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City Council - 02/20/2007
AGENDA JOINT CITY COUNCIL/FLYING CLOUD AIRPORT ADVISORY COMMISSION WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,FEBRUARY 20, 2007 CITY CENTER 5:00—6:25 PM, HERITAGE ROOM II 6:30—7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson FLYING CLOUD AIRPORT ADVISORY COMMISSION: Chair Richard King; Vice Chair Jeffrey Larsen; Commissioners Greg McKewen, Mark Michelson, Kurt Schendel, Bradley Stratton, and Joe Harris CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Communications Manager Joyce Lorenz, Senior Planner Scott Kipp, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters Heritage Room II I. JOINT MEETING WITH FLYING CLOUD AIRPORT ADVISORY COMMISSION Council Chamber II. OPEN FORUM III. OPEN PODIUM IV. ADJOURNMENT AGENDA EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 20, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Jan Curielli I. ROLL CALL/CALL THE MEETING TO ORDER II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. PROCLAMATION CELEBRATING CHINESE NEW YEAR V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY, FEBRUARY 6, 2007 B. CITY COUNCIL MEETING HELD TUESDAY, FEBRUARY 6, 2007 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. STARING PRESERVE by Aileron Development. Approval of the Development Agreement. Location: 9181 Staring Lane East C. APPROVE PURCHASE OF REPLACEMENT VEHICLES AND EQUIPMENT FOR 2007 D. APPROVE REQUEST BY BRYANT LAKE SKI TEAM FOR SUBMERSIBLE SLALOM SKI COURSE FOR A YEAR-TO-YEAR PERMIT E. APPROVE CORRECTED ELIZABETH FRIES ELLET INTERPRETIVE TRAIL SIGNAGE PROGRAM F. APPROVE THE USE OF UP TO $75,000 IN CDBG FUNDS TO REHABILITATE THE EDENDALE RESIDENCE CITY COUNCIL AGENDA February 20, 2007 Page 2 VIII. PUBLIC HEARINGS/MEETINGS A. 2007 CDBG FUNDING RECOMMENDATIONS (RESOLUTION) B. BLUFF COUNTRY VILLAGE Request for: Planned Unit Development Concept Review on 5.8 acres, Planned Unit Development District Review on 5.8 acres, Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.7 acres, Site Plan Review on 2.7 acres and Preliminary Plat of 5.8 acres into two lots and one outlot. Location: Hennepin Town Road& Pioneer Trail. (Resolution for PUD Concept Review; Ordinance for PUD District Review and Zoning District Amendment; Resolution for Preliminary Plat) IX. PAYMENT OF CLAIMS X. ORDINANCES AND RESOLUTIONS A. FIRST READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.23 BY ESTABLISHING A BUDGET ADVISORY COMMISSION B. BENT CREEK GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) C. OLYMPIC HILLS GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance for Zoning District Change) D. BEARPATH GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) E. GLEN LAKE GOLF COURSE REZONING FIRST READING Request for: Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) F. SECOND READING OF AN ORDINANCE AMENDING CITY CODE SECTION 2.23 BY ESTABLISHING A BUDGET ADVISORY COMMISSION G. BENT CREEK GOLF COURSE REZONING SECOND READING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) H. OLYMPIC HILLS GOLF COURSE REZONING SECOND READING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: CITY COUNCIL AGENDA February 20, 2007 Page 3 Olympic Hills Golf Course. (Ordinance for Zoning District Change) I. BEARPATH GOLF COURSE REZONING SECOND READING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) J. GLEN LAKE GOLF COURSE REZONING SECOND READING Second Reading of the Ordinance for Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS B. REPORT OF CITY MANAGER 1. Flying Cloud Airport Sanitary Sewer & Water Project 2. Public Notice Requirements and Practices C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR 1. Major Center Area Implementation Update D. REPORT OF PARKS AND RECREATION DIRECTOR E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT ITEM NO.: W.A. *Ci ► 0 • I PROCLAMATION City of Eden Prairie Hennepin County, Minnesota WHEREAS, Chinese calendar has been in continuous use for centuries predating the current International Calendar which is based on the Gregorian Calendar; and WHEREAS, February 18, 2007, is the first day of the Chinese New Year; and WHEREAS, the new Chinese Year will be known as the Year of the Pig; and WHEREAS, the City Council desires to express its good feelings and wishes to our friends in the City of Loudi on the occasion of the start of the New Year. NOW, THEREFORE, BE IT PROCLAIMED THAT: The Mayor and City Council of the City of Eden Prairie, Minnesota extend their best wishes for a happy and prosperous New Year to the government officials and people of Loudi. ADOPTED by the Eden Prairie City Council on this 20th day of February 2007. IN WITNESS WHEREOF, I have affixed the seal of the City of Eden Prairie. Phil Young, Mayor on behalf of Council Members: Brad Aho Sherry Butcher Kathy Nelson Jon Duckstad L.� J ITEM NO.: VI.A. UNAPPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN FORUM/OPEN PODIUM TUESDAY,FEBRUARY 6, 2007 CITY CENTER 5:00 —6:25 PM, HERITAGE ROOM II 6:30 —7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Police Chief Rob Reynolds, Fire Chief George Esbensen, Public Works Director Eugene Dietz, Parks and Recreation Director Bob Lambert, Community Development Director Janet Jeremiah, Inspections Manager Kevin Schmieg, John Gertz, Communications Manager Joyce Lorenz, Assistant to the City Manager Michael Barone, City Attorney Ric Rosow, and Recorder Lorene McWaters GUESTS: Georgann Rumsey, President and CEO of Friendship Ventures; Ed Stracke, Friendship Foundation/Friendship Ventures; Britta Bloomberg, Department Head and Deputy State Historic Preservation Officer, Minnesota Historical Society; Mark Buechel, Historical Architect, Minnesota Historical Society Heritage Room II I. CAMP EDEN WOOD A. Description of Camp Eden Wood City Attorney Ric Rosow provided an overview of the history of Camp Eden Wood and the City's relationship with Friendship Ventures. Rosow also reviewed the covenants Hennepin County placed on the property when it was conveyed to the City of Eden Prairie. B. Friendship Ventures Georgann Rumsey reviewed Friendship Ventures' operations and the services they offer at Camp Eden Wood. Rumsey said one of Friendship Ventures missions is to provide respite for families of children with disabilities. Camp Eden Wood is conveniently located for many County residents, and it serves as a leadership training program for youths interested in careers working with people with disabilities. Rumsey said the current renovation project at Camp Eden Wood was undertaken so that Friendship Ventures can meet the ever increasing demands for greater capacity. Ed Stracke spoke about the challenges the historic designation of the site has placed on renovation work. He said mistakes have been made and miscommunications occurred; however, Friendship Ventures has secured an experienced project manager, who lives in Eden Prairie, to oversee the current project. C. National Historic Register Status Britta Bloomberg explained how sites are added to the National Register of Historic Places and what the designation entails. Camp Eden Wood was added to the list in August 1999 as the result of an application submitted by the Eden Prairie Heritage Preservation Commission. Bloomberg said many of the restrictions that apply to Camp Eden Wood are the result of the state grants and associated letters of agreement signed by both Friendship Ventures and the City of Eden Prairie in 1999 and 2005. Bloomberg said properties are most commonly delisted as the result of damage from fires or storms which irreparably altered the historic integrity of the sites. Bloomberg said three sites have been delisted as a result of inappropriate remodeling. She does not know of any property removal being initiated by petition. Mark Buechel explained how the concepts of historic integrity and historic identity are applied to adaptive reuse projects. He said the adaptive reuse standards that apply to Camp Eden Wood are relatively lenient and "interpretable." Buechel said items of concern with Friendship Ventures original scope of work were addressed and consensus had been reached; however, additional work, which was not submitted for approval to the City or SHPO, was done. The current state grant for $70,000 is still in process and the funds will be reimbursed once work is completed. Mayor Young asked if the City could get out of the agreement by repaying the grant funds. Bloomberg said that in the case of Camp Eden Wood, a 20-year letter of agreement is in place, and the letter of agreement would have to be renegotiated. Buechel said there are alternatives that can be explored to address the problems with the renovation work at Camp Eden Wood. D. Current Status of the Site Kevin Schmieg said the City Building Official's job is to ensure safety, accessibility and health of all construction in the City. Schmieg said building codes are enforced at Camp Eden Wood the same way they are enforced on all projects. Schmieg said a stop-work order was issued at Camp Eden Wood on September 19, 2006, because no building permit had been issued. Schmieg said a site visit revealed that the construction that had already occurred was not done according to approved plans. In order to have the stop-work order lifted, Friendship Ventures must submit plans that reflect how the work will be constructed. Friendship Ventures must also obtain approval of the plans by the landlord(the City of Eden Prairie) and regulating agencies. Schmieg said he believes most, if not all, of the issues with the site can be resolved, but that the foundation will probably present the greatest challenge. Schmieg said he has confidence in the ability of the current project manager to oversee the project. City Manager Scott Neal said staff's position is to enforce the policies established by the City Council and to follow the law. In order to depart from agreements, staff would need direction from the Council. Neal said discussion of options for Camp Eden Wood could be continued during the regular Council Meeting, and Council would have the opportunity to direct staff on how to proceed. Council Chamber II. OPEN FORUM The following individuals spoke about their personal experiences with Camp Eden Wood and encouraged Council to find a way to make the renovation project workable. Joann Rathbun—Eden Prairie resident Mary Beth Schlieff—Eden Prairie resident Brent Rickenbach—Eden Prairie resident Bob Martinka—Eden Prairie resident Doris Westlund—Richfield resident Richard Van Sickle—Minnetonka resident Dr. Leonard Schultz—Eden Prairie business owner Eden Prairie resident and president of the Eden Prairie Historical Society Jan Mosman said she and the Historical Society are supportive of Camp Eden Wood and the encouraged Council to help find solutions so that Camp Eden Wood can operate again. Rolf Anderson said he prepared the application for Camp Eden Wood to be added to the National Register of Historical Sites 10 years ago. III. OPEN PODIUM IV. ADJOURNMENT ITEM NO.: IV.B. UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, FEBRUARY 6, 2007 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Phil Young, Councilmembers Brad Aho, Sherry Butcher, Jon Duckstad, and Kathy Nelson CITY STAFF: City Manager Scott Neal, Parks &Recreation Director Bob Lambert, Public Works Director Eugene Dietz, City Planner Michael Franzen, Community Development Director Janet Jeremiah, City Attorney Ric Rosow and Council Recorder Deb Sweeney I. ROLL CALL/CALL THE MEETING TO ORDER Young called the meeting to order at 7:05 p.m. II. PLEDGE OF ALLEGIANCE III. COUNCIL FORUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. MEALS ON WHEELS PROCLAMATION Lisa Toome and Jo Nealan of Meals on Wheels thanked the 250 volunteer drivers, many on the city staff. Meals on Wheels helps vulnerable seniors stay independent and have daily contact with caring volunteers. Young read the proclamation. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS MOTION: Butcher moved, seconded by Aho, to approve the agenda as published. Motion carried 5-0. VI. MINUTES A. COUNCIL WORKSHOP HELD ON TUESDAY,JANUARY 16, 2007 MOTION: Nelson moved, seconded by Aho, to approve the Council Workshop minutes as published. Motion carried 5-0. B. CITY COUNCIL MEETING HELD TUESDAY,JANUARY 16, 2007 MOTION: Aho moved, seconded by Nelson, to approve the City Council minutes as published. Motion carried 5-0. City Council Minutes February 6, 2007 Page 2 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. APPROVE SECOND READING OF ORDINANCE NO. 3-2007 AMENDING CITY CODE CHAPTER 9, SECTION 9.04, RELATING TO RULES AND REGULATIONS GOVERNING PARKS AND ADOPT RESOLUTION NO. 2007-24 APPROVING SUMMARY ORDINANCE FOR PUBLICATION C. ADOPT RESOLUTION NO. 2007-25 AUTHORIZING ACQUISITION OF EASEMENTS FOR VALLEY VIEW ROAD TRAIL IMPROVEMENTS, I.C. 02-5586 D. RESCIND SPECIAL ASSESSMENTS FOR TRUNK SEWER/WATER AND CONNECTION FEES LEVIED AGAINST LOTS 12 & 13, BLOCK 1, THE COVE,AND AUTHORIZE REIMBURSEMENT TO THE VERIFIED "PAYOR" OF THE ASSESSMENT E. ADOPT RESOLUTION NO. 2007-26 AUTHORIZING CITY ENGINEER AND CITY ATTORNEY TO PURSUE ACQUISITION OF EASEMENTS FOR CONSTRUCTION OF EDEN PRAIRIE ROAD TRAIL IMPROVEMENTS, I.C. 06-5682 F. ADOPT THE 2007 CITY COUNCIL OUT-OF-STATE TRAVEL PLAN G. AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS FOR SHULDIESS ESTATE H. APPROVE 2007 TOWING SERVICES AGREEMENT WITH MATT'S AUTO SERVICE I. APPROVE AGREEMENT FOR COST PARTICIPATION FOR CONSTRUCTION OF THE TRAIL ALONG COUNTY ROAD 4 MOTION: Butcher moved, seconded by Aho, to approve Items A-I on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS/MEETINGS A. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER ALL PLATTED LOTS AND BLOCKS IN THE RIDGE AT RILEY CREEK, VACATION 06-06 (Resolution No. 2007-27) Neal said official notice of this public hearing was published in the January 18, 2007,Eden Prairie Sun Current and sent to 56 property owners. The Property City Council Minutes February 6, 2007 Page 3 Owner and Developer has requested the vacation of the original drainage and utility easements on the above listed Lots as they have been replaced by new drainage and utility easements. The new drainage and utility easements allow for larger useable rear yard areas while maintaining the same Lot and Block designation as the original plat. The vacation will not result in conflicts with installed utilities. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; and adopt Resolution No. 2007-27 vacating the drainage and utility easement over all of Lots 1 through 17 inclusive, Block 1; Lots 1 through 11 inclusive, Block 2; Lots 1 through 6 inclusive, Block 3; Lots 1 through 5 inclusive, Block 4, The Ridge at Riley Creek. Motion carried 5-0. B. BENT CREEK GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current and sent to 863 property owners. This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1st and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural. The proposed zoning change is to GC—Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. Bruce Malkerson, attorney for Bent Creek majority owner Sam Hertogs, read a copy of a memo outlining his client's position. The Mendota Golf LLP vs. City of Mendota Heights case, which also featured inconsistencies between the guiding and zoning, was resolved through a negotiated settlement allowing development, granting an easement over 5.5 acres of open space, and authorizing a referendum for the City to purchase the property for$2.6 million and continue to operate it as a golf course. Another relevant case is the Wensmann Realty, Inc vs. City of Eagan case, which will come before the Supreme Court March 7th. Malkerson asked the City to authorize a referendum for City purchase of Bent Creek at a price that reflects its potential as a developable property, to table the rezoning until after the Wensmann decision, to acquire a written legal opinion prior to the rezoning, and to modify the guide plan to allow property development. Full text of Malkerson's memo and comments is in the record. Neal explained he and the Mayor had conferred with Staff and other Council members to recommend a revised motion. Rosow said Staff's recommendation is that if the Council wishes to proceed on this item, they should take public comment tonight and close the public hearing, with the stipulation that additional written testimony would be accepted by the City Manager's office until noon on City Council Minutes February 6, 2007 Page 4 Friday, February 9th, 2007. The first and second readings should be tabled until the next Council meeting on February 20th, 2007 in order to allow Staff, including the City Attorney, to prepare written findings in support of the ordinance. By directing Staff to prepare these findings prior to passing the ordinance, the City will have clearly articulated the reasons for the guiding and zoning and be in a better legal position. Rosow said he would read into the record an overview and explanation of the supporting documentation after the public had a chance to speak. Starr Bourque, of 14267 Wedgeway Court, said she lives on the course. She expressed concerns about flooding if the golf course is developed and regarded. The area was engineered to have the golf course in the middle of it and rainfall currently drains into ponds on the golf course. The property owners own a golf course and the action does not devalue the property. The developer got to put in townhomes in exchange for the golf course open space. All 836 neighbors will back the Council in maintaining the area as a golf course. Steve Chelesnik, of 7269 Howard Lane, said Edenvale was a highly negotiated development, and the golf course was a key factor in negotiations approving the PUD. He disputed Malkerson's assertion that it was not a true PUD or that the restrictions on development do not have a rational basis. The restrictions on the course were the result of a hard bargain, and the course was subsequently used again by the owners to gain concessions. Chelesnik also disputed the argument that the zoning represents an unconstitutional taking. The key to that argument is the current golf course is insolvent and worthless. Chelesnik shared statistics attesting to the popularity of golf and suggested the owner had not attempted to run the business at a profit. For example, the elimination of initiation fees (a major income-producer for any golf club) and reductions in restaurant hours limited income. The owner refused to provide financials to any buyers interested in operating the property as a golf course, in effect discouraging these offers. Regarding the Mendota Heights and Wensmann cases, Chelesnik said neither case had the PUD and level of documentation the City has for Bent Creek. Tom Murray, of 9160 Flyway Circle, said he is not a course member and does not live nearby. However, he supported the City as a taxpayer, even if the matter goes to litigation. A precedent could be set for others to try to take advantage of situations. Malkerson expressed concern that he would have inadequate time to respond to Rosow's list of items if the deadline for testimony was Friday. If there are new documents, there would be insufficient time to review them. He asked that a copy of the items be provided by the end of the day Wednesday and that the comment period be kept open for at least two weeks. Rosow said Malkerson already had all the documents he would present on disk, and that an additional copy of the disk could be provided. Malkerson said he still requested an extension as documents might be added by others. City Council Minutes February 6, 2007 Page 5 Martha Chambers, of 14386 Fairway Drive, said the ordinance is sensible and preserves open space. She said she both lives on the golf course and works in a building fronting it, and appreciates the wildlife. Eden Prairie is already 92% developed and green space is needed for air quality and the quality of life for all residents. Jim York, of 13252 Kerry Lane, said he was a longtime member of Bent Creek. The club has been poorly run and managed in recent years, and members have received numerous offers to join elsewhere. Some have, and others have taken leaves of absence. Though talented staff have left or been fired and the course is poorly run, it remains an excellent course especially given its small size. Ron Kumer, of 7221 Howard Lane, said he lives on the golf course and is a member. He noted he had owned recreation and event planning businesses in the past, so was interested in purchasing the course together with other member investors and operating its as a golf course. The owner refused to provide financials or even discuss the possibility. The 300 remaining members are frustrated at their inability to improve what they have and to be proud of it. Lisa Rolf, of 6923 Canterbury Lane, said she lives across the street from the course, and that the proximity to open space was a factor in their purchase decision, as they are bird watchers. She read a letter from her teenage daughter on the beauty of the birds and wildlife in the area. Roth said Mayor Redpath and the Council as the time of the Edenvale development worked hard to help Eden Prairie transition from rural to suburban. There was a clear attempt not to repeat mistakes made in the Preserve development. The Council demanded a written commitment to 25% open space within the development, and this represents a promise to the families that live in the thousand-acre development. No additional parkland can be added if the course is developed. Scott Thompson, of 6860 Canterbury Lane, said he lives on the course and fully supports the rezoning. It is right for the neighbors and for the City as a whole. Steve Geske, of 6800 Canterbury Lane said he had lived in the Edenvale development for 32 years, having bought the property from his grandparents. The open space was what attracted him vs. buying in an area with block after block of houses. If the owner is unable to run his business at a profit, that is not the City's fault. The area has to be reguided or rezoned somehow, and it should be done in a way that benefits the City. Rosow said many documents had been provided to the owner's attorneys on CD- ROM, compromising the City's entire records with respect to the development of the Edenvale PUD in the 1970s, 1980s and 1990s. Rosow presented an unwritable copy of the CD to the City Manager for the record, as well as a comprehensive index of the contents, which he also offered to Malkerson. Rosow read into the record the following selected items from the CD as particularly noteworthy: City Council Minutes February 6, 2007 Page 6 • Supplemental Information for Edenvale PUD Application 70-4 • Edenvale PUD Concept Stage Application 2nd'revised August 1, 1970, Second Supplement August 25, 1970 • Supplemental Information for Edenvale PUD Application 70-4 • Feasibility Report for City of Eden Prairie I.C. 51-272 Valley View Road Dated February 1985 • 1973 Special Assessment Hearing Minutes, October 3, 1973 City Council • City Council Minutes, June 17 1986 • March 20, 1985 letter from Samuel Hertogs to Eugene Dietz • Village of Eden Prairie Engineering Report on Final Plat Edenvale 6th Addition, August 8, 1973 • Edenvale Promotional material "Edenvale a Home for all Seasons." • Edenvale facts and brief • Land Use Plan, July 1970 • Edenvale Land Use Plan 5-782 • Comprehensive Guide Plan approved by the Village Council 5-68 • Eden Prairie Guide Plan Update Preliminary August 1977, Land Use Plan revised February 1978 and May 1978 • City of Eden Prairie Land Use Guide Plan map 2001-2020 with Edenvale PUD boundaries • Community Development Program for the Village of Eden Prairie, MN Part II Plan Elements Prepared by Brauer and Assoc, Inc. 1968 • Development Map 1969, Boundaries of Bent Creek Golf Course • Edenvale PUD Boundaries Development Maps 1970 through and including 1995 • Edenvale Land Use Map • Section 11 City of Eden Prairie Ordinance 135 • Edenvale Boundaries and Zoning Districts Map • Edenvale Boundaries and Flood Plain Delineation Map • Edenvale Boundaries and Wetland Delineation Map • Edenvale PUD—Ownership Status of Common Grounds/Association Property and Associated Map • April 29, 1977 Cash Park Fee Report • Resolution 78-22 Establishing Policy for Cash Park Fees • Village of Eden Prairie Resolution 459 and Amendment to Edenvale PUD, PUD-70-4 • Resolution No. 362 Village of Eden Prairie approving PUD Development Plan for Edenvale PUD 70-4 • City of Eden Prairie Engineering Report on Final Plat called Vista Addition, April 27, 1978 • Planning Report, July 5, 1972, Edenvale Concept Plan— 1972 Revision • Planning Review Report,Village of Eden Prairie, July 9, 1970, Edenvale PUD-70-4 • Draft Environmental Impact Statement, Edenvale 11th Addition,No. 3188, Edenvale PUD, Eden Prairie, MN dated October 31, 1975 • Edenvale Fact Sheet, January 1, 1972 City Council Minutes February 6, 2007 Page 7 • Brauer and Assoc Memorandum to City Manager,November 9, 1977 • Memorandum dated September 30, 1977 to Mayor and City Council from Marty Jensen • Memorandum dated September 15, 1977 to Park, Recreation and Natural Resource Commission from Marty Jensen • Shades of Eden, the Edenvale Community Newspaper Issue 1-Early Spring 75 • Visitor's Guide to Edenvale • August 5, 1974 letter to Mrs. Judy Strommen • December 30, 1973 letter to Robert Heinrich from Donald Peterson • September 6, 1973 letter from Eden Land Corporation to Mayor and City Council • August 27, 1973 letter from Eden Land Corp to Mayor and City Council • January 4, 1973 from Eden Land Corp to Village Manager • January 3, 1973 letter from Eden Land Corp to Jerry Kingrey • Minneapolis Star Tribune article, August 13, 1972 • August 10, 1972 article in the Sun Newspaper • August 3, 1972 article in the Sun Newspaper • Land Use Plan July 1979 All the above items are part of the City's files. Rosow also read a list of additional pertinent documents, including: • November 10, 2006 letter from Shenehon Company to Bruce Malkerson, Re: Summary of market values of Bent Creek Golf Club in Eden Prairie, MN • November 10, 2006 letter of Shenehon Company to Bruce Malkerson, Re: Market value of Bent Creek Golf Course in Eden Prairie, MN based on hypothetical assumption that the property continues as a going concern golf club • November 10, 2006 letter of Shenehon Company to Bruce Malkerson, Re: Market value of Bent Creek Golf Club in Eden Prairie, MN based on hypothetical assumption that land is vacant and available for development to its highest and best use under rural zoning district • November 10, 2006, letter of Shenehon Company to Bruce Malkerson, Re: Market value of Bent Creek Golf Club in Eden Prairie, MN based on hypothetical assumption that single family residential development to a density of three units per acre would be permitted. • November 21, 2006 letter from Richard F. Rosow to Bruce Malkerson, Re: Golf View Investment Co.No. 2 financial records • Wensmann Realty, Inc, et al. v. City of Eagan, Court File No. A05-1074, May 23, 2006, Review Granted August 15, 2006 • Mendota Golf, LLP v. City of Mendota Heights, 708 N.W.2d 162 All documents and maps have been provided to Malkerson. City Council Minutes February 6, 2007 Page 8 Neal recommended if the Council wishes to proceed on the ordinance, it should direct staff to prepare findings in support of adopting the rezoning for presentation at its February 20, 2007 meeting. Council should move to close the public hearing but allow written testimony until February 9, 2007, or possibly February 16 as an alternative. Rosow said material must be received by the 9th in order for it to be reviewed and findings prepared and included in the packet. Victoria Ralb, of 6890 Canterbury Lane, asked why the Council was delaying a vote on the ordinance and what would be gained by delay. Rosow said since there is a threat of litigation, it would be best to have written findings giving a full explanation of the rationale for the decision in the record. Extending the deadline for testimony is appropriate as part of due process. Young asked Staff's opinion on Malkerson's request that the matter be tabled until after the Wensmann decision. Neal said the City has provided sufficient due process and recommended sticking with the current timeline. Duckstad opposed postponing the matter further and said the ordinance should be voted on after the findings are prepared. MOTION: Nelson moved, seconded by Butcher, to close the Public Hearing with written testimony to be accepted by the City's Manager's office until noon on February 9, 2007, table 1st reading of the Ordinance for Zoning District Change, and direct Staff to prepare written findings in support of the adoption of the Ordinance. Motion carried 5-0. C. OLYMPIC HILLS GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance for Zoning District Change). Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current and sent to 790 property owners. This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1st and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural, RM-6.5, and R1-13.5 .The proposed zoning change is to GC—Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. Rosow recommended all the golf course re- zonings be voted at the February 20th meeting. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing with written testimony to be accepted by the City's Manager's office until noon on February 9, 2007, table 1st reading of the Ordinance for Zoning District Change, City Council Minutes February 6, 2007 Page 9 and direct Staff to prepare written findings in support of the adoption of the Ordinance. Motion carried 5-0. D. BEARPATH GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current and sent to 796 property owners. This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1st and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural. The proposed zoning change is to GC—Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing with written testimony to be accepted by the City's Manager's office until noon on February 9, 2007, table 1st reading of the Ordinance for Zoning District Change, and direct Staff to prepare written findings in support of the adoption of the Ordinance. Motion carried 5-0. E. GLEN LAKE GOLF COURSE REZONING Request for: Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current and sent to 76 property owners. This is a continued item from the January 16, 2007 meeting. At that meeting the City Council gave 1st and 2nd reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Public .The proposed zoning change is to GC—Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. MOTION: Duckstad moved, seconded by Nelson, to close the Public Hearing with written testimony to be accepted by the City's Manager's office until noon on February 9, 2007, table 1st reading of the Ordinance for Zoning District Change, and direct Staff to prepare written findings in support of the adoption of the Ordinance. Motion carried 5-0. F. WHISPERING RIDGE Request for: Zoning District Change from R1-22 to R1- 13.5 on 3.78 acres, Preliminary Plat of 3.78 acres into nine lots and road right-of- City Council Minutes February 6, 2007 Page 10 way. Location: 16440, 16480, 16500 Hilltop Road. (Ordinance for Zoning District Change; Resolution No. 2007-28 for Preliminary Plat) Neal said official notice of this public hearing was published in the January 25, 3007 Eden Prairie Sun Current and sent to 98 property owners. This is a nine lot single family development. The density of the project is 2.38 units per acre and meets all requirements of the R1-13.5 zoning district. The proposed plan shows Hilltop Road realigned and terminating as a cul-de-sac within the site. The excess road surface west of the realigned street will be removed and restored in turf. Two properties on the south side of Hilltop Road will require driveway realignments. The developer and staff met with the two property owners whose driveways would be affected by the plan and how the driveways would be realigned. Flying Cloud Airport is located approximately one-half mile to the east of the property. Because of the existing and projected number of aircraft over-flights to occur in this area from the Flying Cloud Airport,the developer will need to provide a disclosure statement to all first homeowners in the development advising of the proposed airport expansion and associated over-flights. In addition, each home will need to be designed and constructed to provide for an interior noise reduction to 45 dBA based on the Metropolitan Council's Builder Guide. The Planning Commission voted 4-1, with one abstention to recommend approval of the project at the January 8, 2007 meeting. Nathan Jones,project manager, said he was approached about the project after the extension of sewer and water to the area. A 2002 home will remain, two will be removed, and 6 homes added. The density is transitional between the densities on either side. The current"hammerhead"road will be replaced with a cul de sac providing better traffic safety and additional green space. Plans call for construction in late spring or early summer with pricing in the $600,000 range. Nicole Armstrong, of 9221 Shetland Road, said the hammerhead had impacted her property significantly and supported the cul de sac and realignment of the road. Butcher asked for Staff comment on the resident's request. Dietz confirmed the plan calls for elimination of that section of road. Young asked the reason for the Planning Commission's nay vote and abstention. Jeremiah said there was some concern about increased density in the area. There is however variety in the area—the density on one side is identical, and on the other it is lower. The zoning change is in conformance with the guide plan and no variances are required. Staff recommends approval. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing; approve 1st Reading of the Ordinance for Zoning District Change from R1-22 to R1-13.5 on 3.78 acres; adopt Resolution No. 2007-28 for Preliminary Plat on 3.78 acres into nine lots and road right-of-way; and direct Staff to prepare a City Council Minutes February 6, 2007 Page 11 Development Agreement incorporating Staff and Board recommendations and Council conditions. Motion carried 5-0. G. BIRCH ISLAND PARK Request for: Site Plan Review on 28.3 acres. Location: 6225 Eden Prairie Road. (Resolution No. 2007-29 for Site Plan Review) Butcher exited the meeting at 8:45. Neal said the next five items are site plan reviews for five City parks. The site plan for Birch Island Park shows the park entry in a new location, a new paved driveway, and parking lot for 15 parking spaces. An eight foot wide bituminous path is proposed to link the park with the existing trail along the south side of County Road 62. Currently the park is minimally developed and has a gravel surface parking lot for 10 vehicles. Nature trails and an informal picnic area are the only park amenity improvements. City staff invited residents that live in the vicinity of Birch Island Park to a Park Planning Meeting at City Hall on June 12, 2006. Notice was mailed out to 310 residents and approximately 40 people attended the meeting. Input from these residents was used to determine what improvements should be made to this park. The amenities that were desired by the neighbors included a paved parking lot, a better driveway location/access point, a children's play area with picnic shelter and a trail(s) connection. Based on the feedback the Staff received from the neighbors a park concept plan was developed and presented to the Parks, Recreation and Natural Resources Commission at their August 7, 2006 meeting. Several residents attended the meeting and the concept plan was approved on a 7- 0 vote by the Commission. The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007, meeting. MOTION: Duckstad moved, seconded by Aho, to close the Public Hearing; and adopt Resolution No. 2007-29 for Site Plan Review on 28.3 acres. Motion carried 4-0. H. COMMUNITY CENTER& ROUND LAKE PARK Request for: Site Plan Review on 103 acres. (Resolution No. 2007-30 for Site Plan Review) Location: 16700 Valley View Road. Butcher returned to the meeting at 8:48 p.m. Neal said the Community Center Addition consists of the internal redesign, reconstruction and a new building addition onto the east side of the current facility. A third ice rink is being shown on the plan as a bid alternate. The Round Lake Baseball Field/Community Center Parking project includes site grading, storm water utility work and storm water ponds,bituminous parking lot with curb, sidewalks and trails, a new fenced baseball field with drain tile and irrigation, ball field amenities including dugouts and bleachers, and landscaping. City Council Minutes February 6, 2007 Page 12 This joint building, parking lot and ball field redesign project has received design input and feedback from the Parks and Natural Resources Commission, Community Center members and users, City Staff, School District Staff and several youth athletic association representatives. The preliminary design information and cost estimates were approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the baseball field,parking lot and Community Center addition. The concept plan for approved by the Parks, Recreation and Natural Resources Commission at their June 5, 2006 meeting on a 9-0 vote. The preliminary construction plans for the re-designed baseball field, parking lot and Community Center Building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. A Variance to permit a 0 foot rear yard setback for the Community Center addition was approved. MOTION: Aho moved, seconded by Butcher, to close the Public Hearing and adopt Resolution No. 2007-30 for Site Plan Review on 103 acres. Motion carried 5-0. I. EDENVALE PARK Request for: Site Plan Review on 9 acres. Location: 7300 Edenvale Boulevard. (Resolution No. 2007-31 for Site Plan Review) Neal said the proposed project is to reconstruct the layout and facilities of an existing neighborhood park and to construct a new park shelter building,parking lot, trail, sports field, hockey, and skating rink. This project received design input and feedback from adjacent neighbors at three informational meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The concept plan for Edenvale Park was approved by the Parks, Recreation and Natural Resources Commission at their April 3, 2006 meeting on a 7-0 vote. The preliminary construction plans for the re-designed park and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. The Planning Commission approved a Variance to City Council Minutes February 6, 2007 Page 13 permit a 27.3' front yard setback for the parking lot and a Variance to permit a 41.46' front yard setback for a basketball court. The Planning Commission added the motion contingent upon further discussion regarding tree loss with neighbors and City Staff and also to have natural plantings in this park. Staff has worked with the neighbors about the tree and landscaping issues at Edenvale Park since the Planning Commission meeting. Staff is proposing to keep as much of the treed vegetation as possible in the drainage swale along Edenvale Boulevard. Staff has also worked with the consultant to revise the landscape plan to add 7 trees and naturalized plantings along Edenvale Boulevard. Deb Heatherington of 7252 Sunshine Drive said she represented about 20 neighbors to the east of the park. She said Staff had been very responsive to neighbors' desire to save trees and overall neighbors are satisfied. In addition to the actions already taken, Heatherington asked that two ash trees on the southwest corner and a significant maple along the ditch also be saved. She asked if trees would be marked prior to removal so neighbors could confirm which ones would be removed. Aho commended Staff and asked them to continue to work with residents to preserve trees. Butcher asked if the City routinely marks trees prior to removal. Lambert said that given the neighborhood interest, the City would place ribbons on trees to save and trees to try to save. Staff will also meet with bulldozer drivers to make sure they understand the intention. The park layout is tight, but Parks shares the desire to preserve trees and will do its best to preserve them. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; and adopt Resolution No. 2007-31 for Site Plan Review on 9 acres. Motion carried 5-0. J. FOREST HILLS PARK Request for: Site Plan Review on 57 acres. Location: 13708 Holly Road. (Resolution No. 2007-32 for Site Plan Review) Neal said the proposed project is to construct a new park shelter building, hockey, and skating rink and to reconstruct the layout of existing sports fields. This project received design input and feedback from adjacent neighbors as well as from the School District Staff at several meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The concept plan for Forest Hills Park was approved by the Parks, Recreation and Natural Resources Commission at their April 3, 2006 meeting on a 6-0 vote (one Commissioner left the meeting prior to this vote). The preliminary construction plans for the re-designed park and a new park building were reviewed and approved by the Parks, Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. The Planning Commission voted 5-1 to recommend approval of the project at the January 8, 2007 meeting. City Council Minutes February 6, 2007 Page 14 Frank Powell, of 14075 Sundial Court, said the site plan overdevelops the park and eliminates the hills that gave the park its name. The plan eliminates the two- level playground and the long slides from one area to the other, which the kids love. Grading for the fields will also affect the sledding hill. Students were not aware of the proposed changes. Powell presented a petition circulated by his daughter with 73 kids' signatures. Powell acknowledged he was late to the process but asked the matter be tabled. John Mallo, of 14000 Forest Hills Road, said the hill is a meaningful part of the park and should be preserved. Butcher said it is appropriate to discuss residents' concerns,but noted the site plan has already gone through a public hearing process with unanimous approvals by the Parks and Planning Commissions. Nelson said she was concerned children at Forest Hills would be unhappy with their own park. She supported at least postponing the matter for two weeks. Duckstad agreed. Lambert said the change in the playground to one level is the express request of Forest Hills staff, repeated over at least the last decade. The current two-level setup requires double staffing to supervise both areas. Erosion is also a problem on the hill. There was public notification of hearings to 800 homes and no opposition up to this time. The project has already gone to bid. The new playground will be a vast improvement and a much better use of the site. Duckstad asked if there would still be any hill for sledding. Lambert said the sledding hill is a different hill, more to the west. Plans call for grading a swale to direct sleds onto the soccer field, much as was done at Staring Lake. Mallo noted neither he nor Powell had received notification letters. MOTION: Butcher moved, seconded by Aho, to close the Public Hearing; and adopt Resolution No. 2007-32 for Site Plan Review on 57 acres. Motion carried 4-1 with Nelson opposed. K. PRAIRIE VIEW PARK Request for: Site Plan Review on 8.6 acres. Location 17255 Peterborg Road. (Resolution No. 2007-33 for Site Plan Review) Neal said the project includes site grading, sanitary and water utility work and construction of a new park shelter building. This project received design input and feedback from adjacent neighbors as well as from the School District Staff at several meetings before it was approved for inclusion in the 2005 Park Bond Referendum by the City Council. Following passage of the Park Bond Referendum in November 2005 the Staff worked with HTPO and Delano Erickson Architects to finalize the concept plans for the reconstruction of the park. The preliminary construction plans for minor park grading and a new park building were reviewed and approved by the Parks, City Council Minutes February 6, 2007 Page 15 Recreation and Natural Resources Commission at their January 2, 2007 meeting on a 7-0 vote. The Planning Commission voted 6-0 to recommend approval of the project at the January 8, 2007 meeting. The Planning Commission approved a Variance to permit a 20' side yard setback for a new park shelter building. MOTION: Butcher moved, seconded by Nelson, to close the Public Hearing; and adopt Resolution No. 2007-33 for Site Plan Review on 8.6 acres. Motion carried 5-0. IX. PAYMENT OF CLAIMS MOTION: Butcher moved, seconded by Aho, to approve Payment of Claims as submitted. The motion carried on a roll call vote with Aho, Butcher,Duckstad, Nelson and Young voting "aye." X. ORDINANCES AND RESOLUTIONS A. BENT CREEK GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) Neal noted these actions continue the 2nd readings to the next meeting just as the 1st readings were continued earlier on the agenda. MOTION: Nelson moved, seconded by Butcher, to continue 2nd Reading of the Ordinance for rezoning from Rural to GC-Golf Course on 105.8 acres to the February 20, 2007 City Council meeting. Motion carried 5-0. B. OLYMPIC HILLS GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course. (Ordinance for Zoning District Change) MOTION: Nelson moved, seconded by Butcher, to continue 2nd Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC- Golf Course on .52 acre to the February 20, 2007 City Council meeting. Motion carried 5-0. C. BEARPATH GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bearpath Golf Course. (Ordinance for Zoning District Change) City Council Minutes February 6, 2007 Page 16 MOTION: Nelson moved, seconded by Butcher, to continue 2nd Reading of the Ordinance for rezoning from Rural to GC-Golf Course on 198.04 acres to the February 20, 2007 City Council meeting. Motion carried 5-0. D. GLEN LAKE GOLF COURSE REZONING Second Reading of the Ordinance for Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course. (Ordinance for Zoning District Change) MOTION: Nelson moved, seconded by Butcher, to continue 2nd Reading of the Ordinance for rezoning from Public to GC-Golf Course on 50.69 acres to the February 20, 2007 City Council meeting. Motion carried 5-0. XI. PETITIONS, REQUESTS AND COMMUNICATIONS XII. REPORTS OF ADVISORY BOARDS & COMMISSIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCILMEMBERS 1. Friendship Ventures MOTION: Young moved, seconded by Aho, to add a discussion of Friendship Ventures to the agenda. Motion carried 5-0. Young noted the Council had been presented with several options during its workshop discussion. He asked for Councilmember and staff feedback on the different options. Neal said there are a number of possibilities. Council could direct Staff to work with Friendship Ventures in the current historic preservation context, going to mediation if necessary, could direct one or more City Commissions to take up the matter in pursuit of a specific outcome, could send the matter to various Commissions for open comment, could terminate Friendship Ventures' lease, or direct Staff to engage more closely with Friendship Ventures staff to help them come into compliance with current building codes and grant agreements. Regarding Friendship Ventures' to delist the property as a historic site, Neal said he was not optimistic the letter of agreement for the state grant could be amended or rejected, since there is no process in place for that purpose. He also did not recommend terminating the lease, though the City would be within its rights to do so. Neal said he would prefer to work with Staff to help Friendship Ventures comply with historic preservation and City building requirements. Friendship Ventures has concerns about meeting its timeline to be open for summer camps, but Neal believed impediments to progress could be overcome. There are still solutions left to explore that meet everyone's needs. City Council Minutes February 6, 2007 Page 17 Duckstad agreed it appeared the situation could still be worked out, and the other alternatives are not good. A closer engagement to problem-solve and come to an agreeable resolution should be tried. Neal noted the course is practical, since the project would be hard pressed to ignore the state grant agreement. Changes are not viable unless it is impossible for Friendship Ventures to comply with the agreement given its current mission. Friendship Ventures has also been frustrated and hopes it has turned a corner with the hiring of a new construction manager. Nelson proposed directing Staff to work with Friendship Ventures, especially regarding the piers and lattice. It is important to families to get the camp open for the summer season and important to capitalize on the goodwill of all the donors and volunteer building trades workers who have been involved in the project. Aho said historic preservation is important, but the needs of the kids are more important. With compromise on both sides the construction can be expedient yet still historic. Butcher said the relationship between the City and Friendship Ventures should be preserved. Working together is an excellent idea. However, mutuality is key. There have been several things the City asked Friendship Ventures to do that they did not do. Both sides need to put forth a stronger effort to work together for solutions. Young agreed permits,plans, and the project manager all need to be strong to ensure the success of the project. He said he was more hopeful after the workshop that the mission of Friendship Ventures and the goal of historic integrity could be reconciled. However, Friendship Ventures is the more important goal. Young expressed frustration that the City lost control of its property for a $30,000 grant. He suggested investigating repaying the grant to remove these constraints, or having Friendship Ventures explore this possibility. Duckstad said he was impressed with ideas brought forth at the workshop and thought the project could be saved. Butcher noted the City has received hundreds of thousands of dollars for historic preservation from the State, and still has a$79,000 grant waiting that is earmarked for this project. The city's reputation in applying for future grants is also at stake if the grant is turned back. Much more than $30,000 is involved. Lambert said at least three Parks Commission members are concerned about the project and would welcome Staff efforts to help Friendship Ventures comply with the existing approved plans. He asked if any significant changes in the plans would be returned to the Commissions, as is customary, or if the whole negotiation would be handled by Staff. Neal said there have been many deviations from the plans, and not all minor ones,but most don't rise to the level of a significant change. The treatment City Council Minutes February 6, 2007 Page 18 of the foundation piers is major issue, and issues around windows and the ceiling exist as well. The goal is to get back to the original plan with slight amendments. Time is of the essence and the project cannot afford to go through another six to nine month process. The landscaping and trail plan might be one area that needs to go back before the Commission. Butcher noted both Staff and state staff are already working on returning to the original building plan. The landscaping is a different matter. Landscaping and large boulders were added without any review by the Parks Commission whatsoever. Lambert added the site is City parkland, and changes to the grading and drainage needed to be approved not only by the Parks Commission but also by the Watershed District. Friendship Ventures is only leasing the property and the City must send a message that it can't alter City property without proper process and approvals. Neal said the proposal is for the City to much more actively engage the project, reclaiming its rights as the landowner and proactively working to monitor the project and develop solutions. All Councilmembers affirmed this strategy. B. REPORT OF CITY MANAGER 1. Citizen Budget Task Force Neal presented a proposal for a Citizen Budget Task Force, prepared by Councilmember Duckstad from a Staff draft. The proposal seems to fit Council's previous discussions and seems workable. Duckstad said he merely altered the draft to put it in a format similar to other boards and commissions. The proposed mission statement charges the task force to assist in the budget process by making recommendations. Neal said the budget task force would be distinct from many other Commissions by being more advisory in nature. Rather than reacting to their findings, as Council often does for the Planning Commission, Council would take a more directive role in the task force's work and continue to bear the fiduciary responsibility. Young, Duckstad and Aho all agreed that Council retains this responsibility. Aho said the task force is just another set of eyes looking at the budget. Butcher noted she had been resistant to the idea of the task force precisely because the budget is one of the Council's most important responsibilities, and one that should be undertaken by elected officials who are directly accountable to residents. However, since the charge is clear that the budget task force is advisory, it could work. City Council Minutes February 6, 2007 Page 19 Neal agreed Council should in no way cede authority over the budget or allow the task force to set policy direction. The task force also must not trump the work of the other Commissions. The idea of the task force is to gather persons of high competence to assist the City Manager and Council with operational improvements that can help the City realize the Council's vision more efficiently. Neal said he would bring a formal charge for the task force for approval at the February 20, 2007 Council meeting. Young said the task force needs to be ready to assist at the outset of the budget process, starting in March. Neal said the recruitment process would start promptly and invited Councilmember input. 2. Council Goal Setting Session Neal said the first phase goal setting session would take place March 1 from 6-9 p.m. Lead consultants from Decision Resources, Inc. will present findings of the 2006 community survey. A summary presentation will also be given at the March 3rd Council meeting. 3. 2007 City Legislative Agenda— State and Federal Neal sought Council authorization for Councilmembers and Staff to undertake advocacy for items on the 2007 state and federal legislative agenda. MOTION: Aho moved, seconded by Duckstad, to approve the Municipal Legislative Commission's 2007 legislative program and the City Manager's proposed 2007 federal legislative agenda. Motion carried 5-0. 4. Flying Cloud Airport Advisory Commission Workshop Neal said a joint Flying Cloud Airport Commission/City Council workshop is scheduled as a check-in on the first anniversary of the Commission's reauthorization. Neal said he also hopes to bring a proposal to the Council for City financing of water and sewer extensions to the airport. Current financial constraints of the MAC mean these improvements are years off for them. If the City wishes to move forward, it could create a special assessment agreement with the MAC to accelerate these improvements. 5. Community Center Improvement Project—Approval Timeline Neal said Staff and the construction manager will begin the formal bid process on February 15th, open bids on March 8th, and bring bids before the Parks Commission on March 13th. The contract will come before the Council for approval on March 20th, with contract documents to be City Council Minutes February 6, 2007 Page 20 finalized by April 3rd and construction slated to begin on April 16th. The anticipated project completion date is March 1, 2008. C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Forest Hills, Prairie View and Edenvale Park Improvements Bids Lambert said the City took bids for the improvement of all three parks in one package. Bids were estimated at $1 million,but with about 18 bidders, the low bid came in significantly under the estimate at $785,795.58. The Parks Commission unanimously voted to award the bid. MOTION: Aho moved, seconded by Nelson, to award the bid for reconstruction of Edenvale, Forest Hills, and Prairie View Parks to Quiring Trucking and Excavating in the amount of$785,795.58. Motion carried 5-0. 2. Forest Hills, Prairie View and Edenvale Parks Shelter Buildings Bids Lambert said the City lumped bids for three identical parks shelters into one package. The cost was estimated at $900,000 based on the cost of adding a parks shelter four years ago,plus inflation. Bids again came in much lower, with the low bid of$674,990 unanimously approved by the Parks Commission. MOTION: Aho moved, seconded by Butcher, to award the bid for construction of Edenvale, Forest Hills, and Prairie View Parks shelter buildings to Rochon Corporation in the amount of$674,990. Motion carried 5-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Nelson moved to adjourn the meeting. The meeting adjourned at 10:03 p.m. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.A. Christy Weigel, Police/ Clerk's License Application List Community Investigations Unit These licenses have been approved by the department heads responsible for the licensed activity. 2007 Renewal Licenses Solid Waste Collector Atomic Waste—Mpls, MN - 1 - CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Consent Agenda DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.B. Community Development/Planning Staring Preserve Janet Jeremiah Regina Herron Requested Action Move to: • Approve the Development Agreement for Staring Preserve; and • Approve and Authorize Issuance of a Grading Permit for Staring Preserve subject to release by the City Engineer upon determination that the final contract documents conform to plans stamp dated November 29, 2006, as approved by the City Council. Synopsis This is approval of a two lot subdivision in the R1-22 zone. The 120-Day Review Period Expires on March 9, 2007. Attachments Development Agreement DEVELOPMENT AGREEMENT STARING PRESERVE THIS DEVELOPMENT AGREEMENT("Agreement")is entered into as of February 20, 2007, by Aileron Land Development, LLC, a Minnesota limited liability company, hereinafter referred to as "Developer," its successors and assigns, and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as "City": WITNESSETH: WHEREAS,Developer has applied to City for Preliminary Plat of 1.67 acres into 2 lots and road right of way, legally described on Exhibit A (the "Property"); NOW,THEREFORE,in consideration of the City adopting Resolution No. for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as follows: 1. PLANS: Developer shall develop the Property in conformance with the materials revised and stamp dated November 29, 2006, reviewed and approved by the City Council on February 6, 2007, (hereinafter the "Plans") and identified on Exhibit B, subject to such changes and modifications as provided herein. 2. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C. 3. DEFERRED ASSESSMENTS AND CONNECTION FEES: Prior to the release of a final plat for the Property, Developer shall pay the deferred assessments on the property in the amount of$9,694.33 and a sanitary sewer and water connection fee in the amount of $7,400.00. 4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a violation of City Code relating to use of the Land construction thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement,City shall give 24 hour notice of such violation in order to allow a cure of such violation,provided however, City need not issue a building or occupancy permit for construction or occupancy on the Land while such a violation is continuing, unless waived by City. The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement shall be determined solely and conclusively by the City Manager of the City or a designee. 5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall release,defend and indemnify City,its elected and appointed officials,employees and agents from and against any and all claims, demands, lawsuits, complaints, loss, costs (including attorneys' fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer shall not be released from its responsibilities to release, defend and indemnify because of any inspection, review or approval by City. 6. DISCLOSURE OF INFORMATION REGARDING FLYING CLOUD AIRPORT: No lot shall be sold or transferred to the first intended residential homeowner,nor an agreement entered into to construct a home on any lot within the development unless the Developer or its successors and/or assigns personally delivers prior to execution of a purchase agreement or an agreement to construct a home on the lot (whichever comes first), a disclosure statement in form and substance as attached as Exhibit E hereto regarding the Flying Cloud Airport. If the initial purchaser of a lot from the Developer is not the initial intended homeowner of a residence to be constructed on the lot, Developer shall require by contractual obligation with its initial purchaser the delivery of the disclosure statement to the initial intended residential homeowner prior to execution by the intended homeowner of any agreement to construct a home or agreement to purchase a lot(whichever comes first). 7. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION PLANS: A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer shall submit and obtain the City Engineer's written approval of a final grading and drainage plan for the Property. The final grading and drainage plan shall include all wetland information,including wetland boundaries, wetland buffer strips and wetland buffer monument locations; all Stormwater Facilities,such as water quality ponding areas,stormwater detention areas, and stormwater infiltration systems; and any other items required by the application for and release of a land alteration permit. All design calculations for storm water quality and quantity together with a drainage area map shall be submitted with the final grading and drainage plan. Prior to release of the grading bond, Developer shall certify to the City that the Stormwater Facilities conform to the final grading plan and that the Stormwater Facilities are functioning in accordance with the approved plans. Developer shall employ the design professional who prepared the final grading plan. The design professional shall monitor construction for conformance to the approved final grading plan and Stormwater Pollution Prevention Plan(SWPPP). The design professional shall provide a final report to the City certifying completion of the grading in conformance the approved final grading plan and SWPPP. B. STORMWATER INFILTRATION SYSTEM CONSTRUCTION: Stormwater Infiltration Systems (such as Rainwater Gardens, Vegetated Swales or Infiltration Trenches) shall be maintained by the Developer during construction and for a minimum of two (2) full growing seasons after completion of the development to ensure that soil compaction, erosion,vegetation loss and channelization of flow are not occurring, and thereafter by the Owner of the Property. A Planting Plan for the Stormwater Infiltration Systems must be submitted prior to release of the first building permit for the Development Developer shall employ the design professional who prepared the final grading plan to monitor construction of the Stormwater Infiltration Systems for conformance to the Minnesota Pollution Control Agency publication entitled "State of Minnesota Storm water Manual"dated November 2005,the approved final grading plan and the requirements listed herein. All Stormwater Infiltration Systems shall be delineated with erosion control fencing prior to construction. The Stormwater Infiltration Systems shall be installed using low-impact earth moving equipment. No equipment, vehicles, supplies or other materials shall be allowed in the areas designated for stormwater infiltration during construction. Pervious surfaces shall be stabilized with seed and mulch or sod and all impervious surfaces must be completed prior to final grading and planting of the Stormwater Infiltration Systems. All Stormwater Infiltration Systems shall be kept free of debris,litter,invasive plants and sediment which shall be removed by hand or with a flat-bottomed shovel or rake during dry periods. Only enough sediment shall be removed as needed to restore hydraulic capacity, leaving as much of the vegetation in place as possible. Any damaged turf or vegetation shall be reseeded or replaced. After the two year period of Developer maintenance,the Owner of the Property shall be responsible for maintenance of the Stormwater Infiltration Systems. This shall include debris and litter removal,removal of noxious and invasive plants,removal of dead and diseased plants, re-mulching of void areas, replanting or reseeding areas where dead or diseased plants were removed and hand removal of sediment build-up. C. STORMWATER POLLUTION PREVENTION PLAN (SWPPP): Prior to issuance of a land alteration permit,Developer shall submit to the City Engineer and obtain City Engineer's written approval of Stormwater Pollution Prevention Plan (SWPPP) for the Property. The SWPPP shall include all boundary erosion control features, temporary stockpile locations, turf restoration procedures and best management practices to be utilized within the Project. Prior to release of the grading bond, Developer shall complete implementation of the approved SWPPP. 8. GRADING IN THE WOODED AREAS ON SITE: Prior to grading within any of the wooded areas on the Property, delineated on Exhibit B, Developer shall submit to the City Forester and receive the City Forester's written approval of a plan depicting construction grading limits on the Property. Prior to the issuance of any land alteration permit,Developer shall place a construction fence on the approved construction grading limits. Developer shall notify the City and watershed district 48 hours in advance of grading so that the construction limit fence may be field inspected and approved by the City Engineer and City Forester. Developer shall maintain the construction limit fence until written approval is granted by the City to remove the fence. 9. INTERIOR NOISE MITIGATION PLAN: Prior to issuance of each residential building permit for the Property,Developer shall submit to the City Building Official,and obtain the City Building Official's written approval of plans that establish that each residence is designed to meet the structural performance standards for residential interior sound levels, depicted in Table 4 of the Metropolitan Council Land Use Compatibility Guidelines for Aircraft Noise, adopted January 14, 2004. 10. OWNER'S SUPPLEMENT TO DEVELOPMENT AGREEMENT: The Owner's Supplement to this Agreement executed by and between the City of Eden Prairie and the following are attached hereto and made a part hereof. A. Jesse Lee Schwartz and Kathleen Ruth Schwartz,husband and wife as joint tenants 11. PLANS FOR INDIVIDUAL HOME CONSTRUCTION: Prior to building permit issuance for each residential structure on each parcel of the Property,a Certificate of Survey for such parcel shall be submitted for review and written approval by the Building Department. The Certificate of Survey shall include a certification by the builder that construction of the residence is consistent with this Agreement and all exhibits attached hereto, and shall further contain the following information: A. Topography with 2 foot contour intervals for existing and proposed grades. Topography must be field verified. B. Location of structures with finished floor elevations. C. Retaining walls, type, height, and type of details. D. Location of sewer, water, gas and electric lines. E. Method of erosion control. F. Detailed grading plans. G. No construction or grading within any conservancy easement area. H. No steepening of the natural slopes and walk out levels that meet natural grade. I. Engineered design for footing, foundation, and retaining walls. 12. RETAINING WALLS: Prior to issuance by the City of any permit for grading or construction on the Property, Developer shall submit to the Chief Building Official, and obtain the Chief Building Official's written approval of detailed plans for the retaining walls identified on the grading plan in the Plans. These plans shall include details with respect to the height,type of materials, and method of construction to be used for the retaining walls. Developer shall complete implementation of the approved retaining wall plan in accordance with the terms and conditions of Exhibit C, attached hereto, prior to issuance of any occupancy permit for the Property. 13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of the final plat for the Property,an assessment agreement,in the form and substance as attached in Exhibit D,shall be signed by the owner(s) of the Property with the City for trunk sewer and water assessments on an assessable area of 0.64 acres in the amount of$3,948.80. 14. STORM SEWER: Concurrent with the issuance of a building permit for Lot 2 of the Property, a permit for the installation of a catch basin as indicated on the Plans must be obtained from the Engineering Division. 