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HomeMy WebLinkAboutCity Council - 03/01/1983DAY, MARCH 1, 1983 COUNCIL MEMBERS: CITY COUNCIL STAFF: EDEN PRAIRIE \CITY COUNCIL AGENDA INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL 7:30 PM, CITY HALL Mayor Wolfgang Penzel, Richard Anderson, Georg ,' Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 18, 1983 (Continued from 2/1/831- III. CONSENT CALENDAR A. Clerk's License List B. Amendment to Grant Aoreement between the Metropolitan Council and the City_ of Eden Prairie, Contract No. 79116 C. 2nd Reading of Ordinance No. 12-62, Approval of Developer's Agreement Tor Sliac57 Oak Aw)co and Adoption of Resolution No 83-39, Approvilig Summary of Ordinance No. 1?-82 and Ordering the Publication of Said Summary for Shady Oa_AmocoTAmoco Oil Station in the SW corner of new Sfiady Oak Road and Crosstown 62. D. 2nd Reading of Ordinance No. 19-82, Approval of Developer's Agreement for Kings Forest by Centurion Company (to be final_platted as Tana rger's Creek), and Adoption or Resolution No. t;3-40. Approving Summary of Ordinance No. 19-22 and CY -dering Publication of Said Summary for Kings Forest. Residential development of 6 detached and 186 attached units west of Baker Road and south of St. John's Woods. E. Change Order No. 5, City Services Project F. Approve plans and specifications and authorize bids to be received for n:2 .royenents in Lorence 1st and 2nd Addition (ibuthwest corner of Valley View Road and Hames Wa3T," I.C. 52-032 (Resolution No. 83-45) G. Set Public Hearing for street name change - Bryant Lane (pame was used for the former llying Cloud Drive between Valley View Road and Shady Oak RoacIfor April 5, 1933 at 7:30 PM. Page 254 Page 255 Page 256 Page 259 Page 271 Page 254 Page 287 City Council Agenda - 2 - Tues.,March 1, 1983 H. Set Public Hearing_ for street nane changes and corrections in Eden View Addition ci-Jest of CSAH 4 and south of Townline Road) for April 5, 1983 at 7:30 PM I. Request for speed survey on W. 78th Street from Flying_coud Drive to Prairie Center Drive and on Flying Cloud Drive from Shady Oak Road to Washington AvenuelTesolution No. 83-367 J. Receive 100Z petition for Improvements in Norman Industrial Park and authorize_preparation of plans and specifications, I.C. 52-048 TResolution No. 83-46) K. Receive petition for Utility Imnrovements for the area adjacent to Shady Oak Road, south of CSAH 62 and authorize the preparation of a feasibility report (Resolution No. 83-47)- L. Set Public Hearing for partial vacation of Kingston Drive for April 5, 1983 at 7:30 PM M. American Red Cross Swim-A-Cross N. Request from Eden Prairie Marching Band IV. PUBLIC HEARINGS A. Peterson Development by Eugene Peterson. Adoption of Resolution No. 83-42, Approving Preliminary Plat of 1.35 acres into two lots. Located east of County Road 1 and State Highway 169/212 intersection and south of Pioneer Trail. Page 288 Page 289 Page 290 Page 292 Page 294 Page 296 Page 297 Page 300 B. American Baptist Hones. Adoption of Resolution No. 83-43, Approving Page 307 Planned Unit Development Development District to include: 1) Amendment of Original Lake Idlewild Planned Unit Development Development Plan; 2) 1st Reading of Ordinance No. 4-83, Approving Rezoning from Rural to Office, with possible variances, on a one-acre site for the Proposed American Baptist Homes Corporate Office Building; 3) Continued Interim Use of Existing American Baptist Homes Building as an Office for 3 Years. Adoption of Resolution No. 83-44, Approving the Preliminary Plat of the one-acre site proposed for American Baptist Hones Office Building. (Resolution No. 83-43, Ordinance No. 4-83, and Resolution No. 83-44) V. EWEN" OF CLAIMS NOS. 6301 - 6511 Page 323 VI. REPORTS OF ADVISORY COMMISSIONS VII. PETITIONS, REQUESTS & COMMUNICATIONS A. Hennepin County Staff presentation regarding the Draft Environmental Impact Statements for the proposed CSAH 62 CrosstowTi) and CSAH 18. VIII. REPORTS OF OFFICERS, ROARDS & COMMISSIONS A. Reports of Council Members B. Report of City_Manager C. Report of City_Attornex City Council Agenda -3 - Tues.,March 1, 1983 D. Report of Director of Community Services 1. Adult Open Skating E. Report of Director of Public Works 1. Award contract for Water Meter purchase (Resolution No. 83-48) IX. NEW BUSINESS X. ADJOURNMENT. Page 327 Page 328 UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JANUARY 18, 1983 COUNCIL MEMBERS: COUNCIL STAFF: INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all members were present 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Franc, Planning Director Chris Enger, Director of Community Servic, Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Shirley Hanson I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were added to the Agenda: IX. A. 2. Petition for Stop Sign; IX. B. 3. Designate a voting deleaate for League of Cities Legislative Action Conference_ on January 26, 1983; and IX. B. 4. Discussion on Lake Ann Interceptor Sewer Construction in Chanhassen. The following item was added to the Consent Calendar as item III. J. Request for a Liquor License for Kabuki Restaurant (for- merly item VIII. A.) MOTION: Bentley moved, seconded by Redpath, to approve the Agenda and Other Items of Business as amended and published. Motion carried unaninmusly. II. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JANUARY 4, 1983 MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of the City Council Meeting held Tuesday, January 4, 1983, as published. Motion carried unanimously. III. CONSENT CALENDAR A. Change Order No. 1, I.C. 51-308A-1, 1-494 Bypass/Grading B. Final Plat approval, Coachmans Landing (west of Hiawatha and south of Village Woods Drive (formerly preliminary plat of Pheasant Oaks 2nd Addition) - Reso- lution No. 83-18 C. 2nd Reading of Ordinance No. 2-82, rezoning from Rural to 81-13.5 and RM 6.5, Approval of Developer's Aoreement for Arbor Glen, and Adoption of Resolution No. 0-13, Approving Summary of Ordinance No. 2-82, and Ordering the Publica- tion of Said Summary for Arbor Glen. 78 residential units in the north- west corner of Valley View and Baker Roads. City Council Minutes -2- January 18, 1983 D. Final Plat approval for Arbor Glen (n.e. corner of Valley View/Baker Road-1-16-so1ution No. 83-17 E. Clerk's License List F. Snowdrifters Snowmobile Club Request (Resolution No. 83-11) G. Request Public Hearing for removal of diseased trees on private property for 2/15/83 H. Authorization for expenditure of Community Development Block Grant Funds for H. O. M. E. Program (-Resolution No. 83-20) I. Approve Plans andlNcifications for Arbor Glen Improvements and authorize bids to be received on March 1, 1983, I.C. 52-037 (Resolution No. 83-21) J. Request for a Liquor License for Kabuki Restaurant (formerly VIII. A.) MOTION: Bentley moved, Redpath seconded, to approve items A - J on the Consent Calendar. Motion carried unanimously. IV. PUBLIC HEARINGS A. Ordinance No. 1-33, relating to the regulation, licensing and use of gambling devices City Manager Jullie explained that an ordinance had been drafted by the City Attorney and follows the general guidelines set forth in State Statutes. This requires that a city adopt such an ordinance if it desires to issue a gambling license. The ordinance limits the gambling activities to certain devices: paddle wheels or tip boards, pull tabs or ticket jars, and apparatus used in conducting raffles. The organizations which may conduct these are spelled out in the ordinance. Jullie further reviewed the other provisions of the ordinancc_ Redpath asked about the licensing provision. City Attorney Pauly stated all licenses granted under Chapter 5 end on December 31 therefore the termination provision of this ordinance calls for the same. Penzel asked what type of fees will be required. Jullie said Bloomington has a $300 annual license fee and charges $32 for a one-day raffle. Penzel asked what type of reporting requirements the City foresees. Finance Director Franc said it is difficult to monitor this type of operation without going in periodically to see what is going on. Penzel asked how much Frane thought it would cost the City to monitor this to make sure the organization is in compliance with the ordinance. Franc said he thought $150 per year, if the City were to do a credible job. Les BricKer, Public Safety Department, spoke to the experiences of other municipalities noting there have been few problems except in bookkeeping. He stated the concerns of public safety are that additional people would be coming into the City and would result in more people drinking and more drunk drivers. This is something which public safety will have to watch. s et City Council Minutes -3- January 18, 1983 Bentley asked Bridger if this had been a problem in other communities. Bridger said no one has kept statistics on this. There have been no signi- ficant problems. These are only the concerns of the Eden Prairie Department of Public Safety. Tangen noted the ordinance has a much broader definition of organizations which might participate in this; the American Legion would not be the only organization which would qualify. Tangen expressed concern about writing an ordinance for one orsanization and opening the door for others. Anderson asked which other cities have ordinances such as this. Jullie said Richfield and Bloomington. Bridger said they are confined to the American Legions and VFW's in those communities. Bob Duveaux, tip board representative, said the cities of Chaska, Shakopee, St. Louis Park, Hopkins, and Savage have gambling available. He went on to say that in those communities the Lions, Elks, Eagles, Moose, Shriners, etc. qualify for the license with the majority of the money going back into the community. Bentley asked how the dissemination of receipts is broken down in the pro- posed ordinance. Pauly said the beneficiaries and purpose of the ordinance are spelled out on page 2 of the ordinance. This section is right out of the State Statutes. Bentley asked if these are the maximum gambling devices permitted under State Statute. Pauly said it is; bingo is a separate authori- zation and is not covered by this ordinance. Redpath said he felt the ordinance covers what the Council would basically want. Penzel disagreed with this. He felt the cost of enforcing this ordinance will be more than has been anticipated. He said the idea of drunks on the road is a disturbing one. He did not see where a provision for a real community benefit had been included. He did not feel he could support the ordinance. Redpath said other cities have allowed this and the organizations in Eden Prairie have a right to this also. Redpath asked Pauly if the City could turn down a license application if the organization did not meet all the provisions of Subdivision 6. Pauly said if the proposed uses of the proceeds were not in the lawful purposes set out in the ordinance that would be grounds for denial. Penzel asked if the ordin- ance set out any lawful purposes. Pauly said broad parameters are set out; the City Council can further define these. Anderson said he has spent a number of years in another community coaching youth. Durinn this time he has always been able to go to the American Legion and VFW for funds (the American Legion baseball program for example.) These organizations, he felt, provide on-going, responsible programs for the community. Tangen said he is less concerned with the alcohol part of the issue. He felt the definitions are somewhat broad. He expressed concern with the paddle wheel device because it is a continuing type game. He said he was also concerned because the use of profits is not spelled out. He indicated he will vote no due to the form of the ordinance. City Council Minutes -4- January 18, 1983 Vern Seck, representing the American Legion, said the profits will be distributed to the following: Eden Prairie Crime Prevention Fund, Eden Prairie Fire Department, Eden Prairie Senior Citizen Center, Eden Prairie Park and Recreation and the remainder of the funds will go the American Legion. The distribution will be 60% to the various organizations and 40% to the Legion. Bentley asked if it would be possible for the ordinance to require that the net proceeds be divided for community betterment on a percentage basis. Pauly said that might be done. Bentley asked how long it would take to get a reading on what the costs would be to appropriately monitor this ordinance. Frane said he thought everyone had a different idea as to what monitoring means. Penzel said he would like to see something in the ordinance which would insure the enforce- ment of the ordinance. MOTION: Bentley moved, seconded by Redpath, to continue the Public Hearing to the first meeting in February, to request City Attorney Pauly to review the Section on "lawful purpose" and redraft that based on the division of net proceeds for the betterment of the community and to tighten the Section regarding organizations covered by the ordinance. Motion carried unanimously. Tangen said he felt the Council was talking about two types of licensing: one being gaining and the other being that sort such as raffles. B. Towers Addition by T. Michael Carmody. Request for PUD District, Review of 6.75 acres, with variances, for medium density residential and single family uses, rezoning from Rural to RM 6.5 for 8 quadraminium buildings and from Rural to R1-13.5 for 2 single family lots and preliminary plat of 6.75 acres for 8 quadraerinium buildings (32 units) and 2 single family lots. Located north of Carmody Drive and east of Mitchell Road. (Resolution No. 83-22 - PUD; Ordinance No. 2-83 - Rezoning; and Resolution No. 83-23 - preliminary plat) City Manager Jul lie stated official notice of this Hearing had been published and adjoining property owners had been notified. Bill Dolan, Meadowood, Inc., Planners and Engineers for the developer, pre- sented the request for PUD District Review. Director of Planning Enger noted the Planning Commission had reviewed this proposal at its December 13, 1982, and December 27, 1982, meetings at which time it recommended approval of the preliminary plat and rezoning subject to the recommendations contained in the December 23, 1982, Staff Report. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its January 17, 1983, meeting at which time it recommended approval subject to the recommendations included in the December 23, 1982, Staff Report. :;;SYc- City Council Minutes -5- January 18, 1983 Anderson asked if the tot lot is to be maintained by the homeowner's association. Lambert said it was. Bentley said he would like to commend the Planning Commission for the work it did on this project. He noted that this shows what can be done when a developer works together with the Staff and the Commission. There were no comments from the audience. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 83-22, approving the development of Planned Unit Development for Towers Addition. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to give 1st Reading to Ordinance 2-83, rezoning from Rural to RM 6.5 and from Rural to R1-13.5. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-23, approving the preliminary plat of the Towers Addition. Motion carried unani- mously. MOTION: Redpath moved, seconded by Tanben, to direct Staff to prepare the Developer's Agreement subject to the recommendations of the Planning Commis- sion, Parks, Recreation & Natural Resources Commission, and Staff Report of December 23, 1982. Motion carried unanimously. C. MICRO-ED, NC. Request for Interim Use of 0.67 acres of property zoned as Rural for Office Use. Located at 8108 Eden Road -- the southwest quadrant of the intersection of Singletree Lane and Eden Road, south of Lake Idlewild. City Manager Jullie noted that official notice of this Public Hearing had been published and notices had been mailed to property owners within the project vicinity. George Esbensen, Business Manager for MICRO-Ed, INC. was present to answer questions. Also present was Thorwald Esbensen, owner of the business. Director of Planning Enger said the Planning Commission had reviewed the proposal at its December 27, 1982, meeting at which time it recommended approval of the use of this property for an interim use for a period of three years subject to the recommendations as included in the Staff Report of December 21, 1982, and amended by the Planning Commission (see Minutes of the Planning Commission for December 27, 1982.) Discussion on the merits of interim uses ensued. Parking needs and require- ments were of major concern. Redpath felt three years was long enough for an interim use. Bentley said he could support an interim use. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to approve the request for an interim use of 0.67 acres of property zoned as Rural for Office use; located at 8108 Eden Road. Motion carried unanimously. City Council Minutes -6- January 18, 1983 D. EDENDALE RETIREMENT RESIDENCE by Twin City Christian Homes. Request for Site Plan Review and amendment to PUD for Edendale Retirement Residence upon 2.95 acres to construct a 61-unit, five-story elderly housing apart- ment. Located north of TH 5 and west of Prairie Village Mall and Prairie Village Professional Building. (Resolution No. 83-24 - PUD) City Manager Jullie reported official notice of this Public Hearing had been published and proper notices had been sent to neighboring property owners. Gerald Mundt, Architect for the developers, explained the proposed retirement residence to the Council and introduced Bruce Farrington, President of Twin City Christian Homes. Director of Planning Enger said the Planning Commission had reviewed this proposal at its December 13, 1982, meeting and had recommended approval subject to the recommendations included in the Staff Report of December 10, 1982. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its December 20, 1982, meeting at which time it recommended approval subject to the recommendations included in the Staff Report of December 10, 1982, and the Community Services Staff Report which recommended construction of a hard surface path on the northern portion of the plan. The Parks, Recreation & Natural Resources Commission also recommended the City Council consider waiving the cash park fee only if other City fees are also waived for this project. Penzel said he was concerned about the name and the fact that Edendale and Edenvale sound so similar. Farrington said he had no strong feelings regarding the name and it would be changed in the very near future. There were no comments from the audience. Discussion on waiving cash park fees followed. The consensus was that this housing, to keep costs down, should be exempt from the cash park fee. The people in this housing will not be using the City parks to a great extent. Tangen noted this waiver should only be done in very special circumstances. Anderson noted he had been on the Parks, Recreation & Natural Resources Commission at the time this was discussed and the Parks, Recreation & Natural Resources Commission had wished for direction regarding fees at the time they were considering the issue. MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and to adopt Resolution No. 83-24, approving the development of Planned Unit Development Amendment for Edendale. Motion carried unanimously. .j?I City Council Minutes -7- January 18, 1983 MOTION: Redpath moved, seconded by Tangen, to instruct the Staff to prepare an agreement to include the recommendations from the Planning Staff report of December 10, 1982, and waiving the cash park fees for this project. Staff was also directed to prepare a memo describing an appropriate policy for waiver of cash park fees. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 5605 - 5823 MOTION: Redpath moved, seconded by Bentley, to approve the Payment of Claims Nos. 5605 - 5823. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS There were no reports. VII. APPOINTMENTS A. South Hennepin Human Services Council MOTION: Redpath moved, seconded by Bentley, to appoint Mary Hayden as Consumer Representative to serve a two-year term commencing 2-1-83 on the South Hennepin Human Services Council. Motion carried unanimously. MOTION: Redpath moved, Bentley seconded, to appoint Councilman Anderson as Council Representative to fill the unexpired term to 1-31-84. Motion carried unanimously. B. NAFTA Board MOTION: Redpath moved, seconded by Bentley, to appoint George Kissinger as MAFIA Citizen Representative for one full year commencing 1-1-83. Motion carried unanimously. C. Suburban Rate Authority MOTION: Bentley moved, seconded by Redpath, to appoint John Frane and George Tangen as Director and Alternate Director for 1983 (Resolution No. 83-16.) Motion carried unanimously. D. Appointment for City Attorney for 1983 MOTION: Redpath moved, seconded by Bentley, to retain Roger Pauly and the Lang, Pauly & Gregerson, Ltd. law firm as City Attorney for 1983 with the change in fees as requested. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. City Council Minutes -8- January 18, 1983 VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for a Liquor License for Kabuki Restaurant (continued from January 4, 1983)-- moved to Consent Calendar as item III. J. B. Request for Final Plat approval for Shady Oak Industrial Park 6th Addition by Richard Anderson of 7.3 acres for two lots, formerly portions of Shady_ Oak Industrial Park 3rd Addition -Tklution No. 83-09) - continued from January 4, 1983 City Manager Jullie reviewed the options available noting that the Opus Corporation is in the process of attempting to record the deed which they have from Anderson Development Company for their access to West 70th Street. MOTION: Bentley moved, seconded by Redpath, to approve Resolution No. 93-09, approving final plat of Shady Oak Industrial Park Sixth Addition subject to the resolution of the recording of the deed. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Suggestions for Long Range City Goals Mayor Penzel addressed the first item on the memorandum from City Manager Jullie regarding increasing efficiency. He outlined a proyram - The Quality Circle" - which would involve employees of all levels, using a half hour weekly to meet and put together changes for the benefit of all. At this point Redpath suggested the Council move on with the Agenda and come back to this matter at the close of the meeting. 2. Petition for permanent stop sign at the southbound intersection of Mitchell Road and Scenic Heights Road MOTION: Redpath moved, seconded by Anderson, for the City to erect a permanent stop sign on the southbound corner of Mitchell Road and Scenic Heights Road. Motion carried unanimously. B. Report of City Manager 1. Cable TV Service City Manager Jullie spoke to his memorandum of January 14, 1983. He asked the City Council to add The Cove subdivision and the Golden Ridge subdivision to the areas not covered for initial service and not men- tioned in his memo. Jullie introduced Ralph Campbell, cable administra- tor. Also present from the Cable Commission were Attorneys Adrian Herbst and Gary Matts. Ms. Dottie Rietow, representing "Cablesystems", was also present. City Council Minutes -9- January 18. 1983 Campbell explained that most of Eden Prairie is part of the initial service area, that is, areas where there are 40 or more homes per mile and that are presently being served by City sewer and water. These homes would enjoy uniform installation and uniform monthly rates. However, in areas with lesser density the homes would fall under the line extension policy and would have greater installation charges, but uniform monthly rates. Campbell noted that following comments by the Eden Prairie City Council he would like to go back to the operation commission to have a Vote to see if this proposal is acceptable, to draw findings supporting the acceptance of the proposal and then to go to the Southwest Suburban Cable Commission to ask for their vote. He stated there are 62,300 homes in the southwest area of which 4,700 are in Eden Prairie. 610 of the 62,300 do not have cable service; 76 of those are in Minnetonka; 534 are in Eden Prairie. Jullie reviewed reasons why The Cove and Golden Ridge had been omitted from the initial service area. Tangen said The Cove was being discriminated against because of its location. He felt the reason for excluding the other areas was that they were not fully developed; this is not the case with The Cove. Redpath recalled what his understanding was in establishing the areas to be served. Jullie noted the costs involved in extending servic, to all residences. The question as to how this cost should or should not be distributed was discussed. Redpath felt the Cable Commission was doing a fair job and that Eden Prairie should not impede progress for the other four cities involved. He said he would like to see this returned to the Cable Commission. Bentley felt the areas not served would fall naturally into service as they developed, that in general the proposal was good but that the subdivisions not included should be looked at for initial service. Tangen said he thought The Cove and Golden Ridge are well within the developed area. The area to the north of The Cove is to be developed and should be included. MOTION: Redpath moved, seconded by Bentley, to refer the matter back to the Southwest Suburban Cable Commission for consideration of the compro- mise proposal from Cablesystems, and also requesting further review and consideration by the Commission and Cablesystems to provice cable service to The Cove and Golden Ridge subdivisions. Motion carried unanimously. Campbell noted line extension policies will be written by Cable Commission attorneys. The method of financing unserviced areas was discussed. City Attorney Pauly asked if the line extension policy change would mean an additional charge would be imposed on those within the residentially zoned areas which had less than 40 homes per mile. Herbst said this compromise would change that. Under the compromise the ordinance would have to change to put them in the line extension area. The charges which will be imposed are those which Campbell explained. VOTE ON MOTION: Motion carried unanimously. 3 51/ iQ City Council Minutes -10- January 18, 1983 2. Redraft of amended permit for Flying Cloud Sanitary Landfill City Manager Jullied noted he had reviewed the redraft and called attention to his memo in which he addressed the major concerns as he sees them. Tangen said he thought the consultant hired by the City would have provided more technical expertise. Jullie said the consultant had been sent a copy of the redraft. Bentley questioned why the consultant had not been present whenever this issue was discussed by the City and why memos in regard to the situation had not been received. Redpath said to date there has been nothing conclusive from the PCA. Jullie said the redraft does require some testing and monitorina of wells. Anderson asked if a license could be issued which would cover inspection fees. Jullie said that might be possible. City Attorney Pauly said the City does have the right to some local control as long as it does not conflict with the rights of the PCA. Tangen said he disagreed with the wording we are without objection." Pauly said whatever action is taken, the City should reserve the position to oppose further expansion. MOTION: Redpath moved, seconded by Bentley, to direct the City Manager to write to the PCA indicating its position: that the City is accepting the PCA decision reluctantly, that the City will require complete com- pliance regarding testing and stating the general unhappiness of the City Council in this matter. Motion carried unanimous'y. 3. Designate a voting delegate for Leaeue of Cities Legislative Action Con- ference on January 26, 1983 MOTION: Tangen moved, seconded by Bentley, to appoint John Frane as voting delegate to the Legislative Action Conference. Motion carried unanimously. 4. Discussion on Lake Ann Interceptor Sewer Construction in Chanhassen Director of Public Works Dietz explained the proposed changes to the sewer trunk line system in Chanhassen by the Metropolitan Council. Penzel noted that the changes were directly opposed to the City's long range expected development and a breach of a twenty-year old promise to the City for development of the southwestern segment of Hennepin County. Bentley felt the City should object strongly as it is extremely dangerous to the City's growth potential. Dietz will review the Staff Report he had been provided by the Metropolitan Council and will advise the Metropolitan Council of the Council's concerns on this matter. City Council Minutes -11- January 18, 1983 C. Report of Director of Community Services 1. Report on Edenvale Park Dedication Director of Community Services Lambert covered his memo of January 13, 1983, to the Council regarding park land dedication. The Council in- structed Staff to make known that the Council desires resolution of this matter in the near future and certainly prior to Edenvale's next land development approval. The matter was referred to Attorney Pauly's office. D. Report of Director of Public Works 1. Special Assessment Agreement, Sundquist Addition (S.E. corner of Valley View Road/Baker Road) Resolution No. 83-19 MOTION: Redpath moved, seconded by Anderson, to approve Resolution No. 83-19, approving agreement regarding special assessment, Sundquist Addition. Motion carried unanimously. A. 1. Suggestions for Long-Range City Goals - continued Tangen suggested this matter be tabled tor possibly a special meeting to handle the subject matter at length. In the meantime, Council members are to submit their suggestions to staff. X. NEW BUSINESS There was none. Xl. ADJOURNMENT MOTION: Tangen moved, seconded by Redpath, to adjourn the meeting at 11:06 p.m. Motion carried unanimously. CITY OF INN PRAIRIE CLERK'S LICENSE APPLICATION LIST March 1, 1983 CONTRACTOR (MULTI-FAMILY & COMM.) Dolphin Construction, Inc. .Rutledge Construction Co. Stiglich Construction, Inc. White Diamond Builders, Inc. CONTRACTOR (1 & 2 FAMILY Ecklund & Swedlund John Kraemer & Son, Inc. C. W. Morris Construction Patio Village, Inc. Donald Reierson Custom Homes Suburban Homes, Inc. PLUMBING Bowler Co., Inc. Galaxy Mechanical Contractors Hoff Plumbing Jim' s Plumbing Loop Belden Porter, Inc. Tom Motzko Plumbing O'Brien & Sons Plumbing Thoen Plumbing GAS FITTER Bowler Co., Inc. Connercial Mr Conditioning, Inc. Gas Supply, Inc. Loop Belden Porter, Inc. Minnegasco Torn Matzko Plumbing & Heating Northern Propane Gas Co. Preferred Sheet Metal St. Marie Sheet Metal, Inc. Smith Heating & Air Cond. Fred Vogt. HEATING .& VENTILATING Bowler Co., Inc. Commercial Air Conditioning, Inc. Preferred Sheet Metal St. Marie Sheet Metal, Inc. Smith Heating & Air Conditioning Fred Vogt. UTILITY INSTALLER United Water & Sewer Co. Sullivan's Services, Inc. MECHANICAL GAMES Phil's Amusement (Kabuki Restaurant) TYPE A FOOD Driskill's Super Valu BAKERY Driskill's Super Valu MEAT MARKET Driskill's Super Valu CIGARETTES A & J Enterprises Twin City Vending VENDING A & J Enterprises Coca Cola Bottling Driskill 's Super Val u Twin City Vending These licenses have been approved by the departmen t h e a d s r e s p o n s i b l e f o r thIn 1 i censdd ac ti vity. \.1L-14 Pat Salle, Liucris ing ,2S-c) MEMORANDUM TRRU: FROM: DATE: SUBJECT: Mayor and City Council Parks, Recreation and Natural Resources Commission Carl Jullie, City Manager Bob Lambert, Director of Community Services February 17,1983 Amdendment to Grant Agreement Between the Metropolitan Council and the City of Eden Prairie Contract Number 79116 On October 22, 1979, the City of Eden Prairie entered into a grant agreement with the Metropolitan Council for the purpose of developing the Bryant Lake Stables in Bryant Lake Regional Park. The original grant agreement was for $75,000. This.amount was later amended to increase the grant by $11,032.50. Due to recommendations from the Building Inspector regarding insulation and from an architect regarding suggested structural improvements to the horse stable, the final cost of the entire project was $105,615.50. This project was completed in 1981. As a part of the process to formally close out this grant it is necessary to approve a third amendment to the development grant contract for the final costs of the project, as well as extending this project to March 1, 1983. The amount of payments received from the Metropolitan Council and interest accrued totals $105,615.50; therefore, upon closing this grant there will be no reimbursements or refunds for this development project. BL:md CONTRACT NO. 79166 THIRD AMENDMENT TO GRANT AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND CITY OF EDEN PRAIRIE The parties hereto agree that the grant agreement they entered into on the 22nd day of October, 1979, by and between the Metropolitan Council and the City of Eden Prairie, relating to the development of recreation and open space . lands in Bryant Lake Regional Park, shall be and is hereby amended in the following particulars: 1. Article 4, Payment of Grant Proceeds, is amended to read as follows: 4. Payment of Grant Proceeds. The Council agrees to make available to the GrarifEe—T.Fing the period specified herein the total grant amount of $105,615.50 for the purpose of accdmplishing the project and acquiring the lands and paying the costs and expenses authorized pursuant to Paragraph 3 herein. Subparagraphs a, b, c, d, and e of Paragraph 4 shall remain in force and effect without change. 2. Article 7, Paragraph a, Duration, is amended to read as follows: a. Duration. The period of grant award specified herein shall commence on the execution of this agreement and remain in force and effect until March 1, 1983. At that date, all allocated grant funds which have not been expended or otherwise committed by contract, shall revert to and become part of the Council's Parks and Open Space Fund and may be reallocated or expended by the Council for other park and open space acquisition and/or development purposes. Except as amended hereby, the provisions of the above-referenced contract shall remain in force and effect without change. 25-1 -2- IN WITNESS WHEREOF, the parties hereto have caused this amendment to be executed by their duly authorized representatives on this day of , METROPOLITAN COUNCIL By Eugene Executive Director CITY OF EDEN PRAIRIE Approved as to legal form and adequacy: By Chairman Office of Staff Counsel By Secretary CZ463A CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Shady Oak Road Amoco ORDINANCE NO. 12-82 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, N1ENDING THE LEGAL DESCRIPTIONS OF LAND I N EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WH I C H , AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL 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 here o f . Section 2. That action was duly initiated proposing that the land be removed • from the Rural District and be placed in the C-HWY District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the C-HWY District, and the legal descriptions of land in each District referred to in the City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be and is 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 . 9 9 entitled, "Violation a Misdemeanor" are hereby adopted in their entirety, by refer e n c e , 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 , 198 , entered into between Amoco Oil Company and the City of Eden Prairie, which agreement is hereby made a par t hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of November, 1982, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. franc, City Clerk PUBLISHED in the Eden Prairie News on the day of 1983. <9 AMOCO OIL COMNY Tract A, Registered Land Survey No. 1346, Files of Registrar o f T i t l e s , County of Hennepin. together with That part of the NE quarter of the NE quarter, Section 2, Towns h i p 1 1 6 , R a n g e 2 2 , descrhied as beginning at a point on the N line of said NE qua r t e r o f t h e N E quarter distant 171.2 ft W from the NE corner of said NE qua r t e r o f t h e NE quarter; thence S, parallel with the E line of said NE qua r t e r o f t h e NE quarter, a distance of 200 ft; thence W, parallel with said N l i n e , 1 3 7 . 