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HomeMy WebLinkAboutCity Council - 11/03/1987 AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY, NOVEMBER 3, 1987 6:00 PM, CITY HALL COUNCIL CHAMBERS COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl Jullie, Assistant to the City Manager Craig Dawson, and Recording Secretary Jodi Miller ROLL CALL I. CALL MEETING TO ORDER II. DISCUSSION ON WASTE MANAGEMENT Page 2750E III. ADJOURNMENT. EDEN PRAIRIE CITY COUNCIL fUESDAY, NOVEMBER 3, 1987 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jodi Miller PLEDGE OF ALLEGIANCE - ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES OF CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 6 1987 Page 2751 III. CONSENT CALENDAR A. Clerk's License List Page 2767 City Council Agenda - 2 - Tues.,November 3, 1987 8. 2nd Reading of Ordinance No. 53-87, Requiring Filing of Financial Page 2768 tatements ty Candidates ITU Committees C. Final Plat Approval for Cardinal Ridge 2nd Addition. Located east Page 2774 of maker Road and west of I-494 (Resolution No. 87-293) D. Final Plat Approval for The Ridge 2nd Addition. Located north of Page 2776 T.H. 5 and east of proposed Dell Road extension (Resolution No. 87- 294) E. Final Plat Approval for American Family Addition located south of Page 2779 TICircle Drive, west of County Road 18 in the Opus II Business Park Resolution No. 87-295) F. Approval of Special Assessment Agreement for 8ryant Pointe Page 2781 G. Approval of Special Assessment Agreement or Prairie Bluff Page 2787 H. 1st Reading of Ordinance No. 55-87, amending Chapter 2 of Page 2792 the City Code relating to the posting of a schedule of the regular meetings of the Council and special and emergency meetings I. AMERICAN FAMILY INSURANCE by Opus Corporation. 2nd Reading of Page 2797 Ordinance No. 51-87-PUD-13-87, Rezoning from Rural to Office; Approval of Developer's Agreement for American Family Insurance Phase III; and Adoption of Resoluton No. 87-297, Authorizing Summary of Ordinance No. 51-87-PUD-I3-87, and Ordering Publication of Said Summary. Location: North of CSAH 62, south of Yellow Circle Drive. (Ordinance & PUD District Review 51-87-PUD-13-87; Resolution No. 87-297 -Authorizing Summary and Publication) J. Approval of Purchase of Storage Cabinets for Community Center Page 2806 K. Resolution No. 87-300 approving the Public Auction of Tax Page 2809 Forfeited Lands L. Resolution No. 87-296 approving plans and specifications for the Red Rock Interceptor submitted pi the Metropolitan Waste Page 2814 Control ommission M. Partial Payment for Grading Work at Homeward Hills Park, Willow Page 2815 a> d Eden Lake Park N. EDEN PRAIRIE AUTO MALL by Austin Companies. 2nd Reading of Page 2820 Ordinance No.49-87—PUD-12-87, Rezoning from Rural to PUD-12-87- Commercial-Regional-Service; Approval of Developer's Agreement for Eden Prairie Auto Mall; and Adoption of Resolution No. 87-301 - Authorizing Summary of Ordinance No. 49-87-PUD-12-87, and Ordering Publication of Said Summary. Location: South of Prairie Center Drive, east of Joiner Way. (Ordinance No. 49-87-PUD-12-87 - PUD District and Zoning; Resolution No. 87-301 - Authorizing Summary and Publication) City Council Agenda - 3 - Tues.,November 3, 1987 IV. PUBLIC HEARINGS A. MARRIOTT COURTYARD by Marriott Corporation. Request for Planned Page 2828 Unit Deve oponcept Amendment on 109.68 acres, Planned Unit Development District Review on 109.68 acres, with variances, Zoning District Change from C-Regional to C-Regional-Service on 4.2 acres, and Preliminary Plat of 13.94 acres into three lots for construction of a 149-room hotel. Location: East of Highway #169, north of I-494, west of Prairie Center Drive, south of Viking Drive. (Resolution No. 87-298 - PUD Concept Amendment to Overall Southwest Crossing PUD; Ordinance No. 54-87-PUD-14-87 - PUD District Review and Rezoning; Resolution No. 87-299 - Preliminary Plat) V. PAYMENT OF CLAIMS Page 2839 VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request Ryan Construction Company on behalf of Jerry's Super Page 2846 Valu VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPOINTMENTS A. Appointment of member to the Historical & Cultural Commission to Page 2858 fill an unexpired to-2'728/89 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Award of Contract for Fire Station Construction Page 2859 C. Report of City Attorney D. Report of Director of Planning E. Report of Director of Community Services 1. Edenvale Trail (EAW) Continued from 10/21/87 Page 2861 F. Report of Director of Public Works XI. NEW BUSINESS XII. ADJOURNMENT MEMORANDUM TD: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig W. Dawsor{ SUBJECT: Waste Management \\ DATE: October 29, 1987 The comparative lack of landfill space and the need to find alternatives to landfills has been identified as a metropolitan priority since 1980. Subsequently, the Legislature, Metropolitan Council, counties, and cities have become more and more involved in the solid waste management field. These efforts have been undertaken to protect the environment and to more fully account for the full costs of waste disposal which have not been perceived to have been done responsibly by private business. In the current scheme of things, cities have strong roles and definite responsibilities in solid waste management. History of Legislative Mandates: The State Waste Management Act, which has been amended frequently and, some would say, incoherently) since its adoption, is a weighty document which covers a wide range of issues. Among the provisions of the Act are several important mandates and definitions. The Act mandated that wastes which have not gone through a resource recovery facility will not be accepted at metropolitan area landfills after January 1, 199D. It directed the Metropolitan Council to prepare a Solid Waste Management Plan/Development Guide to implement the provisions of the Act. It defined recycling as materials which are delivered for re-use in their original form or for use in manufacturing processes. Recycling includes a variety of materials as well as yard wastes which are composted. Recyclables can be hand or mechanically separated. Metropolitan Council: The Metropolitan Council incorporated the Act into its Solid Waste Management Plan/Development Guide. Additionally, it narrowed the focus of some of the provisions. The Metropolitan Council established that 16 percent of all solid waste would be abated through recycling. Further, the only type of recycling activity which would count toward this goal would be source separation - that is, having materials separated at the source of their generation (e.g., at the home). The Metropolitan Council directed the seven counties to prepare their own solid waste master plans. Each county was to attain the minimum 16 percent recycling objective and to identify the appropriate technologies for avoiding the use of landfills. Several grant programs were created to assist with planning and operation of recycling programs. Those few programs which remain are available only to counties. Hennepin County is completing work on which will qualify it for a $675,DDD grant. The Metropolitan Council has just begun the redrafting process for its Management Plan/Development Guide which, if not put on a fast track, will be completed in late 1988 at the earliest. Hennepin County: Hennepin County, in turn, has been one of the most active of the metropolitan counties in addressing the mandates from the State and the Metropolitan Council. It has identified its own system of a downtown mass- burn facility and suburban transfer stations, and its participation with - 2 - Northern States Power Company in a waste processing facility in Elk River. To comply with the Metropolitan Council's recycling objective, Hennepin County has decided that each of the cities within the county will be responsible for seeing that at least 16 percent of their solid wastes are recycled. While Hennepin County has insisted that this recycling be done through source separation, the County Board recently adopted a resolution recognizing that recycling which occurs at centralized processing facilities (i.e., the Elk River Plant and the Reuter Plant) can contribute to reaching its recycling goals. It asked the Metropolitan Council to include recycling resulting from centralized processing as part of the recycling goal (although such activity would not be eligible for grant reimbursement), which, of course, does not conform to the current Metropolitan Council policy. Hennepin County plans for its solid waste processing facilities are premised on the 16 percent recycling goal being achieved; otherwise, there will not be enough capacity in the system to process the garbage. The system is designed on 2500 tons per day of refuse and guaranteeing enough waste for the joint Hennepin County/Blount Energy Resources facility and the NSP-Elk River plant. Yard wastes will not be accepted at processing facilities. Hennepin County has adopted a "designation ordinance" which, when it becomes effective when the downtown mass-burn facility is operational in 1990, directs that waste collected in the County will be taken to the downtown plant or transfer stations (all of which will have the same disposal fee) unless it goes to a plant which has been granted an exclusion from designation (i.e., Reuter Inc. or Richards Asphalt in Savage). The station to which refuse is taken is solely the choice of the trash hauler. In its plans, Hennepin County assumes that 400 tons per day of the available waste in the County will be processed at the Reuter facility. Hennepin County has also adopted its Ordinance No. 13, which is its ordinance relating to solid waste source separation. Key provisions as they relate to cities are that cities must have submitted a recycling plan by January 1, 1988 and that they have adopted source separation ordinances by July 1, 1988 which conform to the City's plan. The recycling goals to be achieved are 9 percent in 1988, 13 percent in 1989, and 16 percent in 1990 and thereafter. For Eden Prairie to achieve its recycling goals in accordance with the County plan, 3408 tons would need to be recycled in 19B8, 5228 tons in 1989, and 6810 tons in 1990. Not directly tied to the Ordinance is a rather generous grant program which reimburses 50 to BO percent of operating expenses, depending on the increasing amount of waste recycled. Cities: Cities, in the meantime, have made a variety of responses from very little to very aggressive in terms of providing programs. Many have openly questioned whether people will separate their trash and whether the 16 pecent goal is realistic. Several have expressed discomfort about becoming involved in solid waste, an area they have left to private business. Others have bristled at the lack of choice given by the Metropolitan Council and Hennepin County, and criticized them for being more concerned with the method of recycling (and its behavior modification thrust) than the goal of recycling - waste abatement. And recently other technologies such as those employed by the Reuter, Inc. have appeared in the Twin Cities which merit consideration in the regional solid waste management system. Several cities have begun programs of separate collections of compostible yard wastes. Many have established drop-off collection centers, usually with non- profit organizations such as Goodwill Industries. Several cities have - 3 - contracted with a private firm, SuperCycle, for separate collection of recyclables from residences. With the exception of the program of the City of St. Louis Park, no program is approaching the graduated percentages of recycling established by Hennepin County. The City of Eden Prairie created a small Recycling Advisory Committee late in 1984. In a random telephone survey it conducted in 1985, the Committee determined a great deal of sentiment supporting recycling and source separation existed in the community, even though it would probably mean addditional cost. The Committee recommended that the City monitor recycling efforts and that residents contract individually with recyclables haulers to have their recyclables removed. The Council disagreed with the recommendation, doubting its effectiveness for the community and noting the inability of haulers to remain viable even when they had exclusive contracts with cities. The City began a limited yard waste collection program in October 1987. Results and evaluation will be presented later in the year. Expenses for recycling and associated waste management activities are excluded from calculations for a city's levy limit. A Primer on Terminology: There are a few terms in the field of solid waste which shoiTd be clarified: "Collection center" or "Drop-off center" - A site where recyclables are taken. These are often offered by nonprofits or private businesses. They may or may not be staffed; without staffing, litter control and the dumping of undesired materials become problems. "Compost" - This is a soil conditioning material which is produced by the decay of part of the waste stream. The time needed to produce compost depends on the method used. "Municipal Solid Waste" or "Mixed Solid-Waste" (MSW) - Refuse which is collected from urban uses, usually residential but also commercial. Does not include waste from industrial uses, nor waste which is considered hazardous. "Open Collection" - A system of waste collection whereby each waste generator contracts privately to have his/her/its refuse collected. "Organized Collection" - According to state statute, a system for collecting solid waste in which a specified collector, or a member of an organization of collectors, is authorized to collect from a defined geographic service area or areas some or all of the solid waste that is released by generators for collection. Collection may be organized as a municipal service or by ordinance, franchise, license, negotiated or bidded contract, or other means, using one or more collectors or an organization of collectors. "Resource Recovery" - This is a generic term which refers to ways of regaining the use of a resource (i.e., garbage) usually through conversion to a fuel. "Mass-burn" - This is a form of resource recovery in which garbage is incinerated to produce heat, usually to be converted to steam power. "Refuse-derived Fuel (RDF)" - This technology produces a material often known as "fluff" which is an additive or substitute in processes requiring heat for power. Recycling often occurs in the process of producing RDF. A - 4 - "Densified Refuse-derived Fuel (dRDF)" - This technology compacts RDF, generally in pelletized form, for use as a fuel. "Source Separation" - Waste is separated at or by the source. A source is a residence or a business. Waste can be separated at the source, if it collected there, or by the source if it takes waste to a collection center. "Mechanical Separation" - Separation of recyclables during a mechanical process at a centralized processing facility (i.e., a resource recovery plant or a facility specially designed to accept unseparated recylable materials). "Waste Generator" - One who produces waste; synonymous with "source". An Eden Prairie Response: There has been much unofficial discussion among the Council and staff about being able to use the Reuter facility as a waste processing facility and as a method to accomplish the recycling goal. This project raises several questions and possibilities. *Mechanical Separation: The Reuter operation separates recyclables through a mixture of mechanical and hand separation processes within the plant. This technology is in conflict with the Metropolitan Council policy that the only recycling which is to be counted toward achieving the recycling goal is through source separation. Hennepin County's approved Master Plan also compels source separation, although its recently-adopted resolution endorses mechanical separation. The Metropolitan Council is redrafting its Solid Wste Management Plan/Development Guide, and has asked interested responders if the concept of recycling should be expanded to include mechanical separation. The City has commented that mechanical separation should be so eligible. Staff has also commented to the Legislative Commission on Waste Management that it direct, or propose for legislation, that the metropolitan waste management plan specifically not exclude mechanical separation. There is some indication that Metropolitan Council members are leaning toward including mechanical separation, although this change could not be accomplished until late 1988. At this time, it appears appropriate to pursue the mechanical separation alternative. At the same time, it appears that the Metropolitan Council would want to ensure that people had the opportunity for source separation. This could be accomplished by having drop-off centers available. *How to Direct Waste to a Facility: This issue is one which requires further in depth research. The City would need to have a contract with Reuter, Inc. with several assurances to both parties about the waste to be delivered and processed. What tools are available to the City to direct its waste have differences in implementation. The City could organize its collection most easily by having a contract with a firm or an organization of firms to pick up residential refuse. This approach would make the City the service provider and displace the free enterprise system which now exists in the City. It would, however, reduce trash collection fees, and would make the City responsible for fee collection. Through the contract, the City as provider could direct delivery of the refuse. Other means to which legislation alludes as ways for the City to organize collection include ordinance, franchise, and license. While statutorily possible, some questions have arisen whether their use would stand up to anti- trust challenges. Hennepin County was able to adopt its designation, or flow- control, ordinance because it proved that such control was necessary to the 1_Ji ) - 5 - financial viability of the waste processing system being provided by the County. Designation through ordinance or license is a use of regulatory power which may be inappropriate or invalid in this waste management activity. Others argue that licenses are issued to protect the public health, safety, and welfare, and solid waste processing is a public health issue which should be in the purview of licensing. Contracts for delivery of waste to a facility such as Reuter, Inc.'s which are in effect before the County enforces its designation ordinance would have their wastes excluded from the County plan. *Possible Contract with Reuter: A contract with Reuter, Inc. would need to cover such items as duration of the agreement and price for service. The City should also insist on verification that recyclables, fuels, and compost are being marketed and not landfilled. It should also be concerned about the way in which hazardous wastes are handled. The company should be receptive to making necessary changes due to unforeseen technical reasons or governmental mandates. The City's possible liability for its association with the Reuter plant would need to be limited. Overall, the City should strive for features in the agreement which assure that Eden Prairie residents would be utilizing a desirable process and service. *Compost Facilities: Compost operations for MSW which would compete in processing volume with the Flying Cloud Sanitary Landfill appear to require more land and building area than would be available within the City in accordance with the Comprehensive Guide Plan. Smaller plants might be possible, but would require very close evaluation. *Drop-off Centers: Generally, refuse hauling operations are in two classes: residential for from one to four units), and commercial (including residences with five or more units). If the City were to be able to direct its "residential" garbage, residents in multi-family settings would still need an opportunity to recycle. (Metropolitan Council policy seeks to have a maximum availability of recycling opportunities.) This could be accomplished through drop-off centers (preferably operated by private interests). Reuter, Inc. has indicated a willingness to experiment with being a drop-off site. Given this remote geographic location within the City, consideration may wish to be given to another site in the City for ease of access. Given that a drop-off center would probably entail on-site and/or trailer storage, the City's Ordinance Code may need to be amended to permit recycling operations in more zoning districts than the I-General would now allow. *Yard Waste Composting: This is a component of a recycling program which sTiould be studied further for expansion. It is a service which other cities will be considering seriously, especially given the virtual County ban of these materials at waste processing sites beginning in 1990. (Reuter, Inc. would rely on these materials). The City of St. Louis Park has reported that a significant portion of the 21 percent of its refuse which is being recycled results from separate yard waste collection. *Focus on Residential: Making inroads on recycling is easiest to accomplish y focusing on residential uses, rather than commecial and industrial uses, for a variety of reasons. These include the comparative stability of residential populations, the relative ease of organizing and reinforcing communications, and, if necessary, enforcement of regulations. While the City should work with and encourage businesses to recycle, the payoff from staff /_uC - 6 - and financial resources should be greater and more quickly realized if efforts are focused on residential. What if the City Does Nothing: According to Hennepin County Ordinance No. 13, a municipality fails to achieve specified goals, the County may implement a source separation recycling program for persons who are owners, lessees and occupants of buildings within the boundaries of that municipality. If the County implements a source separation recycling program within a municipality, the County will designate the materials that are to be separated and how these materials are to be prepared for collection; also the type, condition and location of containers for recyclables. The County shall establish the time, route and method of recyciables collection, and individuals authorized to make such collection. The County may recover costs incurred resulting from non-compliance with this Ordinance from individuals and/or municipalities within Hennepin County. Any person who fails to comply with the provisions of the Ordinance may be charged with a violation not exceeding a misdemeanor. SUMMARY In its wish to provide an effective service with good value for its residents while striving toward maximum landfill abatement, the City Council should authorize staff to pursue alternatives employing mechanical separation of recyclables. In conjunction with this direction, staff should explore ways the City may direct some or all of its waste to such a facility. The City should try to influence policies or legislation to expand definitions of what is recognized as recycling. To provide more recycling opportunities, yard waste collection and privately-run drop-off centers should be studied. Finally, waste abatement efforts should focus first on residential generators before moving to business generators. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL• TUESDAY, OCTOBER 6, 1987 7:30 PM, CITY HALL COUNCIL CHAMBERS, 7600 Executive Drive COUNCIL MEMBERS: Mayor Gary Peterson, Richard Anderson George Bentley, Jean Harris, and Patricia Pidcock CITY COUNCIL STAFF: City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Community Services Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Jan Nelson PLEDGE OF ATJ,FGIANCE ROLL CALL: All members were present. PRESENTATION OF AWARD OF MERIT FROM MINNESOTA SOCIETY OF ARBORICULTURE Mayor Peterson said this presentation will be postponed to a future meeting date. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Anderson moved, seconded by Bentley, to approve the Agenda and Other Items of Business as published. Motion carried unanimously. II. MINUTES A. Joint City Council/School Board Meeting held Tuesday, August 18, 1987 The following items were changed: Page 1, last paragraph, Sentence 3: change "relieve" to "relief". MOTION: Pidcock moved, seconded by Bentley, to approve the Minutes of the Joint City Council/School Board Meeting held Tuesday, August 18, 1987, as published and amended. Motion carried unanimously. B. City Council Meeting held Tuesday, September 1, 1987 The following change was made to Page 6, Paragraph 2, Sentence which the 4Councilgcould f elfcomfortableof a design with 2-751 City Council Minutes -2- October 6, 1987 MOTION: Harris moved, seconded by Bentley, to approve the Minutes of the City Council Meeting held Tuesday, September 1, 1987, as published and amended. Motion carried with Pidcock abstaining. C. Special City Council Meeting held Tuesday, September 15, 1987 MOTION: Pidcock moved, seconded by Anderson, to approve the Minutes of the Special City Council meeting held Tuesday, September 15, 1987, as published. Motion carried unanimously. D. Special City Council Meeting held Tuesday, September 22, 1987 MOTION: Anderson moved, seconded by Bentley, to approve the Minutes of the Special City Council meeting held Tuesday, September 22, 1987, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Clerk's License List B. Approval of Joint Powers Agreement with Metropolitan Air- ports Commission regarding Financial Participation to Construct Fire Station No. 4 C. 1st Reading of Ordinance No. 52-87, regulating the sale of strong beer D. Award Bid for Renovation for New Senior Center E. Authorize Joint Powers Agreement with the City of St. Paul to protect the municipal pumping rate classification for municipal water supply systems F. Authorize a cooperative agreement with the City of Minne- tonka to provide for sewer service for Edenbrook subdivision G. Final Plat approval for Timber Creek North (South of West 62nd Street and northeasterly of Purgatory Creek) Resolu- tion No. 87-257 H. Final Plat approval for Bluestem Hills 4th Addition (east of Bennett Place and north of Purgatory ree eso u ion Ro. 87-260 I. Final Plat approval for Edenbrook (south of West 62nd Street and west of Cranberry Lane) Resolution No. 87-256 City Council Minutes -3- October 6, 1987 J. Authorize permit application for connection to MWCC Sanitary Sewer Interceptor for Eden Pointe Apartments (Olympic Hills Villas) Resolution No. 87-263 K. Authorize permit application for connection to MWCC Sanitary Sewer Interceptor for Timber Creek North (Resolution No. 87-264) L. Authorize execution of Department of Natural Resources License to cross public waters for Welter Purgatory Acres 2nd Addition (Resolution No. 87-265) M. Change Order No. 1, Bennett Place/Blossom Road, I.C. 52-105 N. Change Order No. 1, Bluffs West Area Drainage, I.C. 52-069 0. INSULATION DISTRIBUTORS, INC., by Welsh Companies. 2nd Reading of Ordinance No. 46-87, Rezoning from Rural to I-2; Approval of Developer's Agreement for Insulation Distribu- tors, Inc.; and Adoption of Resolution No. 87-245, Authorizing Summary of Ordinance No. 46-87 and Ordering Publication of Said Summary. Approximately 2.0 acres for construction of 29,885 sq. ft. office/warehouse structure. Locations North and east of Equitable Drive, South of Valley View Road. (Ordinance No. 46-87 - Rezoning; Resolution No. 87-245 - Authorizing Summary and Publication P. CRESCENT RIDGE. Denial of 2nd Reading of Ordinance No. 58-83, Rezoning of 26.6 acres from Rural and R1-22 to R1-13.5 and 20 acres from Industrial General and Rural to RM-6.5, with variances, for mixed residential development. Location: North of Highway No. 5 at the western boundary of the City of Eden Prairie. Q. THE RIDGE 2ND ADDITION, by Dirlam Development. 