15. TREE LOSS- TREE REPLACEMENT: There are 1002 diameter inches of significant trees on the Property. Tree loss related to development on the Property is calculated at 328 diameter inches. Tree replacement required are 144 caliper inches. Prior to the issuance of any grading permit for the Property,Developer shall submit to the City Forester and receive the City Forester's written approval of a tree replacement plan for 144 caliper inches. This approved plan shall include replacement trees of a 3-inch diameter minimum size for a shade tree and a 7-foot minimum height for conifer trees. The approved plan shall also provide that, should actual tree loss exceed that calculated herein,Developer shall provide tree replacement on a caliper inch per caliper inch basis for such excess loss. Prior to issuance of any grading permit for the Property,Developer shall furnish to the City Planner and receive the City Planner's approval of a tree replacement bond equal to 150%of the cost of said improvements as required by City Code. Developer shall complete implementation of the approved tree replacement plan prior to occupancy permit issuance. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. DEVELOPER CITY OF EDEN PRAIRIE Aileron Land Development, LLC By By Its Phil Young Its Mayor By Scott H. Neal Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 6th day of February, 2007, by Phil Young and Scott H.Neal,respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007,by , the , of Aileron Land Development, LLC, a Minnesota Limited Liability Company, on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT A DEVELOPMENT AGREEMENT-STARING PRESERVE Legal Description Before Final Plat A tract of land in the Northwest '/4 of the Southeast '/4 of Section 21, Township 116,North Range 22, West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Commencing at the intersection of the North line of Ridge Road and the center line of Staring Lane, as said roads are platted in Staring Lake First Addition; thence at a deflection angle to the left from the center line of said Staring Lane of 21 degrees 16 minutes along the center line of a Public Road a distance of 92.3 feet; thence at a deflection angle to the left of 9 degrees 16 minutes and along the center line of said Public road a distance of 79.95 feet to the actual point of beginning of tract to be described; thence at right angles to the right a distance of 276.05 feet to the East line of the West 1/2 of the Southeast 1/4 of said section; thence North along and East line a distance of 268.5 feet; thence at a deflection angle to the left of 87 degrees 37 minutes 25 seconds a distance of 264.95 feet to the center line of said Public road; thence at right angles to the left and along said center line a distance of 268.3 feet to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Legal Description After Final Plat Lots 1-2, Block 1 Staring Preserve, Hennepin County, Minnesota. EXHIBIT B DEVELOPMENT AGREEMENT-STARING PRESERVE PLANS LIST OF MATERIALS Preliminary Plat dated 11/28/06 by Anderson Engineering of Minnesota, LLC Preliminary Site, Grading, Drainage &Utility Plan dated 11/28/06 by Anderson Engineering of Minnesota, LLC Preliminary Tree Replacement Plan dated 11/28/06 by Anderson Engineering of Minnesota, LLC EXHIBIT C DEVELOPMENT AGREEMENT - STARING PRESERVE Prior to release of any building permit, Developer shall submit to the City Engineer for approval two copies of a development plan(1" =100' scale)showing existing and proposed contours,proposed streets,and lot arrangements and size,minimum floor elevations on each lot,preliminary alignment and grades for sanitary sewer,water main,and storm sewer, 100- year flood plain contours, ponding areas, tributary areas to catch basins, arrows showing direction of storm water flow on all lots,location of walks,trails,and any property deeded to the City. II. Developer shall submit detailed construction and storm sewer plans to the Watershed District for review and approval. Developer shall follow all rules and recommendations of said Watershed District. III. Developer shall pay cash park fees as to all of the Property required by City Code in effect as of the date of the issuance of each building permit for construction on the Property. IV. If Developer fails to proceed in accordance with this Agreement within twenty-four (24) months of the date hereof,Developer,for itself,its successors,and assigns,shall not oppose the City's reconsideration and rescission of any Rezoning, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. V. Provisions of this Agreement shall be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property. VI. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to identify the legal description of the Property after platting thereof. VII. Developer represents that it has marketable fee title to the Property, except: Jesse Lee Schwartz and Kathleen Ruth Schwartz, husband and wife as joint tenants With respect to any interest in all portions of the Property which Developer is required, pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"), Developer represents and warrants as follows now and at the time of dedication or conveyance: A. That Developer has marketable fee title free and clear of all mortgages, liens, and other encumbrances. Prior to final plat approval,Developer shall provide to the City a current title insurance policy insuring such a condition of title. B. That Developer has not used, employed, deposited, stored, disposed of, placed or otherwise allowed to come in or on the Dedicated Property,any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to, those defined in or pursuant to 42 U.S.C. § 9601,et. seq.,or Minn. Stat., Sec. 115B.01,et. seq. (such substances, wastes,pollutants, and contaminants hereafter referred to as "Hazardous Substances"); C. That Developer has not allowed any other person to use, employ, deposit, store, dispose of,place or otherwise have,in or on the Property,any Hazardous Substances. D. That no previous owner, operator or possessor of the Property deposited, stored, disposed of, placed or otherwise allowed in or on the Property any hazardous substances. Developer agrees to indemnify, defend and hold harmless City, its successors and assigns, against any and all loss,costs,damage and expense,including reasonable attorneys fees and costs that the City incurs because of the breach of any of the above representations or warranties and/or resulting from or due to the release or threatened release of Hazardous Substances which were, or are claimed or alleged to have been,used, employed,deposited, stored, disposed of, placed, or otherwise located or allowed to be located, in or on the Dedicated Property by Developer, its employees, agents, contractors or representatives. VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning,and Chapter 12,Subdivision Regulations,of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements and City Ordinances. IX. Prior to release of the final plat,Developer shall pay to City fees for the first three(3)years' street lighting on the public streets adjacent to the Property(including installation costs, if any, as determined by electrical power provider), engineering review, and street signs. X. Developer shall submit detailed water main, fire protection, and emergency vehicle access plans to the Fire Marshal for review and approval. Developer shall follow all the recommendations of the Fire Marshal. XI. Developer acknowledges that the rights of City performance of obligations of Developer contemplated in this agreement are special, unique, and of an extraordinary character, and that, in the event that Developer violates, or fails, or refuses to perform any covenant, condition, or provision made herein, City may be without an adequate remedy at law. Developer agrees,therefore,that in the event Developer violates,fails,or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold building permits or rescind or revoke any approvals granted by the City. No remedy conferred in this agreement is intended to be exclusive and each shall be cumulative and shall be in addition to every other remedy. The election of anyone or more remedies shall not constitute a waiver of any other remedy. XII. Developer shall,prior to the commencement of any improvements,provide written notice to Comcast of the development contemplated by this Development Agreement. Notice shall be sent to Comcast Cable, 9705 Data Park, Minnetonka, Minnesota 55343. XIII. Prior to building permit issuance,all fees associated with the building permit shall be paid to the Inspections Department,including;Building permit fee,plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access charge (WAC), and park dedication. Contact Metropolitan Waste Control to determine the number of SAC units. XIV. Prior to building permit issuance, except as otherwise authorized in the approved Plans, existing structures, wells and septic systems (if present) shall be properly abandoned or removed as required by City ordinance and all permits obtained through the Inspections Department. XV. Prior to building permit issuance,provide two copies of an approved survey or site plan(1" = 200 scale) showing proposed building location and all proposed streets, with approved street names, lot arrangements and property lines. XVI. The City shall not issue any building permit for the construction of any building, structure, or improvement on the Property until all requirements listed in this Exhibit C have been satisfactorily addressed by Developer. XVII. No failure of the City to comply with any term, condition, covenant or agreement herein shall subject the City to liability for any claim for damages, costs or other financial or pecuniary charges.No execution on any claim,demand,cause of action or judgment shall be levied upon or collected from the general credit, general fund or taxing powers of the City. XVIII. Prior to issuance of the first building permit for the Property, Developer shall permanently demarcate the location of the boundary of the conservation easement on each lot property line or corner with permanent four-foot tall posts. A 2 '/2 by 6 inch sign or decal reading "Scenic/Conservation Easement Boundary, City of Eden Prairie",will be affixed to the top of the post. XIX. Within 10 days of the approval of the Development Agreement,the Developer shall record the Development Agreement at the County Recorder and/or Registrar of Titles. The final plat shall not be released until proof of filing of the Development Agreement is submitted to the City. XX. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of all of the Developer's obligations under this Agreement for which a bond, letter of credit, cash deposit or other security (hereinafter referred to as the "Security")is required if the Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City;provided however if the nature of the cure is such that it is not possible to complete the cure within ten(10) days, it shall be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges that the City does not assume any obligations or duties of the Developer with respect to any such contract agreements unless the City shall agree in writing to do so. The City may draw down on or make a claim against the Security,as appropriate,upon five (5)business days notice to the Developer,for any violation of the terms of this Agreement or if the Security is allowed to lapse prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty(30)days prior to the expiration of the Security and if the Security has not then been renewed,replaced or otherwise extended beyond the expiration date, the City may also draw down or make a claim against the Security as appropriate. If the Security is drawn down on or a claim is made against the Security, the proceeds shall be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorneys' fee, incurred by the City in enforcing this Agreement. XXI. The Developer hereby grants the City, it's agents, employees, officers and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement. XXII. This Agreement is a contract agreement between the City and the Developer. No provision of this Agreement inures to the benefit of any third person,including the public at large, so as to constitute any such person as a third-party beneficiary of the Agreement or of any one or more of the terms hereof,or otherwise give rise to any cause of action for any person not a party hereto. EXHIBIT D DEVELOPMENT AGREEMENT — STARING PRESERVE AGREEMENT REGARDING SPECIAL ASSESSMENTS THIS IS AN AGREEMENT MADE THIS day of ,2007,between the City of Eden Prairie, a municipal corporation, (the "City") and Aileron Land Development, LLC, a Minnesota limited liability company(the "Owner"). A. The Owner holds legal and equitable title to property described as Lots 1-2, Block 1, Staring Preserve,Hennepin County,Minnesota,which property is the subject of this Agreement and is hereinafter referred to as the "Property". B. The Owner desires to develop the property in such a manner that relies upon the City's trunk utility system,including trunk sanitary sewers,trunk watermains,wells,elevated storage facilities and a water treatment plant(all of which is hereafter referred to as the "Improvement"). C. The parties hereto desire to enter into an Agreement concerning the financing of the construction of the Improvements all of which will inure to the benefit of the Property. AGREEMENTS IT IS HEREBY AGREED as follows: 1. The Owner consents to the levying of assessments against the Property in the amount of $ for the Improvements. 2. The City's assessment records for the Property will show the assessments as a"pending assessment"until levied. 3. The Owner waives notice of any assessment hearing to be held at which hearing or hearings the assessment is to be considered by the City Council and thereafter approved and levied. 4. The Owner concurs that the benefit to the Property by virtue of the Improvements to be constructed exceeds the amount of the assessment to be levied against the Property. The Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of the assessments, or the procedures used by the City in apportioning the assessments and hereby releases the City,its officers,agents and employees from any and all liability related to or arising out of the imposition or levying of the assessments. 5. This agreement shall be effective immediately. 6. This Agreement may not be terminated or amended except in writing executed by both parties hereto,provided however upon the levying of the special assessments contemplated by Paragraph 1 hereof the City may upon request of the owner of the property affected,without the necessity of further City Council approval,unilaterally prepare and provide to the owner for recording a document releasing any property so levied from this Agreement. OWNER CITY OF EDEN PRAIRIE Aileron Land Development,LLC By: NOT TO BE SIGNED By: NOT TO BE SIGNED Phil Young Its Mayor By: NOT TO BE SIGNED Scott H.Neal, Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2007, by Phil Young, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota municipal corporation,on behalf of the corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2007, by the of Aileron Land Development,LLC,a Minnesota limited liability company,on behalf of the company. Notary Public THIS INSTRUMENT WAS DRAFTED BY: City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 EXHIBIT E DEVELOPMENT AGREEMENT - STARING PRESERVE STARING PRESERVE DISCLOSURE OF INFORMATION Developer shall cause the following notice to be given,either from Developer itself or Developer's successors in interest to any portion of the Property,to all residential home purchasers of lots within the Property who intend to occupy a residence on such lot, prior to the execution of a purchase agreement or agreement to construct a residence on a lot within the Property,whichever occurs first: The Property is located near the Flying Cloud Airport, which is owned and operated by the Metropolitan Airports Commission. The Metropolitan Airports Commission currently has under consideration the expansion of the airport runways, which may affect the Property. Further information regarding the airport and the proposed expansion can be obtained from the Office of the Airside Project Manager, Telephone No.: 612-725-8371 or 612-726-8100 OWNERS' SUPPLEMENT TO DEVELOPMENT AGREEMENT BETWEEN AILERON LAND DEVELOPMENT,LLC AND THE CITY OF EDEN PRAIRIE THIS AGREEMENT, made and entered into as of February 20, 2007, by and between, Jesse Lee Schwartz and Kathleen Ruth Schwartz, husband and wife as joint tenants ("Owner"), and the CITY OF EDEN PRAIRIE ("City"): For,and in consideration of,and to induce City to adopt Resolution No. for Preliminary Plat,as more fully described in that certain Development Agreement entered into as of February 20,2007, by and between Aileron Land Development, LLC, a Minnesota limited liability company, and City ("Development Agreement"), Owner agrees with City as follows: 1. If Aileron Land Development, LLC fails to commence development in accordance with the Development Agreement and fails to obtain an occupancy permit for all of the improvements referred to in the Development Agreement within 24 months of the date of this Owners' Supplement, Owner shall not oppose the City's reconsideration and rescission of Resolution No. for Preliminary Plat, identified above, thus restoring the status of the Property before the Development Agreement and all approvals listed above were approved. 2. This Agreement and the Development Agreement shall be binding upon and enforceable against the Property and the Owner, their successors and assigns of the Property. 3. If Owner transfers this Property, Owner shall obtain an agreement from the transferee requiring that such transferee agree to all of the terms, conditions and obligations of"Developer" in the Development Agreement. Neither the Owner or transferee are required to develop the property in accordance with this Agreement, so long as Owner or transferee obtain such approvals as are required by City Code to develop the Property in a manner other than as set forth in this Agreement. IN WITNESS WHEREOF,the parties to this Agreement have caused these presents to be executed as of the day and year aforesaid. OWNERS CITY OF EDEN PRAIRIE By By Jesse Lee Schwartz Phil Young Its Mayor By By Kathleen Ruth Schwartz Scott H. Neal, Its City Manager STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 6th day of February, 2007,by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of ,2007,by Jesse Lee Schwartz and Kathleen Ruth Schwartz,husband and wife as joint tenents. Notary Public EXHIBIT A OWNERS SUPPLEMENT Legal Description Before Final Plat A tract of land in the Northwest '/4 of the Southeast '/4 of Section 21, Township 116,North Range 22, West of the 5th Principal Meridian, Hennepin County, Minnesota, described as follows: Commencing at the intersection of the North line of Ridge Road and the center line of Staring Lane, as said roads are platted in Staring Lake First Addition; thence at a deflection angle to the left from the center line of said Staring Lane of 21 degrees 16 minutes along the center line of a Public Road a distance of 92.3 feet; thence at a deflection angle to the left of 9 degrees 16 minutes and along the center line of said Public road a distance of 79.95 feet to the actual point of beginning of tract to be described; thence at right angles to the right a distance of 276.05 feet to the East line of the West 1/2 of the Southeast 1/4 of said section; thence North along and East line a distance of 268.5 feet; thence at a deflection angle to the left of 87 degrees 37 minutes 25 seconds a distance of 264.95 feet to the center line of said Public road; thence at right angles to the left and along said center line a distance of 268.3 feet to the point of beginning, according to the United States Government Survey thereof and situate in Hennepin County, Minnesota. Legal Description After Final Plat Lots 1-2, Block 1 Staring Preserve, Hennepin County, Minnesota. CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.C. Cliff Cracauer Approve Purchase of Replacement Public Works/Fleet Services Vehicles and Equipment for 2007 Requested Action Move to: Approve purchase of replacement vehicles and equipment as listed in the 2007 Budget General Fund Expenditures, Capital Improvement Plan and Debt Service. Synopsis The Equipment Replacement Fund was developed by Fleet Services to provide a 15-year projection of equipment needs and replacement schedule. Annual budget requests are created from the Equipment Replacement Fund and submitted for approval along with add-on equipment as funded in the CIP section of the budget. Attachments List of replacement vehicles and equipment List of Vehicles and Equipment to be Replaced in 2007 Service Area Replacement CIP Water/Utilities Total Cost Streets 101 Toro Mower _ $ 45,000.00 190 Chevrolet service truck $ 50,000.00 162 Freightliner $ 75,600.00 166 Mack $ 176,530.00 CIP Pickup 3/4 4X4 with plow $ 35,000.00 CIP Aerial Bucket Truck $ 60,000.00 178 Refurbish tanker $ 50,000.00 Subtotal $ 95,000.00 $ 397,130.00 Police Department Police 240/207 Crown Victoria $ 23,700.00 244/212 CrnVic/Charger $ 25,000.00 247/210 CrnVic/Charger $ 25,000.00 249/209 Explorer $ 25,000.00 206/254 Dodge Charger $ 23,643.00 251/208 CrnVic/Charger $ 25,000.00 252/211 CrnVic/Charger $ 25,750.00 253/214 CrnVic/Charger $ 25,750.00 266 Jeep Grand Cherokee $ 24,500.00 269 Chevrolet Impala E85 $ 18,500.00 281 Dodge Caravan E85 $ 21,000.00 268/267 Chevrolet Suburban $ 35,000.00 CIP/213 Patrol $ 24,500.00 CIP Investigations $ 24,500.00 New police equipment $ 25,000.00 Subtotal $ 49,000.00 $ 322,843.00 Fire Department CIP#363 F350 4x4 pickup $ 32,500.00 CIP Life Safety trailer $ 50,000.00 #354 Canyon GMC $ 20,000.00 CIP#377 Light Rescue Suburban $ 35,000.00 Subtotal $ 117,500.00 $ 20,000.00 Park and Recreation Park Maintenance 430 Power Boss $ 50,000.00 467 GMC Serria 2500 4x4 $ 34,200.00 468 GMC Serria 2500 4x4 $ 34,200.00 483 Toro 325D _ $ 26,000.00 Subtotal $ 144,400.00 Water/Water Utilities 722 Chevrolet 1 ton 4x4 $ 36,000.00 741/713 Chevrolet 3500 $ 33,000.00 723 Chevrolet 1 ton 4x4 $ 36,000.00 780 Tymco sweeper $ 160,000.00 Subtotal $ 265,000.00 1_ L L Service Area Replacement I CIP Water/Utilities Eqpt. Fund Subtotal $ 261,500.00 $ 265,000.00 $ 884,373.00 Salvage Equipment -$ 25,000.00 -$ 127,021.14 Carryover from 2006—Mack -$ 92,530.00 truck chassis _ TOTAL $ 261,500.00 $ 240,000.00 $ 664,821.86 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.D. Robert A. Lambert, Director, Bryant Lake Ski Team Request for Parks and Recreation Submersible Slalom Course Requested Action Move to: Approve the request by the Bryant Lake Ski Team for the submersible slalom ski course for a year-to-year permit, subject to the requirements of the Hennepin County Water Patrol. Synopsis At the January 17, 2006 meeting, the City Council approved a one year permit for the submersible slalom ski course, subject to the rules of Hennepin County Water Patrol. Background In late 2005 and early 2006, members of the Bryant Lake Ski Team appeared before the Parks, Recreation and Natural Resources Commission on several occasions to respond to questions and recommendations of the Parks, Recreation and Natural Resources Commission, the Hennepin County Water Patrol, Three Rivers Park District staff, residents on the lake, and the general public that use Bryant Lake. As a result of those meetings and commitments by the ski team, the City Council ultimately approved the request for a one year permit and requested the Parks, Recreation and Natural Resources Commission to review any complaint that either the City of Eden Prairie or Three Rivers Park District received on the course in 2006, prior to making a recommendation to extend the permit in 2007. Staff at Three Rivers Park District have indicated that they did not receive any complaints regarding the users of the course in 2006, nor has the City of Eden Prairie received any complaints regarding this course since its installation in 2006. Attached to this memorandum is letter from Joe Docter requesting an extended permit for this course for 2007 and a letter from Three Rivers Park District indicating they support the continued operation of the course. The Parks, Recreation and Natural Resources Commission unanimously approved the request at their February 5, 2007 meeting. City staff recommend approval of the permit. Attachment Letter from Joe Docter of the Bryant Lake Ski Team Letter from Three Rivers Park District regarding the submersible slalom ski course Letter to Bryant Lake Area Residents November 27,2006 Joe Docter 7032 Willow Creek Road Eden Prairie,MN 55344 Dear Joe, You had called earlier this fall, inquiring if the Park District had received any negative comments regarding the operation of the Bryant Lake Slalom Submersible Water Ski Course. I returned your phone call and indicated that park staff had not reported any negative comments regarding its operation, nor did I receive any negative comments from Hennepin County Water Patrol. If you need a statement from the Park District again not objecting to your application to the Hennepin County Water Patrol for an annual permit for 2007, I suggest that you write a formal request to the Park District Board of Commissioners for a communication that you can submit to the Hennepin County Water Patrol. Please feel free to submit your correspondence to my attention and I will ensure its processing through the Superintendent and Board of Commissioners. Sincerely, Margie Walz,Assistant Superintendent Director of Park Operations Services C: Doug Berens, Maintenance Administrator CIO Joseph J. Docter 7032 Willow Creek Rd. Eden Prairie, Minnesota January 3, 2007 Mr. Robert Lambert Director of Parks and Recreation City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 Dear Mr. Bob, The Bryant Lake Ski Team is seeking permission to utilize the permanent sub- mersible water ski course on Bryant lake during the 2007 ski season. The course was installed last year with the approval of the Parks and Recreation Commission under a permit from Three Rivers Water Patrol. We Plan to file for a peinhit with the Water Patrol in April. Please confirm that we are on the agenda for the February 6, 2007 Parks and Recreation Commission meeting. We will bring maps and drawings from last year's meetings in case there are questions. Let us know if any additional ma- terials would be beneficial. I can be reached at 612-805-7115 any time. We look forward to meeting with the commission to discuss this request. Best regards, Joe Docter Member, on behalf of the Bryant Lake Ski Team Parks and Recreation I January 8,2007 RE: Bryant Lake Slalom Ski Course ED Dear Bryant Lake Area Resident, PRPJ RI 1 LIVE•WORK•DREA As you may recall,the City of Eden Prairie approved a permit for a submersible slalom oFc 952 999 8308 ski course on Bryant Lake for 2006.A condition of extending this permit was to monitor FAX 952 949 8390 any complaints for one year and review whether or not this permit should be continued 7Ob 952 949 8399 after the first year of operation.You are invited to attend: 8084 Mitchell Rd Eden Prairie,MN 55344-4485 edenprairie.org Slalom Ski Course Discussion during the Parks,Recreation and Natural Resources Commission Meeting Monday, February 5, 2007 7:00 p.m. Council Chambers City Center,8080 Mitchell Road You are invited to attend this meeting to provide any input you may have regarding the consideration for an extended permit. The City of Eden Prairie did not receive any complaints on this course in 2006,nor did Three Rivers Park District. The Parks, Recreation and Natural Resources Commission will make a recommendation to the City Council regarding this permit and the City Council will make the final decision at their February 20 meeting. If you are unable to attend this meeting and would like to comment on this permit application,please feel free to contact me at 952-949-8440. Thank you. Sincerely, Robert A.Lambert Director of Parks and Recreation RAL:bju CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.E. Robert A. Lambert, Director, Elizabeth Fries Ellet Interpretive Trail Signage Parks and Recreation Program Requested Action Move to: Approve the Elizabeth Fries Ellet Interpretive Trail Signage program with the corrections attached. Synopsis On December 16, 2003,the City Council approved the proposed by Vicki Pellar Price to install, at no cost to the City of Eden Prairie, an interpretive trail signage program in the Richard T. Anderson Conservation Area that must be approved by City staff and the Parks, Recreation and Natural Resources Commission. Since that time, Ms. Price has been working with the Kestel Design Group and raising funds for this signage program. The purpose of the interpretive signage program is to provide trail users with an understanding of the history of early Eden Prairie and the Minnesota River Valley, as well as an understanding of the plant and animal communities that are natural to this area. As there are several different types of plant communities located in the Richard T. Anderson Conservation Area, Ms. Price selected this site to provide various signs to those plant communities and the wildlife that may reside within those plant communities. Throughout the sign program there are literary references from"Summer Rambles in the West"by Elizabeth Fries Ellet, the woman who was given credit for naming our community. Background At the October 2, 2006 meeting, Ms. Price provided two examples of the signs that were nearing completion and requested approval of those signs. The Commission recommended approval of the signs, subject to a number of changes recommended by City staff and the Commission. Those changes were made and the City Council approved those designs. Since that time, Ms. Price has completed the design on the remaining signs and requested approval of the designs prior to submitting them for final development. At their February 5, 2007 Parks, Recreation and Natural Resources Commission meeting, the sign designs were approved. Once approved, Ms. Price will order completion of the final designs and order the signs to be delivered to the City of Eden Prairie in the spring of 2007. City staff will complete the installation of the signs within the Richard T. Anderson Conservation Area as time permits during spring—summer 2007. Attachment Seven sign designs Second draft of revised language submitted by Vicki Pellar Price • ' I,11'll TLr��Q r y1�' tt': '1 ,t t' ft ' 11 ,• ! 1 _-iF!- _ ` --r >--r :Jy`. z • • • illik` 11. is filP 14, 1. ... '' ititi v� f ' t 1 1 r pyr!!. • rf 1 fly Iral � ',, 'f, ! /'1111 . .\ -.`�f' fir,, r T ,, ;L--.., -.,,,: , ...- ,, 1,1 . yes LLe � atr *j .. F Fria Filet ` l 1 . • 1818-1a77 ///•�/� �(�//�/� n P., . ..• - IlkNexr krawnk6�y., 1�', F;. !Z V . �+.r�•I'' l� -r� • r I r/ -- - _ s. Fliersnn-rt tiem rm,do•ue nnumr kngn7 A•11 n xa emus m 'S. �' 'a r • \�+ho b �Qv4M�• •I '. ,.'. I Iony,rNn , -I be Dime Novel duce bock to the lm,half of me nineteenth century. �f • .71.eln rmen01/00,nr9,A•1•l 10,f n�JJ If.Amem,fiti1 rho Npyelh,lames Fenimore(Viper's LIM-18511 mmanucircd storks relax./ 1. v •r `• t 1 I11' rdyGm&r.m+drhryo/wkrrath.1rlrrrn.e(iunrr!!n'm/e&. laAmerianhmm�and the,enhngofMatertmuies%InchrmulfNinthe • II '! i ■��.■iI� (.1 JumaFenimore('upper populrited rime Nose)A growing readership xa,no longer rcvtncted M • 7 0.' �,1' j'' 17a9-1a51 d el/7rie dk!-8tnnnnrRpnllnletrnllx1Ues ,S35 dKhigh wornado,etl.w,_ tineavice al �O /9► L(/l ."'' 4 �� )ie111 i `"- !(/ Sra /-'aj'• I ' GM wuFhl luau,Fenimore Cooper's ad on the h:YnicJ*marry �..r,. ,1f s N of the landmark wrier shex r -I he llama of the American -t . ) WI lk_s l - bl' y :t1;1�.1L•t�n 18881 BW r -,fe M Re,wtinn r«perxas nern u)rAmen an at.<h.n .kMxa 1 glxpdt�y 1`/ ,...1:-.1 ,1� ••• rIRE B ARY l�p9r""y � i,�� IB RYA -- ®• ��� `41.1l rcrhnfmiuim-C enture-Ih I.a,f.flhcxlMcian�118261rlkrrclen l,. Yt•` y.,,t,,-. -- ." ....,., •.... , I -_. ni Dottom4ndhnrd000d nest.ucn:,..1C,t and a.rr-.,._.... ,o Cooper's"Ilse Spy1IS211 about the,bnurican Revolution m her lens ��•'� •41- C Ill . ! _ „ne,tnrannadx rh a.ihn.r foundI r to him • 1' __ i•�" along the edge.M lakes and man.Trees and plan. .r..•..=fi� �Z¢ A :1 "Von q/b.n A,n:napl(!o nm�,w /.rc,ar�mnl. -"'� f7ap1�`�*�► II�� !� _ m this berme me Ilawkd periodically xiurt stater e. "y q l �'myr ./l .9"'l a. �. + .�' k,<knse.7he lkuumtlnnJ Yore.wswsn,man) .I ; (erq!((r RrnJ L'e.asry'NMun.(n19:v.Anrcn (n(rn, Lmrm I' ^)- I species of plant.and mtmad. 4 li„,hdd!3d)1eridm(unY6rar (mug fop.In lime my pan' f 'lb.!' un wrwe l01)di•kkat,the x<u-krwxn abolitionist. Y°i 9 Y i Ind later contains rot meek a the don a' I puns p,x by Lefler(n 7nn rt'Fenimore Cpn�n r ' �i 'I'.+ ,', i•.•1 Sawn 0.Anthony.xhub Idemt0ed 1'Ikt n.the author • ' �.- .�*. .. I -J, - or the scrim-The Women of the American Resolution- _ - T, __.. 1• ' In the later Elll fen to herself In the third , • .. .r+9a man person,• - V7/I.V,L iF (Y�Q,Q�i'!.I/.vVs }� n p - � buraryalrmgt in theNtnnamhe'emm�. - _f . , ..„_„..... r. '+ by 7 F + k, ' • , • 1w"yl r• •s3 ''r4 sue' ' Trail n Trail a Trail Loop 1 Loop E silk+!"* / •'r `� 1• • ,fp •y•l. L ��'jt i O.IS Milo 0.09 Miles C'/D BIM rr a�[t �/� y • i l• a f f! 34 tct- }/1 _ 6361. •188 Feel OAJ\Fes 0.BI\IIM R« IP err "R• -•11. %. ' 4.ea 4,,,,... 5� r ,4 :3W Ecet :4W Fan `Sia.y }r. 7 •' /�rf 1 1a 'w`i'�'6 .•,i•,•,C not teat. t� r 'Y N-14Ili -tF`d, �• 'l ys ?. tteL. "'d.Y o,-. — ::::i M'o....�..• i t� f. '•`V ui r r. �� • l � R .,•V� 14 1 •..0 e -4 00.1.......•.••..e r.rx oc.,r�awn.gw. r j v.♦ r; / CeruleaA t•► e r `1j i . —X91,A$h WiWA Box Elder �. .�,'t r ,ri-Pile ted e Vr'ar'bil0N i' _0 "N\`� ^ • ■ - r �", • i$. ;N( t _ ! ♦: i`` �R'dbdpecker .I♦ `�L j'Sl1 i"i :.-jr.:_ ' -/e, 41111,-- I • ti ' ,l l - jshz! IftJ G ldr '�,rO pgatsbyspreading '' ,,,-•• ;s: k�•' ,,:.e. ':ilAtiteTin - ;`;.+, �_._ M1. their rant system and seeds. N ra. IE iY , _���111P r„- e r I�� / \. / .. /!+ m"--a'"•� —t "+ Winn. 4 - j1 ..„.ar.� nr Grupe Vine —r - �� ._,,-1 1 .q :( . -- us: e w . Spring 41 1• a b . a: 't . / u...... ,Y�: ! r h Azure q� - a .: eras. i rv� •s-� . r,. )tit . ': Butterfly `' � and)au I am... alliiii0, '+' ° — y $aflp`drey uwa hag,have an incredible ability m sun Ise Deering«mp<m,mes.and m - . , - ~'� _ spring.non.op and hop away.Eared-hibernating rugs os ens Irlrtr under leaf 7 / _ .•a, liner under the snow,and non experience suhrreermg ren,perniMY.it.) f Raccoon . - •• ,,.:'. .• WMme became ate)base a layer ofall..that keep1hen1x,mt �. N •r 1• rind out more whom the tWnmmlan,l I meat iconic and in flora and emna at Jack-ia-lho-l'ulpil- a-'r ? i Gray Fox ! t. 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EDEN animals.including dinosaurs. - ✓' •3 T+=�t,, �� Sign Sponsored by:The Clark Family of Eden Fruirie KANE �?t "-r.• • Burring • s: I n `�_, American' � . • ,a,t �... g flb..l,I fr t Wk l md.,r l An Fran.❑a l,.nl l JcnHmv.awl h•1, f fa �g , Beetle ' r 7 �mDn Woodcock x YuenyIpmlhn�.ln..e.N.n,an..r.,Y.rttmnl. • ,t r v, "'er. ,, Warbled .'!. `'' •�•- N. •'� �'':- Wood Frog .� J ` - spread Rear +,nil.,eraser wash..mil fnurnstiw slink:lieu.vow.,: ea3'• I •- .t•- *' `t. r . kr Robot thane ndy.+IN I I lobo. �!.,l�r•� ./ .- �, ♦ - A '-r• .._ •��� :- / �J `• -.. bl t,{Nnn.xn<Ibrh l u..v emu,Capone...omu�kn,omp pR�F•��-����'\��\�``�� A r pnnrr.n(Hwnnlwwtmn �iC"� 3� �•.� !y - /(M r - WOO./ a rumoowtNh;IM/:,ropl,W'neI lo;I • / ) - ll FW and la.Arape lPatgnpMfn.nlh heowl llnnnrnnq,eml N'mm krmyl}, 1 U� r t ,ft 5+ c - r ' ." ,, :Derck'^ sad bon, m.n,al.•nn tiham LIEsiiviskill ^i' f17rs 1aW- 4. - '~' ! w�s..�... .. _ MwvsN" la.ay,,,rx 4- G - -v „r •• , 1. 5+g -. <11%., 1:-.,'- ''. .." ' ' /:..';'' yyTMi'+• .. • _ e e e a � .• Elizabeth Fries Elksliw ' '''•- �% - 1818.1g77 ��a /0_„/811°.' __ VJ,\- _� �, - / -•4x 1"ark hhli UMry , i Y A D �: One of the tart knuxn asriMs of the ITh Century.l-IinMh /� .� .. -'_ Pries Ell.'minx"cd west in 1852.describing wild R 1�(f�. //�(�/y�� -aiahc,in61Y1W Rice landscapes for an l:atem.IWientt eager w read about the • v���I���� ® V1 1$49-I8.5 Sq(t Fylma,. nex frontier.She mon Ilkel)trawled M'bateau past the "�'/ // (utrmx.rd and IWa Flder Avbrr spnn8llnoJ 'w I1u w/t MarSBdin,, current(t of mane 4""'° M , i,i i• .^ - t niwn pa l roam 1•n..� ;:•hobo `li Z4 iirlar eJtl X8nneder Rive,os AJY Perre4 i r • n 1�dr/v r va LL lU1a/(�/JI rH9 11 t3 i , \ lbe'" •n.n.alun6(rcmd JY.rler',-nfe,ILmn ( .ir °'a �,4-a. The Dakota rimed the riser t/ oft which mp -r .d .3 r 1 mi dtrc<6'w.I,ard(orm(nn xith Into„! ak ill WLv6.ria, !� /' .wY�" . 1 n9 "sky-like water'•The no,ll nwsofa Territory was u<r n u std a"xcau soma Shrine otu m I801 f n literate,rna:efIfalrrcrlj • named after the riser sallev and its surrounding area. a •'4't r t n - I w- ,8,,�, .rid xlulc onMwd the frank Steele he\mac uus It cPva6thc tr Ll/I-3Nmmrr RpmIIs3 s the We.f1Sj3 • which provided lived rid a,rater route for Native t 'i^ �' zi nutmeg.t description of the StmnoWU River roue, Americans.fur traders,and scoters.A healthy river 1 _. i ' 1 '- . • contains thousands of macro invertebrate specter Each >n rn A I gl 1 k stet*.l R Inns 'JYnAu ddo afumeeL.:Q,ernn!(v 74.4 J!(e Rrr.Y i' r (! t. 'Nell,lastntau has its own panietllar needs for survival and has adapted - md't <end lick ut l I I 'n St peel ,'� / �'s, t • 'Ilufe C'mx'>Siflane- .1808-IR75 •` odor hundreds ormitic s, olypryiO the rider habitat, T Lrlawn l(a&L/F cs 2nbInn lot bt l.,fl.ru(bm.lnnll.,n! I846.18d8 Ssm f nlmun.\LmwWtu 1Ii>tori.1 Society Macro imauMate%arc an important food source for fish. _ - IB M-n,rxna 111 1 Society - 9 i� tt n.t�. Its +}r._. t _ wnrmow&yerownmjGrowl ,(uf,oa,n'y,yrobr,n460•14 I� hints and aquatic animals in the riser biome. •• . r • nvr.�,Nar,rn,'Gx•(.gw.,(fundr;m 76r lrrm/rco Se 14 w - Ada anti stationed of .• �\ i 11}e (' fl xraArad r.' 1 Snelling In 1830 and Iron,18d1 W I8d8. �' !. ,� er h I nerd as both captaind nand e . ` ` I. Minwoin 1 i iL 1r u watercolors or \ ad .�.«o,�i'. . 71•iorenu'd;ea... 7, Ss...Sa n!fx'..- 'Weil `.,r.,y, i. Fl river mndwap.made Atm thepremier plceal.l Bulrush Wild Rice'• - 111...�vv t. hiator,an of the 19th century. �-I •,ram • i Toil'. Tr•a a ern Loup l d I op • _ . 0.12 Mile. 0.09 Stiles Cm Mosquito Water Strider Ebony Jeweiwing Creen darner Hothead Catfish Bald Eagle American Belted 6361. aes Feet uil.n <vI,. t- White Pelican yy,a Kingfisher :aeuf, .r 1,., • I'14' - •,L�� 60 r 6. )1,.. .„ Arrowhead River Bulrush •• ar t,.rce....,,o.1.0.ae.tw .g• n •.F1.`,rQ ll' 'ilk, i[,..,,. • c-..........., :4....1.......w. )Y .i'` Leech • o..n.....e.�..r...of > > r :71 Whirligig Beetles 'P Ala W l '� t rJti `. t ,C..t....a^ '' Wheel Snails - ---..? — ,• I' . \ 4 _ :�r` �dr.. ..,, lip•:',.,,!•:, `�`� Itedee - - ow you Know... j • `� Bahleglecanntik fly at lsools of r in odnbew 65 mile,per hero In tort night.and up to 'c 150 or- i-k Find on,more aM ut the Slinn.oln River biome and its nova and fauna as • i www.efeinterpretivetrail.org GM J/;,' tie; '. t• _- •-\ t•om-, Sign Sponsored by:Eden Erntric Lfons Club Ilk EDEN FilBRIE • s5rvul Ihm,In:I den Wuao l"m,a ha\14('A)orl an Baia.•ad 1' \ ,1 v 1 \•,., ,i•� - I w,xm aimhU'p to l kfmdplaa rm,ant Ilahita w'nlmd, n _ r.. . . �_ - -- t:. 1 ti •>�.. L,- -..\ i NcesalO<m}itan,for OrvaaanMo sm s.11nrn.manon.Uri Mandl.Auduhoo ' & _ - - _ J ,• -- '1 ,, '<irb<Morumm of N5ieirwlw:nob lla,hinh.ucfr eguninestanrrRmlwars F atunlM,.or\munl Rdacmn - - . `; - - _ 'lens lkxatsd M Ibe•K.vnl lk.ins(tome -1i. \ - Malta 'A 81mt ant land.ape lhw tsseh.from lk Arnbl tkvin tamp uN s'moc Rxitte l'e 'i wMa t*'ud.uppy Channel Catfish Muskrat Malta Snapping Turtle Crayfish Mink s. .1C_ kwie •:yrliw.Beaver s n t It,rdphre.,raeh,etmm�•im,nmmalpaaa,m,pnmmtMlntn.,rta", .e,. .9� •'.r' --j� ,. _ � +tr 3 ys ! "x?" ti p/ :. vt y a �a .... \ ,4° ;f)" , ° yy*T8�' .itoja,44„, ' / ti, . � ►� �•4111rIIIIIIb: 'AO. 4 Utz ►:;1 ?1 f 4' R tea: , • `i .s .•.gyp a,�, P'^ J .4. / r :A f "i,. - a fji . .1. „....,........0-• e S 11...,Edit, -... i•• . , , e �1�'a 1 Elizabeth Fries F.Ilct • /�^,} .:• ;••- ' ' s t r;. $1 �� "r If I818-1877 • II P%/ /r s►'I (( y/ /, ^-' - N.pAmIlWur.J'nnnsa) ..-,' v\ 0 �')- -t-_•�_ I,` , -I ; _ .■ - � ' -. 4, '"_ •... " Eliribeih Flip tact gent.and widely published sBioua llstGanCauou-k Chiefs in Profound lhl n.R �� D+.• -' George Catlin - '-/�//}�j� -, man many „ M I ®Y/R J -,.r•• , Ea • ♦ 1 ,-� l 1796-1872 4 in newspapers,journals.hooks maaa/ nh day ineludinc. 1E32.1817 • Crlla SmitMmion American An shn.an, 1 , . - ;1 - - _ _ Hamner wall).Na.York Fireside No l:lnar)BeadleJ Adams 1 lr. �!/I` //�/fO���v' W1 Carlin. S Dog Feast-Publisher,.and the New Yoh ba nla)Journal CI'!Vl/I/V/J11 IE1_'-IEtJ(',gKpp( 1 io Dog i American An Museum _ '- of him:1 I4mron In his tr ....,11 t 1 r his lnd,mt 'We f/�melsaamtauk,ata,rny I(m pme.na((h 6rmi nfMe Laf nfr (Ilk Savanna is a transition biome between tall grass .'\ -� ^am- g �,i coke...,Catlin n J I or tribes 1,"' .ffcrl(o,nfindonrtnmbom A,i,lma•Gerry Gw,a .naljk.wort •prairie and woodland habitats.`the diverse plant - .. and their dna)way inn:nIds notebook. d Galaatm.the avatar yrewvefl&laud an,tar fo.. Al 1 s,►and animal community has es Savannas support butterflies and caterpillars.which hI� Comn,br,nny,yalGli:rmy.6tyla,&at1gea, m.14apnran,f .* Inff.yawl a( t1klaofatAndo, attract birds that migrate in the spring and fall.When L- fn "'ti''�' n,wfdm,SePD,.inlmfxarfd6llauiub(r' •r`1 - Hid visited Allnnesota in the lrhh C'entur).snlall _ .r- ua•rkArftaiyi Jroee,GB a,G&nwr,naiSaa ,amJ.Ami e Eiraba(S'Frta Eat-Vmnnflt.9Ptlmbfttrn tbdluta,t853 -I r round-level shrubs like l latcl.C'omus andl)ogwood, t 1<Lmm�a to of Loan.r�mm.L,.malnrkm,oc a+rl ant ns.n.f ! ti-. - were common in Oak Sasannas. r'�./ r A&Gn deailmath0 01MM4lh.9n r8gy 9,ttnaa•rcmafs:nftolk o& " - I • Sfa7Ant4a ,dnnin9/„•34a6laGKrnael r /fl a,,aar J;tN-.11• i���/,: .�L).. .7c'�. - annuG,irkla man awn,6rwnnFc,Al "-edam Ii ,edam;Norr-asnlr&ewm anurtir'�rrrnastas. :.r6lnx m?ai .hajS • '�19 • •� • and 3 y owe.'iho.450 i t rk f•i2 of ArJro,y rmn,Mr Ca/on.( L t.•r:al,.•: 1 +.,�,1 �1'a a Anikny.9amr.4Arkar.a<r.,hill.' Slow ctw .'en rk caawt 1' 1;• � �11der+c ,� .. F ;'nine.m/Gmya aoiom•ymmm,w aka/' i � Catlin Notts-Smftfinoni.n,2t lrrfrnn Art Mums'',r850-1855 I. t { il"' Canada Wild Rye Stec. Y !.1.--- { .__ Y1 sa'' . I i,��$ -- - ,•TnitA Tell B Iran Iarop Inil L.qs -" -" min Snow Be - a' �, � 1. +-r I ..rf)!il!._ ` 0.12 VJc. 0.04 finks <,u {i{!C. phlox Molh Sphtnz Moth x r�.t: R . y• _ , wiai��.t ew{ea usFert 02.i2.Fe. 2.9rorokn 1 a r• ��II Red iced Indian G ! • it .��}' r� ' 4k3 rn•.... `z .M Red-tailed Corallial Chickweed ea� •• . 1. .' o.,...,.ra._ w Hawk Wreak ` Moth f!,, Little Wood/ .Satyr / Jl . Woodegucl/ r • I ettie I, ; h KOIi Nik NliWi ,, • ' o 1 Ira* y 1,{. l le '*. -' ` `+e�'%/ ° ' , 1- /-' _ • 8..'...� 0.`.o...' • / A , j �a •1 "� as y tr )/,/l%i f ,!t, V :` a';]ic's 4� t 1.-�- •• r' •�'/�/� , .�' f Old you l reusd I'I)ukhm Pmfnlm a natural Mr am,tnsl smire b)commit i -p�a.Ft"_ � P- is Ims.,than SO kinds of kcal..along with wasp,loses..,.flies.mosquiaxs, p]aar-�> �• - 1 f'- ', _ annshopperl aid.,katydid,much,.w.Tp Il. cnaa..and olban mien. ?irit:14.' A r - find ana nnncabout Ih 041,1amm0 DhMlemN Its Ikea and Duna at " o' ''' f r " ' :�• www.efeinterpretivetrail.org ,,. , ?il r� 1 t s4' t.7Rra l , :• t : • �i tip. ` .: f [ � �'' ,I \ f t -. ,y.,_.<ya/.�,..�.,✓,[x..i.7-:.r sL. lip . p pI �C EDEN "?�. ) �� - 1 'f'!d:'' ;/. s - t '• T'ihelkilcn Praise Foundation FMRIE Y�TT I s i /. r ,.,L •. f 1 C - '� r.• 1•` siswllnwn.b,iiv titan rn.,.I�wn.InaC71r N / , • _ /•i.. •' i1 10 /,• .t r { _ - WM.. ongIr w uYsnJeta.�Wnnal 11awm%IWW I ri �. r / S1 '' _ - Y r ,., • Metal Nuapaaw.ka that lw.ban•n of lnnannNa hiar k\lartelL,lukd.,, �• •'.. /. s kllercm,KM.taus PhD./IN tkour nanl.l band Ite.,.u1.Nth,tiutnc ;1 a , - - snow Mun,m of Nln.nan Bob fnvmp1.a...n.pntmrnl ut\.nnl Kavwna. Common Eastern hirtcert- .id `Olive Hair Great S. •• a¢i Ii' t .'t 'ellow Collared , Great Crested Loggerhead Red-headed Cloudedy..r' signs l ersuptest hy nrkeanllhv,a./..r Wood Nymph Chi unk' round uirrel Streak' - FritID� -- Caterpillar Ch ls'1 Sca Ninth � catcher • Shrike Woodpecker sulphur,i Plant aN{ads..Phenyr{A.n,m,lbkvm.IseuaIOn99nalWm.nBen eI't. p� 59. % rY fP Pe ,• 1 flycatcher P ntn pr,Mrya.nr.vbn,.Annul Ms+wr.nn rmm Allen B.Sheldon . • • 7 nII N'7J ltl" •r -* :ef0e. t - t. - V �, ,r- 1` , ' .',„_ • lig , _ , ....f.,., , fir;ItL L .,,,, . • .- ... e t . . .. t,...04.,Jt. of 1, , 1, Elizabeth Fria Ellcl Il_ .,ea A' `�P� (�}t�'A y § - L ' r .••»18w8Pn18a i7hmrs ;rl.�u-`� ✓.�:•/iT H-r ..�1'!!R 7 `h 1 P '� r I ate • I:Ikt is credited as the lint mrneanwrittt terecord hisloriml /( accounts ally role uwnen Played in Fuming the new nation. _ _ - .. / _ _.' � ��- 1 Iter three volume series.The Howe;rJtlre Inerworr Ronhaioo, ..'1 -•• r i (� •Oath..,! L41fen,G(aenu ynulnnGraah/Ip nerd 1• i •. V • ev t L f-}titcl10o Teri •'. ra 1 / Gram Gres ,,ilh nrurffynne ry!kr ar/"I/k ee,e desire,dr Wild Onion I' bne roan*Gri lbe;mid�tip fa(or ash• _ �� \ I �1GPir � �a wted Fterbar%uwt ,� an rein Ar fy mu!Amu Al"�i�wG.run • Praise are a I)pe of g„wld dominated h.herbaceous r — lir� .mih 18J8.1921 �, • " /Im g, r�f' �"}}g9 7 plants with wukty watered trees.When the xis ters w.cd f e / Smllht - EGmbCIbMClE((d-Jp,,,,,•mie4sin((er Weere(855 »estwaN from the(melts or Mt eastern l IcJ Um .they nrple Prairie(io,er Po%que Flower d —zT£_t,_ ,_ _ encountered vase mno,e c tired the grasses wised en §I l CWlrlftel+-ev4! y 111,1 n lh.nneo aJa m 187:to the surface.w they culled tbex agons used by the pioncere Cur / 18UI She was rh-turbot alumni.,ef l/nteewaeplm¢n schooner, (lack then \11/19 11:' 1` palming prcinwmM flora pan er/o Iage.r so-prance i!o were ekvated on hotreeW:k or a ne at ` \ !.-\ collection paintings. r.swat rn..rrRh,.w..n.,etee:,n.e. E 'you �'" _ r, I. 'lit rIl ropm,milrresherIn ar h,w aatnar a.mxpensible to see u-malhc Fame ten the Mtinn \ Y .Cr In huhar.aalhrka0•Ilivrr"l.)alavat millions her In ea It w L rP' Catalogue pleb Fleet .Ulrrnnwa In 7R34 IINslarav urlWwlan Mtndl'uan {{{ aif I I.,I.met eAMdn limn kterrd , Kaefr.oe sr ldnn Rana ; a4e..Fi+eefwla+yeinaL'.atsanlrsj.x.d..y.n MI \� ,. I . r `: it 1 'ltiun TrllIt muloop Ihu I.agr • rr• t S. �1 : _ - (1.1:bliks O,PI\tile CID h1I/ 4O20 Ten . '"� 676FM ado keel 0.1+\tiles OSy kliks w1� 1wa late kJ f Mly r�a�nm,..a .,«w. al 1.8I 1! - �. .. c ci.n y:t..n.n.,. I'It ad .J � 1 I!nin11:J Lad, �'lSiR591r ? 9pwe.-a...«et,.„ t v) `1` IIp11I1 JC,I�Viso�1 Y.OU AI3E NEW: ' IIeFU.MF.rt4ViSNk liuucrlh Kingbird! f ' �4ilfe �I nlalcli a ` �5 r •.`. I�1Ull LIy. • lilt N'45 .. . 7 R. Itnlprlh -- ■1. tr _. ,„liwimistliot— ',... • �` iyi{t 4 r1 �� ,� \�� ram .— • — • Leadpfav A7ember of I / . , f-' 1 _ cam . t,- family,1t bare fertIlleeiby �n - '� ��•W -.:.�r _ PellrtemOn . , >a lb eooh 1 � , ColII`ln�On I �- 11`1l (' ��' ar.n•r.�. M..te. J k 1 n tlliWk \,Y�,1 \ t1 \. ` �. _. r.., •' '�.. 'J.-- Y uee� • v . I • `e.,t J C+• •:•. ,;"o .1 \ �. N:astern Tailed - ♦• �:. ■....r.. . jr;..), F,� , T 1 `/ i 14/ a.-. v� ,I :.'.'.'' I \\• I3Iue l3uttcrffr' tl .._ p. w. s i�. a� , \\ EtuternBarter \1 \\�:d x ��-', / t " . y �., % Red Fox ow)...know... \ r r� Snake ` 1Te doer moose that IN e,m the Pralne hat(ma Itie.on their Iron let%and hvc � ft� / X f Ime.tnxv hak fMt ;4 •c. r,r •r ti + �•:-• .. • e� .a'e.\ i r i t `\ r.• i. ; r> mow ,` Frnaent n Ic abuw du:l'ndne Fiumen0 its R.rn aW tutus at ,, `'�ti , ° !. r r� f`N; `, akalit4 ' " wwweefeinterpretivetrail.org f !Unreal + "4 C.Bfacic-o rd Snead '( �\ § , ` 10 t,s ', aV ril �.�. ,. . �' '\ A / ! - " ,,T�titan Lideil .Easters —7'Y,./✓�. ✓s.✓ _., i ia 1 i > deer t( •` j ' /,.\' Grotimf$�dlrkl Meadowlirk:' EDEN . .-. Moose 1\'`3 ` 1 1,l•-• V _ a4'' -• l sign Spoacond by: I!• PRAIi. \ •'•, _ 1• ` �. 1k 9 '/��`+1' Y•Nat 1 S I 1.7a I Metropolitan Airports Commission '0-11111 1: C. 1'. ,'\ '1..Yr- • •sat sy \ !' i eei.l Wok,Iry Neu^P.Itwn nvp�n,t rmm..wn tM l ny n116n 14atne.end 1. ,Y \\ `�, y 4\ 'y`l• � N'ne*.RwnplPro lkf<N*lax..vaural Ilona Noland• 'Red Milkweed ` ;s` . r` r� ' \ Beetla A •/, ti Settul Rae'tmltam e.0..c..bun...W lnkonun u:.lak,l lI,wluM `y 1 /f Mionenm.Rohn Dann PhD.MNDepmnm or NaturalRo R Ruler. � '� [ ``• -1: /J M SeerteaSI...of Minn.°.l40h l attune....IAAmm.t of Natural Roots., e j + ^a_ 1 Y' — '1_ y / '�,.". 1 /' ! _/.\ >` ,, IK+ItaJM 1he Kestrel l\ern croup \ 1 \r 1 ka mJ 1 and.capc I'AmpnPM roue I be ke.nl l,nten(noun J N II r l p .. .. yy i`� _ ...a -�•ti \ -1^+ ) '1 nmlt4.wznMsrnmtk�ronnnwn.11+a�lugnph.(nannmm�.v.wmt WINIFIrr _ ''',,,,G'751. '.• . rr'..,,r'''.. ..- • ,-, 1 -•'-'47' .-48.r* "'"4. ..'40 • % $ , jpe�r. IV1. c' ' ' t• . :,.rf ".-' _ - __... \It, ,..4k k,:, -„, , r• { ,�; r 1.:�' 'Ss ,trl�r b I',.,,...• • • -,r rq:� .��1 !� a1 �: 015 1;1111:''' '''''. _, FAL • ,. ,. . y L?'i frve „,aa< J! r i''s, 'Q ! t. (E4 ' i4r 1 j '1�/ • Fairdwfh F'rks maim r b �� ',- +�rs I8IS_1877 �Z a e .. ;r P.' � rt,^r',� - lr, ' I. 7t1 /) �: 1.ltm.ilet .ee . a, f' 1 f - _ I. r r D • ;tl:� .ice -.�' Ai �i a�i h�/lire 1 - r '/ r _ Ono of the best A ur,.n xis rnufher dry.II published i -,F h,09.1 Allan pnii0o IIy In 'iJe,witry of gam.In rya lrtcau.0 she �� . . 1 i • , I SOI,h ,i.. — !Pined la follow acttged roles fa women.she became t� - ,,r p t• �'r�} [• {(7 embroiled In pubbe bank,wsmh ennnInemt inure)men. +% ' - �O(/1 e l�rs l.-Lt&t U's 800�r I I I 6 stm wow,were a such ao Edgar Allan Poe - 1' - V 'err nbrbm! ni nAtrm/a.flr minAnd.," [/V�ij _.. a. Bent r N York a publisher of New xe¢ ,� �• It • _ �/ Y/ --- ,�v�7�i sarahJosepha ! ra44, 0 ad Journal I h mallet m a Idiom)Suhee JO."ofimedf7ooa mere awe•.nmar�Mr�r�.nni16 rArI,finvitban 1 d brine � .rah dos. ha lint .'y V-.. } I C h\,poem Ind mitiuedhb,bNman}nf /�/�/fJy, A I cA L`o y 1 I bah l lki s paws and Mem rl her Mai m his Mee f� OW 1 SS-1879 l l -Literati-of New l'orA wrhm four dwm p.n.a,.nmy A y. / \{�t(/R V ff S.w lot ratan I dwur, +1 Is ::r Vm(wtGrriaZiff.Simmerl'sprnblesinMe'We1.f855 i .. A Sedge Sleadow w the moo Hal ly pc of„cdmdhuhiur. otters . Frtmn Tb Rrmulxa J*vnW,ISO u. • meaning mom,wring area.and urn n \ iw 4 Ehat} Se dplains they re dominated b}sedges.Tbe,od in a sedge - ' !I 7I fin YuNu'f ANurr meadow is formed from the decamp shim of sedges There are -alli : i F_ a .yr • - _ ilea K.M,rkr.+wary hundreds of>pecies of wager in Nlnnew,u r - _ • 1 . _,. _ Yrr+n••I.h•lr..xr .-_ _ _ter_ ♦t 7 f Sarah losepha Ilak was eJnor ol(iaky's lxh•a hook. aaa• Fr _ II� � 1: II 1 ^ - Iwle en,rnonedher nug'no as u platfomr Io lnnher the 7. I _ g`.. 'fi' I .i -. education of womenllkts pmn•were wiletr wmghl a - alter by magaima welt a,this. t_, ' == -- ` ` I� r �" /, �{ t ^ -4 . . • ' 1�1i-tt ' tss - �TraiIA Trail II Tr(S{mp I rail Loop s t t I / %VV. t, .•�� ray �$g' �� � ` 0.lavno 0.whhlts VD fire. y rJ r r— `-d,' �"1:'41 .: 4 * 11"Z':A-♦ 1,,•fIf `•s G36}m 488 Feet U.aaU tile; oty\Kilos '1 �� l .1 1,,�, �.� 1� '1- 1 �'{}��l 11 tfFp/•.fge err ! Y• 7 ♦i< feel -V.O tm il;l " • •,„ •'M1 _ .T^. I Na-:•-->. s* r'• artherlf �.•ri �* y K i Ia.4• t a ar..r�.r..--.e•;o':t...• l,,I t Flicker ?'�Y7o�pei Illa .r.r.wr.. 1 I J� I y' ;�a > .>.' 1' "'^ �' Btltltl9y . ... r.«..e�..rr«.n r'- i . . '� KVU rVik wpm I � `. .. - . Joe-Pye Wad c �04" .. - i P.•. .lh: N ..�', 4 " o l� e- � t ,)wr�t,,"� astern Tiger cc t ■�._ .'r '' �l,y' �s�_.A Yj,34' wallowtaii � •Red- 'lag d I■ ■ ■�`l� _ _ Y rah , •} .— °. Butterfly "' .. -. Blackbird ` 1 : i • y▪ i. _ i' `'� per T.,L ,b- . . '♦ r c=' t + a7J . o- e_ -■ b Lim'.Yesform a cap bat - ..` c e, e, p■� 7Agsj Goldenrod '�'«�'Y .. - 110 '- ,�i' 'leti'e., f �0II .. � L1w+w...mowduo • V r - _ y }Ij'} R''_ • .�'A'' i�.. it �rw ■r• ilglp r� !• i Egret t- - ;4.4 _�_�•_ Pied b e11111 t� a 3' ..._ a.. i 7,� Pr�+�'s Grebe "k; , off: i I -,;�,�, < •'1' 3 _' '\ 7 Did you Nam,.. •.•ti, .I r. 1 r • - � ate' 1r., .,, 4 ltiyr y J }fi�TP:j4,V '"�'l \health.sedge meadow would Include HUNDREDS orplam span aril as a0:11,17,4 i' ' {. i .r. - l' 1! 's' J$:T"1 y Is1, BIaC1[ s Katmai forbmtdmis Of MOUSANUS ofap<c;a*foam hying Minim lde birds 1 a (I i ; ~ • ,' *tam • \ ° a , .• J I � ry '' ' ` I -Y. - = 1 f nJ eM mote about the$edge?Meadow Mome and n,flour and lawu our / ' ` v -. r> JN ';, �h= •" , ,•, _`a - Ter, � , www.efeinterpretivetrail.org a h Lh0 .. �cQ•7 If �,_ ` rf r• �J\.Sa: sr ,s:•_ _ , • ''''A' ''''" .� ,t, o, . ' • .,tea..- !s• 1 r '1 .� = ,` I. � _ 1r,.'I,' r�Y I7 t r� x h`i -- - �., _ T•a• :P.,r ' .� Sign Spnnwml bl:Eden Prairie twastlab l _ •,MIME j r A. • 1 �•� •,f }(� •� s/ f(r�m} tY^.�JF !� ;.. Al • .• - t,.avl parr tn{dm Yrm.lanw/'b0.lhlay*Perineraekd _ "11 ; r I%` [ ~r t y l ��'1;. /` I r. J -'mac!.- KrmrRwuy ryr.•(krollL.Vutmllkhur NSW I`J ff� f < r elk t z �` Kr ti F ' 'tiY, r. A s Spaal fteooanauv,tat the l.utm,bnam W wMtnuu.we\We\Wan..AUJW.r i � ��I ► / I, r •. Allaarwxa:I4dant Ihma.A•Ir\I\IAltumaa W Neural Ycamrse+:Nm linter. L _ .I et• ' m •7 'E ei� l.►.,,Jt_ .' c IIIII n + +-,' �' iT hr i; <\tw.amanbta..a..Kwhr+d,;nvwa,.Iwrvrmwt.yt..,m1Re,••oR,. • 111'1 , • f r���' "` Ik& 'G I ? i' �( ' J.- • V' 7»•.r�/ (� �. \. `� vgnf\ono Ian Neural Ix yu(mee g. /aJJ..!! 10 \' ! - \ Okra end*arasora m'o melt.I 1 Atwell ooanlrn eta and earn 0l•wa t'p newt er • � a "•• glikt, •I • -• 0 �, r ( ��`+7`rl_ ''\ t11 a=-� , Y \ NM Mnwynfln enmr YAro Anemut pnrwgmq»fn.Shen It tart tam i�`'"i:-a I y,4t. AO . 'i . .:.:'r7. •.,'., 1 =1 I.. w�.•1.z � 'j. •, < 4 r t ,W *s -.�, �'►` ikrintftr , A I 1, .;f ` • v1yeF�..t ,. -.1* . • 1 ,, 4,,,s ,",:.j _ I. . f1�;'-••. • •S4y Z, '.� �� s .-•�1.8.-,••v 4 Ee L - - - '�.i /_s• .1' r',I► ir IP . arc._ , oe .., i. .,,,-,•._ .. : ,, ... ..... • . , 4. Settler's Ridgeneighdnhalsitsonmenmrohighabo,etheRichard I `. r I I.Anden,m Consmwl.m Area 150 ll ah.e the Minnesota Riser -• _r 1 •e ' ./ Valley l he beauty of the arch compelled ntuny omen and area. , J, - -.411.41 ' - ofrim I'lJtcrntunmrr<oN their impressions.[hraMhFri.+llln . 1' y - r .II..!1 1 1 .. Jcunhd tlw Iwawy.f the Pima comet a t' well as the types of I • ' �.�'� I 1.7P rl c ' ' / ir,e �'.r '1 (,}, ,r•,. .. ranyorMtion she V as dw toured Minnesota and striae { �.V V SS.. 4/ +� s1 I ii r h I-`- �_p--. ., about,tinluxbokSt.nic,koithloi,eeursr p �/\�� �l '\ '\':r +*. / $- F ' ,►+` . \ • 1/ / t•? . ,�%� 40A/L/ , +11�`,Cre .� .,. . ,. y. t .t,y`7/e l:r• ►•r Q �� ,n ;4, s y^^,., �.clr,3r \ / Y .,r! . ,, - r, g, J.Y ., f 41c (, k1. `; e. S a�l�r�� e ' / -�,. • -'LI l.i/`' arf+� ./V.► „rl t L�`/ .sue , _ - _ a °. i1 ' ' /�/ L, ,( '�'._, . ., al A► ,f, .e..11 y I� � ; 1/ e ..„,..„. .4. , ;. •' rir -il, r hlln»bole the Phirtl.vr L.ne6v7rr in 1857.11 i+a ColorfulC. _ JOC its Whitney chamcteriratun ofl9th Cermtuy domesticity including advice on nl,s e.e,.—. ,„ -e ,� '� 1,, /� v12 1822-1886 housekeeping.coding.soaps.perfumes-arid medicines. u:2.1,.. a..1.11.. •r..+.w.,�a.�...: ' Irr..sowr • 19t/I Ce Ort�rU Nlmcr.•unl.n,n,.� m..l-.rr. N,.NY AY• lark.... , I.�.r.r.,..>,n.., ...r.NM C.l .coins "7f.-rn JYmmm�Gnlnlv(la,o< oudly+/Omnsmab Jut ,,;1;.„xr"'".:�.�.,.,r� 11•11r-borr..•11 .yl` r.rw 1-w ,,.,,... noel fninims Wham,began lit t le.l.guemmn an in St Paul in ..a remnr,.•f Mt,Nom..Ninny Mello wlw lrt , Me MVP ^'1i01ir now'wr. "tar?,' .r91-�Ir.+r «�..,n....., - ... Tii.wteLt.we hi with t' C.Nichols to 1151.Wildel_Fellet n10 J qh •9011 �I:.;r...a .sir. w, r.r rrlr—rl� I.a..,.wtr I.annets Poi ...age irs,•nrn7mnAoin no nwofkir0enr ,e.bnnsr rr,�.7....L"1'I' t.,..rwl�` ata.lw.r fv.a wa..u�r:h .rrreu.. s,�.II* n�,» Ilas vllnin the area in 18SL Whitneyd die (esSiotul •. t y..r.,r 1..�.-a. .rr-..awl... rr-r M r.l..u, +. �., g troy Pro IltavM•n Iarv,i..�<warrn * '� s►r.r.M-.n .M,r.arer bar YIA. rw..la..r.. .n•IM ln.l... Ja 1 :\Ie.ander 1km Sn 00 taking met SO rft»s aeiAirermmJe!mnrrtnryneulrcnln/nnnnn canna talky'',(he Os*,h.,M,.,...,.rr a,...... ... .'..,r. .. rrn.n. or*m•,.+nmp w:.a..nv She Minni.l rig .�SxJ,„lvne the ya.f(rafaM fit lm./„ rfus •• Y IM..Y ,�„�,r,,. Moo tw:r..rr ° y,ns*ma "n•N'r"'r nWwa' ,..s Of the Mlinnwnaha fans and l-wt Snelling.Whitney has been "°rra,°•1se,fah,el t ,�. i'^•n'oweto r.r of, 'lomolon r •aeil" .on Ileo M°`alOnion.a. it .. .......'°rut crNltN for Wing the finl to»n slew of St Paul. 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'uf 14l:•76 w4 snowmen!.1,c I.4�Ohs, ,.the74 �L A t 1.-7.• _IImuae.,ad p[n[.allJuundwJ J• - -�.t ,, ... •1'- t 1ARNE oils amble Iwts.wi s.adr.h+.rdhe rm: 7`- . �_,�• ,y►wiA i6. _ » ea«he,n.nlr.�oe.s n n.. L • r~ If Gay N .•I;m peaty,.ealdr Ns+4 4 , _ _ .._.. .....rir _ �.....o:-�i�1 T :Car 1 bob'k lodged aldfvl "• '-.r' ' •.,}, 'N ry`'e,. I and p.Wed..11>mndrre fro , IF, ~�- I.�( - dn'tansy AA the nand lrts mrt! r{`` L • e�-+.. ^n.. •. ,n - ,• ( ,dun!.)host••ra line.u.»Ian th fume +j��� y^ef ' v f urN '•',r.0 -:•ri; r mawn,nn... v.Ine ardor On m+. r , j<. l e^� ` 1 �. u...�.. p.. eggs laming.a{.cd.hc rvnnnn..f y 6 I M..' - - - ta.na..,..rnn �/.... r., y .a .._._.11 r ; lip 3 t/- ± _ OW You Rao»... - Ai - •• y - .• ' !, { _ Eden Prairie's lint'nun hod nuettittg» helJ In.In an.snl house rn a r - y - _ May II.IgSg the wine day Minnesota became a Cato. T• �l i f �';I' """Mho, .' Edew PrGt�r%e's D. T��• I'jis, n.+rho the . _Finda,wnnnm aboutlsknPrmr and it,hiuory al I I,a.ranflakmar• , y sett4ewLevut .�. Wd n d Prom efe� etrve �. iw �W �- �' war rpr rg w n e rai o emi Our' SIII i�T+r' {' • lbnewew x •'�'' .` t ERe-Spnl0urallet1 Eden Prairkl:knsClub , _ ,EDENNE oe,f»lattw.Irnwte _ - .�Ila.-nt Ihae In Wm lean l bons t be.1.1',0 of EA.Now.wl 1 E p�'J M knot ar�.e'vife, ,`'� 1 `1 ; nn Reim l.r Mind Inset Mewl uamea,Wolin!.�1/ • comnle.t• cannons a rl stoma? 1.� �} '_ `'4� i . G' b. hub a recent f '•L t6 _ •/ . _ _ *nailanrq,u. lye MMl.m nl lnWmw.,,4 Mr.Monet 1»lylen 'et a n.wnexn:W,km Dam.RIIl.MN 1 • ` ' t ..� l� arti wed pa.d rihai„,,,i,...._-- i � 11.a 1 Yu as Akh lbry IJI _ hl M M1+I,Iy.ar�inryhnwtfMpntmru(vrmsl Ro.m'sa.,. 1Ifaa ra , _• A,19•� ern th r_ - I (��������'!1 _ ..... !''1�`y�.- � r.:t.La ` `-_anklIaml•cl.�l'Mnn..r."le oaf I,I1no 1 Ix Aemall lnkn 1 n 1 and Wetpn Woo I,p - -- •� !!/ • • >��. s _'�? _ . ` A. - - you rwr,n,p»Awn Pete,.annual Id.•I,hP+td,•rmr Ai4n n.tutu„» '!•. r.- 'fir :L Final Text Corrections MN River- Change Ellet Pic to bowtie pic. Okay MN River Text One of the best known writers in the nineteenth century, Elizabeth Fries Ellet,journeyed west in 1852, describing wild landscapes for an Eastern audience eager to read about the new frontier. She most likely traveled on a bateau, a boat that transports logs, on the Minnesota River past the current City of Eden Prairie referring to it as the "garden spot of the territory"in her book Summer Rambles in the West. Sedge Meadow- This text has yet to be put in. Both Ellet and Poe were members of New York's literary society in the mid-nineteenth century and attended the literary soirees along with Sarah Josepha Hale, Rufus Griswold, William Cullen Bryant, Frances Sargent Osgood, Elizabeth Oakes Smith, Evert Duyckinck, Anna Cora Mowatt, Mary E. Hewitt, Margaret Fuller and others. When Poe met Ellet, she was the literary star of the day and though she is still acknowledged by historians for recovering the history of the founding women, the bulk of her work has not achieved the literary fame and acceptance of Poe's Bottomland Forest- Okay on this text. Ellet is credited as the first American female writer who recorded the historical accounts of the roles American women played in contributing to the formation of the new nation. Her three volume series, The Women of the American Revolution, showed a devotion and commitment to restoring women's place in history. Ellet's mother was the daughter of General Maxwell, an officer in the American Revolutionary war. Ellet's first poem appeared in 1833 in the"American Ladies' Magazine"published in Boston. She was a frequent writer for periodical reviews including the Southern Quarterly Review,the North American Review and the popular Dime Novels of the nineteenth century. Oak Savanna This text is for the Bottomland Forest Ellet's non-fiction travelogue, Summer Rambles in the West, was written in the same era as James Fenimore Cooper's fictional Leatherstocking Tales, a series of novels featuring Natty Bumppo and Samuel Clemens's Adventures of Huckleberry Finn and The Adventures of Tom Sawyer. The new territories and vast landscapes opening up to fur traders, explorers and settlers had an equal attraction to writers and artists, who marveled at the vast wild prairies, endless bodies of water and the customs and life styles of native people. Okay on Settler's Ridge Text Settler's Ridge Ellet wrote The Practical Housekeeper in 1857. The book contained 600 pages filled with domestic advice on housekeeping, cooking, and commodities such as soaps, perfumes and a medical guide. The book is filled with colorful characterizations of nineteenth century domesticity including the "ultra-housewife"who"damps one down with soap and water" and "poisons one with furniture polish."There is even a comedic account of how long it takes a "simpleton"to boil a potato. Ellet depicted women's traditional roles as mother and housekeeper with humor and literary playfulness. Though she had no children of her own, she advocated on behalf of charities for impoverished women and children. 1 Big Woods- Okay on Big Woods Text Ellet's contemporary female writers, Harriet Beecher Stowe and Lydia Maria Child, both reflected strong abolitionist stands, which were not shared by the politically moderate Ellet. She chose not to take sides on slavery or women's rights. Instead Ellet's historical writing concentrated on women's contributions during the Revolutionary War, which included the search for private and unpublished letters, and interviews of actual descendents of Revolutionary women in order to bestow on the founding women their rightful place in history. Ellet was the first female historian of the Revolution to do so. Text Changes- Prairie- Should be Bottomland Forest Text MN River- Same text, keep. 2 CITY COUNCIL AGENDA DATE: SECTION: Consent Calendar February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VII.F. Community Development Approve Rehabilitation of Edendale Residence Janet Jeremiah, Director site with Community Development Block Molly Koivumaki, Housing and Grant Funds Human Services Manager Requested Action Move to: Approve the use of up to $75,000 in CDBG funds to rehabilitate the Edendale Residence, Inc located at 16700 Main Street, Eden Prairie. Synopsis Edendale Residence serves a very important role in our community by providing affordable housing to low income senior citizens. The owners of this site have undertaken major structural renovations which will keep the property viable well into the future. The CDBG grant funds will be used to install air conditioning in the common areas and hallways of this building, thus providing significant cooling and relief during the spring and summer months. The estimated cost of this project is $116,000, and the building owners have received other grant funding, in additional to the proposed CDBG funds to cover the cost. The approximate current balance of CDBG funds from which this will be allocated is $169,308.85. We anticipate receiving $150,000 in rehab funds in the 2007 CDBG allocation This will be structured as a grant and not a loan like other rehab activities Background Information Edendale Residence was built in 1983 and is a project-based Section 8 property. It was 60 units, including 5 handicap units. Residents must be at least 62 years of age and meet certain income guidelines. Attachment Use of Funds Agreement CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT THIS AGREEMENT, made and entered into this day of , 2007, by and between Edendale Residence, Inc., a Minnesota non-profit corporation having its principal office at 16700 Main Street, Eden Prairie, Minnesota 55346 (hereinafter referred to as "Recipient"), and the City of Eden Prairie, a body corporate and politic of the State of Minnesota, having its principal office at 8080 Mitchell Road, Eden Prairie, Minnesota 55344, (hereinafter referred to as the "City"). WHEREAS, the City has provided Recipient with a grant of Seventy Five Thousand and no/100 ($75,000) dollars, the receipt and sufficiency of which is hereby acknowledged by Recipient, for rehabilitation work on existing residential housing located at 16700 Main Street, Eden Prairie, Minnesota and legally described on Exhibit A attached (the "Real Property"). The Real Property is owned and operated by Recipient (hereinafter referred to as "the Grant") The grant funds will be used primarily to pay for the cost of installing air conditioning in the common areas and hallways; and WHEREAS, in accordance with the provisions of said Minnesota Statutes, Recipient and the City desire to set forth herein the provisions for providing the Grant to Recipient. NOW, THEREFORE, in consideration of said Grant and in accordance with Minnesota Statutes, the parties hereto do hereby agree as follows: 1. Recipient covenants and agrees with the City to pay to the order of the City the principal sum of the Grant, plus interest as described in Paragraph 2 below, at the office of the City, or at such other place as the City may designate in writing delivered or mailed to the Recipient, upon the occurrence of any of the following events: 1.1. If the Real Property is sold, transferred, or otherwise conveyed(whether by deed, contract for deed, or otherwise); and whether voluntary or involuntary, within five (5) years from the date of this Agreement; or 1.2. If the Real Property ceases for any reason to be used as a HUD Section 8 project-based apartment building within five (5) years after the date of this Agreement, excepting the discontinuance of the Section 8 project based program by HUD unless replaced by a similar HUD program; or 1.3. If Recipient ceases operations for any reason within five (5) years after the date of this Agreement; Repayment of the Grant as required under the terms of this Paragraph 1 shall be made to the City not later than the date of closing of the sale, transfer or other conveyance referred to in Paragraph 1.1, above, the date upon which the real estate ceases to be used by Recipient's as provided in Paragraph 1.2 thereof, the date upon which Recipient ceases operations as provided in Paragraph 1.3 thereof whichever is earlier. 2. In the event repayment of the Grant is required, Recipient agrees to pay interest in addition to the principal sum of the Grant. Simple interest at the rate of five percent (5%) per annum shall be charged from the time the grant is first funded. 3. Recipient covenants with the City that Recipient is eligible for the Grant under the following conditions: 3.1. The Real Property is owned by the Recipient as of the date of the Grant, and the Recipient has no present intention to rent the said property, or to sell, assign, or transfer the interest of the Recipient in said Real Property to another; and 3.2. The proceeds of the Grant will be used only for the installation of air conditioning in the common areas and hallways of the residential building on the Real Property in accordance with the Plans and Specifications dated prepared by ; and 3.3. Recipient has made no material misstatement of fact in connection with Recipient's application for the Grant. 3.4. Recipient further specifically covenants and agrees with the City that Recipient's breach of the provisions of this Paragraph 3 constitutes an event requiring repayment of the Grant in the manner provided in Paragraph 1 and an event of default permitting foreclosure of the Lien in the manner provided in Paragraph 6. 4. As security for the Recipient's covenant and obligation for repayment as herein provided, and subject to the terms and conditions of this Agreement, Recipient hereby grants, and the City shall and hereby does have, a lien on the Real Property together with all hereditament and 2 appurtenances thereto, in the full amount necessary to satisfy such repayment obligation and the cost, including reasonable attorney fees of collecting the same. 5. Recipient shall give written notice to the City thirty (30) days prior to the date of the closing of any sale, transfer, or other conveyance of the Real Property or the date upon which said property ceases to be used by Recipient as a HUD Section 8 project-based apartment building, or the date on which Recipient ceases to operate. 6. In the event Recipient shall in any way be in default under the terms and conditions of this Agreement, the Recipient confers upon the City the option of declaring all sums then owing by the Recipient immediately due and payable without notice and confesses judgment in said amount, and hereby authorizes and empowers the City to enter said judgment and to foreclose this Lien by judicial proceedings or to sell the liened premises at public auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorney fee permitted by law, which costs, charges and fees the Recipient herein agrees to pay. 7. The Recipient and the City further covenant and agree as follows: 7.1. Recipient shall be furnished a conformed copy of this Agreement at the time of execution or after recordation. 