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HomeMy WebLinkAboutCity Council - 11/01/1988AGENDA CITY COUNCIL STAFF: EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL'COUNCIL CHAMBERS, 7600 Executive Drive Mayor Gary Peterson, Richard Anderson, George Bentley, Jean Harris, and Patricia Pidcock City Manager Carl J. Jullie, Assistant to the City Manager Craig Dawson, City Attorney Roger Pauly, Finance Director John D. Frane, Director of Planning Chris Enger, Director of Parks, Recreation & Natural Resources Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Deb Edlund TUESDAY, NOVEMBER 1, 1988 COUNCILMEMBERS: PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES III. CONSENT CALENDAR A. Clerk's License List Page 2499 B. Authorization to Suburban Associates (Suburban National Bank Page 2500 I.D.R. Bond) to Place a Second Mortgage on Their Property C. Change Order No. 1 for Commuity Center Phase II Repair Page 2501 D. Approve Bids for Well at Franlo Park Page 2512 E. Final Plat Approval of Wyndham Nob 2nd Addition (located south Page 2513 of 62nd Street and east of Dell Road) Resolution No. 88-242 F. Final Plat Approval of Crosstown Prairie Addition (located south Page 2516 of 62nd Street and west of Industrial Drive) Resolution No. 88-74-17 G. Change Order No. 1 Legion Park, I.C. 52-133 Page 2519 H. Change Order No. 2 Mitchell/Research Road I.C. 52-051 Page 2520 I. CHESTNUT PLACE by Chestnut Place Partners. 2nd Reading of Page 2522 Ordinance No. 44-88, Zoning District Change from RM-2.5 to Neighborhood Commercial; Approval of Developer's Agreement for Chestnut Place; and Adoption of Resolution No. 88-248, Authorizing Summary of Ordinance No. 44-88 and Ordering Publication of Said Summary. 1.69 acres into 1 lot for construction of a 8,208 square foot commercial center. Location: Northeast corner of Anderson Lakes Parkway and Chestnut Drive. (Ordinance No. 44-88, Rezoning; Resolution No. 88-248, Authorizing Summary and Publication) City Council Agenda - 2 - Tues.,November 1, 1988 J. DATASEd II by Opus Corporation. 2nd Reading of Ordinance No. 4U-8B-PUD-11-88, Planned Unit Development District Review on 17.4 acres with a waiver for office use up to 100% within the 1-2 Zoning District, Zoning District Change from Rural to 1-2 on 7.4 acres; Approval of Supplement 4 to Developer's Agreement for DataServ II; and Adoption of Resolution No. 88-249, Authorizing Summary of Ordinance No. 40-88-PUD-11-88 and Ordering Publication of Said Summary. 17.4 acres into 1 lot for construction of additional parking spaces for the Dataserv Headquarters. Location: South of Technology Drive, east of Prairie Center Drive. (Ordinance No. 40-88-PUD-11-88, PUD District and Rezoning; Resolution No. 88-249, Authorizing Summary and Publication) K. REDBURN BUILDING, by Bud Redburn Insurance Agency, Inc. 2nd Reading of Ordinance No. 45-88, Zoning District Change from Rural to Office on 0.58 acres; Approval of Developer's Agreement for Redburn Building; and Adoption of Resolution No. 88-250, Authorizing Summary of Ordinance No. 45-88 and Ordering Publication of Said Summary. 2.33 acres into 2 lots and road right-of-way for construction of a 3,000 square foot office building. Location: East of Terrey Pine Drive, south of Highway #5, east of Burger King. (Ordinance No. 45-88, Rezoning; Resolution No. 88-250, Authorizing Summary and Publication) L. PRAIRIE VIEW II by Curt Johnson Properties, Inc. 2nd Reading of Ordinance No. 43-88, Zoning District Amendment within the C- Regional Service Zoning District on 2.17 acres; Approval of Developer's Agreement for Prairie View II; and Adoption of Resolution No. 88-251, Authorizing Summary of Ordinance No. 43-88 and Ordering Publication of Said Summary. 12,658 square foot retail/office use. Location: North of Plaza Drive, east of the Prairie View Shopping Center. (Ordinance No. 43-88, Rezoning; Resolution No. 88-251, Authorizing Summary and Publication) M. WYNDHAM NOB 2ND ADDITION by Burl Corporation. 2nd Reading of Ordinance No. 46-88, Zoning District Change from Rural to R1-9.5 on 7.2 acres and from Rural to R1-13.5 on 18.9 acres; Approval of Developer's Agreement for Wyndham Nob 2nd Addition; and Adoption of Resolution No. 88-252, Authorizing Summary of Ordinance 46-88 and Ordering Publication of Said Summary. 27.2 acres into 41 single family lots, 3 outlots, and road right-of-way. Location: South of Townline Road, east of Chennault Way within Hidden Glen 3rd Addition. (Ordinance No. 46-88, Rezoning; Resolution No. 88-252, Authorizing Summary and Publication) N. CROSSTOWN PRAIRIE OFFICE WAREHOUSE by Gary A. Hilden. 2nd Reading of Ordinance No. 47-88, Zoning District Amendment within the 1-2 District on 1.89 acres; Approval of Developer's Agreement for Crosstown Prairie Office Warehouse; and Adoption of Resolution No. 88-253, Authorizing Summary of Ordinance No. 47-88, and Ordering Publication of Said Summary. 1.89 acres for construction of a 19,216 square foot office warehouse. Location: South of County Road 67, east of Nine Mile Creek, north of the Chicago, Milwaukee, St. Paul 81 Pacific Railroad. (Ordinance No. 47-88, Zoning Amendment; Resolution No. 88-253, Authorizing Summary and Publication) Page 2529 Page 2536 Page 2543 Page 2550 Page 2558 City Council Agenda - 3 - Tues.,November 1, 1988 O. BLUESTEM HILLS 5TH ADDITION by Brown Land Company. 2nd Reading of Ordinance No. 48-88-PUD-I3-88, PUD District Review on 15.92 acres with waivers, Zoning District Amendmegt within the R1-13.5 Zoning District from Rural to R1-13.5 on 2.26 acres; Approval of Developer's Agreement for Bluestem Hills 5th Addition; and Adoption of Resolution No. 88-254, Authorizing Summary of Ordinance No. 48-88-PUD-13-88, and Ordering Publication of Said Summary. 15.92 acres into 15 single family lots, 3 outlots, and road right-of-way. Location: West of Bluestem Lane, north of Purgatory Creek. (Ordinance No. 48-88-PUD-13-88, PUD District, Zoning District Amendment, and Rezoning; Resolution No. 88-254, Authorizing Summary and Publication) Page 2565 IV. PUBLIC HEARINGS A. HIWAY 494/CROSSTOWN RACQUET, SWIM AND HEALTH CLUB by Page 2575 Northwest Racquet, Swim and Health Club, Inc. Request for Zoning District Change from Rural to Community Commercial on 2.2 acres and Zoning District Amendment within the Community Commercial District on 9.73 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 9.73 acres into one lot, and 6.4 acres into one lot, one outlot, and road right-of-way for construction of a 21,500 square foot addition to the health club and an additional parking lot. Location: East of Baker Road, north of Holasek Lane. (Ordinance No. 51-88, Rezoning and Zoning District Amendment; Resolution No. 88-255& 256, Preliminary Plats) B. VACATION 88-10 Vacation of Drainage and Utility Easements within Page 2590 Welters Purgatory Acres 2nd Addition [solution No. 88-244T— C. VACATION 88-11 Vacation of Drainage and Utility Easements within Page 2591 Lots 12 II & 14 Block 2 Welter Purgatory Acres 1st Addition TI-lolution No. 88--2TTY- V. PAYMENT OF CLAIMS Page 2592 VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for City Approval of Charitable Gambling License from the Hockey Association of Eden Prairie (Continued-TT-Oil-10717a) B. Request by M.T.S. for an Early Grading Permit to Commence Soils Corrections in Connection with Proposed Building Expansion C. Request from School District to Install Bypass Lanes on CSAH 1 at New ETerintary School Site -- Authorize Feasibility Study, I.C. 52-155 (Resolution No. 88-246) VIII. REPORTS OF ADVISORY COMMISSIONS Page 2600 Page 2601 Page 2602 IX. APPOINTMENTS City Council Agenda - 4 - Tues.,November 1, 1988 X. REPORTS OF OFFICERS BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Schedule Time for Special City Council Meeting for Presentation by MAC (Metropolitan Airports Commission) on Proposed Airport Expansion 2. Reschedule City Council meeting from December 6 to December 13 1988 C. Report of City Attorney D. Report of Director of Planning E. Director of Parks Recreation & Natural Resources 1. Purchase of Janikula Property Page 2604 2. Red Rock Lake Surface Management Ordinance Page 2620 3. Mitchell Lake Surface Management Ordinance Page 2628 F. Report of Director of Public Works 1. Receive Bids and Award Construction Contract for Trunk Watermain Extension, Eden Prairie Road (CSAH 4I -and Pioneer Trail (CSAH 52 -1477Resolution No. 88-247) G. Report of Finance Director 1. Set Date for the Sale of $9,800,000 General Obligation Improvement Bonds —Tgisolution No. 88-241) IX. NEW BUSINESS X. ADJOURNMENT Page 2634 LQ at Solie Licensing CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST November 1, 1988 CONTRACTOR (MULTI-FAMILY & COMM.) Concord Builders Englo General Contractors Lecy Construction Tex-Sota Construction, Inc. Earl Weikle & Sons, Inc. Welch's Concrete CONTRACTOR (1 & 2 FAMILY) Arbuckle Construction, Inc. Butler Housing Ccrporation Colson Construction, Inc. Eagan Pool & Spa Jadco Construction Jensen Homes, Inc. Arden Nelson G. M. Northrup Construction HEATING & VENTILATING Blaine Heating & Air Conditioning GAS FITTER Air Comfort, Inc. Schwab-Vollhaber-Lubratt Corporation SEPTIC SYSTEMS Jim's Excavating RETAIL CANDY OUTLET Morrow's Nut House These licenses have been approved by the department heads re s p o n s i b l e f o r the licensed activity. TO MAYOR AND COUNCIL FROM: JOHN FRANE DATE: OCTOBER 24,1988 RE: SECOND MORTGAGE REQUEST FOR THE SUBURBAN NATIONAL BANK PROJECT (SUBURBAN ASSOCIATES) THE CITY ISSUED AN INDUMIAL DEVELOPMENT REVENUE BOND FOR THIS PROJECT IN 1980 IN THE AMOUNT OF $1,250,000. THE ISSUE WAS A PRIVATE PLACEMENT AS ONE LOAN. THE FIRST LENDER DOES NOT OBJECT TO A SECOND MORTGAGE AND BECAUSE OF THE PRIVATE SALE THE CITY SHOULD HAVE NO OBJECTION. THE SECOND MORTGAGE WILL NOT BE AN IDR ISSUE. ( )560 MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natural Resources he--•'" DATE: October 26, 1988 SUBJECT: Change Order No. 1 for Phase II Partial Repairs to the Eden Prairie Community Center Enclosed is a copy of Change Order No. 1 for the second phase of the Community Center and an October 12th letter from Wally Daniels, Project Manager, explaining the requests for this Change Order. You will note that Change Order No. 1 includes a request for $1,725 for additional mortor required for a change required by the Building Inspections Department, and $6,701 for a change to the painting contract within the ice arena. Staff recommends approval of Change Order No. 1 in the amount of $8,426. BL:mdd 101 I Nicol.? Mall Minneapolis Minnesota 5,403 2491 612/338 8741 FAX 612/338 4849 American insiolute of Architects Nahona/ Socfely of Prolessofnal Engineer. An Equal Opponunity Employer Setter, Leach & Lindstrom Inc. Architects Engineers Planners October 12, 1988 Bob Lambert Director of Community Services Eden Prairie City Hall 7600 Executive Drive Eden Prairie, MN 55343 Re: City of Eden Prairie Phase II, Partial Repairs to the Eden Prairie Community Center Dear Bob: Per your request I am enclosing with the Change Order a letter explaining the contents of this change. Supplemental Instruction No. I was issued at the request of the Eden Prairie Inspections Department. This instruction would relocate a portion of the masonry wall below grade so that it aligned directly with the wall above grade. Making this change resulted in a 1" thicker cavity between the new outside wythe of masonry and the existing inner wythe which was necessarily filled with mortar. The contractor requested a change in the Contract of $1,725 to account for providing this additional mortar in this cavity. Proposal Request No. 2 was issued to accomplish two items, provide additional paint removal and to modify the paint specification. In order to insure that good bond would exist between the new paint coating and the existing surfaces, the specifications required a water blast preparation of the existing surface to remove flaked and chipped paint and then an adhesion test of the new coating over the existing surfaces. Water blasting removed a great deal of the existing paint throughout the rink due to its rather severe deterioration. Water blasting did not however, remove paint on the south and west walls which had been recently painted by the City Staff. Several areas in the room were selected for paint adhesion tests, two of which were over this relatively recently painted surface on the south and west walls of the rink. The paint adhesion test showed that the new coating specified was adhering to the top most layer of recently applied existing paint, but that there was insufficient paint adhesion between previously applied paint layers to support the new coating. For this reason a proposal request was issued to require the contractor to apply a chemical stripper to these walls to remove the existing paint to the point where good adhesion could be expected. Bob Lambert October 12, 1988 Page 2 The second item of Proposal Request No. 2 changed the type of epoxy coating from an epoxide to an epoxy coating. This was done because the pint manufacturer had recently changed their marketing strategies, which eliminated the blue color which matched the existing blue on the walls. Therefore, the only way to insure that the blue paint applied to the inside of the rink would actually match the original blue paint was to modify the specification to a more expensive and more difficult product to apply. The total of these two items required by Proposal Request No. 2 is $6,701. I hope that this explains the nature of these changes. If however, you have any questions please do not hesitate to call. Sincerely, Co-rn SA--7taiyire Walter •Aaniels Project Manager vkc (p-6) 1848.002.06-1 Encl. 250'3 • 'CHANGE ORDER AM DOCDAILNI (70/ 1)ktobution to OWNIC Al:( 11111( I (ONTRA( )01: 111-11) ODOR PROJECT Phase II, Part. Repairs to (name. address) Eden Prairie Community Ctr. Eden Prairie, Minnesota TO (Contractor) ( I IAN( ,1 ORDER NUMISIk: 1 (Revised) INITIATION DATE: September 29, 1988 ARCI II LEO'S PROJECT NO: 1848.002.06-1 Watson-Forsberg Company 252 South Plaza Building [Minneapolis, MN 55416 CONTRACT FOR CON IRACT DATE: General Construction August 10, 1988 You are directed to make the following changes in this Contract: 1. Provide the work required by Architect's Supplemental Instructions No. 1. ADD: $1,725.00 2. Provide the work required by Proposal Request No. 2. ADD: 6,701.00 TOTAL ADD: $8,426.00 ATTACHMENTS: Watson-Forsberg Co. letter dated September 23, 1988. Proposal Request No. 2 dated September 14, 1988. Architect's Supplemental Instructions No. 1 dated August 22, 1988. Not ally! until ,igned by both the (),,ner and Arc -1.1,qt Srcri.i Lire ot the rontrm tor I odi n M., .n ,:wrini•Til ho•11 ,nnn 1 •nnn .,d,“.11 n 11•til .11 ( tullut I ....II, il l I Ione.. The original (Contract SUM) IthlittlIrtft,t4 -0,4etm—ctsil was 410,000.00 Net change by previously authorized Change Orders 0.00 The (Contract Sum) (Cputmr h.-eel-MrreerrirmrEn4i) prior to this Change Or d e r w a s $ 410,000.00 The (Contract Sunn (Ciorir.rnse.ed-Silrinrtrrrr .6.ml will be (increased) irierrr;rrdrItmths10,Td) by this Change Order 8,426.00 The new (Contract Sum) (Crteararrterd-Marrrtarireers-0 including this Chang e O r d e r w i l l h e $ 418,426.00 The Contract Time will be (rrnTenle.cil (tie r:red (unchanged) bY I Days The Date of Substantial Completion as of the date of this Chanv Order th e r e f o r e i s unchanged Setter, Leach & Lindstrom, Inc. Watson-Forsberg Company Y011 u Nicollet Mall MN55403 _ eiineapolis, MN 55416 /r4T#11/ DATE Zeg/66 AIA 13000 ktlN I C701 • CII tINCE OR Of Ft • AO:II PGA Din( %Is• • O. Ito;ft Till AA111:1( \ N INN' I IOU Of ,\ 11111 f IC It 1. N.1 \V 1i IRA 551 Nis iVViii\i.tiiN1)( 21110,, Atithon7ed: City of Eden Prairie NOV Executive Drive taw Prairie. MN 55344-3677 G701 —1978 11 ihun Arrr I IA If MI( lee F. M‘‘tt General Contractors WATSON-FORSBERG CO, 252 South Plaza Stda • Mnneopolts MI 55416.612 544 7761 September 23, 1988 Mr. Wally Daniels SETTER, LEACH & LINDSTROM. INC. 1011 Nicollet Mall Minneapolis, MN 55403 RE: EDEN PRAIRIE COMMUNITY CENTER Partial Repairs - Phase II Dear Wally: Per your letter dated September 12. 1988 and your Pr o p o s a l Request No. 2 dated September 14, 1988, enclosed is a c o p y o f a letter from our painting subcontractor, S & V Painting, s h o w i n g additional costs involved and his breakdown. The amount to be added to our contract would be $6,091. 7 8 p l u s contractor's overhead and profit for a total add of $6,7 0 1 . 0 0 . If you are in agreement with the above, please issue a c h a n g e order for this amount. Yours very truly, 2SOS WATSON-FORSBERG CO. CMC:d PAINTING, INC. 2901 Fourth Street Southeast Minneapolis, Minnesota 55414 612 • 623-3019 September 20, 1988 Watson-Forsberg 252 South Plaza Building Minneapolis, Minnesota 55416 Attention: Charlie McCarthy RE: Eden Prairie Community Center - breakdown of extra labor on striping the existing paint, not to exceed $6,000.00. (Blue wall) Dear Charlie, Enclosed you will find the labor breakdown : Week-end time and a half 53 hours at $52.50/hr $2782.50 Normal hours 16 hours at $35.00/hr 560.00 Material- striper - 30 gal. at $43.73/gal 1311.90 Rental of power washers - 3 days, 255.75 Trucking 1 20.00 Small tolls 139.63 Misc. equipment 20.00 Supervision 252.00 TOTAL COST Guaranteed Maximum Savings for CO based on time and material Also add $750.00 for change from epoxide to epoxy. Letter dated 9-13-88. We will include this amount on the statement of contract account, #2. If you have any questions, please contact me. Yours truly, PWV Phil Volby SU Painting, Inc. PV;Iv $5341.78 6000.00 1-6516:22 $5341.78 750.00 $6091.78 0(, 7 PROPOSAL • REQUEST . AM DOCUMENT G709 OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: Phase II, Partial Repairs to (name, address) Eden Prairie Community Ctr. Eden Prairie, Minnesota City of Eden Prairie TO: (Contractor) r—Watson-Forsberg Company 252 South Plaza Building Minneapolis, MN 55416 PROPOSAL REQUEST NO: 2 DATE: September 14, 1988 —1 ARCHITECT'S PROJECT NO: 1848.002.064 CONTRACT FOR: General Construction OWNER: 1 CONTRACT DATED: August 10, 1988 Please submit an itemized quotation for changes in the Contract Sum and/or Time incidental to proposed m o d i l i c a lions to the Contract Documents described herein. THIS IS NOT A CHANGE ORDER NOR A DIRECTION TO PROCEED WORK DESCRIDED HEREIN Description: mutt,n deicrrption ol the World DRAWING 1 - FIRST LEVEL FLOOR PLAN. 1. Refer to Plan 1, Room E125 (ice arena). Chemically remove existing paint on portion of south wall from floor to thirteen (13) block courses above floor and portion of west wall from floor to thirteen (13) courses above floor, from southwest corner of room to north end of existing hockey bench. Provide pric:, as "labor and materials, guaranteed not to exceed." (Continued on Page 2) Attachments: ILIst attached dxurnents that support deletion.) None. ARCHaE . . i4r TIER, LEAC 8, LINC6TROM, ININC...RETURN A COPY OF THIS FORM ATTACHED BY: TO THE ITEMIZED QUOTATION , &4(Ze, AIA DOCUMENT G709 • MOPE/SAE REQUEST • Arita I n170 1.1)1IttsN • NAN • or 1,711 • 1111 AMERICAN INSTITUTE OF ARCHITECTS, 1 735 NEW YORK AVE., NW. WASHINGTON. D.C. T00% CM/ l'Af.1 2.c..)cn Proposal Request No. 2 Comm. No. 1848.002.06-1 ' Page 2 __ 2. Refer to Plan 1, Rooms E103, E109 and E 1 2 5 . At southwest wall of Room E103, east, wes t a n d s o u t h w a l l s o f E 1 0 9 , a n d e a s t w a l l of Room E125, in place of specified paint s y s t e m a f t e r w a l l h a s b e e n p r e p a r e d f o r painting, apply one (1) coat Glidden 5317 a c r y l i c b l o c k f i l l e r o v e r a r e a s o f b a r e concrete block. Prime entire wall su r f a c e w i t h o n e ( 1 ) c o a t G l i d d e n 5 1 1 6 Insul-Aid and apply two (2) coats Glid d e n 5 4 3 0 / 5 4 3 4 e p o x y i n c o l o r t o m a t c h existing (blue). Setterach & Lindstrom, I i cv, 7 ISSU / ED A / Rit,Lon -Fnrchrrg_f_onipan,y ACCEPTED: BY BY Owner Architect Consultant Contractor Field MA DOCUMENT G710 (Instructions on reverse side) Other PROJECT: Phase II, Part. Repairs to ARCHITECT'S SUPPLEMENTAL (name, address) Eden Prairie Community Ctr. INSTRUCTION NO: 1 Eden Prairie, Minnesota OWNER: City of Eden Prairie DAIL 01 IsSUANCE: August 22, 1988 TO: Watson-Forsberg Company ARCHITECT: Setter, Leach F. Lindstrom, Inc. (Contractor) 252 South Plaza Building 1011 Nicollet Mall Minneapolis, MN 55416 Minneapolis, MN 55403 CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO: 1848.002.06-1 The Work shall be carried out in accordance with the following supplemental instructions issued in accord- ance with the Contract Documents without change in Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor change to the Work as consistent with the Contract Documents and return a copy to the Architect. Description: 1. DRAWING 7 - DETAILS. Refer to Detail 17/7. Reposition 4" concrete block Type 3 so that block face is flush with face of new veneer masonry. Fill space between existing construction and new 4" concrete block Type 3 with mortar. 2. DRAWING 8 - FRAME TYPES, DETAILS. Refer to Detail 7/8, 8/8, 12/8, and 13/8. Reposition 6" or 10" concrete block Type 3 so that block face is flush with face of new veneer masonry. Fill space between existing construction and new 6" or 10" concrete block Type 3 with mortar. Attachments: Mere onset lostsng ol documents that 'lemon dentouron None ARCHITECT'S . SUPPLEMENTAL INSTRUCTIONS Alchitect Contractor Date AIA DOCUMENT G710 • ARCHITECT'S CUPPITMENTAE INSTRUCT If 'NS • MARCH i9T' till I NiH • AIM. C1979 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW SOCK AVE , NW, wAstiiNcEON. D.C. 20006 G7I0 — 1979 General Contractors WATSON-FORSBERG CO. 252 South Plaza Bldg • Minneapolis Mn 55416.612 544 • 7761 August 30,_1988 Mr. Maly Daniels SEWER LEACH & LINDSTROM, INC. 1011 Nicollet Mall Minneapolis, MN 55403 RE: Supplemental Instructions No. 1 EDEN PRAIRIE COMMUNITY CENTER Dear Mr. Daniels: Per our telephone conversation, enclosed is a copy of Hollenback & Nelson's letter regarding the change in the scope of work as reques t e d by Supplemental Instruction No. I. Detail numbers as listed on drawi n g s No. 7 and 8 are changed to require additional labor and material. I also discussed the proposed change In the type of wall ties to be used below grade as suggested by David Nelson to Carl Ermisch of your office which could offset some of the extra costs involved. Mr. Nelson had second thoughts about that construction procedure and would build the wall using specified producls. Per Mr. Nelson's letter, the change in the scope of work would cost $1,586.00 plus General Contractor's OH&P of 10% for a total change to the contract of $1,725.00. Please advise of your action regarding this matter. Yours very truly, WATSON—FORSBERG CO. CFM:d Enclosure HOLLENBACK & NELSON INC. MASONRY CONTRACTORS 7700 WENTVVORTH AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55423 861-7291 August 29, 1988 Watson-Forsberg Company 252 South Plaza Building Minneapolis, MN 55416 Re: Phase II repairs to Eden Prairie C o m m u n i t y C e n t e r , architect's supplemental instruction N o . 1 Attn: Mr. Charles McCarthy Dear Sir: Additional mortar and labor required t o f i l l s p a c e b e t w e e n e x i s t i n g c o n s t r u c t i o n and new 6" or 10" foundation block will cost $ 1 , 5 8 6 . 0 0 i n e x c e s s o f c o n t r a c t a s follows: 1,400 SF 6" & 10" foundation block () .35 S 490.00 1,400 SF 6" & 10" foundation block 0 •60 952.0J Labor 144.00 Profit $1,586.00 Very truly yours, HOLLENBACK & NELSON, INC. David H. Nelson MEMORANDUM TO: Mayor and City Council THRU: Bob Lambert, Director of Parks, Recreation & Natural Resources FROM: Stuart A. Fox, Environmental Services Manager a°C DATE: October 26, 1988 SUBJECT: Well at Franlo Park In August the City Council approved the spending of funds for the in s t a l l a t i o n of a well and irrigation system at Franlo Park. In the past month t h e s t a f f has been researching and soliciting quotes for the installation of a 6 " w e l l to provide water for the irrigation system. The specifications fo r t h e w e l l includes a 300 foot deep well, 20 horsepower 3 phase motor with a m i n i m u m pumping capacity of 120 gallons per minute at 90 pounds of pressure. Three well drillers were contacted and the following is a summary of t h e i r b i d prices: Associated Well $12,548.50 Rogers Wells no bid Bob Stodola Well $13,628 Based on the prices, the staff recommends that Associated Well Dri l l e r s b e awarded the well contract For Franlo Park. SAF:mdd CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-242 A RESOLUTION APPROVING FINAL PLAT OF WYNDHAM NOB 2ND ADDITION WHEREAS, the plat of WYNDHAM NOB 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 WYNDHAM NOB 2ND ADDITION is approved upon compliance with the recommendation of the City Engineer's report on this plat dated OCTOBER 26, 1988. 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 1, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk FROM: Jeffrey Johnson, Engineering Technicia DATE: October 26, 1988 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 SUBJECT: WYNDHAM NOB 2ND ADDITION PROPOSAL: The Developers, New Concept Homes, h a v e r e q u e s t e d C i t y C o u n c i l approval of the final plat of Wyndham No b 2 n d A d d i t i o n , a s i n g l e f a m i l y residential subdivision located south o f W e s t 6 2 n d S t r e e t a n d e a s t o f Dell Road in the north half of Section 6 . T h e p l a t c o n t a i n s 2 7 . 2 a c r e s to be divided into 41 single family lots , t h r e e o u t l o t s a n d r i g h t - o f - w a y dedication for street purposes. Outlots A, B and C contain 8.87, 0.46. and 0.23 acres respectively. Ownership of Outlot A will be transferre d to the City via warranty deed. Ownership of Outlots B and C will be retained by the Developer to be combined i n t h e f u t u r e w i t h L o t s 3 2 a n d 33, Block 1 of Wyndham Knoll Addition. HISTORY: The preliminary plat was approved by th e C i t y C o u n c i l O c t o b e r 4 . 1988 per Resolution No. 88-225. Second reading of 0 ,dinance No. 46-88, changing zoning from R u r a l t o R I - 13.5 on 18.9 acres and from Rural to R 1 - 9 . 5 o n 7 . 2 a c r e s , i s s c h e d u l e d for final reading and approval at the C i t y C o u n c i l m e e t i n g t o b e h e l d November 1, 1988. The Developer's Agreement referred to w i t h i n t h i s r e p o r t i s s c h e d u l e d for execution November 1, 1988. VARIANCES: All variance requests not approved wi t h t h e z o n i n g d i s t r i c t change must be processed through the Board of Appeals. UTILITIES AND STREETS: All municipal utilities, roadways and w a l k w a y s w i l l b e installed throughout the plat in conf o r m a n c e w i t h C i t y S t a n d a r d s a n d the requirements of the Developer's Agre e m e n t . In a letter from Hennepin County, Depart m e n t o f T r a n s p o r t a t i o n , t h e y h a d requested dedication of a 7' x 200' tri a n g l e t o a c c o m o d a t e a b i k e t r a i l along West 62nd Street. Prior to releas e o f t h e f i n a l p l a t , p l a t s h a l l be revised to include this triangle a n d r i g h t - o f - w a y d e d i c a t i o n f o r County Road 62. r. / Page 2 of 2 WYNDHAM NOB 2ND ADDITION Prior to release by the City of the final plat for the prope r t y , Developer shall submit to the City Engineer, and obtain the C i t y Engineer's approval of plans for streets, sanitary sewer, water, s t o r m sewer and erosion control for the property. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: Bonding for municipal utilities and streets must be provided pr i o r to release of the final plat and conform to City Code a n d t h e Developer's Agreement requirements. RECOMMENDATION: Recommend approval of the final plat of Wyndham Nob 2nd Addition subject to the requirements of this report, the Devel o p e r ' s Agreement and the following: I. Receipt of street sign fee in the amount of $676.00. 2. Receipt of street lighting fee in the amount of $5,076.00. 3. Receipt of engineering fee in the amount of $1,640.00. 4. Receipt of warranty deed for Outlot A. 5. Satisfaction of bonding requirements. 6. Revision of plat to show additional right-of-way dedication along West 62nd Street. 7. City Engineer approval of construction plans. 8. Revision of plat to include standard drainage and utility easement around the perimeter of Outlots B & C. JJ:ssa cc: Bob Bjorkland, New Concept Homes James R. Hill 1115- CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-243 A RESOLUTION APPROVING FINAL PLAT OF CROSSTOWN PRAIRIE ADDITION WHEREAS, the plat of CROSSTOWN PRAIRIE ADDITION has been su b m i t t e d i n a manner required for platting land under the Eden Prairie Ordin a n c e C o d e a n d under Chapter 462 of the Minnesota Statutes and all proceedi n g s h a v e b e e n duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City p l a n a n d t h e regulations and requirements of the laws of the State of M i n n e s o t a a n d ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F E D E N P R A I R I E : A. Plat approval request for CROSSTOWN PRAIRIE ADDITION is appro v e d upon compliance with the recommendation of the City Enginee r ' s report on this plat dated OCTOBER 27, 1988. B. That the City Clerk is hereby directed to supply a certified c o p y o f this Resolution to the owners and subdivision of the above n a m e d plat. C. That the Mayor and City Manager are hereby authorized to execu t e t h e certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on NOVEMBER 1, 1988. 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, 1988 SUBJECT: Crosstown Prairie Addition (2A. PROPOSAL: The owners, A & H Welding and Manufacturing Company , h a v e r e q u e s t e d City Council approval of the final plat of Crosstown P r a i r i e A d d i t i o n . The plat is located south of County Road 67 and east o f N i n e M i l e C r e e k in the north half of Section 3. The plat contains 1 . 8 9 a c r e s t o b e platted into one lot and right-of-way dedication fo r C o u n t y R o a d 6 7 . This request for platting comes in connection with t h e o w n e r s p r o p o s a l to construct a 19,200 square foot building for the c o n t i n u e d o p e r a t i o n of A & H Welding and Manufacturing and an additional s p a c e f o r o f f i c e / warehouse uses. HISTORY: The preliminary plat was approved by the City Counc i l O c t o b e r 4 , 1988 per Resolution No. 88-226. This property was zoned 1-2 in 1969 per Ordinance No. 1 3 5 . The Developer's Agreement referred to within this r e p o r t i s s c h e d u l e d for execution November 1, 1988. VARIANCES: All variance requests must be processed through th e B o a r d o f Appeals. UTILITIES AND STREETS: All municipal utilities and streets are currently i n place and available to serve this site. Prior to release of the final plat the Develope r s h a l l p r o v i d e a drainage and utility easement across that porti o n o f t h e p r o p e r t y located between Nine Mile Creek and the parking area . A d d i t i o n a l l y , t h e Developers shall provide the City with a written s c e n i c e a s e m e n t o v e r the said area. PARK DEDICATION: Park dedication will conform to the requirements o f C i t y Code and the Developer's Agreement. Page 2 of 2 CROSSTOWN PRAIRIE ADDITION BONDING: Bonding shall conform to the requirements of City Code and the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Crosstown Prairie Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of street lighting fee in the amount of $270.00. 