2nd Reading of Ordinance No. 30-87-PUD-5-87, Rezoning from Rural to PUD-5-87-R1-13.5 for The Ridge 2nd Addition; Approval of Developer's Agreement for The Ridge 2nd Addition; and Adoption of Resolution No. 87-268, Authorizing Summary of Ordinance No. 30-87-PUD-5-87, and Ordering Publication of Said Summary. 41.5 acres into 70 single family lots, one outlot, and road right-of-way. Location: West of Evener Way, South of the Chicago, Milwaukee, St. Paul and Pacific Railroad. (Ordinance No. 30-87-PUD-5-87 - Rezoning; Resolu- tion No. 87-268 - Authorizing Summary and Publication) R. EDENBROOK, by David Hoel. 2nd Reading of Ordinance No. 39-87, Rezoning from Rural to R1-13.5; Approval of Developer's Agreement for Edenbrook; and Adoption of Resolution No. 87-269, Authorizing Summary of Ordinance No. 39-87, and Ordering Publication of Said Summary. 6.2 acres into 13 single family lots, 1 outlot, and road right-of-way. ,Z)53 City Council Minutes -4- October 6, 1987 Location: South of Townline Road, east of Purgatory Creek, west of Woodlawn Heights. (Ordinance No. 39-87 - Rezoning; Resolution No. 87-269 - Authorizing Summary and Publication) S. DATASERV, by Opus Corporation. 2nd Reading of Ordinance No. 41-87, Rezoning from Rural to I-2; Approval of Amend- ment to Developer's Agreement for DataSery Addition; and Adoption of Resolution No. 87-270, Authorizing Summary of Ordinance No. 41-87, and Ordering Publication of Said Summary. 1.5 acres for construction of additional parking for existing DataSery Headquarters. Location: East of the Intersection of Technology Drive and Prairie Center Drive. (Ordinance No. 41-87 - Rezoning; Resolution No. 87-270 - Authorizing Summary and Publication) T. 2nd Reading of Ordinance No. 48-87, renaming Appaloosa Lane to Tree Farm Road U. Resolution No. 87-275 Ordering Certification of Delinquent Utility Accounts V. Resolution No. 87-276 Authorizing Remarketing of $7,865,000 Multi-Family Housing Bonds for Eden Pointe Apartments (now called Olympic Ridge W. Approve Bylaw Amendments for the Eden Prairie Volunteer Fire Department Relief Association X. Resolution No. 87-278 relating to Crown Auto Stores Munici- pal Industrial Development Bonds Y. Resolution No. 87-279 Authorizing That Amendment No. 1 To The Joint Cooperation Agreement, County Contract No. 70466, Be Approved (Community Development Block Grant Program) MOTION: Harris moved, seconded by Pidcock, to approve Items A - Y on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. ROGER'S BODY SHOP, INC., by Roger L. Lindeman. Request for Zoning District Change from Rural to I-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 acress from the Hennepin County Vocational Technical School. (Ordinance No. 44-87, Rezoning; Resolu- tion No. 87-249, Preliminary Plat) Continued from Septem- ber 15, 1987) City Manager Jullie noted the proponent has requested a 60-day continuance. 54 City Council Minutes -5- October 6, 1987 MOTION: Bentley moved, seconded by Pidcock, to continue this item to the December 1, 1987 meeting. Motion carried unanimously. B. SPECIAL ASSESSMENT HEARING FOR VALLEY VIEW ROAD IMPROVEMENTS, I.C. 51-272 (Resolution No. 87-266) City Manager Jullie stated notice of this Special Assessment Hearing had been published and property owners had been notified. He said a letter explaining the details of the assessment was also mailed with the notices. Director of Public Works Dietz said this Special Assessment Hearing came about as the result of questions raised during the hearings in September regarding the distribution of costs for the Valley View Road Improvement against the Fairway Woods Condominiums. He said costs against each of the Fairway Woods Condominiums have been calculated to be $44.39 per unit. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 87-266, approv- ing 1988 Special Assessments. Motion carried unanimously. C. EDEN PRAIRIE AUTO MALL, by M. Austin Smith & Leo T. Furcht. Request for Comprehensive Guide Plan Amendment from Neighbor- hood Commercial to Regional Commercial on 15.3 acres, Planned Unit Development Concept Amendment on 23.6 acres, Zoning District Change from Rural to C-Reg-Service on 2.58 acres, with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 4.84 acres into one lot and one outlot. Location: South of Prairie Center Drive, east of Joiner Way. (Resolution No. 87-271 - Amending Comprehensive Guide Plait Resolution No. 87-272 - Planned Unit Development Concept Amendment to The Preserve Commercial Park PUD; Ordinance No. 49-87 - Rezoning from Rural to C-Reg-Service; Resolution No. 87-273 - Preliminary Plat) City Manager Jullie stated notice of this Public Hearing was published and property owners in the project vicinity were notified. Peter Beck, representing proponent, addressed the proposal. Planning Director Enger said this project was discussed at the September 14th meeting of the Planning Commission and was continued to the September 28th meeting in order that proponent revise the development plans to include modifica- tions such as building elevations which screen the overhead 2`765 City Council Minutes -6- October 6, 1987 doors, improved internal circulation and provision of appropriate stacking for the car wash, and other changes as outlined in the Staff Reports of September 25th and Sep- tember 11th. He said the Planning Commission recommended approval of the revised project at the September 28th meeting on a unanimous vote. The Parks, Recreation & Natural Resources Commission did not review this project. Harris asked Beck to review the parking proposed for the facility. Beck pointed out the areas on a map of the project. Bentley asked when Medcom Blvd. will be extended through from Hwy. 169 to Franlo Road. Director of Public Works said they would typically wait until there is some form of development along the Franlo Road area. Bentley said he had concerns about the traffic flow in this entire area as this project will generate a great deal more traffic, and there is no additional outlet planned for the project. Enger said the Planning Commission was also concerned about traffic; however, the traffic study indicated that the existing geometrics will handle the traffic generated by this project. Enger said Staff believes the Medcom Blvd. connection will be necessary and they would be very interested in the results of an informal Feasibility Study of that connection. Bentley also noted that he was concerned about the general proliferation of car-care facilities in the Major Center Area. Mr. Beck said a convenience store was originally planned but was later stricken from the project. Beck said there will be a low demand for parking with this facility. Pidcock said she was also concerned about the traffic in this area, particularly with the Lund's store going in nearby. There were no comments from the audience. MOTION: Bentley moved, seconded by Harris, to close the Public Hearing and to adopt Resolution No. 87-271, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to adopt Resolu- tion No. 87-272, approving the Eden Prairie Auto Mall PUD Concept Amendment to the Overall Preserve Commercial Park PUD. Motion carried unanimously. ,Z)5( City Council Minutes -7- October 6, 1987 MOTION: Bentley moved, seconded by Harris, to give 1st Reading of Ordinance No. 49-87 for Rezoning from Rural to C-Reg-Service on 2.58 acres, subject to review of variances by the Board of Appeals. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to adopt Reso- lution No. 87-273, approving the Preliminary Plat of Eden Prairie Auto Mall for M. Austin Smith and Leo T. Furcht. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris, to direct Staff to prepare a Developer's Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. D. PRAIRIE VILLAGE APARTMENTS MULTI-FAMILY HOUSING PLAN (Resolution No. 87-277) City Manager Jullie stated notice of this Public Hearing was published in the September 16th issue of the Eden Prairie News. He said the purpose of the Hearing is to consider a request for substitution of developers from the Prairie Village Limited Partnership to the Century Capital Group. He said this is the only change that would occur in this project. There were no comments from the audience. MOTION: Harris moved, seconded by Pidcock, to close the Public Hearing and to adopt Resolution No. 87-277 approv- ing the change in identity of the developer. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 37540 - 37950 MOTION: Bentley moved, seconded by Pidcock, to approve the Payment of Claims Nos. 37540 - 37950. Roll call vote: Anderson, Bentley, Harris, Pidcock and Peterson voted "aye". Motion carried unanimously. VI. ORDINANCES & RESOLUTIONS There were none. VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Approve concept plan as revised for TH 169 improvements between CSAH I and Prairie Center Drive (Resolution No. 87-267) Director of Public Works Dietz noted this project was approved by the Council once before, but there have been City Council Minutes -8- October 6, 1987 changes. He pointed out the areas to be changed from the original proposal on a drawing of the project and des- cribed the changes to be made. Peterson asked what portions MnDOT will do. Dietz said MnDOT will build the extension of Aztec Lane and the City will do the accesses. Bentley asked if MnDOT is also planning to construct the improvements going east on Anderson Lakes Pkwy. Dietz said they are. Dietz noted that the soils near Purgatory Creek are poor; therefore MnDOT is proposing a bridge across the creek rather than a culvert. Anderson said he was concerned that this construction allow pedestrians a safe means of crossing from one side of the creek to the other. Dietz said it would be appropriate for the Council to add some language to the resolution about such concerns. Dietz said there is no wording regarding the potential bikeway grading, and it would be appropriate to modify the resolution to include that. Peterson asked if there would be any pedestrian facility built into the bridge. Dietz said there is none planned. Dietz said there is a trail corridor following the creek and it might be possible to bring the pathway system down into the creek bottom near the bridge and then proceed south. Anderson said he was very concerned with the safety hazards that would exist if there is no area for pedestrians built into the bridge. Bentley said he agreed with that concern if the bridge did not allow for any pedestrian traffic whatsoever. Dietz replied that there will be an 11-1/2 foot shoulder on the bridge. Pidcock asked how many signals there will be between Prairie Center Drive and County Road 1. Dietz responded there will be no additional signals with this project; however, there is one proposed at the access to Fountain Place. MOTION: Bentley moved, seconded by Harris, to amend Reso- lution No. 87-267 by adding the following two items: B. That a pathway corridor be established under the bridge across Purgatory Creek. C. That roug h grading be done for a future bideway/ hikeway system along Hwy. 169 from Prairie Center a`�5X City Council Minutes -9- October 6, 1987 Drive to County Road 1 wherever reasonably feasible without additional right-of-way acquisition. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock, to adopt Resolution No. 87-267, approving TH 169 Layout, as amended. Motion carried unanimously. B. Request from Mr. & Mrs. John McSwiggan to review decision made by the Board of Appeals & Adjustments on Variance Request No. 87-37 City Manager Jullie said Mr. & Mrs. McSwiggan have re- quested the Council review the decision by the Board of Appeals & Adjustments to deny their request for a variance to construct a deck on their house at the corner of Divinity Lane and Caramel Trail. City Attorney Pauly said that if a review is requested by the party, then such a review is mandatory. MOTION: Bentley moved, seconded by Pidcock, to set consideration of this review for the October 20th meeting. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. APPOINTMENTS There were none. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members There were no reports. B. Report of City Manager 1. Resolution No. 87-274, Approving the 1988 City Budget Bentley noted that he was pleased to see the mill rate down from where we started. City Manager Jullie referred to his memo of October 1, 1987 which followed up on the budget discussions by summarizing the changes and providing requested City Council Minutes -10- October 6, 1987 additional information. He noted that a second memo on the police and fire name and uniform changes had been sent to the Council in the October 2nd "FYI" packet. MOTION: Pidcock moved, seconded by Harris, to adopt Resolution No. 87-274, certifying 1987 tax levy, col- lectable in 1988. Anderson said he would support the motion but was sorry that certain things such as the communications items were taken out of the budget. He said he hoped as the year goes by and there is money left, we can take another look at this and initiate the communi- cations items then. He asked that Staff bring this up at an appropriate time. Peterson said he thought the rest of the Council agreed with him. VOTE ON THE MOTION: Motion carried unanimously. 2. Award of Contract for Fire Equipment City Manager Jullie called attention to the memo of October 1, 1987 from Fire 'Thief Ron Johnson and Assistant to the City Manager Dawson regarding the award of contract for fire equipment. He said the apparent low bid for the two engines and the engine/ tanker was unresponsive to the specifications in a number of instances. Jullie referred to the letter to Luverne Fire Apparatus dated September 23rd from Assistant to the City Manager Dawson notifying Luverne Fire of the rejection and enclosing the memorandum of September 22 from Chief Johnson explaining their failure to meet specifications. Jullie said the City received a letter from Mr. Thomas Barrett, attorney for Luverne Fire Apparatus, requesting an opportunity to respond to the rejection and enclosing a letter from Mr. Reedy of Luverne Fire replying to the rejection with attached explanatory material. Mr. Thomas Barrett and Mr. Steve Reedy, representing Luverne Fire Apparatus, addressed the rejection of their bid. Pidcock asked City Attorney Pauly for his comments. Mr. Pauly said the Council will need to consider two questions raised by Mr. Barrett: one, the question of whether Luverne's bid is in accordance with the specifications; and two, whether the specifications were drawn so tightly as to preclude any but one bidder on the project. { City Council Minutes -11- October 6, 1987 Fire Chief Johnson reviewed the procedures used to develop the specifications and noted that the committee spent a large amount of time putting the specifications together. He reviewed the reasons for including many of the specifications for the equipment. Bentley asked how the bids were put out. Chief Johnson replied that they were advertised in the newspaper; however, the news spread rapidly after the referendum was passed and calls came in requesting the specs. Bentley asked in what geographic area the bid was published. Chief Johnson said it was published in the Eden Prairie News; however, by the time of publication they had already been contacted by virtually every fire truck company. Peterson asked how many companies asked for the specs. Johnson replied there were six requests. A discussion followed as to why some of the companies were unable to bid competitively and why some of the specifications were included. City Attorney Pauly asked Chief Johnson to comment on the specification for a 350 horsepower diesel engine versus Luverne's proposal for a 300 horsepower engine and the difference in configuration of the tank. Chief Johnson said the 350 horsepower engine is considerably heavier and they believed it was necessary. Anderson said the heavier horsepower engine would make a lot of difference in performance. Harris noted that we want our Fire Department to be as efficient as possible; thus they should be familiar with the operation of the equipment. She said she saw no need at this point to rebid the contract. MOTION: Harris moved, seconded by Pidcock, to award the contract for fire equipment as recommended by Staff. Motion carried unanimously. • 3. Leaf Recycling Proposal Assistant to the City Manager Craig Dawson referred to his memo of October 2nd on the proposed leaf recycling program. He outlined the alternatives available for implementation of this program and noted that the project will be on a very tight schedule. { City Council Minutes -12- October 6, 1987 Bentley asked how often pick-up would occur at any given location. Dawson replied it would occur only once this fall, beginning October 19th for a two-week period. Peterson asked how Staff is proposing to define clearly the areas to be included. Dawson said Staff expected to work with Eden Prairie News on an article that would describe the project and the neighborhoods included and to prepare a flyer to be inserted with the News to outline the rules and provide a map of areas included. Harris noted that the 19th seemed rather early and that there might be more leaves later in the month. Dawson said that is a problem but the project needs to be com- pleted before the end of October when there is the possibility of snow on the ground. A discussion followed regarding the policies of local trash haulers regarding pick-up of yard and lawn materials. Anderson said this can be a particular hardship on senior citizens if the trash haulers refuse to take this sort of material. Bentley said the issue is still unresolved as to whether the project will be done on a pilot or a City-wide basis. City Manager Jullie said he thought a City-wide basis would be better as it would be easier to explain. MOTION: Pidcock moved, seconded by Anderson, to accept the Staff recommendations for the leaf recycling collec- tion program and to provide the program on a City-wide basis. Motion carried unanimously. Peterson commented that Staff had done a good job preparing the recommendations. 4. Set Joint City Council/Planning Commission meeting for 6:00 PM, October 20, 1987 City Manager Jullie said the Planning Commission has requested a meeting with the Council to discuss several items. MOTION: Anderson moved, seconded by Harris, to set a Joint City Council/Planning Commission meeting for 6:00 PM, October 20, 1987. A discussion followed regarding the possible agenda for the meeting. The consensus was that it should be an City Council Minutes -13- October 6, 1987 informational meeting only. Planning Director Enger said he would talk to the Commission Chair to pick some items that are general in nature. VOTE ON THE MOTION: Motion carried unanimously. 5. Discussion on Schedule for Strategic Planning City Manager Jullie noted that the revised schedule in the Staff memo of September 25th was based on the consultant's availability. Peterson asked if it might be possible to meet all day Friday instead of a half day on Saturday. A discussion followed regarding the proposed schedule. Bentley said he was concerned that we have been defer- ring discussion on some specific items as well as some major philosophical items to strategic planning and it appears that such items are not necessarily dealt with in this type of process. Peterson said, while that may be a valid point, he thought the primary issue now is the schedule. MOTION: Bentley moved, seconded by Pidcock, to approve the revised strategic plan schedule with the suggestion that an attempt be made to make the November 20th ses- sion a full day one in order to eliminate the November 21st session. Motion carried unanimously. C. Report of City Attorney City Attorney Pauly gave his report at a closed session of the Council after the meeting was-adjourned. D. Report of Director of Planning 1. Preliminary Discussion on Downtown Area Concept Proposal and Building Height Question Bentley asked what constitutes preliminary discussion. Peterson said that he thought the two memos from Staff dated September 21st were so important that they should be read and discussed. Harris said she, too, thought the discussion is very important. She thought this should be a part of the Council's critical review process to identify a series of issues that the City should be addressing as we go into the next five years. City Council Minutes -14- October 6, 1987 Bentley said the memo regarding the downtown area capsulizes the direction he would like to see us take on the issue of the Major Center Area. Anderson said he agreed and that he thought the discussion of build- ing heights would become part of the discussion and planning for the future development of the downtown area as it fits into the future development of the City. Harris said she thought the process laid out by Mr. Enger in his memo is very important as it would help build a sense of community. Planning Director Enger said he had talked to several of the property owners in the area and one of the owners, Don Brauer, was at the meeting tonight. Don Brauer addressed the process presented for the downtown area. He said they had discussed the idea of an RFP for a plan study that would include some of our own ideas or, alternatively, to present the ideas to developers who have design staffs. He said the City could put together a package of ideas on which the City would participate with the developers. Peterson asked if they felt a consensus among the developers that they would support this financially. Brauer said several of the owners had discussed this as a partnership concept and they would participate. Bentley said he was interested in how the City might become involved as a facilitator to help implement the design process. He suggested that the H.R.A. take such a position since it is a technically separate entity from the City Council and could act as the coordinator of the design process. He said he was concerned about the City Council itself being the primary advocate and the facilitator. Enger said he and Mr. Brauer could put together some ideas to generate interest from developers, and the developers could then come to the City with design work and make a presentation. If no real interest was generated that way, then we could go forward with an RFP for a regular architectural planner or designer to do more of the preliminary work. , Bentley said the question of height policy has not been covered. Peterson said he thought this is directly related to the process of strategic planning if we decide to develop a mission statement. Anderson said he thought we should give Staff the go ahead to start working on the downtown; however, r1 City Council Minutes -15- October 6, 1987 he would not like to tell them at this time that we will only allow certain height buildings in certain areas. E. Report of Director of Community Services 1. Report on Park Bond Referendum Survey Director of Community Services Lambert referred to his memo of August 21st reporting on the Park Bond Referendum Voter Survey and his memo of August 20th with recommendations relating to any future park bond referendums. He said the survey was good, primarily because of the high percentage of voters who returned the survey, and it provided a lot of information for the next such referendum. Peterson said he agreed that another referendum should be deferred until next spring and noted that we may even want to consider doing a preliminary survey. Anderson said, while there are a lot of areas that we can wait on, we cannot wait to acquire the land for those sites that are considered valuable. He said the land acquisition has to be a priority item. Lambert said there are two major land acquisitions: one is the Riley Lake Park land and the other is a 30-acre site for a softball field complex. He said we have applied for a grant that would provide up to 50% of the acquisition costs for Riley Lake Park. F. Report of Director of Public Works 1. Accept Bids and Award Contract for Lime Sludge Removal Referring to the Staff memo of October 6th, Director of Public Works Dietz reviewed the bids for I.C. 52-128, 1987 Lime Sludge Removal and Disposal. He said City Attorney Pauly had suggested a motion that would pro- vide for the low bidder to demonstrate that their trucks meet the specifications. MOTION: The following motion was made by Pidcock and seconded by Bentley: WHERAS, the City of Eden Prairie has invited bids for the removal and disposal of sludge from the City's water treatment plant facilities; and, WHEREAS, bids have now been received; and, WHEREAS, the low bidder has not yet demonstrated com- pliance with respect to certain equipment to be used 0� X�J ti City Council Minutes -16- October 6, 1987 in connection with the removal of said sludge in accordance with the specifications, NOW, THEREFORE, the Council of the City of Eden Prairie hereby accepts the bid of Max Johnson Trucking Company in the amount of $90,000.00 as the low bidder on condition that said Company will provide, not later than October 9, 1987, to the City's Director of Public Works trucks meeting specifications to the satisfac- tion of the Director of Public Works. RESOLVED FURTHER, that in the event that Max Johnson Trucking Company does not provide said truck or that the same does not meet with the approval of the City's Director of Public Works prior to October 9, 1987, the bid of L. & G. Rehbein, Inc., in the amount of $106,200.00 shall be and is conditionally accepted. RESOLVED FURTHER, that a contract shall be awarded and entered into between the City and the person whose bid has been accepted pursuant to the foregoing. Motion carried unanimously. XI. NEW BUSINESS Anderson noted that Mr. Jullie, Mr. Dawson and he attended the conference on City Council and City Manager relations. He said it was very interesting and he would like to have an opportunity to discuss some of the information with the Council. Peterson said it would be appropriate to get a report on it. XII. ADJOURNMENT The Council adjourned at 10:30 PM to a closed session with City Attorney Pauly to discuss items in litigation. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST November 3, 1987 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Engco General Contractors Arnold Bing Plumbing, Inc. F. P. Lutz & Company Nikko Plumbing Olympic Pools, Inc. Podany Plumbing Ross Plumbing CONTRACTOR (1 & 2 FAMILY) PLUMBING/GAS A Home of Your Own, Inc. Getty Construction Advanced Plumbing & Heating Patio Village, Inc. Nickelson Plumbing & Heating Westcot Construction P & D Mechanical Contracting GAMBLING (CALANDER RAFFLE) Telephone Pioneers of America These licenses have been approved by the department heads responsible for the licensed activity. 94 L.,/ Pat So ie, Licensing la?7040 MEMORANDUM TO: MAYOR AND CITY COUNCIL THROUGH: CARL JULLIE, CITY MANAGER FROM: ROGER A. PAULY, CITY ATTORNEY RE: ORDINANCE NO. 53-87 RELATING TO THE REPORTING OF CONTRI- BUTIONS AND DISBURSEMENTS BY POLITICAL CANDIDATES AND COMMITTEES DATED: OCTOBER 27, 1987 The following revisions in Ordinance No. 53-87 have been made subsequent to the first reading. 1. References to setting forth the names of each person who has made a contribution or to whom a disbursement has been made have been eliminated from Subd. 3.A., B., C., and D., and in their place there have been added subparagraphs E.and F. 2. The words in Subd. 3.B. "such period" have been changed to "the period for which transactions must be reported." 3. Subd. 3.C. and D., after the word "candidate," the +� words "for political purposes" have been inserted. RAP:cw ORDINANCE NO. S 4 7 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY ADDING SECTION 2.88 REQUIRING THE FILING OF FINANCIAL STATEMENTS RELATING TO RECEIPTS AND DISBURSEMENTS BY CANDIDATES AND COMMITTEES IN CONNECTION WITH CITY ELECTIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Chapter 2 is amended by adding Section 2.88 thereto, as follows: SEC.