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HomeMy WebLinkAboutCity Council - 07/05/1983TIVIAY, JULY 5, 1983 CONCIL MEMBERS: CITY COUNCIL STAFF: /.4 EDEN PRAIRIE CITY COUNCIL AGENDA INVOCATION: Councilman George lentley PLEDGE OF ALLEGIANCE ROLL CALL • /4" 7:31 PM, CITY HALL Mayor Wolfgang Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie; City Attorney Roger Pauly; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael : • .* I. PRESENTATION OF DONATION FROM EDEN PRAIRIE LION'S CLUB OF $2,5111 FOR IMPROVEMENTS Page 1273 AT ROUHD LAKE 11. PPESEhTATION a .y THE EDEN PRAIRIE COMMUNITY THEATRE IN THEIR UPCOMING PRODUCTION OF "CARNIVAL" APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Irk.. MINUTES OF THE CITY COUNCIL MEETING HELD TUESDAY, JUNE 7, 1983 V. CONSENT CALENDAR A. Clerk's License List B. 2nd Reading of Ordinance No. 29-83, Zoning_ from RM-6.5, and Adoption of Resolution No. 83-161, Approving Summary of Ordinance No. 29-83, and . Ordering Publication of Said Summary for Gustafson E. Associates. Location: Adjacent to Cardinal Creek Road and West of Stonewood Court. C. Final Plat approval for Bryant Lake Office Tech Center (Resolution No. 83-155) D. Final Plat approval for Edenvale 17th (Resolution No. 83-156) E. Approve Plans and Specifications for Rymarland Camp 3rd Addition, and authorize bids to be received on July 19, 1983, I.C. 52-143 (Resolution No. 83-154) F. Award contract for North segment of MCA roadway improvements, I.C. 51-318C TResolution No. 83-148) G. Contract Amendment No. 1 for Technology Drive Improvements, I.C. 52-111C H. Approve plans and specifications and order bids to be received on July 28, 1983 for watermain improvements on Co. Rd. 67, I.C. 52-1521iReso1ution No. 83-149) I. Contract Amendment No.4 for City West Parkway Improvements, I.C. 52-125 Page 1315 J. Change Order No. 8 for City Services Project Page 134.: 1 Page 1274 Page 1287 Page 1288 Page 1292 Page 1295 Page 1299 Page 1341 Page 1312 Page 1345. City Council Agenda - 2 - Tues.,July 5, 1983 K. Receive petition for roadway and utility improvements for street to serve the easterly end of Bryant Lake Office Center and authorize the preparation of a feasibility report, I.C. 52-053 (Resolution No. 83-1511) L. Approve limited use permit for construction of ramps to/from and bridge Page 1313 over 1-494 - Northern segment of MCA roadway project, I.C. 51-368C (Resolution No. 83-151) M. Receive letter (petition) for traffic signal at Leona Road/TH 169 and authorize feasibility report (Resolution No. 83-152) N. 2nd Readinq of Ordinance No. 38-83, allowing for interim uses in the Major Center Area O. 1st Reading of Ordinance No. 33-83, leferment of Special Assessments for Senior Citizens and Handicapped Persons P. Request from All for adoption of Resolution No. 83-161 for Lot 2, Block 1, Shady Oak Industrial Park 3rd and 6th Additions regarding compliance with Developer's Agreement W. 2nd Reading of Ordinance No. 28-83, amending City Code Sections 6.62 and 6.93 which relate to the application and scope of Chapters 6. 7 and 8; amending City Code Section 8.118 which relates to truck parking in residential districts; and adopting by reference City Code Chapter 1 and ' Sections 6.19, 7.19 and 8.99 which, among other things, contain penalty provisions R. 2nd Reading of Ordinance No. 21-83, Zoning from Rural to RM-6.5, Approval of Developer's Agreement for Lorence Addition, and Adoption of Resolution No. 83-139, Approving Summary of Ordinance No. 21-83, and Ordering the Publication of said Summary for Lorence Addition. 31 condominium units on 4.725 acres, at luck Lake Road and Valley View Road. S. 2nd Reading of Ordinance No. 20-83, Zoning from C-Regional Commercial Page 1334 to Office, Approval of Developer's Agreement for Bryant Lake Office Tech Center, and Adoption of Resolution No. 83-140, Approving Summary of Ordinance No. 20-83, and Ordering the Publication of said Summary for Bryant Lake Office Tech Center. 7.94 acres for office/service/storage facilities at County Road 60 and Market Place Drive. T. 2nd Reading of Ordinance No. 14-83, Zoning from RM-6.5 and Rural to Page 1342 RT=9.5, Approval of Developer's Agreement for 81uffs East, and Adoption of 'Re-sTelTiTi-dfi-No. 83-141, Approving Summary of •FdirlanCe—No. 14-83, and DTEFing the Publication of said—Summary for ffilffs East. 91 single family detached units, 40 townhouse units and outlots. West of Franlo Road and South of County Road 1. U. 2nd Reading of Ordinance No. 24-83, Zoning from Rural to RM-6.5, Approval Page 1356 of Oeveloper's Agreement for Edenvale 17th Addition, and Adoption of Resolution No. 83-147, Approving Summary of Ordinance No. 24-83, and Ordering the Publication of said Summary for Edenvale 17th Addition. 42 duplex units located North of Edenvale Boulevard, South of Birch Island Road. Page 1311 Page 1318 Page 1321 Page 1325 Page 1326 Page 1193 Page 1327 V. 1st Reading of Ordinance No. 23-83, Zoning Amendment to approve Tievised Site Plan, and amending PU1 listrict, including variances 1ii—RM-6.5 for 32 townhouse units for Northmark 4th Addition. Located North of Nesbitt Preserve Park, West of Center Way. Page 1363 City Council Agenda - 3 - Tues.,July 5, 1983 VI. PUBLIC HEARINGS A. LEN SWEDLUNO & REPUBLIC SUPPLY COMPANY. Request for Preliminary Plat of 14 acres into three (3) lots of approximately 4.6 acres for single family detached homes. Location: South of Riley Lake Road and east of the Carver/Hennepin County boundary. (Resolution No. 83-158 - Preliminary Plat) B. PUBLIC HEARING ON FEASIBILITY REPORT FOR SHADY 'OAK ROAD UTILITIES, I.C. 52-949 (Resolution No. 83-153) C. JAMES REFRIGERATION. Request for Zoning from Rural to Office for 2.16 acres for an office building. Location: Southwest corner of Shady Oak Road and Highway 169. (Ordinance No. 31-83 - Zoning) O. REMBRANOT RIDGE by Neil A. Lewis and Associates. Request for Zoning from Rural to R1-13.5 and Preliminary Plat of 11.4 acres for 19 single family residential lots. Location: East of 168th Avenue West and south of Chatham Woods. (Ordinance No. 32-83 - Zoning; Resolution No. 83-159 - Preliminary Plat) VII. PAYMENT OF CLAIMS NOS. 8248 - 8486 VIII. REPORTS OF APIARY COMMISSIONS Historical & Cultural Commission - Permission to apply for Historical Restoration Grant under the Emergency Jobs Act of 1983 ( X. PETITIONS, REQUESTS & COMMUNICATIONS A. Request from Terry Douglas regarding Land Alteration Perm 4 t. Location: North of US 169, West of Eden Prairie Road - Mn. River Bluffs Area. (Continued from June 7, 1983) B. LEE DATA by Opus Corporation. Request for Registered Land Survey of approximately 4.4 acres to provide secondary access to Lee Oata from W. 70th Street. Location: West of W. 70th Street adjacent to Lee Data and Shady Oak Industrial Park 5th Addition. (Resolution No. 83-157 - Registered Land Survey) C. TARGET. Request for Site Plan Review for Retail Service Use. Location: East of Highway 169, North of Prairie Center Drive. O. SHERATON INN. Request for Amendment to Developer's Agreement. X. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager I. Goals & Objectives (Continued from March 22, 1983) C. Report of City Attorney D. Report of Planning Director 1. Transportation Report on T.H. 212 XI. NEW BUSINESS Page 1364 Page 1373 Page 1374 Page 1383 Page 1397 Page 1403 Page 1404 Page 1411 Page 1413 Page 1417 Page 1418 In 1981, the Lions Club committed to a $15,000 pr o j e c t f o r R o u n d L a k e P a r k that included installation of the playground equi p m e n t a n d t h e f i s h i n g d o c k . The Lions Club requested that the City install th o s e f a c i l i t i e s i n 1 9 8 1 a n d allow the Lions Club to payoff that project over a f o u r o r f i v e y e a r p e r i o d . The Lions Club donated $5,000 toward that project i n 1 9 8 1 a n d a d d e d $ 2 , 5 0 0 toward the project in 1982. On Tuesday, July 5, 1983 Bob Pemberton and Kea M o u l d e r , o f t h e E d e n P r a i r i e Lions Club, will be in attendance at the Council m e e t i n g t o p r e s e n t a c h e c k , for $2,500 for their 1983 payment towatd this pro j e c t . • The playground equipment at Round Lake Park and t h e f i s h i n g p i e r o n t h e s o u t h side of Round Lake have already provided hundred s o f c h i l d r e n m a n y h o u r s o f enjoyment. Round Lake Park is gaining a metropo l i t a n a r e a r e p u t a t i o n a s o n e of the finest community parks in the area. This p a r k has developed into such a fine facility due in large part to the generous d o n a t i o n s o v e r t h e y e a r s by the Eden Prairie Lions Club. BL:md MEMORANDUM TO: Mayor and City Council THRU: Cal Jullie, City Manager FROM: Bob Lambert, Director of Community Services "" DATE: June 29, 1983 SUBJECT: Lions Club Donation UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL TUESDAY, JUNE 7, 1983 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang H. Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Services ! Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman Paul Redpath PLEDGE OF ALLEGIANCE ROLL CALL: all members were present I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The following item was removed from the Consent Calendar as item III, E. to item VIII. B. 3 . Award contract for LaVonne Industrial Park, I,C. 52-048 (Resolution No, 83-115), The following items were added to the Agenda: VIII, A, 1. Violations of Grading Permits and VIII. A. 2. Lake Use Policy. MOTION: Bentley moved, seconded by Redpath l to approve the Agenda as amended and published, Motion carried unanimously, II. MINUTES A, Board of Review meeting held Tuesday,, May 17, 1983 MOTION: Redpath moved, seconded by Tangen, to approve the Minutes of the Board of Review meeting held Tuesday, May 17, 1983, as published. Motion carried unanimously, B. City Council meeting held Tuesday, May 171 1983 p, 5, pare, 3: replace the last sentence which read; "He said there are two items which should make this a desirable improvement with a minimal encroach- ment into the bluff's area: this would be an improvement in the public health and welfare; and it provides the City the ability, through zoning, to control the upgrading as well as the image of the community," with: He said there City Council Minutes -2- June 7, 1983 were two items to consider in determining whether or not a minimal encroach- ment into the bluffs in this area should occur: 1) would this be an improvement in public health and welfare, and 2) whether it provides the City with the ability, through rezoning, to control development and design of any expansion, and thus improve the image of the community. He said that in his mind this rezoning proposal met both conditions." p. 9, para. 2, 1st sentence: delete you might have a local improvement and some areas might not be included," and insert "for example construction of sewer and water other than if a local improvement under Chapter 429." p. 9, para. 2, last sentence: change: "an assessment" to "a charge" p. 9. para. 3, delete 2nd sentence which read: "Pauly said the same rights of appeal pertain to this as to the usual assessment process." and replace with: "Pauly said upon notice to the owner of the proposed charge the owner may request a hearing by the Council, If the owner wishes, he would have recourse to a court of review the Council's decision and whether it is in accord with the Ordinance and the enabling statute. While procedurally the hearing and court review are similar to that in the assessment process there are substantive differences. The principal difference is that in the assessment proceeding the test is whether the benefit to the property equals the proposed assessment, In a connection charge proceeding the charge must be upon a comparable basis per front foot and/or area as assessments for public improvements against other properties in the district or neighborhood, or if none, upon an estimated or levied uniform charge." p. 11, para, 2: change "and the adjacent property owners" to read "and the residents" MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the Tuesday, May 17, 1983, meeting of the City Council as amended and published, Motion carried unanimously, III. CONSENT CALENDAR A. 2nd Reading of Ordinance No, 18-83, establishing a fee for connecting to the sanitary sewer and water system B. Resolution No. 83-133, designating the City Manager as the Signatory to sign ''appropriate application forms for training reimbursement money from the Minnesota Board of Peace Officers C. 2nd Reading of Ordinance No. 9-83, rezonin22from Rural to•PUblic, approval Tif Developer's Agreement for Pax Christi Catholic Community, and adoption of Resolution No. 83-127, approving Summary of Ordinance No. 9-83, and Ordering the Publication of said Summary for Pax Christi Catholic Community. 25 acres for church site and 13 acres for park. North of County Road 1, west of proposed Homeward Hills Road extension. (Ordinance No, 9-83 rezoning, Resolution No, 83-127 - approving Summary) /275 0:16 City Council Minutes -3- June 7, 1983 D. Final plat approval for Pax Christi Catholic Community (Resolution No, 83-123) E. Award contract for LaVonne Industrial Park, I.C. 52-048 (Resolution No. 83-115) - moved to VIII. B. 3, F. Award contract for self propelled roller (Public Works) G. Resolution No. 83-104, modifying the Municipal Industrial Development Bond transaction for Valley Place Office Associates in the amount of $1,200,000.00 H. 2nd Reading of Ordinance No. 16-83, rezoning from R1-13.5 to R1-9.5, approval of Developer's Agreement for Dellwood and adoption of Resolution No. 83i.12,6, approving Summary of Ordinance No. 16-83, and Ordering the Publication 6 -f-KraTd Summary for Dellwood, 90 single family residential units, two outlots and park open space on 36 acres. West of Dell Road, north of Duck Lake Trail. (Ordinance No. 16-83 . rezoning, Resolution No, 83-126 - approving Summary) I. Final plat approval for Dellwood (Resolution No, 83,124) J. 2nd Reading of Ordinance No, 10-83, rezoning from RN 6.5 to R1-9,5, approval of Developer's Agreement for Valley Curve (formerly Willow Bend), and adoption of Resolution No. 83,128, approving Summary of Ordinance No, 10-83, and Order- ing the Publication of said Summary for Valley Curve. 80 single family resi- dential units and 11.2 acres for park, Southeast corner of Baker. Road and Valley View Road. (Ordinance No, 10-83 - rezoning, Resolution No. 83-128 - approving Summary) K. Final plat approval for Valley Curve (Resolution No; 83-122) L. Final plat approval for Westwood Industrial Park (Resolution No. 83-125) M. Receive feasibility report for utility improvements along Shady Oak Road and set Public Hearing for 7:30 p.m., July 5, 1983, I.C. 52-049 (Resolution No, 83 -116) N. Extra Work Order No. 1 to I.C, 51-340A for trunk improvements on Duck Lake Road, I.C. 52-041 O. Approve plans and seecifications for Valley View Road Improvements, I.C. 51-308C, and authorize bids to be received on June 30 1983 (Resolution , No. 83-118) P. Receive 100% petition for Watermain Improvements on County Road 67, west of Industrial Boulevard, I.C, 52-052 (Resolution No. 83-119) Q. Set Public Hearing for July 19, 1983, to vacate unused right-of-way on Plaza Drive City Council Minutes -4- June 7, 1983 R. Approve plans and specifications for Homeward Hills Road extension and authorize bids to be received on July 14, 1983 (Resolution No. 83-120) S. Authorize permit application for connection of sanitary sewer to MWCC trunk .sewer at Homeward Hills Road (Resolution No. 83-121) T. Clerk's License List MOTION: Redpath moved, seconded by Anderson, to approve items A - D and F on the Consent Calendar. Motion carried with Bentley voting "no" on item A. IV. PUBLIC HEARINGS A. HIDDEN GLEN by R.M. Feerick Associates. Request for Planned Unit Development District Review of 104 acres for 195 single family detached units and 58 multi-family units; 1st Reading of Ordinance No. 22-83, rezoning from Rural to R1-9.5, R1-13.5 and R1-22 for 22.8 acres for residential use Resolution No. 83-129, approving Preliminary Plat of 22.8 acres for 59 single family lots. Location: east of Highway 101 and south of Townline Road. (Ordinance No. 22-83 . rezoning and Resolution No. 83-129 . preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and notification had been sent to property owners within the project vicinity. Francis Hagen, Westwood Planning and Engineering, spokesman for the proponent, addressed the proposal. Planning Director Enger said this proposal had been reviewed by the Planning Commission on April 25, 1983, and was continued to the May 9, 1983, meeting to accommodate the realignment of Dell Road to the west. At its May 9th meeting the Planning Commission voted to recommend approval of the request subject to the recommendations included in the May 6, 1983, Staff Report. Director of Community Services Lambert noted the Parks, Recreation & Natural Resources Commission had reviewed this proposal at its May 16, 1983, meeting. Discussion at that time revolved around the location and size of the park as well as how to pay for it. The Commission requested the park boundary be moved 70' to the west. With that issue resolved, the Commission voted to recommend approval subject to the recommendations of the Planning Commis- sion as well as those of the May 6, 1983, Staff Report. Lambert said he would request the Council to authorize Staff to obtain an appraisal on this site so negotiations for the acquisition of the park property might begin, if this proposal is approved. Enger discussed the possible alignment of Highway 101, Bentley asked the reason for rezoning only 22.8 acres of the total PUD. Dick Feerick, developer, stated there are still issues to be resolved regarding the other areas and he does not wish to hold up work on the entire project until these are worked out. I 17'77 City Council Minutes -5- June 7, 1983 Penzel asked how single family home buyers will be told of the proposed multiple dwellings to the north. Feerick said he is willing to put up signs, if necessary, to say what is planned. Anderson inquired as to the area to be served by the park. Lambert said it would serve the area north of Duck Lake Trail and west of Dell Road. Anderson asked how much money would be received in cash park fees from this project, Lambert said between $200,000 and $250,000 depending on the densities. Anderson asked if land could be given to the City in lieu of cash park fees. Lambert said it could. Bentley asked if the park dedication was tied to any phase of the proposal. Lambert said it is not, prior to the realignment of Dell Road things were different. Feerick said he felt if the property were to be developed in phases, It would be beneficial to the City as well as the owners if the property were to be purchased in the cash park fee manner. Enger said Staff would request the Dell Road as well as the park issue be resolved prior to 2nd Reading of the Ordinance. Penzel asked why Lochanburn is not connected to Hidden Glen, Enger said there is a steep hill and poor site connections in that location; it would also create a lot of additional traffic through the Lochanburn neighborhood. Tangen said he felt the water from Lochanburn will go into the backyards of two of the lots in the Hidden Glen neighborhood.if the through street were to be eliminated. He said he thinks internal circulation between neighborhoods is important and he would like to see the connection made. Enger said the proponent is willing to make the connection if the City wants it. Anderson said stop signs might be used to slow down traffic. Feerick noted the Lochanburn residents do not want the connection. Anderson asked about routes residents would take to get to the park. Lambert outlined the location of proposed sidewalks in the area, Stan Riegert, 6611 Lochanburn, said he is against the street connection. He said he felt more neighbors would have come to the meeting but they thought the issue had been resolved, Tangen said at the hearing on the Dellwood proposal he had expressed concerns similar to those which he expressed this evening. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 22-83 for rezoning, Motion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-129, approving the preliminary plat of Hidden Glen for R. M. Feerick & Associates. Tangen stated he could not support the approval of the preliminary plat without the addition of the road connection. AMENDMENT TO MOTION: Tangen moved, seconded by Redpath, to connect Lochanburn Road to the Hidden Glen subdivision, City Council Minutes -6- June 7, 1983 Tangen said this action would eliminate a slough in someone's backyard. He did not feel the Council should react to neighborhood pressure since there were valid reasons as to why the connection should be made. Redpath said he felt connections should be made between neighborhoods also. Anderson said he he could probably go along with this except for the fact that the Lochanburn residents had spoken against the connection during the Public Hearing on the Dellwood proposal. He said he would like to see the matter reviewed by the Public Safety and Engineering Departments for their input in regard to site distance and drainage problems prior to 2nd Reading. AMENDMENT TO MOTION WITHDRAWN with approval of Tangen and Redpath, AMENDMENT TO MOTION: Redpath moved, seconded by Anderson, to refer the issue of the connection of Lochanburn Road to the Hidden Glen subdivision to the Public Safety, Engineering, and Planning Departments for their review prior to 2nd Reading, Amendment carried unanimously, VOTE ON MOTION AS AMENDED: Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to draft the Developer's Agreement subject to the recommendations included in the May 6, 1983, Staff Report, the recommendations of the Planning Commission and the Parks, Recreation & Natural Resources Commission, and the City Council; and allowing for input on the Lochanburn Road question as well as resolution of the park issue by Staff, Motion carried unanimously. B. NORTHMARK 4TH ADDITION by Hans Hagen Homes, Request for zoning amendment and Planned Unit Development District approval of five acres for multiple residential land use; Resolution No, 83-131 approving preliminary plat of five acres for 32 townhouse units. Location , west of Center Way, north of Nesbitt Preserve Park, (Resolution No, 83-131 - preliminary plat) Councilman Bentley noted he would abstain from discussion/action on this item. City Manager Jullie stated notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Hans Hagen, developer, addressed the proposal, Planning Director Enger stated the Planning Commission had reviewed this request at its May 9, 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the May 6, 1983. Staff Report. There was no report from the Parks, Recreation & Natural Resources Commis- sion. There were no comments from the audience, MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No, 83-131, approving the preliminary plat of Northmark 4th Addition for Hans Hagen Homes. Motion carried with Bentley abstaining. ing City Council Minutes -7- June 7, 1983 C. EDENVALE 17TH ADDITION by Equitable Life Assurance. Request for Planned Unit Development District Review; 1st Reading of Ordinance No. 24-83, rezoning from Rural to RM 6.5; Resolution No. 83-130, approving Preliminary Plat of 9.77 acres for medium density residential use for 21 duplex lots, or 42 units. Location: north of Edenvale Boulevard, south of Birch Island Road. (Ordinance No. 24-83 - rezoning, Resolution No. 83.130 - preliminary plat) City Manager Jullie noted that notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Francis Hagen, Westwood Planning and Engineering, addressed the proposal. He stated they would also like to have the preliminary grading plan approved now as the excess dirt from Edenvale Boulevard could be used in areas where they need fill. Planning Director Enger said this request had been reviewed by the Planning Commission at its May 9, 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the May 6, 1983, Staff Report as well as the additions as noted in the Planning Commission Minutes. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had voted to recommend approval at its meeting on May 16, 1983, subject to the recommendations included in the Staff Report of May 6, 1983. Penzel asked what the buildings would look like, Hagen said he did not have any pictures available. John Lassen, Edenvale representative, said • Dick Hipp would be the builder. Bentley asked about the alignment of the roads, Enger said the intersection was off-set 125' due to a topographic feature and was done so traffic would go onto Edenvale Boulevard rather than using the interior street system. Anderson asked about the general transportation system. Director of Public Works Dietz said Edenvale Boulevard will connect to County Road 67, Anderson asked how these people will get to Forest Hills Park, Lambert said the road system should be completed by the time there are residents, Penzel expressed hope that the facades of the homes will be treated in a less monotonous manner than those previously built. Penzel asked if there is any way in which the railroad crossing issue can be accelerated, City Attorney Pauly said the City does have the right of eminent domain. Penzel suggested the City take the appropriate action with the railroad. Harry Picha, 6649 Birch Island Road, said he would like to have an easement for sanitary sewer, water and other utilities. Staff will work on the Picha drainage problem via the Developer's Agreement, Lassen noted that work will be done on a pathway system to get residents to the parks. 12710 City Council Minutes -8- June 7, 1983 Albert Picha, 6525 Birch Island Road, questioned the storm sewer. Hagen noted the developer will not be allowed to trap water. Staff will be asked to note this condition in the Developer's Agreement. MOTION: Anderson moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 24-83 for rezoning. Motion carr i e d unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No, 83- 1 3 0 , approving the preliminary plat of Edenvale 17th Addition for Equitable Li f e Assurance. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to draft the Developer's Agreement taking into consideration the recommendations of the Staff Report of May 6, 1983, the recommendations of the Planning Commi s . sion and the Parks, Recreation & Natural Resources Commission, and the resolution of the drainage problem and the appropriate deposition of surpl u s materials generated by Edenvale Boulevard road project, Motion carried un a n i - mously. V. PAYMENT OF CLAIMS NOS. 7652 - 7996 MOTION: Tangen moved, seconded by Redpath, to approve the Payment of Clai m s Nos. 7652 - 7996, Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye," Motion carried unanimously. VI, REPORTS OF ADVISORY COMMISSIONS A, Human Rights & Services Commission - Recommendation for Special Assessment Deferral for the handicapped and elderly City Manager Jullie referred to Human Services Coordinator Flynn's memora n d u m of June 3, 1983, in which the recommendations were addressed. City Attorney Pauly said he would recommend the Council to direct Staff to prepare and revise the City Code appropriately, MOTION: Redpath moved, seconded by Bentley, to direct Staff to prepare an amendment to the City Code and to revise Resolution No, 82-204 as per Human Services Coordinator Flynn's memorandum of June 3, 1983, Motion carried unanimously, VII. PETITIONS, REQUESTS & COMMUNICATIONS A. TERRY DOUGLAS. Request for Steep Slope Grading Review, pursuant to Section 11.60 of WiT"City Code, Location: north of US 169 west of Eden Prairie Road in the Minnesota River Bluff's area, City Council Minutes -9- June 7, 1983 Director of Planning Enger reviewed the request and showed slides of the grading which had been done prior to the time when Douglas became aware of the provision of the Code regarding slopes. Enger noted the watershed district had not been contacted by Douglas either. Enger stated Douglas had complied with the stop order which had been issued and had applied for the necessary permits and had installed the requested means to control erosion (straw check bands). Enger said the Planning Commission had voted to recommend approval of the Douglas driveway grading permit as per the Planning Staff Report of May 20, 1983. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this request and had expressed concern about the view from TH 169 rather than that from the river bottom and the ability to control erosion. Lambert reported the Commission had recommended immediate improvements be made to the road as per the Planning Staff Report provided that is a temporary road until Beverly Drive is extended to the Douglas property at which time the road would be returned to its natural state. Bentley felt there should not be any single family driveways along TH 169; additional access could be made available he thought. He asked if any citation notices were considered. Jullie said this was the first application of this new ordinance and he thought Douglas should be brought through the process. Jullie felt Douglas had responded well. Redpath said he has been on the road which Douglas now uses and for which he only has an easement; it leaves much to be desired. Bentley said Beverly Drive is very close to the north edge of Douglas' property. Anderson said Bloomington has done much to protect the slopes within that city; he is appalled that something like this has happened since so much ground work has been done by the City of Eden Prairie to prevent this sort of thing. He asked what might be done to prevent this from happening. City Attorney Pauly said the City can charge Douglas with a violation of the City Code which is a misdemeanor or a civil action can be brought via an injunc- tion seeking an order for restoration and prohibition against any further grading and cutting of the slopes. Pauly noted there is a time problem with this; a civil action might be more rapid than a criminal complaint. Penzel said it appeared to him there were two problems which needed to be resolved: resolving the problem as it presently is and how to address the prevention of potential additional damage and secondly, what to do about the proper enforcement of the Code. Anderson said he would like to see the road restored. Redpath concurred. Lambert noted that Douglas had said he would need to have access 85% of the way down the road because he keeps beehives there and must get to them with a truck. Anderson noted the beehives could be put elsewhere. Lambert said Douglas had never heard of the Slope Ordinance. When Douglas applied for his building permit a few years ago, he was told he would have to have access from TH 169. 127g, City Council Minutes -10- June 7, 1983 Penzel said he could not see the practicality of having the driveway removed a year or two from now. Tangen said he would like to see the Council accept the recommendation of the Parks, Recreation & Natural Resources Commission and to obtain a written agreement from Douglas as to the conditions. If Douglas would not agree to conditions, then a citation should be issued. Anderson said he agreed with Penzel about the practicality of the matter. He said he felt the City had an obligation to help Douglas find a way to get to his property. There was a discussion of erosion problems with sandy soils. MOTION: Anderson moved, seconded by Tangen, to give Douglas the opportunity to restore the road to its previous state or to work with the City to find an alternate route to his property; action on the land alteration permit is continued to July 5, 1983. Motion carried unanimously. VIII. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members 1. Violations of Grading Permits Anderson said the City must find a means to have areas which are graded restored; developers should be made accountable for the grading they do. City Attorney Pauly said language would have to be added to each Ordinance which specifically addresses grading. Planning Director Enger said one of the penalties for removing trees might be having them replaced caliper inch for caliper inch, Bentley said the City is going to have to start enforcing its regulations and to be known as a community in which this is done. Redpath asked if the City now licenses excavators and, if not, can this be done. Pauly said it is a matter of charginlithem with the Ordinances we already have -- aggressive enforcement will do it. There was discussion on the situation to which the Leesborough and Man- chester residents have complained. MOTION: Anderson moved, seconded by Tangen,to instruct Staff to develop the means to enforce the City's Ordinances and to provide for the penalties when the violations are committed. Motion carried unanimously. 