7.2. Upon default of any covenant or agreement by Recipient under the terms of this Agreement, City prior to foreclosure shall mail notice to Recipient as provided herein specifying: 7.2.1. the nature of the default by the Recipient, 7.2.2. the action required to cure such default, 7.2.3. a date, if such default is capable of being cured by Recipient, not less then thirty (30) days from the date the notice is mailed to Recipient by which such default, if capable of being cured,must be cured; and 7.2.4. that failure to cure such default on or before the date specified in the notice may result in acceleration of the sum secured by this Lien and sale of the liendpremises. 7.3. The notice shall further inform Recipient of the right, if any, to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of the Recipient to acceleration and sale. 7.4. In addition to any notice required under applicable law to be given in another manner: 7.4.1. any notice of the Recipient provided for this Agreement shall be given by mailing 3 such notice by certified mail addressed to the Recipient at the address of the liened premises, or at such other address as the Recipient may designate by notice in writing to the City as provided herein; and 7.4.2. any notice to the City shall be given by certified mail, return receipt requested, to the City at the address of the City on page one (1) of this Agreement, or to such other address as City may designate by notice in writing to the Recipient as provided herein. Any notice provided for in this Agreement shall be deemed to have been given to the Recipient or the City when given in the manner designated herein. 9. This Agreement shall run with the aforementioned Real Property and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, representatives, successors and assigns. Wherever used, the singular shall include the plural, and the plural shall include the singular. All covenants and agreements of the Recipient shall be joint and several. 10. In the event that any provision or clause of this Agreement shall conflict with applicable law, such conflict shall not affect the other provisions of this Agreement which can be given effect without the conflicting provisions, and to this end the provisions of the Agreement are declared to be severable. EDENDALE RESIDENCE,INC. CITY OF EDEN PRAIRIE By Its Phil Young Mayor By Its Scott H.Neal City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by Phil Young and Scott H. Neal, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. Notary Public 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 2007, by and , respectively the and the of Edendale Residence, Inc., a Minnesota non-profit corporation, on behalf of said corporation. Notary Public This instrument was drafted by: Gregerson,Rosow, Johnson&Nilan,Ltd. 650 Third Avenue South, Suite 1600 Minneapolis,MN 55402-4337 (612) 338-0755 P:\Home\EP\Community Dev\Edendale Residence\Repayment Agreement 2006 10 24.doc 5 Exhibit A That part of the Southwest Quarter of the Southeast Quarter, Section 8, Township 116, Range 22 lying West of the center line of County Road Number 4,North of the South One-Fourth of said South-west Quarter of the Southeast Quarter and South of a line drawn from a point on the West line of said Southwest Quarter of the Southeast Quarter distant 826.31 feet North from the Southwest corner thereof to a point on the East line of said Southwest Quarter of the Southeast Quarter distant 813.12 feet North from the Southeast corner thereof which lies Westerly of a line drawn Southerly at right angles to the North line of the above described property at a point thereon distant 465.80 feet East from the West line of said Southwest Quarter of the Southeast Quarter to the center line of State Highway number 5 and there terminating, according to the Government Survey thereof, except that part of the East 277.00 feet thereof lying south of the North 182.00 feet of the above described property. 6 CONSENT TO CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT The undersigned, owner(i) of that certain mortgage dated September 29, 1983, filed in the Office of the Registrar of Titles, in and for the County of Hennepin, State of Minnesota, on the 29th day of September, 1983, and recorded as Document No. 1538275, (ii) that certain Regulatory Agreement for Mortgage, dated September 29, 1983, filed in the Office of the Registrar of Titles, in and for the County of Hennepin, State of Minnesota, on the 29th day of September, 1983, and recorded as Document No. 1538276, (iii) that certain Use Agreement dated September 1, 2006 filed in the Office of the Registrar of Titles, in and for the County of Hennepin, State of Minnesota, on the 25th day of September, 2006, and recorded as Document No. 4308682 and (iv) that certain Regulatory Agreement dated September 1, 2006 filed in the Office of the Registrar of Titles, in and for the County of Hennepin, State of Minnesota, on the 25th day of September, 2006, and recorded as Document No. 4308683 covering the land described on the attached Exhibit A and other land, for valuable consideration, does hereby consent to CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT by and between the City of Eden Prairie and Edendale Residence, Inc. U.S. Secretary of Housing and Urban Development, acting by and through the Federal Housing Commissioner By (Authorized Agent) STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by the of the United States Department of Housing and Urban Development, on behalf of the Secretary of Housing and Urban Development. Notary Public 7 CONSENT TO CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT That the undersigned, owner of that certain mortgage dated September 1, 2006, filed in the Office of the Registrar of Titles, in and for the County of Hennepin, State of Minnesota, on the 25th day of September, 2006, and recorded as Document No. 4308683 covering the land described on the attached Exhibit A and other land, for valuable consideration, does hereby consent to CITY OF EDEN PRAIRIE HOUSING REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT by and between the City of Eden Prairie and Edendale Residence, Inc. Capmark Finance, Inc. a California corporation By Its STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2007, by and , respectively the and the of Capmark Finance, Inc., a California corporation, on behalf of said corporation. Notary Public 8 CITY COUNCIL AGENDA DATE: SECTION: Public Hearing February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.A Community Development 2007 CDBG Funding Recommendations Janet Jeremiah, Director Molly Koivumaki, Housing and Human Services Manager Requested Action Move To: Adopt Resolution approving use of funds for 2007 Community Development Block Grant Funds and Reallocation of Specific 2005/2006 Community Development Block Grant Funds. Synopsis For 2007, CDBG Funding remained $267,766.00, which is the 2006 amount. The amount of money available for distribution to human services providers under the 15% guideline is $40,165.00. The Human Services Review Committee reviewed the 2007 CDBG proposals and recommended the following activities be funded. Funding County # Human Services Activity Level Priority 1 PROP (People Reaching Out to Other People) $13,000 High 2 JVS (Child Care Subsidy) $2,165 High 3 HOME (Household& Outside Maintenance for $8,000 High the Elderly) 4 _HomeLine (Tenant's Advocacy Service) $5,000 High 5 Emergency Vehicle Repair $12,000 High Sub Total $40,165 Funding County Housing Activities Level Priority 6 Housing Rehabilitation Deferred Loan Program $150,469 High 7 Affordable Housing/Land Trust $45,000 High 8 Fair Housing Initiative $2,678 High 9 Program Administration $29,454 Grand Total $267,766 Background Information 2007 Allocation Process The discussion of how to distribute the 2007 CDBG funds through the Human Services Review Committee included a complete review of all "Request for Funding" applications and the distribution percentage of funds in 2006. The Committee's goals were to have the best and highest use of these funds for human services that demonstrated the most direct benefit to the community. Reallocation of Child Care Subsidy For over a decade, the Eden Prairie City Council has approved the allocation of CDBG funds to the Greater Minneapolis Day Care Association(GMDCA)to provide child care subsidy for low income Eden Prairie residents who meet certain criteria. In October, 2006, GMDCA ceased operation and are no longer administering the CDBG funds for the subsidy program. A total of $24,462.78 in CDBG funds remains allocated for this program. Hennepin County has selected a new agency, Jewish Vocational Services (JVS) to take over administration of the child care subsidy program. Staff requests Council approval for the reallocation of the remaining funds from GMDCA, to JVS. Description of Public Service Funding • HomeLine will receive their requested amount of$5,000, the same amount they received in 2006, which is 1.87% of the 2007 funding. • PROP will receive their requested amount of$13,000, the same amount they received in 2006, which is 4.85% of the 2007 funding.. • JVS will receive $2,165, which is less than the $7,000 they requested. Upon Council approval, JVS will receive the $24,462 in funds remaining from GMDCA. The 2007 allocations .08 % of the 2007 funding. • HOME will receive their requested amount of$8,000, which is $2.000 more that they received in 2006, which is 2.98% of the 2007 funding. • Emergency Vehicle Repair program will receive their requested about of$12,000 or 4.48% of the 2007 funding. In 2006, this program was granted $3,165 in funds. Due to the fact that it was a new program in 2006, staff wanted to measure its efficiency before seeking greater funding. This program, which is administered at no cost to the City of Eden Prairie by Community Action for Suburban Hennepin (CAPSH), estimates spending $3,000 per quarter in emergency vehicle repairs. Attachments 2007 CDBG Summary of Proposals Resolution 2007 CDBG Summary of Proposals Reviewed by the Human Services Review Committee on January 29, 2007 Activity Agency 2007 Request 2007 Funding 2006 Actual Purpose Clients Recommended Funding Served 2006 Childcare Jewish Vocational $7,000.00 $2,165.00 $13,000.00 Subsidize childcare N/A subsidy Services(now ($24,462.78 (GMDCA) for EP working JVS being contracted in remaining families estimates by Henn Co in funds from serving up place of GMDCA will to eight GMDCA) be reallocated families to JVS.) Household Senior Comm. $8,000.00 $8,000.00 $6,000.00 Provide outside 41 Chore&Main. Services maintenance households for elderly (HOME) and chore service to people 60 and older Tenant HomeLine $5,000.00 $5,000.00 $5,000.00 Provide tenant 112 Advocacy information and Services advocacy;tenant hotline to resolve tenant/landlord issues Emergency PROP $13,000.00 $ 13,000.00 $13,000.00 Emergency financial 47 Housing assistance for Assistance rent/mortgage payments Vehicle Repair City of Eden $12,000.00 $12,000.00 $3,165.00 Car repair,insurance, 3 Prairie license tabs for low- income families Fair Housing Hennepin County $2,678.00 $2,678.00 $2,678.00 1%of total CDBG N/A Initiative goes for Fair Housing Initiative program Housing City of Eden $150,369.00 $150,469.00 $45,469.00 Low interest deferred 15 Rehabilitation Prairie loans to Deferred Loan eligible residents for Program home improvements. Affordable City of Eden $45,000.00 $45,000.00 $150,000.00 Focus on home 1 townhome Housing/Land Prairie ownership completed, Trust for low and moderate anticipate 2 income more in Eden Prairie 2007 residents Program City of Eden $29,454.00 $29,454.00 $29,454.00 As an Entitlement Pays rehab Administration Prairie Community,Eden staff salary Prairie administers &other it's own CDBG rehab funds. associated costs TOTAL $272.501.00 $267,766.00 $267,766.00 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING USE OF FUNDS FOR 2007 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND REALLOCATION OF SPECIFIC 2005/2006 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS,the City of Eden Prairie,as an entitlement community,participates in the Community Development Block Grant Program; and WHEREAS, the City of Eden Prairie has developed a proposal for the use of CDBG funds, and held a public hearing on February 20, 2007 to obtain the views of citizens on the proposed use of $267,766 for the 2007 Community Development Block Grant Program; and WHEREAS,the City of Eden Prairie seeks to reallocate$24,462.78 from the Greater Minneapolis Day Care Association(GMDCA)to Jewish Vocational Services(JVS)to administer the child care subsidy program. BE IT RESOLVED that the City Council of the City of Eden Prairie approves the following activities for funding from the Block Grant program, and authorizes and directs the Mayor and the City Manager to execute Sub recipient and Third Party Agreements on behalf of the City. ACTIVITIES BUDGET PROP - Emergency Housing Assistance $ 13,000 JVS - Child Care Subsidy $ 2,165 HOME - Household& Outside Maintenance for Elderly $ 8,000 Homeline Tenant's Advocacy Service $ 5,000 Emergency Vehicle Repair $ 12,000 Housing Rehabilitation Deferred Loan Program $ 150,469 Affordable Housing/Land Trust $ 45,000 Fair Housing Initiative $ 2,678 Program Administration $ 29,454 Total $ 267,766 REALLOCATION Reallocation of child care subsidy funds $ 24,462 ADOPTED by the City Council of the City of Eden Prairie this 20th day of February, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Public Hearings DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: VIII.B. Community Bluff Country Village 2nd Addition Development/Planning Janet Jeremiah Requested Action Move to: • Close the Public Hearing; and • Adopt the Resolution for Planned Unit Development Concept Review on 5.8 acres; and • Approve 1st Reading of the Ordinance for Planned Unit Development District Review with waivers, and Zoning District Amendment in the Neighborhood Commercial District on 5.8 acres; and • Adopt the Resolution for Preliminary Plat on 5.8 acres into 2 lots; and • Direct Staff to prepare a Development Agreement incorporating Staff and Board recommendations and Council conditions. Synopsis The proposed plan includes a 2,300 sf foot coffee shop, a 12,000 sf retail building, and 3.1 acre lot for future development that shows 16,262 square feet of building. The plan conforms to the requirements of the neighborhood commercial zoning district Background Information This project amends an approved plan for a 3,200 sf restaurant and a building with 28,041 sf of retail on the first floor with 94 apartment units on 3 additional floors. The 120-Day Review Period Expires on March 10, 2007. Planning Commission Recommendation The Planning Commission first reviewed this project at the December 8, 2006 meeting and recommended a continuance with direction to the developer to revise the architecture, grading, tree preservation plans. At the January 22, 2007 meeting the Planning Commission voted 6-0 to recommend approval of the project to the City Council. Attachments • Resolution PUD Concept • Resolution Preliminary Plat • Staff Report-12-08-06 • Staff Report 01-19-07 • Location Map • Land Use &Zoning Maps • Planning Commission Minutes 12-11-06 • Planning Commission Minutes 01-22-07 BLUFF COUNTRY VILLAGE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2007- A RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT CONCEPT OF BLUFF COUNTRY VILLAGE 2ND ADDITION FOR TREK DEVELOPMENT WHEREAS,the City of Eden Prairie has by virtue of City Code provided for the Planned Unit Development (PUD) Concept of certain areas located within the City; and WHEREAS, the Planning Commission did conduct a public hearing on January 22, 2007, for Bluff Country Village 2nd Addition by Trek Development and considered their request for approval of the PUD Concept plan and recommended approval of the request to the City Council; and WHEREAS,the City Council did consider the request on February 20, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of Eden Prairie, Minnesota, as follows: 1. Bluff Country Village 2nd Addition , being in Hennepin County, Minnesota, legally described as outlined in Exhibit A, is attached hereto and made a part hereof. 2. That the City Council does grant PUD Concept approval as outlined in the plans stamp dated February 20, 2007. 3. That the PUD Concept meets the recommendations of the Planning Commission January 22, 2007. ADOPTED by the City Council of the City of Eden Prairie this 20th day of February, 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk EXHIBIT A PUD Concept- BLUFF COUNTRY VILLAGE 2ND ADDITION Legal Description: Lot 1, Block 1 and Outlot B, Buff Country Village BLUFF COUNTRY VILLAGE 2ND ADDITION CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY PLAT OF BLUFF COUNTRY VILLAGE 2ND ADDITION FOR TREK DEVELOPMENT BE IT RESOLVED,by the Eden Prairie City Council as follows: That the preliminary plat of Bluff Country Village 2nd Addition for Trek Development stamp dated February 20, 2007, and consisting of 5.8 acres into 2, and one outlot, a copy of which is on file at the City Hall, is found to be in conformance with the provisions of the Eden Prairie Zoning and Platting ordinances, and amendments thereto, and is herein approved. ADOPTED by the Eden Prairie City Council on the 20th day of February 2007. Phil Young, Mayor ATTEST: Kathleen Porta, City Clerk STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: December 8, 2006 SUBJECT: Bluff Country Village 2nd Addition APPLICANT: Trek Development OWNER: Hustad Land LOCATION: Hennepin Town Road and Pioneer Trail REQUEST: 1. Planned Unit Development Concept Review on 5.8 acres. 2. Planned Unit Development District Review on 5.8 acres. 3. Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.7 acres. 4. Site Plan Review on 2.7 acres. 5. Preliminary Plat of 5.8 acres into two lots and one outlot Staff Report— Bluff Country Village—2"Addition December 8,2006 BACKGROUND This 5.8 acre site is part of a 30 acre planned development which has gone through numerous revisions since 1998. The attached drawing shows the 30 acre plan. All of the townhouses and the Walgreen's have been built. The area proposed for amendment is retail- apartment restaurant area. The approved plan for this 5.8 acre piece of land is two buildings. • A free standing 3,200 sf restaurant • A building with 28,041 sf of retail on the first floor with 94 apartment units on 3 additional floors. The property is guided neighborhood commercial. The property is zoned neighborhood commercial. PLANNED UNIT DEVELOPMENT AMENDMENT The proposed plan includes: • A 2,300 sf foot coffee shop on 7 acres. • A 12,000 sf retail building on 2.0 acres. • A 3.1 acre for future development with 16,262 square feet in two buildings. PLANNED UNIT DEVELOPMENT WAIVERS The project requires the following waivers. • Lot size from 2 acres to .7 acres for the site with the coffee shop. This is a reasonable request since the 5.8 acre planned unit development size is greater than the 2 acre minimum. SITE PLAN The site plan conforms to the building and parking setbacks,base area and floor area ratios. The required parking for the retail building is 72 spaces. The plan shows 83. The required parking for the coffee shop is based on the number of seats or 26 spaces the plan shows 20 spaces. The plan needs to be revised to show 6 additional spaces. 2 Staff Report— Bluff Country Village—2"Addition December 8,2006 ARCHITECTURE The City's approach to neighborhood commercial developments adjacent to residential is to create a residential identity or character. The character or identity varies from project to project. The common element in neighborhood commercial developments is a sloped roof. The approved project had a gable roof Walgreens has a mansard roof with some gables. The two buildings in this project have flat roofs. TREE LOSS AND GRADING The approved tree loss plan is 1,708 inches or 39%. The approved tree replacement plan is 1032 inches. There are two existing oak trees on the coffee shop lot that were proposed to be saved with the approved plan. Tree #136 is a 30 inch oak. Tree # 137 is a 20 inch oak. The plan should be revised to save these trees. LANDSCAPE PLAN The caliper inch requirement is for both buildings are 45 inches. A portion of the total tree replacement will occur on each lot. The plan shows 339 inches of tree replacement. The plan meets landscaping and tree replacement requirements. TRANSITION City code requires a transition between adjacent differing land uses. The approved plan used the shape of the building to shield views of the parking area and lights. The amended plan leaves open site lines into the parking areas from the townhouses to the west. A landscape plan that preserves existing trees supplemented with additional tree and shrub plantings is needed. SIDEWALKS AND TRAILS There is a five-foot wide concrete sidewalk should be constructed along the entire length of the both sides of Hennepin Town Road from Pioneer Trail. DRAINAGE All water will drain to an existing NURP pond on the east side of Hennepin Town Road. 3 Staff Report— Bluff Country Village—2"Addition December 8,2006 ROAD IMPROVEMENTS The attached aerial photo shows a conceptual road improvement for the area. The plan shows improvements on the north and south side of Pioneer Trail along Hennepin Town Road to improve access to the existing and proposed commercial sites LIGHTING Since the site is adjacent to existing residential neighborhoods, all lighting shall be 20 feet high and shielded so light shines directly on the ground. UTILITIES Sewer and water is located in Hennepin Town Road. SUMMARY The Planning Commission should discuss the following questions. 1. Are the proposed land uses appropriate in an area that is guided Neighborhood Commercial? 2. What is the appropriate use for Outlot A? 3. Is a flat roof design for the buildings acceptable? 4. Is there an appropriate transition to the townhouses to the west? 5. Should the oak trees on the coffee shop lot be preserved? 6. What road improvements are needed for this project? The proposed uses of the site for neighborhood retail and a coffee shop are appropriate for a neighborhood commercial area. The total retail in the approved plan is 31,241 square feet. Subtracting the retail and coffee shop buildings leaves 16,941 sf possible for Outlot A. Outlot A shows 16,602 square feet of building which could be used for retail or office. Future development of this outlot will require a transition plan next to residential with screening of parking and loading area. Before any development on Outlot A can occur public hearings with the Planning Commission will be required. A sloped roof design is needed for this project since it is next to residential. Any type of sloped roof, gable, mansard, or hip would be acceptable. The proposed future buffer plan shows existing and proposed trees. This plan should be implemented with the development of the retail and coffee shop sites. If not residents will have a view of parking lot and lights until Outlot A develops. 4 Staff Report— Bluff Country Village—2"Addition December 8,2006 The oak trees should be preserved. Road improvements are needed for this project. STAFF RECOMMENDATION Alternative One Recommend approval of the following request: • Planned Unit Development Concept Review on 5.8 acres. • Planned Unit Development District Review with waivers on 5.8 acres. • Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.7 acres. • Site Plan Review on 2.7 acres. • Preliminary Plat of 5.8 acres into two lots and one outlot This is based on plans stamped dated December 8, 2006, the Staff Report dated December 8, 2006, and the following conditions: 1. Prior to City Council review, the proponent shall: A. Revise the plans as follows. • Show a sloped roof on both buildings. • Save the two oak trees of the coffee shop lot. • Show 6 additional parking spaces on the coffee shop lot. 2. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 3. Prior to building permit issuance for the property, the proponent shall: 5 Staff Report— Bluff Country Village—2"Addition December 8,2006 A. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. C. Pay the Cash Park Fee. 5. The following waivers have been granted through the PUD District Review for the property: A. Lot size from 2 acres to .7 acres for the coffee shop lot. Alternative Two Recommend that the project be continued to the January 8, 2006 meeting with direction to revise the plans according to the recommendations in the staff report. Alternative Three Recommend that the project be denied for the following reasons: • The project is inconsistent with approved plan. • The project requires waivers from the City code. • The impacts of the project on the adjacent residential area are not mitigated by the proposed plan. 6 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: January 17, 2007 SUBJECT: Bluff Country Village 2nd Addition APPLICANT: Trek Development OWNER: Hustad Land LOCATION: Hennepin Town Road and Pioneer Trail REQUEST: 1. Planned Unit Development Concept Review on 5.8 acres. 2. Planned Unit Development District Review on 5.8 acres. 3. Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.7 acres. 4. Site Plan Review on 2.7 acres. 5. Preliminary Plat of 5.8 acres into two lots and one outlot Staff Report— Bluff Country Village—2nd Addition January 17,2007 BACKGROUND This is a continued item from the December 11, 2007 meeting. The developer held a neighborhood meeting on January 16, 2007. ROOF DESIGN The architectural plans for both buildings have been revised to have a sloped roof and gables similar to the existing Walgreen's building. TREE PRESERVATION AND REPLACEMENT The plan has been revised to save the 20 inch and 36 in oak trees adjacent to the coffee shop site. The tree replacement obligation from the approved plan is 1032 inches. A total of 128 inches will be replaced on both lots. The remaining 904 inches will be replaced in Outlot A and the future daycare-office site east of Hennepin Town Road when those sites develop in the future. The tree replacement plan should be revised to include 12(3 inch) shade trees along the west side of Hennepin Town Road OUTLOT A REVISED PLAN The concept plan for Outlot A has been revised to create a single building along the west property line. This plan creates a better buffer next to residential by blocking views of the parking areas and lights. No access will be permitted on Breezy Way or Bridgehill Terrace. Before any development on Outlot A can occur, public hearings with the Planning Commission and City Council will be required. PARKING AND CROSS ACCESS Each lot has enough parking to meet the retail parking requirements. All properties within this proposed development will be required to enter into a cross access, private utility, parking and maintenance agreement. The standard language the city uses in developer agreement is as follows. "Prior to release of a final plat for any portion of the Property, the Developer shall enter into a cross access,parking, and maintenance agreement the form of which must be approved in writing by the City Engineer. This Agreement shall address joint vehicle access,parking, and maintenance in parking areas, driveways,private storm sewers, sanitary sewer and watermain. All of these facilities shall be privately owned and maintained by the Developer or Owner. 2 Staff Report— Bluff Country Village—2nd Addition January 17,2007 Prior to the issuance of any building permit for the Property, Developer shall submit to the City Engineer proof that the cross access and maintenance agreement has been recorded in the Hennepin County Recorder's Office/Registrar of Titles' Office, and that it is a valid and binding encumbrance upon the Property." PARKING FOR ADJACENT REDSIDENTIAL AREAS Staff reviewed public records for previous developer obligations on the proposed site to provide parking for the townhouses to the west. There is no contractual obligation in the approved development agreement. Staff reports and minutes make no reference to the provision of parking. The townhouses to the west were approved as part of a separate PUD with parking meeting City code for two spaces per unit with one enclosed. Since all of the units are two car garages there are four spaces available for each unit plus parking along the private drives for guests. ROAD IMPROVEMENTS The developer is required to complete improvements to Hennepin Town Road on the north and south side of Pioneer Trail as shown on Exhibit B. LIGHTING Since the site is adjacent to existing residential neighborhoods, all lighting shall be 20 feet high and shielded so light shines directly on the ground. SIGNS The sign plan should be revised to meet City code requirements as shown on Attachment A. STAFF RECOMMENDATION Recommend approval of the following request: • Planned Unit Development Concept Review on 5.8 acres. • Planned Unit Development District Review with waivers on 5.8 acres. • Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.7 acres. • Site Plan Review on 2.7 acres. • Preliminary Plat of 5.8 acres into two lots and one outlot This is based on plans stamped dated January 8, 2007, the Staff Report dated January 17, 2007, and the following conditions: 3 Staff Report— Bluff Country Village—2nd Addition January 17,2007 1. Prior to grading permit issuance, the proponent shall: A. Notify the City and Watershed District 48 hours in advance of grading. B. Install erosion control on the property, as well as tree protection fencing at the grading limits in the wooded areas for trees to be preserved as part of the development. Said fencing shall be field inspected by the City Forester prior to any grading. C. Submit detailed storm water runoff, utility, and erosion control plans for review and approval by the City Engineer and Watershed District. 2 Prior to building permit issuance for the property, the proponent shall: A. Provide a tree replacement surety equivalent to 150% of the cost of the tree replacement improvements indicated on the approved plan. B. Submit detailed building plans to the Inspections Department and Fire Marshal for their review and approval. C. Pay the Cash Park Fee. 3. The following waivers have been granted through the PUD District Review for the property: A. Lot size from 2 acres to .7 acres for the coffee shop lot. 4. The developer is required to complete improvements to Hennepin Town Road on the north and south side of Pioneer Trail 5. All access to Outlot A shall be from Hennepin Town Road. No access will be permitted on Breezy Way or Bridge Hill Terrace. Before any development on Outlot A can occur public hearings with the Planning Commission and City Council will be required. 6. The tree replacement plan should be revised to include 12(3 inch) shade trees along the west side of Hennepin Town Road. 7. The sign plan should be revised to meet City code. 4 Staff Report— Bluff Country Village—2"d Addition January 17,2007 ATTACHMENT A Bluff Country Village Shopping Center. Sign A Code Requirement Meets code Does not meet code Setback 20' 20'Yes Height 20' 11'yes Size 80 sq ft No 112 sf Sign base 40 sq ft No 42 sq ft Sign B Code Requirement Meets code Does not meet code Setback 1 20' Yes Height 1 20' 20'yes Size 80 sq ft No 112 sf Sign base 40 sq ft No 42 sq ft Sign C Code Requirement Meets code Does not meet code Setback 20' Yes Height 20' 20'yes Size 80 sq ft No 112 sf Sign base 40 sq ft No 42 sq ft Sign D Code Requirement Meets code Does not meet code Setback 20' Yes Height 20' 9'yes Size _ 80 sq ft No 51 sf Sign base 40 sq ft 36 sq ft Yes 35. "Sign Base" - The sign base of a sign shall be any supportive structure below or surrounding the sign area which has location on the ground. The sign base shall not exceed one half the maximum sign size permitted in the zoning district. Source: Ordinance No. 9-87 Effective Date: 5-7-87 33. "Sign"-Any letter,word or symbol,device,poster,picture,statuary,reading matter or representation in the nature of advertisement, announcement, message or visual communication, whether painted, posted, printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures which is displayed for informational or communicative purposes. 34. "Sign Area" -That area which is included in the smallest rectangle which can be made to circumscribe the sign. The stipulated maximum sign area for a free-standing sign refers to a single facing and does not include vertical structural members below the sign face. Source: City Code Effective Date: 9-17-82 5 Area Location Map - Bluff Country Village 2nd Addition Address: Hennepin Town Road & Pioneer Trail ,\LI 1 6] ,S r---- --- / L '''' [. I / /I \ \ ,I. \ ) %-.> , ir '/i F ,ri . lF 5:::] ..- _ , ,. i \// , , Juniper .a. „ , , --14414 -- , / \\, - , fill / , , L. ,N '----- 1E111 d ----. - /,,,/' '' ' P." ,, TE -- '� Hennepin Town Rd. \ 'J vf 1 , ?fah , b om Pioneer Tr / ..,.\\ L .......„... ,,...._______.„ I I. ''''- -- ,\, N I \I ;'l / - i '` - 11- , ff , , __- � o Scale ' Guide Plan Map Bluff Country Vfilllage 2nd Addition Hennepin Town Road & Pioneer Trail I „''''`\ \-- 8). 0 ii 1 IT TI L I \O-_1) itra [±J 'M le E/3 \ °PE. <::2;:> ii_. RIR LB ISI ft .. .E4 gittopa. - Ele 1111411 w # ' Ge Allill 0 111010 14111" , =NMI* cc:Irj Juniper Lane / ii SITE • -ThillibMilli4. . ' - ■ ) Hennepin Town Road 0) to II \- c\-\--\.\ 111i .4 410° L i: opwl lAW- .to nr03C ©u Pioneer Trail dii,„\\:: 111111/4„ . . iii . .. - .._. _ /1„-L-- , , . 1%, Low Density Residential 0-2.5 Units/Acre Neighborhood Commercial — Principal Arterial //A Low Density/Public/Open Space I Community Commercial —A Minor Arterial Medium Density residential 2.5-10 Units/Acre® Regional Commercial — B Minor Arterial �� I, I-1 Medium Density Residential/Office Park/Open Space Major Collector ^' PRAIRIE High Density Residential 10-40 Units/Acre PubliclQuasi-Public — Minor Collector I V Office M.Church/Cemetery ®Office/Industrial Open Water DATE Approved 03-19-D3 DATE Revised D1-07-09 fMl Office/Public/Open Space I 1 Right-Of-Way gill Industrial — Metropolitan Urban Service Line(MUSA) Creeks Zoning Map Bluff Country Village 2nd Addition Hennepin Town Road & Pioneer Trail _., ,_______,,,,,/ ) \ 1 1 SS IMO . Zy 1 _ k%' * MII CM. imprft MO p.., .. ---4 Juniper Lane illi - / I, 1114 INN. ____________ _ SITE .(::6 -. , , Hennepin Town Road 40 10- �� %� CD &0� , Pioneer Trail �1 4Z0 cD° i_Lim . NNNN \ \ i \\s, _ , \\\_ .///rLI-- _ i / / / I i Qo 0 um I 1 (\a„.....,,.._ 1 j Rural One Family -10 acre min. 71 Highway Commercial Shoreiand Management Classifications j R1-44 One Family-44.000 sf.min. .-I Regional Service Commercial 1-NEJ Natural Environment Waters 1 R1-22 One Family-22,000 sr min. Regional Commercial Recreational Development Waters I r.DI General Development Waters(Creeks Only) 'pit t le' 1 ' 1 R1-13.5 One Family-13,500 sf min. j Industrial Park-2 Acre Min, r//4 00- Year Floodplain I R1-9.5 One Family-9,500 sf min. I Industrial Park- 5 Acre tdin. Highway#3121h'zst of County Road#4 is proposed,not constructed at this time_ I I RM-6.5 Multt-Family-6.7 U.P.A.max. Li General Industrial-5 Acre Min. Up dated through Ordinance#09-2305 FEEN RM-2.5 Multi-Family-17.4 U_P A.max.f 1 Public Ordinance#33-2001(l3Fl Addition)approved,but not shown on this map edition PRAIRIE Office I Voter Date:June 24.2005 Neighborhood Commercial 1 Right-of-Way .,na±,_nee,waraeaaponmeeeE aarmc2rC‘ra,wnwa.31. IAA•WDRK•MANI I Community Commercial I I Chanhassen City limits N A APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,DECEMBER 11, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road VI. PUBLIC HEARINGS B. BLUFF COUNTRY VILLAGE Request for: Planned Unit Development Concept Review on 5.8 acres; Planned Unit Development District Review with waivers on 5.8 acres; Zoning District Amendment in the Neighborhood Zoning District on 2.7 acres; Site Plan Review on 2.7 acres; Preliminary Plat of 5.8 acres into two lots and one outlot. Beth Simonstad presented the proposal and utilized the overhead projector to show illustrations of the project. She gave some history to the project and stated she is here tonight to amend the proposed plan that was granted in 2002. The proposed plan included such items as a 2,300 sq. ft. coffee shop on 7 acres, a 1,200 sq. ft. retail building on 2 acres, and 3.1 acres for future development, which would include 2 buildings on the site. Ms. Simonstad stated they are now making the buildings smaller to give the project a more residential feeling. She illustrated the plan of the two buildings on the lot and also showed an illustration of a landscaping plan. She stated they will be making road improvements to the north side of this site and pointed out they will also be saving the oak trees in the area. Ed Farr, of Ed Farr Architects, illustrated the building design utilizing the overhead projector. He stated it does meet the setback requirements and material requirements. He also showed the different brick types that would be used in the building. He pointed out the architectural design would be carried out on all four sides of the building. He stated in reference to Walgreens, they are trying to coordinate the design of the building to that of the proposed buildings. Mr. Fan stated in regards to the walkways, there would be a generous walkway around the buildings. He said there would be a general landscape buffer along Breezy Way and the developers would also eliminate the service corridor along the backside of the building that would face the residential area. Stoelting asked the project proponent to address the road improvements. Ms. Simonstad illustrated the road improvements utilizing the overhead projector. She pointed out they would be removing the old medians and replacing them with Planning Commission Minutes December 11, 2006 Page 2 new ones. She stated this is a very expensive project and she will continue to meet with the Staff on this issue. Stoelting asked Franzen to review the staff report. Franzen stated on page 4 of the staff report there are six questions that need to be addressed by the Commission. He also pointed out there are three options for this project and the staff is recommending revisions to architecture, roads and screening. Stoelting opened the meeting up for public input. Greg Harcus, of 9822 Belmont Lane, stated he would like to see a neighborhood meeting in regard to this project. He stated he liked a lot of the ideas that were presented tonight but has one concern with this project. He stated his concern is the visitor parking for the town home association is located on this property. He stated the project proponent stated they could still park in the area, and he just wants to make sure that is still carried out. Steve Mohn, of 9812 Lee Drive, stated he does like this plan. His only concern is they like the concept of the two small buildings and does not want to see it turned into one building. Rich Feely, of 9878 Lee Drive, seconded Steve Mohn's comments. He stated he supports the project and would like to see it passed. George McNulty, of 9681 Belmont Lane, stated he has some questions in regards to the building roofs, lighting in the parking area, drive entrances, and the guest parking outlot. Stoelting summarized the public's comments. 1. Neighborhood excited about the plan 2. Concern for a neighborhood meeting 3. Outlot A, what is the plan 4. Visitor Parking 5. Sloped roofs 6. Access into the property; will headlights affect the residents Ms. Simonstad stated in regards to parking, she will work with the residents to come to a resolve on this issue. She stated in regards to outlot A, she has not addressed any parking spaces as of yet,but will address this situation. In regards to access and headlights, she said the access into the property would not impact the residents. Mr. Farr stated the market supports a flat roof contemporary design. Stoelting stated the staff report recommends the slope roof design. Mr. Farr stated he appreciates the concept of the sloped roof but they would like to use the flat roof design. Franzen stated typically projects located in a residential area should transition into the area. He stated the architects should capture a few aspects of the Walgreens building and incorporate it into their design. Franzen stated Staff Planning Commission Minutes December 11, 2006 Page 3 will leave it up to the architects to create a design that is consistent and with a residential character. Pitzrick said in regards to the roof situation, he would like to make sure it is an attractive roof. In regards to the south side of the parking area, he would like to see a rain garden into the area. Mr. Farr pointed out there are two rain gardens in the area. Pitzrick stated when outlot A is developed, the project proponent should make sure there is no problem with shared parking. Stoelting asked Franzen to address the issue of shared parking. Franzen stated all of the areas were designed to stand alone in regards to parking. He stated all four parcels will have to enter into an agreement in regards to parking. Koenig stated to Franzen since the Commission approved the previous PUD, the proponent is bound by that one. Franzen stated the city is under no obligation to amend the approved plan and agreement. The commission has the discretion to recommend an amendment to the plan if you believe the plan is acceptable. Koenig asked Franzen for a comparison of tree loss between the approved plan and the proposed plan. Franzen stated the only difference would be the two oak trees that would have to be removed. Stoelting asked Franzen if the two oak trees could be saved by repositioning the coffee shop. Franzen stated they could be saved by repositioning the coffee shop. Fox said the only trees left on this site would be the trees in the land dedicated to the City. Ms Simonstad said they will replace any trees as required by the City. Pitzrick said he would like to see some sloped roof tops. Duckstad said he would like the architect to work with the City in designing the roof. Stoelting reiterated to the Commission the three options that were stated in the staff report and asked for a consensus. The consensus was for a continuation. Stoelting asked the project proponent if they would be willing to come back to the January 8 Commission Meeting. They said yes. Chuck Hausker, of 9836 Belmont, stated he is concerned with the woodland area on the property and would like to see this area preserved. Fox stated those trees are on City owned property. MOTION by Powell, seconded by Kirk, to continue the project to the January 22, 2007 meeting and to revise the development plans according to the staff report and other requirements as identified by the Commission, which would include that the developer meets with City Staff in regards to developing a roof design, a tree replacement plan, grading plan, and cross access shared parking plan. City staff to discuss additional parking for nearby residents. Motion carried 7-0. APPROVED MINUTES EDEN PRAIRIE PLANNING COMMISSION MONDAY,JANUARY 22, 2007 7:00 P.M., CITY CENTER Council Chambers 8080 Mitchell Road VI. PUBLIC HEARINGS A. BLUFF COUNTRY VILLAGE Request for: Planned Unit Development Concept Review on 5.8 acres; Planned Unit Development District Review on 5.8 acres; Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.7 acres; Site Plan Review on 2.7 acres; Preliminary Plat of 5.8 acres into two lots and one outlot. Bob Sofelt, developer of the project,presented the proposal. He started out the presentation by introducing Beth Simonson, of Trek Development, and Ed Farr, architect to the project. Mr. Sofelt stated they are here this evening to show revisions that were requested from their last meeting. He stated they had a neighborhood meeting last week and it was well received. Mr. Sofelt stated one of the major issues that was brought up in the prior meeting was the realignment of the intersection across from Walgreens; he stated they have removed the north entrance onto this site and showed plans for new access . Mr. Sofelt said the other recommendations were architectural in nature and asked Mr. Farr to address these issues. Mr. Fan presented the architectural changes to the coffee shop roof; which would be consistent with that of Walgreens. He pointed out the building on the north end of the property would have gabled towers and a sloped roof; which would also be consistent with the Walgreens building. Mr. Farr pointed out they were not asking for any sign variance. Stoelting asked Franzen to address the staff report. Franzen stated the Staff recommends approval based on page 4 of the staff report. Stoelting opened the meeting up for public input. There was no input. Powell commented he was surprised there was not any neighborhood representation at the meeting this evening. Stoelting stated he was glad that the project proponent had the meeting with the neighborhood members. Planning Commission Minutes January, 22, 2007 Page 2 MOTION by Koenig, seconded by Seymour, to close the public hearing. Motion carried 6-0. MOTION by Koenig, seconded by Kirk, to approve the Planned Unit Development Concept Review on 5.8 acres, Planned unit Development District Review on 5.8 acres; Zoning District Amendment in the Neighborhood Commercial Zoning District on 2.7 acres; Site Plat Review on 2.7 acres and Preliminary Plat of 5.8 acres into two lots and one outlot based on plans stamped dated January 8, 2007, and the staff report dated January 19, 2007. Motion carried 6-0. Koenig stated that she wanted to thank the project proponent and the neighbors for coming to an agreement on this project. CITY COUNCIL AGENDA DATE: SECTION: Payment of Claims February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: IX. Sue Kotchevar, Office of the Payment of Claims City Manager/Finance Requested Action Move to: Approve the Payment of Claims as submitted(roll call vote) Synopsis Checks 160761 - 161161 Wire Transfers 2620 - 2635 Attachments City of Eden Prairie Council Check Summary 2/20/2007 Division Amount Division Amount General 58,735 701 Water Fund 89,766 100 City Manager 6,800 702 Sewer Fund 8,165 101 Legislative 1,251 703 Storm Drainage Fund 4,278 102 Legal Counsel 20,335 803 Escrow Fund 1,127 104 Contingency 64 807 Benefits Fund 580,224 110 City Clerk 695 111 Customer Service 6,857 Report Totals 3,720,106 112 Human Resources 244 113 Communication Services 2,998 114 Benefits&Training 520 115 Risk Management 159 116 Facilities 50,824 117 City Center 16,483 130 Assessing 293 131 Finance 113 132 Social Services 35,599 133 Planning 490 135 Information Technology 51,697 136 Public Safety Communications 2,290 137 Economic Development 71 138 Community Development Admin. 235 151 Park Maintenance 12,862 153 Organized Athletics 5,842 154 Community Center 11,637 156 Youth Programs 7,558 157 Special Events 39 158 Adult Recreation 792 159 Recreation Administration 742 160 Therapeutic Recreation 132 163 Outdoor Center 896 164 Park Rental Facilities 210 180 Police 29,789 184 Fire 4,627 185 Animal Control 1,100 186 Inspections 475 200 Engineering 75 201 Street Maintenance 4,382 202 Street Lighting 268,072 203 Fleet Services 70,075 204 Equipment Revolving 62,501 301 CDBG 33,484 303 Cemetary Operation 508 304 Senior Board 175 308 E-911 1,522 418 HRA 2002A Lease Revenue Bonds 940,234 421 2003A Park Bonds Refunding 386,028 423 2003C Open Space Bonds 135,745 424 G.O.Improvement Bonds 2003D 431 502 Park Development 400 503 Utility Improvement 621,786 509 CIP Fund 2,269 511 Construction Fund 8,450 515 Fire Station#4 2,313 519 Community Center Referendum 5,350 520 Parks Referendum 3,500 522 Improvement Projects 2006 3,881 601 Prairie Village Liquor 61,768 602 Den Road Liquor 37,089 603 Prairie View Liquor 51,876 605 Den Road Building 1,180 City of Eden Prairie Council Check Register 2/20/2007 Check# Amount Vendor/Explanation Account Description Business Unit 2620 32,177 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2621 163,430 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2622 11,689 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2623 16,646 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2624 93,968 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 2625 17,993 DELTA DENTAL PLAN OF MN COBRA Health and Benefits 2626 610,506 US BANK TRUST NATIONAL ASSN Bonds Payable Utility Improvement Fund 2627 386,028 US BANK TRUST NATIONAL ASSN Principal 2003A G.O.Park Refunding 2628 135,745 US BANK TRUST NATIONAL ASSN Interest 2003C Open Space Refunding Bon 2630 26,796 MINNESOTA DEPT OF REVENUE State Taxes Withheld Health and Benefits 2631 140,436 WELLS FARGO MINNESOTA N A SS&Medicare Health and Benefits 2632 939,944 US BANK TRUST NATIONAL ASSN Interest HRA 2002A LEASE REVENUE BONDS 2633 11,681 ICMA RETIREMENT TRUST-457 Deferred Compensation General Fund 2634 16,271 ORCHARD TRUST CO AS TRUSTEE/CU Deferred Compensation General Fund 2635 99,001 PUBLIC EMPLOYEES RETIREMENT AS PERA Health and Benefits 160761 250 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 160762 567 ASCAP Licenses&Taxes Recreation Administration 160763 400 ATHERTON HO ASSOCIATION AR Utility Water Enterprise Fund 160764 563 BIFFS INC Waste Disposal Park Maintenance 160765 803 BREHM GROUP,THE Other Contracted Services City Council 160766 120 CAMPOS,LORI Instructor Service Outdoor Center 160767 95 COMCAST Dues&Subscriptions City Council 160768 195 DE LAGE LANDEN FINANCIAL SERVI Other Rentals General 160769 784 DISH NETWORK Cable TV Community Center Admin 160770 100 EDEN PRAIRIE COMMUNITY CENTER Special Event Fees Teen Programs 160771 217 EDEN PRAIRIE NOON ROTARY CLUB Miscellaneous City Manager 160772 35 FIRE MARSHALS ASSN OF MINNESOT Dues&Subscriptions Fire 160773 5 HOTHERR,ELI Vending Machines Concessions 160774 86 KEATING,MARY Miscellaneous Housing,Trans,&Human Sery 160775 91 KRAEMERS HARDWARE INC Recreation Supplies Volleyball 160776 265 LEAGUE OF MINNESOTA CITIES Conference Expense City Council 160777 100 MINNESOTA 100 CLUB Dues&Subscriptions Fire 160778 48 MINNESOTA POLITICAL PRESS Dues&Subscriptions City Council 160779 299 MINNESOTA VALLEY ELECTRIC COOP Electric Prairie Bluff Conservation 160780 150 MPELRA Dues&Subscriptions Human Resources 160781 286 PETTY CASH-CARLA KRESS Operating Supplies Senior Board 160782 38 PITZI,ANGELA Program Fee Special Events&Trips 160783 8,000 PROP Other Contracted Services Housing,Trans,&Human Sery 160784 7,091 PROP Refunds CDBG-Public Service 160785 226 QWEST Telephone Telephone 160786 12 REID,DEVIN M Lessons&Classes Ice Arena 160787 16 RYLEE,DAVID Program Fee Preschool Events 160788 138 SCHAITBERGER,CHUCK Mileage&Parking Fire 160789 96 SCHMITT,JON Lessons&Classes Pool Lessons 160790 96 SKATRUD,TODD Tuition Reimbursement/School Fire 160791 2,012 SMITH,KURT Other Contracted Services Rehab 160792 206 TEKIELA,STAN Recreation Supplies Outdoor Center 160793 33,195 THANE HAWKINS POLAR CHEVROLET Autos Police 160794 78 TRAN,JON Tuition Reimbursement/School Fire 160795 150 UNIVERSITY OF MINNESOTA Conference Expense Fire 160796 51 VAN BEUSEKOM,JEREMY Conference Expense Fire 160797 210 WAGNER,TOM Outdoor Center Park Facilities 160798 12 WU,YICHEN Lessons&Classes Ice Arena 160799 1,551 A-SCAPE INC Contract Svcs-Snow Removal Fire Station#2 160800 43 ABLE HOSE&RUBBER INC Equipment Parts Water Treatment Plant 160801 141 ACTIVAR Repair&Maint.Supplies Water Treatment Plant 160802 3,946 ADVANCED ENGINEERING&ENVIRON Other Contracted Services Utility Improvement Fund 160803 5,995 ALL SYSTEMS ROOFING Other Contracted Services Rehab 160804 245 AMERICAN PLANNING ASSN Dues&Subscriptions Planning 160805 100 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Den Road Liquor Store 160806 72 ARCTIC GLACIER INC Misc Non-Taxable Prairie Village Liquor Store 160807 100 ARNOLD,JANINE Refunds Environmental Education 160808 31 ASPEN MILLS Clothing&Uniforms Police 160809 85 BARBARA SCHNEIDER FOUNDATION Tuition Reimbursement/School Police 160810 572 BAUER BUILT TIRE AND BATTERY Equipment Repair&Maint Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 160811 5,275 BELLBOY CORPORATION Liquor Prairie View Liquor Store 160812 973 BERTELSON OFFICE PLUS Capital Under$2,000 Utility Operations-General 160813 120 BLOOMINGTON SECURITY SOLUTIONS Equipment Repair&Maint Water Treatment Plant 160814 1,100 BLOOMINGTON,CITY OF Kennel Services Animal Control 160815 434 BOYER TRUCKS Equipment Parts Fleet Services 160816 325 BRANNAN,CHRISTOPHER J Other Contracted Services Broomball 160817 6,950 BRAUN INTERTEC CORPORATION Improvements to Land Community Center Referendum 160818 282 CAT&FIDDLE BEVERAGE Wine Domestic Prairie Village Liquor Store 160819 2,922 CATCO PARTS SERVICE Equipment Parts Fleet Services 160820 429 CAWLEY COMPANY,THE Clothing&Uniforms Community Center Admin 160821 7,114 CENTERPOINT ENERGY Other Contracted Services Rehab 160822 265 CHOICE INC Other Contracted Services Prairie Village Liquor Store 160823 1,450 COLLEGIATE PACIFIC Recreation Supplies Volleyball 160824 6,875 CORNERSTONE Other Contracted Services Housing,Trans,&Human Sery 160825 440 CORPORATE EXPRESS Office Supplies General 160826 670 CRYSTEEL TRUCK EQUIPMENT Equipment Repair&Maint Fleet Services 160827 32 CULLIGAN-METRO Other Contracted Services Outdoor Center 160828 2,289 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 160829 362 D R&ASSOCIATES ENTERPRISES L Equipment Repair&Maint Police 160830 6,667 DAY DISTRIBUTING Beer Prairie View Liquor Store 160831 350 DEFENSIVE EDGE TRAINING CORP Tuition Reimbursement/School Police 160832 2,937 DELL Computers Information Technology 160833 500 DIETHELM,GARY Other Contracted Services Pleasant Hill Cemetary 160834 675 DIPPIN DOTS Merchandise for Resale Concessions 160835 571 DNR Awards Broomball 160836 64 DTM DISTRIBUTING INC Misc Taxable Prairie View Liquor Store 160837 211 EAGLE WINE COMPANY Liquor Den Road Liquor Store 160838 4,241 EARL F ANDERSEN INC Operating Supplies Storm Drainage 160839 93 ECOLAB INC Contract Svcs-Pest Control Utility Operations-General 160840 8,224 EGAN OIL COMPANY Lubricants&Additives Fleet Services 160841 246 ELECTRIC PUMP Repair&Maint.Supplies Sewer Liftstation 160842 100 ELLINGSON,ARRON Refunds Environmental Education 160843 567 EMMONS&OLIVIER RESOURCES INC Other Contracted Services Storm Drainage 160844 700 ENGINEERED ICE SYSTEMS Contract Svcs-Ice Rink Ice Arena Maintenance 160845 881 FERRELLGAS Gas Outdoor Center 160846 1,442 FOURTH JUDICIAL DISTRICT Printing Police 160847 323 G&K SERVICES Clothing&Uniforms Utility Operations-General 160848 156 G&K SERVICES-MPLS INDUSTRIAL Other Rentals Park Maintenance 160849 747 GARDEN ROOM FRATELLI'S GARDEN Training Supplies Organizational Services 160850 91 GE CAPITAL Other Rentals General 160851 9,055 GENERAL REPAIR SERVICE Machinery&Equipment Water Treatment Plant 160852 364 GO MOBILE NOW INC Capital Under$2,000 Fleet Services 160853 192 GOT SWAT GEAR.COM INC Clothing&Uniforms Police 160854 1,412 GRAINGER Cleaning Supplies Utility Operations-General 160855 1,456 GRAPE BEGINNINGS Wine Domestic Prairie Village Liquor Store 160856 321 GREATAMERICA LEASING CORP. Postage General 160857 12,256 GRIGGS COOPER&CO Liquor Prairie View Liquor Store 160858 200 GTS Conference Expense City Clerk 160859 14,546 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 160860 10,591 HAWKINS INC Treatment Chemicals Water Treatment Plant 160861 239 HD SUPPLY WATERWORKS LTD Repair&Maint.Supplies Water System Maintenance 160862 2,300 HEDLUND Land Parks Referendum 160864 6,639 HENNEPIN COUNTY TREASURER Board of Prisoner Police 160865 152 HENNEPIN COUNTY TREASURER Equipment Repair&Maint Elections 160866 350 HENRY,PAUL Other Contracted Services Broomball 160867 1,169 HOHENSTEINS INC Beer Prairie View Liquor Store 160868 49 HOMELAND PROTECTION PROFESSION Dues&Subscriptions Police 160869 798 ICI DULUX PAINT CTRS Operating Supplies Park Maintenance 160870 1,624 INNOVATIVE GRAPHICS Clothing&Uniforms Police 160871 707 INSIGHT PUBLIC SECTOR Other Hardware Fire Station#4 160872 145 INTERSTATE POWER SYSTEMS INC Equipment Parts Fleet Services 160873 94 JANEX INC Operating Supplies Park Maintenance 160874 217 JETER,KARA Training Supplies Fitness Classes 160875 7,320 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 160876 12,660 JOHNSON BROTHERS LIQUOR CO Transportation Prairie View Liquor Store 160877 1,014 KEEPERS Clothing&Uniforms Police 160878 16 KRAEMERS HARDWARE INC Supplies-General Bldg Community Center Maintenance 160879 62 KRESS,CARLA Mileage&Parking Senior Center Administration 160880 182 LANO EQUIPMENT INC Equipment Parts Fleet Services Check# Amount Vendor/Explanation Account Description Business Unit 160881 150 LIONS TAP Awards Racquetball 160882 44 LOFRANO,TAMMY Training Supplies Fitness Classes 160883 800 LOGIN/IACP Dues&Subscriptions Police 160884 495 LORI THOMPSON TRAINING ASSOCIA Training Supplies Den Road Liquor Store 160885 96 M.AMUNDSON LLP Misc Non-Taxable Den Road Liquor Store 160886 3,701 MARK VII Misc Taxable Prairie View Liquor Store 160887 394 MASTER CRAFT LABELS INC Fire Prevention Supplies Fire 160888 1,250 MEALS ON WHEELS Other Contracted Services Housing,Trans,&Human Sery 160889 456 MENARDS Recreation Supplies Volleyball 160890 630 METRO FIRE Small Tools Fire 160891 561 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 160892 2,680 MIDWEST DESIGN CO Other Contracted Services Communication Services 160893 100 MINNESOTA BOARD OF ELECTRICITY Merchandise for Resale Inspections-Administration 160894 156 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 160895 16 MINNESOTA WANNER COMPANY Operating Supplies Street Maintenance 160896 260 MN MAINTENANCE EQUIPMENT INC Equipment Repair&Maint Park Maintenance 160897 275 MSFCA CONFERENCE FUND Conference Expense Fire 160898 261 NEAL,SCOTT Travel Expense City Manager 160899 355 NEW FRANCE WINE COMPANY Wine Domestic Prairie View Liquor Store 160900 64 NEWPAPER LLC Operating Supplies Reserve 160901 15 NORTH STARR Operating Supplies Street Maintenance 160902 376 NORTHERN SAFETY TECHNOLOGY INC Equipment Parts Fleet Services 160903 37 NORTHWEST RESPIRATORY SERVICE Operating Supplies Fire 160904 105 OFFICE DEPOT CREDIT PLAN Operating Supplies Police 160905 565 OLSEN COMPANIES Safety Supplies Utility Operations-General 160906 50 OLSEN'S EMBROIDERY/COMPANY Clothing&Uniforms Park Maintenance 160907 100 OMAN,SANDIE Refunds Environmental Education 160908 148 OUTBACK CATERING&EVENT CENTE Operating Supplies Police 160909 25 PARK NICOLLET FOUNDATION Accounts Payable Escrow 160910 8,006 PARROTT CONTRACTING INC Equipment Repair&Maint Water System Maintenance 160911 1,393 PAUSTIS&SONS COMPANY Wine Domestic Prairie Village Liquor Store 160912 45 PETSMART Canine Supplies Police 160913 3,897 PHILLIPS WINE AND SPIRITS INC Liquor Prairie View Liquor Store 160914 182 PLASTICS INTERNATIONAL Equipment Repair&Maint Park Maintenance 160915 730 PRAIRIE ELECTRIC COMPANY Equipment Repair&Maint Sewer Liftstation 160916 73 PRAIRIE LAWN AND GARDEN Equipment Parts Fleet Services 160917 582 PRIOR WINE COMPANY Wine Domestic Prairie Village Liquor Store 160918 158 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 160919 8,976 QUALITY WINE&SPIRITS CO Liquor Prairie View Liquor Store 160920 1,185 RUMPCA CO INC Waste Disposal Tree Removal 160921 94 RUSSELL&MILLER,INC Operating Supplies Den Road Liquor Store 160922 100 SCHACHT,LISA Refunds Environmental Education 160923 87 SCHOEN,JENNY Mileage&Parking Water Accounting 160924 25 SDPRA Employment Advertising Organizational Services 160925 6,966 SENIOR COMMUNITY SERVICES Other Contracted Services Housing,Trans,&Human Sery 160926 99 SNAP-ON TOOLS Small Tools Fleet Services 160927 1,050 SOUTH LAKE MINNETONKA POLICE D Tuition Reimbursement/School Police 160928 365 SPS COMPANIES Operating Supplies Utility Operations-General 160929 6,860 ST CROIX ENVIRONMENTAL INC Other Contracted Services Water Treatment Plant 160930 18 STATE OF MINNESOTA Operating Supplies Fleet Services 160931 1,169 STREICHERS Equipment Parts Fleet Services 160932 108 SUBURBAN CHEVROLET Equipment Parts Fleet Services 160933 143 SUN NEWSPAPERS Legal Notices Publishing City Clerk 160934 5,557 THORPE DISTRIBUTING Beer Prairie View Liquor Store 160935 222 TKDA Design&Engineering Water Distribution 160936 1,598 TRAFFIC CONTROL CORPORATION Capital Under$2,000 Fleet Services 160937 330 TRI-ANIM HEALTH SERVICES INC Safety Supplies Fire 160938 507 TWIN CITY GARAGE DOOR CO Contract Svcs-General Bldg Ice Arena Maintenance 160939 75 TWIN CITY OXYGEN CO Lubricants&Additives Fleet Services 160940 431 U S BANK Paying Agent G.O.Improvement Bonds 2003D 160941 25 UNIFORMS UNLIMITED Office Supplies Police 160942 346 UNLIMITED SUPPLIES INC Equipment Parts Fleet Services 160943 2,316 VESSCO INC Equipment Parts Water Treatment Plant 160944 132 VINOCOPIA Wine Imported Den Road Liquor Store 160945 448 VINTAGE ONE WINES INC Wine Domestic Prairie Village Liquor Store 160946 10,987 VRV BUILDERS Other Contracted Services Rehab 160947 687 VSA INC Operating Supplies Police 160948 246 W E NEAL SLATE CO Office Supplies Police 160949 153 W P&R S MARS CO Office Supplies Utility Operations-General Check# Amount Vendor/Explanation Account Description Business Unit 160950 11 WALSER CHRYSLER JEEP Equipment Parts Fleet Services 160951 998 WATER SPECIALTY OF MN INC Chemicals Pool Maintenance 160952 627 WATSON CO INC,THE Merchandise for Resale Concessions 160953 84 WAYTEK INC Operating Supplies Park Maintenance 160954 160 WICHTERMAN'S LTD Equipment Repair&Maint Fleet Services 160955 1,610 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 160956 604 WINE MERCHANTS INC Wine Domestic Prairie View Liquor Store 160957 32 WINE SOURCE INTERNATIONAL Wine Imported Den Road Liquor Store 160958 78 WORLD CLASS WINES INC Wine Imported Den Road Liquor Store 160959 1,208 X-ERGON Operating Supplies Utility Operations-General 160960 8 XCEL ENERGY Electric Sewer Liftstation 160961 336 ZAHN,GERALD Other Contracted Services Volleyball 160962 160 A MEYER'S ENTERPRISES INC Instructor Service Outdoor Center 160963 1,406 ABM EQUIPMENT AND SUPPLY COMPA Equipment Repair&Maint Fleet Services 160964 432 ABRAKADOODLE Instructor Service Special Events&Trips 160965 32 AKHTAR,MOIZ Program Fee Water Games 160966 400 ALEXANDRIA TECHNICAL COLLEGE Conference Expense Fire 160967 10,515 ALTERNATIVE BUSINESS FURNITURE Capital Under$2,000 Furniture 160968 715 AMERIPRIDE LINEN&APPAREL SER Repair&Maint.Supplies Prairie View Liquor Store 160969 4,132 AMSAN BRISSMAN-KENNEDY Supplies-General Bldg Garden Room Repairs 160970 193 ANCHOR PRINTING COMPANY Printing Police 160971 7 ANGELL-AIRE Cash Over/Short General Fund 160972 86 APCO INTERNATIONAL Conference Expense Fire 160973 1,946 ARCH WIRELESS Pager&Cell Phone Wireless Communication 160974 100 ARVIDSON,MARK Refunds Environmental Education 160975 226 ASPEN WASTE SYSTEMS INC. Waste Disposal Den Road Liquor Store 160976 335 ASSET RECOVERY CORPORATION Miscellaneous Information Technology 160977 88 AVI SYSTEMS INC Video&Photo Supplies Communication Services 160978 168 BARNES,BELINDA A. Other Contracted Services Volleyball 160979 814 BAUER BUILT TIRE AND BATTERY Tires Fleet Services 160980 40 BCA/TRAINING&DEVELOPMENT Tuition Reimbursement/School Police 160981 981 BELLBOY CORPORATION Operating Supplies Prairie View Liquor Store 160982 36 BERRY COFFEE COMPANY Operating Supplies Senior Center Operations 160983 250 BEST&FLANAGAN LLP Other Contracted Services Rehab 160984 7,182 BIO-KEY INTERNATIONAL Software Maintenance Information Technology 160985 235 BLOOMINGTON SECURITY SOLUTIONS Small Tools General Facilities 160986 502 BRO-TEX INC Equipment Parts Fleet Services 160987 486 BROWN TRAFFIC PRODUCTS Equipment Repair&Maint Traffic Signals 160988 105 BUCA Other Contracted Services Internal Events 160989 213 BUCHANAN,KURT Video&Photo Supplies Fire 160990 160 CAMPOS,LORI Instructor Service Outdoor Center 160991 17 CAWLEY COMPANY,THE Clothing&Uniforms Community Center Admin 160992 10,710 CENTERPOINT ENERGY Gas Fire Station#1 160993 3,845 CENTURYTEL Telephone General 160994 73 CHASKA PARKS AND RECREATION Instructor Service Special Events&Trips 160995 175 CLAREYS INC Office Supplies General 160996 325 CLAUDE'S CERAMIC TILE INC Contract Svcs-General Bldg Garden Room Repairs 160997 3,881 COMMISSIONER OF TRANSPORTATION Improvement Contracts Improvement Projects 2006 160998 140 COMMUNITY HEALTH CHARITIES United Way Withheld General Fund 160999 5,625 CORNERSTONE Other Contracted Services Housing,Trans,&Human Sery 161000 1,470 CORPORATE EXPRESS Office Supplies General 161001 217 COSTCO Operating Supplies Fire 161002 1,358 COSTCO Employee Award Organizational Services 161003 100 CRICHTON,MARK Refunds Environmental Education 161004 2,349 CUTLER-MAGNER COMPANY Treatment Chemicals Water Treatment Plant 161005 70 D'AMICO AND SONS Operating Supplies Fire 161006 5,151 DAY DISTRIBUTING Beer Prairie Village Liquor Store 161007 1,707 DECORATIVE DESIGNS INC Contract Svcs-Int.Landscape City Center Operations 161008 41 DELEGARD TOOL CO Small Tools Park Maintenance 161009 2,210 DELL Computers Fire Station#4 161010 97 DEZENSKI,JEFFREY Operating Supplies Fire 161011 1,592 DLT SOLUTIONS INC. Software Maintenance Information Technology 161012 336 DOHERTY,SANDRA L Other Contracted Services Volleyball 161014 1,831 DOODY MECHANICAL SERVICE Contract Svcs-Plumbing Garden Room Repairs 161015 1,583 EAGLE WINE COMPANY Wine Domestic Den Road Liquor Store 161016 214 EARL F ANDERSEN INC Operating Supplies Traffic Signs 161017 243 ECOLAB INC Contract Svcs-Pest Control Senior Center 161018 120 EDEN PRAIRIE CHAMBER OF COMMER Miscellaneous City Manager 161019 51 EGGERT,JEFF Tuition Reimbursement/School Fire Check# Amount Vendor/Explanation Account Description Business Unit 161020 215 EHLERS&ASSOCIATES INC Conference Expense Community Development Admin. 