-2:88.---------- --- --. . _. .- - Subd. 1. Definitions. • A. "City election" means an election held in the City at which the voters of the City choose by ballot any public official for the City. B. "Personal campaign committee" means any commit- tee appointed by a candidate for any city election. C. A "political committee" shall consist of every two or more persons who shall cooperate in the raising, collecting, or disbursing of money used, or to be used, for or against the election to public office of any person or any class or number of persons in any city election. A person who does no more than contribute money to a political committee shall not be deemed to be a member of a political committee. D. "Disbursements" means every act by or through which any money, property, office, or position or other thing of value passes or is directly or indirectly conveyed, given, promised, paid, expended, pledged, contributed, or lent, and also -1- any money, property, office, or position or other thing of value so given, provided, paid, expended, promised, pledged, . contributed, or lent. . . Subd. 2. Statements to Be.Filed. Every candidate and every personal campaign committee shall file a verified financial statement as follows: A. Seven days before the election; and B. Seven days after the election. The statement shall be verified upon the oath of the candidate or the personal campaign committee, as the case may be, and shall cover all transactions made up to and including the third day before the filing of the statement and not accounted for .and reported upon in statements theretofore filed. In the event of any transaction occurring after the third day before the filing of the statement after the election, a state- ment setting forth such transaction or transactions shall be 1 filed within thirty days after such transaction. Each statement r after the first shall contain a summary of all preceding state- ments and summarize all items theretofore reported under the pro- visions of this subdivision. Subd. 3. Information Required. The statement of a candidate and a personal campaign committee shall give in full detail: A. Every sum of money and all property, and every other thing of value, received by such candidate or committee during such period from any source whatsoever which such candi- -2- • date or the committee uses or has used, or is at liberty to use for political purposes, the date when each was received, and the • total amount received from all sources in any amount or manner; _ B. Every promise or pledge of money, property, or other thing of value, received by such candidate or committee during the period for which transactions must be reported, the proceeds of which the candidate uses or has used, or is at liberty to use for-political purposes, the special purposes for which each was promised or-pledged, the date when each was so promised or pledged, and the total amount promised or pledged from all sources in any amounts or manner; C. Every disbursement by such candidate for political purposes or committee during such period, the specific purpose for which each was made, the date when each was made, and the total amount of disbursements made in any amounts or manner; and D. Every obligation, expressed or implied, to make any disbursement incurred by such candidate for political purposes or. committee during such period, the specific purposes for which each was made, the date when each was incurred, and the total amount of such obligations made in any amounts or manner. E. The name of each person or source from which an aggregate value of $250 or more of money, property or other thing of value was received, promised or pledged by or to such candidate for political purposes or committee during such period and any prior period or periods. -3- -,f F. The name of each person to whom a disbursement or disbursements, or an obligaton, expressed or implied, to make a disbursement or disbursements, of an aggregate value of $250 or more was made or incurred by such candidate for political purposes or committee during such period and any prior period or periods. Subd. 4. Statements by Political Committees. Every political committee,,shall=°file-.a verified financial statement within thirty days after a City election. The Statement shall set forth the total amount of receipts and disbursements and the purpose or purposes for which the disbursements were made. The statement shall also set forth the name of each person from whom or to whom any money, property or other thing of value having an aggregate value of $250 or more was received or disbursed. Subd. 5. Statement Forms. Forms for statements shall be prepared by the City Clerk, and copies thereof, together with a copy of this section of the City Code, shall be furnished to every candidate and committee of which the City Clerk has knowledge, upon the filing for election to public office by the candidate, and to all other persons required by law to file statements who may apply therefor. The verified financial state- ments shall be filed with the City Clerk. Subd. 6. Notice and Penalty. The City Clerk shall notify a candidate and the members of a committee, in writing, of the failure to comply with this Section immediately upon the expiration of the time fixed for filing of a statement, and if -4- the provisions of this Section shall not be complied with within ten days..after the mailing of such notice, such candidate and each member of a committee required to file such statement to whom such notice has been sent shall be guilty of a misdemeanor. Any-failure to comply with the provisions of this Section prior to such notice and expiration of such ten days shall not consti- tute a violation of this Section. _ .Section 2-. City Code Chapter-1 entitled .General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 are hereby .adopted in their entirety; by reference, as though repeated verbatim herein. Section 3. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1987. ATTEST:. City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1987. RAP2 8457-1 10-27-87 -5- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-293 A RESOLUTION APPROVING FINAL PLAT OF CARDINAL RIDGE 2ND ADDITION WHEREAS, the plat of CARDINAL RIDGE 2ND ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for CARDINAL RIDGE 2ND ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated OCTOBER 28, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on NOVEMBER 3, 1987. Gary 0. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 2�y CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager FROM: Jeffrey Johnson, Engineering Technician DATE: October 27, 1987 \, SUBJECT: Cardinal Ridge 2nd Addition PROPOSAL: The Developer, Countryside Investments, Inc., has requested City Council approval of the final plat of Cardinal Ridge 2nd Addition. Located east of Baker Road and west of 1-494, the plat contains 1.6 acres to be divided into two single family lots and right-of-way dedi- cation for street purposes. This plat is a combination of Outlot B Cardinal Ridge and Outlot C Cardinal Hills and the connection of Promontory Drive between the two plats. HISTDRY: Each of the underlying outlots went through the approval process independently of one another with the approval of their "parent" plats. Final plat approval for Cardinal Ridge was granted June 16, 1987, per Resolution No. 87-158. Final plat approval for Cardinal Hills was granted at the last City Council meeting held October 20, 1987, per Resolution #87-289. VARIANCES: All variance requests must be q processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities and streets are in place and nearly complete with the construction of Cardinal Ridge. BONDING: Bonding shall conform to the requirements of the City Code. PARK DEDICATION: Park dedication shall conform to City Code requirements. RECOMMENDATION: Recommend approval of the final plat of Cardinal Ridge 2nd Addition subject to the requqirements of this report, and the following: 1. Receipt of engineering fee of $250.00. JJ:ss cc: Countryside Investments Ron Krueger & Associates • 1 ;'1 11J CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-294 A RESOLUTION APPROVING FINAL PLAT OF THE RIDGE 2ND ADDITION WHEREAS, the plat of THE RIDGE 2ND ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, 8E IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for THE RIDGE 2ND ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated OCTOBER 28, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on NOVEMBER 3, 1987. 1 1 Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPDRT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician( " 7/ DATE: October 28, 1987 \J v SUBJECT: The Ridge 2nd Addition PROPOSAL: The Developer, United Mortgage Company, is requesting City Council Approval of the final plat of the Ridge.2nd Addition. Located south of the Chicago, Milwaukee, St. Paul, and Pacific Railroad north of T.H. f5 on the western boarder of Eden Prairie, the plat contains 41.5 acres to be divided into 69 single family lots, road right-of-way for street purposes, and one outlot for park purposes. Outlot A consists of 9.14 acres of floodplain area to be dedicated to the City via warranty deed for park purposes. HISTORY: The preliminary plat was approved by the City Council June 16, 1987, per Resolution #87-168. Second reading of Ordinance #30-87-PUD-5-87, changing zoning from I- General to R1-13.5, was finally read and approved by the City Council October 6, 1987. The Developer's Agreement referred to within this report was executed October 6, 1987. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways, and walkways will be installed throughout the plat in conformance with City Standards and the requirements of the Developer's Agreement. A feasibility study is underway for the extension of Dell Road to the south. Upon completion of the feasibility study, and action by the City Council, the Developer shall enter into a special assessment agreement covering the cost of the Dell Road extension. In conjunction with the development of this property, a temporary lift station will be necessary to serve the area with sanitary sewer. Because of the high maintenance costs of lift stations, it will be necessary for the Developer to pre-pay these costs in the form of a reverse annuity. This annuity would be a sum of money (as yet OCTOBER 28, 1987 THE RIDGE 2ND ADDITION PAGE 2 OF 2 undetermined) invested at a fixed interest rate, with a yearly payment to cover maintenance costs, with the balance reaching zero at the end of the life span of the lift station. This prepayment of maintenance costs must be paid prior to release of the final plat. A detailed review of development projections of the surrounding area will be necessary before the amount necessary to pre-pay lift station maint- enance costs can be accurately determined. Lot dimensions must be revised on Lot 15 Block 3 to reflect average lot width of 85; and on Lot 7 Block 1 to reflect minimum lot size of 13,500 square feet. Plat shall be revised to include a 20' wide easement for trail purposes along the perimeter of Outlot A. Developer shall provide recordable easement documents for said trail purposes. PARK DEDICATION: Prior to release of the final plat, Developer shall convey to the City, by warranty deed, title to Outlot A. The remaining requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding must conform to City Code and the Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the final plat of the Ridge 2nd Addition subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of street sign fee of $770.00 • 2. Receipt of street lighting fee of $8,755.OD 3. Receipt of engineering fee of $2,760.00 4. Receipt of warranty deed for Outlot A. 5. Revision of Lot 7 Block 1, and Lot 15 Block 3 to meet minimum requirements. 6. Revision of plat to include 20' wide trail easement along Outlot A, and receipt of easement documents for trail purposes. 7. Developer shall enter into special assessment agreement covering construction costs of Dell Road. 8. Receipt of prepayment of maintenance costs involved with temporary lift station. 9. Revision of street name from West 184th Street to Dell Road. JJ:ss cc: Ron Helmer, United Mortgage Company Peter Knaeble, Ron Krueger & Associates CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-295 A RESOLUTION APPROVING FINAL PLAT OF AMERICAN FAMILY ADDITION WHEREAS, the plat of AMERICAN FAMILY ADDITION has been submitted in a manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat approval request for AMERICAN FAMILY ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated OCTOBER 28, 1987. B. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdivision of the above named plat. C. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on NOVEMBER 3, 1987. j5 Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Peterson and City Council Members THROUGH: Carl J. Jullie, City Manager Alan D. Gray, City Engineer FROM: Jeffrey Johnson, Engineering Technician DATE: October 27, 1987 l� SUBJECT: American Family Addition PROPOSAL: The Developer, OPUS Corporation, on behalf of American Family Insurance, has requested City Council approval of the final plat of American Family Addition. Located south of Yellow Circle Drive and north of the Crosstown Highway, in the OPUS II Business Park, the plat contains 14.36 acres. This plat is a re-plat of OPUS II 2nd Addition consisting of three lots to be consolidated into one lot to allow for more efficient use and management of the property by American Family Insurance. HISTORY: The preliminary plat was approved October 20, 1987, per Resolution 87-285. Zoning was changed from rural to office on 5.34 acres October 20, 1987, per Ordinance 51-87-PUD-13-87. The Developer's Agreement referred to within this report is scheduled for execution at the November 3, 1987 City Council meeting. VARIANCES: All Variance requests must be processed through the Board of Appeals. UTILITIES & STREETS: All municipal utilities necessary to serve this site are provided by the City of Minnetonka through the OPUS II Business Park. Recommend that the Developer submit proposed utility plans to the City of Minnetonka for their review and approval. All utilities are proposed to be privately owned and maintained. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. 80NDING: Bonding shall conform to City Code and Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the final plat of American Family Addition subject to the requirements of this report, the Developer's Agreement, and the following: 1. Receipt of engineering fee of $250.00. 2. Satisfaction of bonding requirements. 3. Review and approval of utility plans by the City of Minnetonka. 4. Revision of plat to include standard drainage and utility ease- ments along the perimeter of the plat (10' along street frontage, 5' along lot lines) JJ:ss cc: Michael Ryan, OPUS Corporation 770 0 AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT made this day of August, 1987, between the City of Eden Prairie, a municipal corporation, (the "City") and Waleswood Corporation, a Minnesota corporation and Jyland Development, Inc., a Minnesota corporation (the "Owners"). A. The Owners hold legal and equitable title to property described as Lots 1 through 25, Block I, and Lots 1 through 3, Block 2, Bryant Pointe, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owners desire to develop the Property in such a manner that will require the reconstruction and widening of Rowland Road along the southerly border of the Property and the installation of concrete curb and gutter and storm sewer, catch basins and manholes (all of which is hereafter referred to as the "Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners consent to the levying of assessments against the Property for the construction of the Improvements. 7 1 •. I 'I. Page -2- 2. The Owners acknowledge that the Improvements referred to herein will be part of a larger construction project involving Rowland Road as it passes the Property as well as other land. The City presently intends to have prepared a Feasiblity Report which report will show proposed costs to be assessed against the Property. The actual cost to be assessed against the Property may differ from the amount shown in the Feasiblity Report when the actual cost of construction is known. A pro rata share of the total cost of construction for the entire "construction project" shall be assigned to the Property in the same manner as is done in the Feasibility Report. To the extent practical and feasible the City will make a good faith effort to assess the undeveloped property identified as PIN 2-116-22-24-0001 along Rowland Road south of the Property, in substantially the same manner as it assesses the Property. 3. The cost to be assessed against the Property for the construction of the Improvements will be the cost to reconstruct and widen Rowland Road as a 28 foot wide residential collector street, including concrete curb and gutter and all utilities referred to above in Paragraph "B". City at its option may increase the width of Rowland Road to more than 28 feet and the City will assume the cost for this additional width. For purposes of determining the amount of the assessment, the cost of `2'772 Page -3- the Improvements shall include, in addition to actual construc- tion costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Improvements. 4. The City's assessment records for the Property will show the assessment as a "pending assessment" until levied. 5. The Owners waive notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 6. The Owners concur that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owners waive all rights they have by virtue of Minnesota Statute S429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation BY: Gary D. Peterson Its Mayor BY: Carl J. Jullie Its City Manager r • Page -4- JYLAND DEVELOPMENT, INC. A Minnesota Corporation BY: Its BY: Its WALESWOOD CORPORATION A Minnesota Corporation BY: Its BY: Its Yriq 1 Page -5- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1987, by Gary D. Peterson, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, • a Minnesota municipal corporation, on behalf of the corporation. {{ 1 Notary Public STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19d7, by the and the of Jyland Development, Inc., a Minnesota corporation, on behalf of the corporation. 1 Notary Public Page -6- ( STATE OF MINNESOTA ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this • day of , 1987, by the and the _ of Waleswood Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public E i d 1 RFR -- 7836-1.CP -- #4 -- 09-08-87 _, 1ClD inr. t AGREEMENT REGARDING SPECIAL ASSESSMENTS 1 THIS IS AN AGREEMENT made this __ day of September, 1987, between the City of Eden Prairie, a municipal corporation, (the "City") and The Pemtom Company, a Minnesota corporation (the "Owner"). A. The Owner holds legal and equitable title to property described as Lots 1 through 8, Block 1, Lots 1 through 9, Block 2, Outlot A, and Outlot B, Prairie Bluff, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the Property in such a manner that will require the City to construct and maintain storm drainage improvements consisting of storm water detention facilities and conduits (all of which is hereafter referred to as the "Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. 1 1 Page -2- AGREEMENTS { IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property for the construction of the Improvements. 2. The Owner and the City acknowledge that the Property is a portion of a watershed which will benefit from the Improvements. The City presently intends to have prepared a Feasibility Report which report will show proposed costs to be assessed against the Property and other parcels of land within the watershed. The actual cost to be assessed against the Property may differ from the amount shown in the Feasibility Report when the actual cost of construction is known. A pro rata share of the cost of construction for the "construction project" shall be assigned to the Property in the same manner as is done in the Feasibility Report. The City shall determine whether Outlots A and B, referred to above shall be assessed on account of the Improvements. The manner in which the assessments are spread against . the Property shall also be determined by the City. 3. For purposes of determining the amount of the assessments, the cost of the Improvement shall include, 277 Page -3- f in addition to actual construction costs, administra- tive, interest, legal and engineering costs and fees incurred or paid by the City in relationship to construction of the Improvements. 4. The City's assessment records for the Property will show the assessments as a "pending assessments" until levied. 5. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessments are to be considered by the City Council and thereafter approved and levied. 6. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessments to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 5429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assess- ments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. TeifL Page -4- CITY OF EDEN PRAIRIE A Minnesita Municipal Corporation BY: Gary D. Peterson Its Mayor • BY: Carl J. Jullie Its City Manager THE PEMTOM COMPANY A Minnesota Corporation BY: Its President Page -5- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1987, by Gary D. Peterson and Carl J. Jullie, the Mayor and City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1987, by the President of The Pemtom Company, a Minnesota corporation, on behalf of the corporation. Notary Public RFR -- 9483-1.CP -- #5 -- 09-22-87 ORDINANCE NO. 55-31 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.06 RELATING TO REGULAR COUNCIL MEETINGS AND SECTION 2.07 RELATING TO SPECIAL COUNCIL . MEETINGS; AND ADDING NEW SECTION 2.071 RELATING TO EMERGENCY MEETINGS, SECTION 2.072 RELATING TO RECESSED MEETINGS, AND SECTION 2.073 RELATING TO FAILURE TO COMPLY; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Eden Prairie City Code Chapter 2, Section 2.06 shall be amended to read as follows: SEC. 2.06. REGULAR COUNCIL MEETINGS. Regular meetings of the Council shall be held in the Council Chambers on the days and hours fixed by resolution of the Council. [A schedule of the regular meetings of the Council shall be kept on file at the City Hall. Any regular meeting to be held at a time or place differ- ent from the time or place stated in the schedule of regular meetings shall receive the same notice as a special meeting.] Section 2. City Code Chapter 2, Section 2.07 shall be amended to read as follows: EEC. 2.07. NOTICE OF SPECIAL MEETINCE. Sutd. Hailad Notice. Cpccial meetings may be ealled by the Mayor es by any twe member() e€ the Council by writing filed w-ith the City Clerk Treasurer whe shall then mail a netlee to all member:, e€ tho time, place and purpose e€ meeting at least ewe (1) day before the meeting. Subd. Pelted Notice. addition to mailing, the City Clerk Treasurer shall else pest a a.-a '�a�ea e€ special meeting in the City Hall where other notices arc generally pocted. -1- Subd. 4,- EMergeney, Notice of special meeting may be dicpcnced w#rt-h #tt a oituation whieh roquireo -i m e urgency action. dit 4ete+-mi:i..7 what constitutco sae an emergency, the fl C.Council shall he guidedby enftsIdeeatIefts e€ whether the oitua -left calla fee lmmediaae eetien involving the protection e€ the public peace, health or oafcty. [SEC. 2.07 SPECIAL MEETINGS. Subd. 1. 'Special meetings may be called by the mayor or by any two (2) members of the Council by a writing filed with the City Clerk-Treasurer. Subd. 2. Notice to Council members. The City Clerk- Treasurer shall send written notice to all council members of the time, place and purpose of a special meeting, except an emergency meeting, at least three (3) days before the meeting. Subd. 3. Notice to Public. For all special meetings, except emergency meetings or special meetings for which a notice requirement is otherwise expressly established by statute, the City Clerk-Treasurer shall post, at least three (3) days before the date of -the -meeting, a written notice of the date, time, place and purpose of_.the meeting in the City Hall where other notices are generally posted. Subd. 4. Notice Pursuant to Special Request. Any per- son may file a written request for notice of special meetings with the City. A person filing a request for notice of special meetings may limit the request to notification of meetings con- cerning particular subjects, in which case written notice as pro- -2- lw vided below need be given to that person concerning special meetings involving those subjects only. Each written request shall expire December 31 of each year and must be refiled to remain effective. Prior to December 31 of each year, the City Clerk-Treasurer shall -send out notices of the refiling require- ment to each person who filed during the previous year. The City Clerk-Treasurer shall mail or otherwise deliver a written notice of special meetings, at:least three (3) days before the date of the meeting, except an emergency meeting, to each person who has filed a request therefore. As an alternative to mailing notices to persons who have filed written requests, the City may publish the notice once, at least three (3) days before the meeting in the official newspaper or, if there is none, in a qualified news- paper of general circulation within the City. Subd. 5. Actual Notice. If any person receives actual notice of a special meeting at least twenty-four (24) hours prior to the meeting, all notice requirements of this section are sat- isfied with respect to that person.] Section 3. City Code Chapter 2 shall be amended by adding Section 2.071 to read as follows: [SEC. 2.071 EMERGENCY MEETINGS. Subd. 1. An "emergency" meeting is a special meeting called because of circumstances that, in the judgment of the Council, require immediate consideration. In determining what constitutes an emergency, the Council shall be guided by consid- -3- 4 I erations of whether the situation calls for immediate action involving the protection of the public peace, health or safety. Subd. 2. Notice. Mailed notice to council members is not required for an emergency meeting. Posted public notice is not required for an emergency meeting. After notice of an emer- gency meeting has been given to the Council members by telephone or any other method, the Clerk-Treasurer shall make good faith efforts to provide notice of an emergency meeting, by telephone or by any other method used to notify the members of the Council, to each news medium which has filed a written request for such notice pursuant to Sec. 7.05, Subd. 4, provided such request includes the news medium's telephone number. Subd. 3. If the Council discusses or acts upon matters not directly related to the emergency meeting, the minutes of the meeting shall include a specific description of such matters.] Section 4. City Code Chapter 2 shall be amended by adding Section 2.072 to read as follows: [SEC. 2.072 RECESSED MEETINGS. Subd. 1. If a meeting is a recessed or continued ses- sion of a previous meeting, and the time and place of the meeting was established during the previous meeting and recorded in the 1 minutes of that meeting, then no further published or mailed 1 notice is necessary.] }j Section 5. City Code Chapter 2 shall be amended by adding j. Section 2.073 to read as follows: 1 -4- J [SEC. 2.073 FAILURE...TO COMPLY. Failure to comply with any provision of Sections 2.07, 2.071, and 2.072 shall not constitute a violation subjecting the person who fails to comply to a fine or penalty, unless the failure to comply is willful and deliberate.] Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for 'Violation and Section 2.