7 It, more or less, to the centerline of Co.Rd. No.61; thence no r t h e r l y a l o n g s a i d center line 202.34 ft, more or less, to the N line of said NE quarter of the NE quarter; thence E along said north line 1E5 ft, more or less , t o t h e p o i n t o f beginning, except County and City road right-of-ways on file o r a s d e s c r i b e d in that certain Developer's Agreement dated between Amoco Oil Company and the City of Eden Prairie. .26,0 Shady Oak hnoco DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983 by and between Amoco Oil Company, a Maryland corporation , hereinafter referred to as "Owner" and the CITY OF EDEN PRAIRIE, a muni c i p a l corporation, hereinafter referred to as "City", WITNESSETH: WHEREAS, Owner has applied to City to rezone from Rural to C-HWY approximately .9 acres, situated in Hennepin County, State . of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof a n d hereafter referred to as "the property", and WHEREAS, Owner desires to develop the property into a Amoco Oil Company Station. NOW THLREFORE, in consideration of the City adopting Ordinance No.12-82, and Resolution No.82-253, Owner covenants and agrees to construction upon , development ,and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the material dated Oct. 27, 1982 reviewed and approved by the City Council on Nov. 2,1982 and attached hereto as Exhibit B,subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner 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. Developer's Agreement-Amoco Oil Station page 2 3. hoediately upon filing of the final plat and prior to issuance of any building permits, Owner shall convey to Hennepin County by Warranty Deed, that part of the property shown as County right-of-way on Exhibit B. Owner shall not grade , construct nor permit any grading or construction upon said right-of-way. 4. Owner shall , prior to issuance of any permit for building upon the property: A) Submit to the City a detailed landscaping plan and obtain the City's approval thereof. Such plan shall include but not be limited to construction of 4V't high berms along the property's south and east sides. . B) Submit to the City Planner a lighting plan for review and obtain the City Planner's approval thereof. Any light structures depicted in said plan shall not be higher than 20 ft and shall not produce any glare beyond the property boundaries. C) Submit to the City Engineer a detailed grading plan and obtain the City Engineer's approval thereof. Such plan shall include grading within Shady Oak Pond right- of-way to construct at least an eight foot wide shoulder from the edge of the pavement . Such construction shall have no more than an 8:1 slope. The grading east of the shoulder shall have no more than a 2:1 slope up to the station's parking surface. ' 5. Owner shall not obtain any building permit for building upon the property until such time as city utility services are provided to the property. 6. If Owner desires to enlarge the building or use upon the property in addition to the building and use depicted upon Exhibit B, Owner shall submit said plans to City for review and obtain City's approval thereof consistent with applicable City Code. Such plans shall include but not be limited to maximum floor area ratio and required parking. 7. Immediately upon filing of the plat and prior to issuance of any building per its, Owner shall convey to the City by Warranty Deed that part of the property shown as City right-of-way on Exhibit 6. .26.2\ Developer's Agreement-Shady Oak Amoco page 3 IN WITNESS I:HEREOF, the parties to this Agreement have caused these presents to be .executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE by Wolfgang II. , Mayor by Carl J. Jullie, City idnager STAlE OF MINNESOTA) ISS. COUNTY OF HENNEPIN) The foregoing instrument was acknei,q1edged b e f o r e r o e t h i s day of , 1983 by Wel fgang H. Penizel , the ilayo r a n d C a r l J . J u l i e , the City I ruher of the City of Eden Prairie , a M i n n e s o t a m u n i c i p a l corporation on behalf of the corporation. Notary Public AMOCO OIL COMPANY 1 15-y—K-.-11..---11-o-iTgli-t-o-n,-Ilanaie -r=Capital Investment STATE OF KANSAS ) )SS. COUNTY OF JTUWSON) -fa The foregoing instrument as acknowledged b e f o r e m e t h i s / d a y o f 1983 by K. IL Houghton the Manager-Capital — nvesgent of hooco Oil Coiiipany on behalf of the corpo r a t i o n . t • CLFCMAM Wy tiqe, r.p. My 6. VF5 12 0 Northeast corner of Jt act A, R.L.S.t1346 CI 79' I 1 '.• . ••<' .0 . -v.', "7- • • ,H I II • ••:'.= `;••• • • • • . • ; 1 ; 1!.1 • I , 011 •'" 1 ' •.( t / ' . .•-•,' 0. - , , •••nn . .. .S. ' q• i . . 'i• i''. .'./, "."'..) /. ....:'' .;•V V :\\.,:A• ; \':.'.1),. ,( .----1— i • - . --.....: (I C :7L'----,Z.1::-----.--- 7 '''f / • ___._ .._ r . - i . •••:. •• parr • ;,..; 4:: • City Ri gilt- of Nay )Qc County Right-of -Nay E XHIBIT B 2 Lti CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 'RESOLUTION NO. 83-39 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 12-82 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 12-82 was adopted and order publishe d a t a r e g u l a r meeting of the City Council of the City of Eden Prairie on t h e day of ,198 , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C I T Y O F E D E N P R A I R I E : A. That the text of the summary Ordinance 12-82, which is att a c h e d h e r e t o , is approved, and the City Council finds that said text cle a r l y i n f o r m s t h e public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie N e w s i n a b o d y type no smaller than brevier or eight-point type, as define d i n M i n n . Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made availab l e f o r i n s p e c t i o n by any person during regular office hours at the office of t h e C i t y C l e r k and a copy of the entire text of the Ordinance shall be pos t e d i n t h e C i t y Hall. D. That Ordinance 12-82 shall be recorded in the ordinance boo k , a l o n g w i t h proof of publication required by paragraph 8 herein, withi n 2 0 d a y s a f t e r said publication. ADOPTED by the City Council on , 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City C1-617k The following is the full text of the City of Eden Prairie Ordinance No. 12-82, which was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on , 1983. Following the text of the Ordinance, the Developer's Agreement which is incorporated therein by Section 5 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA Shady Oak Road Amoco ORDINANCE NO. 12-82 AN ORDINANCE OF THE. CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, N1ENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG 01HER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance, (hereinafter, the "land") is legally described in Exhibit A, attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the C-HWY District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the C-HWY District, and the legal descriptions of land in each District referred to in the City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be and is amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , 198 , entered into between Amoco Oil Company and the City of Eden Prairie, which agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 2nd day of November, 1982, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1983. Shady Oak Road Amoco Summary of Developer's Agreement: Developer will develop the land as described in Exhibit A and outlined on Exhibit 8 both of which arp attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1. Conveyance of right - of - way to the City and County of Hennepin. 2. Submission to the City of a detailed landscaping and lighting plans. 3. Submission to the City Engineer of a development plan for the property. 4. No building permits until city utilities are available. 5. Resubmission of plans if building other than depicted on Exhibit B is desired. 6. Submission to the Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 7. Payment to City of cash park fees. 8. Submission to City of proof that the condition of title of right- of-way conveyed to the City and County is such that it will vest good and marketable title in the City and County. 9. Payment to the City of the first 3 year's lighting fees. 10. Proper restoration of property after construction and installation of utilities. 11. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 48 months. 12. Application of the Developer's Agreement to transferees of the land. 13. Developer's warranty of title to the land. 14. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. Notice: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. John D. Franc, City Clerk Wolfgang H. Penzel, Mayor ac,e) Shady OA oo.o Ni i. fit TO bl.V1 I 'S I i"..1 I N A',.Idt0 Oft CCE'. i',I;E) 1Ilt. CI iY Of lI O N PEIAIME. I , art -ni rt,t1 jilt() aS Of • .. .. 19E13 by and beC..,c ,(11 A & E f' ft S, , a fliwn sota cor i :,oration, ti reinail.cr ref, 1,-,1 to as "Otmer" and the City of Fde n P r a i r i e , a M i n n e s o t a tunis 1011 Lint Oil , h,rcinof Ler referred to as "City", For and in Liu . i,I,:ration of, and to in d u c e C i t y t o a d o p t O r d i n a n c e 1 ? - M 2 and to chanjo List /oiling of property o w n e d b y O w n e r f r o m R u r a l t o C - H w y desc,ribcd in Exhibit A, attach:1J flo r e t ° a n d r a d e a p a r t h u r t - o f , h e r e i n a f t e r ref.rred to as "the prop, rty", as r,ore fully d,.,scribed in that certain D cv ,1 01 ,,:r's c-nit-red into as of , 1033 by and betwr.en Amoco Oil CeLpmy and City , Owne r a o r c e s w i t h t h e C i t y a s f o l l o w s : 1. If boo«) Oil Cri,,p,:ny fails to prot.ro d i n a c c o r d a n c e w i t h the Doveloper's Agrc.ci.lent within 7 4 n o n t h s o f t h e d a t e thereof, CE,.:ners. fur thL,..elves, su c c i - > c o r s „ h e i r s , a n d a s i n s will not oppose the re/oning of the p r o p e r t y t o R u r a l . 1. Orvner ayrees that it will not. dev e l o p t h e p r o p e r t y i n a m a n n e r inconsistent with the tins of the a b o v e d e ,-cribed fli.veloper's A9reckent. In tht event thiit transfers the prop.. aroo to OH d in an a9ree:,:ent frond the tra n s r c ree stating that the ,,,rt ,perty shall not he developed in a ma n n o r i n c o n s i s t t A l t with ti' 5,,veloper's 'lit 3. ibis Air, ,T.:.ent shall he hind in ,J tn,on and enfor(rable atiainst Omicrs, successors, heirs, and the i r , p , s i p s o f t h e p r o p e r t y , & F P1011.01 II S, k (") SIAll Of EIIIIN1s(11A) 11111 iam N. (des, Vice - Prosich.nt ).SS. COrEil Y (II III PiI P IN) fnr,joi,,i ackrie(1 ,1,d before cio this .„,,,•57-day of e',2,".• I by 1 I EL V it. t: I-nt. of A & F, Proporties, of LI ru,L : ) ;%)L. r") , 0-1 ILY Supplo,lent•Surly 0t Page CI1Y Of EDEN PRAIRIE by Wolf9ang H. Pen/el, Mayor • by 'Cart J. J611 .ie, - 1,111n-.1 -ge-r- SIAI Mt tid SO I A) )SS. C0111111 01 III NN:-P1N) 1 he forecjo i nu ins tru ,::en t was acknowledjed before the this day of 1933 by Wol rr j , the Mayor and Carl J. Jul lie, the City Manager of the City of f cb..n Prairie a tuipjc ip.-Clcorpora Lion on behalf of the corporation. Notary Public Z(;) Suo:;oary of 0',...ner's Siplout of Developer's Ag r co:unt : Shady Oak Amoco Owner will develop the property which is described in Exhibit A in accordance with Exhibit 8 attached to and incorporJled in the Developer's Agreement. In add i Lion, the Owner ' s Supplement provides for: I. Owner agrees not to oppo ,,e reroning back to Rural if Amoco Oil .Company, fdils to c000nce dveloi -Amt in accordance with the Developer's Agrceent wi thi n 48 10011 ihs 2. Owner and 0 ,...,ncr's lranferos ayrceNent not to develop in a manner incons s Lent wi th the De v el oper ' s Agreewent. 3. Application of Owner's Stwlei,:ent to transferees. Notice : A printed copy of this ordinance is available for inspection by any person during replar office hours at the office of the City Clerk. ADOP LD by the Eden Pra i rio City Counc ii on , 1983. Joh n , C iCy Clerk 14.61 .f-g-a -n-g- if: -P ercief -,-1,fa -Yo r .2'10 Kings Forest CITY OF EDEN PRAIRIE HENNLPIN COUNTY, MINNESOTA ORDINANCE NO. 19-82 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 OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A, attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the RM-6.5 District and RI-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the RM-6.5 District and the R1-13.5 District and the legal descriptions of land in each District referred to in the City Code, Section 11.03, Subdivision 1, Subparagraph B shall be and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code, Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of _ , 1983, entered into between arid---ftW --CiTi --of Eden Prairie, which Agreement is hereby made a part hereof. ' Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of August, 1982, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of , 1983. ATTEST: Wolfgang H. Penzel, Mayor Sihri—D. Franc, City Clerk PUBLISHED in the Eden Prairie News on the _ day of , 1983. 2r1I PROOOSED DESCRIPTION FOR REZONING (TANAGER CREEK) PARCEL A That part of the South Half of the East 75 rods of the North w e s t Q u a r t e r o f Section 3, Township 116, Range 22, Hennepin County, Minneso t a a n d t h e S o u t h w e s t Quarter and the Northeast Quarter of said Section 3 describe d a s f o l l o w s : Commencing at the southwest corner of said Northeast Quarter o f s a i d Section 3; thence on an assumed bearing of North 00 degree s 1 6 m i n u t e s 4 1 seconds West along the west line of said Northeast Quarte r a d i s t a n c e o f 493.50 feet to the point of beginning; thence on a bearing o f W e s t 1 3 0 . 1 7 0 feet; thence South 22 degrees West 295.00 feet; thence No r t h 6 8 d e g r e e s West 300.00 feet; thence North 24 degrees West 445.00 feet; t h e n c e N o r t h 2 6 degrees East 140.80 feet; thence Southwesterly 201.22 feet a l o n g a nontanjantial curve, concave to the south, having a radiu s o f 3 9 4 . 0 5 f e e t and a central angle of 29 degrees 15 minutes 29 seconds, the c h o r d o f s a i d curve bears South 32 degrees 37 minutes 44 seconds West; the n c e southwesterly 67.93 feet along a reverse curve, concave to t h e n o r t h w e s t , having a radius of 432.47 feet and a central angle of 09 deg r e e s ; t h e n c e South 16 degrees 00 minutes 53 seconds East, not tangent to l a s t d e s c r i b e d curve, 143.25 feet; thence South 03 degrees East 692.44 fee t ; t h e n c e S o u t h 29 degrees 31 minutes 59 seconds West 200.00 feet; thence N o r t h 6 0 d e g r e e s 28 minutes 01 seconds west 175.00 feet thence northwesterly 3 0 2 . 7 7 feet along a tangenticl curve, concave to the southwest, to the so u t h w e s t corner of' the Southeast Quarter of the Northwest Quarter of said Sec t i o n : 3 , s a i d curve having a radius of 573.68 feet and a central angle of 3 0 d e g r e e s 1 4 minutes 20 seconds; thence easterly 69.83 feet, not tangen t t o l a s t described cu:ve, along the soutn line of said Southeast Qu a r t e r o f t h e Northwest Quarter to the southw e st corner of said East 75 rods; thence northerly 1467.24 feet along the west line of said East 75 r o d s t o t h e northwest corner of the South Half of said East 75 rods; th e n c e e a s t e r l y 1237.50 feet along the north line of said South Half of Ea s t 7 5 r o d s t o t h e East line of said Noithwest of Section 3; thence southerly 105.8 1 f e e t along said East line to the northwest corner of the Southwe s t Q u a r t e r of the Northeast Quarter of said Section 3; thence easterly 452.68 f e e t a l o n g the north line of said Southwest Quarter of the Northeast Q u a r t e r t o t h e westerly right of way line of County Road No. 60; thence sou t h e r l y ' 5 2 / 1 . 5 4 feet along said westerly right of way line to the intersec t i n g w i t h a line bearing North 55 degrees 37 minutes 58 seconds East from t h e p o i n t o f beginning; thence South 55 degrees 37 minutes 53 seconds W e s t 6 1 1 . 7 5 t o t h e point of beginning. Except that part described as follows. Exhibit A, page 1 of 3 Beginning at the southwest corner of the Southeast Quarter of the Northwest Quarter of said Section 3; thence on an assumed bearing of North 89 degrees 14 minutes 52 seconds East along the south line of said Southeast Quarter of the Northwest Quarter 69.83 feet to the southwest corner of said east 75 rods; thence North 00 degrees 16 minutes 41 seconds West along the west line of said east 75 rods, 892.77 feet; thence southeasterly 5.37 feet along a nontangential curve, concave to the southwest, having a radius of 370.27 feet and a central angle of 00 decrees 49 minutes 49 seconds; the chord of said curve bears South 65 degrees 24 minutes 55 seconds East; thence South 65 degrees East, tanymat to last described curve, 60.00 feet; thence southeasterly 95.76 feet along a tangential curve, concave to the .northeast, having a radius of 432.47 feet and a central angle of 12 degrees 41 minutes 10 seconds, the chord of said curve bears South 71 degrees 20 minutes 35 seconds East; thence South 09 degrees West. not tangent to last described curve, 70.72 feet; thence southerly 208.50 feet along a tangential curve, concave to the east, having a radius of 398.20 feet and a central angle of 30 degrees; thence southerly 158.33 feet along a reverse, curve concave to the west, having a radius of 251.99 feet and a central angle of 36 degrees; thence southerly 187.61 feet along a reverse curve. concave to the east, having a radius of 467.36 feet and a central angle of 23 degrees; thence South 08 degrees East, tangent to last described curve, 81.70 feet; thence southerly and easterly 123.18 feet along a nontangential curve, concave to the northeast having a radius Jf 50.00 feet and a central angle of 141 degrees 09 minutes 24 seconds, the chord of said curve bears South 18 degrees 74 minutes 42 seconds East; thence South 22 degrees 25 minutes 33 seconds West, not tangent to last described curve, 99.72 feet; thence northwesterly 231.61 feet along a nontangential curve, concave to the southwest having a radius of 573.68 feet and a central angle of 23 degrees 07 minutes 55 seconds to the point of beginning, the chord of said curve bears North 79 degrees OS minutes 24 seconds West. Dated: 2/3/83 05623 Exhibit A, page 2 of 3 2-73 PROPOSED DESCRIPTIOA FOR REZ0NIN3 (TANAGER CREEK) PARCEL B That part of the South Half of the east 75 rods of the Northwest Q u a r t e r O f Section 3, Township 116, Range 22 described as follows: Commencing at the southwest corner of the Southeast Quarter of th e Northwest Quarter of said Section 3; thence on an assumed bearing o f N o r t h 89 degrees 14 minutes 52 seconds East along the south line of said Southeast Quarter of the Northwest Quarter 69.83 feet to the sout h w e s t corner of said cast 75 rods; thence North CO degrees 16 minutes 41 s e c o n d s Vest along the sect line of said cast 75 rods, 25.00 feet to the p o i n t o f beginning; thence continue Nurth 0 degrees 16 minutes 41 seconds W e s t a l o n g said west line, 567.77 feet; thence southeasterly 5.37 feet along a nontangential curve, concave to the southwest, having a radius•of 370.27 feet and a central angle of GO degrees 49 minutes 49 seconds;, the c h o r d o f said curve bears South 65 degrees 24 minutes 55 seconds East; thence So u t h 65 degrees'East, tangent to last described curve, 60.00 feet; then c e southeasterly 95.76 feet along a tangential curve, concave to the northeast, having a radius of 432.47 feet and a central angle of 12 degrees 41 minutes 10 seconds, the chord of said curve bears South 71 degree s 2 0 minutes 35 seconds East; thence South 09 degrees 'eest, not tangen t t o l a s t ,described curve, 70.72 feet; thence southerly 203.50 feet along a tangential curve, concave to the east, having a radius of 393.20 f e e t a n d a central angle of ao degrees; thence southerly 153.33 feet along a reverse, curve concave to the west, having a radius of 251.99 feet and a central angle of 36 degrees; thence southerly 187.61 feet along a reverse curve, concave to the east, having a radius of 467.36 feet and a central a n g l e o f 23 degrees; thence South 03 degrees East, tangent to last describe d c u r v e , 81.70 feet; thence southerly 70.82 feet along a nontangential curv e , concave to the east having a radius of 50.00 feet and a central angle of 81 degrees 09 minutes 24 seconds, the chord of said curve bears Sout h 1 1 degrees 25 minutes 18 seconds West; thence southwesterly along a nontangential reverse curve, cencave northwest having a radius of 9 7 . 