161021 30 EICKHOLT,MARCY City Building Rental City Center Operations 161022 23,646 ELK RIVER FORD Autos Police 161023 161 EXTREME BEVERAGE Beer Den Road Liquor Store 161024 1,296 FAMILY&CHILDRENS SERVICE Other Contracted Services Housing,Trans,&Human Sery 161025 150 FBINAA Dues&Subscriptions Police 161026 105 FIRE MARSHALS ASSN OF MINNESOT Dues&Subscriptions Fire 161027 785 FLAHERTYS HAPPY TYME COMPANY Misc Taxable Prairie View Liquor Store 161028 7,334 FLSMIDTH Machinery&Equipment Utility Improvement Fund 161029 703 FSH COMMUNICATIONS LLC Telephone Miller Park 161030 628 G&K SERVICES-MPLS INDUSTRIAL Janitor Service Utility Operations-General 161031 667 GE CAPITAL Other Rentals General 161032 77 GETTMAN COMPANY Misc Taxable Prairie Village Liquor Store 161033 113 GIRARD'S BUSINESS SOLUTIONS IN Other Rentals Finance 161034 402 GLENROSE FLORAL AND GIFT SHOPS Deposits Escrow 161035 378 GOT SWAT GEAR.COM INC Clothing&Uniforms Police 161036 1,728 GRAINGER Supplies-HVAC City Hall-CAM 161037 295 GRAPE BEGINNINGS Misc Taxable Prairie Village Liquor Store 161038 6,093 GREENSIDE INC Contract Svcs-Snow Removal City Hall-CAM 161039 20,335 GREGERSON ROSOW JOHNSON&NILA Legal Legal Criminal Prosecution 161040 5,443 GRIGGS COOPER&CO Liquor Prairie Village Liquor Store 161041 658 HACH COMPANY Laboratory Chemicals Water Treatment Plant 161043 28,043 HARTLAND FUEL PRODUCTS LLC Motor Fuels Fleet Services 161044 55 HENNEPIN COUNTY TREASURER Operating Supplies Planning 161045 25 HENNEPIN COUNTY TREASURER Operating Supplies Planning 161046 115 HENNEPIN COUNTY TREASURER Operating Supplies Planning 161047 50 HENNEPIN COUNTY TREASURER Operating Supplies Planning 161048 900 HENNEPIN COUNTY TREASURER Licenses&Taxes Riley Lake 161049 200 HENRY,PAUL Other Contracted Services Broomball 161050 63 HOLMES,DAVE Other Contracted Services Basketball 161051 797 HOLMES,JOHN CARTER Other Contracted Services Basketball 161052 278 HOLMES,TOM Other Contracted Services Volleyball 161053 100 IACP Dues&Subscriptions Police 161054 3,185 IND SCHOOL DIST 272 Grants-Other Youth Programs Administration 161055 1,500 INNOVATIVE GRAPHICS Clothing&Uniforms Safety Camp 161056 810 INTERNATIONAL UNION OF OPERATI Union Dues Withheld General Fund 161058 165 ITS A KEEPER Employee Award Organizational Services 161059 115 J H LARSON COMPANY Repair&Maint.Supplies Park Maintenance 161060 540 JACOBS,JOHN G Other Contracted Services Basketball 161061 149 JANEX INC Cleaning Supplies Community Center Maintenance 161062 7,031 JJ TAYLOR DIST OF MN Beer Prairie View Liquor Store 161064 16,698 JOHNSON BROTHERS LIQUOR CO Transportation Prairie Village Liquor Store 161065 400 KEEPERS Clothing&Uniforms Police 161066 250 KNUDTSON,STEVE Other Contracted Services Broomball 161067 60 KRAEMERS HARDWARE INC Operating Supplies Skating Rinks/Warming Houses 161068 5,020 KUSTOM SIGNALS INC Other Assets Police 161069 770 LIONS TAP Operating Supplies Police 161070 31,126 LOGIS LOGIS Information Technology 161071 26 LUSIAN,WALTER Program Fee Special Events&Trips 161072 374 M.AMUNDSON LLP Operating Supplies Den Road Liquor Store 161073 120 MAGC Dues&Subscriptions Communication Services 161074 4,268 MARK VII Beer Prairie Village Liquor Store 161075 6,264 MATTS AUTO SERVICE INC Other Contracted Services Police 161076 650 MAXIMUM SOLUTIONS INC Software Maintenance Information Technology 161077 75 MECA Dues&Subscriptions Storm Drainage 161078 358 MENARDS Recreation Supplies Volleyball 161079 1,461 METRO SALES INCORPORATED* Other Rentals General 161080 67 METROPOLITAN FORD Equipment Parts Fleet Services 161081 318 MIDWEST COCA COLA BOTTLING COM Misc Taxable Den Road Liquor Store 161082 1,107 MINN CHILD SUPPORT PAYMENT CTR Garnishment Withheld General Fund 161083 25 MINNESOTA OD NETWORK Dues&Subscriptions Human Resources 161084 26 MINNESOTA DEPT OF REVENUE Garnishment Withheld General Fund 161085 133 MINNESOTA GLOVE INC Safety Supplies Fleet Services 161086 80 MINNESOTA LEGAL REGISTER Operating Supplies Assessing 161087 2,425 MINNESOTA PRINT MANAGEMENT LLC Office Supplies Water Accounting 161088 159 MINNESOTA SAFETY COUNCIL Conference Expense Risk Management 161089 156 MINNESOTA TROPHIES&GIFTS Operating Supplies Police 161090 213 MINNESOTA'S BOOKSTORE Operating Supplies Assessing 161091 114 MORAN USA,LLC Operating Supplies Den Road Liquor Store Check# Amount Vendor/Explanation Account Description Business Unit 161092 169 NCPERS GROUP LIFE INSURANCE Life Insurance EE/ER General Fund 161093 7,911 NILSSEN,BETH Instructor Service Ice Arena 161094 130 NOKOMIS SHOE SHOP Clothing&Uniforms Inspections-Administration 161095 1,499 NORTHERN SAFETY TECHNOLOGY INC Capital Under$2,000 Fleet Services 161096 19 O'REILLY AUTO PARTS Equipment Parts Fleet Services 161097 6,197 OLYMPIC HILLS GOLF CLUB Other Contracted Services Internal Events 161098 12 OSI BATTERIES INC Equipment Parts Fleet Services 161099 2,271 PAUSTIS&SONS COMPANY Wine Imported Prairie View Liquor Store 161100 100 PETRESCU,CATALIN Refunds Environmental Education 161101 4,947 PHILLIPS WINE AND SPIRITS INC Transportation Prairie Village Liquor Store 161102 344 PITNEY BOWES INC Postage General 161103 100 POST,DEBBIE Refunds Environmental Education 161104 4,427 PRAIRIE ELECTRIC COMPANY Contract Svcs-Electrical Garden Room Repairs 161105 163 PRIOR WINE COMPANY Wine Imported Den Road Liquor Store 161106 217 PROP United Way Withheld General Fund 161107 156 QUALITY PROPANE Motor Fuels Ice Arena Maintenance 161108 5,833 QUALITY WINE&SPIRITS CO Liquor Den Road Liquor Store 161109 13,000 QUANTUM ART INC Software Maintenance Information Technology 161110 51 QUICKSILVER EXPRESS COURIER Miscellaneous Economic Development 161111 4,217 QWEST Telephone Prairie Village Liquor Store 161112 234 RANDY'S BOBBY&STEVE'S AUTOWO Equipment Repair&Maint Police 161113 518 REBS MARKETING Other Contracted Services Water Accounting 161114 30 RICHFIELD,CITY OF Autos Police 161115 1,425 RICMAR INDUSTRIES Chemicals Park Maintenance 161116 227 RIGHTWAY GLASS INC Equipment Repair&Maint Fleet Services 161117 1,010 ROOT 0 MATIC Contract Svcs-Plumbing Garden Room Repairs 161118 233 RUFFRIDGE JOHNSON EQUIPMENT CO Equipment Parts Fleet Services 161119 50 RYLANEE,ROBERT Refunds Environmental Education 161120 200 SCOTT COUNTY Deposits Escrow 161121 109 SHAMROCK GROUP,INC-ACE ICE Misc Non-Taxable Prairie Village Liquor Store 161122 448 SIMPLEXGRINNELL LP Contract Svcs-Fire/Life/Safe Community Center Maintenance 161123 1,848 SKYHAWKS SPORTS ACADEMY INC Instructor Service Camps 161124 17 SNAP-ON TOOLS Small Tools Fleet Services 161125 291 SPECIALTY WINES AND BEVERAGES Wine Imported Den Road Liquor Store 161126 1,030 SPS COMPANIES Supplies-Plumbing Community Center Maintenance 161127 522 SQUARE CUT Contract Svcs-General Bldg Police City Center 161128 793 ST JOSEPH EQUIPMENT INC Equipment Repair&Maint Fleet Services 161129 87 STAAF,CARTER Operating Supplies Reserves 161130 100 STENE,LISA Refunds Environmental Education 161131 2,500 STOREFRONT GROUP,THE Other Contracted Services Housing,Trans,&Human Sery 161132 214 STREICHERS Clothing&Uniforms Police 161133 200 SUN NEWSPAPERS Legal Notices Publishing City Clerk 161134 591 TANK RENU/RADIATOR WEST Equipment Parts Fleet Services 161135 3,000 TEENS ALONE Other Contracted Services Housing,Trans,&Human Sery 161136 272 THIELMAN,MARC Supplies-General Bldg General Facilities 161137 8,298 THORPE DISTRIBUTING Beer Prairie Village Liquor Store 161138 22 TOLL GAS AND WELDING SUPPLY Equipment Repair&Maint Park Maintenance 161139 5,325 TRAFFIC CONTROL CORPORATION Software Construction Fund 161140 290 U S BANK Paying Agent HRA 2002A LEASE REVENUE BONDS 161141 180 UNITED WAY United Way Withheld General Fund 161142 75 UNIVERSITY OF MINNESOTA Conference Expense Engineering 161143 4,153 US LEASING&SALES Equipment Repair&Maint Fleet Services 161144 1,969 US POSTMASTER-HOPKINS Postage Water Accounting 161145 100 VANDRIEL,CRIS Refunds Environmental Education 161146 88 VERIZON WIRELESS Pager&Cell Phone Police 161147 501 VIRCHOW KRAUSE&COMPANY Computers Capital Impr./Maint.Fund 161148 500 WADENA COUNTY SHERIFF'S DEPART Deposits Escrow 161149 574 WATSON CO INC,THE Merchandise for Resale Concessions 161150 21 WHITE,BECKI Operating Supplies Fire 161151 2,091 WINE COMPANY,THE Wine Domestic Prairie View Liquor Store 161152 1,399 WINE MERCHANTS INC Transportation Prairie Village Liquor Store 161153 335,166 XCEL ENERGY Electric Street Lighting 161154 437 WEEDMAN,NICOLE Mileage&Parking Youth Programs Administration 161155 111 BRINK,PATRICK Mileage&Parking Communication Services 161156 245 DEPARTMENT OF LABOR AND INDUST Conference Expense Inspections-Administration 161157 140 DEPARTMENT OF NATURAL RESOURCE Operating Supplies Park Maintenance 161158 175 DVORAK,PAUL AR Utility Water Enterprise Fund 161159 5,642 RICHFIELD,CITY OF Autos Public Works 161160 100 SAFE KIDS NORTHWEST METRO MINN Tuition Reimbursement/School Police Check# Amount Vendor/Explanation Account Description Business Unit 161161 6,423 STANDARD INSURANCE CO Life Insurance EE/ER Health and Benefits 3,720,106 Grand Total CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 1st Reading of an Ordinance ITEM NO.: XI.A. Scott Neal, City Manager Establishing the Budget Advisory Commission Requested Action Move to: Approve first reading of an Ordinance amending City Code sections 2.23 by establishing a Budget Advisory Commission; and adopting by reference city code chapter 1 and section 2.99,which among other things, contain penalty provisions. Synopsis At the Council's January 16 meeting, Mayor Young proposed the establishment of a new citizen advisory commission to assist the city with the management of the City's annual budget. Mayor Young asked for Councilmembers to review a draft charter statement for the proposed commission and to report any questions, concerns or ideas to the Council at the Council's February 6 meeting. At the February 6 meeting, Councilmember Duckstad shared a suggested mission statement for the commission. There was a consensus of support for the proposal put forward by Councilmember Duckstad. I have reformatted Councilmember Duckstad's proposal to more closely align with the structure we use to describe the City's advisory commissions in chapter 2.23 of the City Code. The reformatted version of Councilmember Duckstad's proposal is attached to this memorandum. Attachment Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODES SECTIONS 2.23 RELATING TO BOARDS AND COMMISSIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.23 Subd. 1. entitled, "Establishment" is amended by adding a new Subd. 1. F. as follows: F. Budget Advisory Commission Section 2. City Code Section 2.23 Subd. 2. entitled, "Duties and Responsibilities" is amended by adding a new Subd. 2. F. as follows: F. Budget Advisory Commission. The Budget Advisory Commission shall consist of five to seven members-at-large appointed by the City Council. The chair and vice-chair of the commission shall be appointed by the City Council. The commission shall act in an advisory capacity to the City Council in connection to the formation of a biennial City budget. The responsibilities of the commission shall include the following: 1. Review the overall policy direction for the budget as communicated by the City Council to the City Manager. 2. Interact with City Manager and City staff to learn about the City's statutory and discretionary budgetary procedures and practices. 3. Review budget drafts, documents and other related budget information related to the City budget. 4. Attend City Council workshops, meetings, forums and other events related to the City budget. 5. Review and comment to the City Council on intermittent budget proposals prepared by the City staff. 6. Propose budgetary and operational reforms with a goal aiding the City Council in making fiscally sound budget decisions. 7. Meet as frequently as necessary to accomplish their mission. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of February, 2007. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of , 2007. CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.B. Community Bent Creek Golf Course Rezoning— Development/Planning 1st Reading Janet Jeremiah Michael Franzen Requested Action Move to: • Adopt the Findings and Conclusions; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC- Golf Course 105.8 acres. Synopsis This is a continued item from the February 6, 2007, meeting. The public hearing was closed, discussion was tabled on the 1st and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. Attachments Ordinance Findings and Conclusions Public Input BENT CREEK GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2007 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 11 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 GC-Golf Course District. Section 3. 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 GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, 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, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A—Legal Description Bent Creek Golf Course Page 1 of 1 Outlot B Edenvale 2nd Addition Outlot E Edenvale 2nd Addition Outlot H Edenvale 2nd Addition Outlot A Fairway Woods 2nd Addition Outlot B Fairway Woods 3rd Addition Outlot C Fairway Woods 3rd Addition Outlot I Edenvale 2nd Addition except that part thereof lying westerly of a curve concave to the west having a radius of 185 ft. Said curve beginning at a point on the westerly line of said Outlot I, a distance of 73.98 ft southerly from the northwest corner of said Outlot I and passing through a point on said westerly line a distance of 215.37 ft southerly from said northwest corner. FINDINGS OF FACT AND CONCLUSIONS FINDINGS OF FACT 1. On June 16, 1970, Eden Land Corporation through Donald Peterson presented and formally submitted to the Eden Prairie Planning and Zoning Commission the "PUD Concept State Application." The Planning Commission by unanimous vote accepted the Eden Land Corporation planner's proposal for staff review and report. 2. On July 7, 1970, the Eden Prairie Planning Commission considered the preliminary staff report on the Planned Unit Development (PUD70-3) Eden Prairie's Golf Course Area. The minutes of the meeting identify that Donald Peterson made a presentation to the Planning Commission of two plans labeled A and B. The minutes further reflect that Mr. Peterson presented a number of documents designating the public and quasi-public open spaces and that they represented 24% of the total 980 acre project area. The minutes state, "The proposal included about 63 acres of public land including a 22 acre combination elementary school and neighborhood park site. About 18 acres of public land was located within the flood plain of Purgatory Creek. He said the project also contained 52 acres of private open space." The Commission advised the applicant that it would consider the proposal again on its meeting of July 21, 1970. 3. A meeting of the Eden Prairie Planning Commission was held July 21, 1970. The Edenvale Planned Unit Development. Eden Prairie Golf Course Area. Was item III. B. on the agenda. Mr. Peterson responded to the staff report presented at the meeting and referred to Edenvale document supplementary information for Edenvale PUD Application 70-4. Mr. Skjelbostad moved that the Commission recommend to the Council to set a hearing date for Edenvale PUD 70-4 and [the Commission] would pass on additional information received at our next Commission meeting. Motion was seconded by Mrs. Schee. The motion carried unanimously. 4. A meeting was held by the Eden Prairie Planning Commission on August 4, 1970. The Commission received recommendations and a report on Edenvale Planned Unit Development Eden Prairie Golf Course Area. The Commission recommended to the City Council that it accept the concept plan as recommended by Brauer and Associates. 5. On August 25, 1970, the Eden Prairie Village Council held a public hearing on the Edenvale Planned Unit Development Concept Plan. Mr. Don Peterson, Executive Vice-President of the Eden Land Corporation, presented the project named Edenvale. Mr. Peterson identified that the project would encompass approximately 1,000 acres of land; and that the property includes the Eden Prairie Golf Course. Mr. Peterson noted that the application of Eden Land Corporation "...stated their commitment to maintain the golf course within the development." 6. On August 25, 1970, the Village Council adopted Resolution No. 362 approving the Planned Unit Development Concept Plan for Edenvale as submitted by Eden Land Corporation. 7. On July 9, 1970, Brauer and Associates, Inc. as staff to the Village of Eden Prairie presented its Planning Review Report to the Planning and Zoning Commission. The Planning Review Report of Brauer Associates states in Section D. Planned Proposal, No. 1 Concept Stage, Land Use the following: "Residential. Considering the nature of this specific single family situation, it is the recommendation of the staff that the two units/acre maximum be waived. The golf course supplies more than adequate open space and the lots conform to the 13,500 square foot minimum. An alternate to this would be a new classification without the two units per acre maximum." The Planning Review Report also identifies commercial and industrial land uses proposed for Edenvale. Section D. 1. of the Planning Review Report also identifies community facilities and a quasi- public area. The report states under the heading "Quasi-Public" the following: "The 115 acre golf course is a major quasi-public space. Eden Land Corporation will issue assurance on the golf course which will guarantee its use as recreational land and prohibit its future development as building sites." 8. Eden Land Corporation presented to the Village of Eden Prairie in connection with its application for Edenvale a document entitled Edenvale Fact Sheet, August 1, 1970. The fact sheet notes the following: a. The center of Edenvale is occupied by the Eden Prairie Golf Course, an existing 27 hole golf course which has been operating for several years. (Page 1.) b. The Edenvale Fact Sheet identifies that Edenvale consists of three separate areas, a northwestern area, a northeast residential area and an area of approximately 437 acres which is the business activity core of the area. (Page 1.) c. The Edenvale Fact Sheet identifies that the northeast residential area will contain an 18 hole complete public golf course and practice range located in this area which will provide recreational facilities for the residents of the area as well as the southwest metropolitan region. (Page 1.) d. The Edenvale Fact Sheet identifies that the overall building density for the northwest residential area of 303 acres is 1,741 units or approximately 5.75 units per acre; that the northeast residential area containing 257 acres contains an overall building density of 1,545 units or approximately 5.88 units per acre; and that the southeast district contains 437 acres consisting of multiple dwelling, industrial park, office commercial, retail center and public with an overall residential density of 856 units or 1.9 units per acre. (Page 1.) e. The Edenvale Fact Sheet identifies in the northeast residential area, the golf course as comprising 116 of the 257 acres of the northeast residential area. (Page 2.) 2 f. The Edenvale Fact Sheet further identifies that the total overall residential density is 4,142 units or 4.2 units per acre with approximately 250 acres open space not including greenways and roads of which 63 acres are public dedication and 115 acres are golf course. (Page 2.) g. The Edenvale Fact Sheet states "Edenvale has been thoroughly planned by professional planners and engineers and is proposed as a complete community improvement for Eden Prairie. The concept for Edenvale which has been followed in the planning is to provide a complete community development which will provide attractive, functional residential areas with adequate open space and recreational areas as well as neighborhood convenience shopping and service areas, school sites, church sites and a full range of business activity in the commercial core designated on the Village's Comprehensive Guide Plan. (Page 3.) h. The Edenvale Fact Sheet includes a map depicting the Golf Course as part of Edenvale's overall acreage. (Page 4.) The overall density of 4.2 units per acre referred to above in (f) is based on 997 acres which include the golf course. 9. Eden Land Corporation also presented to the Village of Eden Prairie the identification of the offices of the Eden Land Corporation. Mr. Donald Peterson is identified as the Executive Vice President and Chief Operating Officer, a registered professional civil engineer who from 1965-1969 was employed by the City of South St. Paul as City Engineer; also served as the City's Director of Housing and Redevelopment Authority; and that Mr. Peterson received his degree in civil engineering from the University of Minnesota in 1957. 10. Also presented to the Village of Eden Prairie was a document entitled "Fact Sheet on Edenvale, a New Community Ecologically Planned for Living in the Future." The Fact Sheet states on Page 3: The northeast area will consist of high quality, single family detached dwellings, some attached single family dwellings or townhouses, and low and medium density apartments. There will be a complete 18 hole golf course and practice range in this area and other recreational facilities. 11. On Page 4, the Fact Sheet identified in the paragraph above states the development schedule. The development schedule included that"by 1971, the golf course will be improved and townhouses as well as single family dwellings on 31 acres in the northeast area will be completed." 12. On June 17, 1970, Eden Land Corporation released a "news release" regarding "Ecology Guides Plans for Edenvale, New 1,000 Acre Community." In this news release Edenvale Land Corp states "Schools, churches and recreational areas will be coordinated 3 with shopping centers, office buildings, medical facilities and residential sites through a network of greenways tied to a park system and golf course. "Further, the news release goes on to state "The golf course for Edenvale is already in existence, in the form of a 27 hole public course. While the course will remain public and within tree-covered walking distance, the course will be completely redesigned to a more spacious 18 holes and a practice range to fit into the surrounding development." 13. A map entitled "Land Use Plan" prepared July 1970 by Eden Land Corp depicts the various land uses proposed for the Edenvale development. The Golf Course property, consisting of 115.52 acres, is in the separate use category "Golf Course." The map was updated 5-72 with a map entitled Edenvale Land Use Plan. 14. Supplemental information for Edenvale PUD Application 70-4 was submitted to the Village of Eden Prairie. In Section 3 of the document entitled"Community Facilities" it is stated"A summary of public open space shown on Plan B as we have calculated is as follows:" Total public open spaces identified as 62.6 acres identified by Edenvale Land Corp as "quasi-public golf course is a 115.5 acres." The document further identifies major private open spaces 55.7 acres for a total major open space of 235.8 acres. The document then identifies that 18 acres within the Purgatory flood plain should not be credited to arrive at a total credited open space of 44.6 acres. Further the document states, "The 5%park dedication required by policy of the village would be as follows: Edenvale total acreage: 997.0 acres Golf Course (quasi-public): 115.5 acres 881.5 acres 5.0 %x 881.5 acres=44.08 acres At the end of Section 3 of the Supplemental Information for Edenvale PUD Application 70-4 is a subsection entitled"Quasi-Public." In this section it is stated "Eden Land Corporation will issue assurances on the 18 hole golf course which will guarantee its use as recreational land so that it will not be developed into building sites." The Supplemental Information for Edenvale PUD Application 70-4 is submitted by Donald R. Peterson, Executive Vice-President, Eden Land Corporation. 15. In an attachment to the Supplemental Information for Edenvale PUD Application 70-4 is a document entitled "Edenvale." This is a summary of provisions to provide ownership and responsibility for maintenance of open space. The document identifies open space be provided for different types of uses and summarizes those uses. The first category is identified as "Public Park Dedication." The second use identified is "the Eden Prairie Golf Club will be retained and changed into a quality 18 hole golf course with a practice range. This course will be provided as a public course owned, maintained and operated by Eden Land Corporation or as a subsidiary corporation. At some future date, this course may be sold to a member association or corporation or will be operated 4 for the residents and members as a private club; under all circumstances, the land will be retained for recreational uses. The third category of open space is large open space shown on the land use plans and common open space which are not shown but will be provided for the use of individual neighborhoods or building groups. 16. The City's files also contain a Revised August 1, 1970 Second Supplement August 25, 1970 for the Edenvale Planned Unit Development Concept Stage Application. The document is signed by Donald R. Peterson, Executive Vice-President, Eden Land Corporation. In the introduction, the document states that the Application follows the format of the April 27, 1970 "P.U.D. Procedures" to allow the most orderly expedient presentation and review. The second page of the Revised Second Supplement states that "This application report is intended to present in a concise, orderly manner, a summary of many months of planning and development study. It is designed to acquaint you with pertinent facts, data and concepts of many facets of a Complete Planned Development for Edenvale. Under the Section 1 entitled "Land Use," Page 8, a statement is repeated that "There will be an 18 hole complete public golf course and practice range located within this area [northeast residential area] which will provide recreational facilities for the residents of the area as well as the southwest metropolitan area. On Page 9, in a description of the northeast residential area, 115.5 acres are identified as golf course. At the bottom of Page 9 a total maximum density is identified as 4.2 units per acre. The Second Supplement states "Overall, there will be approximately 257 acres of open space, of which 71 acres consists of major greenways, ponds and recreation areas, 70 acres consists of public land and 116 acres consists of an 18 hole golf course." 17. On Page 10, Section 3 of the Second Supplement, the statement is made "Edenvale Will Include Proper Open Space, Public Park and Recreation Areas for the Residents of the Area. Approximately 250 acres of open space will be provided in Edenvale of which 49 acres will be public park dedication and 116 acres will become a golf course." Further, the section states "All of the open space provided in Edenvale will be reserved for public use by restrictions placed on the deeds at the time of sale by the Eden Land Corporation." Attached to the Second Supplement is the Supplemental Information for Edenvale PUD Application 70-10, signed by Donald R. Peterson. 18. In addition, in Section II, Summary of Land Use in Edenvale, Page 3, the golf course is identified as 115.5 acres, in a summary of the various land uses proposed within Edenvale which total 997 acres. A summary of the overall land use showed 418 acres or 42% in residential or private open space; 270 acres or 27% in office, commercial and shopping center; 119 acres or 12% in industrial; and 190 acres or 19% in public uses — parks, golf course, schools, churches. 19. The statement is further made at the end of the Summary cited above "Within Edenvale there will be a total open space of about 250 acres or 25% of the Project Area of which 63 acres are public dedication and 116 acres are golf course." In Section IV entitled "Edenvale Development Schedule," the golf course is identified under the year 1971 for 115.5 acres and the dedication [no sales]. 5 20. The Village of Eden Prairie by Resolution No. 362 approved the Planned Unit Development Plan for Edenvale PUD 70-4. The resolution states "THAT, approval be given to the project "Edenvale" which would encompass approximately 1,000 acres of land situation north of Trunk Highway 5, east of Purgatory Creek, south of Birch Island Road and west of King's Forest Additions." The property would include the Eden Prairie Golf Course. 21. By Resolution No. 549, the Village of Eden Prairie approved an amendment to the Edenvale Planned Unit Development Plan adopted August 25, 1970. The amendment included realignment of the fairways in the Edenvale Golf Course, realignment of all residential areas adjacent to the golf course and a proposal for a neighborhood commercial center. The resolution was adopted July 25, 1972. 22. The minutes of the Village Council's meeting of August 25, 1970 with respect to the Edenvale Planned Unit Development Concept Plan state "Mr. Peterson noted that the Eden Land Corporation had included in their list of development objectives a statement expressing their willingness to participate with the Village or some other public body in the development of housing for low and moderate income families. He also noted that their application stated their commitment to maintain the golf course within the golf course." 23. The minutes of the Eden Prairie Village Council of March 24, 1970 identify under "Petitions, Requests and Communications" Eden Land Corp Development Plan, approximately 1,000 acres north of T.H. 5. The minutes reflect that Mr. Don Peterson, representing Eden Land Corporation, presented and explained a letter dated March 18, 1970, outlining general plans for the development of their property over the next few years. The lands represented by Eden Land Corporation include approximately 1,000 acres between T.H. 5 and Birch Island Road and include the Eden Prairie Golf Course. 24. A document presented to the Village entitled "Edenvale: Facts in Brief' identifies 116 acres as a golf course (18 holes) in the northeast residential area. 25. Edenvale Fact Sheet dated January 1, 1971 identifies "The Center of Edenvale is occupied by the Eden Prairie Golf Course, an existing 27 hole golf course which has been operating for several years." The Edenvale Fact Sheet further identifies that in the northeast residential area "There will be an 18 hole complete public golf course and practice range located within this area which will provide recreational facilities for residents for the area as well as the southwest metropolitan region." The Fact Sheet further identifies that there will be approximately 250 acres of open space, not including greenways and roads of which 63 acres are public dedication and 115 acres are golf course. 26. In an Edenvale Planned Unit Development 70-4 concept state evaluation by Brauer and Associates under the heading "Community Facilities," 50.9 acres are identified as public areas and an 18 hole golf course as a large quasi-public area. 6 27. In the Sun newspaper of July 27, 1970, it was reported that the Edenvale proposed community facilities do not add up to a full 5% dedication as required by Village ordinances. Donald Peterson, Vice-President of Eden Land Corp, the developers of Edenvale, stated that they will dedicate the required 5% but asked the Planning Commission to not require them to spell out the boundaries until detailed plans can be prepared. The newspaper further identified that "Mr. Peterson contended that out of the 997 acres of Edenvale, 245 acres or nearly 25% is already committed to public or open space. The figure includes the golf course; Peterson asked to be given credit for the open space provided by the course." 28. Village Manager George Hite is reported in the July 29, 1970 Sun newspaper article as stating that "He feels the golf course should be recognized because 'the golf course is a major factor on which this whole project revolves.' 29. On August 24, 1970, the Village Council held a public hearing for the Edenvale Concept Plan. The hearing was held at the Eden Prairie High School gymnasium. 30. The Edenvale slide presentation for the August 24, 1970 meeting contained an entry for existing land uses surrounding Edenvale, Edenvale Land Use Plan, land use map of northeast area, slide looking south at the north extension of golf course adjacent to King's Forest, a slide looking west down DVR at golf course and south school site, a slide looking north at golf course from Donates, an aerial half view of south half of golf course, a ground view from Valley View Road looking southwest at proposed fairways, a ground view looking east at Town House Hill on east side of course, and ground views of apartments on golf course. 31. In an article in the Sun newspaper of March 27, 1970 on the Edenvale plan, Mr. Peterson is reported to have informed the Council "The Eden Prairie Golf Course was included in the land the company acquired and he wished to assure the Village Council that the company intended to operate it without great changes as a public course in 1970. Substantial changes are planned for 1971, he said, the company will probably reduce the number of holes to 18, build a new golf house and change the borders of the course. All changes would be in the nature of improvements he indicated." 32. Brauer and Associates, Inc.'s planning staff for the Village of Eden Prairie presented its July 9, 1970 planning review report on the Edenvale Planned Unit Development 70-4. Under the topic of Planned Proposal, Section D., 1., various land uses are identified including "quasi-public." It is stated in the report as follows: "The 115 acre course is a major quasi-public space. Eden Land Corporation will issue assurance on the golf course which will guarantee its use as recreational land and prohibit its future development as a building site. 33. On July 25, 1972, a public hearing was held before the Eden Prairie Village Council with respect to an amendment of the Edenvale Planned Unit Development. The manager reported that the three phases of the hearing request PUD amendment, reclassification of zoning and preliminary plat approval. 7 34. At Item E of the council meeting, Mr. Peterson reviewed the proposed amendments to the Edenvale PUD of 1970. The minutes report that Mr. Peterson stated that "The revised PUD Land Use Plan would include the realignment of the fairways in the Edenvale Golf Course, realignment of residential areas adjacent to the golf course in a proposal for neighborhood commercial center. Public hearing was closed and Resolution No. 549 was adopted 4-1. 35. Planning Report dated July 5, 1972 regarding Edenvale Concept Plan — 1972 Revision was presented to the Village. The report provides a comparison of the 1970 Concept Plan to the 1972 Concept Plan. The golf course was changed from 115.5 acres to 108.7 acres, a difference of 6.8 acres. The report recommended approval of the revised Concept Plan dated June 1972. See Map Exhibit 13-2 referenced in Finding 13. 36. The City's Zoning Map dated 09/12/72, revised 12/01/73 identified the property including the golf course as PUD 70-4. 37. In a November 7, 1977 report from Brauer and Asssociates through the Director of Community Services, the issue of cash park fees applied to Edenvale and Preserve PUDs was discussed. The report recommended that the City elect to continue to enforce the original PUD concept of dedication and construction of facilities rather than application of the cash park fee for Edenvale on the Preserve. 38. By memorandum dated September 15, 1977, Marty Jessen, Director of Community Services, advised the Park, Recreation and Natural Resource Commission on land dedication requirements/cash park fee policies. With respect to the Preserve and Edenvale, the staff suggested that the Preserve, Edenvale and Hidden Ponds be exempt from the payment of the cash park fee. The rationale for such recommendation was that these three developments had satisfied the City's requirements for open space at the time at which they received concept approval. The report further states "While a subsequent analysis (see attached) of their public open space dedication indicated that the Cash Park Fee would have yielded greater value to the City than the dedication--we felt a"deal"had been cut and thus the City should stand by it." 39. On April 18, 1978 by Resolution No. 78-22, The City Council of the City of Eden Prairie adopted Resolution No. 78.22 that provided "The lands and facilities conveyed in connection with the original Planned Unit Development of the Preserve and Edenvale comply fully with the park fee requirements of the City of Eden Prairie, no additional cash fee payment will be required with the original Planned Unit Developments. All future developments proposed by the Preserve and Edenvale outside of the original PUD will be subject to the ordinance of the City of Eden Prairie as to cash park fees." 40. In a cash fee park report dated April 29, 1977, the park fee as to Edenvale was evaluated. The report identifies that Edenvale's PUD as approved by the City called for park and recreation land as follows: Neighborhood Park 22 acres, Purgatory Creek Quarter, east area park 15 acres, and Edenvale Golf Course. The report identifies the value based on 1976-1977 prices of public area and facilities of $298,000; and the 8 amount if the city were to assess cash park fees against Edenvale currently that it would generate $717,600 minus credits for its internal trail system. 41. In a letter dated September 6, 1973 from Eden Land Corp signed by Donald R. Peterson, President, to the Mayor and Village Council Members and Village Manager, Mr. Peterson addresses the Planning Commission's vote to deny a request for rezoning and construction of proposed units by Weist Builders, Inc. of two 5-6 story condominium buildings adjacent to Valley View Road and west of Edenvale Golf Course No. 1 Fairway. Mr. Peterson states in support of the request for approval that "We have invested over one million dollars in our golf course to provide an amenity which will serve the community and will enhance the value of the adjacent property. Our economic plans require us to recoup these substantial investments out of land sales and it is absolutely imperative to our success to build at or near the approved densities to come out." 1968 Guide Plan 42. The Village Council unanimously adopted its first Comprehensive Guide Plan on July 23, 1968. (City Council Minutes, July 23, 1968, page 5.) The Golf Course property is designated as Quasi-Public in the 1968 Guide Plan map. (Preliminary Guide Plan map, following Page 2.) 43. The Land Use section of the 1968, page 6, item (4), page 6, under the heading "Concept" Plan states "significant natural resources and amenities should be preserved to the greatest extent possible, through both public and private means. Developers must be required to prepare a natural resource inventory and evaluation and demonstrate that it is a basis for their plans." 44. Under the heading "Residential — Single Family," page 9, the 1968 Guide Plan states "the Village should encourage development which will preserve many of the natural environmental assets by assisting on design which clusters single family dwellings or include some low density multiple dwellings in return for preservation of significant open spaces." 45. In the Guidelines—Land Use section, page 13, under the heading "4) Planned Unit Development" the 1968 Guide Plan states "PUD procedures for zoning and development should be encouraged as soon as possible and applied generally throughout the Village." 46. In the same section, under the heading "6) Extensive Site Alteration" the 1968 Guide Plan states "general excavation and removal of large, scenic and wooded hills should be discouraged by offering additional density or complimentary, higher land use designations or building density's as an economic incentive." 47. The "Community Facilities-Park" Section, item 4(a), page 18 of the 1968 Guide Plan states that "dedication of at least five percent of acceptable land area, or equivalent cash contributions should be required of all developments, non-residential as well as residential." 9 48. In the 1968 Guide Plan map entitled "Community Facilities-Parks and Open Space," following page 20, the Golf Course is designated as Quasi-Public land. 1979 Guide Plan 49. Notice of the public hearing on the 1979 Guide Plan was published and the hearings held on June 12 and July 17, 1979. The Council unanimously approved the 1979 Guide Plan on July 17, 1979. (City Council Minutes, July 17, 1979, pages 2-3.) 50. The Introduction to the 1979 Guide Plan, page 1-1 states that in 1975 the City Council directed City Staff to update the 1968 Guide Plan so that"the planning directions for the City would be more current and more useful in the decision-making process of the City." It also states that the update would satisfy the Metropolitan Land Use Planning Act, enacted by the legislature in 1976, requiring the City's Guide Plan to be consistent with the Metropolitan Development Guide policies and recommendations. 51. Two of the purposes of the City's update to its Guide Plan were to: "1. Review the entire substance of the 1968 Guide Plan in light of the circumstances, needs and desires of the community today, [and] 3. Generate and develop broad community participation in the process as well as the products." (1979 Guide Plan,page 1-1.) 52. The 1979 Guide Plan states "[e]ffective planning begins with a realistic view of what is." In order to develop an accurate view of the present situation, the City involved "more than 300 individuals [who] played active roles in soliciting information and opinions, learning about the factual situation, and review with each other in small-group dialog, concerns, goals, objectives and planning ideas for the future of Eden Prairie." (1979 Guide Plan, page 1-2.) 53. A 1979 Guide Plan map entitled "Figure 2.6, Natural Conditions 1968/1977," following page 2-17, identifies the golf course property as Quasi-Public. 54. Under the heading "Land Use" on page 2-18 are listed the land use categories contained in the 1979 Guide Plan. The Quasi-Public category is defined as "churches, private schools, golf courses, hunting clubs, recreational facilities, homeowners associations' lands." 55. On a map entitled "Figure 2.8, Land Use," following page 2-18, the Golf Course property is guided Quasi-Public. 56. A 1979 Guide Plan map entitled "Figure 2.9, Occupancy," following page 2-20, designates the golf course property as Quasi-Public. 57. Under the heading "Quasi-Public Land," page 2-25, the 1979 Guide Plan designates Edenvale Golf Course as Quasi-Public land. The section also refers to a map entitled "Figure 2.11, Public/Quasi-Public Lands," located on the page following 2-26, which designates the Golf Course property as Quasi-Public. 10 58. On page 5-3, in"Section 5—Guide Plan Elements,"under the heading "Land Use," the 1979 Guide Plan states that 349 acres of City land will be designated as Quasi-Public. Following page 5-4 is a map titled "Figure 5.2, Metropolitan Urban Service Area" which designates the Golf Course property as Quasi-Public. 59. A 1979 Guide Plan map entitled "Figure 5.3, Community Facilities," following page 5-7, designates the Golf Course property as Quasi-Public and specifically as a golf course. 60. Under the heading "Parks-Open Space," on page 5-15, the 1979 Guide Plan states that the City's parks and open space must be preserved and that the "areas deserve protection not only for the sake of opportunities they offer to man, but for their own sake as well." Table 5-7, also on page 5-15, specifically includes golf courses as within the City's calculation of its parks and open space acreage. 61. A 1979 Guide Plan map entitled "Figure 5-12, Airport Safety Zones," following page 5-30, designates the Golf Course property as Quasi-Public. 2002 Guide Plan 62. The City updated its Guide Plan in 2002. Notice of the public hearing on the Guide Plan was published on January 24, 2002, and the hearings held on February 5 and March 19, 2002. (City Council Minutes, March 19, 2002, pages 2-3.) The Guide Plan update was unanimously approved by the City Council in Resolution 2002-58 on March 19, 2002. 63. In Chapter 3—Land Use Elements, Table 3.2, page 3-2 the 2002 Guide Plan states that as of July 6, 2001, the City has 1480.82 acres categorized as the Public/Quasi-Public for a total 6.55% of the City's area. Page 3-2, Section 3.2, Future Land Use, states "the original land use Guide Plan map was created in 1967 with the majority of it still represented today." 64. Under the heading "Public/Quasi-Public Facilities," page 3-4, the 2002 Guide Plan defines Quasi-Public land. This category includes "privately owned uses that resemble public uses such as land held by associations, golf courses, country clubs, and private schools." 65. Table 3.3, page 3-5 summarizes the City's land use Guide Plan for 2001 through 2020 showing the City has guided for Public/Quasi-Public land use 1459.19 acres for a total 6.46% of the City's area. 66. Figures 3.1, 3.2 and 3.3 follow page 3-13 of the 2002 Guide Plan. Figure 3.1, City of Eden Prairie Existing Land Use depicts the existing land use within the City as of January 1, 2004 and designates the Golf Course as "Golf Course." Figure 3.2, City of Eden Prairie Land Use Guide Plan Map 2001-2020" identifies the Golf Course as guided "Public/Quasi-Public." Figure 3.3, City of Eden Prairie Zoning Map identifies the Golf Course as zoned"Rural, One Family-10 acre min." 11 67. The 2002 Guide Plan, under the heading "Relationship to Zoning," pages 3-7 through 3-8 states "the future land use designations work jointly with the zoning designation to further the City's land use planning goals. The Land Use Guide Plan densities and classifications are a general guide, while the zoning standards govern actual development practice. As seen by comparing figures 3.2 and 3.3 [discussed in above paragraph], there are differences between zoning classifications and guided land use. The City will continue to bring the zoning map into conformance with the Guide Plan as future projects are reviewed." 68. The 2002 Guide Plan contains a map entitled "Figure 7.3, City of Eden Prairie Wetlands and Guided Land Use" (following page 7-18) which identifies the golf course property as Public/Quasi-Public. 69. On page 8-9, Chapter 8—Community Facilities Element, Section 8.4—Park and Open Space Plan, under the heading "Other/Private Recreational Facilities," the Bent Creek Golf Club is specifically named as a recreation facility available to Eden Prairie residents. 70. The 2002 Guide Plan contains a map entitled "Figure 8.2, Park, Open Spaces and other Recreation Areas" (following page 8-17) which specifically identifies the Bent Creek Golf Course and designates it as a golf course. 71. In Chapter 9—Implementation Tools, under the heading "Section 9.1—Zoning and Subdivision Ordinances," page 9-1, the 2002 Guide Plan states "the Zoning Ordinance and Zoning Map will be amended, as necessary, to reflect the new policies adopted by the City as part of this Comprehensive Plan." The Guide Plan, on page 9-1, also states that the next step in carrying out the goals and policies of the Guide Plan will be through the City's zoning ordinances. Moratorium Ordinance 72. The City passed Ordinance No. 10-2006 on March 21, 2006, which placed a moratorium on development "in Areas of the City Designated by the City's Comprehensive Guide Plan as Public/Quasi—Public which are used as Golf Course." 73. Ordinance No. 10-2006 was an interim ordinance made pursuant to Minn. Stat. §462.355, subd. 4. The City enacted the moratorium in order for the City to conduct a study to consider adoption or amendment of the City's Comprehensive Guide Plan and Zoning Code. 74. Ordinance No. 10-2006 stated that the purpose of the moratorium was "to allow time for a study...to be completed... to evaluate whether inconsistencies between the Comprehensive Guide Plan and the City's zoning controls...exist and to propose measures to cure any such inconsistencies between the City's comprehensive guide plan and City's zoning code." (Ord. 10-2006, Section 1.) Staff was directed to perform the study and, if inconsistencies were found, "to develop recommendations as to how to cure any such inconsistencies in furtherance of the general health, safety, and welfare of the City and its residents." (Ord. 10-2006, Section 3.) 12 City Council and Planning Commission Deliberations 75. Senior City Planner Michael D. Franzen submitted a Staff Report to the City Planning Commission on November 9, 2006. The Report discusses amending the City's Comprehensive Guide Plan to add golf courses as a land use and amending the City's zoning code relative to golf courses. 76. The Report states that the purpose behind the City's proposed amendments to its Comprehensive Guide Plan is to "specifically reflect golf course land uses." (Report, page 2.) The Report further states that the addition of a golf course as a land use category in the City's comprehensive plan will result in "consistency with, and conformity of, the Comprehensive Plan to the historical development, through the PUD process, in the case of Bent Creek Golf Club" and the other golf courses in the City. (Report, page 2.) 77. The Report, under the heading "Bent Creek Golf Club," subheading "Edenvale PUD 70-4," states "the area (referring to the Edenvale PUD) consists of approximately 1,000 acres of which approximately 115 acres are devoted to the golf course." (Report, page 2.) 78. Also under the same subheading, the Report states that the City Council adopted Resolution No. 527 on June 13, 1972 which gave final approval to the plat of Edenvale Second Addition. The plat describes the Golf Course as comprising four parcels: Outlots D, E, H and part of I of Edenvale 2nd Addition. The Report quotes the City's planning report dated March 20, 1972 as stating: "all of the land within the plat is also within the Edenvale PUD and is presently zoned Rural." (Report,page 2.) 79. Under the subheading "Ownership and Values" the Report on page 3 states that Eden Land Corporation (a/k/a Edenvale, Inc.) conveyed the Golf Course property to Golfview Investment Company No. 2 on April 28, 1978. The purchase price of the Golf Course was $875,000.00. Current (as of November 9, 2006) taxable market value of the golf course is $2,387,300.00. 80. Under the subheading "Guide Plan" the Report on page 3 includes the following information about the Bent Creek Golf Course property: a. The golf course property has been guided as "Quasi-Public" ever since the Comprehensive Plan was approved by the Village Council in 1968. b. The Comprehensive Plan was updated in 1977 and revised in 1978 and 1979 and in each revision and up to the present day the course has been guided Quasi-Public. c. Quasi-Public "includes privately owned uses that resemble public uses such as land held by associations, golf courses, country clubs, and private schools." 13 d. In the City's Comprehensive Plan, as amended from time to time, Quasi- Public uses have never included typical residential, office or industrial uses. 81. Under the subheading "Zoning" the Report on page 3 states that the course was in the R-A and M2 Districts pursuant to Ordinance No. 8 [repealed September 17, 1969]; the Public or Quasi-Public District pursuant to Ordinance 135 which became effective November 6, 1969; and the Rural District since the adoption of the City Code on September 17, 1982. 82. Also, under the subheading "Zoning" the Report states the City's current Zoning Ordinance does not include a Quasi-Public district and under current zoning the property can only be used for uses permitted in the Rural District which are consistent with the Comprehensive Guide Plan. 83. Under the subheading "Commitment to Maintain Golf Course" the Report on pages 3-4 lists commitments and promises made to maintain the Property as a golf course. The Report specifically refers to the following commitments: a. A June 17, 1970 news release on Edenland Corp. letterhead stated "while the course [referring to the golf course] will remain public and within tree covered walking distance, the course will be completely redesigned to a more spacious 18 holes and a practice range to fit into the surrounding development." b. A July 9, 1970 report to the Planning and Zoning Commission from Staff, Brauer & Associates, Inc., and under the caption "Quasi-Public" states the "150 acre golf course is a major Quasi-Public space. Eden Land Corporation will issue assurance on the golf course which will guarantee its use as recreational land and prohibit its future development as building sites." c. The supplemental information for Edenvale PUD Application 70-4, dated July 27, 1970 and signed by Donald R. Peterson executive VIP of Eden Land Corporation, states "Eden Land Corporation will issue assurances on the 18 hole golf course which will guaranty its use as recreational land so that it will not developed into building sites." d. The minutes of the Eden Prairie Village Council Meeting of August 25, 1970 state "he [referring to Mr. Peterson] also noted that their [referring to Edenvale Land Corporation] application stated their commitment to maintain the golf course within the development." After completing discussion of the PUD application, the Village Council adopted Resolution No. 362 approving the Edenvale PUD. The Resolution contains the following sentence, "the property would include the Eden Prairie Golf Course." 14 e. On January 31, 1972 on Eden Land Corp. letterhead Donald R. Peterson, President of Eden Land Corporation writes a letter to "Dear Neighbor" where he states "we hope this new golf course adjacent to your homes will give you pleasant scenery and we will feel it will greatly enhance the value of your land as well as ours." It was later in this year that Eden Land Corporation was granted its request to amend PUD 70-4. f. On September 6, 1973, in a letter issued in connection with a request for approval of an adjacent development Mr. Peterson writes "we have invested over $1 million in our golf course to provide an amenity which will serve the community and will enhance the value of adjacent property." 84. Based upon the facts contained in the Report, the City Planner recommended that the City add to its Comprehensive Plan the category a Golf Course and redefine the category Quasi-Public to include privately owned uses that resemble public uses such as land held by association and private schools (removing golf courses from the Quasi- Public definition). (Report, page 6.) 85. The Report also includes the text of a proposed ordinance which would establish a Golf Course district in the City's zoning code. (Report, page 6.) 86. Under the section "Staff Recommendation" the staff recommends that the City Council approve: 1) adding the golf course land designation to the City's Comprehensive Guide Plan and applying the designation to Bent Creek; 2) removing Golf Course from the definition of a Quasi-Public land use; and 3) adding a golf course district to the City's zoning code. (Report, page 11.) 87. At the Planning Commission meeting on November 13, 2006, Staff presented the three recommendations contained in the Staff Report. Proper notification went out to all the residents (the minimum requirement is to notify residents within 500 feet of the effected area but the city sent a notification to residents within 1000 feet of the area and published notice in the newspaper and on the City's website). (Minutes, Planning Commission,Nov. 13, 2006, pages 2-3.) 88. Following the public hearing, the Planning Commission unanimously approved a motion recommending that the City Council approve the three recommendations contained in the Staff Report. The Planning Commission also unanimously approved that the Guide Plan and Zoning designations be changed to Golf Course for the Bent Creek Golf Course. (Minutes, Planning Commission,Nov. 13, 2006,page 7.) 89. At the City Council meeting on December 4, 2006, the Council discussed amending Chapter 3 of the Comprehensive Guide Plan to add Golf Course as a land use. A public hearing was held. Following the hearing, the Council unanimously approved a motion adopting Resolution No. 2006-141, amending the Comprehensive Guide Plan to create a new land use category called "Golf Course." (Minutes, City Council, Dec. 4, 2006,pages 4-5.) 15 90. On January 8, 2007, the Metropolitan Council approved the text amendment to add"Golf Course"to the City's Comprehensive Guide Plan. 91. At the City Council meeting on January 16, 2007, the Council conducted the first reading of the "Ordinance for Amending Chapter 11 of the City Code relative to Golf Courses." The motion to approve the first reading passed 5-0. (Minutes, City Council Jan. 16, 2007 pages 2-3.) 92. At the January 16, 2007 meeting, the Council held a public hearing on the proposed Guide Plan and Zoning change to Bent Creek Golf Course. City staff responded to the Council's questions: a. Franzen informed the Council that the Council had instructed City Staff to "determine inconsistencies in the guiding and zoning of the City's golf courses and to find a cure." The Staff Report concluded that the City's golf courses should have distinct guiding and zoning that "clearly match the designation to the actual land use." Franzen also stated that the City is required by statute to have zoning districts that match the City's Guide Plan. (Minutes, City Council Jan. 16, 2007 pages 6.) b. Franzen informed the Council that the Bent Creek Golf Course was part of a larger development and has operated as a golf course continuously and that it has remained a golf course under all owners. Franzen informed the Council that the proposed Guide Plan change would not affect the current use of the property. (Minutes, City Council Jan. 16, 2007 pages 7.) c. Franzen informed the Council that the Property has historically been guided Public/Quasi-Public. (Minutes, City Council Jan. 16, 2007 pages 7.) d. Franzen informed the Council that the Golf Course was a tradeoff for density bonus and setback variances as part of the original PUD 70-4 application. The open space of the course provided a relief to the density allowed. (Minutes, City Council Jan. 16, 2007 pages 7.) e. Lambert stated that the golf course counted as open space for fee waivers Edenvale received. Due to these fee waivers, the expectation was that dedicated open space remain open. (Minutes, City Council Jan. 16, 2007 pages 7.) 93. Following the public hearing and the Council's discussions, the Council unanimously adopted Resolution No. 2007-15 amending the City's Comprehensive Municipal Plan reguiding Bent Creek Golf Course from Quasi-Public to Golf Course. The issue of rezoning the property was continued until the Council meeting on February 6, 2007. (Minutes, City Council Jan. 16, 2007 pages 7.) 16 94. Ordinance No. 2-2007, amending the City's zoning code to include the zoning district "Golf Course," was published in the Eden Prairie Sun Current on January 25, 2007. 95. At the City Council meeting on February 6, 2007, the Council held a public hearing on the proposed zoning change of the Bent Creek Golf Course to GC-Golf Course. City Manager Neal stated that the Planning Commission had voted 6-0 to recommend approval of the rezoning at their November 13, 2006 meeting. (Minutes, City Council Feb. 6, 2007 pages 3.) 96. Among the information presented to the Council at the public hearing was at least one credible first-hand account regarding private efforts to acquire Bent Creek for the purpose of insuring a continuation of its use as a golf course, and describing how those efforts were effectively frustrated by a lack of cooperation from the current owners of the property. Ron Coomer explained to the Council that he had owned recreation and event planning businesses and was interested in exploring an acquisition of the site with other investors, for the purpose of continuing its use as a golf course. He further explained that he had repeatedly contacted the property owners,but that messages were not returned and the owners showed no interest in discussing even the possibility of such a sale. He also indicated that he had sought out financial information regarding the course from its owners as part of ordinary due diligence involved in potential acquisitions, but was rebuffed. (Minutes, City Council Feb. 6, 2007 page 5). This account, which the Council believes, tends to undermine the credibility of the owners' position that residential development of the site is an economic necessity. 97. First-hand information was also presented to the Council from members of the Club, and those familiar with its operations, of management and marketing choices made by the current owners. (See, e.g., Minutes, City Council Feb. 6, 2007, pages 4-5). Those accounts, which the Council believes, also tend to undermine the credibility of the owners' position that residential development of the site is an economic necessity. 98. The historical record of communications to members of the community, to potential and actual purchasers of property in the Edenvale PUD, and to Eden Prairie, and the personal accounts of persons speaking at the various hearings regarding the potential reguiding and rezoning in this matter, have convinced the City Council that unconditional assurances of continued use of the property as a golf course, and continual depictions of that use for the property for marketing purposes and for purposes of securing approvals, concessions or other flexibility from Eden Prairie, caused Eden Prairie, the purchasers of property within the PUD, and other members of the community to reasonably and justifiably expect that the property would not and could not be converted to another use, especially a residential use. The interests of those who have purchased property or made other significant investments in reliance upon this expectation create a need for the City to use its statutory zoning authority to arbitrate between those interests and the competing interests of the owners of the property. 99. The Council unanimously voted to close the public hearing with written testimony to be accepted by the City Manager's office until noon on February 9, 2007, table first 17 reading of the ordinance to change the Golf Courses' zoning designation, and direct staff to prepare written findings in support of the adoption of the ordinance. (Minutes, City Council Feb. 6, 2007 pages 8.) 100. Letters from the Shenehon Company were presented to the City Council on behalf of the owner. The letters stated opinions on the market value of the property under certain assumptions : a. $2,500,000 to $2,700,000 if the property were zoned to operate solely as a golf course [Shenehon letter dated November 10, 2006]; b. $3,100,000 to $3,500,000 if the property were to be developed as nine 10 acre minimum residential lots [Shenehon letter dated November 10, 2006]; c. $18 million to $20 million "under the hypothetical assumption that single family residential development to a density of three units per acre is permitted" [Shenehon letter dated November 10, 2006]; and d. A fourth market value estimate was submitted to the City two months later on February 6, 2007, estimating the value to be $10,000,000 to $12,000,000 based on the hypothetical assumption that the property was to be developed for use as a quasi-public facility, such as a church or public school. [Shenehon letter dated December 1, 2006.] 101. Utilizing values suggested by Shenehon Company without admitting their correctness and for the sake of analysis only as the to values stated in the letters, the diminution in value of the property as a result of rezoning from Rural to Golf Course would not exceed $800,000. Such a diminution, even if correct, is not sufficient to qualify as a categorical or per se taking under the test set forth in Lucas v. South Carolina Costal Commission, 505 U.S. 1003, 112 S. Court 2886 (1992). 102. The Shenehon Company letters referred to in 100 c and d assume that the Property will be rezoned from rural to a higher density use. 103. On November 21, 2006, City Attorney Richard Rosow requested by letter to the property owner's attorney, Bruce Malkerson, that the ownership of the property make available for review an audit by representative of the City all the financial and tax records of Golf View relating to its capital investment in the Golf Course property from its purchase to the present and operations of the Golf Course for the past five years, 2002- 2006. This request was made based upon assertions at the hearing before the Planning Commission by the property's ownership that the use of the Golf Course property as a golf course was losing money. 104. Other than receiving financial information relative to 2006, no response was response was received by the City to this request. CONCLUSIONS 18 A Development of the Bent Creek Golf Course property would have an adverse affect on the physical environment, especially on the open space which the City relied upon in granting the original development approval in conjunction with PUD 70-4 and its subsequent amendments. B. Development of the Bent Creek Golf Course property as residential would have a detrimental affect on the existing single family and multifamily residential neighborhood, all of which were developed based on PUD 70-4 as amended. C. The development of the Bent Creek Golf Course property as residential fails to give due recognition to the reliance of adjacent home owners on the open space elements of PUD 70-4 as amended remaining unchanged. D. Development of Bent Creek Golf Course property as residential would have an adverse affect on the surrounding residential development. E. Development of the Bent Creek Golf Course as residential property would have an adverse affect on consistent land use planning policies and practices. F. The operation of the Bent Creek Golf Course Property starting at a time prior to the application to develop Edenvale, and in particular subsequent to the current owners' acquisition in 1984, evidences that the classification of the property for golf course use does not interfere with the distinct investment-backed expectations of the property owners at the time the property was acquired and subsequent thereto over the last 23 years. G. The change in the Guide Plan and zoning to Golf Course designation is in keeping with the original intentions of PUD 70-4 and the stated expectations of the developers of Edenvale as well as the use of the property by the current ownership for the last 23 years. H. The economic impact of the change in Guide Plan and zoning on the property owner is negligible in that the change confirms and continues the 30+ years of the use of the property as a golf course and in particular, the 23 years use of the property as a golf course by the current ownership. I. The economic impact on the property owners even as evidenced by the letters from Shenehon Company does not rise to such a level as to cause the proposed rezoning to constitute a taking of the property as a result of the regulation, whether that impact is viewed by itself or in combination with other factors. J. PUD 70-4 as amended has been of public record and identified on the City's Zoning Map dated 09/18/72, revised 12/01/73 as PUD 70-4. The current property owners had at least constructive notice, if not actual notice, of the Guide Plan and zoning regulations affecting the property and as such, Council concludes that the continued use of the property as a golf course is consistent with the reasonable investment-backed expectations of the property owners at the time the property was acquired. 