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HomeMy WebLinkAboutCity Council - 09/15/1987TUESDAY, SEPTEMBER 15, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson Page 2338 Page 2362 PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATION FOR OBSERVANCE OF EDEN PRAIRIE "DAY OF PEACE" I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. CITY COUNCIL MEETING HELD TUESDAY AUGUST 4 1987 (Continued from September 1, 1987 -- 8. CITY COUNCIL MEETING HELD TUESDAY AUGUST 18 1987 III. CONSENT CALENDAR A. Clerk's License List B. Request from Robert Bjorkland, President of New Concept Homes, for naming of Park Page 2385 Page 2386 Page 2250 Page 2384 Page 2337 C. Final Plat approval for Eden Pointe (south of County Road #1 and east of Homeward Hills Road) Resolution No. 87-2g -- D. 2nd Reading of Ordinance No. 47-87 amending City Code Section 2.18 which regulates the terms for the Historical & CTITEUFil Commission E. Receive petition for street and utility improvements within Columbine Road right-of-way and authorize preparation of a Feasibility Study, I.C. 52-130 (Resolution No. 87-261) F. ESPECIALLY FOR CHILDREN. 2nd Reading of Ordinance No. 38-87-PUD-8-87, PUD District Review and Zoning District Amendment within the Neighborhood Commercial District; Approval of Developer's Agreement for Especially for Children; and Adoption of Resolution No. 87-247, Authorizing Summary of Ordinance No. 37-87-PUD-8-87, and Ordering Publication of Said Summary. 1.29 acres for construction of a day care facility. Location: South of Townline Road, east of Dell Road. (Ordinance No. 38-87-PUD-8-87, PUD District and Zoning District Amendment; Resolution No. 87-247, Authorizing Summary and Publication) Page 2389 Page 2391 City Council Agenda - 2 - Tues.,September 15, 1987 G. Receive 100% petition for street and utility improvements for Wyndham Crest Addition and authorize preparation of plans and specifications, I.C. 52:TY9 (Resolution No. 87-25§T Page 2397 H. 1st Reading of Ordinance No. 48-87, renaming Appaloosa Lane to Tree Farm Road IV. PUBLIC HEARINGS A. ROGER'S BODY SHOP, INC., by Roger L. Lindeman. Request for Zoning Page 2264 District Change from Rural to 1-2 on 1.68 acres with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 1.91 acres into one lot and road right-of-way for construction of an auto body shop. Location: Highway #169 across from the Hennepin County Vocational Technical School. (Ordinance #44-87, Rezoning; Resolution #87-249, Preliminary Plat) Continued from September 1, 1987 B. BLUESTEM HILLS 4TH ADDITION, by Brown Land Company. Request for Page 2280 Planned Unit Development Concept Review on 15.94 acres, Planned Unit Development District Review on 15.94 acres with variances, Zoning District Change from Rural to R1-13.5 on 10.57 acres with Shoreland variance to be reviewed by the Board of Appeals, Zoning District Amendment within the R1-13.5 District on 5.36 acres, and Preliminary Plat of 15.94 acres into 27 single family lots, 3 outlots, and road right-of-way. Location: West of Bennett Place and Bluestem Lane. (Resolution #87-250, PUD Concept; Ordinance #45-87-PUD-11-87, PUD District and Zoning District Change; Resolution #87-251, Preliminary Plat) Continued from September 1, 1987 C. FALL 1987 SPECIAL ASSESSMENT HEARING (Continued from September 8, 1987) Resolution No. 87-254 D. Vacation of Drainage and Utility Easements over part of Lots 1 and 3, Block 1, Prairie View Center (located north of Highway No. 5 Page 2403 and east of Prairie Center Drive) Resolution No. 87-258 V. PAYMENT OF CLAIMS VI. ORDINANCES & RESOLUTIONS VII. PETITIONS REQUESTS & COMMUNICATIONS A. Request from Beijing II Inc. VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members 1. Set Special City Council meeting for Tuesday, September 21, T-9117 7:30 PM to consider the City Budget B. Report of City Manager 1. Award Contract for construction of Fire Stations (Continued from September 1, 1987) Page 2404A Page 2405 Page 2400 City Council Agenda - 3 - Tues.,September 15, 1987 2. Scheduling for Strategic Planning Page 2406 C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Community Services 1. Request from Stan Tekiela Page 2407 2. Request to approve plans and specifications and to authorize Page 2412 advertisement for bids for Community Center partiil repair F. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT ITT Engineering Land Surveying Landscape Architecture Planning Non _ Erma' I lac. 8080 Wallace Road Eden Prairie, Minnesota 55344 (612) 934-4242 September 15, 1987 Mr. Carl Julie City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Rogers Body Shop Dear Mt. Julie: On behalf of Roger Limieman, I would like to ask for a continuance of his body shop proposal at the City Council tonight. We would like to have anAdditiCOSIAW6-44Meks to finalize negotiations with the two neighbors to the south of this project regarding the assessments for the proposed road and utilities. Sincerely, Sandra L. Brown Bluestem Hills David W. Brown Wayne E. Brown Brown Land Company (612).934.0338 (612).944• 3360 10200 Wild Duck Pass. Eden Prairie, Minnesota•55344 September 15, 1987 Mr. Chris Eager City Planner City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Re: Bluestem Hills 4th Addition Eden Prairie. MN Dear Mr. Eager: As we discussed today, we would like to request a 60 day extension to the City Council's consideration of the prelimary plat for the above referenced project. This extension would give us more time to study the project, and look for ways to address the City staffs concerns. In the interim, we would like to proceed with the final plat for the eastern seven lots as shown on the attached sketch. This area has previously had preliminary plat approval under Bluestem Hills 1st Addition, and these seven lots will not be substantially different form the approved prelimary plat. If you have any questions, please call. jitiT t Wayne Brown MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Mayor and City Council City Manager Carl Jullie Assistant to the City Manager Craig Dawson Award of Bids for Fire Stations Construction September 15, 1987 On May 6, 1986, Eden Prairie residents authorized issuance of $2.3 million in general obligation bonds for improvements to the City's firefighting system. These improvements contemplated construction of a new Fire Station No. 4 (at Homeward Hills and Sunnybrook Roads), expansion and remodeling of Fire Stations Nos. 2 and 3 (at Technology/Flying Cloud Drives and Valley View/Eden Prairie Roads, respectively); and addition of five new pieces of fire apparatus, including two pumpers, two heavy rescue squads, and one ladder truck. A contribution of up to $250,000 from the Metropolitan Airports Commission (MAC) was expected toward the construction of Fire Station No. 4. Fire Station Bids: Bids for work on the fire stations were opened on August 11. Five bids were submitted, but two were invalid because they arrived after the time for the bid opening. The bids are tabulated below: Del's Merrimac Trucker Construction Construction Construction Fire Station No. 4 $ 769,500 $ 912,122 $ 970,400 Fire Stations Nos.2&3 979,500 1,159,037 1,032 200 Total 1,749,000 2,071,159 2,002,600 Less Deductions 66,924 58,247 50,800 Net Bid 1,682,076 2,012,912 1,951,800 Architects' Estimate $ 615,000 683,000 1,298,000 These bids are significantly above the amounts calculated for the bond issue. A variety of things evidently contributed to the high bids. The architect, in reviewing the bids, determined that the bulk of the increase came from a multitude of items in the few-hundred-dollars-here, a-thousand-dollars-or-two- there variety. It also appears that the construction market hit a surprisingly higher cost cycle; Minnetonka also received higher-than-expected bids for a fire station on the following day. Many subcontractors apparently believed they were already filled up with work. In further review, the architect and firefighters have identified numerous items which could be changed and result in further deductions in the range of $100,000 to $120,000. If such a change order were successfully executed, the resultant contract amount would be approximately $1,585,000. However, $100,000 should be added for construction contingencies. Costs of the Station and Equipment Improvements: The costs of improvements now stand as follows: $1,785,000 $ 160,000 $1,300,000 $3,245,000 250,000 Fire Station Construction & Contingency Architect and bond Issuance Fees Fire Equipment less MAC contribution (1/3 construction & architect fees for Station 4) less Bond Proceeds $2,995,000 $2,300,000 $ 695,000 -2- If one were to assume execution of a change order for the deductions already identified, the difference would be reduced to approximately $585,000. Bids were opened on September 14 for four of the five pieces of fire equipment. Prices received indicate that the City's estimate of cost is on target. Alternatives: Several alternatives are readily apparent: 1) Reduce the scope of construction; 2) Reduce the number of pieces of equipment; 3) Issue additional debt (upwards of $600,000 in fire equipment certificates); 4) Identify a new response system; 5) Reject the bids; 6) Some combination of the above. I. Reducing Scope of Construction - Staff and the architect believe that the building programs have been reduced as far as possible without damaging the integrity of the structures and of the competitive bidding process. Counsel advises that further changes should necessitate rebidding of the work. 2. Reduce Equipment. During the referendum, the City represented that it needed more and modern equipment to serve existing and foreseeable development. Equipment was the City's priority need, and station improve- ments were necessary in part to house the fire and emergency response fleet. The equipment would also provide a better response to emergencies expected at Flying Cloud Airport, and thus became the basis for MAC's willingness to participate financially in the construction of Station No. 4. No reductions in the number of pieces of equipment should be made. 3. Issue Additional Debt: To implement the total fire response improvement prograil—(wiaTiTation revisions), Council would need to authorize approximately $600,000 additional debt to be issued. Fire equipment certificates may be issued having maturities within five years, and may be issued in any dollar amount (they need not relate to specific pieces of equipment). The mill levy impact of such an issue would depend on the structure of maturity dates; estimated levies should fall in the 0.3 - 0.45 mills range. Staff does not believe issuing certificates in the $600,000-range is financially prudent. 4. Identify a New Response System: Staff has studied alternatives for the use of the Tolir stations. We recommend the following program: *Construct Station No. 4, and remodel and expand Station No. 3 (Valley View & Eden Prairie Roads). These stations would become what the firefighters are calling "superstations" which, along with the main station at Highway 5 and Mitchell Road, would be ones from which general responses would be called. This - 3 - arrangement would provide more flexibility in initial response as well as more efficient back-up response. Equipment could also be more effectively allocated among Stations No. I, 3, and 4. *Forgo remodeling Station No. 2 (Technology Drive/U.S. Hwy. 169). Hennepin County paramedic units would be moved from the main station, and in so doing would free up space for fire equipment and firefighters. Paramedic response to the western part of the City would be adequate from Hennepin paramedics stationed in southwestern Minnetonka. Station No. 2 would be used for specialized responses. Several pieces of equipment would still be housed in Station No. 2: more specialized apparatus for industrial incidents for northeastern Eden Prairie; equipment undergoing maintenance and repair; and seasonal response units (e.g., boats for water rescue). Remodeling and expansion of Station No. 2 can be delayed until greater need is apparent. *The location of the stations, the array of equipment, and the firefighter response patterns will not diminish the fire insurance rating as determined by the Insurance Service Organization (ISO). 5. Reject the Bids: To accomplish Alernative No. 4, Council will need to reject the bids. The bids were structured as a package, and as such the City could not accept bids on a station-by-station basis. At this time, it appears that rebidding will reduce construction costs in the range of $300,000 - $350,000. The anticipated timeframe for work would be to award the construction contract in November, begin work by December 1, and have Station No. 4 completed by July 1988 and Station No. 3 by November 1988. This schedule would add winter construction costs which, depending on the severity of the winter, result in up to $75,000 additional outlay. 6. Combination of Approaches: As can be seen, three of the alternatives should be used. First, the opportunity to implement a new response system which promises several operational efficiencies should be followed. Construction should proceed on Stations Nos. 3 and 4, and be delayed indefinitely on Station No. 2. Second, Council should reject all bids, and authorize preparation of revised plans and specifications and advertisement for bids. Third, under the new plan, issuance of fire equipment certificates in the $300,000 range is feasible. This amount is about one-half of the total which would be required if the bids on the table and the overall fire response system originally envisioned were to be adhered to. RECOMMENDATION: It is recommended that Council reject all bids and adopt Alternative No. 6. CWD:jdp CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-262 RESOLUTION PROCLAIMING EDEN PRAIRIE DAY OF PEACE WHEREAS, people throughout the world seek and desire peace; and WHEREAS, several churches in the community are sponsoring the second annual Eden Prairie Day of Peace; and WHEREAS, this Day of Peace will be observed on Sunday, September 20 at the Staring Lake Park pavilion; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie proclaim September 20, 1987 as Eden Prairie Day of Peace, and BE IT FURTHER RESOLVED that residents of the City be encouraged to observe the Day of Peace through this community event or in their own meaningful way. ADOPTED by the City Council of the City of Eden Prairie on September 15, 1987. Gary D. Peterson, Mayor SEAL John D. Frane, City Clerk City Council Minutes 1 August 4, 1987 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, AUGUST 4, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson 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. Pidcod( - Discussion on budget process; X. A. 2. Peterson - Schedule workshop to go through Emergency Operating Plan and Code; X. A. 3. Harris - 1-494 Corridor Workshop; X. A. 4. Anderson - Report on storm damage to the City; Xl. Jullie - School Board meeting for August 18, 1987 at 5:30 p.m. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as amended and published. Motion approved 5-0-0. II. MINUTES A. Regular City Council Meeting_beki Tuesday. July 21. 1987 MOTION: Pidcock moved, seconded by Bentley, to approve the July 21, 1987 City Council Minutes. Motion approved 5-0-0. III. CONSENT CALENDAR City Council Minutes 2 August 4, 1987 B. Award contract for grading at Eden Lake School. Willow Park and Homeward.1±1112arli C. Final Plat approval for Thomoson Addition (south of Valley View Road, east of County Road 4) Resolution No. 87-214 D. Final Plat approval for Edenvale Executive Center Four (south of Valley View Road, east of Executive Drive) Resolution No. 87-215 E. Final Plat approval for Mount Curve Addition (east of W. 168th Avenue, south of North Manor Road) Resolution No. 87-216 F. Final Plat approval for Mount Curve Addition (south of Mount Curve Road, east of Franlo Road) Resolution No. 87-217 G. Resolution reauesting MWCC sewer connection permit for The Ridge 3rd Addition (Resolution No. 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 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. Location: East of Franlo Road, north of Laurel Drive. (Ordinance #26-87, Rezoning; Resolution #87-180, Authorizing Summary and Publication) 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 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 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 Developers Agreement for Timber Creek North; and Adoption of Resolution #87-220, Authorizing Summary of Ordinance City Council Minutes 3 August 4, 1987 #34-87-PUD-6-87, and Ordering Publication of Said Summary. 89 acres into 110 lots, 3 outiots, 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 #87-220, 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; 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 11 by Equitable Life Assurance Society. 