8 1 feet and a central angle of 53 degrees 24 minutes 16 seconds, the c h o r d o f said curve hears South 60 degrees 02 minutes 44 seconds West; th e n c e S o u t h 89 degrees 14 minutes 52 seconds West, tangent to last described c u r v e , 68.64 feet to the point of beginning. Dated: 1/24/83 05623 Exhibit A, page 3 of 3 .tlq 3/83 Kings FoiTst, DEvroPLR's AGREEMENT THIS AGREEMENT, made and entered into as of , 1983 by and between RICHARD NESEUND AND MABETH NESLUND, husband and wife as joint tenants, referred to as "Owner" and the CITY OF EDEN PRAIRIE, a municipal corpor- ation, hereinafter referred to as "City", W1TNISSETH: WHEREAS, Owner has applied to City for a residential Planned Unit Developrent for approximately 70 acres described on Exhibit Al, attached hereto and made a part hereof; and to rezone from Rural to RM 6.5 approximately 38 acres described as Parcel A, Exhibit A2, and approximately 3 acres from Rural to R1-13.5 described as Parcel A, Exhibit A2, all situated in Hennepin County, State of Minnesota, and attached hereto and made a part hereof and hereafter referred to as "the property ,and WHEREAS, Owner desires to develop the property for construction of 6 single family residential units and 136 attached single family units for an aggregate of 192 units. NOW 1HLREEORE, in consideration of the City adopting Ordinance No. 19-82 and Resolution Nos. 82-188 and 82-189, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the pror:erty in conformance with the material dated July 12, 1982 reviewed and approved by the City Council on Pug. 17, 1932 and attached hereto as Txhibi.t 8, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at soch times and in such 1 -anner as provided therein of all of the terms. covenants, in;reements, and conditions set forth in Exhibit C. attached h2reto and made a part hereof. w. Developer's Agreement-Kings forest(Tanager Creek) page 2 3. Immediately upon filing of the final plat and prior to t h e i s s u a n c e of any building permits, Owner shall convey to the Cit y b y W a r r a n t y Deed that part of the property depicted as Parcels C & D o n Exhibit B. Owner shall not grade or construct upon Pa r c e l s C & D nor permit others to so grade or construct unless and u n t i l permission of the City Engineer is obtained. 4. Owner agrees that City may construct, install and perfor m a l l w o r k and furnish all materials and equipment in connection wit h t h e installation of City improvtmAents within the property if s o requested by 100% petition as outlined in item V. , Exhi b i t C . Such il“provclimits shall include, but not be limited to: r o a d w a y , storm sewer, water, sanitary sewer, walks , and curb and g u t t e r . The cost of such improvements, including all engineering , l e g a l and administrative costs incurred by the City , shall be a s s e s s e d against the property in accordance with a method of asse s s m e n t selected by the City. If Owner chooses to execute the 100% petition, Owner wa i v e s a l l rights they have by virtue of Minnesota State Statute S e c . 4 2 9 . 0 8 1 or otherwise to challenge the amount or validity of amo u n t s , o r the procedure used by the City in levying the assessmen t s a n d hereby release the City, its officers, agents and its e m p l o y e e s , from any and all liability related to or arising out of t h e l e v y i n g of the assessments. 5. Prior to the approval of the final plat, Owner shall sub m i t t o t h e City Engineer detailed plans for both public and private i m p r o v e m e n t s , (including but not limited to: streets, sanitary sewer, w a t e r , a n d storm sewer), and obtain the City Engineer's approval th e r e o f . Such private and public improvements shall have a 2 year maintenance • bond. 6. Concurrent with street and utility construction, Owner s h a l l c o n S t r o t t 8 foot wide, 2 inch deep strength asphalt paths upon a 5 i n c h C l a s s V base in the following locations: A) within the right-of-way and south of the driving surfa c e of Edenvale Boulevard, commencing at Co.Rd.#60 west to the property's west boundary. B) within the right-of-way and east of the driving surfac e o f the north/south road, commencing at Edenvale Boulevard south to the southerly terminous of the north/south ro a d , both as depicted on Exhibit B. )76 Developer's Agreement-Kings Forest(Tanager Creek) page 3 7. Prior to any grading upon the property, Owner shal l i n s t a l l s n o w fencing around trees to be preserved and adjacent to s t a n d s o f t r e e s to be preserved as depicted on Exhibit B and as approv e d b y t h e Planning Director. Said r_,now fencing shall remain in p l a c e u n t i l the Planning Director determines the property is resto r e d . • 8. Prior to the issuance of any permits for buildi n g u p o n t h e p r o p e r t y , Owner shall submit to City a detailed landscaping pla n a n d o b t a i n the City's approval thereof. Such plan shall include b u t n o t b e limited to screening of the single family from the mu l t i p l e , and screening of the multiple and multiple parking ar e a s f r o m public roads. 9. Owner shall construct units upon the property in t w o p h a s e s a s depicted on Exhibit B with stablilization of Phase 1 c o m p l e t e with proper erosion control as required by the Nine M i l e C r e e k , Watershed District and City prior to commncing uni t s i n P h a s e 2 . 10. Concurrent with grading upon Phase I of the prop e r t y , O w n e r s h a l l construct Fdenvale Boulevard commencing at Co.Rd. f'6 0 w e s t t o t h e property's west boundary, as per the specifications o f t h e C i t y Engineer. Alternately, in accordance with Exhibit C, Owner sha l l s u b m i t a 100% petition for such construction with a 17 year ass e s s m e n t period. If Owner chooses to execute the 100% petition, Owner wa i v e s a l l rights they have by virtue of Minnesota State Statute S e c . 4 2 9 . 0 8 1 or otherwise to challenge the ctittount or validity of amounts, or the procedure used by the City in levying the assessme n t s a n d hereby release the City its officers, agents and its e m p l o y e e s , from any and all liability related to or arising out o f t h e l e v y i n g of the assessments. 11. In implementation of the PUD and as variance from cert a i n p r o v i s i o n s imposed by City Code, City authorizes the following on P a r c e l A : A) 0 lot line setback at the common wals between attach e d s i n g l e family units. B) Use of wood as an exterior material for units. C) Platting of lots less than 6,500 sq.ft. D) Front yard setback minimum of 15 feet on units along R e d C e d a r C i r c l e . 12. Owner shall ,and cause others to, construct all reside n t i a l s t r u c t u r e s & g a r a g e s a minimum of 22 feet back from private road hardsurfacing, excep t o n R e d Cedar Circle. 13. Concurrent with construction of Red Cedar Circle, Own e r s h a l l c o n s t r u c t a knock-down harrier at the street's northern termin o u s a s d e p i c t e d o n Exhibit B. Such barrier shall Inc constructed in acco r d a n c e w i t h t h e specifications of the City Engineer. 911 Developer's Agreement-Kings Forest(Tanager Creek) page 4 IN WITNESS WHEREOF, the parties to this agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) LYWolfgang H. Penzel, Mayor by Carl J. Jullie, City Manager The foregoing instrument was acknowledged before me this ___ d a y o f 1983 by WolfgJ,ng H. Penzel, the Mayor and Carl J. Jullie, th e C i t y M a n a g e r of the City of Eden Prariie, a Minnesota corporation on beha l f o f t h e c o r p o r a t i o n . OWNER STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) by'Richard Neslund 421, , 7 /7' // e pl by -Mabeth Neslund The foregoing instrument was acknowledged before me this/G d a y O f n:766.,i,A 1983 by Richard Neslund and Mabeth Neslond, husband and W i f e , a s j o i n t t e n a n t s ' : Not ary l'ublic POD IFCAL BiSCRIPIION The West Half of the Southwest Quarter of the Nartheast Quarter of Section 3, Township 116, Range 22, except that part of the West Half of the Southwest Quarter of the Northeast Quarter of said Section 3, described as follows: Beginning at the southwost corner of said Southwest Quarter; thence east along the south line of said Southwest Quarter to the southeast corner of said West Half; thence north along the past line of said West Half distant 682.55 feet; thence deflecting to the left 31 degrees 30 minutes distnnt 193.8 feet; thence southwesterly 640.0 feet ifiere or less to a point in the west line of said Southwest Qoacter distant 493.5 feet north of said southwest corner; thence south along said w e st line 493.5 feet to the point of beginning. Also except that part thereof lying east of the westerly line of County Road No. 60, and Together with: the South Half of the east 75 rods of the Northwest Quarter of Section 3, Township 116, Range 22, and Together with: the Northeast Quarter of the Southwest Quarter and that part of the West Half of the Soutle'ast Quarter of Section 3, Township 116, Range 22, lying northwesterly of County Road No. 60, Hennepin County, Minnesota, except the following: That part of the Northeast Qoarter of the Southwest Quarter and the West Half uf the Snutheat Qearter of Section 3, Township 116, Range 22, described as follows: Coal,c,eucing at a point on the west line of the Northeast Quarter of Lha Southwest Quarter of Section 3, a distance of 16.5 feet north of the southwest corner of said Northeast Quarter of the Southwest Quarter; thence on an assu:oed hearing of north along the west line thereof a distarice of 1229.75 feet, more or less, to the northwest corner of the Nortleist Quarter of the Southwest Quarter of Section 3; thence southeasterly along a curve concave to the southwest, having a radius of 373.63 feet, a central angle of 30 degrees 14 minutes 20 seconds and a chord hearing of South 75 degrees 35 minutes 11 seconds Fast, an arc distance of 302./7 feet to a point of taooeocy; thence South 60 degrees 28 minutes 01 secoods Fast, a distance of 411.05 feet to a point of tangential curve to the right; thence along said Curve, having a radius of 479.73 feet and a central angle of 27 degrees 24 minutes 45 seconds, an arc distance of 229.52 feel to a point of tangency; thenac South 33 degrees 03 minutes 16 seconds East, a diet cr am of 83...3 feet to a point of tangential curve to the left; thence along said curve, having a radius of 499.69 feet and central angle of 64 degrfee3 03 minutes 34 Seconds, an arc distance of 559.40 feet to a point of tangency; thence North 82 degrees 48 minutes 10 seconds East, a distance of 70.00 feet to a point of tangential curve to the ri0t; thence along said curve, having a radius of 264.5 feet and a central anele of 54 degrees 30 minutes 44 secnds, an arc distance of 751.65 feet to a point of taLgency; thence South 42 degrees 41 minutes 06 secoods Fast, a distance of 45.74 fret pore or less to the northwesterly right-of-way line of County Raad No. 60; theriee southwesterly along said right-of-way line to its inters ,:ction with a line (irawn parallel with and 16.5 feet runt Ii of the south lino of the Norttwast Quaiter of the Southwest Quarter of Set ion 3; thenee westerly along said parallel line to the point of beginning, 14.3o),,i)in County, Minnesota. rxhibi t Al k;Roc k e ,e,. , • 1.1s i .7 7-47 •-n Z.Z\ a g ,,\ \ -->P11,ise 1 sp VUM' Phase 2 0 C 1 0 04, 0 ' 7 ' ! t - , _ .-C"n\ i'' ' ' ' ) • . . ° ' ' ' "••• CJ In 1 s ._ ....--. ...:, ....,—,.., , ... .,, 1.. . ' 1 &, ,,c,.,..,,,,,....,„. _41 ' .'n, . ,(7 \\N........... ,,.,.....c...!,.,,, ......4 I I i purcol 1119 1 01 1 ffiffill 'I l i I I I tut ivt I 7 EXHIBIT B July 12, 1982 snow fencing iiiu pAthS Line; I10115t ...111•1110.1•011•nn•••nnn••n.1171111111 4'/() i !: Kings Forest (Tanager Creek) CITY OF'EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-40 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE #19-82 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 19-82 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. That the text of the summary of Ordinance #19-82, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. State. 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 #19-82 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 _ , 1983. Wolfgang H. Penzel, Mayor ATTEST: Frane, City n The following is the full text of the City of Eden Prair i e O r d i n a n c e N o . 1 9 - 8 2 which was adopted and ordered published at a regula r m e e t i n g o f t h e C i t y Council of the City of Eden Prairie on . Fol l o w i n g t h e t e x t o f the Ordinance, the Developer's Agreement, which is in c o r p o r a t e d t h e r e i n b y Section 5 of this Ordinance, is swinarized. Kings Forest CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 19-82 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, R E M O V I N G C E R T A I N L A N D FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, A M E N D I N G T H E L E G A L DESCRIPTIONS OF UND IN EACH DISTRICT, AND ADOPTING, BY R E F E R E N C E , C I T Y C O D E CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THI N G S , C O N T A I N P E N A L T Y PROVISIONS THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A, attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R M - 6 . 5 D i s t r i c t a n d R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District a n d s h a l l b e i n c l u d e d hereafter in the R11-6.5 District and the R1-13.5 Di s t r i c t a n d t h e l e g a l descriptions of land in each District referred to in t h e C i t y C o d e , S e c t i o n 11.03, Subdivision 1, Subparagraph B shall be and are am e n d e d a c c o r d i n g l y . Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code, I n c l u d i n g P e n a l t y f o r Violation" and Section 11.99, entitled "Violation a M i s d e m e a n o r " a r e h e r e b y adopted in their entirety, by reference, as though repe a t e d v e r b a t i m h e r e i n . Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of _ _ , 1983, entered into between , and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th day of August, 1982, and final l y r e a d a n d a d o p t e d a n d ordered published at a regular meeting of the City Coun c i l o f s a i d C i t y o n t h e day of , 1983. ATTEST: Wolfgang H. Penzel, Mayor Sohn D. Franc, City Clerk PUBLISHED in the Eden Prairie News on the day of , 1983. 01.2 Summary of Developer's Agreement:Kings forest(Tanager Creek) Developer will develop the land as described in Exhibit A and depicted on Exhibit B both which are attached to and incorporated in the Developer ' s Agreement. In addition, the Developer's Agreement provides for: 1. Conveyance of Parcels C & D to the City and submission to the City of proof that the condition of title of property conveyed to the City is such that it will vest good and marketable title in theCity. 2. Developer's commitment to install and perform all improvements in accordance with the City standards. Or in lieuthereof, petition for said improvements and agree to pay such assessments. 3. Submission to the City of development and landscape plans for the property. 4. Construction of pathways as depicted on Exhibit B. 5. Installation of snow fencing to preserve stands of trees. 6. Construction of units upon the property in two phases. 7. Variances for zero lot line and front yard setbacks, wood exteriors and lot size. 8. Construction of a knock down harrier at the north end of Red Cedar Circle. 9. Submission to the Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said watershed district. 10. Payment to City of cash park fees. 11. Developer's warranty of title to the land. 12. Payment to the City of the first three years' lighting fees. 13. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 14. Application of the Developer's Agreement to transferees of the land. 15. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 16. Notice to the City's cable franchise. Notice: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. John D. Franc, City Clerk Vio-119-a-ng CHANGE OR DI DOCUANNI C .:707 ()Yt NI R I -1 Alit lill1 r 1 CO'slitAl 101: k 1 IUD ' I i 01IIIR [TOP. CT: EDEN PRAIRIE CITY SERVICES (name, athinks) City of Eden Prairie City Hall 8950 Eden Prairie Road I() (Contrarror) Eden Prairie, MN 55344 AR KAY CONSTI1IJC1 ION COMPANY 620 North County Rand 18, Suite 189 Minneapolis, Minnesota 55427 CI IANCE ORDI R NUMISI R: 5 (page 1 of 3) - I Al;( I II IICT'S PROITCT NO: 475.1 CON1RACT I OR $2,345,300.00 j CONIRACT DATE : June 29, 1982 You are directed to make the foll(ming changes in this Contract 1. Additional sound insulation in offices-Public. Safety Ref. Contract Change Request 29: Memorandums dated 9/278428/82 to Bill Rose/Arkay from InterDesign; letter dated 10/11/82 Minuti-Ogle, Inc. to Arkay Const.; letter dated 10/15/82 Arkay Const. to InterDesign; letter dated 11/12/82 Minuti-Ogle, Inc. to Arkay Const.; and letter dated 12/1i82 Arkay Const. to InterDesign Inc. 2. Mechanical service to washer and dryer, Public Safety Ref. Contract Change Request 32: letter dated 11/5 182 with worksheets, Horwitz Inc. to Arkay Const.; letter dated 11/10/82 Arkay Const. to trite' Design Inc.; letter dated 11/2/82 Eden Prairie to InterDesign Inc., + drawing; letter dated 1/4/83 Horn.vitz, Inc. to Arkay Construction; letter dated 1/14./83 Arkay Const. Co. to InterDesign; letter dated 1/20/83 LWSM Inc. to InterDesign. + $ 1,153.00 1,400.00 (CONTINUED ON SEPARATE SHEET .. . I r eigin.11 I ttntraC I SLIM or S 2,345,300.00 han,;(.. In , co es 1111, 011111 , , 23,270.00 ill nO.111 Son) prit.r to ml. ( Lantte Oi der si $ 2,368,570.00 tho cnohad Sirs \sal hr. ',f), tt'.1 ,C(11 ''3(X)<XXXkXX)06004 ,Xk hy lii, I hanrte Order . . . 