19 K. The property owners have failed to demonstrate that the property was bought in reliance on the nonexistence of PUD 70-4 as amended. In light of the existence of PUD 70-4, the Guide Plan designation of the property in 1968 and 1979 and the zoning of the property, the property owners could not have had a reasonable expectation for residential development of the property. L. The Guide Plan designation and zoning of the property have been consistent since 1968 and in particular, since application to develop Edenvale in 1970 which culminated in PUD 70-4 as subsequently amended. M. The reasonable expectations of the property owners and the reasonable expectations of the neighboring land owners at the time PUD 70-4 was applied for and granted by the City and at the time of acquisition of the property by the current owner was that the Bent Creek Golf Course property would continue in use as a golf course. To the extent that the zoning for the property has not always clearly and consistently prohibited residential redevelopment of the site, such zoning constitutes a mistake that is appropriately cured through this action. N. Based on a purchase price of the property by the current ownership of$875,000 and its present taxable market value in excess of $2,000,000, as well as the letters submitted on behalf of the property owners, the property owners have not established that it would be entitled to any damages on account of enactment of the Guide Plan change and the rezoning based upon any alleged economic diminution in the value of the property. O. The City determined on April 18, 1978 by Resolution No. 78-22 that no additional cash park fee payment would be required of the original Planned Unit Development of Edenvale in that Edenvale had complied with the open space requirements including provision of the golf course as part of its original application. P. Had the cash park fee policy been implemented, it would have generated 2.4 times the value of the public park dedications in Edenvale. Q. The property owner has no reasonable investment expectations that the property would be rezoned to allow single family residential development. The property was guided as Public/Quasi-Public when the owner purchased the property, and the property was in use as a golf course. The property has been continually used as the golf course from the early 1970's to present, and throughout that time has been guided Public/Quasi- Public. The property was zoned Rural and the Guide Plan clearly specified that it was guided as Public/Quasi-Public. When the current owner purchased the property there was nothing in the City's guiding and/or zoning of the property to lead a reasonable person to have reasonable investment expectation that the property would be rezoned to a allow a more intensive use. R. Reasonably careful inspection of golf course property, followed by inquiry, would have disclosed that residential development of the Property would have violated the 20 guiding and the PUD plan if not also the underlying zoning. That inspection and inquiry would also have disclosed that assurances made by previous owners to the City and residents, in return for concessions given by the City which allowed development of the surrounding property, and to increase marketability and price of nearby parcels, restricted the use of the property to a golf course, and would allow the City to use its land-use authority to further protect those settled expectations. S. Mr. Hertogs, the majority owner of the Bent Creek Golf Course Property is an attorney who served as an attorney for cities, villages and townships throughout the state. At the time of acquisition of the Property by Mr. Hertogs and his group, the Property was an expensive investment. While Mr. Hertogs stated in a letter to the City dated February 9, 2007 that neither he nor the other owners had knowledge of commitments made by the original developer of the Bent Creek Property in the early 1970's restricting the use of the Bent Creek Property to only golf course, it is reasonable to believe (and Mr. Hertogs letter does not state anything to the contrary) that prior to the purchase Mr. Hertogs and the other members of the ownership group performed a due diligence inquiry into public records as to the guiding and zoning of the property which included the existence of PUD 70-4 as amended. T. The City is not engaging in a governmental enterprise through re-guiding and rezoning the golf course property, nor is the City re-guiding or rezoning the property in an attempt to acquire open space. The change in the Guide Plan designation and the re- zoning of the Property recognizes and is consistent with the Property's long term historical use as a golf course. The settled expectations created by the original developers of the property, and the interests of those who have purchased property or made other significant investments in reliance upon such expectations, makes it necessary for the City to use its zoning authority to arbitrate between those interests and the competing interests of the current owners of the property. APPENDIX IS ATTACHED HERETO AND MADE A PART HEREOF 21 EXHIBIT MINUTES EDEN PRAIRIE PLANNING COMMISSION Tuesday, June 16, 1970 7:45 P.M., Village Hall Members present, Mr. Nesbitt, Raguet, LaSrow, Mrs. Meyers, Emerson, Mrs. Schee, Mr. Brauer substituting for Mr. Hite, and Chairman Odmor Skjelbostad. J. MIN Y 19, 1970 andJUNE Z, 1970 Motion was made to the minutes of May 19 to be considered at next regular meeting along with June 2. Motion was made by Mr. Nesbitt. seconded by Mr. Emerson. II. EDEN LAND CORPORATION Edenvale presentation meeting of affected property owners of June 10, 1970 regarding this proposal was attended by about 60 people. Mr. Brauer presented the temper and reactions to the initial proposal. Donald Peterson made the presentation and formally submitted the proposal to the Planning and Zoning Commission, document entitled PUD Concept State Application, Mr. Brauer outlined Pud procedure. Motion was made by Mr. Skjelbostad to accept Eden Land Corporation "Edenvale" planners proposal for staff review and report. Seconded by Mrs. Meyers. All voted aye. Motion carried. Mr. Brauer responded by stating that staff review and report be readied by July 7, meeting. III. E ILDING INC. Edina Builde roposal was not available for this meeting. IV. SPENCER HOLLY-MACHI ODUCTS A request for an addition to hine Products was presented by Mr. Holly. He was reminded that this proposal needs a building permit and is not a Commission consideration. Motion was made to adjourn, by Mr. Emerson. nded by Mrs. Meyers. All voted aye. Adjournment at 9:35 P.M. Rorma Schee, Secretary EXHIBIT Planning commi In minutes 2 — 1 July 7, 1970 Page 2 Herm. •roperty was physically seperated from the major project area and that the ana is of the proposal for the Herman property ..would have to be handled seperately. Henoted that eh analysis presented by Mr. Bonner did not include the Herman p - e. Mr. Skjelbostad asked if any major land alteration would be required and we advised by Mr. Stageber that development of the site would require only mini ,. grading with the exception of that required to develope Neil Lake. Mrs. Hey- asked if the first stage area would contain a housing type mix. Mr. Stageber. eplied that it would contain a full mix ranging from detatched single family dv lings to garden apratments, He noted that the first stage was one of the overall '•h denisty areas in that it was located adjacent to a major open space (Neil Lak- and contiguous to the "town'. eenter" which would contain many of the major i• ilities and services. Mr. Skjelbostad advised the applicant t the Commission would consider the applicat'.. . '-- ing on July . B. Edenvale. Planned Unit Develo•me t (PUD 70-3) Eden Prairie Golf Course.. Area. • - -- - • •""• tle E enva e ' Corporation, presented and reviewed their proposal . He noted that the proposal had been presented in some detail at the last Commission meeting and that on the basis of that meeting, and the neighborhood meeting a numver of changes had been made. He described those changes for the Commission. He indicated that the developer is now considering two plans, labeled A and B. The basic distinction between the plans being the location of Valley View Road. Plan A placed the road south of Purgatory Creek and adjacent of the industrial area located between the creek and Highway 5. Plan B maintained the road through the golf course development. Mr. Peterson presented a number of documents designating the public and quasi public open spaces and noted that they represented 24% of the total 980 acre project area. The proposal included about 63 acres of public land including a ZZ acre combination elementary school and neightborhood park site. About 18 acres of the public land was located within the flood plain of Purgatory Creek. He said that the project also contained approximately 52 acres of private open space. Mr. Bonner presented a brief analysis of the application indicating that he _ strongly favored the Plan B location of Valley View Road in that it would avoid the utilization of that road as an industrial access route. He further indicated that the residential area proposed to be located immediately south of the Kings Forest area should either be developed in accordance with the R-13.5 residential district standards or classified as low density multiple. In all other respects he said that he felt that the proposed residential developm:n was acceptable. He said that he did not feel that the portion of property contained within the flood plain of the creek should be considered as public land for the purposes of determining the 5% land dedication. He asked for clarification of the ownership, use and maintenance of the proposed private open spaces. Thr proposed location of the elementary school and neighborhood park site was acceptable he said as was the proposal to locate a heighborhood service facility on Valley View Road just west of the railroad. He suggested that additional park space be-provided along the creek and east of the Baker Road extension in order to provide park service to the large office complex proposed in that area. He noted that the population projection prepared by the developer of 10,000 persons compared favorably with the Guide Plan projection of 10,529 to 19,154 persons within the project area. EXHIBIT t Planning & Zon- i i� July 7, 1970 cu Page 3 4 + Each member of the Commission expressed his or her preference for the Plan B s I location of Valley View Road over the proposed Plan A. Mr. Emerson added that W he felt that the Plan B route needed additional review. U) wMr. Skjelbostad advised the applicant that the Commission would consider the again on its meeting of July 21 . pe 65 C. ding Building Inc. Planned Unit Development (PUD 70-3) . Duck Lake Trail Betw--n Ticonderoga Trail and Tartan Curve. Mr. Don Ripple, planner representing D Edina . ilding Inc., presented and reviewed documents containing information previou y supplied to the Commission as well as additional information which O the Conimi sion had requested at its first meeting in June. In response to a CO question a- to whether or not an approval of the Edina Building Inc. project CO question set a •recedent for approval of sirs lar type projects on other vacent land in northwest en Prairie, The Manager replied that hte concept of clustering the housing un es normally permitted on a parcel of land onto a portion of that parcel would ha • application to other properties in Eden Prairie with similar enbironmental cha cteristics. He said that he felt this concept was highly desirable, but tha. the Edina Building project could hardly be considered as the . precedent, in that ith the Guide Plan objectives and the Village's new zoning ordinance provided fr this type of development. In response to an inquiry • the availablity of uti' ities to the proposed project area, the Manager noted that utility service would be obtained directly from trunk systems and that ` the lateral sewers and w.termains now underconsideration were not needed in order to serve the projec , Mr. Emerson moved that the mission recommend to the Council that the Planned Unit Development Concept prop, al as submitted by Edina Building Inc. be approved. Mrs. Meyers asked th. the motion be amended to include a further recommendation that the development of the project be restricted until such time as the Council has determine, that the thoroughfare system within the area, particularily Duck Lake Trai were capable of handling the traffic generated by the project. Mr. Emer •n said that he would accept the amendment. Mr. Nesbitt seconded, the motion as wended. All voted aye. Motion carried. C:I The Manager noted that the Council woul• conduct a public hearing on the Planned Unit Development Proposal at its . uly 15th meeting. The meeting would be held at Prairie View School and the hea ing would be conducted at approximately 9 P.M. D. Ochs Brick and Tile Co. North of T.H.5 ne. Louver Mfg. The Manager re-. w ported that the Council had conducted the publi hearing on the rezoning of • Cr) Ochs Brick and Tile Co. property from Planned St. y District to I General U and that following the hearing the Council had adv ed the Attorney to Ai prepare a ordinance which would implement the reque ed reclassification. A copy of the proposed site and building plans for the project were presented 65 and reviewed by the Commission. Mr. Raguet moved that he'Commission approve the proposed site and building plans. Mr. Emerson seco ' -d. All voted aye. 23 Motion carried. C: OMeeting adjourned 10:50 P.M.m Norma Schee, Secretary EXHIBIT EDEN PRAIRIE PLANNING COMMISSION III MUTES Tuesday, July 21, 1970 7:40 P.M., Village Hall Ileinbe e present were Chairman Skjelbostad, Hr. LaGrow, Mrs. Meyers, Mr. Raguet, Mr. lie itt, Mrs. Schee. Also present was Tillage Manager George C. Mite. ' I. MINUTES 0 ULY 7, 1970 Motion to a 'rove, Mrs. Meyers, Seconded.by Mr. Baguet. All voted ave. Motion carried, II. PETITIONS, REQU S AHD CONtitnicnIOMS A. Ecklund-Swed uJ. Lot Division. Millcrest Courts Second Addition. Mr. Hite reviewed and recoo -nded approving the division. Mr. Swedlund was present to comment and answer estions. A public easement is needed. Motion by Hr. Skjelbostad to divide ots 2 and 3, Block 3 with a 7 foot easement. Seconded by Mrs. Schee. All voted e. i'lotion carried. B. Bor Son Inc. Notice a PUD neighborhood meeting August 3, 1970, at 7:30 Eden Prairie Presbyterian urch. Members of the Commission are urged to attend by Hr. LaGrow Chairma Pro tem. III, RECOMMENDATIONS AND REPORTS A. The Preserve. Planned Unit vel pment. Anderson Lake Area. Presentation of Staff Report. Planning Review , eport of July 9, 1970 village of Eden Prairie. This review recommended that the Co Mission approve the preliminary concept being sent to the Council. Mr. Bonn spoke on behalf of Staff document " Reserving a Site" defined as a necess before the Council approve the plans. Hr. Carter answered the Commission that-, his would be done. Questions from the Commission answered by persons to whom t were directed. If Neil Lake project is not feasible, the 1 involved would remain quasi-public and at some later date may be reopened. Stat:.ant in response to questions by Mrs. Meyers. (lotion made to forward all docum- s which have been reviewed by this Commission to the Council for approval of p •liminary concept of the Preserve By Mrs. Schee. Seconded by Mr. LaGrow. 1 voted aye. (lotion carried. B. Edenvale Planned Unit Development. Eden Prairie Golf Course Area. Edenvale PUD >~den Prairie Golf Course area Presentation of staff reporE. t•ir Bonner spoke for staff and document planning review report of July 9, 1970. Mr. Peterson responded to staff report and referred to Edenvale doucment supplemental information for Edenvale PUB application 70-4. Discussion on school site for project. 1•ir. Peterson requested that a PUB approval motion include the map drawing number. Mr. Skjelbostad moved that the Commission recommend to the Council to set hearing date for Edenvale PUD 70-4 and we would pass on additional information received at our next Commission meeting. Seconded, by firs. Schee. All voted aye. Motion carried. Meeting adjourned at 10:45 P.M. Norma Schee, Secretary EXHIBIT t MINUTES EDEN PRAIRIE PLANIIIIIG COMMISSION Tuesday, August 4, 1970 7:30 P.m., Village Mall Members in attendence Chairman Skjelbostad, Raguet, Emerson, LaGrow and Administrative Intern, Bill Buckingham. I. MINUTES 07 . " 1970 The Ilinuts of July _ , proved as written. notion was made by Hr. LaGrow and seconded by Fir. Eme .� 11Q voted aye. Motion on carried. II. RECOMMENDATIONS AND REPORTS A. Edenvale. Planned Unit Development. Eden Prairie Golf Course Area. Revision expected by Edenvale as per last meeting and changes presented by Mr. Bonner. Motion was made to advise Council to except concept plan as recommended by Brauer and Associates (See attached Sheet from Report) by Mr. LaGrow. Seconded by Mr. Emerson. All voted aye. Motion carried. B. - eward Hills Addition. Homeward Hills Road, Preliminary Plat. notion v 'lade by f•1r. Emerson for a continuation of Hom•reard Dills pre- sentation to . next meeting of the Planning Commission on August 18. Seconded by Mr. . --ow. All voted aye. Motion carried. C. Hillcrest Court Th Addition. Co. Road 4, and North Hillcrest Court. The presentation was made h' . Bonner of Brauer and Associates, Questions at random from attendance were `. - wered by fir. Bonner and Mr. Brauer. fir. Swedlund answLre:d questions from k Bonner and attendance and made a short . presentation of their plan. Mr. LaGro, 'loved that the Commission accept the staff recommendation. Seconded.by ftr. Em- in. All voted aye. Motion carried. Adjourned at 8:25 P.M. Marvin LaGrow, Secretary Pro Tem LBT II 5-1. Council Minutes August 25. 1970 Page 2 The total ssessable cost of lateral watermain was given at $35.200 with an I, estimated •.te of assessment against each of the 34 REC's of $1,035. Estimated assessable ••st of the proposed Padon Down's Second Addition street surfacing was presente. at $26.270 and proposed to be assessed against each of the estimated 34 C's at the rate of $785 per REC. Substantial op. sitfon was expressed to the project and a petition was presented signe. by approximately 90 property owners requesting that the Council immediately tabl= all consideration of the proposed improvements for a period of time long enou, to allow for more adequate consideration of the need for the facilities an. the study of the economic feasibility of such an undertaking. A number of person said that they felt that any existing private disposal system problems cou • be corrected through better maintenance or replacement and that it would be nreasonable to expect an entire neighborhood to participate in a project that wou serve only a few. Others commented that they felt the problem was severe an. it would get worse in the future and that the neighborhood should be concerned ab. t the possible health hazards in the Duck Lake Area. Those favoring the prof: t said that the improvement would provide sanitary service to the Prairie V • School which they thought was essential considering the increased enrollment t the school. Some concern was expressed regarding the pollution of Duck Lek- Mr. Nesbitt moved that the Duck Lake Trail Subtrunk Sanitary Sewer an. the Padon Down's lateral sewer-water and street surfacing projects be aband ned. Mr. Lieb seconded. Mr. Redpath said he felt the project should be appro •d in the interest of protecting the general health and welfare. Mayor Osterhol • commented that 1w was a most difficult decision to make but he was not convi ced that there had been an adequate showing of i need to justify the approval o such a costly project. Mr. Haugen, indicated that he was convinced that the - was a need and that in his opinion the Village had no choice but to proceed wi the improvement. He also stated that he was concerned about pollution in Duck Lake. On roll call. Messers, Nesbitt, Lieb and Osterholt voted aye. - sers Redpath and Haugen voted no. Motion carried. B. The Cove Addition Lateral Sew- Water and Street Surfacin.. The Manager repor e. on ; e response o a ques .na re 3 e ' age a• mai e. to property owners regarding their attitude rela ive to the proposed improvements. The poll disclosed that 9 property owners elt the Council should not authorize the project. 3 felt that the Council s •uld and 6 owners did not respond. The Manager recommended that inthe event the entire project were to be abandoned that a new hearing be held to consider th installation of sanitary sewer to serve the six vacant lots at the north en. of the subdivision. Mr. Redpath 4 moved tha The Cove Addition lateral sewer , ater, water and street Surfacing 1 project be abandoned. Mr. Nesbitt seconded. All voted aye. Motion carried. Mr. Nesbitt moved that the Council schedulel public hearing on the proposal to install sanitary sewer service to the north ly six lots in The Cove Addition. Mr. Haugen seconded. All voted aye. Motion ca led. C. Edenvalet Planned Unit Development Concept Plan. Mr. Don Peterson, Executive Vice President of Eden Land Corporation, presented their application for a planned Unit Development Concept Plan approval. Their project , named "Edenvale".. would encompass approximately 1000 acres of land situated north of Trunk Highway 5, east of Purgatory Creek. south of Birch Island Road and west of King's Forest Additions. The property includes the Eden Prairie Golf Course. The Manager reported that the project had been reviewed by the 1 EXHIBIT Limmi - 5 f lo Council Minutes August 25, 1970 Page 3 Planning Commission and that the Commission had recommended to the Council that the Concept Plan be approved. Mr. Peterson noted that the Eden Land Corporation had included in their list of development objectives a statement expressing their willingness to participate with the Village or some other public body in the development of housing for low and moderate income families. He also noted that their application stated their committment to maintain the golf course within the development. Following additional discussion Mr. Redpath moved that the Council adopt Resolution No. 362 approving the Planned Unit Development Concept Plan for Edenvale as submitted by the Eden Land Corporation subject to the single family developments to be lcoated adjacent to existing single family develop- ments being compatible with and complimentary to the existing single family areas. Mr. Nesbitt seconded. All voted aye. Motion carried. V. PETITIO REQUESTS AND COMMUNICATIONS A. Eden chool Addition-Property Owners. Petitions On Proposed Lateral Sewer Wat r and Street Surfacing Improvements. Petitions signed by 30 of the 45 prop rty owners in the Eden School Addition were present. - Twenty two were in avor of the project and eight opposed. B. Minnesota, Highway Department. Notification of August 28 Deadline for Recommendation •n Corridor Proposal. Mr. Norm Osterby, Disdrfct Engineer of the Minnesota H •hway Department, by letter advised the Council that it had until August 28t to file additional response to the corridor proposal presented at the blic hearing on April 30, 1970. The Council agreed that the statement pres ted at the hearing on behalf of the Village adequately presented Eden Praile's evaluation of the proposal. C. Olympic Hills .'f Club. Application for 3.2 Beer gn Sale License. The Manager recommended t' :t the requested license be authorized. Mr. Lieb moved that the Council grant .2 Beer On Sale License to the Olympic Hills Golf Club. Mr. Redpath seconded. 11 voted aye. Motion carried. D. Mike Gorra. Request for Council Action on Building Permit Application. Mr. Gorra requested that e Council direct ehe Manager to issue a building permit for a home to be co tructed on approximately 26 acres of land adjacent to Anderson Lake. The Coun 1 briefly reviewed the history of the matter and referred it to the Villa. Attorney for consideration and report. C. Eden Prairie Jaycees. Re., est for Permission to Conduct Winter Snowmobile Race at Round Lake Park. Mr. : b itt moved that the request be submitted to the Park Commission for consideratio and recommendation. Mr. Redpath seconded. All voted aye. Motion carried. VI. RECOMMENDATIONS AND REPORTS A. Minnesota Highway Department T. 169 Utility Crossing Cost Sharing Agreement. The Manager recommended t .t the Village enter into a cost sharing agreement with Minnesota Highway Depar- ent for the construction of sewer and water casing pipes under the proposed T nk Highway 169 between Shady Oak Road and 494. The Manager advised that the e imated Village share of the cost was $19, 018. He noted that the cost wou , be charged to the authorized trunk sewer and trunk watermain improvemen . Mr. Lieb moved that the Mayor and the Manager be authorized to enter into he proposed cost sharing agreement Mr. Nesbitt seconded. All voted aye. Motion arried. L IB •i VILLAGE OF EDEN PRAIRIE '1 } IENNEPIN COUNTY, MINNESOTA 1 RESOLUTION NO. 362 J a A RESOLUTION APPROVING TILE FLAMM UNIT DEVELOPI✓SNT PLAN FOR "EDEAIV.ALE" PAID ` 70-4 1 BE IT RESOLVED, by the Council of the Village of Eden Prairie, 4 ernepin County, Minnesota THAT, approval be given the project "Edenvale" which would en- ` compass approximately 1,000 acres of land situated north of Trunk Highway ;, east of Purgatory Creek, south of Birch Island Road and west of King's Forest Additions. The property would include the Eden Prairie Golf Course. ITHAT, approval be given subject to the single family developments vacated adjacent to existing single family development being compatible .nth and complimentary to the existing single family areas. i The motion for the adoption of the foregoing resolution was made 'y Paul Redpath and duly seconded by Ralph Nesbitt and the following voted n favor thereof: David. Osterholt, Paul Redpath, Ralph Nesbitt, Rolf Haugen End Robert Lieb. and the following voted against the same: None. ADOPTED by the Village Council on August 5, 1970, ) ,. ----7,) 70 6274-i. .-7--,--,- David W. Osterholt, Mayor ;` EST: ›- / „-1'„c,„,t, SEAL a M. H lmgren, CJ rk i EXHIBIT PLANNING REVIEW REPORT July 9 , 1970 microc 'matical data, and a general natural ecological analysis .f the site . Having analyzed these six items in relations •p to the site , the next questions should be asked; has . zis information been used as input fox the concept stag, development? We feel that the Edenvale project has ut` ized this analysis at arriving at their final concept p . .osal. The proposal , however, represents a general concept only, and each specific project design must be re-evaluat- • utilizing these same criterial. It should also be not that the West School Park site is largely shown to be . poor land. At the time of the development stage acreag- for the school itself should be sound, buildable land, D. PLAN PROPOSAL 1 . Concept Stage Land Use Residential . Considering the nature of this specific single family situation it is the recommendation of the staff that the 2 units/ acre maximum be waved. The golf course supplies more than adequate' open space and the lots conform to the 13, 500 square feet minimum. An alternative to this would be a new classification without the two units per acre maximum. The 18% building coverage proposed in this classification is acceptable. Edenvale has multiple dwelling occurring in all three proposed classifications (Ml 2-7 units/ acre , 142 7-20 units/acre and M3 greater than 20 units/acre) . These multiple units are acceptable as shown with the exception of building coverage. The M and Mz propose 2S% coverage and the M3 proposes 20a coverage . We feel that 18% coverage is appropriate for this type development. The units can remain constant but we recommend that the building coverage be lowered to 18% maximum through the project . BRAUER E ASSOCIATES , INC. 3/7 EXHIBIT • PLANNING REVIEW REPORT July 9 , 1970 The .roposed alignments and profiles are acce table as shown in the concept stage but will equire detailed analysis in the development stage Community ' acilities Public A - as . Community facilities totalling approxima►-ly S0 acres to be transferred to the Village an,', School District as follows : School/P:, k site 22 . 0 acres Public Northwest 5 . 5 acres Purgatory reek Flood Pl. n 17 . 5 acres Public Tria gle 5 . 0 acres Public Northeast 15 . 0 acres Buffer @ Reg .,.nal Center 2 . 0 acres 66.0 acres The flood plaii cannot be applied toward the 50 dedication req •,,' rement . In addition to the 5 . 0 acre Northeast area a pedestrian/recreati4 easement is required on the adjacent knoll amoun ing to approximately 1 acre . A similar pedestrian/rcreation easement of approxi- mately 5 acres is requi ed adjacent to the Purgatory Creek flood plain in th- . southern portion of the site . These easements a . - to be retained in owner- ship by the developer but re available for public use . Quasi-Public The 115 acre golf course is a major quasi public space . Eden Land Corporation will issue assurance on the golf course which will guarantee its use as recreational land and prohibit its future develop- ment as building sites . Common Areas and Fac lities Edenvale indicates proximately 58 acres of private open space . This ope space will be regulated and BRAUER $ ASSOCIATES , INC. 5/7 EXHIBIT of • EDENVALE FACT SHEET August 1, 1970 Edenvale is a Planned Community Development proposed by Eden Land Corporation. Edenvale encompasses approximately 1,000 acres of land located in north central Eden Prairie lying north of TH#5, and west of TH#494. Edenvale extends from the intersection of TH#5, 212 and 494 west approximately two miles and from TH#5 to the north approximately one and one half miles. The land is bisected diagonally by Purgatory Creek, a natural creek which flows year around. The center of Edenvale is occupied by the Eden Prairie Golf Course, an existing 27 hole golf course which has been operating for several years. Edenvale will provide a full range of land uses as well as a balanced tax contribution to the Village of Eden Prairie. It will be basically a self-contained community but will provide employwent and shopping facilities which will contribute to the entire region. Land uses will range from residential and recreational through commercial and indus- trial. Edenvale consists of basically three separate areas. The northwestern area consists of approximately 303 acres of land located west of the Chicago Northwestern Railroad tracks and north of Valley View Road. The entire area is completely separated from surrounding land by Purgatory Creek or the Milwaukee Railroad tracks.. This area will be a residential community consisting for the most part of attached single family dwellings or townhouses and some lower density multiple family dwellings. Located in this area will also be an elementary school, church sites and a small neighborhood convenience shopping center to serve basically this area. The school churches and shopping center will compose a neighborhood system along Purgatory Creek. Residential units will be so located that residents can walk through a system of green corridors to the community center or the park system crossing a very minimum amount of roadway. Some underpasses will be provided for this pedestrian movement. The second area is the northeast residential area which lies east of the Chicago Northwestern Railroad tracks, west of Kings Forest sub- division and northwest of Mitchell Baker Road and Purgatory Creek containing approximately 257 acres of land. This area will consist of a residential development including high quality single family detached dwellings , attached single family dwellings or townhouses and low and medium density multiple dwelling apartments. There will be an 18 hole complete public golf course and practice range located within this area which will provide recreational facilities for resi- dents of the area as well as the southwest metropolitan region. The third area lies north of TH#5, south of the northeast residen- tial area and extends east to TH#494. This area contains approxi- mately 437 acres of land and is the business activity core of the area. Land uses will include an industrial park with trackage; an office commercial area which will likely include uses such as office, motel, hotel, a major medics) center , banking and financial institu- EXHIBIT C C tions and restricted industrial offices; a high density multiple family area which will provide residential units in larger buildings with self-contained open space and recreational facilities; and on the east edge of the area near the interchange, a major regional retail center is planned. Edenvale will provide a complete range of land uses and will provide Eden Prairie with a very substantial tax base. The land use acreage and building densities proposed are as follows: 1. Northwest Residential Area - 303 acres total Neighborhood convenience center 7 acres Elementary school 22 acres Public park 32 acres • Residential including greenways , parks open space and roads. 243 acres Overall building density is 1,741 units or approximately 5.75 units per acre. 2. Northeast Residential Area - 257 acres total Residential including roadways & open space 141 acres Golf course 116 acres Overall building density is 1,545 units or approximately 5.8 units per acre. 3. Southeast District - 437 acres total Multiple dwelling 38 acres Industrial park 119 acres Office commercial 148 acres Retail center 115 acres Public 17 acres Overall residential d.ensiUy 856 units or 1.9 units per acre. Total overall residential density is 4 142 units or 4.2 unit/acre. Overall there will be approximately 250 acres of open space not • including greenways and roads of which 63 acres are public dedication and 115 acres are golf course. A large portion of Edenvale residential development is proposed as attached owner occupied single family dwelling or townhouse construc- tion. This concept cam provide private living facilities with adequate open space for all by grouping units together and leaving open space for the enjoyment of all. This concept fits well with the beautiful rolling wooded hills in Edenvale and will result in relatively little grading which results in the saving of natural vegetation and trees. It will also allow considerable reductions in utility costs per family. - 2 - EXHIBIT [... :...) ..., k.. C ( . 4 « P Edenvale has been thoroughly planned by professional planners and engineers and is proposed as a complete community improvement for • . Eden Prairie. The concept for Edenvale which has been followed in the planning is to provide a complete community development which will provide attractive functional residential areas with adequate open space and recreational areas as well as neighborhood conven- ience shopping and service area, school sites, church sites and a full range of business activity in the commerical core designated on the Village ' s Comprehensive Guide Plan. • - 3 - EXHIBIT _, ,,, ... .8.,,... .:,..:I ..'.. ,.., 1::-.-::...If....2.:...•:. .....:::,.: ........ • r. - .. • - , 1 g .. • ••' • .1 •• ' ji ( . ''.C)\:.' ...: :" - j--'.--.., .. •_>, . ".....-:::‘/ ' • : • r I. . • r ]..,......,. . ; ; „.. .„. E / \ 1/,` 1:.. - •i ) I TA. .: '.. -''' . - . . ,-,-.. •,:.;:ro. \z, - . .. ,, t.• 6 2, • 1.-I • • f oil 1 . - ' . ., ..,-' .. • . i i . .. ,...., 0 ligi • 41/..• 4417#4. , . • ,• iN...-.. . • ,,...._ 0.0 . ,,, . , .. 5 IN*/'q .4 • • ,2 0 4 ..61 . ''. • .'-f; - 00 ...„„..„' ' • .'ee . ,§ (IA B r I I i _ , , 4. . 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EXHIBIT . _I EDEN LAND CORP. - Metro Office Park - Bloomington, Minn. 55420 - Tel. 861-4533 OFFICERS OF EDEN LAND CORPORATION CARL R. MARTIN JR., President Mr. Carl R. Martin Jr. is a partner in Metro Office Parks Company, Bloomington, Minnesota and has been the companyls operating officer since its inception. He• also is president of Titus Construction Company and First Construction Company, which build office complexes, industrial buildings and residential structures and constructed Metro Office Park adjacent to 1-494 in Bloomington. Mr. Martin has a substantial background in commercial real estate development as well as residential subdivisions. - # # # # • DUANE H. DIETRICH1 Vice President Mr. Duane H. Dietrich is vice president of the Dietrich Company, a construction firm located in Golden Valley, Minnesota, which has built many residential subdivisions, apartment complexes and office buildings. The company has constructed such large apartment complexes as Southgate in Bloomington, Edina Brookside Manor and Cherokee Village in Brooklyn Park. EXHIBIT dri—Z ' Officers of the Eden Land Company Page Two RICHARD M. VOGEL, Secretary - Treasurer Mr. Richard M. Vogel is the senior partner in the law firm of Vogel, Lemmons and Lenzmeier and is also president of Midwest Title Guarantee Company. Midwest Title does a large portion of the title insurance business in the metropolitan area of Minneapolis - St. Paul. # # # # # # • DONALD R. PETERSON, Executive Vice President and Chief Operating Officer Mr. Donald R. Peterson is a registered Professional Civil • Engineer who, from 1963 to 1969, was employed by the City of South Saint Paul as city engineer. He also served as the city's director of the Housing and Redevelopment Authority. Peterson received his degree in civil engineering ' from the University of Minnesota in 1957. • • • • • • 4 EXHIBIT b i D ( Page 3 THE PLANS: Edenvale consists of basically three separate areas. The 'rthwestern area will be a residential community _ consisting o attached single family dwellings. Located in this area also will ,e an elementary school, church sites and a small neighborhood con -nience shopping center. The residence and neighborhood facili': ies will be tied together by greenways and link with a park sys m along Purgatory Creek, one of the natural • boundaries of the area. The Northeast area will consist of high quality, single family detached dwellings, some attached single family dwellings or townhouses and low and medium density apartments. There will be a complete 18 hole golf course and practice range in this area and other recreational facilities. The third are is itself divided by topography. It is largely the business activity core of the community, though it will also include a high density " ultiple family area in larger buildings with self-contained open\space and recreational facilities. Business land uses ccktemplate an industrial park with trackage; a commercial area Mich will likely include office buildings, motel-hotel facilit\es, a major medical center, banking and financial institutis and restricted industrial offices. Near the interchange, a jor regional retail center is planned. (more) i EXHIBIT Page 4 APPROVAL OF PROGRAM: The app ication for presentation of the overall plan to the Eden Prai 'e Planning Commission was made early in June, after which there .s a two week staff review. On June 16, the presenta- tion to the co'i ission was made. The village councl will receive the planning commission's recommendation in m -July and set a public hearing approximately two weeks thereafter. EDENVALE DEVELOPMENT SCHEDULE: With approval obtained, a schedule of development through 1979 has been projected at which time from 8,000 to 10,000 people will be living, working and playing in the community. By 1971, the golf course will be improved and townhouses as well as single family dwellings on 32 acres in the Northeast area will be completed. About 1 0% of the industrial area will be occupied. By 1972, building w• ill start in the Northwest area and continue in the Northeast area and the industrial park. In 1973, high density apartments will begin in the commercial area as we11 as some offices. By 1977, all residential areas will be occupied. By 1979, all industrial and commercial buildings will be completed. LiLJ IBIT V • IC Page Two The corporati n commissioned a firm of planners and landscape architects - Nason, Wehrman, Knight d Chapman - to produce the design for a full range of land uses in the communit while still maintaining the wooded hills, streams and other ecological features o its natural heritage. "No unnecessary ear work will be tolerated," said Donald R. Peterson, Executive Vice President and s okesman for Eden Land Corporation. "Bulldozers will be used as little as possib e." With this new philosophy o guide them, the planning firm consulted naturalists, environmental authorities and ecologists to design a self contained community. Schools, churches and recreational areas would be coordinated with shopping centers, office buildings, medical facilities and residential sites through a network of greenways tied to a park system and golf course. Natural topography makes t possible to incorporate an industrial park along •the Chicago Northwestern Railr ad branch line through Edenvale, while protecting the green and spacious res dential scenery from any noise or visual pollution. In another area will be a commcial park, also topographically isolated, for motels, hotels, financial institution , offices and retail establishments. Edenvale is naturally divided int , three areas by dramatic elevation differences as well as woods, ponds and Purgatory : reek, a bubbling trout stream which courses through the properties. (more) • 4 EXHIBIT .21 ,/ 12 -Z 0017 • Page Three "These natural fea. res made planning a 1970's ecological approach fascinating," said George I. ;0 rkards, chief planner. "We believe we are pioneering in the sane methods that soci=ty must adopt for living in the future." Burkards pointed out hat during the past decades across the country developments consisting of rows and rows of little boxes sprang up around sun- baked shopping centers, miles a +y from the work and play of the residents: "It's a pleasure," Burka ds said, "to have 1,000 acres untouched by the urban sprawl with which to lay ou. a community where I would enjoy living, working and playing." Eden Land Corporation has acquired ownership of approximately 840 acres in Edenvale and is in advanced nego•'ations for the balance of the 1,000 acre tract. After approval of its Dians b the Village of Eden Prairie, it will launch a 10 year development program which w 11 ultimately result in a community of 3,000-4,000 dwellings, and approximate , 10,000 citizens. While a majority of these resi.ences will be spacious, privately owned dwellings, there will be areas devoted t• medium and high density apartments. An example of the last is an apartment islan. in the 18 hole golf course. The golf course for Edenvale is already in existence, in the form of a 27 hole public course. While the course will remain public and within tree covered walking distance, the course will be completely redesigned to a more spacious 18 holes and a practice range to fit into the surrounding development. (more) 4 EXHIBIT - 'J.':-,' - ,, ',4::;------, x p 3 3 ;' Z i 7'P1"Gb d� .1; /,,, .:.;:.-::„::-:'1,-„Ii,--',7. ,:,,.- ,'.:°.'`,., • -.r.-.;-i7vf:::,44;:-:#:4,1..5,71...-45e,::2,:;i•,l,:-,i,,.,:-:'.':-t,:-:Az1.4.4....,4-.:,--'7,,,.i:%,,:;t'.5•e.,:7-:-7',1• F ftp :4,,,: :,,.,,,:F:6:. Sr t 'Y�`? A -. v 7 jijL ; mob # .yf a ."r ,, A :,' a lif ' t ' 3a '*. dIr �� i s e �,,.�ii '1 + '. .rt &13 y� ° 'cult - v 4j r p, r�' � :, ... ro ue z FF a -?4'4 ,� _,'. 1 'bps,,, ar+ xx S ,a „,g4 _�I s2� � - to r :. F es,, Y I • b a*ft` ,d, � r 4 a ; . ... • vE..'F a y'j ?s' D kF C d 4 �� C 9 1 L k 's�Chu `�`f3«f' a , F`.'fi*1 i�f Yet 4-ro k' Xtn } t. w 3 s z � 1� x c �:a ' Cl) _ � 4 n ,>Rpna�s { £ .4 w U t'. x �{�„ �i $ 1. : +a Iw:,r �,,i,.b.^ s5 ' 4T °'a3r` i r". EXHIBIT D I _ 00 ; ; ; ; j ; x '4 n a & a • ., r.. S g? 8m s lt.:,.4,3';,_•_•,,...;„..,..,,,-=';'e->.‘,.•'•:,'':::,.'-':',.,;,:".....',,-9_,.,:: _,_',7".'1/1.' a 3 ,,i,,,,,,,,,,,,,,,,,,,,$,., •7•3,,,,t,i,,,...7 A g 7 z. W _. r f n' ,-;,_, .:-A ‘;''';' :1''' ;•' ; 0 ',' ''''1*4'..,•,,.'s,,,,,_.., -- kj 'f, '‘� I, O - it, x :..__�_ i -' 1�;� t { -. - _ ii r ri; Zta m C r A z a edenvale F x LAND USE PLAN ,. . EXHIBIT a ,y-I • 2 • would be desirable but also realize that there is some opposition to providing this connection which would definitely increase the traffic carried by Hillcrest Court. This connection becomes more desirable if the NW connection of Duck Lake Trail is not constructed, which is questionable. We have investigated moving this westerly connector north of Hillcrest. Court so that it would connect into a roadway in Hillcrest 3rd addition but in investigating the feasibility of this we felt that this would not be desirable in that it would bisect a open area which is a natural for park land and also this roadway would have to be constructed through an area in which con- siderable amount of filling might be needed. We have thus eliminated a westerly connection to County Road 4 on • our Land Use Plan and have retained the Duck Lake extension as a possible future alternate. If the Village feels that a Hillcrest connection is desirable or needed, we will dedicate the necessary right of way to provide this connection. 3. Community Facilities A summary of public open space shown on Plan B as we have calculated is as follows: Public NW 5.5 acres Public Triangle 8.4 acres Public School Park 14.0 acres . • Public Purgatory Creek 17.7 acres Public Office Area 15.0 acres Public Buffer at Shopping Area 2.0 acres Total Public Open Space = 62.6 acres Quasi Public Golf Course 115.5 acres 178.1 acres Major Private Open Space 57.7 acres Total Major Open Space = 235.8 acres Of the total public open space shown,approixmately 18 acres are within the Purgatory Creek flood plain which will not be credited. 62.6 acres - 18.0 acres Total Credited Open Space 44.6 acres The 5.0% park dedication required by policy of the Village would be as follows: Edenvale Total Acreage 997.0 acres Golf Course (quasi public)115.5 acres 881.5 acres 5.0% x 881.5 acres = 1i'i .08 acres EXHIBIT (' (. 3 • We, have investigated providing more open space along the slopes adjacent to Purgatory Creek in the southern industrial area and have added approximately 5.0 acres of open space along this lower land adjacent to the creek. This will provide some higher land to allow for an overlook and some pedestrian walkways over- looking the creek and lowlands. This space will be retained as open space by convenants as summarized in our application and it will be perpetually retained for public use. We have also added approximately 1.1 acres of higher ground on the east side of the 15.0 acre public recreational area to be dedicated north of the C-REG-SER area. This 1.1 acre addition will also be provided as open space by covenant and will be retained for public use. A minim»m of 50 feet either side of Purgatory Creek will be dedi- cated in the area east of Hillcrest Court as suggested in your . evaluation and as stated in your Ordinance No. 110. Quasi Public Eden Land Corporation will issue assurances an the eighteen hole golf course which will guarantee its use as recreational land so that it will not be developed into building sites. 4. Common Area and Facilities The private open'space will be regulated and maintained by an association as described in the attached documentary. The types of facilities to be included in these privately owned open spaces are shown on the revised commin, Ly facilities plan. 5. . Utilities Schematic - leave as shown '6. Mass Grading - leave as shown . 7. Development Phasing - leave as shown 8. Population Density - leave as shown 9. Building coverage will be modified from the original figures shown on the Land Use Plan B submitted on July 7, 1970. The figures shown on the July 7th plan were building figures based on percentage of cover of net acres. These will be changed to show building coverage on a gross acreage basis including • open space and roadways. These gross percentages are as follows: EXHIBIT t C 1 l y-3 4 Single family residential MGLC* = 18% • M1 - low density multiple MGLC = 25% M2 - medium density multiple MGLC = 25% M3 - high density multiple MGLC = 20% C-Neb MGLC = 21% C-Reg Sery (office comm) MGLC = 21% C-Reg (shopping center) MGLC = 21% Tndustrial park MGLC = 30% * = Maximum gross lard coverage Sincerely, Donald R. Peterson Executive Vice President Eden Land Corporation EXHIBIT D (S S • c c EDENVALE Summary of provisions to provide ownership and responsibility for maintenance of open space. Edenvale will provide a substantial amount of public open space and recreational areas of several types. Provided within Edenvale will be public park lard dedicated to the Village of Eden Prairie as well other open space which will remain in private ownership but which will be used by the people as recreational land. The open space will be provided for different types of uses and a summary of these types of open space and the provisions for ownership and maintenance follows. The first category will be public park dedication. This land will be deeded to the Village for public use and •will be used as the Village determines. The responsibility for maintenance and development will be placed on the Village. It is proposed that this park dedication will be basically in two areas as shown on the community facilities plan. The Purgatory Creek park system will be in the northwest residential area and will consist of some passive parkland along the creek and extending north past Hillcrest Court. Uses in this area might be nature trails, picnic sites and other passive uses. Near the neighborhood center adjacent to the elementary school there will be a public area which will be classified as an active play area. The Eden Prairie Golf Club will be retained and changed into a quality 18 hole golf course with a practice range. This course will be pro- vided as a public course owned, maintained and operated by Eden Land Corporation or a subsidiary corporation. At some future date this course may be sold to a member association or corporation and will be operated for the residents and members as a private club; under all circumstances the land will be retained for recreational uses. The third category of open space will be the large open spaces shown on the land use plan and the common open spaces which are not shown but which will be provided for the use of individual neighborhoods or building groups. These areas will be owned, operated and maintained by owners associations. We contemplate two basic types of owners associations in Edenvale. The first will be an Edenvale association which will own the large joint use open spaces, and the second will smaller associations for individual areas. The Edenvale association will own and maintain the pedestrian way systems, the open space adjacent to the Purgatory Creek area near the C Reg Service area and Tndustrial Park and the private open space adjacent to the 15 acre regional play area north of the C Reg-Service area. The individual neighborhood associations will own and main- tain those facilities that will be provided as integral parts of the detailed development plans. These may be such facilities as tennis '. _ courts, putting greens, swimming pools, tot lots, passive rest areas, small parks, skating rinks and open green spaces. EXHIBIT Applicant EDEN LAND CORPORATION ` ( 7850 METRO PARKWAY ! BLOOMINGTON, MINNESOTA Location Approximately 1,000 acres of land located in north central Eden Prairie lying north of TH#5, bounded on the west by Purgatory Creek and the center line of Section 9,.on the north by Birch Island Road and the center line of Sections 10 l and '11 east of Kings Forest, and on the east by Kings Forest subdivision and • . TH#494 south of the center line of Sections 10 and 11. • Action Requested Concept approval for a planned unit development. Introduction Gentlemen: • This application follows the format of your April 27,• 1970 "P.U.D.. Procedures" to allow the most orderly and expedient presentation and review. The identification, analysis and concept plan are defined in a brief text and de- lineated in the following exhibits. • . i . SECTION B PLAN AREA IDENTIFICATION • EXHIBIT 1 PROJECT AREA • EXHIBIT 2 REGIONAL RELATIONSHIPS. ' I EXHIBIT 3 . EXISTING LAND USE AND OCCUPANCY • EXHIBIT 4 CIRCULATION PLAN • EXHIBIT -5 EXISTING ZONING EXHIBIT 6 GUIDE PLAN • SECTION C PLAN - PROJECT AREA ANALYSIS EXHIBIT 7 TOPOGRAPHY ' • • EXHIBIT 8 S LOPE.ANA LYSIS • :EXHIBIT 9 ' • SOIL ANALYSIS ? EXHIBIT 10 VEGETATION ANALYSIS , EXHIBIT 1I MICROCLIMATE ANALYSIS , ' . Ir } EXHIBIT I 14- 2- SECTION D PLAN PROPOSAL - CONCEPT STAGE VOID EXHIBIT 13 LAND USE PLAN B TRANSPORTATION (SEE LAND USE PLANB`) EXHIBIT 14a TYPICAL MINOR STREET CROSS SECTION EXHIBIT 14b TYPICAL COLLECTOR CROSS SECTION. EXHIBIT 14c TYPICAL ARTERIAL CROSS SECTION EXHIBIT 14d PRELIMINARY PROFILE -- VALLEY VIEW DRIVE EXHIBIT 14e PRELIMINARY PROFILE - BAKER ROAD EXHIBIT 14f PRELIMINARY PROFILE - BIRCH ISLAND ROAD EXTENDED • ' EXHIBIT 14g PRELIMINARY PROFILE - DUCK LAKE TRAIL.EXTENDED EXHIBIT 15 SCHEMATIC UTILITIES PLAN EXHIBIT 16 MASS GRADING EXHIBIT 17 DEVELOPMENT PHASING • • Transportation, Common Areas and Facilities & Community Facilities are not sepa- rate exhibits, but have been incorporated in Land Use Plan B, Exhibit 1 , This application report is intended to present in a concise, orderly manner, a sum- • . mary of many months of planning and development study,' It is designed to acquaint • • you with pertinent facts, data and concepts explaining the many facets of a com- plete planned development for EDENVA• • LE • { • • • • • • • • • • • • • • • • C •• • • • • • i -2- EXHIBIT 14-3 D. Plan Proposal Concept Stage 1 . LAND USE SEE EXHIBITb..�..""�...,3 13 EDENVALE will provide a full range of land uses as well as a balanced tax con- , tribution to the Village of Eden Prairie. It will be basically a self-contained community but will provide employment and shopping facilities which will con- • tribute to the entire region. Land uses will range from residential and recrea- tional through commercial and industrial. EDENVALE consists of basically three separate areas. The northwestern area consists of approximately 303acres of land located west of the Chicago North •• ' western Railroad tracks rt . The entire'area is corn- pletely separated from surrounding land by Purgatory Creek or the Milwaukee Railroad fill. This area will be a residential community consisting for the most • f part of attached single family dwellings or townhouses and some lower density I multiple family dwellings. Located in this area will also be an elementary school, church sites and a small neighborhood convenience shopping center to serve basically this area. The school, churches and shopping center will com- . . pose a neighborhood center which will be directly tied through greenways to a . park system along Purgatory Creek. Residential units will be so located that • - residents can walk through a system of green corridors to the community center i or the park system crossing a very minimum amount of roadway.- Some under- passes will be provided for this pedestrian movement. ' The second area is the northeast residential area which lies east of the Chicago • Northwestern Railroad tracks west of King's Forest subdivision and northwest of— Mitchell. Baker Road and Purgatory Creek containing approximately257 acres of land. This area will consist of a residential development including high quality • j ' single family detached dwellings, attached single family dwellings or townhouses and low'and medium density multiple dwelling apartments. There will be an 18 • hole complete public golf course and practice range located within this area which will-.provide recreational facilities for residents of the area as well as the southwest metropolitan region. The third area lies north of TH#5, south of the northeast residential area and ex- tends east to TH11494. This area contains approximately 437 acres of land and is the business activity core of the area. Land uses will include an industrial park with trackage; an office commercial area which will likely include uses such as office, motel, hotel, a major medical center, banking and financial institutions • I , and restricted industrial offices; a high density multiple family area which will { provide residential units in larger buildings with self-contained open space and recreational facilities; and on the east edge of the area near the interchange, a major regional.retail center is planned. EXHIBIT , , • i . EDENVALE will provide a complete range of land uses and will provide Eden • • Prairie with a very substantial tax base. t 1' The land use acreage and building densities proposed are as follows for the Land Use Plan B: . 1 . Northwest Residential Area -303 acres total • Neighborhood convenience center 7:0 acres . Elementary school 22.0 acres Public park 31.6 acres Church 4,0 acres Residential including greenways, parks, open space and roads. 238.7 acres • • Our maximum residential density is approximately•5,75 units per' • acre. (1741Units) ' 2. .Northeast Residential Area - 57 acres total Residential including roadways & open space 141:0 acres Golf course 1155acres Our maximum density is approximately 5.8 units per acre. (1545 . Units) 3. ' • Southeast District 437 acres total. ( Multiple dwelling • 37.9' acres *Industrial park 118.6 acres Office commercial •/34t3-7 1 acres Retail center • 1.15:0 acres' Public • -/7-0 2:..1J acres Our maximum residential density is approximately 1 .9 units per j acre. (856 Units) i Our total maximum residential density is units per acre based on • '414.2units within the 997' acre site. Overall there will be approxi- . • 1 mately257.acres of open space, of which 71.acres consists of major R greenways, ponds and recreation areas,70 acres consists of public . . land and *11.61:cres consists of an 18 hole golf course. Minor green- . I ways and walkways are not included iri'the 257acres, but will be pro- ' vided as detailed development occurs. • • , . . • , . •o _9- t,: .• EXHIBIT 3 tk).° ! There may be some ommissions and clarification required in our attempt to { ' •'keep this application report concise. We feel confident that any questions ' you may have in this regard can be answered to your satisfaction. We en- • I courage you'to call and offer your comments. . I • - i { Sincerely, ' • . Donald R. Peterson Executive Vice President Eden Land Corporation • • • • • • • • • • • i 1 _ , r12r ,•, - r r y _ EXHIBIT I... • 1 • I Land Use Plan A has near`„ identical acreages and densities with the major ' change being the alignm t of Valley View Drive to the south. - A large portion of EDENV`.• LE residential development is proposed as attached • owner occupied single fam ly dwelling or townhouse construction. This con- • • cept can provide private li ing facilities, with adequate open space, by group-. • • • i ing units together and leav', g open space for the enjoyment of all. This con- • cept fits well with the beau`iful rolling wooded hills in EDENVALE and will result in relatively little gra`'ing and in the saving of natural vegetation and • I trees. j i ' It will also allow considerable' reductions in utility costs per family. By reducing... average utility costs in this are , this will reduce the assessment levied against • existing homeowners in present 'ngle family areas. According to estimates pub- ' lished by the Village of Eden Pr 'rie, the cost of trunk'sewer and watermain, j lateral sewer and watermain, cos of connection, and a share of treatment and storage facilities will be approximately $3,300.00 per residential unit. This 1 does not include assessment for sto • sewer, blacktop streets or curb and gutter. According to estimates developed b - Eden Land Corporation, total utility costs i plus storm sewer, street grading and lacktopping and curbing assessments will • i amount to over $5,600.00 per residen ial unit using detached single family dwel- • ! ling units at 2 units per acre. These costs can be reduced to approximately • $2,080.00 per unit by building single '`'mily attached dwelling units or town- ' { houses. The reduced cost allowed by th s type of construction will reduce the average cost of a R.E.C. or residential :;uivalent connection throughout the .entire village and will thus reduce the co t of utility construction to existing e dwelling units for at least trunk sewer and atermain, interceptor sewer, treat- ` ment and storage facilities. Multiple dwel ngs will result in a further savings. 1 2:.TRANSPORTATION SEE EXHIBITS 4, 12, 14a-14g . i 3. COMMON AREAS AND FACILITIES SEE EXHIBIT 12 F .. . EDENVALE will include proper open space, public parks and recreation areas for the residents of the area. Approximately 250acres of open space will be provided in.EDENVALE of which49 acres will be public park dedication and 1 ' 116 acres will become a golf course. The remainder consists of areas adjacent i - • to ponds and Purgatory Creek and green corridors connecting these waterways.. • •• l Additional open space will.be provided, but is not included in the .250acres will ti.vnlibI vf .1, 0 1/2 tIceti ale,nen;ary school pluygrcund. In addition a 22.0 acre public elementary school park will be,dedicated • '• as a school park site. . ' •• . r 1 . EXHIBIT o7• • • • All of the open space provided in EDENVALE will be reserved for public use i by restrictions placed on the deeds at the time of sale by Eden Land Corpora-. , non. To provide maintenance for EDENVALE'S greenways and parks, a land owners association will be established and membership will be required •'.f all individ- uals buying land or any way assuming management of land in EDENVALE . . The purposes of this association will be the management of the open space and all other land, buildings and materials held in common and activities and decisions necessary to retain and improve the quality and image of EDENVALE. 4. UTILITIES - SCHEMATIC SEE EXHIBIT 15 • • 5. MASS GRADING • SEE EXHIBIT 16 6. COMMUNITY FACILITIES SEE •EXHIBIT 12 • • 7. DEVELOPMENT PHASES SEE EXHIBIT 17 • Summary • ; , EDENVALE has been thoroughly planned by professional planners and engineers` • and is proposed as a complete community improvement for Eden Prairie. The concept for planning EDENVALE is to provide a complete community develop- ment which will provide attractive, functional residential areas with open } space and recreational areas as well as neighborhood convenience shopping ' and service area, school site(s), church site(s) and a full range of business • activity in the commercial core designated on the Village's Comprehensive • Guide Plan. Proper restrictions, approved by the Village, will be placed on all land sold • to developers to insure the Village as well as Eden Land Corporation that only • high quality planned construction will take place and will meet all require- • • ments of the approved plans. These restrictions will be determined in detail at the time of approval of final plats by the Village and before any ,building' • • permits will be issued. • • • I • • r 1 1 r EXHIBIT tE _ . 8. Population Density - leave as shown 9, Building coverage will be modified from the original figures - • :.. shown on the Land Use Plan B submitted on .July 7, 1970. The fig- . urea shown on the July 7h plan were building figures based on per- . centage of cover of net acres. These will be changed to show building .coverage on a gross acreage basis including open space and roadways. These gross percentages are as .follows: Single family residential MGLC* = 18% M1 - low density multiple MGLC = 18% M2 --' medium density multiple MGLC . - 18% ' M3 - high density multiple MGLC . = 18% C. MGLC - 21% C-Reg Sery (office comm) • MGLC • -. 21% ' 0-Reg (shopping center) MGLC = 21% ' Industrial park MGLC • - 30% -*Maximum gross land noverage . These gross land coverages are proposed as guidelines to establish maximum coverages. It is recommended that flexibility be retained by allowing variances from these guidelines if. it can be shown on detailed plans that coverages in excess of these amounts are • desireable. These charges in & r POD application have been made to conform with the verbal commitments made at the July 21, 1970. Planning Commission Meeting. • I ask that when final approval is given of our Concept Stage Appli- cation that the records indicate the particular plan number and ' '. written documentary.' The latest plan submitted is Land Use Plan No. 653-E dated July , 1970. . .. • Sincerely, ---- ,, • - Donald R, Peterson • Executive Vice President • .Eden Land Corporation • • • • • • • M f d L1E•miXHIBIT r k ict . . • :II. Summary of Land use in ,Edenvale The following is a summary of the various land uses proposed . within Edenvale. Total Acreage 997 acres Total dwelling units 4142 units Overall dwelling unit density 4.2 units/acre Single family dwelling - 96 units, @ 2.9 units/acre 33.2 acres Low density residential (townhouse) 1458 units . @6.1 units/acre 238.6 acres Medium density residential - 1732 i nj is @ 16.1 units/acre . 107.9 acres High density residential - 856 units @ 22.6 units/acre 37.9 acres Neighborhood convenience center 7.0 acres C regional service (office commercial) 148.7 acres Church 4.0 acres Regional commercial (shopping center) 115.0 acres Industrial park 118.6 acres Golf course 115.5 acres. School park 22.0 acres Public park 48.6 acres Private open space 71.0 acres 997.0 acres Summary of overall land use Residential and private open space 418 acres = 42% Office commercial and shopping center 270 acres = ; 27% • Industrial 119 acres = 12 % Public uses - parks, golf course , schools , churches 190 acres = 19% . 100% Within Edenvale there will be a total open space of about 250 acres or 25% of the project area of which 63 acres are public dedication and 116 acres are golf course. This open space summary does not include minor private open space which will be provided within individual developments with a maximum land coverage of 18% for residential. . Total. public dedication = 71 acres or 7% of land area. • 4 4• di Y EXHIBIT 4 - - - Vi III. Population Projections Total Population Dwelling People Total Units - per unit People Single family - 96 3.5 335 Low density residential 1458 3.0 4375 Medium denisty residential 1732 2.2 3810 High density residential 856 - 2.0 1710 ' 10230 people School Age Population Projection Assumption 50% of school age children are elementary. Single family 1.5 students per urrt. Low density residential 1.0 students per unit. Medium a-nd high densiLy residential 0.2 students per unit. Dwelling . Total 'Elementary Units Students Single family 96 Bill 72 Low density residential 1458 1458 729 Medium densiLy residential 1732 347 174 High density residential 856 171 85 2120 1060 IV, Edenvale development Schedule 1970 No development 1971 1. Golf course (no sales) 115.5 acres 2. Single family 25.2 acres 3. Low density residential 17.2 acres 4. Industrial park 20.0 acres 1972 1. Single family 8.0 acres 2. Low density residential 22.0 acres 3. Medium denisty residential 26.3 acres , 4. High density residential 10.0 acres 5. Industrial park 20.0 acres 6. C-Regional service 20.0 acres L,. .J .P. EXHIBIT ho VILLAGE OF EDEN PRAIRIE HENNEPII' COUNTY, MINNESOTA RESOLUTION NO. 3G2 A RESOLUTION APPROVING TEE PLANNED UNIT DEVELOPMENT PLAN FOR "EDEN TALE" PUI) - 70-4 BE IT RESOLVED, by the Council of the Village of Eden Prairie, Hennepin County, Minnesota THAT, approval be given the project "Edenvale" which would en- compass approximately 1,000 acres of land situated north of Trunk Highway 5, east of Purgatory Creek, south of Birch Island. Road and west of King's Forest Additions. The property would include the Eden Prairie Golf Course. THAT, approval be given subject to the single family developments located adjacent to existing single family development being compatible with and complimentary to the existing single family areas. The motion for the adoption of the foregoing resolution was made by Paul Redpath and duly seconded by Ralph Nesbitt and the following voted in favor thereof: David Osterholt, Paul Redpath, Ralph Nesbitt, Rolf Haugen and. Robert Li.eb . and the following voted against the same: None. ADOPTED by the Village Council on Augisstt_ 5, 1970. David W. Osterholt, Mayor ATTE S T: SEAL Edna. M. Hdlmgren, C rk EXHIBIT Z I VILLAGE OP EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 549 AN AMENDMENT TO EDENVALE PLANNED UNIT DEVELOPMENT - PUD 70-4 BE IT RESOLVED by the Village Council of the Village of Eden Prairie as follows: THAT, approval be given to an amendment to the Edenvale Planned Unit Development Plan adopted on August 25, 1970 that would include realignment of the fairways in the Edenvale Golf Course, realignment of residential areas adjacent to the golf course and a proposal for a neighborhood commercial center at the intersection of Valley View and Mitchell Roads combined with a church site of 4.2 acres and the inclusion of a 160,000 square foot mall shopping facility at Mitchell/ Valley View in the south quadrant. ADOPTED by the Village Council on July 2 ,') 1 972. /) -6,de Paul R. Redpath, Ma r ATTEST: SEAL Edna M. Holmgren, ,Olerk EXHIBIT 2 ZZ Council Minute. August 25, 1970 Page 3 Planning Commission and that the Commission had recommended to the Council that the Concept Plan be approved. Mr. Peterson noted that the Eden Land Corporation had included in their list of development objectives a statement expressing their willingness to a participate with the Village or some other public body in the development of t, housing for low and moderate income families. He also noted that their application stated their committment to maintain the golf course within the C development. . .. Following additional discussion Mr. Redpath moved that the Council adopt Resolution No. 362 approving the Planned Unit Development Concept Plan for r Edenvale as submitted by the Eden Land Corporation subject to the single family developments to be lcoated adjacent to existing single family develop- \ ments being compatible with and complimentary to the existing single family ; areas. Mr. Nesbitt seconded. All voted aye. Motion carried. V. PETITIONS RESU STS AND COMMUNICATIONS A. Eden School Addition Property Owners. Petitions On Proposed Lateral Sewer, Water an. Street Surfacing Improvements. Petitions signed by 30 of the 45 property o ners in the Eden School Addition were present•.:: Twenty two were in favor 'If the project and eight opposed. B. Minnesota High .y Department. Notification of August 28 Deadline for Recommendation on Co idor Proposal. Mr. Norm Osterby, Disdrict Engineer of the Minnesota Highway Department, by letter advised the Council that it had ( until August 28th to fle additional response to the corridor proposal presented at the ptUblic'.hearing on April 30, 1970. The Council agreed that the statement presented ' t the hearing on behalf of the Village adequately presented Eden Prairie's -valuation of the proposal . C. Olympic Hills Golf Cl Application for 3.2 Beer 9n Sale License. The Manager recommended that th requested license be authorized. Mr. Lieb moved • that the Council grant 3.2 B r On Sale License to the Olympic Hills Golf Club. Mr. Redpath seconded. All vo @d aye. Motion carried. D. Mike Gorra. Request for Cguncil Action on Building Permit Application. Mr. Gorra requested that the Coulgcil direct the Manager to issue a building permit for a home to be constructed on approximately 26 acres of land adjacent to Anderson Lake. The Council brifly reviewed the history of the matter and referred it to the Village Attdrney for consideration and report. } E. Eden Prairie Jaycees. Requestr Permission to Conduct Winter Snowmobile Race at Round Lake Park. Mr. Nesbitt oved that the request be submitted to the Park Commission for consideration and ecommendation. Mr. Redpath seconded. All voted aye. Motion carried. VI. RECOMMENDATIONS AND REPORTS A. Minnesota Highway department T.H. 16c,, Utility Crossing Cost Sharing Agreement. The Manager recommended that t'. - Village enter into a cost sharing agreement with Minnesota Highway Department' for the construction of sewer and water casing pipes under the proposed Trunk ,,a ghway 169 between Shady Oak Road and 494. The Manager advised that the estimaed Village share of the cost was $19, 018. He noted that the cost would b- charged to the authorized trunk sewer and trunk watermain improvements. Ir. Lieb moved that the Mayor and the Manager be authorized to enter into the. .roposed cost sharing agreement Mr. Nesbitt seconded. All voted aye. Motion ca led. EXHIBIT Z3 MINUTES , EDEN PRAIRIE VILLAGE COUNCIL Tuesday, March 24, 1970 7:30 P.M. , Village Hall Members present were Councilmen, Redpath, Haugen, Nesbitt and Lieb. Also present were Village Manager George C. Hite and Village Attorney Harlan Perbix. I. MINUTES OF FEBRUAR'_ 10, 23 and MARCH 10 1970 e minutes o e•r 'ry 1, ' I were approve, without correction. The Minutes of February '3, 1970 were approved after correcting the first full sentence on page to read as follows: "Mr. Haugen said he felt the surplus money should be returned to the owners of the assessed property". The minutes of March 10, 1970, were approved without correction. II. PUBLIC HEARINGS A. Frank Cardarelle. Re.ue t for Office Zonin.. Fl in. Cloud Drive Near Co. '.. :. 'r. ar.are ' e esente. is propose or a rezoning o is property from Rural to Office listrict for the purpose of constructing an office building. The Manager +ted that the Planning Commission had recommended to the Council that the request be approved subject to Mr. Cardarelle providing a road ease •nt across his property to the north would have good access 'onto Flying Clout Drive. Mr. Cardarelle said that he concurred with the request for the •asement. Mr. Haugen moved that the ( first reading of Ordinance No. 143, eclassifing Mr. Cardarelle's property to the Office District, be approved. Mr. Redpath seconded. All voted aye. Motion carried. ^ �III. PETJrrONS, REQUESTS AND COMMUNICAT4-O�tS A. Eden Land Corp. Development Plans, ``Approximately 1000 acres North of �i.;N b,r=---Mr::..:_Don..Pete�rsan,-,r..eprese.nt g Eden tan. Corporation, pre- sentec� d"�ezplained a letter dated March 18, 1970, outlining genereal plans for development of their property over the next few years. The lands represented by Eden Land Corporation include approximately 1000 acres between T.H.5 and Birch Island Road and include the Eden Prairie Golf Course Mr. Peterson indicated that they would hope to have the overall planning ' of their property completed this year with some construction on the industrial portions of the property to occur during 1970. B. Albin Uherka. Re u•st for Approval of Property Division. 