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HomeMy WebLinkAboutCity Council - 11/01/1983 tDEN PRAIRIE CITY COUNCIL,AGENDA JESDAY, NOVEMBER 1, 1983, 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Richard Anderson, n George Bentley, Paul Redpath and George Tangen - CITY COU14CIL STAFF; �� ,.j ity Manager Carl J. Jullie; City Attorney �{ Roger Pauly; Finance Director John Frane; rl Planning Director Chris*Enger; Director of Coronunity Services Robert Lambert; Director of Public Works Eugene A. Deitz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS II. MINUTES . A. Continued Council Meeting held Thursday, October 6, 1983 Page 2302 B. Regular City Council Meeting held Tuesday, October 18, 1983 Page 2314 C. SLecial CitL Council Meeting held Tuesday, October 25, 1983 Page 2323 D. Special City Council Meeting held Wednesday, October 26, 1983 Page 2324 III. CONSENT CALENDAR A. Clerk's License List Page 2325 B. Signal Agreement with Hennepin County (Resolution No. 83-274) Page 2326 C. 2nd Reading of Ordinance No. 32-83, 7oning from Rural to R1-13.5 for Page 2333 PuL2tory Ridge _Rembrandt Ridge by Neil A. Lewis and Associates, and Ado2tion of Resolution No. 83-268, Approving Development Plan. 19 res single family idential lots east of 168th Avenue West and south of Chatham Woods. D. Final Plat aPeroval for Pur a9 tor_ Ridge_(fornerlyRembrandt Ridge) - page 233r east of'*l6Bth Avenue West, south of Chatham Re Woods solution No. 83-216T- E. Final Plat approval for Menard's 4th Addition (Resolution No. 83-277) Page 2338 F. Beckman F.L.S. Page 234,, G. Recuest_ for Public_ Hearing for the removal of Diseased Trees on Private Page 234, ProperCy Wnd set date of Public Hearinq for D:cember 6, 1983 S City Council Agenda - 2 - Tues.,November 1, 1983 H. Parks, Recreation 6 Natural Resources Commission request re4_ardin9 Page 2342 Riley Lake Park Usage Report I. Review and approve Timber Creek Park Conceot Plan Page 2343 J. improve Phase I Bids for Cummins/Grill Homestead Page 2345 K. 2nd Reading of Ordinance No. 51-83, Zoning from Rural to P,M-6.5 for Page 2349 Bluff Ridge b, Mark Charles, Approval of Developer's Agreement for Bluff Ridge, and Adoption of Resolutien'tlo. 83-264, Approvinq Summary of Ordinance No. 51-83, and orderin the Publication of Said Summaryof Bluff Ridge. 86 units on 6.2 acres at County Road 1 and Fran o Road, L. 2nd Reading_of Ordinance No. 51-83, Zoningfrom rom Rural to Regional Page 2364 ^' �riEe rcia Service for Castlemoor Iffice Park by Tudor Oaks/ABIO 1 Holdings, Approval of Developer's Agreement for Castlemoor Office Park, and Adoption of Resolution No_83-265, Approving Summary of Ordinance { No. 51-B3, and Ordering the Publication of Said Summary of Castlemoor Office Park. 3.5 acres for office and bank at Highway 169 and Castlemoor ririv�— M. 2nd Reading of Ordinance No. 52-83, Zoning from Rural to Rl- Page 2369 efor Paulsen's Addition by Dirlam Development and Adopt_ionnof eso ution No. 83-ebb, Approving Development Plan. 43 single family lots on 21.6 acres at Valley Road and Ticonderoga Trail. N. 2nd Readinn of Ordinance No. 48-83, Zoning from Rural to R1-13.5 for Page 2371 Maple Hill Addition by Charis Partnership and Adoption of Resolution 1 No. 83-267, Approving Development Plan. 11 lots at 18811 Duck Lake Trail. r O. 2nd Reading of Ordinance No. 53-83, Zoning Amendment for 1st National Page 2373 Bank of Edina and Adoption of Resolution No._B33--269, Approving Development Plan. Drive-through banking facility at Prairie Center Drive and Franlo Road. P. Final Plat approval for Apple Groves (Resolution No. 83-278) Page 2376 !. Final Plat approval for Apple Groves 2nd Addition (Resolution No. 83- Page 2379 279) a IV. PUBLIC HEARINGS A. SPECIAL ASSESSMENT HEARING, I.C. 51-335 I. FEASIBILITY REPORT, SHADY OAK ROAD IMPROVEMENTS, I.C. 52-926 (Resolution Page 23B2 No. 63-275 V. PAYMENT OF CLAIMS NOS. 10361 - 19521 Page 23B3 1. VI. REPORTS OF ADVISORY COMMISSIONS VII. PETITIONS, RE UESTS & CIMMUNI CATIONS A. LEE DATA ACCESS by Opus Corporation. Request for Registered Land Survey Page 2278 for 074 acre for alternate access for Lee Data Site. Location: West of 70th Street at Highway 169. (Resolution No. 83-253 - Approving R.L.S.) Continued from October 18, 1983. . f City Council Agenda - 3 - Tues.,November 1, 1983 Vill. ORDINANCES & RESOLUTIONS , A. Settin Sale of 514 800 000.00 T.I.F. Refunding Bonds (Resolution No. Page 2389 83-270 B. Setting Sale of $300,000.00 Equipment Certificates (Resolution No. , 83-271 C. Settin Sale of $400,000.00 General Obligation Water & Sewer Bonds (Resolution No. 83-272 D. Settin Sale of $2,200,000.00 Special Assessment Improvements Bonds (Resolution No. 83-273 IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members B. Report of City Manager C. Report of City Attorney D. Report of Director of Community Services 1. Award Summer Hockey School Contract Page 2390 X, NEW BUSINESS XI. ADJOURNMENT. i UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL CONTINUED MEETING THURSDAY, OCTOBER 6, 1983 7:30 PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson, Georc Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, Planning Director Chris Enger, Director of Community Ser- vices Robert Lambert, Director of Public Works Eugene A. Dietz, and Recording Secretary Karen Michael INVOCATION: Councilman George Bentley PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. MOTION: Bentley moved, seconded by Redpath, to table IV. A. 1983 Special Assessment Hearing until IV. B. Preserve Manor Homes had been heard because the Court Reporter had not yet arrived to take testimony regarding the Special Assessment Hearing. Motion carried unanimously. IV. B. PRESERVE MANOR HOMES by Quality Homes, Request for Comprehensive Guide Plan Amendment from Church to Medium Density Residential, Planned Unit Development Concept Amendment, Planned Unit Development District Review and Zoning Dis- trict Change from Rural to RM-2,5, and Preliminary Plat for four 8-plex con- dominium buildings, 32 units, on 4.0 acres. Location: northeast quadrant of Center Way and Anderson Lakes Parkway. (Resolution No. B3-225 - Compre- hensive Guide Plan Amendment, Resolution No. B3-226 - PUD Concept Amendment, Ordinance No. 44-83 - Zoning, and Resolution No. 83-227 - preliminary plat) - continued from September 20, 1983, City Manager Jullie indicated Planning Director Enger had reported the proponents had met with the neighboring property owners and had reached agreement as to desirable changes in the site plan. Randy Weestrand, Quality Homes, introduced Larry Peterson of The Preserve and Miles Lindberg of BRW. Peterson reviewed how this particular site had been determined a church site. Lindberg summarized the specific changes which have been made since the meeting with the reighbors.and addressed the concerns which had been expressed by the Council at the September 20th meeting. i i j r City Council Minutes -2- October 6, 1983 Planning Director Enger stated Staff had reviewed the changes in the road and the landscaping plans. He said John Peterson of the Prairie Lakes Preserve Condominium One Association had indicated the Association was in full agreement with the changes which had been made. He said Staff also felt the changes which had been made were an improvement in the project and would recommend approval. Penzel said neighbors of the proposed project should have received hand delivered notification of tonight's continued Public Hearing. He called attention to a letter of September 28, 1983, from Randall J. Weestrand to John A. Peterson in which the items of agreement were outlined. (Copy is attached to these Minutes.) Bentley asked for further information regarding the landscape plan. Lindberg reviewed what is to be done. Enger said what is proposed will give the buildings a sense of scale rather than providing a lot of screen- ing. Weestrand said he would like permission to apply for a grading permit as soon as possible. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 83-225, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Redpath moved, seconded by Tangen, to adopt Resolution No. 83-226, approving Preserve Manor Homes Planned Unit Development Concept. Motion carried unanimously, MOTION: Redpath moved, seconded by Anderson, to give 1st Reading to Ordinance No. 44-83 for zoning and to direct Staff to prepare a Summary Resolution in- cluding recommendations of the Staff - Staff was instructed to meet with the developer to discuss screening on the south and removal of the large tree at the entrance. Hotion carried unanimously. MOTION: Redpath moved, seconded by Anderson, to adopt Resolution No. 83-227, approving the preliminary plat of Preserve Manor Homes for Quality Homes. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to grant permission to the developer to grade the property prior to 2nd Reading. The developer is to recognize this is done at his own risk, Bentley indicated he would vote against the motion to allow early grading and will continue to vote in this manner in the future as he is uncomfortable with developers being allowed to do this prior to 2nd Reading, Redpath said if this were not allowed it might result in a months delay for some developers. VOTE ON MOTION: Motion carried with Bentley and Penzel voting "no." City Council Minutes -3- October 6, 1983 A. 1983 SPECIAL ASSESSMENT HEARING (Resolution No. 83-208) - continued from September 20, 1983 Assistant City Attorney Richard Rosow noted this was a continuation of a Public Hearing which began on Tuesday evening, October 4, 1983. He said there were two parcels to be considered this evening. Rosow reviewed the procedure to be used and noted the City's witnesses would be under oath. Director of Public Works Dietz and Berge Hansen, appraiser, were sworn in by Court Reporter Ginny Ledford. Testimony was heard on RLS 1520 Tract A, the Busse Company parcel. Those heard were Dietz, Berge Hansen, Gary Phleger, attorney for Busse, John Busse, and William C. Warner, appraiser for Busse. Busse and Warner were sworn in by the Court Report prior to giving their testimony. MOTION: Redpath moved, seconded by Bentley, to set the benefit of this assessment at no less than $32,000. Motion carried unanimously. Dietz stated the last testimony to be heard was in regard to I.C. 51-3D8C from G.P. Schoenfelder, an absentee landlord, who objected to preserve his rights. Berge Hansen testified as to his findings; his report was introdu- ced and made a part of the record, MOTION: Bentley moved, seconded by Redpath, a finding of $43,100 in accord- ance with Berge Hansen's report. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-208, approving 1983 Special Assessments, subject to the changes made by the City Council on October 4 and October 6. Motion carried unanimously. Tangen said he felt the Council owed an apology to those residents who had sat through a good portion of Tuesday evening's City Council meeting only to have the agenda item with which they were concerned continued to this evening -- and then to have to again wait. MOTION: Tangen moved, seconded by Anderson, to hold future Special Assess- ment hearings no later than the second Council meeting in August, Motion carried unanimously. C. APPLE GROVES by Northwest Properties, Request for Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential, Planned Unit Development Concept Review, Planned Unit Development District Review for mixed residential land use and Zoning from Rural to 111-13.5, 111-9.5, with variances, and RM-6.5, with variances, Preliminary Platting of 40.91 acres for 162 attached and detached single family units, and Environmental Assessment Worksheet Review. Location: south of Valley View Road and west of Lorence Addition. (Resolution No. 83-242 - Comprehesive Guide Plan Amend- ment, Resolution No. 83-234 - PUD Concept, Ordinance No. 47-83 - PUD District Zoning, Resolution No. 83-235 - preliminary plat, Resolution No. 83-236 - Environmental Assessment Worksheet Negative Declaration.) t City Council Minutes -4- October 6, 1983 City Manager Jullie stated notice of this Public Hearing had been published j and property owners within the project vicinity had been notified. Hani Hayek, proponent, addressed the proposal. Director of Planning Enger noted this request had been reviewed by the Planning Commission at its August 26, August 29, September 12, and Septem- ber 26, 1983, meetings. The Commission voted at its September 26, 1983, meeting to recommend approval subject to the recommendations included in the Planning Staff Report of September 23, 1983. There was no report from the Parks, Recreation & Natural Resources Commis- sion as this request will be on its October 17, 1983, agenda. Penzel called attention to a petition submitted by residents of the Heritage Park/Round Lake Estates areas requesting construction traffic be restricted to Valley View Road. This petition is a part of these Minutes. Bentley asked if the parking in the townhouse area was adequate, Enger said it would be and pointed out that all townhouse units would have double garages. Bentley inquired about the cul-de-sacs and the fact that they were not connected. Enger explained this was an attempt to not connect the single family area with the traffic created by the multi-family area. Redpath asked about the phasing of the project. Enger said the property. .is going to be zoned at one time which 'Is unlike some other proposals s which tend to be conceptual in nature. Hayek reviewed the phasing; he { said all buyers would be made aware as to what is proposed for each phase. Donna Nardi, 18141 Valley View Road, expressed concern about the townhouses which are proposed. She said when they moved into this area this area was indicated as a single family area. Penzel said the market dictates what is built. He pointed out that Eden Prairie is an employment center rather than a bedroom community and all types of housing are necessary, a. Michelle Nixon, 18105 Valley View Road, said she appreciates the time and . effort which has gone into improving this proposal since the time it was 1 first introduced. She expressed concern with the density in this area -- this area of the community has a high school, elementary school and City park and she felt the additional density created by townhouses will only create problems. She was also concerned with the "blend" in the cost of housing. Bentley noted the economic mix as well as the mix in multi- ' family and single family has worked well in The Preserve. Redpath said ! he continues to be concerned that townhouses are placed next to the rail- road tracks or in the least desirable part of a development, Ron Olson, 7610 Heritage Road, said he was concerned over the "domino effect." He said the residents of this area are now looking at the prospect of 600 additional units in the Kerber Farm area. He said he did not feel the City was looking at the overall effect these proposals will have on a0)0, _ ___ City Council Minutes -5- October 6, 1983 this portion of the City. He said Round Lake Park is already over utilized; the residents are concerned about additional traffic on Valley View Road. He said he questions the benefit of the multi-family units on this area and wonders about the effect of the density on the sewer and water systems. Penzel noted that Valley View Road has adequate capacity to handle this development. He added that the water system has been expanded recently and explained how the capacity is measured and the City's policy in regard to services. Donna Nardi said any expansion of services will cost the residents more money and with taxes at the level they are no one can afford more. Eugene Peterson, 7443 Hames Way, indicated there would be problems with run-off due to the impervious surfaces and this will have a negative effect on Round Lake. Director of Public Works Dietz said there is a sediment pond and storm sewer which will be adequate to handle the run-off. It was also pointed out that the fertilizers used by the farms in the area more than likely have a detrimental effect on Round Lake and are probably of greater harm than what will be generated by the proposed. MOTION: Bentley moved, seconded by Anderson, to close the Public Hearing and to adopt Resolution No. 83-242, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to adopt Resolution No. 83-234, approving the Apple Groves Planned Unit Development Concept. t Motion carried unanimously. ` MOTION: Bentley moved, seconded by Redpath, to give 1st Reading to �. Ordinance No. 47-83, zoning. Motion carried unanimously, i MOTION: Bentley moved, seconded by Redpath, to adopt Resolution No. 83-235, 7 approving the preliminary plat of Apple Groves for Northwest Properties. Motion carried unanimously, MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-236, finding the amended Environmental Assessment Worksheet for Apple Groves, a Private Action, which does not require an Environmental Impact Statement. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Developer's Agreement, taking into consideration the recommendations of the Staff Report with final action on the Developer's Agreement to be delayed until this proposal has been reviewed by the Parks, Recreation & Natural Resources Commission. Motion carried unanimously. There was discussion as to the timing of proposals and the fact that some have come before the Council prior to the time they have been reviewed by the Parks, Recreation & Natural Resources Commission. The problem has come up when the Planning Commission has had to further review a proposal after it has been scheduled (via Public Hearing notices in the Eden Prairie News) for the Council agenda. This will be looked into by Staff, d�O�n City Council Minutes -6- October 6, 1983 Ron Krueger, engineer for the developer, asked if permission to do grading could be granted. Discussion ensued. MOTION: Tangen moved, seconded by Redpath, to allow preliminary grading s of the property south of the railroad tracks. Motion carried with Bentley { voting "no." ± MOTION: Bentley moved, seconded by Tangen, to have roads posted so that construction traffic will be restricted to Valley View Road. Motion carried unanimously. D. MAPLE HILL by Charis. Request for Zoning District change from Rural to 2�-1 .5 for singe Tamily detached land use and preliminary plat of 5.3 acres for eleven (.11) lots. Location: 18811 Duck Lake Trail. (Ordinance No. 43-83 - zoning and Resolution No. 83-237 - preliminary plat.) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Bill Bonner, proponent, spoke to the proposal. Director of Planning Enger said this request had been reviewed by the Planning Commission at its meeting on September 1.2, 1983, at which time it voted to recommend approval subject to the recommendations included in the Staff Report of September 8, 1983. He said Mr. Rudin's concerns y regarding the drainage have been addressed and resolved. There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No, 48-83, zoning. Motion carried unanimously, MOTION: Redpath moved, seconded by Penzel, to adopt Resolution No. B3-237, approving the preliminary plat of Maple Hill for the Charis Partnership. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution including the recommendations of Staff and the Commissions. Motion carried unanimously. City Council Minutes -7- October 6, 1983 E. LILLIAN BECKMAN. Request for Preliminary Plat of 4.5 acres into three 3 single family detached lots. Location: 12400 Gerard Drive. (Reso- lution No. 83-238 - preliminary plat.) City Manager Jullie stated notice of this Public Hearing had been pub- lished and property owners within the project vicinity had been notified. Planning Director Enger said the Planning Commission had recommended approval of this request subject to the recommendations included in the Staff Report of September 9, 1983. Tangen asked if this had been reviewed by the Parks, Recreation & Natural Resources Commission. Enger said it had not done so. Tangen expressed concern that it be reviewed by that Commission since there is an opportunity for a trail connection in this area. Howard Kaerwer, 12800 Gerard, said neither he nor the Hansons, who are also neighbors, have any objection to the replatting of the Beckman parcel. He said the Hansons are frustrated because the subject of a trail through their property keeps coming up time after time. Anderson noted that the trail in the Cardinal Creek area is a dead end trail and the City Council should find a way of connecting it to the Topview area. Penzel said it is pointless to discuss that at this time because a trail connection cannot be made through the Beckman parcel. Tangen said he felt the Council was jumping ahead of the Parks, Recreation & Natural Resources Commission. Enger said the Parks, Recreation & Natural Resources Commission can review 1 this request prior to final plat approval. Kaerwer indicated that he had 1� a way of solving the trail problem. It was suggested he discuss this with the Parks, Recreation & Natural Resources Commission and Staff. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to adopt Resolution No. 83-238, approving the preliminary plat of Lillian Beckman. Motion carried unanimously. MOTION: Tangen moved, seconded by Anderson, to send the request to the Parks, Recreation & Natural Resources Commission for its review prior to final plat approval. Motion carried unanimously. F. PRAIRIE WASH ADDITION bX Ricky Ites. Request for Zoning District Change rom R—u—raT to Commercial Regional Service for a car wash/office land use and Preliminary Plat of 1.56 acres for one lot. Location: east of Prairie Center Drive and south of Valley View Road. (Ordinance No. 49-83 - zoning and Resolution No. 83-239 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Lee Johnson, representative for the proponent, addressed the proposal. 1 } City Council Minutes =8- October 6, 1983 Director of Planning Enger said the Planning Commission had reviewed this request at its meeting on September 12, 1983, at which time it voted to recommend approval subject to the recommendations included in the Staff Report of September 9, 1983. This item was not reviewed by the Parks, Recreation b Natural Resources Commission. There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 49-83, zoning. Motion carried ! unanimously. i MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. f 83-239, approving the preliminary plat of the Prairie Wash Addition for Ricky Ites. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations. Motion carried unanimously. G. CASTLEMOOR OFFICE PARK b Tudor Oaks/ABIO Holdings. Request for Zoning from Rural to Regional Commercial Service on approximately 3.5 acres for an office and banking facility. Location: Highway 169 and Castle- moor Drive. (Ordinance No. 50-83 - zoning) City Manager Jullie stated notice of this Public Hearing had been published { and property owners in the project vicinity had been notified. Dennis Spalla, Krause Anderson, representing the developer, addressed the proposal. Director of Public Works Dietz said access to TH 169 poses a problem and Staff would recommend access be limited to right-in/right-out only from Castlemoor Drive. Planning Director Enger reviewed why a cut in the median would create a traffic problem. Bernard Loeffler, Tudor Oaks, said they have been before District 5 of MnDOT and have been given permission to have full access at Castlemoor Drive. He said this has always been considered to be a full movement access intersection. i Enger said there will be full access available at Commonwealth; if full access was granted for Castlemoor, the situation would only be aggrevated according to traffic projections. s' MOTION: Bentley moved, seconded by Anderson, to continue the meeting beyond the 11:30 i p.m. time limit. Motion carried unanimously. i �13�9 is d _g_ October 6, 1983 City Council Minutes i. , Bentley asked when signals are to be installed at TH 169 and Prairie } Center Drive. Dietz said the conduits are under the roadway; MnDDT will not put them in unless the warrants justify the signals and this has not happened. Penzel said the Council will argue this with MnDOT and the appropriate people. The Council clearly expected signals would be provi- ded prior to the opening of Prairie Center Drive. i 8 MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing i and to give 1st Reading to Ordinance No. 50-83. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to instruct Staff to review j the southern access matter prior to 2nd Reading of the Ordinance and to direct Staff to prepare a Summary Resolution of Approval per Commission and Staff recommendations. Motion carried unanimously. H. RE UEST FOR MUNICIPAL INDUSTRIAL DEVELOPMENT BONDS IN THE AMOUNT OF 461,600.00 BY L. DEAN LUKE AND DIANE J. LUKE, La PEPINIERE MONTESSORI SCHOOL, INC. Resolution No. 83-240 City Manager Jullie said notice of this Public Hearing had been published. Bob Ryan of Ryan Development, Dean Luke the proponent, and Marsh Everson the owner of LaPepiniere, were present to answer questions. MOTION: Redpath moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 83-240, giving preliminary approval to a project and its financing under the Municipal Industrial Development Act; referring the proposal to the Minnesota Energy and Economic Development Authority for approval; and authorizing preparation of necessary documents. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 9861 - 10081 MOTION: Redpath moved, seconded by Bentley, to approve Payment of Claims Nos. 9861 - 10081. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. VI. REPORTS OF ADVISORY COMMISSIONS I There were no reports. VII. PETITIONS, REQUESTS & COMMUNICATIONS j There were none. VIII. ORDINANCES & RESOLUTIONS A. Civil Defense Ordinance - Ordinance No. 54-83 MOTION: Tangen moved, seconded by Bentley, to give 1st Reading to Ordinance No. 54-83, Civil Defense Ordinance. Motion carried unanimously. a IU. City Council Minutes -10- October 6, 1983 MOTION: Bentley moved, seconded by Anderson, to direct Staff to review the provision of the City Code relating to where the City Council should meet in the event of an emergency/civil defense emergency and to draft the appropriate changes. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Bentle - indicated there is a massage parlor located in the beauty shop at the Preserve Village Center. Staff was directed to check into this. Penzel - asked Staff to look into what the City might do in the way of regulating the landfill such as tipping fees, inspection fees clean- up charges, road maintenance assessments, water and air quality monitor- ing fees, etc. Bent - requested Staff begin drafting an ordinance relating to the preliminary grading of sites -- the ordinance would not allow such to occur and would be adopted prior to the first of next year. This would be an amendment to the zoning portion of the City Code. City Attorney Pauly said a grading permit is not necessarily tied to zoning; this should be looked at when the ordinance is drafted, 'B. Report of City Manager ( 1. 1984 City Budget (Resolution No. 83-248) s Penzel called attention to a letter from Barbara Johnson of the Historical & Cultural Commission regarding the Commission's allot- ment in the proposed budget for 1984, (See attached letter.) j Redpath said he would like to see $1000 kept as the City's contri- bution toward the community theater. The Council concurred. MOTION; Redpath moved, seconded by Bentley, to adopt Resolution No. 83-248, certifying 1983 tax levy, collectable in 1984. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. s s 5 C. Report of Director of Public Works ! 1. Award contract for Rainbow Drive Sanitar Sewer Extension, I.C. 52-0 44 Resolution No. 83-246 MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-246, accepting bid for Rainbow Drive Sanitary Sewer Exten- sion; contract awarded to E.J.M. Pipe Services, Inc. Motion carried unanimously. i City Council Minutes -]1- October 6, 1983 2. Bentley asked that Staff prepare a "menu" of options regarding how special assessment hearings might be dealt with in the future. City Manager Jullie said perhaps two special assessment hearings might be held -- one in May at which time those which might be contested would be heard and the other in August for those projects which the City was not able to determine the cost in May. Anderson said he felt strongly that special assessment hearing should not be held on the same evening as a regularly scheduled meeting of the City Council. X. NEW BUSINESS MOTION: Bentley moved, seconded by Anderson, to set a Public Hearing for 7:30 p.m. on Tuesday, November 15, 1983, to hear an appeal by Anthony E. feffer regarding a determination made by the Board of Appeal and Adjustments. Motion carried unanimously. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Anderson, to adjourn the meeting at j 12:10 a.m. Motion carried unanimously. ;�31 a The following items, referred to in the Minutes of the City Council for October 6, 1983, are on file in the Office of the City Clerk: 1. Letter of September 28, 1983, from Randall Weestrand to John A. Peterson - re: Preserve Manor Homes. 2. Petition from Heritage Park/Round Lake Estates resi- dents - re: Apple Groves. 3. Letter of September 29, 1983 from Barbara Johnson, Historical and Cultural Commission Chairman re: 1984 City Budget. - UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL i TUESDAY, OCTOBER 1B, 19B3 7:30 PM, CITY HALL i COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson, Georn Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Planning Director Chris Enger, Director ) of Community Services Robert Lambert, and Record- f ing Secretary Karen Michael INVOCATION: Councilman Paul Redpath I PLEDGE OF ALLEGIANCE ROLL CALL: All members were present. I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS j s The following items were added to the Agenda: IX. A. Discussion of Liquor License Fees, IX. D. 3. Request from Eden Prairie Foxjets, Request from �, Lieoke or Appeal of Board of ppeals and Adjustments ecis 5 Regar�fc'ing a Dec , an to be added to item III. A. Clerk's License List - temporary beer license for Eden Prairie (Youth) Football Association for MN State Class B & C Adult Flag Football Playoff (Flying Cloud Field, October 29 and 30). MOTION: Tangen moved, seconded by Redpath, to approve the Agenda and Other Items of Business as published and amended. Motion carried unanimously. II. MINUTES A. Special City Council Meeting held Tuesday, September 27, 19B3 3 MOTION: Bentley moved, seconded by Tangen, to approve the Minutes of the Special City Council Meeting held Tuesday, September 27, 19B3, as published. Motion carried unanimously. I B. Regular City Council Meeting held Tuesday, October 4, 1983 MOTION: Bentley moved, seconded by Redpath, to approve the Minutes of the City Council Meeting held Tuesday, October 4, 19B3, as published. Motion carried unanimously. 23I�� City Council Minutes -2- October 18, 1983 III. CONSENT CALENDAR A. Clerk's License List - as amended B. Reject Bid of Phase I Cummins-Grill Homestead and Authorize to Rebid C. Final Plat Approval for North Bay of Timber Lakes (Resolution No. 83-258) D. 2nd Reading of Ordinance No. 44-83, Zoning from Rural to RM-2.5, for Preserve Manor Addition by Quality Homes, Approval of Developer's Agreement or Pry eserve Manor Addition, and Adoption of Resolution No. 83-256, Approv- ingS-um�mary of Ordinance No. 44-83, and Orderin the ub ication of said Summary for reserve ManorAddition. 4.04 acres for 3 u6 ts. Location: northeast corner Center—Way and Anderson Lakes Parkway. E. Final Plat Approval for the Preserve Manor Addition (Resolution No. 83-259) F. 2nd Rea din of Ordinance No. 31-83, Zoning from Rural to Office for James Refrigeration, Approva o Deve oper s greement or Jamesames R F—ation, and Adoption of Resolution No. 83-254, Approving Su�mmarX of Ordinance No. 31-83, and Ordering the Publication of said Summary of James Refrigeration. 2,16 acres at the southwest corner of Shay Oak Road and U.S. Highway 169. G. Final Plat Approval for Northmark 4th Addition (Resolution No, 83-261) H. 2nd Reading of Ordinance No, 47-83, Zoning from Rural to 111-13.5, R1-9.5, aaR—RM- .5 for A ple Groves by Northwest Properties, Approval of Deve oper's Agreement for pple Groves, and option of Resolution No. 83-255, Approving summary of Ordinance No, 47-83 and Ordering Pub ication of Said Summary for Apl_e_Groves. 40.91 acres for 162 units. Location: south of Valley View Roa—d and-west of Lorence Addition. I. 2nd Reading of Ordinance No. 54-83, amending City Code Chapter 2 by adding thereto Section 2.87 relating to the establis ment of a Civil De en—use Agency, and adopting by reference City Code Chapter 1 and Section 2.99 which, among other things, contain penalty provisions. J. 2nd Reading of Ordinance No. 49-83, Zoning from Rural to Regional Commercial ervice and pprova o Resolution No. 83-26� 3, Approving Site Plan for Ricky teI s for Prairie Wash Addition, 1.56 acres for car wash/office at southeast quadrant of Prairie Center DrTve and Valley View Road. K. Final Plat approval for Prairie Wash Addition (Resolution No, 83-260) L, Award Contract for Lime Sludge Removal, 1983 (Resolution No, 83-262) M. Request from John Liepke for Appeal of Board of Appeals and Adjustments Decision Regarding a Deck—Public Hearing Set for November 15, 1983 MOTION: Bentley moved, seconded by Anderson, to adopt items A - M on the Consent Calendar. Motion carried with Tangen voting "no" on item F.to be consistent with his previous votes regarding this item. i City Council Minutes -3- October 18, 1983 IV. PUBLIC HEARINGS A. BLUFF R_I�DGE by Marl Charles. Request for Comprehensive Guide Plan Amend- ment romf Low Density Residential to Medium Density Residential, Planned Unit Development District Review and Zoning from Rural to RM-6.5 and R1-9.5 for 88 units, and Preliminary Plat of 16.2 acres for mixed residential use. Location: southeast quadrant of County Road 1 and Franlo Road. (Resolution No. 83-251 - Comprehensive Guide Plan Amendment, Ordinance No. 51-93 - PUD District and Zoning, and Resolution No. 83-252 - preliminary plat) City Manager Jullie said notice of this Public Hearing had been published and property owners within the project vicinity had been notified. Mark Peterka and Charlie Coombs, developers, addressed the proposal. Director of Planning Enger said this item had been reviewed by the Planning Commission at its meetings on August 8, August 29, and September 26, 1983. At its meeting on September 26th, the Commission voted to recommend approval subject to the recommendations included in the Staff Report of September 23, 1983. He noted that trees dictated where the units would be placed; other changes were made in the plan between the time it was first presented and the time it was approved to reflect areas of concern which had been expressed by Staff and the Planning Commission. Director of Community Services Lambert noted the Parks, Recreation & Natural Resources Commission had reviewed this request at its meeting on October 17, 1983, at which time it voted to recommend approval subject to the recommendations included in the Planning Staff Report and the Supple- mentary Staff Report of the Community Services Staff dated October 11, 1983. Anderson asked what the proposed timetable for the project is, Peterka indicated they would like to start this Fall and be able to have a model as soon as possible. Anderson asked when the neighborhood park is slated for construction. Lambert said, depending on cash park fees, construction could begin in late 1984 or 1985. Penzel asked about the extension of utilities in this area. Enger said this will be the last development south of CSAH 1 which can be serviced by the present system. Gerald Haas, 9955 Pioneer Trail, said he would like to see some other drain- age developed to serve the park and this development. He related the prob- lems which occur with the drainage system which is presently in place. He expressed concern about the problems which could occur when the park site is graded. Lambert explained he has looked at the site and has a preliminary grading plan for the park. Penzel said he thought it appropriate for the City to look at the situation prior to completion of the utility improvements for this project so the issue can be addressed. a3�� City Council Minutes -4- October 18, 1983 Jerry Hegge, 10015 Pioneer Trail, expressed concern about the run-off. Penzel said the City should look at the alternatives and see what should be done so no undue harm is done to any of the properties. Enger noted there is a series of natural ponds which drain out of this area. He indi- cated preliminary work has been done by the developer' engineer which shows the high water levels of the ponds and what the level is at which they can be controlled. He noted what issues the City might examine. MOTION: Bentley moved, seconded by Tangen, to close the Public Hearing and to adopt Resolution No. 83-251, amending the Comprehensive Municipal Plan. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to give 1st Reading to Ordinance No. 51-83. Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to adopt Resolution No. 83-252, approving the preliminary plat of Bluff Ridge for Mark Charles (with two units dropped from the southeast corner of the plat.) Motion carried unanimously. MOTION: Bentley moved, seconded by Tangen, to direct Staff to prepare a Developer's Agreement taking into consideration the recommendations included in the Planning and Community Services Staff Reports. Motion carried unani- mously. MOTION: Bentley moved, seconded by Anderson, to work with the surrounding property owners to develop a plan for storm water drainage in the area and to come back to the Council with that plan. Motion carried unanimously. B. PAULSEN'S ADDITION by Dirlam Develo ment. Request for Zoning District Change from Rural to R1-13.5 and R1-9.5 and Preliminary Plat of 21,6 acres for 43 single family residential lots. Location; south of Valley View Road, east of Ticonderoga Trail. (Ordinance No. 52-83 - zoning and Resolution No. 83-247 - preliminary plat) City Manager Jullie stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified. Dennis Dirlam, proponent, spoke to the proposal. Planning Director Enger said the Planning Commission had reviewed this request at its September 26, 1983, meeting at which time it voted (6-1) i to recommend approval subject to the recommendations included in the September 23, 1983, Staff Report. Director of Community Services Lambert stated the Parks, Recreation & Natural Resources Commission had reviewed this at its meeting on October 17, 1983, at which time it voted to recommend approval subject to recommen- dations included in the September 26, 1983, Staff Report. i e City Council Minutes -5- October 18, 1983 Bentley asked where the road on the south connects. Enger said it goes into Hidden Ponds Park and then on to Dell Road. Penzel said a temporary "dead end" sign should be placed on the property so prospective buyers will realize a road connection will be made. Tangen asked if the land-locked lots could be made buildable. Jullie said easement could be required to preclude this. The easements would be for storm drainage. Penzel said in most subdivisions the City requires easements for access to ponds which are used for storm drainage; he asked if this was required in this proposal. Enger said there are two 20' utility easements which will be required to provide this type of access. Penzel said he felt the question of connecting roads should be addressed. It was noted that the southern road will connect from Dell Road to Valley View Road through this proposal and the Apple Groves development. Penzel asked if dedication is being made of the abandoned railroad right-of-way/ trail area. Lambert noted on a map which area the City owns and where the trail will be developed. There were no comments from the audience. MOTION: Redpath moved, seconded by Anderson, to close the Public Hearing and to give 1st Reading to Ordinance No. 52-83. Motion carried unanimously. MOTION: Redpath moved, seconded by Bentley, to adopt Resolution No. 83-247, approving the preliminary plat of Paulsen's Addition for Dirlam Development as revised 10/3/83. Motion carried unanimously. MOTION: Bentley moved, seconded by Anderson, to direct Staff to prepare a Summary Resolution taking into consideration the recommendations of Staff and Commissions, Motion carried unanimously. C. FIRST NATIONAL BANK OF EDINA. Request for Site Plan Review and Zoning District Amendment from-Rural to Regional Commercial Service for a drive- through banking facility. Location: Prairie Center Drive and Franlo Road. (Ordinance No. 53-83 - zoning) City Manager Jullie stated notice of this Public Hearing had been published and property owners in the project vicinity had been notified. David Shea, architect, addressed the proposal. Director of Planning Enger said this request had been reviewed by the Planning Commission at its September 26, 1983, meeting at which time it voted to recommend approval subject to the recommendations included in the September 23, 1983, Staff Report, Director of Community Services Lambert said the Parks, Recreation & Natural Resources Commission had reviewed this at its meeting on October 17, 1983, at which time it voted to reconmm?nd approval subject to the recommendations included in the Planning Staff Report and the Supplementary Staff Report prepared by the Community Services Department Staff dated October 6, 1983. City Council Minutes -6- October 18, 1983 Penzel raised the point that this facility appears to be nothing more than a facility to be used as a depository and will not be an integral part of the community -- it does not appear that this will be a positive addition to the community. Redpath asked if this type of facility was a way of getting around the branch banking laws. Bentley said he felt there are a number of full service banking facilities in Eden Prairie and perhaps a facility of this type is needed or at least should be s available. Daryl Standafer, vice president of First National Bank of Edina, said this facility is being built to service Eden.Prairie resi- dents who are already customers; they figure to have an 18% market share - in Eden Prairie. Full banking services will be available at this facility but not necessarily on a full-time basis. MOTION: Bentley moved, seconded by Redpath, to close the Public Hearing and to give 1st Reading to Ordinance No. 53-83. Motion carried unanimously. MOTION: Bentley moved, seconded by Redpath, to direct Staff to prepare a Summary Resolution of Approval subject to the Commission and Staff recom- mendations. Motion carried unanimously. V. PAYMENT OF CLAIMS NOS. 10082 - 10300 MOTION: Bentley moved, seconded by Tangen, to approve the Payment of Claims Nos. 10OB2 - 10300. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. j VI. REPORTS OF ADVISORY COMMISSIONS A. Historical & Cultural Commission - Request for authorization for approval of Phase II Renovations to the Cummins-Grill Homestead. Director of Community Services Lambert addressed the October 13, 19B3, i memorandum regarding this issue. Redpath asked how far the City was going to have to go in financing the restoration of the Cummins-Grill House. He asked if the Restoration Committee was going to be involved in any of this. Lambert said the building is still an eyesore; if the City were to clean up the area and make the house look better, more people might want to become in- volved. He said once the work under discussion is completed, the house will begin to look more like the home which is illustrated in the Kouba print. Bentley noted much of the request is covered by grant money. Lambert said some of the work is covered by volunteer and in-kind labor. MOTION: Redpath moved, seconded by Anderson, to approve the recommendation for Phase II renovation of the Cummins-Grill House (approval of HOBCO's bid and authorization to proceed with the work prior to January 1, 1984.) Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. City Council Minutes -7- October 18, 19B3 VII. PETITIONS, REQUESTS & COMMUNICATIONS A. LEE DATA ACCESS by Opus Corporation. Request for Registered Land Survey for 0.4 acre for alternate access for Lee Data site. Location: West 70th Street at Highway 169. (Resolution No. 83-253 - approving R.L.S.) Director of Planning Enger stated the nature of the request. There were questions by the Council which were directed to the developer. The developer was not represented at the meeting. MOTION: Bentley moved, seconded by Anderson, to continue the request until such time as Staff has met with Opus and Opus is prepared to come before the City Council to make its intentions known. Motion carried unanimously. B. Request for Amendment to Flying Cloud Sanitary Landfill Operating Permit City Manager Jullie said Doug Coy from BFI was present to explain BFI's proposal and noted that no specific action is requested of the Council as the Minnesota Pollution Control Agency is the approving agency. He referred to the correspondence from BFI and a drawing which showed the proposed contour revision which would result if the PCA grants approval to their amendment request. Doug Coy, BFI, reviewed what is proposed us•;ng a map. He said what they are asking is permission to go into Phase 3 for operational consid- erations, mainly to reduce the elevation thereby reducing the road eleva- tion to get in to a particular area of the site; they would also like to have the slope reduced which would help with erosion control. These, he em- phasized, are only operational aspects. Bentley asked if this is in the currently approved area. Coy said it is and the volume remains the same -- it only allows them area to spread out. Penzel said this is a convenience item, Bentley asked if, simultaneously to this, there would be dedication of park land. Coy said the park dedication was part of a program which was brought about by Hustad Development. Hustad chose not to exercise its option on the park property; however, BFI has continued to honor that option and will dedicate land to the City for a park at this time. Tangen asked for Director of Community Services Lambert's opinion in regard to the park dedication. Lambert said the City had anticipated developing that park three years ago; this park has very high priority and would move some other parks back on the list of those to be developed. MOTION: Redpath moved, seconded by Bentley, to notify the Minnesota Pollution Control Agency that the City Council has no objections to the proposed change in phasing as outlined in John G, Curry's letter to Daniel A. Comeau, dated October 14, 19B3. Motion carried unanimously. Concern was expressed by members of the Council as to litter being dropped inadvertently by garbage trucks. Coy said BFI has instituted a "hot line" and maybe some means of reporting such incidents can be s worked out via that. !! I. t City Council Minutes -8- October 18, 1983 Vill. APPOINTMENTS A. Appointment of one member to the Human Rights & Services Commission to fill an unexpired term to 2/28/85 The name of Jim Van Horn was placed in nomination. MOTION: Redpath moved, seconded by Bentley, to close the nominations and to appoint Jim Van Horn to the Human Rights & Services Commission to fill an unexpired term to 2/28/83. Motion carried unanimously. B. A ointment of Council Representative to the Preserve Area "G" Commer- cia Review Committee MOTION: Bentley moved, seconded by Anderson, to appoint Paul Redpath as Council Representative to the Preserve Area "G" Commercial Review Committee. Motion carried unanimously. IX. REPORTS OF OFFICERS, BOARDS & COMMISSIONS A. Reports of Council Members Discussion of Liquor License Fees - Penzel said he had received an inquiry as to whether or not the City would allow the holder of a liquor license to pay the license fee over the course of the year rather than on or before January 1. City Attorney Pauly said this is a provision of the City Code and would require a change in the Code: there is nothing in the Statutes which would allow for partial payment of a fee. The concensus was this might mean that a license holder could go out of business prior to the time that fees to date were paid. Redpath - indicated he has tickets available for the Eden Prairie Foundation Ball raffle. Penzel - reminded the Council of the October 26, 1983, meeting which will be held at the Eden Prairie High School to discuss the two proposed landfill sites. He said suggestions are welcome as to whom might be spokesmen for the City and what aspects should be covered in the City's presentation. Bentley said he would like to speak as he was on the original site selection committee. j B. Report of City Manager i There was no report. C. Report of City Attorney City Attorney Pauly said that at the last meeting Councilman Bentley had asked if the City had authority to regulate landfills. He said according to Statute, the City can if regulations are consistent with PCA, Metropolitan Council and County regulations. Reasonable conditions can be enforced relating to the construction, operation, inspection, monitoring and maintenance of the total facility. ��71 City Council Minutes -9- October 18, 1983 MOTION: Bentley moved, seconded by Anderson, to request the City Attorney to draft a proposal for consideration by the Council on this matter. Motion carried unanimously. D. Report of Director of Community Services 1. Review and approval of Contract for Summer Hockey School at Community Center MOTION: Bentley moved, seconded by Redpath, to continue this item to a date uncertain. Motion carried unanimously. 2. Purgatory Creek Recreation Area Master Plan Contract Director of Community Services Lambert addressed the contract and spoke to his memorandum of October 12, 1983. He asked that "who will be authorized to make all necessary decisions required" be deleted from page 5 of the contract. MOTION: Bentley moved, seconded by Redpath, to approve the Purgatory Creek Recreation Area Master Plan Contract as amended. Roll call vote: Anderson, Bentley, Redpath, Tangen and Penzel voted "aye." Motion carried unanimously. 3. Request from Eden Prairie Foxjets Director of Community Services Lambert spoke to his memorandum of October 12, 1983, in which the request was outlined. MOTION: Redpath moved, seconded by Anderson, to approve the Foxjets request to use the Community Center Pool from March 16 - 18, 1984, to hose the Minnesota Senior Championships. j Motion carried unanimously. X. NEW BUSINESS There was none. XI. ADJOURNMENT MOTION: Redpath moved, seconded by Tangen, to adjourn the meeting at 10.03 p.m. Motion carried unanimously. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING TUESDAY, OCTOBER 25, 1983 4-.DO PM, CITY HALL COUNCIL MEMBERS: Mayor Wolfgang H. Penzel, Richard Anderson, Georf;.J' Bentley, Paul Redpath and George Tangen CITY COUNCIL STAFF: City Manager Carl J. Jullie, City Attorney Roger Pauly, Finance Director John D. Frane, and Planning Director Chris Enger is ROLL CALL: Councilman George Tangen was absent i- The purpose of the meeting was to discuss and review procedures regarding the Public Meeting to be held on Wednesday, October 26, 1983, under the auspices of the Metro- politan Council regarding the two proposed landfill sites in Eden Prairie. Others at the meeting included: Attorney Grant Merritt, Representative Gerry Knicker- bocker, Representative Chuck Dimler, Representative Sidney Pauly, and Bob Obermeyer. i' The meeting was adjourned at 6:45 p.m. I UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL SPECIAL MEETING WEDNESDAY, OCTOBER 26, 1983 6:30 PM EDEN PRAIRIE HIGH SCHOOL COUNCIL MEMBERS: Mayor Wolfgang Penzel, Richard Anderson, George Bentley, Paul Redpath and George Tangen i CITY COUNCIL STAFF: City Manager Carl J. Jullie �. RDLL CALL: All members present. III! Council members discussed the appropriateness of going to the bond market at this time and requested additional input from the City's financial consultants. The City Manager was directed to place this matter on the November 1st Council agenda for further discussion. The meeting was adjourned at 6:45 PM. f 1. I 2,Ul/ CITY OF EDEN PRAIRIE CLERK'S LICENSE APPLICATION LIST November 1, 1983 CONTRACTOR (MULTI-FAMILY & COMM.) GAS FITTER Fine-Line Products, Inc. Burke Heating Service, Inc. Leibfrid Construction, Inc. PLUMBING CONTRACTOR (1 & 2 FAMILY) Terry Sturm Plumbing Wayzata Plumbing & Heating Co., Inc. Donald J. Kaster UTILITY INSTALLER Tom Kay Builders Virg Luken's Professional Pools, Inc. Dave Vanek, Builder Valley-Rich Co., Inc. HEATING & VENTILATING SOLICITOR Burke Heating Service, Inc. Rick Dale Daws - Fruit Comfy Heating Leonard Eugene Norrid - Fruit Heating & Cooling Two These licenses have been approved by the department heads responsible for the 1 ensed activity. Pat So ie, Licensing a3a� November 1, 1983 ( CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION 83-274 RESOLUTION AUTHORIZING TRAFFIC SIGNAL MAINTENANCE AGREEMENT WITH HENNEPIN COUNTY WHEREAS, an agreement for the maintenance of traffic control signal systems on municipal streets within the limits of Eden Prairie by Hennepin County and reimbursement for such services by the City of Eden Prairie (Agree- ment # PW 24-49-83) has been prepared; and WHEREAS, the terms of said agreement are acceptable to the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie: 1. Said Agreement be in all things approved. 2. The Mayor and City Manager are authorized to execute Agreement PW 24-49-83. ADOPTED by the Eden Prairie City Council on November 1, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, City Clerk �3�C� Agreement No. Pk 24-49-83 City of Eden Prairie County of Hennepin AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS THIS AGREEMENT, Made and entered into this day of 198 , by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the City of Eden Prairie, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The City has requested that the County provide maintenance of a traffic control signal within the limits of the City; and WHEREAS, The County does provide for the maintenance of traffic control signals for other municipalities within the County under other agreements on a ( reimburseable basis; and, WHEREAS, The City has indicated its willingness to reimburse the County for all costs incurred by the County in the performance of such services as provided for herein; and, WHEREAS, It is contemplated that said maintenance work be carried out by the parties hereto under the provisions of M.S. Sec. 471.59. NOW THEREFORE IT IS AGREED AS FOLLOWS: I Subject to the provisions and exceptions stated hereinafter, the County agrees to maintain traffic control signals located exclusively on municipal street systems within the boundaries of the City and under the jurisdiction of the City. Specifically excluded from this agreement are traffic control signals which are, or may become, located at County Road or State trunk Highway intersections within the boundaries of the City, and such traffic control signals which are a part of a traffic control system wherein the maintenance of the primary or governing control equipment is the responsibility of those other than the City or the County. The purpose of this provision is to expressly exclude such signals which, if included hereunder, would cteate a divided maintenance responsibility. j -I- Agreement No. PW 24-49-83 City of Eden Prairie County of Hennepin II i All engineering services required for the performance of work required hereunder will be provided by the County. III The County will respond to requests for assistance subject to the limitations imposed by availability of manpower, equipment, and replacement parts and the condition of the County Road System. In all cases County forces will endeavor to retain minimum traffic signal control at a specific intersection. Each maintenance operation performed by the County shall be individually and specifically requested by the City to correct a malfunction or failure at a a specific traffic control signal or signals. Malfunctions shall be screened by City Public Works personnel prior to making a request for assistance. The County will not be responsible for locating signals which require maintenance or repairs. Requests for assistance shall come from authorized personnel of the Department of Public Works of the City. A list of authorized personnel shall be furnished the County by the City. IV The County, at its sole discretion, may refuse to install County owned spare equipment in any City owned traffic signal•, if it is determined by the County that such City signal is not wired to preclude, or minimize, the possibility of damage to the County spare equipment. V The County will not stock replacement parts which are not common to equipment in use in the County signal system. It shall be the responsibility of the City to supply the County with such parts necessary to correct failures of this "special" equipment. Some specific examples of "special" equipment are system Master Controller, Intersection Co-ordinator, and Emergency Vehicle Pre-emption Equipment. Maintenance of system Master Controller, individual coordination equipment, emergency vehicle pre-emption equipment, interconnect cable and conduit shall not require a demand priority of accomplishment. VI All trenching, tunneling, jacking or any excavation required whatsoever in conjunction with the maintenance or repair of signals included in this agreement, and all cleaning, relamping, painting, and provisions for electric power will be accomplished by the City. i i -2- Agreement No. PW 24-49-83 City of Eden Prairie County of Hennepin VII Subject to exclusion under Section I paragraph 2, new traffic control signals installed by the City at City street intersections subsequent to the execution of this agreement will be maintained by the County in the same manner described herein for the existing signals provided that prior to advertising for 1 bids, the new signal installations are,reviewed and approved by the County and meet the minimum standards established by the Minnesota Department of Transportation. 