUESDAY, JULY 7, 1987 MOTION: Bentley moved, seconded by Anderson, to continue approval of the Minutes of the July 7, 1987 meeting to the next regular meeting of the Council. Motion carried unani- mously. III. CONSENT CALENDAR A. Final Plat Approval for Timber Creek Woods 3rd Addition (NE quadrant of South Manor Road and Mistral Lane) Reso- lution No. 87-202 B. WESTWOOD INDUSTRIAL PARK 4TH ADDITION by Dallas Development Company. Request for Preliminary and Final Plat of 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) • City Council Minutes -2- July 21, 1987 C. Final Plat Approval for Bluestem Hills 3rd Addition (south of Bluestem Lane) Resolution No. 87-204 D. Final Plat Approval for Blossom Ridge (south of Blossom Road and east of Bennett Placej Resolution No. 87-195 E. Resolution requesting Metropolitan Waste Control Commission MWCC-Tsewer connection permit for Nemec Knolls (I.C. 52- 121) Resolution No. 87-201 F. Resolution requesting (MWCC) sewer connection permit for Welter Purgatory Acres 2nd Addition Resolution 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) H. BLOSSOM RIDGE ADDITION by G. W. Pearson and Harold Johnson. 2nd Reading 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 Auoption 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; Resdution No. 87-182 - Authorizing Summary and Publication) I. AMOCO SERVICE STATION, Amoco Oil Company. 2nd Reading of Ordinance No. 31-87, Rezoning 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 • Assistance Program K. Resolution accepting 100% petition for utility itprovements and ordering preparation of plans and specifications for sanitary sewer and watermain at Shady Oak Road and West 6271d Street ZResolution No. 87-205) JJ.n City Council Minutes -3- July 21, 1987 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. MOTION: Bentley moved, seconded by Harris, to approve Items A - L on the Consent Calendar. Motion carried unani- mously. Somewhat later in the meeting Mr. Dietz arrived and said that a request had been received from the Amoco Oil Co. to remove Item K, Resolution No. 87-205 accepting petition for utility improvements at Shady Oak and West 62nd Street, from the Consent Calendar. MOTION: Bentley moved, seconded by Anderson, to rescind approval of Item K on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Easement Vacation 87-06, Lots 11 thru 14, Block 1, Blue- stem Hills 2nd Addition (Resolution No. 87-207) Assistant to the City Manager Craig Dawson stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. He noted that this is essentially a housekeeping item. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 87-207, vacation of drainage and utility easements on Lots 11 through 14, Block 1, Bluestem Hills 2nd Addition. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 35922 - 36292 MOTION: Bentley moved, seconded by Anderson, to approve the Payment of Claims Nos. 35933 - 36292. Roll call vote: Ander- son, Bentley, Harris, Pidcock and Peterson voted "aye." Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS There were none. 1 City Council Minutes -4- July 21, 1987 ( VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS There were none. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Pidcock - Questions on SWING Memorandum 1 Referring to the memorandum regarding the SWING Committee for the cable system, Pidcock noted that Paul Redpath is the committee chairperson. She said she thought this was an important and significant committee and asked if Mr. Redpath would be replaced as chair by a current councilmember. Bentley suggested that Mr. Dawson check with Southwest Cable Commission to get more details on what this committee does. Peterson asked if the Council is authorized to make appointments to the committee. Bentley said he thought it was a study committee put together by the Commission itself. Anderson suggested that Mr. Dawson develop a report on this subject to be included in the Council packet for discussion at the next meeting. Pidcock agreed with his suggestion. 2. Pidcock - Report on League of Minnesota Cities Seminar in Rochester Pidcock reported that Dr. Harris and she attended the seminar in Rochester June 9 - 12. She reviewed the various workshops and seminars presented there and noted that the seminar was well planned, very worth- while and presented some excellent ideas for honing skills. She said we might want to consider a suggestion presented at the seminar that chief financial officers of our major corporations review the City budget and provide input on possible savings or better ways of doing things. Pidcock said she had an opportunity to discuss the urgent need for highways in Eden Prairie with represen- tatives of Senators Durenberger and Boschwitz. ,•�J11 City Council Minutes -5- July 21, 1987 Pidcock said some of the exhibitors had questions on how to get the opportunity to bid on projects in Eden Prairie. Noting that the exhibitors believed they are left out of the bidding process here, she said she thought we were to get input back on the process being used for bidding. She thought we should review the process and take a new approach if necessary. Harris said she would like to know where we are as to expenditures in relation to budget revenues. She thought a quarterly report summarizing the City's costs against revenues would be helpful. Bentley said in the past the Council has received a mid-year update on the budget and asked if that is being prepared now. Dawson said Staff is preparing the budget and in the process will take a look at expenses to date. He said there would be a report in August or September showing adjusted amounts for the rest of the year. Bentley said he, too, would like to see those figures presented on a more regular basis. Peterson said he thought it should be relatively simple to get a run- ( down of broad categories of expenditures from the i. database in the computers. Anderson asked how difficult it would be to get quarterly reports on the budget. Director of Public Works Dietz said the departments get monthly summaries of their operating expenses. Director of Community Services Lambert said those reports are not a summarized budget sheet, but rather are listed by operating fund. Dawson said they would take a look at this at a Staff meeting. Peterson asked if they learned anything new about televising Council meetings. Pidcock replied that it is generally very positive but there can be some nega- tives involved. Harris said there is obviously a viewing public but no one seems to have a fix on the quantity of viewers. A discussion followed regarding televising Council meetings. Bentley asked if we budgeted funds to install a camera system. Dawson said no funds were budgeted this year; however, he anticipates money will be allocated in next year's budget. 1)C / City Council Minutes -6- July 21, 1987 B. Report of City Manager Assistant to the City Manager Dawson called attention to the memorandum concerning the Citizens League property tax survey. C. Report of City Attorney There was no report. D. Report of Director of Planning There was no report. E. Report of Director of Community Services 1. Review of Feasibility Study for Purgatory Creek Recreation Area Referring to his memorandum of June 30, 1987 regarding the Feasibility Report on the Purgatory Creek Recrea- tion Area, Director of Community Services Lambert re- viewed the background leading to the preparation of the feasibility report. He said the feasibility report was reviewed with the surrounding property owners on June 30th, the Parks Commission on July 6th and the Planning Commission on July 13th. Lambert said they have been able to meet with a majority of the landowners. He reviewed the contents of a letter from Larry Rice of Lakeland Developers who are developing property to the west of the proposed recrea- tion area. He said they support the concept generally, but they expressed concern about the concentration of traffic and people using the athletic fields proposed for the area next to their property. Lambert said he r had reassured Mr. Rice that this is a concept plan only and that actual design plans would be reviewed with the surrounding property owners. Lambert said the Parks Commission recommended approval of the plan with the following conditions: that an environmental assessment be made of the effect on water quality in Staring Lake and downstream from the area; and that consideration be given to acquiring an additional one or two acres of land for more parking area. He said the Planning Commission recommended approval of the plan, also including the suggestion that more land be acquired for parking. Paul Fjare of Brauer & Associates reviewed the process used for the current development concept and the reasons City Council Minutes -7- July 21, 1987 for dropping the earlier plan to include a golf course. He said they introduced a series of active and passive water areas and tried to enhance water quality through a series of channels. He also reviewed the three primary focal points -- the recreation complex, an interpretive trail head to provide an environmental education focus for the passive recreation area, and the major center plaza. Rod Cole, Hickock & Associates, reviewed the results of the geological/hydrological analysis of the area. He said they recommend that the judicial ditch be dredged all the way down to Research Road and then allow a year for the area to be monitored in order to find out what happens during rainfall, snow melt, etc. He said the material excavated could be placed in the area of trails or roads; however, there may be opposi- tion from the regulatory authorities to this procedure should the excavated material create excess amounts of nutrient waste. Peterson asked if there is a correlation between the water level anticipated after the repair of the ditch and the removal of siltation further down stream, as ( he assumed that would lower the level of water and the volume storage capacity required by the Watershed District. Cole said that would probably not occur, as excess created by the dredging of ponds will be taken up in compensatory storage by the grading. Anderson said he thought that if we start with the premise that we will work with the Watershed District to meet their regulations, we shouldn't have a problem. Lambert said he thought Mr. Cole was addressing comments from the property owners that dropping the water level would provide more developable land and that such a situation would be a concern for the Watershed District. Anderson asked if the channel might have to be dredged all the way to Staring Lake. Cole said it was a pos- sibility, but they are suggesting that dredging be I done only to Research Road. Cole said the high point is about 150 feet downstream from Anderson Lakes Park- way and is about three feet higher than the outlet i elevation of the culvert. Harris asked about the dredging equipment to be used 1 and why the nutrient material could not be used as fill. Cole said the regulatory agencies have a policy that fill from an area such as this should not be put back in the area because of the nutrient release that would probably flush downstream. ; iiv i City Council Minutes -8- July 21, 1987 Pidcock asked what effect the dredging will have on f Staring Lake. Lambert said this plan does not pro- pose any transfer of storage to Staring Lake because 1 that would have an adverse effect on that facility. Lambert noted that very little of the interior of this development will require intensive maintenance, with the majority being left in a natural condition. Bentley said he has a mixed reaction to the proposal. He was disappointed because no way was found to get 1 the golf course included, since that was probably the I most popular amenity proposed. He said he was pleased with the entrance and the amphitheater concept. In addition, he said his first reaction to the proposed 1 sports complex is total opposition, and he would pre- 1 fer that area be used for something like the prior suggestion of an interpretive farm. Bentley asked what has caused the discharge at Ander- son Lakes Parkway to be three feet higher than other points. Lambert said construction around that area during very wet weather caused erosion down the sides which filled up the creek with sand from the slopes and created a dam. A discussion followed regarding ( drainage in the area, the impact of the culvert at 1 Research Road and residents' concerns about this area. Pidcock expressed concern about the debris from builders and asked if we have a policy on that. Lambert said one of the major erosion problems was the City's con- struction of Anderson Lakes Parkway. He also noted there is danger that Staring Lake will freeze out if 1! the creek flow continues to be restricted. He said they would like the Council to approve ht requesting a resolution tonight q g permission from the Watershed Dis- trict to try to remove some of the material restricting the creek flow at Anderson Lakes Parkway. 1 Pidcock again asked if we have a policy regarding cleanup by developers. Bentley said he did not believe that was pertinent to the issue. Peterson said he thought it was, to the extent that developers or contractors might share in the responsibility for remedial action in that particular location. Dietz noted that would probably require litigation. Anderson said one of the things we're concerned about is getting the creek to flow correctly through there. He believes a control structure could be made so that the flow into Staring Lake could be regulated over the year. Cole said they are proposing such structures on both the north and the south end of the recreation area. ,2"ooZ City Council Minutes -9- July 21, 1987 A discussion followed regarding the extent of the dredging proposed at Anderson Lakes Parkway. Harris noted that there is a natural beauty in this area that she would like to see as undisturbed as possible. While she realized there is a need for athletic fields, she would prefer some other use for that area. Bentley said he recalled a significant discussion when approval was given for the recreation area con- cept regarding no highly active types of use in the entire area. He said the use as ball fields does not follow the intent of the original concept plan. Lambert said that comments were made regarding whether a golf course would be used by those residents living in the high-density developments in the area. He said M.T.S. commented that their owners feel they would rather see some ballfields and picnic areas that their employees could use. He also said there are other potential sites for an interpretive farm that would not require building on the floodplain. Peterson said he thought it would be possible to have a fairly passive open space area that might be condu- cive to such activities as a pick-up ball game without jeopardizing the integrity of the major park. Lambert said perhaps an irregular open play area would be better. Dick Feerick distributed an outline of his comments regarding the major center area. (Attachment A) He said he was very impressed with the park concept. He thought it was important to evaluate some of the points raised regarding the water level and the appropriate- ness of use before the plans are fully developed. Anderson said this has been one of his pet projects in the City. He noted the landowners adjacent to the area were the ones who pushed for a golf course. He commented that we have an opportunity to do something equivalent to such areas as Normandale Lake in Blooming- ton and that such areas have done much to attract businesses for those communities. Pidcock said it was exciting to see the concept come this far, but she was not enthralled with the proposed ball park. rk City Council Minutes -10- July 21, 1987 Bentley suggested that discussion center on the list of ten recommendations contained in Mr. Lambert's memo. Regarding Item 1 on the list, Peterson asked if it was reasonable to get ownership of all the floodplain property. Lambert said he felt not all the owners would transfer ownership at this point. He suggested 1 that this is the proper time to ask all the property owners to transfer the land. At the same time the City should commit to applying for a clean lakes grant 1. to start the project and begin the first phase of dredging for this once the property is transferred. He said we should retain sufficient funds in the cash park fees to begin the first phase development. Anderson asked if we are talking about using park dedication fees to purchase property. Lambert replied the only property designated for purchase is the acreage at the major entry point. He said both property owners involved in that acreage are supportive of the plan but are currently in the process of developing their land and therefore are not willing to sell right now. Anderson said he didn't want to lose any part of this project and he was concerned with what might happen if this is delayed and a proposal for development in that area comes forth. Lambert said the property owners will be kept informed of our plans so they can take that into consideration in their development plans. Mr. Feerick noted that Mr. Naegele and Mr. Feerick are working together on a concept that reflects the park plaza interest in that location. Regarding Item 2, Bentley asked if at this point we are asking for a commitment for two additional acres. Lambert said he would like to determine if the Council- members are supportive of discussing that with the property owners involved. The consensus was that the acquisition of additional land should be explored further. Regarding Item 9, Bentley suggested that the phrase "recreation/sports area" be changed to "area" only. MOTION: Bentley moved, seconded by Anderson, to accept the recommendations of Staff, subject to the modifica- tions discussed. City Council Minutes -11- July 21, 1987 Lambert said he would like to have a plan of the area that could be distributed and asked if it would be all right to remove the ballfields from the plan and sub- stitute a passive play space. Peterson cautioned that, if a plan is passed around, it becomes "the plan." Lambert said that there has to be something on the plan and he wanted it to be something the council was comfortable with. A discussion followed regarding what should be desig- nated for the area on the west. The consensus was that it should be designated as a "future recreation area." VOTE ON THE MOTION: Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to accept the recommendation to carry $1-1.5 million in the cash park fees as a reserve for beginning this project whenever the City acquires all of the park property. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris, to author- ( ize Staff to draft a Resolution requesting permission of the appropriate regulatory agencies to dredge the ditch. Motion carried unanimously. F. Report of Director of Public Works 1. Award contract for Bennett Place and Blossom Road, I.C. 52-122 (resolution No. 87-208) Director of Public Works Dietz reviewed the bids re- ceived for the improvements to Bennett Place and Blossom ) Road. Noting that the bid was 13% below the estimate of the feasibility study, he said Staff recommends the contract be awarded to Brown and Cris, Inc. Peterson asked if this includes the realignment of Blossom Road. Dietz said the decision was made to make it a cul-de-sac rather than realigning it into Hwy. 1. MOTION: Anderson moved, seconded by Pidcock, to adopt Resolution No. 87-208, accepting the bid of $349,236.15 from Brown and Cris, Inc., I.C. 52-105, Sanitary Sewer, Storm Sewer, Watermain and Street Improvements at Bennett Place and Blossom Road. Motion carried unani- mously. 7I' City Council Minutes -12- July 21, 1987 2. Award contract for Prairie View Drive Improvements, I.C. 52-104 (Resolution No. 87-209) Director of Public Works Dietz reviewed the bids re- ceived for the improvements to Prairie View Drive and St. Andrew Drive. He said Staff recommends the contract be awarded to Northdale Construction Co., Inc., whose bid was 26% below the engineer's estimate. MOTION: Anderson moved, seconded by Harris, to adopt Resolution No. 87-209, accepting the bid of $244,889.75 from Northdale Construction Company, Inc., I. C. 52-104, Sanitary Sewer, Storm Sewer, Watermain and Street Improvements at Prairie View Drive and St. Andrew Drive (RCM Project No. 861021). Motion carried unani- mously. 3. Award contract for Trunk Watermain between #494 and Rowland Road, I.C. 52-117 (Resolution No. 87-210) Director of Public Works Dietz reviewed the bids re- ceived for the improvements to the watermain extension, Baker Road Reservoir to Rowland Road. Noting that the bid was about 25% below the engineer's estimate, he said Staff recommends the contract be awarded to Mach- temes Construction. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 87-210, accepting the bid of $162,543.50 from Machtemes Construction, I.C. 52-117 Watermain Extension - Baker Road Reservoir to Rowland Road. Motion carried unanimously. 4. Award contract for Shady Oak Ridge Utilities, I. C. 52-119 (Resolution No. 87-211) Director of Public Works Dietz reviewed the bids re- ceived for the improvements to the sanitary sewer and watermain at Old Shady Oak Road and Rowland Road and said Staff recommends awarding the contract to Richard Knutson, Inc. MOTION: Anderson moved, seconded by Bentley, to adopt Resolution No. 87-211, accepting the bid of $143,237.35 from Richard Knutson, Inc., I.C. 52-119 Sanitary Sewer and Watermain Improvements, Old Shady Oak Road and Rowland Road (RCM Project No. 871009). Motion carried unanimously. 