2. Receipt of engineering fee in the amount of $250.00. 3. Submission of plans for streets, sanitary sewer, water, storm sewer and erosion control for the property to the City Engineer and receive the City Engineer's approval of the plans. 4. Receipt of scenic easement over the property abutting the Nine Mile Creek. JJ:ssa cc: A & H Welding and Manufacturing, Gary Hilden Ron Krueger & Associates 9.1)-3 CHANGE ORDER NO. 1 I.C. 52-133 LEGION PARK UTILITIES TO: Northdale Construction Company, Inc. The City proposes to make the following additions to thi s c o n t r a c t : NATURE OF ADDITIONS 1. Construction occurred within the buffer zone of an exist i n g s u b d i v i s i o n . Replacement trees shall be furnished and installed wit h i n t h i s b u f f e r zone. ADJUSTMENTS TO CONTRACT-COSTS 1. Add the following quantities and costs to the contract: 1-1/2" Green Ash 25 trees @ $175.00/tree • $ 4,375.00 7 Colorado Green Spruce 9 trees @ $240.00/tree • $ 2,160.00 • $ 6,535.00 TOTAL SUMMARY OF CONTRACT ADJUSTMENT Contract Amount Prior to this Change Order Net Increase Resulting from this Change Order Current Contract Amount Including this Change Order THE ABOVE CHANGES ARE APPROVED City of Eden Prairie By Date THE ABOVE CHANGES ARE ACCEPTED Northdale Construction Company, Inc. By $115,749.74 $ 6,535.00 $122,284.74 Date CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: See "Contract Time"•on Page 2 Original Contract Price $ 1,314,379.50 Previous Change Orders No. 1 to No $ 43,236.35 Contract Price prior to this Change Order $ 1,357,615.85 Net Increase (xIirorkaNe)of this Change Order 77,710.00 Contract Price with all approved Change Orders $ 1.435.325.85 RECOMMENDED: APPROVED APPROVED: by by ' Commow Date of Issuance October 26, 1988 ruye 1 cyr e 2 No PROJECT: Mitchell/Research Road Improvements - I.C. 52- 0 5 1 West 76th Street Sidewalk Improvements - I.C. 5 2 - 1 1 0 OWNER: City of Eden Prairie (Name, 7600 Executive Dr. Addrcss) Eden Prairie, MN 55344 CONTRACTOR: Northdale Construction Co. 14450 Northdale Blvd. Rogers, MN 55374 . ENGINEER: Rieke Carroll Muller Assoc., Inc. CONTRACT FOR: Sanitary Sewer, Storm Sewer, Watermain and Street Improvements on Mitchell/ Research Road and Sidewalk Improvements on ENGINEER'sProjectNo 831015-2 You are directed to make the following changes in the C o n t r a c t D o c u m e n t s . Description: Construction of 12" D.I.P. Wastermain Extension a n d R e l a t e d A p p u r t e n a n c e s on North Side of Hennepin County Road No. 1 I.C. 52-149 Purpose of Change Order: Change in Contract Price Attachments: (Listdocumentssupportmgchange) Project Manual Specifications, Project Drawing 1 of 1 and Change Order No. 2 Quantity and Co s t P r o p o s a l . EJCDC No. I910 -8 -B (1983 Edition) Prepared by the Engineers Joint Contract Documents Commit t e e a n d e n d o r s e d b y T h e A s s o c i a t e d G e n e r a l C o n t r a c t o r s o f A m e r i c a . 701.'1:1)0 2 of 2 CHANGE ORDER NO. 2 TRUNK WATERMAIN EXTENSION HENNEPIN COUNTY ROAD NO. 1 PROPOSAL FORM I.C. 52-149 Hem Item Descriotion Unit Quantity Unit Price Amount 1 12' DIP Waterrnain LF 1775 S :-V: 0° $ Lk- I ST (-M 2 8" DIP Watermain LF 10 S !E.- Cc) $ / cC , . CC) 3 6" DIP Watermain LF 10 $ IS-. CO $ / S-C CO 4 12" Butterfly Valve and Box EA 3 $ 'C''(.'• CC $ <NCO 00 5 8" Gate Valve and Box EA 1 ----!Li q. c0 CO $ ,t) CO 6 6' Gate Valve and Box EA I $ 35C) 03 $ 3 5.) . C.X.) 7 Hydrant w/ Gate Valve, Box and 6" DIP Hydrant Lead EA 5 $ I ?.50 CO $ (*2 -0 .00 8 I" Curb Stop and Box EA 11 $ C) CC co 9 3/4" x 1" Corporation Cock EA 11 5 --- r) 00 $ ,Z2r.. OD 10 1" Copper Service LF 100 $ if . CO $ Cl;Z), C., 11 Air Release Manhole Complete EA 1 $ -..nrC CO $ 27cfn CC: 12 Watermain Fittings LB 3000 S 1 ,00 $ 3CCID.C ,U 13 Aggregate Base Class 3 for Shoulders (C.V.) TON 280 5 111S- $379() 00 14 Aggregate Surface Class 1 for Shoulders (C.V.) TON 140 $ II r)C- $ IGLIc-CO 15 Bituminous Driveway Restoration SY 100 $ It `)-C..-) $11STVC(, 16 Granular Driveway Restoration SY 150 $ r) SID s il?c.0C, 17 Bituminous Roadway Restoration (Starring Lane East) SY 150 $ I .0C-)s -:"--)c;(• cc, 18 Topsoil, Seed and Mulch ACRE 0.25 S -ca' CL $ cco 19 Topsoil and Sod SY 1600 $ I cic S 717..*C' CO 20 Erosion Control IS 1 $ -.)-•,•,-("' CO $ )-:-r N. 21 Eden Prairie Sand and Gravel Bedding TON 25 $ TOTAL BASE BID CONTRACT TIME The completion dates for trunk watermain extensio n H e n n e p i n C o u n t y R o a d N o . I ( L C . 5 2 - 149) shall be as follows: Substantial Completion - December I, 1988 Final Completion - June 15, 1989 The Contract Time for I.C. 52-051 and Golden Triangle Dr. (I.C. 52-11 0 ) a r e unchanged by this Change Order. ar)al Chestnut Place CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 44-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the RM-2.5 District and be placed in the Neighborhood Commercial District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the RM-2.5 District and shall be included hereafter in the Neighborhood Commercial District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 1, 1988, entered into between Chestnut Place Partners, a Minnesota Partnership, and the City of Eden Prairie, and that certain Owner's Supplement to Developer's Agreement, between Z & S Management Company, and the City of Eden Prairie, dated as of November 1, 1988, which Agreement and Owner's Supplement are hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of September, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of November, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Outlot B, Parkway Apartments, Hennepin County, Minnesot a . Chestnut Place DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by Chestnut Place Partners, a Minnesota general partnership, hereinafter r e f e r r e d t o a s "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide P l a n Amendment from Medium Density Residential to Neighborhood Commerc i a l , Z o n i n g District Change from RM-2.5 to Neighborhood Commercial, with variance f o r l o t s i z e as approved by the Board of Appeals, and Preliminary Plat of into one l o t , a l l o f 1.69 acres, for construction of an 8,320 sq. ft. neighborhood commerc i a l c e n t e r , situated in Hennepin County, State of Minnesota, more fully described in E x h i b i t A , attached hereto and made a part hereof, and said acreage hereinafter ref e r r e d t o a s "the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance 044- 8 8 , Developer covenants and agrees to construction upon, development, and m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated September 16, 1988, reviewed and approved by the City Council on September 20, 1988, 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 release by the City of the final plat for the property, Developer shall submit to the City Engineer, and obtain the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developer shall construct, or cause to be constructed, those improvements listed above in said plans, as approved by the City Engineer, in accordance with Exhibit C, attached hereto. 4. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 5. Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of the following: A. Detailed lighting plans for the property, which provide for 20 ft. high maximum lighting standards, with down cast, cut- off luminars. Said lighting plan shall also provide that there shall be no lighting at the rear (west) of the structure. B. Detailed signage plans for the property, which provide information regarding color, size, and type of materials to be used for said signage. Said plans shall provide for an architecturally defined signage area by color, texture, materials, and dimensions. Lettering for said signage shall be individual letters, internally lit, a maximum of 30 inches high, with either common style, or color. C. Samples of exterior materials to be used on the structure, including, but not limited to, samples of brick, glass and any metal materials. Said materials shall be compatible in color with the adjoining apartment complex materials. D. Detailed plans for screening of mechanical equipment on the rooftop and at the rear (west) of the structure. Said plans shall provide for materials which are architecturally integral and compatible with the materials for Item C., above. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, those improvements listed above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 6. Developer acknowledges that Exhibit B, attached hereto, depicts a total of 72 parking spaces for the property. City agrees that only 47 parking spaces are required to be constructed at this time, with the area designated as "proof of parking" and containing 25 parking spaces on said Exhibit B to be seeded or sodded at this time. City and Developer agree that at such time as City, in its sole discretion, determines that additional parking spaces are necessary, Developer shall, upon written notification by City, and within 60 days, construct the additional parking spaces in the location designated in Exhibit B as "proof of parking." Chestnut Place OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN CHESTNUT PLACE PARTNERS AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1988, by and between Z & S Management Co., hereinafter referred to as "Owner," and t h e C i t y of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance #44-88 changing the zoning of the property owned by Owner from the RM-2.5 Distri c t t o t h e Neighborhood Commercial District, as more fully described in that c e r t a i n Developer's Agreement entered into as of , 1988, by and between Chestnut Place Partners, and City, Owner agrees with the City as follows: 1. This Agreement shall be binding upon and enforceable against Owner, their successors, heirs, and assigns of the property. 3. If the Owner transfers such property, Owner shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. CITY Gary D. Peterson, Mayor Carl J. Jullie, City Manager Chestnut Place CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-248 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 44-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 44-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of November, 1988; 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. 44-88, 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. 44-88 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 I, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Chestnut Place CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 44-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REM O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CH A P T E R 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, O R D A I N S : LIMEY: This Ordinance allows rezoning of land located northea s t corner of Anderson lakes Parkway and Chestnut Drive, f r o m t h e R M - 2 . 5 D i s t r i c t t o the Neighborhood Commercial District, subject to the t e r m s a n d c o n d i t i o n s o f a developer's agreement. Exhibit A, included with this O r d i n a n c e , g i v e s t h e f u l l legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1988. (A full copy of the text of this Ordinance is available f r o m t h e C i t y C l e r k . ) ',6Y1 DataServ II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 40-88-PUD-11-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, R E M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING T H E L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY COD E C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA , O R D A I N S : Section 1. That the land which is the subject of this Ordi n a n c e (hereinafter, the "land") is legally described in Exhi b i t A a t t a c h e d h e r e t o a n d m a d e a part hereof. Section 2. That action was duly initiated proposing that the la n d b e placed in the Planned Unit Development 11-88-1-2 Distri c t ( h e r e i n a f t e r " P U D 1 1 - 8 8 - I - 2'). Section 3. The land shall be subject to the terms and conditio n s o f that certain Developer's Agreement dated as of Nove m b e r 6 , 1 9 8 8 , e n t e r e d i n t o between Opus Corporation and the City of Eden Prairi e ( h e r e i n a f t e r " D e v e l o p e r ' s Agreement"). The Developer's Agreement contains the t e r m s a n d c o n d i t i o n s o f P U D 1 1 - 88-1-2, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUG 11-88-1-2 is nJt in conflict with the goals of the G u i d e P l a n o f the City. B. PUD 11-88-1-2 is designed in such a manner to form a d e s i r a b l e a n d unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapte r s 1 1 a n d 1 2 o f the City Code, which are contained in PUG 11-88-1-2, a r e j u s t i f i e d by the design of the development described therein. D. PUD 11-88-1-2 is of sufficient size, composition, a n d a r r a n g e m e n t that its construction, marketiny, and operation is f e a s i b l e a s a complete unit without dependence upon any subsequent u n i t . Section 5. The proposal is hereby adopted and the land shall be , a n d hereby is, removed from the Rural District and shall b e i n c l u d e d h e r e a f t e r i n t h e Planned Unit Development 11-88-1-2 District, and the l e g a l d e s c r i p t i o n s o f l a n d i n each district referred to in City Code Section 11.03, s u b d i v i s i o n 1 , s u b p a r a g r a p h B , shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provision s a n d Definitions Applicable to the Entire City Code Includi n g P e n a l t y f o r V i o l a t i o n " a n d Section 11.99 entitled "Violation a Misdemeanor" a r e h e r e b y a d o p t e d i n t h e i r entirety by reference, as though repeated verbatim he r e i n . Section 7. This Ordinance shall become effective from and after it s passage and publication. FIRST READ at a regular meeting of the City Council of t h e C i t y o f E d e n Prairie on the 6th day of September, 1988, and finally rea d a n d a d o p t e d a n d o r d e r e d published at a regular meeting of the City Council of sa i d C i t y o n t h e 1 s t d a y o f November, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of :),5",R) Exhibit A Legal Description PUD Amendment and PUD District Review and Preliminary Plat Lot 1, Block 1 and Outlot A, Dataserv Business Center Zoning District Change from Rural to 1-2 Outlot A, Dataserv Business Center DataServ Addition SUPPLEMENT TO DEVELOPER'S AGREEMENT THIS SUPPLEMENT to Developer's Agreement made and entered into as of t h i s day of , 1988, by and between Opus Corporation, a Min n e s o t a corporation, and the City of Eden Prairie, a municipal corporation, h e r e i n a f t e r referred to as "City;" WHEREAS, Opus Corporation and City made and entered into a Develo p e r ' s Agreement, dated November 5, 1985, for DataServ (the "Developer's Agree m e n t " ) ; a n d , WHEREAS, Opus Corporation and City made and entered into a Suppleme n t t o Developer's Agreement dated September 30, 1987, for DataServ ("Supplemen t # 1 " ) ; a n d , WHEREAS, the parties desire to amend said Developer's Agreemen t a n d Supplement #1 for the lands referred to therein, more fully described i n E x h i b i t A , attached hereto and made a part hereof, and said acreage hereinafter r e f e r r e d t o a s the property;" NOW, THEREFORE, in consideration of the City adopting Ordinance #40-8 8 - P U D - 11-88, Developer and City agree that: The Developer's Agreement and Supplement #1 shall be and hereby are sup p l e m e n t e d a n d amended in the following respects: 1. As part of Planned Unit Development 11-88, City hereby grants a waive r f r o m the requirements of Chapter 11 to allow up to 90% office use in t h e 1 - 2 Zoning District for the property subject to the following condition: Developer shall not exceed a total number of 319 vehicle trips per work day (Monday through Friday) to and from the property during the PM Peak Hour of traffic (5:00 p.m. to 6:00 p.m.). The number of vehicle trips per work day shall be periodically monitored by City. 2. Non-compliance is herein defined as that point at which the num b e r o f vehicle trips during the PM Peak Hour exceeds 319 by 10% during any sin g l e work day out of any five consecutive work day period. Work days are M o n d a y , Tuesday, Wednesday, Thursday, and Friday. In the event that City, in i t s sole discretion, determines that the condition of the waiver stated i n # 1 above has not been complied with by Developer, then: A. City will notify Developer of non-compliance in writing. 25a B. Within 30 days of said notification, City sh a l l h i r e a p r o f e s s i o n a l traffic engineer to provide the following ser v i c e s : 1) Evaluate and study the traffic from the prope r t y o v e r a 3 0 - day period of time. 2) Report the findings and recommendations to th e C i t y a n d t h e Developer. Developer agrees to pay for the services of s a i d t r a f f i c e n g i n e e r for such evaluation, study, findings, and rec o m m e n d a t i o n s . C. If the findings of the professional traffic e n g i n e e r i n d i c a t e t h a t the property no longer complies with the co n d i t i o n o f t h e w a i v e r , Developer agrees to implement necessary m e a s u r e s t o r e d u c e t h e number of trips to 319 within 30 days of rece i p t o f t h e f i n d i n g s o f the professional traffic engineer. D. If, after receipt of the traffic study and af t e r 3 0 d a y s p a s s e d , i t is determined by City that Developer is still n o t i n c o m p l i a n c e w i t h the 319 total trips during the PM Peak Hour, D e v e l o p e r w i l l b e i n violation of the City Code and City may, by o r d i n a n c e , w i t h d r a w t h e waiver and Planned Unit Development Distri c t f o r t h e p r o p e r t y , without objection from Developer, or Developer ' s t e n a n t ( s ) . 3. Developer agrees to all of the terms and c o n d i t i o n s a n d a c c e p t s t h e obligations of "Developer" under the Develope r ' s A g r e e m e n t , a s s u p p l e m e n t e d herein. 4. Developer acknowledges that the rights cf City t o p e r f o r m a n c e o f o b l i g a t i o n s of Developer contemplated in this agreement a r e s p e c i a l , u n i q u e , a n d o f a n extraordinary character, and that, in the eve n t t h a t D e v e l o p e r v i o l a t e s , o r fails, or refuses to perform any covenant, c o n d i t i o n , o r p r o v i s i o n m a d e herein, City may be without an adequate rem e d y a t l a w . D e v e l o p e r a g r e e s , therefore, that in the event Developer vi o l a t e s , f a i l s , o r r e f u s e s t o perform any covenant, condition, or provision m a d e h e r e i n , C i t y m a y , a t i t s option, institute and prosecute an action to specifically enforce performance of such covenant. No remedy co n f e r r e d i n t h i s a g r e e m e n t i s intended to be exclusive and each shall b e c u m u l a t i v e a n d s h a l l b e i n addition to every other remedy. The electio n o f a n y o n e o r m o r e r e m e d i e s shall not constitute a waiver of any other rem e d y . 2iA3 DataServ II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-249 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 40-88-PUD-11-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 40-88-PUD-11-88 was adopted and ordered published a t a regular meeting of the City Council of the City of Eden Prairie on the 1s t d a y o f November, 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDE N PRAIRIE: A. , That the text of the summary of Ordinance No. 40-88-PUD-11-88, 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. 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. 40-88-PUD-11-88 shall be recorded in the ordinance book, along with proof of poblication required by paragraph B herein, within 20 days after said publication. ADOPTED by the City Council on November 1, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk ,263q DataServ II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 40-88-PUD-11-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERT A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DES C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER I A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows amendment of the zoning of land located south of Technology Drive, east of Prairie Center Drive , w i t h i n t h e 1 - 2 District to the PUD-I1-88-1-2 District, subject to the terms a n d c o n d i t i o n s o f a developer's agreement. Exhibit A, included with this Ordinanc e , g i v e s t h e f u l l legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1988. (A full copy of the text of this Ordinance is available from the C i t y C l e r k . ) Redburn Office Building CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 45-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the Office District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the 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 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 1, 1988, entered into between Bud Redburn Insurance Agency, Inc., a Minnesota Corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of October, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of November, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of 2,54, EXHIBIT A GUIDE PLAN CHANGE FROM INDUSTRIAL TO NEIGHBORHOOD C O M M E R C I A L That part of the Southeast Quarte e o f t h e S o u t h e a s t Q u a r t e r of Section 8, and of the Northeas t Q u a r t e r o f t h e N o r t h e a s t Quarter of Section 17, Township 11 6 , R a n g e 2 2 , d e s c r i b e d a s follow', Commencing at the Northw e s t c o r n e r o f the Northeast Quarter of the Northeast Quarter o f s a i d S e c t i o n 1 7 ; t h e n c e South 0 degrees 08 minutes 44 seco n d s E a s t , a s s u m e d b e a r i n g , along the West line of said Northe a s t Q u a r t e r o f t h e Northeast Quarter a distance of 27 1 . 9 8 f e e t ; t h e n c e N o r t h 87 degrees 25 mu notes 16 seconds Ea s t a d i s t a n c e o f 250.55 feet; thence North 2 degrees 34 minutes 44 seconds West a d i s t a n c e o f 2 7 3 . 2 6 f e e t t o t h e Southwesterly right-of-way of State Highway No. 5; t h e n c e N o r t h w e s t e r l y a l o n g s a i d right-of-way line 245.65 feet to the Easterly ri g h t - o f - w a y o f C o u n t y R o a d N o . 4 ; thence South along said right-of-way approxim a t e l y 8 0 f e e t t o t h e p o i n t o f beginning. PRELIMINARY PLAT The part of the Southeast Quarter of the Southeast Q u a r t e r o f S e c t i o n 8 , a n d of the Northeast Quarter of the Northeast Quarter of S e c t i o n 1 7 , T o w n s h i p 116, Range 22, described as follows: Beginning at the N o r t h w e s t c o r n e r o f the Northeast Quarter of the Northeast Quarter of sa i d S e c t i o n 1 7 ; t h e n c e South 0 degrees 08 minutes 44 seconds East, assumed b e a r i n g , a l o n g t h e t e s t line of said Northeast Quarter of the Northeast Quar t e r a d i s t a n c e o f 2 7 1 . 9 8 feet; thence North 87 degrees 25 minutes 16 seconds E a s t a d i s t a n c e o f 350.55 feet; thence North 2 degrees 34 minutes 44 s e c o n d s W e s t 2 0 9 . 3 3 f e e t to the Southwesterly right-of-way of State Highway N o . 5 ; t h e n c e N o r t h 7 6 degrees 02 minutes 49 seconds West, along the Sout h w e s t e r l y r i g h t - o f - w a y o f State highway No.. 5, a distance of 13.94 feet; th e n c e N o r t h 1 4 d e g r e e s 5 1 minutes 25 seconds East along said right-of-way li n e a d i s t a n c e o f 3 0 f e e t ; thence Northwesterly a distance of 346.28 feet alo n g s a i d r i g h t - o f - w a y l i n e to the West line of the Southeast Quarter of the S o u t h e a s t Q u a r t e r o f s a i d Section 8; thence South 1 degree 51 minutes 05 sec o n d s W e s t a d i s t a n c e o f 80.12 feet along the West line of the Southeast Qu a r t e r o f t h e S o u t h e a s t Quarter to the point of beginning, according to the U . S . G o v e r n m e n t S u r v e y . Subject to Hennepin County State Aid Highway No. 4 as delineated in Hennepin County State Aid Highway No. 4, Plat 34. GUIDE PLAN CHANGE FROM INDUSTRIAL TO OFFICE - REZON I N G F R O M R U R A L T O O F F I C E That part of the Southeast Quarter o f t h e S o u t h e a s t Q u a r t e r of Section 8, and of the Northeast Quarter of the Northeast Quarter of Section 17, Township 11 6 , R a n g e 2 2 , d e s c r i b e d a s follows: Commencing at the Northw e s t c o r n e r o f t h e N o r t h e a s t Quarter of the Northeast Quarter o f s a i d S e c t i o n 1 7 ; t h e n c e South 0 degrees oa minutes 44 seconds East, assumed b e a r i n g , along the West line of said Nort h e a s t Q u a r t e r o f t h e Northeast Quarter a distance of 271.98 feet; thence N o r t h 8 7 degrees 25 minutes 16 seconds Ea s t a distance of 250.55 feet; to the actual point of beginning o f t h e t r a c t o f l a n d t o b e herein described; thence continue N o r t h 8 7 d e g r e e s 2 5 m i n u t e s 16 seconds East 100.00 feet; the n c e N o r t h 2 d e g r e e s 3 4 minutes 44 Seconds West 209.33 f e e t t o t h e S o u t h w e s t e r l y right-of-way of State Highway No. 5 ; t h e n c e N o r t h 7 6 d e g r e e s 02 minutes 49 seconds West, along t h e S o u t h w e s t e r l y r i g h t - o f - way of State Highway No. 5, a distance of 13.94 feet; thence North 14 degrees 51 minutes 25 se c o n d s E a s t a l o n g s a i d r i g h t - of-way line • distance of 30 feet ; t h e n c e N o r t h w e s t e r l y a l o n g said right-of-way line 100.63 feet t o i t s i n t e r s e c t i o n w i t h • line bearing North 2 degrees 34 minutes 44 seconds Wes t f r o m the actual point of beginning; th e n c e S o u t h 2 d e g r e e s 3 4 minutes 44 seconds East 273.26 fe e t t o t h e a c t u a l p o i n t o f beginning. Redburn Office Building DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by Bud Redburn Insurance Agency, Inc., a Minnesota corporation, hereinaf t e r r e f e r r e d t o as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corpor a t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Comprehensive Guide Pla n C h a n g e from Industrial to Neighborhood Commercial on 1.5 acres and fr o m I n d u s t r i a l t o Office on 0.58 acre, Zoning District Change from Rural to office o n 0 . 5 8 a c r e , a n d Preliminary Plat of 2.08 acres into two lots, for construction o f a 3 , 0 0 0 s q . f t . office building, situated in Hennepin County, State of Minne s o t a , m o r e f u l l y described in Exhibit A, attached hereto and made a part hereof, a n d s a i d a c r e a g e hereinafter referred to as the property;" NOW, THEREFORE, in consideration of the City adopting Ordinanc e # 4 5 - 8 8 , Developer covenants and agrees to construction upon, development, an d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in conformance with the materials revised and dated September 29, 1988, reviewed an d approved by the City Council on October 4, 1988, 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. Concurrent with, and as part of the final plat for the property, Developer agrees to provide for the necessary additional right-o f - way for Highway #5 as required by the Minnesota Department o f Transportation. 4. Prior to release by the City of the final plat for the property, Developer shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Developer acknowledges that the utilities for the property are part of a private system and that it is intended that said private system eventually be the responsibility of the City. Developer agrees, therefore, to participate in the private maintenance agreement with the other parties using this private system at this time. Developer further agrees to provide proof of Developer's participation in said private system prior to City release of the final plat 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. 5. Prior to issuance of any grading or building permit on the property, Developer agrees to obtain a temporary construction access easement from the property to the west, or north, for purposes of providing access of construction vehicles to the property. 6. Developer agrees to obtain from the property owner to the west a cross access agreement, in a form acceptable to the City, which provides for the following: A. Access through the land to the west to Terrey Pine Drive by the property to be developed as depicted in Exhibit B, attached hereto. B. Access through the land to the west to the "out only" east- bound driveway to Highway #5 for the property to be developed as depicted in Exhibit B, attached hereto. C. Allows for the land to the west to cross the property being developed and utilize the out only east-bound driveway to Highway #5 at the north end of the property as depicted in Exhibit B, attached hereto. D. Allows for the the maintenance of all access points as depicted in Exhibit B, attached hereto, by the land to the west and the property to be developed. Developer agrees to submit executed copies of said cross access agreement to the City prior to City's release of any grading permit for the property. 7. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 8. Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of: A. Samples of exterior materials to be used on the structure on the property. B. Samples of lighting standards to be used on the property. Said lighting standards shall be similar to those used on the adjacent site to the west. C. Samples of signage to be used on the property. Upon approval by the Director of Planning. Developer agrees to implement, or cause to be implemented, those improvements listed above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 9. Developer acknowledges that there shall be no additional direct access to Highway #5 from the property. Redburn Office Building CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-250 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 45-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 45-88 was adopted and ordered published at a r e g u l a r meeting of the City Council of the City of Eden Prairie on the 1s t d a y o f N o v e m b e r 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 45-88, 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. 45-88 shall be recorded in the ordinance boo k , along with proof of publication required by paragraph B herei n , within 20 days after said publication. ADOPTED by the City Council on November 1, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Redburn Office Building CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 45-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: LIMEY: This Ordinance allows rezoning of land located east of Terrey Pine Drive, south of Highway #5, east of Burger King, from the Rural District to the 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 , 1988. • (A full copy of the text of this Ordinance is available from the City Clerk.) 2'549\ Prairie View II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 43-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGA L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPT E R I A N D S E C T I O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAI N S : Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A at t a c h e d h e r e t o a n d m a d e a part hereof. Section 2. That action was duly initiated proposing that the land within C-Regional Service District be hereby amended. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is amended within the C-Regional Service Distric t a n d s h a l l b e i n c l u d e d hereafter in the C-Regional-Service District, and the legal d e s c r i p t i o n s o f l a n d i n each District referred to in City Code, Section 11.03, Subd i v i s i o n 1 , S u b p a r a g r a p h B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Pen a l t y f o r V i o l a t i o n " a n d Section 11.99, entitled "Violation a Misdemeanor" are he r e b y a d o p t e d i n t h e i r entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 1 , 1 9 8 8 , e n t e r e d i n t o between Curt Johnson Properties, and the City of Eden Prair i e , w h i c h A g r e e m e n t i s hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of t h e C i t y o f E d e n Prairie on the 4th day of October, 1988, and finally read a n d a d o p t e d a n d o r d e r e d published at a regular meeting of the City Council of said C i t y o n t h e 1 s t d a y o f November, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of ;5,13 Exhibit A Legal Description Lot 2, Block 1, Prairie View Center 2nd Add i t i o n , a c c o r d i n g t o t h e r e c o r d e d plat thereof. Prairie View II DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by Curt Johnson Properties, Inc., a Minnesota corporation , h e r e i n a f t e r r e f e r r e d t o a s "Developer," and the CITY OF EDEN PRAIRIE, a municip a l c o r p o r a t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning Distr i c t A m e n d m e n t w i t h i n the Commercial-Regional-Service Zoning District on 2.17 a c r e s f o r c o n s t r u c t i o n o f a 12,658 sq. ft. retail/office building, situated in H e n n e p i n C o u n t y , S t a t e o f Minnesota, more fully described in Exhibit A, attac h e d h e r e t o a n d m a d e a p a r t hereof, and said acreage hereinafter referred to as "the p r o p e r t y ; " NOW, THEREFORE, in consideration of the City adoptin g O r d i n a n c e # 4 3 - 8 8 , Developer covenants and agrees to construction upon, dev e l o p m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in conformanc e w i t h t h e materials revised and dated September 23, 1988, re v i e w e d a n d approved by the City Council on October 4, 1988, and atta c h e d h e r e t o as Exhibit B, subject to such changes and modification s a s p r o v i d e d herein. Developer shall not develop, construct upon , o r m a i n t a i n the property in any other respect or manner than provid e d h e r e i n . 2. Developer covenants and agrees to the performance and ob s e r v a n c e b y Developer at such times and in such manner as provided t h e r e i n o f all of the terms, covenants, agreements, and conditions s e t f o r t h i n Exhibit C, attached hereto and made a part hereof. 3. Prior to release by the City of the final plat, Dev e l o p e r s h a l l submit to the City Engineer, and receive the Cit y E n g i n e e r ' s approval of plans for streets, sanitary sewer, water, s t o r m s e w e r , and erosion control for the property. Upon approval by the City Engineer, Developer shall c o n s t r u c t , o r cause to be constructed, those improvements listed a b o v e i n s a i d plans, as approved by the City Engineer, in accordance w i t h E x h i b i t C, attached hereto. 4. Prior to release by the City of the final plat, Developer agrees to submit to the Building Department, and to obtain the Building Department's approval of detailed plans for the retaining walls indicated on the grading plan in Exhibit B, attached hereto. Said plans shall include details with respect to the height, type of materials, and method of construction to be used for said retaining walls. Upon approval by the Building Department, Developer agrees to construct said retaining wall improvements as stated above, as approved by the Building Department, concurrent with the grading and street construction on the property, and 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. Prior to issuance of any building permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of: A. A revised site plan which depicts amendment to the driveway/access on the west side of the property, as depicted in Exhibit D, attached hereto and made a part hereof. B. A detailed lighting plan for the property, indicating the location, style, and color of lighting standards to be implemented on the property. Said plan shall provide for 30 ft. high lighting poles and for lighting at both entrances to the property. Said lighting shall be the same as, or complimentary to, the lighting used for the Prairie View Shopping Center located west of the property. C. A detailed signage plan for the property, indicating the location, style, and color(s) of all signs to be implemented on the property. Said plan shall depict individual letters, internally lit, with a uniform color, and a maximum height of 24 inches, and a maximum length of sign as 15 ft. Said plan shall also depict a free-standing pylon sign, located along Plaza Drive, which is consistent with the materials used for the retail and office signage on the property. The signage shall be the same as, or complimentary to, the signage used for the Prairie View Shopping Center, located west of the property. D. Samples of exterior materials to be implemented on the structure, including metal, glass, brick, and block samples. Said exterior materials shall be the same as, or complimentary to, those used for the Prairie View Shopping Center located west of the property. Upon approval by the Director of Planning, Developer shall implement, or cause to be implemented, those improvements listed above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 7. Prior to issuance of any building permit on the property, Developer agrees to provide to the City a copy of 4a cross access easement for the property, which provides for cross access with the property to the west, Prairie View Center. Prairie View II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-251 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 43-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 43-88 was adopted and ordered p u b l i s h e d a t a r e g u l a r meeting of the City Council of the City of Eden Prairie o n t h e 1 s t d a y o f N o v e m b e r , 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O F T H E C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 43-8 8 , w h i c h i s attached hereto, is approved, and the City Council find s t h a t s a i d text clearly informs the public of the intent and eff e c t o f s a i d ordinance. B. That said text shall be published once in the Eden Prair i e N e w s i n a body type no smaller than brevier or eight-point type, as d e f i n e d i n Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made av a i l a b l e f o r inspection by any person during regular office hours at t h e o f f i c e of the City Clerk and a copy of the entire text of th e O r d i n a n c e shall be posted in the City Hall. D. That Ordinance No. 43-88 shall be recorded in the or d i n a n c e b o o k , along with proof of publication required by paragrap h B herein, within 20 days after said publication. ADOPTED by the City Council on November 1, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Prairie View II CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 43-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVI N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LE G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAP T E R 1 A N D S E C T I O N 1 1 . 9 9 , WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, OR D A I N S : Summary: This Ordinance allows amendment of the zoning of lan d located within the Commercial Regional Service District s u b j e c t t o t h e t e r m s a n d conditions of a developer's agreement. Exhibit A, includ e d w i t h t h i s O r d i n a n c e , gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publi c a t i o n . ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1988. (A full copy of the text of this Ordinance is available fr o m t h e C i t y C l e r k . ) Wyndham Nob CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 and R1-9.5 Districts. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 and R1-9.5 Districts, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter. 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 1, 1988, entered into between New Concept Homes, Inc., a Minnesota Corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of October, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of November, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of /J oy REZONING FROM RURAL TO R1- 1 3 . 5 EXHIBIT A That part of the West 8 0 a c r e s o f t h e N o r t h H a l f o f t h e N o r t h - west Quarter of Secti o n 6 , T o w n s h i p 1 1 6 , R a n g e 2 2 , H e n n e p i n Conty, Minnesota lyi n g e a s t o f H I D D E N G L E N + 3RD, according to t.n ,.! recorded plat thereof, s a i d H e n n e p i n C o u n t y a n d l y i n g easterly and southerly o f t h e f o l l o w i n g d e s c r i b e d l i n e : Commencing at the nor t h e a s t c o r n e r o f s a i d W e s t 8 0 acres; thence on an a s s u m e d h e a r i n g o f S o u t h 8 8 d e g r e e s 27 minutes 08 seconds W e s t a l o n g t h e n o r t h l i n e o f s a i d West 80 acres a dista n c e o f 3 0 . 0 1 f e e t t o t h e p o i n t o f beginning of the line t o b e d e s c r i b e d ; t h e n c e S o u t h 0 0 degrees 07 minutes 05 s e c o n d s E a s t a d i s t a n c e o f 4 2 5 . 3 0 feet; thence South 87 d e g r e e s 2 2 m i n u t e s 5 5 s e c o n d s w e s t a distance of 234.97 f e e t ; t h e n c e N o r t h 7 5 d e g r e e s 2 4 minutes 39 seconds Wes t a d i s t a n c e o f 1 2 0 . 1 2 f e e t ; thence South 89 degree s 5 2 m i n u t e s 5 5 s e c o n d s W e s t a distance of 67.00 fee t ; t h e n c e S o u t h 6 6 d e g r e e s 4 1 minutes 00 seconds We s t a d i s t a n c e o f 1 1 4 . 2 4 f e e t ; thence South 89 degre e s 5 2 m i n u t e s 5 5 s e c o n d s W e s t a distance of 220.00 fe e t t o t h e e a s t l i n • o f s a i d H I D D E N GLEN 3RD and there te r m i n a t i n g . REZONING FROM RURAL TO R1- 9 . 5 :eat part of the West 8 0 a c r e s o f t h e N o r t h H a l f o f t h e N o r t h - west Quarter of Secti o n 6 , T o w n s h i p 1 1 6 , R a n g e 2 2 , H e n n e p i n County, Minnesota lyi n g e a s t o f H I D D E N G L E N 3 R D , a c c o r d i n g t o ti'm recorded plat the r e o f , s a i d H e n n e p i n C o u n t y a n d l y i n g wtteily and northerly o f t h e f o l l o w i n g d e s c r i b e d l i n e : Commencinu at the nor t h e a s t c o r n e r o f s a i d W e s t s o acres; thence on an a s s u m e d h e a r i n g o f S o u t h 8 8 d e g r e e s 27 minutes 08 seconds w e s t a l o n g t h e n o r t h l i n e o f s a i d West 80 acres a distan c e o f 3 0 . 0 1 f e e t t o t h e p o i n t o f beginning of the line t o b e d e s c r i b e d ; t h e n c e S o u t h 0 0 degrees 07 minutes 05 s e c o n d s E a s t a d i s t a n c e o f 4 2 5 . 3 0 feet; thence South 87 d e g r e e s 2 2 m i n u t e s 5 5 s e c o n d s w e s t a distance of 234.97 f e e t ; t h e n c e N o r t h 7 5 d e g r e e s 2 4 minutes 39 seconds We s t a d i s t a n c e o f 1 2 0 . 1 2 f e e t ; thence South 49 degre e s 5 2 m i n u t e s 5 5 s e c o n d s W e s t a distance of 67.00 fee t ; t h e n c e S o u t h 6 6 d e g r e e s 4 1 minutes On seconds We s t a d i s t a n c e o f 1 1 4 . 2 4 F e e t ; thence Savth 89 degre e s 5 2 m i n u t e s S 5 S e t c m a s W e s t a distarace of 220.00 feet to the e t 1 1 n e o f s a i d H I D D E N GLEN 3PD and there te r m i n a t i n o . • PRELIMINARY PLAT That part of the West 8 0 a c r e s o f t h e N o r t h H a l f o f t h e Northwest Quarter of S e c t i o n 6 , T o w n s h i p 1 1 6 , R a n g e 2 2 , eennepin County, .Minn e s o t a l y i n g e a s t o f H I D D E N G L E N . 3 R D , according to the reco r d e d p l a t t h e r e o f , s a i d H e n n e p i n C o u n t y . To(4ether with Out lot s C a n d D , s a i d H I D D E N G L E N 3 R D a n d L o t s BlocklofwYNDHAM NOS 1S T . Wyndham Nob 2nd Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by New Concept Homes, a Minnesota corporation, hereinafter referred t o a s " D e v e l o p e r , " and the CITY OF EDEN PRAIRIE, a municipal corporation, hereina f t e r r e f e r r e d t o a s "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Chan g e f r o m R u r a l to R1-13.5 on 18.9 acres and from Rural to R1-9.5 on 7.2 acres, w i t h v a r i a n c e s t o b e reviewed by the Board of Appeals, and Preliminary Plat of 27.2 ac r e s i n t o 4 1 s i n g l e family lots, three outlots, and road right-of-way, situated i n H e n n e p i n C o u n t y , State of Minnesota, more fully described in Exhibit A, attac h e d h e r e t o a n d m a d e a part hereof, and said acreage hereinafter referred to as "the p r o p e r t y ; " NOW, THEREFORE, in consideration of the City adopting Ordina n c e # 4 6 - 8 8 , Developer covenants and agrees to construction upon, developmen t , a n d m a i n t e n a n c e o f said property as follows: 1. Developer shall develop the property in conformance wit h t h e materials revised and dated October 7, 1988, reviewed and app r o v e d by the City Council on October 4, 1988, and attached here t o a s Exhibit B, subject to such changes and modifications as pro v i d e d herein. Developer shall not develop, construct upon, or mai n t a i n the property in any other respect or manner than provided herein . 2. Developer covenants and agrees to the performance and observan c e b y Developer at such times and in such manner as provided there i n o f all of the terms, covenants, agreements, and conditions set for t h i n Exhibit C, attached hereto and made a part hereof. 3. Concurrent with, and as part of the final plat for the prope r t y , Developer shall dedicate to the City Outlot A, as depicte d i n • Exhibit B, attached hereto. Developer shall dedicate said Outl o t A to the City free and clear of any liens, mortgages, or o t h e r encumbrances. 4. Concurrent with, and as part of the final plat for t h e p r o p e r t y , Developer agrees to dedicate the following to Hennepi n County per the August 22, 1988, letter from Hennepin County, attach e d h e r e t o a s Exhibit E, and made a part hereof: A. Necessary right-of-way for County Road #62. B. Necessary right-of-way for a trail to be located along t h e south side of said County Road #62. 5. Prior to release by the City of the final plat for th e p r o p e r t y , Developer shall submit to the City Engineer, and obta i n t h e C i t y Engineer's approval of plans for streets, sanitary se w e r , w a t e r , storm sewer, and erosion control for the property. Said p l a n s s h a l l also include provision of adequate storm sewer design f o r L o t 3 1 , Block 1, as depicted in Exhibit B, attached hereto, whi c h p r o v i d e s adequate storm sewer protection to Lot 1, Block 6, Hidd e n G l e n 3 r d Addition, located directly west of said Lot 31, Block 1. Upon approval by the City Engineer, Developer shall c o n s t r u c t , o r cause to be constructed, those improvements listed a b o v e i n s a i d plans, as approved by the City Engineer, in accordance w i t h E x h i b i t C, attached hereto. 6. Prior to any grading, street construction, or utility c o n s t r u c t i o n on the property, Developer shall obtain permits ne c e s s a r y f r o m Hennepin County to work in the County Road #62 rig h t - o f - w a y , a s depicted in Exhibit B, attached hereto. Developer agre e s t o p r o v i d e proof of said permits to the City prior to City re l e a s e o f a n y grading permit. Developer also agrees to restore a l l d i s t u r b e d areas within said right-of-way. 7. Developer has submitted to the City, and obtained City a p p r o v a l o f , a tree replacement plan for 212 caliper inches of tre e s w h i c h a r e planned to be removed from the property due to cons t r u c t i o n a s approved by City. Prior to release of the final p l a t f o r t h e property, Developer agrees to submit to the City, an d o b t a i n t h e City's approval of security for said tree replaceme n t p l a n , i n accordance with the terms of the Tree Preservation Poli c y , a t t a c h e d hereto as Exhibit D, and made a part hereof. Upon approval by the Director of Planning of sai d s e c u r i t y , Developer agrees to implement, or cause to be implemente d , s a i d t r e e replacement plan, in accordance with the Tree Preservati o n P o l i c y o f the City, attached hereto as Exhibit D. 8. Developer has submitted to the City, and obtained t h e C i t y ' s approval of a tree inventory of those trees located with i n 2 5 f t . o f the outer limits of the construction area, which are not p l a n n e d t o be removed by construction approved by City. Said i n v e n t o r y indicates the size, type, and location of all trees t w e l v e ( 1 2 ) inches in diameter, or greater, at a level 4.5 feet a b o v e g r o u n d 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 receive 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 receive 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. 9. Developer agrees that construction vehicles shall be limited to access to the property at County Road #62, only. Construction vehicles shall not access the site from the west through the Hidden Glen 3rd Addition development, nor from the east through the Wyndham Nob Addition. 10. Prior to issuance of any building permit for the R1-9.5 zoned area as depicted in Exhibit B, attached hereto, Developer shall submit to the Director of Planning, and obtain the Director's approval of a plan which keys different house elevations to each of the lots. The plan shall provide that no two elevations shall be substantially the same directly across, diagonally across, or directly adjacent to each other within said R1-9.5 area. Upon approval by the Director of Planning, Developer agrees to implement, or cause to be implemented, the plan stated above, as approved by the Director of Planning, in accordance with the terms and conditions of Exhibit C, attached hereto. 11. Prior to issuance of an occupancy permit for Lots 6-12, Block 1, Developer agrees to install the landscaping materials adjacent to County Road #62 along the north boundary of said lots, all as depicted in Exhibit B, attached hereto. 12. Developer and City acknowledge that Outlots B and C, as depicted in Exhibit B, attached hereto, are intended to be added to existing Lots 32 and 33, Block 1, Wyndham Knoll Addition. Developer acknowledges that City will not grant any building permits for said out lots. 13. Developer acknowledges that City will not issue any building permits for Lot 31, Block 1, or for Lot 10, Block 2, as depicted in Exhibit B, attached hereto, until such time as said lots are combined and/or platted with Outlots C and D, Hidden Glen 3rd Addition as required by the City. 15' Wyndham Nob 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-252 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 46-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 46-88 was adopted and ordered published at a r e g u l a r meeting of the City Council of the City of Eden Prairie on the 1st day o f N o v e m b e r , 1988; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 46-88, 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. 46-88 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 1, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk a5-i)6 Wyndham Nob 2nd Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 46-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This Ordinance allows rezoning of land located south of Townline Road, east of Chenault Way within Hidden Glen 3rd Addition, from the Rural District to the R1-13.5 and R1-9.5 Districts, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1988. (A full copy of the text of this Ordinance is available from the City Clerk.) Crosstown Prairie Office Warehouse CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 47-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land within the 1-2 District and be amended and placed in the 1-2 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby amended within the 1-2 District and shall be included hereafter in the I- 2 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of November 1, 1988, entered into between Gary A. & Sandra L. Hilden, husband and wife, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 4th day of October, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 1st day of November, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the _ day of „12 r)1,7 CROSSTOWN PRAIRIE OFFIC E W A R E H O U S E C).5c121P7701,4 That part of the No r t h w e s t Q u a r t e r o f t h e N o r t h w e s t Q u a r t e r o f Section 3, Township 1 1 6 , R a n g e 2 2 , H e n n e p i n C o u n t y , M i n n e s o t a described as follows : Beginning at a poi n t o i n t h e n o r t h l i n e o f s a i d S e c t i o n 3 , - distant 211.42 fee t E a s t o f t h e N o r t h w e s t c o r n e r o f s a i d Section 3; thence sou t h e r l y a t a d e f l e c t i o n a n g l e o f 9 1 d e g r e e s _ 21 minutes to the rig h t , a l o n g t h e a p p r o x i m a t e f l o w l i n e o f t h e creek, a distance of 2 0 0 . 2 1 f e e t ; t h e n c e a t a d e f l e c t i o n a n g l e of 44 degrees 29 mi n u t e s t o t h e l e f t , a l o n g t h e a p p r o x i m a t e flow line of the cre e k , a d i s t a n c e o f 1 0 2 . . 8 0 f e e t ; t h e n c e a t a deflection angle of 2 6 d e g r e e s 4 0 m i n u t e s t o t h e l e f t , a l o n g ' the approximate f l o w l i n e o f t h e c r e e k , a d i s t a n c e o f 2 2 4 . 4 4 feet to the interse c t i o n w i t h t h e n o r t h w e s t e r l y r i g h t o f w a y line of the Chicago, M i l w a u k e e a n d S t . P a u l R a i l r o a d ; t h e n c e northeasterly, al o n g s a i d r i g h t of 'way line, to its • intersection with t h e n o r t h l i n e o f s a i d S e c t i o n ,3; thence West, along said Nor t h l i n e o f S e c t i o n 3 , a d i s t a n c e o f 6 7 1 . 7 8 feet, more or less, t o t h e p o i n t o f b e g i n n i n g . . EXCEPT that part of t h e a b o v e d e s c r i b e d t r a c t o f l a n d w h i c h l i e s easterly of a line w h i c h i s p e r p e n d i c u l a r t o t h e N o r t h l i n e ' thereof and extends t o t h e m o s t s o u t h e r l y c o r n e r t h e r e o f . Crosstown Prairie Office Warehouse DEVELOPERS' AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by Gary A. and Sandra L. Hilden, husband and wife, herein a f t e r r e f e r r e d t o a s "Developer," and the CITY OF EDEN PRAIRIE, a municipal co r p o r a t i o n , h e r e i n a f t e r referred to as "City:" WITNESSETH: WHEREAS, Developers have applied to City for Site Plan Revie w w i t h i n t h e 1 - 2 Zoning District on 1.89 acres and Preliminary Plat of 1.89 a c r e s i n t o o n e l o t f o r construction of a 19,216 sq. ft. office warehouse building, s i t u a t e d i n H e n n e p i n County, State of Minnesota, more fully described in Exhibit A , a t t a c h e d h e r e t o a n d made a part hereof, and said acreage hereinafter referred to a s t h e p r o p e r t y : " NOW, THEREFORE, in consideration of the City adopting Or d i n a n c e # 4 7 - 8 8 , Developer covenants and agrees to construction upon, develop m e n t , a n d m a i n t e n a n c e o f said property as follows: 1. Developers shall develop the property in conformance wi t h t h e materials revised and dated September 27, 1988, review e d a n d approved by the City Council on October 4, 1988, and attached h e r e t o as Exhibit B, subject to such changes and modifications as p r o v i d e d herein. Developers shall not develop, construct upon, or ma i n t a i n the property in any other respect or manner than provided here i n . 2. Developers covenant and agree to the performance and observa n c e b y Developers at such times and in such manner as provided ther e i n o f all of the terms, covenants, agreements, and conditions set fo r t h i n Exhibit C, attached hereto and made a part hereof. 3. Concurrent with, and as part of the final plat for the pro p e r t y , Developers agree to provide a drainage and utility easement a c r o s s that portion of the property located between Nine Mile Creek an d t h e parking area for the property, as depicted in Exhibit B, a t t a c h e d hereto. Developers also agree that, prior to release of t h e f i n a l plat, Developers shall provide a written scenic easement , i n t h e form as depicted in Exhibit D, attached hereto and made a p a r t hereof, over the same portion of the property. 60 4. Prior to release by the City of the final plat for the property, Developers shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, water, storm sewer, and erosion control for the property. Upon approval by the City Engineer, Developers 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. 5. City and Developers acknowledge that access to the property and construction of a portion of the watermain to service the property will take place on adjacent land to the east, owned by others. Developers therefore agree as follows: A. Developers shall obtain written permission from said other owners for access and construction of the watermain. B. The access shall be in the form of a cross-access easement and the watermain construction shall be in the form of a temporary construction easement for purposes of construction of said watermain. C. Both easements shall be in a form acceptable to the City. Developers shall provide executed copies to the City, prior to release of any permit for grading by the City. 6. Developers shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 7. Prior to issuance of any permit for grading on the property, Developers agree to submit to the City, copies of the following permits from other governmental agencies: A. From the Minnesota Department of Natural Resources, a permit for work in public waters, per the Chapter 105 regulations. B. From the Hennepin County Department of Transportation, permits for utility work within the County-owned right-of- way and for driveway access to a County road. C. From the Metropolitan Waste Control Commission, a permit for connection to the interceptor for sanitary sewer purposes. 8. Prior to issuance of any permit fcr grading upon the property, Developers agree to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to obtain City approval of said measures. Prior to approval by the City, the Developers must call for on-site inspection of the property by the City. Any defects in materials and workmanship in the implementation of said measures shall then be determined by the City. Said defects, if found, shall then be corrected by the Developers, reinspected and approved by the City prior to issuance of the grading permit by the City. Approval of materials and workmanship may be subject to such conditi o n s a s the City may impose at the time of acceptance. 9. Developers agree to confine grading to that area of the pr o p e r t y within the construction limits and shall place snow fenci n g a t t h e construction limits of the property prior to any grading u p o n t h e property. 10. Prior to any issuance of any permit for grading or buildin g o n t h e property, Developers agree to submit to the Chief Building O f f i c i a l and obtain the Chief Building Official's approval of p l a n s f o r demolition and/or removal of existing structures, and septic s y s t e m s on the property. Prior to demolition or removal, Developers shall provide to t h e C i t y a certified check in the amount of $1,000.00 to guaran t e e t h e restoration of the property to grade. City agrees to return said certified check to Developers a f t e r t h e demolition or removal on the property is completed and afte r i t i s verified by City that the structures, and/or septic syst e m s h a v e been properly removed or demolished, and that the property h a s b e e n restored to grade. 11. Prior to issuance of any building permit on the property, Dev e l o p e r s agree to submit to the Director of Planning, and to obt a i n t h e Director's approval of: A. A revised landscaping plan, which provides for a screenin g berm as depicted in Exhibit D, attached hereto, and made a part hereof, for purposes of screening the parking an d loading areas from County Road #67. B. Samples of exterior materials to be used on the structure to be constructed on the property. C. Samples of the lighting standards to be used on th e property. Upon approval by the Director of Planning, Developers ag r e e t o implement, or cause to be implemented, those improvements l i s t e d above, as approved by the Director of Planning, in accord a n c e w i t h the terms and conditions of Exhibit C, attached hereto. 12. Developers acknowledge that the development and use of the p r o p e r t y is subject to the variances granted by the Board of Appe a l s . S a i d variances are defined in the Final Order of the Board o f A p p e a l s attached hereto as Exhibit E, and made a part hereof. Crosstown Prairie Office Warehouse CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-253 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 47-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 47-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of November, 1988; 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. 47-88, 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. 47-88 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 1, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk ( Crosstown Prairie Office Warehouse CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 47-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: LIMEY: This Ordinance allows amendment of the zoning of land located south of County Road 067, east of Nine Mile Creek, north of the Chicago, Milwaukee, St. Paul A Pacific Railroad, within the 1-2 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 , 1988. (A full copy of the text of this Ordinance is available from the City Clerk.) Bluestem Hills 5th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 48-88-PUD-I3-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, RE M O V I N G C E R T A I N L A N D F R O M O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE L E G A L D E S C R I P T I O N S O F L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE C H A P T E R 1 A N D S E C T I O N 1 1 . 9 9 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOT A , O R D A I N S : Section 1. That the land which is the subject of this Ordina n c e (hereinafter, the "land") is legally described in Exhibi t A a t t a c h e d h e r e t o a n d m a d e a part hereof. Section 2. That action was duly initiated proposing that the land i n said Exhibit A which is zoned Rural be removed from th e R u r a l D i s t r i c t a n d t o g e t h e r with the land in Exhibit A zoned R1-13.5 and be p l a c e d i n t h e P l a n n e d U n i t Development 12-88-R1-13.5 District (hereinafter "PUD 13 - 8 8 - R 1 - 1 3 . 5 " ) . Section 3. The land shall be subject to the terms and conditio n s o f that certain Developer's Agreement dated as of Nov e m b e r 1 , 1 9 8 8 , e n t e r e d i n t o between Brown Land Company and the City of Eden Prair i e ( h e r e i n a f t e r " D e v e l o p e r ' s Agreement"). The Developer's Agreement contains the te r m s a n d c o n d i t i o n s o f P U D 1 3 - 88-R1-13.5, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 13-88-R1-13.5 is not in conflict with the goals o f t h e G u i d e Plan of the City. B. PUD 13-88-R1-13.5 is designed in such a manner to for m a d e s i r a b l e and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 1 1 a n d 1 2 o f the City Code, which are contained in PUD 13-88-R 1 - 1 3 . 5 , a r e justified by the design of the development described th e r e i n . D. PUD 13-88-R1-13.5 is of sufficient size, composition, and arrangement that its construction, marketing, and o p e r a t i o n i s feasible as a complete unit without dependence upon an y s u b s e q u e n t unit. Section 5. The proposal is hereby adopted and the land shall be, a n d hereby is, and shall be included hereafter in the Planne d U n i t D e v e l o p m e n t 1 3 - 8 8 - R I - 13.5 District, and the legal descriptions of land in e a c h d i s t r i c t r e f e r r e d t o i n City Code Section 11.03, subdivision 1, subparagraph B , s h a l l b e a n d a r e a m e n d e d accordingly. Section 6. City Code Chapter 1 entitled "General Provisions a n d Definitions Applicable to the Entire City Code Includ i n g P e n a l t y f o r V i o l a t i o n " a n d Section 11.99 entitled "Violation a Misdemeanor" a r e h e r e b y a d o p t e d i n t h e i r entirety by reference, as though repeated verbatim her e i n . 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 E d e n Prairie on the 4th day of October, 1988, and finally read and adopte d a n d o r d e r e d published at a regular meeting of the City Council of said City on t h e 1 s t d a y o f November, 1988. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of EXHIBIT A LEGAL DESCRIPTION FOR PROPERTY TO BE REZONED Outlots F and G, BLUFFS EAST 4TH ADDITION, City of Eden P r a i r i e , Hennepin County, Minnesota, except that part of Outlot G d e s c r i b e d as follows: Beginning at the northeast corner of said Outlot GI then c e South 0 degrees 14 minutes 31 seconds West, along the ea s t line of said Outlot G, 264.48 feet; thence continuing alo n g said east line South 1 degree 00 minutes East 424.00 fee t ; thence South 89 degrees 00 minutes West, along the south li n e of said Outlot G, 105.00 feet; thence continuing along sai d south line South 73 degrees 45 minutes 48 seconds West 246. 8 7 feet; thence North 35 degrees 00 minutes West 414.35 feet ; thence North 75 degrees 30 minutes West 360.21 feet; thenc e North 62 degrees 00 minutes West 116.57 feet; thence Nort h 5 3 degrees 30 minutes West 80.14 feet; thence North 32 deg r e e s East 125.35 feet; thence North 2 degrees 41 minutes 4 8 seconds West 65.87 feet; thence North 28 degrees 00 minu t e s East 143.19 feet to the north line of said Outlot G; the n c e South 62 degrees 51 minutes 35 seconds East, along said n o r t h line, 167.50 feet; thence continuing along said north l i n e South 82 degrees 23 minutes 42 seconds East 241.60 fe e t ; thence continuing along said north line North 81 degrees 1 4 minutes 48 seconds East 252.74 feet; thence continuing a l o n g said north line South 89 degrees 45 minutes 29 seconds E a s t 314.33 feet to the point of beginning. LEGAL DESCRPITION FOR PROPERTY TO BE PLATTED Outlots F and G, Bluffs East 4th Addition. Bluestem Hills 5th Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1988, by Brown Land Company, a Minnesota partnership, hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept on 15.92 acres, Planned Unit Development District Reivew on 15.92 acres, with waivers for street frontage, underlying Zoning District Change from Rural to R1-13.5 on 10.57 acres and underlying Zoning District Amendment within the R1-13.5 District on 2.26 acres, and Preliminary Plat of 12.83 acres into 15 single family lots, three outlots, and road right-of-way, 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 #48-88-PUD- 13-88, 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 29, 1988, reviewed and approved by the City Council on October 4, 1988, 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. Concurrent with, and as part of the final plat for the property, Developer agrees to: A. Replat Lot 4, Block 2, Bluestem Hills 4th Addition, a s depicted in Exhibit B, attached hereto, in order t o p r o v i d e for combination of Outlot B of the property with s a i d L o t 4 , Block 2. B. Dedicate to the City Outlots A and C, as depicted i n E x h i b i t B, attached hereto. Said outlots shall be dedicat e d t o t h e City free and clear of any liens, mortgages, o r o t h e r encumbrances. C. Provide for a utility and drainage easement a c r o s s t h e southerly portions of Lots 3, 4, 5, 6, 7, 10, 1 1 , 1 2 , a n d 13, Block 1, as depicted in Exhibit B, attach e d h e r e t o . Developer further agrees to provide to the Cit y a w r i t t e n scenic easement over the exact same area describ e d a b o v e f o r purposes of protection of the Purgatory Creek C o n s e r v a n c y Area. 4. Prior to release of the final plat for the pro p e r t y , D e v e l o p e r agrees to obtain from the land owner(s) to the nor t h a w a r r a n t y d e e d in favor of the City for the north half of Bl u e s t e m L a n e . S a i d warranty deed shall be for a strip of land 25 f t . w i d e , l o c a t e d adjacent to the right-of-way for Bluestem Lane a l o n g L o t s 1 , 2 , 9 , 10, 11, and 12, Block 1, as depicted in Exhibit B, a t t a c h e d h e r e t o . 5. Prior to release of the final plat for the prope r t y , D e v e l o p e r s h a l l submit to the City Engineer, and obtain the City E n g i n e e r ' s a p p r o v a l of plans for streets, sanitary seise., water , s t o r m s e w e r , a n d erosion control for the property, including d e t a i l s o f h o w s t o r m water will be directed away from the retaining w a l l s l o c a t e d o n L o t s 4, 5, and 6, Block 1, as depicted in Exhibit B , a t t a c h e d h e r e t o . Said plans shall also include an oversized s t o r m s e w e r p i p e t o Purgatory Creek. Upon approval by the City Engineer, Developer s h a l l c o n s t r u c t , o r cause to be constructed, those improvements li s t e d a b o v e i n s a i d plans, as approved b,2! the City Engineer, in acco r d a n c e w i t h E x h i b i t C, attached hereto. 6. Prior to release by the City of the final plat, D e v e l o p e r a g r e e s t o submit to the Building Department, and to ob t a i n t h e B u i l d i n g Department's approval of detailed plans for t h e r e t a i n i n g w a l l s indicated on the grading plan in Exhibit B, att a c h e d h e r e t o . S a i d plans shall include details with respect to t h e h e i g h t , t y p e o f materials, and method of construction to be used f o r s a i d r e t a i n i n g walls. Upon approval by the Building Department, De v e l o p e r a g r e e s t o construct said retaining wall improvements as s t a t e d a b o v e , a s approved by the Building Department, concurrent w i t h t h e g r a d i n g a n d street construction on the property, and in ac c o r d a n c e w i t h t h e terms and conditions of Exhibit C, attached hereto . 7. Developer agrees to notify the City and the Watershed District at least 48 hours in advance of any grading, or tree removal, on the property. 8. Prior to issuance of any grading permit on the property, Developer agrees to submit to the Director of Planning, and to obtain the Director's approval of, a tree replacement plan for 40 caliper inches of trees which are planned to be removed from the property due to construction on said property as approved by City. Prior to release of the final plat for the property, Developer agrees to submit to the Director of Planning and obtain Director's approval of, a security instrument (bond, letter of credit, etc.) guaranteeing replacement of said 40 caliper inches of trees in accordance with the terms and conditions of the Tree Preservation Policy of the City, attached hereto as Exhibit D, and made a part hereof. Upon approval by the Director of Planning, Devetoper agrees to Implement, or cause to be implemented, said tree replacement plan, in accordance with the terms and conditions of Exhibit D, attached hereto. 9. Developer agrees to implement erosion control measures and adequate protective measures for areas to be preserved and areas where grading is not to occur, and to obtain City approval of said measures. Developer agrees that said protective measures shall include, but not be limited to: A. Grading shall be confined to that area of the property within the construction limits. B. Snow fencing shall be placed at the construction limits within the wooded areas of the property prior to any grading upon the property. C. City shall perform an on-site inspection of said protective measures on the property. 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 receive 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. 10. Developer has submitted to the Director of Planning and obtained the Director's approval of a tree inventory 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) Z10 inches in diameter, or greater, at a leve l 4 . 5 f e e t a b o v e g r o u n d level. If any such trees are removed, damaged, or d e s t r o y e d o u t s i d e o f t h e construction area, Developer agrees that pr i o r t o i s s u a n c e o f a n y building permit for the property, Developer sh a l l : A. Submit to the Director of Planning, and obtain t h e Director's approval of a reforestation pla n f o r a l l t r e e s removed, damaged, or destroyed outside of t h e c o n s t r u c t i o n area. Said plan shall indicate that the t r e e s s h a l l b e replaced by similar tree species and that th e t r e e s u s e d f o r reforestation shall be no less than six inch e s i n d i a m e t e r . The amount of trees to be replaced shall b e d e t e r m i n e d b y the Director of Planning, using a square i n c h p e r s q u a r e inch basis, according to the area of the circ l e c r e a t e d b y a cross sectional cut through the diameter o f a t r e e a s measured 4.5 feet above the ground. B. Prepare and submit to the Director of Plan n i n g , a n d o b t a i n the Director's approval of a written estim a t e o f t h e c o s t s of the reforestation work to be completed. C. Submit a bond, or letter of credit, guarant e e i n g c o m p l e t i o n of all reforestation work as approved by t h e D i r e c t o r o f Planning. Developer agrees that the amount o f t h e b o n d , o r letter of credit, shall be 150% of the app r o v e d e s t i m a t e d cost of implementation of all reforestation w o r k a n d s h a l l be in such form and contain such other prov i s i o n s a n d t e r m s as may be required by the Director of Plannin g . Upon approval by the Director of Planni n g , Developer shall implement, or cause to be implemented, tho s e i m p r o v e m e n t s l i s t e d above in said plans, as approved by the Direc t o r o f P l a n n i n g . 11. Concurrent with street and utility constru c t i o n o n t h e p r o p e r t y , Developer agrees to construct, or cause to be c o n s t r u c t e d , f i v e - f o o t wide concrete sidewalks in the following l o c a t i o n s o n t h e p r o p e r t y as depicted in Exhibit 8, attached hereto: A. Along the north side of Bluestem Lane acro s s f r o m L o t s 9 , 10, 11, and 12, Block 1. B. Along the north side of Bluestem Lane acro s s t h e f r o n t o f Lot 1, Block 2. C. Along the north side of bluestem Lane acro s s t h e f r o n t o f Lots 1, 3, and 4, Block 2, Bluestem Hills 4th A d d i t i o n . D. Along the west side of Bennett Place across t h e f r o n t o f L o t 1, Block 2, Bluestem Hills 4th Addition. Said sidewalks shall be constructed in ac c o r d a n c e w i t h t h e C i t y standards and specifications for sidewalks a n d i n a c c o r d a n c e w i t h the terms and conditions of Exhibit C, atta c h e d h e r t o . 12. Developer and City acknowledge that the struc t u r e s a n d r e t a i n i n g walls are to be located at the edge of sensitive areas and that setbacks for the structures on the propert y a r e a t O r d i n a n c e minimums, as depicted in Exhibit B, attache d h e r e t o . I f l a r g e r units are built, or if the retaining walls a r e n o t l c o a t e d a s depicted in said Exhibit B, or if the building p a d i s m o v e d f r o m t h e location depicted in said Exhibit B, it may resu l t i n m o r e t r e e l o s s on the property, resulting in the requirement f o r s u c h t r e e s t o b e replaced on an area inch per area inch basis. T h e r e f o r e , D e v e l o p e r agrees that construction of units on Lots 4, 5, a n d 6 , B l o c k 1 , a s depicted in said Exhibit B shall be executed exa c t l y a s d e p i c t e d i n said Exhibit B. Any changes to the individual l o t s i t e p l a n s w h i c h differ from that as depicted in said Exhibit B s h a l l b e r e t u r n e d t o the Planning Commission and City Council fo r r e v i e w , p r i o r t o issuance of any building permit on any such indiv i d u a l l o t . 13. As part of Planned Unit Development #13-88, C i t y h e r e b y g r a n t s a waiver from the requirements of Chapter 11 o f t h e C i t y C o d e a s follows: For Lot 5, Block 1, as depicted in Exhibit B, a w a i v e r f r o m the requirement for 55 ft. width at street f r o n t a g e o n a cul-de-sac to 20 ft. 101 Bluestem Hills 5th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-254 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 48-88-PUD-13-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 48-88-PUD-13-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of November, 1988; 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. 48-88-PUD-13-88. 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. 48-88-PUD-13-88 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 1, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Bluestem Hills 5th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 48-88-PUD-13-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: This Ordinance allows amendment of zoning within the R1- 13.5 District and rezoning of land from the Rural District to the PUD-13-88-R1-13.5 District, located west of Bluestem Lane, north of Purgatory Creek, subject to the terms and conditions of a developer's agreement. Exhibit A, included with th i s 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 , 1988. (A full copy of the text of this Ordinance is available from the City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #88-255 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIWAY 494/CROSSTOWN RACQUET, SWIM AND HEALTH CLUB FOR NORTHWEST RACQUET, SWIM AND HEALTH CLUB, INC. BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Hiway 494/Crosstown Racquet, Swim and Health Club for Northwest Racquet, Swim and Health Club, Inc., dated October 28, 1988, consisting of 9.73 acres into one lot, 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 1st day of November, 1988. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #88-256 RESOLUTION APPROVING THE PRELIMINARY PLAT OF HOLASEK ADDITION FOR RICHARD HOLASEK BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Holasek Addition for Richard Holasek, dated October 28, 1988, consisting of 6.4 acres into one lot, one outlot, and road right-of-way, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 1st day of November, 1988. Gary D. Peterson, Mayor ATTEST: John D. Franc, City Clerk Background This item was previously reviewed at the April 4, 1988, Planning Commission meeting. At that time, a continuance was recommended based upon the lack of information regarding parking demand, traffic, ultimate club membership and re- lationship to parking and traffic, screening of the south parking lot from single family homes, and public safety. In a letter dated April 6, 1988, Staff recommended that a traffic study be conducted in order to respond to these questions. The proponent contracted Strgar, Roscoe, Fausch, Inc., to develop a parking study for the Hiway 494 Crosstown Racquet, Swim, and Health Club. This study was completed in September, 1988. STAFF REPORT TO: Planning Commission FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT: FEE OWNERS: REQUEST: Donald R. Uram, Assistant Planner Chris Enger, Director of Planning October 7, 1988 Hiway 494 - Crosstown Racquet, Swim, and Health Club East of Baker Road, north of Holasek Lane Northwest Racquet Swim and Health Clubs, Inc. Northwest Racquet Swim and Health Clubs, Inc./Richard Holasek 1. Zoning District Change from Rural to Community Commercial on 2.2 acres. 2. Zoning District Amendment within the Community Commercial District on 9.73 acres with variances to be reviewed by the Board of Appeals. 3. Preliminary Plat of 9.73 acres into one lot and 6.4 acres into one lot, one outlot, and road right-of-way. Hiway 494 Racquet Club 2 October 7, 1988 Parking Study The results of the parking study are as follows: Summary of Conclusions Future peak parking demand totals approximately 555 spaces. The maximum practical capacity of the club results in a parking demand of approximately 780 spaces. On-site parking supply needs to be increased to accommodate 585 vehicles in conjunction with the proposed club expansion and should have provision for future increase to approximately 820 spaces on-site to accommodate the maximum practical capacity of the club. Traffic operations on public roadways in the area will continue to exhibit adequate levels of service without need for significant geometric changes. An internal circulation roadway or second access roadway for on-site parking is not necessary under the recommended parking option. Summary of Recommendations Construct a three-level parking ramp on the west portion of the north lot to accommodate approximately 620 total on-site parking spaces. Provide for ultimate construction of additional on-site parking for a total of approximately 820 spaces. Implement a Parking and Traffic Management Plan for peak weekday parking periods and for special events (detailed in report). Site Plan The proposed site plan involves 3 areas of review including the building addition, construction of the parking ramp, and the temporary parking lot. Building Addition A 29,392 square foot building addition is proposed along the south side of the existing building where five outdoor tennis courts were to be located. The addition will contain two indoor tennis courts and six racquetball courts on the court level and a storage area. Within the existing building, two indoor tennis courts will be eliminated to allow for the expansion of the men's and women's locker rooms to include an additional 2,000 lockers and approximately 10,000 square feet of free exercise space. Based upon an overall building size of 193,854 square feet, and a 9.73 acre site, the proposed Base Area Ratio (B.A.R.) is 33.8% while the Floor Area Ratio (F.A.R.) is 45.7%. City Code allows a maximum B.A.R. of 20% and an F.A.R. of 40%. The proponent will be required to apply for, and receive, a variance from the Board of Appeals for excess B.A.R. and F.A.R.. The proposed building also comes within 13 feet of the southern property line. A variance will be required for a side yard setback less than 20 feet. Hiway 494 Racquet Club 3 October 7, 1988 Temporary Parking Lot The temporary parking lot is to be located on the Holasek piece which was previously proposed. A total of 115 parking stalls are indicated with access from the driveway serving the City water tower. With this additional 115 parking stalls, 90 parking stalls on the tennis courts, and 360 stalls within the north lot, a total of 565 parking stalls will be provided. The parking study indicated an existing week-day peak parking demand of 480 stalls. As part of the ramp construction, a total of 172 parking stalls will be removed from the north lot leaving a total of 393. This is approximately 87 stalls short of the existing demand. The proponent has indicated that approximately 60 people use the shuttle lot, which has a capacity of 275 stalls. During construction, which will take between 6 - 8 months, management should emphasize the need for additional people to use the shuttle during peak hours. Considering the future use of the property, the temporary parking lot will not have to be paved but will require a gravel base. The existing driveway shall be paved to a width of 24 feet with curb and gutter to the control gate. Detailed drawings shall be submitted for engineering review. It is the proponent's intention that once the parking ramp has been constructed that the property be dedicated to the City for use as a neighborhood park. The park will contain four tennis courts, playground equipment, and a park shelter. Parking Ramp The parking study recommended that a three-level parking ramp, containing 520 spaces, be constructed in the northwest corner of the site. This would allow for a total of 708 parking stalls. As part of the traffic study, the maximum practical capacity of the club was determined. Based upon the use of the building, time spent at each exercise station, locker room capacity, etc., a total practical demand may be as high as 780 parking stalls. Utilizing a parking efficiency of 95%, 820 parking stalls would be needed. The parking ramp is designed to accommodate an additional level for expansion purposes if ever needed. Grading/Utilities Two locations on the project site in which grading will occur include the parking ramp area and the temporary parking lot. The parking ramp grading primarily involves the excavation of the site to allow for a lower floor elevation. Because surface parking will continue adjacent to the ramp, minimal site grading is proposed. The temporary parking lot will be graded to allow for access and parking at slopes not to exceed 5% to 6%. The grading plan should be revised in accordance with the proposed park plan. Due to the parking lot layout, a 10-foot setback is provided along the south property line. Because no opportunity exists for berming, temporary screening must be accomplished through the use of plant material. All utility services are provided to the building. Additional catch basins are required and provided within the parking ramp. Utility plans are subject to engineering review. ,Q"")9 Hiway 494 Racquet Club 4 October 7, 1988 Architecture The building expansion will be designed exactly as the existing buildi n g , u s i n g t h e same building materials and colors. The parking ramp will be const r u c t e d f r o m concrete with facebrick panels to match the existing building on the u p p e r l e v e l s . The footprint of the parking ramp is approximately 59,700 square feet a n d m e a s u r e s 28 feet in height. Landscaping Based upon a building addition of 29,392 square feet and a parking d e c k w i t h 3 levels containing approximately 179,100 square feet, a total of 744 ca l i p e r i n c h e s are required. Because an overage of plant material exists currentl y , o n l y a n additional 659 caliper inches are required. In reviewing the landsca p e p l a n , n o room exists to plant any additional material on-site. Because of t h i s , t h e landscape plan shall be revised to reflect a minimum of 10-foot e v e r g r e e n t r e e s adjacent to the parking structure to help break up the mass of the b u i l d i n g a n d t o screen the interior lighting, three caliper inch deciduous trees and e i g h t - f o o t evergreen trees within the green area adjacent the building expansion, a n d p e r m a n e n t plant material within the proposed park area. Plantings within the par k s h o u l d b e coordinated with the Park Planner. ligage Additional directional signage and a building identification sign will b e l o c a t e d o n the proposed parking ramp. All signage will have to meet the requir e m e n t s o f t h e City of Eden Prairie. Lighting On the temporary parking lot, there are a total of 10, 15-foot dow n c a s t c u t - o f f luminars. Because this is a temporary situation, the lighting p r o p o s e d i s acceptable. To light the tennis court parking, there are 9, 2,00 0 - w a t t f l o o d lights. Staff is recommending that the proponent eliminate all lights f a c i n g s o u t h and that 15-foot downcast cut-off luminars be located at the ent r a n c e t o t h e driveway and into the tennis court parking area. This should be do n e c o n c u r r e n t with the parking lot grading. On the upper deck of the parking ramp, there are 12, 15-foot light pole s , a n d 5 , 2 0 - foot light poles. The 20-foot poles will be approximately 43 feet abov e g r a d e o r a maximum of 6 feet above the existing poles. The 15-foot poles will be 8 f e e t b e l o w the existing poles. In a lighting study conducted by the proponent, i t i n d i c a t e s that the foot candles at the adjacent townhouses range from 0.00-0.01, f o r b o t h t h e existing and the proposed lighting standards. Based upon the informatio n s u b m i t t e d , lighting should not differ significantly from what is existing to what i s p r o p o s e d . Pedestrian Systems As part of the overall pedestrian system in this area, the proponent sha l l c o n s t r u c t a sidewalk from the temporary parking lot to the existing sidewalk on t h e e a s t s i d e of Baker Road. P,J)73 Hiway 494 Racquet Club 5 October 7, 1988 Preliminary Plat In order to build the temporary parking lot, the proponent is purchasing approximately 2.21 acres from the Holasek's. The entire site is 6.34 acres and will be divided into one lot and one outlot. Lot 1, Block 1, will be used by the tennis club for temporary parking and ultimately dedicated to the City for use as parkland. The proponent has indicated that funds will be provided to build the four tennis courts as shown on the proposed park plan. With this platting, additional variances are being requested. The minimum lot size required in the community commercial zoning district is 5 acres with a minimum lot width of 300 feet. The proposed plat depicts a lot size of 2.2 acres and a lot width of 190 feet. Finally, because the original property was never platted, the proponent is platting the 9.73 acres on which the building is located. STAFF RECOMMENDATIONS Staff would recommend approval for the request of the Northwest Racquet Swim and Health Club, Inc., for Zoning District Change from Rural to Community Commercial on 2.2 acres and Zoning District Amendment within the Community Commercial District on 9.73 acres with variances to be reviewed by the Board of Appeals, Preliminary Plat of 9.73 acres into one lot, and 6.4 acres into one lot, one outlot, and road right- of-way, based upon plans dated September 21, 1988, and Staff Report dated October 7, 1988, and subject to the following conditions: 1. Prior to Council review, proponent shall: A. Revise the grading plan for the temporary parking lot to include the tennis court and park layout with a maximum grade of 5% to 6%. B. Revise the lighting plan to reflect the elimination of the 2,000 watt flood lights on the southern property line. C. Revise the landscape plan to include a minimum of 10-foot evergreen trees adjacent the parking structure and to include large caliper inch plant material within the proposed green area adjacent to the building expansion. The proponent shall also include a revised landscape plan for the tennis courts. D. Revise the plans to reflect a 24-foot access drive constructed to City standards with curb and gutter to provide access into the temporary parking lot. 2. Prior to Final Plat, proponent shall: A. Submit detailed storm water run-off and erosion control plans for review by the Watershed District. B. Submit storm water run-off, utility, and erosion control plans for review by the Engineering Department. 3. Prior to Grading permit issuance, proponent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. ,p,V1 Hiway 494 Racquet Club 6 October 7, 1988 B. Stake the construction limits with erosion control fencing. C. Stake the grading limits with a snow fence. Any trees lost outside the proposed grading limits shall be replaced on a cross-sectional trunk area inch per area inch basis. 4. Apply for, and receive, approval for the following variances from the Board of Appeals: A. Base Area Ratio. B. Floor Area Ratio. C. Side yard setback. D. Lot size. E. Lot width. 5. With the development of the project, the proponent shall implement a parking management plan. 6. The proponent shall implement a parking ramp inspection plan. 7. The proponent shall give guarantee of land dedication of the 2.21 acres which is the location of the temporary parking lot. The proponent shall also provide the City with security for the construction of the four tennis courts. 8. Guarantee construction of the 4th level of the ramp for a total of 820 parking stalls if determined necessary by the City based upon documented parking problems in the future. 579, PROPOSEC ; SITE :5 1 AREA LOCATION MAP '");7 / STAFF REPORT TO: Planning Commission FROM: Donald R. Uram, Assistant Plamer THROUGH: Chris Enger, Director of Planning DATE: March 25, 1988 PROJECT: Hiway 494/Crosstown Racquet, Swim, and Health Club LOCATION: East of Baker Road, north of Holasek Lane APPLICANT: Northwest Racquet, Swim, and Health Clubs, Inc. FEE OWNER: Richard Holasek REQUEST: 1. Zoning District Change from Rural to Community Commercial cm 2.2 acres. 2. Zoning District Amendment within the Community Commercial District on 9.73 acres, with variances to be reviewed by the Board of Appeals. 3. Preliminary Plat of 6.4 acres into one lot, one outlot, and road right-of-way for the construction of a 26,570 square foot building addition and an additional parking lot. Background This 9.73-acre site is the location of the previously approved Hiway 494/Crosstown Racquet, Swim, and Health Club. This project was reviewed by the Planning Commission and approved by the City Council in 1985. Conditions of this approval are recorded in a developer's agreement, signed and dated July 15, 1986. In the developer's agreement, it is stated that, "should any parking shortages occur, the developer shall provide additional spaces on the property to accomodate the in- creased parking demand under the cmditions described in the letter from the developer attached hereto as Exhibit D and made a part hereof." (See Attachment A) The Hiway 494/Crosstown Racquet Club 2 March 25, 1988 current proposal is for a 26,570 square foot building addition and the platting of a 2.2-acre tract of land to allow for the construction of a 116-stall parking lot. Site Plan/Preliminary Plat The original site, containing 9.73 acres is the location of the existing 164,462 square foot health club. The proposal is to add an additional 26,570 square feet as an extension of the existing building along the southern property line where five outdoor tennis courts were to be located. This area is currently used as overflow parking for 94 vehicles. Based upon a proposed parking lot containing 116 stalls, only an additional 22 parking stalls will be provided. With the building addition, two courts would remain outside and two tennis courts auld be enclosed. Also, tennis courts #5 and #6, located in the southeast correr of the existing building, will be deleted to allow space for additional men's and women's locker rooms at court level and additional exercise areas at entry level. No information has been submitted regarding what effect this addition will have on parking demand or if the additional 22 parking stalls will solve the existing parking problem. Including the addition, overall building square footage would total 191,032 square feet at a 45.1% Floor Area Ratio (F.A.R.). The maximum F.A.R allowed in the Community Commercial zoning district is 40%. Since this project was approved in 1986, the City has amended Chapter 11 to include a Base Area Ratio (B.A.R.) which is defined as the ratio of the total base area (footprint of the building) to total lot area. This amendment, which limits the B.A.R. of buildings, was approved with Ordinance #9-87, effective May 6, 1987. The maximum B.A.R. allowed in the Community Commercial zoning district is 20%. The proposed building will have a B.A.R. of 31.8%. Without the expansion, an F.A.R. of 38.8% and a B.A.R. of 28.7% would exist. It should be noted that due to the location of thr City-owned access drive to the water tower, it is not possible to combine the existing parcel with the parcel to the south. If this were possible, the total site area would be 11.93 acres or 519,671 square feet. Based on this figure, a F.A.R. of 36.9% and a B.A.R. of 26% would be applicable, which is still exceeds City Cede. The proposed building expansion meets the minimum Code requirements of the Community Commercial zoning district with the exception of B.A.R., F.A.R., and side yard setback. The required side yard setback is 20 feet. The plans depict a 17-foot setback. The proponent will be required to either apply for and receive approval of a variance for the B.A.R., F.A.R., and side yard setback or revise the plans to reflect the elimination of the building expansion. The second part of this request is the platting of the Holasek property to the south, which would include 2.21 acres to be acquired by the tennis club and used for parking, and 4.2 acres which would remain under the ownership of Mr. Holasek. With this platting, additional variances are being requested. The minimum lot size required in the Community Commercial zoning district is 5 acres with a minimum lot width of 300 feet. The proposed plat depicts a lot size of 2.2 acres and a lot width of 190 feet. Finally, thp remaining lot, which is guided for Community Commercial, only contains 4.2 acres which, if zoned Community Commercial, would not meet the minimum lot size requirement. Park ing/Access The platting of the 2.2-acre tract is to allow for the construction of 116 parking stalls designed to alleviate the parking problems which have been experienced at the Hiway 494/Crosstown Racquet Club 3 March 25, 1988 Hiway 494/Crosstown Racquet, Swim, and Health Club s i n c e i t s o p e n i n g . W i t h t h i s addition, a total of 476 parking stalls would be provide d . I t i s n o t k n o w n w h e t h e r additional parking spaces would be required in the fut u r e . A c c e s s t o t h e p a r k i n g lot would be from Pinnacle Drive. Should turning m o v e m e n t s a t t h e B a k e r Road/Pinnacle Drive intersection became a problem, the pr o p o n e n t w i l l be required to construct a right-turn lane on Pinnacle Drive. Because the parking shortage typically occurs during the p . m . p e a k h o u r , c o n c e r n h a s been raised regarding cross traffic movement between t h e t w o p a r k i n g l o t s . T h e primary careen" is one of turning movements off, an d o n t o , B a k e r R o a d . T h e proponent shall develop and implement a parking manag e m e n t p r o g r a m w h i c h , a t a minimum, includes a member information program and sign a g e w h i c h i n d i c a t e s w h e n a lot is full. This program shall be subnitted prior to Cou n c i l r e v i e w . Due to the parking lot location, it is necessary that pe o p l e c r o s s t h e C i t y - o w e d driveway to ente"r the health club. An easement form s h a l l b e p r e p a r e d b y t h e proponent for review by the City which allows pedestrian m o v e m e n t f r o m t h e p a r k i n g lot and Baker Road on and across the driveway for entrance p u r p o s e s . Grad ing/Ut jutes This site is generally sloping in a westerly directi o n f r o m t h e 9 9 6 c o n t o u r elevation 'ccated along the eastern property line to t h e 9 6 0 c o n t o u r e l e v a t i o n i n the southwest corner. Prcposed grading on the p a r k i n g l o t w i l l o c c u r u p t o approximately the 980 contour elevation. Maximum cut a n d f i l l o n t h i s s i t e i n c l u d e s approximately 2 feet of fill and a cut of approximately 5 feet adjace n t t h e h i l l . The grading of the hill will be minor to allow a 3:1 s l o p e . T h e p r o p o n e n t i s providing berms within the front yard setback adjacent P i n n a c l e D r i v e a t e l e v a t i o n s of 963 and 964 which will provide adequate screening fro m B a k e r R o a d a n d P i n n a c l e Drive. Because of the significant high point to the ea s t o f t h e p r o p o s e d p a r k i n g lot, concern has been raised regarding the potential de v e l o p m e n t o f t h i s a r e a i f t h e property is zoned. It is recarmended that the proponen t n o t z o n e t h i s a r e a e a s t o f the parking lot until such time as a development propos a l i s s u b n i t t e d . Due to the 10-foot setback along the south property li n e , b e r m i n g i s n o t p o s s i b l e for screening purposes from the single family homes t o t h e s o u t h . A l t e r n a t i v e s suggested to the proponent for screening are included i n t h e L a n d s c a p e s e c t i o n o f this report. Utility requirements for this project include a catch b a s i n s y s t e m w i t h i n t h e parking lot with ultimate discharge to a catch basin lcca t e d a l o n g t h e n o r t h s i d e o f Baker Road. La ndscaping Based upon an additional building square footage of 26, 5 7 0 s q u a r e f e e t , a t o t a l o f 83 caliper inches of plant material is required. The pro p o n e n t i s a l s o r e q u i r e d t o provide 39 caliper inches of tree replacement based up o n a t r e e l o s s o f 1 0 0 % . A total of 132.5 caliper inches are provided as part of t h e l a n d s c a p e p l a n . A s mentioned in the grading section, concern has been raised a b o u t t h e s c r e e n i n g o f t h e parking areas along the southern property line. Becau s e t h e s e t b a c k i s o n l y t e n feet, the possibility for benning does not exist. Altern a t i v e s w h i c h h a v e b e e n discussed with the proponent for screening include a c q u i r i n g a d d i t i o n a l p r o p e r t y from the adjacent property ower, berming and land s c a p i n g o n b o t h p a r t i e s ' Hiway 494/Crosstown Racquet Club 4 March 25, 1988 properties, and the possibility for a fence. The proposal for screening at this point includes 10 evergreen trees and 16 cherry trees. In order to further evaluate the screening of this area, the proponent shall provide site lines from the property to the south through the parking lot to determine vi,at type of screening would be required. At a minimum, the proponent shall provide a double row of 8 and 10-foot evergreens. Si n_gage/1.. No additional signage is proposed with the building expansion. The lighting plan includes a series of 25 and 35-foot high lights within the parking lot. Because of the location adjacent a residential area, the proponent shall revise the plan to include a maximum pole height of 20 feet. Concurrent with parking lot contruction, the proponent will be required to remove the security lights on the outdoor temis Courts. STAFF RECOMMENDATIONS If the Plaming Commission feels that the proposed building expansion and parking area is acceptable based upon the submitted plans, Staff would recommend approval based upon plans dated March 25, 1988, and Staff Report, dated March 15, 19.14, ard subject to the following conditions: 1. Prior to Council review, proponent shall: A. Submit a parking management plan which, at a minimum, details a member informational ard signage program. B. Submit a screening plan for the south property line of the parking lot. C. Submit a form for an easement across City property to allow pedestrian access to the south building entrance from the parking lot and Baker Road. D. Submit a revised legal description which eliminates the easterly 220 feet from the zoning description. E. Reduce the pole height of the lights to a maximum of 20 feet. 2. Prior to Final Plat, proponent shall: A. Submit a detailed storm water run-off and erosion control plan for review by the Watershed District. B. Submit detailed storm water run-off, utility, and erosion control plans for review by the Engineering Department. 3. Prior to Building permit issuance, proponent shall pay the Cash Park Fee. 4. Prior to Grading permit issuance, proporent shall: A. Notify the City and Watershed District at least 48 hours in advance of grading. Hiway 494/Crosstohn Racquet Club 5 March 25, 19:1 B. Stake the construction limits with erosion control fencing. C. Stake the grading limits with a snow fence. Any trees lost outside the proposed grading lin its shall be replaced on a cross-sectional trunk area inch per area inch basis. 5. Apply for and receive approval for the following variances from the Board o f Appeals: A. Floor Area Ratio B. Base Area Ratio C. Building Setback 0. Lot size E. Lot width 6. Concurrent with parking lot construction, proponent shall remove the security lighting on the outdoor tennis courts. On the other hard, if the Plaming Comrnission feels that the variances have n o t b e e n substantiated and that additional information is required regarding parking d e m a n d , Staff %ould recannend that the Plaming Comission continue the project u n t i l s u c h information is available. 2000 PIPER JAFTRAT TOwEn 222 SOW.. 1.NTH STREET MINNEAPOLIS. NoNNESOTA SS•02 TELEPHONE 16121 226-6610 LARKIN. HOFFMAN, DALY & LINDGREN, LTD. ATTORNEYS AT LAW 1600 NORTHWESTERN FINANCIAL CENTER 7900 XERKES AVENUE SOUTH BLOOMINGTON. MINNESOTA 55431 TELEPHONE 16121 1235 -3000 eLDER•L PRACTICE PARTNERS... LARKIN. NOEL 6 FALK SUITE 100 1201 PIENNSYLv•HiA,“ w WASHINGTON. 0.0 20004 TELEPHONE 12021717-1000 OCN•1.0 • SCC• Two.A1. 1, • •CC• J O. 5. 1.0c.rrwswi 1.640.•7 RODCw6C• •••Cott.MC ...AC, • 0.6 14. 11101sCair ...... 01.0.t•ft T € oo0 •NOsforw Owvim G. 640CtLC• 40.6v ..<011•CR• l.o.AS G. 646•00...1..0. •••OlC• CC A 0.076..CILAP !OCR ", 0•6•44 •••Cr ,C. O A... • Pty... it S IJO•ro • •••.106,1" •n•• 0•0.• c..O• •L•14, t. witO0w G•wr. C CO,C. MARI* r- . Cf. 11.4 06 6cOrTC MC•••••• 1-0.aft• • ROC. P C,. covLC cATHERNFE ..... T? w n LsoNv or coRN6EL 40 .6E.N ROHS T.O.AS CAM,' ..... • LARK.. IIIRecwr L Horr• JACK • O•l• 1.6.0awk. 06.00cyo r 00.0.f.t60. WV.GCL, •NOCR0004 GCR•LO 0.1 .K.ERELL Rostov 6.W.1MOCW 0.1.1,64 MOOCI, J. 60[0414CS6Er .0.1,0 Pt ILCI,C.CA J•OJCS C CRIC•SON COw•PO J. OWISCOLI. J AM(' • 0.4itMr JO.4 Mcm.G. C.C.( ruLtCR J OSC•. •Nr.O.V 0/0/10 C. SCLI.CWG•CM J O.. D. f ..... plowER? E. •ovLc •••••64.6 14.1./CY 111.C64•00 • fore.c.LCR PocHARo A .0•OF,C W OOLF, r 0.40.1,0 nJC. CH•PmCS 6.00C". CHP.stoPHER ORCTIEN ROCHA.° I 01•640.0 JON% •C•TMC “. STROT.C. LINO.* • rlfmC• 7/4064•4 1,06,64.0.6 •TC.C. G LiCylow COPRCSIr O. NOW6.6. C P•CMAC6. 6 u•POUtiCS SITCP.E. 601.0mo. € C Exhibit D, Pau, 1 of 2 December 12, 1985 The Honorable Gary Peterson, Mayor City Councilmembers City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Parking for Normandale Tennis Club Dear Mayor and Councilmembers: The Site Plan for the proposed Normandale Tennis Club on Baker Road in the City of Eden Prairie provides 317 parking spaces to serve the club. Normandale Tennis Club's experience with their ten other racquet and swim clubs in the metropolitan area indicates that 317 parking spaces will be more than sufficient to meet the needs of the club. Because the tennis club rcpresents a somewhat unique use, City ordinances do not specify a minimum number of required spaces and, in fact, there are no real industry standards directly applicable. For this reason, staff has requested and the Planning Commission has recommended that Normandale Tennis Clubs, Inc. submit documentation stating that should any parking shortages occur they will provide additional spaces to accommodate the increased demand. This letter is submitted as the requested documentation to confirm that Normandale Tennis Clubs, Inc. will provide additional parking spaces as necessary to accommodate their members should any parking shortages )ccur following construction and during operation of the WA, ATTACHMENT A Exhibit D, Page 2 of 2 LARKIN, HOFFMAN, DALY 8c LINDGREN, LTD. The Honorable Gary Peterson, Mayor City Councilmembers December 12, 1985 Page 2 club. It is our understanding that if th e C i t y i d e n t i f i e s a p a r k i n g problem beinq caused by the Club due to o f f - s i t e p a r k i n g o n B a k e r R o a d or in adjacent residential areas, a deter m i n a t i o n w i l l b e m a d e a s t o the number of additional spaces necessary a n d t h e y w i l l b e p r o v i d e d . We will be happy to discuss this further d u r i n g t h e C o u n c i l ' s r e v i e w of the Site Plan. Peter K. Beck, for LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. Attorneys for Normandale Tennis Clubs, In c . PKB:AG2S VAC 88-10 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-244 NOTICE OF VACATION OF UTILITY AND PONDING EASEMENTS LOCATED IN WELTER PURGATORY ACRES 2ND ADDITION WHEREAS, the City of Eden Prairie has certain utility and ponding easements described as follows: (Legal Description attached here as "Exhibit A") WHEREAS, a public hearing was held on November 1, 1988, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said utility and ponding easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: 1. Said utility and ponding easements as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on November 1, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk 1 6 VAC 88-11 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-245 VACATION OF A DRAINAGE AND UTILITY EASEMENTS IN WELTER PURGATORY ACRES 1ST ADDITION WHEREAS, the City of Eden Prairie has certain drainage and utility easements described as follows: All drainage and utility easements delineated and dedicated on Lots 12, 13 and 14, Block 2, Welter Purgatory Acres 1st Addition, according to the recorded plat thereof, Hennepin County, Minnesota WHEREAS, a public hearing was held on November I, 1988, after due notice was published and posted as required by law; WHEREAS, it has been determined that the said drainage and utility easements are not necessary and have no interest to the public, therefore, should be vacated. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows: I. Said drainage and utility easements as above described are hereby vacated. 2. The City Clerk shall prepare a Notice of Completion of the proceedings in accordance with M.S.A. 412.851. ADOPTED by the Eden Prairie City Council on November I, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk NOVEMBER 1.1988 46378 DATASERV REFUND-STARING LAKE PARK BUILDING RENTAL 46379 JOHN ERICKSON REFUND-SWIMMING LESSONS 46180 SARAH ERICKSON REFUND-SWIMMING LESSONS 6381 VIGINIA BAGEL REFUND-SKATING LESSONS 46382 JULIE GREEN REFUND-EXERCISE CLASS 46383 MARY HEALY REFUND-SKATING LESSONS 46384 MN DEPARTMENT OF NATURAL RESOURCE -LICENSE FEE-LIQUID PIPELINE-R E S E A R C H R D & PURGATORY CREEK 46385 MN RECREATION & PARK ASSOCIATION FOOTBALL REGISTRATION-ORGANIZE D A T H L E T I C S 46386 NSF SERVICE 46387 STATE TREASURER STATE OF MINNESOT LICENSE FEE-WATER DEPT 46388 GAIL STENGER REFUND-SKATING LESSONS 46389 UNIVERSITY OF NEBRASKA CONFERENCE-ADMINISTRATION 46190 U S WEST CELLULAR INC SERVICE 46391 AT&T CONSUMER PRODUCTS DIV SERVICE 46392 AT&T SERVICE 46393 EAGLE WINE CO WINE 46394 GRIGGS COOPER 6 CO LIQUOR 46395 JOHNSON BROS WHOLESALE LIQUOR CO LIQUOR 46396 ED PHILLIPS & SONS LIQUOR 46397 PRIOR WINE CO WINE 46398 QUALITY WINE & SPIRITS CO LIQUOR 46399 U S WEST COMMUNICATIONS SERVICE 46400 DANA GIBBS SERVICE-PACKET DELIVERY 46401 VIRGINIA GUNNARSON REFUND-RACQUETBALL LESSONS 46402 MEGAN KURZEKA REFUND-SWIMMING LESSONS 46403 PAPER WAREHOUSE -PLASTIC FORKS/SPOONS/CUPS/TICKET ROLLS/ PAPER PLATES/POSTER BOARD-SUNBONNET DAY ,404 PARK NICOLLET MEDICAL CENTER FITNESS TESTS-FIRE DEPT ,405 PETTY CASH EXPENSES-CITY HALL 46406 SHAKOPEE FORD INC -WHEEL COVER/GAS VALVE/CARBURATOR/BASE -PLATE/BRAKE PADS/REPAIR FUEL PRESSURE- EQUIPMENT MAINTENANCE/FIRE DEPT 46407 U S POSTMASTER POSTAGE-ELECTION 46408 U S WEST COMMUNICATIONS SERVICE 46409 COMMISSIONER OF REVENUE SEPTEMBER 88 SALES TAX 46410 A T 0 M CONFERENCE-POLICE DEPT 46411 SANDY FITZGERALD REFUND-YOUTH CREATIVE CRAFTS 46412 IACP CONFERENCE-POLICE DEPT 46413 MN POLICE & PEACE OFFICERS ASSOC CONFERENCE-POLICE DEPT 46414 MRPA ANNUAL CONFERENCE -CONFERENCE-PARKS RECREATION & NATURAL RESOURCES 46415 RMRS SYSTEM POSTAGE-POLICE DEPT 46416 TECHNICAL SURVEILLANCE SERVICES CONFERENCE-POLICE DEPT 46417 CITY-COUNTY CREDIT UNION PAYROLL 10/14/88 46418 COMMISSIONER OF REVENUE PAYROLL 10/14/88 46419 CROW WING COUNTY SOCIAL SERVICES CHILD SUPPORT DEDUCTION 46420 FEDERAL RESERVE BANK PAYROLL 10/14/88 46421 GREAT WEST LIFE ASSURANCE CO PAYROLL 10/14/08 46422 HENNEPIN CTY SUPPORT & COLLECTION CHILD SUPPORT DEDUCTION 46423 ICMA RETIREMENT CORPORATION PAYROLL 10/14/88 46424 INTL UNION OF OPERATING ENG OCTOBER 88 UNION DUES 46425 EXECUTIVE DIRECTOR-PERA PAYROLL 10/14/88 46426 EXECUTIVE DIRECTOR-PERA NOVEMBER 88 LIFE INSURANCE PREMIUM UNITED WAY PAYROLL 10/14/88 50.00 21.00 21.00 30.30 24.00 30.40 90.00 200.00 98.43 15.00 33.65 69.00 233.04 88.58 532.21 83.67 5140.41 6426.51 2004.65 1024.64 1136.96 5519.34 230.00 29.00 10.00 63.75 106.00 67.13 254.81 115.00 49.01 23529.79 30.00 16.00 350.00 50.00 540.00 500.00 450.00 1226.00 10277.09 252.00 51401.01 3971.00 211.00 1204.24 897.00 25510.49 90.00 211.50 14455463 NOVEMBER 1,1988 46428 METROPOLITAN WASTE CONTROL COMMIS 46429 STATE TREASURER ,64730 AT&T CONSUMER PRODUCTS DIV 6431 AT&T 46432 MEDCENTERS HEALTH PLAN 46433 MINNESOTA VALLEY ELECTRIC CO-OP 46434 NORTHERN STATES POWER CO 46435 NOR 46436 U S WEST COMMUNICATIONS 46437 STATE OF MINNESOTA 46438 TARGET 46439 EAGLE WINE CO 46440 GRIGGS COOPER t CO INC 46441 JOHNSON BROS WHOLESALE LIQUOR 46442 ED PHILLIPS & SONS CO 46443 PRIOR WINE CO 46444 QUALITY WINE CO 46445 AMERICAN ARBITRATION ASSOCIATION 46446 AMERICAN WATER WORKS ASSOCIATION 46447 SUSAN FINSTUEN 46448 WENDY FOTY 46449 RANDY MILLER 46450 PETTY CASH-COMMUNITY CENTER. 46451 UNIVERSITY OF MINNESOTA 46452 UNIVERSITY OF MINNESOTA 46453 JASON-NORTHCO PROP LPII1 46454 HOPKINS POSTMASTER .455 KIETH JOHNSON ENTERPRISES 46456 ZUHRAH SHRINE CIRCUS 46457 MC DONALD'S 46458 A & H WELDING & MEG CO. 46459 A TO Z RENTAL CENTER 46460 AAA STRIPING SERVICE INC 46461 ACRO-MINNESOTA INC 46462 AIRLIFT DOORS INC 46463 AIRSIGNAL INC 46464 ALDER CONSTRUCTION INC 46465 ALEXANDER BATTERY NORTH 46466 AMERICAN LINEN SUPPLY CO 46467 MARY BOTTELENE AM1OT 46468 EARL F ANDERSEN & ASSOC INC 46469 ARMOR SECURITY INC 46470 ASSOCIATED ASPHALT INC 46471 AUTO CENTRAL SUPPLY 46472 BARTON ASCHMAN ASSOCIATES INC 46473 BATTERY & TIRE WAREHOUSE INC 474 BAUER BUILT TIRE & SVC 14808008 SEPTEMBER 88 SAC CHARGES 35961.75 SEPTEMBER 88 BLDG SURCHARGE 4860.45 SERVICE 7.49 SERVICE 831.75 OCTOBER 88 HEALTH INSURANCE PREMIUM 12038.50 SERVICE 55.25 SERVICE 8030.75 SERVICE 26614.62 SERVICE 332.29 BIKE REGISTRATIONS 130.00 -TYPEWRITER/OFFICE SUPPLIES-OUTDOOR CENTER 218.95 STARING LAKE PARK WINE 4391.15 LIQUOR 2426.31 WINE 5022.24 WINE 6973.56 WINE 177.34 WINE 4483.85 LEGAL SERVICE-COMMUNITY CENTER LITIGATION 4000.00 SCHOOL-WATER DEPT 297.00 REFUND-SWIMMING LESSONS 21.00 REFUND-SKATING LESSONS 38.00 SERVICE-PACKET DELIVERY 46.00 EXPENSES-COMMUNITY CENTER 37.57 CONFERENCE-ENGINEERING DEFT 90.00 CONFERENCE-PLANNING DEPT 16.00 NOVEMBER 88 RENT-LIQUOR STORE 5885.67 POSTAGE-SENIOR NEWSLETTER 64.73 -ENTERTAINMENT-GREAT PUMPKIN EVENT- 125.00 HISTORICAL & CULTURAL COMMISSION ADULT PROGRAM/FEES PAID 1095.00 EXPENSES-SPECIAL EVENT 18.04 WELDING SUPPLIES-WATER DEPT 60.00 -SOD CUTTER RENTAL-STREET MAINT/STEP 85.56 LADDER RENTAL-POLICE BUILDING STREET STRIPING-STREET MAINTENANCE 125.00 -OFFICE SUPPLIES-CITY HALL/POLICE DEPT/ 1174.13 LATERAL FILE-0483.75-HUMAN RESOURCES DOOR VALVE REPAIR-EQUIPMENT MAINTENANCE 234.00 PAGER SERVICE-POLICE DEPT 82.00 REFUND-METER DEPOSIT 303.88 BATTERIES-POLICE DEPT 77.89 TOWELS-LIQUOR STORE 8.78 SERVICE-HISTORICAL & CULTURAL COMMISSION 30.00 SIGNS-STREET DEPT 1213.05 -4TH QUARTER MAINTENANCE AGREEMENT-PARK 142.50 MAINTENANCE BLACKTOP-STREET MAINTENANCE 108.29 -AIR CAPS/SPRAY GUN/CARTRIDGES/THINNER/ 468.89 -REDUCER/CONVERTER/PAINT-PARK MAINTENANCE/ EQUIPMENT MAINTENANCE SERVICE-HIGHWAY 5 TO COUNTY ROAD 4 17937.50 -BRAKE DRUM/SPARK PLUGS/BATTERIES/STARTERS- 296.60 EQUIPMENT MAINTENANCE TIRES/TUBES/TIRE REPAIR-EQUIPMENT MAINT 1441.77 ,2IAB NOVEMBER 1,1988 46475 ANNETTE BEACH NOTARY STAMP-POLICE DEPT 5.00 46476 BERGIN AUTO BODY 6477 VOID OUT CHECK 46470 BFI MEDICAL WASTE SYSTEMS 46479 BERRY COFFEE COMPANY 46480 BLACKS PHOTOGRAPHY -PAINT/REPAIR SOuAD CARS !, DUMP TRUCK- EQUIPMENT MAINTENANCE SERVICE SERVICE-CITY HALL -FILM/FILM PROCESSING-FORESTRY DEPT/ ENGINEERING DEPT/SENIOR CENTER 2795.00 0.00 40.00 256.50 112.15 46481 BLOOMINGTON DOOR COMPANY INC DOOR REPAIR-POLICE DEPT 46482 LOIS BOETTCHER -MINUTES-PARKS RECREATION !, NATURAL RESOURCES COMMISSION 46483 BOYUM EQUIPMENT INC -1 SNOMPLOW-$3961.00/SPREADER-$235S.00- STREET DEPT 46484 LEE BRANDT HOCKEY OFFICIAL/FEES PAID 46485 BRAUN ENG TESTING INC SERVICE-FIRE STATIONS a3 U *4 46486 BRO-TEA INC TOWELS-EQUIPMENT MAINTENANCE 46487 BRYAN ROCK PRODUCTS INC GRAVEL-STREET MAINTENANCE/PARK MAINTENANCE 46488 BUCKINGHAM DISPOSAL INC OCTOBER 88 WASTE DISPOSAL 46489 BUSINESS RECORDS CORPORATION LEGAL FORMS/PRINTER RIBBON-ELECTIONS 46490 KEVIN CARLSON REFUND-CPR CLASS 46491 CERTIFIED LABORATORIES GREASE-EQUIPMENT MAINTENANCE 46492 CHEMLAWN LAWN CARE-SENIOR CENTER 464 9 3 CLUTCH !, TRANSMISSION SER INC -GEAR/BEARING KIT/DIFFERENTIAL KIT/WASHERS/ SEALS-EQUIPMENT MAINTENANCE 46494 JOHN D CONLEY EXPENSES-POLICE DEPT 46495 CONTACT MOBILE COMMUNICATIONS INC BATTERY/RADIO REPAIR-EQUIRME N T M A I N T E N A N C E 46496 CONTECH COMET PRODUCTS INC CULVERT EXTENSION/BAND -DRAINAGE CONTROL 46497 CONSTRUCTION MATERIALS INC CEMENT/CONCRETE RAK1/GROOVER-STREET MAINT 198 COPY EQUIPMENT INC PEN SET-PARK PLANNING ,499 CORPORATE RISK MANAGERS INC OCTOBER 88 INSURANCE CONSULTANT 46500 CUTLER-MAGNER COMPANY OUICKLIME-WATER DEPT 46501 DALCO CLEANING SUPPLIES-WATER DEPT 46502 CRAIG DAWSON EXPENSES/MILEAGE -ADMINISTRATION 46503 DAY-TIMERS INC OFFICE SUPPLIES-PLANNING DEPT 46504 DEAN BERRY ASSOCIATES INC TRAINING-POLICE FORFEITURE -DRUGS 46505 MITCHELL J DEAN MILEAGE-LIQUOR STORE 46506 LARRY A DOIG EXPENSES-FIRE DEPT 46507 DRISKILLS SUPER VALU EXPENSES-POLICE DEPT 46508 DRISKILLS SUPER VALLI EXPENSES-CITY HALL 46509 DPI SKILLS SUPER VALU EXPENSES-COMMUNITY CENTER 46510 EDEN PRAIRIE CHAMBER OF COMMERCE -2 EXHIBITS AT COMM/IND DAY/EX P E N S E S - C I T Y HALL 46511 EDEN PRAIRIE FIRE DEPARTMENT SCHOOL-FIRE DEPT 46512 E P PHOTO FILM/FILM PROCESSING-POLICE DEPT 4651: E P PHOTO FILM/FILM PROCESSING-FIRE DEPT 46514 CITY OF EDINA SERVICE-SEPTEMBER 88 WATER TESTS 46515 ELVIN SAFETY SUPPLY INC CHEMICALS/FACE MASKS -COMMUNITY CENTER 46516 CHRIS ENGER OCTOBER 88 EXPENSES 46517 JEFF ESS HOCKEY OFFICIAL/FEES PAID 46510 DON EVE !, SONS REFUND-METER DEPOSIT 46519 FAIRCHILD MARKETING ADVERTISING-LIQUOR STORES 46520 FEED RITE CONTROLS INC CHEMICALS-WATER DEFT 46521 FINLEY BROS ENTERPRISES -SERVICE-ROUND LAKE SOFTBALL FIELD IMPROVEMENTS FLEET MAINTENANCE INC PUMP TRANSMISSION REPAIRS-FIRE DEFT S 8 4 7 - 9(1.00 64.48 6314.00 176.00 193.00 124.67 297.56 809.00 54.53 24.0) 666.67 100.00 697.62 5.50 190.00 86.95 140.41 51.00 530.00 3303.44 213.00 54.25 17.11 3700.00 11.25 22.17 73.78 577.60 7.16 506.00 170.54 55.04 58.96 173.50 105.40 200.00 23.00 513.87 350.00 2920.00 10608.00 1025.14 q NOVEMBER 1,1988 46527 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LI Q U O R S T O R E S 46524 JOHN M FREY COMPANY 240 PRESSURE REGULATORS-WATER DEPT ,525 LYNDELL F FREY MILEAGE-COMMUNITY CENTER o526 G & K SERVICES -COVERALLS/TOWELS-WATER DEPT/PARK MAINT/ LIQUOR STORE 46527 DARRELL GEDNEY HOCKEY OFFICIAL/FEES PAID 46528 GENERAL OFFICE PRODUCTS CO OFFICE SUPPLIES-CITY HALL 46529 JEANETTE GILLIS KIDS KORNER INSTRUCTOR/FEES PAID 46530 JOSEPH GLEASON HOCKEY OFFICIAL/FEES PAID 46571 GNERER WELDING INC HOSE RACK-FIRE DEPT 46572 GOODYEAR COMMERCIAL TIRE & SERVIC SEALS/TIRES - E Q U I P M E N T M A I N T E N A N C E 46577 GOPHER SIGN CO SIGN POSTS-WATER DEPT 46534 GOVERNMENT TRAINING SERVICE TRAINING-POLICE DEPT 46575 GRANT MERRITT & ASSOCIATES LTD -SEPTEMBER 98 LEGAL SERVICE-FLYING CLOUD LANDFILL 46576 GROSS OFFICE SUPPLY OFFICE SUPPLIES-POLICE DEPT 46577 LEROY GUBA HOCKEY OFFICIAL/FEES PAID 46578 HARDRIVES INC LIMESTONE-STREET MAINTENANCE 46539 HELLER'S CARBONIC WEST INC CHEMICALS-WATER DEPT 46540 HENN CTY-SHERIFFS DEPT SEPTEMBER 88 BOOKING FEE 46541 HENNEPIN COUNTY TREASURER POSTAGE-VOTER REGISTRATION VERIFICATIONS 46542 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT 46547 HENNEPIN COUNTY TREASURER SEPTEMBER 88 WASTE DISPOSAL-FORESTRY DEFT 46544 HENNEPIN TECHNICAL INSTITUTE SCHOOL-FIRE DEPT 46545 HOFFERS INC FIELD MARKING-PARK MAINTENANCE 46546 HONEYWELL INC -PROCESS CONTROL 3RD QUARTER 89 MAINT AGREEMENT-WATER DEPT 46547 JEFF HOVLID EXPENSES-WATER DEPT 549 HUSTAD DEVELOPMENT CORP REFUND-METER DEFOSIT ,549 INDEPENDENT SCHOOL DIST #272 -JANITORIAL SERVICE-SENIOR CENTER/PRINTING RECREATION SUPERVISOR 46550 INSTY-PRINTS PRINTING-POLICE DEPT 46551 INTL ASSOC OF ASSESSING OFFICERS BOOKS-ASSESSING DE P T 46552 INTL OFFICE SYSTEMS INC -OCTOBER 88 MAINTENANCE AGREEMENT-POLICE DEPT 46557 MICHAEL W JACQUES MILEAGE-LIQUOR STORE 46554 JERRY'S SUPERYALU SUPPLIES-SUNBONNET DAY 46555 JM OFFICE PRODUCTS INC -OFFICE SUPPLIES-SEWER DEPT/WATER DEPT/ -FIRE DEPTi19 CHAIRS/2 TABLES/FILE CABINET- $4795.67-FIRE DEPT 46556 JEAN JOHNSON REFUND-SPECIAL ASSESSMENT PAYOFF 46557 CARL JULLIE -SEPTEMBER 88 & OCTOBER 88 EXPENSES- REPAIR 125 HP PUMP-WATER DEPT 46559 KEROS CARTWRIGHT LEGAL SERVICE-FLYING CLOUD LANDFILL 46559 KEYS WELL DRILLING CO REPAIR 125 HP PUMP-WATER DEPT 46550 MARY KOTTKE VOLLEYBALL & BASKETBALL OFFICIAL/FEES PAID 46561 KRAEMER3 HOME CENTER -BATTERIES/BATTERY CHARGER/SPRAYER KIT/ LETTERS/DRILL BIT-WATER DEPT/STREET DEPT 46562 LAB SAFETY SUPPLY SAFETY POUCHESSTAND-POLICE DEPT 46567 LAKEVILLE EXCAVATING REFUND-METER DEPOSIT 46564 LANo,ILhrt rFODUCTS CENTER, TREESISHRUBS/WOODCHIPS/STAKES-FIRE DEPT 46565 LANG PAUL'/ & GREGERSON LTD -JUNE 88 LEGAL SERVICE/JUNE 88 COMMUNITY -CENTER LITIGATION/SEPTEMBER 98 FLYING CLOUD LANDFILL/JUNE 88 CABLE TV 66 LAFWSTUP ENGINEERING & SUPPLY INC SPROCKET-PARK M A I N T E N A N C E 1719.57 5349.60 103.75 587.75 114.00 24.96 155.50 290.00 1400.00 1328.00 749.00 285.00 15735.00 134.59 160.00 285.39 824.99 606.39 87.45 580.00 112.50 900.00 299.15 3727.00 22.27 245.97 88.41 42.50 20.00 364.91 7.50 53.80 4672.52 300.00 161.38 6315.09 3450.00 121.00 79.76 92.58 556.00 1899.00 29246.52 25.00 2771700 NOVEMBER 1.1908 46567 L LEHMAN & ASOIATE5 INC 6568 LEAGUE OF MINNESOTA CITIES 6569 LEEF BROS INC 46570 EUGENE M LEFEBURE TRUCKING INC 46571 LONG LAKE FORD TRACTOR INC 46572 LOUISVILLE LANDFILL INC 46573 TRACY LUKE 46574 M & M PRINTING INC 46575 MARTIN-MCALLISTER 46576 MASYS CORPORATION 46577 DAVID MCCARVILLE 46578 MCGLYNN BAKERIES INC 46579 MEDICAL OXYGEN & EQUIP CO 46580 MEDICINE LAKE LINES 46581 METRO PRINTING INC 46587 METROPOLITAN WASTE CONTROL commts 46583 METROPOLITAN WA3TE CONTROL conmIs 46584 MENARDS 46595 MIDWEST ASPHALT CORP 46586 BRIDGET MILLER 46587 MARION MILLER 46588 MINNESOTA COMMUNICATIONS COD F' 46589 MN CONWAY FIRE & SAFETY 46590 MN DEPT OF JOBS & TRAINING 46591 MN SUBURBAN PUBLICATIONS '592 MN VALLEY WHOLESALE INC ,593 MINUTEMAN PRESS 46594 MOON VALLEY AooRtL,AseS 46595 MOTOROLA INC 46596 MOTOROLA INC 46597 MUNICILITE CO 46598 GREGORY J MUELLER 46599 MY CHEESE SHOP 46600 NEW BOUNDARY DESIGNS INC 46601 JP NOREX INC 46602 NORTH STAR TURF INC 46603 NORTHERN STATES POWER CO 46604 NRPA 46605 PATRICK & CO 46606 JOHN T PARKER 46607 T A PERRY ASSOCIATES INC 46608 CONNIE L PETERS 46609 RICHARD R PETERSBURG 46610 THE PINK COMPANIES 46611 PLEHAL BLACKTOPP1NG INC 46612 PRAIRIE HARDWARE 46613 PRAIRIE HARDWARE 17242756 -SEPTEMBER 23 LEGAL SERVICE-FLYING CLOUD LANDFILL MEMBERSHIP DUES COVERALLS-EQUIPMENT MAINTENANCE SERVICE-DOZER WORK-PARK DEPT SHIFT LEVER REPAIR-EQUIPMENT MAINTENANCE WASTE DISPOSAL-WATER DEFJ/STREET DEPT EXPENSES-POLICE DEPT PRINTING RECRUITING FOSTERS-FIRE DEFT STRESS TESTS-POLICE DEPT -NOVEMBER 88 COMPUTER MAINTENANCE-POLICE DEPT SERVICE-STARING LAKE PARK BLDG EXPENSES-CITY HALL/POLICE DP OXYGEN-FIRE DEPT BUS SERVICE-ADULT PROGRAMS OFFICE SUPPLIES-POLICE DEPT NOVEMBER 88 SEWER SERVICE CHARGES REFUND-METER DEPOSIT WOOD POSTS-WATER DEPT BLACKTOP-STREET MAINTENANCE MILEAGE-ADMINISTRATION EXPENSES/KIDS KORNER INSTRUCTOR/FEES PAID OCTOBER 88 PAGER SERVICE-POLICE DEPT -LENS COVER/EXTINGUISHER RECHARGING: EXTINGUISHER REPAIR-FIRE DEPT 1ST QUARTER 88 EMPLOYMENT REPORT ADVERTISING-LIQUOR STORE TREES/SHRUBS-FIRE DEPT FIRE PREVENTION SUPPLIES-FIRE DEPT GRAVEL-STREET MAINTENANCE BASE STATION RADIO EQUIPMENT-FIRE DEPT RADIO REPAIR-FIRE DEPT SPOTLIGHT/BRACKET-WATER DEFT VOLLEYBALL OFFICIAL/FEES PAID EXPENSES-FIRE DEPT OFFICE SUPPLIES-POLICE DEPT -SERVICE-REPAIR CURB BOX ON JACKSON/REPAIR LEAK-EDEN BROOK PLACE SPACER/WASHER-PARK MAINTENANCE -SERVICE-EDENBROOK ADDITION/FOUNTAIN PLACE -APARTMENTS/3RD GUARTER 88 RESIDENTIAL PRINTOUT DUES-COMMUNITY CENTER DOG TAGS-CITY HALL MILEAGE-COMMUNITY CENTER DRAIN CLEANING-POLICE BUILDING MILEAGE-COMMUNITY CENTER SCHOOL-ASSESSING DEPT 2 FILE CABINETS -BUILDING DEPT INSTALL ASPHALT DRIVEWAY-VALLEY VIEW RD UTILITY KNIFE/WASTE BASKET -LIQUOR STORE -TAPE/RECEPTACLES/CONNECTORS/CONVERTERS/ -WIRE/PLUGS/PENCILS/PAINT/BRUSHES/PIPE/ BULB-FIRE DEPT 7666.39 6953.00 132.73 130.00 249.99 156.00 5.45 752.00 200.00 1295.00 12.50 120.05 49.50 109.00 75.00 136607.35 276.43 22.23 169.51 5.00 171.95 82.00 271.35 100.00 178.00 2505.80 32.80 4E3.00 5517.00 929.89 62.88 54.00 18.53 18.75 936.65 22.47 4404.41 65.00 236.23 72.50 195.00 19.50 55.00 302.00 551.25 8.44 121.03 Z9 NOVEMBER 1.1993 46614 PRAIRIE HARDWARE -HOSE/TAPE/FITTINGS/TUBING/DEHUMIDIFIER/ -TAPE/PAINT/BATTERIES/KEYS/EXTENSION CORD- POLICE DEPT o615 PRAIRIE OFFSET PRINTING INC FIRE PREVENTION SUPPLIES-FIRE DEPT 46616 PRAIRIE VILLAGE MALL MERCHANTS AS ADVERTISING-LIOUOR STORE 46617 PRESERVE INSURANCE AGENCY ADDITIONAL LIQUOR LIABILITY INSURANCE 46618 CATHERINE PUTKA MILEAGE-UTILITY BILLING 46619 RAINBOW SIGNS INC SIGN PATCHES-POLICE DEPT 46620 REG PET & SUPPLY CO CANINE SUPPLIES-POLICE DEPT 46621 RIVIERA FINANCIAL SERVICES WRENCHES-EQUIPMENT MAINTENANCE 46622 CITY OF RICHFIELD 4TH QUARTER 03 DISPATCH SERVICE 46627 ROLLINS OIL CO GAS-EOUIPMENT MAINTENANCE 46624 ROBERT RYAN HOCKEY OFFICIAL/FEES PAID 46625 RYDER STUDENTTRANSPORTATION SERYI BUS SERVICE-KIDS KORNER 46626 ST PAUL BOOK & STATIONERY CO OFFICE SUPPLIES-POLICE DEPT 46627 THE SANDWICH FACTORY INC EXPENSES-POLICE DEPT 46628 SARGENT-WELCH SCIENTIFIC FUNNELS-WATER DEPT 46629 KEVIN W SCHMIEG JULY 88 EXPENSES-BUILDING DEPT 46630 CORY SMITH HOCKEY OFFICIAL/FEES PAID 46631 WILLIAM SMITH REFUND-METER DEPOSIT 46672 SNAP ON TOOLS CORP -SOCKETS/SOCKET SET/PLIERS/BIT-EOUIPMENT MAINTENANCE 46633 SOUTHWEST SUBURBAN PUBLISH INC -LEGAL ADS-PLANNING DEPT/HAPPENINGS- -COMMUNITY CENTER/RECRUITING POSTER -INSERTS-FIRE DEPT/ADVERTISING-HISTORICAL & CULTURAL COMMISSION/LIQUOR STORES 46634 SANDRA STETZ NOTARY STAMP-POLICE DEPT 46635 STOFFEL SEALS CORPORATION FIRE PREVENTION SUPPLIES-FIRE DEPT 636 STREICHERS PROFESSIONAL POLICE CO -GUN ACCESSORIES-POLICE FORFEITURE-DRUGS/ BATTERY/SIREN-POLICE DEPT 46677 SUBURBAN CHEVROLET -GREASE/SEAL ASSEMBLY/BOLTS/SCREW/ ALTERNATOR PARTS-EQUIPMENT MAINTENANCE 46638 SUNSET FRINTING & ADVERTISING SPE LITTERBAGS-FIRE DEPT 46679 NATALIE SWAGGERT OCTOBER 83 EXPENSES-HUMAN RESOURCES 46640 TELEDYNE TOTAL POWER POINTS/CONDENSER-EQUIPMENT MAINTENANCE 46641 THOMPSON PLUMBING REFUND-PLUMBING PERMIT 46642 TRIARCO ARTS & CRAFTS MOLDING PLASTER-FOR KIDS ONLY 46643 TV FANFARE ADVERTISING-LIOUOR STORES 46644 TWIN CITY OXYGEN CO OXYGEN/CARBON DIOXIDE MIX-EQUIPMENT MAINT 46645 TWIN CITY TESTING SERVICE-WATER SUPPLY SLUDGE ANALYSIS 46646 UNIFORMS UNLIMITED UNIFORMS-FIRE DEPT 46647 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 46648 UNITED LABORATORIES INC CLEANING SUPPLIES-WATER DEPT 46649 JEREMY UZZELL FOOTBALL OFFICIAL/FEES PAID 46650 LONNA UZZELL VOLLEYBALL OFFICIAL/FEES PAID 46651 VESSCO INC -PIN/BUSHING/BELTS FOR CHEMICAL FEEDERS- WATER DEPT 46652 CLAYTON G VNUK -SCREW GUN/SCREW DRIVER SETS/RATCHETS/TOOL -TRAY/WRENCHES/MIRRORS/TAPE/BLOW GUN-WATER DEPT/EQUIPMENT MAINTENANCE 46657 VOSS ELECTRIC CO LIGHT BULBS-POLICE BUILDING 46654 KEITH WALL OCTOBER 88 EXPENSES-POLICE DEPT 46655 WEST WELD WHEEL/ELECTRODE-EQUIPMENT MAINTENANCE 56 WILSON TANNER GRAPHICS OFFICE SUPPLIES-POLICE DEPT/WATER DEPT THE WINE SPECTATOR SUBSCRIPTION-LIQUOR STORE ;971515 343.12 473.00 50.00 479.00 64.50 47.00 385.60 85.00 19910.91 6668.00 88.00 60.00 7.40 39.45 53.90 200 00 210.00 95.50 121.45 3859.22 5.00 228.91 533.77 250.21 217.72 200.00 25.76 159.50 18.00 561.60 46.32 1000.00 256.15 828.05 245.96 270.00 44.00 219.97 578.95 58.08 208.00 168.15 320.00 35.00 ()co() NOVEMBER 1.1989 46656 ZACHMAN BROTHERS CONSTRUCTION 46659 ZEE MEDICAL SERVICE 46660 KAY ZUCCARO 7764 VOID OUT CHECK 45662 VOID OUT CHECK 46119 VOID OUT CHECK 46237 VOID OUT CHECK 46299 VOID OUT CHECK 46722 VOID OUT CHECK 106496 REFUND-BUILDING PERMIT FIRST AID SUPPLIES-CITY HALL/WATER DEPT AQUA AEROBICS INSTRUCTOR/FEES PAID 2413.00 65.65 245.00 9.50 - 21.00- 30.00 - 163.75- 1179.50- 255.24 - 8627657.33 JscA DISTRIBUTION BY FUNDS 235709.84 118;1.00 35'u0.25 29':,61.76 4130.00 17977.50 440.00 14808.00 26o.00 4597.80 600.00 681.25 300.00 60.00 44417.67 173642.01 :056.25 *0 GENERAL 11 CERTIFICATE OF INDENT 15 LIQUOR STORE--F V M 17 LIQUOR STORE-PRESERVE 21 POLICE FORFEITURE 22 STATE AID CONST 30 CASH PARK FEES 31 PARK ACOUIST & DEVELOP 23 UTILITY BOND FUND 39 86 FIRE STATION CONST 45 UTILITY DEBT FD AND 51 IMPROVEMENT CONST FD 55 IMPROVEMENT DEBT FUND AND 57 ROAD IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND V-,27.653. aisr TO: Mayor and Council FROM: John Frane, City Clerk DATE. September 8, 1988 RE: Request for city approval for Charitable Gambling The Hockey Association of Eden Prairie is requesting the City's approval for Charitable Gambling to be conducted at Greenstreets Restaurant. The association is a non-profit corporation registered with the State. A list of officers and their request is attached. We did not include their attachments 1, 3, and 4. Hockey Association of Eden Prairie clo Eden Prairie Community Center 16700 Valley View Road Eden Prairie, Minnesota 55344 City of Eden Prairie John Frane, Finance Director September 8, 1988 Dear Mr. Frane, The Hockey Association of Eden Prairie is requesting your acceptance of our obtaining a gambling license from the State of Minnesota. Hockey costs are more per Eden Prairie child than any of the other sports. With the rapid growth of Eden Prairie, there are more and more Eden Prairie children who need additional and special financial help to be a part of hockey in Eden Prairie. The monies collected thru our gambling permit will be used to help these less fortunate children. Any monies not used for this specific purpose will be escrowed and be used to build an additional sheet of ice in the city of Eden Prairie. Attachment #1 is our gambling license application to the State of Minnesota. Per Mr. Bushard's conversation with Mr. Frane, questions 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38 and 39 will be completed after your acceptance of our application. For your inspection, attachment #2, is a list of our directors for 1988 - 1989. Attachment #3 is our form 990, which is required by the IRS. Our final attachment (#4) is our Articles of Incorporation with the state's stamp of approval. We have supported the children of Eden Prairie since our conception in May of 1974. In order to better serve these children, we ask and need, your approval of this request. We will seriously and conscientiously abide by the laws pertaining to gambling in Minnesota. Any questions relating to this letter or its attachments can be directed to myself or Tom Bushard (944-2533). encl. c,f)A Attachment #2 HOCKEY ASSOCATION OF EDEN PRAIRIE 1988-1989 BOARD OF DIRECTORS STEVE BOOTS 11909 Pendleton Court Eden Prairie, MN 55344 944-1123 - H 529-2440 - W TOM BUSHARD 8750 Darnel Road Eden Prairie, MN 55347 944-2533 - H 379-8131 - W DAVE DUBE 9645 Squire Lane Eden Prairie, MN 55344 944-3709 - H 835-3133 - W PAT FIEDLER 15461 East Sunrise Circle Eden Prairie, MN 55347 937-8841 - H 475-6689 - W RON GIRARD 14075 Forest Hills Road Eden Prairie, MN 55344 937-9628 - H 942-8188 - W TOM KRMPOTICH 10456 Devonshire Eden Prairie, MN 55347 829-0704 - H 854-1700 - W JOHN LILLICRAP 8579 Darnel Road Eden Prairie, MN 55347 941-3943 - H 941-3236 - W TOM MEYER 13695 Theresa Place Eden Prairie, MN 55346 934-5813 - H 822-4272 - W BOB MIZELL 11441 Kensington Drive Eden Prairie, MN 55347 944-6924 - H 937-7377 - W MYRON OSTBY 7140 Quail Circle Eden Prairie, MN 55346 934-5645 - H 291-1355 - W LYNN SEPPMAN 7276 Hunters Run Eden Prairie, MN 55346 937-8412 - H DAVE SUNDEEN P.O. Box 27488 Golden Valley, MN 55427 553-9693 - H 540-2330 - W 2646 October 4, MB Hockey Association of Eden Prairie clo Eden Prairie Community Center 16700 Valley View Road Eden Prairie, Minnesota 55344 John Frane. Finance Director CITY OF EDEN PRAIRIE 7600 Executive Dr. Eden Prairie, MN 55344 Dear Mr. Frane: Per our conversation around September 20. 19813 you ask the following questions pertaining to the Hockey Association of Eden Prairie and its request for a pull tab gambling permit. 1. How will we control this pull tab operation? We will not use volunteer help. Someone will be hired and trained to run the daily detail pull tab operation. 2. Who is in charge? The Hockey Association Board will appoint two board members to manage and control the pull tab operation. 3. What is the rent? We will sign a lease agreement with Greenstreets that is acceptable to the State of Minnesota. Greenstreets and the Hockey Association of Eden Prairie. 4. Is it okay to save and use some of these funds for a second sheet of ice? An auditor From the gambling board of Minnesota instructed me that any monies used to "lesson the burden of government" is an acceptable use of the funds. If there are any other questions or concerns please feel free to contact our President. Bob Mizell. or myself. Sincerely. (21,!xyn Tom Bushard EDEN PRAIRIE HOCKEY BOARD MEMBER cc: Bob Mizell, President HAEP Hockey Association Board P.S. For your information I also attached the state approved Gambling Manager's Hand- book and a list of gambling applications to the state. DISBURSEMENT OF FUNDS BY PERCENTAGES $20,000 annually 15% - $3,000 - underprivileged 45% - $9,000 - lower fees 40% - $8,000 - new ice $50,000 annually 6% - $3,000 - underprivileged 44% - $22,000 - lower fees 50% - $25,000 - new ice $75,000 annually 4% - $3,000 - underprivileged 46% - $34,000 - lower fees 50% - $38,000 - new ice $100,000 annually 3% - 3000 - underprivileged 47% - $47,000 - lower fees 50% - $50,000 - new ice i 260°0 eden '. BATA unity October 18, 1988 Mayor Gary Peterson Eden Prairie City Hall 7600 Executive Drive Eden Prairie, MN 55344 Dear Mayor Peterson: On behalf of our church I would like to express our complete opposition to the pull-tabs proposal for the hockey program. We would agree with the statement made at the last City Counsel meeting that gambling is "the antithesis of some of the values that are being taught through those youth sports." We can appreciate the desire of the Hockey Association to do what they can to reduce the costs of hockey participation. But in this case, we do not feel that the end justifies the means. If you would like to discuss this further please feel free to call me here at the church or at home (934-4257). Sincerely, Gary !Kass Pastor GH/ko 17200ValleyViewRd., Eden Prairie, MN 55344 (612)937-9593 94COg 8579 Darnel Rd., Eden Prairie, MN 55347 16th October 1988 Dear Mr. Mayor, Members of the Eden Prairie City Council, I am a resident of Eden Prairie. Although I do not have the right to vote, being a resident alien, I do have two children who enjoy the sports programs offered by the city and local associations. In particular, both my sons are on Eden Prairie travelling hockey teams - one at the Squirt level, the other at the Bantam level. I feel, therefore, that I have a right to voice my opinions. After the Council meeting of October 4th 1988, there remained many details to be clarified. The Hockey Association agreed to assemble the requested facts and figures and present them to the Council as quickly as possible. In the meantime, there are a few points that I feel should be emphasized to help explain the reasoning behind the request for a Pull Tab permit. 1. At the current rate of expansion of the Eden Prairie hockey program registration, it is about to 'top out'. It will have to consider turning kids away because it cannot accomodate them. This is because the program does not have ice time available within the city and it is getting hard to find it in reasonably close communities. 2. The Association is buying all the ice it can from the Eden Prairie Community Center. If the program is to expand, more ice time will be needed. At present, this is not available in Eden Prairie unless other skating activities at the Community Center are seriously curtailed. This is not a viable alternative as a) it would impact the E.P. figure skating program and b) there isn't enough extra available even if the Center were devoted exclusively to hockey 18 hours a dayl 3. As the program expands, it will need more indoor ice. Because it is 'maxed out' at the EPCC, this means it must buy from other communities. This means that each year, more of the budget is going into the coffers of other cities. Because of the premium price that has to be paid for this ice, it also means that a greater percentage of the budget is spent on ice each year. This, of course, results in an increase in the cost to the participants in the hockey program. 4. The Association is asking to be licensed to use Pull Tabs to try to break this chain in the following ways: a) By raising enough money to enable it to build a second sheet of covered ice - thus raising the number of children Jan Snell Westgate Trail an Prairie, Mn. 55344 To the Mayor and the City Council: As a resident of Eden Prairie and a parent of two young people, I wish to express my strong opposition the the Hockey Association of Eden Prairie being allowed to establish a pull-tab gambling operation in our community. My personal belief is that this type of operation is not in the best interests of our community nor does it send an appropriate message to the young people in the community. My specific objections are as follows: 1. It would benefit only a small minority of youth in our community, predominantly young males. 2. It would set a precedent that could see our local restaurants all selling pull tabs for all kinds of youth sports organisations, as well as other groups such as the Scouting programs, etc. I personally do not want to see that happen in our community. 3. The law does not require that a member of the sponsoring group be actually present during the sale of pull tabs, but they are responsible for monitoring , operation. Who is actually going to make sure that pull tabs are not sold children under the age of 18? 4.The issue of the HAEP making some contribution the a second sheet of ice at the Community Center could lead to all sorts of confusion on who gets priority of use, etc. Hockey usage takes up an inordinate amount of ice time at the Community Center already, even though it generates income. I wouldsnot want to see the Eden Prairie Community Center become the HAEP Community Center by default. 5. I have a personal bias against gambling in all forms, and I would prefer that we do not uphold gambling as desirable in this community. I believe that the citizens have the obligation to set high standards of conduct and moral tone for the young people in our community. I would suggest that the HAEP begin other kinds of fund-raising activities in order to establish scholarship programs so that all young people who choose to play hockey may do so regardless of their financial status. Thank-you for your consideration in this matter. 1 cl....-Ap....—. Parent of 2 zAG- OCT 1 8 1988 , po/I at r ) Uthai'ci 77-0 24). 4/6. 9311-3 2,6 )91-1 prairie churcht October 12, 1988 Mayor Gary Peterson & Eden Prairie City Council Eden Prairie City Hall 7600 Executive Drive Eden Prairie, MN 55344 Dear Mr. Peterson and Council Members: It has come to my attention that a group of interested citizens of Eden Prairie have proposed gambling in the form of pull-tabs at Greenstreets Restaurant. It is my understanding that the proposal is to fund youth hockey. I have many concerns about this issue. 1. The quickness of this proposal demands time for local congregations to exa- mine the issue before the city approves or denies it. 2. What precedent does this set for our community? Has the council thought through the ramifications of the many groups that would wish the proceeds of gambling? If not, please study these ramifications. 3. Who will speak for the moral implications of this money-raising? Do you wish to approach the Eden Prairie Ministerial Association for their views on this issue? 4. Is the City Council aware of the many denominational stances regarding gambling? Please consider this letter as a plea for time to study, discuss and pray about this issue. Sincerely, The Rev. Jo Campe Pastor, Eden Prairie United Methodist Church mab 937-8781 — The Rev. Jo H. Campe eden prairie united methodist church, 15050 scenic heights road, eden prairie, mn 55344 111111111111M MTS imorm. MTS SYSTEMS CORPORATION BOX 24012, MINNEAPOLIS, MINNESOTA 55424 TELEPHONE 612.937.0000 TELEX 29-0521 MTS SYS ENPE FAX 612.937-4519 October 27, 1988 Mr. Gary Peterson Mayor City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 Dear Mayor Peterson: MTS Systems Corporation is planning the construction of an addition to our Eden Prairie facility. As required, we have submitted the material necessary to make application for a zoning change and understand that the final hearing on that application is scheduled for the City Council Meeting on December 6, 1988. Our schedule requires that construction begin immediately after approval. Because we can anticipate significant frost by that time, we are requesting approval of an excavation permit to allow us to perform work associated with soils correction and foundation excavation. We would appreciate very much the Council's consideration of our request. Sincerely, m-rs SYSTEMS CORPORATION owell Owens Vice President 1110/mv October 21, 1988 EDEN PRAIRIE SCHOOLS District 272 Gerald L. McCoy Superintendent Telephone: (612) 937-1650 Carl Jullie City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344 RE: County Road 1 Improvements Dear Carl: The Eden Prairie school district respectfully request s t h e C i t y o f E d e n P r a i r i e to conduct a feasibility study for making improvements o n C o u n t y R o a d 1 a d j a c e n t to the intersection where Cedar Ridge Elementary Sch o o l ' s d r i v e w a y i n t e r s e c t s with County Road 1. The school district has built a driveway to intersect wit h County Road 1. We have learned recently that the cou n t y e n g i n e e r i n g d e p a r t m e n t requires turning lanes to be constructed at this new i n t e r s e c t i o n . Since the school is scheduled to open during the fall o f 1 9 8 9 , w e w i l l r e q u i r e access by that date. The district would respectfully r e q u e s t y o u r a s s i s t a n c e i n constructing that intersection as required by the coun t y . W e u n d e r s t a n d t h a t this intersection will need to be constructed sometime in the future when the proposed street is installed. Your constructing the i n t e r s e c t i o n a t a n e a r l i e r date in order to service the school district drivewa y i s c r i t i c a l t o t h e s c h o o l district. The school district is one of the landowners receivin g b e n e f i t f r o m t h e i n t e r - section. We understand that a delay in assessing impr o v e m e n t s t o o t h e r l a n d - owners is important. The district would be willing to p a y i t s p o r t i o n o f t h e assessment early so that other landowners would not b e a s s e s s e d u n t i l a l a t e r date when benefit would be received by them. Sincerely yours, Gerald L. McCoy Superintendent GLM/11 cc: School Board Members Merle Gamm Eden Prairie Schools 8100 School Road Eden Prairie, MN 55344 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-246 RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY REPORT WHEREAS, it is proposed to make the following improvements: I.C. 52-155 (Install bypass lanes on CSAH 1 at the New Elementary School Site) and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study, and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on November 1, 1988. Gary D. Peterson, Mayor ATTEST: SEAL John D. Frane, Clerk MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation & Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Parks, Recreation & Natural R e s o u r c e s October 12, 1988 Review of Appraisal for Janikula Property Located a t 1 4 1 0 0 Pioneer Trail Attached is a summary of the appraisal report for t h e J a n i k u l a p r o p e r t y located at 14100 Pioneer Trail. This property is on th e n o r t h s i d e o f P i o n e e r Trail, immediately west of the Metropolitan Airpor t s C o m m i s s i o n f l y o u t z o n e for the north/south runway. Since the 1968 Guide Plan, the City has depicted a l l o f t h e p r o p e r t y n o r t h County Road 1, east of Mitchell Road and west of the G r i l l p r o p e r t y a s p a r t o f Staring Lake Community Park. The 3 1/2 acres, ow n e d b y J e a n n i e J a n i k u l a , contains a small single family house, several outbui l d i n g s a n d a l a r g e b a r n . In August of 1988, Duane Janikula indicated his de s i r e t o s e l l t h e p r o p e r t y and stated that he would consider an offer from the C i t y o f E d e n P r a i r i e p r i o r to putting this property on the market. On Sept e m b e r 6 , 1 9 8 8 , t h e C i t y Council authorized obtaining an appraisal for the p u r p o s e o f b a s i n g a n o f f e r to purchase the parcel. The appraisal indicates a ma r k e t v a l u e o f $ 7 7 , 0 0 0 f o r this property. Steve Sinell, City Assessor, has re v i e w e d t h e a p p r a i s a l a n d concurs with the market value. City staff request au t h o r i z a t i o n t o p r e s e n t a n offer to purchase this parcel for $77,000. BL:mdd UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES CO M M I S S I O N - O c t o b e r 1 7 / 8 8 VII. NEW BUSINESS Review of Appraisal and Consideration of Janikula Property - Lambert summarized the appraisal and proposal to acquire the J a n i k u l a p r o p e r t y . MOTION: Motion by Baker to make an offer $77,000 for the J a n i k u l a property. Seconded by Joyer. Motion passed 5-0. (03 4 APPRAISAL REPORT of The Property of Jeannie Janikula located at 14100-14150 Pioneer Trail Eden Prairie, Minnesota 55344 prepared for City of Eden Prairie 7600 Executive Drive Eden Prairie, Minnesota 55344 prepared by Prellwitz Appraisals, Incorporated 5747 West Broadway, Suite 204 Minneapolis, Minnesota 55428 L OS 1111, V-VI.TVIVV•VIIV 17.7-"ViIIrit V ly 0d00043 i 40 UO-54150 I loneer Trail tensus lad 260.02 _ 65 60(0 laiSCPE humane Sale Noe S Ira Or ie Gately Hennepin State MD Zro Code 55344 _y _--Eden Is. 00,"911-5ee_ attached_ _f7taff Dale OwneDUccuoael Jeannie Jan ikuls Map 0450005 1111d . 4 7-1A Momgme amount $ Sale POCe S N/A Date RI Sale NZA CROPOITY ROOS APPRAISED Mottgade Type Loan eharoes/concessans If be card by see, i — ,,i] fee &mote Omani Points and Otte, Concesrvons Pan by Selle 3 RE laces S 1,205.88 ma Year 1988 KM $aab N/A 171515e0004 461t6ue0_Sit0_ of Eden prairie 1:100000000um ORM/ ilu 71,120 'sto•utive Drive , Eden _Prairie, Minne s ota 551,..ad 1De %rums PIM _. owe La0mC/10 I Oa): GROWTH RATE PROPERTY VALUES DEMAND/SUPPLY MAW PPG PMF L7 Urban Li Ova 15% ELj 7 Rawl btl; :.] Shatme ix J .7_1- Increaand ti, (g_ 1 iada 1 0dd ii 1 Subtatan [x i 25 75% F.,_ Staba ti Slabte r 61 Ratan. E o 6 Mes P OUISI Ode 25% Siny, ecionno 0,,,, 5,,,o, 0,1 I 0 'Emp"hy""rneMH"rit S abt0t7y1005 C"'D " Commence 1 Emotoymen1 Comenence to Shoo" Conyeneoet I Schools bt.: 5,1 Adequacy of Ptak TINSO01171 P^STS3,00 Pau tires Adequacy 0 Oates Properly Como Malt - kJ .6a Proachon bons Delnmentai Canq [7 RR. , Foe Pf''ef''. 5,1117 as ''''' LI ii D E 1 -1 iii [__J 'L . D ...,, C3 PRESENT LAM) USE a Saga Panay _. EA 0 4 Edna ___Q Mum Wetly Q ComencuI Industoal 1.610a 01 Drablic 13Q55 060 I ISE 0.1101110 Not likely ides, [-7 1 0 Fd h Process IL] EDF DraINAN F OCCUPANCY hadm tenant R1 Li vacant (0.541 [i] r, LE 1,5110 KILIS 5I r FR , , oa i ;'.,[,:, 60 too 3_ 125 0 9, 75 00 - a aona711101015 G°°"°' 4°"°°°° of Pf°°°°°° Or11,11 IS 0,101051 Note lime Co the mad comma. M pre neighborhood a elf0cf onfosilefer5;retrilabl r--- 0000001015 _Th15_11e$0Chborh000.,_1ocaoed ero snores of Starring Lake. Most in soutit...tentta 1 Eden__Dia ir ie,_l_linnesots,_,Is on the south - all other_proper_ty_aur round ing_Starr ing_Lake is publicly _clotned.,.__Tly ing_clud atrportpart PI an me,- Trail Ilse property is zon e d of the_fletropol 1. tan Airport Sys t em,_ is_l_psated soulLof "Rural". Acres, to the 12.22L-cietr.17-6.6.ea-12—Ciled. Dmensrons 4 10' L42 5_51_b_y__ 1 7. 25'/1135' So Area 164 ....46L.m.ft. ( 3. 78 acre) topography _Leiel. Come. Lat Ncy Sue Hobby f atm__ Sham jp_ter,ular boom Cassrlyalan Rur i. Ionom Comehante yes , HISHEST A 7157 USE Present Um x,. q Other Ike Datnade Good 011.1101 S Pak Memnon, Gas Wale &Mildly Stotel Stare See 01100 5] SITE IMPROVEMENTS Sheet co,,IGL,,,,, s'd'..k 0IIII1 birds day Toe Mac P,,aale El _Asphalt_____ VOW _,od Landscapop /air to rood 61 L _Npne r 1 thrvemay , 39ç6 j i2P-istste i __Er iya t,_‘ r--1 LI _Asphalt Apparent EasemenIS AA inAge/Ilt 11 it Y Jo r.--. _ ,. 01665 I i0OO Hazard Yes' No ilo I MMA. Stow 7one CCMMENtS (Appa(ent aaveme easements. enctoaciments soma( 1 nest rot an the nem GIL side of Pioneer _Of_Lhis._appralsal_hove been tonsidered_by_the_arlDrals-er-in—ecIimatInit_market_caLue. assessments, sne meas. ele 1 _Al 1 easement s of record as__o_k_tha date The rite Tra_LL. Jo level with the ,street and slopes to the like 41 0/h/11. DESCRIPTION lines 1 E 011 NO DESCRP HUN Nona..., Concrete €'.". w3 '8 Wood S W S". Compos Gutters d Ibrelads Nan , Slam Sash cc.bd,tion Screens Combination Manulactmed House Ha b I oC ..s id ing_ it Ion I10010JAIAJN sme No Dam Sox, No 000510100 Eattla_l 0041J1.1E027 'Pea So ft 432 Oat/DM Root Ceding .17 — E Walls ?, nee' — Nene ___ , Adequacy G__ f nem 811050 detos insulation SInes 2_ TO'S 011.1 /0111 Detached_ Desato (Style( Fat, Ens., Yea_ 0100ord HO_ %Fonsbed 0 CR105 _Lk WOOS Saner etc, '1°' _Co_ncrete Sump Pump Ito lis w''''''' 140 Double_hung,N nne,s Setlarhent II, ".''008 llone eat _ApPar Outstde MY NO SI r Coostroebon ga_ (h s 1 10 Erlearve Ara 10101 55 ROOMS Basement fogs beg Dram 01101055 Den Doy,05 Int Roc Rot flaws% 0 Bails 11.11111.1110' 100105 OlSen iM1 Area So Ii _.X. Level 2 F,o,hec, a rea OM vole 0001010 5 RoofS Rah:ma I 5 8001151 1088 lo Cale Fee al Gros ibrod Area SURFACES Male,a15100000l0,l Moots Llooleum__Good Woes Plaster___Cood Tab/hash p,,i,,i___Goo d 8001100 Linoleum _Good Bath Wainscot Reda., ,,,, (b ad Ikon ,,,,____Gooci 61 01826 IICHE SOAP 1005 nu flartheralor ni t__game/Oven 00O0001 DSD0521 C _Fol., Ail None Slam 500 5110 Scultle 11000 Healed E 0070041 8061 ANALYSIS Geed Ouahy ot Consbiela COnatiOn 01 knprovernents Room Sues/brad Onsets and Stomp Pilaw flIctency Montag Adequata & Caddo, fMeltmalAdequacy A Coddo Kitchen CabontsAdequacy 6 Coed Pormataaly to Neqhfaehood Appeal I Matseiabthly Eslonaled Remaining Economm MN Esbmated Reonosmlllo Ph0 Lite An i flU 6-,1 Gi.] 61 - J [xj 6] _15_,__. 15 - Earr Pea [5] 14 H ro Gd LI 25_61 25 Yts Ad'34'cr _F air_ Dahwashe COOLING Fan/Nond Cemal _ Compactor D Othr WasheriEyelp Coal/On _ Metowaye hashd FL,L , I I .1„, 11,1, y .._..... Eric= COO SIORAGE &bade 40 Us 0 Carpal I Coalann N /matted De moed [-Td Rail In Li Adequate [i 111 inadequate ri (1P(Ok' DO& , my Ouistde Entry Sase nI E ntts M000.11.4." 4.4L'acap_e I ee r 1 cal ser v 1_, iron plumbing, mnd iron was te_se r v ice,__lop 1 laded Is a ....wa t et_ s of t e nex.2_.1 C_6 11.-_i oo t_ shop_ wit h_ ba a Olt nt .__4_11_b y__2 4 -foot_sa r peted_stor_age . 1_6- b 6 _23-400t shed,_lL_- 12 -foot r,,ii sh e d,_20- Isy_68-f not mach 1 ne shed, 36- by 76-foot barn and De,,,,,(, l eh,,,o 1.0,0o11 and eytaq-al inadequacies. repairs needed. modetnuaton. MC I sil o. All build logs are f r ame And _reaulre_ocappoi, Oandlogptioang.,. and_P1.I.96inl (estimsted cost 05.000). Furnace is a 5 trate _rogis cer_coavertesCiosoLliueL_f IMMO C . . 1 • -Alrkort—nolst_frooLsmall_ aircraft and_small_Jets_11—loull0 Geneat mantel 0011001 01 mvame and moat1 on wawa/market area meaning itian thaeounts. Merest buyqqatna 01 00(05500001 e,.. .,,.. h.d ...A _agmspler of nor tkage_fitts.e_tor_ty_plcaLlatrgot_rAtes mot_ dtscriunt point.. e_ • 11 .. 0 t.nwlei .................n-::=- •nn•n••nn •-•:`:•:=....^.......**"-..""......... 24'040“.• 960 If •Shop/baSerhedt $18' •$'17,280 ' 40'424 1 •.• 960 if •Sforage • • • •6 •812" '11,520 ' 68'420' '.'5360 lif 'Mich ide' shed • 8'$' 5' ' • 6,800' 16 .N23 . •• 366 •If •Gtanary • • • 'e •6 •6" • 2,206 • 12 .416' •••• 192 41 •Tdol abed • "P •$'6" " • 1,152 • • • " 3264 di 'Bard ..... 6'820 '65,,280 ' LJIMAILD NI.ONUOIXIIUM kUS , -NE IS CT...a /088 to CIA! $ 42.50 -1 46„..240 Misc. build in Ft 10$ . -104,..240 .eSd 151105 Spec., Enenn, EH...MN, 2...1 ,a1 4 . - Included Powhes Pawls Ho 192 open 112 closed 2.466 age/Catporl Ca, _1411 12 S . • Toital $104,240 ' Total Lstanated Cost New ....... . . . . - $ 15940 Myna! ITuncEonal Less 0rcommO00101„4 4 0 i Inc. I Enema 1 10,000 - 0 112 440 • Den/mated Value of Imployenelds , - $ 400_00 Sae Irop 'ills' Ichndway. lanessaPPY). Ho I - $ .,J ESTIMATED SITE VALUE . - $ 42.000 Id leasehold 11100 004 Wasehold value I 111010111011101113007 APPROACN _ 9 04 ,000 iNot Ryptneed by 11130te 6,0 and fon,,< Kiel • Does propeny sonlorrn to appitcable HUD/VA mopetty siandaros , 0 Its 0 No C Na, mplaw Cookloaon Warranty Li Yes 100 IAn Mime 11 015110010 Promam Warranty 60011601 1 ,0105 ..„,,,,,„ e...o Lan., rnm.tYnt ntost ...or nont ntottnnyie. snot, ann ,Ini rwmrte. ih. ri o.....p.. vs lk. oelcook,..,.., k e F.C1. teact.n. P.nse tn., to ... vloal,on M..... LtteLoc at., cnnvx ato Vof .0. a ...Won e n nts nntyLtatarAn nnent.......,... . o mcre I.ra. .. sitn. pet:nevi,/ a .. I -I .... "... Itvsf...C, . 0 -1..1. v. ni 1..1 . • 1,01C 11., n MO COmpara.., .. ID, !a ., lAurga.l.r1 Aa..10.01/ a OA I., ad.., r, n",.. ,,SA ..47, e a t.ntl i, ,.n 11.., ...Tao, W. ScIlintl ITEM SUREST COMPARABLE NO I COMPARABLE NO 2 COMPARABLE 1100 01 14100 Addles' Tr, EI Prornwp lo Sobwd Sales Pnce 14150 Plonee en Pr iaire .,M jEgiliolk,8/10ths 9500 Flying Cloud Dr ivr Eden Prairie, 1111 10501 Pioneer Trail Eden Pre ir le,_1_411 12076 Riverview Road Eden Prair ie„_MN mile E 47-4A ,,,ITIIITITURIiii,riS 128,000 7 511011i5iiiIIIIilist.10 9,900 . - Tth ^ ith 2.1 ea Iles E 47-58 S59.83 1,5111111,E MIMI MLS/Ileal tor \iLSJ_Rea 1.4 11 es SE 4 7 -4C ,I1 - Jigli.E$86.,5no 1 58.76 Elli'llgagil HI Prwe/Gfoss Lw Atm S N/A 0I Dam Space Inspect ion DESCRIPTION 41114,711T11, y11.417,,, 71 9/28/88 SW suburban 3.78 ac/Cood sty. f armiCoot Good COLS/ Realtor DESCRIPTION 1 .1 If A.,. 1 top VALUE AlliusTMENTS SaWs ot Founcm9 Date ol Saearne OCSCR/P HON i .1 ii•nom DESCRIPTION • 1./S onvenona C ti l 8/27/87 0 d Contract for Dee 0 Contract for peed 0 0 2/21/87 0 Good 0 3L27/67 0 Good 0 Local. Good 0 Sdcaies 3.5 on/Good 0 1.139 ac/Good .,___ J__. 