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HomeMy WebLinkAboutCity Council - 05/17/1983 1n EDEN PRAIRIE Q CITY COUNCIL AGENDA I4 P .UESDAY, MAY 17, 1983 7:30 PM, CITY HALL COUNCii '1EMBERS: �`A Mayor Wolfgang Penzel, Richard Anderson, .fr , �y George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: / City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Franc; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES FROM THE CITY COUNCIL MEETING HELD TUESDAY, MAY 3, 1983 Page 799 III. CONSENT CALENDAR A. Approve plans and specifications and authorize bids to be received Page 813 for street improvements on Brookview Circle Creekridge Estatesj,` I.C. 52-040 (Resolution No. 83-102) • B. MWCC Permit Application, Factory Outlet Centre (Resolution No. 83- Page 814 103) C. Final Plat approval for Portnoy's 2nd Addition (Resolution No. Page B15 83-94) D. Final Plat approval for Woodlawn Heights Addition (Resolution Page 847 No. 83-105) E. Final Plat approval for Maple Leaf Acres 10th Addition.(Resolution Page B20 No. 83-106) F. Reissue Lost Bond (#37) to Gilbert Jacobson, (Resolution No. 83-110) Page 823 G. 2nd Reading of Ordinance No. 8-83, rezoning from Rural to 1-2 Park, Page B27 Approval of Developer's Agreement for Dak Park Business Center and Adoption of Resolution No._83-9giApprovinq Sunxnar,y of Ordinance No. 8-83, and Ordering the Publication of said Summary for Oak Park Business Center. One Industrial Lot at Washington Avenue and Valley View Road Ordinance No. 8-B3 - rezoning; Resolution No. 83-99 - approving Summary) H. 2nd Reading_of Ordinance No. 15-83, rezoning from Rural to C-Regional Page 842 Service_PUD,Approval of Developer's Agreement for Factory Outlet Centre and Adoption of Resolution No. 83-90, Approving Sunmary of City Council Agenda - 2 - Tues.,May 17, 1983 Ordinance No. 15-83, and Ordering the Publication of said Summate for Oak Park Business Center. One lot and three outlots at NW Quadrant of I-494 & Highway 57-7Ordinance No. 15-83 - rezoning; Resolution No. 83-90 - approving summary) I. Railroad License for sanitary sewer crossing at Edenvale Boulevard Page 863 & Chicago & NW Tracks, I.C. 51-356 J. Set sale date of June 7, 1983 at 10:3D AM for refunding of the Page 868 $18,000,000 General Obligation Tax Increment Financing Bongs esolution No:83-111) K. Set sale date of June 7, 1983 at 10:30 AM for refunding of General Obligation Iyiovement Bonds (Resolution No. 83-112) • L,, Resolution requesting a hearing before Mn/OOT for a public Page 869 grade crossing_of Edenvale Boulevard over Chicago & NW Railroad Tracks (Resolution No. B3-113) IV. PUBLIC HEARINGS A. BRYANT LAKE OFFICE/TECH CENTER by Welsh Corporation. Request for Page 870 PUD Amendment, with variances, rezoning from C-Regional Commercial to Office, and preliminary plat for 7.94 acres for office/service storage facilities. Location: County Road 60 (Valley View Road) and Market Place Drive. (Drdinance No. 2D-83 - rezoning; Resolution No. 83-1D8 - preliminary plat) B. LIDN'S TAP. Request for zoning of five acres from Rural to Highway Page 892 Commercial for use as a restaurant. Location: north of Highway 169/212, west of County Road 4. (Ordinance No. 19-83) C. LORENCE ADDITION by Associated Investments, Inc. Request for Page 915 comprehensive guide plan change from low to medium density for , rezoning from Rural to RM-6.5 for 4.725 acres for 31 condominium units. Location: Duck Lake Road and Valley View Road. (Resolution No. 83-109 - comprehensive guide plan change; Ordinance No. 21-83 - rezoning) D. AMENDMENT TO DEVELDPMENT DISTRICT NO. 1 AND AMENDMENTS TD TAX Page 922 INCREMENT DISTRICT NOS. 1, 2, 3 and 4 AND ADOPTION OF TAX INCREMENT DISTRICT NO. 5 (Resolution Nos. 83-100 and 83-101) V. PAYMENT DF CLAIMS NOS. 7379 - 7651 Page 933 VI. REPORTS OF ADVISORY COMMISSIONS VII. ORDINANCES & RESOLUTIONS - A. First consideration of an ordinance establishing a fee for connecting Page 939 to t e sanitary sewer and water system Urdinance No. 18-83) VIII. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Naegele Outdoor Advertising Company for review of Page 944 , sign ordinance IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members City council Ayond. - 3 - Tues.,Muy 17, 19t+.i B. Report._of City Manajjer • C. Report of City Attorney D. Report of Director of Community Services 1. Discussion on Park Fee Policy Page 946 2. Request from the Lion.'s Club Page 957 3. Approval of bids for air conditioning at the Community Center E. Report of Finance_Director f, 1. Clerk's License List Page 959 X. NEW BUSINESS X1. ADJOURNMENT. • • UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, MAY 3, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H, Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, City Forester Stuart Fox, and Recording Secretary Karen M. Michael INVOCATION: Mayor Wolfgang H. Penzel PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I. DONATION FROM SCOTT THOMPSON Scott Thompson, a junior at Eden Prairie High School, member of the Eden Prairie High School Hockey Team, and an employee at the Eden Prairie Community Center, presented an original piece of his art work to Mayor Penzel, Penzel accepted the work, which is to be hung at the Community Center, on behalf of the citizens of Eden Prairie. Thompson is the son of Pat and Judy Thompson, 18965 Deerfield Trail. Penzel noted the frame and matting for Scott's art work was donated and assembled by T. Williams at the Prairie Village Mall, II. PRESENTATION OF TREE CITY U.S.A. AWARD Stuart Fox, City Forester, presented the Tree City U.S.A. Award which the City had been awarded by the National Arbor Day Foundation to Mayor Penzel, Fox noted this is the second year the City has received this award which was presented to Fox and Councilman Bentley at a ceremony at the State Capitol on April 29, 1983, by Governor Perpich and DNR Commissioner Alexander, Penzel noted it was largely the result of City policies and Staff implementation that this award has been granted to the City of Eden Prairie, III. APPRDVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following items were moved from the regular Agenda to the Consent Calendar: V. J. Community Development Block Grant (Resolution Nos. 83-87 and 83-88) - was formerly X. D. 1.; V. K. Staring Lake Park Trail construction phases - was for- merly X. E. 2.; V. L. Community Center membership qualifications - was formerly X. E. 5. MOTION: Redpath moved, seconded by Tangen, to approve the Agenda and Other Items , of Business as amended and published, Motion carried unanimously, City Council Minutes -2- May 3, 1983 IV. MINUTES FROM THE CITY COUNCIL MEETING HELD TUESDAY, APRIL 19, 1983 Page 12, line 2 of IX. A. 1.: add "annually" following $4,000. Page 12, IX. B., line 2: change "pre-trail" to "pre-trial." MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, April 19, 1983, as amended and published. Motion carried unanimously. V. CONSENT CALENDAR A. Ivers Property Division B. Final Plat for August Addition (Resolution No. 83-95) C. Change Order No. 7, City Services Project D. Clerk's License List E. Request to approve advertisement for bids for the installation of air conditioning at the Community Center F. Approval of final settlement for park parcel - Anderson Lakes Regional Park G. Final approval for Municipal Industrial Development Bonds for Lake Ridge Asso- ciates (George Konik) - Resolution No. 83-96 for $425,000.00 and Resolution No. 83-97 for $84,940.00 H. Approval of City Insurance for 1963 - 19B4 I. Resolution honoring the Jaycees for their participation in the reforestation program (Resolution No. 83-93) J. Community Development Block Grant (Resolution Nos. 83-87 and B3-88) - formerly X. D. 1. K. Staring Lake Park Trail construction phases - formerly X, E, 2, L. Community Center membership qualifications - formerly X. E. 5. MOTION: Redpath moved, seconded by Tanaen, to approve items A - L on the Consent Calendar. Motion carried unanimously. VI. PUBLIC HEARINGS A. BLUFFS EAST by the Bluffs Company, Request for Planned Unit Development Dis- trict Review for mixed residential uses on 44 acres,_zoninn amendment for 6 acres for 40 townhouse units, rezoning of,approximately 14 acres from RM 6.5 to R1-9.5 and 24 acres from Rural to R1-9.5; and preliminary plat of 44 acres for 90 single family detached units, 40 townhouse units and outlots, Location: west of Franlo Road, south of County Road 1, (Ordinance No. 14-83 - rezoning, and Resolution No. 83-89 - preliminary plat) a goo City Council Minutes -3- May 3, 1983 City Manager Jullie stated notice of this Public Hearing was published ,{ and notices had been sent to property owners within the project vicinity. +l i Wally Hustad, proponent, addressed the single family portion of the proposal. Richard Zejdlik, representing Baton Corporation, spoke to the multi-family proposal, which will be MHFA financed allowing for lower interest rates. Planning Director Enger noted the PUD had been reviewed by the Planning Commission at its April 11, 1983, meeting and it had reviewed the proposal regarding the multiple site at its meeting on April 25, 1983. The Commission had recommended approval subject to the recommendations contained in the April 8 and April 22 Staff Reports. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this at its April 18, 1983, meeting at which time it recommended approval subject to the recommendations included in the Staff Report. The Parks, Recreation & Natural Resources Commission reviewed only the single family development because there was no significant concern regarding the multi family development. Penzel called attention to a letter which had been received from Bob McDonald, owner of adjacent property, That and a letter from Mary P. Wagner, also a property owner in the vicinity, are attached to these Minutes. Penzel asked what use the Guide Plan shows for the McDonald property. Enger said it shows it as being used for low density single family. Enger noted the McDonald property will have access from the west off of Blossom Road. Penzel asked about the property to the southwest. Enger said that property belongs to Sally Brown and has access to Bennett Place. Lloyd Erickson, consultant from RCM, addressed the street system. Penzel expressed concern about the adequacy of the visitor parking spaces in the multi family area. Enger noted the City is suggesting something similar to that in the Burning Tree area off of Mitchell Road. Penzel said he would like to see more parking required. Zejdlik stated since there will be MHFA financing for these units, they are intended for first time home owners who probably will not be able to afford more than two cars. Bentley inquired as to why a phased grading plan was not recommended. Enger said because of the rolling terrain complete grading will be necessary so the street system can be put in. Bentley said he was concerned because of the length of time Bluffs West has remained graded but unbuilt. Hustad said the building of the homes is being phased and is dependent on the success in marketing the homes, not all of the lots will be "opened" at once. Anderson asked where the nearest park is. Lambert said there will be a park across Franlo Road which is not yet developed. Anderson asked how this plan fits in with the Purgatory Creek study. Enger said this area is outside of the Conservancy Area and the Transition Zone, got City Council Minutes -4- May 3, 1983 Bentley asked about the location of the drainage pond which is located on ( adjacent property. Enger said the pond is located in the southeast corner of McDonald's property. Enger said Staff had suggested to the developer that he would have to work something out with the property owner. The storm sewer will be brought in from the north across County Road 1. The j McDonald pond will then become the outlet for that pond. Hustad will have to get permission from McDonald before construction plans can begin. Penzel said residents north of County Road 1 have expressed concern about the pond and have been assured there would be a storm outlet for that pond. He said action is needed on that commitment; he shares the concern of the residents. Bentley said his concern is relative to the fact the Ordinance says all storm E water drainage must be stored on site or put into the existing City storm sewer system and that is not being fulfilled, Redpath said the only place for drainage for McDonald's parcel is to the pond in the southeast corner of his property and this should be taken into consideration also. Jullie said this would have to be resolved by the two parties or the City might have to become involved. Hustad stated he does not intend to put water onto the { McDonald property without permission. • 1 MOTION: Redpath moved, seconded by Bentley, to close the Public Hearing and 1 to give 1st Reading to Ordinance 14-83, rezoning. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-89, i approving the preliminary plat of Bluffs East for the Bluffs Company and to direct Staff to prepare the Developer's Agreement taking into consideration 1 the recommendations included in the Staff Report and those of the Planning I Commission and the Parks, Recreation & Natural Resources Commission as well as the continents of the Council this evening: the necessity of storm sewer 1 plans, additional parking to be provided in the multi family area, and the provision for phased grading, Motion carried unanimously, B. FACTORY OUTLET CENTRE by Amcon Corporation, Request for Planned Unit Develop- ment District Review for a shopping mall, with possible variances and Zoning 1 from Rural to C-Regional Service on 16,2 acres, and preliminary platting of 27.6 acres into one lot and three outlots. Location; south of Valley View Road, west of I-494. (Ordinance No. 15-83 - rezoning/PUD and Resolution No, 83-91 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and notices had been sent to property owners in the project vicinity. Kenneth Karl, Factory Outlet Centre, and Pat Gannon, Amcon Corporation, were present and addressed the proposal. Planning Director Enger noted the Planning Commission had reviewed this proposal at its March 28, 1983, and April 11, 1983, meetings at which time it voted to recommend approval subject to the recommendations included in the Staff Report and the additions as noted in the Planning Commission Minutes. Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its April 18, 1983, meeting at which time it had voted to recommend approval subject to the recommendations included in the Staff Report. The main concern of the Parks, Recreation & Natural Resources Commission was the screening of the parking lot. City Council Minutes -5- May 3, 1983 Bentley asked about the widening of Plaza Drive. Enger explained it would become three-lanes wide at the entrance to Menard's which would allow for left turn lanes and would become four-lanes wide in the area between Menard's and the Factory Dutlet Centre. He noted that four-lanes are not necessary on the entire Drive because the volume will not be that heavy once Valley View is completed and the left and right turn lanes will accommodate the turning movements and cross traffic patterns. Bentley noted that every other community has four-lane roads and Eden Prairie does not require them. There was discussion of the berming which Menard's will be expected to do to the west of the proposed project. Penzel called attention to the letter from John Teman and Bruce Bermel dated May 3, 1983, (see attached) regarding the type of building which is proposed to be constructed. Penzel stated the tone of the quality of the neighborhood is dictated by what has been permitted originally. The buildings in the area have been built with brick; a high standard has been set and the pattern should continue. Gannon expressed concern that putting brick on the building would create problems in the time table which had been established; they hope to have the building open November 1st. There was discussion on how to expedite building and have it brick also. Redpath suggested one possibility might be to allow Amcon to begin work on the project this week; this due to the fact that not much grading would have to be done because the site is already graded. Karl said he has never had any complaints regarding his other centres. He said he would like to place more landscaping around the building; the building is already 90% leased and more than 5200,00D in costs have been added already. He said he must make absolutely sure that the time frame is not jeopardized. George Nelson, attorney representing four Topview landowners, said his clients are concerned about the berming which will screen the Topview area homes from the commercial development. He noted a second concern as that of the new Top- view connection between old and new Valley View Roads and the 20 foot earth berm which is to be constructed. He asked that this berm be blended so there would not be a 20' drop. Nelson said they will be monitoring the decibel levels in the area. Nelson said he would like to have the concerns of the residents addressed in the Developer's Agreement. He asked if he could review the Develop- er's Agreement before it is finalized so as to ascertain whether or not the con- cerns of the residents have been addressed. Penzel noted that Menard's would have to be a party to the Developer's Agreement since they are still the owners of the property in question. Penzel said he would suggest that once the Developer's Agreement is drafted and ready it be distributed for review and comment by Nelson. Gannon said he was concerned about the sign issue. Discussion ensued as to the height of the sign. Tangen asked how the sign was to be lighted; his particular concern was in regard to the sign's proximity to the Topview neighborhood. Enger said the sign would be top lit and Staff had given consideration to the residents. Penzel said he would like to see a cross-section which would show the variables under consideration; these cross-sections could then be included in the Developer's Agreement. 933 City Council Minutes -6- May 3, 1983 ) Penzel asked City Attorney Pauly how the Council would proceed if it decided to accommodate the developer by permitting preliminary grading, allowing footings to be installed and whatever prior to 2nd Reading. Pauly said a resolution authorizing the grading with the proviso that it would not prejudice further action of the plat would be in order. Penzel said that would then indicate that nothing is guaranteed until the 2nd Reading and the Developer's Agreement is signed. Redpath noted that a resolution of this nature would allow the develop- er to begin tomorrow instead of waiting two weeks; this would then enable the developer to put brick on the building and still meet his time table. Gannon said the big thing is preparing the pad for the building. Pauly said he would remind everyone that there is another party involved - Menard's - and the City has sometimes had problems in expediting matters with them. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to give 1st Reading to Ordinance No. 15-83, rezoning. Motion carried unani- mously. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-91, approving the preliminary plat of Factory Outlet Centre for Amcon Corporation. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to direct Staff to proceed with drafting the Developer's Agreement taking into consideration the recommendations included in the Staff Report; those of the Planning Commission and the Parks, Recreation & Natural Resources Commission; and those of the City Council, with special consideration given to the brick exterior, the commitment on the part l of Menard's regarding the berming along Old Valley View Road, and clarifica- tion of the sign issue. Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-98, instructing City Staff to authorize early site preparation for the Factory Outlet Centre; this authorization to grade shall not be deemed to constitute approval or adoption of proposed Ordinance 15-83 or Resolution No. 83-91 or require adoption or approval thereof in the future. Motion carried unanimously. C. DELLWOOD by Tandem Corporation/TCF Development Corporation. Request for Zoning I of 28 acres from R1-13.5 to R1-9.5 for a single family detached residential use, and preliminary platting of 36 acres for single family detached development. Location: west of Dell Road, north of Duck Lake Trail. (Ordinance No. 16-83 - rezoning and Resolution No. 83-92 - preliminary plat) City Manager Jullie stated notice of the Public Hearing was published and property owners within the project vicinity had been notified. Dick Putnam, Tandem Corporation, reviewed the proposal. Also present was Jim Ostenson of Tandem Corporation. �ODU - City Council Minutes -7- May 3, 1983 Planning Director Enger stated this item had been reviewed by the Planning Commission at its April 11, 1983, meeting at which time it recommended approval subject to the recommendations included in the Staff Reports of April 8, 1983, and April 14, 1983. The Planning Commission also recommended that Staff study the possibility of extending Harrogate Drive to the north, Director of Community Services Lambert noted the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its April 18, 1983, meeting and had voted to recommend approval subject to the recommendations in the Staff Reports. The main concern of the Commission had been the appropriateness of the cash park fee. Bentley asked about the road extension. Enger said Harrogate Drive would be continued west to Lochanburn and north to the end of the property line. Redpath said he does not want to see maximum sized houses on minimum sized lots. Putnam said they have tried to mix the lot sizes so this will not happen. Richard Wronski, 6630 Tartan Curve, presented a petition to the Council on behalf of the neighbors (see attached.) He noted that the neighbors are strongly against the Harrogate connection. He said the streets in Lochanburn are 24' wide and not equipped to handle the amount of traffic which would be generated by the connection. He also said it would create a safety hazard because the children in the neighborhood are not accustomed to through traffic. Michael Butler, 6741 Lochanburn Road, said he does not wish to see Harrogate extended to the north. Bob Kruell, 67B0 Tartan Curve, said he can cite studies that show cul-de-sacs generate less crime than do through streets. He said he would encourage the City Council to look at this from the viewpoint of the residents. He stated that people like to live on cul-de-sacs. Dennis Keller, 6721 Lochanburn Road, said he moved into the area because of the cul-de-sacs. He reiterated the fact that children in the neighborhood are unaccustomed to through traffic. He does not wish to see Harrogate extended. Bentley said the Council did not have a map before it which showed the road patterns in the area. Redpath said the Council had previously requested to have a larger area than that under discussion included with the packet materials so roads and streets might be viewed in relation to the whole. Bentley noted that one of the concerns of the Council has been a need for public safety vehicles to get from one neighborhood to another via an internal road system. Tangen inquired as to what park sites serve this area, Lambert said the Duck Lake Park site which is to be developed will serve this area. Penzel asked if a foot trail would be possible between the Lochanburn neighborhood and this area. Lambert said that would work. A trail is proposed along Purgatory Creek between Dell Road and Duck Lake Trail, City Council Minutes -8- May 3, 1983 Penzel suggested an 8-12 foot trail instead of a 28' street west from the proposed along Harrogate with knock down barriers for emergency vehicles. Director of Public Works Dietz said the knock down barriers have had to be made very sturdy as they have been knocked down by vehicles with four-wheel drive; he is not sure that a fire truck could even knock one down now. From a safety standpoint he felt perhaps it would be good to just eliminate the barriers. MOTION: Anderson moved, seconded by Bentley, to close the Public Hearing and to give 1st Reading to Ordinance No. 16-83, rezoning. Motion carried unanimously. MOTION: Anderson moved, seconded by Penzel, to adopt Resolution No. 83-92, approving the preliminary plat of Dellwood for Tandem Corporation and TCF Development Corporation; and to direct Staff to prepare the Developer's Agreement taking into consideration the recommendations of the Planning Commission and the Parks, Recreation & Natural Resources Commission and the inclusion of a trail connection to the north,details of which will be worked out by the Staff. Motion carried with Tangen voting "no" because of the traffic circulation issue. VII. PAYMENT OF CLAIMS NOS. 7207 - 7378 MOTION: Redpath moved, seconded by Anderson, to approve the Payment of Claims Nos. 7207 - 7378. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. ( VIII. REPORTS OF ADVISORY COMMISSIONS There were no reports. IX. PETITIONS, REQUESTS & COMMUNICATIONS A. Request for deferment of special assessments for disabled persons City Manager Jullie called attention to his memorandum of April 29, 1983, in which he addressed the deferment of special assessments for disabled persons. City Attorney Pauly stated the City can provide for deferment for anyone retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; the City then has the prerogative to describe what the hardship would consist of. Pauly advised that, if the City Council chooses to proceed, it will be necessary to direct Staff to prepare an amend- ment to the City Code, Section 2.84, authorizing such deferments, and to then amend Resolution No. 80-111. Tangen said he would find it very difficult to determine whether or not a person is permanently disabled. He noted the medical and legal definitions do not always jibe. £10(.0 City Council Minutes -9- May 3, 1983 MOTION: Bentley moved, seconded by Redpath, to defer this matter to Staff for its review and to direct the Human Rights & Services Commission to review this matter and makes its recommendation to the Council. Motion carried unanimously. Pauly suggested all types of disabilities be checked, not just blindness. B. Letter from "Twin Cities Survival Game" City Manager Jullie noted the April 22, 1983, letter to the Manager, Mayor and City Council from Jeffrey W, Holte regarding the "Twin Cities Survival Game." City Attorney Pauly reviewed the requirements of the Zoning Ordinance relative to uses allowed in the Rural area. Jullie reviewed what had happened to date regarding this matter. He noted he had given approval but at that time had not realized this was a commercial venture. It was only after the article appeared in the Minneapolis Star and Tribune that this became clear. Holte said he would like to explore any possibilities which might be available as he would like to remain in Eden Prairie with his game, He felt that the wrong impression of the game was given in the newspaper article. He noted the game is becoming very popular in the Twin Cities area. He said the possi- bility of finding commercially zoned land which would be available to game players is almost non-existent. { Penzel said the real issue before the Council is the setting of a precedent regarding land use; commercial uses are not allowed in the Rural zone, Pauly stated if this kind of activity were to be legalized the Ordinance would have to be amended. The uses in the Rural zone would have to be expanded. Holte said this is not your average commercial venture. He noted they are a seasonal use; nothing is constructed nor destructed, Redpath said he had watched these men as yougsters play "Capture the Flag" and, while he realized the "Survival Game" is an expansion of that, the newspaper story did nothinb to help their cause. Penzel noted the Council had two choices: 1) to maintain its present position or 2) to amend the Ordinance which would take approximately two months to accomplish presuming everything goes accordingly. MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m. scheduled time of adjournment. Motion carried unanimously, There was discussion as to the various types of business ventures which might be carried out from one's home. H��7 • City Council Minutes -9- May 3, 1983 MOTION: Bentley moved, seconded by Redpath, to defer this matter to Staff for its review and to direct the Human Rights & Services Commission to review this matter and makes its recommendation to the Council. Motion carried unanimously. Pauly suggested all types of disabilities be checked, not just blindness. B. Letter from "Twin Cities Survival Game" City Manager Jullie noted the April 22, 1983, letter to the Manager, Mayor • and City Council from Jeffrey W. Holte regarding the "Twin Cities Survival Game." City Attorney Pauly reviewed the requirements of the Zoning Ordinance relative to uses allowed in the Rural area. Jullie reviewed what had happened to date regarding this matter. He noted he had given approval but at that time had not realized this was a commercial venture. It was only after the article appeared in the Minneapolis Star and Tribune that this became clear. Holte said he would like to explore any possibilities which might be available as he would like to remain in Eden Prairie with his game. He felt that the wrong impression of the game was given in the newspaper article. He noted the game is becoming very popular in the Twin Cities area. He said the possi- bility of finding commercially zoned land which would be available to game players is almost non-existent. f Penzel ngilandeuse;l commercialouseshare unotiallowedein theRuralazonecedent regards gPaul statd if ere to be legalizehe Odian would haveeto bet amended.his kind oThe f cuses tiny wthe Rural zone would dt haver ton beCe expanded. Holte said this is not your average commercial venture. He noted they are a seasonal use; nothing is constructed nor destructed. Redpath said he had watched these men as yougsters play "Capture the Flag" and, while he realized the "Survival Game" is an expansion of that, the newspaper story did nothing to help their cause. Penzel noted the Council had two choices: 1) to maintain its present position or 2) to amend the Ordinance which would take approximately two months to accomplish presuming everything goes accordingly. MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m. scheduled time of adjournment. Motion carried unanimously, There was discussion as to the various types of business ventures which might be carried out from one's home. 231 City Council Minutes -10- May 3, 1983 MOTION: Redpath moved, seconded by Anderson, to refer this matter to Staff and the City Attorney for review and possible recommendation. Motion carried unanimously. C. Letter from Minnesota Water Resources Board regarding representation on the Watershed District's Board of Managers MOTION: Redpath moved, seconded by Bentley, to recommend the size of the Watershed District's Board of Managers be kept at five members. Motion carried unanimously. D. Petition for additional dust oil treatment on Mitchell Road MOTION: Bentley moved, seconded by Tangen, to approve Staff recommendations authorizing more than one application of dust oil on Mitchell Road during the coming season, to keep a close eye on the need for reoiling, and to direct Staff to do a feasibility study relative to utility improvements and paving on Mitchell Road south to County Road 1. Anderson noted he had driven on Mitchell Road last evening and spoke of the amount of traffic generaged by those using that road to take children to soccer and baseball practices at Flying Cloud Fields, Richard J. McHale, B875 Mitchell Road, said there are at least 800 cars per day on Mitchell Road. He said four years ago the City oiled the street four times during the summer months. Penzel said the City must address the traffic issue and the question is how to do that in the best way without creating an undue hardship on the residents by assessing them for the im- provements. Ken Mulder, B855 Mitchell Road, spoke to the dust issue and also noted there is so much traffic on the road now that the surface is broken up. He said the situation is intolerable. He noted that after one rain the effects of the oiling is gone, VOTE ON THE MOTIDN: The motion carried unanimously. Nancy Hedlund, 901D Mitchell Road, said the road was watered last summer and that seemed to provide help on a temporary basis. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Appointment of member to the Human Rights & Services Commission to fill an unexpired term to February 28, 1984 1 The name of Gary Peterson was placed in nomimation, MOTION: Bentley moved, seconded by Tangen, to close the nominations and to cast a unanimous ballot for the appointment of Dr, Gary Peterson to the Human Rights & Services Commission to fill an unexpired term to February 2B, 1984. Motion carried unanimously. City Council Minutes -11- May 3, 1983 2. Penzel - noted he has had two people say they are willing to serve on acharter review committee. He asked for names of others who might be willing to serve. B. Report of City Manager City Manager Jullie reminded the Council of the Board of Review meeting which will be held at 7:30 p.m. on Tuesday, May 10, 1983. Bentley asked that a brief presentation be made at the beginning of the meeting by the assessor explaining how determinations are made. Penzel asked that those appearing before the Board be given a time at which they can be expected to appear -- 10 minute segments might be in order. Jullie also called attention to Eden Prairie's Commerce and Industry Day sponsored by the Eden Prairie Chamber of Commerce which will be held on May 1Bth. Finance Director Frane stated there are continuing efforts on the part of the Metropolitan Loser's Group to lobby for State Aid, The plan now is for cities which are members of this group to hire a lobbyist at a cost of $1,000 per city. This, it is felt, is necessary even to maintain the status quo. MOTION: Redpath moved, seconded by Anderson, to join in with the group of cities which will hire a lobbyist at a cost to the City of Eden Prairie of $1,000.00. Roll call vote; Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously, C. Report of City Attorney There was no report. D. Report of Planning Director 1. Community Development Block Grant (Resolution No.s 83-87 and 83-88) This item was moved to the Consent Calendar as item V. J. E. Report of Director of Community Services 1. Selection of Restoration Architect for Cummins/Grill House (Continued from March 15, 1983) Director of Community Services Lambert called attention to his memorandum of April 26, 1983, in which he addressed this issue, He noted that the Office of Planning and Development has indicated that historic sites are eligible for funding only if the proposed improvement is an "immedi- ate need" and necessary to eliminate the specific conditions of "physical decay," Replacement of the furnace and repair of electrical and plumbing deficiencies meet this definition and are therefore fundable, Also, any architectural fees that are necessary to complete this project are also fundable items. Architectural fees for the entire project would not be fundable. 