5. Award contract for 1987 Material Purchases, I.C. 52-127 Resolution No. 87-212) City Council Minutes -13-- July 21, 1987 In response to requirements to get bids on materials used by the City, Director of Public Works Dietz said advertisement for bids occurred and bids were received for materials for 1987-1988 with prices fixed until next May. He noted the Staff recommendations for award- ing the contracts and said bids that were higher than our current arrangements were rejected. MOTION: Harris moved, seconded by Pidcock, to adopt Resolution No. 87-212 accepting bids for 1987-88 Maintenance Material, Gas, Diesel Fuel, and Water Treatment Chemicals. Motion carried unanimously. 6. Review deferment policies for Special Assessments Referring to his memorandum of July 20, 1987 regarding deferment of special assessments, Director of Public Works Dietz said the memo responds to a specific question on how to deal with existing residents who are forced into special assessments because of a development. He reviewed the current deferment policies that exist and noted that there is no provision in the State statutes for deferring assessments until connection or develop- ment for a specific time period. Dietz said discussions with Mr. Pauly's office deter- mined that the best way to deal with the problems of existing residents is to exclude them from the actual assessment in the beginning rather than to give them deferments. The assessment would then become effective when the property was connected to sewer and water. Dietz said the problem with this is that interest is specifically excluded from the list of items that can be collected, so the City might be forced to absorb interest costs for a considerable period of time. Dietz said Staff is suggesting that when we put in a project we would assess at completion of the project the amounts for streets, curb and gutter, storm sewer and sidewalks. Those items would constitute 55-60% of the typical assessment. Harris asked if, when there is an exclusion, the fee is the actual cost at the time of connection or the original cost. Dietz replied only the original cost can be assessed. Anderson asked City Attorney Pauly if it would be possible for a landowner with a hardship to contract City Council Minutes -14- July 21, 1987 with the City to pay this off at the time of sale of the property or at the time of connection. Pauly replied that there is no provision for that kind of arrangement and it would be unenforceable. City Attorney Pauly gave a summary of the statutes involved in this issue. A discussion followed regarding the situation of a landowner who is close to the age of qualifying for the deferment for senior citizens. Dietz said that historically we have given a $1,000 credit to pay for such assessments and suggested that we could abandon that credit and give a five-year exclusion for the assessment. Peterson asked what would happen if the property were sold in that of exclusion. Pauly said sale should not make iod any difference because the basic reason for exclusion would remain. Peterson asked how those properties that were excluded would be flagged so that a potential buyer could be 1 made aware of the assessment. Dietz said the only way to keep track of this would be to put as a comment on the assessment information rolls that an assessment is going to be levied in year X. A discussion followed regarding the details of execut- ing such exclusion procedures. Dietz suggested that this issue be brought up again at the next meeting so that Mr. Jullie can have input into it and more research can be done. XI. NEW BUSINESS • There was none. XII. ADJOURNMENT MOTION: Pidcock moved, seconded by Bentley, to adjourn the meeting at 10:20 PM. Motion carried unanimously. �HYlnl.Yll+tL'IV'1' H) Major Center Area The Concept of a Downtown Eden Prairie Large daytime employment 28.000 employment 3.000 positions filled by residents Current emphasis on quick stop retail services A warm and friendly downtown environment Full Range of Community Services Facilities G. businesses desired by community Recreational and social facilities Usage by younger members of community Need for Sense of Community Turn over rate is currently 32%per year Growth is an additional 12% per year Place for residents to gather "A downtown identity' The Purgatory Creek Recreation Area Unique opportunity Vital to downtown Eden Prairie Importance of Park Plaza Concept Public/private commitment Synergistic Effect on Quality Development Overall plan required Critical mass essential 7/21/87 '" Dick Feerick 4 CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST August 4, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) HEATING & VENTILATING Don Eggebrecht Behtke's Plumbing & Heating Middlesex Construction Construction Mechanical Services U-K Builders, Inc. Lloyd's Sheet Metal Rich's Heating & Ventilating Schwickert Company CONTRACTOR (1 & 2 FAMILY) Findell Cement, Inc. GAS FITTER Ameter & Logeais, Inc. L. Cramer Company, Inc. Bethke's Plumbing & Heating Denco Properties, Inc. Dickey's Heating & Air Conditioning E. L. Construction Hopkins Plumbing & Heating Co. Halek Development,Inc. Moengen Plumbing Mike Merrigan Designs Rich s Heating & Ventilating / Metro Summit Builders, Inc. David Modrow Homes, Inc. North Star Services Ott & Son, Inc. UTILITY INSTALLER Sass Construction Swenson Construction of Otisco Roto-Rooter Service Company Volk & Sons Construction WELL DRILLING PLUMBING Braunwarth Well Co. Available Plumbing • Madsen Plumbing & Heating KENNEL (Private) Roto-Rooter Service Co. Robert J. Evans 3.2 BEER OFF SALE CIGARETTE Superamerica Station (Pioneer Trail) Superamerica Station (Pioneer Trail) f. PEDDLAR _ Byron Kent Ciminski These licenses have been approved by the department heads responsible for the licens d activity. Cede- t_� at Solie, Licensing MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: July 30, 1987 SUBJECT: Contract Award for Grading Improvements at Eden Lake School, Willow Park and Homeward Hills Park In February of this year, members of the Community Services staff reviewed concept plans for Homeward Hills Park and Willow Park with residents from the surrounding areas. The neighbors were pleased with the park designs and the concept plans were approved by the Parks, Recreation and Natural Resources Commission. Eden Lake School Park has been designed as a joint effort between school personnel and Community Services Department staff members. All three of the parks mentioned above have funds allocated for the 1st phase of development in the 5 Year Capital Improvement Program, which was approved earlier this year by both the Parks, Recreation and Natural Resources Commission and the City Council. The City is ready to begin the proposed development on each of these parks by grading and seeding this year. Improvements at Homeward Hills Park under this contract will include grading and base preparation for an expanded parking area, a plaza area around the new park shelter, 2 new tennis courts, a multi purpose court and grading to accommodate a hockey rink, a free skating area, an expanded area for play equipment and additional hikeway/bikeway trails. Grading at Eden Lake Park and Willow Park will be combined into one contract. Improvements at Eden Lake Park will include grading a soccer field, 2 T-ball fields, areas for play equipment, hikeway/bikeway trails and general grading to improve storm water drainage and aesthetics. Willow Park improvements will include grading a softball/soccer field, tennis court area, a parking lot to accommodate ten cars and an enlarged and more attractive storm water holding pond. Plans and specifications have been prepared, distributed and bids were returned and opened July 23, 1987. Five bids for each contract were received with prices ranging from $72,983.64 to $93,440.50 for Homeward Hills Park and from $71,906.26 to $95,314.00 for Eden Lake School Park and Willow Park. The Community Services staff recommends the City Council award the contract to W. J. Ebertz Co. in the amount of $72,983.64 for grading improvements at Homeward Hills Park and to W. J. Ebertz Co. in the amount of $71,906.26 for the grading improvements at Eden Lake School Park and Willow Park. The monies will come from cash park fees. The Parks, Recreation and Natural Resources Commission has approved the work to be done, but will not see the actual bids until their meeting the second week in August. The staff would like approval to proceed with work on these projects so they can be ( completed yet this season. Grading can be scheduled to begin August 6th and is expected to be completed by August 14, 1978. This schedule allows time for the City to install play equipment; pave tennis courts, parking areas and plaza areas, as well as seeding and planting before the construction season ends. BL:md r; ) PROSPECTIVE BIDDER'S LIST HOMEWARD HILLS PARK EDEN LAKE PARK WILLOW PARK CONTRACTOR NAME Bid Bond Total Project Bid Bid Bond Total Project Bid W. J. Ebertz x $72,983.64 x $71,906.34 BK Excavating x $73,789.95 x $81,385.65 Preferred Paving x $93,440.50 x $92,272.30 Bullock Cont. x $63,464.70 x $95,314.00 C. M. Barry Const. Northern N D. H. Blattner & Sons C. Bolander & Sons x $87,753.25 x $74,760.50 Ryan Construction C. M. Turf Farms i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-214 A RESOLUTION APPROVING FINAL PLAT OF THOMPSON ADDITION WHEREAS, the plat of THOMPSON 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. NDW, THEREFORE, BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for THOMPSON ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JULY 29, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on AUGUST 4, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 5 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 29, 1987 SUBJECT: THDMPSONS ADDITION PROPOSAL: The Developers, David and Lorraine Thompson, are requesting City Council approval of the Final Plat of Thompson's Addition. Located south of Valley View Road and east of Eden Prairie Road, the plat contains D.99 acres to be divided into two single family lots and road right-of-way for street purposes along Valley View Road. HISTORY: The Preliminary Plat was approved by the City Council on July 7, 1987 per Resolution 87-191. Zoning from RI to RI-22 took place in 1969. • VARIANCES: Variance request 87-42 requesting variances from minimum lot size and side yard set-back requirements was granted July 9, 1987. All 1' other variances must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and streets necessary to serve this site are in place. An additional sewer and water service has been installed to serve the new lot with construction of Valley View Road. Because this lot was originally a one-acre homesteaded parcel, a $7,400.00 sewer and water connection fee for this newly created lot will be required. This fee is payable at the time of building permit application. PARK DEDICATION: Park dedication must conform to the requirements of City • Code. BONDING: Bonding must conform to City Code requirements. THOMPSON'S ADDITION • 2 JULY 29, 1987 RECOMMENDATION: Recommend approval of the Final Plat of Thompsons Addition subject to the requirements of this report and the following: 1. Receipt of street lighting fee in the amount of $205.00 2. Receipt of engineering fee in the amount of $250.0D 3. At time of building permit application the $7,400.0D sewer and water connection fee must be paid JJ:ss cc: David & Lorraine Thompson Brian Olson, Ron Krueger 8 Associates CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-215 A RESOLUTION APPROVING FINAL PLAT OF EDENVALE EXECUTIVE CENTER FOUR WHEREAS, the plat of EDENVALE EXECUTIVE CENTER FOUR 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 EOENVALE EXECUTIVE CENTER FOUR is approved upon compliance with the recommendation of the City rr Engineer's report on this plat dated JULY 29, I987. t_ 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 AUGUST 4, 1987. Gary D. Peterson, Mayor ATTEST: SEAL ( John D. Frane, Clerk L_ ✓1 A� 1 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 A• � 1/ DATE: July 29, 1987 SUBJECT: EDENVALE EXECUTIVE CENTER FOUR PROPOSAL: Eden Land, on behalf of Equitable Life Assurance Society, has requested City Council approval of the final plat of Edenvale Execu- tive Center Four located south of Valley View Road and east of Baker Road. Formerly Outlot E of Edenvale Ninth Addition, the plat con- tains 15.5 acres to be divided into one lot for office warehouse use. HISTORY: The preliminary plat was approved by the City Council July 7, 1987 per Resolution 87-190. Zoning from rural to PUD 14-84-I-2-Park District was finally read and approved by the City Council January 8, 1985 per Ordinance 315-84- ( PUD-14-84. Resolution 87-189 approving the Edenvale Executive Center II planned unit development concept amendment to the overall Edenvale Ninth Addition Industrial Park planned unit development was approved by City Council July 7, 1987. The Developer's Agreement referred to within this report is scheduled for execution August 4, 1987. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS'. All municipal utilities and streets necessary to serve this site have been installed in conformance with City Standards. PARK DEDICATION: Park dedication must conform to City Code requirements. BONDING: Bonding must conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Edenvale Executive Center Four subject to the requirements of this report, the Developer's Agreement and the following: I. Receipt of engineering fee in the amount of $1,550.00 JJ:ss cc: John Lassen, Eden Land Company Hanson Thorp Pellinen and Olson 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 29, 1987 SUBJECT: EDENVALE EXECUTIVE CENTER FOUR PROPOSAL: Eden Land, on behalf of Equitable Life Assurance Society, has requested City Council approval of the final plat of Edenvale Execu- tive Center Four located south of Valley View Road and east of Baker Road. Formerly Outlot E of Edenvale Ninth Addition, the plat con- tains 15.5 acres to be divided into one lot for office warehouse use. HISTORY: The preliminary plat was approved by the City Council July 7, 1987 per Resolution 87-190. Zoning from rural to PUD 14-84-I-2-Park District was finally read and approved by the City Council January 8, 1985 per Ordinance 315-84- PUD-14-84. Resolution 87-189 approving the Edenvale Executive Center II planned unit development concept amendment to the overall Edenvale Ninth Addition Industrial Park planned unit development was approved by City Council July 7, 1987. The Developer's Agreement referred to within this report is scheduled for execution August 4, 1987. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS! All municipal utilities and streets necessary to serve this site have been installed in conformance with City Standards. PARK DEDICATION: Park dedication must conform to City Code requirements. BONDING: 8onding must conform to City Code requirements. • RECOMMENDATION: Recommend approval of the final plat of Edenvale Executive Center Four subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of engineering fee in the amount of $1,55030 JJ:ss cc: John Lassen, Eden Land Company Hanson Thorp Pellinen and Olson CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. B7-216 A RESOLUTION APPROVING FINAL PLAT OF MAJESTIC OAKS WHEREAS, the plat of MAJESTIC OAKS 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 MAJESTIC OAKS is approved upon com- pliance with the recommendation of the City Engineer's report on this plat dated JULY 29, I987. 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 AUGUST 4, 1987. 4 Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk • l, ri 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 ' � A� DATE: July 29, 1987 SUBJECT: MAJESTIC OAKS PROPOSAL: All-Land Corporation, has requested City Council approval on the Final Plat of Majectic Oaks located between North Manor Road and South Manor Road on the east side of West 168th Avenue in the North half of Section 5. The plat contains 5.0 acres that will be divided into 12 single family lots and road driveway for street purposes. HISTORY: The preliminary plat was approved by the City Council on July 16, 1987 per Resolution 87-173. Second reading of Ordinance No. 33-87 changing the zoning from rural to R1-13.5 is scheduled for City Council approval August 4, 1987. The Developer's Agreement referred to within this report is scheduled for execution August 4, 1987. VARIANCESc All variance requests must be processed through the Board of Appeals. UTILITIES ANO STREETS: All municipal utilities and streets will be installed throughout the development in conformance with City Standards. PARK DEDICATION: Park dedication must conform to City Code requirements. BONDING: Bonding must conform to City Code Requirements. RECOMMENDATION: Recommend approval of the final plat of Majestic Oaks subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street sign fee in the amount of $304.00 2. Receipt of street lighting fee of $1,177.00 3. Receipt of engineering fee of $480.00 4. Satisfaction of bonding requirements JJ:ss cc: All-Land Corporation Robert and Joann Blunt Hanson, Thorp, Pellinen and Olson • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-217 A RESOLUTION APPROVING FINAL PLAT OF MOUNT CURVE ADDITION • WHEREAS, the plat of MOUNT CURVE 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, 8E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for MOUNT CURVE ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated JULY 29, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. • C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on AUGUST 4, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 1 , ��`' is CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Juilie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: July 29, 1987 SUBJECT: MOUNT CURVE ADDITION PROPOSAL: The Developers, Mount Curve Developers, have requested City Council approval of the Final Plat for Mount Curve Addition, located south of Mount Curve Road and west of Franlo Road. Formerly approved as a townhouse development by the City Council, this proposal is for four single family lots and one lot containing the existing maintenance building for the Olympic Hills Golf Course for a total of 2.8 acres. HISTORY: The Preliminary Plat was approved by the City Council July 7, 1987 per Resolution B7-188. Resolution 87-167 amending the comprehensive plan on 2.24 acres from medium density residential to low density residential was approved by the City Council July 7, 1987. The Developer's Agreement referred to within this report is scheduled for execution on August 4, 1987. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities necessary to serve this site will be installed in accordance with the City Standards. Because this plat drains to a land-locked pond on the east side of Franlo Road, it was determined an outlet for this pond be provided in con- junction with this plat and a plat called Jay Wallace Addition on the east side of Franlo Road. An agreement between both developers and the City providing for this outlet has been established. In 1976, this property was partially assessed for lateral sewer and water benefits, trunk assessments and street improvement assessments, based on the parcel not being fully utilized. Now that full utilization of the parcel is proposed, total assessments are due in the amount of $22,0DO.D0. • MOUNT CURVE ADDITION 2 JULY 29, 1987 It is proposed to access the three lots abutting Franlo Road through a private driveway easement off of Mount Curve Road. Prior to release of the Final Plat a recordable driveway easement document shall be provided to the City. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding shall conform to City Code and Developer's Agreement requriements. RECOMMENDATION: Recommend approval of the Final Plat of Mount Curve Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee of $870.00 2. Receipt of engineering fee of $250.00 3. Receipt of recordable easement documents covering private driveway 4. Satisfaction of bonding requirements 5. Subject to additional assessments of $22,000.00 JJ:ss cc: Mt. Curve Developers Hanson Thorp Pellinen and Olson, Inc. • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION ND. 87-218 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructed in The Ridge 3rd 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 August 4, 19B7. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk ,ilia Jay Wallace Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE ND. 26-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM DNE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. 4. Code 1, entitled " visins and ion DefinitionstApplicable to�the EntireChCityrCode Including Penaltyal forPViolation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, byereference, 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 August 4, 1987, entered into between Jonathan Marshal Wallace, III, and Jana Lynn Wallace, husband and wife, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Jonathan Marshal Wallace, Sr., and Katherine Wallace, husband and wife, and the City of Eden Prairie, dated as of August 4, 1987, which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of June, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of August, 1987. ATTEST: John 0. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of ) i Exhibit A--Legal Description Non --y H. „C.0 ^ .A a .. O m C .+. . 7 T S 0 La n S {r CD NI -. CC H .-7n r'!. 7 I` :a 7'y ' " C O 70 C7 ry Z j 0CI 1 '.'CA) 1 C'1u C - ...,in.. - n o-., m o .y- C Z. j"'LC N m .C O .J T LLI y + nO Z ry 0) r 0) -S 0 7 .t.A' 0 X N.1 C 7 y m...7: T H N O N m Z. 0.. 7 n 0 •• .�.- f..7 T .,.t ' »m ,T 7 ca:.00 ' c r0-- " 0: s= 7" b CO •y SJr O N r." ta �C O.S N _ X • T m ^ K 7 7'C m 9 7 oym .y.. R '` •• •.,•' M .103004007 y 7 it T m rI— r:n .Cr 0 =0 0) r T c �m zc 0M .)7 � 7 ZqR- • m 3 .C.O. 0 - C X. m M 7 m - 7- r ..m . 7t3 A7c cm • ..O.t. m , Z.r 55 .. N i CD o C.,"He _ 0 m C. .. n _ 5 •O ^3 .