2nd Reading of Ordinance #36-87-PUD-7-87, Planned Unit Development District Review on 15.5 acres with Zoning District Change from Rural to 1-2 on 15.5 acres with variances; Approval of Developer's Agreement for Edenvale Executive Center II; and Adoption of 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. (Ordinance #36-87-PUD-7-87, PUD District and Rezoning; Resolution #87-222, Authorizing Summary and Publication) M. Adoption of Joint Powers Aareement with Hennepin County for CDBG Funds (Resolution #87-223, Adoption of Joint Powers Agreement) Bentley asks City Manager Jullie if Item B awarding a contract should be on the Consent Calendar. Jullie responded, "yes". Bentley asked If a roll call vote was needed for this item. Jullie said it's not necessary since this is not a public improvement contract that requires the typical forwarding process. MOTION: Harris moved, seconded by Pidcock, to approve Items A - M on the Consent Calendar. Motion approved 5-0-0. City Council Minutes 4 August 4, 1987 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 27.9 acres into 25 single family lots, one outlot, and road right-of-way. Location: West of Purgatory Creek, east of Tristram Way. (Ordinance #37-87, Rezoning; Resolution #87-224, Preliminary Plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Don Patton, representing proponent, addressed the proposal. Robert Bjorklund, President of New Concept Homes, was available for questions. Planning Director Enger said the Planning Commission reviewed this item at the June 22nd Planning Commission meeting and the Commission continued this to July 27th asking proponent to provide a complete tree inventory. Enger said there are 5,000 caliper inches of hardwood trees on the entire site that are 12 inches or greater in size. Enger said the Planning Commission recommended approval on a 5 - 0 vote subject to changes recommended in Staff report of July 24th. Enger said approximately 30 percent of trees on site are being removed and under the City's tree replacement formula proponent would replace approximately 5 percent of these trees. Enger referred to Staff report of July 24th under "Staff Recommendations" 1. A. and said the current policy requires 250 percent bond; that this is a stronger effort to assure the developer installs the trees and not the City. Enger referred to Staff Report of July 24th under "Staff Recommendations" 1. B. C. D. E. F. Enger mentioned Item F. Enger said that the proposed development falls within the conservancy area of the Purgatory Creek Study and that it's not possible to develop on the property without being within this area of the Purgatory Creek Study. That it makes preservation of floodplains and trees adjacent to the floodplain all that more important. City Council Minutes 5 August 4, 1987 Enger referred to Item G under "Staff Recommendations" from Staff Report of July 24th and Staff suggests the developer bond for trees in questionable areas and then through the developer's and builder's efforts every tree that was saved would be given credit against the projected number of trees. Enger referred to Item 2, 3 and 4 of the Staff Report under "Staff Recommendations." Enger said the majority of trees that are represented as being saved perhaps can be saved by the use of retaining walls prior to construction on individual lots and Staff recommends that retaining walls that are saving those large treed areas be constructed with street construction. Enger referred to retaining walls and Staff is making changes in recommendations and recommends retaining walls not be over four feet high; that drainage be diverted around them, not over them; that retaining wall details be reviewed by the Engineering and Building Department and building permits be issued so they are structurally designed correctly. Enger mentioned that the Park, Recreational and Resource Commission has not reviewed this item and said there are a couple of Park and Recreational issues. Enger said the Park and Recreational staff comments are reflected in the Planning Commission Staff Report. Enger referred to the letter from Mr. Robert Bjorklund dated August 3, 1987 and a July 31, 1987 letter from the Builders Association of Minnesota. Enger pointed out that the Builders Association of Minnesota letter came subsequent to review by the Planning Commission and the Park and Recreation Commission and those commissions were not aware a potential review by the Builders Association was being requested. Enger referred to the Builders Association letter of July 31, 1987 and stated the most impact to the City's current tree replacement policy is the idea that trees would not have to be replaced that were removed from city road right-of-way. Enger said Staff made suggestion to change alignment of the roads for this project because the roads go through the major quality treed areas and through the main topographic features on the site. Enger pointed out the tree replacement policy has been revised a City Council Minutes 6 August 4, 1987 number of times in the past several months; and that Staff has been working with builder and City to settle objections to the satisfaction of both parties. Enger mentioned when there is more than one builder in a development it's difficult to keep track of how the project is graded and that's it's a difficult type of land use to manage, particularly in treed areas. In very wooded areas other land uses are perhaps more appropriate. Enger said this developer is asking for approval subject to any changes coming from the Minnesota Builders Association. Enger went on to mention exactly what the tree replacement policy does and does not do. Enger said in this case the developer is removing 30 percent of the trees which calculates to five percent of the woods replaced. Enger talked about not having enough open space to put trees back in and said the developer will create open space by developing the lots and, secondly, when the developer has a difficult time finding places to replace trees on the site it indicates how many trees are being removed. Enger said the Planning Commission, understanding developer was in concurrence with tree replacement policy, recommended approval on a 5-0 vote. Bentley asked what Patton meant by other alternatives to meet tree replacement goals. Patton said when the sewer line was put through the site most of the trees were taken out, and he referred on the map to this area. Patton said in designing the site they came up with a lot of alternatives and referred to the map how they came up with the present design. Bentley asked Patton again what other alternatives Patton was referring to and he asked for something more specific rather than the words "other alternatives", wanted to know what Patton proposed as an alternative. Patton referred to the importance of setting a dollar amount per caliper inch for the trees rather than have bonding up front. Bentley referred to Mr. Bjorklund's letter of August 3, 1987 and asked if it was Patton's position that Wyndham Crest be approved subject to any restrictions of City tree replacement policy and bonding requirements. Patton agreed and said he would like this to be included with any changes. Bentley asked City Attorney Pauly if it's wise to approve a project subject to possible revisions in Code at a future date. Pauly said it would not be a wise action because it would leave the issue open for a period of time. City Council Minutes 7 August 4, 1987 Pauly stated if there was a reexamination soon prior to final plat or issuing building permits, then it might be equitable to consider approval. Pauly stated from a legal point of view if Council approves and no changes are made, then the tree policy stands as presently exists and the developer will enter an agreement to abide by that policy. Only if Council takes some future action would there be modification accordingly to the policy. Patton said that was acceptable. Peterson asked Enger if it's reasonable that Staff will review the tree replacement policy, forward recommendations to Council, get response from Council, before the first building permit is issued. Enger said Staff expects that it would be. Peterson mentioned that one alternative to this issue would be to continue the hearing until the policy is changed or simply adhere to policy. Anderson said he walked this parcel of property this afternoon and went on to explain the area in question and the different variety of trees in this parcel of land. Anderson questioned the area, where the roads go, the lot size, and is concerned about protecting this area for the future. Anderson said he would like to see a different plan; would like to see a preservation of as many trees as possible in this area; and would like to see larger lot size. Pidcock said she would like to continue this hearing if there's any change in the tree policy. Anderson mentioned the fact that it did not get to the Park Commission and would not want to vote on the issue until he had a recommendation from the Park Commission. Harris said she prefers to work within the frame work of existing policy or defer decision until we have decided what that policy is. Bentley asked Enger if Staff is recommending any changes in policy and Enger said they just received the letter yesterday and Staff could be recommending some changes. Bentley asked Enger if there was a proposal format before Council that would recommend change in that proposal and Enger said there wasn't. Bentley said he was concerned about holding up approval over a possible change in policy that isn't even officially in progress and said he would be opposed to a continuance or denial. Bentley mentioned he has concern over proceeding prior to Park and Recreation Commission review. Harris said she's not comfortable unless acting within existing frame work of policies already in place. Harris mentioned the fact there was City Council Minutes 8 August 4, 1987 some flexibility within the existing policy. Harris asked the developer if he was comfortable and willing to work within existing policy and Patton said the developer was. Mr. Richard Feerick, representing the sellers, said it's in the best interest of the sellers to continue the sale within the time frame if possible. Feerick also mentioned he's a member of the Minnesota Builders Association and said the Association has the same interest as Council to protect trees and effectively develop the site. Robert Bjorklund, President of New Concept Homes, said he talked to the Builders Association and their intention is to look at different alternatives with respect to the bonding, increasing the tree policy of the City by asking for one or two trees be placed on every subdivision that had no trees, and more consideration for credit in tree line of the roadway. The Builders Association reassured Bjorklund they're trying to help because of small builders. Bjorklund said he reinforced what Feerick said. Peterson asked if it's been negotiated on the bonding from 250 percent to 150 percent. Enger said it's already in the specific recommendation of the Timber Creek project that Council approved previously. MOTION: Harris moved, seconded by Pidcock, to Close the Public Hearing and Approve 1st Reading of Ordinance No. 37-87 for Rezoning. Anderson mentioned concern that this area is next to a nature park and changes have been made in the plans since the entrance to the parkway was first drawn in and there are 126 homes that have little or no access to one of the largest park areas. Anderson said he's concerned that the Park and Recreation Commission is not aware of some of the changes here and said he hasn't had a chance to talk to the Community Services Director. Anderson said without the information from Lambert he can not make a wise decision and will not vote for the motion. Peterson asked Enger if the Park and Recreation Commission will review this prior to 2nd Reading and Enger said they would. Peterson asked if the motion were amended to say "Approved subject to the approval of the Park and Recreation Commission or successful negotiation between Park and Recreation and the proponent with final approval," would that be acceptable with Anderson. City Council Minutes 9 August 4, 1987 Pauly recommended not make it subject to approval of the Park and Recreation Commission, but make it subject to imposing conditions. MOTION: Bentley moved, seconded by Harris, to amend the motion on the floor by adding that the 2nd Reading of the Rezoning Ordinance would occur after review of the development proposal by the Parks, Recreation, and Natural Resources Commission. Pauly stated that what Bentley suggested was fine, subject to review by the Park and Recreation Commission, but added that the motion be subject to the Council's acceptance or rejection of recommendations by the Park and Recreation Commission. Bentley said he would amend the motion to contain Pauly's language as stated above. Harris accepted that amendment. VOTE ON THE AMENDMENT: Amendment carried 5-0-0. MOTION: Harris moved, seconded by Pidcock, to Adopt Resolution No. 87-224 approving the Preliminary Plat of Wyndham Crest for Burl Corporation, 2nd Reading subject to review by the Park and Recreation Commission and subject to Council's acceptance or rejection of recommendations by the Park and Recreation Commission. Motion approved 4-1-0 with Anderson opposing. MOTION: Harris moved, seconded by Pidcock, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Anderson mentioned concerns about developing a forested area and the number of trees that will be taken out and said there are other alternatives. Anderson mentioned Council has the ability to preserve more trees in the Code and doesn't feel Council has taken the opportunity to preserve more trees. Peterson mentioned the tree replacement policy and also mentioned he doesn't want Council redesigning proposals. Anderson said Council can do better and referred to having an R1-44 in the development. VOTE ON THE MOTION: Motion approved 4-1-0 with Anderson opposing. B. ESPECIALLY FOR CHILDREN Request for Planned Unit Development City Council Minutes 10 August 4, 1987 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 facility. Location: South of Townline Road, east of Deli Road. (Ordinance #38-87-PUD-8-87, Rezoning within PUD/Neighborhood Commercial District) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Ed Kodet, representing the proponent, introduced Priscilla Williams. Priscilla Williams, President of Especially for Children, addressed what the company does. Anderson asked Williams what age the children will be and Williams said 16 months to 5 years, and may have school age children if there's a need in the community. Anderson mentioned there was a big demand for infant care in the City and Williams said this fall she's opening an infant care center at North Memorial Hospital which will be the centers first infant care program. Williams said she didn't want to commit to infant care at the Eden Prairie facility until the trial run with North Memorial to see how the center works out. Williams also mentioned the center will be designed to build in infant care facilities. Harris said she's comfortable with 16 months to 5 years and the current plan for North Memorial Hospital. Pidcock said that it bothered her that daycare centers were always next to gas stations and wanted to know if a study had been done on the affect of car and gasoline fumes on children at these centers next to gas stations. Williams said none of her facilities happen to be next to gas stations and said their playground would be behind the building so there would be a buffer for the playground area. Harris asked how many centers Williams has and Williams said they have eight different facilities all in the Minneapolis area and suburbs. Harris asked Williams how long she had been in the business and Williams said 11 and a half years. Ed Kodet, representing the proponent, addressed the proposal. Director of Planning Enger said this item was reviewed by the Planning City Council Minutes 11 August 4, 1987 Commission on July 13th, 1987. Enger mentioned that the site plan review was required with original approval of the PUD and necessary to gain the requested zoning. The idea of a site plan review was to tie this building into the existing Tom Thumb center. The Planning Commission recommended approval on a 6-0 vote subject to recommendations of the Staff report of July 10th. Bentley asked if the issue of rooftop mechanical has been addressed by the Planning Commission and Kodet said the proponent is not going to have any rooftop mechanical. MOTION: Anderson moved, seconded by Pidcock, to Close the Public Hearing. Motion approved 5-0-0. MOTION: Anderson moved, seconded by Pldcock, to Approve the 1st Reading of Ordinance No. 38-87-PUD-8-87 for Rezoning within the PUD. Motion approved 5-0-0. MOTION: Anderson moved, seconded by Pidcock, to Direct Staff to prepare a Development Agreement and incorporating Commission and Staff recommendations. Motion approved 5-0-0. C. EDENBROOK, by David Noel. Request for Zoning District Change 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) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Dave Hoel, representing the proponent, addressed the proposal. Planning Director Enger said this item was reviewed by the Planning Commission on July 13th, 1987 and the Planning Commission recommended approval of the 13 lot subdivision with one lot as floodplain to be dedicated to the City on a 6-0-0 vote subject to Staff report recommendations of July 10th, 1987. Enger stated the Planning Commission's recommendations are as follows: One, prior to City Council review proponent should revise the plans to reflect a five-foot City Council Minutes 12 August 4, 1987 wide concrete sidewalk along the west side of Edenbrook Drive; revise the plans to reflect extension of Edenbrook Drive and water line to the southern property line; revise the plans to reflect evergreen plantings along the proposed berm for noise abatement measures for the northern lots when Crosstown comes through. Two, prior to 2nd Reading a joint powers agreement between the City of Eden Prairie and the City of Minnetonka be signed for the extension of the sanitary sewer line. Three, prior to final plat detailed storm water plans and utility plans be reviewed by the City Engineering Department and provide right-of-way in the final plat for County Road 62 as required by Hennepin County; apply for and receive variance for lot size, subject lots Block 1, Lots 4 - 6, adjacent to the floodpiain. The Park and Recreation Commission suggested that an outiot be created in the lot adjacent to the floodplain and be considered for lot size variance. Enger said Staff supports approval of the variances. Four, prior to grading permit issuance developer would be responsible for installing a construction barrier at grading limits; a park fee would be applicable to this project and place a temporary dead end sign and temporary cul-de-sac sign at the end of Edenbrook Drive. Five, prior to final plat proponent dedicate Outiot A which is floodplain for the City for conservation purposes. Enger said the western portion of this property is within the conservancy area of the Purgatory Creek study and proponent is proposing to dedicate floodplain to the City and the Planning Commission recommends approval. Peterson asked Enger if there's reasonable access to the east as this is developed. Enger said that the Edenbrook property is surrounded by undeveloped property to the east, south and west; Staff has looked at a plan which would provide cul-de-sac access to the undeveloped property to the east because the developed land further to the east is at a much higher elevation. Enger said the property to the east is not wide enough by itself to put a cul-de-sac in on a north/south alignment and obtain lots on both sides. Enger said Mr. Markham is the property owner to the east and Mr. Uram with the planning staff talked with Mr. Markham about the proposed plan the Council has before them prior to the Planning Commission meeting. Enger said Mr. Markham did not comment on the plan at that time and Staff received no comments at the Planning Commission meeting Peterson mentioned the evergreen use as a buffer along the north side of the property and wondered about the durability of evergreens with salt City Council Minutes 13 August 4, 1987 spray when the Crosstown is extended. Asked if the trees are far enough away or will they die out. Enger said his recollection is the evergreens are on the site now and would have to look at the variety of evergreen and distance to answer the question. Noel said they're spruce trees on the property and planning a six foot high berm. Enger said a wood fence in combination with the trees might be a solution. Anderson asked Enger if there's any possibility to put a moratorium on anymore Edens or Prairies for street names. Enger said Council is in control of both street names and names of subdivisions and has the authority to accept or reject the names. Rick Sather, representing Mr. Markham, talked about Mr. Markham's property and showed Council pictures of different plans for the property and discussed Mr. Markham's point of view. Peterson reminded Sather that Council is dealing with the issue of the proposal and to confine comments to the impact of this proposal on the Markham land. Sather said he has no problem with the Noels developing the land but thinks the project could be planned differently to benefit all parties. Sather said he wished Council would defer action on the preliminary plat and allow time to work together or condition the preliminary plat approval on Noel and Markham trying to work together to find a middle ground to access the two pieces of land. Peterson said they are not preventing any other property owner from reasonable access. If Mr. Noel voluntarily suggests removing this item from the docket for a couple weeks, there is really nothing Council can do except encourage future discussion. Harris asked if Sather had contacted Noel prior to this evening and Sather said he met with Noel on August 4th and talked about alternative access, but stated there was not resolution. Dick Feerick, working with Bob Bjorklund and New Concept Homes, discussed the different ideas he had for the property. Bentley said the idea of the preliminary plat and final plat allows for discussion process to continue and mentioned the action Council takes this evening will not preclude continuing discussion with