9 (r3o9 ji City Council Minutes -12- May 3, 1983 Tangen said there is a definite need for decent plans for the electrical and plumbing work which is necessary. MOTION: Bentley moved, seconded by Tangen, to authorize the selection of a restoration architect to develop cost figures for the replacement of the wiring, the furnace and the critical plumbing needs via CDBG funds. Motion carried unanimously. 3. Policy on bicycle trail construction and funding Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had recommended that cash park fees not be spent for building transportation trails. It was the feeling of the Commission that funding for these trails come from the profits of liquor stores, the general fund or perhaps a special levy. Tangen said there are certain trails which are both and should be eligible for cash park fees. Anderson asked where the added funding is going to come from. Lambert said that would be up to the Council to determine. MOTION: Redpath moved, seconded by Bentley, to restrict cash park fee funding to recreational trails; costs of trails which will be used as transportation trails will be shared. Motion carried unanimously. 4. Request approval to advertise for planner to prepare Master Plan for MCA floodplain area Director of Community Services Lambert addressed his memorandum of April 21, 1983, in which he discussed the selection process for desig- nating a planning firm which will develop the Master Plan for the Pur- gatory Creek Recreation Area, Penzel asked if the response is not adequate would this be returned to the Council. Lambert said that it would be. Tangen asked how this was to be funded. Lambert said the funds would come from CDBG's. Anderson said he thought this was a good idea and the City should proceed, MOTION: Anderson moved, seconded by Bentley, to have the City allot $1,000.00 for a design competition to assist in the selection of a planning firm to develop the Master Plan for the Purgatory Creek Recre- ation Area and to solicit funds from the Watershed District for same, Roll call vote: Anderson, Bentely, Redpath, Tangen and Penzel voted "aye," Motion carried unanimously, 5, Community Center membership qualifications - This item was moved to the Consent Calendar as item V, L, 0;U • City Council Minutes -13- May 3, 1983 y_ XI. NEW BUSINESS CThere was none. XII. ADJOURNMENT MOTION: Tangen moved, seconded by Bentley, to adjourn the meeting at 12:22 a.m. Motion carried unanimously. • The following items are on file in the Office of the City Clerk as addendums to the Minutes of the City Council Meeting held May 3, 1983: 1. Letter of April 27, 1983, from Bob McDonald. 2. Letter of April 27, 1983, from Mary P. Wagner. 3. Letter of May 3, 1983, from John Teman and Bruce Bermel, 4. Petition from residents of the Lochanburn Addition, 919- May 17, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-102 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. 52-040, Street & Drainage on Brookview Circle, Creekridge Estates. 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, June16, 1983, and considered by the Council at 7:30 o'clock P.M. on Tuesday. June 21, 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 May 17, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 813 May 17, 1983 CITY OF EDEN PRAIRIE C HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-103 RESOLUTION AUTHORIZING PERMIT APPLICATION WHEREAS, the proposed sanitary sewer to be constructed for the ' Factory Outlet Centre requires a connection to the Metropolitan Waste Control Commission (MWCC) interceptor system; and WHEREAS, the proposed connection conforms to the Eden Prairie Comprehensive Sewer Plan. NOW, THEREFORE, BE IT RESOLVED by the Eden Prail•ie City Council as follows: . � The City Engineer is hereby authorized and directed to submit an application for "Permit for Connection to or Use of Commission Facilities" to the MWCC. ADOPTED by the City Council on May 17, 1983. • Folfgan9 H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk • 2111 May 17, 1983 CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works J FROM: David L. Olson, Engineering Technician 5E�05 40• (' DATE: April 27, 1983 SUBJECT: PORTNOY'S 2ND ADDITION (formerly Oak Park Business Center) PROPOSAL: The developers, GSB Investments, Inc., have requested City Council approval of the final plat of Portnoy's 2nd Addition. This is an I-2 office/warehouse use located west of Norseman Industrial Park 2nd Addition, south of Valley View Road and north of Valley Place Office Condominiums in the north 1 of Section 12. The site contains approximately 3.3 acres. HISTORY: The second reading of Ordinance f8-B3 zoning the site to I-2 is scheduled for May 17, 1983. The preliminary plat was approved by the City Council on April 19, • 1983, per Resolution 83-69. The Developer's Agreement referred to within this report is scheduled for execution on May 17, 1983. • VARIANCES: All variance requests, other than described within the Developer's Agreement, must be processed through the Board of Appeals. UTILTIES AND STREETS: Utilities will be installed within the project by the developer. Requirements for the installation of these utilities are covered in the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOMMENDATION: Recommend approval of the final plat of Portnoy's 2nd Addition subject to the requirements of this report, the Developer's Agreement to be executed and the following: 1. Receipt of fee for City Engineering in the amount of $100.00. 2. Second reading of Ordinance 8-83. 3. Execution of the Developer's Agreement. DLO:sg 21 K' May 17, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA C RESOLUTION NO. R83-94 A RESOLUTION APPROVING FINAL PLAT OF PORTNOY'S.2ND ADDITION WHEREAS, the plat of Portnoy s 2nd Addition has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CDUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Portnoy's 2nd Addition is approved . upon compliance with the recommendat7, ion,oonof the City Engineer's Report on this plat dated • • B. That the City Clerk is hereby directed to file a certified copy of this reolutio the Deed /or .trar ofsTitlesnfor their fuse easfrequir �in the edby MSAster f462.358r,dSubd. 3. • t, That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named • plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. • ADOPTED by the City Council on May 17, 1983. WOTT ang H. Penzel,Mayor AT1EST: SEAL • John D. Frane, Clerk IV CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Engineering Technician C,-.). CP DATE: May 10, 1983 SUBJECT: WOODLAWN HEIGHTS PROPOSAL: The developer, Ruscon Homes, Inc., is requesting City Council approval of the final plat of Woodlawn Heights, a single family (RI-9.5) development located west of Duck Lake Road and south of West 62nd Street. The plat area contains approximately 59 acres and upon completion will consist of 139 single family units. The first phase, currently submitted, consists of the platting of 92 single family lots and 4 outlets. Outlots A and B will be conveyed to the City, in confor- • mance with the requirements of the Developer's Agreement, and Outlots C and 0 will be replatted into single family lots at a later date. HISTORY: The preliminary plat was approved by the City Council on November 2, 1982 per Resolution 82-244. Zoning to RI-9.5 was finally read and approved by the City Council on February 15, 1983, per Ordinance 9-82. The Developer's Agreement referred to within this report was executed on February 15, 1983. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities and roadways will be installed within the plat in conformance with City Standards and the requirements of the Developer's Agreement. PARK DEDICATION: In conformance with the requirements of the Developer's Agreement, { warranty Deeds covering Outlots A and B must be delivered to the City prior to release of the final plat. A preservation easement, as required in item 5 of the Developer's Agreement, must be delivered to the City prior to release of the final plat. RI'1 Pg. 2 Final Plat of Woodlawn Heights May 10, 1983 Other requirements for Park Dedication are covered in the Developer's Agreement. BONDING: The requirements for bonding are covered in the Developer's Agreement and must be satisfied prior to release of the final plat. RECOMMENDATION: Recommend approval of the final plat of Woodlawn Heights subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of City Engineering fee in the amount of $1840.00. 2. Receipt of cash fee for street lighting in the amount of $8,132.40. 3. Receipt of Warranty Deeds for Outlots A and B. 4. Receipt of recordable preservation easement. 5. Satisfaction of Bonding requirements. • May 17, 1983 •� CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA C • RESOLUTION NO. 83-105 A RESOLUTION APPROVING FINAL PLAT OF WOQDLAWN-HEIGHTS WHEREAS, the plat of Woodlawn Heights • ' has been sub- witted in the manner required for platting land 'ender the Eden Prairie Ordinance Code and under Chpter 462 of the.:Minnesota Statutes and all proceedings have been duly had thereunder, and 11HLREAS,,said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOLN PRAIRIE: A. Plat Approval Request for Woodlawn Heights is approved . upon compliance with the recommendation 3 of the City Engineer's Report on this plat dated May 10, • • B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed and/or Regis- .trar of Titles for their use as required by MSA 462.358, Subd. 3. • fieo C. ofathise Resolution City ktos the rownersrandesubdividers ofeby iectd to supply a c the�abovecnamed plat. D. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon com- pliance with the foregoing provisions. ADOPTED by the City Council on May 17, 1983.. Wolfgang N. Penzet, h`ayor ATTEST: SEAL Jolin—D7 Frene, Clerk • ll CITY OF EDEN PRAIRI • E ENGINEERING REPORT ON FINAL PLAT t TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager Eugene A. Dietz, Director of Public Works FROM: Rodney Rue, Design Engineer&g. a' DATE: May 11, 1983 • SUBJECT: MAPLE LEAF ACRES 10th ADDITION PROPOSAL: The developer, Jarip Corporation, is requesting City Council approval of the final plat of Maple Leaf Acres 10th Addition. The plat consists of 44 single family residential lots (RI-13.5)located south of Duck Lake Trail, east of Dell Road and north of Valley View Road along with 5 single family residential lots (RI-13.5) located south of Valley View Road and west of Dell Road. This is a replat of Outlots B,C,D, and E, Maple Leaf Acres 9th Addition. HISTORY: The preliminary plat was approved on September 6, 1977 per Resolution $077-97. • Zoning to RI-13.5 was finally read and approved by the City Council on November 11, 1977, per Ordinance 077-28. • The Rezoning Agreement referred to within this report was executed on November 11, 1977. VARIANCES: A variance from the requirements of City Code Section 12.20.A waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat will be necessary. All other variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities and roadways within the plat shall be designed to City specifications. Construction plans must be_submitted and approved by the Engineering Department prior to, release of the final plat. A commitment (design solution included in construction plans) to the correction of surface drainage within Maple Leaf Acres 7th Addition from Hidden Ponds 2nd Addition must be made by the developer prior to release of this plat. 2,20 Pg. 2 Final Plat of Maple Leaf Acres 10th Addition �. The release of the final plat will also be subject to the dedication of additional utility and drainage easements. The actual location of these easements will be contingent upon final utility design. An easement over part of Lot 1, Block 3, conforming to the description on file in the Engineering Department must be shown on the plat. All cul-de-sacs within the plat shall be named independently of through streets. Names selected will be approved by the Engineering Department and shown on the plat prior to release. PARK DEDICATION: The requirements for park dedication are covered in the Rezoning Agreement. A warranty deed covering the dedication of Outlot A , Maple Leaf Acres 9th Addition, to the City shall be submitted by the developer. The outlot was to be dedicated for open space purposes through the plat approval of Maple Leaf Acres 9th Addition. BONDING: A performance bond or letter of credit, in the amount of 125% of • the estimated cost of installation, will be necessary to cover all utilities, roadways, and walkways to be maintained by the City within this plat. This requirement must be satisfied prior to release of the final plat. • RECOMMENDATION: Recommend approval of the final plat of Maple Leaf Acres 10th Addition subject to the requirements of this report, the Rezoning Agreement and the following: 1. Receipt of City Engineering fee in the amount of $1,470.00. 2. Receipt of cash fee for street lighting in the amount of $3,614.40. 3. Satisfaction of Bonding Requirements. 4. Receipt of additional drainage and utility easements. 5. Receipt and approval of street names to be changed. 6. Receipt of Warranty Deed for Outlot A, Maple Leaf Acres • 9th Addition. 7. Submittal and Engineering Department approval of utility and roadway construction plans. 8. Receipt of commitment for the correction of drainage within ( Maple Leaf Acres 7th Addition. RWR:sg laI CITY OF EDEN PRAIRIE HENNEPIN CDUNTY, MINNESOTA RESOLUTION NO. 83-106 A RESOLUTION APPROVING FINAL PLAT OF MAPLE LEAF ACRES 10th ADDITION WHEREAS, the plat of Maple Leaf Acres loth Addition has been submitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Maple Leaf Acres loth Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated May 11; 19B3. B. Variance is herein granted from City Code Section 12.20.A ( waiving the six month maximum time elapse between the approval date of the preliminary plat and filing of the final plat as described in said Engineer's Report. C. That the City Clerk is hereby directed to file a certified • copy of this resolution in the office of the Register of Deed and/or Registrar of Titles for their use as required by MSA 462.358, Subd. 3. • D. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the owners and subdividers of the above named plat. E. That the Mayor and City Manager are hereby authorized to Execute the certificate of approval on behalf of the City Council upon compliance with the foregoing provisions. ADOPTED by the City Council on May 17, 19B3. Wolfgang H. Penzel, Mayor ATTEST: SEAL • John D. Frane, Clerk S22 C TO: Mayor and City Council FROM: John D. Frane, Finance Director DATE: May 13, 1983 • RE: Resolution No. 83-110 Mr. Jacobson's bond was stolen during a break-in of his home. State statutes provide the vehicle whereby the bond may be re-issued. This resolution sets the reprinting and re-signing process in motion. JDF:bw 5/13/83 • Member introduced the following resolution and moves its adoption 'i_/l0 RESOLUTION RELATING TO $1,100,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982, DATED MARCH 1, 1982; AUTHORIZING THE ISSUANCE OF A DUPLICATE BOND AND COUPONS WHEREAS, the City of Eden Prairie, Minnesota (the City) did on March 2, 1982, issue $1,100,000 General Obligation Improvement Bonds of 1982, dated March 1, 1982; and WHEREAS, the bond of that issue numbered 37, matures on March 1, 1986, bears interest at the rate of 11.00% per annum, and is in the denomination of $5,000 (the Bond); and WHEREAS, Gilbert R. Jacobson, of 5229 Bryant Avenue North, Minneapolis, Minnesota, reputed of d ownershowner ip the Bond has furnished satisfactory proof of the Bond and of the loss thereof and of coupon Nos. 1 through 8, inclusive, and has submitted an indemnity bond as required by law; NOW THEREFORE, BE IT RESOLVED by the City Council that a duplicate of the Bond and coupons described in the preamble hereto be prepared as set forth in Minnesota Statutes, Section 475.69 and 475.70, be executed by the Mayor, the City Manager and the Finance Director/Clerk, and be issued to the owner. The Finance Director/Clerk shall keep a record of the transaction, as required by Section 475.70. Mayor ATTEST: Finance Director/Clerk • 'Ng • .�.s.:^— -. :.•.ham' c -;Tf..:..:.:;;.:. '1 a t >�. .n: t^ v w..�: •` fuy",Pco.. a yy .f' - K-. •`--. .Yr - "'.,.. .'y. :ram ^� r its Yc'r_• .- .134 6:35 UNIFOR_N1 COMMERCIAL CODE 336.8-406 issuer)to (a)the registration was pursuant to subsection(1):or as subject :::, (b)the registration would result in overissue,in which case the issuer's lia- :ontrolling bility is governed by section 336.8.10:. lid; History: 1965 c 811 s 336.8.404;1975 c 695 s 42 as to an 336.8-40S LOST, DESTROYED, AND STOLEN CERTIFICATED SECURI- TI ;I:� : ES. respect to (1)If a certificated security has been lost.apparently destroyed,or wrong- �.. fully taken,and the owner fails to notify the issuer of that fact within a reason • - unless the able time after he has notice of it and the issuer registers a transfer of the secu- a r. • rity before receiving notification, the owner is precluded from asserting against t;: , ect to an the issuer any claim for registering the transfer under section 336.6.404' or any ;1.'': rani etion claim to a new security under this section. +,•I a pledgee (2) If the owner of a certificated security claims that the security has been v lost. destroyed, or wrongfully taken. the issuer shall issue a new certificated t'" d security security or, at the option of the issuer, an equivalent uncertificated security in :I?'- ;: ier a duty place of the original security if the owner: n if trans- (a) so requests before the issuer has notice that the security has been fi;:: :: ?propriate acquired by a bona fide purchaser; .it-,-_, (b)files with the issuer a sufficient indemnity bond;and sidei oth- (c)satisfies any other reasonable requirements imposed by the issuer. !.:: (3)If,after the issue of a new certificated or uncertificated security,a bona' registered fide purchaser of the original certificated security presents it for registration of transfer, the issuer shall register the transfer unless registration would result in •tj..: ice f ).a overissue, in which event the issuer's liability is governed by section 336.8-104. • ;' Mit!. ith In addition to any rights on the indemnity bond,the issuer may recover the new certificated security from the person to whom it was issued or any person taking under him except a bona fide purchaser or may cancel the uncertificated security11-r1; unless a bona fide purchaser or any person taking under a bona tide purchaser is ;','. .. then the registered owner or registered pledgee thereof. rl; : .r: History: 1965 c 811 s 336.8-405;1978 c 695 s 43 taxes,the ` 336.8.406 DUTY OF AUTHENTICATLNG TRUSTEE, TRANSFER AGENT, '' ' t loss a5 a - F. OR REGISTRAR. 1: , endo a (1) If a person acts as authenticating trustee, transfer agent, registrar, or tr.r- >propriate other agent for an issuer in the registration of transfers of its certificated securi- , . `j ties or in the registration of transfers.pledges.and releases of its uncertificatedI'',' securities, in the issue of new securities, or in the cancellation of surrendered �rn`° i the duty securities: a',:-.. •-:;it to a (a)he is under a duty to the issuer to exercise good faith and due diligenceain performing his functions;and ^wy to the (b) with regard to the particular functions he performs, he has the same ; .obligation to the holder or owner of a certificated security or to the owner or 'pledgee of an uncenificated security and has the same rights and privileges as ! :: .tring the the issuer has in regard to those functions. liyi .:, (2) Notice to an authenticating trustee. transfer agent, registrar or other I "- .' liability agent is notice to the issuer with respect to the functions performed by the r?i agent. :y;; • .tlea a of History: 1965 c 811 s 336.8-405;1978 c 695 s 4-4 +l•' v -hall 'd have �'� nt: '^ .1 I. -�.._rne...,.�...:• �. :__. _ram:�.•...�----.�.�:•�- J a a + r 475.69 PUBLIC INDEBTEDNESS 7872 7673 either the town or the statutory city,to make a reassessment of all the property • board b. f situate in the town and the statutory city. Thereupon the commissioner shall the star. -;• appoint such assessor.The reassessment so made governs in the division of such sioner c lindebtedness. Any such town or statutory dry may issue buds for the payment wherein I of the amount thereof for which it is liable. nation, 1 I History: 1909 c 254 s 1;1949 c 682 s 18;1973 c 123 are 5 s 7;1973 c 582 s . Si. f 3(1933) . account .F 475.69 DEFACED BONDS;DUPLICATES. •• tax,sha ! When any obligation of a municipality becomes unfit for circulation,it may princpa: i be surrendered and canceled. Upon the authorization of the governing body,a shall be duplicate of the obligation except as to signatures and a duplicate of•any unpaid the cour ; coupons, may be issued to the owners. These duplicates shall be marked gations, ; k "DUPLICATE" and the date of issue shown thereon. Such marking shall be to the s: signed by the treasurer then in office. . . same fec .History: RL s 791;1949 c 682 s 19(1970) bonds a: ' and,incl 475.70 LOST L\STRU�1ENTS:INDE)•L\ITY. such ob: p If the owner of any obligation which is destroyed or lost,first gives a satin- • remains,'+ 1 factory surety bond to the municipality, in a sum double the amount of such division R obligation, conditioned to save it harmless in the premises,the governing body Any sus•'. Z thereof may authorize the issuance of another to the owner in its place, corre• • of print' sponding with the missing obligation as to number, date, amount, and unpaid ing of se coupons.Such obligation shall be signed by the proper officials who are then in of this s. office,and shall be marked and dated as provided in section 475.69. The trea• Iiis ci surer shall keep a record of•all reissues and duplicates showing the date of issue 'i and the persons to whom issued. . 475.74 'iC w History: RL s 792;1949 c 682 s 20(1971) shall nc 475.71 REGISTRATION OF BONDS. dent scr e The governing body of any municipality may,by resolution,ordinance,or city of'.. trust indenture authorize the issuance of obligations in registered or bearer than 32. t form,or in form permitting registration as to principal only, and may provide obligati: for the registration of transfer or exchange of such obligations by an officer of levy tar.,.. i the municipality or an authenticating trustee. transfer agent, or registrar,upon lion 4if the terms and conditions and with the force and effect provided in sections rate or 336.6.101 to 336.8406. His History: RL s 782;1923 c 313;1949 c 6S2 s 21;1974 c 380 s 12(1940) 475.75 475.72 VIOLATIONS AND PENALTIES. Su...! Any cfficer of any municipality wbo knowingly fails to comply with any • 475.75 s. provision of Laws 1949,Chapter 6S2 is guilty of a misdemeanor. ing any History: 1927 c 131 s 10;1949 c 682 s 22 (1938.12) mink p nation c 1 475.73 STATE BOARD OF 1NVESTAIE_\T. either c-; Subdivision 1. Obligations sold under the provisions of section 475.60 may hereby be purchased by the state board of investment if the obligations meet the Sul j,• requirements of section 11A.24,subdivision 2.upon the approval of the attorney obligati( general as to form and execution of the applirntion therefor,and under rules as His-' • the board may specify, and the state board shall have autho:i:y to purchase the same to an amount no; exceeding 15 percent of the assessed valuation of the t. 475.753 taxable property.of the municipality,according to the last preceding assessment. Al! ' ' The obligaacr.s stall not run for a shorter period than one year.nor for a longer Chapter , period than 30 years and shall bear interest at a rate to be fixed by the state extent c: (dJ • • CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA h -- OROINANCE NO. 8-83 • AN ORDINANCE OF THE CITY OF EOEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LANO FROM ONE • ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL OESCRIPTIONS OF LAND IN EACH OISTRICT, ANO, ADOPTING BY REFERENCE CITY CODE CHAPTER ANO SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, OROAINS: • 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 Oistrict and be placed in the I-2 Park 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 I-2 Park Oistrict, and the legal descriptions of land in each Oistrict referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Oefinitions 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 dates as of , entered into between GSB Investments, Inc., 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 day of , and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the day of ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor ' PUBLISHED in the Eden Prairie News on the day of . • Bay - Exhibit A • LEGAL DESCRIPTION That part of the Southeast Quarter of the Northeast Quarter of Section 12, Township 116 North, Range 22, West of the 5th Principal Meridian, described as follows: Beciinning at a point on the West line of the East 30 acres of said Southeast Quarter of the Northeast Quarter, said point being 749.84 feet South of the Northwest corner of said East 30 acres; thence West, at right angles, a dis- tauce of 350.00 feet; thence North, at right angles, to the centerline of County Road No. 39; thence Northeasterly along the center line of saiA rad to the ne the t thenceo e South alongsaidst �Westfline tos the O acres; point of beginning. • • • xa Oak Park Business Center 4/83 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983 by and between GSB INVESTMENTS, INC., a Minnesota corporation, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City," WITNESSETH: WHEREAS, Owner has applied to City to develop 3.3 acres of land for construction of an office/warehouse building of approximately 40,000 sq. ft., located south of Valley View Lane and west of Washington Avenue South, and for rezoning from Rural to I-2 Park, situated in Hennepin County, State of Minnesota, more fully described in Exhibit A, attached hereto and made a part hereof, and hereinafter referred to as "the property," and; NOW, THEREFORE, in consideration of the City adopting Ordinance 8-83 and Resolution 83-69, 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 he material dated February 21, 1983, reviewed and approved by City Council on April 19, 1983, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner hall 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. 3. Prior to issuance of any building permit for construction upon the property, Owner shall submit to the City for review and obtain the City's approval of the following: ? O1 • • • a. A landscape/screening plan, including screening of rooftop mechanical equipment and detailed plans for preservation of the existing trees during the construction process on said property. b. Detailed plans for sanitary sewer, water, and storm sewer • calculations. c. Plans detailing locations of fire hydrants. d. A signage plan, consistent with City Code requirements. e. Obtain the necessary permits from Hennepin County Department of the Trtation for right-of-way alongr uction on h e property within Valley ViewRodCouty CountyRoad #60). 4. The number of parking spaces to be constructed initially does not conform to requirements of the City Code, Chapter 11, Sec. 11.03, Subdivision 3H 4. A variance to said provision has been granted by the Board of Appeals and Adjustments, specifically Variance #63-04, subject to the following conditions: a. The variance must be exercised within one year. b. Upon determination by the City, in its sole discretion, that • additional spaces are necessary, Owner shall be required to construct said spaces. At such time as the City makes such a determination, the Owner shall apply to the Board of Appeals and Adjustments • for a rfront yard setback, as shown onn Exhibit al i ng spaces B. within the • • • • `isU 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 Wolfgang H. Penzel, Mayor airs—J. Jullie, City Manager STATE OF MINNESOTA) )SS. • COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983 by Wolfgang H. Penzel, the Mayor, and Carte Jullie, the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of the corporation. Notary Public GSB INVESTMENTS, INC. Gerald Portnoy, President STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983 by Gerald Portnoy, the President of GSB Investments, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public • $�I • . , . • ..._ Exhibit B •-- . . . . . ... . . . . . . ,. / , . ; •.' J• • .• / 1 . .1 II : . I . ' // ; tK/ ; • • / / • ,f i I ' ...• I ••., •''' / . . ./ • . • • • I ' .• . ,,,,, / .. 4 .7 1 / / • , •/ ' . 1 -.C.-1..: -E,4r.t.eli. . , . \\* . :___ ,v-1....4:•-•.,4. ,...-• .....yc , 1 .... ,.. ..I'..r.r.c...if.4.,4N.S. A ; A I . ; \ i • /,• ,' / / , / • I , r... . , • i • / • • / It t / ! I. :t , , 0 • I ' .e ••,?.7/ II/ , /,, . \., • •. ,e. t /• • . : . ;.../ •• , , / • . ''''.. 1 : ..1-• 1 ,•'. .• i ,•I r .f.:..e.• ,/,..., \ ' • ' "' /,t N / ,• • 1 ../rcr i' 'f';'-' ' $ / ' .' • .: ' / .... . . • 1 i'l • i 0' • / 1 i ‘N,•.‘ ' • _--r• .. .0 '',. ••••-- • 4 . ' 1111L. • / . \\,, -- ''•- 1 "or , V, ‘ • , 1 \.•\ , . .• . . r-11."4,•. 1 , „ • \ 1 r ) ...., •, \ • , , ___ \, ,.........___.11 \i' \S'•-•-....--- ---,-.. . / ' ) 1 • i . ....;2) ...-, li 1)1! , / \.`2..-..i r.. t.. ,ti, —..-- . .or.rom...........m........... m.a ........ ......••• •••••• • i-ilii-i.T--;•-filemi ....,.. env ..,. (--- $1TE GRADING PLAN __... .... , .... - - • . . .,_ .. ,... . . ..•.. •- - • . - . -. - - • _--- -• . . - -. . DEVELOPER'S AGREEMENT • EXHIBIT C I. Prior to release of final plat, Owners shall submit to the City Engineer for approval two copies of a development plan (1" = 100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, watermain, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots, location of walks, trails, and any property deeded to the City. II. Owners shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Owners shall follow all rules and recommendations of said Watershed District. III. Owner shall pay cash park fees as to all of the property required by City Code in effect as of the date of the issuance of each building permit for construction on the property. Presently, the amount of cash park fee applicable to the property is $1,400.00 per acre. The amount to be paid by Owner shall be increased or decreased to the extent that the City Code is amended or supplemented to require a greater or lesser amount as of the date . of the issuance of any building permit for construction on the property. IV. Prior to the dedication, transfer, or conveyance of any real property or 1. interest therein to the City as provided herein, Owners shall deliver to the •City an opinion addressed to the City by an Attorney, and in a form applicable to City as to the condition of the title of such property, or, in lieu of a title opinion, a title insurance policy insuring the condition of the property or interest therein in the City. The condition of the title of any real property or any interest therein to be dedicated, transferred, or conveyed as may be provided herein by Owners to the City shall vest in City good and marketable title thereon, free and clear of any mortgages, liens, encumbrances, or assessments. V.A. All sanitary sewer, watermain, and storm sewer facilities, concrete curb, gutters, sidewalks, streets, and other public utilities ("improveigents") to be made and constructed on or within the property and dedicated to the City shall be designed in compliance with City standards by a registered professional engineer and submitted to the City Engineer for approval. All of the improvements shall be completed by Owners and acceptable to the City Engineer and shall be free and clear of any lien, claim, charge, or encumbrance, including any for work, labor, or services rendered in connection therewith, or materials or equipment supplied therefor, on or before the later of two (2) years from the date hereof, or , 19 . Upon completion and acceptance, Owners 1 warrant and guarantee the improvements against any defect in materials or 1 workmanship for a period of two (2) years following said completion and acceptance. In the event of any defect in materials or workmanship within said two-year period, warranty or guarantee shall be for a period of three 3 Exhibit C Page 2 (3) years following said completion and acceptance. Defects in materials or workmanship shall be determined by the City Engineer. Acceptance of improvements by the City Engineer may be subject to such conditions as the City engineer may impose at the time of acceptance. Owners, through Owners' • engineer, shall provide for competent daily inspection during the construction of all improvements. As-built drawings with service and valve ties on reproduceable mylar shall be delivered to the City Engineer within sixty (60) days of completion thereof, together with a written statement from a registered engineer that all improvements have been completed, inspected, and tested in accordance with City-approved plans and specifications. Prior to final plat approval, or issuance of any building permit, if no final plat is required, Owners shall: Submit a bond or letter of credit which guarantees completion of all improvements within the times provided, upon the conditions, and in accordance with the terms of this subparagraph V.A., including, but not limited to, a guarantee against defects in materials or workmanship for a period of two (2) years following completion and acceptance of the improvements by the City Engineer. The amount of the bond or letter of credit shall be 125% of the estimated construction cost of said improvements, subject to reduction thereof to an amount equal to 25% of the cost of the improvements after acceptance thereof by the City Engineer, and receipt of as-built drawings. The bond or letter of credit shall be in such form and contain such other provisions and terms'as may be required by the City Engineer. The Owners' registered professional engineer shall make and submit for approval to the City Engineer a written estimate of the costs of the improvements. B. in lieu of the obligation imposed by subparagraph V.A. above, Owners may submit a 100% petition signed by all owners of the property, requesting the City to install the improvements. If Owner chooses to execute the 100% petiticn, Owner waives all rights they have by virtue of Minnesota State Statutes Sec. 429.081 or otherwise to challenge the amount or validity of amounts, or the procedure used by the City in levying the assessments and hereby releases the City, its officers, agents, and employees from any and all liability related to or arising out of the levying of the assessments. Upon approval by the City Council, the City may cause said improvements to be made and special assessments for all costs for said improvements will be levied on the property, except any property which is or shall be dedicated to the public, over a five-year period. Prior to the award of any contract by the City for the construction of any improvements, Owner shall have entered into a contract for rough grading of the streets included in the improvements to a finished subgrade elevation. Contractor's obligation with respect to the rough grading work shall be secured by a bond or letter of credit which shall guarantee completion and payment for all labor and materials expended in connection with the rough grading. The amount of the bond or letter of credit shall be 125% of the cost of such rough grading and shall be in such form and contain such further terms as may be required by the City Engineer. C. Prior to release of the final plat, Owners shall pay to City fees for the first three (3) years' street lighting (public streets), engineering review, and street signs. 73(4 • Exhibit C Page 3 VI.A. Owners shall remove all soil and debris from, and clean all streets within ti and abutting the property at least every two (2) months (or within one week from the date of any request by City), during the period commencing May 1 and ending October 31 of each year, until such time as such streets and improvements therein are accepted for ownership and maintenance by City. Prior to City accepting streets and improvements, Owners shall have restored all boulevards according to the obligations contained within paragraph V.B. B. Within twenty (20) days of installation of utilities and street curb in any portion of the property (if said time occurs between May 1 and October 31 of any year), Owners shall sod (secured with a minimum of two (2) stakes per roll of sod) that part of the property lying between said curb and a line 1B+ inches measured perpendicular with the curb, or, in lieu of said sod, place a fiber blanket with seed approved by the City (secured with stakes a maximum of six (6) feet apart). Either sod or fiber must be placed upon a minimum of four (4) inches of topsoil. The topsoil shall be level with the top of the curb at the curb line and rise one-half (1/2") for each foot from the curb line. Owners shall maintain the sod, fiber blanket, topsoil, and grade until such time as the streets and improvements in the property are accepted for ownership and maintenance by City. Owners shall also sod all drainage swales serving each 1.5 acres a minimum distance of six (6) feet on either side of the center of the swale. C. The bond or letter of credit provided in paragraph V.A. hereof shall also guarantee the performance of Owners' obligations under this paragraph VI. VII. If Owners fail to proceed in accordance with this Agreement within twenty- four (24) months of the date hereof, Owners, for themselves, their successors, and their assigns, shall not oppose rezoning of said property to Rural. VIII. Provisions of this Agreement shall be binding upon and enforceable against • owners, their successors, and their assigns of the property herein described. IX. Owners represent and warrant that they own fee title to the property fee and clear of mortgages, liens, and other encumbrances, except: X. In the event there are or will be constructed on the property, two or more streets, and if permanent street signs have not been installed, Owners shall install temporary street signs in accordance with the recommendations of the City Building Department, prior to the issuance of any permit to build upon the property. XI. Owners acknowledge that the rights of City to performance of obligations of �35 I_ Exhibit C Page 4 Owners contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Owners violate, or fail, or refuse to perform any covenant, condition, or provision made by them herein, City may be without an adequate remedy at law. Owners agree, • therefore, that in the event they violate, fail, or refuse to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce performance of such covenant. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of any one or more remedies shall not constitute a waiver of any other remedy. XII. Any term of this Agreement that is illegal or unenforceable at law or in equity shall be deemed to be void and of no force or effect to the extent necessary to bring such term within the provisions of any such applicable law or laws, and such terms as so modified and the balance of the terms of this agreement shall be enforceable. XIII. Owners shall, prior to the commencement of any improvements, provide written notice to Minnesota Cablesystems Southwest, a Minnesota Limited Partnership, the franchisee under the City's Cable Communication Ordinance (80-33) of the development contemplated by this Developer's Agreement. Notice shall be sent to Minnesota Cablesystems Southwest, 10210 Crosstown Circle, Eden Prairie, Minnesota, 55344. 83(P • • • OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN GSB INVESTMENTS, INC. AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1983, by and between William and Claudia Bearman, husband and wife, hereinafter referred to as "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" • For and in consideration of, and to induce, City to adopt Resolution t83-69 for a preliminary plat approval and Ordinance t8-83 changing the zoning of the property owned by Owner from Rural to 1-2 as more fully described in that certain Developer's Agreement entered into as of , 1983, by and between GS8 Investments, Inc., and City, Owners agree with the City as follows: i. If GSB Investments, Inc., fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. • 1Vi11iam Bearman Claudia Bearman 83P1 STATE OF MINNESOTN) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983 by William Bearman and Claudia Bearman, husband and •wife. Notary Public yy CITY i. • Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) )ss. �. COUNTY OF HENNEPIN) .= The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullle, , the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public B3� GSB Investments CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-99 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 8-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 8-83 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 No. 8-83, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 8-83 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: John D. Frane, City Clerk B39 GSB Investments The following is the full text of the City of Eden Prairie Ordinance No. 8-83, 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 ORDINANCE NO. 8-83 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 ADOPTING BY REFERENCE CITY CDDE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CDNTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, DRDAINS: • 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 1-2 Park 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 1-2 Park District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended,accordingly. • Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of , entered into between GS8 Investments, Inc., and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Drdinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council ofit the lCCity yeof Eden den Prairie on the day of adopted and orderedd pu3Tished at a regular meeting of the City Council of said City on the day of ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of SctIU _. • • Summary of Develuper's.'Agreement: GSB Investments--Oak Park Business Center Developer will develop the land as described in Exhibit A, which is attached to and i incorporated in the Developer's Agreement. In addition, the Developer's Agreement provides for: 1. Submission to the City of a landscape/screening plan, including screening of a the rooftop mechanical equipment, and detailed plans for preservation of the existing trees during the construction process on said property. i 2. Submission to the City of sanitary sewer, water, storm sewer calculations, and hydrant locations. 3. Dbtain necessary permit from Hennepin County Department of Transportation for construction on the property within the Coutny right-of-way along Valley View Road (County Road #60). . 4. Exercise the variance from the required number of parking spaces as granted by Variance #83-04 by the Board of Appeals. j 5. Developer's warranty of title to the land. 6. Submission to the City Engineer of Development Plan for the land. 7. 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 ' the City. 8. Construction and maintenance of public improvements which are to be conveyed to the City as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said constrution, maintenance, preservation, and restoration. 1 . 9. Payment to the City of the first three years' lighting fees. 10. Application of the Developer's Agreement to transferees of the land 11. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 12. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 13. to the the Watershed andDistrict regulations storm of said Watershed sewer construction WatershedDistrict. • 14. Notice to the City's cable franchise. r' 0qf '• CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-83 . AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, CHANGING THE ZONING ON CERTAIN LAND AND CREATING A PLANNED UNIT DEVELOPMENT DIS- TRICT FOR SUCH LAND, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the C-Reg- Ser-Planned Unit Development 1-83 District (hereinafter "PUD 1-83") . Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , } 1983, entered into between Amcon Corporation and the City of Eden Prairie (hereinafter the "Developer's Agreement"), and that certain Owner's Supplement dated as of , 1983, entered into between Menard's, Inc. , and the City of Eden Prairie (hereinafter the "Owner's Supplement") , both of which are hereinafter referred to as the "Agreements." The Agreements contain the terms and conditions of PUD 1-83. Both of the Agreements are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 1-83 is not in conflict with the goals of the Guide Plan of the City. #. B. PUD 1-83 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 1-83, are justified by the design of the development described therein. D. PUD 1-83 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included oU� • • • hereafter in the C-Reg-Ser-Planned Unit Development 1-83 District, and the legal descriptions of land in each district referred to in City .ode Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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: • John D. Frane, City Clerk Wolfgang H. Penzel, Mayor • PUBLISHED in the Eden Prairie News on the day of 1983. • • -2- �U3 '?EVELOPER'S AGREEMENT - PUD 1-83 ry THIS AGREEMENT, made and entered into as of t 1983, by and between AMCON CORPORATION, hereinafter referred to as "Developer" and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City," WITNESSETH: WHEREAS, Developer has applied to City for rezoning and the creation of a planned unit development district on approximately 16.2 acres of land, more fully described as parcel 1, Exhibit A, attached hereto and made a part hereof, situated in Hennepin County, State of Minnesota, and hereinafter referred to as "parcel 1;" and preliminary plat approval on approximately 27.6 acres of land, more fully described as parcel 2, • Exhibit A, attached hereto and made a part hereof, situated in Hennepin County, State of Minnesota and hereinafter referred to as "parcel 2;" and WHEREAS, Developer desires to develop parcel 1 to construct there- 4 on a 151,327 square foot shopping mall. NOW THEREFORE, in consideration of the City adopting Ordinance No. _-83 and Resolution No. 83-91, Developer covenants and agrees to construction upon, development and maintenance of the property as follows: 1. Developer shall plat and develop parcel 1 in conformance with the material reviewed and approved by the City Council • on May 3, 1983, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Developer shall plat and develop parcel 2 in conformance with the material reviewed and approved by the City Council on May 3, 1983, and attached hereto as Exhibit C, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon or maintain parcels 1 and 2 in any other respect or manner than pro- vided herein. 2. Developer covenants and agrees to the performance and ob- servance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit F, attached hereto and made a part hereof. 3. Developer shall construct Plaza Drive along the entire western boundary of parcel 1, as depicted on Exhibit D. and in accordance with the specifications of the City Engineering Department. A five foot wide concrete side- walk shall be constructed along the east side of all portions of Plaza Drive, with "let-down curbs" at all currently pro- posed and future driveway entrances. This sidewalk shall be constructed according to the specifications of the City Engineering Department. The construction of Plaza Drive and sidewalks required by this paragraph shall be completed prior to any occupancy of the building upon parcel 1. 4. Developer shall obtain a permit from the City prior to occupancy of the building upon parcel 1. 5. Prior to occupancy of the building upon the property, parcel 1 shall be completely landscaped in accordance with Exhibit B. After Developer has completed landscaping upon parcel 1, City Staff may review the adequacy of the landscaping and j. Developer shall comply with any modifications of the land- scaping as specified by the City Staff, including any • additional screening and change in location of plant material found to be necessary by the City Staff. 6. Developer shall coat the roof of the building on parcel 1 with gravel-topped construction and all mechanical equipment on the roof shall be arranged into four or less groups. These equipment groups shall be screened with metal panels. The material for these metal panels shall match, in terms of type of material and color, the metal facia above the main entrances of the building. In addition, these panels shall match the roof surface in color. 7. The parking lot lighting upon parcel 1 shall not exceed 30 feet in height and shall be similar to the lighting poles and fixtures in the Menard's Plaza development immediately to the west of parcel 1. 8. In implementation of Planned Unit Development 1-83 and as a variance from the provisions of City Code Chapter 11, City authorizes construction upon and development of parcel 1 as follows: a. The amount of parking area required on parcel 1 shall be 6.4 parking spaces per 1,000 square feet of gross floor / area in the building upon parcel 1. y �J -2- b. One• free-standing sign as described in Exhibit E, attached hereto and made a part hereof, which shall not exceed feet in height, shall be allowed in the location shown on Exhibit B. This sign shall not be lit so as to to cause glare off parcel 1. There shall be no other free-standing signs on parcel 1. The ratio of floor area in the building on parcel 1 to the total area of parcel 1 shall be no more than .211 to 1. IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY Wolfgang H. Penzel, Mayor • • Carl J. Jullie, City Manager AMCON CORPORATION 1 1 • STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by the of Amcon Corporation, a Minnesota corporation, . on behalf of the corporation. Notary Public -3- OWNER'S SUPPLEMENT TO DEVELOPER'S AGREEMENT-PUD 1-83 BETWEEN AMCON CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of I 1983, by and between Menard's, Inc., hereinafter referred to as "Owner" and the City of Eden Prairie, a municipal corporation, hereinafter referred to as "the City." For and in consideration of, and to induce, the City to adopt Resolution 83-92 and Ordinance __•_-83, Owner agrees with City as s follows: (a) Owner concurs and consents to Amcon Corporation's developing )iii in accordance with that certain Developer's Agreement entered a into by and between Amcon Corporation and City, dated + , 1983 (hereinafter referred to as 1 the "Developer's Agreement") . If Amcon Corporation fails to proceed in accordance with the Developer's Agreement within j 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. i (b) Owner shall construct a landscaped berm to provide screening j of the commercial area of the property, more fully described on Exhibit A attached hereto and made a part hereof and j hereinafter referred to as the "property," from the residen- tial areas to the north of the property. Construction of r this landscaped berm shall be located on the land to be abandoned as Valley View right-of-way and constructed in accordance with Exhibit B, attached hereto and made a part 1 hereof, and such construction shall commence immediately 1 after the City has completed construction of the new Valley View Road. Prior to the issuance of any building permit for the Factory Outlet Center, Owner shall supply a performance 1 bond in the amount of 150 percent of the estimated cost of the landscaped' berm. This bond shall remain in force and 1 effect for at least one year after completion of the land- scaped berm and shall contain such other terms as required by the City. The berm shall not be deemed accepted and the bond shall not be released until final approval of the berm has been given by the City Planning Department. (c) Owner agrees to widen the existing section of Plaza Drive along the southern line of Lot 1, Block 1, Menard's Addition; Outlot A Menard's Addition; and Lot , Block 1, Menard's 8u ) • • Second Addition to 39 feet wide to provide for a continuous left turn'. This construction shall be concurrent with con- stru•:tion of the extension of Plaza Drive which is required by the Developer's Agreement. Plans and specifications for this construction work shall be subject to the approval of the City Engineering Department. • (d) Prior to release of the final plat, Owner shall convey to City the following: 1. Easements and fee title which are described on Exhibit C and which are necessary for the Ring Road Project. 2. At no extra cost to the City, any easement and right-of- way necessitated by a shift in the alignment of Plaza Drive and Topview intersection. (e) Owner does hereby consent and grant to the City the right to enter upon the lands described in paragraph (d) and Exhibit C herein and commence construction thereon of those improvements identified in paragraph (d) herein. This right of entry is granted as of the date of this Owner's Supplement and expires upon conveyance to the City of all easements, fee title and right-of-ways required by paragraph (d) herein. (f) With respect to assessments for the projects identified in paragraph (d) herein, Owner waives all rights it may have by virtue of M.S.A. Sec. 429.081 or otherwise to challenge the amount or validity of the assessments or the procedures used by the City in levying the assessments and hereby releases the City, its officers, agents and employees from any and all liability related to or arising out of the levying of the assessments in accordance with this Agreement. (g) Owner shall file this Agreement with the County Recorder or Registrar of Titles and supply City with a copy of this Agreement with information as to document number and date and time of filing duly certified thereon within 60 days from the date of this Agreement. • (h) This Agreement shall be binding upon and enforceable against Owners, their successors, heirs, and their assigns of the property. MENARD'S, INC. -2- �Ug CITY Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) )ss. • � . COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by the of Menard's, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public • STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of , 1983, by Wolfgang H. Penzel, the Mayor, and Carl J. Jullie, the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public -3- .U9 • P:XIITRTT "C" Page 1 of F. • EASEMENT PARCEL NO. 8 VALLEY VIEW RDAD I.C. 51-340A RCM 801033 OWNER: MENARD, INC. CDUNTY I.D. ND. (11-116-22-32-0D03) d ' EASEMENT 8 (Revised 4-14-83) A 6D.00 foot wide temporary construction easement for roadway and utility installation purposes over, under and across part of Outlot B, Menard Addition, according to the recorded plat thereof. Said 60.00 foot wide temporary construction being Southeasterly of and parallel and adjacent to the following described line. Commencing at the Southwest corner of said Outlot B, said corner also lying on the west line of the Northwest Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, said west line also being the west line of Menard Addition; thence northwesterly along said west line on an assumed bearing of North 0 degrees 30 minutes 51.6 seconds West a distance of 330.66 feet to the point of beginning of the easement line to be described; Thence northeasterly along the north line of Outlot B, a distance of 483.67 feet on a non-tangential curve concave to the northwest having a radius of 1140.00 feet, a central angle of 24 degrees 18 minutes 32 seconds and the chord of said curve 480.05 feet in length and bears North 56 degrees 18 minutes 34 seconds East to the cast property line of said Outlot B and there terminating. The side lines of said easement are prolonged or shortened to terminate on the westerly and easterly property lines of the first above described property. 1 i Said temporary construction easement to expire on December 31, 1983. EASEMENT 8A (Revised 4-14-83) A 25.00 foot wide permanent drainage and utility easement over, under and across part of Outlot B, Menard Addition, according to the recorded f plat thereof. Said 25.00 foot wide permanent drainage and utility easement being easterly of and parallel and adjacent to a line herein- after described as "Line A"; said "Line A" described as follows: Commencing at the Southwest corner of said Outlot B, said corner also lying on the west line of the Northwest Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, said west line also being the west line of the Menard Addition; thence on Arc $SO ..; 3 • • Page 2 of 8 • EXHIBIT "C" Easement Parcel No. 8 Page 2 an assumed bearing of North 89 degrees 29 minutes 08.4 seconds • East along the south line of said Outlot B a distance of 33.55 feet to the point of beginning of said "Line A"; thence North 21 degrees 30 minutes 51.6 seconds West a distance of 93.63 feet to the west line of said Menard Addition; Thence North 0 degrees 30 minutes 51.6 seconds West a distance of 243.25 feet along the west line of said Menard Addition to the north property line of said Outlot B and said "Line A" there terminating. The side lines of said permanent drainage and utility easement are prolonged to terminate on the southerly and northerly property lines of said Outlot B. EASEMENT BB (Revised 4-14-83) A 60.00 foot wide temporary construction easement for,grading purposes over, under and across part of Outlot B, Menard Addition, according to the recorded plat thereof. Said 60.00 foot wide permanent drainage easement being easterly of and parallel and adjacent to a line herein- after described as "Line A"; said "Line A" described as follows: Commencing at the Southwest corner of said Outlot B, said corner also lying on the west line of the Northwest Quarter of the r..-• • • Southwest Quarter of Section 11, Township 116, Range 22, said west - �!° line also being the west line of the Menard Addition; thence on ^•F an assumed bearing of North 89 degrees 29 minutes 08.4 seconds East along the south line of said Outlot B a distance of 33.55 feet to the point of beginning of said "Line A"; thence North 21 degrees 30 minutes 51.6 seconds West a distance of 93.63 feet to the west line of said Menard Addition; Thence North 0 degrees 30 minutes 51.6 seconds west a distance of 243.25 feet along the west line of said Menard Addition to the north property line of said Outlot B and said "Line A" there terminating. The side lines of said temporary construction easement are prolonged to terminate on the southerly and northerly property lines of said Outlot B. - The previously described temporary construction easement to expire on December 31, 1983. • • VI Faye 3 of 8 EXIIIIIIT "C" • EASEMLNTS PARCEL NO. 9 (REVISED) VALLEY VIEW ROAD I.C. 51-340A RCM 801033 OWNER: I+IENARO, INC. COUNTY 1.0. NO. (11-116-22-32-0005) • . EASEMENT 9A A 10.00 foot wide permanent easement for roadway and utility installation and maintenance purposes over, under and across that part of Outlot D. Menard Addition. Said easement being 10.00 feet Southerly of and parallel and adjacent to the following described line; said line described as follows: Beginning at the Northwest corner of the above described property; thence Northeasterly along the North property line of Outlot 0, also being the South property line of Valley View Road, a distance yof.20.65 feet along a non-tangential curve, concave to the Northwest, 0 having a radius of 1140.00 feet, a central angle of 01 degree 0 02 minutes 16 seconds and the chord of said curve 20.65 feet in p length and bears North 43 degrees 38 minutes 10 seconds East; thence North 43 degrees 07 minutes 04.4 seconds East a distance of 40.00 feet; thence Northeasterly a distance of 995.64 feet along a tangential curve concave Lo the Southeast, having a radius of 1020.00 feet and a central angle of 55 degrees 55 minutes 38 seconds; thence South 80 degrees 57 minutes 17.6 seconds East a distance of 11.02 feet; thence South 65 degrees 37 minutes 51.6 seconds East a distance of 94.67 feet to Lhe Northeast corner of said Outlot D and said line there terminating. The side lines of said easement are prolonged or shortened to j. terminate on the Westerly and Easterly property lines of Outlot D. CASEMENT 98 A 20.00 foot wide permanent walkway and utility easement over, under and across that part of Outlot 0, Menard Addition. Said easement being 20.00 feet Southerly of and parallel and adjacent to the following described line; said line described as follows: Beginning at the Northwest corner of the above described property; thence Northeasterly along the North property line of Outlot D. also being the South property line of Valley View Road, a distance of 20.65 feet along a non-tangential curve, concave to the Northwest, having a radius of 1140.00 feet, a central angle of 01 degree 02 minutes 16 seconds and the chord of said curve 20.65 feet in Revised 4-8-82 si5a T. Page 4 Of 8 EXHIBIT "C" /7 Easements Parcel No. tJ } Page 2of 2 length and bears North 43 degrees 38 minutes 10 seconds East; thence North 43 degrees 07 minutes 04.4 seconds East a distance of 40.00 feet; thence Northeasterly a distance of 995.64 feet along a tangential curve concave to the Southeast, having a radius of 1020.00 feet and a central angle of 55 degrees 55 minutes 38 seconds; thence South 80 degrees 57 minutes 17.6 seconds East a distance of 11.02 feet; thence South 65 degrees 37 minutes 51.6 seconds East a distance of 94.67.feet to the Northeast corner of said Outlot 0 and said line there terminating. The side lines of said easement are prolonged or shortened to terminate on the Westerly and Easterly property lines of Outlot 0. EASEMENT 9C A 40.00 foot temporary construction easement for roadway and utility installation purposes over, under and across that part of Outlot 0, Menard Addition. Said easement being 40.00 feet Southerly of and parallel ti and adjacent to the following described line; said line described as follows: a 8 Beginning at the Northwest corner of the above described property; ' thence Northeasterly along the North property line of Outlot 0, h, also being the South property line of Valley View Road, a distance , .of 20.65 feet along a non-tangential curve, concave to the Northwest, having a radius of 1140.00 feet, a central angle of 01 degree �, 02 minutes 16 seconds and the chord of said curve 20.65 feet in o•,• length and bears North 43 degrees 38 minutes 10 seconds East; thence North 43 degrees 07 minutes 04.4 seconds East a distance of 40.00 feet; thence Northeasterly a distance of 995.64 feet along a • tangential curve concave to the Southeast, having a radius of 1020.00 feet and a central angle of 55 degrees 55 minutes 38 seconds; thence South 80 degrees 57 minutes 17.6 seconds East a distance of . 11.02 feet; thence South 65 degrees 37 minutes 51.6 seconds East a distance of 94.67 feet to the Northeast corner of said Outlot 0 and said line there terminating. The side lines of said easement are prolonged or shortened to terminate on the Westerly and Easterly property lines of Outlot D. The previously described termporary construction easement to expire on December 31, 1983. • ' Revised 4-8-82 EMI]BIT "C„ Page 5 of 8 EASEMENT PARCEL NO. 11 TOPVII:W ROAD I.C. 51-340A RCM 801033 OWNER: MENARD, INC. COUNTY I.D. NO. (11-116-22-32-0004) EASEMENT 11C A warranty deed conveying fee title for that part of Outlot C, Menard Addition, according to the recorded plat thereof. Said fee title being all that part thereof lying Easterly of a line described as follows: Commencing at the West Quarter Corner of Section 11, Township 116, Range 22, said Quarter Corner also being the Northwest Corner of • Outlot C, Menard Addition; thence Northeasterly on an assumed bearing of North 87 degrees 44 minutes 44.4 seconds East a distance . of 546.32 feet to the point of beginning of the line to be described; . thence Southeasterly a distance of 120.22 feet along a non-tangential curve concave to the Northeast having a radius of 125.00 feet, a N central angle of 55 degrees 06 minutes 24.9 seconds and the chord of 1 said curve 115.64 feet in length and bears South 38 degrees 22 minutes O 38.6 seconds East; thence South 65 degrees 55 minutes 51 seconds O East a distance of 37.39 feet; thence Southeasterly a distance of . 75.37 feet along a non-tangential curve concave to the Southwest having a radius of 100.00 feet, a central angle of 43 degrees . 10 minutes 53 seconds and the chord of said curve 73.60 feet in N. length and bears South 46 degrees 20 minutes 24.5 seconds East; thence South 24 degrees 44 minutes 58 seconds East a distance of 60.58 feet O more or less to the South property line of Outlot C, also being the ' Northerly right-of-way line of Valley View Road, and said line there . terminating. EASEMENT 11D i A 60.00 foot wide temporary construction easement for roadway and utility 4 installation purposes over, under and across that part of Outlot C, Menard Addition, according to the recorded plat thereof. Said temporary construction easement being 60.00 feet Southwesterly of and parallel and . adjacent to a line described as follows: ti Commencing at the West Quarter Corner of Section 11, Township 116, Range 22, said Quarter Corner also being the Northwest Corner of i Outlot C, Menard Addition; thence Northeasterly on an assumed bearing • of North 87 .degrees 44 minutes 44.4 seconds East a distance of 546.32 i feet to the point of beginning of the line to be described; thence a Southeasterly a distance of 120.22 feet along a non-tangential curve ) concave to the Northeast having a radius of 125.00 feet, a central angle of 55 degrees 06 minutes 24.9 seconds and the chord of said curve 115.64 feet in length and bears South 38 degrees 22 minutes 38.6 seconds East; thence South 65 degrees 55 minutes 51 seconds East a distance of 37.39 feet; thence Southeasterly a distance of 75.37 1 I q '/ • EXHIIIT "C" Page 6 of 8 Easements Pircel•No. 11 Page 2 of 2 feet along a non-tangential curve concave to the Southwest having a radius of 100.00 feet, a central angle of 43 degrees 10 minutes • 53 seconds and the chord of said curve 73.60 feet in length and bears South 46 degrees 20 minutes 24.5 seconds East; thence South 24 degrees 44 minutes 58 seconds East a distance of 60.58 feet to the south property line of Outlet C, also being the Northerly right-of-way line of Valley View Road, and said line there terminating. The side lines of said temporary construction easement are prolonged or shortened to terminate on the Northerly and Southerly property lines of the first above described property. Said temporary construction easement to expire on December 31, 1983. M i Q ty U • • • • • • • 15 F.XIIT ITIT "C" Page 7 of 8 EASEMENT PARCEL NO. 12 • VALLEY VIEW ROAD 1.C. 51-340A RCM 801033 OWNER: MLNARD, INC. COUNTY 1.D. ND. (11-116-22-33-DDD6) ' EASE_MENT 12A (Revised 4-14-83) A 15.00 foot wide permanent drainage and utility easement over, under and across part of Outlot A, Menard Addition, according to the recorded plat thereof. Said permanent drainage and utility easement being 15.00 feet wide and lying easterly of and parallel and adjacent to the following described line. Beginning at the southwest corner of said Outlot A, said corner also lying on the west line of the Southwest Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, said west line also being the west line of the Menard Addition; thence on an assumed bearing of North 0 degrees 3D minutes 51.6 seconds West along said west line a distance of 767.67 feet and said line there terminating. EASEMENT 128 (Revised 4-14-83) A 65.00 foot wide temporary construction easement for grading purposes over, under and across part of Outlot A, Menard Addition, according to the recorded plat thereof. Said temporary construction easement being 65.00 feet wide and lying easterly of and parallel and adjacent to the following described line. Beginning at the Southwest corner of said Outlot A, said corner also lying on the west,line of the Southwest Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, said west line also being the west line of the Menard Addition; thence on an assumed bearing of North 0 degrees 30 minutes 51.6 seconds West along said west line a distance of 817.67 feet and said line there terminating. The previously described temporary construction easement to expire on or before December 31, 1983. EASEMENT 12C (Revised 4-14-83) A 25.00 foot wide permanent drainage and utility easement over, under and across part of Outlot A, Menard Addition, according to the recorded plat thereof. Said permanent drainage and utility easement being 25.00 feet wide and lying northeasterly of and parallel and adjacent to the following described line. /5(49 f 10/ y Zz Page 8 of 8 EXHIBIT "C" Easement Parcel 12 Page 2 Commencing at the Southwest corner of said Outlot A, said corner also lying on the west line of the Southwest Quarter of the Southwest Quarter of Section 11, Township 116, Range 22, said west line also being the west line of the Menard Addition; thence on an assumed bearing of North 0 degrees 30 minutes 51.6 seconds West along said west line a distance of 891.28 feet; thenceNorth 89 degrees 29 minutes 08.4 seconds East a distance of 33.55 feet to the point of beginning of the easement line to be described; thence South 21 degrees 30 minutes 51.6 seconds East a distance of 210.00 feet and said line there terminating. The east line of said easement is shortened to terminate on the north line of said Outlot A. EASEMENT 120 (Revised 4-14-83) A 60.00 foot wide temporary construction easement for grading purposes over, under and across part of Outlot A, Menard Addition, according to the recorded plat thereof. Said temporary construction easement being 60.00 feet wide and lying northeasterly of and parallel and adjacent to the following described line. Commencing at the Southwest corner of said Outlot A, said corner • also lying on the west line of the Southwest Quarter of the Southwest Quarter of Section ii, Township 116, Range 22, Said west line also being the west line of the Menard Addition; thence on an assumed bearing of North D degrees 30 minutes 51.6 seconds • West along said west line a distance of 891.28 feet; thence North 89 degrees 29 minutes 08.4 seconds East a distance of 33.55 feet to the point of beginning of the easement line to be described; thence South 21 degrees 30 minutes 51.6 seconds east a distance of 210.00 feet and said line there terminating. • The east line of said easement is shortened to terminate on the north line of Outlot A. The previously described temporary construction easement to expire on December 31, 1983. • Factory Outlet Centre CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-90 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 15-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY . WHEREAS, Ordinance No. 15-83 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 No. 15-83, which is attached hereto, is approved, and the City Council finds that said text clearly informs the public of the intent and effect of said ordinance. B. That said text shall be published once in the Eden Prairie 'News in a body type no smaller than brevier or eight-point type, as defined in Minn. Stat. sec. 331.07. C. That a printed copy of the Ordinance shall be made available for inspection by any person during regular office hours at the office of the City Clerk and a copy of the entire text of the Ordinance shall be posted in the City Hall. D. That Ordinance No. 15-83 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: John D. Frane, City Clerk Factory Outlet The following is the 'fill text of the City of Eden Prairie Ordinance No. 15-83, which was adopted and ordered published at a reg19ar.r meeting •of the heeCity tyxt unciltof the City of Ede!! Prairie on Ordinance, the Developer's Agreement, which is incorporated therein by Section 5 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15—83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, CHANGING THE ZONING ON CERTAIN LAND AND CREATING A PLANNED UNIT DEVELOPMENT DIS- TRICT FOR SUCH LAND, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS': Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the C-Reg- Ser-Planned Unit Development 1-83 District (hereinafter "PUD 1-83") . Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1983, entered into between Amcon Corporation and the City of Eden Prairie (hereinafter the "Developer's Agreement"), and that certain Owner's Supplement dated as of , 1983, entered into between Menard's, Inc., and the City of Eden Prairie (hereinafter the "Owner's Supplement") , both of which are hereinafter referred to as the "Agreements." The Agreements contain the terms and conditions of PUD 1-83. Both of the Agreements are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUD 1-83 is not in conflict with the goals of the Guide Plan of the City. B. PUD 1-83 is designed in such a manner to form a desirable and unified environment within its own boundaries. C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code, which are contained in PUD 1-83, are justified by the design of the development described therein. D. PUD 1-83 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, l Q n..r] l.nrnL... .n rn.......n.l G.-n... ,-l. n...-w 7 hi n4«:..♦ aw.l ..1...7 7 1... i....l...l.n.i (1�l / hereafter in the C-Reg-Ser-Planned Unit Development 1-83 District, and the legal dce:c;riptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accurdingly. • Section 6. City Code Chapter 1 entitled "General provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 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: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of 1983. • • -2- • Summary of Develoaer'sAgreement: Factory Outlet Centre--Menard's 3rd Addition Developer will develop the land as described in Exhibit A, which is attached to and incorporated in the Developer's Agreement. In addition, the Developer's Agreement ;{ provides for: 1. Construction of Plaza Drive to City's specifications, construction to be completed prior to issuance of an occupancy permit. 2. Landscaping to be completed in accordance with Exhibit B. Upon completion of landscaping, and review by City Staff for adequacy of screening, Developer agrees to comply with modifications, if any, required by City Staff to determined level of adequacy of screening. 3. Developer shall coat the roof of the building on parcel 1 with gravel-topped construction and all mechanical equipment on the roof shall be arranged into four or less groupings. Mechanical equipment groups shall be screened with metal panels, the material for which shall match in type and color, the metal facia above the main entrances of the building. Roof shall match the panels in color. 4. Parking lot lighting upon parcel 1 shall not exceed 30 ft. in height and shall similar to the lighting poles and fixtures in the Menard's Plaza development immediately to the west of parcel 1. 5. ' Variances from City Code Chapter 11, within the implementation of Planned Unit Development 1-B3 upon parcel 1 as follows: ,a. 6.4 parking spaces per 1,000 sq. ft. of gross floor area. b. One free-standing sign at the northeastern portion of the property in lieu of any additional signs for the tenants proposed for the property. 6. Easements shall be provided as per Exhibit C. 7. Developer's warranty of title to the land. 8. Submission to the City Engineer of a development plan for the land. 9. 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 the City. 10. Construction and maintenance of public improvements which are to be conveyed to the Citiy as well as preservation and restoration of areas surrounding said improvements. Submission of a bond or letter of credit to ensure the quality of said construction, maintenance, preservation, and restoration. 11. Rough grading to be performed by the Developer for improvements which the City will construct pursuant to 100% petition of all owners of the land. Submission of a bond or letter of credit for the rough grading. 12. Payment to the City of the first three years' lighting fees. 13. Application of the Developer's Agreement to transferrees of the land. 14. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 15. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 16. Notice to the City's cable franchise. Form 2036 - Page 1 Revised 1981 ; t,ciICAGO AND NORTH WESTERN TRANSPORTATION 'COMPANY (hereinafter called "Company") hereby li- censes the CITY DF EOEN PRAIRIE. MINNESOTA (hereinafter called "Licensee") to construct, maintain and use, a sanitary sewer (hereinafter called "facility") upon the property and under the track of the Company near Eden Prairie, Minnesota in the location and position, and in accordance with the specifications shown on map dated April 12, 1983 hereto attached marked Exhibit "A" and, by this reference, made a part hereof. • The foregoing license given upon such express terms and conditions as are inserted below, as well as those contained upon the subsequent printed pages, and should the Licensee at any time violate any of said terms or conditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Company may, at its option, im- mediately revoke this license. The foregoing license is subject to the following conditions: For the privileges herein permitted the Licensee shall pay to the Company, in advance, a charge of Sixty Dollars ($60.00) per annum, or fraction thereof, beginning June I, 1983, subject to revision at any anniversary billing date. FIRST. The work of construction and maintenance shall be done and completed in good and workmanlike manner at the sole expense of the said Licensee. Said work shall be done i^ such manner as in no way to interfere with or endanger the use of the property or tracks of the Company, or the operation thereon of any engines, cars or trains. The Chief Engineer of th , Company shall have the right to inspect such work from time to time and to require such changes to be made as will in his opinion decrease the hazards incident to said facility; but any suer, ' inspection or required changes or any failure to so inspect, or to require changes to be made, shall not effect any of the obligations assumed by the said Licensee hereunder. SECOND. The said Licensee shall bear the cost of all protection which the company may require for its tracks or property during construction and maintenance hereby authorized and of all repairs, changes, additions or betterments to said Conpany's track or property made neces- sary on account of same. If in the judgement of the Company it shall be necessary to provide support for its tracks during the work of construction or maintenance the Company will provid- •ch support, and the entire cost thereof will be paid by the said Licensee promptly upon re- ipt of bill therefor. Form 2036 — Page 2 Revised 1981 THIRD. The Licensee shall pay all taxes, general and special, license fees or other be assessed •charges use ofich may become the construction,ue or existence,rope�ration or use of9saidt the fac lity,mthes of the Lice see,Corpany the business conducted in connection with said facility, and shall reimburse the Compa upon any the such taxes, license fees or other charge which may be paid by the Company pro p Y presentation by the Company of bills therefor. FOURTH. The said Licensee will give to the Chief Engineer of the Company at least ten days' notice in writing before entering upon the right of way of the Company for construction purposes, or for the purpose of making necessary repairs. The Company reserves the right to judge of the necessity of repairs to said facility, and to require the Licensee to make such repairs upon ten days' notice in writing. In such case, said Licensee nay enter upon said right of way without the ten ddys' notice above referred to, and shall proceed forthwith to make such repairs, and upon failure to do so within ten days, the Company shall have the right to make said repairs and collect the entire cost thereof from the Licensee. The Company reserves the right, in case in its opinion the safety of its tracks or property demands it, to make emergency repairs without notice to the Licensee and to collect the cost thereof from Licensee as herein provided. FIFTH. Licensee agrees that in the construction, maintenance, and use of the facility, it will comply with all applicable laws, including, but not limited to, any laws, standards, regulations, or permit requirements relating to environmental pollution or contamination or to occupational health and safety; and Licensee agrees to indemnify and hold harmless the Company from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, ane death and all expenses and costs, including attorneys' fees, resulting from or arising out of the construction, maintenance, or use of the facility, including any discharge or emission therefrom or for the violation of any law, standard, regulation, or permit requirement relatinc to environmental pollution or contaminatione or to occupational health and safety. SIXTH. It is understood by the Licensee that said facility is subject to and may crease the dangers and hazards of the operation of the railroad of the Company, and that this license is subject to all risks thereof. Therefore, and as a material consideration to the Conpany for entering into this license and without which the Company will not enter sane, thr Licensee agrees to assume and pay for all loss or damage to property whatsoever, and injury tc or death of any person, or persons whomsoever, in•luding all costs and expenses incident thereto, however arising from or in connection with existence, construction, maintenance, repair, renewal, reconstruction, operation, use or removal of said facility, or any defect therein or failure thereof, or the failure of the Licensee or members, officers, agents or employees of the Licensee to abide by or comply with any of the terms or conditions of thi; license; and the Licensee forever indemnifies the Company against and agrees to save i. harmless from any and all claims, demands, lawsuits or liability for any such loss, dame'', �. injury and death, costs and expense, even though the operation of the Company's railroad c ; have caused or contributed thereto. Notice to or knowledge by the Company of any act or omission by the Licensee which is or might be a breach by the Licensee of any of the terms ce conditions of this Agreement to be performed by the Licensee, and the acquiescense by tV. • Company in or to such act or omission, shall neither be considered to relieve the Licensee o- any obligation assumed by it under this paragraph nor be considered to be a waiver or relee.. by the Company of any rights granted to it under this paragraph. SEVENTH. The Company reserves the right to use, occupy and enjoy its tracks, proper',; and right of way, for such purpose, in such manner, and at such time as it shall desire, same as if this instrument had not been executed by it. If any such use shall necessitate a'; change, 'repair, renewal, removal or relocation of said facility, or any part thereof, t', Licensee shall perform such work at such time as the Company may approve and if the Licene( fail y the Compay at -aidsk y be liable toothedLicensee on acco ntheofeanyndamage xpese of the Licensee and to do growing out of e se which the Company • may make. of its tracks, property and right of in case any of the terms or provisions of this license have been performed or carried r prior to the actual date of execution hereof, it is understood and agreed that this licer:. shall nevertheless be of the same force and effect as though same had been executed by U parties prior to such performance. �/ Form 2035 - Page 3A Revised 1981 EIGHTH. The Company shall have the right at any time to revoke this license by giving thirty days' notice in writing to the Licensee and at the expiration of the time limited by said notice, or upon any other revocation of this license, the Licensee shall promptly, and in the manner directed by said Chief Engineer, remove all construction hereby authorized from the premises of the-Company and leave said premises in the same condition in which they were before the installation of the same. Upon default of the Licensee so to do, the Company may remove the same and restore its premises, and the Licensee will promptly pay to the Company the cost of so doing. NINTH. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts constituting such breach, and shall never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or happenings, notwithstanding any such waiver. TENTH. This license is personal to said Licensee and is not assignable or transferable, without the written consent of the Company being first obtained. ELEVENTH. In further consideration of the Company's giving to the Licensee the rights and f privileges above specified, the Licensee, by the acceptance of this license, hereby agrees that r it will not levy or assess any special tax or special assessment against Company or against or / upon Company's properties for the construction or use of the improvement of which said facility I is a part; and, the Licensee hereby forever indemnifies Company against and agrees to save Company harmless from any and all claims, demands, lawsuits or liability whatsoever for any h special tax or special assessment. If notwithstanding the foregoing provisions any such / s,•ecial tax or special assessment shall be levied or assessed upon or against said Company's properties, the Company shall have the following elections to wit: (a) Company may make such payments as may be necessary to satisfy and discharge any liens for such special tax or special assessment and in case of such payment the Licensee /. agrees to make repayment on demand with interest at the rate of five per cent (5%) per annum from the date of such payment so made by Company. (b) Company may file this license agreement for recording in the office of the Recorder 1 of Deeds of the county in which said properties are located and such filing shall constitute a complete discharge and release of any lien against said Company's properties for such special tax or special assessment. (c) Company may terminate this license by filing notice of termination with such Recorder of Deeds for recording and forwarding a copy thereof through certified or registered ( mail, postage prepaid to Licensee whereupon all rights, privileges and interests herein granted to Licensee shall immediately cease and determine with the right of Company to make immediate re-entry and without any further obligations or any liability on the part of Company in respect to any payments, setoffs, counterclaims, recoupment, crossbills or cross demands. All rights, remedies and elections of Company shall be cumulative. TWELFTH. Licensee further agrees that there is no benefit to the Company's properties, .her for railroad use or for any possible use in the future from the construction of the facility or project of which said facility is a part. $1S Form 2036 - Page 4A • Revised 1981 In Witness Whereof this instrument is executed this day of .19 • ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY By Assistant Secretary Vice President - Engineering. Pursuant to authority granted by resolution of the of the CITY OF EDEN PRAIRIE, MINNESOTA, adopted • The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same. subject to the terms and conditions therein stated. CITY OF EDEN PRAIRIE, MINNESOTA Attest: By (Seal) - Mayor City Clerk • 6�a • ,,.., ' 7-...---;- -- -•:....::.;•1 • ‘) . r .." •---,'/I; 1:.. 157_A ND. Z.,.1,-(' t: , t • / \.•.:,,,..\-,,, ..---\ ii* \'' ;vv.-. 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I ' tIt'C' 1•4j.. . NA l't.44 ?t ..• ' . i :kr) ?..0- g t• . 1, • .• .: N totl. t'IC°'- ' ' • „S) " g..12 . ' • — .: ,,,. ." c,,;' i )•,; . • 4 . '1.4).'- ,r419 :1},VI • ot-t 104j 0;0 0.b, . .. .1 Q. ••• 1 ,,,1\° . • . )' - . . . /4 . ) z: 4, ,e . - • ! .. 4:-(5- ... . • - 4 ' i • .NOTE:: No vi_N,tC,I-IINES.I.IATERiALs OR • 0 ;CUTS r L'"• C'._)V.ITHIN 42.OF . ANY Tr....e; c...-..i;.;:r.LINE AS II.,:•ASJRED AT RIGHT ANGLES TO I Tr;ii,TRACK. 1 • ' 1 - ep., in yr A 1,..t‘i il"1 . t-% 0 3.1 v:..11.-,, Na__ P.S.I. -.47(11.-nr; pru-nr,'31% ,An./A/A2i.ii • CHICAGO& NORTH WESTERN .: ...,--:::s 7,,•::: _ Tril 'IO !IF. IZT7.7111 "IN 'TRANSPORTATION COMPANY A ..-. (,T ,f,.4''_ or /4....". 1-..4-...sc._..c.A,,,A•44,, z61)..._ . 7141,i ell tCs DIV ST.P.A.A. 7.%,!,r; p;r1 'iro.-11 0.3/A: 6,CNT.t.S, vr4,Dep_..1:XITi..; LOCATION 4-r-sA/i"e4eis./91'..6%.,"4":( 4 Mi I: . TO ACC ".'..:,A:o'I.ICEw:E ;0 ,"-• COAL-TN?. E,NNt..1.E L___ _ pliarr. .t ., .,. 11:-••• .-•-•.,!: wn.i. •,!, iit.7,-F.D .yrni..9. •-.14).:7_•14 Al• A Pf:'Ili FOR 34__ . ..: 2.Q9 , r.:‘,-1., 9...t,SE aC R.tal,'PO .:CP OF C-,31.-Wp, ______ _ 8.:ale. sANtragy. SEW E.R - I? . ?;?,s,' ,t!e-.. ,4,.,!/?_...7.4 ,c/!.L.A :/_77-37:::. CA,:".":n --- ------ - --• ---- -- . . • - :-.:;f •••• 77 ,,....1 •IN. •:rit• s:-... .1J:7-,11 or- 35cf,a; AN.:2'..).'i'.:, ,4.e.a.,......r.".".7....A V P .!. CThi V. ,. 7(01 :7 a i ,,',.i; -75(a.- .,5 " A .)K. i.4:,, .-. ...' . .- '',.• , TO: Mayor and Council FROM: John Frane DATE: May 12, 1983 RE: Resolutions 83-111 and 83-112 These resolutions provide for a date of June 7 for the consideration of refunding the T.I.F. bonds and one or more improvement bond issues. The exact amount of the refunding issues are not known at this time. • 613 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. B3-113 • RESOLUTION REQUESTING HEARING BEFORE MN/DOT FOR PUBLIC GRADE CROSSING AT EDENVALE BOULEVARD WHEREAS, the City of Eden Prairie has determined that Edenvale Boulevard should be extended easterly from Birch Island Road to Baker Road; WHEREAS, this road connection is consistent with the transportation plan as shown in the guideplan; WHEREAS, the City has prepared plans and specifications to construct said crossing; and WHEREAS, the Chicago and Northwestern Transportation CompaRy has denied a permit to make said crossing. NOW, THEREFORE BE IT RESOLVED by the Eden Prairie City Council: The Commissioner of Transportation of the Minnesota Depart- ment of Transportation is hereby petitioned to hold a public hearing regarding the installation and need of a public crossing of the Chicago and Northwestern Railroad tracks at Edenvale Boulevard. ADOPTED by the Eden Prairie City Council on May 17, 19B3. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 769 • s CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-108 RESOLUTION APPROVING THE FPPRRELIMINARYNRRY PLATCOFOBRYINT.LAKE OFFICE/TECH CENTER BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Bryant Lake Office/Tech Center for Welsh Construction, Inc., dated March 23, 1983, 7.94 acres for four lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of , 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk . 0 !0 P'-nning Comnission Minutes of April 25, 1983 All members present • • D. BRYANT LAKE OFFICE/TECH CENTER, by Welsh Construction. Request for PUD Amendment, with variances, Rezoning from C- Regional Commercial to Office, and Preliminary Plat for 7.94 acres for office/service storage facilities. Location: County Road 60 (Valley View Road) and Market Place Drive. A public hearing. • Planning Commission Minutes 9 April 25, 1983 Wally Hustad, owner of the land proposed for development, presented the request. He stated that, in proposing the use of this land, proponent felt it was difficult to choose a specific zoning district as the "high-tech" use proposed was a combination of office and industrial features. The request was for I-2 zoning. Mr. Hustad stated that the neighbors he had spoken with regarding this project were favorable. • Dennis Doyle, Welsh Construction, stated that the buildings would be owner-occupied. He reviewed the architectural features of the plan with the Commission. Planner Enger stated that the overriding issue for this proposal was that of land use. He stated that the Comprehensive Plan had designated this area as an office use. However, the proposed industrial features of the buildings presented land use questions for this Office District. The Staff Report referred to other concerns, as well, including the easterly public street and the landscaping/screening plan for the project. DISCUSSION Marhula stated that he felt the land use question was the most important issue to deal with for the site. He asked for Staff's opinion regarding this. Planner Enger responded that the main question for the Commission was whether, in their opinion, the buildings and uses proposed would fit into this district, even if rezoned to I-2. The three lots proposed for I-2 zoning could potentially house 100% manufacturing or 100% assembling uses. They are currently planned for 50% office and 50% warehouse. Loading docks were proposed for these three buildings, also. Parking spaces were planned based on the 50% office/50% warehouse uses shown. The general rule for planning parking spaces for such buildings was 1/3 office parking formula, 1/3 warehouse, and 1/3 manufacturing. Planner Enger stated that the City had an inventory of hundreds of acres for industrial uses within its boundaries. The purpose of • keeping the districts separate has been to separate the nuisances of the industrial district from those of the office districts and other districts allowed by City Code. If the use was deemed to be more office than .industrial, perhaps the mixture of zoning districts would be compatible. Marhula asked if the original PUD for the site-integrated the five- acre exception parcel. Planner Enger responded that the road connection was approved as pointed out in the Staff Report. Schuck questioned proponent regarding the tenants committed to the buildings thus far. Mr. Doyle responded that the tenants, other than the commercial photographic studio proposed to occupy the office parcel, were high-tech uses, which required a 50/50 mix of office and warehousing. Planning Conmission,Minutes 10 April 25, 1983 Chairman Dearman stated that he felt the zoning of this property as 1-2 could possibly lead to problems in the future. if the original tenants were replaced with manufacturing or assembling uses, which were allowed in the I-2 district. He questioned the advisability of allowing a "spot zone" of industrial use in an area guided for office. Mr. Hustad stated that the surrounding property owners in the Lakeridge Office Park had all been contacted and were in favor of the uses proposed. Several had written letters to the City stating their opinions. Johannes stated that he had seen several areas of the United States and the Twin Cities with this type of development and felt that it could be a successful development within the City of Eden Prairie. Chairman Dearman asked the proponents why they had not chosen land in the industrial zone for this use. Mr. Doyle responded that the types of owners interested in this land were looking for areas where higher quality buildings of brick and glass were the standard, instead of railroads and concrete block buildings. Hallett questioned whether the number of parking spaces proposed was adequate for the property. Planner Enger responded the parking for the site was based on 50% office and 50% warehouse. This amounted to approximately three parking spaces per 1,000 sq. ft. of gross floor area. Office required five parking spaces per 1,000 sq. ft. The site did not meet the 1/3-1/3-1/3 formula used in the I-2 districts as a general parking.formula for such buildings. Chairman Bearman asked for questions or comments from members of the audience. . Jeanine Nelson, 18129 Valley View Road, asked if energy conservation had been considered in the construction plans for the structures. • Proponent responded that the latest energy efficiency standards I would be met or exceeded. MOTION 1: Motion was made by Gartner, seconded by Johannes. to close the public. Motion carried--7-0-0 MOTION 2: Motion was made by Gartner, seconded by Schuck, to recommend approval of the Bryant Lake Business Center project request for .Planned Unit Development Amendment, rezoning from Regional Commercial to Office District and I-2 Park, and PUD District Review, including variances, based on plans and written material dated March 23, 1983, and subject to the recommendations of the Staff Report dated April 22, 1983. • Planning Commission Minutes 11 April 25, 1983 Motion carried--6-1-0 (Chairman Bearman voted against) MOTION 3: Motion was made by Gartner, seconded by Schuck, to recommend approval of the Bryant Lake Business Center project request for Preliminary Plat of 10.83 acres, based on plans and written material dated March 23, 1983, and subject to the recommendations of the Staff Report dated April 22, 1983. Motion carried--6-1-0 (Chairman Bearman voted against) • • ��y nn 9 WJ --?..11 DEPARTMENT OF TRANSPORTATION �""` , 320 Washington Av. South 1= "' Hopkins, Minnesota 55343 `'�`'9 .M,so HENNEPIN Jf-1.. 935-3381 May 3, 1983 Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Eager: . RE Proposed Plat - "Bryant Lake Office Technical Center" CSAH 60 South of CSAH 60 and East of existing Market Place Drive Section 11, Township 116, Range 22 Hennepin County Plat No. 1067R Review and Reccemendations . Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review of proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -Since the plat does not abut CSAH 60, no additional right of way required by Hennepin County. -Lots 1, 2. 3, and 4 must take all access onto CSAH 39 via the existing Market Place Drive access. -The location of the street/cul-de-sac to serve Outlot C and the Schoenfelder parcel is acceptable to Hennepin County. This will be the only access to CSAH 60 between Market Place Drive and the TH 5 bridge allowed by Hennepin County. -Any new access to a county road requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance permit forms. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. HENNEPIN COUNTY • on equol opportunity employer TIJ • Mr. Chris Enger 6,2 May 3, 1983 -The developer must restore all areas disturbed during construction within County right of way. • Please direct any response or questions to Les Weigelt. 3 Sincerely, , 7 C1) 6 James M. Wold, P.E. Chief, Planning and Programming JMW/L W:pl cc: Ron Krueger & Associates, Inc. • Welsh Construction April 25, 1983 Mr. Chris Enger Eden Prairie Planning Commission Eden Prairie, MN 55344 REL Proposed Welsh Construction Project in Bryant Lake Center Dear Mr. Enger: I have received development plans for the Welsh Construction Project at Bryant Lake Center. I think the plans as revised portray a viable, attractive addition to this area. I believe the changes to the development plan in terms of widening the drives, enlargement of the green buffer area and limiting of docks (to three per building) result in a much improved, acceptable plan. We welcome the additional activity and construction. Best regards, 'N r ELOPMENT, INC. III Ili., •. L. Ryan ik Vice esident RLR/bj PO.BOX S98•507.11TH STRIFT S.I •GRAND RAPIDS,MN 55744•(21£i)3268587 7470 MARKET IIACI DRIYI •I DIN PRAIRIE,MN 55344•(612)941 455 711 l - '.. V 4 FP.ANA AND SONS INC. GENERAL CONTRACTORS 7490 MARKET PLACE DRIVE• EDEN PRAIRIE,MINNESOTA 55344(612)941-0282 April 25, 1983 Planning Commission City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Gentlemen: We have met with Susan Drake and the Welsh Construction Corporation regarding the land use to the southwest of our office condominium building. • We would like to express our support of the project, assuming the high quality and design as presented to us is maintained. Very truly yours, Gary . Frana President Frana and Sons, Inc. GHF:lms Q7D combined financial• group . . z mar -, combined financial services inc. • combined protective;.services inc April 22, 1983, • Planning Commission ; City of Eden Prairie 8950''Eden Prairie Road Eden Prairie, MN 55344 Dear Planning Commission Members: "':: + I am writing to express my Support. of Welsh Construction's Bryant Lake business center`project. I have`;.reviewed :the•• preliminary plans for .the area,_and;feel that a: project of ;:,this -nature ?ts compatible with, the existing:Lake Ridge Development..' +„ I am a Lake Ridge owner and am glad to have actiyity.ix our area, ,., r r x .4 r 9- .0 Sincerely, J Eldon Oldre _ EO/js 4 • • • `IT) 7480 market place drive• eden prairie, minnesota 55344•(612)941.4870''. TO W 1‘.41 April 22, 1983 i 0UNTRY CLAIM SERVICE PI!1 I PLACE UgIVC 1 /111411 MN 55344 1.,11 1596 J 0 NORRIs D A NELSON MACE PLUMMER Planning Commission - City of Eden Prairie . Eden Prairie, MN 55344 RE: Bryant Lake Business Center Proposal Gentlemen: We also have reviewed the preliminary plans for the proposed construction project with Dennis Doyle of Welsh Companies, Inc. and Susan Hustad. We would like to express our support for the addition of this project to our area, and look forward to the additional business neighbors that will result. We have two concerns, one that the drainage be adequately addressed so that problems do not result at the Ryan Development level of the adjoining office park, and our second concern centers around adequate parking within the proposed project. Respectfully, ' WN & COUNTRY CLAIM SERVICE B5' bJ* W�c�-s)--� nes D. Morris Pr sident JDM:mcl cc: Dennis Doyle Susan Hustad Offices at: DULUTN 728 E.Superior 65802 218.7278731 FARIBAULT P.O.Box 65021 607.332•2231 WILLMAR P.O.Box.289 6620.1 612.236.1305`:. v Financial chuck jeronimus res.922.4025 resources dorls anger m2.4025 unlimited res.447.6802 e 4uu maikul place di rye•eden praise,minnesola 55344 business phone 941.9140 April 21, 1983 4 . Planning Commission CITY OF EDEN PRAIRIE 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 L RE: Proposed Bryant Lake Business Center Dear Sirs and Madame: - We have had the opportunity to review the plans for the proposed Bryant Lake Business Center and believe that the four office/industrial buildings comprise a welcome addition to our area. The mixed use nature of the project, i.e., 50% office and 50% warehouse or storage, should generate less car traffic on Market Place Drive than higher density office or commercial buildings and yet allows for quality development in our area. r Si ey yours, I 04 oSli a 4:1 huck Jeronimus/Doris Manthey CJ/DM:ldp I • 0.01 c,t. ctl VOLUNTEERS OF AMERICA CARE FACILITIES 7530 MARKET PLACE DRIVE,EDEN PRAIRIE,MINNESOTA 55344 April 21, 1983 Planning Commission City of Eden Prairie Eden Prairie,Minnesota 55344 Re: Bryant Lake Business Center Proposal Gentlemen: We have reviewed the preliminary plans for subject proposed construction project with Dennis Doyle of Welsh Companies, Inc. and Susan Hustad. The addition of this project to our area would be most welcome and we look forward to the additional business neighbors that will result. Our only concern is that the drainage be adequately addressed so that problems do not result at our level of the adjourning office park. erely, • race Farrington Director of Fine BF/tw cc: Dennis Doyle • Susan Hustad UDd. ,004E.Sok, tog 4 On Minnesota a .c < �Dcp'rtment of Transportation '- District 5 2055 No. Lilac Drive �'OF ' Golden Valley, Minnesota 55422. March 2, 1983 (612)545.3761 Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 In Reply Refer To: 315 S.P. 2785 I-494 Plat review of Bryant Lake Office Tech Center . located in the northeast quadrant of the I-494-169/5 interchange in Outlot C and part of Outlot B, Bryant Lake Center, 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 with consideration of the following comments: - The proposed development will generate additional traffic which will adversely affect the inplace road system. However, this will be negated due to the improvements presently underway or scheduled in this area. - If any work is planned to be done within the existing highway right of way, a permit must be approved before any work is begun. If you have any questions in regard to these comments, please contact Evan Green at 545-3761 ext. 119. Thank you for your cooperation in this matter. 7.//r:"---1 j _1(2 ' d, P.E. District Engineer L' cc: Gerald Isaacs Metropolitan Council Mike Reiter Hennepin County Surveyor's Office WMC:bn An Equal Opportunity Employer .�Y© . JEB 2 8 roe? DEPARTMENT OF TRANSPORTATION „go, 7j- 320 Washington Av, South ;s,4... ,� Hopkins, Minnesota 55343 HENNEPIN , ji... 935-3381 February 25, 1983 Mr. Chris Egger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Egger: RE Proposed Plat - "Bryant Lake Office Technical Center" ' CSAH 60 South of CSAH 60 and East of existing Market Place Drive Section 11, Township 116, Range 22 Hennepin County Plat No. 1067 Review and Recommendations Minnesota Statutes 505.02 and 505.03, Plats and Surveys, require County review ::` proposed plats abutting County roads. We reviewed the above plat and found it acceptable with consideration of these conditions: -Since the plat does not abut CSAH 60, no additional right of way required by Hennepin County. -All access for Phase I construction must be via existing Market Place Drive. I. -Outlot A, as part of Phase II construction, must take all access via existing Market Place Drive. -The location of the street/cul-de-sac to serve Outlot B and the • Schoenfelder parcel is acceptable to Hennepin County. This will be the only access to CSAH 60 between Market Place Drive and the TH 5 bridge allowed by Hennepin County. -Any new access to a county road requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance.permit forms. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. HENNEPIN COUNTY on equal opportunity employer Mr. Chris Ever - 2 February 25, 1983% -The developer must restore all areas disturbed during construction within County right of way. • Please direct any response or questions to Les Weigelt. Sincerely, . ()Weil , James M. Wold, P.E. Chief, Planning and Progranniing JMW/IDW:pl cc: Ron Krueger Si Associates, Inc. . Welsh Construction • rXaC STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: April 22, 1983 PROJECT: Bryant Lake Business Center APPLICANT: Welsh Construction, Inc. FEE OWNER: Eden Prairie Land Company, II LOCATION: South of County Road #60 and East Market Place Drive REQUESTS: 1. PUD Amendment to allow industrial use in an area previously designated for office or commercial. 2. PUD District Review to allow possible variances. 3. Rezoning from C-Regional Commercial to I-2 Industrial Park for Lots 2, 3, and 4 and Rezoning from C-Regional Commercial to Office District for Lot 1 9 4. Preliminary Plat of 10.83 acres into four tots, one outlot, 1 and road right-of-way for Market Place Drive , 1 Background 1 The Comprehensive Guide Plan depicts this site as Regional Commercial. The approved PUD for this site submitted in 1980 depicts this area as Office or Commercial. The current zoning for the site is Regional Commercial, which would allow a Regional ; Commercial shopping center on the site, if the site were 50 acres or more. The site i is within 1,000 feet of the Normal Ordinary High Water Mark of Bryant Lake, which is classified as a Recreational Development Lake, and, therefore, comes under the criteria of the Shoreland Management portion of the City Code. Although there is more than 30% impervious cover projected in this development, that higher coverage 7 was dealt with in the original PUD with mitigating measures, such as a sedimentation ponds as approved by the Department of Natural Resources. 1 i Land Use The City has ample areas designated and zoned for industrial parks. The planning i for these industrial park areas has been to provide large areas for industrial use so that individual industrial users find themselves within a compatible environment. This also protects other less intensive land uses from the nuisances typically associated with industrial users. This site was never anticipated to be utilized in a typical industrial park manner. Its close proximity to Bryant Lake and its , ighest and best use value created by being within the Major Center Area (MCA) ; Nrecluded it from being a candidate for a typical industrial park. H Bryant Lake Business Center 2 April 22, 1983 Proponent claims to be trying to hit a different market than the typical industrial park, which he labels as "high tech." "Research and development buildings have high ratios of parking (3.5 to 4.0 spaces per 1,000 sq. ft. of building), extensive landscaping and park areas, two-story design or truss heights allowing for mezzanine and tenant improvement allowances in the $15-18 per sq. ft. range." (Source: COLDWELL BANKER Client Quarterly, Volume 18, Number 4, April, 1983; New Technology, Growth of High Tech Companies Have Major Affects on Warehouses of the '80's) The building shown on Lot 1 is proposed as an office building. This building has a wood exterior front, wood trim around the balance of the building, and painted concrete rock face block around the other three sides of the building. The industrial buildings shown on Lots 2, 3, and 4 are proposed with brick around three sides of the building and concrete rock face block along the service area, cr backs, of the buildings. The office building would require a variance from the provision of the City Code which allows only up to 25% of a given building elevation to be of a wood material. Three loading docks on Building #2, and three loading docks on Building #3, with one loading dock on Building #1 are proposed. These loading docks would provide for semi-truck deliveries to the individual tenants of some of the spaces. Transportation In the original PUD, Market Place Drive was contemplated to loop through to the east and then to the north to connect into Valley View Road. The parcel has been platted so narrow that continuation of a public road through the center of the property is 3 difficult. In lieu of this, the developer is extending Market Place Drive further to the east to assure that all four lots have frontage on a public street. In , addition to this, the proponent should plat the right-of-way from Valley View Road on the east side of the project so it comes up to the intersection of the lot lines l of Lots 2, 3, and Outlot C. The site plans for Lots 2 and 3 would have to be ' modified slightly in order to provide the proper front yard setbacks from this 1 public street. The existing radius for the cul-de-sac of Market Place Drive would be vacated to conform to the new road and right-of-way geometric. The sidewalk that exists currently along the west side of a portion of Market Place Drive should be continued in this project to the very end of the cul-de-sac. When I the eastern cul-de-sac to Valley View Road is constructed, a sidewalk should be provided along the west side of this road to Valley View Road, as well. i { Ordinance Requirements The site plan for Lot 1 will need to be modified in order to remove the loading area proposed on the south side of the building from any street frontage as required by Code. Lot 4 site plan must be revised in order to comply with the front yard setback requirement for parking. The setback requirement is 5D ft. and the parking area and approach area, as depicted on this plan, would be in conflict with this requirement Bryant Lake Business Center 3 April 22, 1983 of the Code. Landscaping/Screening • With public cul-de-sacs coming up on both sides of the property and ending at both the east and west ends of Lots 2 and 3, the approach to these buildings, comes first past the loading areas, giving a back door approach to the buildings. One way to improve on this problem would be to eliminate semi-trailer loading docks from the buildings and provide loading through over-head doors, which would also help limit the amount of semi-truck traffic in the area by helping to assure tenants without the need for heavy truck deliveries. In addition, carrying the brick far enough around the buildings so that the entire building has an appearance of brick, even though the back of parts of the buildings, continue to be rock face block, would an improvement. One additional change which could be made to improve this "back door" approach would be to move the building on Lot 2 10 ft. to the north, the building on Lot 3 10 ft. to the south, thus allowing a 40 ft. wide green strip area between the two loading areas, which could then be heavily bermed and landscaped to buffer the view to the service areas. This would require a variance from the front yard setback to the freeway on Lot 3, but would be an improvement to the project. The proponent will not have rooftop mechanical equipment in the project. They are planning on having all mechanical equipment hung between the •bar joists inside the building. Existing Site Character and Proposed Grading The parcel has a rolling terrain with slopes averaging 7%. The site drains from west to east into a ditch that is located south of the parcel. The grading of four building. areas will completely change the rolling and hilly nature of the site. The grading plan proposes cutting 14 ft. for Building 1, filling 12 ft. for Building 2, filling 4 ft. for Building 3, and cutting cutting 18 ft. for Building 4. Utilities The site will be serviced by water, sanitary sewer, and storm sewer located within the right-of-way of Market Place Drive and Valley View Road. Water service is to be looped through the site tying to a watermain along Valley View Road. Drainage from ' Lots 1 and 4 will be collected by a catchbasin located within the parking lot and piped to an existing storm sewer line along Market Place Drive, which eventually dumps into Bryant Lake. Storm sewer for Lots 2 and 3 is also collected by catchbasins in the parking lot and piped to the proposed sedimentation pond located in Outlot C, then dumped into a ditch along I-494. Sanitary sewer for Lots 1-4 will tie to a line along Market Place Drive, then to a main along Valley View Road. Outlot C is undevelopable until sanitary sewer is extended from Valley View Road south to the parcel. The proponent must provide all utility easements with the final plat. The water line between Lots 2 and 3 shall be within a 20 ft. wide public utility easement. Water service extending to the north between Outlot C and Lot 2 shall be located within the right-of-way of the revised future road extension. Drainage from the site shall be directed to the proposed sedimentation pond, which shall be sized to accomnodate future development. Bryant Lake Business Center 4 April 22, 1983 RECOMMENDATIONS If the Planning Commission feels that the Land Use proposed is compatible with the 'existing office development, appropriate action would be to recommend approval of the Bryant Lake Business Center project request for PUD Amendment, rezoning from Regional Commercial to Office District and I-2 Park, and PUD District Review to include variances for exterior material, setback, lot size, and Preliminary Platting of 10.63 acres subject to the following: 1. The site plan for Building 1, Lot 1, shall be revised to be in conformance with the City Code with regard to loading areas not being allowed on a '• public road frontage. 2. Building 3, Lot 4, shall be revised to conform to the City Code with regard to front yard setback for parking. 3. The site plans for Lots 2 and 3 shall be revised to allow a 40 ft. green area, heavily landscaped and bermed, to occur within the service areas of the buildings, and to provide for proper front yard setback from the cul-de- sac to be extended south from Valley View Road along the east side of these lots. 4. The office building should be of the same exterior material as the majority of the industrial buildings. 5. The brick on Buildings 2 and 4 shall be carried around to the service areas within view from public roads. 6. A landscaping plan shall be submitted to the Planning Staff prior to City Council review, which provides for screening of all parking and loading areas as outlined in this report. 7. All mechanical equipment shall be within the buildings. 8. The plat should be revised to accommodate extension of the future cul-de-sac on the east side of the project to a point common between Outlot C, Lot 2, and Lot 3. 9. All signage shall conform to City Code. 10. The sidewalk along the west side of Market Place Drive shall be extended to the end of the extended Market Place Drive. 11. The eastern future cul-de-sac shall be constructed at the time of development of Outlot C and shall contain a five ft. wide concrete sidewalk along its west side. 12. The proponent shall submit plans to the Watershed District and to the 1 Department of Natural Resources review and approval prior to final plat. 13. The proponent shall submit detailed plans to the Engineering Department regarding easements, water, sanitary, and storm sewer calculations and hydrant locations shall be revised to not exceed the 300 ft. minimum distance. Also, the proposed sedimentation pond shall sized to accommodate Bryant Lake Business'Center 5 April 22, 19B3 the future development. 14. The Cash Park Fee shall be applicable to this project. • • • 1 )590 . NN 4% . 1 „---!; . N,i,,,,, . g . I 1 •ir lir ft / 14 • I f 1 ,, ri ( )"..41.4) 1 II- ii) --.. Ed‘V ‘, II d . th,' , e sct , • i .: 1 M itill 1f v2 • { UNAPPROVED MINUTES EDEN PRAIRIE PARKS, RECREATION AND NATURAL RESOURCES C0MMISSION • MONDAY, MAY 2, 1983 7:30 P.M., CITY HALL COM,4ISSIOPI I1E?iBERS PRESENT: Marge Friederichs,rJerry Kingrey; Pat ',eJessetSchwartz COMMISSION MEMBERS ABSENT: Bud Baker, Gary Gonyea a. Lions Ta Bert Noterman, owner of Lion's Tap and Dick Putnam, Planner for the project were present. Putnam reviewed the proposed plans • for moving and expanding the parking lot, expanding the building, and squaring up the intersection of County Rd. 4 and Hwy. 169 (involves realignment of Co.Rd. 4 about 60-65' east). Putnam added that the present proposal will be a benefit to the City in that it will make the intersection safer due to the realignment, and also will move the parking lot away from Highway 169 putting the only access to the Tap off of County Rd. 4. • Lambert said he concurs with Planning Staff recommendations, but would like to see the parking lot li0ited to 40 spaces instead of the proposed 60-63 spaces. He said he could go along- with a 53 car parking lot (ordinance requirement), and would recommend straightening out the entry road Which would cut down on the grading required. He added that if more parking is needed he would like to see it added to the west side of the parking area as this would have less impact on the grading of the hill. Jessen asked if employee cars were included in the ordinance minimum. Lambert said he thought they were. Notennan noted that the Tap expects about 11 employee cars on his heaviest day. Putnam added that the developer would like to get by with less grading of the hillside, but the City normally does not allow anything more than a 3:1 grade. He feels this site is different and with proper soil erosion precautions a steeper grade could be successful. MOTION: Kingrey moved to recommend to the Council the following: 1. If expansion of the building is approved, 60 parking spaces plus 3 handicapped spaces near the entrance to the building would be acceptable. 2.) Grading be kept out of the woods on the northeast part of the parking area. 3.) Variable slopes be accepted in areas in order to minimize encroachment of the hillside, 2:1 could be considered in certain places, but grading should stay below the 790 level. 4.) Cash Park Fees would be applicable. 5.) Realignment of County Rd. 4 per developers proposal be accomplished as shown. 6.) Due to unstable soils, the landscaping be done so erosion control can be met. Also included in this recommendation are#3 and 09 from Planning Staff recommendations of April 22, 1983. It is also recommended that when the trees are put in, they follow existing natural vegetation. Schwartz seconded the motion and it carried unanimously. } Planning Commission Minutes of April 25, 1983 members present (Ed Schuck late) • • } B. LION'S TAP. Request for Zoning of five acres from Rural to Highway Commercial for use as a restaurant. Location: North . of Highway #169/212, west of County Road #4. A continued public meeting. • a9 y Planning Commission Minytes 3 ✓ ' �- 'April 25, 1983 At its meeting of April 11, 1983, the .Planning 'Commission had directed Staff to work with the City Attorney to determine the alternatives available for dealing with this property, in that it existed as a non-conforming use within the current zoning district, Rural, and was requesting zoning of Commercial, which was incompatible with the Comprehensive Guide Plan. Planner Enger reported that the City Attorney advised that the use could be zoned and limited to this use through covenants and agreements, which would run between the City and the property owner. The agreement could contain provisions for rebuilding of the use, if it should be destroyed. Such provisions would allow a use similar to the current Lion's Tap, and only the Lion's Tap. No other uses would be allowed by the covenants and agreements between the property owner and the City. • Dick Putnam, representing the owner, stated that they had met with Staff to work out the concerns of the Planning Commission at the April 11, 1983 meeting. A realignment of the roadway had been prepared, which moved the intersection of County Road #4 and U. S. #169 farther east, thereby allowing for a conforming front yard setback for the property and creating a 90 degree angle intersection for these two roads. He stated that the parking had been moved further down the hill, per the Commission's recommendation. There were provisions in the revised plan for 60 parking spaces and three handicapped parking spaces. Also, per the recommendations of the Hennepin County Department of Transportation, the access drive was moved to the south, away from the curve in County Road #4. Mr. Putnam added that the unusual configuration of the parcel was due to the fact that the drain field for the septic system was located to the west of the building. Planner Enger reviewed the recommendations of the Staff Report with the Commission, stating that the basis for the recommendations was to maintain the use at its existing size, not to allow for expansion, and to correct the zoning violations existing on the site. DISCUSSION Torjesen questioned the policy for charging Cash Park Fees to properties, as recommended by the Staff Report for this project. Staff responded that the fee was charged at the time of building permit issuance for the site. Hallett questioned whether it was necessary for the proponent to take any action at this time. Planner Enger stated that proponent was currently in violaton of City Code in a number of instances. Council had directed Staff to act upon the matter in order to resolve the violations as quickly as possible. Johannes asked if any exterior improvements were proposed. Mr. Putnam stated that the roof of the structure would be changed, as would the rear entrance to the structure, as part of this proposed 1#1":" Planning Conmissi•�n MinCtes 4 April 25, 1983 amendment to the property. Johannes questioned whether the City would be gaining or losing by allowing such an addition to the Tap property. He stated that he felt the improvements proposed by the owner would improve the property immensely, and that he did not feel it would be detrimental to allow for the expansion as proposed. Johannes suggested that perhaps the economic feasibility of correcting the violations should be taken into consideration, as opposed to considering the use only in terms of "making it legal." Gartner and Hallett stated that they agreed with Johannes. Chairman Bearman stated that he questioned whether this was an appropriate action to take in that it would be an action based on economics, rather than in conformance with the existing City' Code and Comprehensive Guide Plan. He pointed out that other uses within the community, existing or proposed, were required to meet City Code requirements, as well as conform to the Comprehensive Guide Plan. He stated that he felt the Commission should consider whether they would be willing to make the same recommendation for any other use under such conditions. Hallett questioned how many other uses there were of this type in the City. Staff responded that there were not many, however a count of such uses had never been taken. Hallett stated that he felt the covenants proposed by the City Attorney would be adequate to allow the expansion proposed, yet to limit further expansion of the use. Johannes stated that he felt the introduction of a "T" intersection at the County Road U. S. Highway #169 intersection would be a great Illf benefit to the City. Torjesen questioned if the City Staff had explored other alternatives for dealing with this non-conforming use other than allowing a change to the Zoning District. Staff responded that the City Attorney had stated that the change in zoning was the best alternative. Gartner stated that she was concerned that the slopes be preserved and protected as much as possible. Staff stated that an erosion control plan would be reviewed prior to issuance of a building permit for the property. Chairman Bearman asked for questions and comments from members of the audience. Dean Edstrom, 10133 Eden Prairie Road, stated that he was concerned about the precedence this would be setting in allowing a non- conforming use to be zoned and expanded in conflict with the City Code and Comprehensive Plan. James Van Winkle, 10129 Eden Prairie Road, stated that he preferred the parking lot behind the building. He added that he felt the 29 6 • Planning Conm`ssionMinutes 5 April 25, 1983 proposed 60 spaces would be appropriate. Sever Peterson, 15900 Flying Cloud Drive, stated that he fully supported the proponent's proposal. He added that he was willing to work with the Notermans to realign the intersection of County Road #4 and U. S. Highway #169 by selling them a portion of his property. Mr. Putnam added that the design of the lot was such now that future expansion would not be possible for the use. Hallett questioned how many cars could park at the site currently. Staff responded that it was approximately 40, including the on- • street parking within the road right-of-way. Torjesen stated that he felt the relocation of the parking lot farther down the hill had made an improvement to the site and the overall situation. He stated that, in addition, he did not feel the difference between 40 and 6D parking spaces was of great • significance. Torjesen questioned whether there would be room for additional parking spaces to the west of the building due to the configuration of the parcel. Mr. Putnam responded that the drainfield was located in this area. Torjesen suggested "tightening" the site even further to assure that expansion of the use and parking lot would not be possible beyond what was proposed by the proponent by the plans being reviewed. Staff concurred that this should be done. MOTION 1: Motion was made by Gartner, seconded by Hallett, to recommend approval of the rezoning of approximately two acres of property 1 necessary for the current Lion's Tap and 60 parking spaces, limiting expansion to the architectural elements necessary to provide access to the restaurant from the north side, including the addition of 39 seating places within the restaurant, based on revised plans 'and written materials dated April 21, and April 22, 1983, and subject to the recommendations of the Staff Reports of April 8, and April 22, 1983, with the addition of a condition #10 to read: "The configuration of the site shall be "tightened" to assure that future expansion of the building and parking areas cannot be allowed by lot size;" and condition #11 to read: "The specific use of this site is intended, and shall remain to be, only for the Lion's Tap. Covenants between the City and the owners to restrict the use to the Lion's Tap only shall be prepared and executed." Motion carried--5-2-0 (Chairman Bearman and Schuck against) planning Commission Minutes of April 11, 1983 • Members Present: Chairman Bearman, Gartner, Hallett, Schuck, Torjesen • Members Absent: Marhula, Johannes C. LION'S TAP. Request for Zoning of seven acres from Rural to Highway Commercial for use as a restaurant. Location: North of Highway #169/212, west of County Road #4. A public meeting. Staff reviewed the request of Bert Noterman, owner of the Lion's Tap, for rezoning of the Lion's Tap property. Mr. Noterman gave a brief history of the development of the property as to how the use had evolved at this site. Mr. Dick Putnam, representing the Notermans, compared this use to • other non-conforming uses in the City. Mr. Rick Sathre, proponent's engineer, reviewed the design of the proposed parking lot expansion with the Commission. He indicated that the slope of the driveway proposed was 8%, the slope of the parking lot was 4%. Mr. Sathre discussed the upgrading of the intersection of U. S. 169/212 and County Road #4. He presented alternatives to the Commission for review which created a 90 degree angle intersection • with County Road #4 and allowed for location of parking for the site in a more level area. Mr. Sathre stated that the plans had been reviewed with Hennepin County's Transportation Department; however, the upgrading of this intersection was not high on their priority list for funding at this time. The relocation of the road to the east to form the 90 degree angle intersection would locate the road on Mr. Sever Peterson's property to the east. It would not, however, be located within the floodplain of the area. Planner Enger•explained the status of the use based on the Zoning Ordinance, which would classify the restaurant as a non-conforming use. He stated that, while it was true that other non-conforming uses existed in the City, none of those mentioned by Mr. Putnam were outside of the M.U.S.A. Line (Metropolitan Urban Service Area) and were serviced by public sewer and water. This site was located far outside of the M.U.S.A. Line and had no public sewer or water. Planner Enger stated that there were setback problems with the site, which would not be solved by rezoning. Also, if the site were to be rezoned, the City must keep in mind that the site and its land use could be changed to meet any of the types of uses allowed in the Planning Commission Minutes 10 April 11, 1983 { district to which the property would be zoned. The City would not • be prudent in zoning a property without considering the potential future use of the land involved. Regarding the preservation of slopes, Planner Enger stated that this bluff area of the City presented a problem for sites such as these. The grading proposed for this use was significant in order to obtain the expansion of the parking lot requested. In addition, the soils • of the slopes were of a delicate type, which would need special care for stabilization of the new grades. Chairman Bearman asked why a building permit was issued for work done in 1980 for this use, if it was non-conforming. Staff stated that the permit was issued to allow the use to conform to health and fire safety requirements. • Gartner asked if it would be feasible to rezone just the small portion of the overall site which would include the building and parking area. Planner Enger said that it would. Hallett questioned the source of water for the floodplain area in the vicinity. Planner Enger responded that the floodplain was a result of the Minnesota River backing up into this area during high water times. The water backs up to the pond located at the southwest corner of the Peterson property. Chairman Bearman opened the meeting to comments and questions from members of the audience. Mr. Dean Edstrom, 10133 Eden Prairie Road, expressed concern regarding preservation of the bluffs and the deer trail running through the property. He stated that he felt that the use, since it was non-conforming, should not be allowed to expand. Mr. Sever Peterson stated that his family had lived across County Road #4 from the Tap for many years and it was their opinion that they were good neighbors in the area. He said he had spoken with many of his neighbors in the area and had been told by them that they had no objection to the expansion of the Tap. He added that he did not feel the traffic problem at the U. S. 169/212 and County Road #4 intersection was caused by vehicles from the Tap. Rather, it was just a busy intersection of two major roads. Torjesen stated that he lived in an area with many non-conforming uses. He stated that he did not feel the City should "push" non- conforming uses into conformity, if there were no problems with them. However, he added that he felt expansion of non-conforming uses was a different matter altogether. Chairman Bearman stated that he questioned whether there was justification in this particular case for allowing expansion of a non-conforming use. Hallett stated that he felt the Tap was a particular type of use 299 Planning Commission Miqutes 11 April 11, 1983 that would not be as successful, if relocated. Planner Enger stated that it may be possible to allow for the expansion of the use under strict conditions per a developer's agreement on the site, which would allow for the expansion under limited conditions. Another alternative would be the suggested rezoning. Planner Enger stated that regardless of whether or not the Tap expanded, for whatever reason, the request was for rezoning of more land than would be required for the Tap. It would be inappropriate to rezone more land than necessary. • Mr. Noterman stated that he felt he was making a good faith effort to comply with City requirements, and had purchased additional property in order to be in conformance with City Code. He stated that he had invested a large amount of money already into expansion plans, which would allow him to bring his use into conformance with City requirements. Also, he would have to spend more money in the future, if construction was approved. Mr. Noterman stated that the reason for the requested expansion of seating capacity was to do more business in order to pay for the expansion planning and construction work. He stated that the overall costs would total approximately S200,000 when the project was complete. MOTION: Motion was made by Gartner, seconded by Torjesen, to return the proposal to the proponent and Staff with the suggestion that they work together to find a way to make Lion's Tap a bona fide use, to bring the use into conformance with City Codes, but also to limit expansion of the use. Further, that the public meeting be continued to the April 25, 1983 meeting. Schuck stated that he was convinced of the good intentions of the proponent regarding his efforts to bring the site into compliance' with the Code, but based on City Code, further expansion of the non- conforming use was not allowed. Schuck questioned whether suitable alternatives were available to satisfy both the proponent and the City. Dean Edstrom.stated that he did not feel the City should make a decision based on monetary needs of the proponent. He stated that he felt there was no way to change the fact that the use was non- conforming, and, therefore, not allowed to expand. i} Tony Noterman, attorney for Bert Noterman, stated that he had discussed the upgrading of U. S. 169/212 with the State Highway Department. He stated that he was told by them that upgrading of the road was not within their 20 year capital improvements program. The Commission then voted on the motion. Motion carried--4-1-0 (Chairman Bearman voted no) yCU Planning Commission Minutes 12 April 11, 1983 • Chairman Bearman voted no, stating that he did not feel the matter should be postponed to a later date, but that a decision should have been rendered at this meetini. • yo-/ viNY Y Me± 111 DEPARTMENT OF TRANSPORTATION "" N, 320 Washington Av. South _.., ' Hopkins, Minnesota 55343 •...0 HENNEPIN 935 3381 May 6, 1983 Mr. Chris Enger Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Enger: . RE Proposed Site Plan - "Lions Tap" CSAH 4 NW Quadrant TH 169 Section 29. Township 116, Range 22 Hennepin County Plat No. 1080R Review and Recommendations We reviewed the above site plan and found it acceptable with consideration of these conditions: -For future improvements to existing CSAH 4 the developer should dedicate an additional 7 feet of right of way making the right of way 40 feet from the center of CSAH 4. Scaling the additional right of way on the site plan shows the corner of the existing building would be right at the right of way line. -The proposed building expansion must not extend into the proposed right of way corridor. -Any revisions to CSAH 4 must receive full Hennepin County approval and construction must be to Hennepin County standards. -Since Hennepin County does not have funding to participate in rinithe i for all ens, proposed CSAH 4 revisions, the developer must pay including additional right of way. -The location of the proposed access onto existing CSAH 4, 200 feet north of the TH 169 centerline, is acceptable to Hennepin County. Although this location does not meet the minimum sight distance requirements for the posted speed limit, it is the safest location en the existing CSAH 4 frontage. -Any new access to a county road, or a revision to an existing access requires an approved Hennepin County entrance permit before beginning any construction. See our Traffic Division for entrance permit forms. HENNEPIN COUNTY an equal oppodunlly employer 902- Mr. Chris Enger,- 2 May 6, 19133 -Since the site abuts TH 169 it must receive full Mn/DOT approval. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, • , 4,///i( .. James M. Wold, P.E. Chief, Planning and Programming JMW/LOW:pl .: - - cc: Sathre-Bergquist, Inc. • • 903 APR 11 roe: tIM�` DEPARTMENT OF TRANSPORTATION , 320 Washington Av. South ,�x, A, ♦w��u Hopkins, Minnesota 55343 HENNEPIN 935-3381 April 8, 1983 • Mr. Chris Eager Director of Planning City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Eager: RE Proposed Site Plan - "Lions Tap" CSAH 4 NW Quadrant TH 169 Section 29, Township 116, Range 22 Hennepin County Plat No. 1080 Review and Recamiendations found it acceptable with consideration We reviewed the above site plan of these conditions: 4 in this area Hennepin County will -For future improvements to CSAH the right of way require an additional 7 feet of right ofwaya making right a 40 feet from the center of CSAH 4. building way on the site plan indicates the cornerr of the existing Would be right at the right of way not be allowed -At this time we request the proposed building expansionc to extend into the future right of way corridor. 1 -The proposed location of the access onto CSAH 4, approximately 320 feet j north of TM 169 centerline, does not meett a minim sight distance to the driver's left for the posted speed -To provide better sight distance to the driver's left the developer must place the access onto CSAH 4 200 feet north of thei sight 69scente ligeire^ Although this location does not meet the minimuvn onto CSAH 4. scents, it is the safest location on the frontage roved Hennepin County -Any new access to a county road requires anuction. See our Traffic entrance permit before beginning any Division for entrance permit forms. r HENNEPIN COUNTY • on equal opportunity employer Mr. Chris Eager - 2 April 8, 1983 .. -Since the site abutts 711 169 it must receive full Mn/DCT approval. -All proposed construction within County right of way requires an approved utility permit prior to beginning construction. This includes but is not limited to, drainage and utility construction, trail development, and landscaping. See our Maintenance Division for utility permit forms. -The developer must restore all areas disturbed during construction within County right of way. Please direct any response or questions to Les Weigelt. Sincerely, / ;), /7/7. ‘.. {11,e -,James M. Wold, P.E. Chief, Planning and Programming JMW/LDW:pl cc: Sathre-Bergquist, Inc. • • • • 9a5 HOZBNA3 • TANDEM Jame..I.. >,renm Richard A.Putnamam CORPORATION '• 'AIR.S•PI AX:S/.R.S•AtVh.LOPLR.S 6440 Plying('loud I)ri .I dcii Prairie.MN 55344/012)941•to"u MEMO • TO: Steve Sullivan, Planner ' FROM: Dick Putnam W DATE: March 25, 1983 SUBJECT: LIONS TAP - Questions 1. Owner: Lion Tap, Inc. - Bert A. Notermann, Pres. 2. Surveyor, Architect, Designer - page 1 submission booklet. 3. Acreage - 7 acrest . 4. Site Area: 7 ac., 304,920 sq. ft. • Bldg. (existing) 3,20D sq. ft. ± Bldg. (proposed) 1,600 sq. ft. ± Future total: 4,800 sq. ft. t F.A.R.: Existing on 7 ac. site: .010 Proposed 7 ac. site: .015 • i 5. Set Backs: I Existing Front Yard to 169 = 22' max., 6' min. ; ' Existing Front Yard to Co. Rd. 4 = 30' max., 6' min. Proposed Front Yard to 169 = 22' max., 6' min. Proposed Front Yard to Co. Rd. 4 = 30' max., 3' min. imilar 6. The buildinthe current9building,will be cbrickl,cted of stucco,scedar, asphaltlshingle exists roof on 7 Roof sccrcm both uphill e will and down incorporated siewSinto the truss system and reened fro 8. MnDOT's County review of proposed road and access requests. I have discussed the proposed Lions Tap pl ans with Dennis Hanson, Les Wigel .at Hennepin County Public Works. The plans we discussed involved moving Co. Rd. 4 east with the county participating in the project by paving the new road alignment if we acquired the right of way and filled it to grade. Our last response from them was that they would NOT participate in the project. I expect that the city will be sending each highway department copies of the proposed plan for their comments. I would be happy to meet with the highway department planners if you think it appropriate. gob • • Memo - Steve Sullivan - Lions Tap March 25, 1983 Page - 2 - 9. Storm Sewer would be installed adjacent to Co. Rd. 4's entrance and would use the existing ditch along 169 for parking lot drainage. 10. The landscaping concept is not submitted as a final construction landscaping plan. I expect to provide detailed information with the Slope Regulations requirements IF the rezoning request is approved. Likewise the soil stabil cation plans will be detailed at that time. I think that the bigger issue of land use and zoning is what our application is really about. Please give me a call if you have questions when you get ready to review the project. Thanks, Dick Putnam RP:lj • 907 • MEMORANDUM TO: Parks, Recreation and Natural Resources Commission FROM: , Bob Lambert, Director of Community Services . DATE: April 27, 1983 SUBJECT: Supplemental Staff Report to the April 8 Fr April 22 Planning Staff Report on Lions Tap The major issue facing the Parks, Recreation and Natural Resources Commission regarding the Lions Tap is the question regarding grading of the bluffs. The question regarding land use, variances on setbacks, etc. is addressed by the Planning Commission. 'the Planning Commission reviewed•this proposal at their April 11 and April 25 meetings. At the April 25 meeting, the Planning Commission voted 6-1 to approve rezoning of approximately 2 acres and construction of the 60 car parking lot behind the Lions Tap. The Community Services staff concur with the Planning Staff recommendation to recommend rezoning approximately 2 acres of the property necessary for the current Lions Tap operation and a parking lot accommodating A0 spaces and limiting the expansion to architectural elements necessary to provide access to the restaurant from the north side subject to the conditions listed on the April 22 Staff report. however, the Community Services Staff also recognize that the City Council may concur with the Planning Commission recommendation allowing expansion of the Lions Tap. Community Services Staff would point out that the expansion would require only a total of 53 parking spaces to accommodate 158 seats within the restaurant. The Community Services Staff recommends redesign of the parking lot to either the 40 spaces recom- mended by the Planning Staff or to a maximum of 50 spaces behind the Lions Tap building, plus the additional 3 spaces proposed just east of the building; futhermore, Community Services Staff recommend moving the parking lot further to the west and realigning the access road to the'parking lot so that it falls within more of an east/west alignment and follows the contour of the slope up behind the existing building. The realignment and moving the parking lot would eliminate a great deal of the grading of the slope that has been proposed, and could still accommodate the requested expansion, if the Council chooses to approve that request. (Reducing the parking to 40 spaces further reduces the grading.) This recommendation also takes care of the existing dangerous parking problem and reduces greatly the impact of grading on the bluff. Community Services Staff feel that it is very important to attempt to follow the existing contours of the bluffs and to maintain the approximate 3-1 slope that pre- sently exists in that area of the bluff. Community Services Staff also recommend • rigid controls and standards regarding erosion control for this project and would recommend either sodding, or seeding with a fiber'blanket overlay, immediately upon finished grading of the slope. CL:md STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning PROJECT: Lion's Tap DATE: April 22, 1983 APPLICANT & FEE OWNER Bert Noterman REQUEST: Rezoning from Rural to C-Highway Commercial LOCATION: Northwest corner of County Road #4 and U. S. Highway 169 Background This item had been continued from the April 11, 1983 Planning Commission meeting in order to allow the proponent to revise his request to be in conformance with the April 8, 1983 Planning Staff Report. The Planning Commission was concerned about allowing the current Lion's Tap use of the property to continue without substantial expansion of the structure. Planning Staff has worked with the proponent since the April llth meeting, and the owner is proposing the following: Relocation of the parking lower on the hill, as described in the April 8th Planning Staff Report, with j. provision of 6D parking spaces, rather than the limited number of 40 recommended by the Staff. The owner is also proposing acquisition of 0.20 acre of property from the east'side of County Road 4 from Sever Peterson, in order to allow the project to be in conformance with front yard setback requirements. The proposed expansion would be from 119 seats within the restaurant to 158 seats within the restaurant. Request is for rezoning to C-Highway Commercial, with an anticipated request for variances to allow a commercial use in an unsewered area and to allow loading within a front yard setback and on a road frontage, not allowed by City Code. Also the expansion of the restaurant from 119 seats to 158 seats through the addition of a' dining room is requested. A future request for platting is expected in order to remove old lot lines lying on the north side of the building, which would separate the parking from the building. RECOMMENDATIONS: Planning Staff would recommend rezoning of approximately two acres of property necessary for the current Lion's Tap and 40 parking spaces, limiting expansion to the architectural elements necessary to provide access to the restaurant from the north side, subject to the following: 1. The rezoning be conditioned upon the Lion's Tap not expanding further. 2. The parking be limited to 40 cars and the seating capacity be limited to the current seating capacity. 9 09 Lion's Tap 2 April 22, 1983 3. A detailed soil erosion and control plan, with a detailed grading plan, be submitted to the City Staff prior to Council review pertaining to the • grading north of the building at the toe of the bluff to allow for the 40- car parking area. 4. The 0.20 acre proposed by the owner to be acquired from the east side of County Road 4 be accomplished and that fill to allow the relocation of County Road 4 be placed by the proponent in accordance Hennepin County Highway Department specifications. 5. No access to U. S. Highway 169 be allowed. 6. A Cash Park Fee of $1,400 per acre would be applicable to this project. 7. Variances for front yard setback for a loading area and a commercial use without public sewer and water be reviewed by the Board of Appeals. 8. The request for preliminary platting, which would contain the project to the 40-car limitation and size of the building, be processed through the City. 9. The grading plan be reviewed and approved by the appropriate watershed district prior to any grading. '•TAFF REPORT TO: Planning Commission , FROM: Chris Enger, Director of Planning DATE: April 8, 1983 PROJECT: Lion's Tap REQUEST: Zoning District Change from Rural to C-Highway Commercial for 7 acres of property for restaurant expansion APPLICANT: Lion's Tap, Inc. • FEE OWNER: Bert A. Noterman LOCATION: In south-central Eden Prairie on the Northwest Corner of County Road #4 and U.S. 169 Background The history of the Tap is outlined partially in the developer's supportive information. It should be noted, however, that the property according to the 1958 zoning map was shown as Public. The 1968 Zoning Map showed the area as Rural. The 1968 Comprehensive Guide Plan showed the area as Agricultural and the 1982 • Comprehensive Guide Plan shows the area as Low Density Residential. The current zoning of the property is Rural, which would allow agricultural use and/or one home per 10 acres of property. It is somewhat difficult to tell from the information submitted what the exact form of the Lion's Tap was in 1958 when the City's Zoning Ordinance was adopted. It can be assumed that the Tap, as it occurs today includes approximately 40 hard-surfaced parking spaces, and kitchen and building expansion were added since 1980. The restaurant, in 1958, had seating capacity for less than 80 people, with only informal parking off of the County and U. S. Highway right-of- ways. If this was the form that the restaurant was in upon adoption of the 1958 Zoning Ordinance, it could be classified as a non-conforming use as of that date. • The City Code covers non-conforming uses in the following manner: "Except as otherwise provided in this Chapter such a use lawfully occupying a structure or a site on the effective date of this section, or amendments thereto, that does not conform with the use regulations or the site area per dwelling unit regulations for the district in which the use is located shall be deemed to be a non-conforming use and may be continued except as otherwise provided in this section. "Non-conforming uses must comply with all regulations for off-street parking and loading, screening, landscaping and performance standards. "Routine maintenance and repairs may be performed upon a structure or site, the use of which is non-conforming and on a non-conforming structure." • CI11 Lion's Tap Staff Repori 2 April 8, 1983 "This section is intended to limit the number and extent of non-conforming uses by prohibiting their enlargement, their re-establishment after abandonment, and their alteration or restoration after destruction of the structures they occupy. Eventually, certain classes of non-conforming uses, non-conforming structures of nominal value, and certain non-conforming signs are to be eliminated or altered to conform." Knowing the current legal status of the Lion's Tap restaurant helps us identify different decisions the City may make regarding the continued use of this property. 1. The use may be expanded as requested. 2. Additional right-of-way could be acquired for relocation of County Road #4 to the east and the site expanded to meet the ordinance. This alternative would require positive action by the City regarding County Road #4 realignment. 3. Do not rezone the parcel, but rectify the current Code violations and control any future expansion while retaining the status of the use as a non- conforming use. 4. Allow no modification of the property or structure and enforce parking regulations. Although the request is for rezoning of two acres plus an additional five acres from Rural to C-Highway Commercial, the City, in no case, should entertain rezoning of a parcel larger than necessary to accommodate the amount of improvement finally approved by the City. In addition, if any of the solutions proposed by the owner are adopted by the City Council, a platting of the property will be necessary to remove the common lot line between the two-acre parcel of the existing Lion's Tap and the five-acre parcel lying to the north. Existing Code violations, in addition to the existing non-conforming use, currently include: Front yard setback violations to the building on both the County Road #4 and U. S. Highway #169 frontages--At the southeast corner of the existing building, the setback is currently 10 ft. and the setback to the front or 169 side of the building is currently 24 ft., both of which should be 35 ft. Parking--The entire parking for the existing building is either within County Road right-of-way or front yard setback in all cases. Because of the existing parking situation and tightness of the setbacks, and due to the very close proximity to U. S. Highway 169 and County Road #4, a very hazardous traffic situation has existed for a number of years at the Lion's Tap. This traffic hazard increases as the business for the Lion's Tap increases and the traffic on both highways increases. This traffic hazard must be corrected. Proposal Analysis The Lion's Tap building and parking occur at the very toe of the slope of the Minnesota River bluffs which rise some 150 ft. above it. The small building is Lion's Tap Staff Report, 3 April 8, 1983 squeezed between this large geologic formation and the highly travelled highways of U. S. #169 and County Road #4. Since the building started as a roadside stand, it is easy to understand why there was no parking provided for. In the 1930's, traffic on these two roads must have been fairly sparse, and it was a common occurrence to .pull off to the side of a highway to visit a roadside stand. As the character of the business changed, and the highways increased in use, and the business increased, the natural restrictions of the site began to be felt. All of this incremental growth gradually led us into the situation which now exists. The proposal to rectify the parking situation is to expand the business again in order to allow enough additional growth to support additional capital expenditure. Money would be spent on expanding parking and has already been spent on acquiring the additional property. Parking would be added largely behind, or to the north of, the building. Since the building is literally built into the toe of the Minnesota River bluffs, any parking occurring behind the building will require significant grading. The plan sheet dated June 10, 1982, which illustrates the grading necessary to accommodate additional parking, also shows considerable alteration of the existing vegetation on the site. A very significant 36 in. oak located directly to the north of the building, and scattered oak trees along County Road #4, as well as to the northwest of the building, will be lost through the grading process. In addition, slopes ranging from 1.5:1 to 2.5:1 are proposed to try and keep the grading area to a minimum. However, the bluff is a very fragile soil type, being mostly sand, and will not be easy to restore with such steep slopes. For this reason, Staff would recommend that the development, of a parking lot, if allowed, occur lower on the slope, closer to the building. In order to do this, Staff would recommend reducing the amount of parking to 40 cars, which would support the current 120 seats within the existing restaurant. Any expansion past this point would require additional grading. The parking should be pushed lower on the hill and placed at about the 744 elevation on the east end and the 758 elevation on the west end with a 3:1 slope to the north, which would match to the existing bluff at the 780 topographic contour. The entrance on County Road #4 that would be created, would be 300 ft. back from the intersection of U. S. #169 and County Road #4 and would be a better situation than exists today. However, the site distance to the north occurs at the end of a fairly sharp curve and would be poor. The access proposed onto U. S. #169 should be eliminated entirely with all access to the 40 car parking lot to be via County Road i4. Even with less parking behind the building, the physical impact on the property is not good. Findings and Conclusions 1. The Lion's Tap use could be considered a non-conforming use. 2. The site is not now zoned Commercial, nor has it ever been zoned Commercial. 3. The 1958 Zoning Map depicted this area as Public. 4. The 1968 Zoning Map depicts this area as Rural. 5. The 1968 Comprehensive Guide Plan showed this area as low density Qi3 Lion's Tap Staff Report,. 4 April 8, 1983 residential. 6. The 1982 Comprehensive Guide Plan shows this area as Residential, 1D-acre lot size minimum. 7. The current Zoning for the property is Rural. 8. The traffic situation that exists because of the parking today is hazardous. 9. The existing use of the property does not conform to the Code in terms of parking or setbacks or land use. 1D. Unless the use is to be discontinued, the parking situation should be corrected. 11. The 7 acres proposed to be rezoned by the proponent is excessive in comparison to the actual amount of land proposed to be used for such use. 12. If the proposal is accepted in some form by the City, a platting of the property should occur to eliminate the lot line which would separate the existing building from proposed parking. 13. The amount of grading proposed upon the site is excessive and should be reduced. 14. It is likely that U. S. Highway #169 would at some point be widened to at least four lanes, which could be expected to remove this use altogether. RECDMMENDATIDNS The Planning Staff would recommend to the Planning Commission that the Lion's Tap request for rezoning from Rural to C-Highway Commercial be denied for the following reasons: 1. It is inconsistent with the Comprehensive Guide Plan. 2. The area is outside of the Metropolitan Urban Service Area (M.U.S.A.) Line and is not served by public sewer and water. In the event of a fire, there would be no way to fight it. 3. The site cannot be brought into conformance with the City Code because of setback problems. The Planning Staff would further recommend that the project be returned to the proponent for revision to remedy the hazardous parking situation in a manner similar to that described in this Staff Report for 4D car parking only. This amount of parking would support the existing restaurant. The use should be retained in a non- conforming status, and substantial improvements to the building or property beyond the rectification of parking should not be made. It is expected that the use would eventually be discontinued at this site. 61114 CITY OF EDEN PRAIRIE • HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-109 • A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Man ("Plan"); and, WHEREAS, the Plan has been submitted to the Metropolitan Council for review and convent; and, WHEREAS, the proposal of Associated Investments for development of the Lorence Addition for medium density residential uses requires the amendment of.the Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of Eden Prairie, Minnesota, hereby proposes the amendment of the Plan as follows: approximately 4.725 acres located south of Valley View Road, west of Duck Lake Road be modified from Low to Medium Density Residential. ADOPTED by the City Council of Eden Prairie this day of , 1983. • Wolfgang H. Penzel, Mayor -_ ATTEST: John D. Frane, City Clerk SEAL 141 Parks, Recreation and Natural Resources Commission Minutes of May 2, 1983 ibers present: Marty Jessen, Pat Breitenstein, Marge Friedrichs, Jerry Kingrey, Jesse Schwartz Members absent: Bud Baker, Gary Gonyea b. Lorence Addition Condominiums Lambert noted there are no significant issues for this Commission regarding this proposal. Kingrey questioned whether the holding pond could be used for any other purpose than just a drainage area. He feels that this pond might be used as an amenity by the developer, and recommended • the developer landscape around the pond. MOTION: Kingrey moved to recommend approval of Lorence Addition ton ominiums per Planning Staff Report of April 22, 1983. Schwartz seconded the motion and it carried unanimously. • 91( • k P'•ining Commission Minutes of April 25, 1983 All members present • E. LORENCE ADDITION, by Associated Investments, Inc. Request for Guide Plan Change from Low to Medium Density Residential and Rezoning from Rural to RM-6.5 for 4.725 acres for 31 condominium units. Location: Duck Lake Road and Valley View Road. A public meeting. Mr. Tom Robertson, Associated Investments, Inc., reviewed the request for the development with the Commission. He stated that the property would be developed under condominium documentation. even though the buildings would appear to be more like townhouses. This was being done as it provided greater protection of the owners in terms of maintenance of the common areas of the property. The cost of the units would be approximately $60,000 per unit, and would average 980 sq. ft. of floor area. Planner Enger reviewed the requested Guide Plan change for the site. He pointed out that the site was isolated by physical features such as Valley View Road, the railroad embankment, and a ponding area. Also, the utilities in the area were adequate to service the site. • The isolation of the site physically would likely prevent the expansion of a medium density district to the west as such physical features were not present. Staff was recommending in favor of the proposed Guide Plan change. Staff was also recommending in favor of the requested front yard setback variance due to the excessive size of the right-of-way for Valley View Road in that particular location. DISCUSSION 9j Marhula questioned whether there was still a small sliver of land between this property and the Valley View Road right-of-way left from the realignment of Valley View Road through this area. Staff responded that the "sliver" had been purchased by the City at the time of the realignment of the road, which was the reason for the right-of-way being excessively large in this area. Ted Brinkman, 18117 Valley View Road, stated that he was concerned that the Guide Plan change from low to medium density not be expanded any further to the west. He asked for examples of where other units of this type were located in the City. Staff mentioned three locations to Mr. Brinkman. Planning Commisc.ion Minutes 12 April 25, 1983 Jeanine Nelson, 18129 Valley View Road, asked if the elevation of • the railroad track in this area would cause drainage problems for this site. Mr. Robertson responded that this had been considered in • the utility plans for the project. MOTION 1: r-- Motion was made by Gartner, seconded by Schuck, to recommend approval of the request for Guide Plan Amendment from Low Density Residential to Medium Density Residential for 4.725 acres for 31 condominium units, based on materials and plans dated March 1, and March 10, 1983, and based on the criteria listed in the Staff Report of April 22, 1983. Motion carried--7-0-0 • MOTION 2: • Motion was made by Gartner, seconded by Torjesen, to recommend approval of the request for rezoning from Rural to RM-6.5 for 4.725 acres for 31 condominium units, based on materials and plans dated March 1, and March 10, 1983, subject to the recommendations of the Staff Report of April 22, 1983. Motion carried--7-0-0 • • STAFF REPORT TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner 'MOWN:UGH: Chris Enger, Director of Planning DATE: April 22, 1983 PROJECT: Lorence Addition Condominiums APPLICANT & FEE OWNER Associated Investments, Inc. LOCATION: South of Valley View Road and West of CMSt.P & P Railroad REQUESTS: 1. Guide Plan change from Low Density to Medium Density Residential 2. Zoning from Rural to RM-6.5 of 4.72 acres for 6 buildings comprising 31 condominium units Background The current zoning is Rural. The Guide Plan depicts this parcel as Low Density Residential. Guide Plan The evaluation of the Guide Plan change, from Low Density to Medium Density Residential, is based on several criteria: 1. Valley View Road has the capacity to handle the additional traffic. 2. Utility capacities are adequate. 3. A Medium Density Residential use has been approved south of the adjacent railroad. 4. The railroad embankment buffers the site from the south. 5. Valley View Road separates the site from the potential Low Density . Residential to the north. The pond separates the site from the potential Low Density Residential to the west. 6. The right-of-way along Valley View Road is greater than typical. Existing Site Character The parcel is basically flat, draining from the northeast to the existing storm 611Q • Lorence Addition 2 April 22, 1983 water retention pond located in the southwest portion of the site. The parcel has been cultivated and offers no significant vegetation or wildlife habitat. The soils are conducive for development. The site is adjacent to a railroad embankment to the south, Valley View Road to the north, and a storm water retention pond to the west. Ordinance Requirements The site meets or exceeds the minimum lot size, width, depth, F.A.R., rear, and side yard setback requirements. The proposal has one inside and one outside parking stall available for each unit per the City Code. The proposed density of 6.5 units per acre is consistent with the RM-6.5 District. The proponent has placed both parking and one building within the front yard setback. Valley View Road right-of-way widens within this area. A landscape plan has been submitted. Staff recommends that the proponent revise the landscape plan prior to building permit issuance to provide the following: 1. Additional evergreen plant material and/or berming of the site in order to screen the southern parking lots. 2. Additional evergreen plant material and/or berming north of the north parking area, screening site lines from Valley View Road. 3. A buffer along the west and south portion of the site. The Guide Plan depicts the adjacent western and northern parcels as Low Density Residential. Staff feels that the addition of buffering along the south and west portion of the 1' site could visually contain the site, providing for residential variety within the immediate neighborhood. Site Plan The site is oriented with three buildings facing the pond and three buildings facing a central court yard. A minimum amount of grading will be required for development of the site. The site drains from northeast to the storm water retention pond to the southwest. The site will be serviced by water and sanitary sewer from mains along Valley View Road. The proponent indicates minimal storm sewer on the site. The site plan indicates two access drives connecting to Valley View Road. The west access drive is located directly across from Duck Lake Road. The site lines are 9 20 Lorence Addition ' 3 April 22, 1983 adequate from these access points. An 8 ft. bituminous trail is located along the south side of Valley View Road with a • 5 ft. concrete sidewalk along the north side. Parks Round Lake Park is within a quarter-mile of the site. Facilities include athletic fields, beach, picnic areas, trails, tennis courts, and shelter buidlings. The • Community Center is located also within a quarter-mile of the site. Facilities include racquetball courts, pool, fitness and meeting rooms. The proponent shall be responsible for the Cash Park Fee requirement. RECOMMENDATIONS Staff recommends approval of the Lorence Addition condominiums for a Guide Plan change from Low Density to Medium Density Residential and rezoning from Rural to RM- 6.5, subject to the proponent meeting the following conditions: 1. The landscape plan shall be revised to include screening of the parking areas and a buffer along the north and west portions of the site, prior to building permit issuance. 2. ' All signage shall conform to City Code. 3. The proponent shall submit detailed plans to the Engineering Department prior to Final Plat regarding water, sanitary sewer, storm water calculations, and utility easements. 4. The proponent shall meet with the Fire Marshall prior to City Council review with respect to hydrant locations. 5. The proponent shall submit plans to the Watershed District for review and approval, prior to building permit issuance. 6. The proponent shall pay the Cash Park Fee. • ej 4 . Member introduced the following reso- lution and moved its adoption: CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN STATE OF MINNESOTA( RESOLUTION NO. 0 i^/~ RESOLUTION PROVIDING FOR FURTHER MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICTS NOS. 1, 2, 3, AND 4 LOCATED THEREIN BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota (the "City"), as fol- lows: Section 1. Recitals. 1.01. It has been proposed that the City further modify its Development Program for Development District No. 1 ("Development District No. 1") and the Tax Increment Financing Plans (the "Tax Increment Financing Plans") for Tax Increment Districts Nos. 1, 2, 3 and 4 located therein, to reflect the legal changes made in the Tax Increment Financing Act pursuant to Laws 1982, Chapter 523, to add to the estimated project costs those costs attributable to the advance refunding of the General Obligation Tax Increment Bonds of 1982, to include additional parcels to be acquired by the City for purposes of construction of the roadway system, to delete parcels, previously indicated for acquisi- tion by the City, which no longer are necessary for acquisi- tion for purposes of construction of the roadway system, and to make other modifications as deemed necessary, all pur- suant to and in accordance with Minnesota Statutes, Chapter 472A, as amended, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 1.02. This Council has caused to be prepared, and has investigated the facts with respect thereto, a proposed modification to the Development Program for Development District No. 1, and has caused to be prepared, and has in- vestigated the facts with respect thereto, a proposed modi- fication of the Tax Increment Financing Plans for Tax Incre- ment Districts Nos. 1, 2, 3 and 4 relative to the changes described in Subsection 1.01 above. 1.03. The City has performed all actions required by law to be performed prior to the modification of the De- velopment Program for Development District No. 1 and the modification of the Tax Increment Financing Plans for Tax g2 ' Increment Districts Nos. 1, 2, 3 and 4 located therein, including, but not limited to, consultations with Hennepin County and the School Districts having taxing jurisdiction over the property included in Development District No. 1 and Tax Increment Districts Nos. 1, 2, 3 and 4 and a review of the modified Development Program and Tax Increment Financing Plans by the City Planning Commission and the holding of a public hearing upon published and mailed notice as required by law. 1.04. The Council hereby determines that it is neces- sary and in the best interests of the City at this time to further modify the Development Program for Development Dis- trict No. 1 and to modify the Tax Increment Financing Plans for Tax Increment District Nos. 1, 2, 3 and 4 and to adopt and approve the Development Program and Tax Increment Financing Plans, as modified. Section 2. Findings Concerning Development District. 2.01. The Council finds, determines and declares that the modification of the Development Program by the Council is intended and, in the judgment of this Council, its effect will be, to provide an impetus for further commercial devel- opment, increase employment and otherwise promote certain public purposes and accomplish certain objectives specified in the Development Program. Section 3. Findings Concerning Modification of the Tax Increment Financing Plans of Tax Increment Districts Nos. 1, 2, 3 and 4. 3.01. The Council hereby finds, determines and declares that Tax Increment Districts Nos. 1, 2, 3 and 4 and the Tax Increment Financing Plans relating thereto meet the findings required by Minnesota Statutes, Section 273.74, subdivision 3 and previously found, determined and declared in Resolu- tions No. 82-58 , No. 82-262 and No. 83-61 respectively. 3.02. The Council further finds, declares and deter- mines that the City made the findings as referenced in Sub- section 3.01 above and has set forth the reasons and sup- porting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Establishment of Tax Increment Districts Nos. 1, 2, 3 and 4, as• Modified and the Adoption of the Tax Increment Financing Plans, as Modified, for Said Tax Incre- ment Districts. 4.01. Under and pursuant to Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended, the prop- erty identified in the subsection entitled Parcels To Be 2 - 92 3 • Included in Tax Increment District in the Tax Increment Financing Plans, as modified, for Tax Increment Districts Nos. 1, 2, 3 and 4 are hereby established as Tax Increment Districts Nos. 1, 2, 3 and 4 respectively. • 4.02. The Tax Increment Financing Plans for Tax Incre- ment Districts Nos. 1, 2, 3 and 4 are hereby approved and adopted in the form on file and of record in the Office of the Finance Director-Clerk Section 5. Implementation of Modified Development Pro- gram and Tax Increment Financing Plans. 5.01. The officers of the City, the City's financial advisor and underwriter therefor, and the City's legal coun- sel and bond counsel are authorized and directed to proceed with the implementation of the Modified Development Program for Development District No. 1 and the Tax Increment Financ- ing Plans for the Tax Increment Districts within Development District No. 1 and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents ,and contracts necessary for this purpose. Date: May 17, 1983 Mayor ATTEST: Finance Director-Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the City Finance Director-Clerk. - 3 - (124 EXHIBIT A TO RESOLUTION NO. 4 -)OO The reasons and facts supporting the findings for the establishment of Tax Increment Districts Nos. 1, 2, 3 and 4, as modified, and the approval •and adoption of the Tax Incre- • ment Financing Plans, as modified, for said Tax Increment Districts as required pursuant to Minnesota Statutes, Sec- tion 273. 74, Subdivision 3 are as follows: 1. Finding that Tax Increment Districts Nos. 1, 2, 3 and 4, as modified, are types of "economic development districts" as defined in Minnesota Statutes, Section 273.73, Subdivi- sion 12. 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private invest- ment within the reasonably foreseeable future and, there- fore, the use of tax increment financing is deemed neces- sary. } 3. Finding that the Tax Increment Financing Plans for Tax Increment Districts Nos. 1, 2, 3 and 4, as modified, will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 1 by private enterprise. A - 1 9)5 4. Finding that the establishment of Tax Increment Dis- tricts Nos. 1, 2, 3 and 4 and the adoption and approval of the Tax Increment Financing Plans relating thereto by the City is intended and, in the judgment of the Council, its effect will be, to promote the purposes and objectives specified in Section 3 of this Resolution No. 83-io0 and otherwise promote certain public purposes and accomplish certain objectives specified in the Modified Development Program for Development District No. 1 and in the Tax Incre- ment Financing Plans for Tax Increment Districts Nos.l, 2, 3 and 4. • • A - 2 e4ac. Member introduced the following resolu- tion and moved its adoption: CITY OF EDEN PRAIRIE COUNTY OF HENNEPIN • STATE OF MINNESOTA(( RESOLUTION NO. C 3''i 0 1 RESOLUTION PROVIDING FOR ESTABLISHMENT OF PROPOSED TAX INCREMENT DISTRICT NO. 5 AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO. • BE IT RESOLVED by the City Council (the "Council") of the City of Eden Prairie, Minnesota (the "City"), as fol- lows: Section 1. Recitals. 1.01. It has been proposed that the City establish an additional tax increment district within Development Dis- trict No. 1 and adopt a tax increment financing plan relat- ing thereto, all pursuant to Minnesota Statutes, Section 273.71 to 273.78, inclusive, as amended. 1.02. This Council has caused to be prepared, and has investigated the facts with respect thereto, a proposed Tax Increment Financing Plan for a proposed Tax Increment Dis- trict No. 5. 1.03. The City has performed all actions required by law to be performed prior to the establishment of Tax Incre- ment District No. 5 and the adoption of the Tax Increment Financing Plan for Tax Increment District No. 5, including, but not limited to, consultations or the opportunity for consultations with Hennepin County and the School Districts having taxing jurisdiction over the property proposed to be included in Tax Increment District No. 5, and the holding of a public hearing upon published and mailed notice as required by law. 1.04. The Council hereby determines that it is neces- sary and in the best interests of the City at this time to establish Tax Increment District No. 5 and to adopt the Tax Increment Financing Plan relating thereto. Section 2. Findings Concerning Establishment of Tax Increment District No. 5. 9a / 2.01. The Council hereby finds, determines and declares that Tax Increment District No. 5 constitutes a "tax incre- ment financing district," as defined in Minnesota Statutes, Section 273.73, Subdivision 9, and further constitutes an "economic development district," as defined in Minnesota Statutes, Section 273.73, Subdivision 12. 2.02. The Council further finds, declares and deter- mines that Tax Increment District No. 5 does not meet the requirements found in the definition of redevelopment dis- trict or housing district, as defined in Minnesota Statutes, Section 273.73, Subdivisions 10 and 11, respectively, but is • in the public interest, thereby qualifying it as an economic development district. 2.03. The Council further finds, declares and deter- mines that the development presently occurring for which tax increments from Tax Increment District No. 5 will be used, in the opinion of the Council would not have occurred solely through private investment within the reasonably foreseeable future and, therefore, the use of tax increment financing is deemed necessary; that the Tax Increment Financing Plan for Tax Increment District No. 5 conforms to the general plan for the development of the City as a whole; and will afford ,. maximum opportunity, consistent with the sound needs of the City as a whole, for the development of the Development District by private enterprise. 2.04. The Council further finds, declares and deter- mines that the City made the above findings stated in Sec- tion 2 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 2.05. Under and pursuant to Minnesota Statutes, Sec- tions 273.71 to 273.78, inclusive, as amended, Tax Increment District No. 5 is hereby established in and for the City. The property included in Tax Increment District No. 5 shall be the property described in the Tax Increment Financing Plan for Tax Increment District No. 5, adopted in Section 3 hereof. Section 3. Adoption of Tax Increment Financing Plan for Tax Increment District No. 5. 3.01. The Tax Increment Financing Plan for Tax Incre- ment District No. 5 is hereby approved and adopted in the form on file and of record in the Office of the Finance Director-Clerk. Section 4. Implementation of Tax Increment Financing Plan for Tax Increment District No. 5. - 2 - is 4.01. The officers of the City, the City's financial advisor and the City's legal counsel and bond counsel are authorized and directed to proceed with implementation of the Tax Increment Financing Plan for Tax Increment District No. 5 and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Section 5. Certificate of Assessed Value. 5.01. The County Auditor of Hennepin County (the "Audi- tor") is hereby requested to certify the original assessed value of all real property as described in the Tax Increment Financing Plan for Tax Increment District No. 5, as of Janu- ary 2, 1982 and each year hereafter to certify the amount by which the assessed value has increased or decreased from the assessed value of January 2, 1982. Each year the Auditor shall also add to the original assessed value of Tax Incre- ment District No. 5 an amount equal to the original assessed value for the preceding year multiplied by the average per- centage increase in the assessed valuation o€ all property included in Tax Increment District No. 5 during the five years prior to certification of Tax Increment District No. 5, and also to certify the proportion which any such increase or decrease bears to the total assessed value for the real property in Tax Increment District No. 5 for that year and to remit to the City of Eden Prairie each year, commencing in 1985 and ending in 1992 that proportion of all taxes paid that year on real property in Tax Increment Dis- trict No. 5 which the captured assessed value bears to the total current assessed value, all pursuant to Minnesota Statutes, Section 273.76, Subdivision 1, as amended. Adopted on: May 17, 1983. • Mayor ATTEST: Finance Director-Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member , and upon vote being taken thereon, the following voted in favor thereof: - 3 - �a9 and the following voted against the same: Whereupon said resolution was declared duly passed and adopted, and was signed by the mayor and attested by the City Finance Director-Clerk. • - 4 - • t EXHIBIT A TO RESOLUTION NO. '3-/0/ The reasons and facts supporting the findings for the establishment of Tax Increment Districts Nos. 1, 2, 3 and 4, as modified, and the approval and adoption of the Tax Incre- ment Financing Plans, as modified, for said Tax Increment Districts as required pursuant to Minnesota Statutes, Sec- tion 273. 74, Subdivision 3 are as follows: 1. Finding that Tax Increment Districts Nos. 1, 2, 3 and 4, as modified, are types of "economic development districts" as defined in Minnesota Statutes, Section 273.73, Subdivi- sion 12. 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private invest- ment within the reasonably foreseeable future and, there- fore, the use of tax increment financing is deemed neces- sary. • 3. Finding that the Tax Increment Financing Plans for Tax Increment Districts Nos. 1, 2, 3 and 4, as modified, will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 1 by private enterprise. A - 1 931 4. Finding that the establishment of Tax Increment Dis- tricts Nos. 1, 2, 3 and 4 and the adoption and approval of the Tax Increment Financing Plans relating thereto by the City is intended and, in the judgment of the Council, its effect will be, to promote the purposes and objectives specified in Section 3 of this Resolution No. 13-/0/ and otherwise promote certain public purposes and accomplish certain objectives specified in the Modified Development Program for Development District No. 1 and in the Tax Incre- ment Financing Plans for Tax Increment Districts Nos.1, 2, 3 and 4. A - 2 9U. MAY 17,1983 T ' VDID DUT CHECK 11000.00- MACI-STAR CITIES CONE CONFERENCE-MANAGER OFFICE 80.00 7380 MEREDITH ANDERSON REFUND-HOME LAWN CLASSES 2.50 7381 DAWN BROOKS REFUND-EXERCISE CLASSES 21.00 7382 SANDRA BUSCH REFUND-LAWN CARE CLASSES 2.50 7383 EDWARD DUNLAP REFUND-LAWN CARE CLASSES 2.50 7384 GARY KREUTSBERG REFUND-HDME LAWN CARE CLASSES 2.50 7385 DEAN PANSCH REFUND-HDME LAWN CARE CLASSES 2.50 7386 HOLIDAY INN EXPENSES-POLICE DEPT 108.12 7387 GREAT WESTERN AMERICANNA EXPENSES-POLICE DEPT .109.00 7388 CHERYL PERKINS REFUNO-EXERCISE CLASSES 9.00 7389 MINNESOTA DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATION 9.75 7390 MR STEAK AWARDS DINNER 1896.43 7391 INTERCONTINENTAL PCKG WINE 222.21 ' 7392 ED PHILLIPS & SONS CO WINE 1657.76 7393 GRIGGS COOPER & CO INC LIQUOR 1254.74 7394 PRIOR WINE CO WINE 245.38 7395 EAGLE WINE CO WINE 436.53 7396 JOHNSON BROTHERS WHOLESALE LIQUOR 1735.13 7397 TWIN CITY WINE CO WINE 678.64 739E OLD PEDRIA COMPANY INC LIQUOR 1010.89 7399 PAUSTIS & SDNS WINE 440.97 74D0 SUPPLEES 7 HI ENTERPRISES MAY RENT-LIQUOR STORE/PRESERVE 3217.89 7401 HENNEPIN CTY SUPPORT PAYROLL WITHHOLDING UNDER COURT ORDER 80.00 7402 CLERK OF COURTS/EAU CLAIRE CTY PAYROLL WITHHOLDING UNDER COURT ORDER 11.90 3 RALPH KRATOCHVIL INSTRUCTOR-FITNESS CLASSES/FEES PAID 46.10 1 , ,�4 SANDRA DAVIS REFUND-EXERCISE CLASS 6.00 7405 FEDERAL RESERVE BANK PAYROLL 4/29/83 15290.3tk, 74D6 COMMISSIONER OF REVENUE PAYROLL 4/29/83 8082.81 7407 DEPART OF EMPLOYEE RELATIONS PAYROLL 4/29/83 31941.5' 74D8 AETNA LIFE INSURANCE PAYROLL 4/29/83 108.00 7409 MINNESOTA STATE RETIREMENT PAYROLL 4/29/83 65.00 7410 GREAT WEST LIFE ASSURANCE PAYROLL 4/29/83 2812.00 7411 UNITED WAY OF MPLS PAYROLL 4/29/83 71.5u 7412 PERA PAYROLL 4/29/83 15728.21 7413 NICOLLET/EITEL HEALTH INSURANCE 584.1E 7414 MINNESOTA UC FUND PAYROLL 669.DU 7415 WESTERN LIFE INSURANCE INSURANCE 6I6.1, 7416 BLUE CROSS INSURANCE INSURANCE 817.91 7417 MEDCENTER HEALTH PLAN . INSURANCE 3219.1, } 7418 PHYSICIANS HEALTH PLAN INSURANCE 8981.81 7419 GROUP HEALTH PLAN INSURANCE 1763.0, 7420 MINNESOTA DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATION 17.50 7421 HOPKINS POSTMASTER POSTAGE 100.00 7422 RALPH KRATOCHVIL INSTRUCTOR-FITNESS CLASSES/FEES PAID 335.2'., 7423 COMMISSIONER OF REVENUE -PAYMENT FOR TDDD TREE SERVICE PER STATE 11000.0;) s LIEN 7424 EDEN PRAIRIE COMMUNITY THEATRE ROYALITIES FOR SUMMER MUSICAL 1000.00 ¢ 7425 SUZANNE NELSON REFUND-STILLWATER TOUR 12.00 7426 JEAN JOIN SON MILEAGE 140.01 ?7 LYNNE OLIVA REFUND-EXERCISE CLASSES 9.OU p128 SUE OLSON REFUND-EXERCISE CLASSES 9.0o 7429 HOPKINS POSTMASTER POSTAGE-WATER & SEWER BILLS 269.10 7430 NICOLLET EITEL HEALTH INSURANCE 648.60 7431 NORTHLRN STATES TOWER RADIO TOWER-P/S & P/W BUILDING 2835.W 10911601 ci}J 3 1 7432 MINNESOTA DEPARTMENT OF P/S MOTOR VEHICLE REGISTRATION 8.75 74" ED PHILLIPS & SONS CO WINE 3246.33 74. DANA GIBBS PACKET DELIVERY 78.00 7435 CAPITOL CITY DISTRIBUTING WINE 112.34 7436 EAGLE WINE CO WINE 197.32 7437 PRIOR WINE CO WINE 23.9s 7438 OLD PEORIA COMPANY INC WINE 611.66 7439 PAUSTIS & SONS WINE 107.83 7440 GRIGGS COOPER & CO INC LIQUOR 3494.06 7441 TWIN CITY WINE CD WINE 171.29 7442 JOHNSON BROTHERS WHOLESALE LIQUDR 2249.15 7443 VOID OUT CHECK 0.00 7444 GOVERNMENT TRAINING SERVICE CONFERENCE-PLANNING DEPT 221.00 7445 WENDY BURNS-CARLSON INSTRUCTOR-SKATING/FEES PAID 724.80 7446 HOPKINS POSTMASTER POSTAGE 20D.00 . 7447 TY JANKE/BUD JANKE RELDCATION EXPENSES 1100.00 7446 ABLE MOVERS & STORAGE INC RELOCATION EXPENSES 1836.24 7449 CHAMBER OF COMMERCE CONFERENCE 120.00 7450 HOPKINS POSTMASTER POSTAGE 4000.00 7451 MARY DEWBERRY REFUND-TENNIS CLASSES 9.00 7452 NORTHCO LTD MAY RENT-LIQUOR STORE/PRAIRIE VILLAGE MALL 2637.899 8 7453 SANDRA SCHARR REFUND-EXERCISE CLASSES 6271.45 7454 BEER WHOLESALERS INC BEER 7455 CAPITOL CITY DISTRIBUTING CO BEER 30 49.809.80 7456 CITY CLUB DISTRIBUTING CO BEER 366.15 7457 COCA-COLA BOTTLING CO MIXES 2639.16 7" 1 DAY DISTRIBUTING CO BEER 6653.60 i J EAST SIDE BEVERAGE CO BEER BEER • 653.60 7460 KIRSCH DISTRIBUTING CO 921.55 BEER 7461 A J OGLE COMPANY426.90 7462 PEPSI-COLA BOTTLING CO MIXES 5 26.90 7463 THORPE DISTRIBUTING CO BEER 7464 ACRO-MINNESOTA INC OFFICE SUPPLIES 440.55440. 5 7465 ACTION RENTAL CENTERS EQUIPMENT RENTAL-WATER DEPT 7466 ALCOHOL COUNTERMEASURE SYSTEM TRANSFORMER FOR ALCOHOL TESTER-POLICE DEPT 18.BD 7467 AMERICAN LINEN SUPPLY CO DUSTERS-LIQUOR STORE .85 5 7468 AMERICAN HEART ASSOCIATION CPR SLIDES-FIRE DEPT 8102 8.50 7469 AMERICAN NATIONAL BANK & TRUST CO BOND PAYMENT 020.99 7470 CHELSEA ANDERSON REFUND-SKATING CLASSES 7471 DALE ANDERSON REPAIR COMPRESSDR-COMMUNIT CENTER 1 750.005 .00 7472 ASSOCIATED ASPHALT INC BLACKTOP 7473 ASTLEFORD EQUIPMENT CO,INC -GAS KM FLAPS/PIPE 180.11 EIS/MUFFLER FOR PS/MUD 7474 AUTO-HDWE WAREHOUSE CO SPOTLIGHT FOR SQUAD CAR 48.07 7475 BACHMANS FLOWERS 65.00 7476 BAILEY NURSERIES INC TREES-FDRESTRY DEPT 1092.75 7477 BARREL RECONDITIONER 4 BARRELS-FORESTRY DEPT _ 20.00 747E BOUSTEAD ELECTRIC & MFG CO MOTOR-WATER DEPT 293.40 7479 BOYER TRUCK PARKS MASTER CYLINDER/WINDOW TRACK 181.73 746D BRAUN ENGINEERING TESTING -SERVICE-MITCHELL & TECHNOLOGY ROAD/ 7683.60 CARLSON DRIVE/PRAIRIE CENTER DRIVE 11 BROWN PHOTO BATTERIES/FILM PROCESSING-POLICE DEPT 57.50 d2 BRYAN ROCK PRODUCTS INC ROCK 293.74 7463 BUTCHS BAR SUPPLY SUPPLIES-LIQUOR STORES 465.61 14178422 93C1 . • RADIO REPAIR-EQUIPMENT MAINTENANCE 18.00 74P4 CAPITOL ELECTRONICSA INC CARBON DIOXIDE-WATER DEPT 1247.61 7 CARLSO CORPORATION HAND PUMP-WATER OEPT 33.00 7487 CARLSON PUBLISHINGPLASTIOMCS LEGAL ADS-EOENVALE BLVD • 87.60 i 7487 CHAPIN COMPANY 7488 CHANHASSEtJ BUMPER TO BUMPER :FANBELTS/E hUFFLER/OIL ECLAMPS/HEAOLIGHTSTERS 1169.17 -RAOIATOR CAPS/EXHAUST PIPES/SWITCHES/AIR HOSE/WHEEL CYLINDER/WIPER BLADES/BEARINGS 7489 CLERK OF COURTS/EAU CLAIRE CTY PAYROLL WITHHOLDING UNOER COURT ORDER 46.25 6.26 7490 CLUTCH & TRANSMISSION SERVICE INC CLAMP- POLICE • 44.16 7491 JOHN CONLEY EXPENSES-POLICE OEPT 9.05 7493 JOYCE CONLEY _BLUELINE-ENGINEERING OEPT/BLACKLINE- 213.B2 7493 COPY EQUIPMENT INC PLANNING DEPT BOND PAYMENT 5025.00 7495 CONWIYEFTRE BANK -8 GLOVES/10 PROTECTION PANTS/FIRST AID 4636.3E 7495 CONWAY FIRE & SAFETY INC EQUIPMENT/13 FIRE COATS .20 7496 COUNTRY CLUB MARKET INC SUPPLIES-CITY HALL 10135.00 106106 7497 CROSS NURSERIES INC TREES-FORESTRY OEPT • 10135. 7498 CUTLER-MAGNER COMPANY QUICKLIME-WATER OEPT 00.B2 7499 WARO OAHLBERG MAY EXPENSES 7500 OALCO -FLOOR SCRUBBER F /$11O0.0O/VACUUM $300.00 PLASTIC BAGS-COMMUNITY CTR2315.02 P/S &P/W BUILOING 0.00 7501 OAYTOURS STILLWATER TOUR/FEES PAID 270.00 'cr)2 OENISON MAILING SERVICE POSTAGE-ASSESSING OEPT 3 DIRECTOR OF PROPERTY TAXATION 1ST 1/2 PROPERTY TAXES-MORE/MILLER/SCHULTZ 2791.64 ' 7504 OORHOLT PRINTING/STATIONERY INC OFFICE SUPPLIES 1115 91.6.18 I 7505 EDEN PRAIRIE SCHOOL DISTRICT #272 APRIL CUSTOOIAL SERVICE - TRASH REMOVAL 1 3 7506 EOEN PRAIRIE SCHOOL OISTRICT #272 1715.32FUEL-STREET DEPT 7507 EDEN PRAIRIE TRASHTRONICS40.0.32 0 7508 CITY OF EDINA APRIL TESTS-WATER DEPT 62. 0 7509 JEFF ELWELL EXPENSES-COMMUNITY CENTER 7510 EMERGENCY SERVICE SYSTEMS INC -WIRE NEW SQUAO/REPAIR REOLIGHTS & SIRENS 3019.21 SWITCHING CONTROL SYSTEM-POLICE DEPT 10.75 7511 EMPIRE-CROWN/AUTO INC FLOOR MATS-FIRE DEPT 11O.O5 7512 CHRIS ENGER MAY EXPENSES 76.0' 7513 FARMERS STEEL CO PIPE-FORESTRY DEPT 35O6.Or 7514 FEED-RITE CONTROLS INC SULFATE-WATER DEPT 502.00 7515 FINLEY BROS ENTERPRISES TREE REMOVAL-FORESTRY OEPT 55.0L 7516 FIRE INSTRUCTORS ASSN OF MINN BOOKS-FIRE DEPT 'IRE FIRE TRUCK 0 7517 FLEET MAINTENANCE INC 42.01.0 751B FRONTIER LUMBER & HARDWARE PAINT-PARK MAINTENANCE 75.U. , 7519 G & K SERVICES TOWELS/MOPS/JACKETS/WATER & PARK DEPT 73.70 i 7520 GLW DISTRIBUTING SUPPLIES-LIQUOR STORES REPAIR AIR IMPACT EQUIPMENT-STREET DEPT 108.8 7521 GENES SERVICE 1268.51 7522 GENERAL COMMUNICATIONS INC • RAOIO REPAIR & MAINTENANCE .5' 7523 GENERAL OFFICE PRODUCTS COMPANY OFFICE SUPPLIES 261138.1.' 7524 GENERAL SAFETY EQUIPMENT CORP REPAIR IRBFIRE ALL OTRICIAL/FEES PAID 37.7,; 7525 WES GROOTWASSINKICH 526 GUNUA R ELECTRIC COMPANY INC -REWIRE OLO1tJNESOTA PUMP HTREEWAS RELOCATED AT 725.0 NEWEXPENSES 31.6' 7528 HALE COMPANYPING INC 7527JACK CO FUEL OIL TANK-P/S & P/W BUILOING 2070.0 3753464 • 9K 7529 HARMON GALSS & GLAZING INC -WINDSHIELD-PARK MAINTENANCE/BROKEN WINDOW 185.21 FIRE DEPT 7 HARRIS WAREHOUSE & CANVAS SALES TARP-FORESTRY DEPT 47.04 7...1 HENNEPIN COUNTY CHIEFS OF POLICE SCHOOL & TRAINING-POLICE DEPT 525.00 7532 HENNEPIN COUNTY 1ST QUARTER 83 BOARD OF PRISONERS 9640.65 7533 SHERIFFS DEPARTMENT-HENNEPIN COUN MARCH BOOKING FEES 83.14 7534 HENNEPIN COUNTY SUPPDRT & COLLECT PAYROLL WITHHOLDING UNDER COURT ORDER 80.D0 7535 HOLSTEN ICE RINKS INC GASKETS/VALVES/OIL-COMMUNITY CENTER 1146.61 7536 HOPKINS DODGE SALES INC CARBURATOR/BRAKE HOSES/MUFFLER/TURN SIGNAL 363.71 7537 HOPKINS PARTS COMPANY SWITCH/IGNITION COIL 29.62 7538 MARK HURD AERIAL SURVEYS INC MAPS-ENGINEERING DEPT 123.25 7539 LEE HYATT SOFTBALL OFFICIAL/FEES PAID 24.00 7540 IMPERIAL INC -STORAGE CABINET-FIRE DEPT/80LTS/DRILLS/ 663.55 WIRE-WATER DEPT 7541 INGRAM EXCAVATING BLACK DIRT-BMX TRAIL 70.00 7542 INTERDESIGN APRIL SERVICE-P/S & P/W BUILDING 3343.20 7543 I B M ELECTRONIC TYPEWRITER-POLICE DEPT 1768.00 7544 INTERNATIONAL CITY MANAGEMENT DUES 12.50 7545 INTERNATIONAL CITY MANAGEMENT SUBSCRIPTION-CITY MANAGER 190.00 7546 0 J JANSKI & ASSOCIATES INC SERVICE-KOPESKY 150.00 7547 JERRY SUPER VALU`51B8 SUPPLIES-KIDS KORNER 2.65 7548 JEWELL NURSERIES INC TREES-FORESTRY DEPT 91.90 7549 CARL JULLIE EXPENSES 25.54 7550 JUSTUS LUMBER COMPANY LUMBER-COMMUNITY CENTER 39.82 7551 KARULF HARDWARE INC -STRAPPING TAPE/KEYS-POLICE/WHEELBDRROW/ 464.15 -CONCRETE-SEWER DEPT/GAUGE/WASTEBASKET- -WATER DEPT/FAUCET/VACUUM BAGS/BELTS-CITY -HALL/BATTERIES/OUTLET/WIRE/TAPE-FIRE DEPT -DUCT TAPE/SPRAYERS/LETTERS/SWITCHES -STREET DEPT/VARNISH/CONTACT CEMENT/PAINT -BRUSHES/FAUCET/CLAMPS/VALVE-PARK DEPT/ -PICTURE FRAME/NAILS/PAINT/SCRAPER/HOOKS DOOR STOP/SCREWS/COTTER PINS-COMMUNITY CTR ,. 7552 KRAEMERS HOME CENTER -ROPE/PIPE/PAINT-NOT AVAILABLE AT OTHER 257.55 HARDWARE STORE 7553 M E LANE INC INSURANCE 2060.00 7554 LANG PAULY & GREGERSON LTD FEBRUARY LEGAL SERVICES 9123.14 7555 LARSEN ENGINEERING DASH LIGHTS FOR SQUAD CARS 75.00 7556 PAW ENFDRCEMENT RESOURCE CENTER FILM-POLICE DEPT 28.OD 7557 LEEF BROS INC -RUGS/DUSTMOPS-POLICE/STREET/CITY HAIL & 217.24 WATER DEPT 7558 LOWELLS AUTOMOTIVE SPECIALISTS PAINT-PARK MAINTENANCE 9.20 7559 LUTZ TREE SERVICE TREES-FORESTRY DEPT 1085.00 7560 MICHAEL LUXEM EXPLORING MUSCI PROGRAM/FEES PAID 10.00 7561 ANN MACE REFUND-SKATING CLASSES 16.00 I. 7562 LEONARD J MAGERER CO SKATE SHARPENER PARTS-COMMUNITY CENTER 41.85 7563 MARKS EDEN PRAIRIE STANDARD HEADLIGHT-EQUIPMENT MAINTENANCE 13.36 7564 MASDN PUBLISHING CO OFFICE SUPPLIES 29.50 7565 MATTS AUTO SERVICE INC • TOWING SERVICE 25.00 7566 MERIT JULIAN GRAPHICS ENVELOPES-CITY HALL 420.40 7567 METRO CONTRACTING INC LITIGATIDN SETTLEMENT 14000.00 "c8 METRO FONE CO:.'•IUNICATIONS INC MAY PAGING EQUIPMENT RENTAL 89.5? )9 METROPOLITAN FIRE EQUIPMENT COi1PA CHEMICALS-FIRE DEPT 99.75 757D MIDWEST SPEEDOMETER & TACHOGRAPH REPAIR SPEEDOMETER IN AERIAL TRUCK 22.99 4669254 93‘. 7571 MIKES EDEN PRARIE FLORAL FLOWERS-AWARDS DINNER 48.00 75" MINNEAPOLIS STAR & TRIBUNE CO EMPLOYMENT AD-BUILDING DEPT 100.80 7. MINNETONKA COMMUNITY SERVICES -CITYS SHARE OF MINNETONKA COMMUNITY 110.00 SERVICE PROGRAM 7574 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORES 56.76 7575 MINNESOTA FIRE INC BREATHING AIR TANK PARTS-FIRE DEPT 275.81 7576 MINNESOTA GAS COMPANY SERVICE 1930.96 7577 MINNESOTA MAYORS ASSOCIATION DUES 10.00 7578 MINNESOTA RECREATION & PARK ASSOC CO-REC SOFTBALL REGISTRATION/FEES PAID 300.00 7579 MINNESOTA VALLEY GAS COMPANY FUEL-SENIOR CITIZENS CENTER 302.75 7580 MINNESOTA VALLEY WHOLESALE INC TREES-PARK MAINTENANCE 132.53 7581 MODERN TIRE CO 8 SQUAD CAR TIRES/8 TRUCK TIRES 1651.67 7582 MOTOR PARTS SERVICE INC WHEEL CYLINDER-EQUIPMENT MAINTENANCE 31.24 7583 MOTOROLA INC -RADIO FOR RESCUE TRUCK/BATTERIES FOR 2022.00 PAGERS 7584 WM MUELLER & SONS INC ROCK-PARK MAINTENANCE 61.60 7585 D E MYHRE SUPPLIES-LIQUOR STORES 143.04 7586 N A P COMMERCIAL ELECTRONICS CORP INTERCOM PARTS/P/S & P/W BUILDING 14.93 7587 NCR CORPORATION CASH REGISTER TAPE-COMMUNITY CENTER 74.09 7588 NEW CONCEPT HOMES REFUND-BUILDING DEPT 74.30 7589 NORTHERN STATES POWER CO SERVICE 8116.78 7590 NORTHERN STATES POWER CO SERVICE 3.41 7591 NORTHWESTERN BELL TELEPHONE CO SERVICE 4480.66 7592 NORTHWESTERN NATIONAL BANK OF MPL BOND PAYMENT 34772.25 7593 OFFICE PRODUCTS OF MINENSOTA INC TERMINAL-CITY HALL 2659.00 7594 RON OSWALD REFUND-SWIMMING CLASSES 6.50 7"5 W G PEARSON INC SAND 977.05 J PEPSI COLA BOTTLING CO POP-COMMUNITY CENTER CONCESSION B8.OD 7597 PERBIX HARVEY & THORFINNSON LEGAL SERVICE-METRO CONTRACTING & KOPESKY 5831.00 7598 LOIS PESOLA REFUND-SKATING CLASSES 32.00 7599 STEVE PETRICH SOFTBALL OFFICIAL/FEES PAID 12.00 7600 PLAQUES PLUS INC PLAQUES-AWARDS DINNER 58.00 7601 PRAIRIE ELECTRIC COMPANY INC -15 FLUORESCENT LAMPS-COMMUNITY CENTER 101.60 SERVICE-HISTORICAL CULTURE HOME 7602 PUMP & METER SERVICE INC KEYS FOR GAS PUMPS 6.40 7603 RICK RABENORT EXPENSES-POLICE DEPT 25.00 7604 DAVID RAQUET IMPACT & RATCHET WRENCH-STREET DEPT 164.80 7605 REEDS SALES & SERVICE MOWER BLADE SHARPENER-PARK MAINTENANCE 360.76 7606 RIEKE-CARROLL-MULLER ASSOCIATES I -SERVICE-WESTWOOD IND PARK/HOMEWARD HILLS 31547.02 -ROAD/ARBON GLEN/LAVONNE INDUSTRIAL PARK PRAIRIE CENTER DRIVE 7607 NANCY RILEY EXPENSES 24.00 7608 ROAD RUSCUE INC -ELECTRICAL SWITCH/EQUIPMENT FOR RESCUE 1477.12 VEHICLE 7609 ROGERS SERVICE CO REPAIR ALTERNATDR ON FIRE ENGINE 78.53 7610 ST CLOUD STATE UNIVERSITY ADVANCE DRIVER TRAINING-POLICE DEPT 864.00 7611 SAILOR NEWSPAPERS INC ADS-LIQUOR STORES 58.50 7612 SATELLITE INDUSTRIES INC PORTABLE RESTROOMS 590.00 7613 LARRY SCHWANTZ • SOFTBALL OFFICIAL/FEES PAID 24.00 7614 SCOTT CONSTRUCTION INC CRACK FILLER-STREET MAINTENANCE 340.00 7615 SEARS ROEBUCK & CO -COVERALLS-PARK DEPT/WRENCHS/TOOL SET/TOOL 341.40 BOX-FORESTRY DEPT/SAW BLADE/SHOCKS-POLICE .- 6 SHAKOPEE FORD INC -REPAIR DRIVE SIIAFT/PAINT & BODY WORK/ 958.60 PRESSURE CHECK ON TRANSMISSION-POLICE DEPT 10133886 4 7617 STEVE R SINELL EXPENSES-ASSESSING DEPT 6.00 7618 W GORDON SMITH CO -DIESEL FUEL/BELTS/KEROSENE/BRAKE FLUID 4017.59 -SPARK PLUGS/OIL/ANTIFREEZE/GREASE/NOZZLE WHEEL CYLINDERS/BRAKE SHOE/GAS NOZZLE 7619 SNELL MECHANICAL INC SERVICE BOILER-COMMUNITY CENTER 352.49 • 7620 SON DF A PRINTER BUSINESS CARDS-POLICE DEPT 74.92 7621 SOUTHWEST SUBURBAN PUBLISHING INC ADS-LIQUOR STORES 190.10 7622 SOUTHWEST SUBURBAN PUBLISHING INC EMPLOYMENT AD-COMMUNITY CENTER 30.00 7623 SOUTHWEST SUBURBAN PUBLISHING INC LEGAL ADS 612.05 7624 SPORTS WORLD-EDEN PRAIRIE RACQUETBALLS-COMMUNITY CENTER 131.95 7625 SPRAYCO INC CAR WASHER-P/S & P/W BUILDING 2172.60 7626 STANDARD SPRING CO SPRINGS FOR SQUAD CARS 362.40 7627 DANIEL STEUDER REFUND-SWIMMING CLASSES 24.00 7628 DON STREICHER GUNS INC AMMUNITION-POLICE DEPT 281.50 7629 SUBURBAN CHEVROLET CO -WINDOW MOTOR/REMOTE CONTROL MIRROR-POLICE 93.21 DEPT 7630 SUN CONTROL OF NORTHERN MINNESOTA 6 SCREENS FOR FIRE STATION WINDOWS 125.00 7631 SUPPLEE ENTERPRISES INC SUPPLIES 11.93 7632 JOEY TERRIQUEZ SERVICE-SUMMER BROCHURE-COMiMUNITY SERVICES 31.89 7633 TOTAL TOOL SUPPLY INC LADDER RACK/SIDE BOXES-WATER DEPT 420.00 7634 TWIN CITY PET SUPPLY CO CANINE SUPPLIES 73.35 7635 UNIFORMS UNLIMITED UNIFORMS-POLICE & FIRE DEPT 630.05 7636 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 114.73 - 7637 VAN WATERS & ROGERS CHLORINE-WATER DEPT 358.20 7638 WATER PRODUCTS COMPANY -204 METERS/VALVE BOX SECTIONS/REMOTE 13331.43 REGISTERS/SUBMERSIBLE PUMP '19 SANDRA F WERTS APRIL MIELAGE 48.75 3 WEST WELD SUPPLY COMPANY BANDSAW BLADES/GRINDING WHEELS-STREET DEPT 116.89 7641 STEPHEN WHITE EXPENSES 8.50 7642 XEROX CORPORATION SERVICE 221.29 7643 ZIEGLER TIRE SERVICE GRADER TIRES-STREET DEPT 512.36 7644 CARRIE TIETZ SERVICE-MINUTES FOR PARK & REC MEETING 31.50 7645 WAYNE S JOHNSON EQUIPMENT REPAIR 79.32 7646 PETTY CASH-PUBLIC SAFETY EXPENSES 5.91 7647 ARKAY CONSTRUCTION COMPAY SERVICE-P/S & P/W BUILDING 53640.80 7648 RICHARD KNUTSON INC SERVICE-ARBON GLEN UTILITY IMPROVEMENTS 25660.64 7649 RICHARD KNUTSON INC SERVICE-VALLEY VIEW ROAD/PRAIRIE CENTER DR 10965.48 7650 NORTHDALE CONSTRUCTION CO SERVICE-PRAIRIE CENTER DRIVE 113382.63 7651 SHAFER CONTRACTING COMPANY INC SERVICE-PRAIRIE CENTER DRIVE 101289.22 3294086E S765874.95 . • • 93g - TO: Mayor Penzel and City Council THROUGH: Carl Jullie, City Manager FROM: Eugene A. Oietz, Director of Public Works )ATE: May 11, 1983 RE: Connection Fee Ordinance Attached for your review and consideration is Ordinance 18-83 which enables the City to collect fees when property owners connect to sanitary sewer and water when no particular special assessment benefits apply. Although we have a number of these kinds of situations ongoing in Eden Prairie, the particular project which initiated the development of this Ordinance was Woodlawn Heights. You will recall from the Developer's Agreement for that project, Ruscon Developers are required to reconstruct Ouck Lake'Road to Townline Road and install all the utilities in that right-of-way. This work is being done by Ruscon in lieu of any committments to the upgrading of Townline Road at �. some future date. Since the City of Eden Prairie will be financing the future improvements to Townline Road, we have a financial obligation to recapture some of the costs that are being incurred by Ruscon for the improvement of the utilities in Duck Lake Road. Based on the above considerations, Mr. Rosow has drafted an Ordinance which allows the City to collect a connection fee for these kinds of instances. This connection fee is not a special assessment, but could be levied as an . assessment in order to enable the property owner to have "time payments". The mechanism which would allow a property owner to petition the City for applying the connection fee as a special assessment is also attached to this memorandum. The two page application provides that the owner would know what the exact costs of the connection fee are and that he waives notice of hearing and appeal rights for the amount of the assessment. If an owner chose not to sign this agreement, he could of course pay the connection fee as a lump sum at time of connection. The other situations that this method will become useful are in the areas which have lateral benefit via trunk installations. For instance, on Franlo Road, the City has a trunk line facility which has services available for the adjacent properties. Since we do not have an exact cost of a lateral facility nor did we require a property to be assessed at time of installation, the mechanism of a connection fee will facilitate recovering lateral benefit costs in these areas. • • 1 will be available to discuss this Ordinance in more detail at the Council meeting and will be able to provide you with some range of the connection fee costs that are anticipated. LAD:sg y;q ORDINANCE NO. 18-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 3 WHICH RELATES TO MUNICIPAL ANI) PUBLIC UTILITIES, BY ADDING THERETO A NEW SECTION, SECTION 3.07 CONNECTION TO WATER AND SEWER SERVICES, AND ADOPTING BY REFERENCE CITY CODE CHAPTER I AND SECTION 3.