•O a MI .. m• m N D. O .. __ 2• s � CU ,7 ,. -- m - ... T .._ � T O)m J O O n N. "'.O Z •-•r.Z 7 .'ln r V ym DO 7 \ft C.: = 7 5 - ro T _ ••- 7 E _ ...Z. _= C -.. `.C3 C3 m C ti m m 1) m 7 n W ..n m ^7 y A C Z , ^ rf-' .C. UI 03 n m'C 7 V,.70) m 00 O O... Z m _ W 7 r. y r C 7 O C3 N 7 0•y `")""7 TNm m 0) "2 rm-q 7.09 .. .t 7 7 C 7,� ,,,,,'" .••7 0) m C N m CC m U C C 7 N ti LA r -C)'�' 1-(* rr N ''7 m m m 7' 7 .L...-0. m 7 7' ,.y "I C 0".•T 7• J O T n.s, - r* " 0) ..r T ed ,T y t -� .. ...m r.. •T `7 7•_ n.• _. ; 7 C 7 S T. VI -.0 m $ m tD... ..n c V1 o) m r.7 H~•- - '*7 rJ um T) ^'7 CD 0 7'..to 0) tJr-•>. C Sm ..y .7 C 0: . 0 .. C -�•-�, ..m C C..) +o .. 7 c�.- 7. N1 O -. W r.-y-4n :".. C RC A 7' m :: ."Z'7 . CD .. yZO T 7 m M J ~ ,R a 7 7'..N ,- CO .-,.. m O . M m 7'7' C 7 m O .. C ,'C ^) yn 7 C f 7 . 0 T C %1 T H +^O m ,ft 7 7. p N n T C _ •0 V)7 :.J-• m 'T T `.If) ..O '. n 0 .1 N.. 7 ... 0 f.:C m r.rt m O .,C to m 7_. .a n y .\ m s..y N ^- S ...•.t .- L r.3 :n C C .y T m Z' 7 .1 m n m 0 1 Jay Wallace Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Jonathan Marshal Wallace, III, and Jana Lynn Wallace, husband and wife, hereinafter referred to as "Developers," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developers have applied to City for Zoning District Change from Rural to R1-13.5 on 1.23 acres and Preliminary Plat of 1.43 acres into two single family lots and road right-of-way, all said 1.43 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 #26-87, 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, 1987, reviewed and approved by the City Council on June 2, 1987, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developers shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developers covenant and agree to the performance and observance by Developers at such times and to 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 shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 4. Prior to issuance of any building permit upon the property, Developers shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. 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. 5. Prior to issuance of any building permit upon the property, Y Developers agree to submit to the Chief Building Official, and obtain the Chief Building Official's approval of plans for the retaining wall on the property. Upon approval by the Chief Building Official, Developers agree to construct said retaining wall in accordance with the terms and conditions of Exhibit C, attached hereto, as approved by the Chief Building Official. Jay Wallace Addition OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN JONATHAN AND JANA WALLACE AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1987, by and between Jonathan Marshal Wallace, Sr., and Katherine Wallace, husband and wife, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #26-87 changing the zoning of the property owned by Owner from the Rural District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of , 1987, by and between Jonathan Marshal Wallace, III, and Jana Lynn Wallace, husband and wife, and City, Owners agree with the City as follows: 1. If Jonathan Marshal Wallace, III, and Jana Lynn Wallace, fail to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owners shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Jay Wallace Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-180 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 26-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 26-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of August, 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. 26-87, 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. 26-87 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 August 4, 1987. Gary D. Peterson, Mayor ATTEST: • John 0. Frane, City Clerk r1 IN . Jay Wallace Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 26-87 AN OROINANCE OF THE CITY OF EOEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LANO FROM ONE ZONING DISTRICT ANO PLACING IT IN ANDTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMDNG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EOEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located east of Franco Road, north of Laurel Orive from the Rural District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. / ATTEST: 1 /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.) 1 Majestic Oaks CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-87 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 R1-13.5 District. Section and hereby isoremoved from athe tRural rDistrict oposal sand rshall eby dbet included ed and hhereafterain the land shll e ++' R1-13.5 District, and the legal aescriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 4, 1987, entered into between All-Land Corporation, a Minnesota Corporation and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between RObert H. and Joann M. Blunt, husband and wife, and the City of Eden Prairie, dated as of August 4, 1987, which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST Prairie READ at a day of July�,11987,aeandn9 of finallye City read Council adoptede andCity of Een ordered published at a regular meeting of the City Council of said City on the 4th day of August, 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 The north 328.0 feet of the south 748.0 feet of the west half of the southwest quarter of the northeast quarter of Section 5, Township 116, Range 22, Hennepin County, Minnesota. • • • ,<U Majestic Oaks DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by All-Land Corporation, a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to R1-13.5 for five (5.0) acres and Preliminary Plat of five acres into 11 lots and road right-of-way for construction of 11 single family homes, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #33-87, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated June 29, 1987, reviewed and approved by the City Council on July 7, 1987, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 5. Concurrent with street and utility construction on the property Developer agrees to construct an eight-foot wide bituminous trail,in accordance with City specifications, along the east side of West 168th Avenue, as depicted on Exhibit 8, attached hereto. ;�t1 J Majestic Oaks OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN ALL-LAND CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1987, by and between Robert H. and Joann M. Blunt, husband and wife, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #33-87 changing the zoning of the property owned by Owner from the Rural District to the R1-13.5 District, as more fully described in that certain Developer's Agreement entered into as of August 4, 1987, by and between All-Land Corporation and City, Owners agree with the City as follows: 1. If All-Land Corporation fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, Owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Carl J. Jullie, City Manager Majestic Oaks Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-219 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 33-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 33-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of.August, 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. 33-87, 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. 33-87 shall be recorded in the ordinance book, along with proof of publication required,by paragraph 8 herein, within 20 days after said publication. ADOPTED by the City Council on August 4, 1987. Gary D. Peterson, Mayor ATTEST: John 0. Frane, City Clerk Majestic Oaks Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 33-87 AN OROINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZDNING 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 east of West 168th Avenue, South of Manor Road, from the Rural District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the _ day of , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) Timber Creek North CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 34-87-PUD-6-87 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 o IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 r WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development 6-B7- RM-6.5-R1-13.5 District (hereinafter "PUD 6-87-RM-6.5-R1-13.5"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 4, 1987, entered into between Timber Creek North Partnership, a Minnesota general partnership, and the City of t. Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 6-87-RM-6.5-R1-13.5, and is hereby made a ( part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 6-87-RM-6.5-R1-13.5 is not in conflict with the goals of the Guide Plan of the City. B. PUD 6-87-RM-6.5-R1-13.5 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of ,t, the City Code, which are contained in PUD 6-87-RM-6.5-R1-13.5, are justified by the design of the development described therein. D. PUD 6-87-RM-6.5-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is. feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby Planned Unit remove UnitDevel the opment6-87-RM-6.5-R1-13.5nDistrict,d shall band�theulegalded hdescriptionstof land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section Definitions Applic City able to the Chapter City eCode Including Penalty afor PViolation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. 4 Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of July, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of August, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of t a r EXHIBIT A w 4 r yyy G� _ .r7�wJJ .r7��S Cdut L$ «°� «�C�.S2«FFO�OW�NN,'ION.�O O U V O U V`u ` d✓ C F L.O U O p°p O O.!W O Y W W W.1 W W 0.^ OLt« « ..9 O C. O.^; J„.w U1 V•., :s.t ,s U U it �J L a C .. . .K°u=C C C C J Y IlittziliiliTi 5 .r~-. N7 OO =9^'z L LWW _O , ,4 19^ LW'zWC09inyN4.4,. 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O y rJ W W W e« «««« c f-. of = V W� 0 G L.C�.�.^F E g N �-. d NN p s n' u� Yy`SOC Oz.. .O ° G .Z W UO UY AwOSN U...y.•.... -ays q 5/ JJJ��� q p L VVNII p{�E Y S Y :: ++0 U C i 6 O;]2 O = .001 Q t 00 „ El,.0 W S Y.1w L.L,w w y r° • z z�a��dp0 0 � � gT O r L.: 01.17,0LC O U poLJp O 2a0 `O e0 t L L u .U-. ti 0_, r.qC yC yC5 NDNC; tn•N «Z LL�X °0'�p `�0Z i�N p§ Z N ,..2 02wY E�6 NF�^l.v.P. 5 p Z L«2 u 2 F u L cO(�yY�]U Q J .Z iW aY..O��p^)ti.. 3 = ° 5^ €O La .L ° L S' C+ij a D_ O W u5 dN W W EY.iYYuy, ..Y c: e`,LL. `�o0,.t.W" r v�05-r. o m 3 g0 'yY'^mu�w�w�w�ss��` 002 5 ¢[� CC CYLd O J �y amtlF Web { g` y L y�L U G ¢ y .G+�9` W O d' N d 4 g d 9 9 e��° �l O n ..°1 3.d29d . «Nt6- to LL F r*p $9°�tlroeL'�p555tQ L' nom L LN, 0o C N « ... zoo- '. 06r.. 99 >.Y y L. 6 u5 jYv+ne �d, • ���u i.aodg�o w 64 L y C p0pNaa..msd{W� m 6G((a 6€A JWtl 0 u Y�j6''FppG5 ~ C W O IiHRiiiiiiI11 j j j «Y .3r «Q d°2s_ 5 g e�6 N N j C. ,, Y ):J. ~. ; . j Timber Creek North DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Timber Creek North Partnership, a Minnesota limited partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan , Amendment from Low Density Residential to Medium Density residential on 14.9 acres and from Public Open Space to Low Density Residential on three acres, Planned Unit Development Concept Amendment on 162 acres, an overlying Planned Unit Development District Review (PUD 6-87) on 89 acres, Zoning District Change from Rural to RM-6.5- PUD-6-87 on 14.9 acres and from Rural to R1-13.5-PUD-6-87 on 44 acres with variances through PUD 6-87, and Preliminary Plat of 89 acres into 110 lots, three outlots, and road right-of-way for construction of 40 single family detached units and 68 multiple family townhouse units, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said y. acreage hereinafter referred to as "the property;" NOW, THEREFORE; in consideration of the City adopting Ordinance #34-87-PUD- 6-87, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated July 7, 1987, reviewed and approved by the City Council on July 7, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by )j) r Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer agrees that, concurrent with, and as part of the final plat, Developer shall: A. Dedicate Outlot 8 to the City for purposes of preservation. B. Depict on the final plat the locations of permanent and temporary access points to C.S.A.H. #62, as approved by the Hennepin County Department of Transportation. Developer agrees to obtain all necessary permits for said access points from the County. C. Dedicate the necessary right-of-way for C.S.A.H. #62 (Crosstown Highway) and Townline Road, as required by Hennepin County Department of Transportation and the City. D. Indicate the area shown as "proposed" Conservancy Area of Purgatory Creek, as depicted in Exhibit 8, attached hereto, as being covered by a drainage and utility easement. 4. Prior to release by the City of the final plat, Developer shall submit to the City an executed scenic easement over that portion of the property within the "proposed" Conservancy Area of Purgatory Creek, as depicted in Exhibit 8, attached hereto, said easement as { depicted in Exhibit D, attached hereto, and made a part hereof. Developer further agrees to file said easement on the property at Hennepin County and to provide proof of filing to the City prior to release of the final plat by City. 5. Prior to release by the City of the final plat, Developer shall donate Outlot A to the Eden Prairie Foundation for purposes of protection and preservation of the Purgatory Creek Conservancy Area, depicted as Outlot A in Exhibit B, attached hereto, and provide proof of such donation to the City prior to release by City of the final Flat. 6. Prior to issuance of any grading permit upon the property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Said plans shall include, but not be limited to: A. A looped twelve-inch (12") watermain through the property, with a six-inch (6") water main extended to service the site. The water line located in Mallory Lane as depicted in Exhibit B, attached hereto, shall be extended to the existing six-inch (6") line in Creek View Lane, east of the property. B. Appropriate design of the storm water drainage system I f involving the ponds on the property as depicted in Exhibit B, attached hereto, in order to control the flow of additional storm water run-off on the property. C. Appropriate design of the storm water drainage system to allow for minimum impact of storm water run-off from the property from the existing pond along the eastern boundary of the property to the Helmer 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. 7. Prior to issuance of any grading permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of: A. A detailed grading plan for each of the single family lots located adjacent to the knoll within Outlot B and lots adjacent to the flood plain area, all as depicted in Exhibit B, attached hereto, indicating that the specific grading plans for each lot are consistent with the overall grading plan as depicted in Exhibit B, attached hereto. B. A detailed plan for the retaining wall locations on the property, indicating the height and location of all such walls. (Developer acknowledges that any wall greater than four feet in height will require issuance of a building permit.) Upon approval by the Director of Planning, Developer agrees to implement said plans, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 8. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. D. Prior to issuance of any grading permit upon the property, Developer shall submit to the Director of Planning, and obtain the Director's approval of, a tree replacement plan for 158 caliper inches of trees which are planned to be removed from the property due to construction on said property as approved by City. Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of bonding for the work to be completed as part of the tree replacement plan in diti Exhibit D, Tree Replacement rPolicy,w�attached ehereto rms dand nmadeoaspart hereof. Upon approval by the Director of Planning, Developer agrees to '. implement said tree replacement plan, in accordance with the tree replacement policy of the City, attached hereto as Exhibit D. 10. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and obtain the Director's approval of a tree inventory of those trees within and 25 ft. outside of the construction area, which are not planned to be removed by construction on the property as approved by City, 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. 11. Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to obtain City approval of said measures. Developer agrees that said protective measures shall include, but not be limited to: A. Grading shall be confined to that area of the property within the construction limits. B. Snow fencing shall be placed at the construction limits within the wooded areas of the property prior to any grading upon the property. C. City shall perform an on-site inspection of said protective measures on the property by the City. Developer shall contact City for said inspection. Developer agrees that defects in materials and workmanship in the implementation of said measures shall then be determined by the City. D. Defects in materials or workmanship, if any, shall be corrected by Developer. Developer agrees to call City for reinspection of the implementation measures, and to obtain approval 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. 12. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall: A. Submit to the Director of Planning, and obtain the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Said plan shall indicate that the trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than three inches (3") in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. B. Prepare and submit to the Director of Planning, and obtain ( the Director's approval of a written estimate of the costs i of the reforestation work to be completed. a., C. Submit a bond, or letter of credit, guaranteeing completion of all reforestation work as approved by the Director of Planning. Developer agrees that the amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all reforestation work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. 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. 13. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Building Department, and obtain the approval of the Building Department, for detailed plans for the following: A. Retaining walls for the property, as depicted in Exhibit B, attached hereto. (Developer acknowledges that any retaining wall greater than four feet in height shall require a building permit.) B. The sound barrier proposed to be located at the most eastern entrance from C.S.A.H. #62 (Crosstown Freeway) to the property for purposes of mitigating the noise from the Crosstown Freeway to the multiple residential area in order that the noise levels not exceed standards acceptable to the State of Minnesota Department of Transportation. ' Upon approval by the Building Department, Developer agrees to construct said retaining walls concurrent with the grading on the property. Developer agrees to construct the sound barrier prior to issuance of any occupancy permit for units on Lots 45-50, Block 5, of the multiple residential area, as depicted in Exhibit B, attached hereto. Developer further agrees that all such construction shall be completed in accordance with the terms and conditions of Exhibit C, attached hereto, as approved by the Building Department. 14. 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 landscape plan for the 85 ft.-wide buffer area between the multiple family residential units and the single family residential units on the property which shall include, but not be limited to additional coniferous plantings and berming in order to buffer the differing uses from each other. B. An overall signage plan for the property, which shall include, but not be limited to: 1. Details regarding the size, shape, location, • materials, colors, etc. for the directional, entry, and monument signs for the property. 2. Details regarding the signage program which shall include the information listed in item 14.B.1. above, and which will provide details about signage to be located on the boundary between the single and multiple family portions of the property indicating to the single family residential neighborhood that a portion of the property in the location depicted in Exhibit B, attached hereto, has been approved for future medium density development. 3. Details of maintenance for the signage on the property. The future homeowners' association for the multiple residential portion of the property shall be responsible for the maintenance of the entrance monument designated for Dutlot C as depicted in Exhibit B, attached hereto. C. An overall lighting plan for the property, which shall include, but not be limited to, street lighting to be installed utilizing cut-off, downcast luminars, no greater than eighteen feet in height, location and details of design of any wall-pack lighting on structures, any lighting of signage, any parking lot lighting, etc. D. An overall plan for the building materials to be used on the multiple family residential structures of the property. Details of said plan shall include, but not be limited to colors, textures, locations of use of materials, etc. Upon approval by the Director of Planning, Developer agrees to implement said plans in accordance with the terms and conditions of Exhibit C, attached hereto, as approved by the Director of Planning. 15. With respect to the single family portion of the property as depicted in Exhibit B, attached hereto, Developer agrees as follows: A. All single family residential units to be construted adjacent to the knoll on the property shall be designed as tuck-under units in order to preserve the knoll as much as possible. B. Developer shall install the signage discussed in 14.8.2. above prior to issuance of any building permit by the City i? for any single family residential unit in the adjacent area as depicted in Exhibit 8, attached hereto. 