8516 Timber Trail. Mr. llherka's request fo Council approval of a division of his property was If presented by the Manage The Planning Commission had recommended to the A I Council that the request •e approved. Mr. Lieb moved that the Council adopt A. a Resolution approving Mr:. Uherka's land division. Mr. Haugen seconded. All • voted aye. Motion carried. IV. APPOINTMENTS A. Human Rights Commission. e Manager advised the Council that the Mayor had asked him to submit the na of Rev. Gordon Dahl as an appointment to a three year term on the Eden Pr rie Human Rights Commission. Mr. Redpath . moved that the Council concur in he Mayor's appointment. Mr. Lieb seconded. All voted aye. Motion carried. EXHIBIT • 12-q imimmi EDENVALE: FACTS IN BRIEF LAND DEVELOPER: Eden band Corporation 7850 Metro Office Park Bloomington, Mirrtiesota 55420 OFFICERS: Donald R. Peterson - President William J. Sine, Jr. - Vice President Duane H. Dietrich - Secretary Richard M. Vogel - Treasurer NAME OF DEVELOPMENT: Edenvale LOCATION: Eden Prairie, extending west approximately two (2) miles from the intersection of Highways 5, 212 and 494, and north about one and a half (1y2) miles from Highway 5. SIZE OF DEVELOPMENT: Approximately 1,000 acres COST OF CONSTRUCTION: $300,000,000.00 over 10-year period LAND USE: NORTHWEST RESIDENTIAL AREA . Neighborhood Convenience Center 7 Acres . Elementary School 22 Acres . Public Park 32 Acres . Residential (housing, road, greenway, open space) 243 Acres TOTAL 304 Acres NORTHEAST RESIDENTIAL AREA . Residential (housing, roads, open space) 141 Acres .Golf Course (18 holes) 116 Acres TOTAL 257 Acres SOUTHEAST AREA . Multiple-Family Dwellings 38 Acres . Tndustrial Park 119 Acres . Office/Commercial Buildings 148 Acres . Retail Center 115 Acres . Public Space 17 Acres TOTAL 437 Acres (Above includes 30 acres of privately owned open space. ) TOTAL HOUSING UNITS: 4,142 TOTAL ESTIMATED POPULATION: 10,000 CONSTRUCTION START: 1971 EXHIBIT a 25 -1 EDENVALE FACT SHEET January 1, 1971 Edenvale is a Planned Community Development proposed by Eden Land Corporation. Edenvale encompasses approximately 1,000 acres of land located in north central Eden Prairie lying north of TH#5, and west of TH#494. Edenvale extends from the intersection of TH#5, 212 and 494 west approximately two miles and from TH#5 to the north approximately one and one half miles. The land is bisected diagonally by Purgatory Creek, a natural creek which flows year around. The center of Edenvale is occupied by the Eden Prairie Golf Course , an existing 27 hole golf course which has been operating for several years. Edenvale will provide a full range of land uses as well as a balanced tax contribution to the Village of Eden Prairie. It will be basically a self--contained community but will provide employment and shopping facilities which will contribute to the entire region. Land uses will range from residential and recreational through commercial and indus- trial Edenvale consists of basically three separate areas. The northwestern area consists of approximately 305 acres of land located west of the Chicago Northwestern Railroad tracks and north of Valley View Road. The entire area is completely separated from surrounding land by Purgatory Creek or the Milwaukee Railroad tracks. This area will be a residential community consisting for the most part of attached single family dwellings or townhouses and some lower density multiple family dwellings. Located in this area will also be an elementary school, church sites and a small neighborhood convenience shopping center to serve basically this area. The school churches and shopping center will compose a neighborhood system along Purgatory Creek. Residential units will be so located that residents can walk through a system of green corridors to the community center or the park system crossing a very minimum amount of roadway. Some underpasses will be provided for this pedestrian movement. The second area is the northeast residential area which lies east of the Chicago Northwestern Railroad tracks, west of Kings Forest sub- division and northwest of Mitchell Baker Road and Purgatory Creek containing approximately 257 acres of land. This area will consist of a residential development including high quality single family detached dwellings, attached single family dwellings or townhouses and low and medium density multiple dwelling apartments. There will be an 18 hole complete public golf course and practice range located within this area which will provide recreational facilities for resi- dents of the area as well as the southwest metropolitan region. The third area lies north of TH#5, south of the northeast residen- tial area and extends east to TH494. This area contains approxi- mately 437 acres of land and is the business activity core of the area. Land uses will include an industrial park with trackage; an office commercial area which will likely include uses such as office , motel, hotel, a major medical center, banking and financial institu- LIIII.J7i5 .11.- tions and restricted industrial offices; a high density and multiple family area which will provide residential units in larger buildings with self-contained open space and recreational facilities; and on the east edge of the area near the interchange, a major regional retail center is planned. Edenvale will provide a complete range of land uses and will provide Eden Prairie with a very substantial tax base. The land use acreage and building densities proposed are as follows: 1. Northwest Residential Area - 303 acres total Neighborhood Convenience Center 7 acres Elementary School 22 acres Public Park 32 acres Residential - including greenways , parks open space and roads 243 acres Over-all building density is 1,741 units or approximately 5.75 units per acre 2. Northeast Residential Area - 257 acres total Residential - including roadways and open space 141 acres Golf Course 116 acres Over-all building density is 1,545 units or approximately 5.8 units per acre 3. Southeast District - 437 acres total Multiple Dwelling 38 acres Industrial Park 119 acres Office Commercial 148 acres Retail Center 115 acres Public 17 acres Over-all residential density is 856 units or 1.9 units per acre Total over-all residential density is 4,142 units or 4.2 units per acre. Over-all there will be approximately 250 acres of open space not including greenways and roads of which 63 acres are public dedication and 115 acres are golf course. A large portion of Edenvale residential development is proposed as attached owner occupied single family dwelling or townhouse construc- tion. This concept can provide private living facilities with adequate open space for all by grouping exits together and leaving open space for the enjoyment of all. This concept fits well with the beautiful rolling wooded hills in Edenvale and will result in relatively little grading which results in the saving of natural vegetation and trees. It will also allow considerable reductions in utility costs per family. - 2 - EXHIBIT 1Vo EDENVALE - PLANNED UNIT DEVELOPMENT 70-4 Valley View and Baker Road need to be shown as parkways with 100 ' minimum R.O.W. The remaining alignments and profiles are acceptable as shown with the exception of the entry and access connection to county road 4. The newly submitted Hillcrest Addition #3 offers a more logical alternative. Community Facilities * Public Areas are dedicated as follows : School/Park site 22 acres Public - East 5. 5 acres Public - Southeast 8 .4 acres Public - Office marsh 15 acres 50. 9 acres However portions of the 8. 4 acre dedication are in the Purgatory Creek flood plain and cannot be counted as part of the five percent. We would like in place of this land a portion of good land adjacent to the Purgatory Creek flood plain in the southern portion of the site . We would also like to have the knoll adjacent to the 15 acre area adjacent to the northern office district . Need to check compliance with flood plain or 100 ' minimum strip along Purgatory Creek in the north Hillcrest Court area. * Quasi Public Areas Eighteen hole golf course would be large quasi public area. Common Area and Facilities Have indicated some private open space but not indicated how it would be regulated, home owners association or similar arrangement. Have also neglected to indicate what type facilities would be included in these private spaces. BRAUER & ASSOCIATES, INC. 2 SUN NEWSPAPERS JULY 29, 1970 - EDENVALE EXHIBIT �.,.. .Edervale Seeks ;Y t_ 742 g Go-AheacLTuésddy,.. . . . . . , . . . _ , By VIRGINI4 MOLL ry.creek flood plain cannot be 1' ' The developers of Edenvale included --' ;, still need'to iron;out a few' Donald Peterson,vice pres '' details and when they do, it ident..of Eden Land.Corp;, appears the Eden'Prairie. developers-of=Edenvaler told Planning'and Zoning Commis- 'Bonner they will dedicate the sion will.recommend approv-. required five„per.cent but `al of their'"concept plan. ` - asked the.commission:to not The nearly 1;000 - acre ::require them to spell out"the planned un•it developrr►ent, to boundaries until d• etail plans_; 6g located orE the north'side of; can be prepared State Highway 5'is the second Peterson;.:contended that large project to seek:approval out'of the•99Tacres.of:Eden- of its concept.plan '`.The. vale, 245 acres o•r`nearly 25-' • commission gave its blessings per cent_isalready committed' to "The Preserve at its last 'to public,o• r'open space: The • meeting and sent it on to the figure i• ncludes 'the golf,-'; counc • il with a recommenda course Peterson asked to tie:: tion for•a • pproval;`but asked given credit;-for.the open Edenvale developers to re-, space provided by the course „`l turn to its August 4 Fneehng =Village Manager George, Edenvale'developers had Hite told thg'commission,:he `i submitted ';previously two doesn't think'five per cent is a.' concet� lan rproposals magic figure and that he feels 3'ld ii'A in irca•ta•d appropo4ed the golf course should,be ree- 1, Valley Vie ,'Road,Parkway ognized because1"the golf.. would be routed between the. course is a-major factar,on {Eden'Prairie Golf Course and which; •this whole project r'e a proposed industrial area. valves.' Plan B s q ed the parkway The-trail •system can be routed 'fiiro'itgh •.the go worked out;rPeterson said, 0 course hut he asked that.it be placed Commission members'ann, •adjacent to,'the edge;of the., • Village wanner Donald; Bali`course rather than adja Brauer said,they fnvared Plan' seem to�yf �tory.Creek B.Bowing to'the''concensus of { The school site appears to, opinion, Ede • nvale fast week• " beamajo>`t• ;hangup_' asked app;oval of Plan j3) '; Edenvale ctevelppers have In a repoit faiths"commis proposed to t ade,.the,school;:' sion Brauer said the'planners district an,eight acre site on were generally satisfied.,_with the west'side of jdenvale for;, the'`concept plan'.::but were' the'la 4 acre'site the district`i still'concerned about the des pesos in the Kings,,Foresfi- igna Lion of public areas a site i area:;The site was ar►ginalty for an elementary school and purch•ased for the pproposed;: the provision for a trail sys.: Kings Forest School but was— , tern through the golf course abandoned whop the;'present.' Edenvale'a proposed corn proposed site was worked out: munity'facilitiesdonotaddup in 'cooperatio•n with,the viL_-;.. to a full five per cent dediea-, lager - z '" tion as required-by Village • •Brauer and Hite told Peter ordinance, according• to, son that Edenvale should, as Brauer's figures.Bill$ppner;; The preserve" j1�s done from,Brauer and•Associates: dedicate a school:site to the:. said Edenvale is:seven to nine, school district and theil nego-, `.. acres short of publiq area ded pate with the district far tile:i ication because the Purgato` King�sl~orest;site4 ti,y;,; ,;,,,,,, 'eterson said he was only; inierested.in exchanging_; reasonable value don..reason , •able`.:gawe'"' and'theyawould '. tryto work something out • "Oar Akma9 ei- AGENDA FOR VILLAGE COUNCIL PUBLIC HEARINGCONCEPT EXHIBIT FOR EDENVALE CONCT PLAN ^ ommil August 24, 1970 7:30 P.M. y `�1 Eden Prairie High School Gymnasium • I. Meeting called to order by Mayor Osterholt. II:_ Explanation of purpose of meeting by Geo Hite and introduction of Eden Land Corporation representatives. III. Introduction of Don Peterson and explanation of purpose of Eden Land Corporation and basic idea behind Edenvale. A. Introduction of owners of firm and brief background of each. Carl Martin-President - experienced in field of real estate development, Metro Office Park, Appomatix and several other residential subdivisions, several office buildings and industrial buildings. Duane Dietrich-Vice President, Vice President of Dietrich Company. Many quality residential subdivisions in western suburban area, several large multiple dwelling developments such as Edina Brookside Manor, Southgate in Bloomington, Cherokee Village in Brooklynn Park and other current apartment and townhouse developments. Dick Vogel - Partner in law firm of Vogel Lemons & Lenzmeier in St. Paul and President of Midwest Title Guarantee Company. Has had much experience in real estate development and financing. B. Explanation of PUD procedure and present status of project. C. Give brief format for meeting: 1. Introduction 2. Film presentation 3. Staff evaluation 4. Question and answer period 5. Council action D. Show location of Edenvale and explain planning process, hiring of planners and development of Edenvale plan with aid of Planning Commission, Village Planners and other i Village officials. E. Introduction of George Burkhards. J IV. Brief presentation by Mr. Burkhards of background data which has gone into planning. Explain that material will be dis- • played for further study. Keep brief. V. Film Presentation VI. Village staff evaluation of proposal and comments from council. VII. Question and answer period VIII. Council action ' VIX. Adjournment 1 . EXHIBIT 1 3o -I EDENVALE SLIDE PRESENTATION August 24, 1970 1. Metropolitan area showing highways and core cities. 2. Edenvale traffic circulation plan. • 3. Closeup view of Eden Prairie Comprehensive Guide Plan. 4. Soil analysis map. 5. Elevation analysis. 6. Vegetation analysis. 7. Soil analysis. .8. Slope analysis. 9. Microclimate analysis. 10. Existing land uses surrounding Edenvale. 11. Edenvale Land Use Plan.' 12. Edenvale Community Facilities Plan. 1 13. Industrial Park Land Use Plan. 14. Over TH#5 looking west at Hultstrand & Great Plains. 15. West of Great Plains looking east•to 494. 16. Over Great Plains looking north at Eden Valley Rd. location. 17. Over Hultstrands looking NW at EV Road. 18. Views of typical uses in Industrial Park area. 19. Views of typical uses in Industrial Park area. 20. Land use plan for SE commercial area. 21. Aerial view over Olson's looking east toward 494. 22. Aerial view of retail center area showing future location of ring route. 23. Aerial view of C Reg-Sery area showing regional playground. 24. Aerial view looking SW at entire commercial area. 25. Ground view looking NW at regional playground from Olsons hill. 26. Offices around Normandale. 27. View of Pentagon Office Park overlooking golf course. 28. Aerial view of Metro. • 4 C 29. Land use map of NW ±esidential area. 30. Over Great Plains looking north at commercial and school site. 31. Standing on RR tracks looking NW at Filipi and Coleman. 32. Pictures of small shopping area. 33. Ground shot looking NE across school playground., • 34,. Just north of Hillcrest Court looking east of north school site. 35. Ground shot at Hillcrest Court looking north along creekLIEXHIBIT towards north school site. 36. Looking SE down Purgatory Creek at Pafkos. 37. Ground shot from RR fill looking SE down Purgatory Creek, 38. Ground shot looking SE along purgatory creek at restored sewer out. 39. Looking south down Pichas west P.L. 40. Walden - 6-8 units per acre. 41. Brynamwood. 42. Land use map of NE area. 43. Looking south at north extension of golf course adjacent to Kings Forest. Ii/l. Looking west down VVR at golf course and south school site. Also shows Sewall gravel pit. 45. Looking north at golf course from Donets, shows apartment island. 46. Looking south fm m Kingston Drive at Sewalls gravel pit. 47. • Looking sourthwest from Kingston Drive at school property. 48. Aerial view of south half of golf course. 49. Ground view from Valley View Road looking SW at proposed fairways. 50. Ground view looking east at townhouse hill on east side of course. 51. Ground view looking east of Valley View from RR Bridge. 52. Homes around Normandale Golf Course. 53. Ground views of apartments on golf course. 54. Metro ground shot. 55. Apartment construction at 16). units per acre. • 4 EXHIBIT 8 ��8 n", "ie% ,li 'n et:SC "0' ci di tjIL ie yipresentation.of Eden Landtj.."�,,P,l he WJ fetli or tile It a Ile iep � __-_ ' is 1,9R ' � ` -' '- � � ff ` ` ' � 0 � \ ` � EXHIBIT N 32— PLANNING REVIEW REPORT July 9 , 1970 The proposed alignments and profiles are acceptable as shown in the concept stage but will require detailed analysis in the development stage . Community Facilities Public Areas . Community facilities totalling approximately 50 acres to be transferred to the Village and School District as follows : School/Park site 22 . 0 acres Public Northwest 5. 5 acres Purgatory Creek Flood Plain 17 . 5 acres Public Triangle 5 . 0 acres Public Northeast 15 . 0 acres Buffer @ Regional Center 2 . 0 acres 66. 0 acres The flood plain cannot be applied toward the 50 dedication requirement . In addition to the 15 . 0 acre Northeast area a pedestrian/recreation easement is required on the adjacent knoll amounting to approximately 1 acre . A similar pedestrian/recreation easement of approxi- mately S acres is required adjacent to the Purgatory Creek flood plain in the southern portion of the site. These easements are to be retained in owner- ship by the developer but are available for public use . Quasi-Public The 115 acre golf course is a major quasi public space . Eden Land Corporation will issue assurance on the golf course which will guarantee its use as recreational land and prohibit its future develop- ment as building sites . Common Areas and Facilities Edenvale indicates approximately 58 acres of private open space . This open space will be regulated and BRAUER & ASSOCIATES, INC. 5/7 EXHIBIT o ? 3 # 3y MINUTES ( EDEN PRAIRIE VILLAGE COUNCIL Tuesday, July 25, 1972 7:30 P.M., Village Ilall Members present were: Mayor Paul R. Redpath, Councilmen Nesbitt, . Cosmano and Councilwoman Meyers. Also present was Village Manager George C. Hite, Village Attorney Harlan Perbix and Clark Edna Holmgren. I. MINUTES OF JULY 11, 1972. A motion was made by Mrs. Meyers to approve the minutes of Italy 11th with the following correction: F. Acceptance of $89,370 Federal Grant for Waste Water. Resolution No. 545i. Page Four. A motion was made by Mrs. Meyers to adopt Resolution No. 545 accepting the Federal Grant for Waste Water Treatment Plant in the amount of $89,370 and authorizing the Manager to sign the ac- ceptance. Mr. McCulloch seconded, etc. With this correction, Mr. Redpath seconded. All voted aye. . Motion carried. PRESENTATION OF OFPiCI11I. FLAG An official Eden Prairie flag was presented to Mayor Redpath by Richard M. Vogel, Chairman of the Eden Land Corp. Board of Directors. The Mayor thanked him on behalf of the Council. II. PUBLIC HEARINGS ' I A. Richard Ri- •Ian. Outlot A Edenvale industrial Park-2nd Addition. P nnr_d Unit Development Application. Resolution No. 546. Re., est for feolassificyztion from Zoning District I GEN to 12 P.% . Ordinance No. 179. First Reading. Preliminary Plat.. Resolution No. 550. Don Peterson, Edenval: reviewed and presented an office and warehouse site plan in .,envale Industrial Park-2nd addition. The area of 6.98 acres i= •roposed to be developed into small industrial lots on Block 2. Mr. Peterson stated that such fea- ( tures of developing as share parking and driveway areas, pri- vate truck service drive effec vely screened from view and flexible development using 5, + and 15,000 square foot buildings of good design yet varied in app. , anee are proposed. Mr. Richard Rieman stated that there w• Id be occupancy of a variety of business' and contractors. EXHIBIT 4 33j3q �u eeeeciug July 25, 1972 Page Two The Ma ' ;ger reviewed the three phases of the hearing request; Planned ► it Development amendment, reclassification of zoning and Preli •nary Plat approval. He recommended to the Council that appro :1 be given for development of small industrial lots on Block 2 • ith a minimum of 16,000 square feet and that build- ing plans, s to and landscape plans be approved by the Village staff before ilding permits are issued. A motion was 'ade by Mr. Nesbitt to adopt Resolution No. 546 amending the r envale PUD of 1970 as per their application book- let of May, 19 ' and subject to approval and ratification by the Planning Commis ion at their next meeting. Mr. Cosmano seconded. All voted aye. otion carried. A motion was mad- by Mr. Cosmano to adopt the first reading of Ordinance No. 179 approving the reclassification from Zoning District I GEN to I Park in Edenvale Industrial Park-2nd Addition. Mrs. Meyers second-• . All voted aye. Motion carried. A motion was made by Mr. Nesbitt to adopt Resolution No. 550 approving the prelirnina plat of Edenvale Industrial Park-2nd Addition. Mr. Cosman• seconded. All voted aye. Motion carried. B. Wallace Hustad. Cr: -k Knolls Addition. Request for Reclassi- fication from Zoning a strict Rural to District Residential RI-22. Ordinance No, 180. • at Reading. The Manager reviewed the ••Wing request for Creek Knolls Addition. He stated that a letter had een received from Martin Diestler, Bluff Road objecting to the p •posal for rezoning from rural to residential. The Manager st. ed that Mr. Diestler's objections were well founded as he feare that this would mean "spot zoning" for the area. Mr. Hite cited -at the land hold agreement for no further platting on the adjoining 150 acres until utilities are ex- tended into the area should be - ecuted. He also suggested that the scenic easements in the plat •e reviewed by the Park Com- mission before the second reading •f the ordinance is adopted. A motion was made by Mr. Cosmen• to adopt the first reading of Ordinance No. 180 with land hold a• eement and scenic easement are executed. Mr. Nesbitt seconded All voted aye. Motion carried. C. Hipps Construction Co. Proposed • -liminary Plat. Hipps Mitchell Heights Addition. Mitchell . Scenic Heights. Resolution No. 547. The Manager reviewed the proposed prelim k,ary plat for Hipps Mitchell Heights, Phase I. The plat cont. s 14 tounhouse units bJ IT ..VW.(.:11 A.I.t. 1' July 25, 1972 Page Three and 10 si .,le family home sites located adjacent to Hiawatha and Scenic Heights Road. He recommended approval subject to the revi- , of recommendations 1, 2 and 3 in the Planning Report dated my 16, 1972 as follows: landscape architect con- tinue involve ent in supervision for the duration of the project and that the •-veloper have a plan for sewer, water, storm sewer, streets parking facilities, etc. including lateral services and water mete locations submitted to and approved and signed by the Village ,gineer and Building Inspector before the "do- veloper agreemen " are signed. A motion was math by Mrs. Meyers to adopt Resolution No. 547 approving the ` eliminary Plat, Hipps Mitchell Heights Addition subject to •commendations in the Planning Report dated July 16th. Mr. Cos ano seconded. All voted aye. Motion carried. D. New Town Develo• . Pro..sed Prelimina Plat. Atherton Addition. Mitchell . Scenic Heights. Resolution No. 548. Mr. Doug Johnson presen -d and reviewed the proposed preliminary plat for Atherton Addition. ew Town Developers containing 89 units in Phase I. The Ma -ger expressed some concern with the placement of the units, not the number. He noted that. the Planning Commission has recommende, approval as submitted but that he would recommend that the 3 tra units be removed. He stated that at the time of the rogue. for zoning and PUD Concept Plan Approval at the March 28th Co oil meeting, approval on the townhouse portion of the applic tion be limited to 86 units with an open space in the center of e development. Mr. Hite felt that 89 units did not conform to e initial concept plan. Mrs. Meyers asked if plans still .•cluded a recreation and maintenance building. Mr. Johnson replied that there would be a pool and patio but no recreation . ilding. There being no further questions or c. ments Mr. Nesbitt made a motion to close the hearing and ado t Resolution No. 548 approving the Preliminary Plat - Atherto Ar'.c'.{icn - New Town Developers removing 3 units, deleting 1. - 7, 8 and 9, Block 1 - Second Addition. Mrs. Meyers seconae. All voted aye. Motion carried. E. Edenvale Planned Unit Development. Proposed Amendments to Concept Development Plan_ Resolution No. 549. L Mr. Peterson, Edenvale reviewed the proposed amendments to the Edenvale PUD of 1970. He stated that the revised PUD land use . ) EXHIBIT 33 4 3y July 25, 1972 Page Four plan would include the realignment of the fairways in the Eden- vale Golf Course, realignment of residential areas adjacent to the golf course and a proposal for a neighborhood commercial center at the intersection of Valley View and Mitchell Roads com- bined with a church site of 4.2 acres. Another change proposed is the inclusion of a 160,000 square foot mall shopping facility at Mitchell/Valley View in the south quadrant. The Council questioned whether it was appropriate to have a shopping center so near to the Homart center site in The Preserve; Mr. Peterson stated that he felt that there was a need for a cen- ter close to the needs of the people in the area. He cited that the Baker/Mitchell area would contain a planned grouping of a service station, church and community neighborhood center. Mrs. Meyers stated that she felt that it was not wise to generate more traffic with this community center and that it would be difficult for pedestrians to reach the area. Mr. Peterson replied that there would be a pedestrian crossing with traffic lights. There being no further questions or comments Mr. Neebitt made a motion to close the hearing and adopt Resolution No. 549 approving the PUD application by Edenvale. Mr. Cosmano seconded. Messrs Redpath, Nesbitt and Cosmano voted aye. Mrs. Meyers voted no. Motion carried. III. P _IT • *S RE•U.. AND C•MMUNICATI• S A. Michael . Rich••r. 8480 Franla Road. Re•uest for Private Kennel License. The Manager recommen• -.d that the request by Mr. Richter be deferred to the next co 11 meeting until the adjoining neighbors are notified. B. ._icense •••lication List Hated ul 25 197. A motion was made by Mr. Co ano to approve the license appli- cation list dated July 25th as f• lows: CIGARETTE 4' BEER-OFF SALE WELL LICENSE Eden Prairie Grocery-Haakon Nyha er Wes Erickson Well Co. - Wesley E. Erickson PLUMBING LICENSE Hovde Plumbing & Hee• g, Inc. - Burton R. Hovde Mrs. Meyers seconded. All voted aye. Motion carried. • EXHIBIT 35-t PLANNING REPORT DATE: July 5, 1972 PROJECT: Edenvale Concept Plan - 1972 Revision APPLICANT: Eden Land Corporation REQUEST: Concept Plan Approval of 1972 Revisions REFER TO: Commission Minutes of June 6, 1972 COMMENTS: COMPARISONS: EDENVALE 1970 CONCEPT PLAN TO 1972 CONCEPT PLAN REVISION PUB GOLF TOTAL SINGLE MULTI RESIDENTIAL DU/RES. SPACE COURSE UNITS FAMILY FAMILY AC. AC , 1970 :68.6 115 .5 4142 96 units 4046 417 . 6 ac. 9. 0 acres acres units 1972 67 . 8 108.7 3935 109 3826 402. 6 ac. 9. 0 acres acres units units • DIFFER; -, 8 -6 , 8 -107 +13 -220 -15 . ac. SAME ENCE iacres acres units units iN 72 The 1972 Concept Plan for Edenvale differs from the 1970 Plan in two general areas. One, the replanning of the golf course has dictated some modifications of residential parcels, and secondly, the provision of community shopping and neighborhood service sites . The replanning and development of the golf course has changed the parcel configuration and in many areas utilized the fairway edges as pathways. A parcel change is where Valley View Road goes under the railroad tracks, the golf course plan, and the road realignment has left a buildable parcel of land south of the road in between the golf course. One affect this has is to diminish the amount of golf course view from Valley View Road, but it has given units an ideal building site . This parcel will require great care in development because of the railroad tracks. EXHIBIT 3 35- �. rLi-ti'11w PAGE THREE The question of unsightly strip commercial uses should not be a problem because Edenvale and the Village will have design con- trol on any development. Also , the corner has a heavily wooded southeast corner which will remain. The typical gas station corner will not develop at this location. A question was asked about the compatibility at this community shopping center with the Major Center area. It is the feeling of regional center developers, Homart in particular, that the stores in a small 160,000 sq. ft. center would be compatible and non- competing with the regional center retail stores. The Jr. department store and major super market are not uses included in the retail center but are needed with the larger shopping area. The stores in this center would not attract users from the metropolitan area like the regional center does but rather fulfill the weekly living needs within the community. The location at the center away from the regional shopping canter is appropriate with Metro Council guide lines for regional center development. RECOMMENDATIONS: 1. Recommend approval of the Revised Concept Plan dated June 1972, as presented to the Village Council. This plan is a guide and can be amended as development plans are submitted if appropriate. 2. The provision of the commercial corner at Valley View and Baker Road is subject to design/planning review and development approval by the Village to insure a visually pleasing and functional area. EXHIBIT 13(o plSil ;PUD 11 P ASV (� �. I C---- J 1) -cEAm������vJJ� '._ .�ic I \ ' 2 1 M PUD 74 �� 1 .�. �I FP x ��_ )o • 11 FAMILY R1 a1- - IxM „' �� �_,1 Y,4 A 0.I_ ^Zt -rxx x;>ax Rt 2� PP AGE r Bi 2z P � ?' �"� z2 � � _� b -__! _ pu A, [ � - PUB ; �D l i _ �� R1- al. f R�z o S � 2�Il, .� /I PUD 72(- 1 u / / 22 ��\ �`�J R1 � P` _ x :S-cxK e 3a / RI 2 \t 24,V,`I kl�'�,5 I R7.22 LFP ,;. .-~`2 .ram _ PUD i PUB :'s ` P,UFP }`\ iPUD bir••I y C ra I¢I j_ 72-10 .,ex xo U8 70-I I 4 :, I-''' FP\ .i I - .. I�,1-22 �. i JP '.l 7 ro ) C-REG ,f i LS —.—. ,r rue fii5 uU e ¢e ( �e M ue s•( P" y- PS-IP 1 71 : A, _ 771"._i t. _� -- III P � �P P1_-� xx to .._I.. _�0 S I` PS 'PUD x _ �..FP_� _. r.I '- a� ) -_-1 71 1 ,�� I5-PRK i-U-_' �) i 1 t " ry I5-PRK IS-1 I5-r i4M , PUD 71-a 111® QP, r ;; L— D� r - --I■ L o r� ✓�I I� Is-ta uIP�� \� `V ,31 �r ,' � I __ la�� D F' b31 i IC-IC �' �` r _ f� ,� Q 72 2 i r r I-'�___'', r ft l .. 1\ ,�\_ J �Io-a, _ ,PSPIS acs _>�I>`_.�..�s=.7PUOD1 l� (if i �': ,I i I�i ( PUD 70-3 !`l PCB _I JI ..I M�j t4 i l _R7+22 0: ''' R 110011,1 UP T; Ca • ///P$ 2011 FT / I I ' R!-2Z f: e ,}ru ., N PUB J } 1-'- � Q. _�..' � K It; 1 ''I PUB 1_ — R1z '°y C-HWV, PUB �) PUD I \ yl I2-PRK "-3 IPUD _� a;s 73-07 \1l, \` i �ll ,. PUB I2-PRK j73� �C�r� I ____ y\ B `JgPUB - t, i ` INDUSTRIAL / ' L—� MULTIPLE FAMILY �C//� i..^• // I2-PRK 1 �j DPEN SPACE C. / ' im., `` _ PARK FP , i i �R I'-22 e --V—z-� FP \ 1 I I G — --- RU. Rural(all undesignated areas) C-COM Community Commercial OFC. Oltice _ R1-22 Single Family Residential(22 000sl.min) C-REG. Regional Commercial I2-PRK. Industrial Park(zac;.e min) RI-13.5 Single Family Residential(13,000,1.n,ln.) C-REG.SER. Regional Service Commercial I5-PRK. Industrial Park(s acre A,In.) RM-6.5 Multi-Family Residential(6.soo s I.min C-HWY. Highway Commercial IGEN. Industrial General RM-2.5 Multi- Family Residential(z,soo srn,In.) PUB. Public-Quasi Public FP Flood Plain P U.D. Planned Unit Development P.S. Plan Study Area SECTION�, 5 DESCRIPTION NUMBER LACE OF EDEN PRAIRIE Date : 9-1 -72 ` ooa Revised:l2- 1-73 hill. .�n m� �mfli NORTH NESOTA EXHIBIT 37_! BRAUEA Si. ASSOCIATES, INC.f TITLE BITE PLANNERS FILE: 6440 FLYING CLOUD DRIVE JOB NO.: 77-70-1 EDEN PRAIRIE, MINNEEDTA 55343 TELEPHONE t Si 2 ! 941 - 1 6 60 DAME , November 9, 1977 TO: Roger K. Ulstad, City Manager THROUGH: Marty Jessen, Director of Community Services FROM: Don Brauer, Brauer & Associates, Inc. SUBJECT: Cash Park Fee Applied To Edenvale and Preserve PUD's Our records are quite sparse on the subject of the review of the Edenvale and Preserve PUD's because we did not make formal reviews for the City at that time. We did some "staff" work (calculations of areas and some checking in ownerships - copies of which you have in City files) , and I did meet informally with George Hite on several occasions to discuss the proposals. My recollections at this time are based on notes in my Day Timer books. 1. I see no reason why the City Council cannot change, terminate or initiate new policies at any time, subject only to the "reasonable" test. Given that posture, there is no reason why the Preserve and Edenvale should not be expected to abide by new policies from the date of that new policy. 2. I have reviewed Marty Jessen' s calculations of PUD contribution and development values measured against the CASH PARK FEE re- quirements today, and have no basis for disagreeing with the approach, the values, or the conclusions, with one exception as follows: a. The Edenvale PUD covered some 270 acres of previously zoned land. That area included 120 acres of golf course land zoned M2 (General Industrial) . Brauer & Associates, Inc. , had previously recommended (informally agreed to by the Simes I believe) that M2 was inappropriate and should be changed to the designation recommended in the 1968 Compre- hensive Plan for privately owned and operated public use recreational facilities (Quasi-Public) . b. The 150 acre balance, however, was that area between TH 5, the railroad and Purgatory Creek. Most of that (130 acres) was zoned Special Industrial, and 20 acres was zoned (and partially occupied) M2. Because all of the land along TH 5 was subject to acquisition by condemnation for improving TH 5, it was decided that it would be most unfair (if not confiscatory) to remove that zoning classification when acquisition seemed reasonably possible. The Plan Study designation was "invented" to help those owners "preserve" the former value in case highway acquisition occurred. EXHIBIT 5/- 2- Marty Jessen -2- November 9, 1977 c. The 150 acre area was also consistent with the uses proposed in the Edenvale PUD. New zoning was required only to make the classification consistent with the new zoning ordinance systems. A new plat was also required, but again, this was an improvement of an existing condition, not a totally new proposal. 3. Based upon this analysis I would revise the Edenvale calculation as follows: OTHER LAND USES 223 acres x $1,200 = $267,600 less 150 acres (previously zoned) x $1,200 = $180,000 Total $537,600 This would compare to Marty Jessen's calculation of $571,000 as the value of existing and proposed public and private recreation land and facilities in the PUD area. 4 . Summary With the one modification outlined above it seems that both major PUD' s have (or will) measure up to the requirements of the CASH PARK FEE ordinance. The question of "values" assigned to land and facilities is, of course, one of judgement rather than fact. The figures which have been used seem reasonable and appropriate. Since the value of the land and facilities in the original PUD proposals exceed the income which could be derived from an appli- cation of the CASH PARK FEE, I recommend that the City elect to continue to enforce the original PUD concept of dedication and construction of facilities rather than application of the CASH PARK FEE for Edenvale and the Preserve. dgb i /f Y EXHIBIT 3g-1 MEMOR&NDtJ,f TO: Parks, Recreation and Natural Resources Commission FROM: Marty Jessen, Director of Community Services SUBJECT: Land Dedication Requirements/CASH PARK FEE Policies DATE: September 15, 1977 On July 18, 1977 the Commission adopted for recommendation to the Council policies for application and priorities for the CASH PARK FEE_. On August 2nd Mr. Garens and I discussed these with the City Council. The attached minutes reflect this discussion. As you can see, major points raised were: . What about trails • Should the Preserve and Edenvale be required to pay the CASH PARK FEE? . The priority for expenditures (Should the revenue be used only in the "service area" or be used first for acquisition regardless of area, etc.?) My comments are as follows: ,r. 1. Trails - are being installed by developers along other than residential streets (i.e. al.,�,g collector or major routes) . The City could use some of the revenue from the CASH PARK FEE for other trail construction. (along the creeks, c 2. The Preserve and Edenvale - When the City was considering the establishment of the CASH PARK FEE we on staff suggested that the Preserve, Edenvale and Hidden. Ponds be exempt from payment of the "Fee". The reason for our suggestion was that these 3 developments, while staged, had satified the City requirements for open space at the time at which they'd received concept approval. While a subsequent analysis (see attached) of their public open space dedication indicated that the CASH PARK FEE would have yielded greater value to the City than the dedication - we felt that a "deal" had been cut and thus the City should stand by it. 3. Priority - I've previously indicated my priorities as represented by the July 15th memo. SUMMARY It is imperative that the City reach a conclusion on these points soon. The development of the Edenvale Neighborhood Park may not be accomplished this fall unless the question of applying the CASH PARK FEE is resolved soon. Attached . July 15th memo the. 0 August 2 Council Minutes '� . Neighborhood Facilities Map - 1974 . Analysis of Large Scale PUD Open Space Dedication 1 EXHIBIT -2- Edenvale has given us the deeds to the various proposed park areas and will sign those 'deeds when they receive a letter from the Council that guarntees they will not be requesting any additional park dedication or CASH PARK FEE. Staff agrees that "a deals a deal" and that we should not be requesting any additional land or money at this stage of the game. William Bale, from the Preserve, and Don Peterson, from Edenvale, will be in attendance to answer any questions the Council may have on these items. BL:md LIB IT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA 411/ RESOLUTION NO. 78-22 A RESOLUTION ESTABLISHING POLICY FOR CASH PARK FEES tVHEREAS, the Planned Unit Development of the Preserve and Edenvale in connection with the original planned unit developments made substantial contributions of land and amenities to the City of Eden Prairie, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. The lands and facilities conveyed in connection with the original planned unit development, of the Preserve and Edenvale comply fully with the park fee requirements of the City of Eden Prairie and no additional cash fee payment will be required with the original planned unit developments. All future developments proposed by the Preseve and Edenvale outside of the original PUD will be subject to the ordinance of the City of Eden Prairie as to the cash park fees. ADOPTED by the Eden Prairie City Council on the 18th day of April, 1978. • e Z,. 7.,._ Wo gan enzel, Mayor ATTEST: Jo . F e, Clerk SEAL EXHIBIT yo-1 .,pril 29, 1977 I 1CASH PARK FEE REPORT PURPOSE To analyze the Large Scale PUDs (Preserve, Edenvale and Hidden Ponds) Open Space Plans and Facilities to determine the equity of Park Dedication requirement placed on various developments within the City. ORDINANCE NO. 332 Requires of all land development within the City "a reasonable amount of land for park purposes or cash in leiu of land." The ordinance defines reasonable as: . For Residential Development Single Family $275/lot Multiple $200/unit . For all other development $1,200/acre THE PRESERVE PUD as approved by the City called for Park and Recreation Land as follows: . Neighborhood Park 22 acres Anderson Lakes Dedication 10 acres Easement 45 acres . Purgatory Connector Trail 17 acres Based on 1976-77 prices, the value 1of the public areas and facilities are: Neighborhood Park ($10,000/acre including assessments) $220,000 Anderson Lakes 40 acres 0 $1,000/acre $ 40,000 20 acres @ $30,000/acre $600,000 TOTAL $860,000 1/My Estimate, The Purgatory Connector has not been implemented. EXHIBIT . 1 40 • 1... _2_ If we were to assess the CASH PARK FEE against the Preserve based on today's projected total development it would generate revenues as follows: RESIDENTIAL: Single Family 700 lots x $275 - $192,500 Multiple 2,400 units x $200 = $480,000 OTHER LAND USES: =403 acres x $1,200 $483,600 TOTAL $1,156,100 ANNEXATIONS: 55 lots x $275 - $ 15,125 (Garrison) 35 lots x $275 W $ 9,625 TOTAL $ 24,750 GRAND TOTAL $1,180,850 In addition to the public requirements of Ordinance No. 332 it provide- that the City may take into consideration private recreation areas and facilities. Assigning values to the Preserve's HOA facilities would include: Neill Lake 95 acres x $1,000/acre - $ 95,000 . Land = $200,000 . Lake Development Preserve Center Improvements . Land 5 acres @ $20,000 -- $100,000 Swimming Pool Bath House . $500,000 . Tennis Courts -- $60,000 . Social Center F, Support Facilities - $200,000 Preserve Trails . Land 36 acres x $8,000/acre = $288,000 . Surfacing 10 mile x $25,000/mile - $250,000 Tot Lots & Mini Parks Construction . 3 areas x $8,000/average = $24 ,000 $1,717,000 EDENVALE'S PUD as approved by the City called for Park G Recreation Land as follows: . Neighborhood Park 22 acres . Purgatory Creek Corridor . East Area Park 15 acres . Edenvale Golf Course Based on 1976-77 prices the value of the public areas and facilities are; . Neighborhood Park ($10,000/acre including assessments) _ $220,000 . Purgatory Creek Corridor 33 acres x $1,000/ac:$ 33,000 . East Area Park (15 Ac. @ $3,000 Acre) _ $ 45,000 TOTAL $298,000 EXHIBIT Ii w0 -3 -3- If we were to assess the CASH PARK FEE against Edenvale today it would 71111.11111111111.1111 generate revenues as follows: RESIDENTIAL: Single Family 400 units x $275 = $110,000 Multiple 1700 units x $200 = $340,000 OTHER LAND USES: 223 acres x $1,200 = $267,600 TOTAL $717,600 I don't believe we should ascribe a value to the Golf Course as it is a profit oriented daily fee course. The City has not assessed the land for utility improvements which contitutes a subsidy to Edenvale of $137,000 In addition Eden Land has offered to sell the course to the City on a couple of occasions most recently in 19 for $1.3 million. Edenvale is however entitled to credit for its internal trail system: . Land 75 acres x $5,000/acre - $225,000 . Surfacing 6 mile x $8,000/mile = $ 48,000 HIDDEN PONDS PUD as approved by the City called for Park 6 Recreation Land for: PUBLIC PARK AREA . Land 3 acres x $5,000/acre = $ 15,000 INTERNAL TRAIL SYSTEM: . Land 17.1 acres x $2,000/acre = $ 34,000 . Surfacing 1 mile x $25,000 - $ 12,500 $ 46,500 To assess the CASH PARK FEE would generate: 254 Single Family units x $275 -- $69,850 EXHIBIT 4r-I s lil `7 FL)EN LAND CORP. 14500 Valley View Road-Eden Prairie, Minn.55343-Tel. 612/941-5500 September 6, 1973 Mr. Paul Redpath, Mayor Ms. Joan Meyers , Village Councilwoman Mr. Roger Boerger, Village Councilman Mr. John McCulloch, Village Councilman Mr. Wolfgang Penzel , Village Councilman Mr. Bob Heinrich, Village Manager Ladies and Gentlemen: On Tuesday, August 21 , 1973 the Eden Prairie planning commission considered a proposal by Weis Builders, Inc. of Rochester, Minnesota for the construction of two five to six story condominium buildings consisting of 99 units on the site directly adjacent to Valley View Road and west of Edenvale golf course's no. 1 fairway. This project is in direct conformance with the Edenvale land use plan which allows 99 units on this site. The plan has been revised from three story wood frame construction to five story precast fireproof construction to better preserve the major oak trees, enhance the sales potential and provide for a better project. This has been done with the consultation and support of your Village planner. In the planning report submitted by Mr. Putnam he does, in our opinion, present a fair unbiased account of the project assets and liabilities. He has recommended approval of the project subject to certain provisions stated in the report. At the planning commission meeting on August 21 , the commission voted to deny the request for rezoning and construction of the proposed units. in trying to determine the reasons for denial it was hard for me to determine why they chose this action. The reasons given ranged from the building did not fit the site, too many units an site, and it will destroy the rural and suburban character of Eden Prairie. Eden Land Corporation has made a major commitment to Eden Prairie and like- wise I feel that Eden Prairie has made a commitment to Eden Land Corporation. We have invested over 7 million dollars in your community and we are paying for substantially all improvements in Edenvale as well as a large portion of overall community improvements. Your assessment roles have us presently obligated to close to two million dollars in assessments and we are one of the largest if not the largest tax payers in Eden Prairie. EXHIBIT Page 2, We have invested over one million dollars in our golf course to provide an amenity which will serve the community and will enhance the value of the adjacent property. Our economic plans require us to recoup these substantial investments out of land sales and it is absolutely imperative to our success to build at or near the approved densities to come out. Comments from the planning commission such as build single family homes, townhouses or apartments at lower densities are economically questionable if not unfeasible at the price we are forced to sell our land at because of the cost of creating our community and the cost of doing business in Eden Prairie. We have been actively seeking quality builders to build in Edenvale to our plan which was approved by you in 1970. Mr. Weis is one of these and the luxury condominium project which he is proposing to build will undoubtedly, in my mind, be one of the finest if not the finest building in Eden Prairie or the entire S.W. metro area. Mr. Putnam has made many positive suggestions and the architects and builder should be complimented on their reaction to these. Mr. Weis is willing to venture over four million dollars in the future of Edenvale and Eden Prairie on a building which would be an asset in any community. As reflected in your planner's report, the site has been well done and the project is well planned. All adjacent property owners have expressed support for the project and no objections have been raised by any member of the community with the exception of Jerry Ringray of King's Forest who cannot possibly see the site from his home. This building will pay well over $100,000.00 per year taxes opposed to 1973 taxes of less than $2,000.00 on raw land. This will certainly contribute far more in benefit to the Village and school district than the services which will be required by these units. The property improvements are charged back to the site. A question of fire equipment necessary to service this building has been brought up. The taxes paid by this project alone will be able to purchase your necessary fire equipment which will be required whether this project is constructed or not. in the event the Village turns down this project this site in which we have a commitment from you will be very difficult to market. it will surely have to go for a three story frame non-fireproof project at a higher cost per unit if density is reduced. This seems inconsistent with what the Village and we have stated that we want. That is quality construction at the lowest cost. There seems to be a feeling by some people in the Village that Edenvale and other large developments are super flush with cash and that we really do not need all that was promised and are thereby able to pay more than our share of cost and still make abnormally high profits. Let me assure you that our investment of over seven million dollars in your town carries an extremely high risk and the money that is generated from sales carries this project. The extremely high interest costs, tremendous load of municipal improvements, delays in sales because of lack of mortgage avail- ability and the lack of confidence in builders relying on our approved EXHIBIT /---5 Page 3 densities, make it imperative to market land at or very near to our densities to come out. This is the first project where we are asking the maximum density approved by you which for five story buildings at 13.4 units per acre is extremely low. Statements such as we are destroying the rural character of Eden Prairie and too many units for the site are inconsistent with the firm commitments which you as a community made before Edenvale in ordering major utility programs and in 1969 and 1970 when you approved our plans and embarked on a program of assessing us for these improvements. The idea that because the Village has obligated the land owners to close to 10 million dollars for payment of the ring route does not, in my opinion, change your commitment to allow us to build according to our plan. If because the major center area is committed we must reduce densities in other areas then please cancel the tremendous assessment which you plan on levying against Edenvale for the ring route. Without the support of the Village on our shopping center, or the Master's condominium project and other projects which we will be bringing before you these assessments cannot be paid. • We will continue to try to present quality construction projects to you and I hope the Village will consider themselves fortunate to have people like Edenvale and The Preserve to help pay the way. Yours truly, EDEN LAND CORPORATION ionald R. Peterson President DRP/po EXHIBIT COUNCIL MEETING 5 23 July 1968 11Z- 1 2. Preliminary Guide Plan. Mr. Brauer had a final map which he asked the Council to consider adopting. This had been revised according to various suggestions at different meetings with the Planning and Zoning people and the Council and he felt it should be adopted as soon as possible so that the other governemental units which are involved could act on it. A motion was made by Warren Shultz, seconded by Paul Redpath to adopt the Prelims: Guide Plan as finally presented by Don Brauer and Associates and instruct Mr. Bra to submit copies to the Metropolitan Council for review, the Minnesota Highway Department for review of highway locations, separation and accesses, the Hennepin County Highway Department for review of county highway considerations and to the Metro Hospital Review Board for consideration of hospital service. Upon a roll call vote, Arthur Miller voted yea, Paul Redpath voted yea, Warren Shultz voted yea, James Brown voted yea and David Osterholt voted yea. The motion carried. 3. The planning report for the Fred Ossanna property. Mr. Ossanna had requested Mr. Brauer to prepare a report on his property. Mr. Brauer asked if the Village would consider having him do this as a Village project with Mr. Ossanna contracting the work with the Village. Motion was made by Arthur Miller, seconded by Paul Redpath to authorize Mr. Braue to prepare a preliminary planning report on the Ossanna property, the contract to be between Mr. Ossanna and the Village and the Village and Mr. Brauer. The contract price to Mr. Ossanna is to be $1,650.00. The contract price between the Village and Mr. Brauer is to be $1,500.00. The motion carried. ITEM 7-29-68 ROBERT EICKHOLT Mr. Eickholt did not appear. There was no action. ITEM 7-30-68 NICK SERIOS Mr. Serios appeared with the two properties properly divided, showing tha t they had been recorded with the County in May of 1968. He referred back to the minute; of the Planning and Zoning Commission where he asked for permission to construct the driveway to the second piece of property at which time there was no division on this property as shown now. He stated that this had been approved and filed 1963 at the Planning and Zoning Commission meeting of January 8, 1968. He felt he was not at that point to be involved with Ordinance 493. He had been advised at the Planning and Zoning Commission level that the property if the property was recorded to get the copies of the recordings and the dates from the County. Apparently there is a question as to when this was recorded and when the action was taken. The information he presented to the Council showed that the survey wa: made in 1964 and that it was recorded in 1968. Motion was made by Paul Redpath, seconded by Arthur Miller to approve the request subject to the opinion from Mr. Perbix to the legality of what Mr. Serios has dm and whether it meets Village standards. The motion carried. EXHIBIT ', ! i-,k44'2kOrr. y�Ntl Tl OW W i i✓I� I.. -_..._.. .�F - Opiirri; LL �fi. �; 0 , _i _ r , - - L 00 ' 1 ., r 1 \ % � r_ r , ,.i,-.-.19 -,',, '..., /eiV \I ti p ,i A 11 )\drr el 1- 6' %\, A 1 A , 10 tz '-\ 4!: l'. O - f i O$gym.2 ��, O /, , -Iiii\I 1-1'4:711;1/:-AP":7:1\r-1,;) I-.--- ' 1 i MI! Jt �r4JJ:1 AllA °-�O -„,,, , ;.1.,;,.1 _ Cyr, I .,P �/� cl cl )\� J E : MI .. p gil . : ---Cil'.. n _7 ,_ MI ,�, /yam��I.../� \ i DT_ ��-C-'41i 0 'a "-): .,--:ii 1;i,::_g,,\ `�O ' '� 1 i i::--v--:,_ // <, --, i I ' "' tii '� 1 E �1ri tS_ � �- ' �` O �� O O s � E f �. P __ xF ��� � _-%:, r'1 Ill ( II '\ 11 / � � \/��/ �� TIT �T �( v' y w 0.... � ���7EP O� �� L C ,- I A, pim, 1_ ---- ✓� �c ,I� ' _._ 1 �,_ — - I '�.. '�, cam` /:- ::6,,,, ,;\_:_y,\L- vL� '� ��Tit II I j ! Q '—4 IImow a \ASH ^I r J+ l a I I / 4 O l C 'al.II �— O ,,107 +; � '�'�► (ftp r . ----'I i ._..,:/ii,\I I —I— -- \_ z ---- ,—,_, 1 t t --7.-/:-/I O _O� Ft% \�_ / �� p �,♦ ice__ %__ \---. \\C r _ _.//. :____X7 I. ___ - __,---1-- --- ,�,� PR , INARY GUIDE PLAN �010 VILLAGE OF EDEN PRAIRIE F THOROUGHFARE PLAN LAND USE - FREEWAYS 0 COMMERCIAL 47"" vno Cc,'.....„..."'7 E ELEMENTARY SCHOOL - ARTERIALS \O INDUSTRIAL JH JUNIOR HIGH SCHOOL -- COLLECTORS ---_ PARKWAYS O MULTIPLE DWELLING♦-�Im"�'�' 0SENIOR HIGH SCHOOL 0 INTERCHANGE WITHOUT ACCESS �O SINGLE FAMILY F FIRE STATION �M• INTERCHANGE WITH ACCESS l P I PARK L URRARY CII) QUASI PURLK 6 CHURCH COMMUNITY DEVELOPMENT PLAN FOR EDEN PRAIRIE, MINNESOTA EXHIBIT LAND USE �3 Determination of uses for land and the relationship of those uses is the essence of the comprehensive planning process . It is in the regulation of land use that the planning process breaks down most easily . This is the point at which "The o.x is gored " , and the viewer ' s relationship to the ox has much to do with his opinion of the "goring" . A detailed description of the proposed plan would not serve a useful purpose here . The graphic plan serves as its own description in a physical way . What will be provided here is an outline of the principles and objectives of the land use plan . Parks , schools and other public facilities are covered in more detail in the following sections on Community Facili - ties . Private land use is the subject of this portion of the Plan report . CONCEPT The proposed land use plan is based on a concept which can be expressed in six simple statements : 1 ) There should be one , concentrated , regional -size com- mercial center within the Village , and convenient community shopping facilities throughout the Village . 2 ) The Village should be divided into several "communities " by establishing "activity centers " around schools , parks and commercial developments which are identifiable focal points for community life and activity . 3 ) Industrial development should be concentrated within the major highway access areas and around Flying Cloud airport and should permit very little " heavy" industry . 4 ) Significant natural resources and amenities should be preserved to the greatest extent possible , through a_ both public and private means . Developers must be L.'-i U required to prepare a natural resource inventory and evaluation and demonstrate that it is a basis for Li U their plans . BRAUER & ASSOCIATES , INC . 6 EXHIBIT COMMUNITY DEVELOPMENT PLAN 4 FOR EDEN PRAIRIE, MINNESOTA Comparison is not the basis for the Eden Prairie Land Use Plan proposal , however , and it is the particular character- istics of the Eden Prairie Plan which will be discussed here . The Guide Plan recommends only a few very broad land use classifications . The zoning ordinance to be adopted later will be much more detailed . RESIDENTIAL - SINGLE FAMILY Eden Prairie is , and will continue to be , primarily a 'bed- room suburb" and will develop primarily as a community of single family detached homes . Over half of the total area has been recommended for single family development . It should be pointed out , however , that the Village should encourage development which will preserve many of the natural environmental assets by insisting on designs which cluster single family dwellings or include some low-density multiple dwellings in return for preservation of significant open spaces . With the appearance soon of sanitary sewer , and hopefully a water system , lot sizes should be substantially reduced from the present 22, 000 square-foot minimum . A minimum area of 10 , 000 square feet per single family unit should be considered with an additional 2000 square-foot per unit contribution to common open space . During the few years prior to actual operation of a sani - -j tary sewer system, plats should be designed with 22 , 000 square foot minimum lots which can easily be divided when sewer service becomes available . w J RESIDENTIAL-MULTIPLE Q., As previously mentioned , low density ( 7 to 10 units per acre ) multiple dwellings should be encouraged within the J vast "Residential " area of the Guide Plan when such develop- — ment will preserve significant open space . Specific location for this development , obviously , cannot be w shown , but are considered in total population projections . Q cn w Specific locations for low and medium density ( 10- 15 units per acre ) multiple development are shown , particularly around each of the community centers . A concentration of BRAUER & ASSOCIATES , INC . 9 'EXHIBIT COMMUNITY DEVELOPMENT PLAN t45 41 44 b FOR EDEN PRAIRIE, MINNESOTA existing zone consistent with the Guide Plan or to re- commended new zoning classifications which will be in- cluded in the new zoning ordinance . 2 ) Undesirable , Non-Conforming Uses (junk yards , highway service on "old" highways , bulk or distribution , etc . ) negotiate some reasonable period for gradual revision or termination of use on an individual basis . 3 ) Acceptable Non-Conforming Uses , consist primarily of manufacturing or highway service commercial in proposed regional retail area . Here the owners should be assured that zoning will not be changed to their disadvantage without their consent . At the same time , the owner ' s should be willing to assure the Village that substantial expansion of facilities for the present use will not be accomplished unless the development can be revised to effectively accommodate future proposed uses . For example , expansion of a manufacturing building which is visually and functionally adaptable to future retail or office use would pose no problem . The economics of land value will dictate the correct timing for a change in zoning . 4 ) Planned Unit Development ( PUD ) procedures for zoning and development should be encouraged as soon as possible and applied generally throughout the Village . 5 ) Aggregate Sources should be identified and reserved after w a complete review of the entire Village supply based on samples and borings submitted by property owners . c� 6 ) Extensive Site Alteration , general excavation and removal —� of large , scenic and wooded hills should be discouraged by offering additional density or complementary , higher cr) land use designations or building densities as an w economic incentive . 7 ) Zoning Ordinance definitions , classifications and pro- cedures should be modeled after and consistent with those of surrounding municipalities . There is no need to create an entirely new vocabulary and procedure in order to be effective . BRAUER & ASSOCIATES , INC . 13 EXHIBIT I 4/ COMMUNITY DEVELOPMENT PLAN FOR EDEN PRAIRIE, MINNESOTA 4 . Some general guidelines should be followed in acquiring and developing the park lands described in the Plan . a ) Dedication of at least 5% of acceptable land area , or equivalent cash contribution should be required of all developments , non-residential as well as residential . b ) No platted lots should adjoin active recreation space . Whenever possible , streets should serve as the boundaries for school and park sites . There is no end to the development and operational problems created by " neighbors " . c ) Park sites should be larger and fewer . A minimum size for a small , recreation park should be eight acres . Playfield areas should be at least 20 acres in size . A proliferation of small sites means high maintenance and program operation costs for the life of the system . d ) A program of acquisition and development should be proposed and followed in increments of no more than five years . Setting goals , going about achieving them , and periodically reviewing them is the very substance of planning and essential to the construc- tion of a complete system of parks . e ) A full -time recreation professional should be a high priority department head in the administrative structure of the Village . It is not likely that the Village will have a complete , and effective recreation program without involvement of a recreation professional . f ) Park development should be an important element in each of the four community centers . If these centers are to be real focal points of community life , there must be park area and recreation activity within or nearby each . co cc Q 0 BRAUER & ASSOCIATES , INC . 18 EXHIBIT yg I II I CJ ,� M _ 11 � '� I / M)2 (P Q I ��_ 17 � 1L J _� !. �i LCiii I - I 1IE J '� i, ', 1 1` / I, ) -I I }-a M r i E P / M S t , ////,/ — -1 / `E.I G,? c � y P r, ,;r' m` I cJ III 4 c \�� _y / `/i"r 1- , „,eye Jf1,,eihri 04,1 — I 41 m J j E. o ] � E ' ? 14 E1 I.i c ll (E ,0,0 SH° % ICI 11 *1 'o/d, �/ l 1 ]j E i/// / A% r It- < /I 1)1I 'ri:eIIN4\in' ( (TI -)E I'L:kN 1___- VILLAGE OF EDEN PRAIRIE M THOROUGHFARE PLAN LAND USE FREEWAYS C COMMERCIAL CJ E ; ELEMENTARY SCHOOL ARTERIALS I INDUSTRIAL J E-V JUNIOR HIGH SCHOOL M,mar o.s�� M'iar�iru�lo�li — COLLECTORS -- PARKWAYS M MULTIPLE DWELLING SW SENIOR HIGH SCHOOL INTERCHANGE WITHOUT ACCESS SINGLE FAMILY F FIRE STATION tINTERCHANGE WITH ACCESS P PARK L. LIBRARY a QUASI PUBLIC 1 CHURCH COMMUNITY FACILITIES - Parks & Open Space 1 parks — parkway ,,i, quasi land EXHIBIT (iJ yq_t Council Minutes - 2 - Tues.,July 17, 1979 D. Reque t to set a Public Hearing for Independent Millwork Properties rezoning and r:vised PUD for August 7, 1979 E. Approv. specifications and order bids for seal coating F. Request for approval of Cooperative Power Association developer's agreement (former item VI. C.) G. 2nd Rea. ng of Ordinance No. 79-21, rezoning 10 acres from Rural to Public for Eden Prairie Assemblies of God Church and developer's agreement (formerlt item VII. C.) H. Reaffirma ion and Assumption Agreement for Circle Rubber (formerly item ;` VIII, I. Request to et a Public Hearing for Municipal Industrial Development Bond a removal fo Cooperative Power Association for August 21, 1979 (formerly iteam VIII. ' 2.) iF J. Request to s- a Public Hearing for Municipal Industrial Development Bond approval fur Ryao Cvnsteuction Company for August 21, 1979 (formerly item VIII. F. .) MOTIONr Osterholt m.ved, seconded by Redpath, to approve items A - J on the Consent Calen. r. Motion carried unanimously. IV. PUBLIC HEARINGS •( A. Bluff's West 3rd & 'th by Hustad Development Corporation. Request for PUD concept approval, rezoning rom Rural to R1-13.5, RM 6.5 and RM 2.5, preliminary plat approval for approxitately 640 units on 166.5 acres, and approval of EAW, finding no significant impac. Located north of Bluff's West 2nd and east of Homeward Hills Road (Resolutio No. 79-94 - PUD, Ordinance No. 79-14 - rezoning, Resolution No. 79-96 preliminary plat) Continued from May 15, 1979 City Manager Ulstad ex. ained this Public Hearing was continued from the May 15th Council meetin, and staff has been working with the proponents and have not come up wi a proposal for them to go back to the Planning Commission for considera ion. Therefore, Ulstad requested the Council continue this Public Hearing to t August 21st Council meeting. MOTION; Edstrom moved, se onded by Osterholt, to continue the Public Hearing for Bluff's West 3rd and 4t by Rusted Development Corporation to the August 21, 1979 Council meeting. Moti' carried unanimously. B. Guide Plan Public Hearing (continued from June 12, 1979) City Manager Roger Ulstad referred to the updated draft of the preliminary Guide Plan which has been distributed to each Council member, Ulstad sugested the Council consider this Guide Plan and if an agreement can be made on the changes, it can be forwarded to the Metropolitan Council , The Metropolitan Council would review the Guide Plan in its preliminary form and, in turn, C it would come back to the City Council for final approval. At that time the Council would also entertain some changes in the City's ordinances, City Planner Enger spoke to the preliminary Guide Plan in general and to the suggested changes forwarded on to him prior to this evening's meeting by Council members. Additional changes were made by Council members along with suggested language by City Attorney Pauly to be incorporated into the Guide Plan before it is forwarded on to the Metropolitan Council for review. EXHIBIT ) 449 Council Minutes - 3 - Tues.,July 17, 1979 ; 's B. Guide Plan Public Hearing (continued) Frank Smetana. Sr., Smetana Lane, requested that the Guide Plan be made up in a summarized form so people would not have to go through 400 pages to find out what it is all about. Penzel replied there will be visual aids readily available at City Hall once the document is finalized. MOTION: Redpath moved, seconded by Osterholt. to close the Public Hearing and give preliminary approval to the Guide Plan and forward it to the adjoining and otherwise affected governmental agencies and the Metropolitan Council for review. Motion carried unanimously. C. Request for Munic sal Industrial Develosment Bond a..roval in the amount of $1 ,350,000.00 for +onald Russ Resolution No. 79-72 Continued from July 3, 1979 City Manager Ulstad -xplained this is a continued Public Hearing from the July 3rd Council meeting. Marvin Ingber, bond cunsel, summarized the application which is for a proposed office building to be ' ocated at the intersection of Flying Cloud Drive and {Washington Avenue, It ill be a multi-tenant building to be owned by Donald C. Russ and leased to a n her of tenants in the decorating business. who are listed on the applicati. . The project itself is for revenue bond funding in the amount of $1,350,000.00 be placed in the form of a mortgage transaction with an institutional len=er. Ingber referred to letter om Mr. Russ dated July 3 whereby it was indicated one of the tenants, Designe.'s Gallery, was to have a financial interest in the project itself. The interest at that point in time was fora leasing fee. The owner, Mr. Russ, has entered into an agreement with Mr. Richard Anderson to provide for a leasing fee to ,.y for the tenants to occupy the project. Mr. Anderson, in turn, has an agre, ent with Mr. McCorkell of Designer's Gallery to pay him a fee if Mr. McCorkel1 provides the leasing tenants for the project. There was no written i strument indicating that Mr, McCorkell would receive an equity interest in the project in lieu of receiving cash for having provided tenants for the project. Thus, Mr, McCorkell's only interest in the project would be leasing fee earne ' for services rendered in the providing of tenants for the building. Edstrom questioned if the commitment for leases were oral or written commitments? Anderson replied they have written co' itments for approximately 90% of the space. Mr. McCorkell, Designers Gall- y. also commented his company represents 80% of the names and they are commitme s and since the list was made out there have been additional interested parties:. Mr. Russ explained he has four sons and ey are working with him in the real estate business. Russ indicated they are ',lanning on building 2 more buildings and he doesn't know which of the buildings hey will be located in. Edstrom pointed out that Mr. Russ is not on he tenant list for building 1, which is being dealt with this evening. Mr. 