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA,ORDAINS: Section I. The City Code is amended by adding Section 3.07 as follows: "SEC. 3.07 CONNECTION TO WATER AND SEWER SERVICES. Subd.I. Certificate Required. Pursuant to the authority conferred by Minnesota Statutes 444.075, in addition to all other charges for tapping into or ;. connecting with the municipal sanitary sewer system or the municipal water system, including inspection of connection, street opening fees and permit fees heretofore established by proper Ordinance or Resolution of the City, no connection permit shall be issued, nor shall any tap or other connection be installed, or made, with or into any municipal sanitary sewer or municipal water system of the City, either directly or indirectly, from any lot or tract of land unless the City Clerk shall have certified as follows: A. That the lot or tract of land to be served has been assessed for the cost of construction of the main with which the connection is made; B. If no assessment has been levied for such construction cost that proceedings for the levying of such assessment have been or will be commenced in due course;or C. That the cost of construction for the main has been paid by the developer or builder platting said lot or tract of land, but this shall not include lots or tracts served by the main which were not a part of the plat or tract developed. Subd. 2. Additional Connection Charges. If none of the above conditions can be certified by the City Clerk, no permit to tap or make connection to any sanitary sewer or \watermain shall he issued unless the applicant shall pay an additional connection fee. Such additional connection fee shall he charged for sanitary sewer and watermain made available by agreement with other munici- palities,counties or private corporations or individuals, as well as those owned and operated by the City itself. The additional connection fee in all circumstances shall be equal to the portion of the total costs of the construction and installation of the sanitary sewer and watcrmain and necessary restoration attributable to the lot or tract which would be assessable against said lot or tract to he served were the same constructed and installed by the City. Such fee shall be determined by the City Manager or his designate upon a comparable basis per foot and/or area as assessments for similar public improvements were determined and levied against other properties in the district or neighborhood. If no such assessments have previously been levied in such district or area then such calculation shall be made upon the basis of a uniform charge per foot and/or per area, which may have or shall he estimated or levied for similar public improvcinent most recently constructed,',till)determination having regard for construction costs current on the date of such determination. �v� Page-2- Subd.3. Separate Fund. Any sum collected and received by the City under Subd. 2 shall be placed in a separate fund,and shall be used first to pay the normal, reasonable and current costs of operating and maintaining the municipal sanitary sewer and municipal water system. Net revenues from time to time received in excess of such costs may be used as otherwise provided for by law. Subd.4. Notice and Hearing. Before the City Manager or his designate makes a final determination of the additional connection fee under Subd.2,he shall cause a written notice to be sent to the property owner affected stating the amount of the proposed connection fee and the basis of its calculation. The notice shall also state that the owner may,within 10 days of receipt of the notice,demand a hearing on the matter. If the owner requests a hearing within that time, a hearing shall be held on the matter by the City Council within a reasonable time after the date on which the request is made. The notice shall further state that the owner may request that the charges be levied as an assessment against the lot or tract to be served and an application for such request shall be provided with the notice. The application shall be made within 10 days of.receipt of the notice referred to above if no hearing is requested, or if a hearing is requested within 10 days following the hearing. If as a result of the hearing,the City Council finds that the proposed connection fee complies with the requirements of Subd. 2, it shall so determine. if it determines that the proposed fee is in excess of an amount that would have been assessed had the property been assessed it shall make a determination of the proper amount of the fee within the limits specified in Subd.2. No connection shall be made without payment of the connection fee unless the fee is to be assessed pursuant to Subd.5. Subd.5. Assessments. Upon application by the owner waiving his right to notice,hearing and appeal, the City Council may cause the connection fee to be levied as an assessment against the lot or tract to be served under the procedure authorized by law with reference to other assessments for benefits of local improvements. Subd.6. Liability for Charge and Certification to County Auditor. All additional connection fees imposed pursuant to this Section, including those assessed pursuant to Subd. 5,shall be a charge against the owner of the lot or tract of land to be served. The Deputy City Clerk shall certify all unpaid charges to the County Auditor with taxes against the lot or tract to be served for collection as other taxes are collected. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983, 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: City Clerk Mayor PUBLISHED in the Eden Prairie News on the day of ___ ,1983. Sul CITY OF EDEN PRAIRIE APPLICATION FOR ASSESSMENT OF ADDITIONAL CONNECTION CHARGES PURSUANT TO CITY CODE SECTION 3.07 Instructions: • Pursuant to the request for connection to the municipal sanitary sewer and/or municipal water system, a fee is imposed pursuant to City Code Section 3.07, Subd.2 as follows: Water Connection Sewer Connection • If the owner wants the fee assessed against the property, complete this application pursuant to the enclosed notice and submit it to the Deputy City Clerk, City of Eden Prairie,8950 Eden Prairie Road,Eden Prairie,Minnesota 55344. Owner's Name: Address: Street City State Zip Code Telephone Number: ( ) Property Address: Street Leg l Descriptions: • 911.2 NAEGELE OUTDOOR ADVERTISING COMPANY OF THE TWIN CITIES 1700 WEST 7BTH STREET MINNEAPOUS.MN S5423 16121 B69.1900 JJ LMNNE RYE '•A i .o..cw,yGoeyor...o.,,rov...rz N.. April 29, 1983 �,��� The Honorable Wolfgang Penzel Mayor of the City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mayor Penzel: Naegele Outdoor Advertising Company is requesting the City of Eden Prairie to review the sign ordinance as it relates to outdoor advertising. The request is based upon the growth of Eden Prairie population, expanding business community and major changes in the road systems and traffic patterns. In the last twenty years Eden Prairie has experienced substantial changes. The community has changed from an agrarian village to a thriving diversified City. Major changes to the road systems are occuring as exemplified by the ringroad project and contemplated expansion of Highway 5. At this stage in development it is appropriate to review the role outdoor advertising can play in order to contribute to the continued economic growth of the City. Outdoor advertising is a communication and advertising business. Our displays provide information to the residents of Eden Prairie and the metro area in the following areas: Things to do: Scandinavia Today State Fair Renaissance Fair Eden Prairie Foundation Ball g ciq Page 2 April 79, 1983 Mayor Wolfgang Penzel/ . Available services such as: . Auto repair Banking facilities Products to buy • Shopping areas and centers Places to live Many more items i Everything we advertise is sold or provided in the Twin Cities. In the lest two years, 25 Eden Prairie businesses have used the Naeyele medium for advertising. The Eden Prairie Center, Hardee's, Crown Auto and fairway Woods are just a few of the Eden Prairie businesses who have used our medium. Outdoor advertising is the advertising medium of local businesses because it is by far the least expensive medium to reach the largest number of people. Outdoor advertising is a highly discipline,d and standardized medium. We believe in zoning regulations that serve the business . community and preserve the quality of the physical environment. Also, hacoele Outdoor Advertising Company has a strong commitment to people. Up to ten percent of our displays are donated each month for public service messages. Last year Weegele provided public service advertising to :,9 Twin Cities' organizations -- including the Eden Prairie foundation Ball. We are certain that outdoor advertising can assist the continued economic glerith of the City. We respectively request the City Council and Development Cu:anission to review the role of outdoor advertising in the economic development of [den Prairie. I would he happy to meet with the Council to discuss this request and provide any additional information. I am looking forward to hearing from you. Sincerely, -; . qy5 Julianne rye A-.....: .4" Ili,r.,.I , rr.l'11r11-n1r nrovelllnrh,nt Page-2- Connection Requested: Water Sewer The undersigned hereby request that the City of Eden Prairie assess against the property described above the additional connection charges determined pursuant to City Code Section 3.07. The undersigned understands that the additional connection charges shall be a charge against the owner in addition to an . assessment against the property. • THE UNDERSIGNED CONSENTS TO THE LEVYING OF ASSESSMENTS ON ACCOUNT OF THE CONNECTION.REQUESTED AND WAIVES NOTICE OF THE ASSESSMENT HEARING AT WHICH IiEARING THE ASSESSMENT IS TO BE CONSIDERED BY THE CITY COUNCIL AND THEREAFTER APPROVED AND LEVIED. THE UNDERSIGNED WAIVES ALL RIGHTS UNDER M.S.A.SEC. 429.081, 444.075 OR OTHERWISE TO CHALLENGE THE AMOUNT OR VALIDITY OF THE ASSESSMENTS OR THE PROCEDURES USED BY THE CITY IN LEVYING THE i- - ASSESSMENTS AND HERE13Y RELEASES THE CITY, ITS,OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY RELATED TO OR ARISING OUT OF THE LEVYING OF THE ASSESSMENTS IN ACCORDANCE WITH THIS APPLICATION. Date: OWNER OWNER (All owners and spouses must sign application.) 9u3 • • • MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager• ��� FROM: Bob Lambert, Director of Community Services �-Ate • • DATE: May 12, 1983 • SUBJECT: Discussion of Park Facility Reservation Policy and Fees A member of the City Council has requested that staff put this item on the • agenda for discussion and has indicated that some people in the community are upset about being charged to reserve park facilities. The existing policy was approved at the August 17; 1982 City Council meeting. This item was under the report of the Director of Community Services, but was moved to the consent calendar for approval. A copy of the August 17 Council .minutes is attached, as well as a copy of the minutes of the August 2 meeting of the Parks, Recreation and Natural Resouces Commission. Also, attached is a copy of the current policy and the July 26 memo that out- lines the rationale for this policy. A copy of the survey of 17 communities in the metropolitan area regarding park reservation policies is also attached. • • Briefly, the rationale for charging anyone for reserved use of park facilities • is that while these groups are using the facilities, the general public are not able to use those facilities. Therefore, a fee should be paid for that privilege. Staff will be in attendance at the May 17 meeting to discuss this item. BL:md • • • • • • • • • ayyG City Council Minutes -]3- August 17, 1982 2. Penzel - said he and City Manager Jullie had met with the manager of the landfill. An invitation to tour the facility had been ex- tended. MOTION: Redpath moved, seconded by Bentley, to meet•at 6 p.m. on ,Tuesday, September 7, 1982, to tour the landfill. Motion carried unanimously. • B. Report of City Manager 1. HRA Housing_Revenue Bonds for Edenvale Apartments City Attorney Pauly spoke to the negotiations he had with the attorneys for Edenvale Apartments. (See attached memorandum.) James Gilbert and Steve Cox were present to represent the pro- ponent and spoke to their problems with the indemnification clause. • City Attorney Pauly noted the specific provision which addressed the indemnification agreement which the City requires. Discussion on the ramifications of the provisions ensued, MOTION: Bentley moved, seconded by Redpath, to continue the meeting beyond the 11:30 p.m. time limit. Motion carried unanimously. Various ways were discussed which might alleviate the problems which have been presented. MOTION: Redpath moved, seconded by Bentley, to continue action on this item to the next meeting of the City Council. Motion carried unanimously. C. Report of City Attorney_ There was no report. 0. Report...of Director of Community.Services 1. HAEP (Hockey Associatlo of Eden prairie) request_for Hol_iday- -Hockey Tournament This item was moved to the Consent Calendar as item III. N. 2. Park Facilities Reservation Policies This item was moved to the Consent Calendar as item III, 0. • • qy1 City Council Minutes -2- August 17, 1982 • III. CONSENT CALENDAR • • A. 2nd Reading of Ordinance No. 1-82, adopting the City Code B. Request pproval to advertise for bids for sidewalk adjacent-to Franl_o Road • C. Clerk's License List D. Receive petition for sanitary_sewer and watermain on Pioneer Trail between Yorkshire Lane and TH 169 and authorize preparation of feasi- bility report, I.C. 52-034 (Resolution No. 82-203) E. Final-plat approval for Golden Strip East. Located east of Prairie Center Drive and north of 1-494 (Resolution No. 82-204) F. Final_plat approval for Golden Strip_Rept a t. Located east of Prairie Center Drive and north of 1-494 TResolution No. 82-205) G. Vacation of Media Lane and utility easements (Resolution No. 82-169) Continued from July 6, 1982 H. CNR Agreement for Golden Strip Commercial PUD (area west of Vikings and east of Smetana Lane) - Dutlot C to be dedicated to the City I. Proclamation desii_ hating September 8 National Cancer Day (Resolution No. 82-201).....- J. Resolution No. 82-209, appointing election judges_ for the Primary__Election to_be held September 14, 1982 K. Final approval of Municipal Industrial DevelopmentBonds in the amount of 535.0,000.00 for Haakon and Lucille_-_Nyharie.er (Eden Prairie Grocery) (Resolution No. 82-2021 - L. Request for Liquor License for Brothers-In-Law, inc. dha Boardwalk Restaurants. Inc. (formerly Brothers Restaurant at Eden Prairie Center) - (Continued from August 3, 1982) - formerly VII. A. M. Resolution adopting Urban Hennepin County_ Housing Rehabilitation Grant Program Procedural Guides (Resolution No. 82-200) - formerly VIiI. A. N. HAEP (Hockey Association of Eden Prairie) request for Holiday Hockey Tourna- ment - formerly 1X. D. 1. •0. Park facilities Reservation Policies - formerly IX, D. 2. MOTION: Edstrom moved, seconded by Tangen, to approve items A - 0 on the Con- sent Calendar with an addition to item "H" that Outlot C be dedicated to the City. Motion carried unanimously. ( Minutes - Parks, Recreation & approved August 2, 1982 Natural Resources Commission 5 CB. Park Facility Reservations Policies Lambert explained that there are more and more requests for reservations of the park facilities by large groups. As of now, the City is not charging any fee. We are look- ing at large groups which can dominate use of the park and question whether this is right. According to a survey sent to other communities similiar to Eden Prairie, 14 out the 17 that responded had reservation fees. Another problem we have run into is that when tournaments.are being held at the same time as a group has a reservation, there are not enough facilities. There is no place for the average resident who wants to make use of the park. Anderson suggested accepting reservations at Staring Lake only for large groups. Lambert responded that there are facilities for 150 only, and that the groups coming in are as large as 500. • Lambert answered questions regarding amount of facilities, damage deposit use and extra costs incurred by large group use. (extra maintenance, electricity and water, and people needed to check people in and out) MOTION: Kingrey moved to recommend adoption of the Sliding Scale fee, non-refundable of $25-$150 for groups up to 300, with the non-refundable feature to be reviewed annually. Schwartz v seconded. Motion carried, with Anderson voting "Nay", i because he felt there should be a damage deposit. MOTION: Jessen moved to accept Memo of July 26, 1982, 3 except item no. e. Friederichs seconded, motion carried unanimously. C. Discussion on Defining Community Ed/City Leisure Service 'rogram Fie^ponsibilities i Lambert spoke to talks with former Community Education Director, Mick Anderson, and Superintendent Dr. McCoy about concerns with City and School relationship, and 1 - the need to put goalsin writing, as well as definitions of programs, services by both City and School. Jessen explained the history of Community Education. He felt that many programs offered by both City and Community Ed look alike, and that there have been no reports from Community Ed recently. Kingrey felt that the Memo of Oct. 14 was generally good, and felt that such a memo should be forwarded to Dr. McCoy as quickly as possible, during the administrative break. Lambert commented that he felt the input should be from the �.� City, rather than Staff. auq • " Fees Waived only for public service organizations. t APPROVED BY ct'ry comm 8/17/82 PARK FACILITY RESERVATION POLICIES . L. 1. BALLFIELDS ' a. Reservations for tournaments by Eden Prairie public service groups or City sponsored programs only. b. Due to limited parking facilities tournaments at Round Lake will only be reserved on a first come first served basis with park shelter reservations. Fields 1 G 2 may not be used for . tournaments if they've already been committed by a group picnic reservation. c. If tournament directors need lining equipment they will be responsible for picking it up on Friday afternoon before _ 3:30 p.m. and returning it Monday morning. • d. If the tournament required any extra City maintenance ie. lining • ' fields, dragging infield, etc. beyond regular working hours a request must be submitted at least five working days prior to the tournamnet and a fee paid to cover the cost. (Fee is $45/three hour block of time.) e. A $50 deposit will be required at time of reservation to reserve the fields. If the tournament is cancelled with less than a four week notice the deposit is forfeited to the City. 2. PICNIC AREAS • a. The only picnic area (tables and grills - no building) reserved is the area southwest of the Round Lake Building that contains the • 10 picnic tables painted brown. This area may be reserved with the park building for groups over 50, and with the Park Building and Park Pavilion for groups over 200. This area is only reserved on weekends and holidays. b. The maximum number for this area is 100. ' • c. All other picnic areas (tables with grills) are on a first come first served basis. d. See reservation fees below. ' 3. BUILDINGS • ' a. Facilities at Round Lake Park may be reserved on Fridays thru Sundays and holidays from May thru October. b. The building at Staring Lake Park may be reserved seven days a week from May thru October. c. The minimum number for any reservation is 25. 9SQ • Y . r _2- d. The maximum number for the following facilities is: 1. Round Lake Pavilion 150 1. 2. Round Lake Building SO 3. Round Lake Picnic Area 100 4. Staring Lake Pavilion • 150, e. Fees are based on the number of people in attendance. Fee schedule is as follows; • Number of Persons Reservation Fee 25-50 $.2S • • 51-100 50 • 101-150 75 • 151-200 100 I 201-300 15Q ! ---.':., • f. Individuals and companies located in Eden Prairie may reserve buildings anytime after January 1 for reservations during that year. , • g. Groups or companies outside of Eden Prairie, but with branch . offices in Eden Prairie or Eden Prairie residents as employees • may reserve facilities after June 1 of the current year. (A list of Eden Prairie residents that currently work for the company must be submitted at time of reservation.) h. Companies outside of Eden Prairicwith no branch office in Eden Prairie or no Eden Prairie residents will not be allowed to reserve facilities. i. No private group of over 300 will be allowed to reserve facilities at.any park. j. Reservations arc only recorded open receipt of the reservation • fee deposit. k. No food or beverage may be sold without permission of the Director of Community Services. 1. No tent or other structure may be set up without permission of the Director of Community Services. • m. Permit holder is responsible for all trash pickup and any • 0damage to public property. 951 • MEMORANDUM j TO: Parks, Recreation and Natural Resources Commission g 1 FROM: Bob Lambert, Director of Community Services A DATE: July 26, 1982 • SUBJECT: Park Facility Reservation Policies 1 As Eden Prairie continues to develop quality picnic facilities the demand for reserved use of these facilities also increases. Thus far in 1982 61 groups have requested reserving facilities at Round Lake Park. Of these 61 groups 18 have been companies or groups from outside of Eden Prairie with employees living in Eden Prairie. The existing City policy allows individuals or companies located in Eden Prairie to reserve picnic facilities anytime after January 1 for the current year. Companies from outside of Eden Prairie, s but with branch offices in Eden Prairie or with Eden Prairie residents as employees, may reserve facilities at no charge, but with a deposit, after i June 1 of the current year. The companies outside of Eden Prairie with no branch office in Eden Prairie or no Eden Prairie residents are not allowed to reserve facilities. Round Lake Park presently has two reservation areas, the open sided park I pavilion and the park building, which also includes a portion of the wooded picnic area to the southwest of the park building. Staff is recommending that the pavilion, the building and the wooded picnic area be three separate • i reservation areas in 1983. The Staring Lake Park sehlter which will be completed by September of 1982 will add a fourth reservation facility. Staff is recommending that the Parks, Recreation and Natural Resources Commission and the City Council consider adopting a fee structure for reservations beginning Pi 1983 for the following reasons: 1. When large groups or companies reserve a facility they are in effect taking the use of those facilities away from the casual park user for that reserved time. It is reasonable to consider that users should pay a minimal fee for this privilege. 2. The City does incur some extra costs for large group use of City facilities including extra maintenance, electricity, • and water and in the case of the park building the City pays an individual to open the building prior to the group use and 'to close the building. An individual is also payed to check people in and out of the pavilion area (this needs to be done to determine if the area is left clean so the deposit can be returned). This extra cost should be absorbed by the group. . 3. Staff estimates that the proposed fee schedule would generate approximately $2,500 in 1983. This is not a great deal of money a5-z -2- however, it is the same amount that was eliminated out of the 1982 budget that had been scheduled for a.park ranger program. Staff feels that a park ranger program would save that amount in vandalism alone and would provide a very good PR program especially with large groups. Attached to this memo is a survey sheet on picnic reservation policies that was sent to 19 suburban communities in the metropolitan area. Seventeen surveys were returned by the July 23 deadline. The numbers filled in the blanks are the totals provided by the 17 surveys. This survey indicated the majority of the cities allowed groups from outside the city to reserve facilities. Several only allowed companies that had a local resident as an employee. Approximately two-fourths of the communities charged fees for outside groups and local groups. One-half of those charging fees had a sliding scale depending on the size of the group. Of the 14 communities responding that they did have reservation policies, 11 set maximum sizes on each of their facilities. Only half of the communities required damage deposits and all of the communities allowed a company with a branch office within the city to reserve for the entire company. The maximum group number per facility limited this to the smaller companies. Approximately half of the groups reserving facilities at Round Lake Park are 50 or smaller. Thirty-two of the 61 were between 25 and 50. Fourteen were between 51 and 100. Eleven between 100 and 150. Four between 150 and 200 and eleven 200 or greater. The largest group being approximately 500. } City staff recommends establishing a fee based on the number of people in attendance and combining the fee with the deposit similar with the method used in Roseville and Mounds View. A copy of the sliding scale fee is attached in the draft copy of the park Reservation Facility Policies attached to this memo. The actual fee for groups of 25-50 people would be $15. The maximum fee for a group of over 200 would be $75. Another issue to be addressed is the polciy regarding the maximum number for a group reservation. The existing policy has a maximum number of 150 at the �. pavilion, 75 at the park shelter. However, if the group exceeded 150 the City allowed the group to reserve both the pavilion and the shelter. If the group exceeded 300 the City required the group to rent satellites and arrange for parking control. Staff requests the Parks, Recreation and Natural Resources Commission and•the City Council to establish a maximum number of 300 for Round Lake Park and a maximum number of 150 for Staring Lake Park. These numbers are based upon the facilities available including parking, amount of space we have in the shelters, picnic tables and grills. Obviously, those parks could accommodate larger groups hut they would begin to severely restrict the casual park user during those times. As Round Lake Park is reserved nearly every Friday, Saturday and Sunday from May to October it seems reasonable to limit the use to keep it somewhat open on weekends for the community as a whole. Staff requests the Commission and the City Council to also consider adopting the attached policies regarding reservation of ballfields for tournament use. The exiting policy allows Eden Prairie public service organizations to sponsor • tournaments as fund raisers. The potential conflict arises when a tournament is scheduled the same weekend as a large picnic group. The picnic groups aro • y�3 -3- assigned a softball field as part of their reservation with their shelter. Therefore,e there is an eifaaegrouploft300treserve the se thef the picniclelds.facilitiesoonly, due tom ee a warm weekend when the use of the park would also tend to be high the existing parking facilities would be filled and if a tournament was also scheduled during that same weekend there would be severe parking problems. Therefore, City staff is recommending that reservations for tournaments be reserved on first come first served basis along with the picnic reservations. Fields one and ittwo r a would not be used for tournaments if they were already committed to a group picnic reservation, and if groups totalling more than 150 people had reserved facilities no tournaments would be allowed to be scheduled at Round Lake Park. Also, if a tournament was scheduled for Round Lake Park, no facilities would be reserved for picnic use. The reservation policies also include clarifying the maintenance that must be requested and establishing a fee that would cover any overtime maintenance that would be required of the tournament. These proposedpo policiess oTensure meant enjoyable restrict experiece by those facilities, making clarify • ea ions, asew and t reservations, well as by the community at large that also will be using the park during those same times. • BL:md • • • • • • 95L{ , • • City: • Seventeen of nineteen communities returned surveys 1q{Person filling out survey: =t ;'i 1. Does your city reserve picnic facilities for group use? jyes 3 no If answer to this question is no, there is no need to proceed with this survey; however, we would still appreciate your returning this survey in the self addressed stamped envelope. Thank you. 2. Group picnic reservation areas include the following: number Enclosed Shelter 5 communities had enclosed shelters Open Sided Shelter 7 communities had open sided shelters • '''':::: Areas with Designated Picnic Tables/Grills 9 communities had picnic areas • • 3. Do you allow groups or companies from outside the community to reserve picnic areas? byes I no • If yes, what are the fees and rules regarding their use? Three communities only allowed this if the company had a resident employee fill out the application. 4. What arc the fees for local groups or companies? Four communities were free. Five had a sliding scale depending on the facility and the size of the group. Five had a flat rate ranging from $5 to $300 per day per group. 5. Do you have maximum or minimum sized groups for picnic areas? i_yes 4 no If yes, please explain Most had various maximum numbers based on capacity of facilities. Some left it up to the group to determine if facilities would handle their group. . G. Do you have a damage deposit? _yes 5 no If yes, please detail !fanged from $25-$100 • 7. If a company has a branch- office in your city, do you allow the head office to reserve your facilities? i yes no (3) only if resident applies 8. what services/facilities does a picnic reservation include: 8 Electricity 8 Eater 2 Hot Plates -Charcoal Grills ' 2 Softball Field .7—Volleyball Court •—Other Please list Other included tennis courts and horseshoe courts. J rc4 1 .. Thank you for your cooperation. If you arc interested in the results of this survey, please check here Communities surveyed were: Apple Valley, Arden Hills, Blaine, Bloomington, Brooklyn Center, Brooklyn Park, Chanhassen, Cottage Grove, Eagan, Edina, Golden Valley, Maple Grove, Maplewood, Mounds View, New Brighton, Plymouth, Roseville, Shakopee, South St. Paul I ,' • • • 640 • MEMORANDUM • • TO: The Mayor, City Council and City Manager THRU: Robert Lambert, Community Services Director FROM: Charles Pappas, Community Center Manager/� DATE: May 12, 1983 • SUBJECT: Schooner Days Raffle Request for Memberships Attached to this memo is a request from Mr. Ron Frey, the Schooner Days • Co-chairman requesting a donation of 2 one half year family memberships • to be raffled off during Schooner Days if their raffle permit is granted. The Lions Club is the second organization that has requested this type of donation in writing. The EPAA requested the 1st one and it was granted by the Council. In view of the many contributions to Round Lake Park, made by the Lions from the proceeds of Schooner Days and other activities, staff would recommend this request with the stipulation that the winners either live or work in Eden Prairie. This stipulation is requested due to the policy ,that states that in order to purchase a membership to the Community Center, ,the purchaser must live or work in Eden Prairie. • 95 May 9, 1983 Chuck Pappas, Mgr. E.P. Community Center Eden Prarie Community Center 16700 Valley View Road Eden Prairie, Minnesota 55344 Dear Mr. Pappas, Recently the Eden prairie Lions announced that the dates for the 19th annual "Schooner Days Community Feastival" had been set. As you know, each year the Lions respond to many community needs. This year our Community goals are even greater and Schooner Days plays a major part in our fund raising. This year we're adding a new element to the festivities, "A Raffle". A request has been submitted to the city for a temporary permit and pending it we will proceed. Several businesses have already committed to raffle prizes. To encourage more Community involvement we would like to offer two family memberships to the Community Center. Because memberships expire year end, these would be prorated. Your donation would be greatly appreciated, please inform me of your decision. hanking you in advance, • Ron Frey Schooner ys Co-Chairman E.P. Lions • • 95$ • • CITY OF EDEN PRAIRIE • CLERK'S LICENSE APPLICATION LIST May 17, 1983 CONTRACTOR (MULTI_FAh1ILY & COMM.) PLUMBING C & D Painting Contractors Mickeckelson Plumbing, Inc. Hale Company Town & Country Plumbing Mikkelson-Wulff Remodeling Pump & Meter Service UTILITY INSTALLER CONTRACTOR 11 & 2_ FAMILY Mickel son Plumbing, Inc. Creative Landscape Service, Inc. VENDING Eldeen, Inc. `_._ Lantto Building & Development Coca Cola Bottling Co. Midwest Gutter & Remodeling Palmer House Builders 3.2 BEER ON SALE Pleasure Pools Ultra Homes, Inc. Schaddts Market GAS Ell TER 3.2 BEER OFF SALE Hoffman's, Inc. Schmidts Market HEAT ING & VENTILATING TEMPORARY BEER Hoffman's, Inc. Eden Prairie Lions (Schooner Days) , SOLICITOR TEMPORARY GAMBLING *;A. R. Mac Charles (mobile veterinary Eden Prairie Lions (Schooner Days clinic) and Corn Feed) These licenses have been approved by the department heads responsible for the 1icf nsed activity. Qf . � u Pat Solie, Licensing * Contingent upon the approval of Public Safety and the requi red pictures of the applicant along with liability insurance forms. 959 0