16. With respect to the multiple family residential portion of the property as depicted in Exhibit 8, attached hereto, Developer agrees as follows: A. There shall be no less than a 25-ft. front yard setback from structures to the right-of-way for the units on the inside radius of Timber Creek Circle. B. There shall be no less than a 20-ft. setback from the structures to the right-of-way for the units on the outside radius of Timber Creek Circle. C. There shall be no less than a 20-ft. setback from the structures to the curb line for the units on the private street in the multiple residential portion of the property. D. No parking shall be allowed within the Timber Creek Circle right-of-way. E. The first multiple family units to be constructed shall be within Lots 7-12, Block 6, and Lots 17-22, Block 5, as depicted in Exhibit B, attached hereto, for purposes of providing clear information to future residents that the townhouse area exists and is approved in its location adjacent to the single family residential area. F. The permanent access to C.S.A.H. #62 must be constructed prior to release of building permits for Lots 31-46, Block 5, of the multiple family residential area of the property, as depicted in Exhibit B, attached hereto. 17. Concurrent with street and utility constructicn on the property, 1 Developer agrees to construct a five-foot wide, five-inch thick concrete sidewalk along the south side of Timber Creek Circle along the front of Lots 14 and 15, Block 3, then southerly between Lot 15, Block 3 and Lot 10, Block 5, then westerly along the rear lot lines of Lots 5-10, Block 5 to the edge of the floodplain where the proposed sewer crossing of the creek intercepts the 100-year flood elevation contour, all as depicted in Exhibit B, attached hererto. Said sidewalks shall be constructed according to the terms and conditions of Exhibit C, attached hereto. 18. Concurrent with street and utility construction on the property, Developer agrees to construct an eight-foot wide bituminous trail, in accordance with City specificiations, between Lots 5 and 6, Block 3, as depicted on Exhibit B, attached hereto. Said trail shall be constructed according to the terms and conditions of Exhibit C, attached hereto. 19. Prior to issuance of any occupancy permits for any of the units on the property, Developer agrees to construct two access points to C.S.A.H. #62 (Crosstown Freeway) in the locations depicted on Exhibit B, attached hereto. Developer and City acknowledge the following: A. That the most eastern access point to the Crosstown Freeway is a permanent access and shall be constructed as such initially. r B. That the middle access point to be constructed by Developer is temporary and that it shall remain as temporary until • such time as a full private and permanent access point is made at the northwest corner of the property and the Crosstown Freeway. At that time, the middle access point will be closed and the sound barrier construction and restoration in this location shall be completed by Developer. C. That the most western access point to the Crosstown Freeway shall be constructed as a permanent private access prior to occupancy of multiple family units on Lots 31-46, Block 5, as depicted in Exhibit B, attached hereto. D. Developer agrees that it shall be the responsibility of the Developer to maintain the temporary access point to the i property from the Crosstown Freeway until all permanent access points are constructed and approved by the City and County for use. 20. As part of the Planned Unit Development #6-87, City hereby grants the following variances to the requirements of Chapter 11: A. Lot width at street frontage for Lot 2, Block 3, of the single family area from 100 ft. to 60 ft. B. Front yard setback for all of Block 6, and Lots 11-18, Block r 5 (inclusive) from 30 ft. to 25 ft. t C. Front yard setback to parking for the parking area serving Lots 5-10, Block 5, of the multiple residential area. Timber Creek North CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-220 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 34-87-PUD-6-87 AND DRDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 34-87-PUD-6-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of August, 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. 34-87-PUD-6-87, 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.D7. 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. 34-B7-PUD-6-87 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 2D days after said publicati>!n. ADOPTED by the City Council on August 4, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk t i771}y�. Timber Creek North CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 34-87-PUD-6-87 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 County Road #67, west of Creek View Lane, north of Purgatory Creek, from the Rural District to the PUD-6-87-RM-6.5-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. t 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.) hJv Mount Curve Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 35-87 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. Sectremoved from on the 2. That action as duly initiate theRM-6.5 District and beplacedintheR1-13.5pDistrictat the land be Section 3. That the osal be, and hereby is removed from the RuralrDistrictsandreb shallded betincludedandhe hereafterlandall in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11,99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 4, 1987, entered into between Mount Curve Developers, a Minnesota general partnership, apd 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 7th day of July, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of August, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A Guide Plan Amendment from Medium Density Residential to Low Density Residential Rezoning - That part of the East 347.9 feet as measured along the South line of the North 1235.58 feet as measured along the East line of the Northeast 1/4 of the Northwest 1/4 of said Section 25, lying South of the Southerly right-of-way of Mount Curve Road. • Platting - That part of the East 463.5 feet as measured along the South line of the North 1235.5E feet as measured along the East line of the Northeast 1/4 of the Northwest 1/4 of said Section 25, lying South of the right-of-way of Mount Curve Road. • • Mount Curve Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1987, by Mount Curve Developers, a Minnesota general partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Amendment from 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 acre, and Preliminary Plat of 3.13 acres into five lots fur construction of four single family lots, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #35-87, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated May 18, 1987, reviewed and approved by the City Council on July 7, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. , Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by #. Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Developer agrees to be responsible for all of the costs of materials (estimated to be approximately $2,500.00) to install a storm water drainage outlet from the low area east of Franlo Road to the storm water drainage system located at the intersection of Franlo Road and Laurel Drive. The City agrees to install the materials using City employees and equipment. City recognizes that the Jay Wallace Addition has some responsibilities in this storm water drainage outlet project as well. A similar requirement of the Jay Wallace Addition may reduce the cost to the Mount Curve Addition. 4. Developer agrees to execute agreement(s) covering access and maintenance for the driveway on proposed Lots 1, 2, and 3, as depicted in Exhibit B, attached hereto. Developer agrees to file said access and maintenance agreement(s) on said Lots 1, 2, and 3 of the property and to provide proof of filing of said agreement(s) prior to release by the City of the final plat. 5. Prior to issuance of any grading permit upon the property, Developer shall submit to the Director of Planning, and receive the Director's approval of an amended grading plan which shifts the building on proposed Lot 1, as depicted in Exhibit B, attached hereto, approximately ten feet to the north in order to remove the grading from the drip line limits of the 32-inch oak tree on the property. Upon approval by the Director of Planning Developer agrees to implement said amended grading plan, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 6. 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. 7. Prior to issuance of any permit for grading upon the property, Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to receive City approval of said measures. Prior to approval by the City, the Developer must call for on-site inspection of the property by the City, and defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Defects in materials or workmanship shall then be corrected by the Developer, reinspected and approved by the City prior to issuance of the grading permit b the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. 8. Developer agrees to confine grading to that area of the property within the construction limits as shown on Exhibit B. Developer shall place snow fencing at the construction limits within the wooded areas of the property prior to any grading upon the property. 9. Prior to issuance of any grading permit, Developer shall submit to the Director of Planning and receive the Director's approval of a tree inventory of those trees within the construction area and within 25 ft. outside of the construction area, indicating the size, type, and location of all trees twelve (12) inches in diameter, or ( greater, at a level 4.5 feet above ground level. 1 If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall submit to the Director of Planning, and receive the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Developer further agrees that said trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than 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, Developer agrees that, prior to issuance of any building permit, Developer 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. Developer agrees to prepare and submit for approval to the Director of Planning a written estimate of the costs of the tree replacement work to be completed. Upon approval by the Director of Planning, Developer shall implement those improvements listed above in said plans, as approved by the Director of Planning. 10. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct those improvements listed above in said plans, as approved by the City • Engineer, in accordance with Exhibit C, attached hereto. 11. City and Developer acknowledge that the previous developer's agreement for the development of the property, dated June 17, 1986, by and between the City of Eden Prairie, a municipal corporation, and Mount Curve Developers, a general partnership, is hereby null and void and in no further force, or effect, and that this agreement, along with the conditions and exhibits contained herein, supercedes the June 17, 1986, agreement. Mount Curve Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-221 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 35-B7 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 35-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of August, 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. 35-87, 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 Drdinance 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. 35-87 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 August 4, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Mount Curve Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 35-87 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 southwest corner of Franlo Road and Mount Curve Road from the RM-6.5 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.) • Edenvale Executive Center II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 36-87-PUD-7-87 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 Planned Unit Development 7-87- I-2 District (hereinafter "PUD 7-87-I-2"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of August 4, 1987, entered into between Welsh Companies, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"), and that certain Supplement to Developer's Agreement dated as of August 4, 1987, entered into between the Equitable Life Assurance Society of the United States and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 7-87-I-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 7-87-I-2 is not in conflict with the goals of the Guide Plan of the City. B. PUD 7-87-I-2 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 7-87-I-2, are justified by the design of the development described therein. D. PUD 7-87-I-2 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 7-87-I-2 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and • Definitions Applicable to the Entire City Code Including Penalty for Violation" and `. Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their Irentirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 7th day of July, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 4th day of August, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of • • • • • EXHIBIT A P.U.D. Concept Amendment Outlots A, B, C, & E, Edenvale 9th Addition, Hennepin County, Minnesota Lots 1 & 2, Block 1 Edenvale Executive Center, Hennepin County, Minnesota Lot 1, Block 1 Edenvale Executive Center Two,"Hennepin County, Minnesota Lots 1 & 2, Block 1, Edenvale Executive Center Three, Hennepin County, Minnesota P.U.D. District Review Zoninv from Rural to I_2 Preliminar Plat (Outlot E. Edenvale 9th Addition, Hennepin County, Minnesota a L Edenvale Executive Center II DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Welsh Companies, Inc., a Minnesota corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment on approximately 100 acres, Planned Unit Development District Review on 15.5 acres, with a variance to allow up to 60% office use on the property, Zoning District Change from Rural to I-2 Park-PUD-7-87, and Prelimnary Plat of 15.5 acres i into one lot for construction of three, one-story office/warehouse buildings totalling 172,907 sq. ft., 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 #36-87-PUD- 7-87, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: • 1. Developer shall develop the property in conformance with the materials revised and dated June 3D, 1987, reviewed and approved by the City Council on July 7, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. 1 Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and receive the City 3 Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. jj Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit -'. C, attached hereto. 4. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning, and obtain the Director's approval of the following: A. An overall plan for the exterior materials to be used on the buildings, depicting the use of rock face block and brick within the interior loading facilities, with details including, but not limited to materials, colors, textures, etc. Said plan shall indicate that brick is extended to the first loading bay from each driveway entrance. B. An overall signage plan, with details including, but not limited to, materials, colors, textures, lighting of signs, location of signs, etc. Upon approval by the Director of Planning, Developer agrees to implement those plans listed above, in accordance with the terms and conditions of Exhibit C, attached hereto, as approved by the Director of Planning. ( 5. Developer and City acknowledge that there are no mechanical units proposed on the roof of the structures at this time. In the event that any mechanical units are placed on any roof, Developer agrees to screen said units in accordance with the requirements of City Code and that the effectiveness of said screening shall be determined by field inspection and approval by City Staff. 6. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 7. City hereby acknowledges that, through PUD 7-87, Developer is granted a variance to the requirements of City Code Chapter 11 to allow up to 60% office use within the 172,907 sq. ft. of structure(s) on the property. Edenvale Executive Center II OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN WELSH COMPANIES, INC. ANO THE CITY OF EOEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1987, by 1 and between Equitable Life Assurance Company of the United States, a New York corporation, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #36-87- PUO-7-87 changing the zoning of the property owned by Owner from the Rural District to the PUO 7-87-I-2 District, as more fully described in that certain Developer's Agreement entered into as of , 1987, by and between Welsh Companies, Inc., and City, Owners agree with the City as follows: 1. If Welsh Companies, Inc., fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property; owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Carl J. Jullie, City Manager 1_J�i • Edenvale Executive Center II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 67-222 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 36-67-PUD-7-67 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 36-67-PUD-7-67 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of August, 1967; 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. 36-67-PUD-7-67, 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. 36-67-PUD-7-67 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 August 4, 1967. Gary D. Peterson, Mayor ATTEST: • John D. Frane, City Clerk 1 Edenvale Executive Center II t CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 36-87-PUD-7-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE 1 ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LANE; IN EACH DISTRICT, AND AOOPTING BY REFERENCE CITY COOE 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 Valley View Road, between Equitable Orive and Executive Drive from the Rural Oistrict to the PUD-7-87-I-2 Oistrict, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane is/Gary D. Peterson City Clerk Mayor PUBLISHEO 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.) t E MEMO TO: Mayor and City Council FROM: David Lindahl, Assistant Planner • THROUGH: Chris Enger, Director of Planning DATE: July 24, 1967 RE: CDBG JOINT COOPERATION AGREEMENT The Joint Cooperation Agreement executed by and between Hennepin County and the City of Eden Prairie to establish the Urban Hennepin County Community Development Block Grant program expires October 1, 1967. For the City to continue its participation in the program, it is necessary to execute a new agreement to cover the next three years. It is therefore necessary for the Council to act by resolution to authorize the Mayor and City Clerk to execute the Joint Cooperation Agreement. Action on the agreement at this time will be binding for three years, and will make the City a partner in the Urban Hennepin County CDBG program for federal fiscal years 1988, 198g, and 1990. There are two changes from the Joint Cooperation Agreement in effect since 1964. { One is the inclusion of the current administrative policy limiting the number of activities to three per community per year and each to a minimum of $7,500. Exceptions to, this are in cases where planning allocation are less than $7,500, then only one activity should be programmed, and when funds are committed jointly with other participants to carry out a single activity. The new agreement also includes a new provision for crediting program income back to the communty from which it originates for reprogramming to eligible and fundable activities. Program income has previously been sent directly to the County Discretionary Account and was available to all CDBG participating communities within Hennepin County through the discretionary process. Based on previous experience with the CDBG program, Staff feels these changes are reasonable and acceptable. • `, Community Development Block Grant Program CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-223 • A RESOLUTION TERMINATING PREVIOUS JOINT POWERS'AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF EDEN PRAIRIE FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING EXECUTION OF A NEW AGREEMENT BETWEEN CITY AND HENNEPIN COUNTY WHEREAS, the City of Eden Prairie, Minnesota, and the County of Hennepin have in effect a Joint Cooperation Agreement, County Contract No. 40424, for the purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant program; and, WHEREAS, the City and the County wish to terminate the Agreement and execute a new Joint Cooperation Agreement, County Contract No. 70466, in order to reconstitute the Urban County for purposes of the Community Development Block Grant program; NOW, THEREFORE, BE IT RESOLVEO BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: That the current Joint Cooperation Agreement between the City and the County, County Contract No. 40424, be terminated effective September 30, 1987, and a new Joint Cooperation Agreement between the City and the County, County Contract No. 70466, be executed effective October 1, 1987, and that the Mayor and the City Clerk be authorized to sign the Agreement on behalf of the City. ADOPTED by the City Council on August 4, 1987. i' Gary D. Peterson, Mayor • ATTEST: John D. Frane, City Clerk l�f )J CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-224 RESOLUTION APPROVING THE PRELIMINARY PLAT OF WYNDHAM CREST FOR BURL CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Wyndham Crest for Burl Corporation, dated June 9, 1987, consisting of 27.9 acres into 25 single family lots, one outlot, and road right-of- way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 4th day of August, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk STAFF REPORT ( TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: July 24, 1987 PROJECT: Wyndham Crest LOCATION: West of Purgatory Creek, east of Tristram Way ' APPLICANT: Hurl Corporation FEE OWNER: Joseph Dolesji REQUEST: 1. Zoning District Change from Rural to R1-13.5 on 19.9 acres. 