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1987. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of 1987. RAP2 8457-2 10-7-87 -5- American Family Insurance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 51-87-PUD-13-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGPL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CDNTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development 13-87- Office District (hereinafter "PUD 13-87-Office"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 3, 1987, entered into between American Family Insurance, Inc., and the City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUD 13-87-Office, and is hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 13-87-Office is not in conflict with the goals of the Guide Plan of the City. B. PUD 13-87-Office is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 13-87-Office, are justified by the design of the development described therein. 0. PUD 13-87-Office is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 13-87-Office District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of October, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of November, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of • T Exhibit A ' Legal Description PUD Concept Amendment PUD District Review Preliminary Plat That part of Lot 1, Block 1, OPUS II 2ND ADDITION lying Westerly of a line drawn parallel with and 45 feet Easterly of the West line of said Lot 1, (measured at right angles to the West line of said Lot 1) and Lots 2 and 3, said Block 1, according to the recorded plat thereof, Hennepin County, Minnesota Rezoning from Rural to Office Lot 3, except the East 171.2E feet thereof as measured at right angles to and parallel with the East line of said Lot 3, Block 1, OPUS II 2ND ADDI- TION, according to the recorded plat thereof. r?��J n! r`� American Family Insurance DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1987, by American Family Insurance, a Wisconsin corporation, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept Amendment on 14.36 acres, Planned Unit Development District Review on 14.36 acres, with variances, and Zoning District Change from Rural to PUD-13-87-Office on 5.34 acres, and Preliminary Plat of 14.36 acres into one lot for the construction of a five-story, 88,412 sq. ft. office structure, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #51-87-PUD- 13-87, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated September 4, 1987, reviewed and approved by the City Council on October 20, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by , Developert suc coves andnants,�agreementsn such ,lner as provided therein of and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any grading permit upon the property, Developer shall submit to the City Engineer, and obtain the City Engineer's } approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. ✓,i Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Developer agrees to follow the landscape plan, which includes placement of 88D caliper inches of trees on the property. Said landscape plan is attached hereto as a part of Exhibit B. Developer agrees to implement said landscape plan in accordance with City Code requirements. City hereby acknowledges that said landscape plan shall be considered to have met the requirements of the Tree Replacement Policy for the property. 5. Developer agrees to notify the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. 6. Developer has submitted a tree inventory to the City of those trees within 25 ft. outside of the construction area, which are not planned to be removed by construction on the property as approved by City, indicating the size, type, and location of all trees twelve (12) inches in diameter, or greater, at a level 4.5 feet above ground level. If any such trees are removed, damaged, or destroyed outside of the construction area, Developer agrees that prior to issuance of any building permit for the property, Developer shall: A. Submit to the Director of Planning, and obtain the Director's approval of a reforestation plan for all trees removed, damaged, or destroyed outside of the construction area. Said plan shall indicate that the trees shall be replaced by similar tree species and that the trees used for reforestation shall be no less than six inches in diameter. The amount of trees to be replaced shall be determined by the Director of Planning, using a square inch per square inch basis, according to the area of the circle created by a cross sectional cut through the diameter of a tree as measured 4.5 feet above the ground. B. Prepare and submit to the Director of Planning, and obtain the Director's approval of a written estimate of the costs of the reforestation work to be completed. C. Submit a bond, or letter of credit, guaranteeing completion of all reforestation work as approved by the Director of Planning. Developer agrees that the amount of the bond, or letter of credit, shall be 150% of the approved estimated cost of implementation of all reforestation work and shall be in such form and contain such other provisions and terms as may be required by the Director of Planning. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above in said plans, as approved by the Director of Planning. 7. Developer has agreed to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to obtain City approval of said measures. Developer has agreed that said protective measures shall include, but not be limited to: A. Grading shall be confined to that area of the property within the construction limits. B. Snow fencing shall be placed at the construction limits within the wooded areas of the property prior to any grading upon the property. C. City shall perform an on-site inspection of said protective measures on the property by the City. Developer shall contact City for said inspection. Developer agrees that defects in materials and workmanship in the implementation of said measures shall then be determined by the City. D. Defects in materials or workmanship, if any, shall be corrected by Developer. Developer agrees to call City for reinspection of the implementation measures, and to obtain approval by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditions as the City may impose at the time of acceptance. B. Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and obtain the Director's approval of samples of proposed exterior materials for the structure. Developer agrees that the exterior material of the parking deck shall be brick to match the brick of the main structure. • Upon approval by the Director of Planning, Developer agrees to implement the above improvements, as approved by the Director of Planning. 9. Prior to issuance of any building permit on the property, Developer agrees to submit to the Building Department, and to obtain the approval of the Building Department for structural plans for the parking deck on the property. Upon approval by the Building Department, Developer agrees to construct the parking deck, as approved by the Building Department, in accordance with the terms and conditions of applicable City Code and Uniform Building Code requirements. 10. City hereby grants the following variances to City Code requirements within the Office District through Planned Unit Development District Review for the property and incorporates said variances as part of PUD 13-B7: A. Building height is allowed to be greater than 30 ft., up to 68 ft. B. Front yard setback is allowed to be less than 35 ft., down to 20 ft. from the north property line adjacent to Yellow Circle Drive for setback to the parking deck structure. American Family Insurance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-297 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 51-87-PUD-13-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 51-87-PUD-13-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 3rd day of November, 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. 51-87-PUD-13-87, 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. 51-87-PUD-13-87 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 November 3, 1987. Gary D. Peterson, Mayor ATTEST: John 0. Frane, City Clerk L?OL1 American Family Insurance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 51-87-PUD-13-87 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEG& DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located north of CSAH #62 and south of Yellow Circle Drive from the Rural District to the PUD-13-87- Office District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the _ day of 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services 1741` DATE: October 28, 1987 SUBJECT: Storage Cabinets for Community Center Since the recreation staff moved from City Hall to the Community Center, staff have had a difficult time finding storage areas for recreation equipment at that facility. meeting Room yB for radults hthat eare using ar, the �the ty bfacility. Thisean rovidingcprogramrhasnmade storage of recreation equipment an even more critical problem. The original design of meeting Room B anticipated someday installing a sink and cabinets in that room. Plumbing was stubbed to the room during the original construction. At this time, the Community Services Staff request authorization to construct storage cabinets and to install the sink in that room. Attached is a memorandum from Tom Eastman regarding three proposals for construction of these cabinets. The Community Services Staff recommend approval of Superior Woodwork's proposal of $2,4B8 for the laminated wood cabinets. The sink would be installed by City staff. Staff would recommend funding of this project from cash park fees. BL:md MEMORANDUM TO: Bob Lambert, Director of Community Services FROM: Tom Eastman, Supervisor of Operations DATE: October 27, 1987 SUBJECT: Meeting Room B Cabinets Attached are three proposais from various woodwork companies on cabinets for meeting room B. These cabinets would be used to store games, supplies and eqiupment for the Recreation Department. The following is a list of the companies and their proposed cost for building the cabinets. Adventures In Woodworking $6288.00 Superior Woodwork $2488.00 Harold's Woodworking Shop $3850.00 Staff recommends the Superior Woodwork proposal be accepted if the cabinets are approved. This is something that could be used for many things, it would be equipped with a sink for washing toys in the Center Care. Staff feels the sink and cabinets would be a nice addition to the Community Center. If you have questions contact me. cc: Rick Bolinske { f , jil L'1• 1 6368 Carlson Drive Eden Prairie,MN 55344 p r o p o s a (612)934-7832 Page No. of Pages PROPOSAL SUBIAITIED TD PHONE DATE Eden Prairie Comm. Center 937-8727 OCT. 8.1087 STREET JOB NAME 16700 Valley View Road CITY.STATE AND ZIP CODE JOB 1OCALION Eden Prairie, Minn.55344 Same ARCHITECT DATE OF PUNS JOB PHONE attn. Tom Eastman we tined'aaoose is I non',onerous and door necnury for Die comp,eoon of 1- 24"x36"x72" Laminated base cabinet readied for sink. 1- 12"x42"x72" Laminated upper cabinet with built in micro wavc cab. 1 2'1"x'18"x96" Lami.ratcd cabinet. 1- 24"x36"x96" Laminated cabinet. 1- 24"x24"x96" Laminated Cabinet. All oabinct dooro to hnvc locks kcycd to mctuh. Ali exposed cabinet surfaces to be Formica Burnt Orange to match pxiating cahit7atS_ Cabinet interiors to nave polyester cabinet liner. Price includes delivery and installation. Cost of Birk wst1" . ^a-i-act $42e.ee WE PROPOSE hereby To furnish material and labor—complete in accordance with above specifications,for the sum of: • Twn Thnu,,and Four hnndred a-vd Eighty Eight dour,is 2,)188.00 parmem to be mane as'Ottawa: • (this price does not include cost of sink and installation.) Form of payment to be arranged. • All material is quaranteed to be as speciried.All work to be completed in a sue- nantal workmannke mann.,according to sDeclticalians submitttd.Der standard Authorized J Practices.any alteration or Deviation tram above soeutiut,am involving extra Srgnature LPL (-L,Oh costs will be execu tea Only upon wr,iten Orders,and will become an extra cnargie / and abnve the estimate.an agreements conttngnnt upon strikes,accidents or Nora Thit proposal may'be amaya doyens our control Owner to carry tin,tornado and otnar necessary in - enthuse by us it not acceptedwithin 3� dolts. mance.Our workers are luny covered by Workmen's Compensation insurance. .EPTANCE OF PROPOSAL The above prices,soec,ncatiOna and conai • - bons are,arlstactOry and are nereoy acceotea.you are aulnorited to do eel•work of specified.Payment will be made as outline abOve. Signature Dale of Acceptance Signature . ,IUL CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 55344 RESOLUTION 87-300 A RESOLUTION APPROVING THE PUBLIC AUCTION OF TAX FORFEITED LANDS WHEREAS, the City of Eden Prairie has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of real estate taxes, which said list has been designated as Exhibit A attached hereto, and WHEREAS, provided in the Minnesota Statutes 282, the City Council is • asked to approve the public sale of these parcels or to indicate which parcels the City wishes to acquire for public use, and WHEREAS, the City has reviewed the list and finds no need to acquire these parcels for public use: 10-116-22-21-0008, Auditor's Subdivison 225; 25-116-22-234005, Eden Prairie Acres; 25-116-22-32-0018, Eden Prairie Acres. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Eden Prairie does request the Board of Hennepin County approve the sale of these parcels at public auction. ADOPTED, by the City Council of the City of Eden Prairie this 3rd day of November, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, Clerk SEAL J t� z S rF • # • 3 i .v A Q I 2 6I e " e i O.1 W l' ill r 10 E E f 06 W O E E z As AA 11 W W M itb e e IpQz�( - K 1D§�13� 1. 1 1 * A r 1 1 J 1 i_" 1W O Mp' 1 iii ia Ea "s 5 s I € i li e 1 I e Q 5 gl ift i S IA Z AC �511 6 Er M+ M Y. Y 3 li `X 1 As li rx iIs I t i t t ( I, i (. MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services Rt. DATE: October 29, 1987 SUBJECT: Tax Forfeited Property Attached is a classification list of non conservation land located in Eden Prairie. The described parcels forfeited to the State of Minnesota for non payment of property taxes. As provided in Minnesota Statutes 282, the County has requested the City to either approve the parcels for public auction, auction to adjacent owners, or request conveyance to the City for public use. Also, attached for your review are copies of half section maps indicating the location of the parcels described. There are four parcels listed; however, parcel #23-116-22-24-0073 has been removed from the list of forfeited property, as this parcel was a homeowner's association property that should not have any value placed on the parcel. The remaining three parcels have potential for development and have no use for either road or park purposes. The following list provides some additional information on each parcel: 1. Parcel 10-116-22-21-0008 Auditor's Subdivision No. 225, parcel 8 - approximately 2 ares Owner - Stephen Rowland, 8125 Ensign Road, Bloomington, MN 55438 Taxable Market Value - $14,000 Yearly Taxes - $622.12 Pending Specials - -0- 2. Parcel 25-116-22-23-0005 Eden Prairie Acres, Block 1, Lot 4 - approximately 1 acre Owner - George W. Blossom, 1075 North Patterson Ave, Santa Barber, California 93111 Taxable Market Value - $3,000 Yearly Taxes - $6,479.90 (sewer, water, etc.) Unpaid Specials - $40,023.71 3. Parcel 25-116-22-32-0018 Eden Prairie Acres, Block 1, Lot 29 - approximately 1.64 acres Owner - George W. Blossom Taxable Market Value - $11,500 Yearly Taxes - $8,345.90 (sewer, water, etc.) Unpaid Specials - $49,513.39 City staff recommend the Council approve Resolution 87-300 authorizing the sale of tax forfeited land. BL:md � i.il •..y5• r I t 45) .�+ ( • 67 00 tl 33' I t �C .`l � \ RM1� (4 3) ! I0. (42) 666'' � l'�T 34! 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' (34) (b. •? -o '.at •, ° 6 ,(28) n 46 Q s O'�(J L" • .. - . 5 O •.6 �. b 2i ? -�o. 16 (5? 6awm»10 a. ° 2 �.� -�33)a.i'� ,�. (17).ssp F (451 A . • $_1ii3i • (35)e •"C� sy1 730, 1 (26) �fQg6 YJ d (36) 0'0 1,0 v..II: 4.14. (15) 9 to $ (6) OOc.,.0.4749552 d" F ,$(37 '9.es. ' //}��� u ) s a tit \4/ill ) 20�... (38) . 6 44 4.1. 719.q' ,. , e , 711 •D s in 04 6...E .6 (z,` o& 7I2 (7) bI •� a of �n 0. Jjd c 13z k�Mr �fb �',. ,7e.De' — ooc.w.4724n ) iii 7 / j 6, Ir ° (1e�e. 8 2.1'p� k:1� ary (84) -19 S' ,��y�' (0—Illo-2L— =a t57) cal 1 . ,11 •- y > �17 II :0 9 lilt �' 29) o0c.W.411946 _ 3 >8 s "^• F n [, (m (67 m 66t(6. • 270• 6Pa.l• sz 1°. , scam`-��0— • • SeD'S0.4ra y�, N'6.0,•! /2 1V SD N.D.NO.( 74Dc C"l 21 .. , •4.76.6L J f 11 - .�.�I••�r��._D•J 216. So-`'-'�' 64. q 1070'5 F •` I y R X Z // 4...1 n 4.. 2 M. 11 11 0. ,a 10 DI .j 4e 1 I' 4 (54r"/R (1) �L.1� %77 I imE` $ ,'±C. •- 4s, q�. e(�55; ( U d/ I6' 7 ( l?2 $U6 �� ,ir �y4 t tto (F:"�. ,.E 1 +61 .b.- . Q, `.. 142). A' le) * �152 ' Q) .yt j' `l' I 1 .• CO �, t 11ip 6,... ' 3 ,504 •,,`5•i ,. (]l a (55)�/ 04.14,, � n1 ;1c t' �I�i' i 31!i3,'i t c, (!e) �'. .6 \.3`ICj�.349�12,,))3;iy 133 98 4 (,, V5 M 5 7 ? c?6` - III , :. A b e . •• •.• ) (i3 / .-000S •~ @,q ti ,' �.' Y474 ' n a1 J. ' .��L �� .'rot r�. AN (2 \ B `.6 5•-w 1., . • •a.?r•., '^ (10) 't� J,(15; 47 ro ti,''.0 r,,,.q'.k, .1,, fil (7) •.'"' a.ci3l nzr6'y` 1411.17)./y7' - .:,, .� ,..4 (7) >z "3 .e 5 0 C.•-, Icf 18)�• .4 (7 •A .urr or p• • ' . _ '66.05• .66.05.%% i...os• 6i ,`5 ..., )�,,i•i,.._, 1. s� or. �'_v '6 e � A' 9 , i;:,. 4 , ilr,if, ' r ::.. .$4,-..,-,4,. .., ,....•....../ g., q8 ick li ' a, 1 Z tx:::,. IV.' n __, \ (6) i(...,,,.;-.'e.e. , - o hD` p�1Q1/,?,...,,,I.. .05 eJ j Plikit. 4t41. 18 a` b. r 1G a- -. I C 1• I 4 73 -33.„ 6.6 .1'*,et • 'ID NOIAND .`'::- :' a'' a z�. r �,e,�n _, • ; • uo 55- - ----�----i--.30 p..a. - ,.4 .. J 1a 5' ADDN •4-- a aL OSSt6� • 6G!5' 66 C 5' uJ'6G C.•.' r56 5 6' b5 6•' .1' J J 5 ,465.5' ,66 J.. 1 18 - 0 ,1 I 7 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 87-296 APPROVING PLANS AND SPECIFICATIONS FOR RED ROCK INTERCEPTOR SEWER IMPROVEMENTS WHEREAS, the Metropolitan Waste Control Commission has prepared plans and specifications for an interceptor sewer, within the corporate limits of Eden Prairie, commonly known as the Red Rock Interceptor; and seeks approval thereof; WHEREAS, the plans and specifications conform to the concept of a joint use (Commission interceptor sewer and local trunk sewer) facility which will be owned, operated and maintained the Commission; WHEREAS, the plans and specifications conform to the requirements of the Sewer Facility Agreement which was previously adopted. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That said plans and specifications are hereby approved. ADOPTED by the Eden Prairie City Council on November 3, 1987. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, City Clerk ?.l f MEMORANDUM TO: Bob Lambert, Director of Community Services FRDM: Barbara Penning Cross, Landscape Architect DATE: October 29, 1987 SUBJECT: Partial Payment for Grading Work at Homeward Hills Park, Willow Park and Eden Lake Park The grading contact at Homeward Hills is currently 80% completed. Subsurface grading for the entire area is complete and topsoil has been added to the areas around the building, the skating areas and out to the playing fields. Base rock has been added and final grading completed for the tennis courts, hard surface play area, parking lot, trails and plaza. During construction, staff encountered several areas which required extra work on the part of the Contractor. An existing buried culvert was removed and a new culvert was replaced. Poor soils were also corrected beneath a bituminous service road. These changes increased the amount of the contract from $72,983.64 to $78,927.64, or a $5,944 increase. A payment request is attached for $24,813.66, which is partial payment for the work completed to date. Eden Lake Park and Willow Park are also about 80% completed. Subsurface grading and topsoil placement are nearly finished at both parks. The ballfields at Eden Lake have been filled with aglime on the infields and the rock base has been added for the play surfaces and trails. Changes during construction also occurred at both Eden Lake and Willow Park. At Eden Lake the construction limits were expanded to accept additional play equipment and to cleanup some additional areas in the park. The increased cost for this was $5,927.16. The change at Willow Park resulted from soil boring tests. Soils were not sufficient for the parking lot or tennis courts without surcharge material. Common fill was delivered to the site at an additional cost of $13,622.6B. Another change at Willow Park resulted in a substantial savings for the City. - Approximately 30D0 cubic yards of topsoil were discovered on the site, eliminating the need for buying and transporting topsoil, saving the City $17,393.04. The sum of the changes for the grading contract at Eden Lake and Willow Park is a $2,156.80 increase, raising the contract amount from $71,906.34 to $74,063.14. A payment request is attached for $34,953.43, which is partial payment for work completed to date. BPC:md • CITY OF EDEN PRAIRIE ESTIMATE OF PAYMENT ON CONTRACT •******************************* Date: Estimate No: For Period to 10/6/87 1 From 8/6/87 9/15/87 Name and Nature of Project: Homeward Hills Parls I.C. K04 % Completed After this Estimate: 35 X ++F+F++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ORIGINAL CONTRACT AMOUNT $ 72,983.64 CHANGE ORDERS: No. Date Approved Additions Deductions 1 $ • 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ TOTAL ADDITIONS $ SUBTOTAL TOTAL DEDUCTIONS CONTRACT AMOUNT TO DATE 72,983.64 TOTAL COMPLETED TO DATE 26,119.64 MATERIAL STORED 0.00 TOTAL COMPLETED AND STORED 26,119.64 ' LESS RETAINAGE 5 X 1,305.98 TOTAL EARNED LESS RETAINAGE 24,813.66 +++++++444++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ LESS PREVIOUS ESTIMATES Est.No.1 Amount $ Eet.No.7 Amount $ Est.No.2 Amount $ Est.No.8 Amount S Est.No.3 Amount $ Est.No.9 Amount $ Est.No.4 Amount $ Est.No.10 Amount $ Est.No.5 Amount $ Est.No.11 Amount S Est.No.6 Amount $ Est.No.12 Amount $ TOTAL ESTIMATES $ AMOUNT DUE THIS ESTIMATE 824,813.66 ************ • ++++++++++++++t++++++++++++++++++++++++++++++++1•t-F++++++++++++++111111 I111++++ .� Payment requested this 6th day of Approved snd recommended for October , 198E payment this 6th day of Contractor October , 198 7 U W.J. Ebertz Co. Project Engj.neer , Address By: 810 So. McKnight Rd.,, tt.. Paul, MN 55119 By: ) '� y{�S('' / APPROVED: j/—/�- (.`/� i CHANGE ORDER #1 I.C. K04 Homeward Hills Park Improvements DATE; October 5, 1987 CONTRACTOR: W. J. Ebertz Co. 810 So. McKnight St. Paul, MN 55119 The following are changes made for work performed under this contract: NATURE OF CHANGES 1. Removal of existing temporary storm sewer culvert and installation of a 24 inch C.S.P. storm sewer culvert. This improvement was planned on a previous contract but its installation was delayed. Culvert needed to be installed before further park improvements were made. 2. Installation of geotextile fabric for use in subgrade correction under a portion of proposed bituminous service road. Recommendation was made in the field by soils consultant. ADJUSTMENTS TO CONTRACT COSTS: 1. Add the following quantities and costs to the contract: 24" CSP Culvert (including removal of existing pipe) 120 L.F. @ $32.20/L.F. - $3,864.00 Aprons 2 @ $145/Each - 290.00 Riprap - 200.00 SUBTOTAL $4,354.00 2. Add the following quantities and costs to the contract: Geotextile Fabric 318 S.Y. @ $5.00/S.Y. - $1,590.00 TOTAL $5,944.00 SUMMARY OF CONTRACT ADJUSTMENTS Contract Amount Prior to this Change Order $72,983.64 NET INCREASE Resulting from this Change Order $ 5,944.00 Current Contract Amount Including this Change Order $78,927.64 THE ABOVE CHANGES ARE APPROVED Engineer� G BCy of Eden Prairie Date(7 /9/7 Date CITY OF EDEN PRAIRIE ESTIMATE OF PAYMENT ON CONTRACT Date: Estimate No: For Period to 10/6/87 1 From 8/6/87 9/15/87 • Name and Nature of Project: Eden Lake School Park/Willow Park Improvements X Completed After this Estimate: 50 X +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ORIGINAL CONTRACT AMOUNT $ 71,906.34 CHANGE ORDERS: No. Date Approved Additions Deductions 1 $ 2 $ 1 3 $ 4 $ 5 $ 6 $ 7 $ TOTAL ADDITIONS $ SUBTOTAL TOTAL DEDUCTIONS CONTRACT AMOUNT TO DATE 71,906.34 TOTAL COMPLETED TO DATE 36,793.08 MATERIAL STORED 0.00 TOTAL COMPLETED AND STORED 36,793.08 LESS RETAINAGE 5 X 1,839.65 TOTAL EARNED LESS RETAINAGE 34,953.43 • LESS PREVIOUS ESTIMATES Est.No.1 Amount $ Est.No.7 Amount $ Est.No.2 Amount $ Est.No.8 Amount S Est.No.3 Amount $ Eat.No.9 Amount S Eet.No.4 Amount $ Est.No.10 Amount $ Eet.No.5 Amount $ Est.No.11 Amount $ Est.No.6 Amount $ Eet.No.12 Amount $ TOTAL ESTIMATES $ AMOUNT DUE THIS ESTIMATE $34,953.43 ************ ++++++++++++++++++++++++++++++++++++++++++++++++14++++++++++++++++11111IIt+i++ Payment requested this 6th day of Approved and recommended for October , 198_2_ payment this 6th day of Contractor October , 198 7 W.J. Ebertz Co. Projct En �1eer // `2,�f Address By: �,y�/ %�i�,�' 810 So. McKnight Rdad, St. Paul, MN 55119 /By: �- APPROVED: ( // v �-1 CHANGE ORDER 81 Eden Lake School Park I.C. KO1 Willow Park I.C. K10 DATE: October 5, 1987 CONTRACTOR: W. J. Ebertz Co. 810 So. McKnight St. Paul, MN 55119 The following are changes made for work performed under this contract: NATURE OF CHANGES: 1. Surcharging of proposed parking lot and tennis courts at Willow Park. Recommendation was made by soils constultant. 2. Expansion of grading limits and topsoil quantity at Eden Lake School Park to clean up some additional areas of the park. 3. Decrease in topsoil borrow quantity due to onsite topsoil salvage and usage. Onsite quantity not known prior to construction. ADJUSTMENTS TO CONTRACT COSTS: 1. Add the following quantities and costs to the contract: 3,511 C.Y. Common Fill @ 53.88/C.Y. _ $13,622.68 2. Add the following quantities and costs to the contract: 957 C.Y. Topsoil @ $5.88/C.Y. _ $ 5,627.16 100 L.F. Erosion Control @ $3.00/L.F. _ $ 300.00 Grading Limit Expansion Subtotal $ 5,927.16 3. Deduct the following quantities and costs to the contract: 2,958 C.Y. Topsoil Borrow @ $5.88/C.Y. _ $17,393.04 TOTAL = $ 2,156.80 SUMMARY OF CONTRACT ADJUSTMENTS Contract Amount Prior to this Change Order $71,906.34 NET INCREASE Resulting from this Change Order $ 2,156.80 Current Contract Amount Including this Change Order $74,063.14 THE ABOVE CHANGES ARE APPROVED BYgiEnneer. �6di.� By ty of Eden Prairie Date o c /2?7 Date Eden Prairie Auto Mall CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESDTA ORDINANCE ND. 49-87-PUD-12-87 AN DRDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FRDM ONE ZONING DISTRICT AND PLACING IT IN ANDTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADDPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL DF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly' initiated proposing that the land be removed from the Rural District and be placed in the Planned Unit Development 12-B7- Comnercial-Regional-Service District (hereinafter "PUD 12-87-Commercial-Regional- Service"). Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 3, 1987, entered into between Austin Companies and the City of Eden Prairie (hereinafter "Developer's Agreement") and that certain Supplement to Developer's Agreement between The Preserve of Eden Prairie, Inc., and the City of Eden Prairie (hereinafter "Supplement"). The Developer's Agreement and Supplement contain the terms and conditions of PUD 12-87-Commercial-Regional-Service, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 12-87-Commercial-Regional-Service is not in conflict with the goals of the Guide Plan of the City. B. PUD 12-87-Commercial-Regional-Service is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 12-87-Commercial-Regional- Service, are justified by the design of the development described therein. D. PUD 12-87-Commercial-Regional-Service is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. 