the Hoeis relative to what's going to happen to this parcel. City Council Minutes 14 August 4, 1987 Peterson mentioned the fact that it's Hoe l's project, that he's gone through the planning stage, now there's a road block; and wanted to know what Hoel thought. Hoel said he'd like to go through with the work the way he planned it. Hoel said he's open to working with the surrounding property owner as far as he can and said he's willing to change the way the road comes off their property to align with Markham's property. Hoel requested the plan be approved. Paul Nordbye, 17541 Rustic Hills Drive, talked about the proposal coming in at the last minute showing a connection to his road which Park and Recreation said was suppose to have been a cul-de-sac. Said he has nothing against the area being developed but wished the neighborhood adjoining the property could have input to where roads go. Bentley said the project under consideration is on the board and not the pictures on the overhead and that there is no proposal pending relative to development on the overhead pictures. Bentley said they're only talking about potential of future development and making allowances within this project to accommodate that potential. Bentley mentioned the dead end that Nordbye referred to, and said that it would stay that way, and that the Council at that time specifically indicated it was a temporary dead end and ultimately be connected to a road. MOTION: Harris moved, seconded by Pidcock, to Close the Public Hearing and Approve 1st Reading of Ordinance No. 39-87 for Rezoning. Bentley asked Dietz how the Markham property would be served by sewer and water. Director of Public Works, Mr. Dietz, said Staff recommended the connection point for the sewer be to the west in Minnetonka which has a deeper sanitary sewer location. Bentley asked about this proposal and if Staff is recommending allowances that would allow for expansion of the system. Dietz said the eight inch pipe will handle the proposed development to the south and east and when it's connected in Minnetonka the line would run in at minimum grade to go as far as it can by gravity sewer. VOTE ON THE MOTION: Motion approved 5-0-0. MOTION: Harris moved, seconded by Pidcock, to Adopt Resolution No. City Council Minutes 15 August 4, 1987 87-226 approving the Preliminary Plat of Edenbrook for David Hoel; and Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council conditions. Peterson said there should be a Council recommendation that the Hoels and the Markhams have continued negotiation. VOTE ON THE MOTION: Motion approved 5-0-0. D. REFUNDING OF PRESERVE PLACE MULTI-FAMILY HOUSING BONDS JN THE AMOUNT OF $3.850.000 (Resolution No. 87-228) City Manager Jullie stated notice of this Public Hearing had been published in the Eden Prairie New on July 15,1987 and that the proponents and Mr. Frane are here to address any questions the Council may have. Alan Bernick, representing the proponent, addressed the proposal. Pidcock asked Bernick to explain the credit enhancement device. Bernick said the project will be built using the bond proceeds. Pidcock asked the 3.85 million or the 4.3 million. Bernick said the original cost of the project was to be approximately 5.3 million and the developer is financing the difference between total cost of the project and what the bonds finance. Pidcock asked if the indebtedness of the holder is still 5.3 million so they have a greater equity stake in the apartment. Bernick agreed with that statement. Bentley asked if the bond sale was public or private. Bernick said the sale was called escrow where the bonds were issued in order to preserve a grandfather tax treatment under old tax laws held privately until now. Bentley asked who is taking advantage of arbitrage earnings since issuance of the bonds; Bernick replied that arbitrage earnings were limited due to the terms of the City's conditions in the agreement for issuance of the bonds in 1985. Bernick listed some of the limited costs to which arbitrage earnings could be used. City Attorney Pauly mentioned the final form of the resolution has been modified on page five, paragraph five, the City's approval of the form of Preliminary Official Statement to simply 'Consent" and also fifth line from the bottom of page five change "approves" to "consent". City Council Minutes 16 August 4, 1987 MOTION: Bentley moved, seconded by Harris, to Close the Public Hearing and Adopt Resolution No. 87-228. Motion approved 5-0-0. V. PAYMENT OF CLAIMS MOTION: Pidcock moved, seconded by Anderson, to approve the Payment of Claims Nos. 36293 to 36568. Peterson questioned item 36358 and Jullie stated there are automatic dialers on the lift stations. When the lift stations malfunction the flow would creep up in the manhole and tip a switch which sends a signal which leads to a telephone exchange and automatically dials maintenance personnel. Peterson also questioned item 36403, does the City pay the $1,200 through the Human Rights Service Commission. Jullie said, "yes" and that's a budgeted item. Roll call vote: Anderson, Bentley, Harris, Pidcock, Peterson voted "aye". Motion approved 5-0-0. IV. ORDINANCES & RESOLUTIONS A. Refunding of Quail Ridge Multi-Family Housing Bonds in the amount of $5.565.000 (Resolution No. 87-227) City Manager Jullie stated the trustees for the $5.56 million housing bonds for Quail Ridge are seeking a change in bond agreements regarding insurance mechanism for the bonds. The trustee proposes a Letter of Credit for $500,000 to be substituted for the prior mortgage insurance instrument and Staff agrees with this approach. Peterson asked if Frane felt $500,00 Letter of Credit was an adequate amount and Frans agreed that it was and said it would give the equivalent of ten percent equity in the project. MOTION: Harris moved, seconded by Pidcock, to move Resolution No. 87-227. Motion approved 5-0-0. VII. PETITIONS. REQUESTS & COMMUNICATIONS A. Naggale__Chitdoor Advertising C_ornoany reouest for billboards City Council Minutes 17 August 4, 1987 City Manager Jullie referred Council to Naegele Outdoor Advertising's proposal regarding the City Code, per City Attorney Pauly, to provide for changes in location of billboards and also referred Council to Staff report. Michael Cronin, representing the proponents, addressed the proposal. Director of Planning Enger stated that Zoning Administrator Jean Johnson was present and she has worked most closely withe Cronin in preparation of the Staff report and she would be happy to summarize the report. Harris asked how the City can have so many non-conforming signs. Johnson stated a lot of signs go back 15, 20 years, well before City Staff monitored the signs. Harris asked about the recent billboards in '86 and '84 and wondered what recourse there was for Council when signs are in. Johnson said in '84 the City entered into an agreement for removal, but the signs had been in place prior to this. City Attorney Pauly stated that a number of signs are non-conforming because the signs existed prior to adoption of the prohibition against signs other than in certain designated zones and said in the 1970's there was no regulation of signs in the City. Pauly said in the '70's a sign zone was adopted and some of these signs are outside those zones, so since they were in use prior to the adoption of sign zones they continue as a non-conforming use. Bentley asked Cronin if he's correct in the assumption that Cronin wants Council's opinion on the proposal identified as Graph 3. Cronin said he's requesting that Council direct Staff to place Naegele Graph 3 into ordinance form or the City's proposal into ordinance form. Cronin said he could go along with Staff proposal since the only major difference is a few locations on Highway 5. Peterson said it's premature for Council to adopt or give strong support for either proposal at this point since it hasn't been through the commissions yet and stated the task tonight is to get a sensing of the Council on this proposal. Bentley mentioned there are two areas to look at, one, take no action this evening because ultimately the signs will disappear, according to Jean Johnson, and there would be no signs. Two, is Council going to allow City Council Minutes 18 August 4, 1987 signs in Eden Prairie. Anderson said Council has to find out if there's an advantage to having signs, are they important to the City. He said there are three alternatives, "none, some or a lot". Peterson said the use of billboards is a legitimate and important business and the City has a right and responsibility to carefully manage outdoor advertising. Place billboards where they are not offensive, where it is not obstructive to scenery. Peterson said it serves a very positive function in the proper locations in enhancing a commercial atmosphere in a commercial area. Anderson agreed to billboards if they give direction, but to have wholesale signs advertising liquor and cigarettes he sees no value to a community. Anderson mentioned the fact driving down a road you see the billboards and you're exposed to what they advertise whether you want to be or not. Pidcock mentioned the sign situation in Edina and thought it interesting that all the businesses survive in that area without signs. Pidcock said her conclusion is she would like to see Eden Prairie without any signs. Harris said it's difficult to address the issue in terms of having legitimacy for meeting the needs of the community. The Council needs to look at legitimacy in terms of the resident and driving public community, and not at the business community alone. Harris said she leans towards Pidcock's sentiments, but if the City elects to have signage within its perimeters Council should look very carefully where signage is placed. Bentley said he doesn't want to enter into discussion about content of signs. Bentley also talked about the billboards along the river bottoms. Bentley said it's an advantage to the City to have some signs in the community and it's advantageous to the community to work out a trade to get those signs out of the river bottom area. Bentley said he would encourage Naegele to proceed and ask Staff to proceed along Staff recommendation instead of draft three. Bentley said the size and height might be a little much but something scaled down from the level would be appropriate. Pidcock said that if Council approves sign locations, then the signs would be present forever. Peterson said that among the alternatives City Council Minutes 19 August 4, 1987 from the discussions between Staff and Naegele would be the elimination of signs in some undesirable locations. Peterson said he doesn't want to be a part of any governmental structure that participates in the demise of legitimate business. Pidcock said she's not trying to put anybody out of business, but is entitled to see a countryside as it is without being forced to look at signs. Peterson disagreed with Pidcock and said signs should be put in areas where the City will accept them. Anderson talked about the legitimate business of the landfill as a comparison to billboards and Peterson said you have to respect the law that protects the landfill. Pidcock mentioned that advertisers could use other means for advertising besides billboards and Bentley mentioned that a number of businesses sole advertising dollar goes for outdoor advertising because it's the most cost effective way to advertise. Bentley said Staff is suggesting a total of eight signs throughout the community and said that would be appropriate because they would be in certain types of zones. Mitch Wonson, 14007, Holly Road, wants Council to eliminate all billboards entirely from the community. Is upset that Council is entertaining a proposal by Naegele when Naegele hasn't fulfilled their current obligations and agreements with the City. MOTION: Pidcock moved, seconded by Harris, that City Council reaffirm the existing policy and require conformance by Naegele to existing agreements for removal of some billboards and 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. Peterson asked if that means the elimination of present signs and no provision for future signs and Pidcock said "yes". Anderson said he goes along with the motion. Peterson said he strongly opposes the motion. VOTE ON THE MOTION: Motion approved 3-2-0 with Peterson and Bentley opposing. City Council Minutes 20 August 4, 1987 VIII. BEPORTS OF ADVISORY COMMISSIONS A fteauest from Bicentennial of the U.S. Constitution Committee MOTION: Bentley moved, seconded by Pidcock, to approve the name of Constitution Avenue for the access road to Round Lake. Peterson asked Mark Weber the meaning of naming that particular street Constitution Avenue. Weber said they had other alternatives but in every case it involved changing existing addresses. Anderson asked Weber if it could be something else other than a street and Weber said they aren't stuck on the street idea but it was another way to observe the bicentennial. VOTE ON THE MOTION: Motion approved 5-0-0. IX. APPOINTMENTS There were none. X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members 1. Pidcock - Discussion to schedule workshop on City audit report Pidcock said she would like to schedule a meeting to go over the audit report from Fox, Cum & Murphy. Harris mentioned before any type of meeting is set she would like to have the City Manager address issues raised by the auditors in form of a plan which would become the basis of a talking document for such a meeting. Discussion followed as to when the meeting would be held. 2. Peterson - Discussion to schedule meeting to go over the City Code and Emergency Operating Procedure Manual Peterson said after the "storm weekend" it became apparent there were inconsistencies between the Code and the Emergency Operating Procedure Manual and suggested a work session to discuss this. Discussion followed as to when the meeting would be held. City Council Minutes 21 August 4, 1987 MOTION: Pidcock moved, seconded by Bentley, to schedule a meeting to go over the City Code and Emergency Operating Procedure Manual inconsistencies on September 15th at 4:00 o'clock p.m. Motion approved 5-0-0. 3. Harris -1-494 Corridor Workshop Harris said she would not be able to attend the 1-494 Corridor Workshop and asked if there would be any recording of the workshop for review at a later date. Peterson said there will be minutes and that he will be there also and will shareinformation with Harris afterwards. 4. Pidcock - AMM Breakfast Meeting Pidcock mentioned there will be an AMM Breakfast Meeting on the 13th of August at 7:30 a.m. and everybody should try and come. 5. Anderson - Schedule time to go through storm damage in the City Anderson mentioned that questions have been asked about flood control in the City and also about retaining walls, which were hit hardest from the storm, and ways of correcting some of these problems in the future and would like a report from Staff on the emergency the City had recently. B. Report of City Manager There was no report. C. Report of City Attorney Pauly presented Council with a copy of a memorandum which contains a partial summary of 1987 laws affecting municipalities. Pauly emphasized page one, with reference to the indemnification of officers and employees for punitive damage awards; page two, the fact a woman may no longer use her husband's name on a ballot when running for office; page three, at the bottom, with reference to the pesticide regulation; page four pointed out the change in the dumping fee that goes to the City; and also said the filing dates for municipal elections is between eight and ten weeks prior to the election. Pauly also mentioned that limitations have been removed with regard to the amount of interest general obligation bonds may bear and also amount of interest which City Council Minutes 22 August 4, 1987 may be imposed with regard to special assessments. Pauly emphasized page five, the change in notice for special meetings; page seven, with reference to construction controls for reduction in aircraft noise in zones surrounding airports, also, parental leave provisions; page nine, the pipeline safety act. D. Report of Director of Planning There was none. E. Report of Director of Community Services There was none. F. Report of Director of Public Works 1. Resolution declaring costs to be assessed and ordering preparation of 1987 Special Assessment Rolls and setting hearing date (Resolution No. 87-225) Director of Public Works Dietz said this is a resolution that declares the amount of cost that be assessed for the fall special assessment hearing and sets a date of September 1st for the special assessment hearing. Dietz said this normally would have been a Consent Calendar item and standard operating procedure by Code. Dietz said the total costs are approximately $7.5 million, City funds are $2.6 million, and assessed amount is $4.9 million. Bentley asked Dietz if he's recommending proceeding with the assessment of item 9. IC. 52-101 at this time. Dietz said Staff is, but there's two lots that may have to be excluded from the final roll and mentioned it's important to assess the balance of the project at this time instead of waiting. Bentley asked if Council should hold two of these meetings per year and Dietz replied they've talked about holding two a year but there never seems to be anything ready to go in the spring since most of the work is completed in the fall. Bentley referred to a Council meeting that took place six years ago and talked of a process for which the necessary legal procedure could be accommodated and would not necessarily have to take place in the presence of Council. Jullie said he recalled that meeting and said there was a process ready logo in the event the City is challenged. Pauly said City Council Minutes 23 August 4, 1987 that process was evolved as a result of court decisions that indicated the court would give some weight to the Council's decision on whether or not a project benefited a property, if Council received competent evidence and made a decision on that basis. Pauly said recent cases are indicating that the courts are going to take a fresh look at the valuation and question of whether benefit has occurred as a result of improvement. MOTION: Anderson moved, seconded by Harris, to move Resoultuion No. 87-225. Peterson suggested that Council consider a Special Assessment Hearing on another night other than a Council meeting night. Dietz said it's not too late to change the date and that Council could spend at least two hours on this hearing. Anderson agreed with setting a special meeting date. Peterson asked if the maker of the motion would approve a meeting to be scheduled for 7:30 p.m. on September 8th. Anderson agreed. Pidcock asked Dietz what he means by the reassessment of Chatham Woods. Dietz said 15 lots in the Chatham Woods subdivision went for tax forfeit and the only way to the City can collect the special assessment on them is to reassess. Bob Blount, 6501 West 168th Avenue, asked what the notification process was being followed regarding the amount to be assessed against his property. Dietz said what Blount is referring to is for trunk, sewer and water proposed for Majestic Oaks property for approximately $13,000. The property was assessed in 1973 for one unit of lateral benefit, which served Blount's home, and for half an acre of trunk assessments against the four to five acrea parcel. Dietz said that information of the amount to be assessed against the property to be subdivided was later than normally processed, but that notification of the assessment hearing would occur probably wihtin the next few weeks. VOTE ON THE MOTION: Motion approved 5-0-0. 