2. Preliminary Plat of 27.9 acres into 25 single family lots. Background =' = in This is a continued item from the Z�� `• �'- �i June 22, 1987, Planning Commission / , meeting. The Planning Commission :.1'�'' R1-y.5' PROPOSED SITE_ recommended that the plans be 1C f �t� ( :i .' returned to te proponent for the Ler_ ; - following additional information 1l,;'� :�i�:�.*�►'• ► ►�.�o• l and/or revisions: (14 .••..�. `'r. • 1. Explore the possibility of a Ilk, • :,e.:•.•.•:•:•:••p:**"., i through-road connection to �'�'����' ���� 1 Chennault Way. If this is .� �` ♦....��••�l.' I / ' not possible, explore the 1t1lb possibility of a road \ —. ♦ connection to the south °' R1 13.5 RM-6.5� '4 J through park property to far Dell Road. IBILLGAI 2. The development of lots 11 L i {� • adjacent to the floodplain 1°'�' R _9. " to be above the 100-year -.f 1 flood elevation. R. PUB `h� 3. Explore development alter- ,'"'ik`-ab". • / "� 0 .-, natives which would save N.r� ��6 - more of the existing trees �� ► on-site. ' t ,,� AREA LOCATION MAP 4-1 i Wyndham Crest 2 July 24, 1987 Since the last meeting, the developer has supplied the City Staff with soils and topographic information which indicates that it is not practical to extend the road to the northwest to Chennault Way. The road extension to the south through City Park property to Dell Road is also not practical due to poor soil conditions. The Director of Community Services has reviewed the possibility of grading a 20-foot wide pad to accommodate emergency vehicle access from the south and has indicated that this also would not be practical due to soil conditions. The 100-year floodplain elevation is at 875. The City's floodplain Ordinance would require that the basement elevation of all structures adjacent to flood plains be a minimum of 1 foot above the 100-year flood elevation. All of the lots exceed the elevation by a minimum of 2 feet. The initial tree inventory prepared by the proponent was based on a total of 3,600 total caliper inches and the 68% tree loss was high compared to an average 35% tree loss for 18 other residential projects currently subject to tree replacement. The initial tree inventory only surveyed trees within the construction limits and did not take into consideration the total trees contained on-site. The updated tree inventory now depicts a total of 5,178 caliper inches and a proposed tree loss as indicated by the proponent at 26%. This tree inventory has been reviewed by the City Forester for recommendation and an additional 252 caliper inches are expected to be lost due to construction meaning that the actual tree loss will increase to 32%. It is important to note that in order to maintain the 32% tree loss, extensive use of retaining walls are proposed in various locations on-site. In order to assure that the retaining walls are built according to plan, to save the trees on the property, the developer must be responsible and therefore construct the retaining walls on the individual lots concurrent with street construction. If no retaining walls are built or if the retaining walls are not installed according to the proposed plan, up to 450 additional caliper inches of trees would be lost due to construction. It should be pointed out that of the 5,178 caliper inches surveyed, 2,200 caliper inches, or 42% of the site, are mature oak trees. Of the 2,200, caliper inches of s, or i oak n whichemore of ed, hecal akrtreesecould be%, would retainedbe on-sst site due to would cbestuction.ardifferentAroway ad location and/or larger lot sizes. Preliminary Plat The preliminary plat depicts the subdivision of 27.9 acres into 25 single family lots at a gross density of 0.89 units per acre and a net density excluding Outlots A and B of 1.88 units per acre. All of the lots meet the minimum lot size requirements for R1-13.5 zoning. Proposed Lot 1, Block 3, and proposed Lot 1, Block 2, do not meet the minimum street frontage requirement of 100 feet. The plat should be revised to reflect the minimum 100-foot requirement. The Code requires a minimum street frontage on both streets of 100 feet for corner lots. All of this site lies within the conservancy area of the Purgatory Creek study. The developer is proposing as a mitigating measure for development within the conservancy the dedication of Outlots A and B, totalling 14.7 acres. This represents approximately 50% of the total land area. All of this area is floodplain. There is floodplain on many of the lots, and is identified on the plat as a drainage utility easement. The developer should prepare a conservancy easement > I Wyndham Crest 3 July 24, 1987 document for that portion of the lots contained within the 100-year floodplain so that no grading or development would occur in order to retain the natural character of the land. Grading Extensive grading will occur within the developable portion of this site outside of the 100-year floodplain. Grading will result in the loss of trees which would be subject to tree replacement which will be addressed in the following section. The developer is proposing at this time to only grade the streets. Tree Replacement The amount of tree replacement required for this site would be 921 caliper inches. Prior to the release of the final plat, the developer must furnish the City with a tree replacement plan for 921 caliper Inches and the bond covering 150% of the cost of the implementation of the plan. The amount of tree replacement is based upon compliance with the proposed grading plan. In order to assure compliance with the grading plan as proposed, the developer should be constructing the proposed retaining walls concurrent with street construction as indicated on the proposed plan and prepare a set of restrictive covenants which would require the individual builders of the lots to build in accordance with the approved grading plan. These restrictive covenants have been proposed by other developers with wooded lots. Utilities Sewer and water service is available by connection to existing facilities within Tristram Way. Storm water run-off is proposed to drain through 2 outlet pipes into the flood plain area of Purgatory Creek. Review of the street, utility, and drainage plans would be subject to approval by the City Engineering Department and the Watershed District. Trails The Director of Community Services has indicated that the developer will be responsible construction 8-foot bituminous trail thi �tgTtl eventually connectup to theproposedtralsfromtheCtyParktohe south of the property. STAFF RECOMMENDATIONS { The Staff would recommend approval of the request for Rezoning from Rural to R1-13.5 and the Preliminary Plat of 27.9 acres into 25 single family lots based on plans dated July 9, 1987, and subject to the recommendations of the Staff Report, dated July 24, 1987, and subject to the following conditions: I• Prior to Final Plat approval, proponent shall: A. Submit a tree replacement plan for 921 caliper inches and the bond covering 150% of the cost of installation. B. Revise the plat to meet the Ordinance frontage requirement of 100 feet for Lot 1, Block 3, and Lot 1, Block 2. i ;, ] 1 Wyndham Crest 4 July 24, 1987 11 C. Submit detailed storm water run-off, utility, and erosion control i plans for review by the City Engineer. D. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. E. Dedicate to the City free and clear of all liens, encumbrances, and mortgages Outlot A and B as depicted on the preliminary plat. F. Prepare conservancy easement documents for that portion of the floodplain contained within the lots as a perpetual easement to the City. The documents are to be filed and recorded prior to the release of the final plat. G. Prepare a set of restrictive covenants for each of the lots that would require that future development be in compliance with the i grading plan and tree loss as proposed. These documents are to be filed and recorded with the final plat. H. Developer shall furnish the City with detailed plans of the retaining walls proposed on the grading plan. Details shall include the height, type of materials, and method of construction. Developer shall also furnish the City with a bond covering 15D% of construction. ( 2. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Stake the proposed grading limits with a snow fence. Any trees lost outside of the proposed construction area would be replaced on a caliper inch per caliper inch basis. The snow fencing shall be installed concurrent with street construction and shall remain on the property in the proposed location until'after the occupancy permit has been issued on a lot by lot basis. C. Submit evidence of filing and recording of conservancy easements and restrictive covenants. 3. Developer shall be responsible for the construction of an 8-foot bituminous trail concurrent with street construction on Outlot B to City standards. 4. Developer shall be responsible for the construction of all proposed retaining walls concurrent with grading and street construction. O 7/ Planning Commission Minutes 4 June 22, 1987 111, D. WYNDHAM CREST, by Burl Corporation. Request for Zoning District Change from Rural to R1-13.5 on 19.9 acres, Preliminary Plat of 27.9 acres into 25 single family lots, I outlot, and road right-of-way. Location: West of Purgatory Creek, east of Tristram Way. A public hearing. Planner Franzen told of meeting with the proponents on June 1Bth to discuss the major concerns that the Staff has with this project. The developer has agreed to provide the Commission with the following; 1. Provide soil tests and topographic information in order to analyze the through-road connection. 2. Provide a more complete tree inventory and look at different road and house pad locations to save more trees. Currently, 2,400 inches, or 68%, would be lost with the plan as proposed, and most of the trees are of the oak variety. 3. As a potential mitigating measure for development within the Purgatory Creek Conservancy Area, dedicate all land within the 100- year flood plain. This would amount to 15 Of the total 27 acres within that area. 4. Revise the grading and lotting patterns to keep grading out of the flood plain and to provide more buildable land area per lot. Don Patten, proponent, stated that the road access, trees, and lot sizes are the issues. Bye expressed concern about building so close to a flood plain and potential flooding and asked that this issue be thoroughly addressed. Chairman Schuck indicated that road access and tree loss appear to be two primary issues. He added that it appeared that the amount of tree loss is high and that the development as proposed may be too intense for this area. Fell expressed concern for a second access to the site and asked Staff to look at potential access to the south in the event that the road could not be extended back to Dell Road. 11 �; I Planning Commission Minutes 5 June 22, 19B7 MOTION: Motion was made by Hallett, seconded by Anderson, to continue the public hearing to the July 27, 1967, Planning Commission meeting pending resolution of the design issues raised at this meeting and directed Staff to publish the item for the City Council meeting on August 4, 1987. Motion carried--6-0-0 V. OLD BUSINESS None. VI. NEW BUSINESS Hallett asked Staff for an update on development plans for the southwest section of Eden Prairie. Staff will provide Planning Commission with an update of development plans in the near future. VII. PLANNER'S REPORT None. _ VIII. ADJOURNMENT Chairman Schuck adjourned the meeting at 9:00 p.m. STAFF REPORT TO: Planning Conmission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: July 10, 1987 PROJECT: Especially For Children LOCATION: South of Townline Road, east of Dell Road APPLICANT: Especially for Children FEE OWNER: Derrick Land Company REQUEST: 1. Site Plan Review within an existing Neighborhood Commercial zoning district on 1.29 acres. 2. Planned Unit Development (PUD) District Review on 50.2 acres with variances for sideyard parking setback. ` ` IIII .. H I + ,' -4 / , Background �4�'0 N COMA �`` . ���; „ :::F"--PROPOSED SITE, i ( This site was previously zoned � R1-9.5' � / Neighborhood Commercial as part of a -a,1111111a=c ua►w /� t i� 4-acre Commercial area in the 1986 = F'""'�''' ' t ``i` ' R Hidden Glen North PUD. Todate, a =,i,,` , ` �`\ strip retail center has been �� 'idi (� N, .,.,F constructed on the property to the .�i. north of this site. The 'PUD '` iy f' ,. • �\; 1.il+r, :' envisioned this site fora daycare R r.,: use. The site was zoned toLB" t41) 011.44. ' � �,/ 1 Neighborhood Commercial based upon _ r I i the condition that the future \: , developers return to the Planning `,i2,..'• ,h,„; RM-6.51 Conmission and City Council for a i" " R1-13'5 site plan review, and based upon �—R{1 � t ` conditions that the structure be '` slam'sda architecturally compatible with the 2 t �'� _ use on the northern lot including, ?. '`S '' ? but not limited to, the use of e +„ — :R, 9. z ---.-'j exterior materials, signage, shape 1' — " t ' / of structure, etc. In addition, the N1 RBI , . R1e1 ; PL plans for the future use on the m '��,an,0s, sga / .+% Vt+11Rf south neighborhood commercial lot �.', .". shall include buffering and land use 2 i ��;06 � transition to the south and east k % ' t residential portions of the II� { . (r property. F-' c- --sit i d��,y' _i--/ 4 AREA LOCATION4` MAP ci Especially For Children 2 July 10, 1987 Site Plan The site plan depicts the construction of a one-story, 8,848 square foot daycare center on 1.29 acres of land at an overall Floor Area Ratio (FAR) of 0.16. The Neighborhood Commercial zoning district would allow up to a 0.2 FAR. Building and parking areas meet the required setback from street right-of-way. The proponents are requesting an internal lot line setback variance for parking from 10 feet to 0 feet. The setback variance is the result of a common driveway which serves both properties. This site could be developed in compliance with the ordinance for parking setbacks; however, it would require an additional driveway access point onto Dell Road. Since Dell Road was designed as a collector road with minimal intersections, it makes more sense to have two commercial uses utilizing a common driveway. The common driveway aligns directly opposite a future street to the west of the property. Therefore, the request for a variance appears reasonable and could be granted through the PUD District Review by the Planning Commission and City Council. The current City Code does not indicate a specific parking requirement for daycares, but does allow the City Manager to make such a determination where no specific standards exist. Other daycare centers within Eden Prairie have been required to provide a minimum of 3 spaces per 1,000 square feet not including a drive-through. For this size building, 27 parking spaces would be required. 25 actual parking spaces are provided and there is room to add 7 additional parking spaces in the front of the building if demand would warrant it. It has also been required with other daycare centers to indicate proof-of-parking in the event the use was converted to another type of commercial use. The proponents have submitted a proof- of-parking plan based upon the ordinance requirement for general commercial uses at 8 spaces per 1,000. Architecture It was previously required in the developer's agreement for Hidden Glen North that the use on this site would be architecturally compatible with the use on the neighborhood commercial lot. The building on the north commercial lot is constructed primarily out of facebrick and glass with a sloping green metal roof. The architectural plans for the daycare center depict a similar use of facebrick and glass; however, the roof is proposed to be constructed out of asphalt shingles rather than metal panel. The proposed color of the shingles would be a slate blend with some green. Although the roof materials and colors do not exactly match with the commercial use on the northern site, it may be a better transition between the • commercial use to the north, and the future residential uses to the south, since the building is more residential in character then commercial. Grading • This site was previously graded as part of the overall development plan for the Hidden Glen North PUn. The site is relatively level and slopes gradually in an easterly direction from Dell Road. Landscaping ( The landscaping required would be based upon a caliper inch requirement based on building square footage, screening of parking areas from public roads, and transition to future residential land uses to the east and south. The landscape Especially For Children 3 July 10, 1987 Alan meets the caliper inch requirement per City Code. The parking areas are screened by berming and plantings along Dell Road. The transition to the east and south is a continuation of the staggered six-foot high cedar fence (required with the commercial project to the north). Conifers and shade trees have been added to provide the same level of transition that was approved for the commercial use to the north. Staff has recently identified maintenance problems with the existing fence on the commercial use to the north and it is in need of repair, since the fence was constructed of residential grade lumber and the posts not set in concrete. Staff expects that this will be a continual maintenance problem for the developer and a responsibility for the City Staff. In order to avoid a similar situation on this site, it is recommended that the fence be constructed of a commercial grade lumber with a 3/4-inch thickness and that the fenceposts be set in concrete footings. Signage A monument sign is proposed along Dell Road. The ordinance would require a minimum 20-foot setback from street right-of-way. The sign meets the ordinance requirement for height and size. Utilities Utilities are available in Dell Road for sewer, water, and storm sewer. STAFF RECOMMENDATIONS The Staff would recommend approval of the request for Site Plan Review for the { construction of a daycare center on 1.29 acres, and a Planned Unit Development District Review of 50.2 acres with a parking setback variance based upon plans dated June 19, 1987, subject to the recommendations of the Staff Report, dated July 10, 1987, and subject to the following conditions: 1. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Submit plans for review by the Fire Marshal. C. Notify the City and Watershed District at least 48 hours in advance of grading. D. Submit samples of proposed exterior materials for review. E. Submit a revised landscape plan with a fence detail depicting commercial grade construction with 3/4-inch treated wood material. Fenceposts shall be sunk in concrete footings. ( Planning rnmmd csion Minutes -4- July 13, 1987 • C. ESPECIALLY FOR CHILDREN, by Especially for Children, Inc. Request for Planned Unit Development District Review on 50.2 acres with variances with Site Plan Review within the Neighborhood Commercial Zoning District on 1.29 acres for construction of a daycare. Location: South of Townline Road, east of Dell Road. A public hearing. Ed Kodet spoke for the developer and described the plans for the daycare center. Planner Franzen indicated that the developer has met with Staff several times before this meeting and adequately addressed all prior conditions of approval as directed by the Planning Commission and City Council as states in the developer's agreement for Hidden Glen North. Chairman Schuck asked if the screening for transitions was consistent with the shopping center to the north. Planner Franzen replied yes. Bye inquired in the event the use is converted to another use could the site be utilized in accordance with City Code. Planner Franzen responded that a proof of parking plan has been submitted which provides enough parking for other commercial uses per rose. M(71ICN 1: Motion was made by Fell, seconded by Ruebling, to close the public hearing. Motion carried 6-0-0. tilrIGN 2: Motion was made by Fell, seconded by Ruebling, to recommend to the City Council approval of the request of Especially for Children for Planned Unit Development District Review on 50.2 acres, with variances, and site plan review within the Neighborhood Commercial District on 1.29 acres for construction of a daycare facility, based • • on plans dated June 19, 1987, subject to the recommendations of the Staff Report dated July 10, 1987. Motion carried 6-0-0. • „ ).-J a`[ CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-226 RESOLUTION APPROVING THE PRELIMINARY PLAT OF EDENBROOK FOR DAVID HOEL BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Edenbrook for David Hoel, dated June 26, 1987, consisting of 6.2 acres into 13 single family lots, one outlot, and road right-of- way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 4th day of August, 1987. Gary D. Peterson, Mayor ATTEST: • John D. Frane, City Clerk STAFF REPORT ( TO: Planning Commission FROM: Donald R. Uram, Assistant Planner THR UGH: Chris Enger, Director of Planning DATE: July 10, 1987 PROJECT: Edenbrook Addition LOCATION: South of Towline Road, east of Purgatory Creek, west of Woodlawn Heights Addition APPLICANT/ FEE OWNER: David Hoel 1 j REQUEST: 1. Zoning District Change from Rural to R1-13.5 on approximately 5.97 acres. !. 2. Preliminary Plat of approximately 5.97 acres into 13 lots, 1 : outlot, and road right-of-way. t Background I !/ lr — „ j , " NETT I s ."� " 4 This site is currently guided for i sa Ir—•,I;) 1 ,_:\ Low Density Residential land uses as l w• / ;,. nit ... are the adjacent properties with the 1t >. 