2. Lake Use Policy Anderson indicated Riley, Bryant and Staring Lakes are in need of controls. MOTION: Anderson moved, seconded by Bentley, to direct the Parks, Recre- ation & Natural Resources Commission to review regulations for Riley, Bryant and Staring Lakes. Motion carried unanimously. P7q City Council Minutes -11- June 7, 1983 B. Report of City Manager 1. Discussion on IRB Reserve Funds, SBA 503 Loan Program, Port Authority, and Minnesota Star City Designation City Manager Jullie referred to his memorandum of June 2, 1983, in which these issues were addressed. He introduced Bob Hanson and Glenn Keitel, members of the Development Commission, and Bill McGrann and Jim O'Meara, O'Connor & Hannan, who were present. Jullie noted that these are tools to provide a stimulus for commercial and industrial development. He stated the Development Commission has been reviewing reserve system proposals and would recommend proceeding with the Reserve System proposal. MOTION: Bentley moved, seconded by Redpath, to direct Staff, with the assistance of O'Connor & Hannan, to prepare a request and advertise for proposals to set up and manage an IRB Reserve System; thereafter, the step-by-step procedure for establishing the system can be followed as the Council deems appropriate. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to visit with local bankers and encourage them to participate in the U.S. Small Business Administration (SBA) Loan Program.and to use the State Develop- ment Company in lieu of creating City staff for this purpose. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to continue to pursue permissive legislation at the next session of the State Legis- lature to create a Port Authority. McGrann noted it is no longer advantageous to have Port Authority legis- lation -- Plymouth received it and hopes to set up a free trade zone -- as there are other methods presently available for cities for creative financing. VOTE ON THE MOTION: Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to pursue the goals and strategies of the Minnesota Star Cities Program. Bentley said this program, in order to be effective, would need a full- time staff person to direct it. Penzel said the Council should consider creating the position of Assistant City Manager; this person could be used to support these programs. Bob Hanson, Development Commission, said he would support the Council's action. He noted that things happen because people are there to make them happen. Programs such as the Star Cities Program can insure things happen. VOTE ON MOTION: Motion carried unanimously 1.22S City Council Minutes -12- June 7, 1983 MOTION: Tangen moved, seconded by Redpath, to request that City Manager Jullie include the oosition of Assistant City Manager in the 1984 City Budget. Motion carried unanimously. Bentley said the Development Commission is to be commended for the work it has done; O'Connor & Hannan is to be included. 2. Ordinance No. 25-83, amending Cable TV Ordinance No. 80-33 setting, forth a description of the facilities to be provided by grantee; modifying the initial service area; amending the line extension policy of grantee; prescribing installation charges as set forth herein; and amending the exhibits. MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to Ordinance No. 25-83. Motion carried unanimously. 3. Award contract for LaVonne Industrial Park, I.C. 52-048 (Resolution No. 83-115) -- formerly III. E. Redpath said he would like to have some answers for the people who live on Leesborough and Manchester; who is to be the watchdog for the grading that is taking place on the LaVonne Industrial Park site. City Manager Jullie reviewed the points to be included in a letter to the City from Undestad, the developer. He noted that the residents would feel better if they could be assured that there would be land- scaping. MOTION: Tangen moved, seconded by Bentley, to adopt Resolution No. 83-115, awarding the contract for LaVonne Industrial Park, I.C. 52-048, subject to the receipt of a bond by Undestad Development; to request a restoration plan with trees being replaced on a caliper inch for caliper inch basis; and to have a report on the progress of this at the June 21, 1983, meeting of the City Council. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. C. Report of City Attorney City Attorney Pauly reviewed what his discussions were with the State Attorney General's representative and the State Veterinarian's Society regarding the MacCharles' request for a mobile veterinary clinic. It was determined the City would still request a peddler's license. Pauly reported on a recent Supreme Court decision regarding the con- demnation of property for park purposes. Pauly reviewed the principles involved in building permits on parcels of less than five acres. He also referred to a memorandum of 1981. He noted the principles: 1) the landowner does not have an absolute right to a building permit for a parcel of less than five acres prior to 1969; 2) the City has the authority to deny issuance of a building permit unless he can show he is being deprived of all reasonable use of the property. City Council Minutes -13- June 7, 1983 Pauly noted the process to be used in appealing a decision: the Board of Appeals would review the appeal before it would go to the City Council where the Council would then have to have "findings of fact." Penzel asked if it would be advisable for the Board of Appeals to have legal counsel. MOTION: Bentley moved, seconded by Anderson, to direct Staff to provide legal counsel to the Board of Appeals. Motion carried unanimously. D. Report of Director fo Community Services 1. Request permission to prepare plans and specifications and receive bids for Staring Lake Park Trail - Phase I Director of Community Services Lambert noted this will complete a two-mile trail. MOTION: Tangen moved, seconded by Redpath, to authorize permission to prepare plans and specifications and receive bids for Staring Lake Park Trail - Phase I. Motion carried unanimously. 2. Staring Lake Park Trail Easement Agreement Director of Community Services Lambert referred to his memorandum of June 2, 1983, in which he addressed the agreement. He noted the Vo- Tech wishes the easement to be for a 10-year period only. • MOTION: Tangen moved, seconded by Redpath, to direct Staff to corres- pond to Independent School District 287 the City's objections to the agreement and to continue negotiations for a minimum lease period of 20 years. Motion carried unanimously. IX. NEW BUSINESS There was none. X. ADJOURNMENT MOTION: Tangen moved, seconded by Bentley, to adjourn the meeting at 11:35 p.m. Motion carried unanimously.. Licensting CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST July 5, 1983 CONTRACTOR (1 & 2 FAMILY) Dolphin Pool & Patio Johnson-Reiland Construction, Inc. Wandrei Construction PLUMBING Ken Boutin Plumbing Podany Plumbing HEATING & VENTILATING Riccar Heating & Ventilating SOLICITOR Seyed Mehdi Mosavat (Ice Cream Truck) TYPE 8 FOOD Seyed Mehdi Mosavat TEMPORARY BEER Eden Prairie Baseball Association VENDING Coca Cola Bottling Co. These licenses have been approved by the department heads responsible for the licensed activity. 1g9r) 122'7' CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 29-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE iONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS IHE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the RM-6.5 District and be placed in the R1-13.5 District, Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. • Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. 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_____ of , and finally read and adopted and ordered publishedat 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 Cardinal Creek 3rd CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-160 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 29-83 AND ORDERING THE PUBLICATION Of SAID SUMMARY WHEREAS, Ordinance No. 29-83 was adopted and ordered publish e d a t a r e g u l a r meeting of the City Council of the City of Eden Prairie o n t h e day of , 1983; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C I T Y O F E D E N PRAIRIE: A. That the text of the summary of Ordinance No. 29-83, wh i c h i s attached hereto, is approved, and the City Council finds tha t s a i d text clearly informs the public of the intent and effect o f s a i d ordinance. B. That said text shall be published once in the Eden Prairie Ne w s i n a body type no smaller than brevier or eight-point type, as def i n e d i n Minn. Stat. sec. 331.07. • C. That a printed copy of the Ordinance shall be made availa b l e f o r Inspection by any person during regular office hours at the o f f i c e of the City Clerk and a copy of the entire text of the Ordi n a n c e shall be posted in the City Hall. D. That Ordinance No. 29-83 shall be recorded in the ordinance b o o k , along with proof of publication required by paragraph B h e r e i n , within 20 days after said publication. ADOPTED by the City Council on , 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk r19 Cardinal Creek 3rd ( ,ne following is the full text of the City of Eden Prairie Ordinance No. 29-83, Aich 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 Sect-ion 5 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 29-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE /MING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the RM-6.5 District and be placed in the R1-13.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the R1-13.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 1290 Exhibit A Hgal Description Lot 1, Block 1 and Lot 17, Block 2, Cardinal Creek 3rd Addition, Hennepin County, Minnesota July 5, 1983 . CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-155 A RESOLUTION APPROVING FINAL PLAT OF BRY4NT LAKE OFFICE TECH CENTER WHEREAS, the plat of Bryant Lake Office Tech C e n t e l " has •been sub- mitted in the manner required for platting la n d ' o l d e r t h e E d e n P r a i r i e O r d i n a n c e Code and under Chapter 462 of the Minnesota Statutes and a l l p r o c e e d i n g s have been. duly had thereunder, and WHEREAS,, said plat is in all respects consis t e n t w i t h t h e C i t y p l a n a n d the regulations and requirements of the laws of the State of Minnesota and o r d i n - ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C O W I L O F T H E C I T Y O F -EDEN PRAIRIE: A. Plat Approval Request for Bryant Lake Office T e c h C e n t e r i s a p p r o v e d . upon compliance with the recommendation o f t h e C i t y E n g i n e e r ' s Report on this plat dated June 15, 1983. ••• B. That the City Clerk is hereby directed to f i l e a c e r t i f i e d c o p y o f this resolution in the office of the Registe r o f D e e d a n d / o r R e g i s - trar of Titles for their use as required by NSA 462.358, Subd. 3. • C. That the City Clerk is hereby directed to su p p l y a certified copy of this Resolution to the owners and subdivid e r s o f t h e a b o v e n a m e d plat. D. That the Mayor and City Manager are hereby a u t h o r i z e d t o E x e c u t e . the certificate of approval on behalf of th e C i t y C o u n c i l u p o n c o m - pliance with the foregoing provisions. ADOPTED by the City Council on July 5, 1983 ; Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE ENGINEERING REPORT ON FINAL PLAT TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager FROM: David L. Olson, Engineering Technician DATE: June 15, 1983 SUBJECT: BRYANT LAKE OFFICE TECH CENTER PROPOSAL: The developer, Welsh Construction, Inc., has requested City Council approval of the final plat of Bryant Lake Office Tech Center an 1-2 Industrial Park development located east of Market Place Drive and south of Valley View Road in the South ;re Section 11. The site contains approximately 10.8 acres to be divided into 4 lots designated 1-2 Park and I Outlot, to be developed at a later date with ownership retained by the developer. This division is a replat of Outlot C and part of Outlot B, Bryant Lake Center. HISTORY: The preliminary plat was approved by the City Council on May 17, 1983, per Resolution 83-108. Zoning to 1-2 Industrial Park (Ordinance 20-83) is scheduled for final reading by the Council on July 5, 1983. The Developer's Agreement referred to within this report is scheduled for execution on July 5, 1983. VARIANCES: All variance requests not covered within the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: Public utilities and streets within this site will be installed by the developer in conformance with the requirements of the Developer's Agreement and City Standards. All utilities to be privately owned and maintained must be reviewed and approved by the Building Department. An agreement covering tenant responsibilities for maintenance of the private utility system must be submitted prior to release of the final plat. An additional easement for the maintenance of the watermain system between lots 2 and 3 may be necessary and must be resolved prior to release of the final plat. Pg. 2 Final Plat of Bryant Lake Office Tech Center PARK DEDICATION: The requirements for park dedication are covered in t h e D e v e l o p e r ' s Agreement. BONDING: The requirements for bonding are covered in the Deve l o p e r ' s A g r e e m e n t . RECOMMENDATION: Recommend approval of the final plat of Bryant Lake O f f i c e T e c h Center subject to the requirements of this report, t h e D e v e l o p e r ' s Agreement and the following: 1. Receipt of fee for City Engineering in the amount of $150.00. 2. Receipt of cash fee for street lighting in the amoun t of $451.80. 3. Satisfaction of Bonding requirements. 4. Satisfaction of easement requirements. 5. Execution of the Developer's Agreement. 6. Second reading of Ordinance 20-83. DLO:sg I lgS CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-156 A RESOLUTION APPROVING FINAL PLAT OF EIXNVALE.17th ADDITION • July 5, 1983. WHEREAS, the plat of Edenvale 17th Addition has beensub- mitted in the manner required for platting land wider the Eden Prairie Or d i n a n c e Code and under Chapter 462 of the Minnesota Statutes and all proceedings h a v e b e e n 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 a n d o r d i n - ances of the City of Eden Prairie. NOW, THEREFORE, BE.1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF .EDEN PRAIRIE: A. Plat Approval Request for Edenvale 17th Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated June 15, 1983. 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 NSA 462.358, Subd. 3. C. 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 July 5, 1983:- TETTTang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 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 Q ipea DATE: June 15, 1983 SUBJECT: EDENVALE 17th ADDITION PROPOSAL: The developer, Equitable Life Assurance Society, has requested City Council approval of the final plat of Edenvale 17th Addition, located north of Edenvale Boulevard and south of Birch Island Road In the South%of Section 4. This development is a replat of Outlot B, Edenvale 3rd Addition containing approximately 9.8 acres and Is to be divided into 21 lots for duplexes. • HISTORY: The preliminary plat was approved by the City Council on June 7, 1983, per Resolution 83-130. Final reading of Ordinance 24-83 rezoning the property to RN 6.5 is scheduled for July 5, 1983. The Developer's Agreement referred to within this report is scheduled for execution on July 5, 1983. VARIANCES: All variance requests not covered within the Developer's Agreement must be processed through the Board of Appeals. UTILITIES AND STREETS: Public utilities and streets within this site will be installed by the developer in conformance with the requirements of the Developer's Agreement and City Standards. Additional drainage and utility easements will be necessary to cover the ponding area and storm sewer located in the southwesterly portion of the site. This easement must be shown on the final plat prior to release. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. OM, Pg. 2, Final Plat Edenvale 17th Addition 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 Edenvale 17th Addition subject to the requirements of this report, the Developer's Agreeme n t and the following: 1. Receipt of fee for City Engineering in the.amount of $630.00. 2. Receipt of fee for street lighting in the amount of $1,807.20. 3. Satisfaction of Bonding requirements. 4. Satisfaction of additional easement requirements. 5. Execution of the Developer's Agreement.- 6. Second reading of Ordinance 24-83. DLO:sg a.c11_ July 5, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-154 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS I WHEREAS, the City Engineer; through:Rieke, Carroll, and Muller has prepared plans and specifications for the following improvements to wit: I.C. 52-043, streets and Utilities in Rymarland Camp 3rd Addition. 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 Tuesday, July 19, 1983, and considered by the Council at 7:30 o'clock P.M. on Tuesday, 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 July 5, 1983. ATTEST: Wolfgang H. Penzel, Mayor SEAL John D.Jrane, Clerk. wig - July 5, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-154 ' RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, the City Engineer; through Rieke, Carroll, and Muller has prepared plans and specifications for the following improvements to wit: I.C. 52-043, streets and utilities in Rymarland Camp 3rd Addition. 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 specification, 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 Tuesday, July 19, 1983, and considered by the Council at 7:30 o'clock P.M. on Tuesday, 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 July 5, 1983. Ublfgang H. Penzel, Mayor ATTEST: SEAL John D..Frane, Clerk. BEET PLANNING TRANSPORTATION ENGINEERING ARCHITECTURE BENNETT. RiNGROSE. WOLSEELD, JAW'S. GARDNER. INC.• 2525 UNIVERSITY AVENUE SE • MINNEAPOLIS. MN 55414 • PHONE •15370411,5 July 1, 1983 Gene Dietz Public Works Director City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 RE: Construction Bids Improvement Contract 51-308C (Valley View Road - 1494 Interchange) Dear Mr. Dietz: Bids were received and opened at 10:00 a.m. on Thursday, June 30, 1983, on the above referenced project. The bids were as follows: Contractor Bid Amount Shafer Contracting Company S3,152,064.95 Arcon Construction Company, Inc. $3,296,638.85 Park Construction Company $3,742,389.63 The final engineer's estimate was $3,058,945. The feasibility report esti- mate for the project was $3,133,600. It Is recommended that the Council award Improvement Contract 51-308C to Shafer Contracting Company, Inc. In the amount of $3,152,064.95. Shafer Contracting Company, Inc. Is a reputable contractor capable of performing the work specified. Sincerely, BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. Gary Erickson, P.E. GJE/da File 21-8301 21-8302 MINNEAPOLIS DINAR CHEYENNE PHOON5 1300 • CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION h0. 83-148 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids fo r t h e f o l l o w i n g i m p r o v e m e n t s : I .C. 51-308C, Valley View Road - 1494 Interchange bids were received, opened and tabulated accordi n g t o l a w . T h o s e b i d s r e c e i v e d are shown on the attached Summary of Bids; and, WHEREAS, the City Engineer recommends award of c o n t r a c t t o : Shafer Contracting Company, Inc. as the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED by the Eden Prair i e C i t y C o u n c i l a s f o l l o w s : The Mayor and City Manager are hereby authorized a n d d i r e c t e d t o e n t e r i n t o a contract with Shafer Contracting Company, Inc. I n t h e n a m e o f t h e C i t y o f Eden Prairie In the amount of $3,152,064.95 In a c c o r d a n c e w i t h t h e p l a n s and specifications thereof approved by the Counc i l a n d o n f i l e I n t h e o f f i c e of the City Engineer. ADOPTED by the Eden Prairie City Council on July 5 , 1 9 8 3 . Wolfgang H. Penzel, Mayor ATTEST: John D, Frane, Clerk SEAL: S i riven; ly, Paul Strand Assistant Treasurer CC. <-112. cSito, 2. F% : a -0/0 MTS MTS SYSTEMS CORPORATION BOX 24012, MINNEAPOLIS, MINNESOTA 55424 TELEPHONE •124137.4000 TELEX 20.0521 MTSSYSTENI ENPE 18 May 1983 City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Attention Mr. Gene Dietz, City Engineer We confirm our agreement of yesterday afternoon regarding the area around the pond north of Technology Drive, on MTS property, under easement to the City. 1. Steve Calhoun, City Park Department, will design the area with a path north of the pond and appropriate trees, shrubs, and prairie grass. 2. I will review his plans. 3. Gene Dietz will negotiate with the contractor to amend the project contract to include this improvement in the project. 4. MTS will pay for the improvement as part of its assessment for the project. My understanding is that the additional cost will not exceed $10,000 and that we will have an opportunity to review costs before construction is authorized. Thank you for your cooperation in this project. ji CONTRACT AMENDMENT KO. 1 TO CONSTRUCTION CONTRACT FOR IMPROVEMENT CONTRACT 51-010 A -C and E MITCHELL ROAD AND TECHNOLOGY DRIVE CITY OF EDEN PRAIRIE, MINNESOTA JUNE, 1983 BENNETT-RINGROSE-WOLSFELD-JARVIS-GARDNER, INC. 2829 University Avenue Southeast Minneapolis, Minnesota 55414 The City has decided to add the following work to the contract for thi s p r o j e c t : SCHEDULE B (I.C. 52-010C) TECHNOLOGY DRIVE Estimated Item No.. Item Unit Quantity Unit Price Amount 1. Pond Landscaping L.S. Original Contract Amount Total Previous Change Orders Total Additions Contract Amendment 11 Subtotal Total Deductions Contract Amendment 11 Contract Amount to Date 1 $8,500.00 $8,500.00 $1,571,081.05 0 $ 8,500.00 $1,579,581.05 0 $1,579,581.05 Location of Work The above itemized work Is located on Technology Drive north of stat i o n s 5 0 + 0 0 to 65+00. Description and Necessity for Amendment Schedule B (Additions) The work shall consist of seeding, fertilizing, mulching, and disc a n c h o r i n g approximately 9.2 acres adjacent to Pond C with the grass species an d r a t e s recommended by the City's Park Department. The work shall also Incl u d e a n 8-foot wide pedestrian bridge and an 8 foot wide agg-lime pathway a r o u n d t h e pond, with a spur path to the MIS main entrance, as shown on the la y o u t p r e p a r e d by the Park Department. The work was requested by the abutting proper t y o w n e r to enhance the area around the pond and has been approved by the Pa r k Department. Contractor: Progressive Contracting, Inc. Title Engineer: Bennett-Ringrose-Wolsfeld-Jarvis-Gardner, Inc. Title City of Eden Prairie: City Engineer Date Date 1304 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO, 83-149 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS : July 5, 1983 WHEREAS, the City Engineer, through: Rieke, Ca r r o l l a n d M u l l e r has prepared plans and specifications for the f o l l o w i n g i m p r o v e m e n t s t o wit: I.C. 52-052, watermain improvements on Co. Rd. 6 7 and has presented such plans and specificatio n s t o t h e C o u n c i l f o r a p p r o v a l . NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO U N C I L O F T H E C I T Y OF EDEN PRAIRIE: 1. Such plans and specifications, a copy of which is on file for public inspection in the City Engineer's o f f i c e . 2. The City Clerk shall prepare and cause to be i n s e r t e d i n the official paper and in the Construction Bu l l e t i n a n advertisement for bids upon the making of su c h i m p r o v e m e n t under such approved plans and specifications. T h e a d v e r - tisement shall be published for 2 week(s), sha l l s p e c i f y the work to be done, shall state that bids sha l l b e o p e n e d at 10:00 o'clock A.M. on Thursday, July 28, 1 9 8 3 , a n d considered by the Council at 7:30 o'clock P. M . o n T u e s d a y . August 2, 1983, in the Council Chambers of t h e C i t y H a l l , and that no bids will be considered unless sea l e d a n d filed with the Clerk and accompanied by a cash d e p o s i t , cashier's check, bid bond or certified check p a y a b l e t o the City for 5% (percent) of the amount of suc h b i d . ADOPTED by the Eden Prairie City Council on A l y 5 , 1 9 8 3 . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 1;0C.) Original Contract Amount $ 979,893.09 Total Previous Contract Amendments $ 67,732.47 Contract Amendment No. 4 (Increase) 2,838.00 Contract Amount to Date $1,050,463.56 Page 1 of 2 CONTRACT AMENDMENT NO. 4 TO CONSTRUCTION CONTRACT FOR I.C. 152-025 CITY WEST PARKWAY CITY Of EDEN PRAIRIE, MINNESOTA JULY, 1982 ' Bennett-RIngrose-Wolsfeld-Jarvis-Gardner, Inc. 2829 University Avenue Southeast .Minneapolis, Minnesota 55414 The City has agreed to amend the contract for this project as follows: ADDITIONS Item Estimated Unit No. Item Unit Quantity Price Amount 52/ 2575.505 Sodding SY 7438.00 $ 2.10 $15,619.80 Total Additions $15,619.80 DELETIONS Item Estimated Unit No. Item Unit Quantity Price Amount 6/ Haul & Spread Sal- 2103.535 vaged Topsoil (LV) CV 2000.00 $ 1.40 $ 2,800.00 51/ 2575.501 Roadside Seeding AC 3.00 $250.00 $ 750.00 52/ 2575.505 Sodding SY 7438.00 $ 1.10 $ 8,181.80 53/ Mulch Material 2575.511 Type I TON 6.00 $125.00 $ 750.00 55/ 2575.519 Disc Anchoring AC 3.00 $100.00 $ 300.00 Total Deletions $12,781.80 Net Change to Contract +$ 2,838.00 Description and Location of Work The above itemized work is located on City West Parkway and the adjoining pro- perty bounded by County Road 61 (Shady Oak Road) and Trunk Highway 169. Necessity for Amendments Contract Items Nos. 6 and 52: Trees placed at 50 feet spacings throughout the project on both sides of the roadway and In the project median by the developer substantially increased the difficulty of spreading topsoil, requiring greater labor costs. The majority of hauling and spreading of topsoil shall be removed from the earthwork operation and added to the landscaping operation at the agreed to increased price. The landscaper shall provide and spread all topsoil required prior to sodding. Contract Item Nos. 51, 53 and 55: These Items shall be reduced by the deleted amounts due to the developer's desire to sod the areas with his own forces. CONTRACTOR: Barbarossa and Sons DATE: ENGINEER: Bennett-Ringrose-Wolsfeld-Jarvis-Gardner, Inc. DATE: CITY OF EDEN PRAIRIE CITY ENGINEER: DATE: Page 2 of 2 InterDesign Inc. ___ Arkay Construction Company._ City .of_Eden_P.rairle.____ _ A-1 14486 c1iNillow Street 620 No. Highway__18, Suite_189._ CCM RACE OR OWNER — _ Adders Addles A Minneapolis, Minneso.,t4 55403,.., MingelpSii, Minnow( 427'_ ---1, City_Hall,_8950._Eden Plairie Eden Prairie Minnesota 55344 . 1 —Tiobeit -Laribat DA1C June 50 , 1983 -T BY claidt — Eugene Dietz fr...A130 1983 DATE 1983 CHANGE ORDER MA DOCUMENT G701 OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: EDEN PRAIRIE CITY SERVICES CHANGE ORDER NUMBER: 8 (name, address) City of Eden Prairie -,- City Hall TO (Contractor) E99 d11 klaI rrtiel;r rAge 5gs4 1- ARKAY CONSTRUCTION COMPANY 620 North County Road 18, Suite 189 Minneapolis, Minnesota 55427 CONTRACT DATE: June 29, 1982 ARCHITECT'S PROJECT NO: 475.1 CONTRACT FOR: $2,345,300.00 You are directed to make the following changes in this Contract: 1. Add 6" concrete slabs at gas tanks at pump island. Change Request No. 24 t $3,860.00 Arkay letters: 3 June 1983, item No. 1 11 March 1983 and 22 Nov. 1 2. Install core water flow indicators — Change Request No. 57, Horwitz' letter 20 April 1983. + 200.00 3. Burnished block finish — credit for second coat. Arkay letter 20 May 1983; Commercial Finishes letter 3 May 1983 — 331.00 4. Change drop stair @ Public Safety Building, Change Request No. 80, Arkay letter 22 April 1983, item number 3. 1,109.00 5. Add a 4" asphalt lift at Public Safety Fuel tank, Change Request No.84 + 151.00 Arkay letter of 18 March 1983. 6. Install a return air duct @ Public Safety lobby — Change Request No.85 + 606.00 Arkay letter of 6 April 1983; Horwitz letter of 1 April 1983; arid LWSM Inc. letter of 14 Feb. 1983. 7. Install fire dampers at rooms M-4 and M-5, Maintenance Building + 1,631.00 Change Request No. 86 — Arkay letter 3 June 1983 and Horwitz letter 2 June 1983. 8. Extra plastic laminate work @ Public Safety Squad Room & Projection + 1,449.00 Room — Arkay letter 22 April 1983, item no. 5; Heebink invoice 4/22/83; InterDesign letter 11 April 1983. (continued) -- The original Contract Sum was S 2 345 300 00 Net change by previous Change Orders 1 67,919.00 The Contract Sum poor to this Change Order was S. 2,413,219.00 The Contract Sum will be (increased) AdDoexotrakxxtrODeXrt* by this Change Order . . $ 18,993.00 The new Contract Sum includrng this Change Order will be $ 2,432,212.00 The Contract Time will be teoczKxxoNtckrxxxxlidunchanged) by ) Days. The Date of Completion as of the date of this Change Order therefore is AIA DOCIJAIINI G701 • 011M.1 5 ,K11(1n • Antis 1970 WIWI% • 41 ,. • 9' IVO • left sct u1A\\ IN51111i1l Of ACC lilliC Is MW YORK AVI MS. I% C 71.1006 •n•n •‘1 ON( PAGE Page 2 Change Order - Eden Prairie City Services (continued): 9. Install hose reel at Public Safety Garage, Change Request No. 88. Arkay letter 22 April 1983, item No. 6. 10. Provide furring at Squad Room cabinets, Change Request No. 89. Arkay letter 22 April 1983, item No. 7 Heebink invoice 4/22/83. 11. Add an air drop in transmission overhaul, Change Request No. 90. Arkay letter 22 April 1983, item No. 8; Horwitz letter of 20 April 1983, item no. 5. $ 869.00 + 895.00 + 220.00 12. Provide a detection alarm at Public Safety Bldg., Change Request No. 91. + 318.00 Arkay letter 22 April 1983, item No. 9, 13. Provide locks at evidence cabinets, Change Request No. 92. + 387.00 Arkay letter 22 April 1983, item No. 10. 14. Install pipe bollards at Public Safety gas meter, Change Request No. 93. + 466.00 Arkay letter 22 April 1983, item no. 11. 15. Reposition the washroom at Maintenance Building, Change Request No. 94. + 253 .00 Arkay letter 27 April 1983. 16. Add condensate proof thermostat at washbay, Change Request No. 96. + 182.00 Arkay letter 22 April 1983; Horwitz letter 14 April 1983, 17. Change water supply to hose reels, Change Request No. 97. + 109.00 Arkay letter 22 April 1983, item No. 1; Horwitz letter 20 April 1983, items no. 1 and no. 2. 18. Provide exhaust at Public Safety kitchen range and move welding drops at Porch + , 824.00 & Rev. Shop, Change Request No. 98. Arkay letter 3 June 1983 , item No. 9, Horwitz letter 2 June 1983. 19. Move air drop in Room M-6A, Change Request No. 100. + 43.00 Arkay letter 22 April 1983, item no. 4; Horwitz letter 20 April 1983, item no. 6. 20. Change in sink sizes, Public Safety Bldg., Change Request No. 101 + 23000 Arkay letter 22 April 1983, item no. 5; Horwitz letter 20 April 1983, item 8-1. 21. Provide hot water supply to Public Safety wash bay and mixing valve, + 616-00 Change Request No. 102. Arkay letter 22 April, 1983, items No. 6 and 7; Horwitz letter, 20 April, 1983, items C 1 and C 2. 22. Move hand dryer at Public Safety Men's toilet, Change Request No. 105. + 398.00 Arkay letter 3 June 1983, item no. 4; Say electric invoice 20 April, 1983. (continued-- page 3) Page 3 Change Order - Eden Prairie City Services (continued): 23. Revised glazing detail at Public Safety offices, Change Requ e s t N o . 1 0 6 Arkay letter 3 June 1983, item no. 2. 24. Provide a condensate thermostat @ Public Safety wash bay, Change Request No. 107. Arkay letter 3 June 1983, item 3; Horwitz letter 4 May 198 3 . 25. Provide swivels on fuel nozzles, Change Request No. 108. Arkay letter 3 June 1983, item no. 5; Hale invoice, 5/26/83. 26. Provide fillers on air door air lines, Change Request No. 10 9 . Arkay letter 3 June 1983, item no. 6. 27. Provide locks for overhead doors, Change Request No. 110. Arkay letter 3 June 1983, item no. 7. Door Systems invoice 6/22/83. . 28. Change fence height at Storage Yard, Change Reques t N o . 1 1 1 . Arkay letter 23 June 1983. 29. Extra wiring for door controls at Public Safety, Change Request No. 112. Arkay letter 3 June 1983; Say Electric letter 19 May 1983. 30. Provide four (4) security grilles at jail cells. Change Reques t N o . 1 1 3 . Arkay letter 27 April 1983. InterDesign letter 1 June 1983. InterDesign letter 28 June 1983. + $ 174.00 + 182.00 + 118.00 • 242.00 + 2,302.00 + 140.00 • 50.00 + 1,300.00 TOTAL CHANGE. + $18,993:00 July 5, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-150 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FOR ROADWAY AND UTILITY IMPROVEMENTS TO SERVE THE EASTERLY END OF BRYANT LAKE OFFICE CENTER WHEREAS, a petition has been received and it is proposed to make the following improvements; I.C. 52-053, roadway and utility Improvements for a street to serve the easterly end of Bryant Lake Office Center. and assess the benefitted property for all or,a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study and that a feasibility report shall be prepared and presented to the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasibility of the proposed improvements. ADOPTED by the Eden Prairie City Council on July 5, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk CITY OF EDEN PRAIRIE, MINNESOTA PETITION FOR LOCAL IMPROVEMENT To The Eden Prairie City Council: The undersigned property owners herein petition the Eden P r a i r i e C i t y Council to consider making the following described improv e m e n t s ( s ) : (General Location) Sanitary Sewer X Watermain Bryant Lake Center Plat .-: the X Storm Sewer Proposed culdesac East of Street Paving Market Place Drive Other Street Address or Other Legal Description of Property to be Served Bryant Lake Center Plat Proposed culdesac on the eastern end of the site_ Names of Petitioners (Must Be Property Owners) Eden Prairie Lan_ /1..--7/VT/ 44,-, 'e imaD 60. 11: (For City use) Date Received \Able. 20, ,s7.-oS Council Consideration jucy.c1985 Project No. 13 11 July 5, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 83-151 RESOLUTION AUTHORIZING LIMITED USE PERMIT I.C. 51-308C WHEREAS, a proposed improvement to the northern segment of MCA roadway project requires construction of ramps to/from and bridge over Interstate 494 right-of-way; WHEREAS, the Minnesota Department of Transportation has prepared a permit which specifies the responsibilities governing the construction; and WHEREAS, the requirements are deemed to be acceptable. NOW, THEREFORE, BE IT RESOLVED BY THE EDEN PRAIRIE CITY COUNCIL AS FOLLOWS: The Mayor, City Manager, and City Attorney are authorized to execute the Limited Use Permit for the work specified above and designated as S.P. 2785 (494=393). ADOPTED by the Eden Prairie City Council on July 5, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk S. P. 2785 (494=393) . Jct. 494 and Valley View Road (CSAH 39) STATE OF MINNESOTA . DEPARTMENT OF TRANSPORTATION LIMITED USE PERMIT In accordance with Minnesota Statutes 161.434 and Federal Aid Highway Program Manual, Volume VII, Chapter 4, Section 1, a limited use permit is granted to the City of Eden Prairie (hereinafter referred to as the City), to enter upon highway right of way of Interstate 494 from County State Aid Highway 39 (494 Station 110 plus 00) to 1 mile north of said intersection (494 Station 160 plus 00) for the purpose of constructing City Project No. 51-308C. The construction of said City project will be in conformance with construction plans as approved by the Minnesota Department of Transportation and the Federal Highway Administration. This permit covers those lands as shaded in red on Exhibit "A" attached hereto, and all work to be performed pursuant to this permit shall be in accordance with the following special provisions. SPECIAL PROVISIONS 1. This permit is granted solely for the purpose of construction of the Valley View Road Interchange and bridge as specified in the plans on file In the Mn/DOT District Office. 2. The City shall, at its own expense, provide any and all traffic control devices including the use of traffic control personnel deemed necessary by Mn/DOT pursuant to the Manual on Uniform Traffic Control Devices, Appendix B. Sheet 1 of 4 13Iq 3. This permit is non-exclusive and is granted subject to the rights of others including', but not d limited to, utilities which may occupy Mn/DOT right of way. 4. This permit is granted for a period of two years and is renewable for an additional two year period upon mutual consent of both .parties of this agreement. The two year extension period is subject . to cancellation by Mn/DOT upon giving written notice to the City 60 days before the effective day of cancelJation. 5. The City shall notify Mr. C. E. Weichselbaum, District State Aid Engineer at 545-3761, at least one week prior to starting construction so State Materials Inspection may be arranged, and for approval of all highway materials prior to their placement. The total installation shall meet Mn/DOT specifications, with traffic control and access control approved by the Federal Highway Administration. 6. The City shall be responsible for securing any and all applicable permits or releases from governmental agencies having jurisdiction of the type o f work covered by this permit. The work to be done shall be in accordance with the following: a) It is expressly understood that this permit is issued subject to the applicant's compliance with the Rules and Regulations of the Minnesota Environmental Quality Council. b) The applicant shall perpetuate all existing drainage and provide erosion control during construction. c) While working within the State's right of way, all persons shall wear Mn/DOT approved hard hats and flourescent orange safety vests. d) Lane closures will only be permitted between the hours of 9:00 A.M. and 3:00 P.M. Sheet 2 of 4 e) No work which will restrict or interfere with traffic s h a l l be • performed between 12:00 n000n on the day preceding and 9 : 0 0 A . M . o n the day following any consecutive combination.of a Satu r d a y , S u n d a y and legal holiday without Written permission from the D i s t r i c t State Aid Engineer. f) The inslope along ramps shall be 3:1 or flatter. 7. The City will hold harmless and indemnify the Stat e o f M i n n e s o t a , its Commissioner of Transportation, and its employees f r o m l i a b i l i t y a n d c l a i m s for damages because of bodily, injury, death, property d a m a g e , s i c k n e s s o r l o s s and expense arising from the City's operation on the p o r t i o n o f h i g h w a y r i g h t of way over which this permit is granted. S. The City its heirs personal representatives, successo r s i n i n t e r e s t and assigns agrees to abide by the provisions of Titl e I V o f t h e C i v i l R i g h t s A c t of 1964. RECOMMENDED FOR APPROVAL PERMIT ACCEPTED BY THE CITY Of EDEN PRAIRIE District Engineer Mayor Minnesota Department of Transportation Date Date City Manager APPROVED BY: COMMISSONER OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION BLDG. ST . PAUL, MINNESOTA 55155 By Director, Right of Way Operations Date Sheet 3 of 4 F31(0 . APPROVED BY: :FEDERAL' 'HIGHWAY ADMINISTRATION Date The Commissioner of Transportation by the execution of this permit certifies that this permit is necessary in the public interest and that the use intended is for public purposes. This instrument was drafted by the State of Minnesota, Department of Transportation, Reconveyance Unit St. Paul, Minnesota 55155 RW00007219F 0 Sheet 4 of 4 July 5, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. R83-152 RESOLUTION RECEIVING PETITION AND ORDERING FEASIBILITY REPORT FQR TRAFFIC SIGNAL AT LEONA ROAD/TH 169 WHEREAS, a petition has been received and it is proposed to make the following improvements; Traffic signal at Leona Road/TH 169 and assess the benefitted property for all or a portion of the cost of the improvements, pursuant to M.S.A. 429.011 to 429.111. NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council: That the proposed improvements be referred to the City Engineer for study with the assistance of BRW and that a feasibility report shall be prepared and presented to • the City Council with all convenient speed advising the Council in a preliminary way as to the scope, cost assessment and feasi- bility of the proposed improvements. ADOPTED by the Eden Prairie City Council on July 5, 1983. . Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk 131i Sincerely, MINNESOTA PROTECTiVE_LIFE INSURANCE COMPAN AC/kmh 1319 'AIN 1310 Minnesota Protective Life Insurance Company 7901 Flying Cloud Drive. Eden Prairie, Minnesota 55944 • 6121944-3900 3. A. Cochrane President June 10, 1983 Mr. Carl Jullie City Manager City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Dear Mr. Jullie: There have been numerous accidents in front of our office; 7901 Flying Cloud Drive. This is be- coming more and more frightening as we are afraid someone might be killed. We feel that a stop- light is necessary. Secondly, a service road should be put in going South on Leona Road, as this will releave a good deal of traffic. Minnesota Protective Life and its tenants have expressed the good service the City of Eden Prairie has given us. We would like to thank all of you. Please respond as soon as possible. J \ tie gional • Commerci z;. ional Commercial/ Office \/' r. 23 I 2 tegional Commercial. Office U _ ORDINANCE NO. 30-R3 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER II BY ADDING THERETO SECTION 11.41 RELATING TO CONDITIONAL USE PERMITS AND AMENDING SECTION 11.02 RELATING TO DEFINITIONS AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Chapter 11 shall be and is amended by adding thereto Section 11.41 which reads as follows: "SEC. 11.41. CONDITIONAL USE PERMITS. SUBD. 1. Declaration of Policy and Purpose. It is hereby found and declared that certain lands within the City have been included within and designated as the "Major Center Area" ("MCA") and are the subject of the "Eden Prairie Major Center Area Planned Unit Development" ("MCA-PUD"), adopted by the Council on July 10, 1973, as an amendment to the City's Comprehensive Guide Plan. The MCA-PUD as well as the City's Comprehensive Guide Plan contemplate multiple uses, including office uses, of the lands within the MCA-PUD. Some of the lands intended for office use are situated in the R-22 (Residential) or the Rural District and have dwellings situated thereon. Development of some of the lands within the MCA for the uses intended has occurred. Development of some of such land has not and may not occur in the immediate future because of time, economic and other constraints. Thus, use of lands in the MCA have been and are in a state of transition. The development and use of some of the lands for the purposes intended may adversely affect the use of certain dwellings for residential purposes situated on some of the lands within the MCA. It is, therefore, advisable to enable the owners of lands on which are situated such dwellings to temporarily use or permit use of the same for other purposes under proper and specific conditions to ameliorate the impact of the transition of uses within the MCA. In order to accomplish such purposes the following provisions relating to the issuance of conditional use permits are adopted. SUBD. 2. Areas Where Conditional Use Permits May Be Granted. That part of the following described lands situated within either the R-22 or Rural District may be used for those permitted uses described in Section 11.20 (Office District) hereof upon issuance of a conditional use permit in accordance with and subject to the provisions and conditions contained in this section. fr3 ;1 Sec. 14, T. 116, R. 22 NW K of the NE X SW K of the NW X SE K of the NW X NE X of the NE X SE K of the SW SW K of the SEX SW 14 of the SW X Sec. 23, T. 116, R. 22 The South 650 feet of the NW X of the NE SUBD. 3. Required Conditions. A conditional use permit may be granted only subject to the following conditions: A. There shall be no business or advertising sign in excess of B square feet. The conditional use permit shall be for a period not in excess of three years, provided, however, the Council may grant a conditional use permit or permits effective subsequent to the expiration of a previously granted conditional use permit. C. No permit shall be granted unless the minimum standards set forth in this chapter relating to lands within the Office District are met, unless a variance has been granted therefore by the Board of Adjustments and Appeals. D. The Council finds the following: I. The land subject to the conditional use permit shall abut on a public street. 2. The conditional use will have available to it an adequate and safe supply of water and shall have available and use sanitary sewer which shall adequately and safely, without harm to other lands or persons in the area, dispose of all sanitary sewage generated on the land subject to the conditional use permit. 3. The conditional use will not require construction on the land of, a new, or enlargement of an existing building by more than five percent of the total cubic feet of the existing building. 4. The conditional use will not be in conflict with the MCA-PUD or the City's Comprehensive Guide Plan. 5. The conditional use will not create an excessive burden on parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. 6. The conditional use will be sufficiently separated by distance or screening from adjacent lands so that existing homes will not be depreciated in value and there will be no deterence to development of vacant land. 7. The structure and site for the conditional use shall not be altered in appearance so as to have an adverse effect upon adjacent residential properties. 8. The conditional use is reasonably related to the overall needs of the City and to the existing land use in the MCA. 9. The conditional use will not cause traffic hazard or congestion. 10. Neighboring land and dwellings will not be adversely affected because of traffic generation, noise, glare, or other nuisance characteristics. SUBD. 4. Additional Conditions. In granting a conditional use permit the Council may impose additional conditions, including the furnishing of a bond containing such terms and provisions and in such amount as may be provided by the Council, to ensure the prevention of or the compliance with those matters specified in Subdivision 3 hereof or otherwise as the Council may determine to be advisable or appropriate to achieve the policies and purposes of this section. SUBD. 5. Procedure. An application for a conditional use permit shall be in writing signed by the owner of the land for which the conditional use permit is sought. The procedures applicable to an amendment of Chapter 11 of the Code, including notice and public hearing, shall be required prior to the issuance of a conditional use permit. SUBD. 6. Revisions and/or Changes. A. Minor revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the Director of Planning if they are required by engineering or other circumstances which were not foreseen at the time the conditional use permit was approved. B. Major revisions and/or changes in site or remodeling plans on which the granting of a conditional use permit has been conditioned may be approved by the Council only pursuant to the procedures applicable to an application for a conditional use permit. Any change in a site or remodeling plan the cost of which change shall exceed 10 percent of the market value of the land and any improvements thereon, for which a condtional use permit has been granted, as determined by the City Assessor shall constitute a major revision or change. CWCIerk Mayor PUBLISHED in the Eden Prairie News on the day of , 1983. 101 SUBD. 7. Cancellation of Conditional Use Permits. Unless otherwise specified by the Council at the time it is authorized, a conditional use permit shall expire if the applicant fails to utilize such conditional use permit by obtaining a building permit or otherwise within one year from the date of its authorization. SUBD. 8. Conditional Use Permit Required. It shall be unlawful to engage in a conditional use without having first obtained a conditional use permit therefor. Section 2. City Code Chapter 11, Section 11.02 shall be and is amended by adding thereto item 7a as follows: "la. "Conditional Use." A use which is not permissible in a zoning District but which may under certain circumstances and with the application of certain conditions be suitable." Section 3. City Code Chapter I entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the____ of , 1983, and finally read and adopted and ordered puii-s at a regular meeting of the City Council of said City on the day of ,1983. ATTEST: PUBLISHED in the Eden Prairie News on the RT.", ORDINANCE NO. 33-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 2 WHICH RELATES TO ADMINISTRATION AND GENERAL GOVERNMENT BY AMENDING SECTION 2.84, SPECIAL ASSESSMENT POLICY, AND ADOPTING BY REFERENCE CITY CODE CHAPTER1ANDSECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The City Code is amended by amending Section 2.84 as follows: "SEC 2.84 SPECIAL ASSESSMENT POLICY. The Council may, by resolution, adopt, from time to time amend, or repeal a special assessment policy to defer the payment of special assessments for any homestead property owned by a person 65 years of age or older or retired by virtue of a perma- nent and total disability for whom it would be a hardship to make the payments." Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 3. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 1983, and finally read and adopted and -URered pubINERI7ET a regular meet- ing of the City Council of said City on the day of , 1983. ATTEST: City Clerk Mayor July 5, 1983 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 83-161 RECORDING CONFORMANCE WITH DEVELOPER'S AGREEMENT FOR SHADY OAK INDUSTRIAL PARK THIRD ADDITION AND SHADY OAK INDUSTRIAL PARK SIXTH ADDITION (FORMERLY PART OF ' SHADY OAK INDUSTRIAL PARK THIRD ADDITION) WHEREAS, on December 18, 1979, Richard W. Anderson, Inc., a Minnesota corporation (Owner) and the City of Eden Prairie, a municipal corporation, entered into a certain Developer's Agreement (Agreement) pertaining to that certain property referred to as Shady Oak Industrial Park Third Addition; and WHEREAS, the Owner has complied with certain provisions of said Agreement as to certain lots within said subdivision; and WHEREAS, the City Engirieer has reviewed the Owner's compliance with said Agreement as to Lot 2, Block 1, Shady Oak Industrial Park Third Addition and Lot 2, Block 1 Shady Oak Industrial Park Sixth Addition (formerly platted as the south 435.07 feet of Lot 4, Block 1, Shady Oak Industrial Park Third Addition) and has so advised this Council. MOW, THEREFORE, be it resolved by the Eden Prairie City Council that as to Lot 2, Block 1 Shady Oak Industrial Park Third Addition and Lot 2, Block 1 Shady Oak Industrial Park Sixth Addition, the City finds that: All items of the Agreement have been satisfactorily completed. The Agreement shall remain in full force and effect as to all items and lots not mentioned herein. ADOPTED by the City Council on July 5, 1983. Wolfgang H. Penzel, Mayor SEAL ATTEST: John D. Frane, Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 21-83 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, 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 RM-6.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the RM-6.5 District, and the 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 Associated Investments, Inc., a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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: Jahn D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of Exhibit A Legal Description Lot 1, Block 3, Lorence Addition, Hennepin County, Minnesota 1427 Lorence Addition DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983, by and between Associated 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 for a Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential and rezoning from Rural to RM-6.5 for 4.72 acres, 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; WHEREAS, Owner desires to develop the property as 31 condominium units, based on plans dated March 18, 1983; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 21-83 and Resolution #83-109, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the materials dated March 18, 1983, reviewed and approved by the City Council on May 17, 1983, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at 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 building permit issuance, Owner agrees to submit the following to the City and receive the City's approval of: A. To the Director of Planning, a revised landscape plan Including screening of the parking areas and a buffer along the north and west portions of the site. I32°) B. To the City Engineering Department, detailed plans regarding ' water, sanitary sewer, storm water calculations, and utility easements. C. To the City Fire Marshall, plans for locations of all fire hydrants. Lorence Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-139 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 21-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 21-83 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. 21-83, 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. 21-83 shall be recorded in the ordinance book, along with proof of publication required by paragraph 8 herein, within 20 days after said publication. ADOPTED by the City Council on , 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk 83 I Lorence Addition The following is the full text of the City of Eden Prairie Ordinance No. 21-83, . 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. 21-83 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, 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 RM-6.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the RM-6.5 District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph 8, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of , entered into between Associated Investments, Inc., a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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 golfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of I n n Summary of Developer's Agreement: Lorence 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. Submission of plans regarding sewer, water,' and drainage to Engineering Department. 2. Submission of landscape including screening of the parking areas and a buffer along the north and west portions of the site. 3. Submission of locations for fire hydrants to the Fire Marshall. 4. Plans submitted to the Watershed District for any oil skimming device to be reviewed by the City Engineering Department. 5. Submission to the City Engineer of a development Plan for the land. 6. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 7. Developer's warranty of title to the land. .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 construction, maintenance, preservation, and restoration. 9. 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. 10. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 11. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 12. Application of the Developer's Agreement to transferees of the land. 13. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 14. Notice to the City's cable franchise. NOTICE: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. John D. Frane, City Clerk Wolfgang H. Penzel, Mayor CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-83 . 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, 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 C-Regional Commercial District and be placed in the Office District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Office District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of , entered into between Welsh Construction Corporation, a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This. Ordinance shall become effective 'from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the______ of and finally read and and d ordereished at a regular meeting of the City Council of said City on the day of ATTEST: John D. Fran, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of 1334 E:414 ma A Legal Description Outlot C, and that part of Outlot B, Bryant Lake Center lying Southeasterly of a line described as follows: Commencing at the most Northeasterly corner of said Outlot B, thence on an a s s u m e d baring of South 38 degrees 25 minutes 08 seconds West a distance of 284.54 f e e t to the point of beginning of the line to be described; thence North 51 degr e e s 34 minutes 52 seconds West a distance of 186.18 feet to the Easterly right- o f - w a y line of Market Place Drive and there terminating. And lying Easterly of a line described as follows: Commencing at the most Southerly corner of Outlot B; thence on an assumed be a r i n g of North 73 degrees 18 minutes 34 seconds West along the Southerly line of O u t l o t 8 , a distance of 510.00 feet to the point of beginning of the line to be described ; thence North 16 degrees 41 minutes 26 seconds East a distance of 211.91 fee t t o the Southerly right-of-way line of Market Place Drive, and there terminating . Bryant Lake Office/Tech Center 6/83 DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983 by and between WELSH COMPANIES, 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 10.83 acres of land for Planned Unit Development District Amendment to the Bryant Lake Center Lakeridge Office Park PUD, rezoning from C-Regional Commercial to Office and preliminary plat for office/service/storage facilities, located at County Road #60 (Valley View Road) ind Market Place Drive, 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 #20-83 and Resolution 83-108, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the plans dated March 23, 1983, reviewed and approved by the City Council on May 17, 1983, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to issuance of any building permit for construction, owner shall submit to the City for review and obtain the City's approval 100 of the following: A. To the Director of Planning, the following: 1. The site plan, revised to include the same _exterior material for the office building as used on the majority of the industrial buildings. 2. A revised signage plan in conformance with City Code requirements. B. To the City Engineer, the following: 1. Detailed plans for easements, water, sanitary sewer, storm sewer calculations, site grading, and hydrant locations with hydrant locations revised so as not to exceed the 300 ft. minimum distance required per City Code. Plans for the proposed sedimentation pond sized so as to accomodate the future development. 4. The parties acknowledge that Owner and other persons having an interest in the property, have executed and delivered to City restrictions relating to use of the property set forth in that certain document entitled and dated 1983, by and between Welsh Construction Corporation, Hustad Development Corporation, and City, which is attached hereto and made a part hereof as Exhibit D. 5. In implementation of the Planned Unit Development, and as a variance from certain requirements imposed by City Code Chapter 11, City authorizes a ten (10) ft. rear yard setback for Building 3, Lot 4 as depicted on Exhibit B. 2. 183c/ STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN WELSH CONSTRUCITON CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1983, by and between Eden Prairie Land Company II, a Minnesota g e n e r a l p a r t n e r s h i p , hereinafter referred to as "Owner," and the City of Ede n P r a i r i e , h e r e i n a f t e r referred to as "City:" For and in consideration of, and to induce, City to adopt Re s o l u t i o n 1 8 3 - 1 0 8 Odr a preliminary plat approval and Ordinance #20-83 cha n g i n g t h e z o n i n g o f t h e property owned by Owner from Rural to Office as more fully d e s c r i b e d i n t h a t c e r t a i n Developer's Agreement entered into as of , 198 3 , b y a n d b e t w e e n Welsh Construction Corporation and City, Owner agree with the C i t y a s f o l l o w s : 1. If Welsh Construction Corporation fails to commence in acc o r d a n c e with the Developer's Agreement within 24 months of the date h e r e o f , Owner shall not oppose the rezoning of the property to Rural . 2. This Agreement shall be binding upon and enforceable against O w n e r s , their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall ob t a i n a n agreement from the transferree requiring that such transfe r e e a g r e e to the terms of the Developer's Agreement. Wayne Brown, "Partner the foregoing instrument was acknowledged before me this day of , 1983 by Wayne Brown, partner, on behalf of thrfigiiiership. Notary Public 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 Wolfgang H. Penzel, the Mayor, andliFT71 Jullie, the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public Bryant Lake Office Tech Center CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-140 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 20-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 20-83 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. 20-83, 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 ar 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. 20-83 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 i2A1 Bryant Lake Office Tech Center The following is the full text of the City of Eden Prairie Ordinance No. 20-83, 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 ihe Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-83 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, 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 C-Regional Commercial District and be placed in the Office District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the Office District, and the legal descriptions of land in each District referred to in City Code, Section 11.03, Subdivision 1, Subparagraph B, shall be, and are amended accordingly. Section 4. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. The land shall be subject to the terms and conditions of that certain Developer's Agreement dates as of , entered into between Welsh Construction Corporation, a Minnesota corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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. PenzeOiayor PUBLISHED in the Eden Prairie News on the day of sAala Summary of Developer's Agreement: Bryant Lake Office Tech Center Developer will develop the land as described in Exhibit A which is atta c h e d to and incorporated in the Developer's Agreement. In addition, the D e v e l o p e r ' s Agreement provides for: 1. Submission of plans regarding sewer, water, and drainage to Engineeri n g Department. 2. Submission of a revised site plan to include the same exterior material f o r the office building as used on the majority of the industrial buildings. 3. Submission of plans showing hydrant locations revised not to exceed the 3 0 0 ft. minimum distance between hydrants per Code. 4. Execution of covenants and restrictions regarding uses allowed in on t h e land. 5. City grants a variance, as part of the Planned Unit Development District f o r the property, to allow a ten (10) ft. rear yard setback for Building 3, L o t 4, as depicted on Exhibit B. §. • Submission to the City Engineer of a development Plan for the land. 7. Submission to Watershed District of storm sewer construction pla n s . Developer to follow the rules and regulations of said Watershed District . 8. Developer's warranty of title to the land. 9. Construction and maintenance of public improvements which are to be con v e y e d to the City as well as preservation and restoration of areas surroundi n g said improvements. Submission of a bond or letter of credit to ensure th e quality of said construction, maintenance, preservation, and restoration. 10. Rough grading to be performed by the Developer for improvements which t h e City will construct pursuant to 100% petition of all owners of the lan d . Submission of a bond or letter of credit for the rough grading. 11. Payment of first three (3) years' street lighting, engineering review, a n d street signs costs. 12. Developer's commitment not to oppose rezoning if Developer fails to proc e e d In accordance with the Developer's Agreement within 24 months. 13. Application of the Developer's Agreement to transferees of the land. 14. City's remedies in the event that Developer violates the provisions of t h e Developer's Agreement. 15. Notice to the City's cable franchise. NOTICE: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. !N O ADOPTED by the Eden Prairie City Council on . 1983. John D. Frane, City Clerk Wolfgang H. Penzel, Mayor CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, CHANGING THE ZONING ON CERTAIN LAND AND CREATING A PLANNED UNIT DEVELOPMENT DISTRICT ON CERTAIN OTHER LAND AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND AMENDING ORDINANCE NO. 81-11, 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 THAT ORDINANCE NO. 81-11 IS AMENDED TO READ AS FOLLOWS: 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, ("Exhibit A land") and in Exhibit B attached hereto and made a part hereof ("Exhibit B land"). Section 2. That action was duly initiated proposing that the Exhibit A land be removed from the Rural District and RM-6.5 District and be placed in the R1- 9.5 District. Section 3. That action was duly initiated proposing that the Exhibit B lond be placed in the RM-6.5-Planned Unit Development 3-83 District. Section 4. The Exhibit A land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1983, entered into between The Bluffs Company and the City of Eden Prairie, and the Exhibit B land shall be subject to the terms and conditions of that certain Developer's Agreement dated December 15, 1981, by and between Hustad Development Corporation and the City of Eden Prairie, that certain Developer's Agreement dated , 1983, entered into between Baton Corporation and the City of Eden Prairie, and that certain Owner's Supplement dated as - , 1983, entered into between Hustad Development Corporation and the City of Eden Prairie. These agreements contain the terms and conditions of PUD 3- 83, and are hereby made a part hereof. Section 5. The City Council hereby makes the following findings: A. PUD 3-83 is not in conflict with the goals of the Guide Plan of the City. B. PUD 3-83 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 3-83, are justified by the design of the development described therein. D. PUD 3-83 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. /3.1/2- Section 6. The proposal is hereby adopted and the Exhibit A land shall he, and hereby is, removed from the Rural District and RM-6.5 District and shalt be included hereafter in the R1-9.5 District; and the Exhibit B land shall be, and hereby is, placed in the RM-6.5 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 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 ATTEST: John D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the ' day of Eorar A ZONING AND PUD CONCEPT That part of the Southwest Quarter of Section 25, Township 116, Range 22 West of the 5th 'r:ncipal Meridian, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said southwest quarter; thence north, assumed bearing, along the east line of said Southwest Quarter a distance of 298.92 feet to the .point of beginning; thence north 89 degrees 45 minutes 09 seconds West a distance of 281.00 feet; thence South 85 degrees 44 minutes 30 seconds West a distance of 102.00 feet; thence South 81 degrees 14 minutes 00 seconds West a distance of 231.00 feet; thence North 78 degrees 46 minutes 00 seconds West a distance of 162.00 feet; thence North 68 degrees 42 minutes 30 seconds West a distance of 158.00 feet; thence North 50 degrees 23 minutes 00 seconds West a distance of 158.00 feet; thence North 31 degrees 33 minutes 30 seconds West a distance of 158.00 feet; thence North 37 degrees 44 minutes 00 seconds West a distance of 40.00 feet; thence North 88 degrees 54 minutes 30 seconds West a distance of 226.00 feet; thence South 48 degrees 20 minutes 30 seconds West a distance of 338.00 feet; thence North 41 degrees 39 minutes 30 seconds West a distance of 140.00 feet; thence North 45 degrees 09 minutes 30 seconds West a distance of 191.00 feet; thence North 1 degree 05 minutes 30 seconds East a distance of 380.00 feet to a line parallel with and 22 rods south of the north line of the Southwest Quarter of the Southwest Quarter of said Section 25; thence South 88 degrees 54 minutes 30 seconds East, along said parallel line, a distance of 535.14 feet to the East line of the Southwest Quarter of the Southwest Quarter of said Section 25; thence North 00 degrees 10 minutes 18 seconds West, along said East line, a distance of 363.09 feet to the north line of the Southwest Quarter of the Southwest Quarter of said Section 25; thence South 88 degrees 54 minutes 30 seconds East, along the South line of the Northeast Quarter of the Southwest Quarter of said Section 25 a distance of326.81 feet to the West line of the east three-fourths of the Northeast Quarter of the Southwest Quarter of said Section 25; thence North 00 degrees 07 minutes 42 (- econds West, along said West line, a distance of 667.85 feet to the southerly right of k 4ay line of County Road No. 1; thence Southeasterly along said right of way line of County Road No. 1; thence Southeasterly along said right of way line to its intersection with the East line of said Southwest Quarter; thence southerly, along said East line to the point of beginning. Except that part of the Southwest Quarter of Section 25, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the southerly right of way line of County Road No. 1; thence southerly on an assumed bearing of South 00 degrees 07 minutes 42 seconds East along the West line of the East three-fourths of the Northeast Quarter of the Southwest Quarter of said Section 25 a distance of 667.85 feet; thence bearing South 88 degrees 54 minutes 30 seconds East a distance of 220.00 feet; thence bearing North 60 degrees 05 minutes 30 seconds East a distance of 50 feet; thence bearing South 35 degrees 54 minutes 30 seconds East a distance of 42 feet; thence bearing North 46 degrees 05 minutes 30 seconds East a distance of 196 feet; thence bearing North 42 degrees 05 minutes 30 seconds East a distance of 198.13 feet to the southerly right of way line of County Road No. 1; thence bearing North 57 degrees 57 minutes 49 seconds West a distance of 602 feet along the southerly right of way line of County Road No. 1 to the' point of beginning and there terminating. 1 8 q3 PRELIMINARY PLAT That part of the Southwest Quarter of Section 25, Township 116, Range 22 West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Commencing at the southeast corner of said southwest quarter; thence north, assumed bearing, along the east line of said Southwest Quarter a distance of 298.92 feet to the point of beginning; thence north 89 degrees 45 minutes 09 seconds West a distance of 281.00 feet; thence South 85 degrees 44 minutes 30 seconds West a distance of 102.00 feet; 'thence South 81 degrees 14 minutes 00 seconds West a distance of 231.00 feet; thence North 78 degrees 46 minutes 00 seconds West a distance of 162.00 feet; thence North 68 degrees 42 minutes 30 seconds West a distance of 158.00 feet; thence North 50 degrees 23 minutes 00.seconds West a distance of 158.00 feet; thence North 31 degrees 33 minutes 30 seconds West a distance of 158.00 feet; thence North 37 degrees 44 minutes 00 seconds West a distance of 40.00 feet; thence North 88 degrees 54 minutes 30 seconds West a distance of 226.00 feet; thence South 48 degrees 20 minutes 30 seconds West a distance of 338.00 feet; thence North 41 degrees 39 minutes 30 seconds West a distance of 140.00 feet; thence North 45 degrees 09 minutes 30 seconds West a distance of 191.00 feet; thence North 1 degree 05 minutes 30 seconds East a distance of 380.00 feet to a line parallel with and 22 rods south of the north line of the Southwest Quarter of the Southwest Quarter of said Section 25; thence South 88 degrees 54 minutes 30 seconds East, along said parallel line, a distance of 535.14 feet to the East line of the SoOthwest Quarter of the Southwest Quarter of said Section 25; thence North 00 degrees 10 minutes 18 seconds West, along said East line, a distance of 363.09 feet to the north line of the Southwest Quarter of the Southwest Quarter of said Section 25; thence South 88 degrees 54 minutes 30 seconds East, along the South line of the Northeast Quarter of the Southwest Quarter of said Section 25 a distance of326.81 feet to the West line of the east three-fourths of the Northeast Quarter of the Southwest Quarter of said Section 25; thence North 00 degrees 07 minutes 42 seconds West, along said West line, a distance of 667.85 feet to the southerly right of way line of County Road No. 1; thence Southeasterly along said right of way line of County Road No. 1; thence Southeasterly along said right of way line to its intersection with the East line of said Southwest Quarter; thence southerly, along said East line to the point of beginning. Exhibit A Legal Description That part of the Southwest Quarter of Section 25, Township 116, Range 22, West of the 5th principal meridian, Hennepin County, Minnesota, described as follows: Beginning at the intersection of the southerly right-of-way line *of County Road No. 1; thence southerly on an assumed bearing of South 00 degrees, 07 minutes, 42 seconds East along the West line of the East 3/4 of the Northeast Quarter of the Southwest Quarter of said Section 25 a distance of 667.85 feet; thence bearing South 88 degrees 54 minutes 30 seconds East a distance of 220 feet; thence bearing North 60 degrees 05 minutes 30 seconds East a distance of 50 feet; thence bearing South 35 degrees 54 minutes 30 seconds East a distance of 42 feet; thence bearing North 46 degrees Ci minutes 30 seconds East a distance of 196 feet; thence bearing Worth 42 degrees 05 minutes 30 seconds East a distance of 198.13 feet to the Southerly right-of-way line of County Road No. 1; thence bearing North 57 degrees 57 minutes 49 seconds West a distance of 602 feet along the Southerly right-of-way line of County Road No. 1 to the point of beginning, and there terminating. Bluffs East DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of •, 1983, by dnd between THE BLUFFS COMPANY, a Minnesota corporation, hereinafter referred to as "Owner," and the CITY OF EDEN PRAIRIE hereinafter referred to as "City:" WITNESSETH: WHEREAS, Owner has applied to City for preliminary platting of approximately 39.0 acres, and for rezoning of approximately 27.0 of said 39.0 acres from Rt4-6.5 and Rural to R1-9.5, situated in Hennepin County, State of Minnesota, the entire 39.0 acres being more fully described in Exhibit A, attached hereto and made a part hereof, and hereinafter referred to as "the property," and; • WHEREAS, Owner desires to develop the property as 90 single family detached lots on said 39.0 acres, based on written materials dated February, 1983, March 1, 1983, and revised plans dated April 11, 1983; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 14-83 and Resolution #83-89, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the materials dated February, 1983, March 1, 1983, and revised plans dated April 11, 1983, 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. Owner shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. With respect to the single family portion of the project, and prior to building permit issuance, Owner agrees to submit to the City Engineer for review, and obtain the City Engineer's approval of the 1,34(0 following: A Storm sewer plans showing elimination of the use of Outlot A as a sedimentation area. A storm water holding pad is to be constructed on Outlot A according to the requirements of the City Engineering Department and Watershed District. B. Drainage and utility easements covering the area of the ponds to be submitted with final plat. C. Street plans showing Meade Lane and Grant Drive increased in width to 60 ft. of right-of-way, and a five (5) ft. wide concrete sidewalk to be constructed by Owner along one side of both roads concurrent with street construction. D. Plans showing temporary turn-arounds at the west end of Jackson Drive and the north and south ends of Meade Lane, which are in conformance with the Engineering Department requirements. At the time of construction, Owner shall place temporary dead-end signs at the location of the turn- arounds. 4. With respect to the single family portion of the project, and prior to building permit issuance, Owner shall submit to the Director of Planning, and receive the Director's approval of the following: • A. A plan showing that all R1-9.5 lots are to be developed in such a way as to assure that no unit is located adjacent to, directly across the street from, or diagonally across the street from another similar unit. No similar unit type, such as garage front, shall be located more than three in a row along a street frontage. B. Plans showing Lot 1, Block 2 and Lots 1 and 12-20, Block 4 designed and platted in conformance with,R1-13.5 zoning Code standards and requirements. 5. No area of the property shall be left unrestored for a period greater than six (6) months. Crossroads Townhomes DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983, by and between BATON CORPORATION, a Minnesota 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 a zoning amendment, with a Planned Unit Development District, and preliminary platting of approximately 6.0 acres, 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; WHEREAS, the property is part of a tract encompassing 44.0 acres all of which has received Planned Unit Development Concept review and approval; and, WHEREAS, Developer desires to develop the property as 40 multiple family attached units, based on plans dated April 21, 1983; NOW, THEREFORE, in consideration of the City adopting Resolution No. #83- , Developer covenants and agrees to construction upon, development, and maintenance of the property as follows: 1. Developer shall plat and develop the property in conformance with the materials dated April 21, 1983, reviewed and approved by the City Council on May 3, 1983, and attached hereto as Exhibit 8, subject to such changes and modifications as provided herein. Developer shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Developer covenants and agrees to the performance and observance by Developer at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to building permit issuance, Developer agrees to submit the following to the Director of Planning of the City, and obtain the Director's approval of: a. A detailed landscaping plan which includess heavy screening of the western townhouse units from the land lying to the west of the property, and screening of the southeastern four-plex townhouse unit to the single family lot lying to the southeast from the property. Said plan shall also show screening of all parking areas from differing adjacent land uses and the public road. b. Plans showing front yard setbacks to buildings of no less than 30 ft. and setbacks to parking of no less than 15 ft. c. Plans showing parking of one additional exterior space per unit above and beyond driveway parking. 4. City hereby grants a variance to allow building height up to 36 ft. as part of the Planned Unit Development District, but only as a height measured from the garage tide of the building to the peak of the roof. This requires that the majority of the building be two- story in relationship to surrounding grade, rather than three-story, as proposed for the garage side. 5. Developer shall submit to the Hennepin County Department of Transportation, and receive the County's approval of, access plans to County Road #1, along with any necessary acceleration and deceleration lanes required by the County. Developer shall supply any additional right-of-way as required by the County for County Road #1. OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN BATON CORPORATION AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of , 1983, by and between The Bluffs Company, hereinafter referred to as "Owner," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Resolution #83- for a preliminary plat approval and Ordinance 114-83 amending the zoning of the property owned by Owner as more fully described in that certain Developer's Agreement entered into as of , 1983, by and between Baton Corporation, and City, Owner agrees with the City as follows: 1. If Baton Corporation 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 Owner transfers such property, Owner shall obtain an agreement from the transferee requiring that such transferee agrees to the terms of the Developer's Agreement. THE BLUFFS COMPANY Wallace Hustad, President 13 0 0, Notary FUME STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) ihe foregoing instrument was acknowledged before me this , 1983 by Wallace Hustad, President, . President of The Bluffs Company, a Minnesota Corporation, on corporation. day of ---er-r behalf Of the Notary Public CITY Wolfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA1 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. Bluffs East CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-141 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 14-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 14-83 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. 14-83, 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. O. That Ordinance No. 14-83 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. Franc, City Clerk 1.3SO Bluffs East/Crossroads Townhomes The following is the full text of the City of Eden Prairie Ordinance No. 14-83, 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 4 of the Ordinance, is summarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 14-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, CHANGING THE ZONING ON CERTAIN LAND AND CREATING A PLANNED UNIT DEVELOPMENT DISTRICT ON CERTAIN OTHER LAND AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND AMENDING ORDINANCE NO. 81-11, 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 THAT ORDINANCE NO. 81-11 IS AMENDED TO READ AS FOLLOWS: 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, ("Exhibit A land") and in Exhibit B attached hereto and made a part hereof ("Exhibit B land"). Section 2. That action was duly initiated proposing that the Exhibit A land be removed from the Rural District and RM,6.5 District and be placed in the R1- 9.5 District. Section 3. That action was duly initiated proposing that the Exhibit 8 land be placed in the RM4.5-Planned Unit Development 3-83 District. Section 4. The Exhibit A land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1983, entered into between The Bluffs Company and the City of Eden Prairie, and the Exhibit B land shall be subject to the terms and conditions of that certain Developer's Agreement dated December 15, 1981, by and between Hustad Development Corporation and the City of Eden Prairie, that certain Developer's Agreement dated , 1983, entered into between Baton Corporation and the City of Eden Prairie, and that certain Owner's Supplement dated as - , 1983, entered into between Hustad Development Corporation and the City of Eden Prairie. These agreements contain the terms and conditions of PUD 3- 83, and are hereby made a part hereof. Section 5. The City Council hereby makes the following findings: A. PUD 3-83 is not in conflict with the goals of the Guide Plan of the City. B. PUD 3-83 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 R51 the City Code, which are contained in PUB 3-83, are justified by the design of the development described therein. D. PUB 3-83 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 6. The proposal is hereby adopted and the Exhibit A land shall be, and hereby is, removed from the Rural District and RM-6.5 District and shall be included hereafter in the R1-9.5 District; and the Exhibit B land shall be, and hereby is, placed in the RM-6.5 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly. Section 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______ of , and finally read and adapted and ordered 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 Summary of Developer's Agreement: Bluffs East 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. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission of Storm sewer plans showing elimination of the use of Outlot A as a sedimentation area. The pond is to be constructed according to the requirements of the City Engineering Department and Watershed District. 3. Submission of drainage and utility easements covering the area of the ponds. 4. Submission of street plans showing Meade Lane and Grant Drive increased in width to 60 ft. of right-of-way, and a five (5) ft. wide concrete sidewalk to be constructed by Owner along one side of both roads concurrent with street construction. 5. Submission of plans showing temporary turn-arounds at the west end of Jackson Drive and north and south ends of Meade Lane, which are in conformationce with the Engineering Department requirements. At the time of construction, Owner shall place termporary dead-end signs at the location of the turn arounds. 6. Submission of a development plan for showing that no unit occurs immediately adjacent, directly, or immediately diagonally across the street from another similar unit. No similar unit type, such as garage front, shall be located more than three in a row along a street frontage. 7. No area of the site shall be left unrestored for a period greaater than six (6) months. 8. Construction of an eight (8) ft. wide bituminous path along the west side of Franlo Road. 9. Submission to the City Engineer of a development Plan for the land. 10. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 11. Developer's warranty of title to the land. 12. 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 construction, maintenance, preservation, and restoration. 13. 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. 14. Paynent of first three (3) years' street lighting, engineering review, and 1 3S1 street signs costs. .5. Developer's ceemitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. .16. Application of the Developer's Agreement to transferees of the land.. 17. City's remedies In the event that Developer violates the provisions of the Developer's Agreement. 18. Notice to the City's cable franchise. NOTICE: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. Nin D. Frane, City Clerk Wolfgang H. Penzel, Mayor Summary of Developer's Agreement: Crossroads Townhomes 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. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission of a landscape plan illustrating heavy buffering of the western townhomes units from the property lying to the west, and from the southeastern four-plex townhome unit to the single family lot lying to the southeast. Said plan shall also show screening of all parking areas from differing land uses and the public road. 3. Submission of a site plan showing setbacks to buildings at no less than 30 ft. and setbacks to parking of no less than 15 ft. 4. City grants a variance to allow height up to 36 ft. as part of the PUD District, but only as a height taken from the garage side to the peak of the roof. This requires that the majority of the building be two-story in relationship to surrounding grade, rather than three-story, as proposed on the garage side. Submission to Hennepin County Department of Transportation, and receipt of County's approval of access plans to County Road #1, along with any necessary acceleration and deceleration lanes required by County. Developer to supply any additional right-of-way as required by County for County Road #1. 6. Submission to the City Engineer of a development Plan for the land. 7. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 8. Developer's warranty of title to the land. 9. 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 construction, maintenance, preservation, and restoration. 10. 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. 11. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 12. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 13. Application of the Developer's Agreement to transferees of the land. 2s4 14. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 15. Notice to the City's cable franchise. • NOTICE: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. Trohn D. Franc, City Clerk 'Wolfgang H. Penzel, Mayor CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 24-83 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, 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 RM-6.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the RM-6.5 District, and the 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 Equitable Life Assurance, a Massachusetts corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. ' FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the_____ of , and finally read and adopted and order —Ished 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 • BSG Exhibit A Legal Description Outlot B, Edenvale 3rd Addition, Hennepin County, Minnesota Edenvale 17th Add. DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of , 1983, by and between Equitable Life Assurance, an Illinois 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 for preliminary platting of and for rezoning from Rural to RM-6.5 for approximately 9.77 acres, 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; • WHEREAS, Owner desires to develop the property as 42 single family attached lots, or 21 lots on said 9.77 acres, based on plans dated April 4, and April 5, 1983; NOW, THEREFORE, in consideration of the City adopting Ordinance No. 24-83 and Resolution #83-130, Owner covenants and agrees to construction upon, development, and maintenance of said property as follows: 1. Owner shall plat and develop the property in conformance with the materials dated April 4, and April 5, 1983, reviewed and approved by the City Council on June 7, 1983, and attached hereto as Exhibit B, subject to such changes and modifications as provided herein. Owner shall not develop, construct upon, or maintain the property in any other respect or manner than provided herein. 2. Owner covenants and agrees to the performance and observance by Owner at such times and in such manner as provided therein of all of the terms, covenants, agreements, and conditions set forth in Exhibit C, attached hereto and made a part hereof. 3. Prior to release of the final plat, Owner agrees to submit to the City for review, and obtain the City's approval of the following: A. To the City Engineering Department: I3S1 1. Detailed information regarding sewer main, water.. main, and storm sewer calculations. 2. A revised grading plan showing the following slopes sodded and staked: a) the western ridge (rear of Lots 8, 9, and 10) b) adjacent to Edenvale Boulevard (rear of Lots 6, 7, 8, 9, and 10), and c) the eastern property line (rear of Lots 4 and 5). B. To the Planning Department: 1. A plan showing of the eight .(8) significant trees 12 inches or larger, as determined by the City Forester, which will be lost with development. Said plan shall indicate the location and type of said trees and a replacement plan, replacing said trees caliper inch per caliper inch. 2. A revised landscaping/screening plan showing grading limits, areas to be sodded and staked, and erosion control measures. 13(.0 Edenvale 17th Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-130 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE 24-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 24-83 was adopted and ordered published at a regu l a r 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 EDE N PRAIRIE: A. That the text of the summary of Ordinance No. 24-83, 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. 24-83 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. Nblfgang H. Penzel, Mayor ATTEST: Jan D. Fiane, City Clerk Edenvale 17th Addition The following is the full text of the City of Eden Prairie Ordinance No. 24-83, 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. 24-83 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, 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 RM-6.5 District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is removed from the Rural District and shall be included hereafter in the RM-6.5 District, and the 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 Equitable Life Assurance, a Massachusetts corporation, and the City of Eden Prairie, which Agreement is hereby made a part hereof. Section 6. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 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: 1%1 Summary of Developer's Agreement: Edenvale 17th 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. Submission of plans regarding sewer, water, and drainage to Engineering Department. 2. Submission of grading plan showing slopes sodded and staked. 3. Submission of a tree replacement plan showing all significant trees 12 inches or larger, as determined by the City Forester, which will be lost with development. Said plan shall indicate the location and type of said trees and a replacement plan, replacing said trees caliper inch per caliper inch. 4. Submission of a revised landscaping/screening plan showing grading limits, areas to be sodded and staked, and erosion control measures. 5. Submission to the City Engineer of a development Plan for the land. 6. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 7. Developer's warranty of title to the land. 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 construction, maintenance, preservation, and restoration. 9. 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. 10. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 11. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. 12. Application of the Developer's Agreement to transferees of the land. 13. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 14. Notice to the City's cable franchise. NOTICE: A printed copy of this ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. ADOPTED by the Eden Prairie City Council on , 1983. John D. Frane, city Clerk Uottgang II. renze , Mayor • MEMORANDUM TO: Carl J. Jullie, City Manager FROM: Chris Enger, Director of Planning DATE: June 30, 1983 SUBJECT: Northmark 4th Addition—Zoning Ordinance At their meeting of June 7, 1983, the Council .held a hearing on the Zoning Amendment proposed for this project. At that time no action was taken On a first reading Of an ordinance for this project. At the advise of the City Attorney, an ordinance has been prepared and Council is asked to accept the first reading of this ordinance at its July 5, 1983 meeting. The second reading, along with the attendant developer's agreement for the project,. are tentatively scheduled for the July 19, 1983 meeting of the Council. 130 1 3C, t-1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-158 RESOLUTION APPROVING THE PRELIMINARY PLAT OF LAKE RILEY ESTATES FOR LEN SWEDLUND & REPUBLIC SUPPLY COMPANY BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Lake Riley Estates for Len Swedlund & Republic Supply Company, dated April 19, 1983, of 14.0 acres for three lots, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the day of 1983. Wolfgang N. Penzel, Mayor ATTEST: John D. Frane, City Clerk MINUTES EDEN PRAIRIE PLANNING COMMISSION • Monday, June 6, 1983 City Hall, 7:30 p.m. MEMBERS PRESENT: Chairman Bearman, Virginia Gartner, Robert Hallett, Dennis Marhula, Ed Schuck, Hakon Torjesen MEMBERS ABSENT: Stan Johannes IV. DEVELOPMENT PROPOSALS A. LEN SWEDLUND & REPUBLIC SUPPLY COMPANY. Request for Pre- liminary Plat of 14 acres into three (3) lots of approximately 4.6 acres for single family detached homes. Location: South of Riley Lake Road and east of the Carver/Hennepin County boundary. A continued public hearing. At its meeting of May 23, 1983, the Planning Commission continued this item pending information regarding the status of the final plat in the City. Planning Staff reported that, according to the Engineering Department, the final plat had never been placed on an agenda and that no final plat was submitted in a completed form for City review. Greg Frank, McCombs-Knutson Associates, representing the proponent, reviewed the contents of a letter submitted to the City, dated June 1, 1983, responding to the concerns of the Commission at the /KS Planning Commission Minutes 2 June 6, 1983 previous meeting regarding setting of precedent with respect to the variance to lot size requested by the proponent. Dennis Howly, 6430 Undestad, asked if the lots proposed would be the only lots in the area. Staff responded that they were not and pointed out the other subdivisions in the vicinity. Torjesen stated that he felt the circumstances warranted special consideration of the request of proponent. MOTION 1: Motion was made by Torjesen, seconded by Gartner, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Torjesen, seconded by Gartner, to recommend approval of the request of Len Swedlund and Republic Supply Company for preliminary plat of 14 acres into three (3) lots, located on the northeast side of Lake Riley, based on the findings of the Staff Report of May 20, 1981, due to the unique circumstances involved with this project. Marhula questioned whether the land was located outside of the Metropolitan Urban Service Area. Staff stated that it was. He also questioned whether this project would adversely affect the adjacent development in the City of Chanhassen. Mr. frank stated that it would not. He added that, should there come a time when sewer and water would be necessary for this site, it would likely come from the existing Chanhassen development. However, it would not be a problem to add these three lots to the existing capacity of Chanhassen's sewer and water in this area. Motion carried--3-2-1 (Gartner, Marhula, and Torjesen in favor; Chairman Bearman and Schuck against; Hallett abstained) Planning Commission Minutes 4 May 23, 1983 D. LEN SWEDLUND & REPUBLIC SUPPLY COMPANY. Request for Pre- liminary Plat of 14 acres into three (3) 'lots of approximately 4.6 acres for single family detached homes. Location: South of Riley Lake Road and east of the Carver/Hennepin County boundary. A public hearing. Mr. Greg Frank, proponent's engineer, reviewed the request for preliminary platting of three lots. He explained the history behind the request, noting that it had been before the Commission in 1980 In exactly the same configuration. At that time, approvals had been received for the preliminary plat from the Planning Commission, and proponent was to proceed to the Board of Appeals with variance requests for the lot size, which, at that time, was a five-acre minimum in the Rural District. Due to personal circumstances Involving financial difficulties affecting the property, the final platting process was never completed. Only at this point in time have these circumstances been cleared; therefore, proponent is back before the City. Mr. Frank stated that it was proponent's position that the circumstances surrounding this project were unusual and to grant such a request at this time, even though not in conformance with the existing Code, would not be precedent setting because of the unusual circumstances. Mr. Frank stated that the addition of these lots would not create a need for the extension of utilities to the site. Staff reviewed the findings of the Staff Report of May 20, 1983, recommending denial based on those findings. It was suggested in the Staff Report that proponent return with a proposal revised to include two, instead of three, lots. Planner Enger pointed out that the major consideration was that of compliance with City Code requirements, combined with the fact that the project was initiated in 1980, three years ago, and was never pursued further than preliminary platting in those three years. Torjesen stated that he found the arguments of the proponent pursuasive, especially regarding the inability of filing of a final plat due to the personal financial circumstances of the proponent. He added that he felt it would be important to know the final disposition of the final plat in terms of the City in order to make a decision on this proposal. Torjesen questioned the normal chain of events for approval of a final plat. Staff responded that the final plat was normally filed within six months of the approval of the preliminary plat. This was required by the Subdivision Regulations of the City Code. It was pointed out that this requirement was not strictly enforced; however, if and when proponent's required additional time, they generally would contact Staff for time extension on this requirement. Torjesen questioned what made this project different. Planner Enger /3(0a/ Planning Commission Minutes 5 May 23, 1983 stated that the requirements of the Code had changed. In addition, the developer had not been in contact with the City regarding an extension. Len Swedlund, one of the proponent's, stated that he was unaware of the change in the Code until he had recently reapplied for approval of the project. MOTION: Motion as made by Marhula, seconded by Torjesen to continue the public hearing to the June 6, 1983 meeting pending resolution of the status of the final plat at the City based on the 1980 application for this preliminary plat. Motion carried--4-0-0 JON 3803 McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS • LASS SURVEYORS • PLANNERS Reply To 12800 Industrial Park *Boulevard Plymouth, Minnesota 55441 16121 859-3700 June 1, 1983 Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Subject: lake Riley Estates Republic Supply Company Eden Prairie, Minnesota File #5519 Dear Mr. Enger: The purpose of this correspondence is to provide additional information on the subject project which was not available at the May 23 meeting of the Plan- ning Commission. First, the date of the initiation of foreclosure/bankruptcy proceeding on the property was August 4, 1980, while the preliminary plat application was submitted to the City on August 11, 1980. Second, our records indicate that the Final Plat was never signed by the City of Eden Prairie. Third, we understand that, based on your research, there are no other pre- liminary plats that were approved prior to the new codification of the City's ordinances that have not been filed for recording. That is, this project is unique in that it represents the only preliminary plat in Eden Prairie that was approved when the minimum lot size in the rural zoned areas was five acres that has not been recorded. Fourth, we also understand that your research indicates that there have been final plats approved in Eden Prairie that were filed as long as two years after approval of the preliminary plat. printsd on ovryc'04 1 PoPe. /30 ASSOCIATES, INC. CCUMBS;RII or' 3. Frank, P.E. Vice-President Mr. Chris Enger June 1, 1983 Page Two Finally, as we discussed, we indicated that because of the bankruptcy tha t was underway regarding the project site, It is doubtful that the final pla t could have peen recorded. That is, a cloud existed on the title and a resolu- tion on this matter may have not been achievable until the completion of t h e foreclosure proceedings, which occurred in Feburary, 1983. We recognize th a t this is not the responsibility of tne City of Eden Prairie, but we mention i t as one of the contributing factors to the uniqueness of this project. If you should have any questions; please contact me. Very truly yours, GJF:sj cc: Len Swedlund Rita Lukes 1376 prIntod on invoto wow STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning PROJECT: Riley Estates DATE: May 20, 1983 APPLICANT & FEE OWNERS: Len Swedlund and Republic Supply Company LOCATION: Northeast side of Riley Lake REQUEST: 1. Platting of a 14-acre parcel into three parcels 2. Variance from minimum 10-acre lot size in Rural District (Board of Appeals) 3. Side yard setback variance for three buildings (50 ft. minimum required) to 30 ft. (Goard of Appeals) Background The proponent gives a partial history of the project back several years in his development brochure dated April 14, 1983. The developer had previously applied for platting of this property in August, 1980. The City had granted preliminary platting of the property into three lots and the Board of Appeals had also granted variances to allow the lots to be slightly under five acres in size. In 1980, the minimum size lot in a Rural District was five acre. • Subsequent to that time, the developer did not proceed with the final plat or proceed with the development, and, therefore, did not utilize the variance approvals within the required one-year limitation as outlined by City Code. In addition, the City, in 1982, revised the City Ordinances in the codification process and adopted a new Rural lot size minimum of ten acres, rather than five acres. The purpose of this new ten-acre limitation was three-fold: 1) To reduce pressures and need for premature extension of public services into the Rural areas of the community. 2) To more adequately protect the Rural life-style of the community outside of the Metropolitan Urban Service Area line. 3) To be utilized as a tool in protecting significant natural resources such as lake shore, slopes, forested areas in our non-sewered areas. Since the developer did not proceed with his approvals in 1980, these approvals have now expired and the new request falls under the new Eden Prairie City Code. Ir I Riley Estates Staff Report 2 May 20, 1983 The proposal occurs on the north side of Lake Riley on a wooded hill, is outside of the Metropolitan Urban Service Area line, and is likely to be without Citylervices for at least ten years. RECOMMENDATIONS: The Staff recommends denial of the request for preliminary plat of three, lots of a 14-acre parcel of property in the Rural District for the following reasons: 1. The request is not in conformance with the minimum ten-acre lot size for a Rural District and a variance from this ten-acre minimum down to under five acres would create a dangerous precedence for other requests in the Rural area. 2. The proposal is not in conformance with the Shoreland Management Act. 3. There is nothing specifically unique to this parcel, which causes a physical hardship by virtue of the land. 4. It requires more than a'100% variance from City Code. S. The area is outside the Metropolitan Urban Service Area line and approval of smaller than five-acre lots would set a precedent for continued pressure for extension of public services into a Rural area. The Planning Staff would suggest, however,, that the proponent return to the City with a proposal for no more . than two lots for consideration of platting and variances as this request would be much closer to the requirements of the City Code and could be considered a reasonable treatment of the property owner in view of the past circumstances relating to the property. ADOPTED by the Eden Prairie City Council on July 5, 1983. I D& Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, Clerk SEAL July 5, 1983 CITY OF EDEN PRAIRIE . HENNEPIN COUNTY, MINNESOTA . ' RESOLUTION NO. 0.153 • RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS AND SPECIFICATIONS FOR SHADY OAK UTILITIES WHEREAS, a resolution of the City Council adopted the 7 day of June fixed the 5 day of July 19 83 as the date for a public hearing on the following proposed improve m e n t s . I.C..52-049, Shady Oak Utilities. WHEREAS, ten days published notice of the Council hearing through two weekly publications of the required notice was gi v e n and the hearing was held on the 5th day of joy 19133 at which all persons desiring to be heard were given an oppo r - tunity to be heard thereon, • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CI T Y OF EDEN PRAIRIE: 1. Such improvement is hereby ordered as proposed in the Council resolution adopted the 5 day of my • , 198,2 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and specifications for the making of such improvement. Planning Commission Minutes 2 June 6, 1983 B. JAMES REFRIGERATION. Request for Zoning from Rural to Office for 2.16 acres for an office building. Location: Southwest corner of Shady Oak Road and Highway #169. A public meeting. Charles James, proponent, reviewed the proposal with the Commission, explaining significant site and design features of the project. Planner Enger reviewed the Staff Report of June 3, 1983, regarding the proposal and pointed out the variances requested by proponent as part of the project. Staff explained that this was an unusual site to deal with as it had three street frontages and, therefore, three front yards. The variances requested included building height of greater than 30 ft.; number of parking spaces required for the ISM Planning Commission Minutes 3 June 6, 1983 square footage of the structure--14 spaces short of required amount; and, front yard setbacks for structures. Planner Enger stated that one of the recommended conditions of approval was the addition of pedestrian access from the site to the Intersection of Bryant Lake Drive and Shady Oak Road. Hallett asked if the parking spaces eliminated by the removal of the western 12 ft. wide bank drive-out area could be made up anywhere else on the site. Planner Enger stated that he did not feel that they could. Chairman Bearman questioned when the requirement for 8 parking spaces per 1,000 gross sq. ft. of floor area for banks was initiated. Planner Enger stated that it had been in effect for many years. Tim McCoy, architect for proponent, stated that the mechanical equipment for the building had not yet been completely designed; however, it was their intention to place the mechanical equipment within the ceilings of the structure. The Commission asked Mr. James about his intentions for use of the building. Mr. James responded that, other than the bank, his firm was the only other confirmed tenant at this time. It was his intention tc use the top floor of the structure as office space for Integral Refrigeration Systems, one of the firms he headed. At this time, he had less than ten employees, but he wanted to reserve the remainder of the top floor for growth of the company. His firm built and designed grocery and small convenience stores. This construction function would be staying in another location. Mr. James stated that he was comfortable with the amount of parking provided on the site. He added that, as the building owner, he did not want to be in the position of creating a situation whereby his tenants would have cause to complain about parking. Torjesen stated that he felt the project was attractive and that the land use for this parcel was appropriate. However, he stated concern that the site was "too tight" for the volume of the use proposed. Torjesen asked if the site could be scaled down to avoid the need for any of the variances requested. Mr. James responded that it would be rather difficult to do at this time. He stated that he felt the variances requested were justifiable based on the unusual circumstances of having three front yards to the site based on the three street frontages and the unusual shape of the parcel caused by the right-of-ways for the roads. Mr. James pointed out that one of the variances required for front yard setback was a situation where the parking lot "knicked" the setback with a corner of the parking area. Hallett questioned City policy regarding Cash Park Fees for such a project. Staff responded that the project would be charged (3')S Planning Commission Minutes 4 June 6, 1983 $1,400.00 per acre per City Code. Schuck asked Mr. James to explain the economics of removing.a floor from the building. Mr. James stated that the parking structure was an extremely expensive proposition for any developer. For example, an asphalt surfaced parking lot would cost approximately $2-300 per parking space. For a parking structure such as this, the cost was closer to $4,000 per parking space. Mr. James stated that it was necessary for him to be able to recover the cost of construction of the ramp by having adequate rental space available within the building. Mr. James suggested that the City consider effective striping of the parking lot to allow for smaller spaces, designated for compact cars only. On his site, this would add several parking spaces. Staff confirmed that eight spaces would be picked up by such a striping method. Marhula questioned whether the amount of right-of-way for the roads in this area was excessive. Staff responded that it was greater than required by Code. Marhula stated that he felt this should be kept in mind in viewing the site. He stated that the amount of right-of-way gained along Bryant Lake Drive alone would create a situation where no setback variance would be necessary from this frontage. Schuck stated that he felt the magnitude of the variances requested was not significant, but was justified based on the case presented by proponent. Torjesen expressed concern for the height of the structure. Mr. James pointed out that each successive floor was smaller than the one below it by the design. The site coverage was below the maximum allowed by Code. He stated that the building was designed in this manner to allow for use of the ground area for parking space purposes, and even with that, and the parking structure, it was still difficult to design the site with the required amount of parking spaces. Chairman Bearman asked for questions and comments from members of the audience. Jerry Steelman, 6601 Golden Ridge, stated that he would prefer to see at least one story eliminated from the structure. He added that he felt the building was attractively designed and felt the use would provide a good neighbor for the existing residents. Janet Gehereke, 6622 Golden Ridge, stated that she, too, felt the structure was an attractive one, but felt that it should be required to meet all Code requirements. Curtis Knutson, 6511 Undestad Street, asked how the mechanical equipment would be handled. Mr. McCoy, proponent's architect, explained the procedure for placing the equipment within the Planning Commission Minutes 5 June 6, 1983 ceilings of each floor. He pointed out that this added to the height of each floor, as an alternative to placing all such equipment on top of the building in view. Mr. James stated that he felt the City could appreciate the difficulties involved in designing a structure to fit such a site with the physical constraints involved due to the roads. He stated that he felt every effort had been made by his designers to prepare a project that would fit the Code requirements as much as possible. Chairman Bearman stated that there were many examples in the City where the number of parking spaces required was in excess of the needs of the uses within the structures. He suggested that perhaps the time had come for the City to review the parking requirements for various uses. He pointed out that the City of Minnetonka, for example, required much less in terms of parking spaces for such uses and appeared to be having no problems with a lesser requirement. Gartner stated that she felt proponent had a difficult site to deal with and had prepared an attractive project for the site. MOTION: Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the requested zoning from Rural to Office for office use for James Refrigeration, per written materials dated May 3, 1983, and plans dated May 6, 1983, subject to the recommendations of the Staff Report of June 3, 1983, and the addition of the following conditions: #8. Parking lot lighting shall be down-lighting, no more than 20 ft. in height, with cut-off luminars; and #9. No mechanical equipment shall be located on the roof of the structure. Hallett stated that he would like proponent to consider an overpass, if necessary, for pedestrian traffic if traffic patterns in the area so indicated. Torjesen stated that he still had concerns that the site was too tightly designed and could be scaled down to meet Code. Motion carried--4-2-0 (Hallett and Torjesen against) Mr. Wolfgang Penzel, Mayor City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 Dear Mr. Mayor, This letter is to inform you that the developers of the Prairie Oaks Project have shared their plans with me for development of the parcel directly across the street from the Wooddale Baptist Church property (Bryant Lake Drive and Shady Oak Road). Personally, 1 am delighted with the prospect of such a fine building being constructed across from our church site. This letter is to indicate that we have communicated with the Prairie Oaks Project developer our willingness to mutually use each other's parking lots. This would make available additional parking for church use on weekends and evenings, plus make church parking available to the tenants of the Prairie Oaks Project during normal working hours. Sincerely, Leith Anderson Pastor LWel cc: Charles W. James James Refrigeration Company P.O. Box 24137 Minneapolis, MN 55424 0 ( n,_ Leith C Anderson. Pastor_...) STAFF REPORT . TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: June 3, 1983 PROJECT: James Refrigeration LOCATION: Southwest corner of Shady Oak Road and Highway #169 APPLICANT: James Refrigeration FEE OWNERS: Roy and Amelia Olson REQUEST: Zoning from Rural to Office for 2.16 acres for a 38,000 sq. ft., five-story office building Land Use The Comprehensive Guide Plan is not of a scale which specifically calls out the land use designation for this parcel. It shows up as undesignated on the Comprehensive Guide Plan. However, the parcel is bounded on the north by a major collector road, Shady Oak Road, and an office/commercial land use in the City West Planned Unit Development. The land use to the west is a forty-acre regional church site for Wooddale Baptist Church and the property to the east is industrial with #169 also on the east. Since the parcel is pointed, there is no adjacent land to the south. Further south is land between old #169 and new #169 owned by the Minnesota Department of Transportation. The Planning Staff feels that the office land use proposed is appropriate and consistent with the Comprehensive Guide Plan. The existing zoning on the property is Rural. The land is not within the Shoreland, Floodplain, nor does it require an Environmental Assessment Worksheet. If the project is approved as proposed, it will require variances from the Board of Appeals building height (approximately 50 ft., rather than the 30 ft. allowed), less parking spaces are proposed than are required by Code; and front yard setback variances for parking and structures for the parking ramp. Site Plan A 38,440 sq. ft. building, five stories in height, is proposed on a 94,612 sq. ft. site, bringing the floor area ratio to 0.41. The site coverage by the building proper is 12% and the site coverage by the parking deck is 29%. The amount of building coverage in relationship to the site is relatively low for this type of use. In many cases, building coverage in the Office District approaches 30%. The design solution of going up a number of stories is appropriate for this site because of the extraordinary constraints of having front yard setbacks from three separate road frontages. 13'11 James Refrigeration Staff Report 2 June 3, 1983 There is no significant existing vegetation on the site, and the existing home and outbuildings will be removed with development of the site. Because of the site's relatively low topographic relationship with the surrounding roads, it is possible to develop a two-tier parking situation. The proponent represents that the front yard setback variances and the height variances, as well as the parking variances are necessary for this program to work a the site of such constraint. Water and sanitary sewer service would be connected under Bryant Lake .Drive to existing mains lying on the west side of the road. Storm sewer for the entire project would run into the #169 ditch. The proponent has met with the Watershed District Staff regarding this, and it is possible that sedimentation or detention structures will be required, but that the ultimate drainage to the #169 ditch is acceptable. Access to the site is from Bryant Lake Drive and the northern most access occurs approximately 200 ft. south of the intersection of Shady Oak Road and Bryant Lake Drive. The southern access occurs approximately 540 ft. south of the intersection of Shady Oak Road and Bryant Lake Drive. The proposed access for the Wooddale Baptist Church occuring on the west side of Bryant Lake Drive occurs approximately 390 ft. south of the intersection of Shady Oak Road and Bryant Lake Drive. This will off-set the northern drive of Wooddale Baptist Church 190 ft. further south than the northern drive of this use. This is an acceptable distance and access as proposed is acceptable. On-site circulation provides for bank parking and the bank drive-through, as well as the upper level parking being accessed from the northern drive. The lower level parking would be accessed from the southern drive, only, and would be a one-way system through the lower level of the parking area, hence the separated drive entrance to Bryant Lake Drive. The 12 ft. drive on the west side of the building, immediately adjacent to the western property line, which will be utilized as the drive-out area for the bank, should be eliminated, as it occurs completely within the front yard setback and allows no opportunity for landscaping, which would provide screening for the at-grade parking lying west of the building. The drive- out from the bank drive-through would then have to occur through, the small at-grade parking area west of the building. The right-of-way proposed by this project for Bryant Lake Drive and Shady Oak Road is sufficient. There will be 40 ft. of right-of-way from the centerline of Shady Oak Road and between 60 and 68 ft. of right-of-way existing on the east side of Bryant Lake Drive. Since commercial services are expected north of this project in the City West area, the developer should provide pedestrian access from this office building to the Intersection of Shady Oak Road and Bryant Lake Drive. Setbacks The project depends upon a parking deck to accommodate the amount of square footage of building being proposed. This parking deck is a structure, rather than simply a parking lot, and, hence, is governed by the setback requirements for a structure. On the M169 side of the project, the parking structure is within 17.5 ft. of the lot line, and is required to be 35 ft. from the lot line. On the west side of the parking structure, along the Bryant Lake Drive right-of-way the parking structure is also required to be 35 ft. from the lot line, and is within 17.5 ft. of the lot James Refrigeration Staff Report 3 June 3, 1933 line. The northern portion of the parking lot, which is not part of the parking structure, would be required to be 17.5 ft. from the lot line and is 9 ft. from the lot line. In order to bring the entire project into conformance with the Code, 38 parking spaces would have to be eliminated out of the total 190 provided. This ' would support approximately a 30,000 sq. ft. office building, or a 28,000 sq. ft. office building, which contained a 4,000 sq. ft. bank. The Planning Staff feels that the general approach to this site by the proponent is correct; however, according to our Code, for this type of building, the requirement for parking would be 5 spaces per 1,000 sq. ft. for office and 8 spaces per 1,000 sq. ft. for bank. That would be a total requirement of 204.5 parking spaces, when 190 spaces are provided. The Suburban National Bank main office in Eden Prairie was approximately 11 parking spaces short of the Code requirement for their building, which was a combination office and drive-in bank. That request was granted, however, because of the additional land that Suburban National Bank owned adjacent to the site, and because of the overflow parking possibilities available with the shopping center adjacent. However, the Banco Northwestern Bank, now known as Norwest, in Eden Prairie, had a parking requirement of 48 spaces and actually built 60 spaces. The Planning Staff feels that because there is no possibility to increase the parking on this site if the parking provided is not adequate, that the Code ought to be complied with in terms of number of spaces. Anther item for the Planning Commission's consideration would be the appropriateness of the site plan with the variances required along the Bryant Lake Drive side of the property. The parking proposed within 9 ft. of the lot line should probably be modified to conform to a 17.5 ft. setback, and if the parking structure were also modified to conform to a 35 ft. setback, the number of parking spaces that would be lost would approximately 14. This would put the proponent 28 spaces shy of the Code requirement, which would translate into approximately 5,600 sq. ft & of office space that would need to be reduced in order for the parking not to be required. An alternative to reducing this parking would be heavy landscaping of the corners of the parking structure to mitigate their visual distance to the road, which, in combination with the parts of the parking structure that are in well in excess of 35 ft. from the road, could be a mitigative measure that would be sufficient to allow the parking to be constructed as shown. RECOMMENDATIONS If the Planning Commission feels that modification is necessary to the site plan in order to bring it into conformance with the Code, returning this item to the developer for such action would be appropriate. If the Planning Commission feels that the development as proposed is appropriate, the Planning Commission should recommend approval to the City Council of the rezoning from Rural to Office District for 2.16 acres of property subject to the following: 1. The western 12 ft. wide bank drive-out area should be eliminated in order to provide adequate area for screening of the western parking lot. 2. Variances for height, number of parking spaces, front yard setbacks, would all be required from the Board of Appeals. 871 James Refrigeration Staff Report 4 June 3, 1983 3. A landscaping plan, which heavily buffers the western and easte r n s i d e s o f the parking deck area from the adjacent roads should be submi t t e d t o t h e City for review prior to Council action. 4. A pedestrian access from this site to the intersection of Bryant L a k e D r i v e and Shady Oak Road should be provided subject to approval by the C i t y S t a f f . 5. Exterior material of the office structure and parking deck i s s u b j e c t t o review and approval by the City. 6. The Cash Park Fee of $1,400 per acre is applicable to this prope r t y . 7. Prior to any construction on the property, proponent must obt a i n a p p r o v a l from the City and Watershed District. ATTEST: John D. Frane, City Clerk CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-159 RESOLUTION APPROVING THE PRELIMINARY PLAT OF REMBRANDT RIDGE ESTATES FOR NEIL A. LEWIS ASSOCIATES BE IT RESOLVED, by the Eden Prairie City Council as follows: That the preliminary plat of Rembrandt Ridge Estates for Neil A. Lewis Associates. ' dated May 26, 1983, of 10.0 acres for 19 single family 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 1983. day of Wolfgang H. Penzel, Mayor N. Nelson Associates Inc. 1460 93rd Lane N E. Blaine, MN 55434 (812) 784-7390 June 7, 1983 Mr. Eugene Dietz City Engineer City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Rembrandt Ridge Estates Dear Mr. Dietz: This proposed residential plat was considered and approved at the June 6th Planning Commission meeting. Several residents asked questions regarding the impact of this development on their drainage problems. The planning commission indicated it would be appropriate for them to address their concerns to you. The concerns covered both surface and subsurface water problems in the surrounding areas. Two or three residents some distance away indicated they have excessive ground water to pump out of their basements. This development would not affect them in my opinion. The owner of the undeveloped land directly to the south questioned the availability of storm sewer, to his property. We are proposing .... an 18" line to the edge of the property at a depth that is reasonable. He also mentioned an easement for drain tile across the Rembrant Ridge site. I'm not sure what this is about, but he will certainly be able to connect to the new storm sewer if he wIshes providej he can retalh sediu.tuc O. his site. You will note that a significant portion of our site that flows into the storm sewer system is being detained in the drainage easement on lot 6, block 2. I recommend that as the property to the south develops, they also provide detention ponding. Several residents of the Chatam Wood development backing up to this project were present. Mr. Richard Sampson, owner of lot 3, block 4, expressed concern about the existing 21" inlet and potential erosion on his property. The current situation is not ideal because of the steep topography involved, and he would like to see this improved if possible. I spoke to Mr. Sampson about this after the meeting and feel that with his cooperation, we can improve the situation with our connection. Our plan indicates a connection and inlet with a berm to contain stormwater. It may be advantages to re-do the upper sections of this 21" by installing a vertical bend and providing more cover I 3 iS Mr. Eugene Dietz City cf Eden P . 'Ale June 7, 1983 Page 2 over the pipe. We can meet on site to discuss this in detail . if requested. One or two other residents of Chatam Wood backing ui) to this project stated that they have problems with surface water from the rear. I would expect the cause to be one of in- adequate drainage swales to direct the water around and away from their houses. The proposed development would have no affect one way or another on this. Please contact us if you need futher information or have any questions regarding this development. Sincerely yours, Roger -W. Nelson, P.E. cc: Richard Sampson Chris Enger R. Nelson Associates Inc. 1480 93rd Lane NI. Blaine, MN 55434 (812) 784-7390 June 7, 1983 . Mr. Chris Enger City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Rembrandt Ridge Estates Dear Chris: The staff review of this project submitted to the Planning Commisssion on June 6th indicated lot 4, block 2 was short Of the required 85' frontage. Please note that the road frontage is 81' on the curve and 10' on the tangent. Also, it is my understanding that the City has submitted plans to the 'watershed and that comments or approval is forthcoming. I must add that we are very pleased with the timing and manner in which this project has been handled and reviewed by the City and staff. Please contact us if there are any questions or a need for additional information on this project. Sincerely yours, Roger W. Nelson R. Nelson Associates Inc. 1460 93rd Lane N.E. Blaine, MN 55434 (612) 784-7390 May 13, 1983 Mr. Chris Enger, City Planner City of Eden Prairie 8950 Eden Prairie Road Eden Prairie, MN 55344 RE: Neil A. Lewis Plat Dear Chris: We have enclosed three sets of the preliminary plat for distribution and review. It is our understanding that on May 20th we are to submit 32 sets for the Planning Commission meeting. We solicit any preliminary comments you may have so we can incorporate these into the drawings to be submitted next week. • We are requesting two variances on this plat. First, the cul-de-sac length exceeds the 500' maximum. Our reason for this request is that the cul-de-sac can be eliminated when the property to the south develops and the looping of this street is completed. Second, a variance of the City Code Section 11.03, Subd. 3, Item C, is requested relating to Lot 4, Block 1. We feel the house on this lot should be situated to overlook the natural ridge in line with the other houses on the east side of this plat. We feel the physical continuity of this house site is preferable to maintaining a 30' front setback distance. There appears to be no negative impact on adjacent home sites on or out of this plat. I am not sure what the reason for this City Code is, so please advise us if it is applicable in this case. Please feel free to contact myself or Neil with your comments or questions. Sincerely yours, id. 74, Roger W. Nelson, P.E. cc: Mr. Neil A. Lewis Minutes - Parks, Re k ation & Natural Resources Commission -3- une 20, 1983 B. Reports of Staff 1. Development Proposals a. Rembrandt Ridge Estates Addition Lambert spoke to his memorandum of June 16, 1 9 8 3 , w h i c h w a s a Supplementary Staff Report of the June 3, 19 8 3 , P l a n n i n g S t a f f Report on Rembrandt Ridge Estates Addition. H e n o t e d t h e P l a n n i n g Commission had approved the proposal and that the major c o n c e r n o f the Parks, Recreation & Natural Resources C o m m i s s i o n s h o u l d b e t h e trail requirement. MOTION: Kingrey moved, seconded by Schwartz, to recommend approval of the proposal subject to the recommendati o n s i n c l u d e d i n t h e June 3, 1983, Planning Staff Report and the S u p p l e m e n t a r y S t a f f Report of June 16, 1983, with the provisio n t h a t a n 8 ' a s p h a l t hikeway/bikeway be constructed along the e a s t s i d e o f 1 6 8 t h S t r e e t from the intersection of North Manor Road s o u t h t o t h e p r o p e r t y line of Rembrandt Ridge Estates Addition -- a n d w h e n t h e p r o p e r t y to the south is developed, the 8' asphalt bi k e w a y w i l l b e l i n k e d tO the existing trail. Motion carried unani m o u s l y . MEMORANDUM TO: Parks, Recreation and Natural Resources Commiss i o n FROM: Bob Lambert, Director of Community Services .."0". DATE: 'June 16, 1983 SUBJECT: Supplementary Staff Report to the June 3, 1982 P l a n n i n g S t a f f . Report on ReMbrandt Ridge Estates Addition This site will be developed into large single f a m i l y l o t s r a n g i n g f r o m 1 4 , 3 0 0 square feet to 44,600 square feet. The site p l a n d e p i c t s a m i n i m u m a m o u n t o f grading required to install the street servi n g t h e s u b d i v i s i o n . S o m e w i l l o w s and basswoods will be lost to this grading; ho w e v e r , t h e v a s t m a j o r i t y o f t h e significant trees on this site will be preserv e d . The only park, recreation and natural resource i s s u e n o t a d d r e s s e d b y t h e J u n e 3 Planning Staff Report is the trail requireme n t . A n 8 ' a s p h a l t h i k e w a y / b i k e w a y his been installed along the east side of 168th Str e e t f r o m D u c k L a k e T r a i l n o r t h , adjacent to the existing development. A 5' con c r e t e s i d e w a l k h a s b e e n i n s t a l l e d along the east side of 168th Street from Whitti n g h a m W a l k s o u t h , t h e l e n g t h o f one lot. The Community Services Staff would re c o m m e n d t h a t a 5 ' c o n c r e t e s i d e - walk be installed on the east side of 168th Str e e t f r o m t h e i n t e r s e c t i o n o f N o r t h Manor Road, north to the.existing sidewalk. Th e r e i s a n e x i s t i n g r e t a i n i n g w a l l along the west side of 168th Street along this s e c t i o n t h a t w o u l d p r o h i b i t • construction of an 8' asphalt bikeway however, i t w o u l d a c c o m m o d a t e a 5 ' c o n c r e t e sidewalk. Staff would further recommend that a n 8 ' a s h p h a l t h i k e w a y / b i k e w a y b e constructed along the east side of 168th Stree t f r o m t h e i n t e r s e c t i o n o f N o r t h Manor Road south to the property line of Remb r a n d t R i d g e E s t a t e s A d d i t i o n . W h e n the property to the south is developed, the 8' a s p h a l t b i k e w a y w i l l b e l i n k e d to the existing 8' trail. This 8' wide stretch of bike trail will provide s a f e p e d e s t r i a n a n d b i c y c l e a c c e s s from the areas to the east/west and north of 168 t h S t r e e t , ' s o u t h t o D u c k L a k e T r a i l . The Community Services Staff recommends approva l a s p e r t h e J u n e 3 P l a n n i n g S t a f f Report with the following addition: 3. The proponent shall construct an 8' asphalt b i k e w a y a l o n g t h e e a s t side of 168th Street from the south property l i n e t o t h e i n t e r s e c t i o n of North Manor Road, and a 5' concrete sidewal k a l o n g t h e e a s t s i d e o f 168th Street from the intersection of North Ma n o r R o a d t o t h e n o r t h property line. ' BL:md 16'0 STAFF REPORT • TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner THOUGH: Chris Enger, Director of Planning DATE: June 3, 1983 PROJECT: Rembrandt Ridge Estates Addition LOCATION: East of 168th Avenue and South of Chatham Woods APPLICANT: Neil A. Lewis and Associates FEE OWNER: Myron Roeder REQUESTS: 1. Zoning from Rural to R1-13.5 2. Preliminary Plat of 10.4 acres for 19 lots Background/Land Use The present zoning for the parcel is Rural. The Guide Plan depicts low density residential for the site and the adjacent parcels. Existing Site Character The site is bordered on the north by Chatham Woods, an R1-13.5 residential development; on the south by a rural farmstead; on the east by Timber Creek, a proposed residential Planned Unit Development; and on the west by Coachlight Manor, an established R1-22 residential development. The legal description places the west property line at the centerline of West 168th Avenue. The 10.4 acres is currently platted as two 5+ acre lots. A home exists within the northeast corner of the site. The structure will be saved and platted as a component of the overall site plan. The western portion of the site slopes gradually from 1-8%. The eastern portion of the site is characterized by rolling terrain with grades ranging from 5-40%. Drainage for a majority of the site runs to a centrally located swale, which drains to the north. In the northern and eastern area is a wooded ridge line, which drains off-site to the east at a 35% grade. Tree masses of basswood, ash, and oak are found along the ridge line, swale, north central, and southeast sections of the site. The remaining portion of the site is in meadow grasses. The soil conditions are conducive to development. 13:1 0 Rembrandt Ridge Estates 2 June 3, 1983 Ordinance Requirements All lots meet or exceed the minimum lot size, width, depth, and setback requirements with the exception of Lot 4, Block 2, which does not conform to the corner lot width requirement of 85 ft. Following is the proposed lot area information for the project: Minimum lot size: Maximum lot size: Lot size range: 14,300 sq. ft. 44,600 sq. ft. 13,500 sq. ft. to 14,000 sq. ft. - 14,000 sq. ft. to 15,000 sq. ft. 3 15,000 sq. ft. to 16,000 sq. ft. 1 16,000 sq. ft. to 17,000 sq. ft. 4 17,000 sq. ft. to 18,000 sq. ft. 1 18,000 sq. ft. to 19,000 sq. ft. 3 19,000 sq. ft. to 20,000 sq. ft. 2 20,000 sq. ft. and over 5 Gross Density: 1.82 units per acre Slte Plan Access to the parcel would be directly across from North Manor road from West 168th Avenue. The road will continue to the east following the lay of the land and then bend to the south property line, ending with a temporary cul-de-sac. This allows for the continuation of the road to the south with future development (Figure #1). The plat reflects a right-of-way for the temporary cul-de-sac. The site layout fronts lots on both sides of this road. Three lots will front West 168th Avenue. The volume of traffic generated by the project can be handled by the adjacent road system. A minimum amount of grading is proposed. The grading plan indicates the preservation of the ridge and the northern and eastern tree masses. The existing swale will be realigned and graded, tying the on-site drainage to the storm water system. Several willows and basswoods will be lost with the grading of the swale. Water, sanitary, and storm sewer are to be placed within the street right-of-way. Both water and sanitary sewer tie to the existing mains along West 168th Avenue. The utilities will be stubbed to the south property line allowing future connections with the development of the south parcel. The storm water system ties to an existing main stubbed from Chatham Woods to this project's north property line. RECOMMENDATIONS: The Planning Staff recommends approval of zoning from Rural to R1-13.5 and preliminary plat, subject to the following: 1. Prior to Final Plat: a. The proponent shall meet with the Engineering Department with regard to water, storm and sanitary sewer. 139 I Rembrandt Ridge Estates 3 June 3, 1983 b. The right-of-way for West 168th Avenue, as indicated by the preliminary plat, shall be dedicated to the City. c. Lot 4, Block 2 shall be revised to meet the minimum corner lot width requirement. d. The cul-de-sac shall be designed and have signage per the Engineering Department specifications. e. The right-of-way adjacent to the proposed temporary cul-de-sac shall be 50 ft., typical of the proposed through-road, and easements shall be necessary from Lot 9, Block 2 and Lot 10, Block 1, for the temporary use and implementation of this cul-de-sac. f. The proponent shall receive Watershed District approval. 2. Prior to building permit issuance, proponent shall pay the required Cash Park Fee. FIGURE #1 693 Planning Commission Minutes 5 June 6, 1983 C. REMBRANDT RIDGE, by Neil A. Lewis and Associates. Request for Zoning from Rural to R1-13.5 and Preliminary Plat of 10.4 acres for 19 single family residential lots. Location: East of 168th Avenue West and south of Chatham Woods. A public hearing. Roger Nelson, proponent's engineer, presented the project for Commission consideration. He explained the features of the site and stated that the site met all Code requirements. 139q Planning Commission Minutes 6 June 6, 1983 Planner Enger reviewed the Staff Report of June 6, 1983 and reviewed the recommendations of Staff to be met regarding design detail for the project. Marhula asked if the cul-de-sac had been designed to City specifications. Staff responded that it had. Chairman Bearman asked for questions and comments from members of the audience. Bill Michaelson, 16167 Whittington Walk, stated concern for the drainage of the site and how it would affect the lots to the north. Staff responded that the detail of the storm sewer would be reviewed and dealt with by the Engineering Department before the Council review. Anita Gelderhaus, 16855 North Manor Road, stated that she, too, was experiencing storm water problems and asked that Staff review this prior to final action on the project. Curtis Knutson, 6511 Undestad, stated that even though his lot was higher in elevation than the project proposed, he was also experiencing water problems in his area. Donna Healen, 16795 Whittington Walk, asked if there ever became a point with a project where the City would state that it would not be feasible due to the costs involved. She stated that the reason for her question was that her neighborhood, Chatham Woods, had been assessed much more than the average amount due to the public Improvements projects for their area. She questioned whether this particular storm sewer project would be assessed against lots in her neighborhood. Chairman Bearman stated that this would be a decision for Council in the future, but that the developer would be responsible for the work to be done which would be required as a result of development of the project parcel. Bob Borosh, 6470 Undestad, asked who would be responsible for any mistakes made or problems caused as a result of this development. Staff responded that it would have to be determined by attorneys at the time of the situation. Bob Lund, 6501 W. 168th Avenue, questioned whether the storm sewer for this project would affect his property. He stated that his property was wet at this time. Dick Settingson, 16752 Whittington Walk, expresed concern for the storm sewer situation, also. He asked if there would be more water flowing through the area than currently. He stated that he felt the density of this project was greater than the Chatham Woods area and questioned whether it would affect his property values. He asked Mr. Nelson if covenants and restrictions would be available for review by the public in the future. Mr. Nelson stated that none were proposed. iNS Planning Commission Minutes 7 June 6, 1983 Hallett questioned whether a walkway system had been considered for this project. Staff responded that the streets were of a low traffic character. In addition, trails were, or would be, in existence leading to the area parks; therefore, no trails were considered for this small site. Staff stated that a sidewalk may be appropriate along the street. MOTION 1: Motion was made by Gartner, seconded by Schuck, to close the public hearing. Motion carried--6-0-0 MOTION 2: Motion was made by Gartner, seconded by Schuck, to recommend to the City Council approval of the request for zoning from Rural to R1- 13.5 for Rembrandt Ridge Estates by Neil A. Lewis, based on plans and written materials dated May 26, 1983, and subject to the recommendations of the Staff Report of June 3, 1983, and with the addition of the following condition #19: Staff review the need for a sidewalk along the W. 168th Avenue street frontage. In discussion, the Commission stated concern for the number of storm water drainage problems mentioned by surrounding residents and asked that the City Engineering Department be prepared to answer the questions raised at the Planning Commission at the hearing before the Council. Motion carried--6-0-0 MOTION 3: Motion was made by Gartner, seconded by Schuck; to recommend to the City Council approval of the request for preliminary plat of 10.4 acres for 19 single family residential lots for Rembrandt Ridge Estates by Neil A. Lewis, based on plans and written materials dated May 26, 1983, and subject to the recommendations of the Staff Report of June 3, 1983, with the addition of condition #19: Staff review the need for a sidewalk along the W. 168th Street frontage. Motion carried--6-0-0 P39 JULY 5,1983 se ,- VOID OUT CHECK 81 CHILDRENS MUSEUM 8249 WESTERN LIFE INSURANCE 8250 DANA GIBBS 8251 SANDRA WERTS 8252 GRIGGS COOPER & CO INC 8253 TWIN CITY WINE CO 8254 ED PHILLIPS & SONS CO 8255 JOHNSON BROTHERS WHOLESALE LIQUOR 8256 OLD PEORIA COMPANY INC 8257 INTERCONTINENTAL PACKAGING 8258 MINNESOTA DEPARTMENT OF P/S 8259 WENDY BURNS-CARLSON 8260 MICHELE GRAFF 8261 CHERYL PETERSON 8262 COMMISSIONER OF REVENUE 8263 COMMISSIONER OF REVENUE 8264 INSTY-PRINTS 8265 STATE OF MINNESOTA 8266 VOID OUT CHECK 8267 MOVIES AT EDEN PRAIRIE 8268 DANA GIBBS 8269 CAPITOL CITY DISTRIBUTING CO 8270 'JOHNSON BROTHERS WHOLESALE 8271 PAUSTIS & SONS GRIGGS COOPER & CO INC ED PHILLIPS & SONS CO 8274 OLD PEORIA COMPANY INC 8275 HOPKINS POSTMASTER 8276 KATHLEEN BALFANZ 8277 CHRIS JOHNSON 8278 SHELLY WOOD 8279 NORTHERN STATES POWER CO 8280 PETTY CASH-PUBLIC SAFETY 8281 DUANE JAMES CABLE 8282 WALTER CHARLES JAMES 8283 MARILYN MITCHELL 8284 ERIK GERHARDT PETERSON 8285 AEROBIC DANCING INC 8286 AIR POWER DOOR SYSTEMS 8287 AIR POWER EQUIPMENT CORP 8288 STUART ALEXANDER 8289 AMERICAN EXCELSIOR COMPANY 8290 ANDERSON GARDEN SHOPPE 8291 CAROLYN ANDERSON 8292 RON ANDERSON 8293 AQUATIC MANAGEMENT CONSULTING INC 8294 ARA TRANSPORTATION 8295 MIKE ARBISI 8296 ARKAY CONSTRUCTION COMPANY ARROW FENCE COMPANY Lid ARTEKA INCORPORATED 8299 ASHBY MEDICAL GROUP 8300 ASSOCIATED ASPHALT INC 8301 BATHER RINGROSE WOLSFELD JARVIS G MUNCHKINS SPECIAL EVENT-RECREATION DEPT INSURANCE PACKET DELIVERY PLAYGROUND CHANGE FUND LIQUOR WINE LIQUOR LIQUOR WINE WINE MOTOR VEHICLE REGISTRATIONS INSTRUCTOR-SKATING-FEES PAID REFUND-PUPPETRY REFUND-EXERCISE CLASSES ESTIMATED JUNE 83 SALES TAX MAY SALES TAX PRINTING-SENIOR CITIZENS CENTER UNCLAIMED PROPERTY MOVIE TICKETS-TEEN WORK PROGRAM PACKET DELIVERY WINE WINE WINE LIQUOR WINE LIQUOR POSTAGE-SENIOR CENTER REFUND-TENNIS REFUND-ARCHERY REFUND-TENNIS SERVICE-TARTAN CURVE PUBLIC SAFETY CHANGE FUND FIREMAN CALLS FIREMAN CALLS SECRETARY-FIRE DEPT FIREMAN CALLS INSTRUCTOR-EXERCISE CLASSES/FEES PAID TRANSMITTERS-P/S BUILDING .ROLLER-STREET DEPT 'MILEAGE 4 ARCHERY TARGETS-PARK DEPT FLOWERS-POLICE DEPT REFUND-FITNESS CLASSES ANTENNA EQUIPMENT-P/S & P/W BUILDING TREAT POND LOCATED BY NEW P/S BUILDING BUS SERVICE-SUMMER RECREATION PROGRAM SCUBA EQUIPMENT-ROUND LAKE BEACH CONCRETE SLAB AT WEST ENTRANCE OF P/S BLDG WIND SCREENS-PARK DEPT TREES-PARK DEPT STRESS MANAGEMENT SEMINAR-POLICE DEPT BLACKTOP-BIKE TRAILS -SERVICE-MITCHELL ROAD & TECHNOLOGY DRIVE/ CITY WEST STREETS/PRAIRIE CENTER DRIVE 8.75- 48.00 202.95 52.00 80.00 1849.03 78.45 2039.92 1254.60 1596.81 157.69 17.50 357.20 14.00 7.50 3375.00 6985.69 92.01 585.00 0.00 50.00 39.00 218.86 80.00 37.25 2118.87 321.72 670.61 20.36 15.00 8.00 12.00 304.00 50.00 286.00 346.00 350.00 140.00 339.50 219.00 21840.00 25.25 260.00 60.30 25.00 61.79 70.00 66.83 21.20 320.00 839.01 183.00 250.00 8652.90 34639.95 5708605 8302 BLOOMINGTON LOCKSMITH COMPANY 8303 BUSINESS FURNITURE INC BUTCHS BAR SUPPLY 814., PAULA CADWELL 8306 CARPET CITY 8307 CARPENTER LAND COMPANY 8308 CHAPIN PUBLISHING COMPANY 8309 CHEMSCAPE 8310 COMMISSIONER OF TRANSPORTAION 8311 ROBERT COMPTON 8312 JOHN CONLEY 8313 COOK PAINT & VARNISH COMPANY 8314 COPY EQUIPMENT INC 8315 CURLE PRINTING COMPANY INC 8316 CUTLER-MAGNER COMPANY 8317 DALCO 8318 DORHOLT PRINTING/STARIONERY INC 8319 DRISKILLS SUPER VALU 8320 EDEN PRAIRIE CHAMBER OF COMMERCE 8321 EDEN PRAIRIE HEATING & AIR CONDIT 8322 EDEN PRAIRIE SCHOOL DISTRICT #272 8323 EDISON CONTROLS INC 8324 CITY OF EDINA 8325 ELECTRIC SERVICE CO 8326 .ELVIN SAFETY SUPPLY INC 8327 EMPIRE-CROWN/AUTO INC 8i7R CHRIS ENGER CHRIS ENGER EXIDE BATTERY SALES 8331 FEED-RITE CONTROLS INC 8332 FITNESS STORE 8333 FLOYD SECURITY 8334 JOHN FRANE 8335 MARY FRITCHMAN 8336 FUNK-HANECY DISTRIBUTORS INC 8337 G L CONTRACTING INC 8338 GLW DISTRIBUTING 8339 G S PRODUCTS INC 8340 GENERAL COMMUNICATIONS INC 8341 PATRICIA GOLDBERG 8342 GOPHER HEATING & SHEET METAL INC 8343 CAROL GOPLEN 8344 PEG GRANT 8345 CATHY GRUIDL 8346 GUNNAR ELECTRIC COMPANY INC 8347 KAREN HARRIS 8348 HAYES CONTRACTORS 8349 HENNEPIN COUNTY 8350 SHERIFFS DEPARTMENT-HENNEPIN COUN 8351 HENNEPIN COUNTY TREASURER P"? HIL OFFICE PRODUCTS INC 3 HOFFERS INC REKEY DOOR LOCKS-WATER DEPT OFFICE FURNITURE-P/S BUILDING SUPPLIES-LIQUOR STORES ICE SHOW PROPS-COMMUNITY CENTER CARPET-WATER DEPT EASEMENT-PRAIRIE CENTER DRIVE LEGAL ADS LAWN FERTILIZATION-PA BUILDING TESTS-PRAIRIE CENTER DRIVE REFUND-FITNESS CLASSES REFUND-FITNESS CLASSES PAINT-WATER DEPT SUPPLIES-ENGINEERING DEPT BUSINESS CARDS-FORESTRY DEPT QUICKLIME-WATER DEPT CLEANING SUPPLIES OFFICE SUPPLIES SUPPLIES-REC DEPT & COMMUNITY CENTER PRINTING-EDEN PRAIRIE BROCHURE FURNANCE REPAIRS & SERVICE BUS SERVICE-KIDS KORNER ALTERNATING RELAY-SEWER DEPT TESTS-WATER DEPT CIVIL DEFENSE SIREN MAINTENANCE SAFETY HATS-ENGINEERING DEPT FIRE TRUCK POLISH REFUND-KIDS KORNER JUNE EXPENSES BATTERIES-STREET DEPT CHLORINE EJECTOR-WATER DEPT EXERCISE EQUIPMENT-POLICE DEPT ALARM SYSTEM-LIQUOR STORE MAY EXPENSES MILEAGE CARPET-P/S BUILDING -SERVICE-TARN CIRCLE/ANDERSON LAKES PARKWAY/DUCK LAKE TRAIL/LEESBOROUGH SUPPLIES-LIQUOR STORE SEAL GARAGE & JAIL FLOOR-P/S BUILDING RADIO REPAIR & PARTS SERVICE-ANIMAL CONTROL REPAIR BLOWER-COMMUNITY CENTER REFUND-FITNESS CLASSES REFUND-SWIMMING CLASSES REFUND-EXERCISE CLASSES BALLEST-CITY HALL/FUSES-COMMUNITY CENTER INSTRUCTOR-EXERCISE CLASSES/FEES PAID REFUND-BUILDING PERMIT BOARD OF PRISONERS APRIL BOOKING FEES-POLICE DEPT FEB/MARCH/APRIL EQUIPMENT RENTAL-FORESTRY OFFICE SUPPLIES GLASS PLATE WINDOW-POLICE DEPT 827.50 13399.56 514.05 87.50 275.40 10850.00 153.00 89.00 237.96 15.00 17.00 112.75 149.17 32.00 3501.99 961.83 717.76 272.07 1346.03 44.00 12.90 80.00 115.00 665.00 26.50 66.00 9.00 150.00 83.96 119.25 1659.50 275.81 158.85 101.00 483.02 3647.26 93.75 475.00 273.16 25.00 107.00 25.00 16.50 17.00 92.90 1228.80 25.50 3181.42 407.79 4582.21 27.06 294.61 8676927 8354 TAMMY HOLMES BASKETBALL OFFICIAL/FEES PAID 8355 HONEYWELL ALARM SYSTEM-LIQUOR STORE a- • HORIZON AGENCY INC HONEYWELL INC LIABILITY INSURANCE MAINTENANCE AGREEMENT-WATER DEPT 8358 IMPERIAL INC STEEL CABINET-FIRE DEPT/WIRE-WATER DEPT 8359 I B M TYPEWRITER SUPPLIES-POLICE DEPT 8360 ERIC JENSON REFUND-SWIMMING CLASSES 8361 FEDERAL RESERVE BANK PAYROLL 6/24/83 8362 COMMISSIONER OF REVENUE PAYROLL 6/24/83 8363 DEPARTMENT OF EMPLOYEE RELATIONS PAYROLL 6/24/83 8364 GREAT WEST LIFE ASSURANCE CO PAYROLL 6/24/83 8365 MINNESOTA STATE RETIREMENT SYSTEM PAYROLL 6/24/83 8366 AETNA LIFE INSURANCE & ANNUITY CO PAYROLL 6/24/83 8367 UNITED WAY OF MINNEAPOLIS PAYROLL 6/24/83 8368 PERA PAYROLL 6/24/83 8369 KMART SUPPLIES-SUMMER RECREATION PROGRAM 8370 JOE KASID SOFTBALL OFFICIAL/FEES PAID 8371 KENNETH KAUFMAN REFUND-MEMBERSHIP DUES 8372 JOSEPHINE KITTELSON REFUND-FITNESS CLASSES 8373 KATHRYN A KOCHLIN MILEAGE 8374 KOKESH ATHLETIC & GOLF SUPPLY BASEBALL BASES-PARK MAINTENANCE 8375 BRENDA KOPP REFUND-FITNESS CLASSES 8376 KRAEMERS HOME CENTER FLOWER PLANTERS-POLICE DEPT 8377 KROY INDUSTRIES INC OFFICE SIGNS-P/S BUILDING 8378 KATHY LANE REFUND-FITNESS CLASSES 8379 LANG PAULY GREGERSON LTD MARCH LEGAL SERVICE 8380 LANG PAuLY & GREGERSON LTD APRIL LEGAL SERVICE-PRAIRIE CENTER DRIVE 1 MARJORIE LERDON REFUND-FITNESS CLASSES b,d2 STEVE LINGENFELTER REFUND-UTILITY BILL 8383 LINHOFF COLOR PHOTO LABORATORY IN FILM-PLANNING DEPT 8384 LyMAN LUMBER COMPANY LUMBER-PARK MAINTENANCE 8385 MACQUEEN EQUIPMENT INC -REPAIR PUMP & REPLACE HOSES ON EDUCATOR MACHINE 8386 ROBERT N MARTZ JULY EXPENSES 8387 MASON PUBLISHING CO BOOK-POLICE DEPT 8388 ANNE MCCREERY REFUND-SWIMMING CLASSES 8389 MCFARLANES INC CEMENT BLOCKS-PARK MAINTENANCE 8390 METRO FUME COMMUNICATIONS INC JULY PAGING RENTAL 8391 METROPOLITAN FIRE EQUIPMENT REBUILD MOTOR-FIRE DEPT 8392 METROPOLITAN WASTE CONTROL COMMIS JULY SEWER SERVICE 8393 METROPOLITAN WASTE CONTROL COMMIS MAY SAC CHARGES 8394 MIDLAND PRODUCTS COMPANY -CONCESSION STAND SUPPLIES-ROUND LAKE PARK & COMMUNITY CENTER 8395 MIDWEST ASPHALT CORPORATION BLACKTOP 8396 MINNESOTA BAR SUPPLY INC SUPPLIES-LIQUOR STORE 8397 MINNESOTA GAS COMPANY SERVICE 8398 MINNESOTA GAS COMPANY SERVICE 8399 MINNESOTA TORO INC SEEDER/REPAIR LAWN MOWER-PARK MAINTENANCE 8400 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 8401 MINNESOTA WANNER COMPANY HOSES-P/W BUILDING 8402 MINNESOTA VALLEY LANDSCAPE INC TREES-FORESTRY DEPT "403 R E mOONEY & ASSOCIATES INC PAINT-WATER DEPT J4 EARL MORE SUPPLIES-SENIOR CITIZENS CENTER 8405 MUNICILITE CO 3 STROBE LIGHTS-STREET DEPT 12.00 295.68 2000.00 2989.50 764.55 83.34 10.00 16145.3s 8454.90 21574.78 2762.00 65.00 108.00 71.50 15959.00 52.93 25.00 20.00 25.00 47.25 67.50 25.00 77.03 574.11 25.00 10789.50 728.60 25.00 5.60 6.50 8.25 2030.20 165.00 30.00 28.50 19.50 89.52 178.10 46795.27 37867.50 187.10 183.5? 33.50 3429.5F 1766.15 3002.50 35.25 44.64 400.00 236.00 20.00 385.50 18072528 NAP COMMERCIAL ELECTRONICS CORP NORTHERN STATES POWER CO 8408 NORTHWESTERN BELL TELEPHONE CO 8409 KATHY 0 LEARY 8410 CHRIS PALM 8411 MARK PANNKUK 8412 MARY ANN PARKER 8413 BRENDA PARRINGTON 8414 PATCO COMPANY 8415 E GRANT PERL SOD FARMS INC 8416 PETTY CASH-PUBLIC SAFETY 8417 TIM PIERCE & ASSOC INC 8418 PINK SUPPLY CORPORATION 8419 POWER SYSTEMS 8420 PRAIRIE ELECTRIC COMPANY INC 8421 PRAIRIE LAWN & GARDEN 8422 A PRENTICE 8423 CHUCK PUFAHL 8424 DAVID RAQUET 8425 RECREONICS CORP 8426 CITY OF RICHFIELD 8427 .ROAD RESCUE INC 8428 ROBERTS LITHO INC r "9 ROTH DISTRIBUTING COMPANY INC 8430 ROT-ROOTER SEWER-DRAIN SERVICE 8431 ST REGIS CORPORATION 8432 SAY ELECTRIC INCORPORATED 8433 NORMA SCHENCK 8434 BRIAN SIEVERTSON 8435 JOHN SKARI 8436 BEN SKINNER 8437 W E NEAL SLATE CO 8438 CHARMAYNE SLETTEN 8439 SON OF A PRINTER INC 8440 SOUTHWEST SUBURBAN PUBLISHING INC 8441 SOUTHWEST SUBURBAN PUBLISHING INC 8442 SPORTS WORLD-EDEN PRAIRIE 8443 DON STREICHER GUNS INC 8444 STEVE STUCKEL 8445 SUBURBAN CHEVROLET CO 8446 GEETA TADAVARTHT 8447 LOIS THOMPSON 8448 TRIARCO ARTS & CRAFTS 8449 TURF SUPPLY COMPANY 8450 UNIFORMS UNLIMITED .51 UNITED LABORATORIES INC 8452 URBAN UNIT 8453 VAN WATERS & ROGERS INTERCOM-P/S BUILDING SERVICE SERVICE REFUND-UNIFORM COSTS INSTRUCTOR-EXERCISE CLASSES-FEES PAID MILEAGE-TREE INSPECTOR YOGA INSTRUCTOR-FEES PAID REFUND-FITNESS CLASSES 2 STROBE LIGHTS-WATER DEPT SOD & ROCK-P/S BUILDING POSTAGE-POLICE DEPT FEB THRU JUNE SERVICE-PRAIRIE CENTER DRIVE TOWELS-POLICE DEPT HOSE CONNECTOR-STREET DEPT -LAMPS/FIXTURE SOCKETS/BALLASTS/REPAIR LIGHT FIXTURE-COMMUNITY CENTER LAWN MOWER-WATER DEPT REFUND-EXERCISE CLASSES HOCKEY & SOFTBALL OFFICIAL/FEES PAID SOCKET-STREET DEPT RESCUE TUBE-RECREATION DEPT -FIRE STATION RADIO/COMPUTER RENTAL-POLICE *DEPT RESCUE TRUCK LETTERING PRINT SUMMER COMMUNITY PROGRAMS -3 COLOR PORTABLE TV-P/S BUILDING-DONATED BY EDEN PRAIRIE CRIME PREVENTION FUND OPENED KITCHEN SINK DRAIN-FIRE DEPT LUMBER-PARK MAINTENANCE INSTALL RADIO UNITS-P/S BUILDING REFUND-EXERCISE CLASSES SOFTBALL OFFICIAL/FEES PAID REFUND-BUILDING DEPT MILEAGE-TREE INSPECTOR OFFICE SUPPLIES-POLICE DEPT INSTRUCTOR-KIDS KORNER/FEES PAID PRINTING-POLICE DEPT EMPLOYMENT AD-STREET DEPT LEGAL ADS CAPS-TREE INSPECTORS 2 FLASHLIGHTS-POLICE DEPT REFUND-EXERCISE CLASSES -RUSTPROOF NEW SQUAD CAR/GRILL REPLACED ON SQUAD CAR REFUND-SKATING CLASSES REFUND-MEMBERSHIP DUES -CRAYONS/PAINT/BRUSHES/CLAY/PLASTER/ CONSTRUCTION PAPER/PENCILS-RECREATION DEPT CHEMICALS-PARK MAINTENANCE -JACKETS/SHIRTS/TROUSERS/PARKA/HATS/VESTS BLOUSES-POLICE DEPT CLEANING SUPPLIES-WATER DEPT REFUND-BUILDING PERMIT CHLORINE-WATER DEPT 1154.66 21561.98 962.17 13.15 2438.40 31.00 36.00 25.00 458.00 5802.00 26.22 307.50 323.00 7.32 743.54 460.10 17.00 576.00 13.10 54.00 1627.50 799.00 4129.35 1244.00 30.60 477.70 114.00 25.00 72.00 15.00 26.75 49.50 20.00 19.35 30.00 1251.55 10.50 184.00 17.00 229.99 17.00 10.00 417.30 217.50 2773.70 565.54 200.00 358.20 4994217 •1 1 0 0 MM VERNON COMPANY VICTORIA REPAIR & MEG two VIKING LABORATORIES INCORPORATED 8457 DAVID A WALLER 8458 DR WILLIAM WARNER 8459 WATER PRODUCTS COMPANY 8460 WATERITE INC 8461 SANDRA WERTS 8462 WHOLESLE LIGHTING INC 8463 BRUCE WILLIAMS 8464 AUTOTRAAC 8465 DIRECTOR OF PROPERTY TAXATION 8466 DURO-TEST CORPORATION 8467 JACK HACKING 8468 HARMON GLASS 8469 HOLIDAY INN 8470 JACKSON COUNTY SHERIFFS 8471 ERICA MACK 8472 MINNEAPOLIS AREA CHAPTER 8473 CURTIS OBERLANDER 8474 SOUTH HENNEPIN HUMAN SERVICES COU 8475 MARC LEWIS THIELMAN 8476 UZ ENGINEERED PRODUCTS XEROX CORPORATION BRIAN BERGSTROM 8419 DENIS BILLMYER 8480 JOHN BRILL 8481 ALBERT W DAY 8482 CHARLES P DOWNER 8483 ED GREGORY 8484 TOM PETERSEN 8485 CRAIG L STANTON 8486 JOSEPH A WIETHOFF 1254073 EDEN PRAIRIE DECALS RENTAL OF PONTOON TRAILER-PARK MAINTENANCE CHEMICALS-COMMUNITY CENTER SOFTBALL OFFICIAL-FEES PAID REFUND-EXERCISE CLASSES -PIPE/CEMENT SOLVENT/5 METERS/PLUNGER/ FIRE HYDRANT PARTS-WATER DEPT -CHLORINE FEED PUMP/SODA ASH MIXER MOTOR- COMMUNITY CENTER JUNE MILEAGE FLUORESCENT & INCANDESCENT BULBS-WATER OPT REFUND-UTILITY BILL SPEEDOMETER TESTS-POLICE DEPT PROPERTY TAXES LIGHT BULBS-LIQUOR STORE EXPENSES MIRROR-EQUIPMENT MAINTENANCE CONFERENCE-CANINE UNIT REGIONAL CANINE TRIALS REFUND-SWIMMING CLASSES FILM RENTAL-COMMUNITY CENTER EXPENSES 1/2 OF 1983 FINANCIAL CONTRIBUTION EXPENSES RACKS/BINS/CABINETS-P/W BUILDING SERVICE SOFTBALL OFFICIAL/FEES PAID - SOFTBALL.OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID SOFTBALL OFFICIAL/FEES PAID 1334.32 10.00 27.80 120.00 15.00 1973.99 358.08 84.05 177.60 26.91 182.00 44.65 182.22 201.54 6.00 50.00 72.00 8.35 1 34.00 198.55 2665.00 34.14 2045.08 1315.45 72.00 112.00 96.00 276.00 168.00 120.00 96.00 216.00 138.00 $387063.50 14 01 July 5, 1983 . Cash Disbursements by fund number Fund,/ Description Amount 10 General 11 Certificate of Indebtedness 15 Liquor Store-Prairie Village Mall 17 Liquor Store-Preserve 31 Park Acquistion and Development 33 Utility Bond Fund 36 P/S & P/W Building Bond Fund 51 Improvement Construction 57 Road Improvement Construction Fund 73 Water Fund 77 Sewer Fund 81 Trust A Escrow Fund 87 Community Development 90 Tax Increment 139,730.94 26,585.05 12,082.82 9,569.59 8,664.35 192.50 25,305.92 4,745.90 4,480.75 28,332.91 86,864.13 2,397.53 • 15.60 • 38,095.51 TOTAL $387,063.50 Mayor and City Council Bob Lambert, Director of Community Servic Sandra F. Werts, Recreation Superviso June 29, 1983 MEMORANDUM FROM: DATE: SUBJECT: Permission to Apply for Historical Restoration Grant The Emergency Jobs Act of 1983 provided $25,000,000 for historic p r e s e r v a t i o n . -Minnesota has been alloted $502,549 under the program. The purpo s e o f t h e b i l l is the creation of work for the unemployed. The Cummins-Grill Home s t e a d m e e t s t h e eligibility criteria for the grant. Under the grant program, all Federal grant funds must be matched 5 0 / 5 0 . H o w e v e r , a 25% State grant is also available. The City match would be 25%. The Historical and Cultural Commission and Restoration Committee me t j o i n t l y o n June 16 and discussed applying for the grant to repoint the brick, r e s t o r e t h e windows and doors, rebuild the front porch and paint all windows an d t r i m . The architect's estimate of this work is $24,100. The Commission w o u l d b e r e q u e s t - ing $12,250 from the Federal Grant, $6,125 from the State and $6,1 2 5 f r o m t h e C i t y . The City matching grant would include money already raised by the R e s t o r a t i o n . Committee along with volunteer labor, whose value is allowed as pa r t o f t h e g r a n t and provision is made for its inclusion. The following motion was made at that meeting: MOTION: Wilson moved to have staff proceed on the grant applicati o n . Eames seconded the motion which passed unanimously. The Commission feels that they will get more mileage out of their m o n e y i f t h e y can use it to obtain matching grants and would appreciate the aut h o r i z a t i o n t o proceed with the application. SW:ad 1403 TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager . FROM: Eugene A. Dietz, Director of Public Works DATE: June 29, 1983 RE: Douglas Driveway/Beverly Drive Extension As requested by City Council, the Engineering Division has prepared a cost estimate for providing alternate access to the Douglas property and other adjacent parcels from Beverly Drive. The attached sketch shows three segments of the proposed improvement. The first segment brings Beverly Drive to the northwest corner of the Douglas parcel and has a cost of approximately $43,000. About half of this cost is due to the fill required to go across the ravine which lies north of the Douglas parcel. The total distance is 660 feet. The second segment of the roadway consists of 550 feet of paving and has a cost of $18,000. In connection with the extension of Beverly Drive, this segment would serve all but the westerly two parcels adjacent to Dell Road. The final segment is shown on the sketch is 1230 feet long and would connect to Dell Road. The cost associated with this segment is $41,000. The estimated costs are based on building a road identical to Beverly Drive as it exists today. This is a 24 foot wide rural section with 1 foot shoulders. These costs do not include any engineering design fees nor any fees that would be associated with an assessment project. Also, no right-of-way costs were included in the estimate. Finally, part of the project was to determine if tbe road could be extended east of the Douglas property to eliminate the need for existing driveways on the Norberg parcel and any future driveways that may occur. Due to the proximity of one of the buildings on the Douglas property, it would be difficult to provide a roadway to the east. I understand that the building in question Is a garage which was used by Douglas as a residence until his home construction was completed. I will be available at the Council meeting to answer additional questions regading this matter.. EAD:sg Noti 34 t ALVER R. FREER C • 5,,eeelee Cagle. 34.no :e • t 1, p cE0AP VV 611, 11 12 MI IS , .451 7:.1n Z! !. (4! IR 2 6miSak . (3) a w, it,,1n1±n••• • ,181110e4ri`te- els. 1:7 Ze I re 1 =veAe ere we 2.> AWE 11R11*Illtll.1, ••n) " limu••••••••••••••......171a...al.•••••••••••nn• 041 101' 0 (e) (4) CnC1 (3) e41421 11 I • ••••••-... ale.e. tee .1 .11 tilova41• , 169-212 OR (23 2 3 2 • a 1.1) STATE ;ea: ;Av. "13.1 flnugtzui (tmttrart Nurniturr SUBSIDIARY OF DOUGLAS OFFICE SUPPLY CO. 10740 FRANCE AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55431 June 9, 1983 MR. GEORGE BENTLEY EDEN PRAIRIE CITY COUNCIL rJUN 1 4 1983 8950 EDEN PRAIRIE RCAD EDEN PRAIRIE, MN 55344 Dear Mr. Bentleys It has come to my attention that we were scheduled for a hearing on Tuesday evening, June 7th. We had been informed that our meetings were on May 20th (Planning staff), June 6th (Park, Recreation and Natural Resources) and City Council on June 15th. On June 8th, my contractor, Mr. Ed Sullivan, was called by Jean Johnson and asked why we were not present at the meeting the night before. He informed her that he was riven the date of June 15th. Her reply was that we were told on the evening of June 6th at the meeting, of the meeting the following evening. I recorded the entire conversation from the moment of beginning the meeting to the point of walking out the door, and there is absolutely no mention of a council meeting on June 7th or of our being on the agenda. I take this opportunity to apologize to you for your inconvenience for our not being there. Jean Johnson also related to my contractor that the issue was tabled and referred to engineering for further study. It was also mentioned that Beverly Drive could be extended to accommodate our access. Beverly Drive at this point will in all probability cause more problems than we already have. It will increase traffic and loss of all privacy for land owners, which is the only reason any of us are living here. The road would have to ,extend west and reviewing the slope drop to the north of the easement road, there would be a considerable amount of fill. At present Beverly Drive sheds its water through an open culvert and each Spring the run off floods the Norberg property and curs three to five feet. If the road was extended what are you going to do with the additional Spring run off? Once again I would like to review our reason for access to Highway 169. When I purchased this farm land from the Turnbulls I was granted an easement. That private easement is only one car width and very long. Some years later a small 200' width five acre parcel was sold because of a need for cash by one of its owners with Mr. Turnbull. At that time Mr. Turnbull related to me he was going to build a new home on the rest nf the acres in the future. I question the village on the pro ability of someone building on the 200' width and they all agreed that it could only be done when sewer and water were brought in and the zoning laws changed to comply with residential. -2- The new owner made application for a variance and it was granted so they could build. A letter was sent out by the village to adjacent land owners to see if anyone objected. (See Attached) By the village granting that variance on that narrow piece of ground has caused a lot of problems. As you probably well know it is a very large cemetery site and a subject and problem that will continue to plague city officials. We had a group of people who were in a position to purchase the property and donate it to the city, but at that time(one year ago) the cemetery was felt to be better suited for roads and buildings. The village has in essence taken away our private access to our property by granting variances and building permits to that piece of property. We are now told to share a very narrow, long driveway that is impassable. I operate a commercial bee farm on our property And two other businesses and I cannot be in a position not to be able to get out of my property because of an illegal blockage of access. On purchasing the property and later when I went in for my building permit, I was told I had to have access to 169. I also had to have 300' width for that access onto 169. We now felt the time was right to proceed with that road to alleviate the stress in our lives caused by our once private access road. I made application to the State of Minnesota Highway Department requesting permission and guidance in establishing a new private driveway. I also explained in detail the reasons why we needed the driveway and so the State of Minnesota had compassion and granted us the easement. Last fall we made application for a stable and were granted the permit. The new road is access to and from that building. At present we are unable to proceed because the heavy cement and block trucks are not able to back up the road. At the bottom of the bluff we operate our bee colonies and we service them by this same road. We derive part of our yearly income from the bees and this bee yard. It came to our attention that a new ordinance had been passed by the village specifically for the bluff area. Jean Johnson informed UB we were in violation and halted completion of the road. The construction has been 90% completed and the road has stabilized itself without top gravel. 5% of the road is subject to washing out because construction was halted. It was our 'agreement to the State of Minnesota to get the job completed as quickly as possible to eliminate any wash out and erosion. We have had several heavy rainfalls and 910 of that which was somewhat graded is showing no washing at all. We and the State do have a concern for the part that may wash out onto Hirhway 169 which would result in a very dangerous and expensive repair. At present I have been subject to a substantial financial loss in work being halted and equipment removed. The stable building bids are up for review and now could cost us more. The honey flow has begun and staked bails of hay on the road plus a large mound of dirt block our drive to the bee yard. This could also be a large financial loss. I don't mind working 12 to 14 hour days, six days a week, but my family and I have been more than patient in waiting and going to meetings, then we are told we may have to wait another month before we can have a hearing. The two city committees have approved the driveway and granted us accers to 169 and realize that the city had made commitments to us prior to the new ordinance. 1(10'1 WO feel that at this point we have been subjected to financial loss and many sleepless nights. I feel it is unfair and an unconstitutional procedure that the city has taken against us. Neither I nor the other bluff residents have ever been notified of a bluff ordinance. I agreed to proceed with the meetings and then an told one date and not informed of the actual date of the City Council meeting in Which we were on the agenda, I do not understand that kind of city government. It is the duty of the Eden Prairie City Council and City Manager to see to it that such proceedings and ordinances do not conflict with the Constitution of the United States. In the meantime, I shall have to trust in Cod to resolve this hardship and if need be, my right of trial by jury (Art. 3, Sec. 2, paragraph 3, and Amendment Art. 6 & 7 of the Constitution) to save me from the threatened and unfair treatment. Thank you for your consideration and time. Sincerel ours, TERRY'R. Dougye NO? sows$' JAMES R. ALLIS, D.D.S. elt. e4.,...r.441.e.4 • \.../ .4- ylv.,L ).....) 01 4.,-- „14 L4........4-7E 4240.4441-.1 .-2----.f: - - , I (.4...CLK.ific t V. C.d./2 C a C-4, Z7....'14 ..,....-,,,,I.-(:)1 1 (.., e n „If; i 47-, ....4 e" a e(a--e - 4/7ste •r ,n z' % ,e,,,•n , ,, , / ',,,,,,__,/ I , ....", ti u4-..tc QZ'Lt...... ri: 4 0: ;Li ....4).-.1-4 1 --- ,-n =- . 4..... A ., <4 1 I 1- (,' , 1 4 4 n Ce") -4: (.1:.it i.....",4 e ,, ,. IC . --7 • .../..c , / 83440 PENN AVENUE SOUTH MINNEAPOLIS. MINNESOTA 570 L,TE.e. jHeiciNS 922.38.4 2-6—.....-1,;‘,1,,..... ..efi,./p_ - r/ , Ce.41:44.4:. cu Z.Li ,t„,,,•& a., eZ a 4,,t L/ ce..) c•-• "H; d 4,-444 • 41-4-447,64-4 ;; cc Cea--71 -4. ,Z;ec./' ozt. ervt / vz tr. n 0 .; JAMES R. ALLIS, D.D.S. cec asn 6 rf Ii z A-co F.; (4,..--fee-e:2 C/ce e te. -4 .2, Ae.e.i.444.Z C, fre-1.e77],?( 8346 PENN AVENUE SOUTH MINNEAPOLIS, MINNESOTA 1118410 TELEPHONE 022-001114 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION #83-157 RESOLUTION APPROVING THE REGISTERED LAND SURVEY FOR LEE DATA/OPUS CORPORATION BE IT RESOLVED, by the Eden Prairie City Council as follows: That the Registered Land Survey for Lee Data/Opus Corporation, dated February 3, 1983, of 0.4 acres for secondary access to Lee Data from W. 70th Street, 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 STAFF REPORT TO: Planning Commission FROM: Stephen Sullivan, Assistant Planner VOUGH: Chris Enger, Director of Planning DATE: June 24, 1983 PROJECT: Lee Data Access APPLICANT: Opus Corporation FEE OWNER: Opus Corporation/Lee Data LOCATION: West of West 70th Street adjacent to Lee Data REQUEST: Preliminary Plat of approximately 0.4 acres to provide secondary access to Lee Data from W. 70th Street Lee Data has constructed a road within the area of the proposed preliminary plat as a private road to provide a secondary access to the Lee Data site from W. 70th Street. At the time of development, the road alignment ran across three properties. Mutual easements were needed allowing for the construction of the road. The third iarty's property has since been sold to Opus Corporation, resolving the need for mutual easements of the three property owners. Lee Data and Opus Corporation have jointly placed the access road from W. 70th Street to the Lee Data site per the developer's agreement and consistent with City specifications. In order to record the legal description of this action with Hennepin Coucnty, a bonafied plat is needed. W. 70th Street is proposed to continue to the west, adjacent to the north property line of Lee Data and tying to Flying Cloud Drive. A 35 ft. right-of-way has been dedicated to the City along the north property line of Lee Data. The future development of the adjacent northern parcel will provide an additional 35 ft. of right-of-way allowing for the future extension of W. 70th Street. The proposed plat Is complimentery to the alignment and right-of-way needs for this extension. The proponent shall dedicate the proposed platted area to the City for right-of-way purposes upon the completion of the W. 70th Street connection to Flying Cloud Drive. RECOMMENDATIONS The Planning Staff recommends approval of the preliminary plat subject to the following conditions: 1. Any easement agreements between Opus Corporation and Lee Data regarding the private access road shall be submitted to the City for review and approval prior to final plat. 2. The platted area shall be dedicated to the City for right-of-way purposes upon completion of the W. 70th Street extension to Flying Cloud Drive. STAFF REPORT TO: Planning Commission FROM: Chris Enger, Director of Planning DATE: June 24, 1983 PROJECT: Target APPLICANT: Homart Corporation and Target, Inc. FEE OWNER: Homart Development Corporation REQUEST: Site Plan Review for a proposed 100,000 sq. ft. commercial building on 10.3 acres of land LOCATION: Adjacent to and immediately west of Eden Prairie Center .Background The existing Eden Prairie Mall was zoned in 1973 Cowercial-Regional according to a specific plan. That plan illustrated a 750,000 sq. ft. first phase which was to Include Powers and Sears as the majors. The plan also anticipated two additional major department stores: one on the east and one on the west side of the shopping center. The Target store proposed is planned in the general location of the third major department store on the west side of the Eden Prairie Mall, directly in front of the lower level west-facing entrance. The original plan was for a major department store to occupy approximately 60,000 sq. ft. of ground area and to be multi-story. The current proposal is for a 100,000 sq. ft., single story Target store. In order to accomplish a single story building on a site that has been graded for a multiple story structure, 19 ft. of fill over the entire building pad Is necessary. The Target store, as proposed, would then be at the elevation of the upper level parking lot, or the Powers level parking lot. Parking Since the overall shopping mall is expected to be approximately 1,000,000 sq. ft., a parking ratio of 5.5 parking spaces per 1,000 sq. ft. of gross floor area was required for the City, bringing the total requirement of parking for the center up to about 5,500 cars. The proposed Target store would provide 505 total parking spaces on Target's piece of property. The total requirement for the Target store is 563 spaces. The balance of the spaces not provided on the Target parcel will have to be accommodated through a reciprocal easement arrangement with the balance of the mall. The total parking for the shopping center with Target is 5,683. The parking lot west of the Powers building, where Target parking is proposed to occur, would be partially reconstructed to accomnodate the new grades for the proposed building. Landscaping A requirement of the original shopping center approval was an overall landscaping plan. There were literally hundreds of tree planters scattered throughout the massive parking area. 35 of these parking lot tree planters will be lost with new construction. 22 new islands are proposed. Landscaping of the existing sloped area, which separates the upper level Powers parking from the lower level Center parking, will be lost with the new construction. This landscaping should be replaced in kind in the new proposal. Building Review The developer has submitted building elevations of the Target store, and is proposing a cast in concrete exposed aggregate panel as an exterior material. The exterior of the entire shopping center is brick, so in order to be totally compatible in texture, material, and tone, the exterior of the Target store should be brick. The proposed store projects over 100 ft. further out towards the western perimeter of the shopping center site than the planned department store. At the west end of the Target store, the loading area with three truck bays, the garden center, and five garage door entrances to the tire, battery and accessory area are planned. Although a partial attempt has been made to screen the loading area through the use of plant material: the truck area, garden center, and tire, battery, and accessory area will all be extremely visible from the western major entrance and from Highway #169. The garden center is proposed to be an outdoor display area enclosed with vinyl clad brown cyclone fencing. A comparison of treatment of these elements of the building to other solutions for Target stores in other communities would illustrate that the truck loading areas in other communities are usually located on the back of a Target store, out of view of the public. The garden center, in both the Southdale and Ridgedale Targets, is a more elaborate treatment, utilizing brick pillars and fencing to provide additional enclosure and some screening of the outdoor storage material. The tire, battery, and accessory area on the existing Sears building for the Eden Prairie Center, is handled through the use of a screen wall, so that the garage doors are not directly exposed to public view. Construction Timing The developer has explained that Homart wishes to begin construction of the 100,000 cubic yards of fill necessary for the building pad and parking lot construction in mid-July of this year, with Target to follow with construction of the building beginning either in late Fall of this year, or late Winter of 1984. Planned opening of the Target store would be Fall, 1984. The store would be a free-standing store separated from the existing mall by eighty feet, but connected with a skyway entrance. Signage Wall signs are illustrated on three sides of the building--the north, west, and south sides. No size has been detailed on the plans, and no scale has been given on the elevations, so the size of the signs is unknown at this time. . No freestanding signs, nor additional signs, have been proposed. Mechanical Equipment Target is proposing four large mechanical equipment units on top of the building. Target represents that these units are self-screening, although these units are similar to most other mechanical equipment units the City has seen constructed in Eden Prairie. It is possible that, with the size of the building, and the relationship of elevation around the building, that the four mechanical units will not be visible from the west, east, or south sides of the building. This is not possible to tell from the information that has been submitted, however. Pedestrian Lighting, Outdoor Furniture Provision should be made in some area of the front of the building to provide a storage area for the carts that are part of all Target operations. This storage area should be planned so that the carts are screened from the general public. Pedestrian lighting is not illustrated on the plans, but should be provided across the front of the building along the major sidewalk. RECOMMENDATIONS If the Planning Commission chooses to recommend approval of this item to the City Council, Staff would recommend the following changes and additions be made prior to CoOncil review: 1. Brick, compatible with the shopping mall should be utilized as an exterior material. 2. Site cross-sections taken from the north, south, and west should be completed, which illustrate that the mechanical equipment on top of the building is not visible from these directions. 3. . The landscaping plan, which has been submitted, is inadequate in the quantity of plant material provided in that it does not replace tree for tree within the parking area, trees lost; and the amount of landscaping across the west and south elevations of the building should increased both for screening and to break up the long monolithic mass of the building. Additional overstory trees should be added along the north face of the building, also in order to break up the long monolithic mass. 4. The tire, battery, and accessory area should be treated in a manner similar to the treatment of the Sears tire, battery, and accessory area, and plans completed and submitted which illustrate this. The treatment of the Sears area was through a low brick wall, which screened the garage door entrances from the general public. 5. The garden center area should be redesigned to be incorporated more architecturally integral with the building, similar to the way in which the garden center for the Ridgedale Target store was done. This store incorporated a brick and wrought iron fence wall attractively blended in to the architecture of the building. 6; The treatment of the three-dock loading area on the west end of the building is unacceptable. This loading area should be treated in a manner similar to the other loading areas for the Sears mall. The treatment on other loadin g dock areas includes a complete canopy over the dock maneuvering and parkin g area. In addition, screening in front of the canopy should be accomplished with heavy landscaping. 7. Plans should be developed, which provide for storage of the carts utilize d for the Target store, which screen this storage from the general public. The Planning Commission may wish to consider a recommendation which woul d require a design which would physically preclude the use of carts in th e parking lot areas. 8. Since the pedestrian way, which currently exists in the location proposed for the Target store, ties the Eden Prairie Center to the west out to the peripheral land uses is a strong pedestraian link, it should be retained and enhanced with the Target proposal. This should be done through the use of landscaping, surface texture materials, and pedestrian lighting along the front of the building, similar to the treatment of the Southdale Target. 9. All signage shall be on the building and a scale shall be provided for the elevations submitted. The size of the signage on the building shall be consistent with the City Code. No freestanding signs are proposed, and no freestanding signs shall be permitted. 5022 Lowry Terrace Golden Valley, MN 55422 June 30, 1983 The City Council of the City of Eden Prairie Eden Prairie, Minnesota Dear Sirs: I am a party to the Developer's Agreement dated April 20, 1982 with the City of Eden Prairie relating to the development of a Sheraton Hotel in Eden Prairie, Minnesota. I would like to call your attention to the changes in the Developer's Agreement to reflect circumstances which have arisen since the date of the Agreement. A. I, Paul Thomas, am now the Owner of the property and project as I bought out my partner, Lauren Pederson. B. Section 1 of the Developer's Agreement is hereby modified to read as follows: PT:gm "Owner shall plat and develop the property in conformance with the material dated 1/14/82 reviewed and approved by the City Council on 4/6/82 and attached hereto as Exhibit B, sub- ject to such changes and modifications as provided herein and as later modified in plans dated 6/29/83 attached hereto. Owner shall not . develop, construct upon or maintain the property in any other respect or manner than provided herein." iitsa3 so- KORSUNSKY KRANK ERICKSON ARCHITECTS INC. ARCHITECTS • PLANNERS • INTERIOR DESIGN June 30, 1983 The Honorable Wolfgang Penzel and Members of the City Council City of Eden Prairie c/o Chris Enger 8950 Eden Prairie Road Eden Prairie, Minnesota 55344 Re: Sheraton Inn - Eden Prairie Comm. No. 81-101 Dear Mayor Penzel and Members of the City Council: During the past several months, we have been working with our client, Paul Thomas, the lender's representative he is placing his financing with, and his contractor to refine the preliminary drawings which we have previously pre- pared and submitted to your City Staff members, the Planning Commission and Council for review and approval. This refinement has been necessary due to the need to further articulate and understand the construction costs associ- ated with the project as contemplated and with the available financing. To bring the costs in line with the available financing, we have explored a number of possible revisions to the previously submitted and approved draw- ings. The plans have been submitted to City Staff for review, and we ask that the City Council consider these changes for review and approval at the next Council meeting, the evening of July 5. Basically, the proposed revisions are as follows: 1. We have eliminated one leg of the U-shaped guest room area and replaced it with a 2-story pool side room area. The number of guest rooms remains the same, however. In doing so, we were able to reduce the area of the building by over 3,000 square feet. 2. We have indicated a 15 foot wide swaled area behind the building on the north side sloping from the top of the hill down to grade to eliminate the need for a high retaining wall. This is as indicated on the revised landscape drawing prepared by Howard Dahlgren Associates. As you will note, none of the existing trees which were to remain on the hill have been eliminated. I LI 1 1A 570 GALAXY BUILDING 330 SECOND NENUE SMITH MINNEAPOUSIANNESOTA 55401 (612)339-4200 KORSUNSKY KRANK ERICK „--"•,----••••-- ..e.:‘•.-.,111111111 Krank, A.I.A. onald June 30, 1983 Page Two Comm. No. 81-101 3. The exterior design at the entry and bends in the building have bee n slightly modified. We have eliminated the 3-story atrium and filled i n that area on all floors above the first with guest rooms (the total s t i l l remains at 152 guest rooms). At the bends in the building we have eli m i - nated the balconies and enlarged the rooms at the corners. The res u l t h a s been to provide larger corner guest rooms. 4. We are proposing to reduce the quantity of landscaping in areas that w e feel are excessively deep (in some instances 10 to 15 deep) to effect economies in costs. We believe that we can demonstrate that we still w i l l have the necessary screening for automobiles and provide a strong balanced, aesthetic landscaping design. 5. We have also made a number of minor revisions to the site plan which w e will review at the meeting. We, of course, will be available at the Council Hearing to answer any q u e s - tions you might have. Yours very truly, RK/nm Enclosures ARCHITECTS, INC. MEMORANDUM Mayor and City Council FROM: City Manager Carl J. Jullie SUBJECT: City Goals DATE: June 30, 1983 At the Special Meeting on March 22nd, the Council and staff reviewed a l i s t i n g o f general City goals and policy objectives for the future. Attached is a c o p y o f t h e minutes of that meeting for your reference. The Council requested that staff report back within three months with more specific information and recommendations regarding Goal #1. Two specific items i n t h e a r e a o f employee performance to be reviewed included establishment of a fitness / w e l l n e s s program for City staff and implementation of a "quality circle" program. The attached memo of June 16th from the Community Services staff provid e s a s u m m a r y of our findings and recommendations regarding a fitness program. In li e u o f a complete wellness program at this time, we recommend that the Council spo n s o r C i t y employee softball and volleyball teams to promote physical fitness and e m p l o y e e morale and also that the City pay 50% of an individual membership at the E d e n P r a i r i e Community Center. At some time in the future, when our staff, is larger, a c o m p l e t e wellness program may be appropriate. ( is Fall we are planning to conduct a "stress" seminar for employees u n d e r t h e utrection of Process Dynamics. Some interesting.information on stress man a g e m e n t is attached. We are continuing to study the implementation of some form of mandatory p h y s i c a l f i t n e s s program for our Public Safety Officers. The new Public Safety building d o e s h a v e a f i t n e s s room and some exercise equipment. The Officers are enrouraged to work-o u t a t l e a s t 1/2 hour per day and also participate in jogging and biking. The exerci s e p r o g r a m i s under Keith Wall's direction and so far about 1/3 of the Officers are pa r t i c i p a t i n g . With respect to the formation of quality circles, I have a 14-page repor t ( c o p y o f cover attached) from the ICMA Management Information Service which gives s o m e v e r y helpful suggestions on implementation of a quality circle program and th e e x p e r i e n c e s of other cities. Quality circles are actually another form of the "Team M a n a g e m e n t " approach which has been utilized with our staff for many years. I will b e r e c e i v i n g the report in more detail and I plan to implement the suggestions which a r e a p p r o p r i a t e for our situation. As the Council is aware, we have made progress toward accomplishing sev e r a l o f o u r goals and I will plan to report back to the Council on a periodic basis t o u p d a t e o u r progress. CJJ:jp Attachments EDEN PRAIRIE SPECIAL CITY COUNCIL MEETING SDAY, MARCH 22, 1983 COUNCIL MEMBERS: CITY COUNCIL STAFF: 7:30 PM, CITY HALL Mayor Wolfgang Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen City Manager Carl J. Jullie; Finance Director John Frane; Planning Director Chris Enger; Director of Community Services Robert Lambert; Director of Public Works Eugene Dietz; Chief Building Inspector Wayne Sander's; City Assessor Robert Martz, and Police Captain Keith Wall ALSO PRESENT: Mark Weber, Eden Prairie News ROLL CALL: All Council members present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS The.following item was added to the Agenda under "New Business": "Request for waiver of raffle license fee by the Eden Prairie Senior Citizens organization". MOTION: Bentley moved, seconded by Anderson, to approve the agenda as amended. ' Motion carried unanimously. I. DISCUSSION OF CITY GOALS Council members and staff referred to the City Manager's memo of March 18, 1983, which listed thirteen general City goals to be reviewed. The following is a summary of the comments made and the actions taken under each item: 1. Look for ways to help the City deliver its services more efficiently, including the use of residents time and talents in helping provide some services. Also look for ways to cut paperwork and fully utilize data and word processing equipment. Encourage staff participation and input. Work in all ways toward professional administration and staff work, including courteous, friendly and responsive attitudes toward the public. COMMENTS: • Staff reviewed the potential use of volunteers for some areas of park maintenance activities. There was some question about the City's liability exposure in the instances of volunteers using City equipment. It would be appropriate to encourage volunteer organizations to cut infield grass with small mowers in lieu of City staff doing same. It was suggested that staff inquire of the business community any suggestions they might have with respect to volunteer services they might be in a position to provide. It was suggested that staff explore the possibility of utilizing employees from local businesses who may be firefighters in other communities. Those businesses may be open to allowing their employees to respond to fires in Eden Prairie. Staff should investigate the potential for a leadership exchange . /1/i9 City Council Minutes 2 March 22, 1983 Mr. Bentley will follow-up with more information on this through the Chamber. Other suggestions included inviting business people to visit with the staff department heads at City Hall for an exchange of ideas. Also it was noted that studies indicate that persons tend to lose their educational skills in a short period of time because of the advancement of technology, and that we should have training on a periodic basis to update our knowledge and maintain our skills. There was also discussion about reducing the volume of paper and a suggestion that the Council packets could be printed on both sides of the paper. MOTION: Bentley moved, seconded by Redpath, to refer No. 1 back to staff for more detail and specific recommendations with the intent of completing a long range plan to be updated annually. Staff is further directed to report back on this item within three months. Motion carried unanimously. 2. Help build and reinforce Community identity: a) Provision of information and adoption of procedures to make Eden Prairie a Minnesota "Star City", b) Work towards Mainstreet U.S.A. designation, COMMENTS: Council directed staff to proceed with a review of these designations and to investigate any cost implications which may result as a product of such designations. c) Continuation of work with Chamber of Commerce to assure a -good business climate and quality development in Eden Prairie -- should include maximum effort to "woo" high quality, clean industry and business to City and pursuance of corporate image. MOTION: Tangen moved, seconded by Bentley, to work towards better .understanding of and formalizing relationships between the Chamber, Development Commission and City Council. Also a better definition • of the role of the Development Commission is needed. Motion carried unanimously. d) Explore and implement ways to fully utilize Cable T.V. access. COMMENTS: Council directed staff to look at the technical and financial aspects of Cable T.V. and to review the potential for broadcast of Council meetings. 3. Begin Guide Plan Update process: a) Update of base information; b) Update of Goals and Objections; City 1. S d) New 5-year C.I.P. for roads, pub l i c b u i l d i n g s , t r u n k s e w e r a n d water, parks and trails, fire eq u i p m e n t a n d m a i n t e n a n c e e q u i p m e n t ; and e) Update City Code. COMMENTS: Council indicated that the Guide P l a n U p d a t e s h o u l d b e a c o n t i n u i n g process, and that a land use pla n u p d a t e f o r t h e - M a j o r r e n t e r A r e a should be the number one priorit y . S t a f f s h o u l d a l s o r e v i e w t h e impact of the Capital Improvemen t P r o g r a m o n t h e M C A . 4. Implement the "Reserve Fund" s y s t e M f o r 1 R B f i n a n c i n g a n d l o o k a t t h e Small Business Administration's 5 0 3 l o a n p r o g r a m f o r • s m a l l b u s i n e s s . • COMMENTS: Council directed staff to provide a l i s t i n g o f t h e p r o s a n d c o n s o f such program and to ask for an op i n i o n f r o m t h e C i t y ' s f i n a n c i a l • consultants, Ehlers & Associates. MOTION: Redpath moved, seconded b y A n d e r s o n , t o a d o p t a m o t i o n 1 0 t h a t effect. Motion carried unanimous l y . 5. Keep pressure on Mn/DOT for p r o m i s e d i m p r O v e m e n t s o n T . H . 5 a n d T . H . 169. • MOTION: Tangen moved, seconded b y A n d e r s o n , t o d i r e c t s t a f f t o keep in close contact with Mn/DO T s t a f f r e g a r d i n g s c h e d u l i n g a n d funding for promised improvements o n T . H . 5 a n d T . H . 1 6 9 . M o t i o n carried unanimously. 6. Make a decision on T.H. 212 corri d o r f r o m P r a i r i e C e n t e r D r i v e t o C o . Rd. 4. COMMENTS: Council and staff discussed the q u e s t i o n o f p o t e n t i a l l i a b i l i t y i f the City dues designate a specif i c c o r r i d o r . T h e r e i s a n e e d t o identify a funding conunitment fo r r i g h t - o f - w a y a s i t b e c o m e s available. Staff was directed to r e p o r t b a c k t o t h e C o u n c i l f o l l o w i n g the conclusion of a study now in p r o c e s s b y a j o i n t C i t y ' s t a s k . force looking at interim improve m e n t s t o t h e g e n e r a l T . H . 2 1 2 c o r r i d o r . It is anticipated that a report c a n b e b a c k t o t h e C o u n c i l b y t h e second meeting in May. 7. Work towards legislative changes i n l o c a l g o v e r n m e n t a i d a n d f i s c a l disparities formula which are de t r i m e n t a l t o E d e n P r a i r i e . MOTION: Bentley moved, seconded b y R e d p a t h , t o d i r e c t s t a f f t o contact our local legislators ex p r e s s i n g t o t h e m o u r c o n c e r n s w i t h the provisions of the present ai d f o r m u l a s a n d o u r r e c o m m e n d a t i o n s for changes which would be perti n e n t t o t h e i r d i s c u s s i o n o f p r o p o s e d new aid formulas. Motion carried u n a n i m o u s l y . 8. Pursue refunding and refinancing o f T . I . F . a n d o t h e r h i g h i n t e r e s t bonded debt. COMMENTS: dirnrtrd staff to proceed. jq City Council Minutes 4 March 22, 1983 9. Explore "opt-out" provision of MTC and local transit poten t i a l . COMMENTS: Staff was directed to pursue this possibility and to cont a c t c o m m u n i t i e s to the west for possible joint action in this matter.. 10. Look at staffing in all City departments to assifre we are i n a p r o d u c - tive and preventative-maintenance type posture rather tha n r e a c t i v e . Develop a physical fitness program for all City staff. COMMENTS: Council and staff discussed the potential scope of an ove r a l l w e l l n e s s program vs. physical fitness only. Council directed sta f f t o l o o k at possible alternatives and to develop specific recommenda t i o n s . 11. Pursue some innovative financing and sources of funding f o r C i t y : Special assessments for services, sale of development ri g h t s f r o m p a r k land, sale and lease-back of City buildings, parimutuel b e t t i n g , e t c . COMMENTS: Council directed staff to proceed with an analysis these alternatives. 12. Flying Cloud Airport: City should resist becoming the imp l e m e n t i n g agency for land use controls created because of airport in f l u e n c e o n surrounding property, and PUD should be adopted which allo w s c o n t r o l over land use and performance standards as is common to ot h e r u s e s i n town. COMMENTS: Council concurred with staff's concerns regarding influen c e o f t h e airport on surroUnding land use and directed staff to pro c e e d accordingly. 13. Consider a Charter Study Commission which would investiga t e a n d m a k e recommendations on the pros and cons of a Home Rule Chart e r f o r Eden Prairie. COMMENTS: Council directed staff to make it known in the conalunity t h a t w e a r e looking for a Charter Study Committee of possibly 7 - 15 m e m b e r s t o do a preliminary review on the desirability of. pursuing a Mome Rule Charter. Councilman Anderson proposed an additional goal to be add e d t o t h e p r i o r listing regarding the inter-connection of the City's tra i l s y s t e m . T h e Council concurred that there is a need to provide additio n a l t r a i l s throughout the community in order to tie together certain e x i s t i n g neighborhoods which do not have trails or access to exist i n g t r a i l s . The C. 1.P. for trail imorovenents should address this need. Staff was also directed to check into an ordinance which would r e q u i r e p e o p l e to use trails whenever .avaTtA.cher i tn in i Tn tcl h L t rog:It es ci. "?:.) MEMORANDUM TO: FROM: DATE: SUBJECT: Carl Jullie, City Manager Bob Lambert, Director of Community Serviceral.- - June 16, 1983 Fitness/Wellness Program for City of Eden Prairie As per your request, the Community Services staff hav e c o l l e c t e d d a t a r e g a r d i n g a recommendation for a wellness/fitness program for th e C i t y o f E d e n P r a i r i e . C i t y staff contacted seven large firms in Eden Prairie to s e e i f t h e y h a d i n c o r p o r a t e d a wellness or fitness program as part of their employe e b e n e f i t s . R o s e m o u n t w a s the only company that provided employees with inform a t i o n r e g a r d i n g w e l l n e s s . S u p e r Valu is presently working on a fitness program to be i n c o r p o r a t e d i n t h e F a l l o f 1 9 8 3 and Lee Data provides a health club reimbursement. Staff found that five of the seven companies provided r e c r e a t i o n a l f a c i l i t i e s f r e e of charge such as racquetball courts, tennis courts, ex e r c i s e e q u i p m e n t , a r u n n i n g track, etc. Perkins-Elmer did have a reduced cost fo r u s e o f r a c q u e t b a l l c o u r t s and a gymnasium. Example racquetball courts were $2 per h o u r . All of the companies contacted sponsored athletic tea m s i n o r d e r t o p r o m o t e p h y s i c a l fitness, as well as for the moral of the employees. The City Council has suggested that staff investiga t e a w e l l n e s s p r o g r a m . I n f o r m a t i o n regarding a wellness program is attached. You will n o t e t h a t i t d e a l s w i t h b a s i c a l l y three main areas: exercise, stress management and n u t r i t i o n . C o m p l e t e w e l l n e s s programs have usually only been incorporated by larg e c o m p a n i e s d u e t o t h e h i g h c o s t of these programs. Most larger wellness programs em p l o y a n e x e r c i s e e x p e r t a n d usually have a physiologist or a physician and a nut r i t i o n i s t e x p e r t a s c o n s u l t a n t s . A physical fitness program is one area of the welln e s s p r o g r a m . I n f o r m a t i o n r e g a r d i n g the benefits of a physical fitness program are attac h e d , a s w e l l a s m o r e d e t a i l e d information of what a physical fitness program includ e s . A p h y s i c a l f i t n e s s p r o g r a m should also be developed and monitored by a licensed p h y s i c i a n . Stress management is another area of a complete welln e s s p r o g r a m . I n f o r m a t i o n r e - garding stress management is also attached to this mem o . Due to a limited number of people employed by the Cit y o f E d e n P r a i r i e , t h e C o m m u n i t y Services Staff feel that it is doubtful that the City c a n a f f o r d t o e n t e r i n t o a complete wellness program. However, there are a numbe r o f p r o g r a m s t h e C i t y c o u l d initiate (some of which have been initiated) that wou l d h e l p t o p r o m o t e p h y s i c a l fitness, relieve stress, and improve employee moral. S t a f f f e e l s t h a t t h e C i t y should continue with the consulting services that are a v a i l a b l e f o r e m p l o y e e s t h a t are having difficulty with stress, alcohol, money man a g e m e n t , e t c . T h e s t a f f w o u l d recommend a minimum of four speakers per year on subj e c t s t h a t a r e c h o s e n b y C i t y staff as areas of interest. The Community Services Staff would also recommend tha t t h e C i t y M a n a g e r c o n s i d e r requesting the Council to sponsor City employee softb a l l a n d v o l l e y b a l l t e a m s t o promote physical fitness and employee moral. Staff w o u l d f u r t h e r s u g g e s t t h a t t h e Council consider paying for 50% of an individual memb e r s h i p a t t h e E d e n P r a i r i e Community Center for those employees that wish to mat c h t h e o t h e r 5 0 % t o e n c o u r a g e use of the exercise facilities at the Center. 103 -2- The Community Services Staff feel that these proposed benefits would be in line with many of the other private companies in the City of Eden Prairie and would provide benefits that would be appreciated by the staff and would encourage employees of the City to use these facilities to maintain their health and physical fitness. BL:md Company 8 Contact Person Wellness Program Fitness Program . Sponsor Teams Recreational Facilities Super Valu 824-4000 Mary Ann Eddy - Personnel 828-4024 Working on program for Fall Softball and Volley- ball Exercise room free to employees Running paths Perkins Elmer 828-6100 Barb Fragg 828-6111 . No - No . Softball Teams 3 racquetball courts tennis courts sauna, softball field gym equipment $2.00/hour $6.50/11/2 hour $5.00/quarter for basketball B Volleyball MTS Bruce Hebeisen 937-4173 No No Sponsor Teamst No Rosemount Tom Nelson 828-3726 U-• tic 1 week wellness week, fitness, nutrition and mental health NO Sponsor Teams Racquetball courts exercise, weight room, shower NO Charge CPT 937-8000 Becky Hulesheim 937-2227 No NO Sponsor Teams No - Gelco 828-1000 Cathy Page 828-2949 NO No Sponsor Teams No Volleyball Pit Lee Data 828-0300Robert Besinger - Management Health Club reimbursement: Sponsor".Teams-Ar 2 Racquetball Courts 2 Tennis Courts Softball Field Running Track Free. Free WELLNESS PROGRAMS The wellness concept is one which has taken hold in the United States over th e p a s t ten to fifteen years. Many people have discovered the word, but have not ne c e s s a r i l y understood its full meaning or concept. Wellness is defined as an active process through which individuals become mo r e a w a r e of and make choices towards a more successful existence. Part of this proce s s i n - cludes and involves re-learning behaviors and attitudes obtained in childhoo d , a n d presenting young children, as well as adults, with a positive lifestyle inte l l e c u t a l l y , emotionally, socially, occupationally, physically and spiritually. Wellness programs can be set up as individual, group or family units. The c o s t a n d goals of theprograms will vary depending upon the needs and wants of the par t i c i p a n t s . As of 1981 there were no established set of numbers that proved that employee w e l l - ness programs are cost-effective measures that offer reasonable return on the i n v e s t - ment required. Corporations such as Johnson and Johnson and Control Data S t a y w e l l are working to qualify the effectivenest of their programs, but definite lon g - t e r m evaluation of these programs is still in the future. Information that does support the concept of the wellness program is: . Ever increasing costs of medical benefits paid by the employer. Health- benefits paid to the employer has increased more than 800 percent over the past 25 years. . High rate of premature death among valuable employees. Premature deaths cos t American industry more than $25 billion annually. These deaths cost industry 132 million work days of lost output each year. . Heart attacks kill more than 500,000 Americans each year. The American Heart Association estimates that industry pays $700 million each year to recruit replacements for employees because of heart disease. Back pain afflicts 75 million workers, accounting for $1 billion in lost output, plus $250 million in workers' compensation claims annually. Growing employmec interest in health, fitness and illness prevention, A strong fitness program including a fitness facility available at the work place can be a definite recruitment advantage when hiring new employees. American companies have also entered into wellness programs due to lagging American productivity. For the past decade of American business and industry, the productivity of American business and industry has stagnated, while German and Japanese productivity have been increasing by as much as 10 percent a year. Particularly in Japan, humanized working conditions and employee fitness programs have been recognized as playing a key role in that country's rise to high-level productivity and high-quality products. The wellness program has many aspects and components. The three main areas i t d e a l s with are: exercise stress manageinent nutrition 1 4(p Nag irriiivaiIINNASIOS.6.4 n40121110 . The wellness program has many aspects and components. Exercise is often the key ingredient, but the wellness concept goes beyond just fitness dealing with the whole person. Some of the classes or groups involved in various wellness program include: • medical screening . nutrition counseling • weightloss groups • smoking-cessation groups • stress management . exercise • CPR . bank-injury prevention • saftey awareness • body-mechanics education • aerobics • alternative food choices • health risk reduction • risk identification • high risk/high yield programs • lifestyle assessment • heart rate (maximum, target heart rate, resting heart rate) Most larger wellness programs employ an exercise expert and usually have a physiologist or physician and a nutrition expert as consultants or on retainer. Training is held through various agencies, two include: The American Association of Fitness Directors in Business and Industry and Wellness Promotion Stategies Conference Sponsored by Institute for Lifestyle Improvement - University of Wisconsin, Stevens Point. The key concepts of a wellness program usually include: • . Risk Identification - Risk factors include both personal habits, (such as cigarette smoking, excessive consumption of alchohol, food intake and quality of food intake) and medical conditions (high blood pressure, high scrum cholestrol, sodium level problems). . Health Risk Reduction - Most models include ways to reduce your risks, and most models share the following assumptions: --to reduce a health risk, those at risk must first consider their susceptibility to a particular illness, recognize its importance, and believe that they can change their behavior to reduce their risks --an attempt to change and believe that recommended changes are within the participant's ability --motivation to achieve the change --support participant's effort to maintain their new behavior STRESS Stress is defined as any response of the body to demands being made on it. Only you can give stress to yoUrself and only you can take it away. Stages of Burnout 1. Fatigue - sleeplessness, eating or not eating, want and need more and more sleep. 2. Social Burnout - tired of dealing with people. Seek isolation. Tend to shift priorities from people to things. 3. Intellectual Burnout - tired of thinking, inattention, clock watcher, just meet deadlines. 4. Psycho-emotional "my needs are not being met". Nothing excites you, bored, re- active instead of proactive. reactive=tolerance - proactive-coping S, Spiritual Burnout - impact on others is negative or neutral. No spark, alienated, threatened. Stress can be dealt with in many ways. Simple ones can include four phases of coping with stress. 1. To become informed and aware of stress. 2. To identify stress producing factors. 3. To select coping stategies that suit the individual needs. 4. The commitment to make necessary changes to effectively cope with stress. Other are more detailed forms and relaxation techniques. Mitioliabi.1416:4911411iMW SPECIFIC STRATEGICS FOR Orr.i ,V!!/11* STRESS ..8.1 Ideas For Revitalizing And Energizing Y o u r s e l f . Things You Can DO TO Cope More Effectively " Donald A. Tubesing, Ph.D. Vow, after all that information on stres s a n d t h e w a y i t m a y t r a p y o u - - a f t e r a l l those ideas about how to get out of the t r a p , h o w t o h a n d l e y o u r s t r e s s m o r e c r e a - tively and make it work for you--after al l o f t h a t y o u ' v e s t i l l g o t t h e m o s t e s s e n - tial questions before you:. • What can you do about your stress? • What should you do about it? • Uhat will you do about it? flare are some examples of creative chang e s t h a t o t h e r s h a v e f o u n d r e - e n e r g i z i n g for them. Sane of these ideas you might f i n d h e l p f u l t o y o u i n y o u r s e a r c h t o r e - lieve your distress-:-to turn the tables o n s t r e s s a n d m a k e i t w o r k f o r you rather than against you. Use these as :stimulators. Dream up your own creative s e t o f a c - tivities designed to get you the results y o u d e s i r e . You Can Develop Self-Understanding: Listen to the voice of your body. (7) Make a list of your present goals. -(8) Write a diary, or a journal. Analyze your successes. . (9) Get feedback from others_on how they see you. Make use of the helping professions. Keen track of your "stress quotinentP Find out what is controllable in your life and what isn't. • Be honest with yourself. You Can Improve Your Mind: (10) Read about stress and human growth. (11) Learn about stress. (12) Be sensitive to all dimensions of life. (13)Take a Course. (14) Go to the public library. (15) Think about great ideas. (16) Clear your mind. You Can Develop Healthy Attitudes: (17) Develop the attitude of gratitude. (21) Don't be afraid of failure. (18) Think positively. (22) Practice living in the present. (19) Learn to accept that you cannot chams.(23 ) G e t f r i e n d l y w i t h l e i s u r e . (n) Learn to love yourself. (24) Reward yourself. You Can Control Your Emotions: (25) ;Omit to yourself how you feel. (26) Practice self expression : (27) Work off your anger. (28) Face your fears. (29) Experiment with acting your : way to a new feeling. lq2:1 (r) 1977 Donald A. Tubes ing MA11141110111110111•n••w Awls • youCar ...1 St n Your Pod ' (30) Learn to relag. • (35) Control all your ivinut. (31) Get proper rest. - - - '-'4. (36) -Press the way that feels right. (32) Get regular vigorous exerciie. .---zt (37) Practice good posture. (33) Eat a nutritionally balanced diet. (30) Utilize medical checkups. (34) Lose weight. You Can Inprove Your Personal Relationships: “' . - - -(39) Seek out good friends. (44) Give the other person a break. (40) Share yourself with significantothem(45) Don't criticize and blame others. (41) Contact new peo)le. . • :- --(46) Give in occasionally. (42) Do something for others. -(47) Make clear choices. (43) Take charge of getting involved. . -(40/• Face painful questions directly. You'Can.Lift Your Spirit; • LtoU.74- • - . • . - . (49) 'Jerk toward deepening your life.- =(64) Engage :in organized ieeliginns netivity. (50) Keep things in proper perspective.--(55) Encourage your gentleness.... - , (51) Don't do wrong. ::-(56). Learn to play again. (52) Learn to let go. (57) Laugh. (6 3 ) Allot time for daily meditation. Yob Can Control Your Job: (58) Remember no job is tense. (59) Focus on one thing at a time. (GO) Don't try. to be perfect. • (62) Take some tine off.- .- (63)- Take. a nap at-work. :(64)- Redefine your 'job. (61):Define the.purpose.of work. n .:-.• (65) quit. You Can Improve Your Environment: - (66) Find Security. (69) Rearrange & redecorate your home. _ . (67) Spend time in a new environment. (70) Cut down excessive noise. 160): Change residence. 4724. Control' the.T.V. set. You Can Live A healthy Lifestyle: ' :* -r-.: (72) Be yourself. (79) Take time to be alone. .(73) Arrange to have variety in your life. (00) Plan relaxed vacations. (74) Take one thing at a tine. • (81) Practice relaxed driving. (75) Don't let things drift." %:(02)7 tieVe1op a'hobby .: (76). Plan for maximum comfort. -403Y-Develap •onri own list bE-bbiling (77). Learn to vary your pace.. -.-:: .(70) Set up desireable futures.. Is any one of these answers just right for you? Probably not. But one, or a c o * Aanatien of coping ideas might stimulate ii0;;43 adi,hg"for Yolmight suggest for you -eome vays you can begin to shake yourselfin, Shake:-Wyour-habitei shake yo u r s e l f it of the dumps. • Now is the time for you to tegib' formulating A- plan that you think will help you be more creative in managing your stress, that will lead y o u t o a greater sense of freedom And joy in your life. You must creato your plan. Yo u must choose the changes you want to make. Coth the challenge and the reward s a r e yours. la, 11.12,0 156 APPENDIX STRESS MANAGEMENT "TIPS" PEOPLE COME TO THE WALLINGFORD WELLNESS PROJECT NOT ONLY TO LEARN, BUT TO SHARE SKILLS AND KNOWLEDGE THEY ALREADY HAVE. WE ALL HAVE OUR FAVORITE MEANS OF RELAXING AND MANAGING STRESS. THE FOLLOWING LIST OF IDEAS WAS COMPILED FROM SUGGESTIONS MADE BY THE WELLNESS PARTICIPANTS AND STAFF. 1. SIMPLIFY YOUR LIFE. PRIORITIZE YOUR SCHEDULE AND DO ONE THING AT A TIME. ALLOW TIME EACH DAY FOR FUN AND RELAXATION - SOMETHING YOU ENJOY DOING. FOR EXAMPLE, ONE PARTICIPANT SAYS SHE FINDS THAT "SITTING AND PETTING MY CAT IS VERY RELAXING." 2. AVOID PROCRASTINATION. ONE WOMAN SAID STARTING OR FINISHING SOMETHING YOU HAVE BEEN MEANING TO DO -- SUCH AS CLEANING OUT YOUR SHELVES -- IS A GOOD WAY TO REDUCE TENSION. 3. BE ASSERTIVE. LEARN TO SAY "NO" IN A FIRM WAY SO THAT YOU WON'T FIND YOURSELF TAKING ON MORE THAN YOU CAN HANDLE. DEVELOP SKILLS IN NEGOTIATION AND COMPROMISE. 4. ENGAGE IN SOME KIND OF PHYSICAL ACTIVITY SUCH AS JOGGING OR BICYCLING. TWO PARTICIPANTS HAVE MADE WALKING SEVERAL MILES TOGETHER PART OF THEIR DAILY ROUTINE. 5. WORK WITH YOUR HANDS. SOME PARTICIPANTS FIND PAINTING OR KNITTING RELAXING. A NUMBER OF OTHERS ARE AVID GARDENERS. 6. PRACTICE NEUROMUSCULAR RELAXATION TECHNIQUES, MEDITATION OR YOGA. ONE PARTICIPANT HAS BEEN PRACTICING PROGRESSIVE RELAXATION TECHNIQUES FOR MANY YEARS AND CLAIMS TO RARELY FEEL TENSE. 7. PLAY AN INSTRUMENT, OR LISTEN TO MUSIC OR RELAXATION TAPES. TRY MUSIC AS A BACKGROUND TO READING OR TAKING A HOT BATH. A STAFF MEMBER ENJOYS CLASSICAL MUSIC WHILE ROCKING IN A ROCKING CHAIR. 8. TREAT YOURSELF OR OTHERS TO A MASSAGE. ONE PARTICIPANT, NOTING A GREAT DEAL OF STRESS AT WORK, TAUGHT SHOULDER AND NECK MASSAGE TO HER CO-WORKERS. CONTINUED ... 1(12, 157 9. USE POSITIVE COGNITIVE AFFIRMATIONS. WRITE THEM DOWN AN D L O O K A T T H E M DAILY. PARTICIPANTS SUGGESTED AS EXAMPLES: "I RELEASE THIS SITUATION FOR NOW." "I AM CALMLY ACTIVE AND ACTIVELY CALM." . _ _ -OR, SOME PARTICIPANTS USE PLEASANT IMAGERY TO RELEASE UNWAN T E D T E N S I O N . IMAGINE YOURSELF IN YOUR OWN PEACEFUL, RELAXING PLACE. O. TAKE CHANGE OF PACE BREAKS DURING THE DAY. IF YOU'VE BEE N S I T T I N G F O R . AWHILE, TREAT YOURSELF TO A STRETCHING BREAK. ONE PARTICIP A N T D O E S DEEP BREATHING AS A CHANGE OF ACTIVITY AND ENERGIZER: IT IS A L S O A G O O D RELAXER. THE CHANGE OF PACE CONCEPT IS IMPORTANT THROUGHOUT Y O U R D A Y , WEEK, MONTH, YEAR. PLAN TIME OUT TO ENJOY NATURE, YOUR FRIE N D S , Y O U R HOBBIES. VACATIONS CAN BE OPPORTUNITIES FOR REVITALIZATION A N D R E N E W A L . 11. SCAN YOUR BODY FROM HEAD TO TOES FREQUENTLY TO CHECK FOR A R E A S O F MUSCLE TENSION. THIS BODY SCAN ENABLES YOU TO TUNE INTO YOUR B O D Y A N D IDENTIFY TENSE SPOTS. THEN YOU CAN CONSCIOUSLY RELEASE THE T E N S I O N THROUGH MUSCLE RELAXATION OR MOVEMENT. . WHAT. DO YOU DO TO RELAX AND MANAGE STRESS? 4. El :I COPING: Decide what you do well; it helps to have a hobby 11 rules for you to follow ( -11 dealing with your tensions "At any given time. 25 percent of the population is under the kind of emotional stress that results in symptoms of depression or anxiety." —President's Commission on Mental Health Here are II suggestions from the National Association for Mental Health on how to deal with your tensions: • Talk it out. When something worries you, don't bottle it up. Confide your worry to Some level-headed person you can trust—your husband or wife, father or mother, a good friend, your clergyman, your family doctor, a teacher, school counselor or dean. Talking things out helps to relieve your strain, helps you to see your worry in a clearer light and often helps you to see what you can do about it. El Escape for awhile. Sometimes when things go wrong it helps to escape from the painful problem for awhile: to lose yourself in a movie or a book or a game, or to take a brief trip for a change of scene. Mak n ng yvirselt -stand there and suffer - is a lorm of self -punishment. not a way to soke a problem. But be prepared to come back and deal with your difficulty when you ere more composed. a Work off your anger. If you tool like lashing out at someone who has provoked you. try holding off that impulse for awhile. Lot it wait until tomorrow Meanwhile, do something constructive with your print -UP energy. Pitch into some physical activity like gardening cleaning out the garage carpentry or some other de-it-yourself project. Or work it out in tennis or a long walk. € Give in occasionally. If you find yourself getting into frequent quarrels with people, and feeling obstinate and defiant, remember that that's the way frustrated children behave. Even if you're dead right, it's easier on your system to give in once in a while. If you yield, you'll usually fincl that others will. too. '411 Do something for others. If you feel yourself worrying about yourself oil the time, try doing something for somebody else. You'll find this will take the steam out of your worries and—even better — give you a fine feeling of having done well. € Take one thing at a time. For people under tension, an ordinary work load can sometimes seem unbeatable. When that happens, remember that it's a tem- porary condition and you can work your way out of it. The surest way to do this is to take a few of the most urgent tasks and pitch into them, one at a time, setting aside all of the rest for the time being. Once you dis- pose of these you'll see that the remainder Is not such a horrible mess after all. Shun the Superman urge. Some people expect too much from theniselves, and gel into a constant state of worry because they think they are not achieving as much as they should. No one can be perfect in every- thing. Decide which things you do well, then put your major effort Into these. They mire apt to be the thins you like to do, and hence those that glee you the most saes- faction. • Go easy with your criticism. Some people expect too much Of others, and then feel frustrated, let down. disappointed, even trapped when another person does not measure up. The °trier person ma% be s wife, a husband or a chiA whom we are trying ro fit into a preconceived pattern—perhaps even trying to make over to six ourselves. Instead of being critical about the other person's behavior, search out the good points and help him to develop them. • Give the other fellow a break. When people are under emotional tension, they often feel that they have to "get there first"—to edge out the othef person. no matter if the goal is as trivial as getting ahead on the highway. If enough of us feel that way—and many of us do—then everything becomes a race in which somebody is bound to get Injured—physically. on the highway, or emotionally and men- tally. II Make yourself available. Many of us have the feeling that we are being left out, slighted. neglected, rejected. Often we just j Imagine that other people feel this way about us, when in reality they are eager for us to make the first move. It may be we are deprecating our. ! selves. Instead of shrinking away I and withdrawing, it is much healthier, as well as more practi. cal. to "make yourself available," to make some of the overtures instead of always waiting to be asked. I Schedule your recreation. Many people drive themselves so hard that they allow themselves toe little time for recreation—an essential for good physical and mental health. They find it bard to make themselves take time out. For such people a net routine and schedule will help--a program of definite hours when they will en- gage In some reaction. And In general Ills desirable for almost everyone to have a hobby that absorbs him in of f.hours—one Mtn which he can threw himself completely end with pleasure. for- I getting about his wurk Re 3 Management Information Service International City Management Association VOLUME 14 NUMBER 3 MARCH 1982 Quality circles: productivity improvement processes REPORT AT A GLANCE Quality circles function to identify and what they can do for an organization, analyze causes of problems affecting the circle members' work place, to de- Quality circles involve employees vol- termine appropriate solutions to these untarily in making decisions and solv- problems, to recommend solutions to ing problems in their work place. Quality management, and to implement ap- circles are based on the assumptions proved solutions. that employees do want to contribute to the betterment of their work, that Management commitment and proper their expertise can be tapped, and that planning are crucial to the develop- ment and implementation of an effec- tive quality circle program. Proper training of all the people involved in the program is also important to the success of a quality circle program. this can result in better decisions and actions for them and the organization. Circles can be of significant value in increasing morale, enriching jobs, in- creasing quality and productivity, mo- tivating people, and tapping employee's unused knowledge. Quality circles are not panaceas for solving all of an organization's produc- tivity problems. Also, the form and structure of a program does not neces- sarily have to follow a textbook ex- ample, but can be adapted to fulfill a local government's particular needs. Especially for smaller local govern- ments, adaptations should be con- sidered while reading this report. This month's report essopines quality circles, a productivity improvement process that currently is receising in- creasing interest from local govern- ments. The report will look at what quality circles are, how thes operate, and