2. Review deferment policies for Special Assessments (Continued from July 21, 1987) This item was continued to the next regularly scheduled City Council meeting. City Council Minutes 24 August 4, 1987 XI. NEW BUSINESS Peterson said Jullie suggested there be a joint School Board/City Council meeting held on August 18, 1987 at 5:30 p.m. held at City Council Chambers. MOTION: Harris moved, seconded by Pidcock, to hold the joint School Board/City Council meeting on August 18, 1987 at 5:30 at City Council Chambers. Motion approved 5-0-0. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the meeting at 11:45 p.m. Motion approved 5-0-0. City Council Minutes 1 August 18, 1987 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, August 18, 1987 COUNCIL MEMBERS: CITY COUNCIL STAFF: PLEDGE OF ALLEGIANCE 7:30 P.M., CITY HALL COUNCIL CHAMBERS 7600 Executive Drive Mayor Gary Peterson, Richard Anderson George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Linda Jacobson 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. Peterson - Discussion on proposed statement prepared by Mr. Rosow regarding the public landfill meeting to be held August 19, 1987; X.A.2. Anderson - Discussion on growth in the future for Eden Prairie . Item L was added to the consent calendar. MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business, as amended and published. Motion carried 5-0-0. II. MINUTES A. Regular City Council meeting held Tuesday. July 7. 1987 The following items were changed: Page 4, Paragraph 1, 2nd Sentence, to read as follows: "It does not preclude other organizations from requesting the same consideration." Page 6, Paragraph 7, 4th Sentence, to read as follows: "The drainage channel would move into higher terrain which would cause more extensive City Council Minutes 2 August 18, 1987 grading." Page 9, Paragraph 2, to read as follows: "Harris asked if at the time the original Timber Creek project was approved whether it was understood that there would be further development of the area in question at a future point." Page 11, Paragraph 2, 4th Sentence, to read as follows: "Bentley said one of the purposes of the PUD is to cluster densities in some cases in order to preserve natural amenities, etc." Page 13, Paragraph 9, to read as follows: "Bentley asked Enger if this entire area is going to develop as office/warehouse buildings." Page 17, Paragraph 1, to read as follows: "Anderson replied through the years they've had many complaints from residents taking business outside of the community." Page 17, Paragraph 3, to read as follows: "Motion failed 2-2-1. Bentley and Peterson opposed, Harris abstained." Page 17, Paragraph 4, to read as follows: "Motion fails 2-3-0. Pidcock, Peterson and Anderson opposed." Page 19, Paragraph 3, 1st Sentence, to read as follows: "Bentley said he would support a request to reverse the Board of Appeals and Adjustments because the Council was aware when granting the zoning approval of the variances." Page 19, Paragraph 4, to read as follows: "Anderson mentioned the fact of the 7 -0 vote not to approve by the Planning Staff and the recommendation for nonapproval by the Staff and the 5 - 0 denial by the Board of Appeals and Adjustment; when Council disagrees with that many people, Council should take another look at this issue." Page 19, Paragraph 5, 2nd Sentence, change "had" to "held". Page 19, Paragraph 7, change "other" to "previous". Page 19, Paragraph 10, Second Sentence, to read as follows: "Pidcock replied in this case she would see it as very favorable since you have single family down the street almost to the bank." Page 20, Paragraph 4, to read as follows: "MOTION: Bentley moved, seconded by Harris, to overrule the Board of Appeals decision and that we grant Variance Request No. 87-20 and adopt the Findings of Fact and the legal findings in support of the decision." Page 20, Paragraph 5, 2nd Sentence, to read as follows: "It's important the City have credibility with the community." Page 20, Paragraph 7, change the vote on the motion to "4-1-0 with Anderson opposing." Page 21, Paragraph 1, change the vote on the motion to "4-1-0 with Anderson City Council Minutes 3 August 18, 1987 opposing." Page 21, VIII. A., to read as follows: "MOTION: Bentley moved, seconded by Harris, to approve the recommendation of the Historical and Cultural Commission changing terms from two years to three years." Page 21, X.A.1., "MOTION: Pidcock moved, seconded by Harris, to publicly commend Mr. Lambert and his Staff for the fine 4th of July display and organization of 4th of July events." MOTION: Harris moved, seconded by Pidcock, to approve the Minutes of the Regular City Council Meeting held on July 7, 1987 as published and amended. Motion approved 5-0-0. B. Special City Council meeting held Monday. July 27. 1987 The following items were changed: Page 3, Paragraph 8, new paragraph after the first sentence ending "Special Tax Credit". Page 3, Paragraph 9, "Anderson recited language In the City Code, Chapter 2, Page 10, Section 2.09, Subdivision 2, which stated that during a natural disaster requiring a Declaration of a State of Emergency, the continuity of duly elected and lawful leadership of the City and continuity of government required that the Council meet forthwith. Anderson questioned the leadership of the City at the time of the emergency on July 23 and July 25." MOTION: Pidcock moved, seconded by Harris, to approve the Minutes of the Special City Council Meeting held July 27, 1987 as published and amended. Motion approved 5-0-0. Ill. CONSENT CALENDAR A. Clerk's License List B. WESTWOOD INDUSTRIAL PARK 4TH ADDITION, by Dallas Development Company. Approval of Developers Agreement for Westwood Industrial Park 4th Addition. 14.36 acres into 2 lots. Location: South of County Road #67, east of Bury Drive. C. ANDERSON'S GARDEN SHOPPE--Approval of Architectural Elevations for Structures D. Accept and award bids for tennis courts E. 1st Reading of Ordinance No 43-87. Park Use Ondinance Amendment City Council Minutes 4 August 18, 1987 F. final Plat approval for Jay Wallace Addition (located east of Franlo Road and north of Laurel Drive) Resolution No. 87-236 G. final Plat approval for Jarrett Estates (home of Anderson Garden Center). Located east of Eden Prairie Road and south of Valley View Road. (Resolution No. 87-237) H. Change Order No. 3. Valley View Road. I. C. 52-272 I. Approve plans and specifications for MN/DOT project to landscape/screen Countryside Auto Pans (Resolution No. 87-239) J. Resolution requesting (MWCC) sewer connectionpermit for the Ridge 3rid Addition (Resolution No. 87-240) K. Resolution reauesting easements over Lot 4 and 29. Eden Prairie Acres. from Hennepin County (tax delinauent property) Resolution No. 87-241 L. LEGION PARK by R. M. Feerick and Associations, 2nd Reading of Ordinance No. 32-87, Rezoning from 1-2 and 1-General to Community Commercial; approval of Developers Agreement for Legion Park; and Adoption of Resolution No. 87-242 authorizing summary of Ordinance No. 32-87 and Ordering Publication of Said Summary. 2.6 acres into one lot and road right-of-way. City Manager Jullie said that Staff has reviewed Item L and everything is in order. Jullie said that Final Plat is also submitted for approval with a requirement for an additional ten feet of right-of-way along County Road 4, which has been included in the plat report as a necessary change prior to report. Jullie said the developer has been advised that they must go back to the Board of Appeals for a variance prior to issuance since ten feet slightly amends prior variances granted by the Board of Appeals. Peterson asks for a clarification o1 Item I and Dietz replied that the Department of Transportation has a budget to screen a number of salvage auto yards throughout the State. Dietz said the State will be doing this screening work to Countryside Auto Parts on Highway 169 and said he had a plan for Councilmembers to review and discussed the different types of trees that will be used. MOTION: Harris moved, seconded by Bentley, to approve Items A - L on the Consent Calendar. Motion approved 5-0-0. City Council Minutes 5 August 18, 1987 IV. PUBLIC HEARINGS A. FOUNTAIN PLACE, by CSM Corporation. Request for Comprehensive Guide Plan Amendment from Regional commercial to High Density Residential on 8 acres and from Public Open Space to High Density Residential on 4.5 acres, Planned Unit Development Concept Review on approximately 52 acres, Planned Unit Development District Review and zoning District Change from Rural to RM-2.5 on 29.3 acres with variances, Preliminary Plat of approximately 52 acres into 4 lots, 1 outlot, and road right-of-way, and Environmental Assessment Worksheet Review for construction of a 490-unit apartment project. Location: West of Highway #169, north of Columbine Road. (Resolution No. 87-229, Comprehensive Guide Plan Amendment; Resolution #87-230, PUD Concept of Fountain Place; Ordinance #40-87-PUD-9-87, PUD District and Rezoning; Resolution #87-231, Preliminary Plat; Resolution #87-232, Declaring No Significant Impact, EAW) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Paul Fjare, representing the proponent, addressed the proposal. Mike McDonald, representing the proponent, addressed the proposal. Planning Director Enger said the Planning Commission reviewed this item at the July 27th meeting. The Planning Commission recommended approval of the proposal on a 5 - 0 vote subject to plans submitted by the proponent and revisions as called for in the Staff report of July 24th. Enger said the Planning Commission is recommending 68 percent brick exterior for the project. Enger referred to Staff report of July 24th. Enger said proponent has prepared a traffic study, which the Planning Commission has reviewed, and the study recommends Columbine Road be extended to the north to come out south of Flagship Athletic Club at Prairie Center Drive; if Columbine Road is not extended with this project, the intersection of Anderson Lakes Parkway and Highway 169 will exceed level capacity. Staff would recommend to Council to phase the 490 units if the road improvement of Columbine Road does not go forward. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission reviewed this proposal August 17th and City Council Minutes 6 August 18,1987 recommended approval as per the Planning Staff report of July 24th, with the addition that the six foot private walkway east of building four be expanded to eight feet and the walkway will extend from Magnolia Drive down to the Purgatory Creek Recreation area and be within a twenty foot public walkway easement. Bentley asked Enger where the 68 percent brick figure came from and Enger said it came from the Planning Commission and architectural renderings that represented 62 percent and the Planning Commission's desire to see code adhered to 75 percent and the architects volunteering that perhaps brick could be added to bring it up to 68 percent. Bentley asked the builder if they've looked at 68 percent brick exterior. Mr. Holmes referred to a drawing depictintt the building with 62 percent brick and then an overlay depicting 68 percent brick. Bentley asked about the traffic levels of Anderson Lakes Parkway and Highway 169, and how much of the problem is a result of Highway 169 traffic. Enger said the problem is Highway 169. Bentley asked whether Columbine Road goes in or not, if there will still be that level of traffic at that intersection and Enger said the problem is having only two lanes on Highway 169 at Anderson Lakes Parkway. Enger mentioned there needs to be bypass lanes or four lanes. Bentley asked if the traffic problem is due to Highway 169, then this project is not going to impact Highway 169 to any measurable level. Enger said if Columbine Road is not extended through, more traffic will go down to Highway 169. Bentley asked if the road connection out to Highway 169 will be a right-in, right-out only and Dietz replied the City received approval from MnDOT to signalize an intersection at this location. Bentley asked if it will be signalized as part of the construction process and Dietz didn't believe it would be. Bentley mentioned the traffic situation during rush hour on Highway 169. Dietz said the expansion of Highway 169 would be implemented first and then as volumes developed that's when a signal would be placed at Columbine Road and Highway 169. Mitch Wonson, traffic consultant for the proponent, stated that this road connection would be a right turn island, right-in only, and be designed so it would be very difficult to make a left turn. He also talked about signage that would be placed in the area. Wonson said upon upgrading of Highway 169 a full intersection would be constructed. City Council Minutes 7 August 18,1987 Pidcock mentioned the amount of parking spaces and Fjare said there will be slightly under one thousand, indoor and outdoor. Pidcock said that's only two per unit and asked where visitors will park. Holmes said he's never found where all residents are home at once with their cars and visitors too. Pidcock asked Enger if this was enough parking for the project and Enger said one interior space and one exterior space has worked well within the City and the ordinance has been adequate. Pidcock asked what the balconies are made of and Holmes said they are wood picket. Harris asked if Castle Ridge has voiced an objection over extending Columbine Road or is Castle Ridge still reviewing the petition. Fjare said he contacted Larry Mikan and Mikan said he has not declined or refused to sign the petition, he just hasn't had time to review it yet. Harris said by increasing the amount of brick on the face of the building it would change the architectural design and Holmes agreed with that statement. Harris asked if the design would change to meet the 68 percent and Holmes said to meet 68 percent they would have to change the roof articulation and look at other areas to put brick. Holmes referred to the drawings to explain the difference with more brick. Enger mentioned that the Planning Commission liked the building the way it was, but would also like the building to meet the ordinance. The Planning Commission recommended a compromise at 68 percent. Peterson asked Enger to elaborate on the proponent's statement that the building code that prohibits the use of brick beyond 25 feet or the third floor. Enger said that the Building Inspections Department Staff assured him that it can be done, and if the proposal goes through with 68 percent brick there would be brick at the fourth level. Anderson asked Staff if the main reason for 75 percent minimum brick exterior was for maintenance reasons. Enger responded this was true, and that it added durability. Enger mentioned brick is maintenance free for many, many years as opposed to painting or aluminum siding which usually has a 20 year warranty. Anderson also asked what type of wood would be used for the siding and McDonald said cedar siding. McDonald also mentioned that metal siding and vinyl siding is excluded from the ordinance at this time. Anderson asked about the project location to the floodplain area and if it would be flooded if there's another hundred year rainfall. Holmes said on the City Council Minutes 8 August 18, 1987 morning after the the July 23-24 rainfall the water level reached 823.96 and the hundred year floodplain elevation is 824. Anderson asked if water would have gotten to these buildings in such a rainfall and Fjare said the water did not get out of the hundred year floodplain mark. Fjare pointed on the drawings to the hundred year floodplain markings. Anderson asked if any parking lots will be in the floodplain and Fjare said the approximately 30 parking spaces will be at elevation level. Anderson asked Lambert if there are private walkways in the City at the current time and Lambert said that there were. Anderson asked if those walks have signs stating they are private and Lambert said they don't. Anderson asked where there are private walkways around the City and Lambert mentioned the Preserve development and that these sidewalks are owned and maintained privately. Anderson asked if the sidewalks in this project are going to have signs stating they are private walkways. Fjare pointed out where the walkways would run on the drawing and said they would be eight foot walkways within a twenty foot public easement from the public right-of-way to the northern property line of the Fountain Place project. Anderson asked what the proponent is going to do to prevent the loss of trees while the area is under construction. Fjare talked about snow fencing the areas because of the significant amount of trees on the slope. Anderson wanted to know what the developer would do if the bulldozer operators knocked down 40 or 45 trees and the developer said he had nothing to do with it. Fjare stated they're planning to fence the area around the trees and the cat operators wouldn't have any reason for being in there. Said they want to save all the trees also and that there aren't enough trees on the project that way it is. Anderson asked if there's been any dedication of floodplain and Lambert said there's no request for dedication of floodplain. Lambert referred to the Purgatory Creek Recreation area and said the City would take cash in lieu of land dedication, and the City does not require dedication of land as part of the development since that takes away the ability to receive a donation of giving land to the City. Pidcock asked if this project could be done in phases and Holmes said there are two phases contemplated presently. Holmes referred to phase one and two on the drawings. Holmes said the earliest phase one would be completed for occupancy would be September 1st. Holmes said they would start the major construction on phase two after phase one is done and not have a lot of construction done on phase two until 1989. City Council Minutes 9 August 18, 1987 Bentley said he likes the way the project looks and said he's prepared to include 62 percent brick exterior as part of the PUD. Bentley said he would be prepared to include the height variance as part of the PUD. Bentley said the major concern over traffic is the entrance point out to Highway 169 and would request that be a right-in, right-out only until such time as it is signalized. Peterson asked if the extension of Columbine Road would come out between the properties of Flagship and Castle Ridge and Enger said it would. Peterson asked Wonson what traffic service level the City moves to with the extension of Columbine at Prairie Center Drive and Highway 169 and Wonson said he did not calculate exact level of service at Prairie Center Drive and 169. Wonson said the BRW study indicated the level of service at C at that intersection. Peterson asked what process is required to make sure Columbine gets included along with this project. Dietz replied Staff has a signed petition by two out of three and that Staff did not prepare any resolution. Dietz said in the past Staff recommended no 2nd Reading until a feasibility study has been done, but also mentioned the third party may sign the petition and then it would be past the feasibility study stage and right to the plans and specifications. Peterson mentioned the fact that first occupancy is not for another 16, 18 months and will not be overcrowding any intersection for two years. Enger said the only concern would be whether Columbine is built at all. Dietz mentioned the fact that Columbine will not be an easy road to build and the distribution of assessments will be one-sided. Peterson said he would not want to make 2nd Reading contingent on the resolution of Columbine Road, but agrees with the need for additional access to the north. Bentley suggested that through a second motion Council agree that if resolution through one hundred percent petition is not forthcoming by 2nd Reading, Council at that time order a feasibility study be done. Harris said she likes the project as it looks and stated the overlay of the building with the additional brick gives it an institutional appearance. There were no comments from the audience. MOTION: Bentley moved, seconded by Anderson, to Close the Public Hearing and Adopt Resolution No. 87-229 for Comprehensive Guide Plan Amendment. Motion approved 5-0-0. City Council Minutes 10 August 18, 1987 MOTION: Bentley moved, seconded by Anderson, to Adopt Resolution No. 87-230 for PUD Concept approval, including the requested height variance and face brick variance at 62 percent. Motion approved 5-0-0. MOTION: Bentley moved, seconded by Anderson, to Approve 1st Reading of Ordinance No. 40-87-PUD-9-87 for PUD District and Rezoning, with 2nd Reading of the Ordinance to occur after making satisfactory provision for Columbine Road; including the requested height variance and face brick variance at 62 percent. Motion approved 5-0-0. Bentley asked if Council can make a motion that a feasibility study process automatically begins if one hundred percent petition is not forthcoming by 2nd Reading or does Council take a separate action at that time. City Attorney Pauly said Council could do it conditionally at this time. Bentley said that would be his motion. Anderson said he agreed with the right-in, right-out only at Highway 169, but asked if there should be language in the motion to read "until such time as a light or semaphore is installed". Bentley said the understanding would be until such time a signal would be apparent; at that point ,the right-in, right-out restriction would be terminated. Peterson said the assumption of the motion is forever. Bentley said he'd be happy to add the words "until signalized". Discussion had between Bentley and Peterson about when the intersection would be signalized. Peterson said the affect of the motion would not in any way preclude the possibility of signalizing that intersection and Bentley said, "no". MOTION: Bentley moved, seconded by Anderson, to Adopt Resolution No. 87-231 approving the Preliminary Plat, with Final Plat approval subject to satisfactory provision for Columbine Road; including a right-in, tight-out for the road connection at Highway 169 until signalized; that a feasibility study process automatically begins if one hundred percent petition is not received by 2nd Reading. Motion approved 5-0-0. MOTION: Bentley moved, seconded by Anderson, to Adopt Resolution No. 87-232 declaring that an Environmental Assessment Worksheet shows no significant impact. Motion approved 5-0-0. MOTION: Bentley moved, seconded by Anderson, to Direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council Conditions. Motion approved 5-0-0. City Council Minutes 11 August 18, 1987 B. DATASERV, by Opus Corporation. Request for Planned Unit Development Concept Amendment on 17.4 acres, Zoning District Change from Rural to 1-2 on approximately 1.5 acres for the construction of an additional parking area for the existing Dataserv Headquarters. Location: East of the intersection of Technology Drive and Prairie Center Drive. (Resolution No. 87-233, Amending DataServ PUD Concept; Ordinance #41-87, Rezoning) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bob Worthington, representing the proponent, addressed the proposal. Planning Director Enger said the Planning Commission reviewed this item at the July 27th meeting and recommended approval subject to recommendations of Staff report dated July 24th. Enger said this was not reviewed by the Parks, Recreation and Natural Resources Commission. Bentley asked if Council placed any condition of the building usage adjacent to Dataserv in terms of industrial versus office. Enger said this is supposed to be 75 percent office when complete. Bentley referred to Staff report stating 50 percent office use maximum allowed in al-2 zoning district and wanted to make sure Council is not presupposing any sort of development for building purposes on this parcel. Enger said the Developer's Agreement would be consistent with the original Developer's Agreement with regard to percentage of office. Bentley asked what necessitates amending the PUD concept. Enger said this is a parking lot that serves Dataserv's needs but it's not exactly what's shown in the PUD concept. If Dataserv elects to have Opus build the other part of the building for them, then the PUD concept would prevail. Bentley asked what justifies a change in concept because there's nothing in the concept there that is going to be dissimilar to what has already been approved. Enger said it's a matter of degree and under that way of thinking there would be not need for a PUD concept amendment. Peterson asked Worthington if he's assuming in the near future there will be less parking required by occupants of the present building and when the additional building is constructed there will be sufficient parking. Worthington said he is not making any parking presumptions for phase two. The reason for oversizing the parking is he doesn't want to have to come back if the situation City Council Minutes 12 August 18, 1987 escalates. Worthington talked about the future parking needs with phase two completed. Worthington said the parking arrangement that is being proposed will take care of immediate parking needs, up to the next two years and beyond, and hopefully go on with future expansion to fit Dataserv's growth needs and parking needs onto the site. Pidcock mentioned Opus' beautification project downtown around the parking lot and asked Worthington if that could be possible for Eden Prairie. Worthington said right now they're trying to take care of the shortage of parking. He said if Council indulges this situation for two to three years, Opus will bring in something that will be consistent not only with this site but be an improvement with anything they've done. There were no comments from the audience. MOTION: Harris moved, seconded by Bentley, to Close the Public Hearing and Adopt Resolution No. 87-233 amending the Dataserv PhD Concept. Motion approved 5-0-0. MOTION: Harris moved, seconded by Pidcock, to Approve 1st Reading of Ordinance No. 41-87 for Rezoning. Motion approved 5-0-0. MOTION: Harris moved, seconded by Bentley, to Direct Staff to amend the Development Agreement incorporating the Commission and Staff recommendations. Anderson asked how Council can be guaranteed in three years this doesn't become a permanent parking lot. Enger said the recommendation is not set up for any time limitation, so if Council wishes there to be one, Council would have to place one on the proposal. Anderson asked Worthington if he's comfortable with three years and Worthington said he was. Worthington suggested Council ask Opus to come back before Council within the three year period, if nothing has happened, and explain the status of the situation. Then Council could take action on an extension or some other definitive action; otherwise, the temporary parking lot may need to be removed. AMENDMENT TO THE MOTION: Harris moved, seconded by Pidcock, to Direct Staff to amend the Development Agreement incorporating the Commission and Staff recommendations; that developer come before Council within a three year period of time for review. City Council Minutes 13 August 18, 1987 Bentley said he doesn't see the need for this since the proposal is very straight forward. Said it would be irresponsible for Council to say if the situation is the same in three years, you can no longer use the parking space. Anderson stated that that wasn't the motion, the motion was they must come back within three years to explain what they are going to do. Bentley said he was opposed to making this motion conditional rezoning of this property. Pauly said the motion to amend is a directory type of motion and not mandatory in the sense it's only asking for an appearance. He said Opus is sitting with the additional property available and they'll have to come back and deal with that. Pauly said Opus will probably be very circumspect about maintaining the commitments that Worthington has made. Anderson asked Pauly if a temporary parking lot could last ten years and Pauly said that it could. Pauly said the rezoning would be effective and didn't think there would be any way to undo that once it became effective. Worthington stated Opus will develop the property since it's too expensive to carry as temporary parking. Peterson said he would vote against the motion to amend. Harris said she agrees with Bentley's point and would vote against the motion to amend. VOTE ON THE MOTION TO AMEND: Motion to amend fails 0-5-0. VOTE ON THE MOTION: Motion approved 5-0-0. Upon agreement of Council members, Item IV. D. was moved ahead of Item IV. C. on the Agenda. D. VACATION OF CONSERVATION AND DRAINA E AND UTILITY EASEMENTS ON LOT 10. BLOCK 1. BLUESTEM HILLS 1ST ADDITION. (Located south of Blossom Road, east of Bennett Place) Resolution No. 87-235 City Manager Jullie said this is vacation of conservation , drainage and utility easements at Bluestem Hills Addition as a result of replatting. Jullie said this is basically a housekeeping item. There were no comments from the audience. MOTION: Bentley moved, seconded by Pidcock, to Close the Public Hearing City Council Minutes 14 August 18, 1987 and Adopt Resolution No. 87-235 vacating the easements. Motion approved 5-0-0. C. SOUTHWEST CROSSING II, by Vantage Companies. Request for Planned Unit Development Concept Amendment of 109.68 acres, Planned Unit Development District Review on 109.68 acres with variances for building height, Zoning District Change from Commercial Regional to Office on 5.13 acres and Board of Appeals variances for Shoreland setback, building height, impervious surface, and impervious surface below the high water mark of Smetana Lake for the construction of a 247,000 square foot office building. Location: North of Viking Drive, and south of Smetana Lake. (Resolution #87-234, PUD Concept Amendment of Southwest Crossing PUD; Ordinance #42-87-PUD-10-87, PUD District and Rezoning) City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Kelly Dorn, representing the proponent, addressed the proposal. Richard Varda and Brian Carlson, representing the architects, talked about the building design. Planning Director Enger said the Planning Commission reviewed this item at the July 13th, July 27th and August 10th meetings. Enger referred to the Staff recommendations from the July 24th Staff report. Enger also mentioned the traffic study which was in conformance with the City's desire for ultimate traffic generation on this property. He mentioned the need for a traffic signal at Viking Drive and Prairie Center Drive and the issue of who's responsible for the signal is still open. Enger referred to a model of the development site and said it's divided into to pieces. The idea is to approve a 10-story building with a request for concept approval for a second 14-story building so proponent can proceed with assurance that second building would be Included in the subsequent zoning request with the project. Enger stated that all variances needed for the first building will be needed for the second building also. Enger said the Planning Commission recommended the approval on a 5 - 0 vote of the request for the overall master plan, the planned unit development concept amendment on this specific site and the rezoning with variances, except shoreland variances. Enger said the Planning Commission was City Council Minutes 15 August 18, 1987 concerned that conservancy areas and "sender sites" (those from which development density is being transferred), be adequately restricted in the future to carry out the intent of the overall master plan, subject to Staff report of July 24th. Peterson asked if the proponent is cooperative with the restrictions on the sender sites and Enger said after discussion with Pauly Staff would put the development agreement in recordable form and be approached in the same manner as drafting restrictive covenants. Enger said there will be significant limitations in sender sites in form of recordable documents. Bentley asked Enger if the developer is requesting any variances at this time and Enger said they're not requesting any variances for the 14-story building section of the request. Bentley said they're requesting variances on the 10-story building on the rezoned property and Enger agreed with that. Bentley said if approval is given to the revised PUD that there was an intent on the Board's part to assume that variances on the 14-story site would occur and Enger agreed with this. Pidcock said she thought they said they were seeking variances on a change in the floor area ratio for the entire proposal from .40 to .97 and Enger responded that the developer is requesting all the variances for phase one of this project, the rezoning phase, and they're not requesting any variances for any conceptual phase. Pidcock said she understood Carlson to ask for variances on shoreland management, impervious surfaces, and building height from 130 feet to 153 and Enger agreed with this. Enger said some shoreland variances will need to go to the Board of Appeals since they cannot be amended by State law through a PUD process. Director of Community Services Lambert said the Parks, Recreation and Natural Resources Commission reviewed this August 17th and recommended approval as per Planning Staff report of July 24th. Lambert said the major concerns were preservation of the eastern end sites, relationship of the building to the fake and landscaping transition that accompanies that, the trail system and screening of the parking areas. Lambert mentioned that these questions were answered to the Commission's satisfaction and the vote was unanimous to approve as per Staff report. Bentley asked about the current status of Golden Triangle Drive. Dietz said there are temporary culverts in place in the creek and surcharge is in place for the earth work portion of crossing the creek. Dietz said there's a feasibility study currently being developed. City Council Minutes 16 August 18, 1987 Bentley asked for clarification regarding the nature of the restrictions on the sender properties. Enger said the restrictions would be in impervious surfaces, open floor area ratio, on building height, on building setback. Bentley asked if they're going to be restrictive covenants and Enger said they'll be called a development agreement in recordable form. Pauly said he hasn't come to a conclusion as to what the document would specifically be called, but it will be a document that transfers the development rights which Enger just mentioned from so-called sender areas to the user areas. Pauly said the document would say that in this development the developer owned all the property and that the document will recite the fact that there are certain restrictions which are being exceeded on the properly which is under development and through this process certain of those restrictions are being waived or modified in consideration of the transfer of similar analogous rights from the sending properties and as a result the sending properties in the future will not be permitted to develop those properties in the same degree as they would have been but for the existence of the agreement. Bentley posed a hypothetical situation such that if there was a residential piece of property and the net density allowed would be 2.5 units per acre and there's one area developed as medium density where the density is less than seven units per acre, how does the City control the other portions in such a way that the total net density of the development will not exceed 2.5. Pauly said it may be controlled by concurrent development or zoning of concurrent zoning of disparate areas in which greater or less density is permitted. Another example is when the City obtains contribution of park land or natural open space land, that's done concurrently with the approval of the zoning. Another example is where the City receives conservancy easement over a portion of the property and that would be done concurrently with approval of the zoning. Once these are place of record they effectively preclude development of the remaining lands. Bentley asked if the vehicles used would be the PUD agreement by revision through this project and the development agreement and Pauly agreed with Bentley and said he would have an agreement which would specifically address this problem. Pidcock asks what relationship these buildings are going to have to Southwest Crossing I. Varda explained the architectural issues between Southwest Crossing I and Southwest Crossing II and how the buildings will complement each other. City Council Minutes 17 August 18, 1987 Anderson mentioned that he has mixed emotions over where you reach a limit on building height in the City and said at some point Council will have to set a limit to building height. Anderson also talked about the screened parking lots and asked what one would see when driving down the freeway in an automobile. Varda refers to two drawings here and mentioned that the Wilson Learning Center is taller than the first phase and shorter than the second phase in terms of actual elevation. Dorn says the second building will be 18 to 21 feet taller then the Wilson Learning building. Anderson asked if from the freeway one could see Smetana Lake and Dorn said to a certain degree yes and no because of the desire to screen the parking from the view of 494. Dom goes on to talk about how they have screened the parking area. Bentley said currently when one drives on 494 one doesn't have much of a view of Smetana Lake because of the distance across the roadways. Bentley said the best view would be further to the east looking towards the northwest. Anderson said he wants to find out how much of the view will be lost. Mitch Wonson, traffic consultant for the proponent, said in working with Staff they removed the highest level parking to angle down to get the best view of the lake and he referred to the drawings to explain this. There were no comments from the audience. MOTION: Pidcock moved, seconded by Harris, to Close the Public Hearing and Adopt Resolution No. 87-234 for PUD Concept Amendment subject to Commission and Staff recommendations (this would revise the master PUD and give Concept approval to the 14-story building). Motion approved 5-0-0. MOTION: Pidcock moved, seconded by Harris, to Approve 1st Reading of Ordinance No. 42-87-PUD-10-87 for PUD District Review and Rezoning subject to Commission and Staff recommendations (this action would apply to the 10-story office building). Motion approved 5-0-0. MOTION: Pidcock moved, seconded by Harris, to Direct Staff to prepare a Development Agreement for the 10-story office building property and amendments to the master Development Agreement for Southwest Crossing, both incorporating Commission and Staff recommendations and the legal conditions that Mr. Pauly mentioned. Anderson said he was not familiar with legal documents and asked Pauly how legal and how binding are they. Pauly said they are a form which is gaining acceptance in the country and said he will do further review to give Council appropriate assurance prior to 2nd Reading. City Council Minutes 18 August 18,1987 VOTE ON THE MOTION: Motion approved 5-0-0. V. PAYMENT OF CLAIMS MOTION: Harris moved, seconded by Pidcock, to approve the Payment of Claims Nos. 36569 to 36906. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye". Motion approved 5-0-0. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS. REQUESTS & COMMUNICATIONS There were none. VIII. REPORTS OF ADVISORY COMMISSIONS There were none. IX. APPOINTMENTS There were none. X. REPORTS OF OFFICERS. BOARDS & COMMISSIONS A. Reports of Council Members 1. Peterson - Discussion on landfill public meeting for 8-19-87 Peterson talked about a meeting with Mr. Jullie and Mr. Rosow last week and the analysis of Ms. Lehman's report which is included in Council's packet. Peterson referred Council to page two of the summary by Mr. Rosow and said that is the tenure of the statement he intends to make at the meeting on August 19th. Peterson said Council was invited by the Metropolitan Council to make comments but doesn't see this as an opportunity to criticize BFI or Woodlake, only to express appreciation for the opportunity to respond and offer public input. City Council Minutes 19 August 18,1987 Pidcock said she would have liked to have been invited to this meeting last week and it would have been informative to be there. Peterson said where do you draw the line on how many Council people you invite without having a Council meeting. Anderson said the Council will have to reach a position on the expansion of the landfill and it can be just the Mayors position or each individual Councilmembers position. Anderson said a statement from the Mayor is fine as long as it is not a statement from the City of Eden Prairie. Anderson suggested there be a Council meeting to establish a position of the Council. Bentley said sooner or later Council will have to take action relative to a proposal but didn't feel Council should assume some posture now before there actually is an official proposal before Council. Harris said it's premature to take a public position and said the summary seems pretty innocuous from scanning it quickly. Harris said she thinks it's important to make a statement at the hearing. Also, any formal statement that represents the City's "position" must be an agreed upon statement that represents all members of the Council. Harris said she's comfortable with the Mayor making a statement in his capacity as an official of the City which doesn't bind the Council in any way to the course of action. Pauly stated he has every confidence in Mr. Rosow being careful not to foreclose any avenues. Peterson said it was not his intent to state the position of the City or City Council, that it's only a statement. Pauly mentioned the meeting on this issue as part of the settlement process and one of the points of that meeting was that this informational meeting be held to discuss the reports prepared by BFI and the City's consultant and obtain further public comment. Pauly said all of this material will go to Metropolitan Council's staff, which in turn will prepare a staff report and that report will go to the Environmental Resources Committee for review and then on to the full Metropolitan Council for review and approval or disapproval. Pauly said he's reviewed the summary submitted by Mayor Peterson and it's just a recitation of the history of how the City got to the meeting and it's designed to set the stage for those people who are going to be there and maybe haven't followed this in detail as we all have and views this City Council Minutes 20 August 18, 1987 summary as quite neutral. Pauly said the substantive concerns over the expansion of the project are set forth in Ms. Lehman's report and not this summary. Peterson said he does not have to read the statement and asked if any other Councilmember wished to read the statement at the meeting on August 19th. Pidcock discussed her concerns over the importance of the meeting between the Mayor, Staff and Ms. Lehman and that Councilmembers should have been informed. Harris said it's important to give the summary publicly since it also addresses the City's role in this process which has been questioned several times by people in the community on what the Council is doing for them. Harris said Council should not take a position in public at the meeting on August 19th because Council does not know all the information and what direction it may want to pursue. Anderson said it disturbed him to have a summary go out without having input into that document and didn't like the idea of lack of communication between Councilmembers. Bentley said the meeting on August 19th is only a process meeting and not a policy meeting; it's not a meeting where any decisions will be made. Bentley said he had no problem with the Mayor reading the summary and Ms. Lehman making her comments. Bentley replied he didn't think there's been lack of communication, that he's received adequate information relative to the upcoming meeting. 2. Anderson - Discussion on growth of the City Anderson mentioned the School Board meeting this evening and the $30 million plus school bond issue. Questioned if rapid growth was really good for a City. Anderson referred to a comment from Mr. Enger that in five to seven years if we continue to grow at the current rate the City could be filled. Anderson requested a workshop session be setup in October or November with Staff so that Council can 'find out the projections of where the City is going and what's going to happen. Harris said any review of that nature would also have to include legal review of citing recent restraints on controlling growth. Said she didn't agree with the idea of placing limits on growth outside of market conditions. Bentley said he's concerned about placing governmental control on growth because it's an artificially induced control and it should be market driven. City Council Minutes 21 August 18, 1987 Jullie suggested deferring this item to Staff and let Staff come back in a couple weeks with some sort of preliminary report or judgment on coming to some sort of meaningful forum or input that would help this process. MOTION: Anderson moved, seconded by Bentley, to set up a meeting with Council and Staff to look at the future growth of Eden Prairie. Motion approved 5-0-0. B. Report of City Manager City Manager Jullie stated he had the 1-494 video if anyone would like to check it out or take it home. C. Report of City Attorney City Attorney Pauly talked about the Orrin Thompson case the Minnesota Court of Appeals decided last week that arose in Eagan. Pauly said this case is a reminder that any restrictions that Council deems to be of permanence and importance should be spelled out in a document in traditional form and recorded. Anderson asked about the large amount of property in Eden Prairie that hasn't been deeded over to the City. Pauly said if Anderson is referring to situations where people have promised to make donations to the Eden Prairie Foundation, etc., for tax purposes and also to enhance civic interests, those are not enforceable, they're simply oral promises or indications of intent. D. Report of Director of Planning There was no report. E. JR non of Director of Community Services There was no report. F Report of Director of Public Works 1. Review deferment policies for Special Assessments (Continued from August 4, 1987) Bentley says the approach addresses what Council has been talking about City Council Minutes 22 August 18, 1987 but he regrets eliminating the $1,000 credit in favor of excluding parcels from the assessment district. Bentley said he agreed with this item though. MOTION: Bentley moved, seconded by Anderson, to Approve the policies on special assessment deferments. Motion approved 5-0-0. XI. NEW BUSINESS There was no new business. XII. ADJOURNMENT MOTION: Bentley moved, seconded by Anderson, to adjourn the City Council meeting at 11:25 p.m. Motion carried 5-0-0. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST September 15, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) Bendzick Builders Card Construction CONTRACTOR (1 & 2 FAMILY) Daniel R. Evans Construction Hidden Ridge Builders HEATING & VENTILATING New Mech Companies, Inc. T.G.S. Mechanical, Inc. GAS FITTER New Mech Companies, Inc. Northridge Plumbing Company Sunset Heating & Air Conditioning T.G.S Mechanical, Inc. PEDDLAR Ricky Allen Kirschbaum (firewood) Ben A. Isder (firewood) Marvin Michael Warzecha (firewood) These licenses have been approved by the department heads responsible for the licensed activity. Pat Solie, Licensing . , , MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commissi o n THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services DATE: August 13,13, 1987 SUBJECT: Request from New Concept Homes Attached is a letter dated August 11, 1987 fro m R o b e r t B j o r k l a n d , P r e s i d e n t o f New Concept Homes. Mr. Bjorkland is requesting t h e C i t y n a m e t h e p a r k t h a t i s presently being developed with Wyndham Knoll as W Y N D H A M K N O L L P A R K . The Park has never been formally named, however h a s b e e n r e f e r r e d t o a s H i d d e n Glen Park, as that is the name of the first su b d i v i s i o n i n t h e a r e a . H i d d e n Glen subdivision is located to the north of the p a r k s i t e a n d W y n d h a m K n o l l i s located to the east. Community Services Staff believe Wyndham Knoll P a r k i s a m o r e a p p r o p r i a t e n a m e for the park for the following reasons: 1. The park is located on a knoll, not in a glen. 2. Hidden Glen is very synonymous to Hidden Ponds, a n d w i l l t e n d t o b e confusing. 3. The development of the park is tied to the Wyndh a m K n o l l s u b d i v i s i o n . The Community Services Staff recommmend approval o f t h e r e q u e s t o f M r . Bjorkland to name the park Wyndham Knoll Park. BL:md CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-255 A RESOLUTION APPROVING FINAL PLAT OF EDEN POINTE WHEREAS, the plat of EDEN POINTE 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 EDEN POINTE is approved upon compliance with the recommendation of the City Engineer's report on this plat dated SEPTEMBER 8, 1987. B. Variance is herein granted from City Code 12.20 Subd. 2.A. waiving the six-month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said engineer's report. C. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. D. 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 SEPTEMBER 15, 1985. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: September 8, 1987 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT SUBJECT: EDEN POINTE PROPOSAL: The Developer, R. Neslund Company, has requested City Council approval of the final plat of Eden Pointe, a multi-family apartment development located at the southeast quadrant of Homeward Hills Road and Pioneer Trail. The plat contains 15.28 acres to be divided into one lot for construction of 143 apartment units and an interior street and parking system. HISTORY: The preliminary plat was approved by the City Council October 1, 1985, per Resolution 085-218. Second reading of Ordinance No. 33-85-PUD-5-85, removing the land from the RM 6.5 district and placing it into the planned unit development 5-85-RM-2.5 district, was finally read and approved by the City Council November 5, 1985. The PUD Developer's Agreement referred to within this report was executed November 5, 1985. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All utilities and streets within the plat will be privately owned and maintained. The existing storm sewer in Homeward Hills Road and proposed extension through the plat will be owned and maintained by the City. Easements over proposed storm sewer will be required prior to release of final plat. Final construction plans for utilities and streets must be reviewed and approved by the City Engineer prior to final plat release. PAGE 2 EDEN POINTE SEPTEMBER 8, 1987 During the preliminary stages of approval , t h e r e w a s d i s c u s s i o n between City Council, City Staff, and the D e v e l o p e r r e g a r d i n g t h e need for a traffic signal at the intersec t i o n o f P i o n e e r T r a i l a n d Homeward Hills Road. In October of 1985 t h e D e v e l o p e r h a d a g r e e d t o participate in the costs of installing a t r a f f i c s i g n a l ; t h e r e f o r e , the City will look to the new owners to p r o v i d e an agreement for their participation in the costs of the s i g n a l , p r i o r t o f i n a l p l a t release. PARK DEDICATION: The requirements for pa r k d e d i c a t i o n a r e c o v e r e d i n t h e Developer's Agreement. BONDING: Bonding will conform to City Cod e a n d t h e D e v e l o p e r ' s A g r e e m e n t . RECOMMENDATION: Recommend approval of the f i n a l p l a t o f E d e n P o i n t e s u b j e c t t o the requirements of this report, the Deve l o p e r ' s A g r e e m e n t , a n d t h e following: 1. Receipt of street lighting fee of $2,253.0 0 2. Receipt of engineering fee of $5,720.00 3. Receipt of street sign fee of $478.00 4. Receipt of agreement regarding cost parti c i p a t i o n f o r installation of traffic signal at pioneer T r a i l a n d Homeward Hills Road. 5. Revision of plat to show easements over st o r m s e w e r t o be City owned. 6. City Engineer's approval of final constr u c t i o n p l a n s for streets and utilities. JJ:ss CC: R. Neslund Company Wehrman Consultants Associated, Inc. Nancy Whaylen - Estes, Parsonen & Levy Doug Hemer - Oppenheimer Law Firm CITY OF EDEN PRAIRIE - HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-261 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT WHEREAS, a petition has been received and it is proposed to make the following improvements: I.C. 52-130 (STREET AND UTILITY IMPROVEMENTS IN COLUMBINE ROAD) and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to Minnesota Statues, Chapter 429. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of B.R.W. INC., and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED BY the Eden Prairie City Council on SEPTEMBER 15, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk C17/ OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property Owners herein petition the Eden Prairie City Council to consider making the following described improvementi(s)t (General Location) Sanitary Sewer Watermain Storm Sewer Street Paving Other Street Address or Other Legal Description of Names of Petitioners Property to be Served (Must Fie Property Owners) Fl auslii-R__Ath.1e.1 - 755 Prairie Center Drive Signature PrAixlm, mm c5244 44-r/ Rill Neel e-- 2, SF 1/4 SF 1/4 C n 15,r116 R22,Portions of SW 1/4 SW 1/4, Signature ///' F.rrin S -14,T116, R22 4, Lloyd "a-no ' (See attached proposed description)_(;, • rvteninn_rif rnlembirv, PO-AAto Prairj.e Cent ' DriN (For City Use) Date Received Project No. . ..Sse.7 .7r ,•?aez._ 3 , 9 0,7 - 13o Council Consideration S'E",r4 94' 7 Especially for Children CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 38-87-PUD-8-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING ORDINANCE #21-86-P U D - 2-86 AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AM O N G 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 m a d e a part hereof. Section 2. That Ordinance #21-86-PUD-2-86 be amended by adding the following: "Section 3. That the plans dated June 19, 1986, reviewed and approved by the City Council August 4, 1987, for Especially for Children shall apply for that area within the PUD-2-Neighborhood- Commercial District." Section 3. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" a n d Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in t h e i r entirety, by reference, as though repeated verbatim herein. Section 4. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on August 4, 1987, and finally read and adopted and ordered published a t a regular meeting of the City Council of said City on the 15th day of September, 19 8 7 . ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of .2 I Exhibit A Legal Description Site Plan Review Lot 19, Block 6, Hidden Glen 3rd Addition, Hennepin County, Minnesota. PUD District Review All of Blocks 1-6, inclusive, and Outlots A-E, inclusive, Hidden Glen 3rd Addition, Hennepin County, Minnesota. Especially for Children SUPPLEMENT TO DEVELOPER'S AGREEMENT This Supplement to Developer's Agreement made and entered into as of this day of , 1987, by and between Especially for Children, Inc., transferees of the property as described in the developer's agreement between Derrick Land Company, a Minnesota corporation, and the City of Eden Prairie, for Hidden Glen North, dated June 17, 1986, hereinafter "Developer's Agreement," and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "City;" WHEREAS, Especially for Children has succeeded to all of the rights and interests in lands included within that portion of Hidden Glen North as described in Exhibit A, attached hereto and made a part hereof, previously owned by Derrick Land Company; and, WHEREAS, the parties desire to amend said agreement for a portion of the property referred to in said agreement, that portion of the property being described in Exhibit A, attached hereto; NOW, THEREFORE, it is agreed by and between the parties thereto as follows: 1. The Developer's Agreement shall be and hereby is supplemented and amended in the following respects: A. Paragraph 1. shall be amended to read as follows: Owner shall develop the property in conformance with the revised material dated June 19, 1987, reviewed and approved as amended by the City Council cn August 4, 1987, and attached hereto as Exhibit A, subject to such changes and modifications as provided herein. B. Paragraph 7. shall be amended by adding: Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of a revised landscape plan with a fence detail depicting commercial grade construction with three-quarter- inch ( 3/4-inch) treated wood material, and depicting the that all fenceposts shall be sunken into concrete footings. C. Paragraph 12. shall be added as follows: Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of a cross access and maintenance agreement for the common driveway between the property and the Townline Square shopping center to the north. Developer agrees to file said agreement with Hennepin County and to provide proof of filing of said agreement to the City prior to issuance of any occupancy permit for the property. 2. Especially for Children, Inc., agrees to all of the terms and conditions and accepts the obligations of the "Owner" under the Developer's Agreement, as amended and supplemented herein. Especially for Children CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-247 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 38-87-PUD-8-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 38-87-PUD-8-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of September, 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. 38-87-PUD-8-87, 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. 38-87-PUD-8-87 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 September 15, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk _ Especially for Children CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 38-87-PUD-8-87 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: IMPLY: This Ordinance allows amendment within the PUD-2-86- Neighborhood-Commercial District for land located south of Townline Rod, east of Dell Road, for construction of a day care facility, 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 City Clerk /s/Gary D. Peterson 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.) " A.0 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-259 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMENTS & PREPARATION OF PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS FOR I.C. 52-129 WYNDHAM CREST BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed street and utitity improvements have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recommendation of the City Engineer, said improvements are hereby ordered and the City Engineer shall prepare plans and specifications for said improvements In accordance with City Standards and advertise for bids thereon, with the assistance of RCM, INC. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official newspaper, and further a contract for construction of said improve- ments shall not be approved by the City Council prior to 30 days following publication of this Resolution in the City's official newspaper. ADOPTED by the City Council of the City of Eden Prairie on SEPTEMBER 15, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, CTerk CITY OF EDEN MAME, MlNNESOTA 100‘ PET1TlON FOR LOCAL )MPROVEmrNTS TO THE EDEN PRAIRIE cITY COUNCIL: The undersi g ned are all the fee owners of the real prOpert y dePciiheri . below and herein petition for the Eden Prairie Cit y C ouncil to pinceed with makin g the followin g described improvements, (General Location) X Sanitar y Sewer X Watermain X Storm Sewer Wyndham Crest Wyndham Crest Wyndham Crest X street Pavin g . Wyndham Crest Other Pursuant to M.S.A. 429.031, Subd. 3, the undersi g ned hereb y waive an y public hearin g to be held on said improvements, and further stat,' and a g ree that the total cost of.said improvements shall be speciall y as- sessed a g ainst the p r opert y described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said improvements is 237,700_ . Kdrien "B' Street Address or other Le g al Names and addresses of Fetitioners Description of Pro p ert y to be Served (Must be owners of 1,•cnid) -New -eoncept Homes - Attached Addendum "A" 10340 Viking Dr.f ,.# Joseph Dolesji / 9005 Riley Lake Dr. E.P. ( )2-7/4 7.1NR Land Co.,Atth;John H. Ramstead jba-lnd Ave. So.f405,elas,_Ea,_5 5402 (Tor City une) Date eceived ra oject No. ("“unri) rowciArtmtion 4!---7-i". ADDENDUM "A" Beginning at the Southeast corner of the Northeast Quarter of said Northwest Quarter; thence on an assumed bearing of South 89 degrees 14 minutes 14 seconds West along the South line of said Northeast Quarter of the Northwest Quarter, a distance of 110.89 feet; thence Nw:th 0 degrees 07 minutes 05 seconds West a distance of 385.00 feet; thence North 89 degrees 18 minutes 33 seconds East a distance of 515.00 feet; thence South 52 degrees 05 minutes 49 seconds East a distance of 504.72 feet; thence South 36 degrees 13 minutes 43 seconds East a distance of 86.02 feet to the South line of the Northwest Quarter of said Northeast Qudrter; thence South 89 degrees for 18 minutes 33 seconds West along the South line of said Northwest Quarter of the Northeast Quarter a distance of 852.44 feet to the point of beginning. The North half of the Southwest Quarter of the Northeast Quarter of Section 6, Township 116, Range 22, Hennepin County, Minnnesota. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE 48-87 BE IT ORDAINED by the Eden Prairie City Council that the following street shall be renamed: FROM: APPALOOSA LANE TO: TREE FARM ROAD FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on SEPTEMBER 15, 1987 and finally read, adopted and ordered published at a regular meeting of the Council of said City on the OCTOBER 6, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 2q,).) MEMORANDUM TO: Mayor Peterson and City Council Members FROM: Eugene A. Dietz, P.E. Director of Public Works DATE: September 10, 1987 SUBJECT: Ordinance 48-87 Street Name Change Attached is a letter requesting a street name c h a n g e f r o m A p p a l o o s a Lane to Tree Farm Road. The Mogush family, who i s r e q u e s t i n g t h e street name change, would be the first residen t s o n t h i s r o a d . T h e Developer, Countryside Investments, Inc., does n o t h a v e a n o b j e c t i o n to the change. A public hearing would not be r e q u i r e d s i n c e n o o n e is presently living on this road. It is recommended that this change be approved b y t h e M a y o r a n d City Council. EAD:ss •?att uor izbE\ rvylo Put.nar-ronia) 'n ' F)170 rukyp:4 WL 1VGIJU iK?illr) Cf. _rhornirp uo urr 09- n ()Nit' 4-1601 F.-nolo)2J f Iv', XI') I rotIr -ay+ rv0 row, oir -mar r\rno rArrs lAtt-114mm iTP2'1) riparyxinTcorvatamwt, (-7;kau o awyr. ffit,or, en ckw rtry, 16kirorcui pro-Te Ova/7 moor* rpn-Ufai rurmr- mar 4-M1)14- rirri0 fat. rrurvQf '773-ird r\v/r3 rUirl rOWP r\-W1110-1 '11-0Ar‘ p (CnAr1271 gliC0 UT gruff rt1 WrprinT 'WV G rrXta) T-E'() Irpworr tzi.05p-tt-1! ;!JT-Jd Q173 9°M 3.9 J9pPi Zp ;Xi a-D L Sbl 21 4-s-PCT Gary D. Peterson, Mayor VAC 87-08 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-258 VACATION OF DRAINAGE AND UTILITY EASEMENTS ON LOTS 1 & 3, BLOCK 1 AND LOTS 2 & 3, BLOCK 1 PRAIRIE VIEW CENTER WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: SEE ATTACHED EXHIBIT A WHEREAS, a public hearing was held on September 15, 1987 after due notice was published and posted as required by law; WHEREAS, it has been determined that the said easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a notice of completion of the pro- ceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on July 21, 1987. ATTEST: SEAL JiiKn D. Frane, Clerk The 5.00 foot drainage and utility easements originally dedicated on the recorded plat of Prairie View Center across the following described property. Lots 1 & 3, Block 1, PRAIRIE VIEW CENTER, Said easements lie within 5.00 feet of a line described as follows: Commencing at the Northeast corner of said Lot 3; thence on an assumed bearing of South 89 degrees 29 minutes 08 seconds West along the north line of said Lot 3 a distance of 15.00 feet to the point of beginning of the line to be described; thence continuing South 89 degrees 29 minutes 08 seconds West along said north line, a distance of 200.00 feet to the Northwest corner of said Lot 3, thence South 0 degrees 30 minutes 52 seconds East along the wet line of said Lot 3 a distance of 91.07 feet and said line there terminating. The 5.00 foot drainage and utility esements originally dedicated on the recorded plat of PRAIRIE VIEW CENTER across the following described property. Lots 2 & 3, Block 1, PRAIRIE VIEW CENTER, Said easements lie within 5.00 feet of a line described as follows: Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of South 89 degrees 29 minutes 08 seconds West along the north line of said Lot 2 a distance of 15.00 feet to the point of beginning of the line to be described; thence continuing South 89 degrees 29 minutes 08 seconds West along said north line a distance of 195.00 feet and said line there terminating. EXHIBIT A ' SEPTEMBER .15 9 1987 36019 37071 37118 f 122 k 169 37179 37202 37203 37204 37205 37206 37207 37208 37209 37210 37211 37212 37213 37214 37215 37216 37217 37218 37219 37220 37221 37222 37223 37224 ( '25 26 37227 37228 37229 37230 37231 37232 37233 37234 37235 37236 37237 37238 37239 37240 37241 37242 37243 37244 37245 37246 37247 37248 37249 75 0 VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK VOID OUT CHECK EDEN PRAIRIE APPLIANCE HOPKINS POSTMASTER LANCE LEE SCHNEIDER HOPKINS POSTMASTER NORTHERN STATES POWER SQUARE CUT FEDERAL RESERVE BANK COMMISSIONER OF REVENUE THE GREAT-WEST LIFE ASSURANCE CO ICMA RETIREMENT CORPORATION PERA UNITED WAY NORWEST RUE( CITY-COUNTY CREDIT UNION SUBURBAN NATIONAL BANK QUALITY WINE AND SPIRITS COMPANY CAPITOL CITY DISTRIBUTING CO EAGLE WINE CO THORPE DISTRIBUTING CO GRIGGS COOPER & CO PRIOR WINE CO ED PHILLIPS & SONS JOHNSON BROS WHOLESALE LIQ MINNEGASCO MINNEGASCO NORTHERN STATES POWER CO NORTHWESTERN BELL NSF AMY ABBATE KATHY DORFNER NANCY GAGNER SANDY KNAAK SANDY KNAAK RENEE OLSON JANICE ROLFE MARK WIDSTEN MARK WIDSTEN JOSEPH K DOLEJSI JASON NORTHCO PROPERTIES MN BUREAU OF CRIMINAL APPREHSION TELECONFERENCING HEADQUARTERS EAGLE WINE COMPANY GRIGGS COOPER & COMPANY JOHNSON BROTHERS WHOLESALE LIQUOR ED PHILLIPS & SONS CO QUALITY WINE & SPIRITS CO MUTUAL BENEFIT LIFE VOID OUT CHECK DISHWASHER REPAIRS-FIRE DEPT POSTAGE FOR POSTAGE METER SUPPLIES-LIQUOR STORE SOFTBALL OFFICIAL/FEES PD POSTAGE-SENIOR NEWSLETTER SERVICE CABINETS-FIRE DEPT PAYROLL 8-21-87 PAYROLL 8-21-87 PAYROLL 8-21 -87 PAYROLL 8-21-87 PAYROLL 8-2" -87 PAYROLL 8-21-87 PAYROLL 8-21-87 PAYROLL 8-21-87 PAYROLL 8-21-87 WINE LIQUOR WINE WINE LIQUOR WINE LIQUOR LIQUOR SERVICE SERVICE SERVICE SERVICE SERVICES REFUND ON SWIMMING LESSONS REFUND ON SWIMMING LESSONS REFUND ON SWIMMING LESSONS REFUND ON DAY CAMP REFUND ON HORSEBACK RIDING REFUND ON SWIMMING LESSONS REFUND ON SWIMMING LESSONS REFUND ON HORSEBACK RIDING REFUND ON DAY CAMP LAND FOR WYNDAM KNOLL PARK SEPTEMBER RENT-LIQUOR STORE CONFERENCE-POLICE DEPT CONFERENCE-HUMAN RESOURCES WINE LIQUOR WINE LIQUOR WINE BASIC LIFE INS PREMIUMS-JULY TO SEPT 9.00- 77.64- 144.90- 433.50- 14.00- 83.47- 75.85 5000.00 144.90 14.00 37.58 178.76 785.00 44065.20 11493.61 4176.00 865.00 21423.93 158.88 800.00 724.13 200.00 1400.67 580.18 12.44 36.20 1738.62 937.04 2823.71 4370.07 999.26 256.00 23817.99 284.40 93.03 16.00 16.00 9.25 32.40 9.00 13.00 7.50 12.00 45.00 24820.95 5339.21 100.00 90.00 450.33 2375.68 4065.31 3369.02 2504.31 6329.76 0.00 1(6 3 3 4 66 d'ioq 37251 37252 37253 ( -254 255 37256 37257 37258 37259 37260 37261 37262 37263 37264 37265 37266 37267 37268 37269 37270 37271 37272 37273 37274 37275 37276 37277 37278 37279 80 AT & T AT & T AT & T MINNEGAsCo NSF NORTHWESTERN BELL POWER PROCESS EQUIPMENT PETTY CASH DANA GIBBS HoPKINS POSTMASTER VOID OUT CHECK MENARDS LARKSTUR ENGINEERING & SUPPLY INC SUPPLEES 7 HI ENTERPRISES INC HOPKINS POSTMASTER WILLIAM CARRANE JANET M HENRIKSEN LINDA ROLF MINNESOTA ASPA MINNEGASCO MINNEGASCO TWENTIETH ANNIVERSARY PARTY A & H WELDING & MFG CO A TO Z RENTAL CENTER ACRO-MINNESOTA INC AIRSIGNAL INC AMBASSADOR SAUSAGE CORPORATION AMERICAN LINEN SUPPLY CO CAYTE ANDERSON EARL F ANDERSON & ASSOC IgC 37281 ANDERSON GARDEN sHoPpE 37282 PETER ANDERSON 37283 ASSOCIATED ASPHALT INC 37284 BATTERY & TIRE WAREHOUSE INC 37285 BRUCE BENNER 37286 BENTEC ENGINEERING CORP 37287 BIFFS INC 37288 BLACK & VEATCH 37289 ISAAC RANSOM BLAKEY 37290 BMB SERVICES 37291 RICK BOLINSKE 37292 LEE BRANDT 37293 ED BRION 37294 BRO-TEN INC 37295 BRYAN ROCK PRODUCTS INC 37296 BSC MECHANICAL onucroRs 37297 BSN CORPORATION 37298 NATHAN BUCK 37299 JOHN BULTMAN 37 300 TIM BUSHNELL 7"01 CARBURETION & TURBO SYSTEMS INC 1279350 SEPTEMBER .15,1987 90.44 831.75 59.10 3.00 7230.14 90.72 100.00 54.92 65.00 172.78 0.00 94.19 292.00 4383.39 543.06 20.00 2.00 25.50 55.00 12.64 1.78 30.00 20.00 270.30 214.33 80.00 119.06 9.05 90.90 30500.00 SERVICES SERVICES SERVICES SERVICES SERVICES SERVICES REGISTRATION-WATER DEPT PETTY CASH PACKET DELIVERIES POSTAGE-FALL BROCHURE SUPPLIES-PARK MAINTENANCE HYDRAULIC HOSE-EQUIPMENT MAINTENANCE SEPTEMBER RENT-LIQUOR STORE POSTAGE-UTILITY BILLING REFUND-PHYSICAL FITUESS CLASS REFUND-E(ERCISE CLASS REFUND-SINGLE MEMBERSHIP CONFERENCE-ASSISTANT TO THE CITY MANAGER SERVICES SERVICE REGISTRATION-CITY MANAGER/MAYOR STEEL-WATER DEPT EQUIPMENT RENTAL-STORM DAMAGE OFFICE SUPPLIES SERVICE EXPENSES-CITY HALL TOWELS-LIQUOR STORE TEEN VOLUNTEER WAGES -PLAYSTRUCTURE -EDENBROoK PARK & LAKE EDEN PARK PLANTS-PARK MAINTENANCE 20.00 TEEN VOLUNTEER WAGES 22.05 BLACKTOP-STREET MAINTENANCE 568.32 -BATTERIES/SPARK PLUGS/WINDSHIELD WASHER 805.92 -FLUID/SEALS/BEARINGS/ROTOR & HUB/FLASHERS/ TIRES-EQUIPMENT MAINTENANCE MILEAGE 154.50 INSTALLATION OF POWER MONITOR-LIFTSTATIONS 1967.79 PORTABLE RESTROOMS 150.00 SERVICE-WATER TREATMENT PLANT ADDITION 11577.16 SOFTBALL OFFICIAL/FEES PAID 1131.00 -EQUIPMENT INSTALLED IN FITNESS CENTER- 391.10 COMMUNITY CENTER SUPPLIES-COMMIT? CENTER 38.87 SERVICE-4TH OF JULY CELEBRATION 140.00 SOFTBALL OFFICIAL/FEES PAID 29.00 TOWELS-EQUIPMENT MAINTENANCE 125.60 BLACKTOP-STREET DEPT & PARK DEPT 968.76 REPLACED A/C COMPRESSOR-COMMUNITY CENTER 7510.94 SUPPLIES FOR PRESCHOOL PRCGRAMs 198.44 SOFTBALL OFFICIAL/FEES PAID 536.50 SOFTBALL OFFICIAL/FEES PAID 942.50 HOCKEY OFFICIAL/FEES PAID 18.00 ZAMBONI REPAIRS-COMMUNITY CENTER 36.00 Qq0 116 SEPTEMBER 15,1987 37302 DANIEL J CARLSON 37303 cARLsoN REFRIGERATION CO INC 37304 CARMICHAEL-LYNCH ADVERTISING f 305 CEDAR HILLS GOLF COURSE \ 306 CENTURION TECHNOLOGY SYSTEMS INC 37307 CERTIFIED RUSTPROOFERS INC 37308 CHANHASSEN LAW & SPORTS 37309 CITY OF CHASKA 37310 ?WOUND CHEHRENEGAR 37311 CLIMATE MAKERS INC 37312 CLUTCH & TRANSMISSION SER INC 37313 COMMISSIONER OF TRANSPORTATION 37314 COMMUNICATION WORLD 37315 COMMUNICATIONS CENTER 37316 ROBERT W cOMpTON INC 37317 COPY EQUIPMENT INC 37318 CROWN RUBBER STAMP CO 37319 CRYSTAPLEx PLASTICS INC 37320 CURTIS INDUSTRIES 37321 CUSTOM FIRE APPARATUS INC 57322 CUTLER-MAGNER COMPANY 37323 DALCO 17324 LINDA DALY 25 DENISON MAILING SERVICE 326 DEPT OF LABOR & INDUSTRY 37327 DICTAPHONE 37328 MICHAEL DIKO 37329 DIRECT SAFETY Co 37330 DIXIE PErRO-CHEM INC 37331 KATIE DoNAvoN 37332 DRISKILLS SUPER VALU 37333 DRISKILLS SUPER VALU 37334 BETH DURRE 37335 DUSTCOATING INC 37336 EAGLE SNACKS INC 37337 EDEN PRAIRIE CHAMBER OF COMMERCE 37338 EDEN PRAIRIE VOLUNTEER RELIEF 37339 EDEN PRAIRIE FIRE DEPT 37340 E P GROCERY 37341 E P PHOTO 37342 E P ROBINS DELI 37343 EDEN PRAIRIE SNOWDRIFTERS 37344 EDEN PRAIRIE TRASHIRONICs 37345 ERICA EDSTROM 37346 ELECTRIC SERVICE CO 37347 ELK RIVER CONCRETE PRODUCTS 37348 ELVIN SAFETY SUPPLY INC 7-1 49 JON B ELVY 11467398 MEETING EXPENSES 28.00 BEER COOLER REPAIRS-LIQUOR STORE 315.52 SERVICE-PARK BOARD REFERENDUM SURVEY 300.00 GOLF LESSONS/FEES PAID 107.50 SET UP SQUAD CARS-POLICE DEPT 2116.00 RUSTPROOFING-POLICE DEPT 135.00 -SCREWS/OIL MIX/PARTS-PARKS DEFT& WATER 63.75 DEPT GOLF LESSONS/FEES PAID 182.00 MILEAGE 145.25 AIR CONDITIONER REPAIRS-COMMUNITY CENTER 389.25 -CORE/BRAKE CHAMBER WITH TUBE/KIT/PLATE/ 853.79 WHEEL CYLINDER/SPRING BRAKES SERVICE-VALLEY VIEW ROAD 3211.58 CAR PHONE-CITY MANAGER 935.00 -SPEAKER MICROPHONES FOR PORTABLE RADIOS- 440.00 POLICE DEPT SERVICE-HOMEWARD HILLS PARK 4795.00 EQUIPMENT REPAIRS-ENGINEERING DEPT 56.80 -NAME PLATES-ASSESSING DEPT & ENGINEERING 30.40 DEPT HOCKEY NETS-ICE ARENA 220.00 -WIRE/WASHER SCREWS/DRILL BITS-EQUIPMENT 290.84 MAINTENANCE INSTALLED WATER TANK- FIRE DEPT 4710.00 QUICKLIME-WATER DEPT 5041.87 -CLEANING SUPPLIES-COMMUNITY CENTER & 352.59 PUBLIC SAFETY & WATER DEPT SOFTBALL OFFICIAL/FEES PAID 145.00 POSTAGE-ASSESSING DEPT 130.50 HEALTH CODE CITATION-FIRE DEPT 110.00 MAINTENANCE AGREEMENT-POLICE DEPT 493.00 HOCKEY OFFICIAL/FEES PAID 53.00 SIGNS-WATER DEPT 45.20 CHLORINE-WATER DEPT 820.00 TEEN VOLUNTEER WAGES 26.77 EXPENSES-STORM DAMAGE 1349.46 EXPENSES-STORM DAMAGE 30.54 TEEN VOLUNTEER WAGES 33.00 OIL FOR DUST CONTROL-STREET MAINTENANCE 1782.00 SUPPLIES-LIQUOR STORES 21.12 CHAMBER DINNER MEETING-COUNCILMEMBERS 47.00 FIRE STATE AID CONTRIBUTION 81338.00 -SUPPLIES/DUES/STORM DAMAGE/CONFERENCE- 699.28 FIRE DEPT EXPENSES-FIRE DEPT & STORM DAMAGE 54.19 PHOTO SUPPLIES-POLICE DEPT 37.61 MEETING EXPENSE-HUMAN RESOURCE 13.50 GRANT FOR SNOWMOBILE TRAILS 856.37 AUGUST '87 TRASH DISPOSAL 365.00 TEEN VOLUNTEER WAGES 84.60 EQUIPMENT REPAIR-CIVIL DEFENSE 985.00 CULVERTS-DRAINAGE CONTROL 348.55 SAFETY SUPPLIES- WATER DEPT 19.15 HOCKEY OFFICIAL/FEES PAID 66.00 02ti c SEPTEMBER 35,1987 37350 EMERGENCY SERVICE SYSTEMS INC 37351 ESS BROTHERS & SONS INC 37352 LIDN EVE & SONS " *353 FACILITY SYSTEMS INC , 354 THE FAMILY DIGEST 37355 JOHN M FERN 37356 FINLEY BROS ENTERPRISES 37357 FITNESS ASSOCIATES INC 37358 FLEET MAINTENANCE INC 37359 FLYING CLOUD SANITARY LANDFILL 37360 FOUR STAR BAR & RESTAURANT SUPPLY 37361 JOHN FRANE 37362 G & K SERVICES 37363 GENERAL COMMUNICATIONS INC 37364 JOSEPH GLEASON 37365 GOODYEAR TRUCK TIRE CENTERS 37366 R L GOULD & CO INC 37367 ALAN GRAY 37368 GROSS OFFICE SUPPLY 37369 MACH CO 37370 HALE COMPANY INC 37371 JAMES HALE 37372 HAYDEN MURPHY EQUIPMENT CO 37373 HANSEN THORP PELLINEN OLSON INC )1374 HENNEPIN CTY CHIEFS OF POLICE 37375 HENNEPIN COUNTY TREASURER 37376 HENNEPIN COUNTY TREASURER 37377 HENNEPIN COUNTY 37378 HEWN CTY-SHERIFFS DEPT 37379 HOFFERS INC 37380 HONEYWELL PROTECTION 37381 HOPKINS PLUMBING & HEATING CO 37382 DONNA HYATT 37383 HYDRO ENGINEERING INC 37384 IBM 37385 INDUSTRIAL LIGHTING SUPPLY INC 37386 INTL OFFICE SYSTEMS INC 37387 INTL SOCIETY OF FIRE 37388 LORI JOHNSON 37389 JYLAND HOMES 37390 KEITH KAPITAN 37391 KAYE CORPORATION 37392 KRUEGER APPRAISALS INC 37393 LABEL PRODUCTS INC 37394 ROBERT LAMBERT 37395 LANCE 37396 TERRI LANGER KERMIT LAQUAY 4087752 REPAIR AND MAINTENANCE - POLICE DEPT CULVERTS-DRAINAGE CONTROL BALES OF HAY-STORM DAMAGE SUPPLIES-CITY HALL AD-LIQUOR STORE MILEAGE SOFTBALL BACKSTOP-PARKS DEPT STRESS TESTS-FIRE DEPT PARTS-PARKS DEPT WASTE DISPOSAL-TREE REMOVAL SUPPLIES- LIQUOR STORES JUNE '87 EXPENSES -TOWELS/COVERALLS-PARKS DEPT/WATER DEPT/ LIQUOR STORE -RADIO REPAIRS-EQUIPMENT MAINTENANCE AND POLICE DEPT SOFTBALL & FOOTBALL OFFICIAL/FEES PAID TIRES-EQUIPMENT MAINTENANCE HYDRAULIC HOSE-PARK MAINTENANCE AUGUST '87 EXPENSES OFFICE SUPPLIES-POLICE DEPT& FIRE DEPT CHEMICALS/LAB EQUIPMENT-WATER DEPT EQUIPMENT REPAIRS DUE TO STORM DAMAGE GOLF INSTRUCTOR/FEES PAID EQUIPMENT RENTAL-STORM DAMAGE -SERVICE-PIONEER TRAIL & COUNTY RD 18/ -NEMEC KNOLLS/INT'L SCHOOLS WATERMAIN/ -SUNNYBROOK ROAD/BLUFFS EAST 4TH ADDITION/ -BLUFFS WEST VICINITY STORM SEWER/HOMEWARD HILLS PARK/EDEN LAKE PARK/WILLOW PARK CONFERENCE-POLICE DEPT GRASS SEED-STORM DAMAGE SERVICE-PLANNING DEPT & ENGINEERING DEPT JULY '87 BOARD OF PRISONERS JULY '87 BOOKING FEE SOFTBALL FIELD MARKING-PARKS DEPT 3RD QUARTER SECURITY SERVICE-LIQUOR STORE EQUIPMENT REPAIRS-WATER DEPT MILEAGE PARTS-STORM DAMAGE OCTOBER '87 MAINTENANCE AGREEMENT LIGHT BULBS-WATER DEPT -AUGUST '87 MAINTENANCE AGREEMENT-CITY HAL & POLICE DEPT BOCKS-FIRE DEPT SKATING INSTRUCTOR/FEES PAID REFUND-BLDG PERMIT SOFTBALL OFFICIAL/FEES PAID PARTS-PARK MAINTENANCE SERVICE LABELS-POLICE DEPT AUGUST '87 EXPENSES SUPPLIES-LIQUOR STORE TEEN VOLUNTEER WAGES REFUND-DUPLICATE PAYMENT ON UTILITY BILL 24.65 188.00 73.50 210.60 45.00 111.13 950.00 280.00 4.20 12.70 966.07 165.00 313.66 320.14 442.00 79.96 38.59 165.00 485.54 1199.71 1225.25 216.00 1930.00 23075.13 215.00 84.75 179.59 2190.25 373.84 441.25 392.77 43.25 13.00 14.45 424.32 113.40 198.25 49.95 319.48 300.00 87.00 2.88 1800.00 552.54 268.00 99.85 104.40 87.47 024/Oci COVERALLS-EQUIPMENT MAINTENANCE 52.50 LEGAL SERVICE 8935.10 NOZZLES-WATER DEPT 54.32 LIABILITY INSURANCE 39847.00 -DOOR BRACE/SHANK-EQUIPMENT MAINTENANCE & 156.23 PARKS DEPT EXPENSES-POLICE DEPT 28.50 -RESCUE EQUIPMENT & 1ST AID SUPPLIES- 1721.43 FIRE DEPT -MEMBERSHIP DUES-ASSISTANT TO THE CITY 25.00 MANAGER EXPENSES-STORM DAMAGE 13.42 4TH QUARTER SUBSCRIPTION-ASSESSING DEPT 44.00 -COMPRESSION TESTER/WRENCHES/HACK SAW- 126.50 EQUIPMENT MAINTENANCE TOWING SERVICE-POLICE DEPT 35.00 EXPENSES-CITY HALL & PUBLIC SAFETY 116.93 EXPENSES-FIRE DEPT 34.26 HOCKEY OFFICIAL/FEES PAID 12.00 EQUIPMENT REPAIRS-0YOUNITY CENTER 134.37 OXYGEN-FIRE DEPT 46.50 MEETING EXPENSES-CITY MANAGER 8.00 AIR COMPRESSOR PARTS-FIRE DEPT 1020.12 SEPTEMBER '87 PAGER SERVICE-SEWER DEPT 10.50 FORMS-POLICE DEPT 1338.00 -CONCESSION STAND SUPPLIES-ROUND LAKE PARK 233.10 & COMMUNITY CENTER BLACKTOP-DRAINAGE CONTROL 72.20 SUBSCRIPTION-ASSESSING DEPT 50.00 2 MAGNIFIER LAMPS-FIRE DEPT 220.00 SERVICE 56.33 0.00 SERVICE 50.47 SERVICE 147.00 -AUGUST & SEPTEMBER '87 PAGER SERVICE- 103.00 WATER DEPT SEPTEMBER 15,1987 37398 LEEF BROS INC 37399 L LEHMAN & ASSOCIATES INC 37400 F B LEOPOLD COMPANY INC 101 LMCIT ',.402 LONG LAKE FORD TRACTOR 37403 TRACY J LUKE 37404 LYNN CORPORATION 37405 MAUMA 37406 MARK'S EDEN PRAIRIE AMOCO 37407 MARSHALL AND SWIFT 37408 MAC TOOLS 37409 MATTS AUTO SERVICE INC 37410 MCGLYNN BAKERIES INC 37411 MCGLYNN BAKERIES INC 37412 TIM MCGOVERN 37413 MCQUIRE & SONS PLEG & HTG 37414 MEDICAL OXYGEN & EQUIP CO 37415 METROPOLITAN AREA MANAGERS ASSOC 37416 METROPOLITAN FIRE EQUIP CO 37417 METRO FONE COMM INC 37418 mErrio PRINTING INC 37419 MIDLAND PRODUCTS CO 37420 MIDWEST ASPHALT CORP 27 421 MINNEAPOLIS BOARD OF REALTORS 22 MINNESOTA BLUEPRINT .D(423 MN CELLULAR TELEPHONE CO 37424 VOID OUT CHECK 37425 MN CELLULAR TELEPHONE CO 37426 MN CELLULAR TELEPHONE CO 37427 MINNESOTA COMMUNICATIONS CORP 37428 MINNESOTA COMMUNICATIONS CORP -AUGUST & SEPTEMBER '87 PAGER SERVICE- POLICE DEPT 37429 MN CONWAY FIRE & SAFETY HELMET/FOAM NOZZLE-FIRE DEPT 37430 MINNESOTA SUBURBAN NEWSPAPERS INC AD-LIQUOR STORE 37431 R G MODEEN INC PAINT CAR WASH BAY-PUBLIC SAFETY BUILDING 37432 MODERN ELECTRIC GRINDER REPAIRS-PARKS DEPT 37433 MODERN TIRE CO TIRE REPAIRED-EQUIPMENT MAINTENANCE 37434 D J MOLINE COMPANY AD-LIQUOR STORE 37435 MOON VALLEY AGGREGATES SAND-STORM DAMAGE 37436 MOTOROLA INC RADIO REPAIRS-FIRE DEPT 37437 NM MUELLER & SONS INC SAND-PARK MAINTENANCE 37438 MUNICILITE CO STROBE FLASHERS FOR EDUCTOR -SEWER DEPT 37439 MY CHEESE SHOP EXPENSES-FIRE DEPT 37440 NATIONAL SCREENPRINT T-SHIRTS-TEEN VOLUNTEER PROGRAM 37441 NATIONAL ASSN. OF POLICE PLANNERS MEMBERSHIP DUES-POLICE DEPT 37442 NEWVECTOR RETAIL SERVICE INC RADIO REPAIRS-FIRE DEPT 37443 NORWEST BANK MPLS NA BOND PAYMENTS 37444 OFFICE PRODUCTS OF MN INC TYPEWRITER REPAIRS-ASSESSING DEPT - 45 ORKIN PEST CONTROL PEST CONTROL-FIRE DEPT 160.00 630.00 121.02 690.00 45.50 18.00 150.00 84.00 246.48 129.77 819.63 23.81 178.40 20.00 704.00 147248.20 170.00 402.00 20653259 SEPTEMBER .15,1987 37456 PRAIRIE HARDWARE 37457 PRAIRIE HARDWARE PAGER SERVICE-POLICE DEPT SERVICE-ENTERTAINMENT AT SENIOR CENTER FILM PROCESSING-FORESTRY DEPT POSTAGE METER RENTAL-CITY HALL SEPTEMBER '87 JANITORIAL SERVICE-CITY HALL METER COVER-WATER DEPT -DRILL BITS/AXE HANDLE/TAPE/HANGERS/RUST- -OLEUM/PAINT/PAINT BRUSHES/SHEETING/ COOLERS/HINGE-FIRE DEPT -BATTERIES/PHONE CORD/COUPLINGS/ADAPTORS- CITY HALL -VARNISH/SANDPAPER/PAINTBRUSHES/SANDING -BELT/STAPLES/NAILS/PAINT/BATTERIES/KEYS -CUT/KEY CHAINS/RUBBER GLOVES/FAN/CORDS/ -TAPE/SHOWER LINE/ANTI-FREEZE/DEDUCT TAPE/ -SPARK PLUGS/DRILL BITS/HOOKS/DOOR STOP/ -NUTS/BOLTS/INSECT REPELLANT/SCREWS/ WASHERS-COMMUNITY CENTER PAPER/WIRE CLIPS/LIGHT BULBS-LIQUOR STORE -PAINT BRUSHES/VARNISH/PAINT/INSECT REPELL -ANT/WIRE/NUTS/SAND BELT/BOLTS/RAKE/ _CHEMICAL SPRAYER/MOP/KEYS CUT/BRASS FITTINGS/RUSTOLEUM-PARKS DEPT -KEYS CUT/KEY RINGS/UTILITY KNIFE/STAPLES/ -STAPLE GUN/DUST PAN/BROOM/SIGNS/LETTERS/ OUTLET COVER/SCREEN-POLICE DEPT -NUTS/BOLTS/GLOVES/BATTERIES/KEYS- SEWER DEPT -CHAIN/PAINT THINNER/CABLE CLAMPS/WASTE- BASKET/HCOKS/PAPER PRODUCTS/KEYS/SAND MIX -TAPE/PLUGS/WEATHER STRIP/HAMMER/BROOMS/ -NOZZLES/BATTERIES/BROOM HANDLE/BRUSHES/ FLASHLIGHTS/WRENCH-WATER DEPT PRINTING-PLANNING DEPT BOOK-HUMAN RESOURCES DEPT PRINTING-SENIOR CENTER EXPENSES-STREET DEPT TEEN VOLUNTEER WAGES ZAMBONI REPAIRS-COMMUMITY CENTER EXPENSES-COMMUNITY CENTER CASH REGISTER TAPE-LIQUOR STORE 3RD QUARTER DISPATCH SERVICE SOFTBALL OFFICIAL/FEES PAID VALVE-FIRE DEPT -TRANSMITTER BATTERY & BATTERY CHARGER- FIRE DEPT SERVICES-HOMEWARD HILLS PARK ALTERNATOR & PARTS-EQUIPMENT MAINTENANCE SUPPLIES-COMMUNITY CENTER PORTABLE RESTROOMS-PARK MAINTENANCE EXPENSES-POLICE DEPT HOCKEY OFFICIAL/FEES PAID -SQUAD CAR BODY REPAIRS-$1603.04/REMOVED -DECALS & LETTERING-$105.00/WHEEL ALIGNMENT- EQUIPMENT MAINTENANCE 37446 PAGENET 37447 VOID OUT CHECK 37448 BOB PAYTON / 449 PHOTOS INC k 450 PITNEY BOWES 37451 PMS SERVICE CORP 37452 POWER PROCESS EQUIPMENT INC 37453 PRAIRIE HARDWARE 37454 PRAIRIE HARDWARE 37455 PRAIRIE HARDWARE 37458 PRAIRIE HARDWARE 37459 PRAIRIE HARDWARE 50 PRAIRIE HARDWARE 37461 PRAIRIE HARDWARE 37462 PRAIRIE OFFSET PRINTING 37463 PRENTICE-HALL INC 37464 PRINT SHACK 37465 JERRY PRODOEHL 37466 JOSHUA PUTKA 37467 R & R SPECIALTIES INC 37468 RED OWL STORES INC 37469 RETAIL DATA SYSTEMS OF MN 37470 CITY OF RICHFIELD 37471 KAREN ROACH 37472 ROAD RESCUE INC 37473 ROBOTRONICS INC 37474 ROGERS CABLESYSTEMS 37475 ROGER'S SERVICE 37476 SALLY DISTRIBUTORS INC 37477 SATELLITE INDUSTRIES INC 37478 MITCHELL SCHNEIDER 37479 RICK SCHOEN 37480 SHAKOPEE FORD INC 465.86 0.00 75.00 17.55 96.75 1160.00 150.00 306.39 27.46 253.48 15.29 248.01 87.55 46.56 135.72 180.95 41.20 80.45 179.80 8.00 122.85 53.25 58.00 121.17 19910.91 29.00 6.33 69.90 420.00 220.30 95.80 582.86 4.76 66.00 2445.24 2778239 37481 SIMPLEX TIME RECORDER CO 37482 SMOKE EATERS 37483 SNYDERS DRUG STORES INC Ar '484 SODERQUIST SERVICES INC 485 =mug PLUMBING INC 37486 SOUTHWEST AUTO SUPPLY INC 37487 SOUTHWEST SUBURBAN PUBLISH INC 37488 SOU'THWEST SUBURBAN PUBLISH INC 37489 SOUTHWEST TRAILS ASSOCIATION 37490 STANDARD SPRING CO 37491 STATE OF MINNESOTA 37492 JILL STEVENSON 37493 SUBURBAN CHEVROLET 37494 SULLIVANS SERVICES INC 37495 SUPERIOR PLASTICS CORP 37496 SUPPLEE ENTERPRISES INC ( '97 VOID OUT CHECK TARGET 220 37499 TASTE OF ITALY 37500 TAYLOR SALES INC 37501 TWIN CITY OXYGEN CO 37502 U S WEST CELLULAR INC 37503 HOLLY VAN DORN 37504 VESSCO INC 37505 VIKING LABORATORIES 37506 KARI A WAIL 37507 WALDOR PUMP & EQUIP CO 37508 KEITH WALL 37509 CHERYL WALTERS 37510 WARNING LITES 37511 WATER PRODUCTS CO 37512 WATERITE INC 37513 WEST PUBLISHING COMPANY 37514 STEPHEN J WHITE 37515 WILSON TANNER GRAPHICS 37516 TOM vaLsoN 889151 RECORDER REPAIRS-POLICE DEPT 68.00 SUBSCRIPTIONS-FIRE DEPT 21.00 -FILM DEVELOPED/BATTERIES/TAPE/PAPER/ 74.40 -SPONGES/COTTON BALLS/CLOTHES PINS/BALLOONS TACKS-COMMMUNITY CENTER SERVICE-FORESTRY DEPT 145.75 -PLUMBING MATERIALS NEEDED DUE TO STORM 522.79 DAMAGE -CARBURETOR KIT/MUFFLER/HAND CLEANER/HITCH 2767.25 -WIRE TIES/BATTERIES/HOSES/BELTS/BRAKE -LINES/IGNITIONS/AIR HOSE/WELD ROD/AIR -FITTINGS/BATTERY CLEANER/SPARK PLUGS/ -GASKETS/DISC/BRAKE CLIPS/CARBURETOR GORES -SPRAY BOTTLE/WATER PUMP/U-JOINT/GREASE -HOSE/GREASE GUNS/SHOCKS/TEMPERATURE CONTROL EMPLOYMENT AD-FINANCE DEPT 51.15 ADS-LIQUOR STORE 223.56 SNOWMOBILE TRAIL GRANT 795.01 REPAIR CAR SEAT-EQUIPMENT MAINTENANCE 316.00 -AIR TANK EXEMPTION CERTIFICATE- 15.00 FIRE STATION TEEN VOLUNTEER WAGES 83.92 -REPAIRED FLEX PLATE/REPLACED STARTER 492.40 -MIVE/FLY1ANIEL/DRIVE ASSEMBLY/GRILL- EQUIPMENT MAINTENANCE PUMP TANK-SENIOR CENTER 56.00 -0-RINGS/COUPLINGS/PVC CEMENT/PRIMER- 65.06 WATER DEPT -EXTENSION CORDS/INSECT REPELLANT-STORM 203.12 DAMAGE & PARKS DEPT 0.00 POOL SUPPLIES-COMMUNITY CENTER 25.73 EXPENSES-FIRE DEPT 33.92 FREEZER REPAIRS-COMMUNITY MITER 35.00 OXYGEN-EQUIPMENT MAINTENANCE 17.99 SERVICE 197.15 SUPPLIES-DAY CAMP 62.83 SEALS-WATER DEPT 20.30 CHEMICALS-COMMUNITY CENTER 34.03 MILEAGE 57.25 EQUIPMENT RENTAL-STORM DAMAGE 510.00 MEMBERSHIP DUES-POLICE DEPT 50.00 SUPPLIES-PLAYGROUND PROGRAM 11.40 EQUIPMENT RENTAL-STORM DAMAGE 135.40 -EQUIPMENT RENTAL DUE TO STORM DAMAGE- 777.98 $450.00/VALVES/GASKETS/BOLTS-WATER DEPT POOL SUPPLIES-COMMUNITY CENTER 46.41 TRAINING MANUALS-POLICE DEPT 185.00 EXPENSES-POLICE DEPT 7.41 -PLAQUES/MEDALLIONS-YOUTH TENNIS PROGRAMS/ 623.50 -BUSINESS CARDS-CITY HALL/ENVELOPES- UTILITY BILLING MILEAGE EXPENSES-FIRE DEPT 164.00 ;?tioc-i G- SEPTEMBER .15,1987 -SOCKEY BOARD/PAR TABLE GOLF/MARBLE FOOT- -BALL/BUMPER PUCK SET-SUMMER PLAYGROUND/ SPECIAL EVENTS/WARNING HOUSE ACTIVITIES JULY '87 MAINTENANCE AGREEMENT-POLICE DEPT TENNIS INSTRUCTOR/FEES PAID 1ST AID SUPPLIES-CITY HALL SUBSCRIPTION-PLANNING DEPT SERVICE-1987 SEAL COATING SERVICE-SUNNYBROOK& NEMEC KNOLLS SERVICE-BENNETT PLACE & BLOSSUM ROAD SERVICE-BLUFFS EAST 4TH ADDITION SERVICE-BAKER ROAD SERVICE-RIVERVIEW ROAD SERVICE-WATER TREATMENT PLANT ADDITION SERVICE-BLUFFS WEST STORM SEWER -SERVICE-PRAIRIE VIEW DRIVE & ST ANDREW DRIVE SERVICE-VALLEY VIEW ROAD SERVICE-HOMEWARD HILLS ROAD SERVICE-COUNTY ROAD 4 TO MITCHELL ROAD SERVICE-WATER TREATMENT PLANT ADDITION DOOR REPAIRS-PUBLIC SAFETY BUILDING SERVICE-COMMUNITY CENTER -COMPRESSION TESTER/WRENCHES/HACK SAW/ PLIERS-EQUIPMENT MAINTENANCE 37517 VAORLD WIDE GAMES if -518 XEROX CORP k. 319 STEVE YIE 37520 ZEE MEDICAL SERVICE 37521 VOID OUT CHECK 37522 ZONING BULLETIN BIWEEKLY 37523 ALLIED BLACKTOP CO 37524 BROWN & CRIS INC 37525 BROWN & CRIS INC 37526 KENKO INC 375 27 WITEMES CONSTRUCTION 37528 JP NOREX INC 375 29 JP NOREX INC 37530 JP NOREX INC 37531 NORT1EALE CONSTRUCTION CO 37532 PREFERRED PAVING INC 37533 RICE LAKE CONTRACTING 37534 SHAFER CONTRACTING INC 37535 SHAW-LUNDQUIST ASSOC INC 37536 AIRLIFT DOORS INC 37537 RICK BOLONCHUK 37538 MIKE MARUSHIN 950.05 94.00 15.00 29.10 0.00 61.80 6328.92 77262.89 25314.32 41804.79 124212.64 3606.39 11471.25 14054.97 26176.98 13499.05 40930.85 35337.72 136632.80 90.80 38.87 126.50 37539 VOID OUT CHECK 0.00 55803969 $1O925 .84 9ov-I H DISTRIBUTION BY FUND 10 GENERAL 11 CERTIFICATE OF IMAM t -- LIQUOR STORE-P V M k. LIQUOR STORE-PRESERVE 31 PARK ACQUIST & DEVELOP 33 UTILITY BOND FUND 43 77 FIRE DEBT FUND 44 UTILITY DEBT FUND 51 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND 82 FIRE RELIEF FUND $1205925.84 225794.16 4070.00 41493.46 16247.05 67544.28 326238.33 61717.35 85530.85 253847.13 26617.11 2901.64 10586.48 81338.00 A/v 4 Eder. Prairie City Counell AugustI,1537 Eder. Prairie. Minnesota i.,5 .34.4 Dear Council: On August 1, 1937 the Minnesota State statue covering restaurants with wine and beer licenses was changed allowing the serving of strong beer. Beijing 11 ine.. DBA: Beijing Chinese Cuisine, 9P.2 Prairie Center Drive, Prairie View Center, Eden Prairie respectfully asks the City Council to consider amending the City statue to be consistent with the new MinneSota State ruling. Our main purpose in making this request is that Beijing would like to serve certain Chinese beers that have more than 3.2 alchohol content. Also it has never made complete sense to us that we are allowed to serve all wines despite their having a much higher than - 2 alchehol content, b ,,It we are restricted to beer. We assume is logic was responsible for the statewide change. We were informed of the state change by Mr. Walter Pent, State Office for Liquor Control. Beijing has enjoyed serving quality Chinese cuisine te the local community. We feel the requested change would assist us in serving our customers letter. Thank you for taking this matter under consideration. Ael Kurww Viee President Beijing 1.1 Inc. DBA: Beijing Chinese Cuisine sz 1r, ft, rh V T. , fed vr?4,7 CENTER • •7- (E',19) MEMORANDUM TO MAYOR AND CITY COUNCIL FROM: CARL J. JULLIE CITY MANAGER THRU: NATALIE J. SWAGGERT DIRECTOR HUMAN RESORCES/SERVICES DATE: SEPTEMBER 10, 1987 SUBJECT: STRATEGIC PLAN SCHEDULE DATE TIME Distribute Prework-(Strategic Planning Questionaire and Myers Briggs Type Indicator) Due back to consultant Session I: What Is Strategic Planning -Group Prework results -Information Gathering Follow-Up Staff: Share MB Indicator results, discuss staff issues related to Strategic Planning. Follow-Up Council: Share MB Indicator results, discuss staff issues related to Strategic Planning. Session II: Getting Going (All) -Ice breaking/working together -Develop Mission Statement -Assign subgroup work To Be Determined Working session for Subgroup(s) (11/6 - 11/18) 11/19 9-5 or 1-8 Session III: Developing the plan -Subgroup report -Issue identification/prioritization -Goal setting - (1 to 3 years) -Plan follow-up 9/29 10/6 10/13 1-5 10/21 9-12 OR 10/22 9-12 10/21 5-8 OR 10/22 2-5 11/5 9-5 or 1-8 MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commis s i o n Carl Jullie, City Manager Bob Lambert, Director of Community Services '' August 11, 1987 Request From Stan Tekiela Attached is a letter from Mr. Stan Tekiela, 15 1 3 5 L e s l e y L a n e , E d e n P r a i r i e . As the letter indicates, Mr. Tekiela has bee n i n c o n t a c t w i t h t h e C o u n t y o n several occasions requesting them to clean-up t h e t r a s h t h a t h a s b e e n d u m p e d on a County owned piece of property in norther n E d e n P r a i r i e . The specific site is PID 04-116-22-14-0005, a 3 4 . 0 8 a c r e p a r c e l i m m e d i a t e l y east of the Chicago/Milwaukee and St. Paul Rai l r o a d a n d w e s t a n d n o r t h o f Birch Island Road. This parcel is heavily w o o d e d o n t h e s o u t h a n d w e s t s i d e with a marshy area in the north and east cor n e r . D u e t o t h e c o n f i g u r a t i o n o f the parcel and the steep wooded slope that d r o p s i n t o t h e m a r s h y a r e a , i t would be difficult to develop without major a l t e r a t i o n o f t h e l a n d . Mr. Tekiela is requesting that the Parks, Re c r e a t i o n a n d N a t u r a l R e s o u r c e s Commission and the City Council consider con t a c t i n g t h e C o u n t y t o d e t e r m i n e i f they would consider donating that parcel to t h e C i t y o f E d e n P r a i r i e f o r p a r k purposes. Mr. Tekiela cites several reasons w h y h e f e e l s t h e C i t y s h o u l d consider this recommendation: 1. The land is either steeply wooded or marshy. 2. There is already a cinder chip trail that is u s e d b y w a l k e r s a n d r u n n e r s from one end to the other. 3. The land is immediately adjacent to Birch Isl a n d P a r k , w i t h t h e e x c e p t i o n that the railroad divides the park from this p a r c e l . 4. It is used by the people of Edenwood for natu r e w a l k s . Mr. Tekiela also believes that if this was a d e s i g n a t e d C i t y p a r k i t w o u l d b e less likely to be used as a dumping ground. The Community Services Staff have reviewed th i s p a r c e l a n d c o n c u r w i t h M r . Tekiela's recommendation. The County owns several other small parcels i m m e d i a t e l y a d j a c e n t t o t h i s parcel which also should be considered for par k a c q u i s i t i o n d u e t o t h e i r configuration, and proximity to this parcel an d r a i l r o a d t r a c k s . If the Parks, Recreation and Natural Resource s C o m m i s s i o n a n d t h e C i t y C o u n c i l concur with the recommendation, the City sho u l d s e n d a f o r m a l l e t t e r o f request for the County to consider transfer of o w n e r s h i p o f t h a t p a r c e l t o t h e City for park purposes. BL:md ,),(1 ‘)( 1Y1 r _ _ wr n-1:n23 it-o you 0400.4- — rn y c onus- n o-F- A- ?c,reLi le,n4 4-4- VS owne-A, #.t4fl Caul ci,1 4 s locAk-u.4. n 1.n4 ; n. RectN m Crrr 4oE' . ezoGral, n 5 A-leics-i- \le_vi ive-rse. bePu-4-S-o Rke-Qg CY" kc,r‘cl 6-t 6far)41, rne 14-1-0 (Jubkn c- 9 ; n.3 vvaci.. 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Vice_c 1:176. hc 2_q _ d ,c1 5 i .75 ._eXc. /a ty-P WA/ - frciirie , _ _ri) • - S-1-prn J?3 .S fzs ly 553 EDEN PRAIRIE CITY SERVICES EDEN PRAIRIE, MINNESOTA CCNSTRUCTICN OF PARTIAL REPAIRS TO THE EDEN PRAIRIE COMMUNITY CENTER ADVERT/SEMENT FOR BIDS TO WHOM IT MAY CONCERN: The City Council of the City of Eden Prairie, Minnesota will receive bids at the Office of the City Manager until 2:00 P.M. Tuesday, October 13, 1987, at which time they will be publicly opened in the Council Chamber of the City Offices. They will then be tabulated and will be considered by the Council at 7:30 P.M. on October 20, 1987 in the Council Chamber at the City Offices at 7600 Executive Drive, Eden Prairie, Minnesota 55344-3677. Project - Eden Prairie City Services, Construction of Partial Repairs to the Eden Prairie Community Center; 16700 Valley View Road; Eden Prairie, Minnesota. There will be a single contract for all General, Mechanical, Electrical and Site Work according to the Plans and Specifications on file in the Office of the City Manager. All bids shall be made on the Proposal Forms provided and shall be accompanied by a cash deposit, cashier's check, bid bond, or certified check, payable to the order of the City of Eden Prairie for not less than five percent (5%) of the amount bid. Bids Shall be directed to the Office of the City Manager at Eden Prairie City Offices, Attention: Robert Lambert, Director of Community Services, 7600 Executive Drive, Eden Prairie, Minnesota 55344-3677, in an envelope securely sealed and marked "Bid for Partial Repairs to the Eden Prairie Community Center" on its outside. No bid may be withdrawn for a period of forty-five (45) days after the date and time set for the opening of bids. The City Council reserves the right to reject all bids and to waive minor irregularities therein and further reserves the right to award the contract in the best interests of the City. Proposal Forms, Contract Documents, Plans and Specifications are on ,file and may be seen at the offices of Setter, Leach & Lindstrom, Inc., 1011 Nicollet Mall, Minneapolis, Minnesota 55403-2491, and at the Minneapolis and Saint Paul Builders Exchange. On and after September 15, 1987, copies of the Plans and Specifications will be provided to prime bidders only by Setter, Leach & Lindstrom, Inc., 1011 Nicollet Mall, Minneapolis, Minnesota 55403-2491, Phone 612/338-8741, upon request to any prospective bidder and upon cash payment of $50.00 to cover the cost of printing, all of which will be refunded if plans are returned in good condition within ten days of the date the bids are opened. Drawings and Specification pages are available at the cost of reproduction, not refundable, by contacting Setter, Leach & Lindstrom, Inc. Carl J. Jullie City Manager City of Eden Prairie MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services'741=— DATE: September 10, 1987 SUBJECT: Request to Approve Plans and Specifications and Authorize Receiving Bids for Partial Repair of the Community Center At the September 15th Council meeting Wally Daniels, architect from Setter, Leach and Lindstrom, will review plans and specifications with the Council for partial repair of the Eden Prairie Community Center. Staff has recommended proceeding with this partial repair as soon as possible for the following reasons: 1. Staff is concerned that if we allow the building to go through one more complete freeze/thaw cycle with the amount of water that is coming through the walls around the natatorium, there may be permanent structural damage to the facility, and the cost repairs will certainly be much higher. 2. Staff has closed racquetball court number 3 since last February and, therefore, has recommended repair of the walls around the racquetball courts as soon as possible in order to limit the amount of permanent damage, as well as to get that income producing facility back on line as soon as possible. 3. Staff would have liked to be able to proceed with the entire repair project at this time, however, commitments for other park improvement projects from cash park fees would have to be cancelled in order to complete the project prior to receiving the expected reimbursement from the litigation process. Staff expects to complete the arbitration hearing process this fall and, hopefully, receive compensation for damages shortly after the arbitration hearing. As soon as the amount of damages are set, staff would recommend proceeding with the final phase of repair which could be completed in the summer of 1988. The repair will require the removal of the outer wall around the natatorium, and the construction of a new wall in its place, as well as constructing a second wall around the racquetball courts. Staff is recommending the outer wall be constructed of brick to match the fire station at the intersection of County Road 4 and Valley View Road, which would also be very complimentary to the brick at the high school. The specifications required the bidders to also bid regular concrete block as an alternate so the Council can pick the price difference between block and brick. Mr. Daniels will show a colored rendering of what the building will look like after the first phase repair, as well as what the building would look like after the final phase repair. Mr. Daniels will also provide examples of the proposed exterior material. The estimated cost for the first phase repair is $340,000 for brick and $325,000 for block, plus $65,000 for architectual fees including design and inspection. The source of funding for this project is the cash park fees fund, which will be reimbursed to the extent of damages awarded from litigation. BL:md 17,