1 New controllers to be installed in existing signals will be maintained by the County provided the controllers are reviewed and approved by the County. VIII The County may discontinue the maintenance of any traffic control signal Included in this agreement if the County determines that continued maintenance is no longer feasible due to excessively worn or obsolete equipment. Such termination of maintenance shall be effective one (1) year after the date of written notice to the City Engineer of the deficiency of such traffic control signal unless such deficiency is corrected by the City within said year. j IX i All costs incurred by the County in conjunction with the maintenance - services provided herein shall be reimbursed by the City. Said costs shall be computed. in accordance with the following schedule: (1) Direct Labor & Supervision - Direct salary costs at the actual rate paid non-supervisory and 'first line supervisory personnel for the performance of the work and services required under this agreement. (2) Fringe Benefits - A percentage rate multiplied by Item 1. These costs cover insurance, retirement, sick leave, vacation, etc. (3) Indirect Departmental Labor - A percentage rate multiplied by Item 1. These are costs of an indirect nature performed by additional departmental employees such as clerical staff, middle and top management, and other supportive staff. f (4) Indirect Costs - A percentage rate multiplied by the summation of Items 1, 2, 1 and 3 above. These costs include indirect overhead costs such as occupancy, { purchasing, personnel, finance, communication services, data processing, and administrative services. (5) Equipment - Actual cost incurred for rental of equipment used in performance of the work or services described herein. f (6) Materials - Actual cost incurred for all materials or commodities used or incorporated in the work or services described herein. -3- Agreement No. PW 24-49-83 City of Eden Prairie County of Hennepin The percentage rates applicable to the indirect charges (Fringe benefits, Indirect Departmental Labor, and Indirect Costs) are based upon historical expenditures and are adjusted on an annual basis. For estimating purposes only, the following percentage rates represent an approximation of the percentage rates applicable to Items 2 through 4 above: Item 2 43% (Approximate) Item 3 16% (Approximate) Item 4 10% (Approximate) Statements claiming reimbursement hereunder will be submitted quarterly by the County and will contain thereon a certification by responsible officials of the County that all items therein are true and correct and are for work and services performed under the terms of this agreement. Said statements shall be due and payable within 30 days after submittal. X The County shall keep such detailed records and accounts that shall enable them to submit detailed statements showing the amounts due them hereunder. All records kept by the County with respect to the maintenance required herein shall be subject to examination by the City. . XI The City indemnifies, saves and hold harmless the County and all of its agents and employees of and from any and all claims, demands, actions and causes of action of whatsoever nature or character arising out of or by reason of the performance of the work provided for herein and performed by the County, and further agrees to defend at its own sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character which may arise as a result of work performed by the County hereunder. The County shall be saved and held harmless from any action for breach of warranty or breach of contract which may be or might be claimed because of work performed hereunder by the County at the request of the City. i It is further agreed that any and all employees of the City and all other employees while engaged in the performance of any work or services required or provided for herein to be performed by the City shall not be considered employees of the County, and that any and all claims that may arise under the Worker's Compensation Act or the Unemployment Compensation act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein by the City shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other employees while engaged in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's i -4- j �330 Agreement No. PW 24-49-83 City of Eden Prairie County of Hennepin Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein by the County shall in no way be the obligation or responsibility of the City. XII The provision of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of this agreement as though fully set j forth herein. XIII This agreement shall be in full force and effect for one calendar year after date of execution and may be extended for one year periods upon mutual agreement of the County and the City. 7 . Agreement No. PW 24-49-83 City of Eden Prairie County of Hennepin IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authroized officers as of the day and year first above written. CITY OF EDEN PRAIRIE - By Mayor (SEAL) Date 4 And Manager Data COUNTY OF HENNEPIN i ATTEST: 1 BY i Clerk of the County Board Chairman of its County Board Date Date Upon proper execution, this agreement And will b I ally valid and W ing y Associate County Administrator and County Engineer w— i lee Date Assistant County Attorney i U Date Approved as to execution: RECOMMENDED FOR APPROVAL By By Assistant County Attorney Director, Department of Transportation Date Date i - I • i Purgatory Ridge Addition CITY OF EDEN PRAIRIE - HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 32-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LEND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance(hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 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 i 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 - y CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-268 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF THE PURGATORY RIDGE ADDITION FOR MARK A. AND CORRINE K. LEWIS FOR 19 SINGLE FAMILY LOTS ON 10.4 ACRES EAST OF 168TH STREET AND SOUTH OF CHATHAM WOODS BE IT RESOLVED that the proposal for 19 single family lots on 10.4 acres for Mark A. and Corrine K. Lewis for the Purgatory Ridge Addition, located east of 168th Street and south of Chatham Woods, is herein approved subject to the following specific conditions: ! I. The final plat dated November 1, 1983, and attached hereto shall apply. 2. Prior to final plat, developer/owner shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, storm sewer, and water. 3. Prior to final plat, developer/owner shall submit to the City Engineer and receive the City Engineer's approval of a temporary cul-de-sac easement on Lot 9, Block 2, and Lot 10, Block 1. Said cul-de-sac shall be designed and have signage per the Engineering Department specifications. 4. Prior to building permit issuance, developer/owner shall: A. Provide detailed soils information to the City. B. Receive Watershed District approval. C. Pay the Cash Park Fee. ADOPTED by the City Council on 1983. Wo fgang H.,Penzel, Mayor +�+ I ATTEST: I John D. Frane, City Clerk �I CITY OF EDEN PRAIRIE HENNEPIN COJNTY, MIN'4ESOTA RESOLUTION NO. 83-276 A RESOLUTION APPROVING FINAL PLAT OF PURGATORY RIDGE WHEREAS, the plat of Purgatory Ridge has been sub- mitted in the manner required for platting land under the Eden Prairie Ordinance Code and under Cf,apter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: A. Plat Approval Request for Purgatory Ridge is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated October 25, 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- 1 trar of Titles for their use as required by MSA 462.358. Subd. 3. i e. 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 November 1, 19B3. 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 Eugene A. Dietz, Director of Public Works FROM: David L. Olson, Engineering,Technician DATE: October 25, 1983 SUBJECT: PURGATORY RIDGE jfor6er3y Rembrant Ridge) PROPOSAL: The developer, Neil A. Lewis and Associates, has requested City Council approved of the final plat of Purgatory Ridge, a single family residential subdivision. The plat contains 10.4 acres to be divided to 19 lots and is located east of 168th Avenue, south of and adjacent to Chatham Woods in the North '; of Section 5. HISTORY: The preliminary plat was approved by the City Council on July 5, 1983, per Resolution 83-159. Resolution 83-268 summarizing the conditions for approval of Purgatory I Ridge is scheduled Council action on November 1, 1983. Ordinance 32-83, rezoning the property to RI-13.5, is scheduled for final reading by the City Council on November 1, 1983. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: Municipal utilities and roadways will be installed throughout the development in conformance with City Standards and in accordance with the approved storm sewer plan for the site. PARK DEDICATION: Standard cash park fees will be applicable for this project and are to be paid upon issuance of building permits. BONDING: Conformance with the requirements of City Code Section 12.5, Subdivision 4, will apply to this plat. d 33� �- Pg. 2 Final Plat Purgatory Ridge RECOMMENDATION: Recommend approval of the final plat of Purgatory Ridge subject to the requirements of this report and the following: 1. Receipt of Engineering fee in the amount of $570.00. 2. Receipt of street lighting fee in the amount of $1,807.20. 3. Satisfaction of bonding requirements. 4. Second reading of Ordinance 32-83. 5. City Council approval of Resolution 83-268. DLO:sg r CITY OF EDEN PPAIRIE HENNEPIN COJNTY, MINNESOTA RESOLUTION NO. 83-277 A RESOLUTION APPROVING FINAL PLAT OF MENARD 4th ADDITION WHEREAS, the plat of Menard 4th Addition has been sub- mitted in the manner required for platting land -ender the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF •EDEN PRAIRIE: A. Plat Approval Request for Menard 4th Addition is approved upon compliance with the reconrnendation of the City Engineer's Report on this plat dated October 25, 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 MSA 462.358. Subd. 3. 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 November 1, 1983. Wolfgang H. Penzel, Mayor ATTEST: SEAL John D. Frane, Clerk �3�d 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 P r3°e DATE: October 25, 1983 SUBJECT: MENARD 4th ADDITION PROPOSAL: The developer, Menard's Inc., is requesting City Council approval of the final plat of Menard 4th Addition, a 1.6 acre site intended for a retail shopping center. This plat combines Lot 1, Block 1 Menard Addition and part of Outlots B and C, Menard 3rd Addition. The plat is located west of Plaza Drive in the South '-; of Section 11. HISTORY: The preliminary plat was approved by the City Council on September 6, 1983, per Resolution 83-202. Zoning to Commercial Regional Service District was finally read ( and approved by the City Council on September 20, 1983, per Ordinance 40-83. Resolution 83-220, summarizing conditions of approval of the Menard's Shopping Center was approved by the City Council on September 20, 1983. VARIANCES: All variance requests must be processed through the Board of Appeals. UTILITIES AND STREETS: All necessary municipal utilities and roadways for this plat have been installed. PARK DEDICATION: Standard cash park fees will be applicable for this project and will be paid upon issuance of building permits. BONDING: Bonding for installation of municipal utilities and roadways will not be required for this project. RECOMMENDATION- Recommend approval of the final plat of Menard 4th Addition subject to the requirements of this report and the following: 1. Receipt of Engineering fee in the amount of $100.00. 2. Street lighting requirements have been satisfied through the plats of Menard Addition and Menard 3rd Addition. DLO:sg i TO: Mayor Penzel and City Council Members THROUGH: Carl Jullie, City Manager i Eugene A. Dietz, Public Works Director FROM: David L. Olson, Engineering Technician : j DATE: October 26, 1983 j SUBJECT: Registered Land Survey for Lillian Beckman 12400 Gerard Drive The attached RLS has been submitted for City Council approval by Lillian 1 _ Beckman. The site coveres 4.51 acres to be divided into 3 parcels. An existing home and garage are located on Parcel A which contains approximately 3.4 acret. Parcels B and C are intended for the construction of single family homes and contain approximately 22,060 sq. ft. and 25,250 sq. ft. respectively. A preliminary plat for this site was approved by the City Council on October 6, 1983, per Resolution 83-238. Recommend approval of this RLS subject to the Planning Staff report dated September 9, 1983, and the following: ! 1. Receipt of Engineering fee in the amount of $90.00. l DLO:sg I ,. i l i moo M1 h10RANDUM TO. Mayor and City Council THRU: Bob Lambert, Director of Community Services FROM: Stuart A. Pox, City Forester DATE: October 24, 1983 SUBJECT: Request for Public Hearing for the Removal of Diseased Trees on Private Property In accordance with City Code Section9.62(former Ordinance 177-36), a public hearing must be held prior to the removal of diseased trees, by City Contract, from private property. Numerous diseased trees marked during the summer of 1982 have not been removed by the landowners. The staff requests that a public hearing be held on December 6, 1983 to consider The Council will e provided with a complete list of home- owners, number of.trees and the estimated cost of removal for each property affected by this public hearing. SAF:md �3�1 l x. x MEMORANDUM TO: Mayor and City Council TNRU: Carl Jullie, City Manager FROM: Bob L..unbert, Director of Community Services DATE: October 25, 1983 SUBJECT: Parks, Recreation and'Natural Resources Commission Request Regarding Riley Lake Use Report At the October 17 meeting, the Parks, Recreation and Natural Resources Commission reviewed the report from Sandra Werts, Recreation Supervisor, regarding the Riley Lake use figures for 1983. That report indicated an increased attendance of 20% and increase in launches by 25%. The increase did not take into account the number of people that were turned away from that park because the parking lot was full . This report substantiated the request for expanded parking facilities at Riley Lake Park, and seemed to indicate that the demand for use of that lake will continue to increase. The City has controlled the use of the lake surface by limiting the number of launches from the public launch at Riley Lake Park to 15 at one time. During the summer of 1983 on most weekends the parking lot was filled by 10 a.m. and on nice weekday evenings it was filled by 5 p.m. The City Staff anticipates the continued increase in demand for the use of this lake; however, the only way to accommodate and increase use is through establishing a lake surface management ordinance. Approximately half of the lake is in Eden Prairie and Hennepin County, the other half in Chanhassen and Carver County; therefore, both cities and both counties have to agree on the language of a lake surface management ordinance. The Parks, Recreation and Natural Resources Commission recommended that the City of Eden Prairie submit the Riley Lake use figures report to the City of Chanhassen and suggest that the two cities begin discussing a possible lake surface management ordinance for Riley Lake, City Staff requests authorization to proceed with the Parks, Recreation and Natural Resources Commission request. BL:md i MEMORANDUM TO: Mayor and City Council 71IRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Service, C Y y DATE: October 25, 1983 SUBJECT: Timber Creek Park Concept Plan Y x At the October 17 meeting, the Parks, Recreation and Natural Resources Commission reviewed and approved the concept plan for development of Timber Creek Neighborhood Park located in the Timber Creek development west of County Road 4 and north of Duck Lake Trail. Two weeks prior to the October 17 meeting, a notice was sent to residents within the service area of the Timber Creek Park with a copy of the concept plan and notice that the Parks, Recreation and Natural Resources Commission would be review- ing this concept plan at the October 17 meeting. No one from the adjacent residents appeared at the October 17 meeting for input. The 8.4 acre site contains approximately 6.5 acres of open field area and slightly less than 2 acres of wooded area. The woods contain mature oak and basswood. The concept plan proposes to clean the underbrush and develop this wooded area into a passive maintained park space. The plan also depicts a softball field, a tennis court, a multi-use court, and initial parking for 10 cars with expansion space for an additional 10 cars. Trail linkage via an 81 asphalt bikeway will connect from the 8' bikeway along Duck Lake Trail through the park to the pedestrian sidewalk in Timber Creek located to the northeast, and to the future pedestrian link to the northwest. At the r intersection of these pathways within the wooded area, the plan depicts a proposed totlot play area. ti The estimated cost for development of this site is $60,000. j The timing for the development of this site will depend on the development of the Timber Creek residential subdivision and the priorities established by the Council l for development of three additional neighborhood parks that will be developed with- 1 in the next few years. The existing priorities are: 1 3 1. Homeward Hills Park 2. Franlo Road Park Site i 3. Timber Creek Park Site 1 4. The Willowood Site (also known as the Edenvale East parksite) Funds for development of all four neighborhood park sites would be from cash park fees. At this time, the Community Services Staff requests the City Council to approve the a %Prnt nl:in for 'Timber Creek Park. .2 1/ i INK ��`+� ..,• . ,� /• 11 ��r� \ '\ •.�� i .� �-�� •�. �'.gyp � Yf 03f� ] \ C i. ( MEMORANDUM T0: Mayor and City Council , 711RU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Service;--F&kL DATE: October 28, 1983 SUBJECT: Bids for Phase I - Restoration of Cummins/Grill Homestead Bids were received on Thursday, Dctober 27, 1983 for work on phase I of the Cummins/Grill Homestead restoration. This phase included the electrical rewiring, installation of a heating system and upgrading of the existing plumbing. The budget for this phase was $15,500 with money coming from the Community Development Block Grant funds. The total CDBG funds awarded to this pro- ject was $19,500. Of this, $4,000 is being used to prepare the plans and specifications for phase I and the measured drawings of the house, which are fundamental to the completion of the total project. Bids were submitted by Alta Mechanical Contractors and HOBCO, Inc. with Donald J. Hedquist, a joint venture. The base bids were: HOBCO, Inc. B D. J. Hedquist $26,210 Alta Mechanical $26,777 The Council may recall that bids were received on this same project on October 11, 1983, and the bids were rejected as exceeding the $15,500 budget. The City readvertised this project requesting a base bid and provided 6 deduct alternates. The deduct alternates and bids submitted by the two contractors are as follows: Alternate M1 - Delete Relocation of Existing Underground Electrical Service Panel 8 Meter Alta Mechanical $932 HOBCO 1,200 Alternate B2 - Delete all Plumbing Work S Installation of Bathroom Medicine Cabinet and Associated Electrical Wiring Alta Mechanical $3,850 HOBCO 3,885 Alternate #3 - Substitute Flexible Metal Conduit for Electrical Metal Tubing F Alta $3,SO0 HOBCO SO Alternate M4 - Delete Installation of Porcelain sockets (4) Switches (3) and Associated wiring at the 3 Porch Locations Delete Installation of Exterior heather Proof Duplex Receptacles (4) and Associated hiring .2- Alta Mechanical $935 460 HOBCO Alternate 5 - Delete First Floor Wall and Ceiling Patching Alta $1,500 HOBCO 1,100 Alternate A6 - Delete all Second Floor Electrical Work Including Demolition and Insulation of Wiring Outlets, Switches and Fixtures Alta $3,900 BOBCO 2,340 Total Deducts - Alta $14,617 HOBCO - 9,035 The Community Services Staff recommend that the City accept alternates numbers 1, 2, 3, 4, and'6 deducting a total of $13,117 from Alta's bid, and $7,935 HOBCO's bid. This would reject alternate nub6er 5 and would retain first floor wall and ceiling patching within the contract. The Community Services Staff recommended retaining this work within the contract as it is anticipated the City will continue having a renter in that. building for security reasons, and therefore the walls and ceilings should be patched where they are disturbed due to the electrical work. The bids for this contract would then be: Alta Mechanical $13,660 HOBCO $18,275 The Community Services Staff recommend approval of Alta Mechanical for an amount not to exceed $13,660, which includes the base bid with the following deducts: Alternates number 1, 2, 3, 4, 6 BL:md In submitting this bid, it is understood that the right is reserved by the City to reject any or all bids, and it is agreed that this bid may not be withdrawn for a period of thirty (30) days from the opening thereof. I hereby acknowledge receipt of addendums None If a corporation, what is the state of corporation Minnesota The undersigned hereby proposes to furnish all labor and materials and equipment necessary for: Restoration of the Cummins-Grill House - Phase I, Eden Prairie, Minnesota: Base Bid for the Sum of: Twenty-six thousand two hundred ten-------_____r_ Alternate No.1: Deduct One thousand two hundred------- 0 1,200.00 ) Alternate No.2: Deduct Three thousand eight hundred eightf$ 3,885.00 ive Alternate No.3: Deduct 50.00 ) Alternate No.4: Deduct Four hundred sixty--------- ($ 460.00 ) Alternate No.S: Deduct One thousand one hundred ($ 1,100.00 ) Alternate No.6: Deduct Two thousand three hundred forty--($ 2,340.00 ) Unit Price: Receptacle @ Brick Wall One hundred fifteen--- - - --($115.00 ) per Receptacle Unit Price: Receptacle @ Frame Wall sixty-five - ----($65.00 ) per Receptacle The undersigned proposes to complete the work in 80 days from the date of notification to proceed. Hobco, Inc. 6 Donald J. Hedquist, a joint venture Company Name/ ep yce4%"..[. President dent By"' Title 6209 Balder Lane Minneapolis A1N 55435 h Address i612) 920-3317 October 27, 1983 Telephone Date page 2 of 3 i submitting this bid, it is ma understood that the right is reserved by the In submi City to tting any or all bids, and it is agreed that this bid y not be rejecwithdrawn for a period of thirty (30) days from the opening thereof. I hereby acknowledge receipt of addendums 9 If a corporation, what is the state of corporation The undersigned hereby proposes to furnish all labor and materials and equipm ent necessary for: Restoration of the Cummins-Grill House - Phase I, Eden Prairie, Minnesota:r Base Bid for the Sum of: Alternate No.l: Deduct Alternate No.2: Deduct'C��xa „ ��- _ ($ 3,Sp0 ) Alternate No.3:. Deduct �.�_www 1 9 aj Alternate No.4: Deduct Alternate No.5: Deduct ($ 3,9 0c)_ _ ) Alternate No.6: Deduct_ Unit Price: Receptacle @ Brick Wall /� per Receptacle Unit Price: Receptacle @ Frame Wall ( 150 ) per Receptacle ork in The undersigned proposes to complete the w � days from the { date of notification to proceed. Company Nbme}}�� By Title i Address t (�a - 1:('7-y3�itc iDt 43 �U) Telephone Date page 2 of 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 51-B3-PUD-11-83 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING OISTRICT 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 Planned Unit Development 11-83 District (hereinafter "PUD 11-83"), which includes R1-9.5 (with variances), and RM- 6.5 (with variances), Zoning Districts. Section 3. The land shall be subject to the terms and conditions of tllat certain Developer's Agreement dated as of 1983, entered into between Urban Unit Corporation, dba Mark Charles, anT the City of Eden Prairie riOeee ) Developer's ereofent contains the Terms and eonditons of PUD 11-83, and are hereby made Section 4. The City Council hereby makes the following findings: A. PUD 11-83 is not in conflict with the goals of the Guide Plan of the City. B. PUD 11-83 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 it and 12 of the City Code, which are contained in PUD 11-83, are justified by the design of the development described therein. D. PUD 11-83 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 11-83 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 F- day of ATTEST: i ohn D. Frane, City Clerk Wolfgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of a S0 Exhibit A LEGAL DESCRIPTIONS FOR REZONING OF BLUFF RIDGE TO BE ZONED R I-9.5 That part of the following described property) The West 687.2 feet of that part of the West half of the Southeast Quarter of Section 25, Township 116, Range 22, lying South of County Road No. 1 and the East 400.25 feet of the West 1087.45 feet of that part of the West half of j the Southeast Quarter lying South of County Road No. 1. Except that part of the above described property lying North of the South 765 feet thereof. lying Northwesterly of the following described line; Commencing at the Southwest Corner of the Southeast Quarter 1 of said Section 25, thence on an assumed bearing of North, along the West line of said Southeast Quarter a distance of ' 215.00 feet..; thence North 90 degrees East a distance of ?. 220.00 feet, thence North 61 degrees East a distance of 575.00 feet; thence North 37 degrees East to the Southerly R.O.W. line of County Road No. 1 and there terminating. TO BE ZONED R M-6.5 That part of the following described property; %The West 687.2 feet of that part of the West half of the Southeast Quarter of Section 25, Township 116, Range 22, lying South of County Road No. 1 and the East 400.25 feet of the West 1087.45 feet of that part of the West half. of the Southeast Quarter lying South of County Road No. 1. Except that part of the above described property lying North of the South 765 feet thereof. lying Southeasterly of the following• described line; Commencing at the Southwest Corner of the Southeast Quarter of said Section 25, 'thence on an assumed bearing of North, along the West line of said Southeast Quarter a distance of 215.00 feet; thence North 90 degrees East a distance of 220.00 feet, thence North 61 degrees East a distance of 575.00 feet; thence North 37 degrees East to the Southerly R.O.W. line of County Road No. 1 and there terminating. i s I i d3S� Bluff Ridge PUD-11-83-DEVELOPER'S AGREEMENT x THIS AGREEMENT, made and entered into as of 1983, by xg and between Urban Unit Corporation, a Minnesota corporation, dba MARK CHARLES, g hereinafter referred to as "Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City:" WITNESSETH: WHEREAS, Developer has applied for a Comprehensive Guide Plan Amendment from Low Density Residential to Medium Density Residential, Planned Unit Development District, Zoning from Rural to R1-9.5, with variances, and RM-6.5, with variances, and preliminary platting of 16.2 acres for Bluff Ridge, located south of County Road #1 and east of Fran14 Road, situated in Hennepin County, State of Minnesota, more 'i fully described in Exhibit A, attached hereto and made a part hereof and hereinafter referred to as "the property;" and, i WI{EREAS, Developer has applied to City to develop approximately 16.2 acres of land for construction of 88 units upon the property; NOW, THEREFORE, in consideration of the City adopting Ordinance #51-83 and Resolution #83-252, Developer covenants and agrees to construction upon, development, and maintenance of said property as follows: I. Developer shall plat and develop the property in conformance with the materials dated September 22, 1983, as revised, reviewed and approved by the City Council on October 18, 1983, and attached hereto as Exhibit B, and made a part hereof, subject to such changes and modifications as are 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 final plat, Developer shall submit to the City Engineer, and receive the City Engineer's approval of the following: A. Final storm water drainage plans consistent with the plans for the southeast quadrant of the City for drainage purposes. f a B. Detailed plans for sanitary sewer, water, and streets. 4. Prior to building permit issuance, Developer shall: I 1 A. Submit to the Director of Planning, and obtain the s Director's approval of the following: 1. An overall landscaping plan and privacy fencing plan for the entire project. 2. An erosion control plan, showing protection of the trees during construction by snow fencing. B. Submit ' to the Director of Community Services, and receive the Director's approval of plans for five-foot wide concre"e sidewalks to be constructed concurrent with street construction for the property in the following locations: 1. Along the east side of Franlo Road to the project's southern boundary. 2. Along the north side of Lee Road, and Plans for a six-foot wide asphalt trail on Outlot J from the south end of the private drive to the south boundary of the property. C. Developer shall place a temporary dead-end sign at the east 1 end of Lee Road. 5. In implementation of the Planned Unit Development District, and as variance to certain provisions of Chapter 11 of the City Code, City authorizes minimum front yard setback, lot size, and density variances for the RI-9.5 area of the property and sideyard setback variances for common walls for the RM-6.5 area of the property. i i IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE Wolfgang H. Penzel, Mayor j t j i Carl J. Jullie, City Manager STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1983, by Wolfgang H. Penzel, the Mayor, and-Carl Jullie, ttW6 City Manager, o 'the City of Eden Prairie, a Minnesota municipal corportation, on behalf of the corporation. Notary Public Urban Unit Corporation, dba MARK CHARLES j 1 Charles Coombs, President {, STATE OF MINNESOTA) 1� COUNTY OF HENNEPIN�SS. The foregoing instrument was acknowledged before me this day of 1983, by Charles Coombs, the President, Urban Unit Corporation, dba Mark Charles, a Minnesota corporation, on behalf of the corporation. • Notary Public i OWNERS' SUPPLEMENT TO DEVELOPER'S AGREEMENT BETWEEN URBAN UNIT CORPORATION, DBA MARK CHARLES 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 "Owners," and the City of Eden Prairie, hereinafter referred to as "City:" For and in consideration of, and to induce, City to adopt Resolution #83-252 for a preliminary plat approval and Ordinance #51-83 changing the zoning of the property owned by Owner from Rural to R1-9.5 (with variances) and RM-6,5 (with variances), as more fully described in that certain Developer's Agreement entered into as of 1983, by and between Urban Unit Corporation, dba Mark Charles, and City, Owners agree with the City as follows: 1. If Urban Unit Corporation, dba Mark Charles, fails to proceed in accordance with the Developer's Agreement within 24 months of the date hereof, Owner shall not oppose the rezoning of the property to Rural. 2. This Agreement shall be binding upon and enforceable against Owners., their successors, heirs, and assigns of the property. 3. If the Owners transfer such property, owners shall obtain an agreement from the transferree requiring that such transferee agree to the terms of the Developer's Agreement. THE BLUFFS COMPANY m Peter, Vice President i' STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN� The foregoing instrument was acknowledged before me this day of 1983, by Jim Peter, Vice President, The Bluffs company, a Minnesota corporation, on behalf of the corporation. Notary Public CITY Wolfgang H. Fenzel, Mayor Car u1 e, City Manager t STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1983, by Wolfgang H. Penzel, the Mayor, andararrJ. Jullie. the City Manager of the City of Eden Prairie, a municipal corporation, on behalf of the corporation. Notary Public i' I r Bluff Ridge CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-264 A RESOLUTION APPROVING THE SUMMARY f '; OF ORDINANCE 51-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 51-83 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. 51-83. 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. 51-83 shall be recorded in the ordinance book, along with proof of publication required by paragraph B herein, r within 20 days after said publication. ADOPTED by the City Council on , 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Clerk Bluff Ridge Tilt! following is the full text of the City of Eden Prairie Ordinance No. 51-83, 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 sumnarized. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE N0. 51-83-PUD-11-83 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 WHICII, 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 Planned Unit Development 11-83 District (hereinafter "PUD I1-83"), which includes R1-9.5 (with variances), and RM- j 6.5 (with variances), Zoning Districts. Section 3. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of 1983, entered ; into between Urban Unit Corporation, dba Mark Charles, and t e City of Eden Prairie (hereinafter "Developer's Agreement"). The Developer's Agreement contains the terms and conditions of PUB 11-83, and are hereby made a part hereof. Section 4. The City Council hereby makes the following findings: A. PUB 11-83 is not in conflict with the goals of the Guide Plan of the City. B. PUB 11-83 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 PUB 11-83, are justified by the design of the development described therein. D. PUB 11-83 is of sufficient size, composition, and arrangement that its construction, marketing, and operation is feasible as a complete unit without dependence upon any subsequent unit. Section 5. The proposal is hereby adopted and the land shall be, and hereby is, removed from the Rural District and shall be included hereafter in the Planned Unit Development 11-83 District, and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shill 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 pub ished at a regular meeting of the City Council of said City on the , day of ATTEST: ToTin O. Frane, City C er Wolfgang H. Penzel. Mayor PUBLISHED in the Eden Prairie News on the day of a�s�1 ,- Sunenery of Developer's Agreement: Bluff Ridge 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 to the City Engineer of a development Plan for the land. 3. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 4. Developer's warranty of title to the land. 5. 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. 6. 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. 7. Payment of first three (3) years' street lighting, engineering review, and . street signs costs. 8. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. i 9 9. Application of the Developer's Agreement to transferees of the land. i. 10. City►'s remedies in the event that Developer violates the provisions of the Developer's Agreement. 11. Notice to the City's cable franchise. 1 12. Payment of Park Dedication Fees prior to building permit issuance. 13. Submission to the City Engineer, and receipt of the City Engineer's approval of final storm water drainage plans consistent with the plans for the southeast quadrant of the City for drainage purposes and detailed sanitary sewer, water, and street plans, all to be completed prior to final plat. 14. Submission to the Director of Planning, and receipt of the Director's approval of an overall landscaping plan and privacy fencing plan for the entire project and an erosion control plan, showing protection of the trees during construction by snow fencing. 15. Submission to the Director of Community Services, and receipt of the Director's approval of plans for five-font wide concrete sidewalks to be constructed concurrent with street construction for the property in the following locations: along the east side of Franlo Road to the property's ')aC`d southern boundary and along the north side of Lee Road. Also, plans for a ( six foot wide asphalt trail within Outlot J from the south end of the private drive to the south boundary of the property. 16. Developer shall place a temporary dead-end sign at the east end of Lee Road. 11. City grants the following variances as part of the Planned. Unit Development from certain provisions of Chapter 11 of the City Code: Minimum front yard setback, lot size, and density for the R1-9.5 area of the property and sideyard setback variances for common walls for the RM-6.5 area of the property. 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'�rane, City Clerk Wolfgang N. Penzel, Mayor i i CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 50-B3 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 Regional Commercial Service 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 Regional Commercial Service 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 S. The land shall be subject to the terms and conditions of that certain Developer's Agreement dated as of , entered into between Tudor Oaks Condominium Project, by ABI Holdings Minnesota), Inc., its general partner, 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 puflished at -a regu ar meeting of the City Council of said City on the day of ATTEST: John D. rane, City Clerk o fgang H. Penzel, Mayor PUBLISHED in the Eden Prairie News on the day of i Exhibit A Legal Description Lot 1, Block 1, Castle Ridge, Hennepin County, Minnesota Castlemoor Office Park DEVELOPER'S AGREEMENT THIS AGREEMENT, made and entered into as of 1983, by and between Tudor Oaks Condominium Project, an Ontario Canada limited partnership by, ABIO Holdings of Minnesota, Inc., its General Partner, 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 zoning from Rural to Office and development approval of approximately two acres, situated in Hennepin County, State ?' of Minnesota, more fully described as Lot 1, Block 1, Castle Ridge, Hennepin County, Minnesota, said entire two acres hereinafter referred to as "the property," and; i WHEREAS, Owner desires to develop the property to construct thereon an ; 1 office and banking facility; a. NOW, THEREFORE, in consideration of the City adopting Ordinance #50-83, Owner covenants and agrees to construction upon, development, and maintenance of i said property as follows: 1. Owner shall develop the property in conformance with the materials revised and dated September 23, 1983, reviewed and approved by the City Council on October 4, 1983, end attached hereto as Exhibit A, 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 B, attached hereto and made a part hereof. 3. Prior to the issuance of a permit for any building upon the property, Owner shall: A. Submit to the Director of Planning, and receive the Director's approval of the following: I 1, A landscape plan, heavily buffering screening all parking, loading, and mechanical areas from adjacent public roads and the adjacent retirement complex. 2. Soils information for the site. 3. Revise the• site plan to, indicate at least the following: a. Less slope across the parking lot. b. Joint parking and access with the adjacent parcel to the north. C. Placement of the drive-through structure outside of the front yard setback. d. The median alignment relationship to the Highway #169 access. e. The location of utility services for water, storm sewer, and sanitary sewer. B. Submit to the City Engineer, and receive the City Engineer's approval of street and utility plans for the extension of Castlemoor Drive. 4. Developer shall be responsible for 100% of the cost of the extension of Castlemoor Drive. r 2�(�3 IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. CITY OF EDEN PRAIRIE Wo lfgang H. Penzel, Mayor Carl J. Jullie, City Manager STATE OF MINNESOTA) )SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of 1983 by Wolfgang H. Penzel, the Mayor and"Carl J. Jullie, the City Manager of the City of'Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public TUDOR OAKS/CONDOMINIUM PROJECT an Ontario, Canada Limited Partnership BY: ABIO HOLDINGS (MINNESOTA), INC. Its General Partner David S. Own, President STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this day of f _ 1983, by David S. Own, President, A 0 HOLDINGS TMINNEWAT, INC., a Minnesota corporation, on behalf of the corporation. Notary Public i Castiemoor Office Park CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-265 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE• 50-83 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. 50-83 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the day of 19B3; 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. 50-83, 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.D7. 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 Hail. D., That Ordinance No. 50-83 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 19B3. Wolfgang H. Penzel, Mayor ATTEST: I John D. Frane, City Clerk ' L Castlemoor Office Park } Thr following is the full text of the City of Eden Prairie Ordinance No. 50-83, j 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 Lhe Ordinance, is summarized. x ' 3 CITY OF EDEN PRAIRIE l HENNEPIN COUNTY, MINNESOTA j ORDINANCE NO. 50-83 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 Regional Commercial Service 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 Regional Commercial Service 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 'r that certain Developer's Agreement dated as of entered into between Tudor Oaks Condominium Project, by ABIO Holdings Minnesota), Inc., its general partner, 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 Wo-Mang H. Penzel,'Mayor PUBLISHED in the Eden Prairie News on the day of Ertl I_ i Stunnary of Developer's Agreement: Castlemoor Office Park 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 i Department. ? 2. Submission to the City Engineer of a development Plan for the land. 3. Submission to Watershed District of storm sewer construction plans. Developer to follow the rules and regulations of said Watershed District. 4. Developer's warranty of title to the land. 5. Construction and maintenance of public improvements which are to be conveyed i 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. 6. 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. , 1. Payment of first three (3) years' street lighting, engineering review, and street signs costs. 8. Developer's commitment not to oppose rezoning if Developer fails to proceed in accordance with the Developer's Agreement within 24 months. t 9. Application of the Developer's Agreement to transferees of the land. 10. City's remedies in the event that Developer violates the provisions of the Developer's Agreement. 11. Notice to the City's cable franchise. `s 12. Submission to the Director of Planning and receipt of Director's approval of a landscaping plan heavily buffering and screening all parking, loading, and mechanical areas from adjacent public roads and adjacent retirement complex. 1 13. Submission to the Director of Planning and receipt of the Director's approval of soils information. 14. Submission to the Director of Planning and receipt of the Director's ' approval of a revised site plan indicating less slope across parking lot, joint parking and access with the adjacent parcel to the north, placement of the drive-through structure outside of the front yard setback, median alignment relationship to the Highway N169 access, location of utility services for water, storm sewer, and sanitary sewer. 15. Submission to the City Engineer, and receipt of the City Engineer's approval of street and utility plans for the extension of Castlemoor Drive. a3�� 16. Developer responsible for 100% of the cost of the extension of Castlemoor Drive. 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. Julia D. Frane, City Clerk! Wolfgang H. Pe - e , Mayor I Paulsen's Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 52-83 AN URDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE, CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 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 orderer -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 j CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-266 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF THE PAULSEN'S ADDITION FOR DIRLAM DEVELOPMENT FOR 43 SINGLE FAMILY LOTS ON 21.6 ACRES AT VALLEY VIEW ROAD AND TICONDEROGA TRAIL BE IT RESOLVED that the proposal for a 43 single family lots on 21.6 acres for the Paulsen's Addition by Dirlam Development, located at Valley View Road and Ticonderoga Trail, is herein approved subject to the following specific conditions: 1. The preliminary plat and grading•plan, dated October 3, 1983, and attached hereto shall apply. 2. Prior to issuance of a building permit, developer/owner shalt: A. Submit to the City Engineer, and receive the City Engineer's approval of the following documents: 1. Detailed erosion and slope treatment plans showing sodding with stakes along the proposed slope located west of the marsh. 2. A grading plan softening the contours along the south edge of the proposed slope located west of the marsh, and placing a landing pad on Live Lane at the Paulsen Drive intersection. 3. Detailed water, sanitary sewer, storm sewer, and erosion control plans. B. Receive approval from the Watershed District. 3. Prior to issuance of a building permit, developer/owner shalt pay the Cash Park Fee. ADOPTED by the City Council on 1983. Wolfgang H. Penzel, Mayor ATTEST: John D. Frane, City Cler I i Maple Hill Addition CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 48-83 i- AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND, ADOPTING BY REFERENCE . CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the "land") is legally described in Exhibit A attached hereto and made a part hereof. Section 2. That action was duly initiated proposing that the land be removed from the Rural District and be placed in the R1-13.5 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 Z. 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. Se;tion 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 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-267 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF THE MAPLE HILL ADDITION FOR COONk5.3 PARTNERSHIP 18811 DUCK LAKE SINGLE FAMILY LOTS LAKE TRAIL 8E IT RESOLVED that the proposal for 11 single family lots on 5.3 acres for Charis Partnership for the Maple Hill Addition, located at 18811 Duck Lake Trail, is herein approved subject to the following specific conditions: 1. The site plan and grading plan, dated October 4, 1983, and attached hereto shall apply. 2. Prior to final plat, developer/owner shall submit to the City Engineer, and receive the City Engineer's approval of plans for streets, sanitary sewer, storm sewer, and water. 3. Prior to final plat, developer/owner shall submit to of the Director of dedicated tonity rtheeCitynforQceive the flood plainOpu posessalongroval PurgatorytCreek.he to be 4. Prior to building permit issuance, developer/owner shall: A. Provide detailed soils information to the City. B. Receive Watershed District approval. C. Pay the Cash Park Fee. 1983. ADOPTED by the City Council on i .. Wolfgang H. Penzel, Mayor ATTEST: John 0. Frane, City Cler I ` i' ` I 1st National Bank of Edina CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 53-83 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 PRDVISIONS i 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 placed in the Regional Commercial Service District. Section 3. That the proposal is hereby adopted and the land shall be, and hereby is included hereafter in the Regional Commercial Service 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 i 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. a ! i John D. Frane, City Clerk Wolfgang H. Penzel, Mayor s t PUBLISHED in the Eden Prairie News on the day of ! is • f . t I 1 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ( RESOLUTION NO. 83-269 A RESOLUTION SETTING FORTH SPECIFIC CONDITIONS OF COUNCIL APPROVAL OF THE DEVELOPMENT PLAN FOR 1ST NATIONAL BANK OF EDINA FOR A DRIVE-THROUGH BANKING FACILITY ON 2.25 ACRES AT PRAIRIE CENTER DRIVE AND FRANLO ROAD BE IT RESOLVED that the proposal for 1st National Bank of Edina for a drive-through banking facility on 2.25 acres, located at Prairie Center Drive and Franlo Road, is heroin approved subject to the following specific conditions: 1. The site dated August 30, and 31, 1983, and attached hereto shall apply. 2. Prior to building permit issuance, developer/owner shall submit to the Director of Planning and receive the Director's approval of: A• Detailed information to the Planning Department for parking lot lighting and signage. B• A revised site plan showing a taper deceleration land and triangular island in the location of the Prairie Center Drive access. C. Revised landscape/screening plan which reflects screening of the parking area, screening of the drive-through area., and landscaping complimentary to the adjacent Eden Prairie Center landscape theme. D• Detailed landscape/screening plans, bond, and contract. 3. Prior to building permit issuance, developer/owner shall submit to the City Engineer and receive the City Engineer's approval of: A. A maintenance and cross easement agreement dealing with the construction and use of the joint access drives. B• Utility agreement and easement information. C. Detailed information regarding water, storm sewer, and sanitary sewer. D. Revised utility plans extending the water main to the west property line. It ,: i ' - f ' 4. Prior to building permit issuance, developer/owner shall: i A. Receive Watershed District approval. ! B. Pay the Cash Park Fee. ADOPTED by the City Council on 1983. Wolfgang N. P enzel, Mayor ATTEST: o D. Frane, City Clerk a��s CITY GE EDER PP.A1k1E H ;iEPi 1r' COUNTY, hit NNi SOTA RESOLUTION NO. 83-278 A RESOLUTION APPROVING F114AL PLAT OF APPLE GROVES WHEREAS, the plat of APPLE GROVES has been sub- i mitted in the manner required for platting land under the Eden Prairie Ordinance �. Code and under Chapter 462 of the Minnesota Statutes. and all proceedings have been { duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and a the regulations and requirements of the laws of the State of Minnesota and ordin- 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 APPLE GROVES is approved upon compliance..with the recommendation of the City Engineer's Report on this plat dated October 25, 19B3. 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 Reis- trar of Titles for their use as required by MSA 462.358. Subd. 3. 9 That the City Clerk is hereby directed to supply a certified copy { of this Resolution to the owners and subdividers of the above named 1 plat. i 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 November 1, 1983. Wolfgang H. Penze1, Mayor ATTEST: SEAL John D. rane, L1 erk C 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 CV.,,,°C. DATE: October 25, 1983 SUBJECT: APPLE GROVES PROPOSAL: The developers, Northwest Properties Corporation, have requested City Council approval of.the final plat of Apple Groves, a single family residential plat consisting of 37 cluster homes and 20 single family detached homes. The plat contains approzimately 12 acres located southeasterly of the Chicago, Milwaukee, St. Paul and Pacific Railroad and west of Lorence 2nd Addition in the North ; of Section 7. HISTORY: The preliminary plat was approved by the City Council on October 6, 19B3, per Resolution 83-235. The Planned Unit Development concept'was approved by the City Council on October 6, 1983, per Resolution 83-234. The plat submitted for approval is intended as Phase I of the approved PUD. Zoning to RM 6.5, RI-9.5 and RI-13.5 was finally read and approved by the City Council on October 18, 1983, per Resolution 47-83. Zoning within this plat is RI-9.5. The Developer's Agreement referred to within this report was executed on October 18, 1983. VARIANCES: All variance requests not covered by the Developer's Agreement must be processed through the Board of Appeals. t UTILITIES AND STREETS: All municipal utilities, roadways and walkways will be installed throughout the plat in conformance with City Standards and the requirements of the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's / Agreement. l BONDING: The requirements for bonding are covered in the Developer's Agreement. Pg. 2, Apple Groves RECOMMENDATION: Recommend approval of the final plat of Apple Groves subject to the requirements of this report, the Developer's Agreement and the following; 1. Receipt of Engineering fee in the amount of $1,500.00. 2. Receipt of fee for street lighting in the amount of $3,614.40. 3. Satisfaction of Bonding requirements. DLO:sg Cii1' Ui Ei.' G PP.-I.IRIE H:;:�EriG (Ci* 1%IY, M]NNESOTA RESOLU-1014 NO. 83-279 A RESOLUTION APPROV114G FINAL PLAT OF APPLE GROVES 2nd ADDITION WHEREAS, the plat of Apple Groves 2nd Addition has been sub- mitted in the manner required for platting land -ender the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City plan and the regulations and requirements of the laws of the State of Minnesota and ordin- ances of the City of Eden Prairie. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF •EDEN PRAIRIE. A. Plat Approval Request for Apple Groves 2nd Addition is approved upon compliance with the recommendation of the City Engineer's Report on this plat dated October 26, 19B3. B. That the City Clerk is hereby directed to file a certified copy of this resolution in the office of the Register of Deed'and/or Regis- trar of Titles for their use as required by MSA 462.358, Subd. 3. 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 llanager 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 November 1, 1983. Iaolfgang H. Penzel,Mayor ATTEST: SEAL John 67 Frane, L1ark AW 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 h7 d,' DATE: October 26, 1983 SUBJECT: APPLE GROVES 2nd ADDITION PROPOSAL: The developers, Northwest Properties, Corporation, have requested City Council approval of the final plat of Apple Groves, a single family residential plat consisting of 26 lots on approximately 11 acres. The plat is located south of Valley View Road, north of the Chicago, Milwaukee, St. Paul and Pacific Railroad and east of Nygren Estates in the North � of Section 7. HISTORY: The preliminary plat was approved by the City Council on October 6, 1983, per Resolution 83-235. The Planned Unit Development concept was approved by the City Council on October 6, 1983, per Resolution 83=234. The plat submitted for approval is intended as Phase 2 of the approved PUD. Zoning to RM 6.5, RI-9.5, and RI-13.5 was finally read and approved by the City Council on October 18, 1983, per Ordinance 47-83. Zoning for the 2nd Addition is RI-13.5. The Developer's Agreement referred to within this report was executed on October 18, 1983. VARIANCES All variance requests not covered by the Developer's Agreement must be approved by the Board of Appeals: UTILITIES AND STREETS: All municipal utilities, roadways, and walkways will be installed throughout the plat in conformance with City Standards and the requirements of the Developer's Agreement. PARK DEDICATION: The requirements for park dedication are covered in the Developer's Agreement. d�`6U Pg. 2, Final Plat Apple Groves 2nd Addition t BONDING: The requirements for bonding are covered in the Developer's Agreement. RECOPMENDATION: Recommend approval of the final plat of Apple Groves 2nd Addition subject to the requirements of this report, the Developer's Agreement and the following: 1. Receipt of fee for Engineering in the amount of $780.00. 2. Receipt of fee for street lighting in the amount of $2,710.80. 3. Satisfaction of Bonding requirements. DLO:sg a��l November 1, 1903 CITY OF EDEN PRAIRIE ( HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 83-275 RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR SHADY OAK ROAD IMPROVEMENTS I.C. 52-026 WHEREAS, a resolution of the City Council adopted the 16th day of August, 1983, fixed the 1st day of November, 1983, as the date for a public hearing on the following proposed improvement: Roadway widening, channelization and signals on Shady Oak Road between CSAH 62 and TH 169, I.C. 52-026. WHEREAS, all property owners whose property is liable to be assessed for the making of this improvement were given ten days published notice of the Council hearing was rheld ing tand uproperrtgh twoy ownersU heard ekl tonn the f t ls day required of November, 1983. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE: 1. Such improvement as above indicated is hereby ordered subject to execution of an agreement between Hennepin County and the City of Eden Prairie regarding County participation in the project costs. 2. The City Engineer is hereby designated as the Engineer for this project and is hereby directed to prepare plans and spechelpations for the of Inc. and/or Hennepinking of County Departmenuch improvement t th the of 1p of Transportation. ADOPTED by the Eden Prairie City Council on November 1, 1983. Wolfgang H. Penze Mayor ATTEST: SEAL John D. Frane, C erk I &OVEMBER 1,1983 115 9�.- VOID OUT CHECK 58.29- 6 10301 WESTERN LIFE INSURANCE INSURANCE 58.20 10302 CLUE CROSS INSURANCE INSURANCE 1202.86 3275 10303 MEDCENTER HEALTH PLAN INSURANCE 9419.30 3 10304 PfIYSICIANS HEALTH PLAN INSURANCE 1872.04 10305 GROUP HEALTH PLAN INC INSURANCE 52.00 10306 DANA GIB3S PACKET DELIVERY 52.00 0.00 10307 VOID OUT CHECK 10308 JERRY SUPER VALU SUPPLIES-LIQUOR STORES 183.12 10309 ED PHILLIPS & SONS CO WINE 3968.72 10310 EAGLE WINE CO WINE 418.28 10311 INTERCONTINENTAL PCKG CO WINE 158.62 10312 GRIGGS COOPER & CO INC LIQUOR 1978.32 10313 TWIN CITY WINE CO WINE 22.298 10314 PRIOR WINE CO WINE 591. 10315 JOHNSON BROTHERS WHOLESALE LIQUOR LIQUOR . 10316 QUALITY WINE CO WINE 243232.88 10317 MENARDS SHINGLES-PARK MAINTENANCE 8976. 10318 SANDRA OLIVERSON REFUND-EXERCISE CLASSES 13.00 00 10319 JULIE MEYER REFUND-EXERCISE CLASSES 10320 HOPKINS POSTMASTER POSTAGE-DISTRICT 2 UTILITY BILLS 16163.93 10321 FEDERAL RESERVE BANK PAYROLL 10/14/83 6346.45 10322 CoxmISSIONER OF REVENUE PAYROLL 10/14/83 222.68 10123 AETNA LIFE INSURANCE PAYROLL 10/14/83 08.00 00 f 4 MINNESOTA STATE RETIREMENT PAYROLL 10/14/83 3265.00 1u,25 GREAT 41EST LIFE ASSURANCE CO PAYROLL 10/14/83 77.50 10326 UNITED WAY OF MINNEAPOLIS PAYROLL 10/14/83 571.50 10327 INTERNATIONAL UNION OF OPERATING PDUES AYROLL-10/14/83 14532.00 10328 P E R A + 93.20 10329 TREASURER-ST OF MINN SPECIAL FUEL LICENSE FEE 10110.00 10330 COMMISSIONER OF REVENUE SEPTEMBER SALES TAX 118.15 48 10331 NICOLLET EITEL HEALTH INSURANCE 2.15 10332 MINNESOTA STATE HIGH SCHOOL EXPENSES-ATHLETIC CO-ORDINATOR 52.50 1D333 CAPITOL CITY DISTRIBUTING CO WINE 358.91 10334 PAUSTIS & SONS WINE 2303.90 10335 ED PHILLIPS & SONS CO WINE 090.43 10336 JOHNSON BROTHERS WHOLESALE LIQUOR 428.83 88 10337 INTERCONTINENTAL PCKG WINE 1378.83 10338 QUALITY WINE CO WINE 278.84 10339 EAGLE WINE CO WINE 2625.42 10340 GRIGGS COOPER & CO INC LIQUOR 53.79 10341 STATE OF MINNESOTA BIKE REGISTRATIONS 87.00 10342 PETTY CASH EXPENSES 45 10343 ACRO-MINNESOTA INC OFFICE SUPPLIES 302.88 10344 STUART ALEXANDER SEPTEMBER & OCTOBER MILEAGE 18.00 10345 NXERICAN "JATIONAL BANK SERVICE 50.00 10346 AMERICAN BELL SERVICE 918.00 10347 AMERICA`1 SCIENTIFIC PRODUCTS LAB SUPPLIES-WATER DEPT 1015.73 '"148 AMILRiCAN WATER WORKS ASSOCIATION FILM RENTAL-WATER DEPT 40.00 49 RON ANDERSON EXPENSES-POLICE DEPT 36.67 10350 APPLL VALLEY RED-E-MIX INC CONCRETE-STREET DEPT 15313 10351 ANACOMP MICf;OrILM READER-rINANCE DEPT 90.01 10352 ARA IRANSPORTr1TION BUS SERVICE-KIDS KORNER 52.2 10353 ARMOR SECURITY INC 4 LOCKS-WARMING HOUSE 25 .0070. 0 10354 ATLAS CONCRETE & MASONRY SERVICE-STARING LAKE PARK SHELTER 1U355 I'�01_I.Y RAIRD REFUND-SWIFIMING CLASSES 22.00 1(M,6 BENNET RINGRDSE WOLSFELD JARVIS -SERVICE-MITCHELL ROAD & TECHNDLOGY DRIVE/ 39347.41 I -CITY WEST STREETS/PRAIRIE CENTER DRIVE/ -VALLEY VIEW ROAD FROM T H 169 TO 4941 -SHADY OAK FEASIBILITY/ANDERSON LAKES PARKWAY 5.00 10157 MICHEAL BERDAHL REFUND-HYDRO-WEIGHING 10353 BLOOMINGTON LOCKSMITH COMPANY -REPAIR LOCK-P/S BLDG/INSTALL DOOR CLOSER- 215.56 WATER DEPT 1249.25 10359 B?AUN ENGINEERING TESTING INC SERVICE-RED ROCK PARK 81 7 10360 CROCK WHITE COMPANY CONCRETE BLOCKS-STREET DEPT03 10361 A!;UREA t>RGSCH RACQUETBALL TOURNAMENT DIRECTOR-FEES PAID 112.40 10362 EUTCHS BAR SUPPLY SUPPLIES-LIQUOR STORES 10363 C,4I REFRIGERATION REPLACED WATER RESERVIOR-COMMUNITY CENTER 353.57 10364 CAPITOL ELECTRO.4ICS INC RADIO REPAIR-POLICE DEPT 153.57 10365 CHAPIN PUBLISHING COMPANY LEGAL ADS 169.20 10366 CHASE MANiiATTAN SERVICE CORP TELEPHONE EQUIPMENT-POLICE DEPT 44 10367 CHEMLA.WN LAWN APPLICATIONS-P/S At FIRE STATIONS 344.0� 10368 CHEt1SCAPE LAWN FERTILIZATION-P/S & FIRE STATIONS 228.0'? 10369 CLUTCH & TRANSMISSION SERVICE BRAKE LINING-EQUIPMENT MAINTENANCE 10.00 10370 COMFY HEATING REFUND-GAS FITTERS LICENSE 13041.93 10371 CO;IMISSIONER OF TRANSPORTATION SERVICE-PRAIRIE CENTER DRIVE 10372 Co:.'„,U(tITY DANCE CENTER INSTRUCTOR-EXERCISE CLASSES/FEES PAID 111G.5C 10373 CONWAY FIRE & SAFETY INC SCHOOL-FIRE DEPT10388 43.0 10374 CGPY EQUIPMENT INC FLAGGING TAPE-FORESTRY DEPT .55.57 10375 ELIZABETH CORKINS REFUND-SWIMMING CLASSES 5.20 176 CROWN RUBBER STAt,T CD STAtIP-POLICE DEPT 3454.47 .;77 CUTLER MAGNER COMPANY QUICKLIME-WATER DEPT 10378 DALCO CLEANING SUPPLIES-COMMUNITY CENTER 125.44 10379 DASCO INC BATTERIES-PUBLIC SAFETY 12.00 103CO SUSAN DODD REFUND-EXERCISE CLASSES 311.0_' 10381 DORHOLT PRINTING & STATIONERY INC OFFICE SUPPLIES-POLICE DEPT 11.02 10382 DOYLE LOCK CO PUBLIC SAFETY BUILDING KEYS 24.59 10383 STEVE DURHAM SEPTEMBER & OCTOBER MILEAGE 19 7S 10384 JOY EASTMAN EXPENSES-COMMUNITY CENTER 19.1: 103S5 PETTY CASH-EDEN PRAIRIE P/S EXPENSES-POLICE DEPT 165.1:' 103S6 CITY OF EDINA SEPTEFIBER TESTS 4.51. 10387 JEFF EL4:ELL EXPENSES-COMMUNITY CENTER , 10383 EMERGENCY SERVICE SYSTEMS INC -REPLACE HALOGEN BULB IN WARNING LIGHT- 14.7POLICE C PT 61.3 10389 Et1PIRE-CORWN/AUTO INC EQUIPMENT PARTS 10390 000G EPSTEIN SOFTBALL OFFICIAL/FEES PAID 30.CC 10391 ESS B",%OTHERS & SONS INC CATCH BASIN-STREET DEPT 108.C' 85.G' 10392 FAIRVIEW CO'ti'�UNITY HOSPITALS TESTS-POLICE DEPT • 1D393 FLAHERTY EQUIPMENT CORPORATION REPAIR GENERATOR-FIRE DEPT 46.?. 10394 JAN FLYNN EQUIPMENT REPAIR-SENIOR CENTER 37.3"r 10395 FORD TANK & PAINTING CO INC MAINTENANCE ON BAKER ROAD RESER'VIOR 1250.C ' 10396 FORESTRY SUPPLIERS INC -TAGS-FORESTRY DEPT/30D' REEL TAPE-PARK PLAN 118.5 173'r 10397 JOHN FRANE OCTOBER EXPENSES ' 10393 FRANK APPLIANCE SERVICE CENTER VALVE STEtt FOR FOUNTAIN-PARK DEPT 34.4 n REFUND-SWI'r';ilr;G CLASSES 8'( 0399 HOLLY FR:,`%SKE 5.0' 10400 JIt1 FRFNCII REFUND-HYDIIO-�dEIGHING 23.0 10401 FRIES CORRECTIONAL EQUIPMENT INC JAIL KEY-POLICE DEPT 6381043 z. 10402 KATHY FI'.YKI'.AN REFUND-HYDRO-WEIGHING 5.00 10403 G L CO'ITRACIIF'G INC REPLACE UAMASED HYDRANT-MITCHELL ROAD 772.10 1; 'O1 GLW UISFR1E11111:G SUPPLIES-LIQUOR STORES 204.01 1 5 GENERAL C0;!iUt;ICATIONS INC RADIO REPAIR & PARTS 594.80 10406 LISA GJJTH REFU"iD-UNIFORM FEE 13.15 10407 JACK H-+CKI?;G EXPENSES 5.80 10403 JUNE L HANSON MILEAGE-ASSESSING DEPT 25.50 10409 NANCY HARRISON COMMUNITY BAND DIRECTOR-COMMUNITY SERVICES 100.00 104)0 SHERIFFS DEFT/IIENNEPIN COUNTY REPLACE BATTERY-FIRE DEPT 26.00 10411 iipv:EPI'1 COUNTY CHIEFS OF POLICE SCHOOL-POLICE DEPT 660.00 10412 HENNEPIN COUNTY TREASURER -15 SHOVELS/12 SIGNAL LIGHTS/SEPTEMBER 409.18 TREE DEBRIS j 10413 HENNEPIN COUNTY -AUGUST & SEPT BOARD OF PRISONERS 55577/ 5701.75 . HALF SECTION MAPS-ENGINEERING DEPT 1D414 LAURIE HENRY EXPENSES-WATER DEPT 30.75 10415 HI-FI SOUND ELECTRONICS REPAIR TAPE RECORDER-BOARD OF APPEALS MTG 38.DO 1D416 CARMEN HIGASHI REFUND-HYDRO-WEIGHING 2.00 1D417 THERESA HILLSDALE MILEAGE-CDhE.IUNITY CENTER 18.50 1D418 HONEYWELL.INC MAINTENANCE AGREEMENT-WATER DEPT 3214.00 10419 HOPKINS DODGE SALES INC HEATER/STEERING SHAFT PARTS/BRAKE PARTS 82.24 10420. IIORIZOA FABRICATORS INC PARK/P/W & WATER BUILDING NUMBERS 444.00 10421 BILL HORNIG MILEAGE-ENGINEERING DEPT 171.75 10422 DONNA HYATT EXPENSES-POLICE DEPT 5.OD I 10423 Il,PERIAL INC COPPER TUBING-WATER DEPT 87.57 10424 I C 0 B D BODY.-BUILDING DEPT 16.00 10425 I C 0 B D DUES-BUILDING DEPT 120.00 10426 IRON MOUNTAIN FORGE 8 BENCHES/7 BLEACHERS-DONATED BY JAYCEES 3525.17 '7 J M OFFICE PRODUCTS INC OFFICE SUPPLIES 5.15 _8 J & R RADIATOR CORP RADIATOR CORE-EQUIPMENT MAINTENANCE 115.75 10429 JA;eES TILE CERAMIC TILE-STARING LAKE PARK SHELTER 2O0D.OD 10430 D J JANSKI & ASSOCIATES INC APPRAISAL-PRAIRIE CENTER DRIVE 850.00 . 10431 JERRY SUPER VALU #5188 SUPPLIES-COh1I4UNITY SERVICES 14.04 10432 JEAN JOHNSON EXPENSES 51.55 . 10433 JUSTUS LUR20 COMPANY SUPPLIES-CDMMUNITY CENTER 11.02 ' 10434 KUSTOM QUALITY ELECTRONICS SWITCH/MODULE-POLICE DEPT 113.10 1D435 BOB LAXBERT NOVE14BER EXPENSES 199.75 10436 LANCE SUPPLIES-LIQUOR STORES 4.8D 10437 LAND CARE & EQUIPMENT CO 6 BLADES-PARK MAINTENANCE 59.10 1043E VIRGINIA LEDFORD -SERVICE-COURT REPORTER FOR COUNCIL 315.00 MEETINGS MINUTES I 10439 LANG PAULY & GREGERSON LTD LEGAL SERVICE JUNE/JULY & AUGUST 1564.90 10440 MACDONALD & 14ACK PARTNERSHIP SERVICE-RESTORATION OF GRILL HOUSE 2OB9.45 10441 MAINTENANCE ENGINEERING LTD -ENERGY SAVING & FLUORESCENT LAMPS/ 471.54 y INDUSTRIAL DITTY LAMPS-WATER DEPT s 10442 MANPOWER TEMPORARY SERVICE TEMPORARY HELP-PLANNING DEPT 139.19 1' 10443 ROSERT MARTZ NOVEMBER EXPENSES 180.35 1D444 MASON PUBLISIIING CO BOOK-LIQUOR STORE 11.50 10445 MCGLYXN BAKERIES INC EXPENSES-FIRE DEPT SCHOOLS 22.97 10446 JAMES L MATSON EXPENSES 99.7D 10447 MEDICAL OXYTGEN & EQUIPMENT CO OXYGEN-FIRE DEPT 42.90 10448 METROPOLITAN FIRE EQUIPMENT CO CHEWICALS-FIRE DEPT 28.50 10449 M T^0P 011ITN N 4iASTE CONTROL SEPTEh13ER SAC CHARGES 5511B.25 U MF:T20Pi'LITAV WASTE CONTROL NOVEt!BER SEWER SERVICE 46795.27 i...61 MIDLAND PRODUCTS CO?1PANY CONCESSION STAND SUPPLIES-COMMUNITY CENTER 124.65 12670070 I 1045?. SARAH MILLER REFUND-SWIMMING CLASSES 10.00 It,,, 16.00 ,S FtI;Ld.�u OLIS AREA CHAPTER FILM RENTAL-CO�i:4UIJTIY CENTER A MINNEAPOLIS STAR & TRIBUNE SUBSCRIPTION-MANAGER � 10455 MINNEAPOLIS STAR; & TRIBUNE EMPLOYI4EN 114.95 14.95 T AD-PLANNING DEPT 72•00 IN 56 111NF;ESOTA BAR SUPPLY IIC SUPPLIES-LIQUOR STORES 2026.12 10457 MINNESOTA GAS CO"IPANY SERVICE 3643.93 10458 MINNLSOTA GAS COMPANY SERVICE 10459 MINi:ESOT.A TREE INC TREES-WATER DEPT 261.50 10460 MINNESOTA TORO INC WHEEL-PARK MAINTENANCE 36.24 10461 MINNESOTA VALLEY ELECTRIC CO-OP SERVICE 35.2.5 10462 MODERN TIRE CO WHEEL ALIGNMENTS/4 INNER TUBES 83.82 10463 MOTOROLA INC FUSES-RADIO SYSTEM 62.24 10464 INSTY-PRINTS PRINT NEWSLETTERS-SENIOR CITIZENS 87.24 10465 NATIONAL CHEMSEARCH CHEMICALS-WATER DEPT 204.40 10466 NEWCOX3E & HANSEN APPRAISALS INC SERVICE-PRAIRIE CENTER DRIVE 1125.00 10467 NORTHERN STATES POWER COMPANY SERVICE 16700.66 10468 NORTFI4;ESTERN BELL TELEPHONE CO SERVICE 1694.18 10469 THOMAS DLIVERSON REFUND-SWIMMING CLASSES 2300 10470 STEVE DLSTAD MILEAGE 10.73 10471 CHRIS PALM INSTRUCTOR-EXERCISE CLASSES/FEES PAID 1833.60 10472 PATCO COMPANY HYDRANT & VALVE BOX-WATER DEPT 1004.30 10473 PEPSI COLA BOTTLING CO POP FOR CONCESSION STAND-COMMUNITY CENTER 167.75 10474 T A PERRY ASSOCIATES INC REPAIR & REPLACE PARTS FOR FURNACE-POLICE 273.24 10475 POMMER MFG CO INC TROPHIES-BASKETBALL & FOOTBALL/FEES PAID 165.00 10476 PRAIRIE ELECTRIC COMPANY INC REPAIR FIXTURES-COMMUNITY CENTER •655.75 10477 PRAIRIE LAWN & GARD7_N EQUIPMENT PARTS-PARK MAINTENANCE 81.72 '78 PRAIRIE OFFSET PRINTING NO PARKING SIGNS-STREET DEPT 273.50 . 79 PROGRESSIVE CONTRACTORS REFUND DEPOSIT FOR FIRE HYDRANT 229.23 10480 RICK RABENORT EXPENSES . 10481 RADIO SHACK INTERCO.'l SET-WATER DEPT 165.00 10482 CITY OF RICHFIELD OCT 1-DEC 31 DISPATCH SERVICE-POLICE DEPT 7625.0' 10483 REIKE-CARROLL-MULLER ASSOCIATES I SERVICE-T.H #5 TRUCK SEWER EXT 2687.14 10484 ROBERTS DRUG SUPPLIES-POLICE DEPT 2250 10485 ROBERT RYAN REFUND-VARIANCE . 10486 SAY ELECTRIC INCORPORATED -INSTALL PHOTO CELL/4 INDUSTRIAL LIGHTS- 717.38 POLICE DEPT 10487 STEVEN R SINELL EXPENSES-ASSESSING DEPT 7.00 10488 SNYDERS DRUG STORES INC SUPPLIES-COMMUNITY CENTER 1D489 SOUTH1i 675.52 EST SUBURBAN PUBLISHING INC PRINT HAPPENINGS 75 10490 STANDARD SPRING COMPANY BOLTS .00 52 10491 EMMETT STARK COMMUNITY BAND DIRECTOR-COMMUNITY SERVICES 45.00 10492 TANEJA STEPHENS REFUND-SWIMMING CLASSES 13.00 10493 DON STREICHER GUNS INC AMMUNITION-POLICE.DEPT 30.00 10494 STEPHEN SULLIVAN MILEAGE-PLANNING DEPT 113.7� 10495 THOMIPSON PLUMBING REPAIR WATER LEAK-WATER DEPT 44.9i 10496 UNIFORMS UNLIMITED UNIFORMS-POLICE DEPT 356.30 10497 VALLEY INDUSTRIAL PROPANE INC GAS CYLINDERS-COMMUNITY CENTER 186.60 10498 VAN WATERS & ROGERS CHLORINE-WATER DEPT 457.05 10499 ED VAZQUEZ CUP DISPENSERS-ROUND LAKE PARK CONCESSION 44.4r; IO5O0 VESSCO INC CHEMICALS-14ATER OEPT 114.0: 10501 VIKING LA"ORATORIES INCORPORATED CHEMICALS-CO""UNITY CENTER 287.5;' 502 VOSS ELECTRIC SUPPLY COIPA;JY LIGHT GULLS-POLICE DEPT 56.t'i, Ao503 UALLBONID INC WALLBOARD-STARING LAKE PARK BLDG 65.1: 10504 WATER PRODUCTS COMPANY SEWER PIPE/PUMP-WATER & STREET DEPT 1981.7" 4693743 SANDY WERTS OCTOBER MILEAGE 44.18 WILSON TAtINER GRAPHICS EDEN PRAIRIE TRAIL MAPS-COMMUNITY SERVICES 524.50 1Ujo7 XEROX CORPORATION SERVICE & LABELS 189.012 1050B ZACHS INC 100 FT CHAIN-STREET DEPT 1ST AID SUPPLIES-STREET DEPT 17.90 10509 ZEE MEDICAL SERVICE 1B22.42 10510 ZIEGLER INC SNOWPLOW & GRADER BLADES-EQUIP MAINT 64.00 10511 DAVID KREEMER VOLLEYBALL OFFICIAL/FEES PAID 120.GC - 10512 FRED RAZAVI VOLLEYBALL OFFICIAL/FEES PAID 180.00 10513 BRUCE W STRANDBERG NOC}:EY OFFICIAL/FEES PAID 24.0C 10514 MONTY STUHLER VOLLEYBALL OFFICIAL/FEES PAID 24.00 10515 CRA1G VICK SOFTBALL OFFICIAL/FEES PAID 150.02 10515 PAUL WELD HOCKEY OFFICIAL/FEES PAID 10516 PAUJOE 4llELD SOFTBALL & VOLLEYBALL OFFICIAL/FEES PAID 4602.C,' 10518 DONS SOD SERVICE SOD-VARIOUS LOCATIONS 55.37 10519 TRANSPORT CLEARINGS FREIGHT CHARGES-P/W BLDG 72 0� 10520 SANDY WERTS CONFERENCE-COMMUNITY SERVICES 75.00 10521 UNIVERSITY OF MINNESOTA CONFERENCE-ENGINEERING DEPT 67.00- 9696 VOID OUT CHECK 830437 $340499.3, 10 GENERAL 111428.93 15 L/S PRAIRIE VILLAGE MALL 164887.70 17 L/S PRESERVE 52 31 PARK ACQUIST & DEVELOP 92337 1 36 P/S & P/W BOND FUND 61.84 44 UTILITY DEBT FUND 850.00 2 51 I14PROV CONST FUND 801.28 57 ROAD IMPROV CONST FD 400.0 24897.26 73 WATER FUND 104700.26 77 SEWER FUND 3825.17 81 TRUST & ESCROW FUND 87 CommUNITY DEVELOP BLOCK G 2189.05 90 TAX INCREMENT CONST FUND 53475.96 $34D499.34 EHLERS AND ASSOCIATES, INC. FINANCIAL 5FECIGL'S?S FIR57 NATIONAL-500 LINE CONCOURSE 507 MARQUETTE AVE. MINN EAPOLIS.MINNESOTA 55402 339�9291(AREA CODE 512) November 1, 1983 Mayor and City Council City of Eden Prairie Eden Prairie, Minn Re: Advance Refunding Financing After the events of the last 10 days, the first two days of trading this week have not given a clear indication of interest rate movement. Generally, lower credit issuers will be suffering from higher rates, especially for issues extending over 16 years--greater risk-higher rates. Tax-exempt issuers within the A & A-1 range appear to have little change and projections indicate lower rates by the end of November. Issurers with high- er ratings, such as the advance refunding with a AAA, can expect a more rapid recovery because of lower risk, higher quality, and insurance which is an absolute quarantee the principal and interest on the bonds will be paid. It is our opinion that the City should proceed with this offering for a November 29th sale. We have projected a sale in the spring(March 1,1984) and that issue would result in approximately $66,450 in savings. In order for the City to save more in the spring interest rates would have to decline by nearly 1/2 of 1%. It is our opinion, after consultations with other experts, that such a drop would be unlikely. Our primary interest in recommending a November sale is the preservation of a strong cash position for the Tax Increment program and the City Improvement Funds. Yours Truly Ehlers and Associatq j William E. Fahey TO: Mayor and Council FROM: John Frane DATE: October 28, 1983 RE: Resolution 83-270, 271, 272, 273, Setting the Date for Bond Sales. It has been the custom of the City to sell bonds to replenish funds spent during the year either at what is considered to be the most _ favorable time during that year or at year end. This custom presents large deficit balances from appearing on the City's balance sheet at year end; a situation which Moody's rating service views as a negative in its review of the City. We should therefore proceed with the bond sale of the Certificates, G.O. Water and Sewer Bonds and the Special Assessment Bonus. The interest rate on the Special Assessment bonds will be less than the rate on the Special Assessments levied. Mr. Fahey of Ehlers and Associates will be present Tuesday night to speak to the question of refunding the T.I. F. Bonds. The resolutions will be in the Mayor's signature file on Tuesday night. M1iMORANDIIM 'f0: Mayor and City Council Parks, Itecreation and Natural Resources Commission THRU: Bob lambert, Director of Community Services FROM: Charles Pappas, Community Center Manager UATE: October 26, 1983 SUBJECT: Summer Hockey Schools Attached to this memo are copies of the following information: 1. A copy of the portion of Mr. l.ou Nanne's contract with Minnesota Hockey Schools relating.to the non-competition clause of the agreement. 2. A letter dated October 18, 1983, from Mr. Lou Nanne, confirming the non-competition clause and stating the Minnesota North St2rs name could not be used in any school where there may be competition with the Minnesota Hockey Schools. 3. Copies of the letters sent to Mr. Keith lianzel, Attorney at Law, for Minnesota Hockey School, and Mr. Richard Vraa, representing a new t submission of a packaged proposal hockey school. The letters reques to include the dates their respecti ve hockey schools "Quid run, the hours the schools would run, the rate they would be willing to pay per hour of ice time and any additional proposals each would request for consideration. 4. A copy of Minnesota Hockey Schools ice time, dates and price proposal. If filled, this proposal would total approximately 1S3.75 hours at $67.50 per !lour for a contract sum of $12,403.13 to be paid to the Prairie. Also, included is a copy of a letter from Mr. City of h Hmizel addressed to the Mayor, City' Council, City Manager, Parks, Rocreation and Natural Resources Commission explaining the letter dated September 28, 1983, to Charles J. Pappas and a copy of that letter requesting an extended cmrtract and rc-wording of schedule A. S. A copy of the letter from Mr. C:mahiscr stating the position of Mr. Panahiser cuid Mr. O'Coiuior concerning their positions with Minnesota Hockey Schools and the Hockey School as proposed by Mr. Vrna. G. A caIpy of the letter of introduction from Mr. Richard Vraa, Mr. Vraa's Ice time dates all', price If filled, this proposal would tolaf ahpreximatrlr _200.25 hnui•s at $67.50 por hour for a contract sum of $18,171.3R TO hc• Paid to tho City of Eden Prairie. Also, included is .e cols of '.litiwiai proposals tiled request in rof scheeratidule on which nlso iucludo mi extended contract, g _2_ Staff is of the feeling that Hockey School classes fill because of the individuals that instruct the classes. Each instructor has his own following and is known for his teaching abilities and skills. Staff feels that Mr. Vraa's coaching staff of Mr. O'Connor from Edina, Mr. Emahiser from Eden Prairie, Mr. Erickson from Minnetonka and Mr. Vraa with his reputation as a skating instructor, exemplify an expert, localized organization that would ensure the successful operation of a hockey school in laden Prairie. Staff requests the authorization to enter into a contract with Mr. Vraa for the operation of a Summer Iluckey School in 1984. CP:md r.J..uM,.wa.J.....ny......'..rwJ...r n...erw+.s..�.+�.nrLrr.�.r.../w w+r....w...rr If j at the Lime whcn scir.h payment is required shall not , for any reason, i sur plus to makc l,c increased sufficiently to provide the necessary l 1 !/ such paymcnt, then, the sharcholders of MIS shall contribute to 14115 I j cash amounts sufficient to create a surplus in an amount at !cast c,lual to the payment due. This procedure shall be used as many s as thcre is insufficicnt surplus with which to make the time�' '" •' payment. G. U_ividends and Earnings. All dividends on the 200 shares Laing redeemcd hereunder which are attributable to earnings of MIIS Iirc)-uing prior to the date of closing, shall be paid to Nanne. ; All uividends attributable to earnings accruing after the date of clobir shall be retaincd by MIiS. 7. lndcmni_t y. i,111S agrees to indemnify Nanne and hold him harmless from and against all claims, liabilities and expenses ,sno.rLed against Nanne in his capacity as a shareholder of WIS wnic ar)sc subsequent to rinsing. tl. 5ccurit As security for the olbigations of rulS pursuant t.) t.hc Promissory.Note, MiIS shall executc and deliver to Nanne a •1.•-I.1u Aclrr.ement pledging the sharps ,purchased her.ermdeu to secure :•uch payment. ��. Ilr_nef i t•. This Agrcetnent shall uc binding upon and inure. 11) Lite benefit of the parties and their respective successors and !n�0 ,:,signs. 10. IJrut-cttmi,rtit.toil. curing Che period in which 1tay,ncntz tru brim! made on the promissory Note, Nanne shall not, directly tt�,tir, ctly, t� nypl,:te Witt' MIS ill the Ilockey school bu_ut�.swin lh, o iris of Lit I!-. (612)853-9923 M1!ra Q'n(rr,U:uornrry!un. :+Sd?D LOU NANNG,Gena,af Manayrr October 18, 1983 Mr. Charles J. Pappas Manager GDEN PRIIRXE.CONNUNITY CENTER 8950 Eden Prairie Road Eden Prairie, Minnesota 55402 Dear Chuck: This letter is a confirmation.bf our earlier conversation regarding the Eden Prairie Hockey School. The Minnesota North Stars cannot authorize you to use their name, and, I cannot be involved directly, or indirectly, with any hockey school. Therefore, I ask that the Minnesota North Star name not be us:.d in a:;y school Where hz•re may b• co:apeLition with the Ffitmesota Hockey Schools, I cannot express my feelings on our personnel, players or others, who may wish to work, or not work, in any hockey school. Their tine^- is their own during the off-season, and, I have no jurisdiction over them. ,4hat:ever arrangements you matt make with our persornel is to be considered a personal arrangement between you and the specific individual. Again, I cannot and will not become involved in any way. Thank you again and the best of luck to you and the Eden Prairie Hockey school. Sincerely yours, J�Gu Nanne General Manager Min::csota North Stars L1/N/s t CC: N.r. RaIph Strangis i 8950 ceder pnririe rd,/odr•n orairic,inn 55344.2499 i 71l r7 CCTI .M1 11l°y ,37-2262 October 19, 1983 Dr.rctor PObGt A.Lambert Recreation Supervisor Sandra F Worts Park Planner S+ephen G Calhoun A. Keith Ilanzel Patk Maintenance Attorney at Law Weed Control 814 Degree Of honor Building Wes f)unsnwre St. Paul, Minnesota 55101 Forester RE: Minnesota Hockey School Request Stuart A.Fox Mr. Ilanzel: senior center In an effort to finalize plans for a Hockey School at the Eden 13TG5 Resc::rch Road Prairie Community for the susuner of 1984, the following 941-8336 inforn.:,tion is requested to be submitted in a packaged, proposal fort that shoul,l include the foll.cai!tg: HiServices Ja.,rlynn The Batas the Ilockcy Scllool will run- The hours of school operation'. (keep in mind, we do not charge you for resurfacing community center times between sessions, resurfaciny time is 15 minutes.) er hour 16700 Valley view Road The rate Minnesota Hockey Schools proposes to pay p 937-8727 for ice time. Any additional proposal. Minnesota llockey Schools would Manager request for ceusidcration. Caa0es i Pappas , Sincerely, joy HernnQ!un - .•� Athletic C001dinlor ! �t �a<�t-• 937.9P�JCh.ules J. PappJs, Manager Stu Alexander Eden Prairie Cofiununity Ce•►ltVr,. CJP:clp If-if 1 r r{ i -- l( 8950(.-don prairie rd./eclen prairie,nin 55344-2499 :omr unity 'Crvices October 19, 1903 13'7-2262 )sector Pobert A tanda'n i ,ecreMion Su P�'r visor I . Sanc!ra F Wes n park Planner S!epnon G Cavtoon Mr. Richard Vraa lPark Na�brnanco 10530 104th Ave. North Park a, t!ny i Maple Grove, MN 55369 Vies Dsr.'snore RE: Sumpter Hockey School Request Forester Sit-art A.-Fox Mr. Vraa: ` In an effort to finalize plans for a Hockey School at the Eden senior center I Prairie Coimnunity Center for the summer of 1984, thu fol.lowing 1S7C5 Research Road I information is rcclucated to bn ;submitted in a packdged, proposal 241."26 form that should include the following: .;:, t rnices The dates the Hockey School will run. Jan Flynn The loan:: of ,,:honl nlraratnn. (keep in n'?nd, wu de not charge you for resurfacing times between session:;, resurfacing time is 15 minutes.)liar hour comm : unity censer The rate your ununer '!ockey School proposes to pay 1G700 V:r:ley View Road, for ice time. �J7 8727 Any additional proposals your Summer Hockey school would request for consideration. �aanvner I . Cnr,r!es J Paopas Sincerely, Aquatics Sup,acro.f Joy Nanmgtan - r/ Atn!ebc Coordin'llur Charles J. Pappas, tanager 9J1•QH9d enter liden Pratrie CtJt:mauni.ty C Stu Nt-0,dr•r i CJP:clp X,x �95 Lo HERB BROOKS.Difeclor October 25, 1983 CHUCK GRILLO.Gen'I.b1gr. Dear Chuck I am writing to present to you the scheduled ice time Minnesota Hockey Schools requires from the Eden Prairie Community Center to run another successful hockey school at your location during the summer of 1984. We are looking forward to improving these hours once we can get together with Dick Emahiser and Bob O'Connor. Right now we-will need the following dates and times with hourly ice rates not to exceed $67.50 per hour. Hopefully we can work out a fair and just rate as we improve the hours. June 11 - 15, 1984 8:00 am - 12:45 pm June 18 - 22, 1984 8:00 am - 12:45 pm June 25 - 29, 1984 8:00 am - 12.45 pm June 09 - 13, 1984 8:00 am - 3:15 pm July 16 - 20, 1984 8:00 am - 3:15 pm July 23 - 27, 1984 8.00 am - 3:15 pm July 30 - August 03 8:00 am - 3.15 pm I hope these dates and times can be arranged. Due to circumstances beyond control, we have been unable to get together with Bob and Dick. After talking with Dick this morning, we hope to be able to sit down with you and come up with an even better school than last summer. I hope you understand the circumstances of the situation. Sincer•ly yn rs, ChLhhuck Grillo President, Minnesota Hockey Schools a39c� 1289O Dory Avenue. 9 Apple VallOY, MN 55124 •(612)423-2447 A. K1a•ru J1ANZr. T AITOIINLY AT LAW 1 �• IIJ � 814 DCOFCC OF NONOD DUILm NO SAINT PAUL,111NC1I1130TA 55101 October 18, 1983 TLLCPNONE (612) 224.3841 The (Mayor, City Council, City Manager, Parks, Recreation & Plational Rcaourccs COIInniS6iOn City Officcs 8950 Eden Prairie road Eden Prairie, �finne;ota 55344 Ro: .Minnesota hockey Schools - 1984 Sumner Ice Rental Gentlemen: In lay letter. to Charles J. Pappas dated September 28, 1983, we proposed two amendments to the standard agreement for use of Eden Prairie Community Center, which was in effect in 1983. Our first proposed amendment would give us the security of extending this agreement for ten years. The purpose of that clause is to allow our hockey school to engage in long-range planning, hiring, and advertising to develop a stable school in your community. The second proposed amendment basically returns to the language used in our 1982 contract with Eden Prairie. The 1983 contract gives the city the right to "reschedule" ice which had been scheduled, without any explanation or objective standard as to when this rescheduling may take place. since this rescheduling could, as a practical matter, terminate the renters use of ice- time hours, it is obviously objectionable to a hockey school such as ours. The proposed amendment contained in my September 28 letter would still give the Eden Prairie Com•nunity Center the discretion to cancel or reschedule for good cause, but would take away from the arena the right to arbitrarily and without reason or explanation, accomplish this rescheduling. I am sure you can understand that that type of blanket ability to reschedule would be a cause of great concern for a business such as ours. tiyc would, therefore, appreciate the opportunity to dis- cuss this problem with you at an early date, tie feel there should be no great difficulty arriving at a good faith settlement of this issue. Thank you very much for your consideration of our proposal. Yours very truly, /f %�'�!A. Keith ilanzol ✓ Attorney for :Minncsl.ta llockcy Schools AKII:ss A. AIEITII HANZEL •/l ATTORNEY AT LAW 014 DEGREE OF HONOR OUILOINO SAINT PAUL.MINNnOCA 55101 TELEPHONE (012) 224.3841 September 28, 1983 Mr. Charles J. Pappas, Manager .Eden Prairie Community Center 8950 Eden Prairie Road Eden Prairie, 1innesota 55344 Re: Minnesota Hockey Schools Dear Chuck: When we prepare a contract for 1984 we would like the following additions: After 6-I of the Agreement for use of Eden Prairie Community Center, should be added number 7 - The parties hereby agree that this Agreement shall ex- _ tend through August, 1993 subject to the hourly rental rate being mutually agreed upon by the parties each year. In the event that the city receives a bonafide offer for ice rental conflicting with the requirements of the user, the user shall have the right to match the proposal of the other potential user, for such rental times as are in conflict. Schedule A shall be amended to read: ! G of the Agreement for use of Eden Prairie Community i Center shall be implemented only in the event of mechanical failure or other unforeseen occurrence that renders the fulfillment of the Agreement by the i city impossible or impracticable. Yours very truly, A. Keith Hanzel AKH:ss DATE: Oct. 25, 1983 TO: Chuck Pappas FROM: Dick Emahiser and Bob O'Connor SUBJECT: Hockey School at Eden Prairie Comm. Center for the summer of 1984 This is to inform you that Dick Emahiser, Bob O'Connor and Dick Vraa have become partners in a new hockey school for the summer of 1984. We have submitted a proposal to Eden Prairie Comm. Center for a hockey school for the summer of 1984. It has come to our attention that Minnesota Hockey Schools has also submitted a proposal for Eden Prairie Comm. Center for the summer of 19811. Be it noted that Bob O'Connor and Dick Emahiser have been contacted by Minn. Hockey Schools to run the school. at Eden Prairie. We have taken their proposal under consideration and have decided not to take Minn. Hockey Schools offer. If Bob O'Connor or Dick Emahiser name is in anyway related to Minn. Hockey Schools in their proposal it• is a false pretense. Dick Emahiser and Bob O'Connor are in no way involved with Minn. Hockey School for the summer of 1984. Again we want to inform you that Dick Vraa, Bob O'Connor and Dick Emahiser have formed their own hockey school and have submitted a proposal to Eden Prairie for consideration. Sincerely, // a��q October 24, 1903 Mr. Charles J. Pappas, Manager Eden Prairie Community Center 16700 Valley View Rd. Eden Prairie, 11N 55344 Dear. Chuck: Included with this letter of introduction is my proposal for a summer Hockey School at the Eden Prairie Community Center for the summer of 1984 and future years. I have assembled a staff for this hockey School that is unique and un- comparable in the business of Hockey Schools, instruction, knowledge, abilities and hard work. The head coaches will consist of hlr. Richard Emahiser, Varsity Hockey Coach at Eden Prairie high School, member of the Minnesota Amateur Hockey Associ- ation's Coaches Advisory Committee, and former Co-Coordinator of Minnesota Hockey Schools in Eden Prairie, Mr. Robert O'Connor, assistant coach at Edina High School, scout for the Torcnto Maple Leafs, and former Technical Skills Director and Co-Coordinator at Eden Prairie for Minnesota Hockey Schools, Mr. John Erickson, Varsity Hockey Coach at Minnetonka High School and former instructor with the Dick Vraa. Power Skating Schools, and my self Richard Vraa, skating coach to the Minnesota North Stars, former owner and instructor of the Dick Vraa, Glen Sonmor Hockey School, and 1980 skating coach to the U.S. Olympic Hockey Team, 25 years teaching experience. I am of the firm belief that students of hockey and skating techniques seek out individuals that can best fill their needs with instruction. Our staff possesses those instructional abilities along with tremendous student follow- ing that will ensure the total success of our school for many years to come for your community. I appreciate the opportunity to propose our program to the City of Eden Prairie and look forward to the opportunity of operating a localized, home based school for Eden Prairie and the other southwestern suburban communities. Sincerely, ?3 cha d Vraa enclosures SUMMKR HOCKEY SCHOOL PROPOSAL As per the City of Eden Prairie's request for a packaged, proposal for a Summer Hockey School, dated October 24, 1983, we propose the following: The dates the Hockey School will run and the hours of school operation: Week #1 June 11-15, 1984 5 days Power Skating 3 sessions per day 40 students/session (8:00-9:15) (9-.30-10:30, 10:45-11:00) (11:15-12:15, 12:30-1:15) 4.75 hrs/day 23.75 hrs/week week #2 June 18-22, 1984 5 days Power Skating 3 sessions per day 40 students/session (8:00-9:15) (9.30-10:30, 10:45-11:00) (11:15-12:15, 12:30-1:15) 4.75 hrs/day 23.75 hrs/week Week #3 June 25-29, 1984 5 days Power Skating 3 sessions per day 40 students/session (8:00-9115) (9:30-10:30, 10:45--11:00) (11:15-12:15, 12:30-1:15) 4.75 hrs/day 23.75 hrs/week Week #4 July 2,3,5 & 6, 1984 4 days Power Shoot & Goalie 3 sessions per day 28 students/session (8:00-9:30) (9:45-11:15) (11:30-1:00) 4.5 hrs/day 18 hrs/week Weeks #5 & 6 July 9-13, 16-20, 1984 10 days Hockey School 3 sessions per day 36 students/session (8:Oo-9:00, 9:15-10:15) (10:30-11.30, 11:45-12:45) (1-00-2:00, 2:15-3:15) 6 hrs/day 60 hrs/2 weeks Weeks #7 & 8 July 23-27,30-Aug. 3, 1984 10 days Hockey School 3 sessions per day 36 students/session (8:oo-9:00, 9:15-10:15) (10:30-11:30, 11:45-12:45) (1:00-2:00, 2:15-3:15) 6 hrs/day 60 hrs/2 weeks Weeks 9 & 10 Aug. 6-10, 13-17, 1984 10 days Hockey School 3 sessions per day 36 students/session (8:00-9:00, 9:15-10.15) (10:30-11:30, 11:45-12:45) (1:00-2:00, 2:15-3:15) 6 hrs/day 60 hrs/2 weeks ayo► HOMEY SCHOOL TOTALS Maximum sessions 21 Maximum fours 269.25 Maximum days 49 Maximum weeks 10 Maxir'um students 768 Total Contract if filled $18,774.38 (269.25 hrs.x $67.50 an hr.) The rates our Hockey School proposes to pay per hour of ice time would be: i 1009 - 81% capacity per session = $67.50 per hour charge 80% - 46% capacity per session = $62.50 per hour charge 7 "Approximately 45% capacity per session = cancel class, no hourly charge + The determination to cancel a class will only be made if all possible efforts have been made to place the students in other classes. The additional proposals our Hockey School would request for consideration are as follow: In an effort to attract the greatest number of participants, to ensure an 81% to 100% capacity of each session that would allow payment of $67.50 per hour of ice time, and to introduce the many fine facilities of the Eden Prairie ComTunity Center to our participants, we request that the City of Eden -Prairie provide the following: 3 open skate passes and 3 open swim passes to each paid student to be dated and used only during the dates that student participates in the hockey school. Exclusive use, during specified times, of the fitness center for weight training instruction.on Fridays so as not to conflict with any possible fitness classes. The use of 1 racquetball court for the specialized dry land training of goalies on any day except Tuesday in order to not conflict with non-prime racquetball league play. The use of meeting rooms A & B for the purpose of lectures, films, dry land exercise and training, on a daily basis, throughout the school sessions. Blanket liability coverage for all students enrolled in the Hockey School while they are on City Premises. This blanket liability will exclude any of our Hockey School agents, employees and contractors. An optional medical coverage program, to be paid by each student, if desired, to cover any accident or injury and thereby help reduce the liability of the City of Eden Prairie. lie would also request consideration for an extended contract through August, 1993 with the rental rate being the going rate and reduced by percentages of capacity per session as we have proposed for 1984. In the event that the city receives a bouafide offer for ice rental conflicting with the require- ments of the us or, the user shall have the right to match the proposal or naive the percentage de w'eases, whichever would be of greater or equal benefit to the City of Eden Prairie, for such rental time; as are in conflict. l IiL would a1:;o request that schedule A of your facility rental agroament be amou,lad to read: C of tha Agreement fur u:;c of Eden Prairie Comnunity Center shall be im1)lc11,nted only in the event of mechanical failure or other unforseen occurrence that renders tlw lullillment of the Agreement by the city impassible or impractible.