4 Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 12-87-Commercial-Regional-Service District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of October, 1987, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 3rd day of November, 1987. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of • Exhibit A GUIDE PLAN AMENDMENT FROM NEIGHBORHOOD COMMERCIAL TO REGIONAL COMMERCIAL Lot 1 and 2, Block 1, Outlots A-D, THE PRESERVE COMMERCIAL PARK SOUTH, Henn. Co. MN., including road right-of-way. Also, R.L.S. 11394, Henn. Co. MN. P.U.D. CONCEPT AMENDMENT Lot 1 and 2, Block 1, Outlots A-E, THE PRESERVE COMMERCIAL PARK SOUTH, Henn. Co. MN. including road right-of-way. • ZONING FROM RURAL TO C-REG-SER That part of Outlot D, THE PRESERVE COMMERICAL PARK SOUTH, according to the recorded plat thereof, Hennepin County, Minnesota, lying northeasterly of the following described line: Corrmencing at the most easterly corner of said Outlot D; thence westerly along the south line of said Outlot D 189.18 feet to an angle point in the southeasterly boundary of said Outlot D; thence southerly along the west line of said Outlot D 200.00 feet to an angle point in said southeasterly boundary; thence westerly along the south line of said Outlot 0 195.09 feet to the point of beginning of the line to be described at an angle point in said southeasterly boundary; thence northwesterly to the most southerly corner of Outlot 8, said THE PRESERVE COMMERICAL PARK SOUTH, and said line there terminating. PRELIMINARY PLAT Outlot D, THE PRESERVE COMMERCIAL PARK SOUTH, Henn. Co. Mn. Eden Prairie Auto Mall DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1987, by Austin Companies, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Plan Amendment from Neighborhood Commercial to Regional Commercial on 15.3 acres, Planned Unit Development Concept Amendment on 23.6 acres, Zoning District Change from Rural to C-Regional-Service on 2.58 acres, with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 4.84 acres into oe lot and one outlot for construction of a auto mall, said 23.6 acres all situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and said acreage hereinafter referred to as "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #49-87-PUD- 12-87, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: { 1. Developer shall develop the property in conformance with the materials revised and dated September 25, 1987, reviewed and approved by the City Council on October 6, 1987, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of . all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit upon the property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Prior to issuance of any building permit upon the property, Developer agrees to submit to the Director of Planning, and to • obtain the Director's approval of the following: A. Plans detailing the exterior materials for the structure. Developer agrees that, because the property is part of the Commercial Planned Unit Development for this area, the brick used on the structure shall be the same color as the brick on the two existing uses to the west (restaurant and tire store). Developer further agrees that the glass used for the overhead garage door area shall be opaque and that the color of the glass shall be architecturally integral with the colors of the brick and cement plaster to be used on the structure. B. Samples of the exterior materials to be used on the structure, as described in 4.A. above. C. Plans detailing the overall lighting program for the property. Developer agrees that lighting standards shall be no greater than 20 ft. in height, and that downcast, cut-off luminars shall be used to avoid lighting off the property. D. Plans detailing the overall signage program for the property, including color(s) of materials to be used for signage and explicit information regarding any materials to be used for signage, or examples thereof. Developer has agreed that all letters shall be individually affixed, internally lit, and of consistent size, style, color and proportion. Upon approval by the Director of Planning, Developer agrees to construct those improvements listed above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 5. Developer shall notify the City and the Watershed District 48 hours prior to any grading on the property. 6. Developer agrees that, concurrent with building construction, Developer shall construct a five-foot wide, five-inch thick concrete sidewalk along the south side of Prairie Center Drive and along the east side of Joiner Way. Said sidewalks shall be constructed in accordance with the terms and conditions of Exhibit C, attached hereto. Eden Prairie Auto Mall OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1987, by and between The Preserve of Eden Prairie, Inc., a Minnesota corporation, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #49-87- PUD-12-87 changing the zoning of the property owned by Owner from the Rural District to the C-Regional-Service District, as more fully described in that certain Developer's Agreement entered into as of , 1987, by and between , and City, Owner agrees with the City as follows: 1. If , fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owner, its successors, heirs, and assigns of the property. 3. If the Owner transfers such property, Owner shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Carl J. Jullie, City Manager Eden Prairie Auto Mall CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-301 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 49-87-PUD-12-87 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 49-87-PUD-12-87 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 6th day of November, 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. 49-87-PUD-12-87 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. 49-87-PUD-12-B7 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on November 3, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Eden Prairie Auto Mall CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 49-87-PUD-12-87 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 DF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summaryy: This Ordinance allows rezoning of land located south of Prairie Center east of Joiner Way from the Rural District to the PUD-12-87- Commercial-Regional-Service District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the _day of , 1987. (A full copy of the text of this Ordinance is available from the City Clerk.) �L2� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 87-298 A RESOLUTION APPROVING THE MARRIOTT COURTYARD PLANNED UNIT DEVELOPMENT CONCEPT AMENDMENT TO THE OVERALL SOUTHWEST CROSSING PLANNED UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) of certain areas located within the City; and, WHEREAS, the Marriott Courtyard development is considered a proper amendment to the overall Southwest Crossing Planned Unit Development Concept; and, WHEREAS, the City Planning Commission did conduct a public hearing on the request of Marriott Corporation for PUD Concept Amendment approval to the overall Southwest Crossing Planned Unit Development Concept for the Marriott Courtyard development and recommended approval of the PUD Concept Amendment to the City Council; and, WHEREAS, the City Council did consider the request on November 3, 1987: NOW, THEREFORE, BE IT RESOLVED, by the City Council of Eden Prairie, Minnesota, as follows: 1. The Marriott Courtyard development PUD Concept Amendment, being in Hennepin County, Minnesota, and legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept Amendment approval to the overall Southwest Crossing Planned Unit Development Concept as outlined in the application materials for Marriott Courtyard. 3. That the PUD Concept Amendment meets the recommendations of the Planning Commission dated October 26, 19B7. ADOPTED by the City Council of Eden Prairie this 3rd day of November, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk { c CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #87-299 RESOLUTION APPROVING THE PRELIMINARY PLAT OF MARRIOTT COURTYARD FOR MARRIOTT CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Marriott Courtyard for Marriott Corporation, dated September 14, 1987, consisting of 13.94 acres into three lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 3rd day of November, 1987. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk . G 3°' ( ( STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, Senior Planner THROUGH: Chris Enger, Director of Planning DATE: October 9, 1987 PROJECT: Marriott Courtyard Hotel LOCATION: East of U.S. #169, north of 1-494, west of Prairie Center Drive, south of Viking Drive APPLICANT: Marriott Corporation • FEE OWNER: Vantage Companies REQUEST: 1. Planned Unit Development Concept Amendment on 109.68 acres. 2. Planned Unit Development District Review on 109.68 acres with variances for height and FAR. 3. Zoning District Change from C-Regional Service on 4.2 acres. 4. Preliminary Plat of 13.94 acres into three lots for the construction of a 149-room hotel. /, Background \ i OFC ` , // k EG- E r� This site is currently guided ono r E Regional Commercial. The 1985 ` ��y approved Planned Unit Development ��,6�\ �� (PUD) designated this site for a ((((���� 150,000 square foot, seven-story � � / (I office building. The 1987 revised GREG .1 ice PUD designated this site for a 146- room hotel. Site Plan — y. 41" • , The site plan depicts the con- / struction of a three-story, 149-room �� �� ^•+i courtyard hotel at an overall Floor • �, � -: alP%% ��` Area Ratio (FAR) at 0.44. The 7 PROPOSED SITE - .'.:l%% commercial regional service zoning i• %i? \ district currently `�. k,.� `�permits a maximum � �- Floor Area Ratio of 0.4. The proponents are asking for an FAR • �EG�E �� OF, � i■nlll�' ' \ .r variance through the PUD District :: ,-` I 11. Review. Though the variance is 1 •" G-SE 3 ` l6/i1 I. AREA LOCATION MAP '( j: (" Marriott Courtyard Hotel 2 October 9, 1987 above Code, it is consistent with the revised 1987 PUD. Building and parking areas meet the setback requirements for commercial regional service zoning. The amount of parking required is 209. The site plan and proof-of-parking plan depict a total of 209 parking spaces. Access to this site is by two driveways off Viking Drive. The easterly driveway will be a shared access with a future 250-room hotel to the east of the site. The westerly driveway cannot be shared with the restaurant sites to the west because of a grade change. The access to the restaurant sites will be required to line up directly opposite the access into the Crossroads Retail Center. Architecture The proponents are requesting through the PUD District Review a variance from the City Code which requires that 75% of the buildings exteriors must be constructed out of brick, glass, or better materials. Staff has indicated to the developer at the beginning of the review process that a request for variance has not been substantiated and that the plans should be revised to meet minimum ordinance requirements. In addition, the Staff has discussed with the developer the need for architectural changes for the front and rear elevations which face Viking Drive and I-494. To help break up the building mass and add detail to a plain exterior we have suggested that the front elevation facing Viking Drive should expand on the use of columns at the front entry across the front face of the building, and incorporate different colors and/or brick detailing patterns. For the building elevation which faces I-494, it was recommended that different brick colors and/or brick detailing would be helpful. At this point, the plans as proposed, do not meet the City Code requirement for exterior materials and the building exterior elevations need to be revised to help break up the flatness and massiveness of the walls facing Viking Drive and I-494. No provisions have been made for the screening of rooftop mechanical units. Any mechanical units which are visible shall be screened in a manner architecturally integral with materials on the building. The proponents are requesting, through the PUD District Review, a height variance to 45 feet. The C-Regional-Service zoning district currently permits a maximum building height of 40 feet. Though taller buildings have been approved in the Major Center Area (MCA) and on adjacent sites in Southwest Crossing, approval of height variance should be predicated upon compliance with the exterior building requirments of the City Code and the revisions in the architecture and building materials as noted above in this section. The 1985 PUD required that the proponent submit a design framework manual for the commercial portion of the 106-acre PUD. The purpose of the design framework manual was to create a planned environment with common exterior materials, signage, lighting, color, plant materials, and pedestrian systems, to tie the area together. In the absence of such a framework, the review for compatibility among-Uses is on a site by site basis with the first building setting the tone. The Southwest Crossing I building and Crossroads Retail Center have an influence on this site. Prior to review by the City Council, the proponent should provide a design framework manual for Staff review. Grading This site had been previously graded as part of the 1976 Condon-Naegele PUD. Additional grading will be required on this site to accommodate the building pad. J C Marriott Courtyard Hotel 3 October 9, 1987 There is a 30-foot vertical drop from the west to the east on-site and must be level to accommodate the hotel. Approximately 50,000 yards of excess dirt would be generated. Landscaping The landscape requirement for this project will be based on a caliper inch for the size of the building, screening of loading areas, and screening of parking areas. The landscape plan meets the caliper inch requirement per Code. Parking areas are screened from I-494 with plantings and berming. Loading areas are proposed to be screened with a brick wall. Traffic The amount of traffic generated from this site is consistent with the BRW Major Center Area Study and the 1987 Southwest Crossing Revised PUD, including a 20% reduction in traffic. Since the intersection of Viking Drive and Prairie Center Drive currently meet signal warrants, a signal should be installed concurrent with this hotel by the developer. Utilities All utilities are available to this site including sanitary sewer, water, and storm sewer. Pedestrian Systems There is an existing 5-foot wide concrete sidewalk along Viking Drive. There should be an internal 5-foot wide concrete sidewalk connection between the building and the sidewalk along Viking Drive. STAFF RECOMMENDATIONS The Planning Staff presents the following alternative courses of action for Commission consideration: Alternative #1 The Commission may choose to recommend approval of the request for Planned Unit Development Concept Amendment, Planned Unit Development District Review, with variances for height and FAR, Zoning District Change from C-Regional to C-Regional Service and a Preliminary Plat of 13.94 acres into three lots, based on the recommendations in the Staff Report dated October 9, 1987, and based on plans dated September 11, 1987, and subject to the following recommendations: 1. Prior to City Council review, proponent shall: A. Modify the exterior building elevations, provide additional detail to break up the flatness of the buildings on the front elevation and provide additional detail and color and building materials for the front and rear elevations. Revise the exterior building elevations to demonstrate compliance with the 75% face brick, glass, or better requirement of the City Code. 1 Marriott Courtyard Hotel 4 October 9, 1987 B. Submit samples of all exterior building materials for Staff review. C. Provide details of the signage program for review. D. Provide a lighting plan with details for review. The lighting standards shall be consistent with those of Southwest Crossing and the Crossroads Retail Center. E. The proponent should submit, for Staff review, a design framework manual outlining the standards for such common elements as architecture, exterior materials, site planning, signage, lighting, landscaping, access, and plant materials. F. Modify the site plan to depict an internal five-foot wide concrete sidewalk connection between the building and existing sidewalk on Viking Drive. 2. Prior to Final Plat approval, proponent shall: A. Submit detailed storm water run-off, utility, and erosion control plans for review by the City Engineer. B. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. 3. Prior to Building permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. B. Submit an overall lighting plan with details for review. C. Submit an overall signage plan with details for review. D. Submit samples of all exterior building materials for review. 4. The developer shall be responsible for the installation and construction cost of signals at the intersection of Prairie Center Drive and Viking Drive. Alternative #2 The Planning Commission may wish to consider returning the development plans to the proponent for revisions in the building architecture relative to exterior materials and design and for the preparation of a design framework manual. Alternative #3 The Planning Commission may choose to recomnend denial of the request as submitted. Staff recommends Alternative #2. MINUTES EDEN PRAIRIE PLANNING COMMISSION Tuesday, October 13, 1987 City Council Chambers 7:30 PM MEMBERS PRESENT: Acting Chairman Julianne Bye, Richard Anderson, Douglas Fell, Charles Ruebling MEMBERS ABSENT: Chairman Ed Schuck, Robert Hallett, Christine Dodge STAFF PRESENT: Chris Enger, Director of Planning; Don Uram, Assistant Planner; Sue Anderson, Recording Secretary Pledge of Allegiance - Roll Call I. APPROVAL OF AGENDA MOTION: Motion was made by Fell and seconded by Ruebling to approve the agenda as printed. Motion carried 4-0-0. II. MEMBERS REPORTS None III. MINUTES 4 MOTION Motion was made by Ruebling and seconded by Fell to approve the minutes of the September 28, 1987 Planning Commission meeting as presented. Motion carried 4-0-0 IV. DEVELOPMENT PROPOSALS A. MARRIOTT COURTYARD, by Marriott Corporation. Request for Planned Unit Development Concept Amendment on 109.68 acres, Planned Unit Development District Review on 109.68 acres, with variances, Zoning District Change from C-Regional to C- Regional-Service on 4.2 acres, Preliminary Plat of 13.94 acres into 3 lots for construction of a 149-room hotel. Location: East of U.S.Highway #169, north of I-494, west of Prairie Center Drive, south of Viking Drive. A public hearing. Dale Beckman, representing the proponent, presented original architectural renderings and explained verbally the revisions for approval as follows: 1. Three-story, 149-room courtyard hotel with overall FAR of 0.44. ,:7?f4 1. Eden Prairie Planning Commission----Oct. 13, 1987 Page 2 2. Building and parking areas that meet the setback requirements for commercial regional service zoning; along with proof of parking plan totaling 209 parking spaces. 3. Road access by two driveways off Viking Drive. The easterly driveway will be shared access with a future hotel to the east of the site. The westerly driveway cannot be shared with the restaurant sites to the west because of a grade change. The access to the restaurant sites will be required to line up directly opposite the access into the Crossroads Retail Center. 4. Revision of exterior materials to be 85% brick around the outside perimeter to meet minimum ordinance requirement. Building exterior elevation revisions to break up flatness and massiveness of the walls facing Viking Drive and I-494. 5. Request height variance to 45 feet. The C-Regional Service zoning district permits a maximum building height of 40 feet. 6. Lighting similar in nature to that used at the Crossroads Retail Center. 7. Parking areas screened from I-494 with plantings and berming, smaller berming along Viking Drive, and loading areas are proposed to be screened with a brick wall. Director of Planning Chris Enger had met with the proponents and agreed on revisions but architectural drawings were not yet completed. This was cause for concern as the Commission has no 3i massing model which would help them feel confident the revisions would indeed meet code. Director Enger, referring to staff report dated October 9th, detailing recommendations to meet Code requirements, stated he was comfortable with the progress after visiting the Marriott in Mendota Heights and has a better understanding of Marriott's intentions. The visit aided in visualizing the courtyard and outer exterior. Director Enger stated he was comfortable with revisions to exterior (85% brick) and building elevations which now provides depth as well as screen wall to generate relief. Kelly Doran, Marketing Representative for Vantage, expressed the hope that the design framework for the Marriott could be approved without the manual being completed by Vantage. Design framework manual, a project required by Vantage Companies, was not submitted. It would take two to three months for Vantage to produce this, even though it was required two projects ago. The design framework manual was to create a planned environment with common exterior materials, signage, lighting, color, plant materials, and pedestrian systems, to tie the area together. In the absence of such a framework, the review for compatibility among uses is on a site by site basis with the first building setting the tone. The Southwest Crossing I building and Crossroads Retail Center, therefore, have an influence on this site. 73� Eden Prairie Planning Commission----Oct. 13, 1987 Page 3 Doran requested of the Commission to not bind the design framework manual with the Marriott proposal and delay the Marriott. He felt it was two different issues. Director Enger stated without a manual the color, roof pitch, signage, lighting, etc., would have to be reviewed independently for each individual development proposal. Frank Kutlak, Design Manager of proponent, stated Marriott's lighting policy is one candle per foot throughout. Director Enger responded that the proposed does not address the issue of light color, whereby some are yellow glow, blue (mercury vapor) , orange, or soft yellow. Commissioner Fell observed that without the manual each development proposal opens another can of worms. When should this have been done? If Commission does have this would other projects be required to comply with Crossroads No. 1 and the Tech Building? Director Enger responded that it was required in the Development Agreement, personnel changed and it slipped through the cracks and was never completed. Commissioner Anderson concerned with parking problems in future asked proponent that as reduction in parking toward the east becomes a problem will this perpetuate another variance. Director Enger responded that hotels and motels have a smaller amount required for parking and green space is greater than commercial building which does create a balance. Proponent responded if this site setback easement line cuts through site plan that has been prepared altering the corner of the building, they would have to come back and ask for a variance. Commissioner Fell inquired of proponent whether unusual security problems were evident with courtyard. Proponent produced pass card keys that are used by guests of the hotel to enter the courtyard area so general public cannot access the area. Also regarding lighting in the courtyard, proponent stated lighting is not bright. It is a relaxed atmosphere, contour sidewalks, the gazebo is lighted and there are spot lights off 16 balconies overlooking courtyard. i! Commissioner Fell inquired about snow removal as the courtyard c is not enclosed. Proponent responded that there is a drainage system, and 60% of courtyard is sod, so they foresee no problem r with snow removal. Commissioner Ruebling requested a rendering showing rooftop insert. The present rendering does not show height of equipment and screening material. Proponents responded that they will indicate with dotted lines the elevation of mechanical equipment. Eden Prairie Planning Commission----Oct. 13, 1987 Page 4 Commissioner Ruebling further commented that to have the Marriott in Eden Prairie is a marvelous idea. However, by making the plat smaller, it appears there is a lot being placed on this piece of property - it struck him as too much in a tight area. Director Enger interjected that the major issue was the brick and proponents have revised the exterior to comply with City Code. The manual would deal with the small details which have not been rung out; but the major items have been dealt with by Marriott Corporation. Acting Chairman Bye stated good discussion had evolved on this proposal but without manual its hard to review lighting, screening, etc. However, Marriott should not be delayed resolving some of these issues before the Commission passes this on to City Council for approval. Proponent Beckman stated they have worked diligently in making revisions for the Commission. The lighting will match other fixtures in area. They will provide rooftop screening and have worked closely with staff making the development changes. It has been done in good faith, and they are running behind time coming before City Council in December and requested that the Commission not delay approval but approve with conditions and recommenda- tions to provide items needed. Director Enger stated all major items have been taken care of. Perhaps they could approve with stipulation that they return to Planning Commission with necessary presentation material in order to keep them on their time schedule. • Commissioner Anderson responded that it concerned him that the manual was overlooked and Marriott would be held up. Eden Prairie wants a hotel and restaurant and the Commission should back them up as soon as possible and not down the road. Everyone has a timetable and developers who come before Commission and have not provided what the Commission needs to make a sound decision and then say they have a timetable, makes Commission decisions difficult. If proponent representatives do not have time for the creation of the manual, perhaps an analysis of the need, an outline is necessary at this time. Perhaps a two page description of lighting, color compatibility, etc. Commissioner Ruebling asked proponent to come back with Design Framework Manual Outline, Massing Model, and Architectural Rendering showing revisions and rooftop mechanical specifications. Commissioner Fell remarked that when proponent balks at extra time, it runs a flag up saying this is a hurry-up project. This should all have been ready ahead of time so the Commission can operate efficiently. James Southwick, Regional Vice President for Development for proponent, stated they have worked closely with Eden Prairie staff to design the building to the level that it meets minimum details. Many delays have been encountered already, and all Eden Prairie Planning Commission----Oct. 13, 1987 Page 5 items have been addressed and solved. Everything, other than providing graphic form, has been presented. They did not anticipate changes required thereby causing the time crunch. Acting Chairman Bye stated that the Commission represents the people. Proponents were asking the Commission to base decisions and vote on something they cannot see so as not to delay their timetable. We stated that the Commission takes their role seriously. They cannot review what they cannot see. Director Enger proposed that Planning Commission delay recommenda- tion to