1 " J `;'.,� t��s exception of the property to the / K - -. -"-`• a` r. west which is guided for Public Open / .-r 0.� ,. ., � �_ Space. Specific land uses in this 5,`4 T+s.• '•i°tA, H'lit• Iti area includes C.S.A.H. #62 and the PROPOSED SITE City of Minnetonka to the north; \1+1'f ,. 4',00.'1 / , thl --/ i Edenbrook Park to the south; �'' ..i .�,n„*° Woodlawn Heights, zoned R1-9.5 to " w.; .- -- the east; and, vacant property, ;r. *: . zoned Rural to the west. The \ / S. "l ya +. proponent is requesting the pre- =. rr' liminary platting of approximately / 5.97 acres into 13 single family RM-6.. i ;+a �� �'III ' lots, one outlot, and road right-of- way. E MI' /-- IF,.,,1-001,, fie/ I . = Site Plan/Preliminary Plat . km ow me ; i MIMI This site is located east of / r ``''� � � •I 'a ■ Wood lawn Heights, south of the , PUB ' 4� I proposed Crosstown Highway, and Rif ( i contains approximately 5.97 acres. ., Of the 5.97 acres, approximately 1/ ;.,'�.J` On i: '% . \ •M■ a ,i. L AREA LOCATION MAP Edenbrook Addition 2 July 10, 1987 0.445 acres is required for road right-of-way. A total of 13 lots is being proposed on the property at a density of approximately 2.18 units per acre which is allowed within the Low Density Residential Guide Plan classification. Lot sizes within the subdivision range from a minimum of approximately 8,930 square feet to a maximum of 17,360 square feet. Average lot size would be approximately 15,244 square feet with the exception of Block 1, Lots 4 through 6, which require lot size variances. Block 1, Lots 4 through 6, would require lot size variances of the following size: Lot Size Variance Lot 4 - 10,800 square feet 2,700 square foot variance Lot 5 - 8,930 square feet 4,570 square foot variance Lot 6 - 10,925 square feet 2,575 square foot variance All of the lots meet the remaining requirements of the R1-13.5 zoning district. As plans depict, these variances are created by the dedication of Outlot A to the City. The reason for this dedication is to allow for the preservation of the Purgatory Creek floodplain. Floodplain/Conservancy Zone In this area, the floodplain elevation is located at the 870 contour elevation and extends into the property in the extreme southwest corner of the site. A very minor amount of fill is being proposed within the floodplain in order to allow for building pads. As Attachment A depicts, 80% of this property is located within the Purgatory Creek conservancy zone. If Staff were to suggest that the Purgatory Creek conservancy zone be adhered to, this property would essentially be undevelopable. In allowing development on this parcel, the nearest point on the property to Purgatory Creek is approximately 1,000 feet with an additional 100 feet to the lots. It is felt that this distance, in addition to the fact that approximately 75% of the property is above the 880 contour elevation, or 10 feet above the floodplain elevation, that the intent of the Purgatory Creek Recreation study is being met. Grading The site slopes in a southwest direction from high points of approximately 898 in the northeast corner of the site and 884 in the northwest corner to approximately 866 in the southwest corner which is within the Purgatory Creek floodplain. Proposed grading on this site would include approximately 10 feet of cut off the high points with approximately 8 feet of fill occuring adjacent to floodplain. A very minor amount of fill is being proposed within the floodplain which is subject to Watershed District approval. Because of the location of the property adjacent to the proposed Crosstown, a six- foot high earthen berm is proposed along the north property line for noise mitigation purposes. The proponent has indicated that a number of evergreen trees will also be planted along the berm to increase the noise buffer. Plans shall be revised to reflect the evergreen plantings. Utilities Water service is available to this site through connections made to an existing 12- inch water main located along the south side of 62nd Street and extended to the i `r Edenbrook Addition 3 July 10, 1987 1 41 south property line. Plans shall be revised to reflect this extension. Sanitary sewer service is proposed to be connected within the City of Minnetonka at a manhole located in Cedar Ridge Pass. An 8-inch sanitary sewer line is proposed to be located along the north side of C.S.A.H. #62 and extended within Edenbrook Drive. At this point, specific details regarding the sewer connection have not been worked out; however, the Public Works Director for the City of Eden Prairie has been in contact with the City of Minnetonka and a preliminary agreement has been reached. In order for the project to proceed, a joint powers agreement between the City of Eden Prairie and the City of Minnetonka must be signed prior to the 2nd Reading of the City Council. Storm sewer service is designed to be collected in a catch basin system at the end of the cul-de-sac and discharged in the Purgatory Creek floodplain. Street Alignment i Due to the location of Barrington Court within the City of Minnetonka, Edenbrook i Drive intersects the proposed Crosstown extension directly opposite this roadway. Because of this, Edenbrook Drive is located off-center and creates an unusual lotting configuration within the north section of the property. A temporary cul-de- sac is proposed to be extended to the southern property line in order to service the property to the south. The plans shall be revised to reflect a paved street t extension to the property line. In addition, because this cul-de-sac is considered 1 temporary, a temporary cul-de-sac sign shall be placed at the end of the roadway for information purposes. The proponent has done a sketch plan for the overall area which shows how this cul- de-sac can be connected to service the property to the south. These connections can be made through Rustic Hills Drive which is located within Woodlawn Heights with an ultimate roadway system accessing the property to the south (sheet 3). In addition, the plans show a connection to the west which may or may not be feasible because of elevations and the location of an existing home. Access to the west, however, could be provided off the proposed Crosstown at some time in the future. STAFF RECOMMENDATIONS Staff would recommend the approval of the Edenbrook project based upon revised plans dated June 22, 1987, subject to the Staff Report dated July 10, 1987, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the plans to reflect a five-foot concrete sidewalk along the west side of Edenbrook Drive. B. Revise the plans to reflect the extension of Edenbrook Drive and the water line to the southern property line. C. Revise the plans to reflect the evergreen plantings along the proposed berm. 2. Prior to the 2nd reading of the City Council, a joint powers agreement between the City of Eden Prairie and the City of Minnetonka must be signed for the extension of the sanitary sewer line. , Edenbrook Addition 4 July 10, 1987 " 3. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water and erosion control plan for review by the Watershed District. B. Submit detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. C. Provide right-of-way for C.S.A.H. #62 and Townline Road as required by Hennepin County and the City of Eden Prairie. D. Apply for and receive a variance for lot size for Block 1, Lots 4 - 6. 4. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. Stake all grading limits with a snow fence. Any trees lost outside the grading limits shall be replaced on an area inch per area inch basis. B. Stake the construction limits with an erosion control fencing. 5. Prior to Building permit issuance, proponent shall: A. Pay the appropriate Cash Park Fee. B. Place a temporary cul-de-sac sign at the end of Edenbrook Drive. 6. Concurrent with Final Plat, proponent shall dedicate Outlot A to the City for conservation purposes. • „.,- 4,,...,,i _ -_-1-•-•••• ,-,-,' ' ' -- - k...,'2' .7.• ;" , ! ,/ , ,, ,--4... ,• — , ". ..-40,-g.,- :::-.4, ....--,_..„- ..,--, ,.......,-,..,• , ._ .. pa, ,. v .32Me, ,., - , : I - 45 ± • N',.- ' • \ N\..., • / : t•II ° A ,- E- ,--, - -'1 i• \\ ,, , •13 i .--..e,?Ali__ ,-.--_,•--:-.} /r) ' \ , -...:,......----- ,, / .•1.:.-7 14/,117 itt.._______C‘ 1\ i --. s N\ ... , i I ,r, .7. _ _,,------ '---.-'-----=--7. — 3-. • - -(''''::-.;'-'----:-r.---•:-4::___-•:._:„;-711---',,.._--:____,-----":7 e ict21 . _ ... •..„.....-,.. 4.__-:,..• ‘/..----_- • ... 4 q . )i/fE-• ._..,i , s , - ..... •!ii.,' _ma ------z-------__------=-- --.• --/ -ILL I § 1 ^ "144 :17-1 4 4 1. 2. .s 11 f1 t-(/ (4 ......m ---..__.--, 1 1 rr---7 i,, ,,-_,J/ i t 7r,./._____,___ 7,-IfIll,. \\\N , . q..!...:.1• " // VilD \4 , 1 \ -`41P 7 Al ,.., . ..riluM. ^• \\ \-••c• - - -- — .-e---•— •• --... \ . 1 taitivit,, , '-'- .1 °/••2- ?--------=----.;..7--. .i.:',,:- -------- \-- \\ \,, -3 I ;. 'at° 1' 4 4 ' i -'''z-7 tr.C:•;'.',. ..'•• ;•-,- , - -, , _!........ ( 1 , •\ ,,,.., -.:.-- _----__E----.".. • ---,..,-- . 1 '"--:= •flit-iii*, -4, .-----._:-2 2.11.1i4 — 4 • ed i ____-- , .. 4, t ' -•'!' ',i. _ ,1 '----!,--,-,----:.----:---------- ,,, ,r;--..-----'-*Ei, ,zi: \ 4 . __ .. . _, I• \ , \ \ 4 , I- 1, 4 4 1 ct ,...., I to, p ..---------.---s) , • ,• ,1),\ -- I • .- :if.------ l ' 4, t;1 \.____Li,:;--.:!,;:*..-.•-.., .., , / j1) I 1 oe .." *::.Mk LU 4,015, IT"-,s::Ettop,./ ... 1? 1.. Ok. ...!'; .• .1 . .4 NT..2, i - t• ,..!// ,.. ''' s"---.—.__./ ,1 , i i ravw....s...4. '''''' .. '.''''''''''.:L. -r . '"':-----*- -Ali. 0 --,_->•.... , ------ ._,/ 1/ u: ,.- ---1-.• I ,//. ,,' z N-,..., , ____->e• .__, •,-,'Y ,i *,---- ' ,7 , / 4 ,:---=. ____.../-*// , ' A --- )- — Va ?:-;-.- '.-----1,_•- .1 . 1-..- -- Jaitt.!%-, 1.- ----,..1 , , 't• ..1t;r:i la 1 i i'• --- / /i ,------. - _ ,, ' i Planning Commissionldnutes -2- July 13, 1987 1 3 ( i p J .1 1 k B. EDENBRCCK, by David Hoel, Request for Zoning District Change f from aura to R1-13.5 on 6.2 acres with variances to be reviewed by the Boara of Appeals and Preliminary Plat of 6.2 acres into 13 single family lots, 1 outlot, and road , right-of-way. Location: South of Townline Road, east of Purgatory Creek, west of Woodlawn Heights Addition. A public hearing. Mr. Hoel described briefly his plans for the floodplain/conservancy I' zone, grading, utilities and the roadway. {{ Planner Dram stated the following conditions of approval. 1. Prior to the Council review, proponent shall: A. Revise the plans to reflect a five-foot concrete sidewalk along the west side of Edenbrook Drive. B. Revise the plans to reflect the extension of Edenbrook ti Drive and the water line to the southern property line. C. Revise the plans to reflect the evergreen planting along the proposed berm. 1 2. Prior to the 2nd reA,iing of the City Council, a joint powers agreecent between the City of Eden Prairie ana the City of Minnetonka must be signed for the extension of the sanitary sewer line. , Planning Commission Minutes -3- July 13, 1987 Tom Borman, 17540 Rustic Hills Drive, expressed concern with the road extension. when he bought his lot on Rustic Hills Drive he was told that this was a dead-end and would not be extended and that everything below the road would be parkland. Cindy O'Brien, 6354 Cranberry Lane, expressed concern about the development of homes adjacent to the back of her property. Dodge asked how future homeowners would be informed of the future land uses and through streets. Planner Uram stated that the temporary cul-de-sac would be signed as a future through street. I9CTICN 1: Notion was made by Ruebling, seconded by Bye, to close the public hearing. Notion carried 6-0-0. ICTICN 2: Notion was made by Ruebling, seconded by Bye, to recommend to the City Council approval of the request of David Hoel for Zoning District Change from Rural to R1-13.5 on 5.97 acres for theEdenbrook Addition, based on plans dated June 22, 1987, subject to the recommendations of the Staff Report dated July 10, 1967. Motion carried 6-0-0. MOTION 3: Motion was made by Ruebling, seconded by Bye, to recgmmend to the City Council approval of the request of David Noel for Preliminary Plat of 5.97 acres into 13 lots, one outlot, and road right-of-way for the Edenbrook Addition, based on plans dated June 22, 1987, subject to the recommendations of the Staff Report dated July 10, 1987. Motion carried 6-0-0. TO; Mayor and City Council FROM: John D. Frane, Finance Director DATE: July 30, 1987 RE: Multi-family Housing Bonds Preserve Place $3,850,000 - Resolution No. 87-228 This project was approved for bonds by the City in December of 1985 when $4,234,000 in bonds were sold. Notice of the hearing was published in the Eden Prairie News on July 15, 1987. The sale will be a public offering with F.H.A. insurance. The documents referred in the resolution have been reviewed by the City Attorney's office. Resolution No. 87-228 is attached for your consideration. rr � JDF:bw 7-30-87 t OW&D DRAFT 7/24/87 RESOLUTION NO. 87- a2a2( A RESOLUTION AUTHORIZING THE ISSUANCE BY THE CITY OF EDEN PRAIRIE, MINNESOTA OF ITS $3,850,000 MULTIFAMILY HOUSING DEVELOPMENT REFUNDING REVENUE BONDS (FHA INSURED MORTGAGE LOAN - PRESERVE PLACE) WHEREAS, on December 31, 1985, the City of Eden Prairie, Minnesota (the "City") issued its $4,235,000 Multifamily Housing Development Revenue Bonds (Preserve Place Apartments Project) (the "Prior Bonds") pursuant to the terms of an Indenture of Trust, dated as of December 1, 1985, between the City and First Trust Company, Inc., as trustee (the "Trustee"), as amended by Supplemental Indenture Number One thereto, dated as of August 1, 1986 (collectively, the "Prior Indenture"); and WHEREAS, the Prior Bonds were issued pursuant to Minnesota Statutes, Chapter 462C, as amended (the "Act"), to provide funds to Preserve Place Apartments Limited Partnership, a Minnesota limited partnership (the "Company"), to finance the acquisition, construction and equipping of a multifamily rental housing development in the City consisting of seventy-seven (77) dwelling units and functionally related and subordinate facilities (the "Project"); and WHEREAS, the Company has requested that the City issue its $3,850,000 Multifamily Housing Development Refunding Revenue Bonds (FHA Insured Mortgage Loan - Preserve Place Apartments) (the "Refunding Bonds") to provide funds to refund the Prior Bonds in order to improve the financial feasibility and viability of the Project in light of circumstances that have arisen since the issuance of the Prior Bonds; and WHEREAS, the Act authorizes the City to issue such Refunding Bonds; and WHEREAS, in connection with the proposed issuance of the Refunding Bonds, there have been submitted to the City Council preliminary forms of the following documents (the "Documents" for its review and approval: ) (a) the Indenture of Trust, to be dated as of July 1, 1987, between the City and the Trustee (the "Indenture") ; . (b) the Loan Agreement, to be dated as of July 1, 1987, between the City and the Company (the "Loan Agreement") ; (c) the Arbitrage Certificate, to be dated as of July 1, 1987, made by the Issuer and certified by the Company; (d) the Arbitrage Rebate Agreement, to be dated as of July 1, 1987, between the City, the Company and the Trustee; (e) the Closing Certificate of the Issuer, to be dated August 5, 1987; (f) Internal Revenue Service Form 8038; (g) the form of the Specimen Bond; (h) the Supplemental Indenture of Trust Number Two to Indenture of Trust, to be dated as of July 1, 1987, between the City and the Trustee and consented to by the Company and the owner of the Prior Bonds; (i) the First Amendment to Declaration of Restrictive Covenants, to be dated as of July 1, 1987, executed by the Company and consented to by the City and the Trustee; (j) the Bond Purchase Agreement, to be dated August 5, 1987, between the City, the Company and Miller & Schroeder Financial, Inc., as the original purchaser of the Refunding Bonds (the "Underwriter") ; "# (k) the Preliminary Official Statement, dated June 26, 1987 (the "Preliminary Official Statement") ; and 6 (1) certain other documents, certificates and agreements; and WHEREAS, a public hearing was duly noticed and held on this day at which all interested parties were afforded the opportunity to be heard in connection with the issuance of the Refunding Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AS FOLLOWS: 1. The City acknowledges, finds, determines and declares that: (a) the purpose of the Project is and the effect thereof will be to promote the public welfare by the , acquisition, construction and equipping of a multifamily rental housing facility for occupancy primarily by persons of low and moderate income; (b) the Project is to be located within the City limits, at a site which is easily accessible to persons residing within the City and the surrounding communities; (c) the acquisition, construction and equipping of the Project, the issuance and sale of the Refunding Bonds, the execution and delivery by the City of the Loan Agreement, the Indenture, the Arbitrage Rebate 4 Agreement and the other Documents, and the performance 3 of all covenants and agreements of the City contained in the Loan Agreement, the Indenture, the Arbitrage 2 Rebate Agreement and the other Documents and of all other acts and things required under the constitution and laws of the State of Minnesota to make the Loan Agreement, the Indenture, the Arbitrage Rebate Agreement and the other Documents and the Refunding Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (d) it is desirable that the Company be authorized, and subject to the terms and conditions set forth in the Loan Agreement, which terms and conditions the City determines to be necessary, desirable and proper, to complete the acquisition, construction and equipping of the Project, by such means as shall be available to the Company and in the manner determined by the Company, and with or without advertisement for bids, as required for the acquisition and installation of municipal facilities; (e) it is desirable that the Refunding Bonds be issued by the City upon the terms set forth in the Indenture; (f) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Refunding Bonds issued under the Indenture when due, and the Loan Agreement and the Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, without limitation, adequate insurance thereon and insurance against all liability j ,for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement and the Indenture; (g) under the provisions of the Act, and as provided in the Loan Agreement and the Indenture, the Refunding Bonds are not to be payable from or charges upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Refunding Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Refunding Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Refunding Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Refunding Bonds shall recite that the Refunding Bonds are payable solely from the revenue pledged to the payment thereof and the Refunding Bonds 3 shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation of debt; and (h) the City has been advised that conventional commercial financing for the Project is available only on a limited basis, that the terms of such conventional commercial financing or the continued financing of the Project under the terms of the Prior Bonds would jeopardize the financial feasibility and viability of the Project, and that the Project will be more economically feasible with the aid of municipal financing in the form of the Refunding Bonds. 2. Subject to the approval of the City Attorney, the form and substance of the Documents are approved as submitted. 3. The Mayor, the City Manager, the City Clerk and the other proper officials of the City, and each of them, shall be, and they each hereby are, authorized and directed to execute, acknowledge, perform, deliver, file and record, in t the name of and on behalf of the City, the Documents in substantially the form as approved hereunder, together with such changes therein and deletions or additions thereto as the official or officials executing the same, acting upon the advise and with the advice of the City Attorney, shall deem advisable or appropriate, and all other instruments, documents, information returns, certificates, affidavits, actions or deeds which may be deemed by said officials, or any of them, to be necessary or advisable to consummate the transactions contemplated by these Resolutions, all of which may contain such clauses, terms, conditions and provisions as the official or officials who execute the same, acting upon the advice and with the approval of the City Attorney, s shall deem advisable or appropriate; the execution, acknowledgement, delivery, filing, recording and performance of any of the foregoing by such official or officials to be conclusive evidence of the approval by thg City of the q. terms, conditions and performance thereof. In the absence of the Mayor, the City Manager or the City Clerk, any of the instruments, documents, information returns, certificates, affidavits, actions or deeds authorized or directed by these Resolutions may be executed, delivered or performed by the Acting Mayor, Acting City Manager, Acting City Clerk or j other appropriately authorized person, as the case may be. 4. The City shall proceed forthwith to issue the Refunding Bonds, in the form and upon the terms set forth in the Indenture. The offer of the Underwriter to purchase the Refunding Bonds for $3,850,000, plus accrued interest, if any, to the date of delivery at the interest rate or rates specified in the Indenture, is hereby accepted. The Mayor and the City Manager are authorized and directed to prepare 1 and execute the Refunding Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Underwriter. 4 )(? 5. The City has approved the use and distribution of the Preliminary Official Statement, together with such changes thereto as permitted under these Resolutions as may be advisable or appropriate in connection with the adaptation of the Preliminary Official Statement as the final official statement (the "Final Official Statement"), and the City hereby approves the use and distribution of the Final Official Statement, but the City has not participated in the preparation of the Preliminary or Final Official Statements and makes no representation as to their content except as specifically stated therein. Adopted by the City Council of the City of Eden Prairie, Minnesota this 4th day of August, 1987. (SEAL] Attest: John Frane, City Clerk Gary Peterson, Mayor 5 AUGUST 4,1987 36005 VOID OUT CHECK 14.95- 36018 VOID OUT CHECK 18.02- f:72 VOID OUT CHECK 100.29- T6 VOID OUT CHECK 53.78- 84 VOID OUT CHECK 10986.11- 36160 VOID OUT CHECK 226.36- 36220 VOID OUT CHECK 151.00- 36250 VOID OUT CHECK 842.50- 36291 VOID OUT CHECK 367.08- 36293 REAL ESTATE JOURNAL SUBSCRIPTION-ASSESSING DEPT 39.00 36294 COLLEGE OF ST THOMAS CONFERENCE-HUMAN RESOURCE DEPT 175.00 36295 NORTHWESTERN BELL TELEPHONE CO SERVICE 4551.78 36296 NATL BUSINESS INSTITUTE INC CONFERENCE-HUMAN RESOURCE DEPT 96.00 36297 ANDERSON GARDEN SHOPPE SUPPLIES-PARK MAINTENANCE 67.62 36298 ANESHA DAVIS REFUND-MEMBERSHIP 59.60 36299 JAMES GEKAS REFUND-GOLF LESSONS 15.00 36300 JOURDON GOETZE REFUND-PRESCHOOL PLAYGROUND 13.50 36301 SARA JAROS REFUND-SPECIAL TRIP 7.00 36302 DAVID KERBER REFUND-SWIMMING LESSONS 11.00 36303 DAREN LINDAHL REFUND-SWIMMING LESSONS 13.00 36304 DAREN LINDAHL REFUND-SWIMMING LESSONS 13.00 36305 GAVIN LINDAHL REFUND-SWIMMING LESSONS 13.00 36306 CHARLIE UNGEMAQi REFUND-SWIMMING LESSONS 13.00 36307 PAUL VARLAMOFF REFUND-SWIMMING LESSONS 13.00 36308 KATHLEEN VYE REFUND-GOLF LESSONS 17.80 36309 MICHAEL VYE REFUND-GOLF LESSONS 17.80 36310 SATELLITE INDUSTRIES INC PORTABLE RESTROOMS-PARK MAINTENANCE 840.00 36311 MN TWINS BASEBALL BASEBALL TICKETS FOR SPECIAL EVENT/FEES PD 280.00 2 CIRCUS PIZZA SPECIAL EVENT/FEES PD 770.00 i3 AT & T INFORMATION SYSTEMS SERVICE 76.85 36314 AT & T INFORMATION SYSTEMS SERVICE 661.87 36315 FEDERAL RESERVE BANK PAYROLL 7-10-87 43987.86 36316 COMMISSIONER OF REVENUE PAYROLL 7-10-87 11573.52 it 36317 GREAT WEST LIFE ASSURANCE CO PAYROLL 7-10-87 4176.00 36318 ICMA RETIREMENT CORP PAYROLL 7-10-87 865.00 36319 PERA JULY 87 LIFE INSURANCE 99.00 36320 INTL UNION OF OPERATING ENG PAYROLL 7-10-87 713.00 36321 PERA PAYROLL 7-10-87 21729.89 36322 UNITED WAY OF MINNEAPOLIS PAYROLL 7-10-87 158.88 36323 CITY-COUNTY CREDIT UNION ' PAYROLL 7-10-87 699.13 36324 LA AIRPORT HILTON & TOWERS CONFERENCE-WATER DEPT 370.00 36325 VOID OUT CHECK 0.00 36326 AWWA CONFERENCE-WATER DEPT 375.00 36327 RICK BOLONEHIK -LIFE JACKETS/FLASHLIGHTS/BATTERIES-ROUND 201.95 LAKE MARINA 36328 TIMOREE BURMEISTER REFUND-SWIMMING LESSONS 13.00 36329 DAVID KERBER REFUND-SWIMMING LESSONS 13.00 36330 MEGAN LINDEMAN REFUND-SWIMMING LESSONS 13.00 36331 NICOLE ROBERTSON REFUND-SWIMMING LESSONS 13.00 36332 BRIAN TRILL REFUND-SKATING LESSONS 12.00 36333 APRIL BURMEISTER REFUND-SWIMMING LESSONS 13.00 36334 U S CANINE ASSOC REGISTRATION FEE-CANINE UNIT 35.00 36335 PETTY CASH EXPENSES-PLAYGROUND PROGRAMS 91.70 1(16 GRIGGS COOPER & CO INC LIQUOR 80 7 PRIOR WINE CO WINE 01.12 2012 9021868 ),),/ AUGUST 4,1987 36338 EAGLE WINE CO WINE 142.69 36339 ED PHILLIPS & SONS CO LIQUOR 4483.45 40 QUALITY WINE CO LIQUOR 1790.64 .,41 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 4661.92 36342 PAUSTIS & SONS CO WINE 87.24 36343 CAPITOL CITY DISTRIBUTING CO WINE 50.30 36344 COMMISSIONER OF REVENUE JUNE 87 FUEL TAX 148.92 36345 CITICORP INDUSTRIAL CREDIT AUGUST 87 MAINTENANCE AGREEMENT 656.81 36346 SOUTH HENNEPIN HSC CONFERENCE-HUMAN RESOURCE DEPT 4.00 36347 MN POST BOARD LICENSE FEE-POLICE DEPT 20.00 36348 LEAGUE OF MN CITIES INS TRUST CONFERENCE-FINANCE DEPT 10.00 36349 NORTHWESTERN BELL TELEPHONE CO SERVICE 70.24 36350 VOID OUT CHECK 0.00 36351 NORTHWESTERN BELL TELEPHONE CO SERVICE 847.96 36352 JOEL HANSON TARGETS & ARROWS-COMMUNITY CENTER 53.78 36353 WILLIAMS CABINETS CABINETS-NEW CITY HALL 3319.00 36354 U S POSTMASTER POSTAGE-POLICE DEPT 830.00 36355 MINNESOTA UC FUND PAYROLL 7-24-87 64.39 36356 JASON-NORTHCO PROPERTIES AUGUST 87 RENT-LIQUOR STORE 4972.30 36357 MN DEPT OF P/S MOTOR VEHICLE REGISTRATIONS 40.50 36358 BENTEC ENGINEERING CORP -5 EMERGENCY TELEPHONE ALARM SYSTEMS FOR 10986.11 LIFTSTATIONS-SEWER DEPT 36359 ZEP MANUFACTURING CO -CHOKE & CARBURETOR CLEANER/BRAKE PARTS 367.08 -CLEANER/GARAGE PUSHBROOM-EQUIPMENT MAINTENANCE 36360 JOE YAGER REFUND-SENIOR TRIP 22.00 36361 JANET YAGER REFUND-SENIOR TRIP 22.00 3FR62 MARCY WIESNER REFUND-SWIMMING LESSONS 11.00 .3 WELSH COMPANIES AUGUST 87 RENT-CITY HALL 1449.67 .3...J64 CHRISTIE SANDSTAD REFUND-SWIMMING LESSONS 11.00 ' 36365 METROPOLITAN SENIOR FOUND SENIOR CENTER SPECIAL TRIP/FEES PD 572.00 36366 MN SCIENCE MUSEUM TEEN VOLUNTEER SPECIAL TRIP/FEES PD 49.50 36367 MINNESOTA GAS CO SERVICE 191.28 36368 EAGLE WINE CO WINE 692.61 36369 PRIOR WINE CO WINE 643.97 I 36370 GRIGGS COOPER & CO INC LIQUOR 3668.01 36371 ED PHILLIPS & SONS CO LIQUOR q 3059.18 a' 36372 QUALITY WINE CO WINE 4232.77 36373 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR 2013.75 1• 36374 ACRO-MINNESOTA INC OFFICE SUPPLIES 170.89 36375 ADMIRAL WASTE MGMT INC JULY 87 TRASH DISPOSAL-PUBLIC SAFETY 51.75 36376 AIRLIFT DOORS INC -GARAGE DOOR REPAIRS-COMMUNITY CENTER/ 612.58 i PUBLIC WORKS & PUBLIC SAFETY BUILDINGS 36377 ALBINSON DRAFTING SUPPLIES-FIRE DEPT 238.85 36378 ALLIED BLACKTOP CO SEAL COATING BIKE TRAIL-PARK MAINTENANCE 4243.53 36379 AMERICAN DISTRICT TELEGRAPH CO SECURITY SYSTEM-COMMUNITY CENTER 614.97 I 36380 AMOCO OIL CO REFUND-ENGINEERING DEPT 3065.00 p 36381 CATHY ANDERSON SUPPLIES-YOUTH TENNIS-COMMUNITY SERVICES 13.97 4' 36382 EARL F ANDERSEN & ASSOC INC SIGNS-STREET MAINTENANCE 699.15 36383 ANDON INC SUPPLIES-COMMUNITY CENTER 19.25 36384 ASPLUND COFFEE CO INC CONCESSION STAND SUPPLIES-COMMUNITY CENTER 102.50 36385 ASSOCIATED ASPHALT INC BLACKTOP-STREET MAINTENANCE 8847.29 36386 BATTERY & TIRE WAREHOUSE INC -DRUM CORE/ANTI-FREEZE/FLASHERS/BATTERIES/ 596.88 -SPARK PLUGS/THERMOSTAT/WIPER BLADES/ STARTING FLUID-EQUIPMENT MAINTENANCE 6952268 /, '. '.) Y AUGUST 4,1987 36387 BENTEC ENGINEERING CORP ALARM SYSTEM FOR LIFTSTATIONS-SEWER DEPT 697.00 36388 BLACK& VEATCH SERVICE-WATER TREATMENT PLANT ADDITION 11553.25 (, '89 BLACKS PHOTOGRAPHY -FILM PROCESSING-POLICE DEPT/WATER DEPT/ 94.50 FORESTRY DEPT & PLANNING DEPT 36390 BLUMBERG COMMUNICATIONS INC PA SYSTEM RENTAL-COMMUNITY CENTER 40.00 36391 RICK BOLINSKI MILEAGE 202.00 36392 BOUSTEAD ELECTRIC & MFG CO EQUIPMENT REPAIRS-COMMUNITY CENTER 195.00 36393 LEE BRANDT SOFTBALL OFFICIAL/FEES PD 246.50 36394 LES BRIDGER EXPENSES-POLICE DEPT 7.95 36395 BROCK WHITE CO PAINT-STREET MAINTENANCE 25.75 36396 B R W INC SERVICE-TRAFFIC STUDY 1541.43 36397 NATHAN BUCK SOFTBALL OFFICIAL/FEES PD 913.50 36398 ROZ BURNSTEIN -MILEAGE & PLAYGROUND SUPPLIES-COMMUNITY 57.58 CENTER 36399 CADY COMMUNITCATIONS TELEPHONE REPAIRS-CITY HALL 58.27 36400 CEDAR HILLS GOLF COURSE GOLF LESSONS/FEES PD 117.50 36401 COMMERCE CENSUS SERVICE-SPECIAL CENSUS 6298.33 36402 COMMISSIONER OF TRANSPORTATION SERVICE-TRAFFIC SIGNAL CONTROL DEVICE 3425.21 36403 CORNERSTONE ADVOCACY SERVICE -2ND QTR 87 SERVICE-BATTERED WOMEN RIGHTS 1250.00 COMMISSION 36404 CORPORATE RISK MANAGERS INC JULY 87 INSURANCE CONSULTANT 455.00 1 36405 CREDIT BUREAU OF MPLS REPORTS-POLICE DEPT 15.00 36406 CROWN RUBBER STAMP CO DATE STAMPS-PLANNING DEPT 145.46 36407 CUSTOM FIRE APPARATUS INC WATER TANK REPAIRS-FIRE DEPT 405.90 36408 CUTLER-MAGNER COMPANY QUICKLIME-WATER DEPT 6658.31 36409 WARD F DAHLBERG JULY 87 EXPENSES 80.00 1 36410 DOUG DAHLKE REFUND-PARK RESERVATION 50.00 36411 DALCO CLEANING SUPPLIES-PUBLIC SAFETY BUILDING 28.00 1 12 SANDY DANIELSON SUPPLIES-BUILDING DEPT 70.50 S.•13 DATA & TEL COMMUNICATION INC TELEPHONE REPAIRS-CITY HALL 105.00 1 36414 RICHARD R DEATON CONFERENCE-FIRE DEPT 56.65 ; 36415 DECORATIVE DESfGNS SERVICE , 36416 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 20.00 t 36417 DORHOLT INC 820.00 4 WATER RESTRICTION NOTICES-WATER DEPT 698.00 36418 JENNIFER DRESSEN MILEAGE 115.50 !Z 36419 DRISKILLS SUPER VALU EXPENSES-COMMUNITY CENTER 475.92 i 36420 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT & COMMUNIrTY CENTER 53.51 36421 DRISKILLS SUPER VALU EXPENSES-FIRE DEPT 3 I 36422 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT 31. 6 1 17 36423 DRIVERS LICENSE GUIDE CO ` BOOKLETS-POLICE DEPT . 36424 DYNA SYSTEMS .65 LAB SUPPLIES-WATER DEPT 145.67 36425 EAGLE SNACKS INC SUPPLIES-LIQUOR STORE 42.24 I 36426 EDEN PRAIRIE FIRE DEPT CONFERENCE-FIRE DEPT 1405.80 36427 CITY OF EDINA JUNE 87 WATER TESTS 116.00 36428 ELVIN SAFETY SUPPLY INC BOOTS/1ST AID SUPPLIES-WATER DEPT 361.60 36429 EMPRO CORP MOTOR REPAIRS-PUBLIC SAFETY BUILDING 72.50 36430 VOID OUT CHECK0.00 3 36431 ESS BROTHERS & SONS INC CULVERT-DRAINAGE CONTROL 550.00 36432 FACILITY SYSTEMS INC -BULLETIN BOARD MATERIAL-CITY HALL & 180.00 i PUBLIC WORKS BUILDING 36433 JON FARBER TENNIS INSTRUCTOR/FEES PD 360.00 1 36434 J N FAUVER COMPANY INC PUMP REPAIRS-EQUIPMENT MAINTENANCE 489.60 36435 FITNESS ASSOCIATES INC SERVICE-FIRE DEPT 140.60 1 36 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 293.05 ;7 FOX MCCUE & MURPHY 1986 AUDIT SERVICE 8116.00 4935707 • AUGUST 4,1987 36438 LYNDELL FREY EXPENSES-COMMUNITY CENTER 56.62 36439 FRONTIER CORPORATION REFUND-BUILDING PERMIT 200.00 40 GADTKE PLUMBING REFUND-BUILDING PERMIT 89.00 41 GENERAL COMMUNICATIONS INC -RADIO REPAIRS-EQUIPMENT MAINTENANCE & 310.76 POLICE DEPT , 36442 GLENWOOD INGLEWOOD SERVICE 35.20 36443 ALAN GRAY JUNE & JULY 87 EXPENSES 330.00 36444 GOODYEAR TRUCK TIRE CENTERS 13 TIRES-EQUIPMENT MAINTENANCE 803.84 36445 GROSS OFFICE SUPPLY OFFICE SUPPLIES-FIRE DEPT & POLICE DEPT 206.55 36446 GUNNAR ELECTRIC CO INC ELECTRIC BOXES-ROUND LAKE PARK 374.35 36447 JAMES HALE GOLF INSTRUCTOR/FEES PD 222.00 36448 ANDREW HALLIN REFUND-BUILDING PERMIT 35.03 36449 MICHAEL HAMILTON SOFTBALL OFFICIAL/FEES PD 188.50 36450 JIM HATCH SALES CO BROOMS-PARK MAINTENANCE 113.50 36451 HENN CTY-SHERIFFS DEPT JUNE 87 BOOKING FEE 535.82 36452 HENNEPIN COUNTY MAY 87 BOARD OF PRISONERS 2232.52 36453 HENN CTY DEPT OF PROPERTY TAX FILING FEE-ENGINEERING DEPT 732.00 36454 HENNEPIN COUNTY TREASURER SERVICE-PLANNING DEPT 560.00 36455 HEWLETT PACKARD COMPUTER MAINTENANCE-FINANCE DEPT 212.00 36456 EUGENE HICKOK & ASSOCIATES SERVICE-PURGATORY CREEK RECREATION AREA 3556.42 36457 HOFFERS INC SOFTBALL FIELD MARKINGS-PARKS DEPT 280.50 j, 36458 IBM AUGUST 87 MAINTENANCE AGREEMENT 217.00 36459 INDEPENDENT SCHOOL DIST #272 CLEANING SUPPLIES-CITY HALL & PARKS DEPT 104.70 j 36460 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS-WATER DEPT 46.12 36461 GARY ISAACS SOFTBALL OFFICIAL/FEES PD 609.00 36462 JASON-NORTHCO PROPERTIES REFUND-OVERPAYMENT ON UTILITY BILL 3481.53 36463 JM OFFICE PRODUCTS INC OFFICE SUPPLIES-WATER DEPT & PARKS DEPT 61.99 36464 JAMES KAUFMAN REFUND-OVERPAYMENT ON UTILITY BILL 4.13 I 5 TOM KEEFE SOFTBALL OFFICIAL/FEES PD 203.00 1...J6 BRAD KNUTSON SOFTBALL OFFICIAL/FEES PD 174.00 1 36467 TOM KOCH CONCERT IN THE PARK-HISTORICAL CULTURE 280.00 36468 L A CONSTRUCTION INC EQUIPMENT RENTAL-STREET MAINTENANCE 660.00 1 36469 LANCE SUPPLIES-LIQUOR STORE 144.15 1 36470 LANG PAULY& GREGERSON LTD LEGAL SERVICE 150.00 36471 BOB LANZI SOFTBALL OFFICIAL/FEES PD 400.00 36472 LEAGUE OF MN CITIES INS TRUST INSURANCE LIABILITY-CITY HALL 275.00 36473 LYNN CORPORATION 1ST AID EQUIPMENT-FIRE DEPT 1476.16 ". 36474 LYMAN LUMBER CO PLYWOOD-PARK MAINTENANCE 218.00 36475 MACQUEEN EQUIPMENT INC -SNAP RINGS/SCREWS/STOP CLIPS-EQUIPMENT 30.42 . MAINTENANCE } 36476 DANIEL MARTIN SOFTBALL OFFICIAL/FEES PD 1 36477 TOM MARTINE 35.00 SERVICE-SENIOR CENTER/FEES PD 35.00 36478 MIKE MARUSHIN -DRAIN PAN/DIAL INDICATOR/VALVE CORE TOOL/ 158.35 t,' MICROMETER-EQUIPMENT MAINTENANCE 36479 MASYS CORPORATION AUGUST 87 MAINTENANCE AGREEMENT 1050.00 36480 MCGLYNN BAKERIES INC EXPENSES-FIRE DEPT 24.77 36481 MCGLYNN BAKERIES INC EXPENSES-PUBLIC SAFETY & CITY HALL 68.18 36482 MCGUIRE & SONS PLBG & HTG POOL REPAIRS-COMMUNITY CENTER 350.00 36483 MEDICAL OXYGEN & EQUIP CO OXYGEN CYLINDERS-FIRE DEPT 37.80 36484 METROPOLITAN FIRE EQUIP CO CHEMICALS-FIRE DEPT 128.25 `;' 36485 METRO PRINTING INC FORMS-POLICE DEPT 661.00 36486 KAREN MICHAEL MILEAGE & EXPENSES-HUMAN RESOURCE DEPT 45.93 I. 36487 MID AMERICA GOLF SUPPLY GOLF BALLS-COMMUNITY SERVICES 95.55 3 'g8 MIDLAND PRODUCTS CO -CONCESSION STAND SUPPLIES-ROUND LAKE 474.99 PARK & COMMUNITY CENTER 2279763 AUGUST 4,1987 36489 MIDWEST ASPHALT CORPORATION BLACKTOP-STREET MAINTENANCE 507.45 36490 MIDWESTERN MECHANICAL REFUND-BUILDING PERMIT 20.00 91 MPLS AREA CHAPTER FILM RENTAL-COMMUNITY CENTER 66.00 •92 MN CELLULAR TELEPHONE CO SERVICE 26.45 36493 MN CELLULAR TELEPHONE CO SERVICE 103.68 36494 MINNESOTA COMMUNICATIONS CORP JULY 87 PAGER SERVICE-WATER DEPT 51.50 36495 MINNESOTA COMMUNICATIONS CORP JULY 87 PAGER SERVICE-FIRE DEPT 16.00 36496 MN CONWAY FIRE & SAFETY -PANTS/COATS/AUDIO ALARM/AIR LINE FILTER/ 1967.00 AIR LINE HOSE-FIRE DEPT 36497 MN REAL ESTATE JOURNAL ADVERTISING-CITY HALL 1835.00 36498 MINNESOTA SUBURBAN NEWSPAPERS INC ADS-LIQUOR STORE 281.04 36499 MN WANNER COMPANY FITTINGS-EQUIPMENT MAINTENANCE 7.50 36500 R G MODEEN INC SERVICE-PAINT CENTRAL FIRE STATION 195.00 36501 MODERN TIRE CO WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 24.95 36502 SHARON MORGANS NOVELTIES SUPPLIES-LIQUOR STORE 182.31 36503 MrI DISTRIBUTING CO -BUSHINGS/WASHERS/RINGS/CAPSCREWS- 56.25 36504 MY CHEESE SHOP EQUIPMENT MAINTENANCE EXPENSES-FIRE DEPT 14.96 36505 NATL OFFICE INTERIORS INC VERTICAL BLINDS-CITY HALL 885.34 36506 JP NOREX INC SERVICE-BAKER ROAD WATERMAIN 30172.96 36507 NORTH KILBRIDE OPTICIANS FIRE FIGHTERS GLASSES-FIRE DEPT 60.00 , 36508 NORTH STAR INTL TRUCKS INC 2 DUMP TRUCKS-STREET MAINTENANCE 75298.00 36509 NORTHERN STATES POWER CO SERVICE 65.94 36510 NORTHLAND BUSINESS COMM SYSTEMS DICTAPHONE EQUIPMENT-POLICE DEPT 70.00 36511 BILL OROURKE SOFTBALL OFFICIAL/FEES PD 72.00 36512 OCHS BRICK & TILE CO CEMENT-DRAINAGE CONTROL 66.00 36513 PET CREMATION SERVICE SERVICE 35.00 36514 PETTY CASH-PUBLIC SAFETY DEPT EXPENSES-POLICE DEPT 40.38 15 PLEHAL BLACKTOPPING INC EQUIPMENT RENTAL-STREET MAINTENANCE 595.00 ,16 PMS SERVICE CORPORATION JULY 87 CUSTODIAL SERVICE-CITY HALL 1160.00 I 36517 KEITH POKELA VOLLEYBALL OFFICIAL/FEES PD 195.00 36518 PRAIRIE HARDWARE SUPPLIES-LIQUOR STORE 2.95 36519 PRAIRIE LAWN & GARDEN -3 CHAIN SAWS $532.38-FIRE DEPT/EQUIPMENT 597.88 REPAIRS-SEWER DEPT 36520 CLIFF PRATY SOFTBALL OFFICIAL/FEES PD 101.50 36521 PRENTICE-HALL INC BOOK-POLICE DEPT 36522 JAMES PUFAHL SOFTBALL OFFICIAL/FEES PD . 29.00 29.00 36523 PRINT SHACK PRINTING-COMMUNITY CENTER 18.20 36524 R & R SPECIALTIES INC ZAMBONI BLADES SHARPENED-COMMUNITY CENTER 39.90 36525 RADIO SHACK EQUIPMENT REPAIRS-WATER DEPT 145.75 36526 ROAD RESCUE INC RESCUE EQUIPMENT-FIRE DEPT 2216.48 36527 ROLLINS OIL CO UNLEADED FUEL-EQUIPMENT MAINTENANCE 6678.40 36528 PAUL H ROSOL REFUND-BUILDING PERMIT 10.00 36529 ST CLOUD STATE UNIVERSITY SCHOOL-POLICE DEPT 510.00 36530 SALLY DISTRIBUTORS INC PLAYGROUND SUPPLIES-COMMUNITY CENTER 176.40 36531 SAVOIE SUPPLY CO INC METAL DRUM PUMP-EQUIPMENT MAINTENANCE 39.95 36532 KEVIN SCHMIEG JUNE 87 EXPENSES 165.00 36533 RICK SCHOEN HOCKEY OFFICIAL/FEES PD 66.00 36534 SIGNS BY THE ADMASTERS WINDOW LETTERING-LIQUOR STORE 150.00 36535 SIMPLEX TIME RECORDER CO MOTOR PARTS-COMMUNITY CENTER 22.25 36536 SNAP ON TOOLS CORP -PIPE WRENCH/TEST LIGHT/LEAK DETECTOR/ 240.10 BULBS-EQUIPMENT MAINTENANCE 36537 SNAP PRINT INC PRINTING-COMMUNITY SERVICES 75.75 14;38 SOUTHWEST SUBURBAN PUBLISH INC EMPLOYMENT ADS-ASSESSING DEPT 72.00 39 SOUTHWEST SUBURBAN PUBLISH INC LEGAL ADS 1034.93 12649765 { I`f AUGUST 4,1987 36540 STATE OF MINNESOTA AIR TANK CERTIFICATE-PUBLIC WORKS BUILDING 15.00 36541 ROBERT E STODOLA WELL CO PUMP REPAIRS-8950 EDEN PRAIRIE ROAD 91.00 f 742 STS CONSULTANTS LTD SERVICE-WATER TREATMENT PLANT ADDITION 1487.43 {, .,43 STUBBS BUILDING MOVERS SERVICE-MOVING BARN TO HOMEWARD HILLS RD 1250.00 36544 STUBBS BUILDING MOVERS SERVICE-MOVING BARN TO HOMEWARD HILLS RD 2500.00 36545 DAVID STUTELBERG SOFTBALL OFFICIAL/FEES PD 449.50 36546 SUBURBAN CHEVROLET -BRAKE CABLE/MASTER CYLINDER/REPLACED HEAD 389.11 -GASKETS/REPAIRED WIRING SYSTEM-EQUIPMENT MAINTENANCE 36547 NEIL SUTLIFF GOLF INSTRUCTOR/FEES PD 468.00 36548 NATALIE SWAGGERT JULY 87 EXPENSES 167.30 36549 TENNESSEE CHEMICAL CO CHEMICALS-WATER DEPT 4696.65 36550 TROPICAL SNO OF MN CONCESSION STAND SUPPLIES-ROUND LAKE PARK 386.90 36551 TWIN CITY TESTING SERVICE-COMMUNITY CENTER LITIGATION 152.98 36552 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 561.30 36553 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 120.90 36554 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT 444.16 36555 UNLIMITED SUPPLIES INC NUTS/WASHERS/SCREWS/SOCKET SET-PARKS DEPT 100.11 36556 VALLEYFAIR TEEN VOLUNTEER SPECIAL TRIP/FEES PD 220.15 36557 VESSCO INC EXPENSES-COMMUNITY CENTER 22.74 36558 WILLIAM WARNER HOCKEY OFFICIAL/FEES PD 33.00 36559 WATER PRODUCTS CO -2 3" 1000 GAL COMP MTR $2532.00/SWIVELS & 2736.00 SIMULATORS-BUILDING DEPT 36560 WESCO LIGHT BULBS-COMMUNITY CENTER 77.80 36561 WESTERN WATER MANAGEMENT INC FREIGHT CHARGES-WATER DEPT 297.80 36562 WILSON TANNER GRAPHICS REFUND-PARK RESERVATION 50.00 36563 WILSON TANNER GRAPHICS -ENVELOPES-CITY HALL/PRINTING MANUALS- 1147.00 POLICE DEPT -64 XEROX CORP JUNE 87 MAINTENANCE AGREEMENT 87.00 :,_.)65 ZAHL EQUIPMENT CO LUBRICATION EQUIPMENT-STREET GARAGE 6774.00 36566 ZEE MEDICAL SERVICE 1ST AID SUPPLIES-WATER DEPT 29.50 36567 ZEP MANUFACTURING CO -CLEANING SUPPLIES-EQUIPMENT MAINTENANCE & 180.15 PUBLIC SAFETY BUILDING 36568 JEFFREY ELWELL EXPENSES-COMMUNITY CENTER 55.18 2499066 $383384.37 • DISTRIBUTION BY FUND 10 GENERAL 187685.64 (' CERTIFICATE OF INDEBT 75890.38 LIQUOR STORE-P V M 25951.61 LIQUOR STORE-PRESERVE 15835.30 31 PARK ACQUIST & DEVELOP 7459.40 33 UTILITY BOND FUND 13040.68 51 IMPROVEMENT CONST FD 5267.71 73 WATER FUND 51542.15 77 SEWER FUND 711.50 $383384.37 • • • 1, TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: July 30, 1987 RE: Multi-family Housing Bonds - Quail Ridge $5,565,000 - Resolution No. 87-227 In July 1985 these bonds were issued and the proceeds were placed with a trustee. The release of the bond money to the developer was contingent on the issuance of mortgage insurance. The insurance company ran into some possible trouble and was restricted from issuing the promised insurance. The project is 92% rented (99 of 108 units). The proposal suggests that a letter of credit in the amount of $500,000 be substituted for the insurance. The letter of credit would decrease as principle payments are made on this bond. This will be a public sale. I believe this is a reasonable request • considering the circumstances. The market value of the property is about equal to the bond amount. Resolution No. 87-227 is attached for your consideration. JDF:bw 7-30-87 • ME526 RESOLUTION AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE REFUNDING BONDS UNDER THE MINNESOTA HOUSING ACT (QUAIL RIDGE APARTMENTS PROJECT) BE IT RESOLVED by the Council of the City of Eden Prairie, Minnesota, as follows: 1. On July 24, 1985 the City issued its $5,565,000 Multifamily Housing Revenue Bonds, Series 1985 (Quail Ridge :1 Apartments Project) (the "Prior Bonds") to provide financing for construction of an multifamily rental housing facility by Eames Apartments Limited Partnership, a Minnesota limited partnership (the "Company") . The Council has received a proposal from the Company that the City refund the Prior Bonds as herein described, pursuant to the Minnesota Statutes, Chapter 462C (the "Act") , through issuance by the City of its $5,565,000 Multifamily Housing Revenue Refunding Bonds, Series 1987 (Quail Ridge Apartments Project) (the "Bonds"), and in accordance with a Bond Purchase Agreement (the "Purchase Agreement") between the City, the Company and McClees Investments, Inc. (the "Bond Purchaser"). The Bond Purchase fi will offer the Bonds pursuant to a Preliminary Official I Statement (the "Preliminary Official Statement") and a Final . ' Official Statement to be prepared prior to the closing of the purchase of the Bonds. 2. It is proposed that, pursuant to a Loan Agreement dated August 1, 1987, between the City as lender and the Company, as borrower (the "Loan Agreement"), the City loan the proceeds of the Bonds to the Company to refinance the cost of the Project. The basic payments to be made by the Company under the Loan Agreement are fixed so as to produce revenue sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. It is further proposed that the City assign i4s rights to the basic payments and certain other rights under the Loan Agreement to Marquette Bank Minneapolis, N.A. in, Minnesota (the "Trustee") as security for payment of the Bonds under an Indenture of Trust dated August 1, 1987 (the "Indenture") and that the Company grant a mortgage and security interest in the Project to the Trustee pursuant to a Mortgage and Security Agreement dated August 1, 1987 (the "Mortgage") and to further secure the payment of the Bonds and the interest thereon, enter into an Assignment of Leases and Rents dated August 1, 1987 (the "Assignment of Leases and Rents") and an Irrevocable Letter of 1 Credit in the amount of $500,000 in favor of the Trustee. • M.C. Gresser and John Enggren issued by the Midway National j Bank of St. Paul, have also entered into a Guaranty Agreement dated August 1, 1987 in favor of the Trustee for the benefit of the Bondholders (the "Guaranty"). 3. Forms of the following documents have been submitted to the Council for approval: (a) The Loan Agreement. (b) The Indenture. (c) The Mortgage. (d) The Assignment of Leases and Rents. (e) The Guaranty. (f) The Purchase Agreement. (g) The Letter of Credit. (h) The Regulatory Agreement. 