'uss replied if it is a require- ment they would be a tenant. The reason they %re staying out of the first C building is that there are so many peopie. that ant to get in it that they are not sure space will be available for them. Rus commented it is possible he will end up with space in each of the buildings n lieu of the several types of operations they have. 2?� • introduction AUTHORITY In 1975, the Eden Prairie Planning Commission and City " . . . . so we need plan- agreed that the 1968 Guide Plan and subsequent Sector Plans ners and they need to be needed to be combined, coordinated, and structured in such in touch with the com- a way that the planning directions for the City would be plex needs But if more current and more useful in the decision-making process a person only knows of the _City. In the spring of 1975, the Council directed physical facts and knows the staff to be responsible for the process and the pro- no poetry or irony, that ducts required to update the 1968 Comprehensive Guide Plan person will be out of and the legislative and administrative documents which sup- the celebration and only port the planning process. a drone." In August of 19754 the Eden Prairie City Council directed Sister Corita, the staff to invite and interview planning consultants to 1 Footnotes & Headlines, work as a team member with the City planning staff updating , 1975. the 1968 Comprehensive Guide Plan. The interview and selec- tion process resulted in the selection of Brauer & Associates, Inc. , the firm responsible for preparation of the 1968 plan, to assist in the update process in December, EXHIBIT 1975. PURPOSE OF THE STUDY 5o �t Since adoption of the 1968 Guide Plan, the City has accomp- lished many of the goals and objectives stated in the plan. The planning process has itself also continued with pre- paration of many sub-area plans as well as two "Sector" plans and the MCA (Major Center Area) PUD plan proposal . All of the procedural elements, the "tools" of the trade, such as zoning and platting codes , sign regulations , PUD procedures, etc. , have been adopted and are utilized today. In 1976, the Minnesota Legislature enacted the Metropolitan Land Use Planning Act which requires all municipalities within the seven-county area supervised by the Metropolitan Council to prepare new or revise existing comprehensive plans to be consistent with the Metropolitan Development Guide policies and recommendations. The purpose, then, of this planning update process is to: 1 . Review the entire substance of the 1968 Guide Plan in light of the circumstances, needs and desires of the community today; 2. Incorporate into the current plan all appropriate aspects of the sector and MCA planning studies , as well as various policy statements (i .e. , Housing Task Force) adopted since 1968; Eden Prairie Guide Plan Update 1-) introduction 3. Generate and develop broad community participation in EXHIBIT the process as well as the products; 4. Recognize and incorporate the Metropolitan Council guide3ines and requirements adopted since 1968; 5. Recommend new legislation, organization, rules and procedures for planning and plan implementation ; all prepared and presented in the form of related, cohesive, and comprehensivT recommendations for action by the City Council , Commissions and residents. SCOPE The scope of this process was as broad and as intense as the time frame, the budget, and the skills of the staff and consultants permitted. Effective planning begins with a realistic view of what is. "If you don't have some More than 700 staff and consultant hours have been invested kind of a road map, what in research documentation, and analysis of existing physi- are your chances of get- cal , governmental and demographic facts . A consulting ting where you want to sociologist has made a specific investigation into the go?" socio-cultural composition of the population, the most likely basis for those findings , and what that means in "What if you don' t know planning terms. where you want to go?" E.P. Forum Acceptable, continuing planning must include a repre- sentative cross-section of official and citizen partici- pants , not "contributors" or "critics" , but actual partici- pants. More than 300 individuals have played active roles in soliciting information and opinions , learning about the factual situation, and reviewing with each other in small - group dialog, concerns, goals, objectives and planning ideas for the future of Eden Prairie. Nearly 70% of the total planning period was devoted to participatory interaction. Operating the planning mechanism is a most critical element. All of the ordinances, policies, rules and procedures in- volved in planning, implementation and administration of the process were studied and analyzed. Each was viewed as part of the whole system, and modifications were suggested in order to approach a systemic balance. Eden Prairie Guide Plan Update 1-? EXHIBIT monimil, G:,1,41,37,,, fig. 2.6 Natural Conditions 1968/1977 is n I it �,' C�) ,,,.„., ( , , , Wag Mile lEa kic*Ilare :glom .� )1 •NNii�• ^MPS ,_s. _ ,, ,iik - 1 Iii.:---- 4 # . ..,11\itis--...;alit -4% 4\ !:,..,ab ital if..;1'Ilk-` IC I .fi ,,.i N =i :.11� 1 ma,mill, 7 i i '°'-r L \ 1,v, le/4 , < will 9 to •N�� ,-A.k: - 1 iii A ::,...,.. ht 0 ‘ P i i -irgi) ,„ ,, ifl!dill , a , V lipr \ --�7-- OF ••• jillE.S, `‘r , , „ �. 11t\r __ ________ , -moll , .:-.-" ovir re"1 . 11111110"1- a "(ft, . '_.-- , _tea_ 41."4.7:7 i i - — iireit'14 ,,, I �I '.� V r A a."emu..„ ,0 1 � � � � ,� i — �_ I �- --� i.... L ► _ ' rAwi ? �� '711i '1- I 71-T k ii(7- ir-,—) ' ° '`" 1 J „ / / I �= - � IIt r .47. � f tinxa�. a �.�� = ' s 1C1' -- ..‘ - D .• 1 — rtilk ,,,,, 1_,/;1,..„),-, Atti„. /_ /41 :— Moog 1 1 _I /Alp w:,- 11111 "Akigl‘ r =r itti. x i ���� fir.'4 a �0 _may �. py .lIl/ - •end , . ///� 3'=. , . .I I \\ 3•s 'F.Wx h -4-• ihw` faw«.w.m'RI/ \\ 1— ��.. 1968 public and quasi -public opera.-space 1977 parks/open space 1977 public `: 1977 quasi-public Eden Prairie Guide Plan Update Source : City of Eden Prairie maul- Land Use In order to better analyze land use and development, the city has been divided into 17 sectors, each representing fairly homogeneous land areas with boundaries coinciding with existing barriers such as roadways. Figure 2-7 illus- ' trates these sectors. Sector land use data was obtained from a field survey done in May, 1977. The land use categories used in the sector studies are based on the following classifications: Residential : Single-Family -single-family, duplexes Multiple-Family -structures including three or more dwelling units (townhouses, condomin- iums, apartments) Commercial : Shopping facilities, business and professional offices , motels, restaurants. Industrial : Manufacturing, warehousing, storage and distribution structures . Quasi-Public: Churches, private schools , golf courses, hunting clubs, recreational facilities , homeowner's associations ' lands. Public: Parks, public schools, community facilities, municipal building, public works building, airport and lakes. Other: Right-of-way, vacant, unplatted agricultural . Table 2-5 summarizes and compares the sectors in terms of area and existing land use. 2-18 EXHIBITc a S7 fig. 2.8 Land Use 1 i 1 1 ,s 1, LL - . , t•i_r-,,,,,..041, pu. wiF. mjils!.: - i,;,„ si-, - Win-pip A. /4.-- r$4. , s 11 —4'1 ' - ' '--.' ./ * , ._ /w�-. i , 11 P a ' 1 PU.4i; �J ,Ari l i�tr *WI�� IIa . OFC ) I, \ 414M111. lb;;;;41 __ 1 i Nr . I' ) r ��CCC 119 R. MM ::?:.1. 44, 11947 Y ` ,�,• ,N � � fr Pie r; � 7. �+ .:117 m i ,. Aht — L. :Alnia -, n� iIIF..16; r st,*.,‘:.,,tin _ yillear -tia�� �J-�Y', �1�� y aril= r �1II I ��! , I _. Li ,....„/„. , ... ,„„:_,,, ,„ r, ,, j_... 1*-114,_N :„,,.„011 —__ . ..• .1;i_illow .....ir (14z.g... w 14.1,..bla.51,L. NWIFPF--00 fic impiroropz,,,u. iyiv . %\qpi _ _ _ m si r ......___..,.., 0_0 it 11 i liglzi. vh Jill 7--- /, 1 \ _ , __ i _ _, __ ! ,, iiip , ,ft ,, L.,,,,, .„._ ., 11 „____. 4-, i - 1 wig icrlii _P}s-:_ - cerw... ot-- ‘y, -- , -- ) lee rr miles s �; , , �� -46, ...., r • lin,_ yr- — � u �i %. ,-__ IifIftir 1 RK Q J IPRK Imidi �'-'y-` -_ lb I I .- 11 . ,N l`s .{*"' •_ ' ;i�+� CP Air I PH .4111111 --_ i �� 1 : l i. PUB C-� �.. \ ".l EH . C REG �. �_-� ' . 'liMN „� rJ PUB .. I .k.. PUB i .A ......../ .0 et MIMI ilei . if/ 't.-.. 71 ( .� I PUBQ ,. _ _ _ VVV 1-. MH *� 1 t�� Mail b M PUB 11 B 1 ..... �� �I1I .; / PUB �`-T _ I GE �- ��\ __ / , _ ll 1 `- ' F`. _,,,-- ___,__IT I --1 -No .1, sire m. i 1 , 1 ,.. ,o, _,___):44,-T; 0 B . ...,... -,,,1 ..r 4, 4 _ ....PUB i l i Ii[ / r' 1 O ' i PUS _ +l�•:, ii _ H�1— _ y6 4 �'- -wNDFILI • `t -� -�s.i.:_ —7��CtiJC. ' .� - :.21...i�. 4a ��.'.v'� ll a� 1 1 i 1 tit.__ I __ , _, , __ __ legend: M P park I industrial * includes occupied, zoned, 0 quasi public OFC office & PUD approved areas. C commercial undesignated rural R residential mans M.U.S.A. Line M multiple (Metropolitan Urban Service Area) Eden Prairie Guide Plan Update Source: City of Eden Prairie EXHIBIT IS(. fig. 2.9 Occupancy ,, 1. I, r i L . .- ----- f .swriarto-- ,-1 / .H.411,.,.: • ,c ,, , - __ _, _ - ) - 0 .1 rill „ , - FAN?sym , -- _ "� V -- is • A/ M y kli i{` • . . t_ • fig/ >l l �: �`"� `' \�i��� _ .fir . Y�;,. �r �a j�.a�•" 1 '' :CJ __ III� i !IL �'` ` •yam.! i '� `i �` .r si rr 4t-x i�, l 4, \ \ ally . /. ter,.. p, ., . A 7 �-,` sy e. ��iho 144044. 'Ea`..., •1 h► ��■ i !n ari i 0-1 Wilk perpv J� „ _M1 taM,, .� .. iii a1�-r As....., �Y�i.+1,74Fi _ _- IIII ''-'•'r: '7'' ' Air 2.-,47L.k. . 41,„(ilii!gLVIII: Ir L,/_-‘,„, - illll ..,_ ,...,,,,..: - -A: 0 '. 3,,,, t4"/". )-tt tap ,,'''' /il, el=r---,, "IF' _/ Alt • - 1 - .4. v- - ta: . K.,,- .4 op 0 111111"_4- mop, , .,,,,,,---s--,:::----- -- .-- 6 A,i,,,.__,-... _r: ii-e4,74,4 2 pc n -• Lill ?i _- 1 ' '`+•�`2 d H 1 .. _— . . t ) Z 1 • - • I .... '''' --'' •7:.'„,..4.-a-, . _ \. i ..-.L.„4" ''',. _1.1. 1 '''-'-`12 T 1 . .ja \* 41 L T I ''MU — ♦ 1 rs S /. w \� ;� F�:'. ���� legend: • single family residence senior high school county "' multiple U' middle school C cemetary • commercial elementary school fire ❑ industial vocational technical 0 church parks L library 0 health public 0 munipal '•'� M.USA Line quasi-public Ol) state Eden Prairie Guide Plan Update Source: Brauer & Associates Planning Context Others EXHIBIT Flying Cloud Airport 544.0 5 1--1 Vo-Tech 102.7 - CS RC m4 76.7 - Subtotal - Others 723.4 - tl Subtotal - Lakes 1 ,614.0 - Source: City of Eden Prairie,. Park & Rec. Dept. Most of the park land acquisition and development has taken place since 1968 according to the needs identified in the 1968 Guide Plan. Since that time, approximately $5 million has been invested in acquisition and, to a lesser extent,. development of park land. Since 1968, the City has received roughly $4.5 million_ dollars in grants from federal , state and metropolitan sources as well as passing a Park Bond Issue for $550,000. Grants received for parks represent more than any other municipality in Hennepin County received, with the exception of Minneapolis. Quasi-Public Land With the exception of the Minnesota River floodplain, the majority of which is classified as quasi-public, the largest quasi-public lands in Eden Prairie are golf courses. Figure 2-11 indicates the location of public and quasi-public lands in Eden Prairie. TABLE 2-10 QUASI-PUBLIC LAND Minnesota River Floodplain 1 ,631 acres Olympic Hills Golf Course 178 acres Edenvale Golf Course 105 acres Cedar Hills Golf Course 46 acres King of Glory Lutheran Church 46 acres The Preserve (recreation center) . 24 acres Others (other churches, homeowners associations) 42 acres,., TOTAL 2,072 acres Eden Prairie Guide Plan Update 2-25 EXHIBIT 5./..2' a fig. 2.11 Public & Quasi - Public Lands /-- '---- i I „ herrn, al , a r I 1=Ira ,1 IMINg T J/. ' •'I ' ...7•••.'' 4/.... iS •I '''.ainnUIEM --, iPtbei illiip. 11, I_,...,.• la nO" • "'‘ViN II .\ I . .6L-01 . .--AlsW hal , ....,1 • f'14/ ••••5Valr.A1 lin 1 ---_,II, M 1 ib°701."'llir'4 Illi 1.1.....0......=pm ft,zt LT:r-gif , ---- y7 inget:Lafit . ....qp,„tictot 3 . . ., ) 4 IIIII 1 11 kTIOSIL - fmaz. 1:iil setillIEL L_, . - -:*'. 4 IIVir plir--- 1 ,.......1.1 • 1 0 Mi133,4M1 1 • 1 —-I- ituriet .... _ ____.,j .v___:..,,,,- if i--- 1 , ,..,. ...II.= , , . 40 1 Oaf ' i,k • _ ---\ )( -,-I f,.. . ialikoto nog " 1If , 1 _ jr`tt-Mill Q --------1111,110.1::_riiiill„„,)iriii - „ L „A-.... -- - i trreufiv , '• t 1 .. _m_i I . -- • i i - / _ -7.--t-lk=1, - /7--' . - 1 - -'- .-Kb4--s- - I 'LL---•'-I/ 1 1 " 1 , - H- / • ''f. -.,...1..., ,, --- _ - - Vy - ( --- 7 , _ _ L 1.4-4T— L_,\•:,_,___,,_,...", ,,,:,,,„,,,, ,. . - - L , c)iii.„,__ , 1 -- f 4 k-,„sx...,;----L----- --------ir . ---------- ,.. -- ------------ 88' t .'"''-'4740' " 4'''''''' '''''''.1 ,,.. •---.....„ -- -________) 1 „., .,,,... . ...,..,„.. ..,--,......,___ _ ....- ...---,..,,,,-. T •8 -- J -„,----, , legend : ,.. .... public E . quasipublic - parks Edenmus PrairieALine Guide Plan Update Source: City of Eden Prairie EXHIBIT I15B - I I 5a. LAND USE The proposed generalized land use for Eden Prairie is illustrated in Figure 5-1 . The projected acreage of each land use are presented in Table 5-1 . TABLE 5-1 ESTIMATED LAND USE ACREAGE - 1990 Land Use Urban (Acres) Rural (Acres Total (Acres) % of City Rural (RU) - 1 ,541 1 ,541 6.7 . Residential- -low density (RL) 5,790 47 5,837 25.4 -medium density (RM) 1 ,082 - 1 ,082 4.7 -high density (RH) 275 - 275 1.2 Commercial 1 ,058 - 1 ,058 4.6 _ Industrial 1 ,369 - 1 ,369 6.0 Office 607 ., - 607 2.6 Public 3,464 2,825 6,289 27.3 Institutional 692 - 692 3.0 Quasi-Public 349 - 349 1 .5 Lakes 898 716 1 ,614 7.0 R.O.W. ' s 1 ,971 343 2,314 10.0 17,555 5,472 23,027 100% If Eden Prairie develops consistent with the development plan illustrated in Figure 5-1 , the resultant population will range from roughly 80,000 to 120,000. Table 5-2 indi- cates the methodology and assumptions used in deriving this projected population range. TABLE 5-2 PROJECTED POPULATION - 2025 Land Use Persons/Household x Units/Acre = Persons/Acre RU 4 0 - 0.2 0 - .8 RL 3.5 2 - . 3.5 7 - 12.25 RM. 1 3 3.5 - 10 .10.5 - 30 RM.2 2 10 - 15 �• . 20 - 30 RH 2 24 - 40 48 - 80 # of Acres x Persons/Acre = Population RU 1 ,541 0 - .08 = 0 - 1 ,233 RL 5,837 7 - 12.25 = 40,860 - 71 ,503 RM 1 1 ,032 10.5-30 = 10,836 - 30,960 *RM 2 50 20 -30 = 1 ,000 - 1 ,500 RH 275 48 -80 = 13,200 - 22,000 TOTAL .POPULATION 65,896 -127,196 • *RM2 is a density designation meant only to apply to existing P.U.D. designations and zonings in the City and is not" intended to be used in the future. - 1 n /-)n /-If1 r 9 EXHIBIT 5T••— fig. 5.2 Metropolitan Urban Service Area _ - t�. i 47,,,..."--„fit sxs / � di 1• ' ' -._.-�5 `_ ', _ �r� ram_ .., , Vj&i ill1 `7r ` j' v,v; & Pi - �� .Pr'�� 40 1 ski , irml,„/Aqvii t t , I • . " �r :, t o �� ` \, 41 `e:f, ,1 mt rr:. yl'IMP t: �.: Q t I a. , %Nr• 4 m Novo. aL' nL-I,I` .. .es .r� ai .,,4: fwrill rk;allisiN et A ita.. . vE Ira��JitS\�� N �i ...... •--,,N ,-.____...‘ ...',4 tilin i. V''''te.WWY rilleigir1/4"7S a •�:`R,,,„,,AAi-1 i?le�p' 'A . �1. �4 1 '� ' id �x � Y�/ ;�� TI" -/ %1 . solo,�.�. �' .\ � ....,,�g a r`���� (�, `l\� riw2 I Id .6 �hsAm:7- 4l id Il i i i� •Lia !�`1Al .i it I '+ esi BSI � ����r �► - - `�- j'Fatir4. 46, 11111..Z :416010\-----=".9103111:er/".'fillirimilir -�ry ,1' 14(•1 i!i, . ` '!= 4ram!t-l• �y �;�%/ P / itwa //4\-t-A- of i _.� �1 , r ),4„,/ __ . . . ., / T lb . \-4,, \AC 16 ,Gi l Nor. P .,".m tl!I- -:- ter. (_ .411L_ ''� l,; /�: 1,10.. .- -,. ._ 1 1 1,±.,, --- ,/.,!., -/ \\'')'.) ) 1 t7--., r, - ,..1-4 ., , p- ".. ..." I ER! 4' :, k\_----- VT i-- L law VA4:11 - , / y�_ �- .. — .... � �' t �i�ii 6% . Yip.., .L �1� _ a•seems / _ 1_ .� .....nn..- Emit ir i -.— 1� �� '►•pup Q ar ; l � I /,, 1111�111 �Q $� �� A RM ��"Ill� rl' 1�!� f M' J Sri l' Eli ‘115 s f � _ —� avgrt•A mil. 41141 '--1 f ---4 ,,„...1/4, , . .t4,440.- .. - -lir' 1 ____, _ _ .. .., , , legend: „.. U urban legend: �oa•ayo.aa-pow e.o.uy ,.aa.n,i.i T transitional RM residential (m,diom a•n.i,y) E elementary school SC sports complex RH residential (high a...1,y) t church, cemetary principal arterial R rural C commercial SE secondary education intermediate " Id industrial HC Hennepin County minor arterial ••• M.U.S.A Line P public CS city services collector Q quasi-public F fire solo■ M.U.S.A Line Eden Prairie Guide Plan Update Source : Brauer & Associates EXHIBIT 51 fig. 5.3 Community Facilities ,. ... ‘1 .,.. .. .,,' ',,,.'-5: , ra R Fa ill 1 0•411:101. ---A,\,._ . tim,44,:A151,,-,.. 47 ..---. 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PARKS/OPEN SPACE1 (g) The majority of the parks and open space areas designated in the general development plan are related to the water resources of the city; lakes , ponds, creeks and floodplains. Preserving these areas serves many purposes, including offering water-oriented recreational opportunities, providing natural flood control with the subsequent lessening of damage to property and lives , pro- vid'ing habitat for a wide range of wildlife and establishing corridors for bicycling, horseback riding, hiking and cross country skiing. In short, these areas deserve protection not only for the sake of opportunities they offer to man, but for their own sake as well . Table 5-7 lists the types and amount of proposed parks and open space. They are also illustrated in Figure 5-9. TABLE 5-7 ESTIMATED PARKS/OPEN SPACE ACREAGE Estimated Type 1978 Acres Total Acres Mini Parks 51 110 Neighborhood Parks 288 430 , Communtiy Playfields 115 234 Community Parks 177 263 Regional Parks 170 381 Regional Park Reserve 268 320 Linear Parks 271 1 ,175 Quasi Public Parks (Homeowner) 70 100 Total Parkland 1 ,410 3,013 Undesignated Open Space 450 450 National Wildlife Refuge 1,753 1,753 Lakes 1,614 1,614 Golf Courses 329 329 Flying Cloud Airport 544 544 Total additional Open Space 4,690 4,690 Parks/Open Space Acreage 6,100 7,703 Open Space Foremost among the designated open space is the Purgatory Creek Corridor, which meanders approximately 10 miles through the city. The creek and its adjacent lands represent a unique natural re- source that merits special consideration. Purgatory, Riley, and Nine Mile Creeks, which together form the second largest compon- ent in the open space plan, are natural corridors for both wild- life and human movement which should be preserved in a continuous, consistent manner rather than through piecemeal approach. The largest single open space area in the City will be the National Wildlife Refuge in the Minnesota River Valley. The Refuge will be managed by the U.S. Fish and Wildlife Service for the purpose of preserving waterfowl and fur-bearing mammal habitat that exists there now. This will be one of approximately 330 National Wild- life Refuge in the country. 5-15 1 & I fig. 5.12 Airport Safety Zones EXHIBIT •t, , .01 Irmo mak T.,,-. eHC -v-Aw„, . -1/ ...p_ar‘'', '•:-.-,_ Al orripl ....Tri_Nr. ..,,-,..,„,, ''Al .',11: .,- rata.gat.. .• . li.....r.4...s. . ,, , .1 . p..111,vi f .. i ye ea wi, „,,i li: 1 =''.' - r Allikturiiih ill IOW 017.4E.-9 i' • 1. Mi'frilt I . Ili !it Jr.I . 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I - 1 :':•-• - ' ,, 1 .,:„-,i,,A„,..,.,..,,,,,, ,,,,- --,r- :. *A . /.' see text for safety zone ckssi ications I C 1 legend :,":::::::=7..-7,." t churth .7za,„„ ____, ,„,--.7, Id InduslIlal c ----1 MC Nennedp7C...Y -::1:CtOt".'.p publIc CS Oily.Cc.iCfl ta Dept. of Aero- so Eden Prairie Guide Plan Update Muinne ns oa uu tr ci ce : R s les and Regulations EXHIBIT CITY COUNCIL MINUTES � (o?. I March l 9,2002 IMINIENEIN).° 1 Page 2 I VI. CONSE T CALENDAR A. CL RK'S LICENSE LIST B. BP A OCO by BP Products North America, Inc. 2nd Reading for Planned Unit Devel, .ment District Review with waivers on 2.45 acres, Zoning District Change from -ighborhood Commercial to Community Commercial on 1.4 acres, Zoning District •mendment with the Community Commercial Zoning District on 1.05 acres, . 1 Site Plan Review on 2.45 acres. Location: Southeast corner of Highway 212 and derson Lakes Parkway. (Ordinance No.5-2002-PUD-3-2002 for PUD District ' .view,Zoning District Change and Zoning District Amendment,and Resolutio No,2002-54 for Site Plan Review) C. ADOPT ' t OLUTION NO. 2002-55 APPROVING FINAL PLAT OF BP ADDITION Formally Anderson Lakes Commercial Center 4th Addition) D. AWARD CO TRACT FOR 2002 STREET SWEEPING TO ASTECH CORPORAT O N,I.C. 02-5558 1 E. APPROVE PR�'FESSIONAL SERVICES AGREEMENT WITH SEH, INC. FOR DESIGN RVICES FOR CRESTWOOD TERRACE IMPROVEMEN S,I.C. 98-5474 F. ADOPT RESOLD ION NO. 2002-56 APPROVING PLANS AND SPECIFICATION' FOR CHARLSON AREA IMPROVEMENTS, PHASE It LC.02-5563 G. APPROVE SERVIC r • GREEMENT WITH HONEYWELL FOR UPGRADE OF FILT 4 ' CONTROL SYSTEM AT THE WATER TREATMENT PLANT H. ADOPT RESOLUTION O. 2002-57 CALLING FOR A PUBLIC HEARING ON THE PROPOSED ISS ANCE OF REVENUE NOTES BY THE CITY OF BLAINE MOTION: Case moved, secon ed by Butcher,to approve Items A-H of the Consent Calendar. Motion carr d 5-0. VII. PUBLIC HEARINGS/MEETINGS A. COMPREHENSIVE GUIDE PLAN UPDATE(Resolution No. 2002-58) Jullie said this item was continued from the February 5 City Council meeting. He said official notice of this public hearing was published in the January 24,2002, Eden Prairie News and was sent to 29 property owners. The Council is required to hold a public hearing for adoption of the Guide Plan Update. The Resolution does not include approval of the Aviation Chapter. The Aviation Chapter approval will EXHIBIT CITY COUNCIL MINUTES March 19,2002 Page 3 occur after the City and the Metropolitan Airports Commission finish negotiations and finalize an agreement. He said the Community Planning Board finished its review of the Guide Plan Update on November 13, 2001. The Board did not recommend any land use changes,but did recommend minor changes to proposed policies. Case asked if there are 1,700 acres of land left to develop in the City. Franzen said 37% of the 1700 acres is not developable,but that portion would probably be used for density transfer. Case said he thought the figures presented in the memorandum did not add up correctly. Franzen said he would double-check the figures. There were no comments from the audience. MOTION: Butcher moved, seconded by Luse,to close the Public Hearing, except continue the Public Hearing on the Aviation Chapter to May 21,2002; and to adopt Resolution No. 2002-58 for Comprehensive Guide Plan Update. Motion carried 5-0. B. PRAIRIE ►ENTER DRIVE MEDICAL BUILDING by Grootwassink Real Estate Plann,s Unit Development Concept Amendment on 6.62 acres,Planned Unit Develop ent District Review with waivers on 6.62 acres,Zoning District Amendment w hin the Office District on 3.7 acres,Zoning District Change from I- 2 and Rural to • fice on 2.92 acres, Site Plan Review on 6.62 acres, Preliminary Plat of 6.62 acres' to two lots. Location: 800 Prairie Center Drive. (Resolution NO. 2002-59 for ' D Concept Amendment,Ordinance for PUD District Review and Zoning District Change, and Resolution NO.2002-60 for Preliminary Plat) Jullie said the project i ` or a new 28,400 square foot medical office building and a 14,800 square foot exp. ion to the existing Fairview Clinic located at 800 Prairie Center Drive. He said pr..onent would present an overview of the proposal. He said the Community Planning c'oard voted 7-0-1 (Stoelting abstained)to recommend approval of the project to t`- City Council at the February 25, 2002 meeting. Todd Mohagen, Mohagen hitects, addressed the proposal. He said it would be a two-story office building. The worked with staff on the drainage and the parking slope problems. There were no comments from t e audience. MOTION: Butcher moved,seco +ed by Case,to close the Public Hearing; to adopt the Resolution No. 2002-59 for P I Concept Amendment on 6.62 acres; to approve 1st Reading of the Ordinance for P I District Review,Zoning District Amendment within the Office Zoning District on .7 acres, and Zoning District Change from 1-2 and Rural to Office on 2.92 acres;to a'opt Resolution No.2002-60 for Preliminary Plat on 6.62 acres into 2 lots; and to di ct Staff to prepare a Developer's Agreement EXHIBIT COMPREHENSIVE GUIDE PLAN UPDATE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA RESOLUTION NO. 2002-58 A RESOLUTION ADOPTING THE 2002 COMPREHENSIVE GUIDE PLAN UPDATE WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Guide Plan ("Plan"); and WHEREAS, the Community Planning Board has reviewed the Comprehensive Guide Plan Update and recommended approval of the plan to the City Council on November 13, 2001, and WHEREAS,the City Council did consider the request on March 19, 2002. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Eden Prairie, Minnesota, hereby adopts the 2002 Comprehensive Guide Plan Update, with the exception of the Aviation Chapter. ADOPTED by the City Council of the City of Eden Prairie this 19th day of March,2002. ''‘,./ N c yra-L e K ATTEST: fir' Wht- Ka een Porta, City Clerk City of Eden Prairie Comprehensive Plan Update LE Table 3.2 City of Eden Prairie Existing Land Use,July 6, 2001 Acres % Total Land Use Type Acres Residential 6,625.76 29.3% Low Density Residential 5,275.51 23.34% Low Density Residential/Public/Open Space 0 0 Medium Density Residential 1,195.55 5.29% Medium Density Residential/Office 0 0 High Density Residential 154.70 0.68% Commercial 536.46 2.37% Regional Commercial 427.66 1.89% Community Commercial 67.74 0.29% Neighborhood Commercial 41.06 0.18% Office 453.83 2.00% Office 453.83 2.00% Office/Industrial 0 Medium Density Residential/Office 0 Industrial . . 1,387.92 6.14% Industrial 1,387.92 6.14% Industrial Office 0 0 Park/Open Space 4,694.60 20.77% Park/Open Space 4,694.60 20.77% Office/Public/Open Space 0 Public/Quasi-Public 1,480.82 6.55% Church/Cemetery 219.36 0.97% RuraWacant 2,116.42 9.36% Water 1,926.98 8.53% Right-of-Way 3,151.32 13.95 Total 22,594.46 100 Land Within MUSA 19,796.62 87.61 Land Outside of MUSA 2,800.92 12.39 Source: City of Eden Prairie,July 6,2001 3.2 FUTURE LAND USE and development review. The Plan is specific enough to guide many day-to-day Development has followed a prescribed development decisions and provides the process to ensure thoughtful integration of policies, standards, and principles that serve natural beauty with physical development. as the basis for updating the zoning To guide land use and development, the City ordinance and other development controls prepared and continually updated its Land that the City enforces. Use Guide Plan. The original Land Use Guide Plan Map was created in 1967 with a LAND USE CATEGORIES majority of it still represented today. The City uses the Comprehensive Land Use The Land Use Guide Plan densities and Guide Plan to develop recommendations in areas of land use, supportive infrastructure, 3-2 tabbies' City of Eden Prairie Comprehensive Plan Update m X Industrial This category includes water bodies such as 5 LTI Industrial Park: This category reserves land for industrial and related activities with creeks, rivers, lakes and ponds that are minimal adverse impact to differing land classified by the Minnesota Department of use. Acceptable land uses include Natural Resources. manufacturing, warehousing, and limited office uses. Corresponding zoning districts Right-of-Way include the I-2 and I-5 districts. This category includes all existing and General Industrial: This category provides reserved platted public rights-of-way. locations where industries that need larger sites and outside storage, screened from EXISTING AND FUTURE LAND USE views of differing land uses, that can operate COMPARISONS without adverse effects on other uses. The corresponding zoning district is the I-GEN The acreages included in each of the Land district. Use Guide Plan categories are provided in the Table 3.3. A comparison of the changes Public/Quasi-Public Facilities in land use designation between the existing land use map and the Land Use Guide Plan Public: This category designates land for is shown in Table 3.4. community facilities, municipal buildings and other public use, including city hall, The most significant difference in the Flying Cloud Airport, fire stations, public acreages of existing and guided land use schools, and publicly-owned parks and open categories is seen in the residential land spaces. Government-operated facilities may uses. The Guide Plan shows an additional occur in any zoning district. 1,359 acres of residential land for future residential development. This is mostly due Quasi-Public: This category includes to the land guided for low density residential privately-owned uses that resemble public use, generally in the southwest quadrant of uses such as land held by associations, golf the City. Due to constraints such as steep courses, country clubs, and private schools. slopes, wetlands and floodplain areas, not all of this land is developable. The City's Open Water future development potential is discussed in the Vacant Land Analysis. 3-4 City of Eden Prairie Comprehensive Plan Update tabbies' Table 3.3 City of Eden Land Use Guide Plan,2001-2020 Land Use Type Acres % Total Acres 61. X Residential 7,985.24 35.3% W Low Density Residential 6,391.52 28.28% Low Density 76.23 0.37% Residential/Public/Open Space Medium Density Residential 1,279.04 5.66% Medium Density Residential/Office 31.56 0.13% High Density Residential 206.9 0.91% Commercial 630.52 2.79% Regional Commercial 496.07 2.19% Community Commercial 73.26 0.32% Neighborhood Commercial 61.20 0.27% Office 646.66 2.86% Office 602.81 2.66% Office/Industrial 12.29 0.54% Medium Density Residential/Office 31.56 0.13% Industrial 1,442.70 6.38% Industrial 1430.41 6.33% Office/Industrial 12.29 0.54% Park/Open Space 5,129.79 22.70% Public/Quasi-Public 1459.19 6.46% Church/Cemetery 221.05 0.98% Rural/Vacant 0 0.0% Water 1,926.98 8.53% Right-of-Way 3,151.32 13.95% Total 22,597.54 100 Land Within MUSA 19,796.62 87.6% Land Outside of MUSA 2,800.92 12.4% Source: City of Eden Prairie, 2000 Vacant Land Analysis Utilizing a geographic information system (GIS), the City created a summary of how Much of the increase between year 2000 all the remaining vacant land is guided in the existing land uses and guided land uses for 2001-2020 Land Use Guide Plan. 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City - of Eden Prairie Existing Use Land U Figure 3.1 As of January 1, 2004 Res) N J Low Density it Residential 2.5-10 Units/Acre I Open VVater Cemetery) t 1 Medium sclential 0-2.5 Units/Acre 1 il Semi-Public(Church, I Right-of-Way ---1/1 E Commercial [---i RuralNacant W -7 ._ ... ..... .. __ .,.. _______ Neighborhood Units/Acre [EZ3 High DendseityesRyesidential10-40 1 chanhassan , S 1 I water MA Regional Commercial 1 —1 community Commercialmercial 2,640 •,-te i i office 0 'AM Industrial Feet WU Public Facilities park/open Space 1 I PLO SEMI-PUB EXHIBIT - 1 Cob -1— �• c..ti d q i` 41 m \ 41 T-"s4 1' 1 i M- • • --tekv,---v.....x.....-- -,....-----.-.--:;;.4-- •:,,-----.. .-, .,„--..::. _. - it 1, 'r' ror i IEF: �sr ^w {a `'c5 p'•tl'� •� � ,. /�/ "% O .1 ,mht // �� ir_ 1.�W�- �c \ fix..•-►u11 \, �•rm x/V� .,.:..I/� � _!,:m ` i r. . . ■l�.4*.:4 - ��� ! �i'-..E ili 1`--..c f m,.,to-. .,, rnau .,.e►�� �_ f aq G'�EF,. tI s:dvrt, sr,r... �• '' �, 1�t j.:n, . a iarr \ ...yL•wlml iI i` n�1 a e�4:10,0$�J 4.a .s•I IT *Siy I !4�• za"'c� c•, !+'r- v. 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Y ..loe - AY►`.101/14 4.� : < i tl /iInI A II r..¢tom ,,''-:';:::41„. ,',.„'All: p a '. x Minnesota River III' Cif Y of Eden Prairie Land Use Guide f Plan Map 2001 -2020 r Low Density Residential 0-2.5 Units/Acre ia0.2',It• Regional Commercial Principal Arterial Figure 3.2 ��- Low Density/Public/Open Space Park/Open Space A MinorA Arterial I J Medium Density residential 2.5-10 Units/Acre 1 l Public/Quasi-Public — B Minor Arterial ,,-,-3,,I.I.).14 Medium Density Residential/Office 'A Church/Cemetary Major Collector < High Density Residential 10-40 Units/Acre C Open Water — Minor Collector I 1 Offce 1� Right-Of-Way Office/Industrial Metropolitan Urban Service Line(MUSA) jZT:j office/Public/Open Space Creeks DFTE Approved 03-19-03 EZIIndustrial Airport Boundary DATE Revised 0l-07AS o z,eao I Neighborhood Commercial Feet i I Community Commercial EXHIBIT 22 (, � -3 1 --0.7. -..velow_prx— -61.1.. ------, .-- -1,L.,v,...„ 4.-- W, �r +y r lust" J /-w !) 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' '4469i 1— 064 ive-....-a--......,../:',4,;,"Artir-f,""--k:/-,:--',.-'-'--.. ..,,,,,,,,,,,„;,,,,,,,,,:,,,„,i+ !...' •-•_ ..__,*°.:,,,,,x1.1-,,,.,,....;-,,,...,,,10.et.. x ill �� Fer��' ��g�4 12D..1, w����� .,shy, i�,.�-;`ry� 4�� r � --°� ~`�a �O.s Gs.F y2 �.tW� 4,�'"�d�r�.'C I 'Rh��'f� CT[w�i f SIM� � i..; �.�'� r.r44r �.+. R' F� , \NRi.-D. ,4.4 4,,,,i,, 1 mi.,,,,,._=41. -.74:77. .,"" IMP' twosii .417,....40,71.:1 r �vr.-..c'—mow '. ry.� . 7-..:::::. /KC:— �_ = . V`w p i'iyy+y �j Iffr l •w �I i" ! �F' ma's"'yP ��E 3 - �%'7. t gki,..,,..ii-'..11,ireip,...-.Lit inifrim. y—:-.15.7z_,_ •1:1-..,_ milio _ NE NE ^ ��NE '7e �,t NE c ,:j jam= ,1"1 k City of Eden Prairie Zoning Map --'Rural ona Famlly-'0 aOre min. )Induotaal Pork-2Acre Min. Shoreland Management Classifications lRta4 one Famlly 44,06o r n l d e IaIP. Min. Natural Environment Waters Figure 3.3 �Ri-z2 One raery CEO sr min ®General se ,al-saareMla Recreational Development Waters l I R1-13.5 Dec ramlly-13,5EO sf mla. I I Pahlia {a'p] General Development Waters(Creeks Only) R1-5.e One Far,g1 e 530 r n. Y ter V/A 100- Year Floodplain IL 'I RM-6.5 Mult Famlly-5 7 U A.max. (. 1 Right-e-Way ®RM-2.5 Mu a-Famlly-17.4 U.P.A.max.l —1 Chanhassen City limits Y W I I Office N Highway#312 West of County Road#4 is proposed,not constructed at this time t t�F I 1 Re b no d C ercal Up dated through Ordinance#32-2004 '► ;, �, c r,nuy Con-memo! Ordinance#33-2001(BFI Addition)approved,but not shown on this map edition a cm 5i. Hgr,ay commem al Date:December 31,2D04 Regional service Ca.mmercial aereecp Secremorabexoninpdmalrn,l see,,rzonlne'"l�u Ordinenc. ®Regional Commercial 0 2,640 5,260 and omkheaieo,dassdone„o.r,'.emeaor,Pr.m.cm c.merwm Pr..en. Feet tabbies' City of Eden Prairie Comprehensive Plan Update The City's p Iposed Land Use Guide Plan development. This includes unbuildable k guides the mai ,rity of existing vacant land acreage such as wetlands, floodplains, and for residential se. Table 3.6 shows the steep slopes. An approximate density has potential residen al land availability based been assigned to each Land Use Guide Plan on the existing an, guided land use values. category, based on the corresponding zoning The remaining gui s -d land use acreage has districts, to determine the number of been converted to a remaining developable potential new housing units. acreage by eliminat g land restricted for Table 3.5 Vacant Acreage by Guided Land Use Guided Acres and Use Category From Vacant Land Low Density R=.idential 1059.61 Medium Density"esidential 105.45 Medium Density `esidential/Industrial/Office 63.13 High Density Residential 57.17 Regional Commerci. 83.83 Neighborhood Co . i -rcial 15.36 Office 73.40 Office/Industrial 105.29 Industrial 79.02 Park/Open Space 235.50 Total (existing vacant acr• 1,877.76 Sour•-: City of Eden Prairie, 2000 Table 3.6 Table 6 (Revised 07-06-01) Residential and Availability,2001 Rei •ining Remaining Potential Existing Guided Gu m ed Developable Approximate Units Land Use Acres Acres Ac •s Acres' Density (Net) (Gross) Low Density 2.5 Residential 5,275.51 6,467.75 1,1•`.24 751.11 Units/Acre 1,878 -2,881 Medium Density 6.7 Residential/etc. 1,195.55 1,310.60 115.15 72.48 Units/Acre 486 - 771 High Density 17.4 Residential 154.70 206.90 52.2. 32.89 Units/Acre 572 -908 Total 6,625.76 7,985.25 1,359.49 856.48 n/a 2,936—4,560 Source: City of Eden Prairie Dept. of Is enmity Development,2001 1City Staff estimates 37%of the total remaining land is res cted by topography. the City's land use planning goals. The Relationship to Zoning Land Use Guide Plan densities and The future land use designations work classifications are a general guide, while the jointly with zoning designations to further zoning standards govern actual development 3-7 tabbies' City of Eden Prairie Comprehensive Plan Update practice. As seen by comparing Figures 3.2 features inc 1 ded open space systems that (the Guide Plan Map) and 3.3 (the Zoning not only cre ted a potential amenity to the qw Map), there are differences between zoning MCA, but so served and benefited ther.)I classifications and guided land use. The entire comm ,•ty. City will continue to bring the zoning map into conformance with the Guide Plan as The Major Ce 1 ter Area was carefully and future projects are reviewed. comprehensivel planned to ensure its functional an, operational success, 3.3 SPEC • ISSUE AREAS including that o the transportation system that serves and upports it. Through the As Eden Prairi- .pproaches full PUD process, the ity adopted the following objectives for the 'i CA: development, the ity is focusing on the redevelopment of certain areas throughout • Integrate retai land uses within a the City. Thes a specific areas where relatively comp. ct area, blended with development is ex9-cted to occur are the high density resic-ntial uses. Major Center Area, e Marketcenter Area, • Plan for transit . id pedestrian systems the Golden Triangle • ea and the Southwest within the MCA a,• ecting to the rest of Quadrant, shown on Fi re 3.4. the City • Provide a variety o ousing types within MAJOR CENTER AREA the MCA • Recognize and pr „erve the natural The core area of the Cit is known as the amenities in and adja•-nt to the MCA Major Center Area (MCA) located around • Adopt implementatio strategies that are the interchange of I-494 an• US Highways both politically . :• economically 169 and 212. The area is gen.rally bounded attainable. by Highway 62 on the north,'1 ighway 169 • Develop a transportati.. system within on the east, Anderson Lakes P. ay on the the MCA that connects to the regional South and CSAH 60 (Baker R►ad) on the highway system. west. The MCA was officially -stablished by the City in 1973, when it apt roved the Future development in the Major Center 1,200 acre MCA Planne'' Unit Area will continue to inclu•- commercial, Development, with the primary ° _oal of high intensity office and m ed use land providing a flexible development fr. ework uses, which may include 'gh density for Eden Prairie's "regional dive sified multiple family residential. e City has center," identified by the 1968 Metro,•litan already seen the desire for and •evelopment Council as a "constellation center" here of Senior Housing units in the ajor Center urban growth would occur. Eden P '; rie Area, accomplished through the PUD planned its center area to be economically process. feasible and take advantage of the b 'it environment, while being sensitive to e The City will pursue developme t proposals natural features of the area. that support the new South est Metro Transit Hub in the MCA. The I ansit hub The built environment included existing and ' will both benefit from and spur the planned freeways, thoroughfares, collector development of compact and i edestrian- roads, and public utilities. 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City of Eden pran le I ifications: Eraenial ."- '1 et I a r' d s and ,......LowEiMediumpiOffice/Industrialfighc DeD te Density et yi sinilt;., Industial descr:elsirndin:ili 2.5-10 Units/Acre „ ,.. ., .. „ .. . ,_ ..., . ..,.,, mo Nmghb, nsoRRitYesidential 10-40 Units/Acre i Guided -and Use M. Density Residentt He RD Recreational Development Waters(Creeks Only) ,,,_ Eden Prairie ,rm Low - General Office/Park/Open Space [GD' , girg Park/Open ,ID ., r 1 Wetland m,..- ' mit'cR•opeffing:o:n7litCYD:an7ceemRcseiiradelieanitial/Office Medium Density. .aarkjopn Space Shoreland Management v.v .terstions: . ?\://t4SVR'N.cath.rNvaaYtuCr aalSElrS:.t.irDniMiv:loCplamsesnr5tcaWaters ' ht-of-Way 4250 Feet 1111:3 Church/Uhipobue I tni cc ih WaterQ/UCnesm k ePt ua brYi 1 c 4250 0 wa .. ..—. ... . tabbies* City of Eden Prairie Comprehensive Plan Update m X I Bryant Lake. The Park includes rolling activities and physical education program ao hills, woodlands, wetlands and grassland use. Two additional schools use parkland -i areas. The sand-bottomed Bryant Lake is that is within walking distance for various used for swimming, boating and fishing. active and passive recreational activities. Facilities also include a 3,000 square foot picnic pavilion that seats 150 people, a play Other/Private Recreational Facilities area, boat launch with parking for 20 vehicles with trailers, boat rental facility, Other recreation facilities are available to and sand volleyball area. The park has Eden Prairie residents with one public golf nearly 3 miles of paved hiking/biking trails. course, three private golf courses, and two Although the park is closed between private fitness clubs. The Glen Lake Golf November 1 and March 30, access is and Practice Center is a publicly owned provided for ice fishing during the winter. course that is predominantly located in Minnetonka, but two holes of the executive Hyland-Bush-Anderson Regional Park length course are in Eden Prairie. Bentcreek Reserve: The Suburban Hennepin Regional Golf Club, Bearpath and Olympic Hills are Park District also operates the Hyland-Bush- all private 18-hole golf courses within the Anderson Regional Park Reserve, which City. The two private clubs, Flagship includes land in both Eden Prairie and the Athletic Club and Northwest Athletic Club, City of Bloomington, provides a variety of serve youth, families and adults, offering passive and active uses surrounding the swimming, tennis, racquetball, weight area's chain of lakes. The park reserve training and several other sports. contains 2,565 acres, with 780 acres of in five operating units. The Anderson Lakes PARKS AND RECREATIONAL NEEDS AND Unit in Eden Prairie is 318 acres. The lakes DEMAND ANALYSIS are generally shallow and have extensive vegetative growth along their shoreline Eden Prairie's population growth and providing habitat for waterfowl and development of residential neighborhoods opportunities for canoeing and nature study. has presented the City with challenges in The park reserve's composition is restricted meeting the current needs and projecting to 80 percent passive use and 20 percent future needs of its residents. The City active use, thereby insuring lands adjacent to assessed these needs over a two-year period, the Anderson Lakes Unit will remain in a using accepted park planning standards and state of conservation. Access to the northern studying the results of business and and western lake is restricted to naturalists community forums, internal staff and City and guided canoe trips. Canoes and other Council work sessions, and a community- non-motorized watercraft are permitted in wide survey. The results of the study form the east Anderson Lake Unit located in the basis of the draft 2000 Park and Open Bloomington. Space Plan. Eden Prairie School District #272 Facilities: The community forum and community School District 272 and the City have survey of randomly selected citizens continually worked very closely to provide generated trends, system inadequacies, and the shared provision of recreational services. support for future improvements. The Four of the eight schools in District #272 desired improvements most frequently use parkland for school outdoor athletic mentioned included a community 8-9 EXHIBIT .......-9 1 /() �� I�' II �I�� ✓,enLake r ,k, ------------ Goff!rt.. �,l r � '''.° 4 ors ' erCrd" 'yd � y � " � ( - - il V_ _1=r 11 S„,�k. , ,,lora,. -L "� `S,. j r -�7j0 -'- 1 eat - ,4P �-' .1,V a /_-,-4-..,,-- _i _ n9 ' �`,, I {� \, j...r....„, �9Abe lEden rook - �? ,jt Cons anon - S` es / {�3 ri 117 '' e k;�', eai 2��� �' r* F F F � 111 StJ � ' / c 0 q` r R ..4kT�aa le,,r_n___ J .. ` ' I . Ed ad p E ® f CO a Tz1 1 . Rill_ , to 3 f l : :1 a �,, I IX"' ,� I Li'fri�I1 ) .l ;( �,� �1 n▪ • ' "1o,` W -c`'t t - i l r t E.' .417 - denval� I �_ �s C �i,u onservatl. 88111;f,'-,, ,, 1p 1 ui 1- ,:riii)���._..J-ILL! '� ' !� :I �,p,,. tq1„ Area Te `�'' ,-L11,I 4I `,Ili LL I1Yi Cr eki i. �'a ! a• -i.s' ,{_i ' 1' ,: arse <� C` y�� \e etid, I � c[ as h, Lke 41 Marsh{ \li--, ' 1 (1 i,,,_ . r,,,,..,:,,,_,.. .\\, <,....,,7.,[77,716:134,......7--,07:1,<,-.].,,i,":: L oRseruatlorn , ' '� t a Iiy ol- Area ��, Co-s��t1' ,„\c„.„....„,,..,,:jI,.:1E),.] 1.77,,,,Cp—'7. 1 ,i -_ r- -7,.____„_.,,,,,___:_x_,,,L ...— ------,..._//-., -----._1.,,,-,, ,,,,,i_\__.,,,______ii._,,,-___)__,i ,,,,/,/ \__, T, t, ,-.- -- -,.- -1- • -.4---, z _:__--ii, ____--4--4,------------ [7 V d,-;,,,/,,,,,,,)/7_-1';-, --\,„, -- . ',-,. `'a '�.., l I r P rga I older ron Lake y 1 � �� �'� reek �Rln ' � '._� �� /rrR'7P1d �� ,;J 1. _ t '. _- '- ArNatl .,.. { j� `' / t a ' ;� -,, r ��nsatl _J Lac k t- -1 /� ' j9,9 '� l s � 1. 1�� JI +,•, 1 'J—} = r,,1.I . ' 1 ,* ws r ' ,,�- l l I' .• ate.+..,,. fp. t e ,,--....,A.„_...,-,--,,Ctu,,,,, r,, ,, ,,,„, ,,,, ,,,t,,, ,..„ .„,„.. . ..,„„ , A r -; I �I r tilt' �� I ,� i '1 _( _ I�f�T 1 �C ` �%r ;� Stann9 I.� l p zr,� • /'1 - I I,,l� .Lak0.t .,4 I • - 4 � �jl l9in Cloud a w ;� i _Fields g�r�� _ - I . 1 � t �/ T I. Patenhal h� ' i ▪ rr ark 4 �e ' C tP od i l .fi' , !� rrarr_' � \ III • - L _._ _ I - n' , gJ. I �� ll4„., y n 2 C n 11 aflon yj f ,, , .� z z tc�n l ' ' f -r- `, I� lr I _7 /I-Prairie — \I� _� l� r- r�rg. a -I. n e Prame Bluff i I Richard:I Ariderso � � � i Conservat�o Area'_�r z Conservation j -1 e h `� _ Con a �' ea iBl?ti 69 Low 1 'w�Lake ans. t i� �I n;, � , y ( Wildlife Refu e I I .i " I , I %A' Grua- _ Minnesota Valle NaU al W( ames A on t { _ } aka C afion Are J 1 Park, Open Space Figure 8.2 and Other Recreation Areas ''� '11 Existing Parkland ',' 1 I Golf Course Conservation Area vtiN - I Land Leased for Park Purposes Eden Prairie To be Purchased/Dedicated Prow.. .' 4z5o o �z�o Feet I Open Water a� w obyp:= tabbies' City of Eden Prairie Comprehensive Plan Update CHAPTER 9 IMPLEMENTATION TOOLS --o Chapters 3 through 8 of this document 9.2 OTH N;R IMPLEMENTATION include specific implementation strategies TOOLS for the City to pursue to achieve its desired policies. The next level in a comprehensive In addition to the Zoning and Subdivision plan's implementation strategy is the Ordinances, the City administers plans and development, maintenance and programs intended to implement its goals administration of the ordinances and and policies. Examples of these plans regulations that carry out the goals and include the 1996 Livable Communities policies. The City of Eden Prairie possesses Action Plan, the 1997 Transportation Plan, an established set of ordinances, plans and the 2000 Draft Park and Open Space Plan, programs for implementing the goals and the 1995 Water Supply Plan, and the 1999 policies found in this document. Following Comprehensive Wetland Protection and is a list, and brief description, of the existing Management Plan. Full implementation ordinances, plans and programs. strategies are included in each of these Plans, and referenced in the appropriate chapters of this Comprehensive Plan. 9.1 ZONING AND SUBDIVISION ORDINANCES 9.3 FISCAL TOOLS Chapter 11 of the Eden Prairie City Code is the Zoning Ordinance, which includes The City also uses a variety of fiscal tools standards and regulations for land use, and implementation programs to achieve its environmental protection, tree preservation goals in addition to taxes to implement its and aesthetic character. The Zoning policies. Examples include special Ordinance and Zoning Map will be assessments, tax increment financing, amended, as necessary, to reflect the new special fees and charges, and local, state and policies adopted by the City as a part of this federal assistance from grants such as Comprehensive Plan. federal Community Development Block Grants and Minnesota Housing Finance Chapter 12 of the Eden Prairie City Code is Agency programs. The City also benefits the Subdivision Ordinance. This section from the services and programs provided by describes the procedures, submission Hennepin County and the Metropolitan requirements and design standards for the Council. subdivision and platting of land within the City. It includes regulations for roadway To manage its diverse activities, the City has design, utility installation, drainage, and established several different funds or dedication of parks and open spaces as part accounting entities to manage City finances. of new subdivisions. The following are types of funds used by the City: 9-1 EXHIBIT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 10-2006 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE WELFARE OF THE CITY RESIDENTS; AND TEMPORARILY PROHIBITING ANY NEW USE,PERMIT,CONDITIONAL USE PERMIT, VARIANCE,SUBDIVISION,OR DEVELOPMENT IN AREAS OF THE CITY DESIGNATED IN THE CITY'S COMPREHENSIVE GUIDE PLAN AS PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE AS OF THE EFFECTIVE DATE OF THIS ORDINANCE; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1,WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Section 1. Purpose. The City Council of the City of Eden Prairie has found that certain areas of the City designated by the City's Comprehensive Guide Plan as Public/Quasi Public are designated otherwise by the City's Zoning Code, and that inconsistencies in the uses allowed under the respective designations may exist. The purpose of this Interim Ordinance is to allow time for a study (hereinafter referred to as the "Study") to be completed, prior to new development in the Study Area as defined below, to evaluate whether inconsistencies between the Comprehensive Guide Plan and the City's zoning controls as set forth in City Code Chapter 11 exist and to propose measures to cure any such inconsistencies between the City's Comprehensive Guide Plan and the City's Zoning Code. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4,the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Section 3. Study. Pursuant to Resolution 2006-43 and this Interim Ordinance, the City determines to conduct the Study to investigate if inconsistencies exist between Comprehensive Guide Plan designations of Public/Quasi Public property being used as a golf course as of the Effective Date of this Interim Ordinance and the zoning designation of such properties under Chapter 11 of the City Code and if so, to develop recommendations as to how to cure any such inconsistencies in furtherance of the general health,safety, and welfare of the City and its residents. Section 4. Study Area. This Interim Ordinance shall apply to all properties within the City designated as "Public/Quasi Public" in the Comprehensive Guide Plan which are utilized as a golf course as of the Effective Date of this Interim Ordinance. EXHIBIT I12_7(i •Z Section 5. Interim Ordinance. For a period of twelve months from the Effective Date o t is Interim Ordinance as authorized in Minn. Stat. § 462.355, subd. 4, there shall be no new use, development, construction, or subdivision of property designated as "Public/Quasi Public"in the City's Comprehensive Guide Plan, which is utilized as a golf course as of the Effective Date of this Ordinance. During the twelve month period referred to above, no new building permit applications shall be filed; no building permits shall be issued or approved for new development; no subdivision application shall be filed; no subdivision application shall be approved; no zoning applications, rezoning applications, PUD applications, conditional use permits, or variances shall be filed, issued or approved, unless such was granted prior to the Effective Date of this Ordinance. Section 6. Effective Date. This Interim Ordinance shall become effective immediately upon its passage and publication. Section 7. Exemptions. This interim ordinance shall not apply to the following: A. Building permits for work in the interior or exterior of an existing building B. Land Alteration exempt from the requirements for a Land Alteration Permit pursuant to City Code Section 11.55 Subd. 3, B. Section 8. Enforcement. The City may enforce any provision of this ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Further, City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" is herby adopted in its entirety,by reference,as though repeated verbatim herein. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 21st day of March, 2006, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 21st day of March, 2006. f �IS�%t'-f.L leen Porta, City Clerk N y -Lu PUBLISHED in the Eden Prairie Sun Current on , 2006. 2 . . . EXHIBIT �z •3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE 10-2006 AN INTERIM ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND THE WELFARE OF THE CITY RESIDENTS; AND TEMPORARILY PROHIBITING ANY NEW USE,PERMIT,CONDITIONAL USE PERMIT,VARIANCE, SUBDIVISION, OR DEVELOPMENT IN AREAS OF THE CITY DESIGNATED IN THE CITY'S COMPREHENSIVE GUIDE PLAN AS PUBLIC/QUASI-PUBLIC WHICH ARE USED AS A GOLF COURSE AS OF THE EFFECTIVE DATE OF THIS ORDINANCE; ADOAPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA,ORDAINS: Summary: Pursuant to Minn. Stat. §462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies. This ordinance ordains that for a period of twelve months from the Effective Date of this Interim Ordinance there shall be no new use, development, construction, or subdivision of property designated as "Public/Quasi Public" in the City's Comprehensive Guide Plan which is utilized as a golf course as of the Effective Date of this Ordinance. Effective Date: This Ordinance shall take effect upon publication. ATTEST: X_i 19/.e.Z: - K leen Porta, City Clerk anc a- yor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from the City Clerk.) I. EXHIBIT -75- 810 STAFF REPORT TO: Planning Commission FROM: Michael D. Franzen, City Planner DATE: November 9, 2006 SUBJECT: Amending Chapter 3 Comprehensive Guide Plan to Add Golf Courses as Land Use Amending Chapter 11 of the City Code relative to golf courses APPLICANT/ City of Eden Prairie 1 • ' EXHIBIT -7 S-$to Amending Chapter 3 of the 2002 Comprehensive Guide Plan to Add Golf Courses as Land Use BACKGROUND The purpose of the proposed amendments to the City's comprehensive plan is to specifically reflect golf course land uses. The addition of a golf course land use category in the City's land- use element of its Comprehensive Plan will result in consistency with, and conformity of, the Comprehensive Plan to the historical development, through the PUD process, in the case of Bent Creek Golf Club and Glen Lake Golf Course owned by Hennepin County, and Open-Space Agreements in the case of Olympic Hills Golf Club and Bearpath Golf and Country Club. BENT CREEK GOLF CLUB EDENVALE PUD 70-4. Bent Creek Golf Club, formerly Edenvale Golf Course, lies within the physical confines of the Edenvale Planned Unit Development. Edenvale PUD Application 70-4 was originally submitted to the City on June 16, 1970. The Application was the subject of several Planning Commission and Council meetings which resulted in approval of PUD-70-4 by the Council of the then Village of Eden Prairie on August 25, 1970. The physical area of the PUD is shown in a land-use plan dated July, 1970. The area consists of approximately 1,000 acres of which approximately 115 acres, (later revised by several acres) are devoted to the golf course. A description of the elements and terms of the PUD are contained in the Edenvale Planned Unit Development Concept Stage Application revised August 1, 1970, together with a second supplement dated August 25, 1970. On July 25, 1972 the Council adopted a resolution which amended the planned unit development adopted on August 25, 1970 which provided for realignment of fairways in the Edenvale Golf Course and residential areas adjacent to the golf course, as well as other matters. On June 13, 1972, the Council adopted Resolution No. 527 which gave final approval to the plat of Edenvale Second Addition. The golf course is described in that plat as comprising four parcels: Outlots B, E, H and a part of I of Edenvale Second Addition. In the City's Planning Report dated March 20, 1972, it is stated: "All of the land within the plat is also within the Edenvale PUD and is presently zoned Rural. The blocks and outlots are arranged to accommodate the development pattern established in the PUD Concept Plan. Outlots B, E, H and 1 represent the golf course and have a total area of 106 acres. The PUD Concept Plan indicated that the golf course would be about 115 acres." "The remainder of the plat totals about 151 acres and represents the developable EXHIBIT 75' gb a z portion of the total plat. The PUD Concept Plan anticipates that this developable area would be about 145 acres." The Planning Report recommendation states in part as follows: "The proposed preliminary plat substantially conforms to the Edenvale PUD Concept Plan and in all other respects conforms to village policies and requirements." OWNERSHIP AND VALUES. Eden Land Corporation, the name of which was changed to Edenvale, Inc., conveyed the golf course property to Golfview Investment Co. No. 2 by warranty deed dated April 28, 1978 and filed May 11, 1978. The Certificate of Real Estate Value indicates a purchase price of S875,000. Current taxable market value of the golf course is $2,387,300. It's deferred value is $11,260,000. The deferred value is a value required to be determined by state law so that if the golf course is utilized for other purposes, additional taxes are collected based upon the deferred valuation similar to the Green Acres Law applicable to agricultural land. GUIDE PLAN. The Land-Use Plan contained in the City's current Comprehensive Plan designates Bent Creek Golf Club as "quasi public." The Comprehensive Plan was approved by the Village Council in May 1968. The map, which was approved at that time, depicted the Edenvale Golf Course as quasi-public. The designation as quasi-public for the golf course at Edenvale has remained consistent through the various updates of the Comprehensive Plan. The Plan was updated in 1977, revised in 1978 and 1979. In each instance, the Edenvale Golf Course retained its designation as quasi-public. From 1968 to 1977, the contours of the golf course changed but the designation in the Guide Plan remained the same. Quasi-public is defined in the Comprehensive Plan as a category that includes privately owned uses that resemble public uses such as land held by associations, golf courses, country clubs and private schools. The land uses identified as Quasi-public in the City's various versions of its Comprehensive Plan have never included typical residential, commercial, office or industrial uses. ZONING. Historically, the golf course was in the R-A (Residential Agriculture) and M2 (General Industrial and Manufacturing) Districts pursuant to Ordinance No. 8. Permitted uses in that district included golf courses. It was in the Public or Quasi-Public District pursuant to Ordinance 135 which became effective November 6, 1969. The golf course property currently, and since the adoption of the City Code on September 17, 1982, is situated within the Rural District zone. Permitted uses in the Rural District include agriculture, single family dwellings on not less than ten acres. commercial stables, golf courses, antennas and towers. Permitted uses in the Public District zone include churches, cemeteries, antennas and towers. The City's current ordinance does not include a Quasi-Public District. Under current zoning the property could be used only for those uses permitted in the Rural District which are consistent with the Guide Plan. COMMITMENT TO MAINTAIN GOLF COURSE. In a news release dated June 17, 1970 3 EXHIBIT /5- Blv . y on Eden Land Corp. letterhead, it is stated, among other things, "While the course (referring to the golf course) will remain public and within tree covered walking distance, the course will be completely redesigned to a more spacious 18 holes and a practice range to fit into the surrounding development." In a July 9, 1970 report to the Planning and Zoning Commission from Staff, Brauer & Associates, Inc. it is stated under the caption"Quasi-Public,""The 150 acre golf course is a major quasi-public space. Eden Land Corporation will issue assurance on the golf course which will guarantee its use as recreational land and prohibit its future development as building sites." The supplemental information for Edenvale PUD Application 70-4 dated July 27. 1970 signed by Donald R. Peterson, Executive Vice President, Eden Land Corporation states in section 3 under the caption "Quasi-Public," "Eden Land Corporation will issue assurances on the eighteen hole golf course which will guarantee its use as recreational land so that it will not be developed into building sites." In the minutes of the Eden Prairie Village Council meeting of August 25, 1970, it is stated, "He (referring to Mr. Peterson) also noted that their application stated their commitment to maintain the golf course within the development." Upon completion of the discussion concerning the application for the PUD, the Village Council adopted Resolution No. 362 which gave approval to the Edenvale PUD. The Resolution contains this sentence, "The property would include the Eden Prairie Golf Course." There are other documents in the file in which Eden Land Corporation utilized the existence of the golf course to gain neighborhood acceptance or to enhance its prospects for subsequent City approvals. For example, on January 31, 1972 a letter on Eden Land Corp. letterhead, addressed to "Dear Neighbor," signed by Donald R. Peterson, President, Eden Land Corporation, states "We hope this new golf course adjacent to your homes will give you pleasant scenery, and we feel it will greatly enhance the value of your land, as well as ours. Later in the year, on July 25, 1972, Eden Land Corporation was granted its request to amend PUD 70-4. In another letter on Eden Land Corp. letterhead dated September 6, 1973, Mr. Peterson states"We have invested over$1 million in our golf course to provide an amenity which will serve the community and will enhance the value of adjacent property." This letter was issued in connection with a request for approval of an adjacent development. SPECIAL ASSESSMENTS, Assessments have been levied against golf course properties in 1974 and 1988. The 1974 assessments include trunk sewer and water levied against the club house parcel only, consisting of 8/10 of an acre in the amount of $1,300. Records indicate that sewer and water were assessed against several golf course properties in 1974 but those assessments were rescinded in the same year. It appears, therefore, that there were no sewer and water assessments against golf course properties other than the club house parcel. Assessments in 1974 included the improvement of Mitchell/Baker Road and a part of Valley View Road. Two of the golf course properties were assessed on the basis of$25 per front foot for that improvement. Reconstruction of available records reflects an assessment at the same rate of all of the properties fronting on the improved streets. In 1988, three Bent Creek golf course parcels were assessed for improvements to Valley View Road. These are discussed in the February 1985 Feasibility Report. The report indicates that the assessments were levied at the rate of$33 per front foot for single-family residential property; multi-family residential property was assessed at $70.60 per front foot and the golf course property at $66.70 per front foot. The Feasibility Report contains a spread sheet which indicates 4 EXHIBIT g the amounts of the assessments against various properties assessed including those of the golf course. The assessment with regard to Outlot E, Edenvale Second Addition (one of the golf course properties) has a notation that the assessment for the street improvement was $33,366 plus one half of the cost of an underpass in the amount of $89,843.76 resulting in a total assessment of$124,113. It also contains a figure of$18,325.20 which when added to the above two numbers would result in $141,534.96. The latter number is crossed out and the $124,133 is retained (and is the amount assessed). A letter to Eugene A. Dietz dated March 20, 1985 from Samuel H. Hertogs confirms that the owner of the golf course desires an underpass and acknowledges the owner will be assessed for its cost. It should be further noted that only those parcels of the golf course which had frontage on Valley View Road were assessed for the 1988 improvement. Other golf course parcels were not assessed for that improvement. OLYMPIC HILLS In March, 1981 the owners of Olympic Hills entered into an "Open Space Agreement" with the City in which the owners granted an Open Space Easement to the City. The Open Space Agreement provides that the Open Space Area "shall be preserved predominantly in its natural condition and imposed certain other restrictions upon its use" except "to the extent compatible with the reasonable use of the Open Space Area as a golf course and country club by Olympic Hills. BEARPATH GOLF AND COUNTRY CLUB In October, 1993 the owner of Bearpath entered into an Open Space Easement Agreement with the City whereby the owner granted to the City an easement on and over the Open Space Area which requires the preservation of the Open Space predominantly in its natural condition and imposed other restrictions except the "reasonable use of the Open Space Area as a golf course and country club by Bearpath. The terms golf course and country club are defined as including eighteen golf holes, practice range, practice greens and sand traps, tennis courts, club house and restaurant, swimming pool, maintenance buildings, cart-storage buildings, pump house and well, proshop, shelter houses, cart paths, irrigation facilities, outside storage of maintenance equipment, and such other facilities as may be reasonably associated with a golf course and country club from time to time. Both Olympic Hills and Bearpath Golf Courses have been described as quasi-public facilities in the City's Comprehensive Plan. GLEN LAKE GOLF AND PRACTICE CENTER In 1991, the State of Minnesota relinquished a lease with Hennepin County on the Oak 5 LJEXHIBIT Terrace/Glen Lake Sanitarium facility located near the intersection of County Road 4 and County Road 62 in Minnetonka and Eden Prairie. As a result, the Hennepin County Board created the Glen Lake Task Force to evaluate the development potential of this property. The task force considered housing, commercial, and a golf course as potential land uses. The task force recommended development of a public golf course. Hennepin County agreed to construct this golf course on the 75 acre parcel that lies in both Minnetonka and Eden Prairie. The sanitarium facilities were demolished in 1993. The Eden Prairie portion of the property is guided as Hennepin County and Public Open Space. The property is zoned Public. Holes 8 and 9 and the golf course maintenance building are situated on the Eden Prairie side of the property. A golf course is a permitted use as a golf course because it is owned by a governmental unit. PROPOSED GUIDE PLAN TEXT AMENDMENT Chapter 3 is the Land Use Element of the 2002 Comprehensive Guide Plan. This chapter includes a land use inventory, a description of future land uses, vacant land analysis, special uses, historic preservation, a vacant land map, an existing land use map, and a proposed land use map. Section 3.2 contains a list and description of land use categories, including residential, commercial, industrial,public/quasi public, open water, and right of way. The proposed text amendment to section 3.2 is to add golf course as a land use category. The proposed text shall read as follows. Golf course: The terms "golf course" includes the construction and maintenance of golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. It is further proposed to amend Chapter 3, including but not limited to, Tables 3.3,3.4, and 3.5, and figure 3.2 to reflect that golf courses are within the Golf Course land use category. The text amendment also includes changing the definition of quasi-public to delete the reference to golf course and country clubs. The proposed text shall read as follows: Quasi-Public: This category includes privately-owned uses that resemble public uses such as land held by associations and private schools. All of the above amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. 6 EXHIBIT 9 ls-gb Amending Chapter 11 of the City Code relative to golf courses The proposed text amendments are related to creating a zoning district called Golf Course. This district and other amendments relative to golf course would be applicable to Bent Creek, Glen Lake Golf Course, Bearpath, and Olympic Hills following public hearings for rezoning. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE -2006 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.03, SUED. 1. A., SUBD. 2. B.,TABLES 4 AND 5, SUBD. 3. H. 4., AND SECTION 11.10, SUBD. 2, ADDING SECTION 11.36 AND AMENDING SECTION 11.70, SUBD. 4. RELATING TO THE ESTABLISHMENT OF A GOLF COURSE DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTIONS 2.99 AND 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. City Code Section 11.03, Subd. 1. A. is amended by adding to the table at the end of the column entitled, "District Title" the words "Golf Course" and at the end of the column entitled, "Abbreviation," the letters "GC." Section 2. City Code Section 11.03, Subd. 2. B., Tables 4 and 5 are amended as shown in Exhibits 1 and 2 attached hereto. Section 3. City Code Section 11.03, Subd. 3. H. 4. is amended by adding to the table at the end of the column entitled "District Land Uses" the following: "h. Golf Course" and at the end of the column entitled "Off-Street Parking Space Requirements" the following: "1/3 seats in the clubhouse plus 72 spaces." Section 4. City Code Section 11.10, Subd. 2 is amended by deleting item "F. Golf Courses." and changing item "G."to"F." Section 5. City Code Chapter 11 is amended by adding Section 11.36 as follows: SECTION 11.36 GC-Golf Course. Subd. 1. Purposes. The purpose of the GC-Golf Course District is to specify a land use district applicable and consistent with the historical and contractual development and use of the City's golf courses. Subd. 2. Permitted Uses. A. The Construction and maintenance of golf holes, practice ranges and 7 EXHIBIT I /S- 8ti 3 greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. The term "golf course" does not include permanent or temporary residential use or transient hotel use. Section 6. City Code Section 11.70, subd. 4 is amended by adding "G. Golf Course District" as follows: G. Golf Course District. 1. Free-standing Signs: (a) One sign per street frontage is allowed provided the total area of such sign shall not exceed 50 square feet. (b) Setback: No sign shall be placed closer than 10 feet to any street right-of-way. (c) Height: Maximum height of free-standing signs shall not exceed 8 feet. (d) Sign Base: (Refer to Sub. 3, paragraph DD). 7. Wall Signs: One sign per building not to exceed 24 square feet in area. Where a building is located on a corner lot, one sign may be located on each wall facing a street provided one does not exceed 24 square feet and the other does not exceed 18 square feet. All walls signs shall be uniform in design. 3. Temporary Signs: Temporary signs shall be permitted for a period not to exceed ten days. Such signs shall be not higher than 8 feet and not larger than 32 square feet. Section 7. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Sections 2.99 and 11.99, entitled "Violation a Misdemeanor" are herby adopted in their entirety, by reference, as though repeated verbatim herein FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the day of , 2006 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ________ day of 2006. Kathleen Porta, City Clerk Nancy Tyra-Lukens, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2006. 8 • EXHIBIT I 7S- gb EXHIBIT 1 - TABLE 4 OFFICE/ MINIMUM LOT SIZE MINIMUM YARD- COMMERCIAL/ SETBACK INDUSTRIAL! ' HEIGHT OF GOLF j SITE AREA MAX. MAXIMUM MAIN Ij COURSE Area One Both PER FLOOR BASE STRUCTURE DISTRICTS S.F.of Width Depth Front Side Sides Rear DWELLING AREA AREA (FT.) ji Acres Ft. Ft. Ft. Ft. 1 Ft. Ft. UNIT SQ. RATIO RATIO FT.OR (FAR) (BAR)* ACRES OFC 20,000 100 100 35 20 50 20 Dwelling 0.3 - I 0.3 30 Not Story Permitted 0.5- Multi Story N-COM 2 acres 200 200 35 20 40 10 Dwelling 0 2- I 0.2 30 Not Story Permitted 0.4- Multi Story C-COM 5 acres , 300 300 35 20 40 10 Dwelling 0.2- 1 0.2 30 Not Story Permitted 0.4- Multi Story C-HWY 20,000 100 130 35 20 40 10 Dwelling 0.3- I 0.3 40 Not Story Permitted 0.4- Multi Story C-REG-SER 10,000 80 100 35 20 40 10 Dwelling 0.2- 1 0.2 40 Not Story Permitted 0.4- Multi Story GC 50Aeres 100 300 35 20 10 Dwelling 0.3-1 0.3 30 40 Not Story Permitted 0.5- Multi ( Story 9 EXHIBIT 2 7S n ' 10 EXHIBIT 2-TABLE 5 i ACCESSORY STRUCTURES MAX_ OFFICE/ FLOOR TOTAL COMMERCIAIJ MIN. MAX. AREA FLOOR INDUSTRIAL/ OFF- SCREENING ZONE ZONE PRIMARY Min. Min. AND AREA GOLF COURSE Maximum Dist. Dist. STREET AREA AREA USE (SQ. DISTRICTS LOADING LANDSCAPING (ACRES) (ACRES) Height to to (SQ.FT.) FT.) I Side Rear Lot Lot Line 1 Line 1 OFC 13 10 10 YES YES N/A N/A N/A N/A N-COM 15 10 10 YES YES 2 15 20,000 50,000 C-COIvI 15 20 10 YES YES 5 20 30,000 200,000 I C-HWY 40 20 10 YES YES 5 20 20,000 100.000 C-REG-SEE 40 20 10 YES YES 10 N/A N/A NIA C-REG 40 50 50 YES YES 60 N/A N/A N/A 1-2 PARK 40 20 25 YES YES 40 N/A N/A N/A 1 _ i-5 PARK 40 20 25 YES YES 40 N/A N/A N/A 1-GEN 40 20 50 YES YES 80 N/A N/A N/A PUB 30 30 30 YES YES N/A N/A N/A N/A GC 30 30 30 YES YES N/A N/A N/A N/A 10 EXHIBIT I 7i, STAFF RECOMMENDATION Staff recommends approval of the following. • An amendment to Chapter three adding the following text: Golf course: The terms "golf course" includes the construction and maintenance of golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings, pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. • Amendments Chapter 3, including but not limited to, Tables 3.3,3.4, and 3.5, and figure 1 3.2 to reflect that golf courses are within the Golf Course Iand use category and redefining quasi —pubic as " privately-owned uses that resemble public uses such as land held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. • An ordinance of the City of Eden Prairie Minnesota amending City Code chapter 11, Sections 11.03, Subd 1.A, Subd. 2.B., tables 4 and 5, Subd, 3.3.H.4.,adding section 11.36 and amending Section 11.70, Subd 4. relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99, which among other things contain penalty provisions. 11 EXHIBIT a V V Map of Golf Courses Located in Eden Prairie I �f_. j�115INT,(ILIf tF"�,1s I + ' � ' A 7j f� k big ; 'tT{ 7 y Glen Lake Golf Course_ ,� l5?.f wly;;��,, A ;nn r t) �'�fi�n�'1- t Jlf 11 t illat i�4 :�_:. -l��l '���:.li�,��, � /•f_��;x1.�� J f, t, ,, ��1,. 0 ��• t r���() 1,:1:4,::',",:1,4, ,.- r 4 1 �{:_`�,.�,-�1�, f 4 s�i •. 7 � it LT (� l �(.{ 1 q••• zt fl'i rT`" , u/�f{c ' s �11 r1 f {> JF 4 : - tr; li f' ( rri� 'l, eq.lt.ig:' c r 1 t 8j 1L•Y>T `�'t r -1 4 l S. r a E tJ •�"�q/o t_.y( s f! Tf_u �il 1 ,,Ip. `i 1r,rt,l: r 1 _fit, ") �li`.�7'' � `7f:�'. 5 ,,t1 ,C , J •!�YW 1 l7t"r' t L R;:WY"_'t3..A fsl'��� 1 - ]� ' r J i�-� . rrl Bent Greek Golf Course � � h�L 2 ' � � - '1 1 tea ...t.i-,7 ;(,�{�, l -4,:o 1� u',,� 3zl Rya/ t 4,�l h r� l it�i'r afg).' - s_I `,tl, ��`�S t{�RiuS; ���j�,,w�.--� L=� c�J jti 7�,((k"r', �,� Y,l i� �i' r��'�spy y ��__�� � _ Sr,,,,,„ �•i•.'G"1 jnt.,.lr,4 r J.1' H t e� AfX t1 (7.1'ft 1 ��I 7 • Fir '�'S' t r i,�i �, � • S Fttz�i lf'g(` q'+5�•,r�I,'� ` .�,.L=.� � C 'Y"a(" / /L t� t I { }�.a?, �`"s ,t f, lc'{'(LA I,�]}11111 �q // J (,..{ A,,- < 1" t � 1 i Y rL LJ C;' � -LJ41,1, F- t FL"4G-> k,[`L ;r' P j l7 --`�4- j ` i7 ?.y �L� r; tt��� l '' t�� �js Y.._l�l 1 I1., I �1 /r {1 �� 1r ( G' Nr_A tt x }Ifi' � �1P' 3[iLr�-,,L- L i.I� t 1 ! 1�! r��1C�- t:5t, t L CI ,_, .., 'ma } `� 5 — , t(10� { :. y „`U r,, '/ '` , -1 l _--,. t .,.• �1 -t I } F}�li f[E� ,,_ , j �i, V'3if'+1 \ ` r �� �, 7 r�, i x T' (il��� - c'---1‘', ..7 - , -�/�� /� I' _�� t�n' , . .-:-/. .1' i:r' ,�,th�ts r 7i i .'lli� -�� r ��J P • �''En‘�r ,3ile'Sj � (fit'V / 2 >- z�13f 1�j,-�"2 � fir � Diu � u '}fi , ti st `� v , , Nr it sw� l y � Y r ? : d 4 � �'{� � � h� it �;ri � �.. ' )r, ���>_�,��1�i1 c s-6 adz�� (�' �h;4 r�r _ � �i�<3� r �, ���� . •A1, ,. Bear path Golf Course it `, rfac. ��1 �'),)#et,� 4 - —j -- -,...6 p [ + i.g... '\ -.- . ) oe;?... ,i,.,,,,,,,;..„4,,a.:10--,-..,,_,, A..-.1▪-_,,4- Olympic Hills Golf Course t 4,j \,;./ oalF-rt-',1,1 ,,l)pril -'''4.-c0/A,- ,Ii. ,i4i-jtic, . . , t'" 1101;iri, — . . (i..ti ltt[�'y/ �=6�r 1k�f�` r7� l�a�' �, �, , �1 r � -- '}j�.,+y�/.\,,.;7 1 741. tp . '� •(r� _K.4 t' ,Y�'} l'{':lkltl>('ir'�i',...t1 t 1' �—`�I ^?e'-<•.,„ -i"-1,,d ��Ci��S �it r .- .i,-Vji, q t�. J .11 , ,i',,, ity,,,,, 1\ 7' ' . ' ‘\,_:_. il,ii ,..,11.,. _ w .,., 4,..,.?_.,...;11,0 ,i.,i,,,i..14'pl,lfNij.;;i.,,,,.wo< ,,,,e,,:t,1..Li11.7.4'q'tUki4, -17,1 ,,,,,T'\..''‘'."1.1 it---;t1Nt.,_'*7j74.31 ,y74jj', . .: . _ .' :: :: 1,/...‘-- -, ,,j.., t.,.1, .-- ks, 1_,;"1., :, ,,-1, 041 ,- , . ... tnl} r I _r i'� j i y�� ._ `/ j rl i f ` � t 1oF q1y �J t � LI J 1 ��• I>. •r LZ`iv t i3[ r' mar .111,�1 _yt� ,k. ),___„„... i ,'x., . 1_.._ (., tJ 4.— -..r ��-f ° '�¢ }hY,h i!�' $ M1 �" tY � �/ / 1 7iL1 ! \ �' -- No Scale EXHIBIT Y � PLANNING REPORT DATE: March 20, 1972 PROJECT: Edenvale Second Addition APPLICANT: Eden Land Corporation LOCATION: Edenvale REQUEST: Preliminary Plat Approval REFER TO: Plat Dated February, 1972 COMMENT: The proposed preliminary plat encompasses about 257 acres of land situated north of Purgatory Creek, east of the C&N.W. Railroad, and west of Mitchell Road, Prairie Shores and Kings Forest subdivisions. The purpose of the plat is to permit the land to be torrenced and to deliniate the golf course boundary. All of the land within the plat is also within the Edenvale PUD and is presently zoned Rural . The blocks and outlots are arranged to accommodate the development pattern established in the PUD Concept Plan. Outlots B, E, H and I represent the golf course and have a total area of 106 acres. The PUD Concept Plan indicated that the golf course would be about 115 acres. The remainder of the plat totals about 151 acres and represents the developable portion of the total plat. The PUD Concept Plan anticipated that this developable area would be about 145 acres. The plat provides the 100 feet of right-of-way needed for the relocation and upgrading of Valley View Road. We have asked that the location of the Valley View Road right-of-way near the railroad underpass be adjusted to accommodate the present location of the road. At the time the new railroad underpass is designed some further realignment may be necessary. The plat also provides the 100 feet of right-of-way needed for the Baker-Mitchell Road construction. Before development can occur on any of the lots or outlots they will need to be rezoned and in some instances further subdivided. EXHIBIT a Planning Report Edenvale Second Addition Page 2 RECOMMENDATION: The proposed preliminary plat substantially conforms to the Edenvale PUD Concept Plan and in all other respects conforms to Village policies and requirements. Eden Land Corporation should agree in writing to relocate the Valley View Road right-of-way near the railroad if the future design for the underpass requires such a change. With such an understanding we would recommend approval of the proposed preliminary plat of Edenvale Second Addition. GCH EXHIBIT g7 4 % Planning Commission Minutes November 13, 2006 Page 2 VI. PUBLIC HEARINGS A. AMEND CHAPTER 3 COMPREHENSIVE GUIDE PLAN TO ADD GOLF COURSES AS A LAND USE & AMEND CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES Franzen presented the amendment. He stated back in March of this year the City Council addressed the City requesting they look at amending the City Code. On page 11 of the staff report are the Staff recommendations. They are as followed: l. An amendment to Chapter 3, adding the following text: Golf course: The terms "golf course" includes the construction and maintenance of golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings,pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. 2. Amendments Chapter 3, including but not limited to, Tables 3.3, 3.4, and 3.5. and figure 3.2 to reflect the golf courses are within the Golf Course land use category and redefining quasi-public as"privately-owned uses resemble public uses such as land held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills gold courses. 3. An ordinance of the City of Eden Prairie, Minnesota, amending City Code, Chapter 11, Sections 11.03, Subd. 1.A, Subd. 2.B., tables 4 and 5, Subd., 3.3.H4., adding section 11.36 and amending Section 11.70, Subd. 4, relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99, which among other things contain penalty provisions. Franzen stated the change would be for all of the golf courses in Eden Prairie. Powell asked Franzen why we would limit this to golf courses. He said instead of calling it"golf course" call it, "outdoor recreation". Outdoor recreation would include such things as lawn bowling and horseback riding. Franzen stated "golf course" was just addressed because that was what was asked to be addressed by the City Council. He also pointed out in the future the guide plan could be changed to address outdoor recreation issues. Ric Rosow, Eden Prairie City Attorney, agreed with Franzen and stated at this time we should address golf courses as "golf courses" and in the future the guide plan could he changed to include outdoor recreation with these areas. EXHIBIT 87 4 $T Planning Commission Minutes November 13, 2006 Page 3 Stoelting asked Franzen if proper notification went out to all of the residents. Franzen stated proper notification did go out. He pointed out the minimum requirement is 500 feet from the area and the City went 1,000 feet from the area, and also posted it in the newspaper and on the City's website. Stoelting opened the meeting up for public input. Howard Roston, attorney representing Sam Hertogs, owner of the Bent Creek Golf Course, stated they are in opposition of this amendment. He presented Chair Stoelting with official documents. They include: 1. Letter from Mr. Hertogs. 2. Letter from some of the other owners. 3. Affidavit from his law partner. 4. Letter from the law firm presenting their issues. 5. Information from DSU. 6. Information from appraisal company Mr. Roston stated on behalf of Mr. Hertogs, they are requesting the Planning Commission delay action on this matter. Mr. Roston stated the first issued he would like to address this evening is the timing of this matter. He pointed out there are 530 acres are subject to this amendment and they have not had adequate time to get the appraiser out and address this issue. They are requesting a 30 day delay so they can analyze how this amendment change will affect Mr. Hertogs. Mr. Roston said they would also like to see action on this amendment delayed until they can see the decision made by the Supreme Court on the case of Weinsman vs. City of Eagan. He stated in this particular case, the landowners are arguing action by the City was inappropriate. Mr. Roston also talked about the status to title of the Bent Creek Property. He stated the majority of property is Torrens and when looking at the title to Bent Creek there is a lack of recorded restrictions to this property. Secondly, he addressed the City's historical zoning and comprehensive plan. Mr. Roston added had the owner looked at the zoning ordinance there would have been a designation of one unit per ten acres had he wanted to develop the property assuming the golf course is no longer commercially viable which it is not. He pointed out there is no limitation for something labeled "quasi-public". Mr. Roston stated limiting the use of this land to just"golf course"would not be very conducive to Mr. Hertogs. Mr. Hertogs is contemplating selling his property and feels by labeling this piece of land as "golf course"would limit his selling potential. EXHIBIT �7 4gg a Planning Commission Minutes 3 November 13, 2006 Page 4 Mr. Roston said Shennah Appraising did some quick appraising of this land and the figures are devastating. He added in Mr. letter it states the golf course is no longer economically viable use as a golf course,but would be would keep it open for a year but it is not economically viable and is not going to continued to lose money on the golf course forever. Mr. Roston feels is should not be a function of the government to label land, such as "golf courses". He stated he feels it is unconstitutional for several different reasons. He stated the Minnesota Supreme Court ruled on the Mendota Heights decision stating there was an inconsistency with the comprehensive plan and because of this the Mendota Heights Planning Commission and City Council are negotiating a change with the developers. Mr. Roston would like to ask the Planning Commission to deny the recommendations by City Staff. Marilyn Michales, attorney working with Sam Hertogs, gave some history about Mr. Hertogs. She stated Mr. Hertogs is 81 years old. His partner to the golf course passed away and currently the Bent Creek Golf Course is losing money. She pointed out in March of 2005, she started working with the City and Mr. Franzen and Mr. Rosow because she stated the golf course cannot continue operating and they would like to come to a resolution to this problem. She stated coming to a resolution now would eliminate three to five years of litigation. Ms. Michales stated if the ordinance is passed in its present form, there will be legal action by Mr. Hertogs. She also said she was surprised the first notice was given on October 31 s`to Mr. Hertogs. Ms. Michales stated she realizes the residents in this area want open space, but they need time to work on a resolution. She understands the comprehensive plan and zoning need to be realigned, but feels is does not have to be done tonight or in the near future. John Shardlow,planning consultant, stated he has written zoning plans in the past and also teaches zoning classes. He believes by limiting this piece of land to a single use is unprecedented. He pointed out in this area, there is an average of one golf course is closing every month. He concluded by saying he feels the City and Bent Creek Golf Course should come up with a resolution to this issue. Steve Chelesnik, of 7269 Howard Lane, stated he volunteered as a spokesperson tonight to express the opinion of the residents. He stated in looking at this issue from the point of view of the adjacent landowners, they would like to see the amendment passed. He said the neighbors have purchased homes in the area under the promise this land would always be a golf course. He pointed out the owner could get 16 to 18 million for this land if it could be built on. He would like to see the promises honored to the community, regardless if Mr. Hertogs said he was unaware of any promises. He also said because the attorneys threatened the City with litigation, he feels the amendment should still be passed. Starr Bourguewyland, of 14267 Wedgeway Court, had one comment on permitted uses. He said he would like to see the owner have permitted uses, like cross EXHIBIT 4tr Planning Commission Minutes November 13, 2006 Page 5 country skiing in the winter; which would be a source of income for the golf course. Otto Teiken, who has lived off of the 7th hole of Bent Creek for the past 32 years, stated he paid$5,000 more for the position of his house. He believes the recommendation should go forward. Wilson Bryce, of 14418 Fairway Drive, is an architect and is sensitive to the aesthetics in the community. He stated if this property were to be sold and redeveloped he would lose money on his property if he ever chose to sell it. Gary Everett, said he is a long term resident of Eden Prairie and has seen many changes to the City. He said he feels the City should either purchase the property or work with the owner of the Bent Creek Golf Course to come up with a resolution. Dan Miller, of 7055 Howard Lane, stated he supports the comments of Steve Chelesnik. He said when the original developer wanted to create the PUD, there were some restrictions for open space to development. Now, 30 years later, it appears the owner does not seem to want to uphold the promise. Mr. Miller feels the owners of the Bent Creek Golf Course should have to uphold their promise and he would like to see the City pass this amendment. John Brill, of 7384 Moonlight Lane, made a comment he is concerned with the southwest quadrant of Bent Creek. He said this area floods a few times a year and he is concerned with the fertilization coming through Bent Creek. Rick Dorsey, of 14214 Green View Court, stated he feels the land should not be developed in accordance with the PUD. He also believes if the owners were to sell this piece of property they would make more money on it than what they bought it for. He would also like to see the environmental issues addressed before any type of changes would be made. He stated if the property was to be sold and developed on, this would lower the property value of homes around the area and they would also be burden with construction for the next few years. Victoria Rolf, a homeowner who lives on Bent Creek Court, stated what she has heard tonight was the owner wanted the passing of this amendment stalled for awhile to create a "win-win" situation for both the owner and homeowners. She stated she would like to know what the"win-win" situation would be. She said she is also concerned with the wildlife in the area and how it would be impacted with potential construction. Nancy Manderfeld, of 13600 Brook Lane, stated she understands Eden Prairie is 94.5% built and would like to know when enough is enough. She believes a simple resolution for the owner would be to sell the land. EXHIBIT 8? 415g Planning Commission Minutes November 13, 2006 Page 6 Mr. Roston, stated he would like to address two issues. He said he heard several references in regards to selling the property. He said they have looked into and have not found any potential buyers. He also said they have not read any historical documents would indicate this land he used for open space. Stoelting reiterated the issues were brought forward tonight. They are as follows: 1. Mr. Hertogs is requesting a postponement of the decision tonight. 2. The status of the title—lack of record. 3. Issues with the PUD. 4. The question of the property owner not knowing the restrictions when he purchased the property. 5. Rural designation. 6. The use of property for uses other than open space. 7. Commitments to the community. 8. Land owners adjacent to the property and declining property values if the land were to be developed. 9. Concept of the City purchasing property. 10. Environmental issues. 1 1. How will the zoning issues today affect the PUD. 12. The issue of timing in relationship to this amendment. Ric Rosow addressed the issue of the Planning Commission waiting on a decision. He stated as a Planning Commission, the members are not vested with the authority to extend the moritorium,but rather they are to make recommendations to the City Council. If the Planning Commission feels this decision should be delayed then would be a recommendation brought before the City Council. Mr. Rosow said as far as the issue of the status of the title,he has not had the benefit to look through their title research. In regards to the issue of Torrens property, it is subject to zoning ordinances. He also said there were previous commitments made in the original PUD. Franzen stated in regards to the land owners are adjacent to the property and the impact on property values, he stated numerous factors have to be considered for the property value to be lowered, and it would not just involve construction of adjacent property. Mr. Rosow stated to the Commission it cannot base its recommendation on unsupported statements made by residents that the development would have a negative impact on the neighboring land owners. He said in regards to the City purchasing the property, would be up to the decision of the City Council. Mr. Rosow said as far as the environmental issues, if the land were to be developed, there would have to be numerous environmental issues to be met. Franzen stated all properties are subject to numerous environmental ordinances. Mr. Rosow said in regards to PUD, the zoning of the property changing to golf course would be consistent with the PUD. Planning Commission Minutes November 13, 2006 EXHIBIT $7 4 CS' Page 7 Kirk asked Mr. Rosow about the Weinsman ruling and what its impact would do. Mr. Rosow said he is totally aware of the case, and if there was a decision made on it prior to a City Council decision, he would look at it,but he feels the Commission should not wait for an outcome. Stoltz asked Ms. Michales about the `win-win" situation, and what that would entail. She stated there is a wetland area to the south and it could be made into a 9 hole public golf course which would generate revenue for the golf course and also allow non-members to play golf at this golf course. She also stated there was some talk of a conservation easement to the north of the property. Kirk asked Mr. Rosow about a law suit and what is the reality if it did happen. Mr. Rosow stated the City does have insurance but it should not be a reason to pass or deny a proposal. Mr. Rosow pointed out it does take quite a bit of Staff time if litigation would take place. Kirk asked Mr. Rosow if they have the resources to go ahead with the litigation. Mr. Rosow stated they do. Stoelting asked about a continuance or delay of decision and how would Staff feel about it.. Franzen stated he would look at what the City Council requested them to do. He feels Staff did do what they were suppose to do and would not see the need for a continuance. Stoelting reiterated the amendment and asked the Commission Members for their input. Seymour stated he does not see a problem with changing the language of the ordinance, but asked if we could add the outdoor uses to the amendment. Mr. Rosow stated if the Commission wanted to address outdoor uses they should do so. MOTION by Stoltz, seconded by Kirk, to close the public hearing. Motion carried 6-0. MOTION by Stoltz, seconded by Kirk, to approve the following: An amendment to Chapter 3, adding the following text: Golf course: The term "golf course" includes the construction and maintenance of golf holes,practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings,pump houses and wells, shelter houses, cart paths and irrigation facilities. Permitted uses do not include permanent or temporary residential use or transient hotel use. The amendment would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. Amendments to Chapter 3, including but not limited to, Tables 3.3, 3.4, and 3.5, and figure 3.2 to reflect golf courses are within the Golf Course land use category and redefining quasi-public as "privately-owned uses resemble public uses such EXHIBIT I 8.7 f 1'8' Planning Commission Minutes November 13, 2006 Page 8 as and held by associations and private schools." The amendments would be applicable to Bent Creek, Glen Lake, Bearpath, and Olympic Hills golf courses. An ordinance of the City of Eden Prairie Minnesota amending City Code Chapter 11, Sections 11.03, Subd. 1.A, Subd. 2.Bl, tables 4 and 5, Subd. 3.3.H.4., adding section 11.36 and amending Section 11.70, Subd. 4 relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Sections 2.99 and 11.99, which among other things contain penalty provisions. Add croquet, lawn bowling,platform tennis, cross country skiing, snow shoeing, and ice skating, to the list of proposed permitted uses. Motion carried 6-0. . B. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres; Zoning District Change from Rural to Golf Course on 105.8 acres. Franzen presented the proposal. He stated since the Planning Commission adopted Item A, then this item, along with the subsequent golf course requests, needs to be individually addressed. Franzen stated the Staff recommends approval based on page 1 of the staff report. Stoelting opened the meeting up for public input. Rick Dorsey, a resident of Eden Prairie, stated his only concern is to make sure as a PUD it has only zoning applied to the property. He stated he does not want it re-zoned, other than the original PUD. Stoelting asked if the approval of the guide plan change would affect the original PUD. Mr. Rosow stated it would affect the original PUD because it would be zoned golf course,but the other property would be unaffected. He also stated this action would change the zoning of property from rural to golf course. Mr. Rosow reiterated the PUD is not changing but rather zoning. Brooks Halvorson, of 14348 Fairway Drive, had the same concerns as Mr. Dorsey. Mr. Rosow reiterated the PUD would not change but rather the underlying zoning on the property. MOTION by Powell, seconded by Stoltz, to close the public hearing. Motion carried 6-0. MOTION by Powell, seconded by Kirk, to approve the Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres and Zoning District Change from Rural to Golf Course on 105.8 acres. Motion carried 6-0. C. BEARPATH GOLF COURSE GUIDE PLAN CHANGE &REZONING EXHIBIT CITY COUNCIL MINUTES December 4, 2006 Page 4 C. AMENDING CHAPTER 3 COMPREHENSIVE GUIDE PLAN TO ADD GOLF COURSES AS LAND USE (Resolution No. 2006-141 for Guide Plan Change) Neal said the proposed changes are the result of a study authorized by the City Council on March 21, 2006. The purpose of the study was to identify and cure inconsistencies between the City's Comprehensive Guide Plan and the City's Zoning Code for Bearpath, Olympic Hills, Glen Lake, and Bent Creek golf courses. The proposed changes will allow only golf-course related activity on all of the golf courses. Golf course related activity would be golf holes. practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings,pump houses and wells, shelter houses, cart paths and irrigation facilities. Permanent or temporary residential use or transient hotel use would not be permitted. The Met Council must take action on the guide plan change before the City can adopt the ordinance. The City Council should hold the public hearing on the guide plan amendment and take action on the resolution for the guide plan change tonight. The public hearing on the proposed amendment to City Code Chapter 11 will be continued to the January 16, 2007, City Council meeting. Attorney Bruce Malkerson, representing Sam Hertzog, said language in the resolution naming four specific golf courses should be stricken. He referenced his memo in the Council packet as well as his comments before the Planning Commission. He asserted tonight's action in no way re-guides his client's property and that further comments could he saved for the continued hearing on January 161h. Case asked for clarification on the action. Jeremiah said she had confirmed with the City Attorney the language should be stricken. Rosow noted the resolution would amend the text of the guide plan to include a golf course designation,but it is not necessary to list the specific properties affected in the definition of the district. The listing of the properties was a relict of the original plan to act on the guide plan change and rezoning of the four courses at tonight's meeting. There is no intention to enact the guide plan change and rezoning of the properties tonight and no reason to leave in that language. Resident Steve Chelesnik, of 7269 Howard Lane, thanked the Staff and Planning Commission for their review and recommendations. He asked Council to remember the community's interest, expectations and promises made and said he would speak more at the continuation January 161h. MOTION: Young moved, seconded by Butcher, to close the Public Hearing and adopt Resolution No. 2006-141 for amending the Comprehensive Guide Plan to create a new land use category called"Golf Course." Motion carried 5-0. D. AMENDING CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES Neal said the Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action on the proposed amendments to Chapter 11 of the City Code relative to golf courses. EXHIBIT a CITY COUNCIL MINUTES December 4,2006 Page 5 MOTION: Case moved, seconded by Butcher, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. E. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE &REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres, Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. Neal said the Met Council needs to approve the Comprehensive Guide Plan text change to add golf course as a land use before the City can take action to change the use and zoning of any golf course. The staff recommends continuing public hearings E - H to the January 16. 2007 Council meeting. MOTION: Butcher moved, seconded by Case, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. F. OLYMPIC HILLS GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 170.71 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.1 acres, Zoning District Change from Rural to Golf Course on 169.1 acres, Zoning District Change from RM-6.5 to Golf Course on 1.6 acres, Zoning District Change from R1-13.5 to Golf Course on .52 acres. Location: Olympic Hills Golf Course MOTION: Aho moved, seconded by Case, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. G. BEARPATH GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 196.5 acres, Comprehensive Guide Plan Change from Low Density Residential to Golf Course on 1.54 acres, Zoning District Change from Rural to Golf Course on 198.04 acres. Location: Bear path Golf Course MOTION: Butcher moved, seconded by Case, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. H. GLEN LAKE GOLF COURSE GUIDE PLAN CHANGE & REZONING Request for: Comprehensive Guide Plan Change from Park/Open Space to Golf Course on 50.69 acres, Zoning District Change from Public to Golf Course on 50.69 acres. Location: Glen Lake Golf Course Case asked if the County had a higher zoning authority than the City for this golf course. Neal said no but he would check. MOTION: Case moved, seconded by Aho, to continue the public hearing to the January 16, 2007, City Council meeting. Motion carried 5-0. EXHIBIT AAA Metropolitan Council ,441 Aid January 8, 2007 Michael D. Franzen, City Planner City of Eden Prairie 8080 Mitchell Road Eden Prairie, MN 55344- 2203 RE: City of Eden Prairie-- Comprehensive Plan Amendment(CPA)—Golf Courses Land Use Metropolitan Council Review File No. 18795-16 Metropolitan Council District 3 (Mary Hill Smith, 952-475-1388) Dear Mr. Franzen: The Metropolitan Council received the City's comprehensive plan amendment for review on December 6, 2006. The time has now lapsed on the Council's adjacent community notification period. The amendment adds language to the City's Plan that makes golf courses a separate land use category, and changes the land use for the following golf courses (Bent Creek, Glen Lake, Bearpath and Olympic Hills) to the new designation and changes the definition of "Quasi-Public". Council staff finds the amendment meets the Comprehensive Plan Amendment Administrative Review Guidelines adopted by the Council on May 11, 2005. Therefore, further action on this review is waived and the City may place this amendment into effect. The amendment, explanatory materials and the information submission form will be appended to the City's Plan in the Council's files. If you have any questions about the information requested in this letter or about the review process, call Jim Uttley, AICP,Principal Reviewer and Sector Rep., at 651-602-1361. Sinn ely, Phylli Janson, Manager Local lanning Assistance cc: Mary Hill Smith, Metropolitan Council District 3 Jim Uttley, AICP,Principal Reviewer and Sector Representative Cheryl Olsen, Reviews Coordinator V.\REVIEWS\Commur itics\Eden Prairie\Lettersy2006A[den Prairie 2006 CPA Goif Courses 15795-1 7 Adnan Review.doc www.rnetrocouncil.org 390 Robert Street North • St. Paul, MN 55101-1805 • (651)602-1000 • Fax(651)602-1550 • TTY(651)291-0904 An 1iq:wt Opportunity Employer EXHIBIT I °it_ g3 CITY COUNCIL MINUTES January 16, 2007 Page 2 VII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. ADOPT RESOLUTION NO. 2007-13 PERTAINING TO EXPENDITURE OF CITY FUNDS C. AWARD BID FOR CONSTRUCTION OF THE PURGATORY CREEK RECREATION AREA BOARDWALK OVERLOOK TO SUNRAM CONSTRUCTION INC. D. ADOPT RESOLUTION NO. 2007-14 AMENDING RESOLUTION NO. 2007-08 BY AMENDING THE MEETING DATES FOR HUMAN RIGHTS AND DIVERSITY COMMISSION FOR 2007 E. AUTHORIZE AGREEMENT WITH CBIZ FOR EMPLOYEE BENEFIT CONSULTING SERVICES MOTION: Butcher moved, seconded by Aho, to approve Items A-E on the Consent Calendar. Motion carried 5-0. VIII. PUBLIC HEARINGS /MEETINGS A. FIRST READING OF AN ORDINANCE AMEND CHAPTER 11 OF THE CITY CODE RELATIVE TO GOLF COURSES (Ordinance for Amending Chapter 11) Neal said official notice of this public hearing was published in the November 23, 2006,Eden Prairie Sun Current. This is a continued item from the December 4, 2006 meeting. The proposed text amendments are related to creating a zoning district called Golf Course. This district and other amendments relative to golf course would be applicable to Bent Creek, Glen Lake Golf Course, Bearpath, and Olympic Hills. The attached letter from Rodney D. Hardy asked the City to consider amendments to the proposed ordinance related to parking,permitted uses, seasonal housing, and rebuilding. The Planning Commission directed staff to recommend appropriate language for additional uses to be added to the amendment. The draft ordinance was changed to include "croquet, lawn bowling,platform tennis, cross country skiing, snow shoeing, ice skating and other passive recreational activities with non-motorized use, provided however motorized golf carts are permitted." The Planning Commission, at the November 13, 2006 meeting, voted 6-0 to recommend approval of the an ordinance of the City of Eden Prairie Minnesota amending City Code chapter 11, Sections 11.03, Subd l.A, Subd. 2.B., tables 4 and 5, Subd, 3.3.H.4., adding section 11.36 and amending Section 11.70, Subd 4. EXHIBIT CITY COUNCIL MINUTES January 16, 2007 Page 3 relating to the establishment of a Golf Course District and adopting by reference City Code Chapter 1 and Section 11.99, which among other things contain penalty provisions. Young said each person's public input on the hearings would be limited to fifteen minutes to allow all to speak. Bruce Malkerson, attorney for the owners of Bent Creek Golf Course, asked for confirmation that this item only changes the ordinance but does not apply it to Bent Creek. Neal confirmed this. MOTION: Aho moved, seconded by Butcher, to Close the Public Hearing and approve 1st Reading of the Ordinance for Amending Chapter 11 of the City Code relative to golf courses. Motion carried 5-0. B. BENT CREEK GOLF COURSE GUIDE PLAN CHANGE &REZONING. Request for: Comprehensive Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres, Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Resolution No. 2007-15 for Guide Plan Change) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 823 property owners. This is a continued item from the December 4, 2006, meeting. The Met Council approved the text amendment to add"golf course" as a land use on January 8, 2007. The existing golf course is guided Public/Quasi Public. The proposed guide plan change is to Golf Course. Before the City Council can take action to rezone the property to GC-Golf Course, the amendments to Chapter 11, which create the GC-Golf Course District, must have 1" and 2' 'reading and be published in the official newspaper. The ordinance takes effect upon publication which could occur on January 25, 2007. The City Council should hold the public hearing on the guide plan change and take action on the resolution for the guide plan change tonight. The public hearing on the proposed rezoning of the property should be continued to the February 6, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the guide plan change at the November 13, 2006, meeting. To apply the ordinance, tonight's task is to take action on the guide plan if desired and continue the public hearing so that rezoning can be addressed at the first meeting in February. Bruce Malkerson, attorney for the owners of Bent Creek, objected to restriction of his time, saying he had important facts, new infoi illation and points of law to share. Tonight's action essentially rezones the property as the rezoning must promptly follow the reguiding under law. The other golf courses are not substantially protesting the reguiding. Two of them already have conservation easements with similar restrictions on development, and the other is a government-owned property. Different issues apply at Bent Creek. The owner intends to sue if the property is reguided because of the decrease in value of the EXHIBIT CITY COUNCIL MINUTES �13 January 16,2007 Page 4 property and his belief that the action is illegal. Malkerson questioned whether the City had obtained a legal opinion on the reguiding since he had been unable to obtain a copy. He said voting on the reguiding tonight would show disregard for the legal issues and demonstrate predetermination. Malkerson stated the owner proposes to manage a transition to reuse of the property that partially reflects the adjacent development. This is a compromise position as developing the property the same as the adjacent development would be very lucrative. Malkerson stated proceeding to legal action would be risky for neighbors. If the owner wins and the court says to zone the property to conform with surrounding development, the development will be much denser than the current proposal. If the City wins, the golf course could close and become overgrown and boarded up since it has lost money for years. Small golf courses are not viable in the current market unless owned by government. Malkerson said the Wensmann case currently before the Supreme Court will be very relevant. In a recent case the Court invited the developer to sue the City of Eagan over a golf-course only zoning, and the development will have a residential component within it. The Wensmann case will be decided in the next six months. Malkerson said the developer would sign a standstill agreement not to develop the property until after the decision comes down. Young noted Malkerson had exceeded the time limit and Malkerson objected to having his time limited. Young noted his office had been advised of the limit that morning without objection and Malkerson said he had not received the notice. Young granted 10 additional minutes and asked Malkerson to present the new legal facts he had mentioned. Malkerson distributed a memo dated January 16, 2007 and exhibits. He asked if the City had received a legal opinion on whether the golf course reguiding and rezoning was legal. Neal said there is no written opinion but the City Attorney had shared his opinion at public meetings. Malkerson asked if Neal meant Rosow's comments at the time the Council directed Staff to proceed on bringing the guide plan and zoning into alignment, and Neal said the time frame was close to that. Malkerson said those comments were pretty generalized. He suggested the Council direct the City Attorney to go through carefully and render an opinion and also seek an opinion from the Minnesota League of Cities Insurance Trust. Malkerson then reviewed comments in his memo: • The reguiding and rezoning essentially encumbers the property with an open space easement. The other golf courses granted easements in return for consideration. Reguiding now would be unilaterally imposing an easement. • The City lacks authority to reguide the property and is basing its action on statements made by the public, the intent of the original owner, and a general statement that the golf course was approved as part of the original CITY COUNCIL MINUTES E XHIBIT January 16, 2007 Page 5 PUD. The Council should not rely on non-binding, irrelevant statements made in the 1970s. • There really isn't a PUD for this property in the sense of a modern PUD. If the property is intended to be restricted forever, the City should get a conservation easement at the time of development. • The golf course is platted as an outlot. There is no ordinance or restriction on use of outlots. Young ended Malkerson's time after consuming 20 additional minutes following the Mayor's grant of 10 additional minutes. Malkerson objected and said he was being denied his due process rights. Resident Steve Chelesnik of 7269 Howard Lane,noted Edenvale was a 6000- acre development, unprecedented in Eden Prairie when it was developed in the 1970s. The record reflects extensive discussion among the Planning Commission, City Council and the community about preserving open space and maintaining quality of life. The documents arc pretty clear that approval was granted on the condition that open space be preserved. The golf course was credited as open space even though it allowed the developer and owner to make money off it. Some original homeowners still live there and relied on the golf course as a buffer from development. Eden Prairie has little open space left. Chelesnik questioned some arguments made by Malkerson. Small golf courses may be in trouble nationally due to overbuilding,but it does not follow that the Bent Creek course is not viable. Chelesnik stated the owner did not accept bids from people wishing to operate the property as a golf course, but only from developers. The business is privately held and it is easy to operate a business at loss to make a situation seem dire. Multiple buyers and membership groups would be willing to buy the course for multiples of the purchase price and continue to operate it. Chelesnik said the City has proceeded deliberately, cautiously and legally, and that fairness and equity call for enforcement of ordinances. The reguiding and rezoning only clarify the original intent. Malkerson's suggestion to wait until after the Wensmann decision is not surprising, since the current state of the law does not favor the owner. Resident Victoria Rolf of 6890 Canterbury Lane stated she lives adjacent to the golf course and purchased her property with the expectation that the golf course would remain a golf course, as she was told by the agent and neighbors, including a neighbor who helped design and built the whole project. She said she had easily obtained copies of all pertinent City documents and drafted a memo with points similar to those of the City Attorney. Rolf said the City has a moral obligation to preserve the open space for wildlife and to preserve the integrity of the Edenvale plan, which was visionary in its commitment to providing a mix of housing for all income levels and maintaining open space. The PUD set aside 25% of the area as open space and the golf course was counted as part of the bargaining process to receive exemptions on cash park fees. Development would significantly alter the community. EXHIBIT I I -q3 CITY COUNCIL MINUTES January 16, 2007 Page 6 Resident Marilyn Michales of 6459 Pinnacle Drive disputed the golf course's usefulness as wildlife habitat or as true open space, since it is not available to the general public. The proposed development would maintain the floodplain and incorporate trails that would be accessible to all residents. The course already contains a clubhouse, driveways and parking lots. Golf courses are usually perceived as an environmental negative due to runoff. The townhome project along Valley View also took away open space and views, but it was approved. By proceeding to litigation, the City could drive up its insurance premiums and cost taxpayers money. Staff time will also be needed to respond to a lawsuit. There is no need to rush to a decision. Neal noted preliminary plans had been shown to some staff and councilmembers but no formal plans have ever been submitted. Resident Lou Guertin of 6568 Pinnacle Drive said the townhome development was never part of the golf course plot set aside to open space. It was offered for purchase to the golf course owner and declined. Resident Rick Dorsey of 14215 Green View Court said he lives in a modest home along the golf course and owned a town home nearby prior to that purchase. Residents along the course paid premiums for those lots. He questioned whether the owner paid taxes on the land as developable or benefited from a reduced rate. When the owner built and sold townhomes to the west of the course ten years ago, no announcement was made of any intent to develop the golf course. Dorsey said he knew of at least one offer to buy the course and continue to operate it. Michales said she knows the owner and there were offers, but no viable offer from anyone who had the money to complete the purchase. Resident Eric Wolf of 7303 Howard Lane said he lives on the golf course and is a member. The membership discussed buying out the golf course but the owners would not release the financials they needed to plan an offer. Aho asked if staff had reviewed the Malkerson documents. Neal said the City Attorney had reviewed everything provided. Young asked Staff to review the rationale behind the March moratorium on development and the process to reach tonight's recommendation for reguiding. Franzen said the Council charged Staff to determine inconsistencies in the guiding and zoning of the City's golf courses and to find a cure. The Staff review found all the golf courses were guided and zoned a little differently, with no direct correlation between the guiding and the zoning. Guide plan designations should be specific, distinct and separate and clearly match the designation to the actual land use. Common sense suggested all golf courses should be guided the same way through a new guide plan designation. Statute requires zoning districts be added to match the guide plan change. EXHIBIT CITY COUNCIL MINUTES 11.143 January 16,2007 Page 7 Franzen said research revealed communities handle golf courses in many different ways. Few local communities have a separate golf course designation but this is common in Florida. Other cities permit golf courses in some or all zoning districts. Uses allowable under the "public/quasi-public"designation include private open space such as association land, golf courses and country clubs. Young asked if residential development were an allowable use and Franzen said no. Duckstad asked for confirmation that the golf course was part of a larger development and has operated as a golf course continuously. Franzen said yes. Duckstad asked when the current owner acquired it. Franzen said the mid-1980s if not earlier. The golf course has undergone some modifications but has remained a golf course under all owners. Duckstad asked if the proposed guide plan change would affect the current use. Franzen said the change would have no impact on the property as it is currently used. Butcher asked about property tax capture in the public/quasi-public designation. Neal said the taxation is separate from the guiding. He agreed to consult with the assessor and report back. Aho noted in previous discussions. Staff had indicated the property was guided public/quasi-public continuously, and the guiding would trump the zoning which was rural. Franzen confirmed this. Nelson asked if the PUD brought in the golf course as part of the parkland expectation. Franzen said the course was a tradeoff for density bonus and setback variances. The planned population of 18,000 to 19,000 is a large population for the acreage, especially since some of the area is industrial. The open space provides relief to the density allowed. Nelson asked if the City had always balanced development with cash park fees and parkland. Lambert said since the early 1970s, the City has required dedicated park land or fees. Edenvale received fee waivers for dedicating parcels as open space, and the golf course counted toward that open space. The expectation is that dedicated open space remain open. As the City became more sophisticated in its contracts, it required conservation easements over subsequent golf courses. Nelson asked for confirmation the change from public/quasi-public to golf course is a neutral change. Franzen confirmed the change in the guide plan and zoning still allows the property to be used as a golf course. MOTION: Butcher moved, seconded by Aho, to continue the public hearing for 1st Reading of the Ordinance for Zoning District Change from Rural to Golf Course 105.8 acres to the February 6, 2007 meeting, close the Public Hearing for the Guide Plan Change; and adopt Resolution No. 2007-15 for Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres. Motion carried 5-0. EXHIBIT BENT CREEK GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-15 A RESOLUTION AMENDING THE COMPREHENSIVE MUNICIPAL PLAN WHEREAS, the City of Eden Prairie has prepared and adopted the Comprehensive Municipal Plan ("Plan"); and WHEREAS, the Plan has been submitted to the Metropolitan Council for review and comment; and WHEREAS, the proposal of is an amendment to the Comprehensive Guide Plan NOW, THEREFORE,BE IT RESOLVED that the City Council of the City of Eden Prairie,Minnesota, hereby adopts the amendment of the Plan subject to Metropolitan Council approval as follows: Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres. ADOPTED by the City Council of the City of Eden Prairie this 16th day of January, 2007. P it Young, May1 ATTEST: Kat een Porta, City Clerk • EXHIBIT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.03, SUBD. 1. A., SUBD. 2. B., TABLES 4 AND 5, SUBD. 3. H. 4., AND SECTION 11.10, SUBD. 2, ADDING SECTION 11.36 AND AMENDING SECTION 11.70, SUBD. 4. RELATING TO THE ESTABLISHMENT OF A GOLF COURSE 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. City Code Section 11.03, Subd. 1. A. is amended by adding to the table at the end of the column entitled, "District Title" the words "Golf Course" and at the end of the column entitled, "Abbreviation,"the letters "GC." Section 2. City Code Section 11.03, Subd. 2. B., Tables 4 and 5 are amended as shown in Exhibits 1 and 2 attached hereto. Section 3. City Code Section 11.03, Subd. 3. H. 4. is amended by adding to the table at the end of the column entitled "District Land Uses" the following: "h. Golf Course" and at the end of the column entitled "Off-Street Parking Space Requirements" the following: "1/3 seats in the clubhouse plus 72 spaces." Section 4. City Code Section 11.10, Subd. 2 is amended by deleting item "F. Golf Courses."and changing item "G." to "F." Section 5. City Code Chapter 11 is amended by adding Section 11.36 as follows: SECTION 11.36 GC-Golf Course. Subd. 1. Purposes. The purpose of the GC-Golf Course District is to specify a land use district applicable and consistent with the historical and contractual development and use of the City's golf courses. Subd. 2. Permitted Uses. A. Golf, golf holes, practice ranges and greens, tennis courts, club houses, swimming pools, maintenance and storage buildings,pump houses and wells, shelter houses, cart paths, irrigation facilities, croquet, lawn bowling, platform tennis, cross country skiing, snow shoeing, ice skating and other passive recreational activities with non-motorized use, provided however motorized golf carts are EXHIBIT S • 1y-2 permitted. The term "golf course" does not include permanent or temporary residential use or transient hotel use. Section 6. City Code Section 11.70, subd. 4 is amended by adding "G. Golf Course District"as follows: G. Golf Course District. 1. Free-standing Signs: (a) One sign per street frontage is allowed provided the total area of such sign shall not exceed 50 square feet. (b) Setback: No sign shall be placed closer than 10 feet to any street right-of-way. (c) Height: Maximum height of free-standing signs shall not exceed 8 feet. (d) Sign Base: (Refer to Sub. 3, paragraph DD). 2. Wall Signs: One sign per building not to exceed 24 square feet in area. Where a building is located on a corner lot, one sign may be located on each wall facing a street provided one does not exceed 24 square feet and the other does not exceed 18 square feet. All walls signs shall be uniform in design. 3. Temporary Signs: Temporary signs shall be permitted for a period not to exceed ten days. Such signs shall be not higher than 8 feet and not larger than 32 square feet. Section 7. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to Entire City Code including Penalty for Violation" and Sections 2.99 and 11.99, entitled "Violation a Misdemeanor" are herby adopted in their entirety,by reference, as though repeated verbatim herein FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 16th day of January, 2007 and finally read and adopted and ordered published at a regular meeting of the City Council of sa. ity on the 16th day of January, 2007. %,- W - Kat, een Porta, City Clerk Phil oung, Mayor PUBLISHED in the Eden Prairie Sun Current on `f , 2007. ii, G� EXHIBIT CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 11, SECTIONS 11.03, SUBD. 1. A., SUBD. 2. B., TABLES 4 AND 5, SUBD. 3. H. 4., AND SECTION 11.10, SUBD. 2, ADDING SECTION 11.36 AND AMENDING SECTION 11.70, SUBD. 4. RELATING TO THE ESTABLISHMENT OF A GOLF COURSE DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: The ordinance amends Chapter 11(zoning) with respect to establishing a golf course zoning district. Effective Date: This Ordinance shall take effect upon publication. ATTEST: /ii•44,1� gi& Ka leen Porta, City Clerk P oung, May PUBLISHED in the Eden Prairie Sun Current on ?teddy 0200 7 • (A full copy of the text of this Ordinance is available from City Clerk.) EXHIBIT qq..(4 newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper as provided by Minn. Stet §331A.02, §331A.07, and other applicable laws as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 25 day of January , 2007, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2007; and printed below is a copy of the lower case alphabet from A to Z. both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: abcdefghijklmnopgrstuvwxyz 1 BY: v4 G FO Subscribed and sworn to or affirmed before me on this 25 day of January ,2007- ;ity of Eden Prairie A -1.-----("1:5-.:;-11-'C----- (Official Publication) - CITY'OF EDEN N tar Public HENNEPIN COUNTY,PRAIRIE NESOTA SUMMARY OF ORDINANCE No.2-2007 ,N ORDINANCE OF THE CITY OF EDEN PRAIRIE, �;,r;; t^,-.:�, II'..INESOTA AMENDING CITY CODE.CHAPTER 11, ECTIONS 11.03,SUED.1.A.,SUED.2-B.,TABLES 4 1.111„E;. MARY ANN CARLSON ND 5,SUM 3.H-4.,AND SECT ON•11.10,SUED.2, =y'1.''-p-• i- NOTARY PUBLIC-MINNESOTA DOING SECTION 11.38 AND AMENDING SECTION :1, ' MY COMMISSION EXPIRES 1-31-09 1.70,SUBD.4.RELATING TO THE ESTABLISHMENT .W. 1F A GOLF COURSE DISTRICT.AND ADOPTING BY 3EFERENCE CITY CODE CHAPTER 1 AND SECTION 1.99, WHICH AMONG OTHER THINGS CONTAIN 'ENALTY PROVISIONS. RATE INFORMATION HE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, IINNESOTA,ORDAINS: 1 Lowest classified ratepaid bycommercial users ummary: The ordinance amends Chapter 11(zoning) { ) $ 2.85 per line ith respect to establishing a golf course zoning district. for comparable space ffective Date: This Ordinance shall take effect upon ublication. (2) Maximum rate allowed bylaw hit Young,Mayor Y 6.20-der line athleen Ports,city clerk UBLISHED in the Eden Prairie Sun Current on January 5,2007. (3) Rate actually charged $ 1.30 per line 4 full copy of the text of this Ordinance is available from :ity Clerk.) (Jan.25,2007)d4-ord 2-2007 EXHIBIT ANNOTATED AGENDA February 6, 2007 Page 3 A. VACATION OF DRAINAGE AND UTILITY EASEMENT OVER ALL PLATTED LOTS AND BLOCKS IN THE RIDGE AT RILEY CREEK, VACATION 06-06 (Resolution No. 2007-27) Neal said official notice of this public hearing was published in the January 18, 2007, Eden Prairie Sun Current and sent to 56 property owners. The Property Owner and Developer has requested the vacation of the original drainage and utility easements on the above listed Lots as they have been replaced by new drainage and utility easements. The new drainage and utility easements allow for larger useable rear yard areas while maintaining the same Lot and Block designation as the original plat. The vacation will not result in conflicts with installed utilities. MOTION: Aho moved, seconded by Nelson, to close the Public Hearing; and adopt Resolution No. 2007-27 vacating the drainage and utility easement over all of Lots 1 through 17 inclusive, Block 1; Lots 1 through 11 inclusive, Block 2; Lots 1. through 6 inclusive, Block 3; Lots 1 through 5 inclusive, Block 4, The Ridge at Riley Creek. Motion carried 5-0. B. BENT CREEK GOLF COURSE REZONING Request for: Zoning District Change from Rural to Golf Course on 105.8 acres. Location: Bent Creek Golf Course. (Ordinance for Zoning District Change) Neal said official notice of this public hearing was published in the November 23, 2006, Eden Prairie Sun Current and sent to 863 property owners. This is a continued item from the January 1.6, 2007 meeting. At that meeting the City Council gave 1st and 21 reading of the proposed ordinance creating the golf course district. The ordinance was published on January 25, 2007. The existing golf course is zoned Rural .The proposed zoning change is to GC Golf Course. The golf course will be regulated by the performance standards as identified in the ordinance adopted at the January 16, 2007 meeting. The Planning Commission voted 6-0 to recommend approval of the rezoning at the November 13, 2006 meeting. Bruce Malkerson, attorney for Bent Creek majority owner Sam Hertogs, read a copy of a memo outlining his client's position. The Mendota Golf LLP vs. City of Mendota Heights case, which also featured inconsistencies between the guiding and zoning, was resolved through a negotiated settlement allowing development, granting an easement over 5.5 acres of open space, and authorizing a referendum for the City to purchase the property for $2.6 million and continue to operate it as a golf course. Another relevant case is the Wensmann Realty, Inc vs. City of Eagan case, which will come before the Supreme Court March 7th. Malkerson asked the City to authorize a referendum for City purchase of Bent Creek as a price that reflects its potential as a developable property, to table the rezoning until after the Wensmann decision, to acquire a written legal opinion prior to the ANNOTATED AGENDA " 11 February 6, 2007 EXHIBIT •Page 4 rezoning, and to modify the guide plan to allow property development. Full text of Malkerson's memo and comments is attached. Neal explained he and the Mayor had conferred with Staff and other Council members to recommend a revised motion. Rosow said Staff's recommendation is that if the Council wishes to proceed on this item, they should take public comment tonight and close the public hearing, with the stipulation that additional written testimony would be accepted by the City Manager's office until noon on Friday, February 9'h, 2007. The first and second readings should be tabled until the next Council meeting on February 20th, 2007 in order to allow Staff, including the City Attorney, to prepare written findings in support of the ordinance. By directing Staff to prepare these findings prior to passing the ordinance, the City will have clearly articulated the reasons for the guiding and zoning and be in a better legal position. Rosow said he would read into the record an overview and explanation of the supporting documentation after the public had a chance to speak. Starr Bourque, of 14267 Wedgeway Court, said she lives on the course. She expressed concerns about flooding if the golf course is developed and regarded. The area was engineered to have the golf course in the middle of it and rainfall currently drains into ponds on the golf course. The property owners own a golf course and the action does not devalue the property. The developer got to put in townhomes in exchange for the gol f'course open space. All 836 neighbors will back the Council in maintaining the area as a golf course. Steve Chelesnik, of 7269 Howard Lane, said Edenvale was a highly negotiated development, and the golf course was a key factor in negotiations approving the PUD. He disputed Malkerson's assertion that it was not a true PUD or that the restrictions on development do not have a rational basis. The restrictions on the course were the result of a hard bargain, and the course was subsequently used again by the owners to gain concessions. Chelesnik also disputed the argument that the zoning represents an unconstitutional taking. The key to that argument is that the current golf course is insolvent and worthless. Chelesnik shared statistics attesting to the popularity of golf and suggested the owner had not attempted to run the business at a profit. For example, the elimination of initiation fees (a major income-producer for any golf club) and reductions in restaurant hours limited income. The owner refused to provide financials to any buyers interested in operating the property as a golf course, in effect discouraging these offers. Regarding the Mendota Heights and Wensmann cases, Chelesnik said neither case had the PUD and level of documentation the City has for Bent Creek. Tom Murray, of 9160 Flyway Circle, said he is not a course member and does not live nearby. However, he supported the City as a taxpayer, even if the matter goes to litigation. A precedent could be set for others to try to take advantage of situations. ANNOTATED AGENDA EXHIBIT February 6, 2007 Pa 5 IC( 5 3 Malkerson expressed concern that he would have inadequate time to respond to Rosow's list of items if the deadline for testimony was Friday. If there are new documents, there would be insufficient time to review them. He asked that a copy of the items be provided by the end of the day Wednesday and that the comment period be kept open for at least two weeks. Rosow said Malkerson already had all the documents he would present on disk, and that an additional copy of the disk could be provided. Malkerson said he still requested an extension as documents might be added by others. Martha Chambers, of 14 386 Fairway Drive, said the ordinance is sensible and preserves open space. She said she both lives on the golf course and works in a building fronting it, and appreciates the wildlife. Eden Prairie is already 92% developed and green space is needed for air quality and the quality of life for all residents. Jim York, of 13252 Kerry Lane, said he was a longtime member of Bent Creek. The club has been poorly run and managed in recent years, and members have received numerous offers to join elsewhere. Some have, and others have taken leaves of absence. Though talented staff have left or been fired and the course is poorly run, it remains an excellent course especially given its small size. Ron Kutner, of 7221 Howard Lane, said he lives on the golf course and is a member. He noted he had owned recreation and event planning businesses in the past, so was interested in purchasing the course together with other member investors and operating its as a golf course. The owner refused to provide financials or even discuss the possibility. The 300 remaining members are frustrated at their inability to improve what they have and to be proud of it. Lisa Rolf, of 6923 Canterbury Lane, said she lives across the street from the course, and that the proximity to open space was a factor in their purchase decision, as they arc bird watcher. She read a letter from her teenage daughter on the beauty of the birds and wildlife in the area. Roth said Mayor Redpath and the Council as the time of the Edenvale development worked hard to help Eden Prairie transition from rural to suburban. There was a clear attempt not to repeat mistakes made in the Preserve development. The Council demanded a written commitment to 25% open space within the development, and this represents a promise to the families that live in the thousand-acre development. No additional parkland can be added if the course is developed. Scott Thompson, of 6860 Canterbury Lane, said he lives on the course and fully supports the rezoning. It is right for the neighbors and for the City as a whole. Steve Geske of 6800 Canterbury Lane said he had lived in the Edenvale development for 32 years, having bought the property from his grandparents. The EXHIBIT ANNOTATED AGENDA Q �g� February 6, 2007 2 t 7 Page 6 - open space was what attracted him vs. buying in an area with block after block of houses. If the owner is unable to run his business at a profit, that is not the City's fault. The area has to be reguided or rezoned somehow, and it should be done in a way that benefits the City. Rosow said many documents had been provided to the owner's attorneys on CD- ROM, compromising the City's entire records with respect to the development of the Edenvale PUD in the 1970s, 1980s and 1990s. Rosow presented an unwritable copy of the CD to the City Manager for the record, as well as a comprehensive index of the contents, which he also offered to Malkerson. Rosow read into the record the following selected items from the CD as particularly noteworthy: • Supplemental Information for Edenvale PUD Application 70-4 • Edenvale PUD Concept Stage Application 211d'revised August 1, 1970, Second Supplement August 25, 1970 • Supplemental Information for Edenvale PUD Application 70-4 • Feasibility Report for City of Eden Prairie I.C. 51-272 Valley View Road Dated February 1985 • 1973 Special Assessment Hearing Minutes, October 3, 1973 City Council • City Council Minutes, June 17 1986 • March 20, 1985 letter from Samuel Hertogs to Eugene Dietz • Village of Eden Prairie Engineering Report on Final Plat Edenvale 6tn Addition, August 8, 1973 • Edenvale Promotional material "Edenvale a Home for all Seasons." • Edenvale facts and brief • Land Use Plan, July 1970 • Edenvale Land Use Plan 5-782 • Comprehensive Guide Plan approved by the Village Council 5-68 • Eden Prairie Guide Plan Update Preliminary August 1977, Land Use Plan revised February 1978 and May 1978 • City of Eden Prairie Land Use Guide Plan map 2001-2020 with Edenvale PUD boundaries • Community Development Program for the Village of Eden Prairie, MN Part II Plan Elements Prepared by Brauer and Assoc, Inc. 1968 • Development Map 1969, Boundaries of Bent Creek Golf Course • Edenvale PUD Boundaries Development Maps 1970 through and including 1995 • Edenvale Land Use Map • Section 11 City of Eden Prairie Ordinance 135 • