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HomeMy WebLinkAboutCity Council - 01/17/1989TUESDAY, JANUARY 17, 1989 COUNCILMEMBERS: CITY COUNCIL STAFF: AGENDA EDEN PRAIRIE CITY COUNCIL 7:30 PM, CITY HALL COUNCIL CHAMBERS 7600 Executive Dirve Mayor Gary Peterson, Richard Anderson, Jean Harris, Patricia Pidcock and Douglas Tenpas 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 Gene Dietz, and Recording Secretary Deb Edlund PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES A. City Council Meeting held Tuesday, October 4 1988 III. CONSENT CALENDAR A. Clerk's License List B. Change Order No. 3, I.C. 52-097 Wyndham Knoll C. Change Order No. 2., I.C. 52-102 Hidden Glen 3rd Addition D. SHERWIN-WILLIAMS by Wirtanen Clark Larsen Architects, Inc. 2nd Reading of Ordinance No. 54-88, Zoning District Change from Rural to Commercial Regional Service on 1.01 acres, with variances to be reviewed by the Board of Appeals; Approval of Developer's Agreement for Sherwin-Williams; and Adoption of Resolution No. 88-289, Authorizing Summary of Ordinance No. 54-88, and Ordering Publication of Said Summary. 1.01 acres for one lot for construction of a retail paint store. Location: Along Plaza Drive in front of Menard's Center. (Ordinance No. 54-88, Rezoning; Resolution No. 88-289, Authorizing Summary and Publication) E. CARDINAL CREEK 3RD ADDITION by Gustafson & Associates Company. 2nd Reading of Ordinance No. 49-88, Zoning District Change from RM-6.5 to R1-13.5 on 1.67 acres for Cardinal Creek 3rd Addition; Adoption of Resolution No. 89-09, Authorizing Summary of Ordinance No. 49-88 and Ordering Publication of Said Summary. Location: 6801-05, 6855-59, 6871-75, and 6887-91 Stonewood Court. (Ordinance No. 49-88, Rezoning; Resolution No. 89-09, Authorizing Summary and Publication) Pg. 72 Pg. 100 Pg. 101 Pg. 105 Pg. 106 Pg. 113 Tues.,January 17, 1989 - 2 - Tues.,January 17, 1989 F. EDEN CREEK by JMS Equities, Inc. Adoption of Resolution No. 89- Pg. 117 13, Denying 2nd Reading of Ordinance No. 32-88 for Zoning District Change from Rural to R1-13.5 on 6.6 acres, and Supplementary Request for Comprehensive Guide Plan Change from Public Open Space to Low Density Residential on 1.9 acres and Preliminary Plat of 6.6 acres into 10 single family lots, one outlot, and road right-of- way. Location: Southeast of County Road No. No. 4, across from Mere Drive. (Resolution No. 89-13, Denying Request) IV. PUBLIC HEARINGS A. Outside Storage of Recreational Vehicles - Amendment to City Pg. 118 ETETCode, Chapter 11 (Ordinance No. 22-88) V. PAYMENT OF CLAIMS Pg. 123 VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for Wine License from Mango's Grill & Carry-Out B. Request for On-Sale and Sunday Liquor License for the Courtyard by Marriott VIII. REPORTS OF ADVISORY COMMISSIONS A. Human Rights & Services Commission - No Fault Grievance Process Pg. 130 IX. APPOINTMENTS A. Appointment of Two Consumer Representatives to serve on the South Hennepin Human Services Council for two-year terms commencing J anuary 31 1989 X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager 1. Set a Special City Council Meeting to Interview Residents for Boards and Commissions 2. Set meeting for Board of 1989 Eden Prairie Board of Review for Thursday, April 27 1989 C. Report of City Attorney D. Report of Director of Planning E. Director of Parks, Recreation & Natural Resources F. Report of Director of Public Works G. Report of Finance Director XI. NEW BUSINESS XII. ADJOURNMENT Pg. 131 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, OCTOBER 4, 1986 COUNCIL MEMBERS: CITY COUNCIL STAFF: 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, 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 PLEDGE OF ALLEGIANCE ROLL CALL: All members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Harris moved, seconded by Pidcock to approve the Agenda as published. Remove the following: Items III.M, IV.G, and IV.H. A new draft of Resolution No. 88-213 was presented to the Council for Item 111.1. Motion carried unanimously. II. MINUTES A. Joint City Council., Historical & Cultural Commission and Restoration Committee meeting held Tuesday, July 19. 1988. MOTION: Harris moved, seconded by Pidcock to approve the Minutes of the Joint City Council, Historical & Cultural Commission, and Restoration Committee meeting held Tuesday, July 19, 1988 as published and amended. City Council Minutes October 4, 1988 CORRECTIONS: Page 2, paragraph 5 should read: Harris questioned whether the security... Page 4, paragraph 3 should read: the small size of the firm,.... Page 4, paragraph 4 should read: was trying to purchase the Jacques Farm on Riley Lac. Motion carried unanimously. III CONSENT CALENDAR A. Clerk's License List B. Review Bids for Community Center Tile Project C. Change Order No. 5, Wellhouse Construction, I.C. 52-0725 D. Grading Permit for Starring Lake 2nd Addition (CSAH 1. west of Staring Lanei E. Grading Permit for Chestnut Place (northwest corner of Anderson Lakes Parkway and Chestnut Drivel F. Resolution approving Joint Agreement to develop 1-494 Environmental Impact Statement (Resolution No. 88-219) G. CHEYENNE PLACE, by Westar Properties, Inc. 2nd Reading of Ordinance #41-88-PUD-12-88, Planned Unit Development District Review, with waivers, and Zoning District Change from Rural to R1-13.5 on 38.27 acres; Approval of Developer's Agreement for Cheyenne Place; and Adoption of Resolution #88-221, Authorizing Summary of Ordinance #41- 88-PUD-12-88, and Ordering Publication of Said Summary. 38.27 acres into 76 single family lots, 6 outlots and road right-of-way. Location: North of County Road #1, 640 feet west of County Road #4 and County Road #1 Intersection. (Ordinance 441-88-PUD-12-88, PUD District & Rezoning; Resolution 488-221, Authorizing Summary and Publication. H. Request from Southwest Cable Commission for Approval of SWING recommendation regarding institutional Network T. Resolution No. 88-213 Appointing Election Judges for the November 8 (1neral Election J. Re:::olution No. S8-31 1 ,2rord!ng Partial compliance with Developer's Agreement Requirements for Bachman Anderson Development_laka cahriolo Center) City Council Minutes October 4, 1988 K. Resolution No. 88-232, Authorizing Permit Application for Fairfield L. Resolution No. 88-233 to Execute License to Cross Public Waters with Sanitary Sower in lnine Estates 2nd Addition M. PANNEKOKEKEN HMIS, Resolution No. 88-229 Denying 2nd Reading of Ordinance No. 33-88 from Office to C-Reg- Service (REMOVED FROM THE AGENDA) MOTION: Bentley moved, seconded by Harris to approve the Consent Calendar as published, removing Item M and noting the revisions for Resolution No. 88-213 for Item I. ITEM B Bentley asked City Manager Jullie if letters of apology were being sent to the parties negatively affected by the rescheduling of the Community Center Tile Project. Jullie replied that Staff would send the necessary letters. ITEMS D & E MOTION: Bentley moved, seconded by Harris to amend Items D & E to have an additional condition to read: the developer proceeds at his own risk. Motion carried unanimously. ITEM J Bentley asked Enger for clarification on what was meant by partial compliance. Enger replied that some of the conditions of the developer's agreement had been completed and some of the items were necessary to complete to have full compliance; therefore, the developer was requesting a certificate of partial compliance for the items completed at this time. Peterson asked Enger why a Statement of Partial Compliance was necessary. Enger replied that mortgage companies were asking for statements because they consider the Developer's Agreement as a condition on the property. Bentley asked Enger if this proposal would indicate the possibility for a second phase of development for the building. Enger replied that Lexington Properties did have a design for a second phase and would move forward as soon as a prime tenant was found. City Council Minutes 4 October 4, 1988 ITEM K Pidcock stated that she had received inquiries from concerned property owners regarding the alignment of Scenic Heights Road. Dietz replied that the proposed alignment of Highway 212 would be discussed in November. Dietz stated that some properties would be divided further south, but did not relate to the Fairfield project. Motion carried unanimously. IV. PUBLIC HEARINGS A. TrAPA_YAterMain_Extension on Pioneer Trail (CSAH 1) from 1700 feet west of Mitchell Road to approximately 2000 feet west of Eden Prairie Road (CSAH 4) and on Eden Prairie Road_ICSAH 4) from Pioneer Trail (CSAH 1) to 600 feet north of Scenic Heights Road, I.C. 52-147 (Resolution No. 88-218) City Manager Jullie reported that notice of the Public Hearing had been sent to affected property owners and published in the September 21 and September 28, 1988 issues of the Eden Prairie News. Dietz presented project I.C. 52-147 which would run along the west side of County Road 4 and along the north side of County Road 1. Dietz described the assessment district and noted that the corner lots on Summit Drive were not recommended to be assessed at this time because service was not to be extended to these lots now; assessments should wait for a lateral project for Summit Drive. Dietz reported the estimated cost for the project to be $608,000. He said that the assessment would be the cost equivalent to a 6" watermain estimated at $282,638, with the City share to pick up the difference in cost of the 12" watermain at an estimated cost of $325,000. Dietz stated that the front-foot rate would be $21.06. He recommended that the 5-year exclusion policy be in effect for the homesteaded properties. Dietz informed the property owners that in addition to the assessment there were permit fees required for plumbing permits. He said that the additional permit fees were usually not discussed at the feasibility hearing and property owners are urged to contact the Building Inspection Department for a thorough breakdown of the additional fees. Dietz said that the contract would be awarded by November 1, 1988 and the project completed by July 1989. Dietz stated that the catalyst for the project was the commitment by the City to have utilities to the Cedar Ridge Elementary School by September 1989. He said that tb Pairfield and Cheyenne Place developments were expected to be able to extend the utilities to the school, City Council Minutes 5 October 4, 1988 but an alternate plan was provided in the report in case the developments did not proceed in time. Dietz stated that if the City used the contingency plan the cost to extend service from CSAH4 to the school would be approximately $324,000 and the entire amount would be assessed to the adjacent properties in the Fairfield and Cheyenne Place developments. Peterson asked Dietz when sewer would be available for the east side of County Road 4 and the north side of County Road 1. Diets replied that Staff did not have projections for sewer in that area at this time. Dietz said that a subdivision or petition from the property owners would be needed to start a project in the area. Bentley asked Dietz from what direction the construction would take place. Dietz replied that had not been determined and that the contractor would have flexibility; however, it was part of the specifications that the project must be completed by June 1989. Pidcock asked Dietz if water pressure would not be effected by only having a 12" pipe. Dietz replied that the size of pipe did effect water pressure; however, the study indicated that a 12" pipe would adequately serve the area and that in the interior of residential projects a 6" pipe could provide adequate pressure. Anderson asked Dietz how much the project would be delayed if next year was a rainy year. Dietz replied that the project would not be delayed more than 30 days due to weather conditions. Anderson stated a concern about delays of any kind preventing the school from opening on schedule. Dietz stated that Staff would do everything possible to make sure that the completion dates were met and utilities provided for the school in time for its opening day. Dietz said that a date would be set and if Fairfield and Cheyenne Place were not at a specified point of development, the City would take over the project. Steve Wagner, 8430 Eden Prairie Road, questioned disparities in the assessment of the property. He said that his property would be assessed at approximately $2,600 per acre while property in the Fairfield project would be assessed at approximately $249 per acre. Wagner questioned who would be acquiring the easement/right-of- way, the City or the County. Wagner believed that there would be a negative impact to his property with the pfoposed alignment of Scenic Heights Road and the easement requirements. Dietz replied that there was a disparity in the assessments between the Wagner and Fairfield properties. Dietz said that the City was proposing to assess lateral benefit. He said that Wagner had a large amount of front footage on his parcel which would have City Council Minutes 6 October 4, 1988 direct access to the esteems In as opposed to the limited direct access to the Fairfield project. Wagner stated that his property would be biected by the Scenic Heights Road alignment and questioned how access could be obtained to his property. Bentley stated that the realignment of Scenic Heights Road would not happen until Highway 212 was constructed and at this time there were no dates estimated in the near future. Wagner said that several weeks ago it had been discussed at a Council meeting that further development of the Fairfield property past. i inc I could not take place until Scenic It:2ights Road was extended. Wagner believed that the 4-lane road would not add value to his property. Dietz replied that Councilmember Bentley was correct in that the realignment of Scenic Heights Road east of CSAH4 would not occur until Highway 212 was constructed and Mr. Wagner was also correct in that the proposed extension of Scenic Heights Road to the went would take place in advance to construction of Highway 212. Dietz stated that he was not prepared to answer the questions related to the road issues. Peterson asked Dietz to answer the question related to the Improvement to the Wagner property. Peterson stated that If Scenic Heights Road were extended then a portion of the Wagner property could not be developed. Dietz concurred with Mayor Peterson; however, it was the City's position that the benefit of utilities added value to property. Dietz stated that the only known factor at this time was the watermain and that when the right-of-way for the road was obtained the value of the property would have Increased because of the watermain. Harris asked Dietz for clarification on the disparity of the assessments. Dietz replied that for any of the lots in the Fairfield project to receive water an 8" extension would be necessary to come from the trunk watermain and the developer would build watermain along each of the streets in the development. Dietz stated that the properties were being treated the same. He said that the assessment was for a 6" watermain which was the City policy; however, because of the significant amount of property involved with the Fairfield project the per acre amount was a lower rate. Dietz said that the Wagner property was a unique case in that it had the longest front footage of any of the properties for the project and that he had noted in the Staff report that the Council might wish to consider deferment until the property was developed, which would be determined at the time of the 1ssP55menf: Hearing. Anderson commented that the property was homesteaded and that a 5-year deferment was currently the policy and believed that within the 5-year period the area would develop. Dietz believed that the pressure to City Council Minutes 7 October 4, 1988 develop this area would be well in advance of the 5-year period. Wagner asked who would obtain the right-of-way. Dietz replied that the City would negotiate the easement for the watermain. Dietz stated that it would be at least 2 years before the County would be in a position to obtain road tightemof-way. Wagner asked how the trees and vegetation would be impacted by the easement. Dietz replied that at thin time he could not answer the question, but that Mr. Wagner would be included in the negotiation process. Greg Anderson, 8711 Eden Prairie Road, stated that because of the shape of his property he considered the assessment to be doubled. Anderson suggested that a formula similar to cul-de-sac properties would be more equitable. Anderson helieved that the assessment far exceeded that benefit to his property. Dietz replied that this could be reviewed in advance of the Assessment Hearing. M1LTIGN: Harris moved, seconded by Pidcock to close the Public Hearing and adopt Resolution No. 88-218 ordering the watermain improvement. Pidcock requested that the project be considered on a per unit basis rather than an acreage basis. Dietz replied that a per unit basis would be taken into consideration. Motion carried unanimously. B. REDBURN BUILDING by Bud Redburn Insurance Agency, inc. Request for Comprehensive Guide Plan Amendment from Industrial to Neighborhood Commercial on 1.5 acres and from Industrial to Office on 0.58 acres, Zoning District Change from Rural to Office on 0.58 acres, and Preliminary Plat of 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. (Resolution 8 83-223, Comprehensive Guide Plan Amendment; Ordinance #45-88, Rezoning; Resolution #88-224, Preliminary Plat) Jullie reported that notice of this Public Hearing was sent to owners of 17 surrounding properties and published in the September 21, 1988 issue of the Eden Prairie News. Dennis Tristler, President of Northland Censtrection Management, represented that proponent. Tristler stated that a 1.5 story, 1000 square-foot building would be constructed and that access to the building would be through the Burger King parking lot which had been negotiated. Tristler stated that Commercial Zoning was City Council Minutes October 4, 1988 being requested. He said that the building was proposed to allow for 5 to 6 tenants. Tristler stated that two signs were being requested. He said that utilities would be obtained from the adjacent property. Tristler stated that increased horsing had been completed per Staff recommendations. Enger reported that this item was reviewed at the September 12, 1988 Planning Commission meeting and recommended approval on the project with a 7-0 vote per Staff recommendation of September 9, 1983. Enger noted that the Comprehensive Guide Plan Change Included the Burger King lot of 1.5 acres from Industrial to Neighborhood Commercial and the 0.58 acre for the Redburn Office Building from Industrial to Office. Bentley asked if the cress-easement agreement would be permanent and would become part of the titles for both properties. Tristler stated that the agreement would run with the land. Harris asked if the sewer service issue had been resolved. Dietz replied that at this time it had not been resolved but believed that it could be resolved. Dietz stated that the sewer in this development was privately owned by the E. A. Sween Company. Dietz said that Redburn needs to meet with the Sween Company to acquire access to the sewer. Anderson asked Redburn if he had any objection to installing a private sprinkling system to maintain the landscaping. Redburn replied that he would like to have a sprinkling system; however, there was a cost factor which he had not explored at this time. Anderson was concerned about protecting the landscaping because of the visibility of the project. Harris asked Enger what was meant by traffic service levels B and C. Enger replied that service level A would be the best traffic circulation and F would be the worst. He said that with the proposed improvements to the intersection at Highway 5 and County Road 4 the Intersection would go from a level F, which was the current level, to a level B or C. Enger stated that the Redbnrn Office Building would not generate a significant amount of traffic and would not affect the intersection as It exists today. MOTION: Bentley moved, seconded by Anderson to close the Public Hearing and adopt Resolution No. 88-223 for Comprehensive Cuidc Plan Amendment. Motion carried unanimously. City Council Minutes 9 October 4, 1988 MOTION: Bentley moved, seconded by Anderson to approve 1st Reading of Ordinance No. 45-88 for Rezoning. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson to adopt Resolution No. 88-224 approving the Preliminary Plat. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendation and request negotiations regarding sprinkler system installation. Motion carried unanimously. C. PRAIRIEVIRW IT by Curt Johnson Properties, Inc. Request for Zoning District Amendment within the C-Regional Service Zoning District on 2.17 acres for construction of a 12,658 square foot retail/office use. Location: North of Plaza Drive, cast of the Prairie View Shopping Center. (Ordinance #43-88, Rezoning) Jullie reported that notice of this Public Hearing was sent to owners of 7 surrounding properties and published in the September 21, 1988 issue of the Eden Prairie News. Enger presented the project for the proponent. Enger stated that the building would he constructed where the Bonanza Restaurant was originally proposed. He said that the new proposal would be for a two-story retail/office building. Roger reported that the Planning Commission reviewed this item at its September 12, 1988 meeting and recommended approval on a 7-0 vote based on the Staff Report of September 9, 1988. Roger said that Staff recommended that the road behind the shopping center become a one-way service drive and that a median be constructed at the TCBY drive-thru area to allow the traffic to be directed to the south. Enger stated that the Planning Commission did not approve the recommendation for a canopy for the building as stated in Item 1.A of the Staff report. Harris complimented that Planning Commission in denying the request for a canopy. Bentley suggested that a street light be placed at the both entrances to the shopping center. City Council Minutes 10 October 4, 1988 Glenn Johnson, 7067 Springhill Circle, stated that he believed that the road behind the shopping center was a fire lane and questioned if the City was responsible for posting that designation. Euger replied that he would check into this and that if he road was designated as a fire lane it should be signed as such. MOTION: Anderson moved, seconded by Bentley to close the Public Hearing and approve 1st Reading of Ordinance No. 43-88 for Rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Pidcock to prepare a Development Agreement incorporating Commission and Staff recommendations and the Council condition to request the developer to consider the installation of a sprinkling system. Motion carried unanimously. D. WYNDHAM NOB 2ND ADDITION by Burl Corporation. Request for Zoning District Change from Rural to R1-9.5 on 7.2 acres and from Rural to R1-13.5 on 18.9 acres with variances to be reviewed by the Board of Appeals, and Preliminary Plat of 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 if 46-88, Rezoning; Resolution 888-225, Preliminary Plat) Jullie reported that notice of this Public Hearing was sent to owners of 91 surrounding properties and published in the September 21, 1988 issue of the Eden Prairie News. Don Patton presented the project. Patton said that the plan showed the property being divided into 41 lots; however, only 38 of the lots were new lots. He said that 3 of the lots from the original Wyndham Knoll development were being replatted to become part of the Wyndham Nob 2nd Addition. Patton stated that 16 units would be included in the R1-9.5 area and 22 units in the R1-13.5 area. Patton said that the proponent had received the permit from the U.S. Army Corps of Engineers. He stated that DNR did not require a permit. Patton stated that the proponent concurred with the request that a construction road be developed. Patton requested a grading permit to allow for the water to be brought into the project. Finger reported that this item was reviewed by the Planning Commission at its September 12, 1988 meeting and recommended approval of the project on a 7-0 vote according to the recommendation outlined in the Staff report dated September 9, 1988. Enger stated that the City Council Minutes 11 October 4, 1988 proponent was scheduled to appear before the Board of Appeals and Adjustments on October 14, 1930 regarding the variances required for this project. He said that if the variances were not granted the elimination of 1 lot could be necessary if the lot pattern could not be adjusted to meet the requirements. Lambert reported that the Parks, Recreation & Natural Resources Commission reviewed this item at its October 3, 1988 meeting and recommended approval of the project as per the Planning Commission Staff Report dated September 9, 1988. Lambert stated that a trail easement would only be necessary if the outlet were to remain privately owned. Peterson asked what the percentage of tree loss would be. Patton replied that the tree loss would be approximately 13 to 15 %. Patton wished to comment at this time on the variance request. He stated that the 70-foot frontage with a 30- foot building would appear more uniform with the rest of the project. Enger replied that Staff suggested that the frontage be increased by 5 feet to bring the front footage to 75 feet. Enger stated that variances had been approved for 75 feet by the City in the past. Bentley asked Enger if this proposal was not part of a PUD Plan. Enger replied that this was land that was separately held and was not part of the PUB Plan. Bentley asked Enger why the project was on being presented on a PUB basis. Enger replied that the variances were not anticipated originally. Bentley asked Patton is Chennault Way would be constructed completely at the beginning of the project. Patton replied yes. Anderson stated concern about more R1-9.5 lots being constructed in this area of the City. He commented that the northwest section of the City had the most R1-9.5 lots and believed that a better mix needed to be considered. Rich Sohre, 18704 Chennualt Way, stated a concern about the water pattern being changed due to landscaping and causing the water to run onto his property. Patton replied that the lot would be changed; however, the water should be directed into the catch basin. Sotire was concerned about the additional traffic on the road doe to the construction because of the children In the area and the width of the road. Peterson replied that the construction traffic had !(!orl addressed and a construction road would be built to the north. City Council Minutes 12 October 4, 1988 Anderson asked Dietz If any precautions could be taken at this time to guarantee that the current property owners would not be affected by drainage problems from the new development. Dietz replied that Staff would look into the drainage issue at this location. MOTION: Pidcock moved, seconded by Harris to close the Public Hearing and approve the lot Reading of Ordinance No. 46-88 for Re700Ing. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris to adopt Resolution No. 88-225 approving the Preliminary Plat. Motion carried unanimously. MOTION: Pidcock moved, seconded by Harris to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations with special emphasis on the drainage issue. Motion carried unanimously. MOTION: Bentley moved, seconded by Pidcock to grant a grading permit In accordance with the appropriate Staff review and requirements with the understanding that proponent would proceed at their own risk. Motion carried. E. CROSSTOWN PRAIRIE OFFICE WAREHOUSE by Cary A. Bilden. Request for Site Plan Review on 1.89 acres within the 1-2 Zoning District with variances and Shoreland variances to be reviewed by the Board of Appeals, Preliminary Plat of 1.89 acres into one lot and road right-of-way 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 & Pacific Railroad. (Ordinance U47-88, Zoning District Amendment within 1-2; Resolution # 88-226, Preliminary Plat) Jullie reported that notice of this Public Hearing was sent to owners of 14 surrounding properties and published in the September 21, 1988 issue of the Eden Prairie News. Cary Hilden, owner of A & H Welding, stated that the proposal was, to redevelop the property and construct a new • office/warehouse building of which approximately 45% of the building would be occupied by A & H Welding with the balance of the building space to be leased. City Council Minutes 17 October 4, 1928 Enger reported that this item was reviewed by the Planning Commission at its September 12, 1988 meeting and recommended approval of the project with a 7-0 vote based on the recommendation of the Staff Report dated September 9, 1988. Enger reported that this proposal was for redevelopment of a current facility, which was not to City standards. Enger stated that the property did have conflicts with Nine Mile Creek; however, there was not a problem with drainage during the super storm. Enger said that all parties involved in this project had to allow for compromises. Enger stated that Hilden had reduced the floor-area ratio to 24%, which would make the degree of variances less. He said that when the development was completed Nine Mile Creek would be cleaned up and would have a better appearance. Anderson commented that he was pleased to see this project. Anderson asked Hilden if he was taking the responsibility to maintain the appearance of the creek area. Hildeu replied that at one time he had looked into regrading the area along the creek, but the permits required from the DNR were overwhelming. Hilden said that he would live within the DNR guidelines and do what he could to improve the appearance of the creek. Anderson stated that he hoped that the City would do whatever possible to make sure that the area was cleaned up. Lambert concurred with Hilden that the area could be regraded to look nicer; however, a large number of permits would be necessary. Anderson believed that the City should look into what exactly would be required. Hilden stated that a catch basin was being constructed to prevent further erosion and that curb and gutter was being installed. MOTION: Pidcock moved, seconded by Bentley to close the Public Hearing and approve the 1st Reading of Ordinance No. 47-88 for Zoning District Amendment. Motion carried unanimously. MOTION: Pidcock moved, seconded by Bentley to adopt Resolution No. 88-226 approving the Preliminary Plat. Motion carried unanimously. MOTION: Pideock moved, seconded by Bentley to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations. Motion carried unanimously. City Council Minutes 11 October 4, 1988 MOT TO N: Pidcock moved, seconded by Anderson to direct Staff to prepare a plan to clean up th ,i Nine Mile Creek area and present this plan to the City Council. Motion carried U nanimously. F. BLUESTEM 5TH ADDITION by Brown Land Company. Request for PUD Concept Review on 15.92 acres, PUD District Review on 15.92 acres with waivers, Zoning District Amendment within the P1-13.5 Zoning District on 2.26 acres and Rezoning from Rural to RI-13.5 on 10.57 acres, Preliminary Plat of 17.83 acres into single family lots, 3 outlots, and road right-of-way. Location: West of Bluestem Lane, north of Purgatory Creek. (Resolution 488-227, DUD Concept for Bluestem 5th Addition; Ordinance 448-88-PUD-13-88, PUB District, Zoning District Amendment within RI-13.5 District and Rezoning; Resolution #88-228, Preliminary Plat) Jullie reported that notice of this Public Hearing was sent to owners of 78 surrounding properties and published in the September 21, 1988 issue of the Eden Prairie News. Bob Smith, representing the proponent, stated that the project had been reduced from 19 lots to 15 lots at approximately 1.2 units per acre. Smith said that the price range of the homes would be from $250,000 to $500,000. Smith stated the tree loss had been reduced to approximately 13.5 %. Smith stated that on agreement had been made between the Bluff Company and the Brown Land Company to install a road Jointly on the property line, dedicating right-of-way, and jointly participating in utility installation. Smith read a letter dated September 20, 1988 from Wallace Hustad stating agreement with the alignment of Bluestem Lane as proposed and agreed to share in the costs for developing the road. Smith requested consideration for the granting of a grading permit prior to 2nd Reading to allow the roads and utilities to be Installed this fall. Peterson asked if the grading permit would include the driveway and the retaining wall. Smith replied yes. Enger :eported that this item was reviewed by the Planning Commission at its September 26, 1988 meeting and recommended approval with a 7-0 vote based on the recommendations of the Staff Report dated September 23, 1988. Enger said that Staff concurred with the current road layout which would reduce the number of retaining walls needed. Enger commented that this project was the first one in Eden Prairie to be in a heavily wooded area which also contained steep slopes. Enger stated that an City Council Minutes 15 October 4, 1988 additional 10% tree loss could take place depending on the pad sizes of the homes. Lambert reported that the Park, Recreation & Natural Resources Commission reviewed this item at its October 3, 1988 meeting and recommended approval of the project based on the Staff Report dated September 22, 1988. Lambert recommended that Outlot C be dedicated to the City. Lambert stated that the Developer had requested a revision to original sidewalk plan and asked Smith to explain the request. Smith stated that the existing homeowners had the understanding that sidewalks were not to be installed in this area and consequently had installed ornate driveways and sprinkling systems. Smith requested that an on-site inspection be completed by the Parks, Recreation & Natural Resources staff to determine if a sidewalk was necessary. Lambert stated that the rationale for the sidewalk to the south was the large population base across from Homeward Hills Park. Lambert said that of the 3 lots Involved only 1 lot would be required to have a sidewalk, the other 2 lots which already have homes constructed on them are not in favor of a sidewalk. Lambert believed that the sidewalk to the south was an appropriate based on the overall trail system. Lambert stated that the on-site inspection would be to determine how such it would cost to install a sidewalk in the area. Peterson aeked Smith if the corner lot was the only lot that was not constructed along Dluestem Lane. Smith replied that the other two lots had homes and only the corner lot was undeveloped. Smith commented that none of Bluostem Lane had a sidewalk. Peterson asked if the sidewalk could be constructed on the south side of the road. Lambert replied that there were already homes along the south side. Anderson stated that there were several other streets throughout the City with the same problem. Anderson suggested that if it were determined to be to costly to install sidewalks that no parking signs be placed on the roads to allow for pedestrians to walk safely. Anderson believed that the parked cars were the greatest hazard to pedestrian traffic. Anderson commented that other cities had done this and was an alternative that should be considered. Smith stated that larger homes had been taken into consideration relating to the size of the building pads. Harr is asked Smith if the both Outlet A and C were heiny dedicated to the City. Smith replied that both outlets were being dedicated to the City and would included approximately 3 acres of land which was twice the normal dediratod land requirement. City Council Minutes 16 October 4, 1188 Peterson asked Smith if the 20' easement along the driveway to the home on the point would allow room for snow storage. Smith replied that adequate room would be available in the area opposite the retaining wall. Peterson asked if an agreement had been made with the developer to the north related to the compatibility of the sizes of the lots. Smith stated that an agreement had been made that the lot sizes on the north and south side of the road would be compatible. MOTION: Harris moved, seconded by Pidcock to close the Public Hearing and adopt Resolution No. 88-227 for PUD Concept Approval. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock to approve the 1st Reading of Ordinance No. 48-88-PUD-13-88 for Rezoning. Motion carried unanimously. MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 88-228 approving the Preliminary Plat and to direct Staff to prepare a Development Agreement incorporating Commission and Staff recommendations and Council Conditions to include the dedication of Outlots A and C and that the sidewalk issue resolved prior to the 2nd Reading. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson to grant a grading permit subject to the appropriate conditions with the understanding that the proponent would proceed at its own risk. Motion carried unanimously. Anderson commented that this project was a much better development than originally presented and would commend the developers for coming back with this new project. Bentley commented that the Planning Staff should be complimented on their research regarding the building pad size issue. C. Vacation 38O8 Vacation of Drainage and Utility Easements in Forest Knolls (Resolution No. 88-215) (REMOVED FROM THE AGENDA) City Council Minutes 17 October 4, 1988 H. VacatiQij •8-Q9, V.k.c,..itien of Drainage and Utility Easements in Coachman's Landing 5th Addition (Resolution No. 88-216) (REMOVED FROM THE AGENDA) V. PAYMENT OF CLAIMS MCTION: Harris moved, seconded by Pidcock to approve Payment of Claims No. 45672 to Nu. 46045. Pidcack questioned No. 45711 for Shakopee Ford. Pidcock believed that the City was to deal with local businesses. Dietz replied that the City of Eden Prairie did not have a Ford dealership. Dietz commented that Staff did try to buy the majority of parts locally; however, when there was a significant price difference Staff would purchase at the best available price. Pidcock stated that No. 45716 and 45913 were for the same item and questioned why they were not purchased at the same time and possibly utilize volume buying. ROLL CALL VOTE: Anderson, Bentley, Harris, Pidcock, and Peterson all voting "Aye". VI. ORDINANCES & RESOLUTIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for City Approval of Charitable Gambling License from the Hockey Association of Eden Prairie (Continued from 9/20/88) Bob Mizell, President of the Hockey Association of Eden Prairie (HAEP), stated that hockey was one of the most expensive sports to participate in and the Association wanted to be able to reduce the fees. Mizell said that currently approximately 6 children were not able to play hockey because the parents could not pay the high fees. Mizell said that the funds from the pull tabs would also go toward a second sheet of ice. He stated that the Eden Prairie ice was at full capacity currently and HAEP was purchasing ice time from other communities. Mizell stated that 500 children have registered for the hockey program already and more are expected with late registrations. He said that because of the numbers registering for the Mite program that a limit of children accepted might have to be established. Mizell stated that half of the yearly budget gun:; to purchase ice time. He said that this year $59,000 was budgeted for ice time with approximately 201 of that amount going to other communities to purchase necessary Ice time. City Council Minutes 18 October 1, 1988 Mizell stated that charitable gambling was not a now concept to hocky associations, with approximately 59 minne7ota communities already using pull tabs for funding. Mizell believed that gambling or a 2nd sheet of icc rc net the issues; but to give the children an opportunity to participate in whatever sport they choose. Pidcock asked Mizell if both boys and girls participated In hockey. Mizell stated that currently there were not girls in the Eden Prairie programs; however, girls were not discouraged from participating. Harris asked Mizell what revenues were expected to be generated from the pull tabs. Mizell replied approximately $50,000 per year. Bentley asked Mizell how he proposed to help specifically the children who needed financial assistance and how would It be determined who needed help. Mizell replied that specific details had not been proposed at this time; however, registration fees had been subsidized in the past. Peterson asked Mizell if the intent was to reduce the overall costs to all those participating. Mizell said HAEP would like to be able to reduce the registration costs. Peterson asked City Attorney Pauly if reducing the registration for all those participating would conform with the charitable gambling regulations. Pauly replied that the Statute was very broad in its language. City Attorney Pauly read the Statute to the Council and stated that he believed that HAFP's proposal would fall within the guidelines. Harris asked Pauly if annual licensing was required and if the license could be reviewed on a yearly basis. Pauly replied that the license had to be renewed by the State Gambling Board; however, it was not required to come before the local government body. Harris asked if an annual review by the Council could be a condition placed for granting the license. Pauly believed that a condition could be written as part of the license. Harris stated that she was sympathetic to what HAEP was trying to accomplish and did not see any reason why the proposal should not be considered positively. Pidcock stated a concern about setting a precedent. Pidcock said that by giving one group permission other groups would follow. Harris stated that HASP had come before the Council with a request, and that each group making such a request should be reviewed on its own merit. Harris believed that HAFP's proposal had merit in the sense of helping youths who would otherwise not be able to participate. Harris believed that by reviewing the City Council Minutes 19 October I, 1988 license at designated intervals the City would have the necessary controls. Pauly stated that after looking further into the State Statute there was a provision for local reviews,. Anderson stated that after talking with residents he found that there were mixed feelings regarding the gambling Issue. Anderson was concerned about the precedent being established. He said that Eden Prairie was not a depressed area and he was concerned about supporting youth athletics with gambling money. Anderson concerned about the numbers of other activities which would come before the Council with the same request. Anderson said that he would not oppose the Lions Club or the Rotary Club requesting a charitable gambling license because the money would go to several areas in the community. Harris believed that the proposal served a social purpose. Harris stated that if this funding could help construct a second sheet of ice then another purpose was being served. Anderson questioned if funding for a second sheet of ice was part of the proposal. Peterson commented that the Council had not heard specific details regarding the distribution of money. Mizell stated that HAEP had first wanted to gain the approval for the license. Mizell said that specific:; had not heen worked out; however, a major portion of the funds would go toward the construction of a second sheet of ice. Peterson asked Mizell to furnish the Council with what percentage of the funds would go toward subsidizing the participants and what percentage would go toward a second sheet of ice. Pidcock stated that she might review the proposal differently if a percentage was to be allocated for a second sheet of ice. Mizell stated that many of the teams can not get decent ice hours. He said that the little children have to skate at SAM. Mizell stated that by getting a second sheet of ice HAEP could expand the programs available and provide decent hours. Bentley stated that if the City could have received enough support from HAEP the 1987 bond referendum probably would have passed. Bentley believed that a bond referendum was the correct and quickest way to have a second sheet of ice. Bentley was opposed to having an organization owning the second sheet of ice; however, HAEP could certainly don.lte money to the City for the construction of a second sheet of ice. Bentley stated that operating expenses for a sheet of ice were costly. City Council Minutes 20 October 4, 1988 Bentley questioned if HAEP had exhausted every other possibility to raise funds. Bentley commented that the pulltab proposal would fund a youth activity in which only adults could participate. Bentley believed that HAEP needed to provide the Council with more information regarding how the funds would be distributed and peliced. He would like to be informed about how other communities break down the distribution of funds. Peterson stated that he would like more information and more comments from residents. Peterson stated that he would not vote in favor of the license if the fees were to be reduced for every hockey participant. Tom Bushard, 8750 Darnel Road, stated that the State governed the controls placed on HAEP. He commented that HAEP had the State's approval. Bushard stated that Information had been submitted twice. Bentley stated that based on the information presented to date he would vr,t(a no. Mizell stated that HARP would provide the information requested. Mizell commented that he too would have preferred to get a second sheet of ice through a referendum; however, he did not believe it would pass. Mizell said that the purpose of tonight's presentation was to obtain feedback from the Council. Doug Tenpas,10005 Amsden Way, asked what types of fund raising had been tried already. Mizell replied that the main fund raising was done by the "Hockey Moms" and that last year they had raised approximately $13,000 from candy sales. Tenpas asked how many families in the Community were involved in hockey and how many more would be Involved if assistance could be provided. Mizell replied that 500 children were currently registered. Mizell said that it was difficult to determine how many more families would participate if funding was available. Mizell stated that in the past special payment arrangements were made and HARP had tried to be as flexible as possible. Tom Yrmpotich, 10456 Devonshire Place, stated that Bloomington Hockey Association sponsored the sale of calendars, which was another form of gambling. He did not believe that a precedent was being set since charitable gambling had been done in other communities before. MOTION: Bentley moved, seconded by Anderson to refer the charitable gambling issue back to Staff and have the item presented again when the appropriate information had been submitted. Motion carried unanimously. City Council Minutes 21 October 4, 1988 B. Communication from Marc and JoAnn ayverson requesting Screening from Old Franlo Road Marc ayverL.on stated that he wished to addrcss the issue of grading on Franlo Road and the use of the adjacent property for the dumping of fill, which had a financial benefit to the City, the developer, the residents along Franlo Road. Syverson stated that an agreement had been reached after the August Council meeting that designated trees would be left untouched. He said that the trees had now been removed and new plantings had not been placed on the berm. Syverson believed th.At the excavation had affected his property. Syverson believed that a breakdown In communication had occurred between the contractor and the City of Eden Prairie. Syverson stated that the intent for coming before the Council was to see what can be done regarding the screening of the property, what can be done to assure that the grading was done properly, and that drainage would not become a problem for his property. Dietz replied that Syverson had met with members of Staff regarding these issues. Dietz believed that what had been agreed to at the Council meeting was that the City would make every effort to make sure that drainage problems were not created and that the land would not be allowed to grow back to weeds. Dietz stated that the Staff had met on the site and that conversations did occur after the Council meeting between Syverson and the contractor regarding relocating trees on the berm. Dietz stated that after discussions with the City Forester it was determined that the trees in question could not be transplanted. Dietz stated that the transplanting of trees was discussed only on a Staff level and was not a promise made by the Council. Dietz stated that it was determined that the likelihood of the willow and boxeldcr trees surviving was slim. Dietz stated that Staff had spent a considerable amount of time on the site. He said that several trees closer to the Syverson property had been saved. Dietz stated that the grading of the site was not complete. Dietz believed that what had been done on the site did not run contrary to the Council's wishes. Peterson stated that he did not recall talking about saving specific trees. Syvernon stated that there were not boxelder trees in the cluster of trees to he He said that after meeting with Lee Johnson, the contractor and Jeff Johnson of the City's Staff everyone had agreed that the trees could be left without jeopardizing the future development of that property. Syverson ';tatr!d that the City Fore^,ter had told his the trees- could be saved even if the level of the land were increased. City Council Minutes 22 October 4, 1988 Peterson asked Syverson what he was asking the Council to do. Syverson replied that he was requesting some type of screening from Franlo Road. Pidcock asked if the City could provide trees on the berm. Lambert replied that the trees would have to be taken from the City nursery. City Manager Jullie suggested that the matter be referred back to Staff. Ray Hoveland, 11924 Joy Circle, stated that at the Council meeting Director of Public Works Dietz had replied to a question from Councilmember Anderson that therc would not be a drainage problem created for his property. He said that one week after the Council meeting the contractor had graded approximately 20 feet onto his property. After so informing the contractor, the contractor replied that he was just doing what the City had Instructed him to do. He said that the contractor had said that the property was an out lot. Hove land stated that 1 City surveyor had come out and concluded that the grading had occurred on my property. He said that the dirt was currently 8 feet above the berm. Hoveland stated that Franlo Road was now completely graded and still mountains of dirt were on his property. Hoveland questioned what was going to be done and when. Peterson stated that the problem would not be resolved tonight. He said the matter would be directed back to Staff. Bentley questioned if the contractor doing the grading was the City's contractor or a contractor hired by the property owner. Dietz replied that it was the City's contractor. City Council Minutes 23 October 4, 1988 MOTION: Barri:. moved, secended by Anderson to refer thie; matter back to Staff to determine the exact facts and circumstances surrounding both properties and to determine the appropriate action for relieve by the next meeting. Motion carried unanimously. C. Request for ragnor License for Ciatti's Italian Restaurant MOTION:_ Andorson moved, seconded by Harris to grant an on-sale Intoxicating liquor license to Ciatti's, Inc. Motion carried unanimously. MOTION: Bentley moved, seconded by Harris to direct Staff to establish a criteria for further issuance of licences. Motion carried unanimously. VIII. REPORTS OF ADVISORY COMMISSIONS IX. APPoTMTmFMTs X. REPORTS OF nrricEns, BOARDS s COMMISSIONS A. Reports of Council Members B. Re'Dort of City Manager 1. 1989 City Budget Review (Resolution No. 88-230) Continued from 9/14/88 Bentley stated that the memo from the Director of Human Resources & Service did not directly address the issue that he had questioned regarding how and if the City was going to fund human service matters. Bentley believed that the City should not fund the human service organizations unless it could be determined that a benefit could be seen in Eden Prairie. Bentley was concerned about the implication of the memo that the amount spent was small and should not be a matter of concern. Bentley believed that this was an issue to watch. Harris believod that this memo had been misinterpreted. Harris questioned what the City would be able to offer if the human service fundIng was stopped. Harris stated that the funds are in conjunction with four other communities. Anderson stated that all the organizations listed as receiving the funding were tried and prov.n 1\nderF;on believed that the o:ty did use the programs. City Council Minutes 24 October 4, 1998 Bentley stated that he was not in opposition to any of the programs. Bentley believed that the County and the SLate should be responsible for these programs. He believed that if the funding was for a private organization specific criteria for funding should he approved by the Council. Peterson stated that he understood Councilmember Bentley's position; however, services are being decentralized which would increase the responsibility to communities. Peterson said that the Human Rights & Services Commission believed that the organizations listed did have a direct Impact the well-being of the residents of Eden Prairie. Peterson stated that he did not want the City of Eden Prairie to get involved generously in any kind of welfare programming; however, when the Human Rights & Services Commission stated there were residents in need of the services offered, then he believed the expenditure to be appropriate. Harris commented that the alternatives could be very costly. Pidcock asked Bentley if he concurred with the recommendation to go with the Hewlett Packard Computer and Epson printers. Bentley believed that Staff's choice was an excellent one. Pidcock stated that she would like to see the item regarding the cablecasting of Council meeting deleted from the budget. Pidcock questioned the need to have the meeting televised at this time. Peterson believed that the cablecasting was needed. Peterson asked Jullie what percentage of the residents had access to cable. Jullie replied approximately 80% of the community had the opportunity available to connect to cable with approximately 50% actually connected. Bentley believed that cablecasting could be an excellent tool in improving the communication with the residents of the City. He stated that the equipment was expensive; however, it could be utilized in other areas. Bentley believed that it should be kept in the budget. Pidcock believed that the only benefit would be to shut- ins. She commented that she had received negative responses to the expense involved in providing the service. Harris stated that she would feel more comfortable if there was more of a demand. City Council Minutes 25 October 4, 1988 Petercen stated that the cablecasting would be an effective means of communicating with the residents. Peterson believed that the residents would like to know what goes on at the Council meetings. Peterson stated that he was committed to doing the cablecasting. Anderson stated that the City was moving into the 21st century and that commurication was going in this direction. Anderson believed thdt the capacity as a communication tool was important. Pidcock belicved that the money could be put to bettor use. Bentley complimented Captain Jim Clark on the memo regarding staffing of the police force. MOTION: Bentley moved, seconded by Anderson to adopt Resolution No. 83-230 with the changes that Staff had indicated. Motion carri2d unanimously. Pidcock stated that she approved the Resolution with the exception of the cable TV. 2. Funding Request from Association of Metropolitan Municipalities MOTION: Pidcock moved, seconded by Harris to approve the request from the AMM for funds to develop computer analysis capability of property tax proposals and government aid formulas. Motion carried unanimously. 3. Recommendation of Financial Consultants for the City of Eden Prairie MOTION: Bentley moved, seconded by Harris to recommend that Springsted, Inc. he retained as the City's financial consultant. Pidcock asked Jullie why only two companies had been considered. Jullie replied that those considered were interested in the community and one of the companies had worked with the School District. He said that Springsted's clients included :2veral cities which were in the same mode as Eden Prairie. Metier carried unanimously. City Council Minutes 26 October 4, 1988 C. Report of City Attorney D. .port of DIrector of Planning E. Director of Parks, Recreation & Natural Resources 1. Petition from Residents AIDAl_g Duck Lake Trail to Eliminate a Reition of the NikewayiT!ke Path Lambert stated that the petition from the residents was discussed at the Park, Recreation & Natural Resources Commission meeting last night. He reported that the Commission recommend that the 4' concrete sidewalk be taken out and an 8' bituminous trail be constructed. Anderson believed that the trail needed to be upgraded. He said that currently the trail was narrow and dangerous. MOTION: Anderson moved, seconded by Harris to approve Staff recommendations to install an 8' bituminous trail along Duck Lake Trail between Duck Lake Road and Barberry Lane. Bentley asked Lambert how the sidewalk was originally paid for. Lambert replied that he believed the sidewalk was included as part of the development costs. Bentley said the residents then had actually paid for the sidewalk through assessments. Bentley cautioned the City In areas similar to this one where the residents had already paid for the sidewalk and then the City says now it does not meet the standards. He said that now the City as a whole is paying for the trail in this area. Motion carried unanimously. F. Re,port of Director of Public Works 1. Approve Plans and Specifications and Order Advertisement for Bids. I.C. 52-147, Eden Prairie Road and Pioneer Trail Trunk Watermain Extension Project (Resolution No. 88-217) MOTION: Harris moved, seconded by Pidcock to adopt Resolution No. 88-217. Motion carried unanimously. 2. Prairie View Drive Sod Restoration Dietz reported that the City had purchased sod for th,Li properties along Prairie View Drive which had been discussed at the Special Asses -sment Hearing and that the property owners were to be responsible for the City Council Minutes 27 October 4, 1988 Installation of the sod. Dietz stated that Staff recommended that a minimum S100 credit be given as a credit against the Special Assessment. He said that the credit would increase in $50 increments based on the amount of the sod that had been taken care of. G. Report of Finance Director IX. NEW BUSINESS X. ADJOURNMENT Meeting adjourned at Midnight. CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST January 17, 1989 CONTRACTOR (MULTI-FAMILY & COMM.) PLUMBING Berghorst Plumbing & Heating Burkhardt Plumbing Company Clark Plumbing Coppin Plumbing Crosstown Plumbing, Inc. D. C. Mechanical Wayne Dauwalter Plumbing Donahue Mechanical Leon Duda Plumbing Services Elander Plumbing Co., Inc. H & H Plumbing Hovde Plumbing & Heating Le Vahn Brothers,Inc. Meier Plumbing Mevissen Plumbing Midwestern Mechanical Corporation Minnesota Plumbing & Heating Plumm, Inc. Plymouth Plumbing, Inc. Pokorny Company Robillard Plumbing & Maintenance Thompson Plumbing HEATING & VENTILATING A E R, Inc. Arrow Heating & Cooling Associated Heating, Inc. A. Binder & Son, Inc. Bloomington Heating & Air Conditioning Bostrom Sheet Metal Works, Inc. Burkes Heating & Air Conditioning Burnsville Heating & Air Conditioning C. 0. Carlson Air Conditioning Climate Engineering Company Construction Mechanical Services Del Air Conditioning, Inc. Dependable Heating & Air Conditioning Dronen's Heating & Air Conditioning, Inc. Heating & Cooling Two, Inc. Kleve Heating & Air Conditioning Market Mechanical, Inc. Merit Heating & Air Conditioning Modern Heating & Air Conditioning Narkie Heating & Air Conditioning Yale, Inc. Donahue Mechanical Midwestern Mechanical Minnesota Plumbing & Heating Barbarossa and Sons, Inc. Cirks Construction, Inc. Bendzick Builders Du-All Service, Inc. Elder-Jones, Inc. HMH Enterprises, Inc. Johnson Beck Construction Knutson Construction Co. D. J. Kranz Co., Inc. Mangos Grill, Inc. Sheehy Construction Co. Steenberg-Henkel Construction Vantage Companies CONTRACTOR (I & 2 FAMILY) Americana Development Corp Anderson, Soderman, Inc. Barnett Builders Builder One of Minn., Inc. Timothy Buroker George R. Butler Const. Butler Housing Corp. Mark Charles, Inc. Custom Homes Realty & Builders Danny's Construction Co., Inc. Durst & Gans Construction, Inc. Findell Cement, Inc. Hipp's Construction Co. Hirsch Builders M & L Construction George Monson Development Riverview Construction Seasonal Builders, Inc. Rochel Bros., Inc. Sunshine Construction Allan Thomas Homes, Inc. R. A. Ungenman Const. Co. WATER SOFTENER Culligan Water Service Co. Downey Water Conditioning, Inc. Minnesota Plumbing & Heating SEPTIC SYSTEMS Larry's Onsite Septic System Sullivan's Services, Inc. Thompson Plumbing CLERK'S LICENSE APPLICATION LIST page two GAS FITTER Central Air Conditioning & Heating A. Binder & Son, Inc. Bloomington Heating & Air Cond. Burkes Heating & A/C, Inc. Burnsville Heating & Air Cond. Climate Engineering Del Air Conditoning, Inc. Dependable Heating & Air Cond. H & H Plumbing Heating & Cooling Two, Inc. •Kleve Heating & Air Cond. Market Mechanical, Inc. Merit Heating & Air Cond. Midwestern Mechanical Corp. Minnegasco, Inc. Minnesota Plumbing & Heating Plymouth Plumbing, Inc. Thompson Plumbing Yale, Inc. UTILITY INSTALLER Elander Plumbing Co., Inc. Midwestern Mechanical Corp. Sullivan's Services, Inc. Thompson Plumbing REFUSE HAULER Waste Management - Savage 3.2 BEER ON SALE Maxim's Chinese Cuisine, Inc. Pizza Hut, Inc. T. J.'s Restaurant PRIVATE KENNEL Ken Kunstmann CIGARETTE Eden Prairie Grocery Griswold Vending Co. Preserve Rexall Drug W. Gordon Smith Co. Snyder Bros., Inc. Driskill's Super Valu Target Stores of Eden Prairie Tom Thumb Store (Columbine Road) Tom Thumb Store (Dell Road) Twin City Vending TYPE A FOOD Driskill's Super Valu TYPE B FOOD Preserve Rexall Drug W. Gordon Smith Co. Synder Bros., Inc. Target Stroes of Eden Prairie TYPE C FOOD Eden Prairie Grocery Tom Thumb Store (Dell Road) Tom Thumb Store (Columbine Road) 3.2 BEER OFF SALE Eden Prairie Grocery Tom Thumb Store (Dell Road) Tom Thumb Store (Columbine Road) RETAIL CANDY OUTLET Fannie May Candy Shops These licenses have been approved by the department heads responsible fo r licensql activity. Pat Solie Licensing 100 CHANGE ORDER NO. 3 January 4, 1989 Project: Wyndham Knoll Eden Prairie, Minnesota IC. 52-097 RCM Project No. 861013-2 TO: Nodland Construction Company, Inc. You are hereby directed to make the changes noted below in the subject contract. Nature or Change Remove surcharge material on Dell Road and install storm sewer above the in place geotextile filter fabric. Installation of storm sewer should be such that filter fabric is not damaged. Adjustments to Contract Quantities and Costa Add the following quantities and costs to the contract: • Mobilization LS $1,000.00 • Additional Work to Install Storm Sewer TOTAL * See Attachments. Summary of Contract Adjustments LS $3 331 00 $4,331.00 Contract Amount Prior to this Change Order $698,473.00 Net Increase Resulting From this Change Order 4.331,00 Current Contract Amount Including this Change Order $702,804.00 The Above Changes are Approved RCM, INC. CITY OF EDEN PRAIRIE B By Date Thc Above Changes are Acceoted NODLAND CONSTRUCTION COMPANY, INC. By I L' Date —•••••- OMR JORDE* $0. 1 8 88 ism.twoo. TER/AS SOOPPEO VIA COLL. ININMEIIME NODLANC CONSTRUCTION CO, INC cynic 318 Au:). N7.,14( A . MINNESOTA ee SOO fetE1703-91VO IIK.W@Mfg, INVOICE NO. 219-P SOLD TO SHIPPED TO City of Rion Rel Uyndou Knoll; Proj R0. 52-0971 Placing Stern Sewer on Dell Read - Coat Shee t A t t a c h e d 3'031.00 e WM no, P/O03L1.3 **Lou moo 114.16INERS ENVFIDP£ MANUFACTURFAS. INC, • CE E A E O M K Y . • M A M A C A L M LOT 10•1, PninTio Re IAJ kkn all 44"c% sz Qe aiskyci 4-qm 4- —LP 4Alt . Roact,..119 ziwo frt.). a Plat,1 S 4pv._1!1nA •est44 6.1 .114"A Cit y e, fn. • 4, Wosk; \ rctly oc-4. 14-1 pill • akio Otio4 " SCLIN, RUCit_.11 40 Apo_.Jr. e .10 • _P.1.4eur . c 41 °. ° 4Spo 804[11..e.._&,,L Ich.,.__ /0 110 13o tolov Au 3o Lole•In . . .Jo WV Jo L0ttLa .- _ /0 FOR *I*60.. 103 rzomAr4o CONSTRUCTION CO, INC • 80X 938 ALEXANDRIA. MINNESOTA caste ustarres•ste. SOLO TO U1KIWOOgiE INVOICE NO. 219.41 SHIPPED TO *Men Prsirie, MN OATS 1 8 88 tOUANTITY 011055 NO. . SALELMAN MIND SINPIDD VIA . 'io-fpFipr.:74: PPD. COLL Ai/tOU, $1,000A ; , 2.:... - - .-::.e ..... ' ' :4DEscsso.i!orsii:. 11 Re; kyndom Knolls Proj No.', $27.0971 Extra WIWI in On Dell Road- Kegt.End Extra Cost to move all equipment book onto projegt • - • is W. NO. MONA LOY AM. MPILADLII RCM IMMASS UNELOK 1/A/AFACTIMEM. M. • OUR AUK m.v. *IMA M % C A M PIIINTtO IN U Dun ne. Conmmm CHANGE ORDER Date of Issuance Sentember 26, 1988 No 3 PROJECT: Hidden Glen 3rd Addition (I.C. 52-102) and Wyndham Crest (I.C. 52-129) OWNER: (Name. Address) City of Eden Prairie 7600 Executive Drive Eden Prairie, MN 55344-2499 CONTRACTOR: Nodland Construction Co., Inc. Box 338 Alexandria, MN 56308 ENGINEER: Rieke Carroll Muller Assoc., Inc. CONTRACTFOR: Sanitary Sewer, Storm Sewer, Watermain and Street Improvements for 871013-3 Hidden Glen 3rd Addition ENGINEER's Project No You are directed to make the following changes in the Contract Documents. Description: Construct drainage pond, wooden baffle fence, install Class II riprap and install 6-inch plastic drain pipe. Purpose of Change Order: Change in Contract Price. Attachments: 1. Bid Proposal letter from Don Eve and Sons to Mr. Don Patton. 2. Drainage Pond Drawings: Sheets 1 and 2. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIME: OriginalContractPrMe $ 793,512.00 Contract Time for I.C. 52-102 and I.C. 52-129 is unchanged by this Change Order. Previous Change Orders Change Order No. 1 - $166,956.00 (IC 52-1P9) Change Order No. 2 - $ 11,409.00 Contract Price prior to this Change Order $ 971,877.00 Net Increase (klia.tiLltli) of this Change Order 5,290.00 Contract Price with all approved Change Orders 977,167.00 RECOMMENDED: APPROVED: APPROVED: by by ()%ncr EJCDC No. I910-8-B ((983 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General C o n t r a c t o r s o f America. IT Sherwin Williams CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 54-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM O N E ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF L A N D IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 1 1 . 9 9 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 m a d e 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 Commercial Regional Serv i c e 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 t h e Commercial Regional Service District, and the legal descriptions of land in ea c h District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B , shall be, and are amended accordingly. Section 4. City Code Chapter I, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" a n d Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in the 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 December 12, 1988, entered i n t o between Sherwin-Williams Company and the City of Eden Prairie, and that ce r t a i n Owner's Supplement to Developer's Agreement, between Menard, Inc., and the Ci t y o f Eden Prairie, dated as of December 28, 1988, which Agreement and Owner's Supple m e n t 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 15th day of November, 1988, and finally read and adopted and ord e r e d published at a regular meeting of the City Council of said City on the 17th d a y o f January, 1989. ATTEST: John D. Frame, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of D E C - I4ED 14 1.1 I t-4 t•4 C L_ (-4 R t_ 1.1 F:7 E Exhibit A Legal Description Outlot C, MENARD'S 4TH ADDITION, Hennepin County, Minnesota. /91 DEC- 7-0.3 IA D 14 JIT-1p1 C L_ t'A F L.F.EF1 P 02 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of ACE/via:2i-- /2- , 1988, by Sherwin-Williams Company, an Ohio corporation, hereinafter referred to as *Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied to City for Zoning District Change from Rural to Commercial Regional Service on 0.968 acre and Preliminary Plat of 0.968 acre into one lot for construction of a 7,020 sq. ft. retail paint store, 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 #54-88, 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 November 10, 1988, reviewed and approved by the City Council on November 14, 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 of the final plat by the City, Developer agrees to apply for and obtain a variance for rear yard setback from the Board of Appeals. 4. Prior to release of the final plat for the property, Developer shall submit to the City, and obtain the City's approval of, executed cross-access easements which allow for access to Plaza Drive for the property from established access to Plaza Drive through the Menard's parcel to the north. 1)7 DEC- WED 14:36. WIRTPNEW l_PSEW P. 0 5. 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. Said plans shall include appropriate utility easements for the proposed utility extensions to 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. 6. Developer shall notify the City and the Watershed District 48 hours prior to any grading, tree removal, or tree cutting on the property. 7. 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. Samples of the exterior building materials to be implemented on the property, including the textures, colors, and styles of said materials. B. An overall lighting plan, including size, color, and style of lighting standards to be implemented on the property. C. An overall signage plan, including size, color, and style of lettering, to be implemented 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. 8. Prior to issuance of any permit for building on the property, -Developer agrees to submit to the Board of Appeals and to obtain the Board's for a variance from Chapter 11 of the City Code for minimum rear yard setback as depicted in Exhibit B, attached hereto. Sherwin Williams OWNERS SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN SHERWIN WILLIAMS AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of 0.10,e.c._ , 1988, by and between Menard Inc., a Wisconsin corporation, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Ordinance 154-88 changing the zoning of the property owned by Owner from the Rural District to the Commercial Regional Service District, as more fully described in that certain Developer's Agreement entered into as of PEcAliiVert /7— , 1988, by and between Sherwin Williams and City, Owner agrees with the City as follows: 1. If Sherwin Williams fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owner, 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 N'Peterson, Mayor Sherwin-Williams CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 88-289 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 54-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 54-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of January, 1989; 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. 54-88, 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 bciy type no smaller than non-pareil, or six-point type, as defined in Minn. Stat. sec. 331.07. C. Thit 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. 54-88 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 January 17, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Sherwin-Williams CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 54-88 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 along Plaza Drive in front of the Menard's Center, from the Rural District to the Commercial Regional Serv 4 ce 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 , 1989. (A full copy of the text of this Ordinance is available from the City Clerk.) Cardinal Creek 3rd Addition 1988 Revised CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 49-88 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-6.5 District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the RM-6.5 District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. 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. 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 December, 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 17th day of January, 1989. ATTEST: John D. Frane, City Clerk Gary D. Peterson, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Lots I, 6, 7, and 8, Block 2, CARDINAL CREEK 3RD ADDITION, Hennepin County, Minnesota. Cardinal Creek 3rd Addition 1988 Revision CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-09 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 49-88 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 49-88 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of January, 1989; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance No. 49-88, 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 non-pareil, or six-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 49-88 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 January 17, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk Cardinal Creek 3rd Addition 1988 Revision CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 49-88 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 at 6801-05, 6855-59 and 6887-91 Stonewood Court, from the RM-6.5 District to the R1-13.5 District, subject to the terms and conditions of a developer's agreement. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /s/John D. Frane /s/Gary D. Peterson City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of • 1989. (A full copy of the text of this Ordinance is available from the City Clerk.) Eden Creek CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 89-13 A RESOLUTION DENYING SECOND READING OF ORDINANCE #32-88 FOR THE PROPOSED CRESCENT RIDGE DEVELOPMENT WHEREAS, Ordinance No. 32-88, authorizing first reading of a rezoning of property for the proposed Crescent Ridge development, did receive first reading by the City Council at a regular meeting on August 9, 1988; and; WHEREAS, proponents for the development of Eden Creek by JMS Equities has not, since that date, completed the necessary steps for finalizing the development as was reviewed by the City at the time of first reading; and, WHEREAS, the owners of the property, Raymond and Edith Stodola, husband and wife, have requested that the development proposal for Eden Creek by JMS Equities on their property be withdrawn at this time, and, therefore, that the zoning remain as Rural on their property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that second reading of Ordinance #32-88 is hereby denied and that the attendant requests for Comprehensive Guide Plan Change from Public Open Space to Low Density Residential on 1.9 acres and Preliminary Plat of 6.6 acres, are also hereby denied. ADOPTED by the City Council on January 17, 1989. Gary D. Peterson, Mayor ATTEST: John D. Frane, City Clerk !"7 MEMO TO: FROM: THROUGH: DATE: RE: Mayor and City Council Jean Johnson, Zoning Administrator Chris Enger, Director of Planning January 10, 1989 Outside Recreational Vehicle Storage Ordinance #22-88, Revised January, 1989 In the packet for the public hearing is Ordinance #22-88. The ordinance, revised January, 1989, outlines setback and location regulations for outside storing of recreational vehicles regardless of the vehicle's height. This revision, plus item F, page 3, are in response to Planning Commission input and as per the Council's December 13, 1988 meeting. Since the December Council meeting, no new letters from residents have been received. Interested residents have been notified of the January 17, 1989, public hearing before the Council. (List contains 31 names.) P P STREET City Code Defined Yard Areas Rev. 1-89 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 22-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMEND I N G CITY CODE CHAPTER 11 ENTITLED "LAND USE REGULATIONS (ZONIN G ) " B Y (1) ADDING THE DEFINITION OF RECREATIONAL VEHICLE, AND (2) A D D I N G A NEW SECTION REGULATING OUTSIDE RECREATIONAL VEHICLE PARKI N G A N D STORAGE IN ALL ONE-FAMILY RESIDENTIAL DISTRICTS AND ALL MULTI-FAMILY RESIDENTIAL DISTRICTS, AND ADOPTING BY REFEREN C E CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER TH I N G S , CONTAIN PENALTY PROVISIONS: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, OR D A I N S : Section 1. City Code Section 11.02 entitled "Definitions" is hereby amended by adding paragraph 38a which shall read a s follows: (38a. "Recreational Vehicle" - Any trailer, watercraft, snowmobile, pull camper, all terrain vehicle, motorhome, travel trailer or tent trailer, or other similar vehicle. A recreational vehicle upon a trailer shall constitute one recreational vehicle.) Section 2. City Code Section 11.03, Subd. 3.J., entitled "Outside Storage and Displays" is hereby amended by adding subsection 3 to read as follows: 13. The parking or storing of recreational vehicles outsi d e of an enclosed building or structure in all One-Family Residential Districts and all Multi-Family Residential Dist r i c t s is prohibited, except as hereafter provided. -1- IJ (a) No more than 2 recreational vehicles may be stored or parked outside upon a lot. (b) Recreational vehicles may be parked or stored on, (i) that part of a front yard of a lot occupied by a driveway, provided no part of a recreational vehicle may be closer than 15 feet from the traveled portion of a street, (ii) that part of a side or rear yard of a lot not situated within 10 feet of a lot line, or (iii) that part i a side yard within 10 feet of a lot line which (a) abuts a front yard, (b) is occupied by a driveway, and (c) is not within 15 feet of the traveled portion of a street. (c) Recreational vehicles parked or stored outside for a period in excess of 14 days must be owned by a person residing on the lot. (d) All recreational vehicles parked or stored outside must be in a safe, operable condition and exhibit current license or registration plates or tags if the vehicle is one for which a license or registration plate or tag is required by law for its operation. (e) No recreational vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored in a One-Family Residential District or a Multi-Family Residential District.] -2- (f) A recreational vehicle must not be parked or stored over or upon a bikeway, pathway, or sidewalk. Section 3. 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 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of January , 1989 , and finally read and adopted and ordered published at a regular meeting of the City Council of said City of the day of , 1989. ATTEST: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1989. -3- JANUARY 17,1989 48182 EAGLE WINE CO WINE 48183 GRIGGS COOPER & CO INC LIQUOR 48184 JOHNSON BROS WHOLESALE LIQUOR LIOUOR 48185 ED PHILLIPS & SONS CO WINE 8186 QUALITY WINE & SPIRITS CO LIQUOR 48187 THE WINE COMPANY WINE 48188 PRIOR WINE CO WINE 48189 ROD MACRAE EXPENSES-OUTDOOR CENTER 48190 MOHAWK BUSINESS RECORD STORAGE OFFICE SUPPLIES-POLICE DEPT 48191 NATIONAL RECREATION & PARK ASSOCI BOOK-FITNESS CLASSES 48192 TRIARCO ARTS & CRAFTS INC GAMES/CRAFT SUPPLIES-PRESCHOOL PLAYGROUND 48193 ROGER BADENHOP REFUND-SWIMMING LESSONS 48194 BUTLER PAPER COMPANY XEROX PAPER-CITY HALL 48195 DAVID P FISCHER REFUND-BROOMBALL LEAGUE FEE 48196 RICHARD R JOOS REFUND-BOOT HOCKEY LEAGUE FEE 48197 KAHLER HOTEL CONFERENCE-POLICE DEPT 48198 LENNICE KEEFE REFUND-SWIMMING LESSONS 48199 DEBRA MARSTON REFUND-SWIMMING LESSONS 48200 MINNEGASCO SERVICE 48201 MEGAN MONSON REFUND-SWIMMING LESSONS 48202 PETTY CASH EXPENSES-CITY HALL 48203 PETTY CASH-COMMUNITY CENTER EXPENSES-COMMUNITY CENTER 48204 PETTY CASH-POLICE DEPT EXPENSES-POLICE DEPT 48205 DIANE REITZ REFUND-SWIMMING LESSONS 48206 SENSIBLE LAND USE COALITION CONFERENCE-PLANNING DEPT 48207 DAVID STEVENSON REFUND-BOOT HOCKEY LEAGUE FEE 48208 SUPPLIES 7 HI ENTER INC JANUARY 89 RENT-LIQUOR STORE 48209 U S WEST COMMUNICATIONS SERVICE 48210 UNIVERSITY OF MINNESOTA CONFERENCE-BUILDING DEPT 1211 UNIVERSITY OF MINNESOTA CONFERENCE-POLICE DEPT J212 MN RECREATION & PARK ASSOC TEAM REGISTRATIONS-ORGANIZED ATHLETICS 48213 JOHN FRANC DECEMBER 88 EXPENSES-FINANCE DEPT 48214 STATE OF MINNESOTA CODE BOOKS-BUILDING DEPT 48215 STEVE BROWN REFUND-RACQUETBALL LEAGUE 48216 LAURA & JIM BUTLER REFUND-CROSS COUNTRY SKIING 48217 BETH DEUHS REFUND-SWIMMING LESSONS 48218 BILL HEVER REFUND-SKI TRIP 48219 SHEILA HORMANN REFUND-ADVANCED LIFE SAVING 48220 MICHAEL MAX REFUND-ADULT MEMBERSHIP FEE 48221 LINDA MAC DONALD REFUND-CROSS COUNTRY SKI LESSONS 48222 MN ASSOC OF ASSESSING OFFICERS 1989 DUES-ASSESSING DEPT 48223 JEFFREY MOODY REFUND-RACQUETBALL LEAGUE 48224 DUSTIN POPPENDIECK REFUND-ADVANCED LIFE SAVING 48225 LETICIA REPPSHUN REFUND-EXERCISE CLASS 48226 TERRY RISSER REFUND-ADVANCED LIFE SAVING 48227 BROWN & CRIS INC SERVICE-BENNETT PLACE & BLOSSOM ROAD 48228 KILLMER ELECTRIC COMPANY INC -SERVICE-PRAIRIE CENTER DRIVE TRAFFIC SIGNALS 48229 NODLAND CONSTRUCTION COMPANY SERVICE-WYNDHAM KNOLL 48230 SHAW-LUNDOUIST ASSOC INC SERVICE-WATER TREATMENT PLANT EXPANSION 48231 AAA STRIPING SERVICE INC -STREET MARKING-VALLEY VIEW RD/INDIAN CHIEF ROAD 48232 A B DICK CO XEROX PAPER-CITY HALL 48233 AARONS INSTALL RAIN GUTTERS-COMMUNITY CENTER 4 S234 ACE CHEMICAL PRODUCTS INC CLEANING SUPPLIES- PUBLIC WORKS BLDG z4093305 1777.52 5959.62 5809.52 5721.49 6051.92 131.00 1614.04 74.92 63.95 18.50 197.18 24.00 745.78 25.00 40.00 161.70 14.00 18.25 9.55 20.00 63.34 23.33 19.49 17.00 30.00 40.00 4861.86 50.92 990.00 130.00 1133.00 200.00 140.00 5.00 10.00 20.00 13.00 92.00 22.50 8.00 375.00 2.00 46.00 21.00 46.00 9225.36 130327.65 38947.11 24431.00 340.80 181.00 524.50 119.25 JANUARY 17,1989 48235 ACRO-MINNESOTA INC -OFFICE SUPPLIES-CITY HALL/FILE CABINET- COMMUNITY CENTER 48236 ALASKAN AIR CONDITIONING INC ICE ARENA REPAIRS-COMMUNITY CENTER '8237 ALEXANDER BATTERY NORTH PAGER BATTERIES-POLICE DEPT 8238 RAY ALLEN MFG CO INC CANINE SUPPLIES-POLICE DEPT 48239 AMERI-STAR LIGHTING LIGHT BULBS-PUBLIC WORKS BLDG/PARK MAINT 48240 AMERICAN LINEN SUPPLY CO UNIFORMS-WATER DEPT 48241 AMERICAN RED CROSS LIFESAVING SUPPLIES-POOL LESSONS 48242 AMERICAN NATIONAL BANK BOND PAYMENT 48243 AMERICAN WATER WORKS ASSOC BOOKS-WATER DEPT 48244 ANDERSON'S GARDEN EXPENSES-FIRE DEPT 48245 SCOTT ANDERSON REFUND-OVERPAYMENT UTILITY BILLING 48246 AQUATROL CORPORATION WELL CONTROLS-WATER DEPT 48247 ARMOR SECURITY INC -LOCK INSTALLATION/KEYS-PARK MAINT/FIRE BUILDING/COMMUNITY CENTER 48248 ASSOC OF METROPOLITAN MUNICIPALIT 1989 MEMBERSHIP DUES 48249 BARTON ASCHMAN ASSOCIATES INC -SERVICE-EDEN PRAIRIE COMPREHENSIVE PARK & RECREATION PLAN 48250 BATTERY & TIRE WAREHOUSE INC -WIRE/BATTERIES/HOSE CLAMPS/WINDSHIELD WASHER FLUID-EQUIPMENT MAINTENANCE 48251 11 1 JANUARY 89 WASTE DISPOSAL-PARK MAINTENANCE 48252 111 11 SERVICE-WATER TREATMENT PLANT EXPANSION 48253 11 111 EXPENSES-POLICE DEPT 48254 11 1 1111 NOVEMBER 88 ANIMAL IMPOUND SERVICE 48255 1111 111 -MINUTES-PARKS RECREATION & NATURAL RESOURCES COMMISSION 48256 BOYUM EQUIPMENT INC -4 WHEEL DRIVE TRACTOR & SNOWBLOWER-PARK MAINTENANCE 48257 BOYER FORD TRUCKS INC FUEL SENDER/CIRCUITS/CAP-EQUIPMENT MAINT 258 BRAUN ENS TESTING INC -SERVICE-HOMEWARD HILLS RD/GOLDEN TRIANGLE DRIVE/BENNETT PLACE & BLOSSOM ROAD 48259 BSN CORP 6 TENNIS NETS-$519.00/STRAP-PARK MAINT 48260 BUSINESS CREDIT LEASING INC FEBRUARY 89 COPIER RENTAL-FIRE DEPT 48261 C & N W TRANSP CO 89 STORM SEWER RENTAL AGREEMENT 48262 CARDARELLE & ASSOCIATES INC SERVICE-RILEY LAKE LAWCON PROJECT 48263 CARGILL SALT DIVISION SALT-SNOW & ICE CONTROL 48264 CARLSON & CARLSON ASSOC EMPLOYEE ASSISTANCE-HUMAN RESOURCES 48265 CARVER COUNTY TREASURER -SERVICE-HWY 212 ENVIRONMENTAL IMPACT STATEMENTS & STUDY REPORT 48266 CHANHASSEN LAWN & SPORTS SPRING-FORESTRY DEPT 48267 CONTACT MOBILE COMMUNICATIONS INC -BATTERIES/RADIO REPAIR-WATER DEPT/POLICE 1182.24 1772.37 52.00 126.11 276.30 235.32 140.25 279502.59 168.58 20.00 154.30 504.14 173.50 3273.00 1971.44 509.61 278.00 1663.00 9.00 442.50 32.24 42682.00 137.32 2699.80 597.30 182.75 60.00 5301.25 4388.47 1417.50 2954.67 6.95 202.00 DEPT/EQUIPMENT MAINTENANCE OFFICE SUPPLIES-ENGINEERING DEPT RUBBER STAMPS-FORESTRY DEPT/LIQUOR STORES QUICKLIME-WATER DEPT DECEMBER 88 EXPENSES-LIQUOR STORE -CLEANING SUPPL1ES/VACUUM-$495.00-WATER DEPT VALVE/PIPE-WATER DEPT JANUARY 89 SERVICE -FEBRUARY 89 COPIER INSTALLMENT PAYMENT- POLICE DEPT DECEMBER 88 EXPENSES-ENGINEERING DEPT DIVING INSTRUCTOR/FEES PAID 48268 COPY EQUIPMENT INC 48269 CROWN MARKING INC 48270 VOID OUT CHECK 48271 CUTLER-MAGNER COMPANY 48272 WARD F DAHLBERG 48273 DALCO 48274 DATA INDUSTRIAL 48275 DECORATIVE DESIGNS 48276 DIAMOND ACCEPTANCE 48277 EUGENE DIETZ '9 278 BILL DOLNY 732.00 207.20 0.00 1685.02 80.00 536.25 118.86 49.50 300.00 201.50 60.00 35708683 JANUARY 17,1989 48279 DOMINOS PIZZA EXPENSES-SPECIAL EVENTS 48280 PAULA DUNNUM AEROBICS INSTRUCTOR/FEES PAID 48281 THE ECONOMICS PRESS INC SUBSCRIPTION-ADMINISTRATION 9282 ELK RIVER CONCRETE PRODUCTS CULVERT-DRAINAGE CONTROL 8283 DON EVE & SONS HAY BALES-PARK MAINTENANCE 48284 ESS BROTHERS & SONS INC GRATE-DRAINAGE CONTROL 48285 EXPRESS MESSENGER POSTAGE-PLANNING DEPT 48286 FACILITY SYSTEMS INC SERVICE-FINANCE DEPT 48287 FEED RITE CONTROLS INC CHEMICALS-WATER DEPT 48288 FLOYD SECURITY -1ST QUARTER 89 SECURITY SYSTEM-LIQUOR STORE 48289 FOUR STAR BAR & RESTAURANT SUPPLY SUPPLIES-LIQUOR STORES 48290 G & K SERVICES -COVERALLS/TOWELS-WATER DEPT/PARK MAINT/ LIQUOR STORE 48291 GENERAL MACHINING INC SNOW PLOW SHAFTS-EQUIPMENT MAINTENANCE 48292 GENERAL OFFICE PRODUCTS COMPANY COMPUTER PAPER-CITY HALL 48293 GOPHER MATS-POOL LESSONS 48294 GOODYEAR COMMERCIAL TIRE & SERVIC TIRES-EQUIPMENT MAINTENANCE 48295 GOVERNMENT TRAINING SERVICE SCHOOL-POLICE DEPT 48296 W W GRAINGER INC SHELF BIN/BATTERY-PARK MAINTENANCE 48297 GREENTREE GRAPHIC PRODUCTS 132 SWEATSUITS-FIRE DEPT 48298 VOID OUT CHECK 48299 GUNNAR ELECTRIC CO INC WARMING HOUSE HEATER REPAIR-PARK MAINT 48300 GUNS & AMMO SUBSCRIPTION-POLICE DEPT 48301 C F HAGLIN & SONS CO SERVICE-COMMUNITY CENTER REPAIR 48302 HALE COMPANY INC GAS PUMP REPAIR & PARTS-EQUIPMENT MAINT 48303 HARDR1VES INC LIMESTONE-STREET MAINT/PARK MAINT 48304 HENNEPIN CTY TREASURER POSTAGE-VOTER REGISTRATION VERIFICATIONS 48305 HENNEPIN COUNTY TREASURER FILING FEE-PLANNING DEPT ( 306 D C HEY COMPANY INC -MAINTENANCE AGREEMENT-FIRE DEPT/CITY HALL TONER-PUBLIC WORKS BLDG 48307 STEVE HIEMBUCH REFUND-OVERPAYMENT UTILITY BILLING 48308 HOFFERS INC PAINT THINNER-PARK MAINTENANCE 48309 HOLMSTEN ICE RINKS INC -RIVETS/SHAFT SEAL KIT/SHAFT SEAL COVER/ GASKET/SOLVENT-ICE ARENA-COMMUNITY CENTER 48310 HONEYWELL INC -4TH QUARTER 88 PROCESS CONTROLS MAINTENANCE AGREEMENT-WATER DEPT 48311 HONEYWELL PROTECTION SERVICES -1ST QUARTER 89 SECURITY SYSTEM-LIQUOR STORE 48312 HUDSON MAP COMPANY MAPS-WATER DEPT 48313 IACP BOOK-POLICE DEPT 48314 IBM CORPORATION -FEBRUARY 89 MAINTENANCE AGREEMENT-CITY HALL 48315 IBM EQUIPMENT REPAIR-CITY HALL 48316 INDEPENDENT SCHOOL GIST M272 ROOM RENTAL-POLICE DEPT 48317 INDUSTRIAL LIGHTING SUPPLY INC LIGHT BULBS/BULB CHANGER-WATER DEPT 48318 ISS INTER SERVICE SYSTEM JANITORIAL SUPPLIES-CITY HALL 48319 J & R RADIATOR CORP RADIATOR REPAIR-EQUIPMENT MAINTENANCE 48320 MICHAEL W JACOUES MILEAGE-LIQUOR STORE 48321 F F JEDLICKI INC -BACKHOE RENTAL & OPERATOR-DRAINAGE CONTROL/JULY 87 STORM DAMAGE 48322 JM OFFICE PRODUCTS INC -OFFICE SUPPLIES-WATER DEPT/FIRE DEPT/PARK -MAINT/CITY HALL/BOOKCASE-$396.20/DESK- $623.70-FIRE DEPT -1 323 LEAGUE OF MINNESOTA CITIES CONFERENCE-COUNCIL 2476739 15.00 150.00 117.99 330.06 75.00 65.00 11.70 10.00 4232.40 376.00 727.43 503.28 267.00 87.50 53.42 199.72 800.00 91.03 1601.15 0.00 110.70 11.97 3000.00 810.99 552.97 197.85 704.00 156.50 41.19 24.00 373.96 3723.00 416.33 28.25 24.50 424.32 141.25 90.00 142.35 36.46 174.15 10.00 2490.00 1653.97 55.00 JANUARY 17,1989 -PAINT & REPAIR '85 GMC TRUCK/'83 CHEV 501.46 PICKUP-EQUIPMENT MAINTENANCE NOVEMBER 88 SERVICE 5775.23 -PLIERS/WRENCHES/RATCHETS/SCREWDRIVERS/ 260.46 -HAMMERS/FILES/CHISELS/HYDRAULIC SEALANT- STREET MAINTENANCE -3 MAIN BROOMS FOR STREET SWEEPER-$702.00/ 1509.50 10 GUTTER BROOMS-$807.50-EQUIPMENT MAINT LABELS-BUILDING DEPT 160.00 REFUND-OVERPAYMENT UTILITY BILLING 139.65 -EXPENSES-CITY HALL/POLICE DEPT/FIRE DEPT/ 140.96 -HISTORICAL & CULTURAL COMMISSION/SENIOR CENTER/CABLE TV OXYGEN-FIRE DEPT 43.95 -REPLACE SWITCH PADDLES ON POOL BOILER/ 1312.92 -REPAIR PUMP & WATER HEATER-COMMUNITY CENTER WATER MAIN LOCATOR STRAP-WATER DEPT 25.50 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 309.11 OFFICE SUPPLIES-ENGINEERING DEPT 73.81 -JANUARY 89 PAGER SERVICE-SEWER DEPT/WATER 128.50 DEPT/FIRE DEPT -UNIFORMS/EXTINQUISHERS/EXTINOUISHER 1886.30 RECHARGING/0 RINGS/VALVES/PINS-FIRE DEPT DUES-FIRE DEPT 115.00 TIRE REPAIR-COMMUNITY CENTER 15.50 FILM-ASSESSING DEPT 290.94 1989 MEMBERSHIP DUES 741.00 AWARD PLAQUES-ORGANIZED ATHLETICS 140.00 EXPENSES-POLICE DEPT 39.00 REFUND-OVERPAYMENT UTILITY BILLING 84.83 CONCESSION STAND SUPPLIES-COMMUNITY CENTER 175.25 MILEAGE-COMMUNITY CENTER 14,75 FILM DEVELOPING-PLANNING DEPT 117.50 SLUDGE DRAIN VALVE-WATER DEPT 374.35 -INSTALL 4 RECEPTACLES/REPLACE BALLAST/ 260.35 RELOCATE RECEPTACLE-POLICE BUILDING PAINT THINNER/PAINT/SHOVELS/CONNECTOR/ 143.23 RULER/FLASHLIGHTS/BATTERIES/KEYS-CITY HALL 48.97 -KEYS/KEY RINGS/BUCKET/DRAWER ORGANIZERS/ 86.67 -ELECTRIC PLUG/VACUUM BELTS/HOSE CLAMP/ -WASHERS/NOZZLE/DUCT TAPE/BROOM HANDLE/ SCREWS-COMMUNITY CENTER -UTILITY KNIFE/CONNECTOR/DRAIN OPENER- 8.88 LIQUOR STORE -STAPLES/STAPLE GUN/SCREWS/BUCKET/KEYS/ 307.27 -HINGES/BOLTS/ANCHORS/SIGN/HOOKS/BROOM/ -NOZZLE/DRILL BIT/PAINT/CAULKING/GAS CAN -SPOUTS/MOP HEADS/PIPE INSULATION/LIGHT BULBS/DUCT TAPE-PARK MAINTENANCE -COPPER TUBING/DRAIN VALVES/PIPE/TUBE -CUTTERS/BRUSHES/RUBBER HOSE/SPRAY PAINT LETTERS/HAMMER-SEWER DEPT -CONDUIT/RECEPTACLES/ELECTRIC BOX/PIPE/ 304.66 -CONNECTORS/MASKING TAPE/BRUSHES/PAPER -PLATES/PAINT/DUCT TAPE/KEYS/SPRAY PAINT/ 413324 LESMANN ENTERPRISES INC 48325 LOGIS 9326 M & I INDUSTRIAL SUPPLY INC 48327 MACQUEEN EQUIPMENT INC 48328 MASTER CRAFT LABELS INC 48329 MARY MC CONVILLE 48330 MCGLYNN BAKERIES INC 48331 MEDICAL OXYGEN & EQUIP CO 48332 METROPOLITAN MECHANICAL CONTRACTO 48333 METROTECH 48334 MIDLAND PRODUCTS CO 48335 MINNESOTA BLUEPRINT 48336 MINNESOTA COMMUNICATIONS CORP 48337 MN CONWAY FIRE & SAFETY 48338 MN STATE FIRE CHIEFS ASSN 48339 MODERN TIRE CO 48340 NATIONAL CAMERA EXCHANGE 48341 NATIONAL LEAGUE OF CITIES 48342 BUD OLSON AWARDS 343 ROBERT OLSON J344 PATRICIA OSBORNE 48345 PEPSI COLA COMPANY 48346 CONNIE L PETERS 48347 PHOTOS INC 48348 PLANT EQUIPMENT INC 48349 PRAIRIE ELECTRIC COMPANY INC 48350 PRAIRIE HARDWARE 48351 PRAIRIE HARDWARE 48352 PRAIRIE HARDWARE 48353 PRAIRIE HARDWARE 48354 PRAIRIE HARDWARE 48355 PRAIRIE HARDWARE 48356 PRAIRIE HARDWARE 58.28 1559378 MAILBOX/HINGE-STREET DEPT 48357 PRAIRIE HARDWARE -HOOKS/ROLLERS/DRAIN VALVE/PLUGS/BATTERIES -BRASS NOZZLE/TAPE/SHELF/HEATERS/SWITCH/ -COPPER PIPE/SCREWS/THERMOMETERS/NAILS/ INSULATION-WATER DEPT -BELTS/FILTER/EQUIPMENT REPAIR-EQUIPMENT MAINTENANCE/PARK MAINTENANCE 46359 PROTECTIVE SURFACING INC SEAL COATING FLOOR-FIRE STATION 43 48360 PROTOOL VISOR BRACKETS-EQUIPMENT MAINTENANCE 48361 ROAD RESCUE INC FIRST AID RESCUE EQUIPMENT-FIRE DEPT 48362 ROTH DISTRIBUTING COMPANY 2 FREEZERS-FIRE DEPT 48363 RODNEY W RUE BOOK-ENGINEERING DEPT 48364 GENZ RYAN REFUND-OVERPAYMENT PLUMBING PERMIT 48365 SAVOIE SUPPLY CO INC CLEANING SUPPLIES-PUBLIC WORKS BUILDING 48366 SEARS WRENCHES/TAPE/FILE-PARK MAINTENANCE 48367 SETTER LEACH & LINDSTROM INC -SERVICE-COMMUNITY CENTER LITIGATION/ COMMUNITY CENTER REPAIR 48368 SHAKOPEE FORD INC -CONVERTER/TUBE ASSEMBLY/CLAMP-EQUIPMENT MAINTENANCE 48369 SIMPLEX TIME RECORDER CO -REPAIR DOOR SECURITY SYSTEM-COMMUNITY CENTER 48370 SMOKE EATER SUBSCRIPTION-FIRE DEPT 48371 SNAP ON TOOLS CORP -WRENCH RACK/ROLL TOOL CABINET-$1540.O0/ -FILTER WRENCH-EQUIPMENT MAINTENANCE/ SOCKETS-WATER DEPT 48372 SNYDER DRUG STORES INC -LABELS/CRAYONS/PAPER/SPRAYER-COMMUNITY CENTER 48373 SOUTHWEST AUTO SUPPLY INC -FILTERS/FUEL PUMPS/PLUGS/BULBS/GRATE/ -POWER EMISSION/GASKET/ADHESIVE/POWER -CLUTCH/WATER PUMP/TEMPERATURE CONTROL- -WATER DEPT/FIRE DEPT/STREET MAINT/ EQUIPMENT MAINTENANCE 48374 SOUTHWEST TRAILS ASSOC STATE GRANT-SNOWMOBILE TRAILS 48375 SQUARE CUT REPAIR DRAWER-POLICE DEPT 48376 STREICHERS PROFESSIONAL POLICE ED -SIREN & STROBE LIGHT REPAIR/BALLISTIC VEST-POLICE DEPT 48377 SUBURBAN CHEVROLET -BLADE/HEAD GASKET REPAIR/ANTIFREEZE/ -CLUTCH ASSEMBLY/BELT/ELEMENT/GEAR/ -BEARINGS-WATER DEPT/FIRE DEPT/EQUIPMENT MAINTENANCE 48378 TARGET STORES TELEPHONE-CUMMINS GRILL HOUSE 48379 TOM TIMONEY REFUND -OVERPAYMENT UTILITY BILLING 48380 TRIARCO ARTS & CRAFTS INC CRAFT SUPPLIES-SOCIAL EVENTS 48381 TRAFFIC CONTROL CORPORATION TRAFFIC SIGNALS-MAJOR CENTER AREA 48382 TWENTIETH CENTURY PLASTICS OFFICE SUPPLIES-BUILDING DEPT 48383 TWIN CITY OXYGEN CO OXYGEN/ACETYLENE-PARK MAINT/EQUIP MAINT 48384 RIVIERA FINANCIAL SERVICES BATTERIES-SEWER DEPT 48385 VIKING LABORATORIES INC CHEMICALS-POOL-COMMUNITY CENTER 48386 CLAYTON G VNUK -TOOL CHEST BOX-$525.00-SEWER DEPT/PAINT -MIXER-4381.95-WATER DEPT/WRENCHES/PRY BAR -SET/SANDER WHEELS/SOCKET SET/TOOL BOXES/ -SAFETY HOSES-WATER DEPT/EQUIPMENT MAINT/ STREET MAINT 48387 WALDOR PUMP & EQUIPMENT CO LIFT STATION PUMP/PUMP REPAIR-SEWER DEPT t 3358 PRAIRIE LAWN & GARDEN 291.20 60.00 4363.00 27.05 357.53 660.00 31.75 9.60 25.60 60.49 6126.96 570.66 80.00 21.00 1597.60 9.66 817.61 3222.00 70.00 589.63 585.06 14.99 24.00 16.90 39976.00 133.97 56.54 16.80 27.00 1515.00 304.20 6166180 JANUARY 17,1989 48388 WATER PRODUCTS COMPANY SEAL KIT/BRUSH/PIPE WRENCH-WATER DEPT 48389 WELSH CONSTRUCTION REFUND-OVERPAYMENT BUILDING PERMIT 48390 XEROX CORPORATION -NOVEMBER 88 MAINTENANCE AGREEMENT-CITY HALL 48391 YOUNGSTEDTS INC WHEEL ALIGNMENT-EQUIPMENT MAINTENANCE 48392 ZACK'S INDUSTRIAL CLEANING SUPPLI BROOMS-PARK MAINTENANCE 48393 ZEE MEDICAL SERVICE -FIRST AID SUPPLIES-CITY HALL/COMMUNITY CENTER 49394 ZIEGLER INC SNOW PLOW EDGES-EQUIPMENT MAINTENANCE 48395 NORTHDALE CONSTRUCTION CO -SERVICE-MITCHELL/RESEARCH ROAD & WEST 76TH STREET/GOLDEN TRIANGLE DRIVE 48062 VOID OUT CHECK 48080 VOID OUT CHECK 48121 VOID OUT CHECK 48149 VOID OUT CHECK 47897 VOID OUT CHECK 46.85 76.05 94.00 140.00 40.50 134.25 2439.84 18037.65 64.45 - 67.19- 20.50- 466.50- 19589.76- 80074 $700813.59 DISTRIBUTION BY FUNDS 86997.69 1694.75 16953.11 16825.34 2954.67 16399.65 26315.25 140.09 279362.50 238992.32 15280.34 1467.60 -2539.72 10 GENERAL 11 CERTIFICATE OF INDEBT 15 LIQUOR STORE-F V M 17 LIQUOR STORE-PRESERVE 22 STATE AID CONST 31 PARK ACQUIST & DEVELOP 37 UTILITY BOND FUND 44 UTILITY DEBT FUND 45 UTILITY DEBT FD ARB 51 IMPROVEMENT CONST FD 73 WATER FUND 77 SEWER FUND 81 TRUST & ESCROW FUND .t700843.59 .00 MEMORANDUM TO: Mayor and City Council THRU: Natalie Swaggert FROM: Human Rights & Services Commission DATE: January 13, 1989 SUBJECT: No-fault Grievance Process During 1988 the Human Rights & Services Commission established a goal to increase community and business awareness of the No-fault Grievance process. A sub-committee was assigned to develop the communication plan and prepare a general communication in the form of a press release. At the City Council meeting on January 17, 1989 the Human Rights & Services Commission will present an overview of the No-fault communication plan and ask for your permission to proceed . Attached is a copy of the State brochure outlining the No-fault Grievance process and the proposed press release. NJS:bm 8 0 FOR IMMEDIATE RELEASE Kent Barker 937-1454 NO-FAULT GRIEVANCE PROGRAM UNDERWAY The Eden Prairie Human Rights and Services Commission reported to the Eden Prairie City Council details of their role in helping local residents and employees resolve perceived cases of discrimination in age, sex, marital status, handicap, color, creed and other areas defined by Minnesota law. The Council was told that while such concerns might arise in housing, education, public service, credit and other areas, most cases involving alleged discrimination in which commissioners have been asked to help have been employment related. The No-Fault approach is only one of three options available to resolve discrimination issues, but unlike most others, it is often able to do so more quickly and amicabley. It provides a non-judgemental and confidential vehicle to assist parties in identifying, discussing and resolving complaints. Participation in the non-threatening process is voluntary for all participants, including the unpaid volunteer mediator. If resolution is not achieved in a reasonable period, the other options, including filing a discrimination charge with the Minnesota Department of Human Rights remain available. Most cases have been referred from the Minnesota Department of Human Rights which informs a person about their options, including the local No-Fault process. 7ndividuals who contact the City's Human Rights and Services Commission, receive forms to complete and return, and are then contacted by a Commissioner who has been trained in the process. If the circumstances appear to be covered under discrimination rules and the complaining party wishes to 130 14 proceed, the Commissioner contacts the other party to inform them that a problem has arisen and determines if they might also choose to participate in seeking a solution through the No-Fault process. If so, the process begins. Both parties meet together in an attempt to settle the problem to their mutual satisfaction and further agree to keep the information shared during the process confidential. No notes are taken and none of the discussion can become part of any future legal process. At any time - before or during the negotiation - any party wishing to withdraw may do so and the No-Fault process ends. The Eden Prairie Human Rights Commissioners have received formal No- Fault training from the Minnesota Department of Human Rights and are prepared to help resolve problems concerning discrimination for community residents and employers. If you would like further information on the No-Fault process, you may contact the Human Rights and Services Commission by calling the Human Services Department, Eden Prairie City Hall. /308 Memorandum To: Carl J. Jullie, City Manager From: Steven R. Sinell, City Assessor Subject: 1989 Eden Prairie Board of Review Date Date: January 12, 1989 The county assessor, by statute, is required to set the date of the Eden Prairie Board of Review. The county assessor has suggested that the board meet on Thursday April 27, 1989. Minnesota statutes allows 20 days for the board to complete their business, a reconvene date 20 days later would be Tuesday, May 16, 1989. The 1988 Eden Prairie Board of Review met Thursday April 28, 1988 and reconvened 19 days later on Monday, May 16, 1988. I've attached a synopsis of the Local Board of Review Duties from the Minnesota Property Tax Administrators Manual for your review. SRS/akn DATE: 8/88 SECTION: 4120 PACE: 1 LOCAL BOARD OF REVIEW - DUTIES The town board of each town, the council or other gov e r n i n g b o d y o f e a c h c i t y , i s t h e board of review except in cities whose charters provid e for a board of equalization. The county assessor shall fix a day and time when the b o a r d o r t h e b o a r d o f equalization shall meet in the assessment districts of t h e c o u n t y . O n o r b e f o r e February 15 of each year the assessor shall give writte n n o t i c e o f t h e t i m e t o t h e c i t y or town clerk. Notwithstanding the provisions of any c h a r t e r t o t h e c o n t r a r y , t h e meetings must be held between April 1 and May 31 ea c h y e a r . T h e c l e r k s h a l l g i v e published and posted notice of the meeting at least te n d a y s b e f o r e t h e d a t e o f t h e meeting. The board shall meet at the office of the cler k t o r e v i e w t h e a s s e s s m e n t and classification of property in the town or city. No c h a n g e s i n v a l u a t i o n m a y b e made by the county assessor after the board of revie w o r t h e c o u n t y b o a r d o f equalization has adjourned. This restriction does no t a p p l y t o c o r r e c t i o n s o f e r r o r s that are merely clerical or administrative in nature. The board shall determine whether the taxable prop e r t y i n t h e t o w n o r c i t y h a s b e e n properly placed on the list and properly valued by th e a s s e s s o r . I f r e a l o r p e r s o n a l property has been omitted, the board shall place it o n t h e l i s t w i t h i t s m a r k e t v a l u e , and correct the assessment so that each tract or lot o f r e a l p r o p e r t y , a n d e a c h article, parcel, or class of personal property, is enter e d o n t h e a s s e s s m e n t l i s t a t i t s market value. No assessment of the property of any p e r s o n m a y b e r a i s e d u n l e s s t h e person has been duly notified of the intent of the boa r d t o d o s o . O n a p p l i c a t i o n o f any person feeling aggrieved, the board shall review t h e a s s e s s m e n t o r c l a s s i f i c a t i o n , or both, and correct it as appears just. A local board of review may reduce assessments upon p e t i t i o n o f t h e t a x p a y e r b u t t h e total reductions must not reduce the aggregate assess m e n t m a d e b y t h e c o u n t y assessor by more than one percent. If the total reduct i o n s w o u l d l o w e r t h e a g g r e g a t e assessments made by the county assessor by more tha n o n e p e r c e n t , n o n e o f t h e adjustments may be made. The assessor shall correct a n y c l e r i c a l e r r o r s o r d o u b l e assessments discovered by the board of review witho u t r e g a r d t o the one percent limitation. A majority of the members may act at the meeting, and a d j o u r n f r o m d a y t o d a y u n t i l they finish hearing the cases presented. The assessor s h a l l a t t e n d , w i t h t h e assessment books and papers, and take part in the pro c e e d i n g s , b u t m u s t n o t v o t e . T h county assessor shall attend the meetings. The board s h a l l l i s t s e p a r a t e l y , o n a form appended to the assessment book, all omitted propert y a d d e d t o t h e l i s t b y t h e b o a r d and all items of property increased or decreased, with t h e m a r k e t v a l u e o f e a c h i t e m of property, added or changed by the board, placed o p p o s i t e t h e i t e m . T h e c o u n t y assessor shall enter all changes made by the board in t h e a s s e s s m e n t b o o k . SP:100 DATE: 8/88 SECTION: 4120 PAGE: 2 If a person fails to appear in person, by counsel, or by written communication be f o r e the board after being duly notified of the board's intent to raise the assessment o f t h e property, or if a person feeling aggrieved by an assessment or classification fails t o apply for a review of the assessment or classification, the person may not appear before the county board of equalization for a review of the assessment or classification. This paragraph does not apply if an assessment was made after th e board meeting, as provided in Section 273.01, or if the person can establish not having received notice of market value at least five days before the local board of revie w meetig. The board of review or the board of equalization must complete its work and adjo u r n within 20 days from the time of convening stated In the notice of the clerk, unles s a longer period is approved by the Commissioner of Revenue. No action taken afte r that date is valid. All complaints about an assessment or classification, made aft e r (the meeting of the board must be heard and determined by the county board of ;I ualization. A nonresident may, at any time, before the meeting of the board of view file written objections to an assessment or classification with the county assessor. The objections must be presented to the board of review at its meeting b y the county assessor for its consideration. (M.S. 274.01) SP:100