6. It is hereby found, determined and declared • that: (a) the issuance and sale of the Bonds, the exedution and delivery by the City of the Loan Agreement, the Regulatory Agreement and the Indenture, and the performance of all covenants and agreements of the City contained in the Loan Agreement and Indenture and of all other acts and things required under the constitution and laws of • the State of Minnesota to make the Loan Agreement, Indenture and Bonds valid and binding obligations of the City in accordance with their terms, are authorized by the Act; (b) it is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture; (c) the basic payments under the Loan Agreement are fixed to produce revenue sufficient to provide for the prompt payment of principal of, premium, if any, and interest on the Bonds issued 1 under the Indenture when due, and the Loan Agreement, Mortgage and Indenture also provide that the Company is required to pay all expenses of the operation and maintenance of the Project, including, but without limitation, adequate insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project Premises and payable during the term of the Mortgage, Loan Agreement and Indenture; (d) as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from or charged upon any funds other than the revenue pledged to the payment thereof; the City is not subject to any liability thereon; no holder of any Bonds shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall not constitute a charge, lien or encumbrance, legal • or equitable upon any property of the City except the interests of the City in the Loan Agreement which have been assigned to the Trustee under the Indenture; the Bonds shall recite that the Bonds are issued without moral obligation on the part of • the state or its political subdivisions, and that the Bonds, including interest thereon, are payable solely from the revenues pledged to the payment thereof; and, the Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. 4. Subject to the final approval of the City Attorney, the forms of the Loan Agreement, the Purchase Agree- ment, the Regulatory Agreement and Indenture and exhibits thereto are approved substantially in the form submitted. • The Loan Agreement, Purchase Agreement, Regulatory Agreement and Indenture, in substantially the form submitted, are directed to be executed in the name and on behalf of the City by the Mayor and the City Manager together with any other documents and certificates necessary to the transaction described above. Copies of all of the documents necessary to the transaction herein described shall be delivered, filed and } } ( recorded as provided herein and in the Loan Agreement and Indenture. 5. The City has not prepared nor made any independent investigation of the information contained in the Official Statement other than the section therein captioned "Issuer," and the City takes no responsibility for such information. 6. The City shall proceed forthwith to issue its Bonds, in the form and upon the terms set forth in the Indenture. The offer of the Bond Purchaser to purchase the Bonds for $5,565,000 plus accrued interest to the date of delivery at the interest rates set forth in the Indenture. The Mayor and City Clerk are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee for authentication and delivery to the Bond Purchaser. 7. The Mayor and City Manager and other officers of the City are authorized and directed to prepare and furnish to the Bond Purchaser certified copies of all proceedings and records of the City relating to the bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 8. The approval hereby given to the various • documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and the City officials authorized herein to execute said documents prior to their execution; and said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms • hereof. In the absence of the Mayor or Manager, any of the ��d'f • documents authorized by this resolution to be executed may be executed by the Acting Mayor or the City Manager, respectively. Passed: August 4, 1987 Mayor Attest City Clerk (SEAL) • I MEMORANDUM TD: Mayor and City Council FROM: Jean Johnson, Zoning Administrator THROUGH: Chris Enger, Director of Planning DATE: July 28, 1987 RE: Naegele Dutdoor Advertising Company's Request - Draft Three BACKGROUND Last fall, Nancy Jorgenson Fletcher and Michael Cronin of Naegele appeared before the City Council. At the meeting they proposed removal of certain billboards in the vicinity of the Minnesota River Valley and their relocation along other roadways in Eden Prairie. 4 a The City Council referred the request to City Staff for review. City Staff met with Naegele representatives on various occasions and discussed the following: Naegele's proposal, the City's Advertising Sign Code, existing billboards, possible new billboard zones, scenic areas, etc. Todate, Staff has compiled some introductory information on the issues. This memo contains review of Naegele's request, existing billboard conditions and agreements, and other items. i1 NAEGELE'S REQUEST Attached is draft three submitted by Naegele's staff outlining proposed Code , language changes, additional advertising sign zones, and a removal schedule for billboards #1-4 and 8-11. The draft outlines new advertising sign zones along I-494, T.H. #5, C.S.A.H. #62, County Road #18, and U.S. Highway #169-212. The zones are labeled Zone One and Two. Zone ,One would be designated for the large painted bulletins up to 672 sq. ft. size, upon properties zoned Commercial, Industrial, or Office. Zone Two would permit poster panels up to 378 sq. ft. size, upon properties zoned Commercial or Industrial, or property at Flying Cloud Airport which is zoned Public. Staff has reviewed the areas proposed in Zones One and Two and recommended deletion of scenic portions and areas not properly zoned. Attachment A illustrates the new districts minus the scenic areas. The Naegele draft proposes new advertising signs in these 2 zones as replacement or relocation of some of the existing advertising signs. The replacement ratio they discussed with Staff is: { - removal of 3 signs for relocation of 2 signs Page 2 Also proposed in the draft are regulations differing from our present Code: Code Regulation Naegele Draft 2,000' spacing between signs 1,500' spacing 25' maximum height for signs 37.5' height for Zone One 30' height for Zone Two EXISTING BILLBOARDS IN CITY An inventory of advertising signs conducted in October, 19B6, shows 19 signs in the City. These 19 signs are depicted and described on Attachments B & C respectively. One sign is owned by the Eden Prairie Shopping Center, three are owned by Schubert Advertising Company, and the remaining fifteen are owned by Naegele Outdoor Advertising Company. Not all of these billboards are in a City designated Advertising Sign Zone. According to spacing regulations contained in the current Code, 2,000 feet, a maximum of 9 billboards could be erected in the City's 2 designated Advertising Sign Zones. A speculative illustration of these locations are shown on Attachment D. Although these locations are consistent with i existing City Code, State permits may not be granted. City agreements in existence regulating the removal of certain billboards are summarized as follows: Billboard #14 A 90 day permit for this billboard was granted on July 18, 1986, the expiration date was October 18, 1986. City Staff contacted Naegele regarding the scheduled removal of this sign. Naegele's response was to wait and work out this permit along with its other sign issues before the City. s' Billboards #15, 16, and 17 The 19B4 Agreement between Vantage Companies and the City, which was also signed by Robert 0. Naegele, Sr. of Naegele Outdoor Advertising Company, contains the condition that billboards along I-494 are to be removed when the 4th building permit in the development is issued. City Staff contacted Naegele staff regarding adhering to this condition in May of 19B6. Naegele staff has chosen to wait the Council's decision on their request for relocation of billboards and 4 new district designation. Billboard #19 A resolution for the Eden Prairie Shopping Center off-site sign was adopted in 1975, and had a yearly renewable condition. Now with Prairie Center Drive and the 494 exit to U.S. #169 completed and drivers better acquainted with the system, this sign could be removed. The sign now contains inaccurate directions to the Eden Prairie Center. Page 3 Of the existing 19 billboards in the City, the Minnesota State Department of Transportation is involved in a condemnation case for the removal of Billboards 1-13. If the State is successful, the billboards in the river bottom would be removed plus 2 other billboards on US #169 just north of Anderson Lakes Parkway. The case may not be resolved for 5-15 years. Presently, the Highway Department is doing field title work to prepare the petition for condemnation. Depending upon other work priorities the title work could be finished in 6 months. If the City Agreements requiring removal of Billboards 14, 15, 16, 17, and 19 are adhered to, and the State Department of Transportation removes Billboards 1-13, Billboard #18 would remain. Billboard 18 does not have a State or City permit and unless it can be demonstrated to be a legal non- conforming use, it could be ordered removed. In this scenario, the City would not have any billboards. Besides City/Developer agreements outlining removal of certain billboards, the City has removed specific portions of the existing advertising sign zone in conjunction with development proposals. This was utilized in the Lion's Tap development when the Advertising Sign Zone within 500 feet either side of the property was removed. PRELIMINARY STAFF REVIEW Staff has expressed to Naegele that TH #5, County Road #18, and south side of I-494 are not suitable for billboards due to scenic areas, residential character or road classification. As an alternative, Staff discussed with Naegele having the relocated signs being placed in the following areas: 3,or 4 Billboards along the north side of I-494 between County Road 18 and U.S. #169. (Painted bulletins) 1 or 2 Billboards along west wide of U.S. #169 on airport property. (Poster panel) 1 Billboard along east side 'of U.S. #169 on Eden Prairie Shopping Center property. (Poster panel) 1 Billboard along east side of U.S. #169, and north of j. Shady Dak Road exit. (Painted bulletin) B maximum billboards (SEE ATTACHMENT E) Allowing the 3-4 billboards along the north side of I-494 would entail amending the agreement which requires their removal and grant the signs a relocation status as trade for other signs in the river bottom. According to the 3 for 2 relocation ratio, 6 river bottom billboards would be removed in order to keep the 4 billboards along the north side of I-494. Naegele is requesting to remove 3 river bottoms signs in order to keep 3 on the north side of I-494 this ratio would be 1 for 1. i Naegele considered this alternative, but wants to pursue additional locations as shown in yellow on their illustration. i is 4 Page 4 Using Naegele's proposed replacement ratio of 3 signs to be removed for 2 new relocation sites, it would be expected that Naegele would remove their 7 billboards in the river bottoms and relocate 4 on new sites. If Naegele acquires the 3 Schubert billboards, the total to be removed would be 10, and 6 would be relocated on new sites. If Naegele does not acquire the 3 Schubert signs, then the river bottoms would still contain 3 billboards. Staff believes Naegele's acquisition of Schubert's signs are important to a trade consideration. None of the above alternatives are meant to preclude bringing billboards already e conditions nasetos height,tence, isetback.e. sfrom oproperty lines,cspacing,cor removaloof those not having State or City permits. Or some may be requested to be relocated because of scenic concerns. In reviewing other items contained in Naegele's draft, Staff does not support a billboard height of 37.5 feet (current code 25') nor do we believe , a 672 square foot billboard is necessary at all locations when a 378 square foot billboard is readable. If extensions to the sign message are allowed, a maximum size or percentage should be included. SUMMARY Given the non-conforming aspects of many of the existing billboards and the undecided condemnation case on the majority of billboards in Eden Prairie, the City could choose to: Require conformance to existing agreements for removal of some billboards, request removal of certain other billboards which do not conform to City or State regulations, and wait to see how the State Department of Transportation condemnation case is decided. Or, enter into a replacement plan with Naegele. This process would include a public hearing process to establish new advertising sign zones or overlay districts. Through this process more detailed criteria on siting, height, sizes, etc. would be discussed and recommended by advisory commissions and Staff. t 1 , 12131 4151_ 61718 9 .1101 1 . • --. 1, .....c.---,,----4..........,A',L. Ca 1 tr.' 2 14 7, (' • ffillik. , ,447P-0'.- '6'1 A ..' '''' - "" liiti "..;' .14:: .. ...''' tYla,"+.':.. V 4 r2i I --. . • •• = '?... 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Js • �q �I S A .,+.a' '`\\I , �'�� as i. ii+} ♦ - I h�� :r 1 { .�I SAY Y +R.... i LE midi �r�: is : .4.-. 1,::w.„,,,e., r ��'llx;,,p^t�7��' � ' .i. �T".`�' . ��,f�, .��'� �,,yam' � �'}�.-...�,\ �Q -f{ti 1:jetiktwf c-. rr f 1 —.cam.'eAellisi , i ( " .. 11. ? Jte G \ ""16.1T I J\ � ■ I 19 A '' - li it J�� tiiiAli 11 i s L ! _ :,.. . ,ri;,11, lG� Z l I yv� il6 0•--...‹.., , ..,,_ - 1 1 Irv., 1 fk,,..‘4 , __, 'it' kii.Q.1,. IIIii L'. a . �. 'I t, eP_ `"-/ I .. ". -_1 1 r I 1 IIll ''it' d , a.�1�1,,F 7.1 r , 1 ` . .. . . lulu ,4.4 i 1 -— ,.i4 _ ,� ____ i Its T 8 941 `" . 5' ': �r J . J , Ill�ha ii►, e, - - P r . - J a`.8 EXISTING ADVERTISING SIGNS IN EDEN PRAIRIE 1-19 . . Designated Advertising Sign Areas according to City Code , `, B i v • nm',1v, a u N..: 8%0.. ow N• . 1 Q o• l' A `^. 0I I 00 'OSff k en0 . 1g4 �� ��=1$ I TEaoc k ro^ 24 ^ 3 3! ii4q,"E-r'3$ g 6 iio l°rtm 'g ro ro' m'A^ »v�N--� i .N a§0 i>o 3 z i i A d• o 8. 0; 823 vo^ aEEE z n Em f0m0Ll( 0000 IT n 'm.o m m222 2 m A m 0.0000 m m.r•0 H mmmm A F. mm remioitl» mmF.. If 1 om ro 1 8A 88o 8 X XX EXXXmXm EZ.EZ I"c$ C .. m y....m,C C C 9 C C C C C... ro C C C �� nnn o'a y-- 8mogo..ao 0 RRRRRN�'BQ„8"'E RRRRRN BENS =J2 n n n n m 0 4 0 6 0 0. 6 666 W M '3roro0-+ �0 m H1-6"" ro Rg t t r kRroA8� Aid_r ;1E '2" A 1 2,2 W t8 lbJ2V {y b M., b,,bbVN bbb N T O Q O C6 0 0 0 00 00066 g r• N n 0 a8 2 2 p Z Z Z Z 2 2 {S :"AAAASAS A5 A AA'AAAAAA AAAA p N; g . O• P P• P PPP• •P•• N8 0 11 0„ • / N NO?o—o' llN NNNN O 06 O O• O p• O . 0 0 0 = 8 8;"88§8§ §8h8 M 2�N060 ro 6 6• w6tN6666 6666 = O O ro N ro ro ro w g • • A a'. 28 a 2 8 2.222 2 0 Hro Nm mmmN Io n n'm $ 66 1; 68.13. Is ( ' ' 0 C 1 1 1 2 1 3 I_ 4 1 e I� 6 I 1 A 8 ` 9 1 10 1 i in IMP ?-1 ?me . ...., . ir. 40,- :, **4t . S....ar't" �e awe— i 17 Ire.. I { i �. , it....v,I.., .#1 :ill IV'lk-•Ei't ig,...,.„ ,,q 744 c '/ — Rya ► O �� - 1 f ,. E sae* I r ;,sA TR _ E - .... T I er• ,� A - imi N I�- 1 �y • j Al H moo 4 /[( /' `ice K new 4?�. ,A f } i! � P. 1 1 1 2 1 3 1 4 1 3 1 6 1 7 1 8 1 9 1 10 • • X Possible Billboards With 2,000 feet Spacing f ' / 1-1 D • k. .., ‘, 'Ai' ....... , osa..,-7"--4.1F1- ' —.. ii& ''''.-14:r A 9{ 4Fh 1%: I, d. Y �1t•r 4+^ Ay w r� � r, /.'1 at,, �.* �*� ljeti Ali — `► rr p ryes I }�' �. - -pull, t* ���r_ 'ar `r.. l � +�! � ` . I , _4 --• : .,A,S..— 1Ist 4F / '°4It I . .\ - . ' F k7 i • '\: ifs 4 lip N e... i 1 /f 1a,�nr_ x .�. , . GIs r I t 1. i 1 i 1 1 1 1 i 1 \,': j 1 j 2 j 3 j 4 j L 6 j_ 7 j 8 j 9 j 10 . 1 * Possible Relocation Sites 3 ( ( F♦ `d,G9? ' 1 / T. e " \ t� �, , 9 1 ,._i h^ l a._ .fit, t a, —;�c' - CA ri R � F . - sF. _ �, F fir. dAS 4 " ?i Y" r.. ► , 312,' i to !¢_,,LL���`�, 9 'Fd f.WJ .z L..� s.. y' l �A.. Crc: f°I>Pk ' i f, e' • • a { 7,7144- 0 EDEN PRAIRIE �i DRAfi' THREE I . Advertising Sign Replacement Zones The following areas are hereby designated Advertising Sign • Replacement Zones. I. Advertising Sign Replacement Zone One. The nun-residentially zoned parcels along both sides of Highway 1-494 and along both sides of the limited access service parts of Highway 5, 18, 62, 212 and 169, except for the following areas of significant scenic quality. These reserved areas are located . . . 2. Advertising Sign Replacement Zone Two. The parcels zoned for commercial or industrial use along both sides of the parts of Highways 5, 212 and 169 that are not limited access in service, except for the following areas of significant scenic quality. These reserved areas are located . . . (See map) II. Advertising Signs New advertising signs are permitted only as the replacement or relocation of an existing advertising sign. Advertising signs located within advertising sign replacement zones may be replaced or relocated in the same or another replacement zone. Advertising signs not located in an advertising sign replacement zone may only be relocated to conforming locations and only at a replacement ratio of two new structures for each three existing structures removed. The Manager or designated staff member shall issue the permit upon making the following findings: A. Generally I. The advertising sign to be erected is a proper replacement • or relocation of an existing advertising sign or signs. 2. Prior to commencement of construction of the new advertising sign the previous sign or signs must be removed. 3. The advertising sign conforms to all standards for that advertising sign replacement zone. 4. The advertising sign permit fee has been paid. 5. The advertising sign will not be located closer than 1,500 Feet to any other advertising sign on the same side of the same street or highway. t>. The advertising sign will not be located closer than 300 feet to any residential district located on the same side of the same street, or highway. 7. The base of the advertising sign is not located within any required yard in that zoning district or on the roof or extending above the roof on any structure it is attached to. 8. The advertising sign does and will not display any flashing lights or similar devices. 9. Any temporary extension of the sign will be an intergral part of the message displayed on the basic sign face. 10. The advertising sign is structurally sound, is supported by a single steel pylon, and is constructed of materials that require little or no maintenance. V-type and back-to-back sign structures are permitted. The "V" in a V-type sign shall not exceed 30 degrees. Side-by-side structures or faces are not permitted. B. Advertising Sign Replacement Zone One. 1. Advertising signs shall be located in a Commercial, Industrial or Office Zoning District. 2. The basic sign face shall not exceed 672 sq. ft. or be greater than 371 feet above grade or the elevation of the highway from which it is intended to be viewed, whichever is greater. C. Advertising Sign Replacement Zone Two • 1. Advertising signs shall be located in Commercial or Industrial zones or on the property of the Metropolitan Airports Commission. 2. The advertising sign is located on a parcel with at least 200 feet of frontage on the street or highway. 3. The basic sign face shall not exceed 378 sq. ft. or be greater than 30 feet above grade or the elevation of the highway from which it is intended to be viewed, whichever is greater. The determination of the City Manager or designated representative may be appealed by filing a notice of appeal with the City Clerk. Ar 14 Mayor Gary Peterson and City Council members City of Eden Prairie 7600 Executive Drive Eden Prairie, Minn. 55344 July 29, 1987 Dear Mayor and City Council: The Bicentennial of the U.S. Constitution Committee respectfully requests that you consider naming the access road to Round Lake Park as Constitution Avenue--an honorary designation which would be part of Eden Prairie's observance of the Constitution's 200th birthday. Should the City Council approve the honorary designation, It would be the Committee's intention to hold a ceremony to observe and publicize the new name. Thank you for your consideration of this request. • S1ncerely, Thomas Nowden Co-Chair Bicentennial of the U.S. Constitution Committee CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA • RESOLUTION NO. 87-225 RESOLUTION DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF I987 SPECIAL ASSESSMENT ROLLS AND SETTING . HEARING DATE WHEREAS, contracts have been let for the following listed improvements and the total project cost, including expenses incurred, or to be incurred and the City's share, exclusive of that assignable to City Property, are estab- lished as shown on the attached Exhibit•A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: • 1.' The cost of such improvements to be specially assessed are hereby declared to be those as set forth in Exhibit A. • 2. The City Clerk with the assistance of the City Engineer shall forthwith calculate the proper amount to be assessed for each improvement against every assessable lot, piece or parcel of land within the district affected without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in the office of the Deputy Clerk for • public inspection. 3. A hearing shall be held on the 1st day of September, I987, in the Eden Prairie City Hall, 7600 Executive Drive, at 7:30 p.m. to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessments. 4. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessments to be published once in the official newspaper at least two weeks prior to the hear- ing. He shall also cause mailed notice to be given to the owner of record of each parcel described in the assessment roll not less than two weeks prior to the hearing. ADOPTED by the Eden Prairie City Council on August 4, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Franc, Clerk �1Z3