City Council until presentation of massing model and architectural rendering are complete, and proponent presents said material at November 16th meeting; but keep them on schedule with the City Council. Commissioner Ruebling stated there is a mutual agreement on concept but the Commission does not see it; timetables are always present. Kelly Doran, Vantage representative, again requested that Commission not tie the manual to the Marriott proposal. Planning Commission understands the manual will take time as it goes back and forth from Vantage to staff but did request an outline version of design framework manual (minimum two pages) to guide Commission's approval on Marriott. Acting Chairman Bye requested a motion on this proposal. MOTION: Motion was made by Commissioner Fell, seconded by Anderson to continue Marriott Development Proposal until October 26th, to allow proponent time to provide and present an outline of Design Framework Manual to advise this project and to guide City Council, Massing Model, and Architectural Rendering indicating all revisions and rooftop mechanical screening specifications. Further, that staff be directed to publish this item for the November 3, 1987 Council Meeting for public hearing. Motion Carried 4-0-0 V. OLD BUSINESS None VI. NEW BUSINESS Chair asked that staff thank Ann Kenyon for her work as recording secretary and wish her well in her future endeavors. Also thank Kate for her assistance in the past. A. Landscape Ordinance The Board of Appeals recently interpreted the Ordinance to allow plant material to be utilized on the ground to screen rooftop mechanical equipment. Since the Ordinance has been NOVEMBER 3,1987 37580 VOID OUT CHECK 35.00- 37989 VOID OUT CHECK 285.00- 38023 VOID OUT CHECK 73086.29- "132 VOID OUT CHECK 20901.87- 69 VOID OUT CHECK 662.74- 3d077 VOID OUT CHECK 135.00- 38080 VOID OUT CHECK 2750.00- 38086 VOID OUT CHECK 64.40- 38125 VOID OUT CHECK 645.12- 38268 QUARANTY TITLE INC HOUSING PROGRAM - CDBG FUND 22200.00 38269 MINNESOTA DEPT OF JOBS & TRAINING PAYROLL 10/16/87 1130.58 38270 MINNESOTA GAS CO SERVICE 202.42 38271 NORTHERN STATES POWER CO SERVICE 779.77 38272 NORTHWESTERN BELL TELEPHONE CO SERVICE 3942.42 38273 PEGGY KLINEFELTER REFUND - SKATING LESSONS 10.80 38274 JUSTIN PETERSON REFUND - SWIMMING LESSONS 16.50 38275 JOY JOHNSON REFUND - AQUA AEROBICS 18.00 38276 DEBRA VAN RAVENHORST REFUND - AQUA AEROBICS 18.00 38277 EVA HIRT REFUND - ADULT PROGRAMS 50.00 38278 MAGDALEN MILLER REFUND - ADULT PROGRAMS 50.00 38279 CAROL DOLLY REFUND - ADULT PROGRAMS 6.50 38280 DIANE DEPOE REFUND - ADULT PROGRAMS 25.00 38281 KRISTI THOMPSON REFUND - ADULT PROGRAMS 25.00 38282 VIOLET LAPPIN REFUND - ADULT PROGRAMS 25.00 38283 ROBERTA SCHILLING REFUND - ADULT PROGRAMS 25.00 38284 MARLENE DVORAK REFUND - ADULT PROGRAMS 25.00 38285 CARMELA LAUSENG REFUND - ADULT PROGRAMS 25.00 38286 ROBIN ABRAHAM REFUND - SWIMMING LESSONS 20.00 38287 AMERICAN FORESTRY ASSOCIATION DUES - FORESTRY DEPT 24.00 18 BRYAN ROCK PRODUCTS INC BLACKTOP - STREET DEPT/PARK DEPT 622.73 ,,_ .J9 CROWN AUTO INC -SUPPLIES-POLICE DEPT/EQUIPMENT PARTS- 43.40 STREET MAINTENANCE 38290 COMMISSIONER OF REVENUE SEPTEMBER 87 SALES TAX 20282.36 38291 COMMISSIONER OF REVENUE SEPTEMBER 87 FUEL TAX 314.16 38292 CREATIVITY NO LIMITS INC -SPEAKER FOR MUNICIPALS BANQUET - 375.00 OCTOBER 20 1987 38293 AT & T COMMUNICATIONS SERVICE 119.91 38294 AT & T INFORMATION SYSTEMS SERVICE 588.41 38295 AT&T CONSUMER PRODUCTS DIV SERVICE 87.50 38296 NORTHWESTERN BELL TELEPHONE CO SERVICE 790.17 38297 BELLBOY CORPORATION LIQUOR 3044.88 38298 CAPITOL CITY DISTRIBUTING CO WINE 90.68 38299 EAGLE WINE CO WINE 1194.54 38300 GRIGGS COOPER & CO INC LIQUOR 8643.70 38301 JOHNSON BROS WHOLESALE LIQUOR LIQUOR 10407.82 38302 ED PHILLIPS & SONS CO LIQUOR 9951.05 38303 PRIOR WINE CO WINE 1681.12 38304 QUALITY WINE CO LIQUOR 5514.33 38305 MINNESOTA REC & PARK ASSOC REGISTRATION FEES 190.00 38306 CITY OF EDEN PRAIRIE EXPENSES - MUNICIPALS DINNER 313.50 38307 FIRST TRUST CENTER SERVICE 32175.00 38308 U S POSTMASTER POSTAGE - CITY HALL 22.00 38309 NORWEST BANK MPLS NA BOND PAYMENT 646477.41 38310 NORTHERN STATES POWER CO SERVICE 14487.30 33'11 FEDERAL RESERVE BANK PAYROLL 10/16/87 44245.96 73171650 NOVEMBER 3,1987 38312 COMMISSIONER OF REVENUE PAYROLL 10/16/87 11643.43 38313 GREAT WEST LIFE ASSURANCE CO PAYROLL 10/16/87 4459.00 38314 ICMA RETIREMENT CORP PAYROLL 10/16/87 983.48 '15 P E R A PAYROLL 10/16/87 90.00 ,16 P E R A PAYROLL 10/16/87 22745.44 38317 UNITED WAY OF MPLS PAYROLL 10/16/87 158.88 38318 NORWEST BANK HOPKINS PAYROLL 10/16/87 800.00 38319 CITY-COUNTY CREDIT UNION PAYROLL 10/16/87 705.13 38320 OLD LOG THEATRE SENIOR CENTER/FEES PAID 312.50 38321 FIVE STAR CONSTRUCTION BUILDING REMODELING - CITY HALL 2500.00 38322 NORTHERN STATES POWER CO SERVICE 4712.59 38323 NORTHWESTERN BELL TELEPHONE CO SERVICE 160.14 38324 DEPT OF AGRICULTURE FOOD HANDLERS APPLICATION - LIQUOR STORE 50.00 38325 EAGLE WINE CO WINE 1591.45 38326 GRIGGS COOPER & CO INC LIQUOR 3214.89 38327 PRIOR WINE co 779.53 38328 ED PHILLIPS & SONS CO LIQUOR 3911.18 38329 QUALITY WINE CO WINE 3456.75 38330 JOHNSON BROS WHOLESALE LIQUOR LIQUOR 3568.20 38331 CAPITOL CITY DISTRIBUTING CO WINE 244.70 38332 MINNESOTA UC FUND PAYROLL 10/16/87 2899.81 38333 PER A PAYROLL 10/16/87 221.40 38334 DEPT OF NATURAL RESOURCES -PERMIT APPLICATION FEE - RILEY LAKE 50.00 EXPANSION 38335 KNOX LUMBER CORDLESS DRILL - PARK MAINTENANCE 110.00 38336 DUCKS UNLIMITED INC FILM RENTAL- 0)MIMUNITY CENTER 19.50 38337 ROGER FLYER CONCERT-HALLOWEEN PARTY-COMMUNITY SERVICES 150.00 38338 A 10 Z RENTAL CENTER EQUIPMENT RENTAL - PARK MAINTENANCE 35.00 38339 ACRO-MINNESOTA INC OFFICE SUPPLIES - CITY HALL 10.26 '0 AMERICAN EQUIPMENT COMPANY INC REPLACE COMPRESSOR ON STORAGE TANK 1500.00 j,..,41 AMERICAN SCIENTIFIC PRODUCTS LAB SUPPLIES- WATER DEFT 38342 AMEX TIRE TIRE DISPOSAL - 50.72 EQUIPMENT MAINTENANCE 506.00 38343 EARL F ANDERSON & ASSOC INC SIGNS - STREET MAINTENANCE 1140.00 38344 CAROLYN MAE ANDERSON EASEMENT-CHAIN OF LAKES DRAINAGE 8000.00 38345 AQUA ENGINEERING INC POLY PIPE - PARK MAINTENANCE 32.25 38346 ASSOCIATED ASPHALT INC -BLACKTOP/BLACK DIRT-STREET MAINTENANCE/ 10004.02 DRAINAGE CONTROL/PARK MAINTENANCE 38347 ASTLEFORD INTL INC OIL SENDER-EQUIPMENT MAINTENANCE 50.60 38348 AUTO CENTRAL SUPPLY -REDUCER/PRIMER/CONVERTER/SPRAYER/POWER 179.02 UNIT - EQUIPMENT MAINTENANCE 38349 B & B SUPPLY CO -MATT/MATT STAND/ARROWS-SPORTS/SPECIAL 136.91 CAMPS 38350 BALLONS 'N STUFF FIRE PREVENTION SUPPLIES - FIRE DEFT 913.50 38351 BATTERY& TIRE WAREHOUSE INC -ROTOR/HUB/BEARINGS/CLAMPS/WHEEL-EQUIPMENT 452.58 MAINTENANCE 38352 LISA BECK SUPPLIES - COMMUNITY CENTER 8.50 38353 BLACK'S PHOTOGRAPHY -FILM PROCESSING/FILM-FORESTRY DEFT/POLICE 299.69 DEFT/PLANNING DEFT/COMA1UNiTY CENTER 38354 SAM BLOOM IRON & METAL CO INC EQUIPMENT PARTS-EQUIPMENT MAINTENANCE 90.69 38355 BLOOMINGTON LOCK & SAFE KEYS-CITY HALL 15.50 38356 CITY OF PLOOMINGTON ANIMAL IMPOUND SERVICE - SEPTEMBER 87 772.50 38357 BLUMBERG COMMUNICATIONS INC CASSETTE - FORESTRY DEFT 6.15 38358 LOIS BDETTCHER -SERVICE - PARK & RECREATION COMMISSION 67.81 MEETING 39"59 RICK BOLONCHUK SERVICE - COMMUNITY SERVICES ' 400.00 9420970 1 NOVEMBER 3,1987 38360 LEE M BRANDT HOCKEY OFFICIAL/FEES PAID 264.75 38361 BRAUN FNG TESTING INC -SERVICE-HOMEWARD HILLS RD/VALLEY VIEW RD/ 7611.60 -BAKER RD TO ROWLAND RD/SUNNYBROOK & NEMEC HILLS ,62 BROADWAY EQUIPMENT CO CAR WASH POWDER-FIRE DEPT 114.40 38363 DAVID BROWN FOOTBALL OFFICIAL/FEES PAID 38364 PAUL BROWN FOOTBALL OFFICIAL/FEES PAID 45.00 15.00 38365 NATHAN BUCK FOOTBALL OFFICIAL/FEES PAID 38366 BUSINESS RECORDS CORPORATION 1986 ELECTION PROGRAMS 203.00 38367 CARLSON REFRIGERATION CO INC EQUIPMENT REPAIR& PARTS-LIQUOR STORE 999.00562.85 38368 WALLACE W CARLSON COMPANY PRINTING SUMMER BROCHURE-COMMUNITY CENTER 150.00 38369 CARLSON TREE SERVICE TREE REMOVAL - FORESTRY DEPT 1430.00 38370 CITY OF CHASKA SERVICE - COMMUNITY SERVICES 28.00 38371 CITICORP INDUSTRIAL CREDIT NOVEMBER 87 MAINTENANCE AGREEMENT 656.81 38372 CLUTCH& U-JOINT BURNSVILLE INC -GEAR/SHAFT/RAIL/BUSHING/BEARINGS- 1445.59 EQUIPMENT MAINTENANCE 38373 COMMISSIONER OF TRANSPORTATION SERVICE - TRAFFIC SIGNALS AT 169 407.35 38374 COMMISSIONER OF REVENUE SPECIAL FUEL TAX LICENSE FEE-STREET DEPT 10.00 38375 CONCRETE RAISING INC CURBING-NEIL LAKE RD-DRAINAGE CONTROL 450.00 38376 SPENCER L CONRAD EXPENSES - FIRE DEPT 47.24 38377 COPELAND-MITHUM BLARS REFUND - WATER METER DEPOSIT 236.65 38378 CORPORATE RISK MANAGERS INC -SEPTEMBER & OCTOBER 87 INSURANCE 910.00 CONSULTANT 38379 CITY OF CRYSTAL REFUND - MUNICIPALS BANQUET 37.90 38380 CRYSTAPLEX PLASTICS INC PLERIGLASS-ICE ARENA 614.00 38381 CULLIGAN SERVICE 38382 CUTLER-MAGNER COMPANY 52.60 QUICKLIME - WATER PLANT 5047.81 38383 CUSTOM AUTOBODY PAINT/REPAIR BLAZER-FIRE DEPT 1426.55 38384 CURTIS INDUSTRIES -LUBRICANT/GREASE/PAINT STRIPPER/ 191.79 SCREWDRIVER - WATER SYSTEM MAINTENANCE _,85 DALCO CLEANING SUPPLIES-COMMUNITY CENTER 154.35 38386 WARD F DAHLBERG EXPENSES - LIQUOR STORE 80.00 38387 CRAIG W DAWSON CONFERENCE -ASSISTANT MANAGER 25.20 38388 LORI DAY SUPPLIES/MILEAGE - HUMAN RESOURCES 56.61 38389 DEM CON LANDFILL INC -WASTE DISPOSAL SERVICE - STREET DEPT/ 440.00 PARK DEPT 38390 EUGENE DIETZ OCTOBER 87 EXPENSES 272.00 38391 DIXIE PETRO-CHEM INC CHLORINE-WATER DEPT 779.00 38392 JENNIFER DRESSER SUPPLIES/EXPENSES-COMMUNITY CENTER 115.13 38393 DRISK]LLS SUPER VALU SUPPLIES - FIRE DEPT 77.80 38394 DYNA SYSTEMS SHOOTER/NUTS/WASHERS/TAPE/BIN-WATER DEPT 4 38395 EAGLE SNACKS INC SUPPLIES - LIQUOR STORE 742.24 38396 IDEN PRAIRIE CHAMBER OF COMMERCE EXPENSES-MANAGER/ASSISTANT MANAGER 24.00 38397 IDEN PRAIRIE FIRE DEPT EXPENSES & SUPPLIES- FIRE DEPT 297.00 38398 EDEN PRAIRIE FIREFIGHTERS RELIEF 1987 CITY'S SHARE OF FIRE RELIEF FUND 38403.00 38399 IDEN PRAIRIE HISTORICAL SOCIETY HISTORICAL SOCIETY MUSEUM RENOVATION- 800.00 j 38400 IDEN PRAIRIE LIQUOR WINE - MUNICIPALS BANQUET 124.00 38401 CITY OF EDINA SEPTEMBER 87 WATER TESTS 192.00 38402 ELVIN SAFETY SUPPLY INC SAFETY SUPPLIES - WATER DEPT 89.95 38403 EMI INCORPORATED SHAFT/TURBINE ASSEMBLY-WATER DEPT 38404 ESS BROTHERS & SONS INC COVER/RINGS-SEWER DEPT 1265.40 38405 JOHN FARBER TENNIS INSTRUCTOR/FEES PAID 668.00 38406 FEDERAL LICENSING JV FCC RULES BOOK-WATER DEPT 91.00 38407 FINANCIAL FORMS & SUPPLIES INC SUPPLIES - FINANCE DEPT 15.00 v 18 FLEET MAINTENANCE INC CAT ENGINE CORE-EQUIPMENT MAINTENANCE 39.80 319.75 bd29857 1 NOVEMBER 3,1987 38409 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORE 581.80 38410 JOHN FRANE SEPTEMBER 87 EXPENSES 660.00 38411 G L CONTRACTING INC SERVICE - DRAINAGE CONTROL - MITCHELL RD 832.50 ""412 GAB BUSINESS SERVICES INC LIABILITY INSURANCE 1146.04 13 DARRELL GEDNEY HOCKEY OFFICIAL/FEES PAID 165.00 38414 GENERAL COMMUNICATIONS INC RADIO REPAIR-FIRE DEPT/WATER DEPT 228.13 38415 GOPHER OIL COMPANY HYDRAULIC OIL-WATER DEPT 32.15 38416 GOODYEAR TRUCK TIRE CENTERS 64 TIRES-EQUIPMENT MAINTENANCE 6283.62 38417 W W GRAINGER INC -SHELF KITS/DIVIDER KIT/EQUIPMENT PARTS- 24.84 WATER DEPT 38418 MICHAEL GROH SEPTEMBER 87 CONSULTING SERVICE 2262.98 38419 HARDRIVES GRAVEL-STREET MAINTENANCE/EDEN VALLEY PARK 1260.53 38420 HARMON GLASS WINDSHIELD REPAIRS-EQUIPMENT MAINTENANCE 261.03 38421 JIM HATCH SALES 00 SPADE-PARK MAINTENANCE 24.15 38422 HENNEPIN COUNTY TREASURER -WASTE DISPOSAL/EQUIPMENT RENTAL-FORESTRY 3797.05 DEPT 38423 HENNEPIN COUNTY TREASURER SERVICE-PLANNING DEPT 562.00 38424 HENNEPIN COUNTY TREASURER POSTAGE-VOTER REGISTRATION VERIFICATION 28.84 38425 HI FI SOUND ELECTRONICS TAPES-PLANNING DEPT 16.50 38426 JACK HOENE HOCKEY OFFICIAL/FEES PAID 141.00 38427 HOFFERS INC PAINT-PARK MAINTENANCE 264.10 38428 MICHAEL J HOSTETLER HOCKEY OFFICIAL/FEES PAID 181.50 38429 IBM NOVEMBER 87 MAINTENANCE AGREEMENT-CITY HAL 217.00 38430 IDEAL ELECTRIC COMPANY -EQUIPMENT REPAIR/BUILDING REPAIR- 740.95 WATER DEPT 38431 INDEPENDENT SCHOOL DIST #272 -SEPTEMBER 87 CUSTODIAL SERVICE-WATER 713.21 TREATMENT PLANT/PUBLIC SAFETY BUILDING 38432 JM OFFICE PRODUCTS INC OFFICE SUPPLIES - WATER DEPT 202.44 38433 CASSIE JOHNSON TEEN VOLUNTEER WAGES 16.20 ' 14 CARL JULLIE EXPENSES-MANAGER 35 ROGER C JOHNSON AIRCRAFT RENTAL - PLANNING DEPT 90.59 95.4040 38436 KATE KARNAS EXPENSES-MUNICIPALS BANQUET 28.78 38437 DEBRA KELM SERVICE - CITY COUNCIL MINUTES 24.00 38438 ANN B KISPERT EASEMENT-CHAIN OF LAKES DRAINAGE 8000.00 38439 MARY KOTTKE VOLLEYBALL OFFICIAL/FEES PAID 40.00 38440 LANCE SUPPLIES - LIQUOR STORE 58.10 38441 LANDSCAPER INC REFUND-WATER METER DEPOSIT 114.50 38442 LANG PAULY & GREGERSON LTD -MAY 1987 LEGAL SERVICE-AMERICAN 1117.50 FUNDAMENTALIST CHURCH 38443 LANG PAULY & GREGERSON LTD JUNE 1987 LEGAL SERVICE-COMMUNITY CENTER 3022.50 38444 LEGRAN H3OMES REFUND-BUILDING PERMIT 300.00 38445 L LEHMAN & ASSOCIATES INC LEGAL SERVICE 6184.39 38446 LARRY KUSKE REFUND-PLUMBING PERMIT 14.38 38447 TIM MCGOVERN HOCKEY OFFICIAL/FEES PAID 73.00 38448 MIKE MARUSHIN -VISE GRIP SET/KNIFE/RATCHET-EQUIPMENT 149.00 MAINTENANCE 38449 MATTS AUTO SERVICE INC TOWING-EQUIPMENT MAINTENANCE 160.00 38450 MCGLYNN BAKERIES INC EXPENSES-FIRE DEPT 20.23 38451 MEDICAL OXYGEN & EQUIP 00 OXYGEN & HELIUM-FIRE DEPT 54.00 38452 MIKE MERRIGAN REFUND-PLAN CHECK DEPOSIT 30.00 38453 METRO FONE COMM INC OCTOBER 87 PAGER SERVICE-SEWER DEPT 10.50 38454 METROPOLITAN WASTE CONTROL COMMIS SEPTEMBER 87 SAC CHARGES 79412.85 38455 MIDAS SERVICE CENTER MUFFLER/PIPES-EQUIPMENT MAINTENANCE 179.73 38456 MIDLAND EQUIPMENT 00 VIBRATOR/TOOL BOX-TRUCK #146 - SEWER DEPT 947.00 3P'c7 MIDWEST ASPHALT CORP BLACKTOP-STREET DEPT 1972.63 14274264 NOVEMBER 3,1987 38458 MN CELLULAR TELEPHONE CO SERVICE 111.82 38459 MINNESOTA FIRE INC FLASHLIGHTS/HELMET HOLDERS-FIRE DEPT 85.00 38460 VOID OUT CHECK 0.00 161 MINNESOTA VALLEY ELECTRIC 00-OP SERVICE 37.75 62 MINNESOTA SUBURBAN NEWSPAPERS INC ADS - LIQUOR STORE 483.84 38463 MOTOROLA INC RADIO REPAIR - FIRE DEPT 628.70 38464 MOTOROLA INC -37 SYNTOR X MOBILES & ACCESSORIES/ 169982.00 25 PORTABLES & ACCESSORIES-FIRE DEPT 38465 MUNICILITE CO -3 SPOTLIGHTS/3 BRACKETS-EQUIPMENT 166.53 MAINTENANCE 38466 NATIONWIDE ADVERTISING SERVICE IN EMPLOYMENT ADS 132.30 38467 NATIONAL CAMERA EXCHANGE CAMERA & ACCESSORIES-FORESTRY DEPT 201.31 38468 NATIONAL SCREENPRINT T-SHIRTS-ODAIMUNITY SERVICES 78.70 38469 NORTHERN HYDRAULICS SAW/STRAPS - EQUIPMENT MAINTENANCE 145.98 38470 NORTHERN STATES POWER CO SERVICE 1862.30 38471 KATHLEE O'CONNOR SUPPLIES-FIRE DEPT 16.32 38472 OFFICE PRODUCTS OF MN INC EQUIPMENT REPAIR-LIQUOR STORE 47.00 38473 PACKAGING MATERIALS INC SUPPLIES - LIQUOR STORE 140.93 38474 PENNSYLVANIA OIL CO OIL-EQUIPMENT MAINTENANCE 940.50 38475 CATHY PERIA SUPPLIES/EXPENSES- FIRE DEPT 14.64 38476 BOB PETERSEN FOOTBALL OFFICIAL/FEES PAID 88.00 38477 RITA PHELPS SUPPLIES-DAY CARE CENTER-COMMUNITY CENTER 37.83 38478 PITNEY BOWES SUPPLIES-CITY HALL 21.05 38479 PLEHAL BLACKTOPPING INC -SERVICE-EDEN VALLEY PARK & STERLING FIELD 24771.00 PARK/PAVER RENTAL - STREET DEPT 38480 PMS SERVICE CORP OCTOBER 87 JANITORIAL SERVICE-CITY HALL 1160.00 38481 POWER BRAKE EQUIPMENT CO TRUCKLITE/BRACKET - EQUIPMENT MAINTENANCE 70.25 38482 POMMER MFG CO INC SOFTBALL & TENNIS AWARDS-COMMUNITY SERVICE 466.80 38483 PRAIRIE ELECTRIC COMPANY INC -INSTALLATION/MATERIALS FOR RECEPTACLE- 365.00 PARK MAINTENANCE ,,...84 PRAIRIE LAWN & GARDEN EQUIPMENT PARTS-EQUIPMENT MAINTENANCE 9.55 38485 PRAIRIE OFFSET PRINTING FIRE PREVENTION FLYER-FIRE DEPT 137.80 38486 PRINT SHACK FIRE PREVENTION LETTER-FIRE DEPT 57.90 38487 CATHERINE PUTKA MILEAGE-UTILITY BILLING 54.50 38488 R & R SPECIALTIES INC ZAIIBONI BLADES SHARPENED-COMMUNITY CENTER 93.10 38489 RADISSON HOTEL SOUTH MUNICIPALS BANQUET 7555.57 38490 R C I INDUSTRIES INC RUST BUSTER - FIRE DEPT 197.60 38491 RECREONICS CORP RAKE/FIBERGLASS SCREEN - COMMUNITY CENTER 38492 ROLLINS OIL CO UNLEADED FUEL - EQUIPMENT MAINTENANCE 31.67 38493 ERIC SAUGEN VOLLEYBALL OFFICIAL/FEES PAID 6432.00 u32.00 38494 SEARS ROEBUCK & CO -CALCULATOR-ASSESSING DEPT/LIFE JACKETS- 139.96 COMMUNITY CENTER 38495 SETTER LEACH & LINDSTROM INC AUGUST 87 SERVICE-REPAIR-COMMUNITY CENTER 358.68 38496 SHERMAN WILLIAMS PAINT-PARK MAINTENANCE 38497 JAMES SNAVELY 59.7 REFUND-OVERPAYMENT ON UTILITY BILL 19,71 I 38498 SOUTHWEST SUBURBAN PUBLISH INC ADS - LIQUOR STORE 368.75 1 38499 SPORTS WORLD USA -SWEATSUITS/T-SHIRTS/ICE PACKS/PITCHING 3084.03 RUBBERS-COMMUNITY CENTER/COMMUNITY SERVICE 38500 SPS COMPANIES BUILDING REPAIRS-PARK MAINTENANCE 11.72 38501 STATE TREASURER SEPTEMBER 87 BUILDING PERMIT SURCHARGES 7041.01 38502 STS CONSULTANTS LTD SERVICE-WATER TREATMENT PLANT ADDITION 1224.00 38503 NATALIE SWAGGERT OCTOBER 87 EXPENSES 165.00 38504 TELEDYNE TOTAL POWER -ALTERNATOR-EQUIPMENT MAINTENANCE/REPAIR- 293.70 DIST/BATTERY - EQUIPMENT MAINTENANCE 3'O5 TMI COATINGS INC -SEALCOATING-APPARATUS FLOOR & WALKWAY- 5566.00 FIRE DEPT 23497025 f' a7u 38506 TWIN CITY OXYGEN 00 OXYGEN - EQUIPMENT MAINTENANCE 66.93 38507 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 231.40 38508 USA TODAY ADVERTISING-LIQUOR STORE 34.00 38509 US WEST CELLULAR SERVICE 111.82 38510 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 335.78 -11 VALLEY-RICH CO INC REFUND-PLUMBING PERMIT 20.00 12 VAN WATERS & RCGERS SODIUM SILICOFLUORIDE-WATER DEPT 1077.50 38513 WARNING LITES OF MN INC -FLASHERS/ROAD CLOSED/BARRICADES - JULY 141.00 STORM DAMAGE 38514 WATERITE INC -VALVE REPAIR/BOLTS/NUTS/WASHERS-COMMUNITY 208.00 CENTER 38515 WATER PRODUCTS CO -HAND ASSEMBLY-WATER DEPT/GASKET PVC PIPE- 718.50 PARK DEPT/COUPLINGS-STREET DEPT 38516 LYNNETTE R WEISGRAM VOLLEYBALL OFFICIAL/FEES PAID 40.00 38517 WESTERN STATES FOREST PRODUCTS IN TREATED TIMBERS-EDEN VALLEY PARK 1408.36 38518 WILSON TANNER GRAPHICS NEWSLETTERS-HUMAN RESOURCES 525.00 38519 RICK WILLIAMSON REPAIR OF GLASSES-STREET DEPT 14.37 38520 JIM YOUNG GOLF INSTRUCTOR/FEES PAID 135.00 38521 YOUNGSTEDTS INC WHEEL ALIGNMENT - EQUIPMENT MAINTENANCE 29.00 38522 ZEE MEDICAL SERVICE MEDICAL SUPPLIES-COMMUNITY CENTER 74.05 38523 JOHN FRANE SEPTEMBER 87 EXPENSES 165.00 38524 CITY OF MINNETONKA SEWER AGREEMENT-EDEN BROOK SUBDIVISION 10660.00 38525 AMERICAN ARBITRATION ASSOCIATION LITIGATION COST-REPAIR OF COMMUNITY CENTER 150.00 1614571 1268083.37 I DISTRIBUTIONS BY FUND GENERAL 197228.88 CERTIFICATE OF INDEBT 1353.20 15 LIQUOR STORE-P V M 44322.05 17 LIQUOR STORE-PRESERVE 30438.29 31 PARK ACQUIST& DEVELOP 29770.86 33 UTILITY BOND FUND -55963.04 39 86 FIRE STATION CONSTRUCT 169982.00 45 UTILITY DEBT FD ARB 150358.56 47 80 G 0 DEBT FUND 122794.21 51 IMPROVEMENT CONST FD -2838.72 55 IMPROVEMENT DEBT FUND ARB 149104.53 56 ROAD IMPROVEMENT DEBT FD 256395.11 57 ROAD IMPROVEMENT CONST FD 407.35 73 WATER FUND 18034.25 77 SEWER FUND 81509.40 81 TRUST & ESCROW FUND 14583.44 82 FIRE RELIEF FUND 38403.00 87 CDBG FUND 22200.00 $1268083.37 YANo ! September 28, 1987 Mr. Carl Jullie, City Manager City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Potential 24 hour operation Jerry's Super Value, Preserve Village Center Dear Carl: This letter is a request to appear on the City Council agenda for October 15, 1987, for the purpose of requesting approval of the city council for 24 hour operation as per condition of the development agreement between Ryan Construction and Eden Prairie for the Preserve Village Mall dated August 7, 1979. Section 9 of that agreement allows us to apply for 24 hour operation if a comparable business should open within a three mile radius and operated 24 hours as does the Rainbow Foods store currently doing business on a 24 hour basis at Prairie View Center. The approximate distance is three miles (which is in my opinion, significantly less than trade area of the competing store) not allowing Super Valu to be competitive. I have discussed this with Chris Enger and I have also sat down with the residents of Clark Circle and Garrison Way which are adjacent to the property to discuss concerns they have not only regarding potential 24 hour operation but also regarding the operation and physical state of the shopping center. I will be discussing these issues with staff prior to appearance before the council in order that minor issues will be put aside and the council can consider the one significant issue which is our need to be open on a 24 hour basis. Please let me know as soon as possible regarding the availability of an agenda position for Ryan Construction regarding this matter. Sincerely, RYAN NS C ID OMPANY William . McHale Vice President cc: Chris Enger Bob Shadduck Vern Berggren WJM9:Eden Prairie 700 INTERNATIONAL CENTRE.900 SECOND AVENUE SOUTH.MINNEAPOLIS,MINNESOTA 55402 TELEPHONE 612/339-9847 * — - CsA.c. . csf-t.i...t-eLe Fy:;Lca.. Co. DEVELOPER'S AGREEMENT NOV 121979 Idpls.Office THIS AGREEMENT, made and entered into as of AUGUST 7 , 1979 by and between RYAN CONSTRUCTION OF MINNESOTA, INC., a Minnesota corporation. hereafter referred to as "owner" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereafter referred to as "City", WITNESSETH: . WHEREAS, Owner has applied to City to change the zoning from Rural to Community Commercial for approximately 9 acres, more fully described • in Exhibit A, attached hereto and made a part hereof, and hereafter referred to as "the property", and WHEREAS, Owner desires to construct a shopping center upon the property. . NOW THEREFORE, in consideration of the Mayor and Council of the City adopting Ordinance 79-01, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated August I , 1979, reviewed and approved by the City Council on May 15, 1979, and revised thereafter, attached hereto as Exhibit B, and subject to such changes and modifications as provided herein. 2. Owner covenants and agrees to the performance and obser- vance by Owner at such times and in such manner as pro- vided therein of all of the terms, covenants, agreements and conditions set forth in Exhibit C, attached hereto and made a part hereof. N velrper's Agreerent-Super Valu (a 18 :.Lae 2 3. Owner, prior to any building permit issuance, shall submit to the City Planning Staff for review and approval, a detailed landscaping plan, including but not limited to, berming and landscaping to screen the shopping center parking lot from the residential properties to the west and south, effective screening of the shopping center from all public roads, and total screening of the garden center. 4. All exterior walls of the shopping center shall be faced with brick. 5. Owner shall not, and shall not permit others to, construct parking lot lighting on the property higher than 20 feet above the ground surface or equipped with lights other than cut-off luminars to restrict lighting to the property's boundaries. Exterior lighting level for the parking lot at the perimeter shall not exceed 1' candle average maintained. Lights shall consist of Gardco Formten, or equal, high performance sharp cut-off luminaire. Light standards shall be constructed so as to be at least 3 feet lower than the top of the building constructed on the property. 6. Owner may construct a minimum of 5.8 hard surface parking spaces per 1,000 square feet gross floor area for the property. 7. The City of Eden Prairie will assess the cost of the construction and installation of a traffic signal and lane improvements at Anderson Lakes Parkway and Gouty Road #18 to Owner . Total assess- ments will not exceed $70,000 and will be based on standard rates and terms for similar assessments prevailing at the time. 8. A building permit for the project will be issued only when Eden Prairie is fully assured that the commitment for the signal and all road improvements described in item 8 hereof are made and construction can proceed on a schedule which should coincide with the completion of said signal and road improvement. g. Owner shall not, and shall not permit others to, deliver or pickup from the shopping center, to be constructed on the property, any goods, inventory, refuse, garbage or other materials between the hours of 11:00 P.M. to 6:00 A.M. except pickup by customers during business hours and necessary standard maintenance such as snow removal. The shopping center and each store therein to be constructed on the property shall be open to the public for business only between the hours of 6:00 AM to 11:00 PM. If other stores similar to those in the shopping center located within a 3 mile radius from the property are open for business in the future between the hours of 11:00 PM and 6:00 AM or any part thereof, Owner may request the Council to modify and extend the hours of operations of businesses in the shopping center. r, } • Developer's Agreement-Super Yalu 0 18 page 3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRA1 IE, a municipal coPporatio e Sta oota • BY: , ,jdolfgan enzel, Its Mayor STATE OF MINNESOTA) 09 Ulsta , Its Manager COUNTY OF HENNEPIN))SS. The foregoing instrument was acknowledged before me this w day of 7 ?q,4,yJ 1979 by Wolfgang H. Penzel, the Mayor and Roger K. Ulstad,the City Manager of the City of Eden Prairie, a municipal corporation on behalf of the corporation. PtuM 1 /7 ary Public RYAN CONST UCT10N OF M T , INC., a M Ilnesota c/ io B Its BY: Its The foregoing instrument was acknowledged before me this? C day of ( �--_ �- 1979 by k_� /(� .�, the /:, 1 �a..�-��--� and the Ran Construction of RVa1iNffikdiY # Company of Minnesota, Inc Arm, on behalf of the corporation. N ry Public � . XAA TUN/SWAP r&AMA.M WJNtrwuu JOL£NE WITHOELTER • NOTARY PUBLIC•MINNESOTA HENNEPIN COUNTY .• ,�.r v F•r Cuam.,on[arm Jan f• ' • • • i LEGAL DESCRIPTION FOR SUPER VALU STORE REZONING FROM RURAL TO C-COM ti OUTLOT E. GARRISON FOREST SECOND ADDITION HENNEPIN COUNTY, MINNESOTA • • • EXHIBIT A • a7 v • is • i ! iI g I. L _ - ,,..._,,,.._,,,,?-,-,„_,..., _.,.--.-s.- -:T: - _ __ : r . 1 • ; ! • • , ._ , ----__� - • • • • • f\ \ ,i /- - //. - `` /. t.-/ I • \ '' • i L // EXHIBIT B -- - ;3,L( 1 Aug. 1, 197S tY, HI G I page 1 1. Owner shall submit a development plan prior to approval final plat which shall show proposed grading, stormwaterf the drainage areas and direction of flow, preliminary utility plans, ponding area and flood plain high water levels for ]00 year storm and minimum floor elevations for all lots. Approval of the final plat shall be subject to approval of the development plan by the City Engineer. II• Owner shall submit detailed construction and storm sewer plans to the Riley/Purgatory Watershed District for review and approval. Owner shall follow all rules and recommendations of said Watershed District. LQ. Prior to the dedication, transfer or conveyance of any real property or interest therein to the City as provided herein, Owner shall deliver to the City an opinion addressed to the City by an Attorney, dad in a form , acceptable to City, as to the condition of the title of such property or in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The the title of any real property or any interest thereincto beion of dedicated, transferred or conveyed as may be provided herein by OOhner tofC City ashallel vesto inn yr City good eand marketable title. or assessments.trein mortgages, liens, encumbrances, IV. Pay to City fees for first two years street li htin engineering review, and street signs. 9 9(Public streets) V • Darner shall file this Agreement with the Register of Deeds or Registrar of Titles and supply the City with a copy of this Agreement with information as to Document Number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. VI . If Owner fails to proceed in accordance with this Agreement within 24 months of the date hereof and provide proof of filing in accordance with item VI. hereof, Owner for itself , its successors, and assigns shall not oppose rezoning of said property to Rural. VII . Provisions of this Agreement shall be binding upon and enforceable against Owner, its successors, and assigns of the property herein described. Virl. Owner represents and warrants it owns fee title to the property free and clear of mortgages, liens and other encumbrances, except: 0 RYA construction company October 1, 1987 Jane Laskowski 9445 Garrison Way Eden Prairie, MN 55344 RE: Preserve Village Center Dear Jane: I Thanks for taking the time to talk to me the other day regarding neighborhood concerns on Garrison Way regarding the above-mentioned property. As I indicated to you I have met with the people of Clark Circle and have compiled their lists of suggestions and concerns regarding the (a) physical structure (b) pedestrian path, and (c) operation of the shopping center. Their concerns have been listed on an attached page with a dozen copies that you can distribute to neighbors who may wish to review them prior to our scheduled meeting at 7:00, Wednesday, October 7 at your house. If you feel this attachment covers all your concerns or there are only one or two you wish to add and you do not wish to meet, I will be more than happy to handle these concerns over the telephone. As I indicated, I will be asking the City Council for a spot on their agenda in mid-October, at which time we will be asking for the right to operate the Jerry's as a NewMarket store on a 24 hour basis. If you have any questions, please call. Sincerely, RYAN C STRUCTIO COMPANY \ William . McHale Vice President Enclosure cc: Wendy Madsen Chris Enger Bob Shadduck Vern Berggren WJM9:Laskowski 700 INTERNATIONAL CENTRE.900 SECOND AVENUE SOUTH.MINNEAPOLIS.MINNESOTA 55402 TELEPHONE 61rr2}}/339.9847 ✓.7)✓,1 October 5, 1987 Mr. Gary D. Peterson, Mayor City of Eden Prairie 7600 Executive Drive Eden Prairie, MN. 55344 Dear Mr. Mayor: This letter is regarding the proposed change in the hours of operation for the Jerry's Super Valu on Anderson Lakes Parkway and County Road 18. According to Mr. William McHale, V.P. of Ryan Construction Company, Jerry's would like to extend business hours to 24 hours. As a homeowner living very close to Jerry's, I am opposed to this change for several reasons. First there is the question of the change even being necessary. Driskill's Super Valu located at the corner of Highways 4 & 5 has already ended their 24 hours of operation. I feel this reflects the lack of need for a 24 hour full-scale grocery store in Eden Prairie. The majority of residents are middle management; not working shifts that end after midnight where you might want to take advantage of grocery shopping on your way home. Secondly, and most importantly, is the question of security in the neighborhood. There is an unlit path which leads behind Jerry's to the intersection of Garrison Way and Clark Circle. A police officer driving through Jerry's parking lot at 2 A.M. is not going to go into the store to check to see if all the owners' of the cars are either shoppers or employees of the store. Someone could very easily park their car in the lot, walk the path or go around the end of the fence, and start going through dark back yards checking deck doors to gain access to our home. Right now our back yard is dark and I like it that way. Will I soon have to be keeping lights on all night to protect our property? Other unwanted late night activities could include increased use of Garrison Way since it is the first street behind Jerry's. Some might try to use it as a "short-cut" to Pioneer Trail, thereby avoiding Anderson Lakes Parkway, which has a reputation for being well patrolled at night. Thirdly, the management of Jerry's is also concerned about late night security. When a female neighbor inquired about applying for late night employment, she was told by another employee they would be hiring only males for the very late hours. Isn't that also saying something about Jerry's concern for security? Several times I have made mention of the path connecting Jerry's to the neighborhood. Closing the path or putting a locked gate will not put an end to the problem. It is very easy to walk around the end of the fence, or considering the condition it is in, just push a section down. Also closing the path would force bikers and walkers who use the path to enter the shopping mall from Anderson Lakes Parkway with the traffic, since there is not an adequate sidewalk in front of Ben Franklin. October 5, 1987 To: Carl Julie, City Manager `� c From: Garrison Forest Residents It has come to our attention that Jerry's Super Value at Anderson Lakes Parkway and Hwy 18 is in the process of changing their present hours of 6:00 A.M. to 11:00 P.M. to a 24 hour operation. This is a subject that we feel should not be taken lightly, and actually are extremely perturbed about for several reaions. In the first place we feel that the existence of Jerry's is a thorn in our side, but it is a fact that we all live with. Some of our major complaints with the present situation are: 1. Inadequate Barrier- Flimsy fence which is frequently broken and is an eyesore. There are very few shrubs or trees to hide this fence or to block our views of the centers roof and parking lot. There is also access to our backyards and homes from a bike path leading into Clark Circle and from either ends of the fence at Hwy 18 and at Anderson Lakes Parkway. 2. Noise-From people to crashing grocery bins to horn honking. Cars and trucks are frequently left with their motors running. Employees rev up their car motors at closing time. The garbage pick-up is usually at an early morning hour. 3. Trash-There is always litter in our yards from pop cans to bags. 4.-Lighting-The parking lot lights shine into our homes and bedrooms. We have expressed these concerns to various indivduals at the Preserve Village Mall.and have contacted the police on various occasions. We also have had meetings with Mr. McHale of Ryan Construction Company. But we can not say that we have seen any changes take place. Please see the attached ], list of our concerns for your reviewal. Safety is a major concern. We have had to call the police many times because of loud noise, firecrackers, and partying at late hours. If there is a 24 hour change we won't know who is parking their car in the lot and who is loitering in the neighborhood. Presently there is a general lack of security due to the flimsy fence and tha access by anyone from either end. If 24 hours is approved we are at an even greater risk for vandalism or break ins. We encourage you to-visit our back yards and get first hand knowledge of the already poor barrier and the existing problems we face. This is the only major business that exists in a residential area in Eden Prairie. We find it hard to believe that the city can feel that this change of hours is advantageous to the quality of life in Eden Prairie. Sincerely, Garrison Forest Homeowners, 2)/4-73.. /3/...1<./7/76(),6-4-"--1 ti, Minutes of the meeting between Mr. McHale of Ryan Construction and the residents of Clark Circle on September 21, 1987. On September 21,1987 we met with Mr. McHale to discuss the concerns that we have with the operation of the Preserve Village Mall prior to a council meeting regarding 24 hour operation of Jerry's Super Value. 1. The Bike Path a. The slope is too steep, and encourages skateboarders and bikers as well as being a hazard in the winter because of slipperiness. b. The bike path encourages vandalism (i.e. many kids use the parking lot during and after hours and their ability to use the path causes vandalism to go beyond the shopping center and into our yards.) The residents with their homes adjacent to the path have had many instances of vandalism from broken windows, shrubs and hoses. Their newly painted house was defaced in the first week. c. We are concerned that the 24, hour operation will cause more people hanging around the store at later hours, causing more vandalism early in the morning. d. Several of the residents complained of mopeds going up and down the path. They're concerned about accidents and potential liability if they should be injured on their property. This should also include bikers and skateboarders. e. We would like to see this bike path closed. At previous meetings no one will take responsibility for the area leading from Clark Cirlce up to the shopping center. The Preserve Association, the city and Ryan Construction, have not been of any help to us on this problem. 2 General Site Conditions a. The neighbors stated thatthey thought the fencing and the shrubs (what few there are-some neighbors have no shrubs or trees in front of the fence at all) are supposed to shield the entire center, but many of the neighbors can see the top half or all of the building, part of the parking lot, etc. and most of them would like to block out the center. b. This fence should be more of a permanent barrier. There's been many instances of boards falling off and many think that it is not securely anchored. All of us have complained about the looks, feeling that the fence could be stained.Many times vandals have kicked boards off. 3 Shopping Center Operation a. Refrigeration trucks come to Jerry's Super Market early in the a.m. and are left running. b. The garbage truck comes at early hours, waking up neighbors. c. Employees party after work, playing music loud in the parking lot throwing refuse over the fence etc. d. There was a fire in the rear of Jerry's;the top of the building was blackened and this has never been taken care of. It is an eyesore. e. The sprinkler system doesn't work on the neighbors side of the berm. Much of the grass back there is burned out, and what few sprinklers there are spray the fence and do not water the grass. f. There are lights in the back of the supermarket which shines into hnmes on Clark Circle. The residents have called management at the Preserve Center and Jerrys but nothing has been done. g. The shopping center is noisy late at night due to kids playing around, etc. With the possibility of 24 hour operation, the neighbors are even more worried. h. The parcel pick up is not watched properly from inside the store, especially during the evening hours. Customers sit and honk their horns until someone comes out to put their groceries into the car. This is distracting in the summer along with the banging of grocery bins into each other which can be heard quite clearly. 4. The value of our homes adjacent to Jerry's have fallen due to the proximity of the shopping center and the surrounding commercial property. Homes by the same builder, less than a block away have been valued at about $10,000 more than properties adjacent to the center. Having a 24 hour market adjacent to us would create even more of a downward trend in our property values. MEMORANDUM 6 riji(jfi. TO: Mayor and City Council A, 1 FROM: Sandra F. Werts, Recreation Supervis DATE: October 26, 1987 SUBJECT: Appointment to Fill Vacancy on Historical & Cultural Commission A vacancy still exists on the Historical & Cultural Commission. This vacancy was created when Mona Leppla resigned. At that the time, the City Council did not have names of anyone interested in serving on the Commission and requested that the Historical & Cultural Commission inquire further. Thomas W. Howden, 9831 Brighton Lane, just completed his term on the Bicentennial of the U. S. Constitution Committee and expressed interest in the Historical & Cultural Commission. The Commission requests your consideration of Thomas Howden to fill the vacancy. His term would expire February 28, 1989 in accordance with Ordinance No. 47-87. SFW:md • • MEMORANDUM TO: Mayor and City Council THROUGH: City Manager Carl J. Jullie FROM: Assistant to the City Manager Craig W. Dawson(1� SUBJECT: Award of Bids for Fire Station Construction DATE: October 2B, 1967 Bids for construction of new Fire Station No. 4 (Sunnybrook/Homeward Hills Roads) and construction and remodeling of Fire Station No. 3 (Valley View/Eden Prairie Roads) were opened on October 27, 1987. Bids were submitted by eight of the ten firms which took out plans. The bids received, which are tabulated on the following page, were competitive. The work specified in the bid documents reflected the changes to the fire system improvement program approved by Council in September 1987. At that time, Council was aware that it may need to issue in the range of $300,000 debt (in the form of fire equipment certificates) in addition to the $2.3 million in general obligation bonds authorized to be issued by the March 19B6 referendum. If Council were to award the low bid as recommended, the cost of the program would be as follows: $1,353,450 Fire Station Construction 16D,000 Architect and Bond Issuance Fees 1,300,000 Fire Equipment $2,813,450 250,000 less MAC Contribution $2,563,450 2,300,000 less Bond Proceeds $ 263,450 Net new debt This figure does not include contingencies for construction costs. If the Council were to authorize issuance of short-term (i.e., five years) debt, fire equipment certificates would be sold when the City's cash-flow needs so required. The debt would be structured to take advantage of Eden Prairie's increasing assessed valuation. Based on valuation for taxes payable in 1988, the additional debt burden would add 0.10 to 0.15 mills to the tax levy. Bids were structured to allow the City to choose to construct only Station No. 4, only Station No. 3, or both stations. Additionally, the City could choose one or two contractors to do the work. If one contractor were to do the work, a deduct was requested to reflect the contractors lowered overhead costs. If one contractor were to be selected, then Station No. 4 would need to be completed by July 1, 1988 and Station No. 3 by November 1, 1988. The recommendation is for one contractor to do the work on both stations and to have these two completion dates. Recommendation: It is recommended that the City Council authorize the Mayor and City Manager to execute a contact with Watson-Forsberg Company in the amount of $1,353,450 for construction and remodeling of fire stations in accordance with the plans and specifications and bids submitted for the work. It is also recommended that the City Council authorize issuance of up to $300,000 in fire equipment certificates to finance improvements to the fire system. CWD:jdp �O 0 N 4,1 O 66E55 NW 'aTaTead uap3 - v o 8 • No 1aa310 �8L 'M OOZTT r - 12 M. - uoTionllsuop gosTaM r' it rn N .. v a 1 N I ... I O 9T655 NW 'sTTOdeauuTW : a - o in v o 6uTpTTne ezeId ynnOS ZSZ o • " * M * 61agSIOA UOS;eM .i 111 N M M . * I m I -1 I o 6T055 NW 'SauTd aTOITD - S - o o - N o 9ZT x08 •O'd • M• a •o M o uOTlonagSUOD UeOA 'N pT�ed • N IA N v unjT 1 U1 1 .-7 1 ZZ655 NW 'sTTodeauuTW - 0 - a o$ _ c o 0 .N aueI MOpeaW 00L - u+ c •o3 uosualaow •yW m _ CO N • v M N I co I •• .a I ,-, w N N. P 60£55 NW 'e>(OUY com - o - ,°i o `n i di '3'N anuany 4165T 606T ' ,p 4o g• o pj : •OD uOTa3naasUO3 Oeur!aaaW '+ N a v 1111 4I - N 1 - ,..jI ••r OO fZ655 NW 'sTTodeauuTW o 0 0 $ laaaa59L 4se3 009T -• c 0 o Oui SaleTOOssy 6uTaanOZN .-, kr) N 1 1 -1 1 ,-, TL095 NW 'anbead Mau : - N N c ---— o M• •S anuaAv puooaS ZOE •O, UOT'�JnaaSUOJ TIAI(°O;eiN * co N - M O M I m I r - .r _ N TZt55 NW 'trek,/ N ,p N O N. peog aTpooa aaxuex TLLT co _ o ,, "= o Auedluo3 uoTaorugsuop ue6e3 . m • N N v `O v • I ...1. Ico .4 I .1..i u N Ua`a U w 4 so F a J .iEU �•ID N � c m y IL# E+ O o u H z 4�C y u t� F LyNa F udo' y Nun 5+ V4il a'Ly z tal- m..., t 1u, Edl- ari .) tail�a �a S i 2 y SL y yaJ �I1J MEMO TO: Mayor and City Council THROUGH: Carl J. Jullie, City Manager FROM: Roger A. Pauly, City Attorney RE: Edenvale Trail Environmental Review DATE: October 28, 1987 At the meeting of the Council on October 20, 1987, Attorney Charles K. Dayton appeared and commented upon the adequacy of the EAW which Staff has prepared in connection with the above- referenced project. Mr. Dayton distributed copies of his letter to the Mayor and Council dated August 4, 1986, together with cer- tain notes dated October 20, 1987. From Mr. Dayton's comments and letter, it appears that the thrust of his client's position is that an Environmental Impact Statement should be done on the entire Purgatory Creek corridor. The argument seems to be that all projects within and near Purgatory Creek must be considered cumulatively. Minnesota Rules Section 4410.1700, Subp. 7.B., provides that in deciding whether a project has a potential for significant environmental effects and, therefore, requires an EIS, the "cumulative potential effects of related or anticipated future projects" must be considered. That section, Subp. 8, states that "when two or more projects are related actions, their cumulative potential effect on the environment shall be consid- ered in determining whether an EIS is required," and Subp. 9 pro- vides that "phased actions shall be considered a single project -1- for purposes of the determination of need for an EIS." A phased action is defined in Section 4410.0200, Subp. 60, as "two or more projects to be undertaken by the same proposer that a RGU determines: A. will have environmental effects on the same geo- graphic area; B. are substantially certain to be undertaken sequentially over a limited period of time; and C. collectively i have the potential to have significant environmental effects." A related action is defined in that section, Subp. 72, as "two or more projects that will affect the same geographic area that a RGU determines are planned to occur or will occur at the same time, or are of a nature that one of the projects will induce the other project." The proposed project as described in the EAW is not a phased action because it consists of a single project and not two or more as required by the definition of phased action. It is also not part of a related action since by definition a related action also consists of two or more projects that are planned to or will occur at the same time or are of a nature that one of the pro- jects will induce the other project. While trails and certain other developments have occurred within the Purgatory Creek, 1 those developments have not occurred at the same time as required to constitute a related action or even within a limited period of time required to constitute a phased action. Furthermore, the proposed project is not physically connected to any other trail development along the creek. See, Memorandum of Bob Lambert dated October 28, 1987. -2- 3 Mr. Dayton cites several federal cases in his letter in sup- port of the argument that the entire Purgatory Creek area should be considered in an EIS. The principal case cited is Atchison, Topeka & Santa Fe Railway Company vs. Callaway, 382 Fed. Supp. 610 (1974). That case involved a 3.2 billion dollar upper Mississippi River navigation system project and its first component, Locks and Dam 26 located at Alton, Illinois. The Court held that the Environmental Impact Statement which treated only the first phase of the construction, i.e., the improvement of Locks and Dam 26, was insufficient because it attempted to "segment" the project and ignored the impact on the rest of the upper Mississippi and Illinois waterways. The Corps of Engineers admitted that the rebuilding of Locks and Dam 26 "will necessi- tate system-wide improvements." The Court said the reconstruc- tion of Locks and Dam 26 would expand the capacity of the waterway system from 46 to 190 million or more tons and is, in essence, the decision to expand the capacity of the entire system. The Court stated it is this decision that will necessitate the improvement of other segments of the system. In another case cited, Lathan v. Volpe, 455 Fed. 2d 1111 (1971), the United States Court of Appeals for the Ninth Circuit ordered the Secretary of Transportation and others to cease acquiring land for an interstate highway until environmental review had been completed. In that case, no environmental review had been undertaken prior to the selection of a corridor for the highway and certain acquisitions of property. The action was -3- ) maintained under the National Environmental Policy Act ("NEPA"). The project consisted of one entire portion of the interstate highway system. The case does not present an issue of phased or related actions. 1 Calvert Cliffs Coordinating Committee vs. United States Atomic Energy Commission, 449 Fed. 2d 1109 (1971), involved a challenge to the Atomic Energy Commission's rules governing con- sideration of environmental matters. The case did not involve a specific project. It requires considerable labor to equate the project under consideration with that involved in the Atchison, Topeka case-- the one consisting of the placement of a woodchip trail around a natural marsh area with a footbridge over Purgatory Creek and a possible placement of asphalt material for a short segment of the trail at the easterly border of the marsh over an area already underlain with a large sewer interceptor pipe, placement of which )} many years ago disturbed any existing natural features; the other, a lock and dam project which would necessitate improvement of the entire upper Mississippi and Illinois waterway system, the building of which, in essence, constituted a decision to expand the capacity of the entire system from 46 to 190 million or more tons costing 3.2 billion dollars. On the contrary, as Mr. Lambert's memorandum describes, the developments in the area of Purgatory Creek have not and will not take place at the same time or within a limited period of time. -4- Furthermore, the decision to initiate a woodchip trail and foot- bridge at this time with the possibility of placing a bituminous trail over the sewer interceptor line in the future can hardly be considered a decision which will necessitate the improvement of the entire Purgatory Creek corridor area. Conclusion An EAW covering the entire Purgatory Creek flood plain and adjacent areas is not required in connection with the proposed action. RAP:cw RAP2 9130-1 10-27-87 -5- MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services '. DATE: October 28, 1987 SUBJECT: Edenvale Trail EAW Early in 1986, the City Council requested staff to develop a trail system plan for the Edenvale Park area, and review this system plan with the neighborhood prior to submitting it to the City Council for final review. Since that time, the City has had numerous meetings with residents concerning this proposed trail system. In August 1986 the City received a petition from residents that the City complete an Environmental Impact Statement on the entire Purgatory Creek valley throughout the City, and any trails that may be constructed within that valley. The rationale for the EIS was that any trails that were within the Purgatory Creek valley are related actions and by approving the trail section within one section of the Purgatory Creek valley it would impact and necessitate the construction of a trail in another section of the creek valley. At the October 7, 1986 meeting, Roger Pauly, City Attorney, indicted that in his opinion any trails in various parts of the Purgatory Creek valley were not related actions and did not require an Environmental Impact Statement or an Environmental Assessment Worksheet. At the November 18, 1986 meeting, the City Council directed staff to complete an EAW on the proposed trail project within the Edenvale Park Conservancy Area. The EAW was completed in the spring of 1987 and in June 1987 the EAW was submitted for review to all required regulatory agencies, as well as to Mr. James Cullen and Mr. Charles K. Dayton, representing the individuals that petitioned for an EIS. Attached are copies of transmittals and letters from various regulating agencies that indicate no Environmental Impact Statement is required. At the October 20, 1987 Council meeting, Mr. Cullen and Mr. Dayton resubmitted letters that they had submitted in August of 1986 indicating they believe any trail constructed within the Purgatory Creek valley is a related action to other trails and, therefore, requires an Environmental Impact Statement. Roger Pauly, City Attorney, has included his opinion on this petition, and has concluded that various bridges across Purgatory Creek, asphalt or woodchip paths in various sections of the creek valley that will be, or have been, constructed over a 25 year period and often not connected by any trail system other than through trails along existing City streets, are not related actions and would not require an Environmental Impact Statement. At the October 20th Council meeting, Mr. Dayton indicted that the most important section of the EAW was not included in the EAW and wanted to see the report from Dennis Hahn, Outdoor Education Supervisor for the Hennpin County Park Reserve District. Mr. Hahn's report was included in the EAW. It was typed verbatim from a hand written report and is included on numbers 25 thru 4' 27c on the EAW. On October 23, 1987, Mr. Dayton was sent a copy of the hand written report and referred to the comments that were included in the EAW. Attached is a map of the City including proposed creek crossings and trail sections, and the years they are proposed for construction. All of the trail sections with the exception of the trail from Mitchell Road south to 169 are proposed as either woodchip or mowed trails. The section from Mitchell Road to Prairie Center Drive and from Prairie Center Drive around the Purgatory Creek Recreation Area south along Staring Lake and east to 169 is proposed as a hard surface trail. South of 169 there will be short trail sections and creek crossings that would be constructed within the next two to three years; however, and lengthy trail sections along Purgatory Creek south of County Road 1 will probably not occur for several years due to a limiting factor of being able to obtain all of the property or trail easements necessary to connect the entry points. The trail around the Edenvale Conservancy Area and the trail connecting Hillcrest Court to the Edenvale Neighborhood Park should not have any impact on when, or if, other trails withing the Purgatory Creek valley are constructed or the environment of other sections of the creek valley. At this time, staff requests the City Council to approve the EAW for distribution. BL:md •'•,f'I , • . A -- iris- 1WLMIIIL,-, iv., : • illp' - 1 . ;i::';11,F1 litrjaltr111-111 ) . 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'IP=ilia:Val V IM --"V ,i'l-77•''.."tir‘.. i'ir-•-:,,c•:.•.• ; itagf*M11111111 LqwellrY Allini.. it'„'1.; friti,c,,,,,,,,-„]: •;'•'',*•!,: I ill111"6.--IA(41.789 II ti;f'‘,,,AnffiL::.:;;.: - rill61111,74p415 . 1 ...... .---,-.----: ' —'.J.25 2005e,•:1r 1988---, - ! .„ .. :4W1&"II1.I!3-'-'' '''''•.''''':' -, ',dm. • •:i• ..,. . „ ,—,.. 11Theren in 111111.,f.;MINI . f.: .Y ;:•• .,: ESTIMATED TIMETABLE FOR DEVELOPMENT OF VARIOUS CREEK ,..., CROSSINGS AND TRAILS WITHIN THE PURGATORY CREEK VALLEY .,...1 , r. '. 7,,‘-7 0. .. _ ___ :40.-"ttr A r r CITY OFFICES 17600 EXECUTIVE DRIVE I EDEN PRAIRIE,MN 55344.36771 TELEPHONE(612)937.2262 + �� maim c October 23, 1987 Mr. Charles Dayton 930 Lumber Exchange 10 South Fifth Street Minneapolis, MN 55402 RE: Edenvale Trail EAW Dear Mr. Dayton: • Enclosed is a copy of the handwritten report from Dennis Hahn, Outdoor Education Supervisor of the Hennepin County Park System. You will note that his comments are verbatim from the comments typed on the EAW, numbers 25A through 27C. In discussions with Barb Cross, our landscape architect who completed the environmental assessment worksheet, she indicated that her reference to the "attached sheet" meant the typewritten attached sheet not a separate letter from Mr. Hahn. If you need any further explanation, please feel free to contact me. Sincerely, Robert A. Lambert Director, Community Services Enc. RAL:skl cc: James P. Cullen 15381 Creekside Court Eden Prairie, MN 55344 Car,,Lict (AK.",V44 oil u u.C..., 5/2747 /. 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A/a t entignyeAte,& ilvu_a a gc( „yleoc,ia . ace.Aect dew )4,14441, eK 61t f t ce.4 w /o a v0;1 eep t iwk/Iea.4 co»� 6:e. y,(rt1r (5/) ui)47 lvca44 72, )4a44 ettegey ch 7Zu-e p4t,.aE co/oru el. . �O l4.i7i Ella{tin �. 2 a�r.QA �cu.2 s p y2i.m,4,4.69 rub' dzot 444 it 4 (,(,,Qt- at, eeo?o t 4 K -E. !� oa /Zu r4veth , atea., a z4 /in9 ad. 72e hau.�,u /oca d eu D— U' /1 m14 Zt & rb eV;4at A /tAd eke ,// /zei /t.a.Q on,/ adeocv (z7 /7a. t ddeuila1G . ,G ` 9'/",41m4,44t Aft' le eead. ob( • Su&nu/7 ) 03) U /�n%3 2 at fid!u NHL a on Sv+rA✓'so./,din efir/4r/ c el/5 CITY OFFICES 17600 EXECUTIVE DRIVE I EDEN PRAIRIE,INN 55344.2499 I TELEPHONE(612)937.2262 1 G TRANSMITTAL Date: 1Jk►F_ h Io To: '112- TAMFi, P. Luu.EA1 1a ,P)I C $E.t.ztoF, caip.r- c 7FM P 2A h1IF.,►hkj 344- i From: P-P7A}'3-A ( )6in Re: EcEt.1VAl, ((Y.LSEpUAThhA1 Ap-EA 1 .tC� t✓r�Ft.l tid t Vt6. mkt SS 144. Item(s): No. Description —L— C l (IF FAM/ { Purpose: as you requested review and return for your information reply to sender for your approval other(see remarks) Remarks: Q. Ocpy of 4e, E oN I-% also be' t +o Chartzo po,.t�tan ptn Utytbr lk$rrr n G-rr ho.trr t. Geis PA C'( • CITY OFFICES 17600 EXECUTIVE DRIVE I EDEN PRAIRIE,MN 55344-2499 I TELEPHONE(612)937.2262 11111a1 TRANSMITTAL Date: 'filrlF lb ►q@i To: PEI:4u ilablu t4Ep1p.) [,RatiaM `�1Efl ay,o u w -p iFN Snmi VI F`il-t iggE.FT frio-W ARouh,MN '54az. From: PEA pp CFrICC Re: FDE,NIVALZ, CDAKE.12.VATInt.1 ?PP "I�Actl. FrF.M PP.AW.t.,. T11.1 Item(s): No. Description 1 Purpose: as you requested review and return for your information reply to sender for your approval other(see remarks) Remarks: Minnesota Environmento! Quality Board [ 7T1iti, Minnesota 55101 Phone June 24, 1987 i Robert Lambert Director of Community Services 7600 Executive Drive Eden Prairie, MN 55344 RE: Environmental Assessment Worksheet (EAW) for Eden Conservancy Area Nature Trail Dear Mr. Lambert: This letter acknowledges receipt of the EAW for the above-named project. The Environmental Review Program rules (at Minnesota Rules, part 4410.1500B.) require that a press release containing notice of 'the EAW availability be provided to at least one newspaper of general circulation within the area and that copies of the EAW be distributed to all points on the EQB distribution list. We presume that these requirements have been met. Notice of the EAW availabilitywill be ti tor on June 29, 1987. The 30-day comment periodswill lbegin on8 that lday i and will expire on July 29, 1987. Pursuant to Minnesota Rules, part 4410.3100, subpart 1, no final ` governmental decision to grant a permit or other approval required to commence the project shall be made until a negative declaration or EIS adequacy determination has been made. Please contact me if any questions arise about the Environmental Review process. My phone number is (612) 296-8253, or you may call toll-free by dialing 1-800-652-9747 and asking for the Environmental Quality Board, Environmental Review Program. Sincerely, Y� (� V ` 1. ou, j Gregg M. Downing J Environmental Review Coordinator cc: AN EQUAL OPPORTUNITY EMPLOYER Minnesota Environmental Quality Board 100 Capitol Square Building 550 Cedar Street St. Paul,Minnesota 55101 Phone July 30, 1987 Robert B. Lambert Director of Community Services 7600 Executive Drive Eden Prairie, MN 55344 RE: Close of EAW Review Period for Edenvale Conservancy Area Nature Trail Dear Mr. Lambert: The 30-day review and comment period for this EAW ended on July 29, 1987. A decision on the need for an Environmental Impact Statement (EIS) is to be made within 15 working days of the expiration of the comment period unless the decision will be made by a body which meets only periodically, in which case the decision is to be made at the first meeting 10 or more days after the expiration date and in no case more than 30 calendar days afterwards. In making the EIS decision please note the following requirements (given at Minnesota Rules, part 4410.1700, page 16 of the rules): rt 1. You must maintain a written record of some sort, including specific findings of fact, which supports your decision. The record must reflect the findings about the project with respect to the criteria of subpart 7 and should consider the information in the EAW itself and any timely comments reseived. 2. A notice of the decision is to be sent within five working days to the EQB, all persons on the EAW distribution list, all persons who commented, and anyone who makes a request (see B.4.). The EQB will publish notice of your decision in the EOB Monitor. 3. If your decision is to prepare an EIS, your notice must also include your proposed scope of the EIS and the date, time and place of the scoping meeting. Please call me before scheduling a scoping meeting to assure that the meeting will fall between 10 working days and 20 calendar days after publication of the notice in the EOB Monitor. The scoping meeting must also be noticed by ?k a press release. Sincerely, Gregg M. Downing Environmental Review Coordinator (612) 296-8253 Toll-free: 1-800-652-9747; ask for EQB, Environmental Review Program AN EQUAL OPPORTUNITY EMPLOYER (`( i gp CITY OFFICES/7600 EXECUTIVE DRIVE/EDEN PRAIRIE,MN 55344.2499!TELEPHONE(612)937.2262 edam praif Imo. PRESS RELEASE The Environmental Assessment Worksheet (EAW) has been completed for the Edenvale Conservation Area Trail, and can be reviewed at the Eden Prairie City offices, 7600 Executive Drive, from 8 a.m.-4:30 p.m. The proposed project will include an 8' wide interpretive trail that will provide access and information to an abundant wealth of wildlife and wet meadow vegetation. The trail will run through the Edenvale Conservation -Area, which lies northwest of the Valley View Road/Edenvale Blvd. intersection. Written comments will be accepted at the City offices until July 29, 1987. i Qovit 4O �O Metropolitan Council �T ' 300 Metro Square Building uq Seventh and Robert Streets St.Paul,Minnesota 55101 y Telephone(612)291-6359 �'IN Cl�l�e July 2, 1987 Robert Lambert City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: EAW Edenvale Conservation Area Trail Metropolitan Council District 13 Dear Mr. Lambert Council staff has conducted a preliminary review of this environmental assessment worksheet to determine its adequacy and accuracy in addressing regional concerns. The staff review bas concluded that the EAW is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. An EIS is not necessary for regional purposes. This will conclude the Council's review of the EAW. No formal action on the EAW will be taken by the Council. If you have any questions or need further information, please contact Pat Pahl, Council staff at 291-6392. Sincerely, �1c Roger Israel, Director cc: Dirk de Vries, Metropolitan Council District 13 John Rutford, Metropolitan Council Staff An Equal OoDortunttv Emoiover 1 f I STATEIIa�n�^^n © i uVU�.I ISSQA DEPARTMENT OF NATURAL RESOURCES BOX , 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55146 q+ DNR INFORMATION (612)296.6157 July 27, 1987 Mr. Robert A. Lambert City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 RE: Edenvale Conservancy Area Nature Trail Environmental Assessment Worksheet (EAW) Dear Mr. Lambert: The Department of Natural Resources (DNR) has reviewed the above-referenced document and we offer the following comments for your consideration. From our perspective the EAW provides an adequate description of the project and its potential impacts. The fact that a DNR protected waters permit is required for trail construction below the ordinary high water mark of the creek is acknowledged in Item 11. We commend the city in your efforts to preserve this area and make it accessible to the public. Based on impacts to natural resources we do not see the need for an environmental impact statement. Thank you for the opportunity to review this project. If you have any questions regarding our comments, please call Don Buckhout of my staff at (612) 296-8212. Sincerely, Thomas Balcom N.R. Planning and Review c: Kathleen Wallace Laurel Reeves Tom Keefe Gregg Downing-F.OB don3/MISC5 „OP) AN EQUAL OPPORTUNITY EMPLOYER C. MINNESOTA HISTORICAL SOCIETY FOUNDED IN 1849 Fort Snelling Hstory Center,St.PauI,MN SS/It • (6121726.1171 June 30, 1987 Mr. Robert A. Lambert Eden Prairie City Offices 7600 Executive Drive Eden Prairie, Minnesota 55344 Dear Mr. Lambert: Re: Edenvale Conservancy Area Nature Trail Eden Prairie, Hennepin County MHS Referral File Number: EE-639 Thank you for the opportunity to review and comment on the above project. It has been reviewed pursuant to responsibilities given the State Historic Preservation Officer by the National Historic Preservation Act of 1966 and the Procedures of the National Advisory Council of Historic Preservation (36CFR800). This review reveals the location of no known sites of historic, architectural, cultural, archaeological, or engineering significance within the area of the proposed project. There are no sites in the project area which are on the National Register or eligible for inclusion on the National Register, and therefore, none which may be affected by your proposal. Again, thank you for your participation in this important effort to preserve Minnesota's heritage. Sincerel , Dennis A. Gimmestad Deputy State Historic Preservation Officer DAG:dmb • ,t',NN tt Minnesota Department of Transportation c$ Transportation Building, St.Paul,MN 55155 OF TR04 July 16, 1987 Phone 296-1652 Mr. Robert A. Lambert Director of Community Services 7600 Executive Drive Eden Prairie, MN 55344 Re: Edenvale Conservancy Area Nature Trail Environmental Assessment Worksheet (EAW) District 5 (Eden Prairie, Hennepin County) Dear Mr. Lambert: The Minnesota Department of Transportation (Mn/DOT) has completed a review of the above-referenced EAW. We anticipate that the proposed project will cause little adverse impact to our transportation facilities. If you require additional information from Mn/DOT, please contact Carl Hoffstedt, Transportation Analysis Engineer at our District Office in Golden Valley, phone number (612) 593-8540. Sincerely, C:hyiG Cheryl Heide, Environmental Coordinator Environmental Services Section • • An Equal Opporruniry Employer Of DEPARTMENT OF THE ARMY( 4,. °� ^z ST.PAUL DISTRICT.CORPS OF ENGINEERS ❑ 1135 U.S.POST OFFICE i CUSTOM MOUSE St.PAUL MINNESOTA 53101-1I7R A\PIY TO ATTENTION ON Construction-Operations Regulatory Functions (81•lQ►I3.N1• $8 ) • Zeihtt. nut.R bud C1..1 Gpm. A[ Res 1 C .sidQ 7600 ` czi �rturt• � cQ do P/I,rar� Cellists PRaiaii , 12CM. S5 H H CrtE - `i�c' q Z 116 At., R. x .runkmutr im. astuvult, ntdbtfutuvka, Wan Y(R. We have reviewed the information provided us about your project. The work is authorized by a nationwide Department of the Army permit, provided the enclosed conditions and management practices are followed. This determination covers only the project referenced above. Should you change the design, location, or purpose of the work, contact us to make sure a violation would not occur. Our telephone number is (612) 725-7557, It is your responsibility to insure that the work complies with the terms of this letter and the enclosures. PLEASE NOTE TWAT THIS CONFIRMATION LETTER DOES NOT ELIMINATE.THE NEED FCR STATE. LOCAL, CR OTHER AUTHCRIZATIONS. This authorization expires on January 12, 1992. If you have any questions, please call p� iZdlVi3tJWl .,.{►�J Sincerely, Enclosure(s) en Wo `t SG Chief, Regulatory Functions Branch Construction-Operations Division • Determination: 33 CFR 330.5(42)C :9(!0 c c Minnesota Pollution Control Agency 44 X501 July 31, 1987 • Robert A. Lambert Director of Community Services $j City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 Dear Mr. Lambert: We have reviewed the environmental assessment worksheet prepared by your office for the proposed Edenvale Conservancy Area Nature Trail. We have no comments to make on it at this time. Please contact William J. Lynott, of my staff, at 296-7794, if you wish to discuss this matter further. Sincerely, ord T. Anderson irector Office of Planning and Review CTA:pnk • • • • ;: Phone: 520 Lafayette Road,St.Paul,Minnesota 55155 Regional Offices•Duluth/Brainerd/Detroit Lakes/Marshall/Rochester Equal Opportunity Employer AGREEMENT REGARDING SPECIAL nee-- THIS IS AN AGREEMENT n " 1987, between the City of Eden Pr � Q, t, (the "City") and Waleswood Corpo: (A(j "" 3n and Jyland Development, Inc., a M � COUM(j ers"). A. The Owners hold le CI `'`J )perty 4t—3-87 described as Lots 1 through gh 3, Block 2, Bryant Pointe, H which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owners desire to develop the Property in such a manner that will require the reconstruction and widening of Rowland Road along the southerly border of the Property and the installation of concrete curb and gutter and storm sewer, catch basins and manholes (all of which is hereafter referred to as the "Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners consent to the levying of assessments against the Property for the construction of the Improvements. AGREEMENT REGARDING SPECIAL ASSESSMENTS oc7cA6K THIS IS AN AGREEMENT made this 2/;` day of Auque#, 1987, between the City of Eden Prairie, a municipal corporation, (the "City") and Waleswood Corporation, a Minnesota corporation and Jyland Development, Inc., a Minnesota corporation (the "Owners"). A. The Owners hold legal and equitable title to property described as Lots 1 through 25, Block 1, and Lots 1 through 3, Block 2, Bryant Pointe, Hennepin County, Minnesota, which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owners desire to develop the Property in such a manner that will require the reconstruction and widening of Rowland Road along the southerly border of the Property and the installation of concrete curb and gutter and storm sewer, catch basins and manholes (all of which is hereafter referred to as the "Improvements"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owners consent to the levying of assessments against the Property for the construction of the Improvements. Page -2- 2. The Owners acknowledge that the Improvements referred to herein will be part of a larger construction project involving Rowland Road as it passes the Property as well as other land. The City presently intends to have prepared a Feasibility Report which report will show proposed costs to be assessed against the Property. The actual cost to be assessed against the Property may differ from the amount shown in the Feasibility Report when the actual cost of construction is known. A pro rata share of the total cost of construction for the entire "construction project" shall be assigned to the Property in the same manner as is done in the Feasibility Report. To the extent practical and feasible the City will make a good faith effort to assess the undeveloped property identified as PIN 2-116-22-24-0001 along Rowland Road south of the Property, in substantially the same manner as it assesses the Property. 3. The cost to be assessed against the Property for the construction of the Improvements will be the average per foot cost to reconstruct and widen Rowland Road as a 28 foot wide residential collector street, including concrete curb and gutter and all utilities referred to above in Paragraph "B" multiplied by the length of the property abutting Rowland Road. City at its option may increase the width of Rowland Road to more than 28 feet and the City will assume the cost for this additional width. For purposes of determining the amount of the assessment, the cost of 1 Page -3- the Improvements shall include, in addition to actual construc- tion costs, administrative, interest and engineering costs and fees incurred or paid by the City in relationship to construction of the Improvements. 4. The City's assessment records for the Property will show the assessment as a "pending assessment" until levied. 1 5. The Owners waive notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 6. The Owners concur that the benefit to the Property by 1 virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owners waive all rights they have by virtue of Minnesota Statute §429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. CITY OF EDEN PRAIRIE A Minnesota Municipal Corporation BY: Gary D. Peterson Its Mayor BY: Carl J. Jullie Its City Manager Page -4- 1 JYLAND DEVELOPMENT, INC. A Minnesota Corporation BY: Xe/1.;. r Its • BY: 4 11i Its ammwomrA7PEOU WALESWOOD CORPORATION A Minnesota Corporation BY: Its BY: Its E 1. Page -5- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1987, by Gary D. Peterson, the Mayor and Carl J. Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. • Notary Public STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this 2/I' day of oc;7agF2 , 1987, by Pi, L• G-.ecso.$) the e<.e.E7-,C.1 and /2c, ew r ,4• L' z5O.0 the }?z.e of Jyland Development, Inc., a Minnesota corporation, on behalf of the corporation. ■ 1.44. SUSAN LIQUA McDON000H NOTARY PUBLIC—MINN RMASEYCOUNTYESOTA Mr Oxamembi Eggs JIAY TO 1991 ■ • G7fi�tkite( Notary Public Page -6- STATE OF MINNESOTA ) ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1987, by the and the of Waleswood Corporation, a Minnesota corporation, on behalf of the corporation. Notary Public RFR -- 7836-1.CP -- #4 -- 09-08-87 r]9 f1 to A f` CYAN construction company OP A INCORPORATED October 30, 1987 Eden Prairie City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: Potential 24-Hour Operation Jerry's Super Valu, Preserve Village Center Members of the Council: This letter will outline some of the concerns and outstanding issues brought to us by residents adjacent to the Shopping Center, relative to the impending 24-hour service @ Jerry's. 1. Berm: a. The fence shall be repaired this season. b. Sprinkler heads will be readjusted to properly irrigate the resident side of the fence. c. Arrangements have been made for a lawn maintenance program for the resident side of the fence. Maintenance will begin in Spring. d. Trash: Between the hours of 9:00-12:00 a.m., an employee from Supplee's will walk both sides of the fence picking up rubbish and debris. The trash bin at the beginning of the fence shall be emptied if necessary. Between the hours of 3:00 and 6:00 p.m. an employee from Jerry's will walk both sides of the fence picking up rubbish and debris. Trash bin at the beginning of the fence shall he emptied if necessary. 2. Deliveries/Employee Parking: a. Jerry's and Tenants of Supplee's agree that there will be no trash pickup between the hours of 11:00 p.m. and 6:00 a.m. b. Jerry's and Tenants of Supplee's agree that there will be absolutely no deliveries between the hours of 11:00 p.m. and 6:00 a.m. 700 INTERNATIONAL CENTRE,900 SECOND AVENUE SOUTH,MINNEAPOLIS,MINNESOTA 55402 TELEPHONE 612/339-9847 d Eden Prairie City Council October 30, 1987 c. To prevent cars honking in the parcel pick-up area, Jerry's will have a bell installed in addition to the existing T.V. monitor. d. Jerry's shall relocate the area of employee parking away from the far south end of the lot. e. Jerry's shall also monitor the parking area between the hours of 11:00 p.m. and 6:00 a.m. 3. Three "No Overnight Parking - Violators Towed at Owner's Risk" signs shall be installed in the parking lot to prevent truckers from stopping and resting. We will ask cooperation from the Eden Prairie Police Department to help police these areas. These contractual obligations have been discussed and agreed upon with both Jerry's - Steve Summers, and Supplee's - Dick Gibson. Should there be any problems during the 24-hour operation, residents may contact the manager on duty at Jerry's at 941-9680. Problems should be acted upon within 24 hours or within a reasonable amount of time. Should Jerry's or Supplee's be in violation of the above agreement, or problems are not being resolved on a timely basis, Ryan Construction Company will be notified and will correct the problem. Should there be six (6) unresolved issues within a calendar year, the Council shall retain the right to reconsider the 24-hour issue. Very truly yours, ' N INSTRUCTION COMP Y 4111 r ..V. .n P. Kelly, r. Vi'e President JERRY'S SUPER VALU )lt'La'2k-n"r""-'.---1 fS even Summerss SUPPLEE'S Dick di6"son WMMISC/6/DN AV -ro-A November 2, 1987 City Council City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344-3677 Re: Request of Ryan Construction to Keep "Jerry's Super Valu" at the Preserve Village Center open 24 hours a day (meeting scheduled at 7:30 pm, Tuesday, November 3, 1987). I live at 9702 Clark Circle, which is directly to the side of the above-mentioned Center. I will feel very "let down" if the City Council decides to "cave-in" to the wishes of Ryan Construction at this time. I have lived at the above address for nine years. I was part of the protest group that fought to keep the shopping center from being built. At the time Ryan built the property, they had wanted a 24 hour operation. I forget the mayor's name who was in office at that time, but he said he would not cast an approving vote for the project at all unless Ryan was willing to drop the 24 hour issue. Ryan agreed and the current hours were then agreed upon. Now that the City Council has different incumbents, Ryan Construction is trying again. I feel the Preserve Village Center is quite dissimilar from the Prairie View Shopping Center located on Highway 5, and also the new Rainbow Foods Store. Neither has homes directly behind their properties. Prairie View has a church property behind it, and homes behind Rainbow are some distance away. This fact should be enough to make the Preserve Property a unique and separate situation no matter what is agreed upon for the other two properties. As it is, we hear noise from the back dock all night with loading and unloading going on. In addition, since it is open til 11 pm, I have sat on my porch at that time, and later, in the summer to hear rowdy teenagers banging on the wooden fence that separates our property from the shopping center, hearing loud and sometimes vulgar language. My next door neighbor who has the walkway adjacent to his property has had rocks thrown through his window and mustard sprayed on his newly painted house. Please don't add to our worries and concerns while further decreasing our property values by opening that place 24 hours. At least to this point we have been able to sleep at night. Once the oppor- tunity exists for car doors slamming as people retrieve their groceries from the outside grocery pickup area, and people (for Thomas V. Lotzer 4. Page > whatever reason) start walking the dark path in the middle of the night, I suspect our neighborhood may sustain more uneasiness. Place yourselves in our situation. Would you want to live behind a noisy, 24 hour operation? I would guess not. The argument that "Why did you buy that property in the first place?" doesn't work in this case because I built and moved into the above-mentioned property in January, 1979, which was at least a even broke ground for the shopping center. year before they Please help us. Ryan built that property knowing there were homes directly behind their property. Please make them live with the open hours they agreed to from the beginning. in erely, '1/)1 ,, Thomas V. Lot e i 1 ) 1 d 1 i �cf it ID F moves the following: DECISION The project known as the "Edenvale Conservancy Area Nature Trail" does not have the potential for significant environmental effects based upon the following record and findings of fact: THE RECORD The record consists of the following: a. Pages 2728 - 2749 of the agenda materials for the meeting of the Council on October 20, 1987. b. Letter dated August 4, 1986, to Honorable Gary Peterson and members of the City Council from Charles K. Dayton. c. An unsigned document dated 10-20-87 entitled "Public Information Regarding Purgatory Creek Corridor Trail Development" consisting of 5 pages. d. Pages 2861 - 2881 of the agenda materials for the meeting of the Council on November 3, 1987. e. Comments and minutes relating to the subject made at the meetings of the Council on October 20, 1987, • and November 3, 1987. FINDINGS OF FACT The following findings of fact are made in support of the decision. -1- is I 1. The project is as described in item 5 of the Environmental Assessment Worksheet relating to the Edenvale Conservancy Area Nature Trail. 2. The project is located within the Purgatory Creek flood plain. The land in which the project is to occur is currently and has for some time past been designated as public open space, flood plain, and park land. 3. The proposed nature trail will be located along the perimeter of the land, leaving most of the existing soft peaty type soils and vegetation essentially undisturbed in their natural state. 4. Construction will occur in the winter, which together with erosion control fabric, will protect the water- and land-related resources of the area. 5. Natural drainage systems in the area will not be . altered. 6. The proposed trail, except that proposed to be { installed over an existing interceptor sewer, will be composed of woodchips on a fiber mat and will require only minimal grading to smooth grass hummocks. A bituminous trail will in the future replace a mowed trail on the east side of the creek over an existing large interceptor sewer line which -2- was installed in approximately 1968 - 1970, which resulted in clearing and grading of the land in which it is installed. 7. The two wildlife blinds to be installed will be constructed in such a manner as to preserve the natural character and to minimize impact on the area. 8. Culverts will be installed to prevent obstructions to the natural drainage patterns. 9. Disturbed areas will be seeded and mulched to pre- vent or mitigate erosion. Additionally, a filter fabric will be installed to prevent erosion and sedimentation from escaping from the project site. 10. winter construction will eliminate runoff of water and minimize the creation of dust. Construction noise will be mitigated by maintaining construction equipment in good operating order, proper mufflering of construction equipment, and limiting work to City Hall business hours. 11. There will be no significant effect on fish, wildlife, habitat, or animal movement; only that vegetation that is now present where the trails will be constructed will be altered, and that vege- tation is insignificant in comparison to the total vegetation of the area; also, the trails to be con- structed will be available to be utilized by ani- -3- ma's when humans are not present, e.g., after dark and during most of the winter. 12. The trail will be constructed away from present sensitive plant communities. 13. Materials to be used in the construction of the trail will not produce a chemical imbalance adverse to the environment. 14. The project is not physically connected or in close proximity to the development of trails or other improvements within the Purgatory Creek flood plain. 15. Other segments of trails or improvements within the Purgatory Creek flood plain within the City have either already occurred or if they do occur, will occur at a significantly later date, and all of such trails and/or improvements have not and will not occur within the same or limited period of time. 16. Construction of the project will not necessitate construction of any other trail or development within the Purgatory Creek flood plain. 17. The project is not a "phased action" within the meaning of Minnesota Rules 14410.0200, Subp. 60, or a "related action" within the meaning of Subp. 72 of that Rule. -4- 18. Since the project is not a "phased action" and there is no "related action" to the project, there is no cumulative potential negative environmental effect. 19. No anticipated future project will have a cumula- tive potential negative environmental effect. 20. Written responses to the EAW have been received from Metropolitan Council, Minnesota Department of Natural Resources, Minnesota Historical Society, i Minnesota Department of Transportation, Department of the Army, Corps of Engineers, and Minnesota Pollution Control Agency, and none of such written comments indicates any significant adverse environ- mental effect of the project or suggests that the project has a potential for significant environ- mental effects or requires an environmental impact statement. RAP2 9130-2 11-3-87 #! -5-