21,090.00 ( ontra(t Sun , Int huluIrt du. ( 'tango (T n rlei NS ill ht. ' • $ 2,389,660.00 the ontract lane tsII ru' Ocrxru<KK•x)0X1r(XX5Cri.X 4 ftl', bY 15 C. ‘.2 Days. tyrt i . o Il0ria i rIchrin a ,. of III,. date of the. ch artex order theiefrire r. unchanged. INTER DESIGN INC. Street tot;irt, Minitealutlis, MN 55403 /2 11 °brit M. Urn-her% ebruary 9, 1983 tt 1,r1S1 1.'1,1 • ARKAY CONSTRUCTION COMPANY wstk5t ri ,tt 020 No. County Road 18, Suite 189 Minneapolis, MN 55427 Witham C. Rose 1 "II February mn 1983 •nnnnn• I CITY OF EDEN PRAIRIE. r ht. IR 8950 Eden Prairie Road _ Eden Prairie. MN 55344 . BY _ Eu9ene i'mr February _ 1983.. ON( i'At.t , CHANGE ORDER NO. 5 --continued (page 2 of 3) E UN PRAIRIE CITY SERVICES Architect's Project No. 415.1 3, Switch and .5. B. for ceiling fan, Public Safety hIdg. $ 226.00 Ref. Contract Choll nIC Request 33: letters dated as follows — August 6, 1982 1_1M to InterDesign Inc.; August 25, 1982 1.WSIY1 toIriternesign Inc.; 9/9/82 w/drawing L1VSM to lilted:Joslyn Inc.; 9/21/82 Arkay Constnic,tion to I.D. 10/4/82 w/2-poge summary, Arkay Const. to I.D.; 10/7/82 wihreakdown, Horwitz Inc. to Arkay Const.; 10/15/82 Arkay Coot, to ID.; 12/2/82 Hacking/Eden Prairie to W.; 12/15/82 with Est. sheet, Say Electric to Arkay Const.; and 12/16/82 Arkay Const. to InterDesign Inc. 4. Change insulation at 12" TJI 's to 9", Public Safety bldg. 300.00 Ref. Contract Change Request 35— letter dated 12/3/82 Arkay Construction Company to Inter Design Inc. 5. Fir out wall in Maintenance Building for plumbing fixtures. 482.00 Ref. Contract Change Request 36 — latter dated 11/10/82 with drawing & est. sheet, Arkay Const. to I.D. 6. Door Control System wiring, Public Safety Imilding. 5,092.00 Ref. Contract Change Request 39 -- letters as follows: 9/16/82 Say Electric to Ark ay Construction; 9/21/82 Arkay Cnrist. Co. to Inter Design Inc.; 10/4/82 Arkay Coml. Co. w/summary sheet to InterDesign Inc.; 12/2/82 l_WSM inc. to Say [boric, Inc.; 12/6/82 L.V.'SM Inc. general notes w/cloor security wiring diagrams (3 ); 12/15/82 Say Electric Inc. 1,v/estimate sheet to Arkay Construction Co.; 12/16/82 Arkay Construction Co. to InterDesign Inc. 7. Revised electrical drAvings, Public Safety building. 132.00 Ref. Contract Change Request 40 — letters as follows: 11/30/82 t_WSM Engineers to Say Electric Inc.; 12/1/82 Say Electric Inc. to Arkay Construction; and 12/3/82 Arkay Construction to InterDesign Inc. 8. Additional revisions to special systems, Public Safety building. 978.00 Ref. Contract Ch,ingo Request 41 -- letters as follows: 11/22/82 L\VSM Engineers to Say Electric Inc.; 12/1/82 Say Electric Inc. to Arkay Construction; and 12/3/82 Ar Lay Construction Co. to Inter Design Inc. 9. Increase air compressor front 3 IIP . to 15 HP— Public Safety bldg. 3,695.00 Ref. Contract Channe Rerftrest 42. Letters as follows: 11/22/82 Soy Electric Inc. to Arkay Construction, wiest. sheet; 10/6/82 Horwitz lire. to Arkay Corfstruction with brrakdown; 11/29/82 At kny Construction to Inter DeSi(111 Inc. ; 12/6, 16 81 27: from LVV:1M Enilinevis to Inter Design Inc.: 1/6/83 I lot wit:, Inc, 10 An Lay Construction w/estimote sheet; and 1/26/83 Arkay CorNruction Co. to InterDesign W.feNtimate sheet. (CONTINUED , . , ) CHANGE ORDER NO. 5 continued (page 3 of 3) EDEN Hi AI R 1E CI -1Y SI. RVICLS Architect's Project No. 4 15.1 10, Elevate manhole covers to match grade. + $ 880.00 Reference Contract Charge Request 43 - letters as follows: 11/3/82 Widmer Bros., lire. to Horwitz Mechanical; 11/12/82 Horwitz Inc. to Arkay Constnictiun Co.; and 11/16/82 Arkay Construction Co. to Inter Design Inc. 11. Increase water heater size, Public Safety. 220.00 Refereoce Contract Change Request 45 .- 10/15/82 letter from As key Construction wihreakdown to I.D. 12. Change emergency generator to diesel Isomer. 3,869.00 Reference Contract Change Request 47 - letters as follows: 11/4/82 Merno/LIVSNI Engineers /Eden Prairie/Interksign Inc.; 12/7/82 1.1:Sil.4 to Say Electric Inc.; 12/9/82 Say Electric to Arkay Construction; 12/13/82 Horwitz Inc. (mechanical) to Arkay Construction w/breakout; 12/15/82 Arkay Construction to InterDesign Inc. 13. Ornit gutters -- replace with water diver ters, Public Safety bldg. 834.00 Retert net Contract Change Request 50. 1/14/83 letter from Arkay Construction Co. to Interksign inc. 14. Omit galvanizing on stair stringers. 273.00 Reference Contract Change Request 51. 12/16/82 letter from Arkay Construction Co. to Interksign Inc. 15. Change in florescent fixture type, Public Safety. 3,095.00 Reference Contract Change Request 52. Letters as follows: 10/15/82 I.WSM Engineers to Arkay Construction; 12/15/82 Say Electric Inc. to Arkay Construction; and 12/16/82 Arkay Construction Co. to InterDesign Inc 16. Illstall shower pans in two showers in Maintenance Bldg. Judd curbs at all showers. Reference Contract Change Request 54. 490.00 Letters: 1/13/83 Horwitz Inc. to Arkay Construction Co. with cost est.; 1/17/83 InterDesign Inc. to Arkay Construction Company; and 1/14/83 Arkay Construction Company to Inter Design Inc. 17. Add 2" floor drain irt Mech. Equip Room, Maintenance Building. + 231.00 Reference Contract No. 58 - letters as follows: 1/11/83 Horwitz Inc. to Arkay Construction Co. %iv/breakdown sheet; 1/14/83 Arkay Construction Co. to liter Design Inc. 1/20/83 LWSN4 Engineers to Inter Design Inc. 18. Redesign Evidence lockers, Public Safety bldg. ,182.00 Reference Contract No. 60 -- letter 1/4/83 I.D. to Arkay Coast. 19. Install key drop in EVidelICC Room Diror, Public Safety. 200.00 Ref, Contract No. 60 A - letter w/drawing 1/4/83 I.D. to Arkay Const. 20. Column protection to he chaeqed to 18" round from 12" round, Mart. Bldg. + 184.00 Ref. Contract No. 66 letter Arkay Const. w/breakdown to IntorDesign,1/76/83. 21. F ur nish vinyl tile, Room 6. Omit in Rooms 31, Public Safety. - 12,00 Ref. Contract No, 63-- letters: Hacking/Eden Prairie to InterDesign 1/5/83; and 1/11/83 letter Arty Construction Co. to Interksign. ,rdp S21,090.00 March 1, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R83-45 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer has prepared plans and specifications for the following improvements to wit: I.C. 52-032, Streets & Utilities in Lorence 1st & 2nd Addition (Southwest corner of Valley View Rd. & Flames Way) and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's office. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The adver- tisement shall be published for 2 week(s), shall specify the work to be done, shall state that bids shall be opened at 10:00 o'clock A.M. on Thursday, March 31, 1983,and considered by the Council at 7:30 o'clock P.M. on Tuesday. April 5, 1983, in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City for 5% (percent) of the amount of such bid. ADOPTED by the Eden Prairie City Council on March 1, 1983. Wolfgang H. Penzel, Mayor WEST: SEAL John D. Irene, Clerk 2'7 TO: Mayor and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Dietz, Director of Public Work DATE: February 24, 1983 RE: Street Names Changes & Corrections in the Eden View Addition It has come to our attention that several of the street names in the Eden View Addition have not been officially renamed from the original plat that was submitted for the subdivision. For instance, South Eden Drive shows up on the official section maps as Prairie Road, Circle Drive. and Hillton Lang. North Eden Drive shows up as Eden Drive only. It is not proposed to change the street names from that which is currently posted in the neighborhood, but rather to officially change the 1/2 section street names to those currently in use. Additionally, it has come to our attention that the numbering sequence for homes in the area does not fit the 157th Avenue street name. In fact, to coincide with the current numbering system, the street name should be changed to West 158th Avenue. Since no homes take access from this street, this would involve only a change in the street sign with no effect on anyone's current address. I will be present at the April 5 meeting to explain these corrections in more detail with the use of a visual aid. EAD:sg March 1, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R83-38 REQUESTING A SPEED SURVEY AND RELATED STUDIES FOR WEST 78th STREET FROM PRAIRIE CENTER DRIVE TO FLYING CLOUD DRIVE ALSO FOR FLYING CLOUD DRIVE FROM SHADY OAK ROAD TO WASHINGTON AVENUE WHEREAS, the City of Eden Prairie has received, by way of turnback, from the State of Minnesota both West 78th Street, between Prairie Center Drive and Flying Cloud Drive, and Flying Cloud Drive, between Shady Oak Road and Washington Avenue, and WHEREAS, the existing limits were established under State highway traffic conditions, and WHEREAS, development has occurred and traffic conditions have changed. NOW, THEREFORE, BE IT RESOLVED, that the City Engineer be instructed to request a traffic speed survey and related studies to be conducted by the Minnesota Department of Transportation to determine the appropriate speed for both roads. ADOPTED by the Eden Prairie City Council on March 1, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk .;49 March 1, 1983 CITY OF COEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RLSOLU1 ION NO. R83-46 RESOLUTION RECEIVING 100% PETITION, ORDERING IMPROVEMEN1S & PREPARAIION OF PLANS AND SPECIFICATIONS IOR PUBLIC IMPROVEMENTS IN NORMAN INDUSTRIAL PARK, I.C. 52-048 BE IT RESOLVED by the Eden Prairie City Council: 1. The owners of 100% of the real property abutting upon and to be benefitted from the proposed streets and utilities have petitioned the City Council to construct said improvements and to assess the entire cost against their property. 2. Pursuant to M.S.A. 429.031, Subd. 3, and upon recornendation of the City Engineer, said improvehents are hereby ordered and the City Engineer shall prepare plans and specifications for said improveents in accordance with City standards and advertise for bids thereon, with the assistance of Rieke, Carroll, and Muller, Inc. 3. Pursuant to M.S.A. 429.031, Subd. 3, the City Clerk is hereby directed to publish a copy of this resolution once in the official noe,spaper, and further a contract for construction of said improvments shall not be approved by the City Council prior to 30 days following publication of this resolution in the City's official newspaper. ALTOPlED by the City Council of the City uf Eden Prairie on March 1, 1983. Wolfgang H. Penzel, rayor ATTEST: SEAL _ John D. Ira no, Clerk 2'36 VnI) CITY OF EDEN PRAIRIE, MINNESOTA 100% 1'bT1TI0N FOR LOCAL IMPROVEMENTS TO THE EDEN PRAIRIE CITY COUNCIL: The undersigned are all the fee owners of the real property described below and herein petition for the Eden Prairie City Council to proceed with mAing the following described improvements: • (General Location) Sanitary Sewer 4,/ Watermain _ 1./ -Storm Sewer I Street Paving C 4 DZP-A.CE.A•iiUt}(5.- _ V._ Other Pe.fid41 I Pursuant to M.S.A. 429-031,. Subd. 3, the undersigned hereby waive any public hearing to he held on said impxovements, and further state and agree that the total cost of said improvements shall be specially as- sessed against the property described below in accordance with the City's special assessment policies. We further understand that the preliminary, estimated total cost for the said iaprovements is 7i.) Ec7A4..fn. Street Address or other Legal Description of Prpppity to be Served r274' rl I CZFiRff 0 Names and addresses of Petitioners (Must be owners of record) Date S.-cc.iv.d c7,...,:t1 471, / _ Froject No. - '1:? 2 611 Council Consideration March 1, 1983 CITY OF EDEN PRAIRIE BENNLPIN COUNTY, MINNESOTA RESOLUTION NO. R83-47 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR AREA ADJACENT TO SHADY OAK ROAD, SOUTH OF CSAH 62 WHEREAS, a petition has been received and it is proposed to make the following improvements; I .C. 52-049, Sewer & Water Utilities for area adjacent to Shady Oak Road, south of CSAH 62 and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on March 1, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL -John D. Frane, Clerk .2qa CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden Prairie Cit y Council to consider making the following described, improvements (s): (General Location) ___x_ Sanitary Sewer Sh.) ner e is T 4,24 n_t_4_h g a K )(_ Watermain • Storm Sewer Street Paving Other Names of Petitioners (Must Be Property Owners) ler•-.--G.C", C 67-e, k IYt. .,• e /11-1L--x/ Street Address or Other Legal Description of proRerty. to be Served (For City use) Date Received • re14,(044_111 ta? Project No. Council Consideration 11/Vn FAH_ 293 THOMSFN,NYEN-CK,.../014NSON, BOUQUET & VAN VALKENDURG,P. A. LAW Of ricrs Kull / 102 ra,0 n•R •v1-1.41., SOLI. H1101 THOmseH G I HN 0,1v OLCK GORDON V. JOHNSON J OHN K. 0040,1E7 ...A. I. 5 VAN V•L NEN0U50 MARK G. OHNS ,AO J ACK W. A5L LOS (DENNIS MPH? RIOT MARSH J. HA10150 MINNLAPOLIS (EDINALMINNESOTA 86436 10i21 0316•7000 February 10, 1983 Or COUNSEL RICHARD O. WILSON ROBERT CZECH Mr. Eugene Dietz Director of Publ ic Works City of Eden Pra i rie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: Proposed Partial Vacation of Kingston Drive Our File Mo. 83-3-008F Dear Mr. Dietz: This office represents Lelan J. and Constance M. Woll who are the owners of the property at 14115 Crown Drive, Eden Prairie, Minnesota, legally described as Lot 6, Block 4, King's Court Second Addition. Please consider this the application of Mr. and Mrs. Wo11 to vacate that portion of Kingston Drive as dedicated in the Plat of King's Court Second Addi- tion which lies north of the south line of said addition and east of the following described line: Beginning at a point on the most Westerly line of Lot 6, Block 4, King's Court Second Addition, 93.07 feet South of the Northeast corner of said Lot 6, thence continuing on an extension South of said most Westerly line of Lot 6 to the South line of the Plat of King's Court Second Addi t ion and there terminati ng. I claim no pride of authorship in the foregoing description and welcome any modifications or suggestions which you may have that will describe the same strip of land. Enclosed is a section of a map showing the street and lot in question. Please note that Kingston Drive at this point is 100 feet in width, whereas the normal width of said drive is 60 feet. I am told that the additional width at this point was basod upon the contemplation of a cul-de-sac, however the proposal has since been abandoned. The proimsed vacated strip is now in grass and when timely , it is being mowed by my clients. Mr. Eugene Dietz February 10, 1983 Page Two We would appreciate it if you would arrange to have this matter placed upon the Council's agenda so that a public hearing may be ordered at the earliest possible tine. Kindly advise if there are any additional requirements which I should be made aware of in connection with this application. ' ery truly you , -4?„,/,,,f,/ .%,' ,.,, _..... Glenn G. Nybeck GGN/gsr cc: Mr. and Mrs. Lelan Well ,2QS H • c -2 ,';1:3 , • 4 ;44 • 1 77, II, WI (.2 t 7:; 7' ..;•S '...••••••„ 8 :: s; „?.• 1 ••• • • a, ..D\ " • IA ••-• r, „ „ ' • I • 125 • 3. N k .....•„ , '1 ): ? ;(41 N cecl 111(07-z-i f (73-' '47 4-!.,2 4 " -1 a.) „( -N 9 \ (' • 1= 2 " 8 (z) (0) \ , 3. (7 .) ' eL l 4 (1) G Nozi .1 ' • • - • • • ; • -!".) • , 5, • :; . aa.a. • - • • • • - kt: 12 (z 1 ) 13 - I \ (47.) (Al 7 8 f, ,*. (AO (3",') ',? •n IS 9 , 4 s, s, Si - 9 (t4)., 1 4 , . •(7 1 Sr NI' '1 ' I siat=0 --"""*.***'• V. EDEN PRAIRE COMMUNITY CENTER 16700 VALLEY VIEW ROAD / EDEN PRAIRIE,MN 55344 / TELEPHONE(612)937-8727 ATHLETIC COORDINATOR: 937-9894 MEMORANDUM TO: Mayor and City Council Parks, Recreation and Natural Resources Commission THRU: FROM: DATE: SUBJECT: Bob Lambert, Director of Community Services Charles J. Pappas, Community Center Manager February 10, 1983 American Red Cross Swim-A-Cross The American Red Cross is holding it's fifth annual Swim-A-Cross. The purpose of the event is not only to raise money for the Red Cross but to raise public awareness of water safety as the swimming season approaches. Many prominent people in the areas of sports and swimming will be involved. The running of the Swim-A-Cross would necessitate the cancellation of open swimming on Saturday, March 26, 1983 from 1-4 p.m. Staff recommends the American Red Cross Swim-A-Cross be held at the Eden Prairie Community Center Pool on march 26, 1983 from 1-4 p.m. CJP:clp 29(1 q MI'MORANPUM 10: 11IRU: ERONI: DATE: SUBJKT: Mayor and City Council Carl Jul lie, City Manager Bob 1,:unDert, Director of Commmity Services'"g1-- February 24, 1983 Eden Prairie Marching Rand Request At the December 20th meeting representatives of the Eden Prairie Marc h i n g Rand requested the Parks, Recreation and Natural Resources Commissio n t o consider a recommendation to the City Council requesting funding of 8 2 0 0 for transportation expenses for the Eden Prairie Marching Rand fo r t h e stainer of 1983. use Coramission had several concerns regarding fu n d i n g o f a private or:;anizat ion, especially since due to the timing of practic e s some Eden Prairie student residents attc tiding other schools would n o t b e able to participate. lhe Parks, Recreat on and Natural Resources Commission requested s t a f f t o discuss this request with the City Attorney and to obtain an opinio n r e - garding the legality of funding a private organi cation that would ex c l u d e participation of some Eden Prairie residents. The City Attorney inform .ed staff that it is illegal for the City to provide any funding to rriy person or organization not under the direct con t r o l o f the City government. 'The Parks, Roc reziti on and Natural Resources Commission then recomme n d e d t o the City Counci 1 that the City donat e this organi :at i on a flag and p r o v i d e free promotions of this group's activities within the Eden Prairie b r o c h u r e s , as is provided to the Athletic Associations. RI.:md The Crescendo's of Eden Prairie "instrumental music for the betterment of the community" November 15, 1982 °Copyright 1980, crosornoot NI rights reterved. Mr. Bob Lambert Park and Recreation Commission Eden Paine City Hall 8950 Eden Prairie Road Eden Prairie; Mn. 55344 Subject: Eden Prairie Summer Marching Band Dear Mr. Lambert: This is to confirm our telephone conversation of last week regarding funding for the Summer Marching Band and having the subject put on your udgenda for December 6th. Some of the ways in which the kids are involved in the community are as follows: 1. Schooner Days 2. Schooner Days ' 3. E. P. In Action 4. Foundation Ball --- This is something the band whether it be jazz band or full band has been involved in since Em Stark has been the director. Jazz Ensemble plays for the Queens Coronation. Volunteer group from the CMS level and High School level. They played on both days, Saturday and Sunday. The High School level plays here. The students also assist in the parking of cars. 5. E. P. Center 0•nnn• The High School Band and the CMS Band give a Christmas concert free of charge at the Eden Prairie Center. 