8,000 2_0cr_ca/Goos4 He 4 000 NOM and Appeal 2 OuaSty ol Cotsltuhlton 1 s t oryLGood Good A -15 __YIN731,__1,9,000 Good 0 2_,1 t_o_r_y/ Good : 0 2 5lDryL5a04 T ,,0 - 5,999 Ade Good 0 Good/St lc_k 0 4-70 (1918) Retoodekd , -19 009 4-88 (12005 o Condwon Fair Good ! -5• 000 Eva), o 04001 0.00 RoomCount Gross lywnq A/ea Basement 6 Faoshed Rooms Below Glade 1,00a H.. . Nu Bonn e.m. 10 ,1 — . - .I ' .-k- 521 1. , _ 1. _ o _ o , . .. m _ .,. —. B _ on— _ _i , 2173 So It n -22,200 ' 1 1 11 o 1088 3q01 Part 1a1/ 1680 1q11 : -I 1_000 1422 14 Fl - 7 290 Full/Walkout : - 1,500 2-1-IL1466 sT8,_z_1_,L3 800 Good , 0 Full/ t - 1,000 1 -8 -0/1711 xi i - 1 DQQ ---- Good 0 Poll/'-- - 1,000 0 Nfld.., tiG4 HeammiCoohnd Gamee/Ca,pon POteneS. Pah0. Pools, ell Fall- to Good OLTAZ -- None /Geed_ o GwA/GA n 1_1,500 2 -car attach.: -,490,9_ n + 1,200 ---- 1.__f 3_,800 _. , (D1A/ — ' 0 721081 -- 5 -soc_dstac6.: -1209 2 -sar_attatla._.1100. -- + 1,200 1 o Outbuildings 3264 sf barn -- . + 1,200 lloblay_ el__L_4,_±a-__1)_11arn_ Deck losulotton : 0 Soecat Enemy Moen! Mee. 2 porches Insulation --- : + 2,000 Insulat ion r 0 + 2,000 Inedation 0 r„,„,.els) 1 masonry_ ', - 3200, R/0,R/F •dw,d,11 - 1,100 Solt/ Sec. sys g__=___600. 1 masonry ! -_111 200 l_mationr_y Man le g 0,10000 e n edmp temodehhdl 1 Nel Ad (low ----- ja tener R/O,R/F •dw,ryl - 1,100 Spr_inklap„Sy.6,_7___600 R/O,R/F,h I - 400 --- 01 'iS . Ill, ,,,,Illi 'L T..1,1, ' !Ma F'..1 1,1 1 1 - • • . of Su3h1'wo'tV'''' l 'il!I I;;i 171i114'ri lf..iiS 81„5_01) lliliillAS 76.800 I L lij III xr wir;$ 4E4100 I S 81.700 I'L l'illil A ' S 7k900 Cananeols en Sales CT/mom/son eat t tanned Addend1r, s_77,000 INDMATAD VANE In INCOME APPROACII AnAratTel Elionalrd MoOd A01 $ N/A /Mo GtosS 3en1 MAT* s tut, made I id a, Is` 10001 to tit, oceans 3101131001, .110101001 ne hundarons I/Sted below CICCWOD,enon net Plans and smog/cations Comments add CondhonS ApplaHal We have cons idered f In/Inning on each male. 'The effect Of_t_ue_k_f_tnall! hal been reflected in the final estimate of v a l u e . Famtaeconcquson Single family residence,, typica l l y .,_nre not considered income_pr_oducing .,_rente 15 rare. Cost Approaches tabl ished price r a n g e . G r e a t e s t c o n s i d e r a t i o n _ g l y e Comparison_lu,4 1 yej.s_ytch_equat_saflaidera0.0n_givea_to_all_co m p a r a b l e s . INS 310.041110s WWI upon the eine ,e4,O,e0e0Ik. IRe seHacation, *001.100301 00 limaind sondwons, and Made/ Poke &Moo INt am staled in FmNA. HEM di. VA antmcbons foam* Mac Coon 419 /Rev 1/861/Eannw Mae Coon 10008 (Rev 1166) filed 1111101111 9 f dIlaCheal 111001 ESTIMATE TR INAIMET VALUE. Al 0111100, 01 101 SUIJECT PRO/MITI AS DI September ze 11 116 ISlat 77,000 I Ow) ees ,V 11101 10 ths best ot rea Ina) knowledge and bele the tarts and data used helmet ate nue and codest Mat I (we) pmSonaIN mottled fte sobett meetly, holt, wSwle and out ard Nam made an esteno. Inspect. of sdoemade salts vied i n 0 . 0 1 0 1 0 0 1 1 1 1 0 Mal (Pie) have no mossiosed allemst Mescal of Gannett,' mensn Atissneds) 9410ennIE BA"EntlligiAB 11 Prell z_•MAI,SRPAd ARIRIC30t<1 Bo Mac tram /0 IR , uce 'NMA No• 1015150 'eons and wonns lo< orv 13 oer oka.7)CI gekls tom Our File No. 593 (0 INDICATED MUM IT MIS COMPARISON APPROACH .......... Renew Swann scaarunr [7] (Ad Nol spool" Pam. ma. Eon Ivo.. Kvse COMPARABLE SALES LOCATION MAP 1:1 al,a ATTACHMENT TO THE APPRAISAL: Jeannie Janikula 14100-14150 Pioneer Trail Eden Prairie, Minnesota 55344 Legal Description Registered Land Survey No. 1085, That part of Tract B l y i n g E a s t of a line running frcra a point on the Southwesterly l i n e o f Tract B, a distance of 410 feet Northwesterly from t h e m o s t Southerly corner of said Tract 8 to an angle point i n t h e boundaries of Tract 8 which is 425.5 feet Westerly f r o m t h e m o s t Easterly corner of Tract 8, Hennepin County, State o f M i n n e s o t a . Property Identification Number 27-116-22-22-0004. wao9 ter-9- ADDENDUM This appraiser searc h e d t h e M u l t i p l e L i s t i n g R e c o r d s f o r t h e p o e t 2 0 m o n t h s f o r comparables. The three sales used i n t h i s a p p r a i s a l a p p e a r t o b e t h e b e s t c o m p a r a b l e s s a l e s offered during this p e r i o d . T h e l i m i t e d c h o i c e o f c o m p a r a b l e s c o m b i n e d w i t h t h e lack of optional features o f t h e s u b j e c t r e s u l t e d i n a l a r g e n u m b e r o f a d j u s t - ments. I searched for sales w h e r e t h e s i t e e x c e e d e d o n e a c r e , a g e a s o l d a s p o s s i b l e , a n d the desirability of h a v i n g o u t b u i l d i n g s a n d / o r b a r n s . A d j u s t m e n t s f o r t h e differ- ence wow estimated to con t r i b u t e a p p r o s i m a t e l y $ 4 , 0 0 0 p e r a c r e . T h e s i t e , l o c a t e d on the north side of P i o n e e r T r a i l a n d F l y i n g C l o u d A i r p o r t , I s o n t h e s o u t h s i d e of the road. The air p o r t o w n s t h e p a r c e l o f l a n d i m m e d i a t e l y t o t h e e a s t o f t h e subject. This parcel o f l a n d i s i n t h e f l i g h t p a t t e r n o f o n e o f t h e m a l e r u n w a y s . On the day of my Insp e c t i o n a s m a l l j e t w a s w a r m i n g u p n e a r t h i s r u n w a y a n d t h e noise was deafening. The sales required ma n y a d j u s t m e n t s f o r t h e d i f f e r e n c e s . T h e s u b j e c t p r o p e r t y i s a typical two-story for m h o n e c o n s t r u c t e d a f t e r t h e t u r n - o f - t h e - c e n t u r y . T h e d w e l - ling is smaller than t y p i c a l c o n t a i n i n g o n l y 1 , 0 8 8 s q u a r e f e e t o f f i n i s h e d l i v i n g area above grade. The difference in squa r e f e e t h a s b e e n a d j u s t e d a t a r a t e o f $ 2 0 p e r s q u a r e f o o t . Comparables One and T w o r e q u i r e d a d j u a t m e n t s f o r a g e a n d c o n d i t i o n . The basement/below gr a d e r o o m s / a r e a w e r e a d j u s t e d a t a r a t e o f $ 5 p e r s q u a r e f o o t . Each of the comparabl e s h a s g a r a g e s ( C o m p a r a b l e T o o h a s a f i v e - t a r g a r a g e ) . All of the comparable s h a v e f i r e p l a c e s . The subject property has f i v e o u t b u i l d i n g s a n d a b a r n i n a d d i t i o n t o t h e h o u s e . This appraiser acknow l e d g e s t h a t a l l b u i l d i n g w e r e i n u s e w h e n i n s p e c t e d . T h e difficult task this a p p r a i s e r h a d w a s t o d e t e r m i n e t h e c o n t r i b u t i n g v a l u e t o a knowledgeable buyer. All of the outbuildi n g s a p p e a r t o h e c o n s t r u c t e d n e a r t h e t i m e w h e n t h e h o m e w a s built. All of the ou t b u i l d i n g s h a v e deterred maintenance including p r o p e r painting. Building One is a fr a m e b u i l d i n g w i t h w o o d s i d i n g , w o o d - s h i n g l e d r o o f . T h e r e i s some insulation and s e m i - f i n i s h e d w a l l s . T h e r e la a full basement of conc r e t e w i t h a concrete floor Indic a t i n g t h a t t h i s b u i l d i n g w a s o n c e u s e d a s a b a r n . T h e p r e s - ent use is a carpente r ' s s h o p . T h e b u i l d i e g m e a s u r e s 2 4 b y 4 0 f e e t a n d c o n t a i n s a total of 960 square f e e t . Building Two is a one - s t o r y f r a m e b u i l d i n g w i t h w o o d s i d i n g , a s p h a l t - s h i n g l e d r o o f . The Interior wails ar e p a i n t e d b o a r d . T h e c e i l i n g i s l o w ( u n d e r / f e e t ) . T h e floor is carpeted. T h i s b u i l d i n g i s p r e s e n t l y s e e d f o r s t o r i n g f u r n i t u r e . T h i s building measures 40 b y 2 4 f e e t a n d c o n t a i n s a t o t a l o f 9 6 0 s q u a r e f e e t . Building Three Is a o n e - s t o r y f r a m e b u i l d i n g w i t h w o o d a i d i n g a n d h a s a r o l l e d - asphalt roof. There I s a w o o d f l o o r . W h i l e i n s i d e t h i s b u i l d i n g t h e a p p r a i s e r noted that there was a n o p e n i n g i n t h e s i d i n g o n t h e n o r t h w a l l . T h i s b u i l d i n g measures 16 by 23 fee t a n d c o n t a i n s a total 368 square feet. Building Four Is a on e - s t o r y f r a m e b u i l d i n g . T h i s a p p r a i s e r w a s i n f o r m e d t h a t I t was the tool shed. It m e a s u r e s 1 2 b y l b f e e t a n d c o n t a l n a a t o t a l o f 1 9 2 s q u a r e feet. Building Five Is a on e - s t o r y t h r e e - s i d e d m a c h i n e s h e d . T h e f l o o r i s c r u s h e d r o c k . It measures 68 by 20 f e e t a n d c o n t a i n s a t o t a l o f 1 , 3 6 0 s q u a r e f e e t . Main Barn Is in bett e r t h a n a v e r a g e c o n d i t i o n . T h e l o w e r l e v e l , c o n s t r u c t e d o f structural clay tile, h a s a concrete floor and pr e s e n t l y h a s L e n b o o - s t a l l s f o r horses. The ceiling o f t h i s l o v e r l e v e l i s p a i n t e d w a i n s c o t . T h e h a y l o f t h a s a n arched roof without c r o s s m e m b e r s . T h e r e i s a 15-foot diameter silo a n d a c r e a m separation room. The h a r e c o n t a i n s a t o t a l o f 3 , 2 6 4 s q u a r e f e e t . This appraiser consid e r e d t h e o u t b u i l d i n g s , t h e b a r n , t h e d w e l l i n e , a n d t h e s i t e together with the location, noise, e t c . , I n a r r i v i n g a t t h e e s t i m a t e d m a r k e t v a l u e of $77,000. Building 1 40' Wood Shop W/Basement 24' BUILDING SKETCHES Building 2 23' Building] 16' 10 7' 11 story 16' No boot. 2_2sory. Basement Storage 40' 'sing 4 1 Tool Shed 12' Building 5 20' Machine Shed 24' 68' 18' Open Porch 24' LICE/ID M. SIRS DISIRICI 1,00001 5000 01500(1 80000 , 110(5540 (157510 000000 00,0100 (0..0n40 N102 SEC.27 '2.6 a - -11711 xe, / SUBJECT 011 -it — PHOTOGRAPHIC MOUNTINGS ouse (rear) ot PHOTOGRAPHIC MO U N T I N G S 1.1LA J :hre, PHOTOGRAPHIC MOUNTINGS 9 /,; MARKET VALUE The above definitions have been accepted b y t h e l o c a l c o u r t s y s t e m a n d by both professional appraisers and know l e d g e a b l e m e n i n t h e a r e a . The most probable price which a property s h o u l d b r i n g i n a competitive and open market under all conditions requ i s i t e t o a fair sale, the buyer and seller, each acting prudently, knowledgeably and ass u m i n g t h e p r i c e is not affected by undue stimulus. Implic i t i n t h i s d e f i n i t i o n i s t h e consummation of a sale as of a specified date and passing of title from seller to buyer under conditions whereby: ( I ) b u y e r a n d s e l l e r a r e typically motivated; (2) both parties are w e l l i n f o r m e d o r w e l l a d v i s e d , and each acting In what he considers hi s o w n b e s t i n t e r e s t ; ( 3 ) a r e a s o n - able time in allowed for exposure In th e o p e n m a r k e t ; ( 4 ) p a y m e n t i s m a d e in terms of cash in U.S. dollars or in t e r m s o f f i n a n c i a l a r r a n g e m e n t s comparable thereto; and (5) the price re p r e s e n t s t h e n o r m a l c o n s i d e r a t i o n for the property sold unaffected by spec i a l o r c r e a t i v e f i n a n c i n g o r sales concessions" granted by anyone ass o c i a t e d w i t h t h e s a l e . 'Adjustments to the comparables must be m a d e f o r s p e c i a l o r c r e a t i v e financing or sales concessions. No adjus t m e n t s a r e n e c e s s a r y f o r t h o s e costs which are normally paid by sellers a s a result of tradition or law In a market area; these Costs are readil y i d e n t i f i a b l e s i n c e t h e s e l l e r pays these costs in virtually all sales t r a n s a c t i o n s . S p e c i a l o r c r e a - tive financing adjustments can be made t o t h e c o m p a r a b l e p r o p e r t y b y comparisons to financing terms offered b y a t h i r d p a r t y i n s t i t u t i o n a l lender that is not already involved in t h e p r o p e r t y o r t r a n s a c t i o n . A n y adjustment should not be calculated on a m e c h a n i c a l d o l l a r f o r d o l l a r cost of the financing or concession but t h e d o l l a r a m o u n t o f a n y a d j u s t - ment should approximate the market's reac t i o n t o t h e f i n a n c i n g o r c o n c e s - sions based on the appraiser's judgment. FEE SIMPLE Fee Simple Is the largest possible inte r e s t o r e s t a t e i n p r o p e r t y , s u b - ject to the limitations of eminent doma i n ( t h e p o w e r o f t h e g o v e r n m e n t to take private property for public use o n m a k i n g j u s t c o m p e n s a t i o n ) , escheat (reversion of property to the st a t e w h e n t h e r e i s n o o n e c o m - petent or available to Inherit it), poli c e p o w e r ( c o n t r o l b y g o v e r n m e n t under which public health, safety, moral s , a n d w e l f a r e a r e s e r v e d a n d t o which property rights are subject), and t a x a t i o n ( a s y s t e m f o r r a i s i n g revenues by assessments upon property fo r F e d e r a l , S t a t e . a n d M u n i c i p a l purposes). RICHEST AND BEST USE The most profitable likely use to which a property can be put. The opinion of such use may be based on the h i g h e s t a n d m o s t p r o f i t a b l e c o n - tinuous use to which the property is adap t e d a n d n e e d e d , o r l i k e l y t o b e in demand in the reasonable near future. H o w e v e r , e l e m e n t s a f f e c t i n g value which depend upon events urn combi n a t i o n o f o c c u r r e n c e s w h i c h , while within the realm of possibility, ar e n o t f a i r l y s h o w n t o b e r e a - sonable/probable, should be excluded fro m c o n s i d e r a t i o n . A l s o , i f t h e intended use is dependent on an uncertain a c t o f a n o t h e r p e r s o n , t h e i n - tention cannot be considered. That use o f l a n d w h i c h m a y b e r e a s o n a b l y expected to produce the greatest net re t u r n t o l a n d o v e r a g i v e n p e r i o d of time. That legal use which will yiel d t o l a n d t h e h i g h e s t p r e s e n t value. It Is sometimes called "optimum u s e ' . Source: Appraisal Terminology and Handbook, S i x t h E d i t i o n , Copyright 1913 by the American Institute of Real Estate Apprai s e r s . The above definitions have been accepted by the local court system and by both professional appraisers and know l e d g e a b l e m e n i n t h e area. abn I am currently certified under the voluntary continuing _ g d u c a t i o n program of the American Institute of Real Estate Appra Douglas H. Prellwitz, MA Member American InstIt 2.61? SRPA CONTINGENT AND LIMITING CONDITIONS The cectificaticn of the appraiser appearing at the end o f t h i s A p p r a i - se/ Report is subject to the following general contingen t a n d l i m i t i n g conditions and to such other specific and limiting condi t i o n s a s a r e s e t forth in the Appraisal Report. I assume no responsibility for matters legal in nature, n o r d o I r e n d e r any opinion as to the title, which is assumed to be mark e t a b l e . T h e property is appraised as though under responsible owners h i p a n d c o m p e - tent management. The appraiser has no present or contemplated interest in the subject property end s he em ployment in and compensation for making this apprai- sal is In nO cuntinnent upon the value reported. The ,ketch in this report is included to assist the reader in vlso- ,sts i ng tile property and I assume no responsibility for its accuracy. I have mole no survey of the property. ! tn es reouired to give testimony or appear in court because of having 7 ,„ tnis appraisal, with reference to the property in question, unless t rrangements have been previously made therefor. nm distribution of the total valuation in this report be t w e e n l a n d a n d Improvements applies only under the existing program of u t i l i z a t i o n . The separate valuations for land and buildings most not be u s e d i n c o n - junction with any other appraisal and are invalid if s o u s e d . / annume that there ore no hidden or unapparent co n t l i t i o n S of the prop-erty, subsoil, or structures which would render it mor e o r l e s s v a l u - able. I assmse no responsibility for such conditiono or for engineering which might be required to discover such factors. Information, estimates, and opinions furnished to me an d c o n t a i n e d i n this report were obtained from sources considered reli a b l e a n d b e l i e v e d to be true and correct. However, no responsibility for accuracy can b e assumed by me. Neither all nor any part of the contents of this report , o r c o p y t h e r e - of, shall be used for any purpose by any but the client w i t h o u t t h e p r e - vious written consent of the appraiser and/or of the cl i e n t ; n o r s h a l l it be conveyed by any including the client to the public throu g h a d v e r - tising, public relations, news, sales, or other media, w i t h o u t w r i t t e n consent and approval of the appraiser; particularly as t o v a l u a t i o n conclusions, the identity of the appraiser, or a firm w i t h w h i c h h e i s connected, or any references to any professional societ y o r i n s t i t u t e o r any initialed designations conferred upon the appraiser . EDUCATIONAL CERTIFICATION "The Society of Real Estate Appraisers conducts a volunt a r y p r o g r a m o f continuing education for ito designated members. SRAs, S R P A s , a n d S R E A s who have met the IpilliMUM standards of this program are awarded periodic educational certificates I am currently certified under the voluntary continuin g e d u c a t i o n program of the Society of Real Estate Appraisers. "The American Institute of Real Estate Appraisers conduc t s a v o l u n t a r y program of continuing education for its designated members. MAls and Nis who meet the minimum standards of the program are awarded periodic educa-tional certification." uglas H. Prellwit Member American 'lost Senior Real Propert Seer CERTIFICATION I certify that, to t h e b e e t o f m y k n o w l e d g e a n d b e l i e f , --the statements of fact contained in th i s r e p o r t a r e t r u e a n d cot rout. --the reported anal y s e s , o p i n i o n s , a n d c o n c l u s i o n s a r e l i m i t e d o n l y by the reported assu m p t i 9 o s a n d l i m i t i n g c o n d i t i o n s , and are my personal, unbiased p r o f e s s i o n a l a n a l y s e s , o p i n i o n s , and conclusions. --I have no present o r p r o s p e c t i v e i n t e r e s t i n t h e p r o p e r t y t h a t i s the subject of this r e p o r t , a n d I h a v e n o p e r s o n a l i n t e r e s t o r b i a s with respect to the p a r t i e s i n v o l v e d . --my compensation i s n o t c o n t i n g e n t o n a n a c t i o n o r e v e n t r e s u l t i n g from the analyses, o p i n i o n s , o r c o n c l u s i o n s i n , o r t h e u s e o f , t h i s report. --my analyses, opini o n s , a n d c o n c l u s i o n s w e r e d e v e l o p e d , a n d t h i s report has been pre p a r e d , i n c o n f o r m i t y w i t h t h e r e q u i r e m e n t s o f the Code of Profess i o n a l E t h i c s a n d t h e S t a n d a r d s o f P r o f e s s i o n a l Practice of the Ame r i c a n I n s t i t u t e o f R e a l F s t a t e A p p r a i s e r s . --the use of this r e p o r t i s s u b j e c t t o t h e r e q u i r e m e n t s o f t h e American Institute o f R e a l E s t a t e A p p r a i s e r s r e l a t i n g t o r e v i e w b y its duly authorized r e p r e s e n t a t i v e s . --I as currently ce r t i f i e d u n d e r t h e v o l u n t a r y c o n t i n u i n g e d u c a t i o n program of the Ameri c a n I n s t i t u t e o f R e a l E s t a t e A p p r a i s e r s . --I am currently cer t i f i e d u n d e r t h e v o l u n t a r y c o n t i n u i n g e d u c a t i o n program of the Society of Real E s t a t e A p p r a i s e r s . --I have made a per s o n a l i n s p e c t i o n o f t h e p r o p e r t y t h a t i s t h e subject of this rep o r t . --no one provided s i g n i f i c a n t p r o f e s s i o n a l a s s i s t a n c e t o t h e p e r s o n signing this report. r,t(p MEMORANDUM TO: Mayor and City Council Parks, Recreation & Natural Resources Commission THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Natur a l R e s o u r c e s DATE: September 27, 1988 SUBJECT: Red Rock Lake Surface Management Ordina n c e On September 15, 1988, the City notified Red Roc k L a k e a r e a h o m e o w n e r s o f t h e intention of the City of Eden Prairie to adopt a S u r f a c e M a n a g e m e n t O r d i n a n c e for Red Rock Lake. The City requested interest e d p r o p e r t y o w n e r s t o a t t e n d the October 3rd meeting of the Parks, Recre a t i o n & N a t u r a l R e s o u r c e s Commission to provide input on this proposed ordi n a n c e . The City Council has directed staff to develop a S u r f a c e M a n a g e m e n t O r d i n a n c e for both Mitchell Lake and Red Rock Lake. Durin g t h e r e v i e w o f t h e R e d R o c k Ranch Subdivision, the Council indicated that p r i o r t o d e v e l o p m e n t o f t h e proposed park within the Red Rock Ranch Subdivisi o n , t h a t c o n t a i n s a p u b l i c a access, a Surface Management Ordinance must be in e f f e c t o n R e d R o c k L a k e . In the State of Minnesota Water Surface Use Stat u t e s a n d R u l e s , t h e C i t y h a s the power to "regulate the type and size of water c r a f t , a s d e f i n e d i n S e c t i o n Ar 361.02, Subdivision 7, committed to use a body o f w a t e r " , a n d t o " l i m i t t h e types and horsepower of motors on a body of wate r ; " a n d " t o l i m i t t h e u s e o f the body water at various times and the use of v a r i o u s p a r t s o f t h e b o d y o f water;" and "to regulate the speed of watercraft o n t h e b o d y o f w a t e r a n d t h e conduct of other activities on the body of water t o s e c u r e t h e s a f e t y o f t h e public in the most general public use;". In 1983, the Parks, Recreation and Natural Resou r c e s C o m m i s s i o n a p p o i n t e d a n ad hoc committee to study the lakes in Ede n P r a i r i e a n d t o m a k e recommendations regarding public accesses, acquis i t i o n o f l a k e s h o r e p r o p e r t y , surface management restrictions, and management p r a c t i c e s a n d r e c o m m e n d a t i o n s for each lake. This committee worked with Ed Fie l e r , F i s h e r i e s M a n a g e r f r o m the Department of Natural Resources, and Duane S h o d e e n , R e g i o n a l F i s h e r i e s Supervisor for the Metro Region Headquarters o f t h e D e p a r t m e n t o f N a t u r a l Resources. The committee recommended the City C o u n c i l c o n s i d e r a S u r f a c e Management Ordinance that would limit the size o f m o t o r s o n R e d R o c k L a k e t o either 10 horsepower or less or electric motors o n l y . T h e c o m m i t t e e d i d n o t recommend any other limitations regarding wat e r c r a f t t y p e a n d s i z e , s p e e d limits, etc. on this lake. If the ordinance is to be limited to controlling t h e m o t o r t y p e a n d s i z e , t h e State regulations indicate the following: "Cont r o l s , i f a n y , c o n c e r n i n g t h e maximum total horsepower of a motor(s) powering w a t e r c r a f t o n s u r f a c e w a t e r s shall utilize one or more of the following horse p o w e r c u t o f f s o r m o t o r t y p e s . 1) 25 horsepower, 2) 10 horsepower, 3) electri c m o t o r s , 4 ) n o m o t o r s . 2G, 2,6 As of September 27th, staff have received two requests from area r e s i d e n t s that this ordinance be restricted to electric motors only on Red Rock Lake (Carol Hoel and Henry Balsiger) and one individual recommended 10 hor s e p o w e r or less (Michael Wisneski). The individual that recommended the 10 ho r s e p o w e r limit does have a dock on the lake and indicated he attempted to u s e a n electric trolling motor on a day with about 10 mile per hour wind. T h e w i n d blew his boat down to the other end of the lake; therefore, he recomme n d s a 1 0 horsepower limit for this lake. Staff would recommend that the Commission explain to residents t h e o n l y limitation being recommended is a limit on motor type and size and th a t t h e options are 25 horsepower, 10 horsepower, electric motors or no m o t o r s , prior to opening the meeting for recomme 'dation and discussion a m o n g residents. After hearing all recommendations, the Commission should th e n m a k e a recommendation to the City Council on the limitation for motor ty p e a n d size. Staff would then request the City Attorney to draft an ord i n a n c e including the Parks, Recreation and Natural Resources Commi s s i o n recommendation, which would then be forwarded to the City Council for i n i t i a l review. After initial review by the City Council the proposed ord i n a n c e would be forwarded to the Commissioner of the Department of Natural Res o u r c e s for the State of Minnesota for his approval prior to the City Council h a v i n g the first reading of this ordinance. BL:mdd ( ft September 15, 1988 Red Rock Lake Area Homeowners: Re: Surface Management Ordinance for Red Rock Lake Dear Resident: You may have read in a recent Eden Prairie news article that t h e C i t y o f E d e n Prairie has approved the first phase development of the R e d R o c k R a n c h Subdivision on the east side of Red Rock Lake. As a part of th i s s u b d i v i s i o n , the developer will be dedicating 4 acres of parkland to the C i t y o f E d e n Prairie on the south side of Red Rock Lake. The City Council h a s r e v i e w e d a concept plan for this park, which includes a public access to R e d R o c k L a k e , and has directed that the park development be delayed unt i l a s u r f a c e management ordinance is passed for Red Rock Lake. In 1981, the City Council appointed a Fishing Resource Study C o m m i t t e e t h a t Ar worked with the Department of Natural Resources to study fishing p o t e n t i a l o n lakes within the City of Eden Prairie. The committee collected a l l a v a i l a b l e information on lakes and streams in the City and made rec o m m e n d a t i o n s regarding potential public recreation use of eight of Eden Pra i r i e ' s l a k e s . The committee recommended that due to the size and configuratio n o f R e d R o c k Lake that the City Council consider a surface management ordina n c e t h a t w o u l d restrict boats on Red Rock Lake to electric motors only. Please consider this letter an invitation to attend a meeting o f t h e P a r k s , Recreation and Natural Resources Commission at the Eden Prairie C i t y H a l l , a t 7:30 P.M. on October 3rd to discuss what should be included i n t h e s u r f a c e management ordinance for Red Rock Lake. If you are unable to a t t e n d t h a t meeting and would like to comment on this issue, please feel f r e e t o c o n t a c t me at 937-2262, ext. 270 or write a letter to me at 7600 E x e c u t i v e D r i v e . Your comments will be included in the record for review by th e C o m m i s s i o n a n d City Council. The City encourages public input regarding how our lakes shoul d b e u s e d b y t n e public and will welcome any and all comments regarding this i s s u e . I l o o k forward to seeing you at the October 3rd meeting. Sincerely, Robert—A. Lambert Director of Parks, Recreation & Natural Resources RAL:mdd MEMORANDUM TO: Parks, Recreation and Natural Resources Commissi o n FROM: Bob Lambert, Director of Parks, Recreation & Nat u r a l R e s o u r c e s DATE: October 13, 1988 SUBJECT: Surface Management Ordinance for Red R o c k L a k e At the October 3rd meeting the Parks, Recr e a t i o n a n d N a t u r a l R e s o u r c e s Commission continued the discussion of the Su r f a c e M a n a g e m e n t O r d i n a n c e f o r Red Rock Lake to the October 17th meeting in o r d e r t o o b t a i n p r o p e r w o r d i n g from the Department of Natural Resources r e g a r d i n g a S u r f a c e M a n a g e m e n t Ordinance that would limit the size of the mot o r s o n R e d R o c k L a k e , a n d w o u l d also insure a limitation on noise and eliminati n g t h e p o s s i b i l i t y o f w e t b i k e s or jet skies on the lake. After phone discussions with several boat dea l e r s , I ' v e d e t e r m i n e d t h a t w e t bikes have a horsepower range from 50-60 h o r s e p o w e r a n d a r e c a p a b l e o f travelling at speeds of 39-42 miles per hour. J e t s k i e s , w a v e r u n n e r s , w a v e jammers, etc. generally have a horsepower range f r o m 2 0 - 3 0 h o r s e p o w e r a n d a r e capable of travelling approximately 35 miles pe r h o u r s . A l l o f t h e s e t y p e s o f water recreation vehicles would be illegal to u s e o n R e d R o c k L a k e i f a 1 0 horsepower regulation were approved. The DNR does not recommend attempting to ti e i n a n o i s e l i m i t a t i o n t o a Surface Management Ordinance, and staff at the DNR do not believe there would be a noise problem with a 10 horsepower regul a t i o n o n t h a t l a k e . T h e S t a t e already has a noise restriction ordinance on a l l l a k e s i n t h e S t a t e t h a t restricts all watercraft to 84 decibels a; 50' f o r m o t o r s m a d e b e f o r e D e c e m b e r 31, 1981, and 82 decibels at 50' for motors made a f t e r J a n u a r y 1 , 1 9 8 2 . The majority of the concern expressed at the O c t o b e r 3 r d m e e t i n g r e l a t e d t o speed and noise regulation on Red Rock Lak e . S t a f f b e l i e v e t h a t a 1 0 horsepower limit would address those two major i s s u e s , y e t w o u l d a l l o w f o r safe use of the lake on windy days. Staff rec o m m e n d s a S u r f a c e M a n a g e m e n t Ordinance for Red Rock Lake that would limit al l w a t e r c r a f t t o 1 0 h o r s e p o w e r . BL:mdd ac,a APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL R E S O U R C E S C O M M . O c t o b e r 3 , 1 9 8 8 -4- Baker asked how much traffic there w i l l b e i n t h i s a r e a . Smith said there should not be much t r a f f i c . T h e o u t l e t for this neighborhood is Bennett Pla c e . Cook asked if it is agreed to add a r e t a i n i n g w a l l d u r i n g construction. Smith said yes. Cook asked what the distance is bet w e e n t h e s o u t h e r n m o s t home and the conservancy line. Smit h s a i d i t i s c l o s e , but it is understood that there can n o t b e c o n s t r u c t i o n of any type within the conservancy z o n e . Lambert asked what is the size of th e b u i l d i n g p a d o n t h e southern most home. Smith said it i s 7 0 x 6 0 o r 3 9 , 0 0 0 sq. ft. Baker questioned the consequences if t h e r e q u i r e m e n t f o r a sidewalk along Bluestem to Purgato r y w e r e e l i m i n a t e d . Cross reminded the commission that d e v e l o p m e n t t o t h e n o r t h is only a concept plan at this poin t . MOTION: Baker moved to recommend ac c e