6. Firemen's Pancake --- It has been suggested that the Breakfast. band play at the Firemen's breakfast. Which group is still to be determined. 2n ' / Pg. 2 / Sub: Summer Marching Band Funding 7. Parades -- Representing Eden Prairie in many parades which I feel is the best public relations that can be done for the community. They have done the community proud. - We are looking at a band (and possible 2 bands) this summer. One consisting of 9-12 grades and one of 6-8th grades. The high school band will be around 100 students and the CMS band is yet to be determined. Marching Band and Band in general in really on the move in Eden Prairie. We have 438 students in the band program this year. That is the most ever, to my knowledge, in Eden Prairie. It is really great to see so many of the kids involved over the summer. It gives them a sense of belonging and accomplishment, but most of all it teaches them community spirit and pride. Just as a footnote, some of the high school students also play in the community band. The community band also gets their music and some of their instruments from the hi gl school music department. They also get a place to practice through the school. The parade we are requesting funding for is the Waconia parade. We have already been invited to participate in this event. Cost estimated at $200.00. This cost covers the following: 2 School Buses 1 Van 1 Bus Driver (an instructor will drive the other bus) 2 Small fees for the instructors By the way, the reason Mr. Stark, High School Director, cannot be at the meeting is because he will be at Eden Prairie Center with two of the High School bands and the Community Band giving a concert. I hope you will take the time and really consider funding this parade. It is one of the most worthwhile investments you can make. Thank you for your time and consideration. If you have any questions, please feel free to contact myself or Mr. Em Stark, High School Director, 934-6900 mid/or Mr. Fred Baumann, Central Middle School Director, 937-1650. Icerely, "72 Sharron Mosher, Marching Band Liasion 19120 Deerfield Trail Eden Prairie, Mn. 55344 Phone: 934-0510/ Work: 937-3765 cc: Mr. Em Stark, H. S. 99 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-42 RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PETERSON DEVELOPMENT BE IT RESOLVED by the Eden Prairie City Council as follows: That the preliminary plat of The Peterson Development, dated December 2, 1982, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of , 1983. Wolfgang H. Penzel, i.Iayor ATTEST: John D. Franc, City Clerk I • Unapproved Planning Commission Minutes of February 14, 1983 Members Present: Acting Chairman Torjesen, Gartner, Marhula, Sutliff A. PETERSON DEVELOPMENT, by Eugene Peterson. Request for FRTITnii -nary Plat of 1.35 acres into two lots. Located east of County Road #1 and State Highway #169/212 intersection and south of Pioneer Trail Road. A public hearing. Staff reviewed the request of Eugene Peterson for the proposed development and reviewed the Staff Report of February 11, 1983 with the Commission. Planner Enger pointed out that the platting of the land was Planning Commission Minutes -2- February 14, 1983 precipitated by the realignment of County Road #1 and Pioneer Trail in this vicinity, which split the parcel owned by Mr. Peterson into two pieces. Mr. Peterson stated that he had reviewed the comments of Staff and had no objections to them. He added that it was not his intention to build until sewer and water were available to the site. Currently, they were not. Mr. Peterson stated that he had discovered that the City had, at one time, considered the extension of sewer and water to his site. However, at the time of the feasibility study, Council decided not to go ahead with construction until a later date. Acting Chairman Torjesen opened the public hearing for comments from members of the audience. There were none. MOTION 1: Motion was made by Marhula, seconded by Sutliff, to close the public hearing. Motion carried--4-0-0 MOTION 2: Motion was made by Marhula, seconded by Sutliff, to recommend to the City Council approval of the preliminary plat of the Peterson Development, based on plans dated December 2, 1982, and subject to the recommendations of the Staff Report dated February 11, 1983. Motion carried--4-0-0 302. I AFF REPORT TO: FROM: THROUGH: DATE: PROJECT: LOCATION: Planning Cormission Stephen Sullivan, Assistant Planner Chris Enger, Director of Planning February 11, 1983 S.S.H. Company (Peterson Development) The Northeast quadrant of State Highway 169/212 and County Road #1, south of Pioneer Trail APPLICANT & FEE 6TUZ: Eugene K. Peterson REQUEST: Preliminary Plat of 1.34 acres from one lot to two lots of 0.69 and 0.65 acres and Road Right-of-way .BACKGROUND he parcel is currently zoned Highway Commercial (C-Hwy). The parcel was divided by Pioneer Trail when the State Highway 169/212 and County Road #1 intersection improvement was completed in 1982. The parcel to the west of the Pioneer Trail extension supports a small convenience store and the parcel to the east is undeveloped. EXISTING SITE CHARACTERISTICS The site is void of significant vegetation with the only on-site plant material being meadow grasses within the undeveloped parcel. The site was graded with the initial development of the convenience store. Further grading has taken place with the implementation of the revised intersection aligment. Both parcels are basically fiat. The Hennepin County Soil Survey indicates soils suitable for development.. ORDINANCE REQUIREMENTS Both parcels within the site area in compliance with the required performance standards for Highway Commercial zoning. Permitted uses within the Highway Commercial district are limited to sale and service operations directly related to highway or freeway uses, tourists, and travelers. SITE LAN The site is not currently serviced with sewer and water. A feasibility study for 13, -taff Report . S. U. Company (Peterson Development) February 11, 1983 the extension of sewer and water to the site and adjacent lots was completed by the City and dropped due to its current cost effectiveness and timing. The parcel shall not be developed prior to sewer and water improvements. The convenience store has access from both Pioneer Trail (east-west) and Pioneer Trail (north-south). The undeveloped parcel has potential access to both sections of Pioneer Trail. A bike trail exists north of Pioneer Trail and east of the convenience store crossing at the intersection and running along County Road #1. Cash Park Fee will be required prior to building permit issuance. RECOMMENDATIONS The Staff recommends approval of the platting of the S. S. H. site subject to the following conditions: 1. Development of the project will be in conjunction with the implementation of sewer and water services to the site. 2. Prior to issuance of a building permit, the proponent shall be subject to site plan review. 3. Cash Park Fee shall be required prior to the issuance of a building permit. 2fiti Since / 'y • ,Cei ) W. M. Crawford, P.E. District Engineer t ' Re e 1, Minnesota Depaninent Of Transportation . District 5 2055 No. Lilac Drive Golden Valley, Minnesota 554-22. February 7, 1983 (612) 545•3761 Mr. Chris Eager, Director of Planning Eden Prairie City Mall 8950 Eden Prairie Road Eden Prairie, MN 55344 In Reply Refer To: 315 S.P. 2744 T.H. 169 Plat review of proposed Peterson Development located at the intersection of CSAH 1 and TM 169 in part of the north half of the south half of the northeast quarter of Section 27, Twp. 116, Range 22 in the City of Eden Prairie, Hennepin County Dear Mr. Enger: We are in receipt of the above referenced plat for our review in accordance with Minnesota Statutes 505.02 and 505.03 Plats and Surveys. We find the plat acceptable for further development assuming no direct access to TM 169 is required for the development. Although this development alone will not adversely affect the existing highway system, as development continues, one can expect increased congestion on TH 169. If you have any questions in regard to this review, please contact Evan Green at 545-3761 ext. 119. Thank you for your cooperation. cc: Gerald Isaacs Metropolitan Council Mike Reiter Hennepin County Surveyor's Office WMC:bn An Equal opportunity Employer " CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA , RESOLUTION #83-43 A RESOLUTION APPROVING THE DEVELOPMENT O F P L A N N E D UNIT DEVELOPMENT WHEREAS, the City of Eden Prairie ha s b y v i r t u e o f C i t y C o d e p r o v i d e d f o r the Planned Unit Development (PUO) o f c e r t a i n a r e a s l o c a t e d w i t h i n t h e C i t y ; a n d , WHEREAS, the American Baptist Homes P U D i s c o n s i d e r e d a p r o p e r a m e n d m e n t t o the Lake Idlewild PUD and the Compreh e n s i v e G u i d e P l a n ; a n d , WHEREAS, the City Planning Commissi o n d i d c o n d u c t a p u b l i c h e a r i n g o n the American Baptist Homes PUD Developm e n t a n d c o n s i d e r e d t h e i r r e q u e s t f o r a p p r o v a l f o r development (and variances) and reco m m e n d e d a p p r o v a l o f t h e r e q u e s t s t o t h e C i t y Council; and, WHEREAS, the City Council did consider t h e r e q u e s t o n 198 ; NOW, THEREFORE, Bv RESOLVED, by th e C i t y C o u n c i l o f E d e n P r a i r i e , M i n n e s o t a , follows: 1. The American Baptist Homes developmen t o f t h e a m e n d m e n t t o t h e L a k e Idlewild Planned Unit Developmen t b e i n g i n H e n n e p i n C o u n t y , Minnesota, and legally described as o u t l i n e d i n E x h i b i t A , a t t a c h e d hereto and made a part hereof. 2. That the City Council does grant PU D D e v e l o p m e n t a p p r o v a l a s outlined in the application material da t e d F e b r u a r y , 1 9 8 3 . 3. That the PliD Development meet the re c o m m e n d a t i o n s o f t h e P l a n n i n g Commission dated February 28, 1983. ADOPTED by the City Council of Eden P r a i r i e t h i s day of , 1982. Wolfgang IT.—Penzel, Mayor ATTEST: John D. Franc, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-44 RESOLUTION APPROVING THE PRELIMINARY PL A T OF AMERICAN BAPTIST HOMES CORPORATE HEAD Q U A R T E R S O F F I C E S I T E BE IT RESOLVED by the Eden Prairie City Cou n c i l a s f o l l o w s : That the preliminary plat of the Amer i c a n B a p t i s t H o m e s C o r p o r a t e H e a d q u a r t e r s Office Site, dated February, 1983, a c o p y o f w h i c h i s o n f i l e a t t h e C i t y H a l l , i s found to be in conformance with the p r o v i s i o n s o f t h e E d e n P r a i r i e Z o n i n g a n d Platting ordinances, and amendments ther e t o , a n d i s h e r e i n a p p r o v e d . ADOPTED by the Eden Prairie City C o u n c i l o n t h e day of , 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Franc, City Clerk '7/%7 Unapproved Planning Commission Minutes of February 14, 1983 Members Present: Acting Chairman Torjesen, Gartner, Marhula, Sutliff B. AMERICAN BAPTIST HOMES. Planned Unit Development District AMencl -nkmt of LakeIdlewild PUD to include proposed American Baptist Homes Corporate Office Building site of 1 acre and existing American Baptist Homes Interim Use site of 1 acre, Preliminary Plat, and Rezoning from Rural to Office, with possible variances, for the American Baptist Homes Corporate Office Building site. Located north, south, and east of Lake Idlewild. A public hearing. Staff reviewed the request of American Baptist Homes for the proposed development and reviewed the Staff Report of February 11, 1983 with the Commission. Tom Heiberg, representing the proponents, reviewed the history of the project with the Commission, explaining the reasons for the requests for amendment to the previous Idlewild Planned Unit Development, and the relationship of the new requests to the Planning Commission Minutes -3- February 14, 1983 previously approved plans. He also discussed in greater detail the condominium arrangements to be made for ownership of the property, as well as recreation advantages which would be afforded the owners of the condominiums. The major changes from the previous PUD included the following: 1) Reorientation of the parking areas; 2) The former clustered approach to the buildings had been changed to three single, larger structures; and, 3) Activity and orientation of the site were changed to focus more on the lake. Mr. Heiberg stated that, at this time, American Baptist Homes would also like the City to consider the extension of the Interim Use site for another three-year period. (The current approval expires May, 1983.) DISCUSSION Marhula questioned whether the proposed development would have negative effects upon the lake. Planner Enger stated that, while Lake Idlewild is designated as public waters, it is not subject to the scrutiny of the City's Shoreland Ordinance. The pond basically exists for the purposes of containing storm water run-off. Gartner questioned what the height of the structures would be upon development. Mr. Heiberg responded that the buildings would be two stories in height, with underground parking. Regarding the parking provided on-site, Mr. Heiberg pointed out that the site provided for 524 spaces, excluding the area designated for "future parking" in the southeast corner of the site. Mr. Bob Kooiman, 7936 Eden Road, stated that he felt the improvement to the property would be an asset to the area, and that he looked forward to completion of the development. Acting Chairman Torjesen questioned what the current zoning of the Interim Use site was. Planner Enger responded that the land was zoned Office, subject to conformance with plans submitted at the time of rezoning. The proposed plans were not in conformance with the approved plans submitted previously. Mr. Heiberg reviewed each of the recommendations of the Staff Report of February 11, 1983, indicating that the proponents would be willing to comply with the majority of the City's requests. Marhula questioned whether the American Baptist Corporate Headquarters site would be included in the condominium association Planning Commission Minutes -4- February 14, 1983 which would be created for the other buildings within the proposal. Mr. Heiberg stated that they would. MOTION Motion was made by Marhula, seconded by Gartner, to continue the public hearing. Motion carried--4-0-0 In further discussion with the proponent's representative, the Commission requested additional information be submitted to clarify the requested amendments to the previously approved Planned Unit Development, as well as clarification of the current requests. Marhula specifically requested elevations of the existing streets be added to the plans already submitted for better comparison to the surrounding properties. 10 ;TAFF REPORT TO: FROM: TIRTUGH: DATE: PROJECT: LOCATION: APPLICANT & FEE 071ER: Planning Commission Stephen Sullivan, Assistant Planner Chris Enger, Director of Planning February 25, 1983 Idlewild Office Center (American Baptist Homes) North, south, and east of Lake Idlewild Land Sake, Inc. This report is to be a supplement to the Staff Report dated February 11, 1983 regarding Idlewild Office Center. The project was continued to enable the proponent to submit a PUD Amendment/Developmental Framework manual in response to the Planning Commission and Staff concerns. Areas of concern were as follows: Architectural Control and Performance Standards The proponent indicates the use of dark, traditional materials, primarily face brick, wood, and glass atriums. Staff recommends that all windows, brick, and wood be the same type and color. The treatment of brick-faced arches around the window shall be maintained. A revised site plan and architectural sections are included in the Development Framework Manual as recommended in the February 11, 1983 Staff Report. The proponent will provide one free-standing site identification sign and each module will have one sign, each sign not to exceed 50 sq. ft. Staff recommends that all module and American Baptist Corporate Headquarters Building signs be wall mounted. All signage shall be of the same type, color, style, and size. The proponent has specified the use of two types of high pressure sodium light fixtures. A pole mounted fixture will be used at the entrances and within the parking areas and a bollard fixture is to be implemented along the pedestrian pathways. Staff recommends that the proponent submit drawings of the lighting fixtures to the City prior to issuance of a building permit. Landscape Performance Standards A landscape master plan addressing screening, plant types, erosion control, and pedestrian circulation is included in the Development Framework Manual. A continuous deciduous hedge with a collenade of deciduous overstory is proposed for the screening of the parking areas. Although the proponent did not submit the size 3 1 Staff Report -2- February 25, 1983 Lake Idlewild Office Center American Baptist Homes and height of the proposed plant material, it appears that a hedge will not screen incoming site lines. West 78th Street and 169/212 are at higher elevations than the proposed site. The proponent had indicated in the original PUB Concept the use of retaining walls with evergreen and deciduous plant material. Staff recomnends that the proponent submit sections with sight lines and elevations from West 78th Street and 169/212 depicting screening of the parking areas and any revisions to the landscape plan prior to the issuance of the building permit. A revised pedestrian pathway system, incorporating a continuous sidewalk along the parking areas to the buildings and adjacent commercial areas, is proposed. Staff recommends the width of this sidewalk be six feet in order to accommodate the overhang of parked cars. A second pathway is proposed along the lakeshore. The proponent has submitted erosion control and slope stabilization information consistent with Staff recommendations. Automobile Circulation The proponent has placed acceleration and deceleration lanes along West 78th Street per Staff's recommendation. Ownership. A condominium association will be established for all buildings within the PUB. The association will be expandable with each project phase. Maintenance, carman areas, pathways, parking lot, etc., will be governed on a pro-rated basis. Formal documentation of the covenants and restrictions for the condominium association shall be submitted to the City for review prior to the issuance of a building permit. RECOMMENDATIONS Staff recomnends approval of the Amended Planned Unit Development, rezoning, and preliminary platting for the American Baptist Homes Corporate Headquarters site, subject to the following: 1. All windows, brick, and wood be of the same type and color. 2. The proponent will provide one free standing site identification sign and each module will have one sign, each sign not to exceed 50 sq. ft. All modules and American Baptist Corporate Headquarters Building signs shall be wall mounted. All signage shall be of the same type, color, style, and size. 3. The proponent shall submit copies of the proposed lighting fixtures to the City prior to the issuance of a building permit. taff Report -3- February 25, 1983 Lake Idlewild Office Center American Baptist Homes 4. The proponent shall submit sections with sight lines and elevations from West 78th Street and 169/212 illustrating the screening of the parking including any revisions, prior to issuance of a building permit. 5. A six foot sidewalk shall be placed along adjacent parking areas. 6. Formal documentation addressing type of ownership, covenants and restrictions, maintenance of common areas, etc., shall be submitted to the City prior to issuance of a building permit. 7. Utility plans, including storm water calculations, be submitted to the Engineering Department and Watershed District prior to final plat. 8. Proponent shall pay the Cash Park Fee prior to building permit issuance. 9. Use of the existing Baptist Homes structure shall be allowed to continue as the structure exists today for an additional three years. Within the three- year period, the proponent shall submit final development plans for construction of the subsequent and final building upon the site. These plans should be developed to assure that the office structure will fit into the overall materials and design theme of Lake Idlewild Office Park. Prior to construction of the new office structure, plans shall be submitted to the City for review by the Planning Commission and City Council. ..1j6.14e. toLevao .745 • CC-REG tryn kat,t, tf,- ol-rtce. 1:_a..1-1D • 6 11 -f10 131.< r -7 14-h 1-5 l'IRK 1 1 - ALICP-1:71•4,1 11•111:1'IMueC.116 - '13'0,24 -• N 77 12 Ort ilk J41_ STAFF REPORT Planning Commission Stephen Sullivan, Assistant Planner Chris Enger, Director of Planning February 11, 1983 Idlewild Office Center (American Baptist Homes) North, south, and east of Lake Idlewild 1. Amended Planned Unit Development of Lake Idlewild PUD to include proposed American Baptist Homes Corporate Office Building site of 1 acre and existing American Baptist Homes Interim Use site of 1 acre. 2. Preliminary Plat and Rezoning from Rural to Office for the American Baptist Homes Corporate Office Building Site. BACKGROUND The site is a combination of the original Lake Idlewild PUD, a one a c r e p a r c e l t o the north and west, and a one acre parcel to the south and west. T h e o r i g i n a l project was previously reviewed and approved for PUD Concept, prelimi n a r y p l a t , a n d rezoning from Rural to Office on 11.51 acres. TO: FROM: THROUGH: DATE: PROJECT: LOCATION: APPLICANT & FEE OWNER: Land Sake, Inc. REQUESTS: LA ILLpP 3 IL! Idlewild Office Center -2- February 11, 1983 'American Baptist Homes) The site is severely constrained by its long, thin, irregular shape, having roads on three sides and a lake to the back. The original Lake Idlewild PUB Concept approval addressed this situation with the following design considerations and conditions: 1. The concept indicates clustered buildings throughout the site, which in turn provides parking in close proximity to the structures. The majority of the open space is then utilized toward the lake, while the parking faces the roads. For this reason, setback waivers were approved along 169/212 and along W. 78th Street providing for the needed parking capacity. 2. The proposed amount of parking is per code. The surrounding roads are elevated above the site and with the decreased setback allowance, screening is a critical factor. The use of extensive retaining walls with berming and plant materials is incorporated to provide the necessary screening of the parking areas. Roof-top mechanical equipment is to be screened. 3. The proposed building clusters are to be connected with a common atrium. Eleven of the thirteen proposed buildings are clustered allowing them to function as four larger buildings while providing for a condominium type ownership and providing a greater amount of common and green space. 4. An outlet elevation control device is to be incorporated with Lake Idlewild at an elevation of 853.5. The site is located within the Major Center Area (MCA) PUB. Since the MCA PUB was adopted as an official planning document in 1973, prior to the enactment of the State Shoreland Management Act, development of this area should be reviewed within the context of the MCA plan. The proposed office use is in conformance with the MCA PUD. The proponent is currently asking for a PUD Amendment based on the initial PUO Concept, which includes two adjacent parcels, revises building types, and orientation. The total area for the revised PUB is to be approximately eight acres. Lake Idlewild is approximately thirteen acres and classified as public waters. The site, with the exception of the proposed American Baptist Homes Corporate Office building site, is zoned Office. The corporate site is currently zoned Rural. EXISTING SITE CHARACTERISTICS The site is bordered to the north by W. 78th Street, to the east by 169/212, to the south by Eden Road, and to the west by Lake Idlewild. Soils on the site are various depths of fill overlying generally suitable soils. Almost all areas indicate the need for corrective measures to provide adequate 311' Idlewild Office Center -3- February 11, 1983 (American Baptist Homes) building foundations; Vegetation within the site consists of mainly meadow grasses with some sa p l i n g s . N o areas of significant overstory, understory, or shrub vegetation are found o n t h e site. The site typically drains from the surrounding roads down to the lake. T h e h i g h point occurs at the intersection of 169/212 and W. 78th Street at an elevat i o n o f 888 with the low point being the lake at a controlled surface elevation of 8 5 3 . 5 . Existing slopes range from approximately 1% to 20%. Proposed grades indicat e s t e e p slopes of 20% to 35% along the waters edge. Staff recommends the use of rip r a p o r retaining walls along the waters edge in areas excessively steep. Proponent shall submit detailed erosion control measures to the City and Wa t e r s h e d District prior to Council action. ORDINANCE RETI1PLIFHTS The Amended Planned Unit Development site plan indicates conformance to s e t b a c k variances approved for the Lake Idlewild POD. Lake Idlewild PUD (Office) Setbacks: 20 ft. from ROW of 169/212 for parking areas 10 ft. from ROW of W. 78th Street for parking areas 30 ft. from outlet elevation of 853.5 for buildings or parking with all finished floor elevations for buildings being a minimum elevation of 858.5 Floor Area Ratio: 0.17 proposed one-story (ground coverage) 0.29 proposed two-story Parking Provided: 524 spaces (104,700 sq. ft.) Office District Setbacks: Front--35 ft. minimum Rear--20 ft. minimum Sides--20 ft. minimum Both sides--50 ft. minimum Floor Area Ratio: 0.30 maximum for one story 0.50 maximum for two story Parking Required: 5 spaces/1,000 sq. ft. The setback of 20 ft. to parking from Eden Road is in conformance with the Ci t y C o d e corner lot zoning provisions. Idlewild Office Center -4 - February 11, 1983 (American Baptist Homes) ARCHITECTURE The proponent has revised the clustered bu i l d i n g t y p e t o l a r g e r s i n g l e s t r u c t u r e d buildings. The revised building type of u s i n g t h r e e l a r g e b u i l d i n g s i n l i e u o f eleven smaller and clustered buildings chan g e s s e v e r a l a s p e c t s o f t h e s i t e p l a n : The clustered approach: ' -creates greater visual interest due to its independent modular sections interrupting the linear space -allows a larger amount of open space towar d s the lake providing ample area for a pedestrian path -allows a greater distance between adjacent b u i l d i n g c o m p l e x e s -allows larger masses of green space to the f r o n t o f t h e b u i l d i n g s The single structured buildings: -accentuate the linear character of the site -interrupts the green space ring around the l a k e -provides less distance between buildings (P h a s e s 2 a n d 3) -provides less green space in front of build i n g s -single structure design is more energy effi c i e n t This approach accomplishes the same floor a r e a n e e d s a s t h e c l u s t e r e d a p p r o a c h , b u t adds a different dimension to ownership. T h e o r i g i n a l P O D i n c o r p o r a t e d c o n d o m i n i u m type. ownership, which provides a cont i n u o u s s w a t h o f g r e e n s p a c e a l o n g t h e lakcshore. Condominium ownership for the a m e n d e d P O D w o u l d b e i n a c c o r d a n c e w i t h the approved original PUB. Formal docum e n t a t i o n a d d r e s s i n g t y p e o f o w n e r s h i p , covenants and restrictions, maintenance of c o m m o n a r e a s , e t c . , s h a l l b e s u b m i t t e d t o the City for review prior to Council action. The proponent has not submitted architectu r a l d r a w i n g s o f t h e r e v i s e d b u i l d i n g s . Architectural renderings have been subm i t t e d f o r t h e A m e r i c a n B a p t i s t H o m e s Corporate Office Headquarters. Staff recomm e n d s a l l a r c h i t e c t u r a l c o m p o n e n t s r e l a t e in a complimentary manner to one another. A d e v e l o p m e n t a l f r a m e w o r k m a n u a l addressing the entire PUD should be establi s h e d f o r e v a l u a t i n g p e r m i t t e d m a t e r i a l s , colors, windows, blank walls, treatment of m e c h a n i c a l e q u i p m e n t , l i g h t i n g , s i g n a g e , etc., prior to Council action. 3 (1 Idlewild Office Center -5- February 11, 1983 (American Baptist Homes) LANDSCAPI NG/SCREENING Screening of parking areas from adjacent roads shall employ the use of retaining walls and berming with plant material per the original Lake Idlewild PUD. • A landscape/screening plan will be required indicating berms, plant materials, and retaining walls prior to Council action. Included in the developmental framework manual should be information regarding landscaping and its components. Special attention should be paid to size, type, amount of plant material, outdoor lighting, signage, topography, etc. An overall planting schedule should be developed to insure mutual use of similar plant types and overall PUD development design criteria. PEDESTRIAN SYSTEM The proponent does not indicate any on-site pedestrian paths other than immediately in front of the building. A path was proposed ringing the lake in the original PUB. Staff recommends the proponent revise the pedestrian circulation to provide adequate access from parking lots to building entrances, from buildings to adjacent commercial areas (i.e. :iardees), and as per the original PUB along the lakeshore. A concrete sidewalk exists along Eden Road to the Interim Use site. Staff recommends that walks be added within the project to tie the proposed office buildings into the City sidewalk system. AUTO CIRCULATION The proponent has maintained the approved auto circulation of the original Lake Idlewild PUD. This includes access and exit locations as well as 30 ft. parking lot drive widths. Due to the high volume of traffic on W. 78th Street, Staff recommends deceleration lanes and acceleration lanes at both access drives. UTILITIES The site will be serviced by City water and sanitary sewer. Water would come into the site off W. 78th Street and 169/212. Sanitary sewer would be run along the perimeter of the site, then north under W. 78th Street to the Metro Interceptor. On-site storm sewer, as shown per the plan, indicates catch basins emptying into Lake ldlewild. Utility plans, including storm sewer calculations, shall be submitted to the Engineering Department, Watershed District, and DNR for review and approval prior to final plat. CASH PARK FEE Proponent shall pay appropriate Cash Park Fee prior to issuance of a building permit. Idlewi ld Off ice Center -6- February 11, 1983 .American Baptist Homes) RECOMMENDATIONS The Planning Staff recommends one of the following alternatives: Return the request to the developer in order to allow him the opportunity t o modify and provide the necessary information for more complete evaluation ; or, Recomnend approval of the PUD Amendment, preliminary plat, and rezonin g subject to proponent meeting the following criteria: 1. Erosion control plan submitted to Engineering Department and Watershe d District prior to Council action. 2. Retaining walls or rip rap be placed in areas with excessive steep slope s along waters edge. 3. Documentation addressing type of ownership, covenants and restriction s , maintenance of common areas, etc., be submitted to the City prior to Coun c i l action. 4. Architectural drawings of revised building types be submitted to City pr i o r to Council action. 5. A developmental framework manual be established for evaluating compliment a r y architectural control, site features, landscape, etc., for the entire Planned Unit Development. Use of the existing Baptist Homes structure should be allowed to continue a s the structure exists today for an additional three years. Within the th r e e year period the proponent shall submit final development plans for construction of the subsequent and final building upon the site. Th e s e plans should be developed to assure that the office structure will fit i n t o the overall materials and design theme of Lake Idlewild Office Park. P r i o r to construction of the new office structure, plans shall be submitted to the City for rev lea by the Planning Commission and City Council. 6. All parking areas will be screened from adjacent roadways. This include s retaining walls with plant material along W. 78th Street and plant materia l and/or borming along 169/212 and Eden Road. An overall planting design shall be submitted to the City prior to Council action. 7. A revised pedestrian circulation plan be submitted to the City prior t o Council action. 8. Acceleration and deceleration lanes be incorporatacd in site plans along W . 78th Street. .0) Idlewild Office Center -7- February 11, 1983 \merican Baptist Homes) 9. Utility plans, including storm water calcula t i o n s , b e s u b m i t t e d t o t h e , Engineering Department and Watershed District prior to final plat. O. Proponent pay the Cash Park Fee prior to building p e r m i t i s s u a n c e . a 0 WEST TSUI ST. I , 'ft.-7_ — .''r.'.;-_-----;._-- 1. raiz,/ "7/1-- ' , —1 ; INDIV:DUAL OFFICE .) .. CONCOM:MUM Win' •...,, I 7 -4--).:-;.;•9Y- _ fi,---,,,-,--“.1 •=a-,.7-7.f;5 TR:UM OWNED SY AOJACENTnZ... OFFICE CONSOMIN:IJMS OVERALL SITE OWNED BY ALL r ©MC' Sg 17,1] En sot- - st% JO- MEMORANDUM TO: FROM: DATE: SUBJECT: Parks, Recreation and Natural Resources Commission Bob Lambert, Director of Community Services February 17, 1983 Development Proposal Checklist for Idlcwild Office Cent e r The Planning Commission reviewed Idlcwild Office Cente r D e v e l o p m e n t P r o p o s a l at their February 14, 1983 meeting and continued this it c m t o t h e F e b r u a r y 28 meeting in order to obtain additional information r e q u i r e d o f t h e d e v e l o p e r . This meeting is scheduled for the March 1 meeting of t h e C i t y C o u n c i l . Attached to this memo is a site plan map provided by the d e v e l o p e r a n d t h e Planning Staff Report dated February 11, 1983. Additiona l i n f o r m a t i o n w i l l be provided by the developer at the February 22 meeting. The major concerns of the Conununity Service Staff regar d i n g t h i s p r o p o s a l tare as follows: 1. Lack of a pedestrain system connecting all of the users o n t h i s 'site to the comercial sites to the south. 2. The reduced amount of open space from the original PUD t o t h i s proposal, especially concerning the set backs from the s h o r e l i n e to the larger buildings, and the increased percentage o f i m p e r v i o u s surface on this site. 3. Due to the large amount of impervious surface and the s t e e p s l o p e s to the lake, Comunity Service Staff is concerned about e r o s i o n control, especially through the construction process. 4. Screening of parking lots and landscaping of this entir e s i t e w i l l be critical in the successful development of this highl y v i s i b l e site. It should be noted that the Department of Natural Resou r c e s d o e s n o t r e c o g n i z e Lake Idlewild as a shoreland management lake. It shoul d b e f u r t h e r n o t e d t h a t intensive development around this lake has always been p l a n n e d i n t h e G u i d e Plan and in the Major Center Area Plan.• This plan has l e s s t h a n h a l f t h e amount of floor area coverage that our ordinance would a l l o w . On Tuesday evening, February 22, the developer should a d d r e s s i f t h i s p r o p o s a l is being sensitive to the treatment of the lakeshorc, as we l l a s a n s w e r i n g some of the previously listed concerns. BL:md MARCH 1,1983 U S POSTAL SERVICE 6. MINNLSOTA MUNICIPAL LIQUORS 6303 DENNIS ANDLRSON 6304 WELCH VILLAGE SKI AREA 6305 STEVE MCGILL 6306 NORTHERN STATES POWER 6307 MINNESOTA SOCIETY ARBORICULTURE 6308 MARK VII SALES 6309 TWIN CITY WINE 6310 MINNESOTA DISTILLERS INC 6311 JOHNSON BROTHERS WHoLESALE 6312 BEER WHOLESALERS INC 6313 CITY CLUB DISTRPUTING CO 6314 COCA COLA BOTTLING CO 6315 DAY DISTRIBUTING CO 6316 EAST SIDE BEVERAGE CO 6317 KIRSCH DISTRIBUTING CO 6318 A J OGLE CO INC 6319 PEPSI COLA/7-UP BOTTLING 6320 THORPE DISTRIBUTING 6321 GRIGGS COOPER & CO INC 6322 OLD PEORIA COMPANY 6323 ED PHILLIPS & SONS CO 6324 WHOLESALE SERVICE CENTER 6325 STATE TREASURER f -'6 DEBBIE ATKINSON 7 MARK DAHL 6328 WADE OWENS 6329 DONALD PAVELKA 6330 COMMISSIONER OF REVENUE 6331 COMMISSIONER OF REVENUE 6332 STATE WIDE SALVAGE 6333 LOGIS 6334 AFTON ALPS 6335 RALPH KRATOCHVIL 6336 STATE OF WISCONSIN 6337 HENNEPIN COUNTY SUPPORT 6338 NASA GIBBS 6339 PRIOR WINE CO 6340 GRIGGS COOPER & CO INC 6341 ED PHILLIPS & SONS CO 6342 OLD PEORIA COMPANY INC 6343 EAGLE WINE CO 6344 INTERCONTINENTAL PCKG CO 6345 TWIN CITY WINE CO 6346 JOHNSON BROTHERS WHOLESALES 6347 MIDWEST WINE CO 6348 PAUSTIS & SONS 6349 MINNESOTA DISTILLERS INC 6350 CAPITOL CITY HIS CO 51 VOID OUT CHECK VOID OUT CHECK 6353 STATE OF MINNESOTA/TREASURER 6354 RAMSEY COUNTY-SHERIFFS DEPT 6355 UNITED WAY OF MINNEAPOLIS POSTAGE MACHINE-CITY HALL CONFERENCE-LIQUOR STORES REFuND-SKI TRIP EXPENSES-SKI TRIP/FEES PAID REFUND-SKI TRIP CONFERENCE-WATER DEPT REGISTRATION-FORESTRY DEPT WINE WINE LIQUOR LIQUOR BEER BEER MIXES BEER BEER BEER BEER MIXES BEER LIQUOR LIQUOR WINE HEAT DAMPERS-PARK MAINTENANCE 4TH QUARTER 82 BLDG PERMIT SURCHARGE REFUND-SKI TRIP REFUND-SKI TRIP REFUND-SKI TRIP REFUND-SKI TRIP . JANUARY SALES TAX JANUARY FUEL TAX 5 WHEELS-PARK MAINTENANCE JANUARY SERVICE EXPENSES-SKI TRIP/FEES PAID INSTRUCTOR-FITNESS CLASSES/FEES PAID SERVICE SERVICE PACKET DELIVERY WINE LIQUOR LIQUOR LIQUOR WINE WINE WINE LIQUOR WINE WINE LIQUOR WINE FEE-POLICE DEPT REIMBURSE RAMSEY CTY CK RECEIVED IN ERROR PAYROLL 2/18/83 575.00 84.00 5.00 560.00 9.50 150.00 15.00 236.45 137.22 1115.80 1999.14 4502.73 2068.00 273.25 2998.19 5259.31 117.67 627.41 335.50 5109.65 963.05 328.18 1240.81 68.28 8293.62 5.00 5.00 5.03 • 3.50 . 7374.02 • 281.06 25.00 . 6045.49 98.00 39.77 80.00 104.00 517.20 • 3090.93 ' 3897.1E .: 1048.13 .• 530.06 12.03 1512.91 2407.27 397.1:' 91.05 1238.02 385.00 0.00:• 15.M 88.00 71.5C 66717.02 21:)3 6356 PERA PAYROLL 2/18/83 15643.35 6357 FroERAL RESERVE RANK PAYROLL 2/18/83 . 6RF,8 CORMISSIONRR OF REVENUE PAYROLL 2/18/83 17932.41 7982.91 .! ) AETNA LIFE INSURANCE CO PAYROLL 7/18/83 MINNLSOIA STATE RETIREMENT SYSTEM PAYROLL 2/18/83 108.0R 40.0) (JUVO 6361 GREAT WEST LIFE ASSURANCE CO PAYROLL 2/18/83 2618.00 6362 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 2/18/83 20946.34 6363 MIKE GOERTEL REFUND-SKI TRIP 3.50 6364 GOVERNMENT TRAINING SERVICE CONFERENCE-POLICE DEPT 75.00 60.00 6365 MINNESOTA CHAPTER IAAI CONFERENCE-POLICE DEPT 6366 MINNESOTA STATE DOCUMENTS CRIMINAL CODE BOOK-POLICE DEPT 245.00 6367 ALCOHOL COUNTERMEASURE SYSTEMS IN 2 PORTABLE BREATH TESTERS-POLICE DEPT 708.50 6368 STUART ALEXANDER FEBRUARY MILEAGE 25.50 6369 AMERICAN PLANNING ASSOCIATION DUES-PLANNING DEPT 95.00 6310 ARA TRANSPORTATION BUS SERVICE-RECREATION DEFT/FEES PAID 837.85 6371 BARRY & SEWALL PAINT-WATER DEPT 159.51 6372 BIG BOBS REPAIR SHOP INSTALL JAIL DOORS-NEW P/S BUILDING 415.00 1 6373 BATHER RINGROSE WOLSFELD JARVIS G -SERUCE-MITORL RD & TECHNOLOGY DRIVE/ 36431.49 -CITY WEST STREETS/SHADY OAK FEASIBILITY/ ANDERSON LAKES PARKWAY/VALLEY VIEW ROAD 6374 LES BRIDGER EXPENSES-POLICE DEPT 20.64 6375 BROWN PHOTO FILM-POLICE &FIRE DEPT 53.40 6376 THOMAS K BROWN EXPENSES-POLICE DEPT -440-4-"" A. 21.86 6377,r BUSINESS FURNITURE INC REPAIR DESK CHAIR-FIRE DEPT --464.20 6378 BUTCR 156.05S BAR SUPPLY SUPPLIES-LIQUOR STORES ,,..,, 6379 CAROLYN CABA REFUND-SWIMMING 11.00 6300 STEPREN CA-A.1;00N MILEAGE 45.50 6 ,R1 CAPITOL ELECTRONICS INC REPAIR 2 WAY RADIO 380.00 7 CARGILL SALT DIVISION SALT-STREET MAINTENANCE 579.35 -.'..j CLUTCH & TRANSMISSION SERVICE INC BRAKE LININGS/RIVETS/BRAKE PARTS 231.27 6384 CHANRASSEN EARN & SPORTS NEW IGNITION-FORESTRY DEPT 99.97 6385, CLUTCH & U-JOINT BuRNSVILLE INC HOSES-PARK MAINTENANCE/HYDRAULIC H0SE.A4o 4. 161.57 . 63861 CODEX COPORATION COMPUTER MODEM-PUBLIC SAFETY q" 4 .,,024°4 3504.28 , 6387 COMUNITY DANCE CENTER INSTRUCTOR-FITNESS CLASS/FEES PAID 970.02 6388 COPY EQUIPMENT INC VELLUM/DRAFTING TAPE/PEN/BLUELINE-ENG DEPT 204.19 6389 CUTLER-MAGRER COMPANY QUICKLIME-WATER DEPT 4030.15 , 6390 WARD F DAHLBERG FEBRUARY EXPENSES 80.00 6391 COMMISSIONER OF TRANSPORTATION -BITUMINOUS INSPECTION-DILL ROAD/PRAIRIE 1597.65 CENTER DRIVE 6392 EUGENE A DIETZ FEBRUARY EXPENSES 150.00 ' 6393 DORHOLT PRINTING & STATIONERY INC OFFICE SUPPLIES 140.01 6394 DRISKILLS SUPER VALU SUPPLIES-COMMUNITY CENTER 296.20 6395 DIRO-TEST CORPORATION LIGHT BULBS-LIQUOR STORE/P V M 236.89 . 6396 EDEN PRAIRIE SCHOOL DISTRICT #272 JANUARY CUSTODIAL SERVICE 1154.38 • 6397 EDEN PRAIRIE TRASHTRONICS JANUARY TRASH PICKUP 275.00 6398 JEFF ELWELL EXPENSES-COMMUNITY CENTER 1.39 6399 JEFFERY EL WELL MILEAGE 10.25 6400 EMPIRE-CROWN/AUTO INC REPAIR DEFROSTER ON SQUAD CAR 16.15 6401 RON ESS HOCKEY & BROOMALL OFFICIAL/FEES PAID 276.00 6402 EXIDE BATTERY SALES BATTERIES-STREET MAINTENANCE 196.74 • 6403 FIRE INSTRUCTORS ASSN OF MINN-CUR TEXT BOOKS-FIRE DEPT 61.00 : 1,4 04 ( 5 VOID OUT CHECK 0.00 FIRST CALL FOR HELP BOOK-SENIOR CITIZENS 9.25 11976176 32o 704.61 133.R/ 91.Rn 97.9R 453.31 12610.On 19.65 10.00 1230.00 162.00 452.R0 15.W 38.1i 20.0u 390.00 22.50 1245.50 35.74 12.00 65.00 1970.00 562.00 20.00 5.00 292.00 867.00 22.00 38.00 70.00 16.17 30.50 9826.90 153.84 228.54 20.00 58.2? 21.95 25.15 32.90 13.60 27.00 42.75 100.00 22720.50 46795.2/ 412.30 157.20 3550.00 7934.63 450.00 97.91 867.12 20.00 40.00 6406 FIRE SAFETY & COMMUNICATIONS CORP 6 HELMET LINERS-FIRE DEPT 640/ Fl R CAPE SUPPLY CO PAINT-COMMUNITY CENTER 6408 WHOLESALE LIGHTING INC LIGHT BULBS-WATER DEPT r 1 IRONTIER lUmBER & HARDWARE ADHESIVE/BASEBOARD-WATER DEPT L J GENIRAL CUMNICATIONS INC RADIO REPAIR-EQUIPMENT MAINTENANCE 6411 GENERAL ELECTRIC CO 10 CITY RADIOS 6412 JACK HACKING EXPENSES 6413 HENNEPIN COUNTY FIRE CHIEFS ASSOC DUES-FIRE DEPT 6414 HENNEPIN COUNTY FINANCE DIVISION 30'g RENT PAID IN LIEU OF TAXES 6415 HENNEPIN COUNTY REPRODUCTION OF MAPS-ENGINEERING DEPT 6415 HENNEPIN COUNTY TRAFFIC TICKET FORMS-POLICE DEPT 6417 HI-Fl SOUND ELECTRONICS REPAIR TAPE RECORDER-BOARD OF APPEALS 6413 rovGEs BADGE COMPANY INC RIBBONS-DOG OBEDIENCE CLASSES/FEES PAID 6419 SANDY HOFFMAN REFUND-ICE TIME 6470 HOI..M,STEN ICE RINKS INC REPLACE Pt FXAGLASS PANELS-ICE ARENA 6421 HUB OFFICE PRODUCTS CO SHEET PROTECTORS-POLICE DEPT 6472 IMPRESS COMPANIES BUSINESS CARDS-POLICE DEPT 6423 INTERSTATE DETROIT DIESEL ALLISON TREE SKIDDER PARTS-FORESTRY DEPT 6424 INTERNATIONAL ASSOC OF ASSESSING SUBSCRIPTION-ASSESSING DEPT 6425 I A A 0 DUES-ASSESSING DEPT 6426 I B M SERVICE AGREEMENT-TYPEWRITERS 6427 I B M SERVICE AGREEMENT-POLICE DEPT 6428 ITASCA EQUIPMENT CO EQUIPMENT PARTS-STREET DEPT 6429 JERRY SUPER VALU#5183 SUPPLIES-KIDS KORNER 6430 CHRIS JESSEN FOOTBALL & BASKETBALL OFFICIAL/FEES PAID 6431 JIM WAITERS PAPERS XEROX PAPER 6432 JEAN JOHNSON MILEAGE 5433 K & K HEATING REFUND-BUILDING PERMIT KLEVE HEATING & AIR CONDITIONING REPAIR FURNACE-FIRE DEPT MICHELLE LACOORSE REFUND-SKATING 6436 LAHASS MEG & SALES INC REPAIR SNOW PLOW CONTROL-STREET MAINT 6437 LANG PAUL? & GREGERSON LTD DECEMBER LEGAL SERVICE 6438 LEIF BROTHERS INC JANUARY SERVICE/RUGS 6439 LIBERTY ENVELOPE CORP ENVELOPES-WATER & SEWER BILLING 6440 SUSAN LINDHOLM REFUND-POST-NATAL CLASSES 6141 LYMAN LUMBER COMPANY LUMBER-CITY HALL REMODEL 6442 PHILIP MATHIOWETZ EXPENSES-FIRE DEPT 6443 JAMES MATSON EXPENSES-POLICE DEPT 6444 mOGLYNN BAKERIES COOKIES-POLICE DEPT 6445 BOO MCLAIN REFUND-EXERCISE CLASS 6446 METRO PRINTING INC PRINTING-PARK PLANNING 6447 METROPOLITAN FIRE EQUIPMENT CO OXYGEN-FIRE DEPT 6448 METROPOLITAN LOSERS GROUP SERVICE-FISCAL DISPARITIES 6449 METROPOLITAN WASTE CONTROL COMMIS JANUARY 83 SAC CHARGE 6450 METROPOLITAN WASTE CONTROL COMMIS MARCH SEWER SERVICE 6451 MIDLAND PRODUCTS COMPANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 6452 MID-STATES PETRO PRODUCTS INC GREASE-STREET DEPT 6453 MINI GYM EXERCISE EQUIPMENT-COMMUNITY CENTER 6454 MINNEGASCO SERVICE 6455 MINNEAPOLIS ST PAUL METRO AIRPORT LAND RENTAL-FLYING CLOUD FIELDS 6456 MINNESOTA FIRE INC PARTS FOR BREATHING TANKS-FIRE DEPT 6457 MINNESOTA PLAYGROUND INC 8 SAND URNS-COMMUNITY CENTER 6458 MINNESOTA STOIC DOCUMENTS CENTER BOOKS-LIQUOR SIORE/PRESERVE 1 MINNESOTA STATE FIRE CHIEFS ASSOC DUES-FIRE DEPT 11529838 6460 MjNIC1-PALS ASSOCIATION DUES 5.00 641 MICHAEL NEWMAN REFUND-SKATING 8.00 .6 NOREN PRODUCTS INC 6 RED LIGH1S-POLICE DEPT 405.64 646J NORTHERN STATES POWER SERVICE 17943.44 N W BELL TELEPHONE CO NORTHWESTERN NATIONAL BANK OF MPL CURTIS OBERLANDER OFFICE ELECTRONICS INC PIONEER RIM & WHEEL CO DIANE POLLEY PRAIRIE OFFICE PRODUCTS INC CHOCK PUFAHL DAVID RAQUET CITY OF RICHFIELD RIDGE DOOR SALES CO OF MINNESOTA ROBERTS DRUG JOHN RYSKI MIKE SALENTINE SALLY DISTRIBUTORS. DALE SCHMIDT SHERIFFS DEPT-HENNEPIN COUNTY RICHARD SCHWARZ/NEIL WEBER STEVEN SINELL SON OF A PRINTER INC SOUTHDALE FORD SOUTHWEST SUBURBAN PUBLISHING INC SOUTHWEST SUBURBAN PUBLISHING INC SPORTS WORLD-EDEN PRAIRIE STANDARD SPRING COMPANY TIERNEY BROTHERS INC CARRIE TIETZ TRIARCO ARTS & CRAFTS DOUGLAS TRIPP UNIFORMS UNLIMITED UNITED STATES SALT INC CINDY UNOWSKY VALLEY EQUIPMENT CO VARDA SILENT ALARM VIKING LABORATORIES INCORPORATED WALOOR PUMP WALL STREET JOURNAL WATERITE INC WATER PRODUCTS COMPANY SCOTT WEINZAPFEL WESTDDRNE SUPPLY INC WEST CENTRAL INDUS1RIES INC JOSEPH A WIETHOFF WILSON TANNER CORPORATION XEROX CORPORATION YOU AND ME BABY /EP W,NDFACTURING COMPANY ZIEGLER INC SERVICE 2979.50 SERVICE 834.72 EXPENSES-POLICE DEPT 20.81 CRT PAPER-POLICE DEPT 226.68 FRAME-EQU1PMENT MAINTENANCE 34.03 REFUND-BABY CLASSES 13.00 OFF10E SUPPLIES-COMMUNITY CENTER 6.62 SPORTS OEFICIAL/FEES PAID 780.00 CLIPS/WRENCH-EQUIPMENT MAINTENANCE 40.93 DISPATCHING SERVICE/1ST QTR 83-POLICE DEPT 7625.00 REPAIR FIRE STATION GARAGE DOOR 145.00 SUPPLIES-POLICE DEPT 16.80 BASKETBALL OFFICIAL-FEES PAID 72.00 HOCKEY OFFICIAL-FEES PAID 48.00 TABLE TENNIS EQUIPMENT-COMMUNITY CENTER 38.21 EXPENSES-STREET DEPT 149.42 RADIO RENTAL-POLICE DEPT 6000.86 • ARCHITECTURAL FEES-STARING LAKE PARK 1337.50 EXPENSES-ASSESSING DEPT 6.25 PRINTING-POLICE DEPT 80.14 3 NEW SQUAD CARS 25626.51 • PRINT HAPPENINGS NEWSLETTER 930.00 ADS-LIQUOR STORES/LEGAL ADS 450.45 UNIFORMS-COMMUNITY CENTER 3524.41 NEW SPRINGS ON SQUAD CARS 741.60 SERVICE AGREEMENT ON KROY MACHINE 75.00 SERVICE-PARK & RECREATION MEETING 36.75 : CONSTRUCTION PAPER-KIDS KORNER 6.55 • BASKETBALL OFFICIAL-FEES PAID 144.00 . SHIRTS/JACKETS/PARKAS/RED LIGHTS & SIRENS 15572.65 DEICING SALT-STREET DEPT 2263.35 . INSTRUCTOR-MUSIC PROGRAM/FEES PAID 105.0 - FILTER-EQUIPMENT MAINTENANCE 12.15 REPAIR RADIO ALARM-POLICE DEPT . CHEMICALS-COMMUNITY CENTER 44.75 FLOAT-SEWER DEPT 170.0:1 SUBSCRIPTION-FINANCE DEPT 94.W , • PARTS FOR.PUREX PUMP-COMMUNITY CENTER 25.52 METERS-WATER DEPT 1077.02 BASKETBALL OFFICIAL-FEES PAID 168.GL, FAUCET-COMMUNITY CENTER LATH STAKES-ENGINEERING DEPT 440,9:: VOLLEYBALL & BASKETBALL OFFICIAL-FEES PAID SIGNS-COMMUNITY SERVICES 150.0. - SERVICE 287.0' BOOKS-COMMUNITY CENTER 24./! : CHEMICALS-STREET MAINTENANCE 110.55 STARTER-EQUIPMENT MAINTENANCE 230.(i • 6464 6465 6466 6467 6468 6469 6470 6471 6472 6473 6474 6475 6476 6477 6478 6479 6480 6481 6482 6483 g"114 6486 6487 6488 6489 6490 6491 6492 - 6494 6495 6496 6497 6498 6499 6500 6501 6502 6503 6504 6505 6506 6507 6508 '509 10 6511 9157387 TOTAL 39i,351. i The Parks, Recreation and Natural Resources Commission Robert Lambert, Director of Community Services Charles J. Pappas, Community Center Manager/1 /(j ' February 22, 1983 MEMORANDUM _ TO: THROUGH: FROM: DATE: SUBJECT: Adult Open Skate EDEN 1:7-1AIRCE lc:Jr-H=1' COMMUNITY CENTER fT.1.1 ,f 16700 VALLEY VIEW ROAD / EDEN PRAIRIENN 55344 / TELEPHONE(612)937 -8727 ATHLETIC COORDINATOR: 937-9894 Over the past few mJnths, staff has received numerous requests for an adult skate session during prime time hours. Many adults, that staff has discussed this with, feel that adult attendance would more than justify the use of prime time hours strictly for adults. It is proposed that this session would be on Thursday evenings from approximately 7:00 pm to10:00 pm. Only adults, ages 18 years and above, would be allowed. Cost would be $2.00 per session per adult or by Community Center Ice Skating membership. The format of the session would be one of easy listening and dance music. The emphasis would be on pleasure and dance skating in the hopes of attracting pair skaters and instructors. Fast and reckless skating would not be allowed and would be supervised by the adults in attendance and the supervisor of the building. Adult speed skaters would be allowed if they followed the skating format, no pacing or racing would be allowed. Staff proposes this session on a trial basis to see, if in fact, enough adults would participate. The trial would run from the end of March to mid June and begin again in September to approximately mid October. At this point, en evaluation and recommendation would be made as to whether or not the session should continue. Staff requests authorization of the skating format and trial time. CJP:cp TO: Mayor and City Council THROUGH: Carl Jul lie, City Manager FROM: Eugene A. Dietz, Director of Public Works DATE: February 24, 1983 RE: Water Meter Bids Two bids were received on February 24 for a new supply of water meters for the coming year. Water Products (Rockwell Meters) submitted the low bid of $28,820. Davies Water Equipment Co. (Neptune Meters) submitted a bid in the amount of $32,900. Although we don't believe the Davies bid to be responsive to the specifications, the question is not relevant since they were not the low bidder. I therefore recommend that the contract be awarded to Water Products Company in the amount of $28,820. EAD:sg March 1,1983 CITY OF HIEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-48 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an adVertiscment for bids for the f o l l o w i n g improvements: I.C. 52-044, Water Meters bids were received, opened and tabulated according to l a w . T h o s e b i d s r e c e i v e d are shown on the attached Sum;nary of Bids; and • • WHEREAS, the City Engineer recommends award of 'contract to Water Products Company as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie C i t y C o u n c i l as follows: The Mayor and City Manager are hereby authorized and d i r e c t e d to enter into a contract with Water Products Company in the name of the City of Eden Prairie in the amount of $28,820.00 in accordance with the plans and Specifications thereof approved by the Council and on file in the office of the City Engineer. ADOPTED by the Eden Prairie city Council on March 1, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. franc, City Clerk 0 .CONNOFR S. HANN A N AI IORNEYS AT LAW US 'OWEIR HO SOUTH flIGHTH SIRE ET MINNFAPOLIS, MINNESOIA 55402-2554 K,,) 341 1200 29 ,584 S....". 630 ,7,7' 687 n •00 MAR 1. 9 .8 February 28, 1983 Mr. Carl jullie City Manager 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Carl: Thank you for informing us of the City Council's interest in examining the possibility of refunding the General Obligation Tax Increment Bonds of 1982. As Bill McGrann and I mentioned to both John Franc and you during our mooting in your office on February 8, we have been following the refunding issue closely and discussing it regu- larly with your fiscal consultant, Bill Fahey. O'Connor & Hannan recommends that the General Obligation Tax (ncicment Bonds of 1982 be refunded in light of declining intrest rates and changing legal status for advance refunding. ihAcever, the critical issue here is not whether to refund but wllc,n and in what manner the refunding should be done. As the City's bond counsel for tax increment financing, we have lwen watt:Iling closely the legal developments in the area of advance refunding. As you are aware, the Department of the Ii e,tsury in 1978, in an effort to reduce the number of refund- ings being done by states and municipalities, changed its offi- cial position regarding the calculation of bond yield for pur- poes of the arbitrage provision of the Internal Revenue Code. For purpo:;os of computing the bond yield, Treasury announced that administrative costs should not be taken into account and that the purchase price would henceforth be the initial offer- ing price to the public. Treas. Reg. §1.103-13(d)(1) and (d) (2) (effective September 1, 1978). By disallowing administrative Mr. Carl ,Jullie February 28, 1983 Page 2 costs and discount costs in the calculation of the bond yield, Treasury was of fective in neutralizing any incentive for an issuing unit of government to do advance refunding. in 1979, the Si it.er of Washington informed the Internal Revenue service (NS) that the State of Washington intended to refund outstind dog revenue bonds because of a change in state law that would allow the Stale of Washington to issue general obligation bonds instead, thereby receiving a lower interest rate and requested the IRS to allow the State to include both discount and administrative costs within the costs of issuance for purposes of calculating the bond yield. When the IRS refused, the State of Washington filed a declaratory judgment action in the United States Tax Court against Treasury. The State of Washington won. State of Washington, 77 T.C. No. 48 (1981). Treasury appealed the case to the United States Court of Appeals of I) .C. which affirmed the decision of the Tax Court. The IRS did not file a further petition and it appeared that the State of Washington case established that the issuer's admini- st rat Lye costs of issuance (including underwriter's discount) could be deducted from the principal amount of the bonds for purposes of raking the arbitrage yield calculation. Since that time, the IRS has stated to the press that if any issuing units of government do advance refundings in reli- ance on the State of Washington case, they will determine that the bond interest will be taxable to the bondholders. More expl icitly, the IRS has impl led that an issuer attempting a refunding is potentially buying a law suit and the IRS has con- veyed that it :nay attempt to relit igate the State of Washington issue in •a Ii fferent Court of Appeals, taking the position that Treasury is not bound by the prior decision. It is in light of this position by Treasury that we are men it or ing the advance refund i rig issue. Therefore , we do not that the City of Eden Prairie proceed with an advance refunding until the legal status of the issue is clarified. The Nat ional Association of Bond Lawyers is bringing pressure to hear on Treasury to give notice of acquiescence to the court f inding or to publish regulations relating to advance refunding. We expect this i ssue to be resolved in the foreseeable future. In addition to the above described legal issue, the City will wish to time its advance refunding to benefit from the lowest interest rates possible as well as by using a method of refunding that will maximize the financial benefit to the City. Mr. Carl Jullie February 28, 1983 Page 3 We recommend that the City not proceed further without consul- tation with the City's fiscal consultant as to favorable timing and method of refunding. Bill Fahey has been examining alter- native methods of advance refunding and discussed with us re- cently the advisability of using the cross-over method of refund- ing that would allow the City to issue fewer bonds than previ- ously issued at substantial savings to the City. We would be happy to meet with the Council and/or staff on this matter to further discuss the legal issues involved as well as the need to time the advance refunding and to use a method of refunding that maximizes the benefit to the City of Eden Prairie. Sincerely, 44.2 Vf/a..44 Arlin B. Waelti .14? ABW/pf