p t a n c e o f B l u e s t e m 5th Addition, but asked that a fiel d i n s p e c t i o n f o r t h e Ar proposed location of a sidewalk alo n g B l u e s t e m a n d P u r g a t o r y be done by City staff. Shaw seconde d t h e m o t i o n a n d i t passed 5-0. B. Wyndham Nob 2nd Addition Refer to staff report dated Septembe r 9 , 1 9 8 8 . Barb said there are no sidewalk issu e s o n t h i s d e v e l o p m e n t and tree loss is below average. The f l o o d p l a i n i s b e i n g dedicated to the City at the 870 c o n t o u r e l e v a t i o n . S h e recommends approval. MOTION: Shaw recommended approval o f W y n d h a m N o b 2 n d A d d i t i o n per staff recommendation. Cook sec o n d e d t h e m o t i o n a n d it passed 5-0. VI. OLD BUSINESS A. Red Rock Lake Surface Managemen t O r d i n a n c e Refer to memo dated September 27, 19 8 8 f r o m B o b L a m b e r t , Director of Parks, Recreation and Na t u r a l R e s o u r c e s . APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RESOURCE S C O M M . O c t o b e r 3 , 1 9 8 8 -5- Lambert said the City Council has directed s t a f f t o d e v e l o p a surface management ordinance for both Mit c h e l l L a k e a n d Red Rock Lake. This must be in effect prio r t o d e v e l o p m e n t of Red Rock Park. Lambert received three c o m m e n t s f r o m residents. Two suggested electric trolling m o t o r s o n l y and one suggested a 4 horsepower motor limi t . Mike Wusneski said he feels that for safety r e a s o n s , a boat must have enough power to get across t h e l a k e o n a windy day. Bob Gardner said he feels that limiting the s i z e a n d t y p e of motor would be taking away some of the pr i v i l e g e s t h a t the residents have had. Cook asked what siz e m o t o r h e w o u l d like to see on the lake. Gardner said he fe e l s t h e s i z e of motor should not be limited until there a r e p r o b l e m s . Len Halfin of 15476 Village Woods Dr. said h e d o e s n o t w a n t any excess noise which travels a good distan c e a c r o s s t h e lake. He suggests electric motors or up to 5 h o r s e p o w e r a t the most be allowed. Bill Leeds of Red Oak Dr. said he has seen w a t e r s k i i n g o n the lake only once in the ten years he has l i v e d t h e r e . H e feels an ordinance is a good idea and there s h o u l d b e a l i m i t of 10 horsepower. He added that he heard fr o m t h e D N R t h a t the lake will be aerated and stocked this f a l l . B a r b s a i d the DNR did not feel the quality of the fish i n t h e l a k e justified aerating the lake this fall. Baker asked what is the horsepower of a jet s k i . L a m b e r t didn't know what the horsepower could be. Shaw said there are noise ratings that can b e d o n e o n equipment and perhaps this could be added t o t h e o r d i n a n c e . Mike Wusneski commented that Lake Calhoun h a s a n o r d i n a n c e , but permits can be purchased. He added tha t t h i s l a k e i s stocked by the DNR. Ron Anderson of 8500 Montgomery Ct. asked w h e n i s t h e projected opening of Red Rock Park. Lamber t s a i d t h e p a r k will be constructed next year and should op e n i n 1 9 9 0 . Anderson asked if there is a plan for this p a r k . L a m b e r t said that there is a concept plan. Anderson asked about a public access to the p a r k . L a m b e r t said there will be spaces for six cars and t r a i l e r s a n d the park will be on four acres. APPROVED MINUTES EDEN PRAIRIE PARKS, REC. & NATURAL RE S O U R C E S C O M M . October 3, 1988 -6- Anderson suggested that since there wo u l d b e a p r o b l e m w i t h allowing electric motors only because o f t h e w i n d , t h e r e should be a 10 horsepower limit. He a s k e d i f t r a i l s a r e proposed. Lambert showed the location o f p r o p o s e d t r a i l s . Jim Geraghty of 15441 Village Woods Dr . s a i d h e w o u l d b e happy with electric motors only and 10 h o r s e p o w e r w o u l d b e fine with a noise restriction and spee d r e s t r i c t i o n . Sandy Lauring said she thinks the City i s w i s e t o e s t a b l i s h an ordinance on this lake. She added t h a t s h e w o u l d l i k e t o see the trail maintained or connected t o t h e p a r k s s y s t e m or allow residents to buy the land b a c k t o c o n s t r u c t d o c k s . Kathy McCahan of Village Woods Dr. sa i d s h e a g r e e s w i t h w h a t has been said and she would like to m a k e u s e o f t h e l a k e i f the water is deep enough. Cook asked if there is a way to restr i c t j e t s k i s w i t h o u t a noise control ordinance. Richard said the DNR should have appr o p r i a t e w o r d i n g t o u s e in sucn an ordinance. MOTION: Shaw moved that the issue of a l l o w i n g 1 0 h o r s e p o w e r motors only, establishing a noise ord i n a n c e a n d n o t a l l o w i n g jet skis on Red Rock Lake should be t a b l e d u n t i l t h e n e x t meeting so the DNR can be contacted f o r a p p r o p r i a t e l a n g u a g e to use in such an ordinance. Baker s e c o n d e d t h e m o t i o n a n d it passed 5-0. B. Review Bids for Community Center T i l e P r o j e c t Refer to memo dated September 28, 1988 f r o m B o b L a m b e r t , Director of Parks, Recreation and Natu r a l R e s o u r c e s . Lambert said that tile contractors usu a l l y d o n o t g o o u t for bids, but are contacted by the gen e r a l c o n t r a c t o r . Only one bid was received for the Comm u n i t y C e n t e r t i l e Project. MOTION: Shaw moved to recommend that t h e e n t i r e p r o j e c t be rebid. Baker seconded the motion. On all for discussion, Cook asked if t h e $ 1 0 , 0 0 0 d i f f e r e n c e between last year's and this year's b i d w o u l d b e a d d e d t o the budget to allow for the same inc r e a s e n e x t y e a r . L a m b e r t said he questions the bid that was re c e i v e d s i n c e i t w a s n e a r l y double the original quote. The motion passed 5-0. 2.1,926 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES COMMISSION - October 17/88 VI. OLD BUSINESS A. Red Rock Lake Surface Management Ordinance (con't from October 1, 1988) - Lambert summarized the actions taken at the October 1..cl meeting and indicated the Commission continued the item to obtain language from the DNR addressing concerns for noise controls on the lake and to insure that a 10 horsepower limit would prevent jet skies, water bikes, etc. from using the lake. Lambert reported that the State already has a noise ordinance on all protected waters and that water bikes have horsepower ranging from 50-60 horsepower, while jet skies are in the range of 20-30 horsepower; therefore, a 10 horsepower limit would eliminate those types of watercraft, and the existing State ordinance noise control on State lakes can be enforced by the City Police Department. Colleen Harvey, 8480 Montgomery Court, indicated that she supports limiting the watercraft to electric motors only. Shaw asked Lambert if any other Red Rock area residents commented during the week regarding his letter. Lambert indicated that he had received no phone calls regarding this item. MOTION: Motion by Shaw to recommend the City Council draft an ordinance limiting watercraft on Red Rock Lake to 10 horsepower. Seconded by Baker. Motion passed 5-0. ;.') MEMORANDUM TO: Mayor and City Council Parks, Recreation & Natural Resources Commissio n THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Parks, Recreation & Na t u r a l R e s o u r c e s DATE: October 13, 1988 SUBJECT: Mitchell Lake Surface Management Ord i n a n c e On October 1, 1988, the City notified Mitche l l L a k e a r e a h o m e o w n e r s o f t h e intention of the City of Eden Prairie to adopt a S u r f a c e M a n a g e m e n t O r d i n a n c e for Mitchell Lake. The City requested inter e s t e d p r o p e r t y o w n e r s t o a t t e n d the October 17th meeting of the Parks, R e c r e a t i o n & N a t u r a l R e s o u r c e s Commission to provide input on this proposed or d i n a n c e . The City Council has directed staff to develop a S u r f a c e M a n a g e m e n t O r d i n a n c e for both Mitchell Lake and Red Rock Lake. Dur i n g C o u n c i l d i s c u s s i o n s e a r l i e r this year relating to dock restrictions and sc e n i c e a s e m e n t s o n M i t c h e l l L a k e the City Council noted that if these restri c t i o n s a r e c h a n g i n g , t h e C i t y should not wait until a public access is con s t r u c t e d o n t h e l a k e p r i o r t o adopting a surface management ordinance for Mi t c h e l l L a k e , i n o r d e r t o l i m i t the number of people that may invest in lar g e h o r s e p o w e r b o a t s t h a t m a y ultimately not be allowed on that lake. In the State of Minnesota Water Surface Use St a t u t e s a n d R u l e s , t h e C i t y h a s the power to "regulate the type and size of wa t e r c r a f t , a s d e f i n e d i n S e c t i o n 361.02, Subdivision 7, committed to use a bod y o f w a t e r " , a n d t o " l i m i t t h e types and horsepower of motors on a body of wa t e r ; " a n d " t o l i m i t t h e u s e o f the body water at various times and the use o f v a r i o u s p a r t s o f t h e b o d y o f water;" and "to regulate the speed of watercraf t o n t h e b o d y o f w a t e r a n d t h e conduct of other activities on the body of wat e r t o s e c u r e t h e s a f e t y o f t h e public in the most general public use;". In 1983, the Parks, Recreation and Natural Res o u r c e s C o m m i s s i o n a p p o i n t e d a n ad hoc committee to study the lakes in E d e n P r a i r i e a n d t o m a k e recommendations regarding public accesses, acqu i s i t i o n o f l a k e s h o r e p r o p e r t y , surface management restrictions, and management p r a c t i c e s a n d r e c o m m e n d a t i o n s for each lake. This committee worked with Ed F i e l e r , F i s h e r i e s M a n a g e r f r o m the Department of Natural Resources, and Duan e S h o d e e n , R e g i o n a l F i s h e r i e s Supervisor for the Metro Region Headquarters o f t h e D e p a r t m e n t o f N a t u r a l Resources. The committee recommended the Cit y C o u n c i l c o n s i d e r a S u r f a c e Management Ordinance that would limit the size o f m o t o r s o n M i t c h e l l L a k e t o either 10 horsepower or less or electric motor s o n l y . T h e c o m m i t t e e d i d n o t recommend any other limitations regarding w a t e r c r a f t t y p e a n d s i z e , s p e e d limits, etc. on this lake. If the ordinance is to be limited to controll i n g t h e m o t o r t y p e a n d s i z e , t h e State regulations indicate the following: "C o n t r o l s , i f a n y , c o n c e r n i n g t h e maximum total horsepower of a motor(s) powerin g w a t e r c r a f t o n s u r f a c e w a t e r s shall utilize one or more of the following horsepower cutoffs or motor types: 4,- 1) 25 horsepower, 2) 10 horsepower, 3) electric motors, 4) no motors. As of October 12th, staff have received one request from an area resident that this ordinance be restricted to electric motors only on Mitchell Lake. Staff would recommend that the Commission explain to residents the o n l y limitation being recommended is a limit on motor type and size and that t h e options are 25 horsepower, 10 horsepower, electric motors or no moto r s , prior to opening the meeting fcr recommendation and discussion am o n g residents. After hearing all recommendations, the Commission should then m a k e a recommendation to the City Council on the limitation for motor type a n d size. Staff would then request the City Attorney to draft an ordinance Including the Parks, Recreation and Natural Resources Commissi o n recommendation, which would then be forwarded to the City Council for init i a l review. After initial review by the City Council the proposed ordinan c e would be forwarded to the Commissioner of the Department of Natural Resourc e s for the State of Minnesota for his approval prior to the City Council havi n g the first reading of this ordinance. BL:mdd Air , 1 26 29 October 1, 1988 TO: Mitchell Lake Area Homeowners: Re: Surface Management Ordinance for Mitchell Lake Dear Resident: You may have read in a recent Eden Prairie news art i c l e t h a t t h e E d e n P r a i r i e City Council has been discussing a proposed surfac e m a n a g e m e n t o r d i n a n c e f o r Mitchell Lake. The City Council has directed s t a f f t o n o t i f y c o m m u n i t y residents, and in particular Mitchell Lake area r e s i d e n t s , t h a t t h e P a r k s , Recreation and Natural Resources Commission will b e d i s c u s s i n g a s u r f a c e management ordinance for Mitchell Lake at their Oct o b e r 1 7 , 1 9 8 8 m e e t i n g , a n d encourage residents to provide input regarding t h e l a n g u a g e f o r t h e d r a f t ordinance. In 1981, the City Council appointed a Fishing Reso u r c e S t u d y C o m m i t t e e t h a t dr• worked with the Department of Natural Resources to s t u d y f i s h i n g p o t e n t i a l o n lakes within the City of Eden Prairie. The committe e c o l l e c t e d a l l a v a i l a b l e information on lakes and streams in the City a n d m a d e r e c o m m e n d a t i o n s regarding potential public recreation use of eight o f E d e n P r a i r i e ' s l a k e s . The committee recommended that due to the size, d e p t h a n d c o n f i g u r a t i o n o f Mitchell Lake the City Council consider a surface m a n a g e m e n t o r d i n a n c e t h a t would restrict boats on Mitchell Lake to 10 horsepow e r o r l e s s . Please consider this letter an invitation to atten d a m e e t i n g o f t h e P a r k s , Recreation and Natural Resources Commission at the E d e n P r a i r i e C i t y H a l l , a t 7:30 P.M. on October 17th to discuss this pr o p o s e d s u r f a c e m a n a g e m e n t ordinance. If you are unable to attend that m e e t i n g , a n d w o u l d l i k e t o comment on this issue, please feel free to contact m e a t 9 3 7 - 2 2 6 2 , e x t . 2 7 0 o r write a letter to me at 7600 Executive Drive. You r c o m m e n t s w i l l b e i n c l u d e d In the record for review by the Commission and City C o u n c i l . The City encourages public input regarding how our l a k e s s h o u l d b e u s e d b y t h e public and will welcome any and all comments re g a r d i n g t h i s i s s u e . I l o o k forward to seeing you at the October 17th meeting. Robert A. Lambert Director of Parks, Recreation & Natural Resources RAL:mdd 0 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION & NATURAL R E S O U R C E S C O M M I S S I O N - O c t o b e r 1 7 / 8 8 Shaw asked Lambert if any other Re d R o c k a r e a r e s i d e n t s commented during the week regarding h i s l e t t e r . l a m b e r t indicated that he had received no phon e c a l l s r e g a r d i n g t h i s item. MOTION: Motion by Shaw to recommend the City C o u n c i l d r a f t a n ordinance limiting watercraft on R e d R o c k L a k e t o 1 0 horsepower. Seconded by Baker. Motion p a s s e d 5 - 0 . B. Mitchell Lake Surface Management Ordinance - Lambert summarized the reason for addressing the Mitchell L a k e S u r f a c e M a n a g e m e n t Ordinance at this time and explained t h e p r o c e s s o f p a s s i n g a surface management ordinance. The P a r k s , R e c r e a t i o n a n d Natural Resources Commission would li s t e n t o r e c o m m e n d a t i o n s from area residents and would make a re c o m m e n d a t i o n t o t h e C i t y Council. The City Council would then d e c i d e w h a t s h o u l d b e included in the Surface Management Or d i n a n c e a n d d i r e c t t h e City Attorney to draft an ordinance. Th e d r a f t o r d i n a n c e w o u l d be forwarded to the Department of Natura l R e s o u r c e s f o r r e v i e w . Upon approval of the Commissioner of N a t u r a l R e s o u r c e s , t h e City Council would then hold a first an d s e c o n d h e a r i n g o n t h e ordinance prior to the ordinance becoming law. The entire process takes about four months. Chairperson Breitenstein then requested i n p u t f r o m r e s i d e n t s . Tom Jensen, 7923 South Bay Court, indica t e d t h e y h a d p u r c h a s e d their property on the lake more for t h e a e s t h e t i c v a l u e t h a n the recreation value, although, they do f i s h o n t h e l a k e w i t h a canoe. Mr. Jensen indicated that during t h e l a s t y e a r b o a t s o n the lake have been an irritation to r e s i d e n t s o n t h e l a k e a s well as wildlife on the lake. He bel i e v e s t h e l a k e i s t o o small for high speed watercraft and i t i s n o t s a f e f o r t h e people that are using the lake with rubb e r r a f t s , c a n o e s , e t c . Mr. Jensen is also disturbed by the num b e r o f p e o p l e t h a t h a v e gone beyond what was initially perceiv e d a s r e s t r i c t i o n s f o r development on the lake including inst a l l i n g b e a c h e s , d o c k s , etc. and placing large high speed boats o n t h e l a k e . Tim Crane, 7919 South Bay Curve, asked w h e t h e r o r n o t t h e C i t y would revise the classification of Mitche l l L a k e f r o m a n a t u r a l environment lake to a recreation deve l o p m e n t l a k e . l a m b e r t responded that there is no reason to ma k e t h a t r e q u e s t o f t h e Department of Natural Resources. Crane then cited several concerns and r e a s o n s f o r l i m i t i n g t h e horsepower on watercraft using this l a k e . 1 ) C o n g e s t i o n - with swimmers in anyone of the three m a i n b o d i e s o f t h e l a k e . Anything more than slow moving wat e r c r a f t b e c o m e s v e r y dangerous. On one afternoon Mr. Cran e c o u n t e d t w o p o n t o o n boats, one water skier, two fishing boa t s a n d t w o r u b b e r r a f t s all using the like at the same time. Wh e n e v e r a n y o n e o f t h o s e crafts met with the water skier, it wa s e x t r e m e l y d a n g e r o u s . 20 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION & NATURAL RESOURCES_COMMISSION - October 17/88 ine lake Is very small ana at Ju miies per hour a boat travels 100 yards in 7 seconds. It only takes 15 seconds to cross the go- largest bay at 30 miles per hour. 2) The lake is very shallow - the deepest point of the lake is about 15 and the average depth in the deepest part of the lake is 8-10 feet. The southern bay where the City parkland is located only averages 4-5' deep. 3) Wave action of larger boats causes a great deal of erosion along the shoreline. Over 1600 trees died because of the high water. Those trees are now being removed at low water conditions and the shoreline is very vulnerable to erosion at this time. Mr. Crane requested a 10 horsepower limit. Bill Kinney, 17651 West 78th Street, is a 22 year resident of Eden Prairie on Mitchell Lake. Mr. Kinney is concerned that people that don't know the lake would get hurt with large motors due to the shallow conditions and the narrow channels. Mr. Kinney would recommend a 10 horsepower limit. His only concern that pontoon boats might not be able to operate with a 10 horsepower limit. He would recommend a larger limit on pontoon boats. Overall there definitely is a limitation needed. David Knack, 7935 south Bay Curve, would like to see a restriction and favors the park that is proposed on the south side of the lake. Mr. Knack indicates the lake is too small and shallow to safely accommodate anything larger than a 10 horsepower limit. He believes a pontoon boat should have an exception. Lavern Hale, 7946 Island Road, recommends a 10 horsepower limit. Brian Foltz, 8008 Island Road, recommends a 10 horsepower limit and suggests a pontoon boat be allowed an exception to perhaps a 20 horsepower limit. Mike Eames, 17345 West 78th Street, a 40 year resident of Eden Prairie on Mitchell Lake, agrees with the need for a power limitation. He also indicates that the two pontoons on the lake have not caused any problems and suggests an exception for those two boats. Mr. Eames indicates that speeders on the lake aren't limited to young people. He described an incident during the summer when a boat with approximately 50 horsepower motor and several drunks on board disturbed several people while fishing and almost capsized their boat. Mr. Eames indicated that the existing pontoons on the lake cause no problems and suggested an exception or a grandfather clause for those two boats. Bill Johnson, 8006 Island Road, suggested a ten horsepower limit with an exception for pontoons if possible. ,m 2 UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION A NATURAL RESOURCES COMM:SSION - O c t o b e r 1 7 / 8 8 The Commission members then discussed the possibilities of limiting to 10 horsepower, but with directing the City Attorney to develop some language that would provide for exceptions to the two pontoon boats that are presently on the lake. MOTION: Motion by Shaw to recommend the City council draft an ordinance limiting the watercraft on Mitchell Lake to a 10 horsepower limit with a possibility of a special use permit to be renewed on an annual basis for the two existing pontoon boats limiting those boats to 25 horsepower. Motion seconded by Joyer. Passed 5-0. a c,& Member introduced the following resolution and moved its adoption: Resolution No. 88 - :=47‘i RESOLUTION RELATING TO $9,800,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1988; CALLING FOR THE PUBLIC SALE THEREOF BE IT RESOLVED by the City Council of the City of Eden Prairie, Minnesota (the City), as follows: 1. Authorization. It is hereby determined that it is necessary for the City to issue and sell its General Obligation Improvement Bonds, Series 1988 in the principal amount of $9,800,000 (the Bonds) to finance various local improvement projects being undertaken by the City pursuant to Minnesota Statutes, Chapter 429. $ of the principal amount of the Bonds represents interest as provided in Minnesota Statutes, Section 475.56. It is hereby determined that the City Finance Director/Clerk shall receive and open sealed bids for the purchase of the Bonds on December , 1988, at o'clock _.M., and this Council shall meet at o'clock _.M. that same date to award the sale. 2. Sale. The City Finance Director/Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said sale to be published at least ten days in advance of the bid opening in the Eden Prairie News, a legal newspaper having general circulation in the City, and in a periodical published in Minneapolis, Minnesota, giving financial news and of general circulation throughout the State, which notice shall be in substantially the following form: -2- qtAt.1 NOTICE OF BOND SALE $9,800,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1988 CITY OF EDEN PRAIRIE, MINNESOTA NOTICE IS HEREBY GIVEN that the City of Eden Prairie, Minnesota, will receive sealed bids for the purchase of $9,800,000 General Obligation Improvement Bonds, Series 1988, of the City (the Bonds), at the City Hall in Eden Prairie, Minnesota, until .m. on Tuesday, December 1988, at which time the bids will be opened and tabulated. The City Council will meet at .m. the same day to consider such bids and award the sale of the Bonds. The Bonds will be issued for the purpose of financing local improvements within the City. The Bonds will be issuable as fully registered bonds of single maturities, in denominations of $5,000 or any integral multiple thereof, will be dated, as originally issued, as of December 1, 1988, and will mature on 1 in the following years and amounts: Year Amount Year Amount The City will select a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent. Interest will be payable on each 1 and 1, commencing 1, to the registered owners of the Bonds appearing of record in the Bond Register as of the 15th day of the immediately preceding month. A legal opinion will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota. Copies of a statement of Terms and Conditions of Sale and additional information may be obtained from Springsted, Inc., 85 E. 7th Place, Suite 100, St. Paul, Minnesota 55101; telephone 612-223-3000, financial consultants to the City. Dated: November 1, 1988. BY ORDER OF THE CITY COUNCIL John Frane City Finance Director/Clerk City of Eden Prairie, Minnesota -3- 3. Terms and Conditions of Sale. The following statement of Terms and Conditions of Sale shall constitute the terms and conditions for the sale and issuance of the Bonds and such terms and conditions are hereby authorized to be incorporated in material distributed to prospective bidders for the Bonds: -4- g(03 (p TERMS AND CONDITIONS OF SALE $9,800,000 GENERAL OBLIGATION IMPROVEMENT B O N D S , S E R I E S 1 9 8 8 CITY OF EDEN PRAIRIE, MINNESOTA Sealed bids for the purchase of $9,800,00 0 G e n e r a l Obligation Improvement Bonds, Series 1988 ( t h e B o n d s ) o f t h e City of Eden Prairie, Minnesota (the City) w i l l b e r e c e i v e d a t the office of the City Finance Director/ C l e r k , u n t i l _.m., on Tuesday, December ,, 1988, when they w i l l b e o p e n e d , r e a d and tabulated. The bids will be presente d t o t h e C i t y C o u n c i l for consideration at a meeting to be held a t t h e C i t y H a l l at _.M. on the same date. This is a statem e n t o f t h e terms and conditions upon which the bids f o r t h e B o n d s w i l l b e received, the sale thereof awarded and th e B o n d s i s s u e d . PURPOSE The Bonds will be issued for the purpose o f f i n a n c i n g the cost of construction of local improve m e n t s w i t h i n t h e C i t y , in accordance with the provisions of Minn e s o t a S t a t u t e s , Chapters 429 and 475, TYPE, DENOMINATION AND MATURITIES The Bonds will bear a date of original is s u e a s o f December 1, 1988, will be in fully regis t e r e d f o r m a n d i n denominations of $5,000 or any integral m u l t i p l e t h e r e o f , o f single maturities, and will mature on 1 in the following years and amounts: Year Amount Year Amount -5- 24 INTEREST PAYMENT DATES AND RATES Interest will be payable on 1, and semiannually thereafter on each 1 and 1, to the registered owners of the Bonds appearing of record in the bond register as of the close of business on the 15th day (whether or not a business day) of the immediately preceding month. All Bonds of the same maturity must bear interest from date of original issue until paid at a single, uniform rate, not exceeding the rate specified for Bonds of any subsequent maturity. Each rate must be expressed in an integral multiple of 5/100 or 1/8 of 1%, not exceeding the rate specified for Bonds of any subsequent maturity. BOND REGISTRAR, TRANSFER AGENT AND PAYING AGENT The City will designate and contract with a bank, financial institution or trust company to act as Bond Registrar, Transfer Agent and Paying Agent (the Registrar). The Bond Register will be kept, principal and interest will be paid to the registered owner of each Bond and transfers of ownership will be effected by the Registrar. The City will pay the reasonable and customary charges of the Registrar for such services. The City reserves the right to remove the Registrar and appoint a successor. DELIVERY Within 40 days after the sale, the City will deliver to the Registrar the printed Bonds ready for completion and authentication. The original purchaser of the Bonds must notify the Registrar, at least five business days before delivery of the Bonds, of the persons in whose names the Bonds will be initially registered and the authorized denominations of the Bonds to be originally issued. If notification is not received by that date, the Bonds will be registered in the name of the original purchaser and will be issued in denominations corresponding to the principal maturities of the Bonds. On the day of closing, the City will furnish to the purchaser the opinion of bond counsel hereinafter described, an arbitrage certification and a certificate verifying that no litigation in any manner questioning the validity of the Bonds is then pending or, to the best knowledge of officers of the City, threatened. Payment for the Bonds must be received by the City at its designated depositary on the date of closing in immediately available funds. -6- a (04 LEGAL OPINION An opinion as to the validity of the Bonds and the exemption from taxation of the interest thereon will be furnished by Dorsey & Whitney, of Minneapolis, Minnesota and will be printed on the Bonds. The legal opinion will state that the Bonds are valid and binding general obligations of the City enforceable in accordance with their terms, except to the extent to which enforceability may be limited by state or United States laws relating to bankruptcy, reorganization, moratorium or creditors rights. QUALIFIED TAX-EXEMPT OBLIGATIONS The Bonds will be designated by the City as "Qualified Tax-Exempt Obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. TYPE OF BID AND AWARD Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time established above for the opening of bids. Each bid must be unconditional. A good faith deposit in the amount of $ must be submitted with each bid. The good faith deposit must be in the form of a certified or cashier's check or bank draft payable to the City Finance Director/Clerk. The good faith deposit will be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith deposit will be returned to the purchaser at the closing for the Bonds. The bid authorizing the lowest net interest cost (total interest from date of Bonds to stated maturities less any cash premium or plus any discount) will be deemed the most favorable. No oral bid and no bid of less than $ plus accrued interest on all of the Bonds will be considered and the City reserves the right to reject any and all bids and to waive any informality in any bid. CUSIP NUMBERS The City will assume no obligation for the assignment or printing of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any delay in delivery occasioned thereby. -7- ,r) r s.171 o\LD'J Information for bidders and bidding forms may be obtained from the undersigned or from Springsted, Inc., 85 E. 7th Place, Suite 100, St. Paul, Minnesota 55101; telephone 612-223-3000, financial consultants to the City. Dated: November , 1988. BY ORDER OF THE CITY COUNCIL John Frane City Finance Director/Clerk City of Eden Prairie, Minnesota -8- 4. Official Statement. The City Finance Director/Clerk and other officers of the City, in cooperation with Springsted, Inc., financial consultants to the City, are hereby authorized and directed to prepare on behalf of the City an official statement to be distributed to potential purchasers of the Bonds. Such official statement shall contain the statement of Terms and Conditions of Sale set forth in paragraph 3 hereof and such other information as shall be deemed advisable and necessary to describe accurately the City and the security for, and terms and conditions of, the Bonds. Mayor Attest: City Finance Director/Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Finance Director/Clerk. -9- AIDLI1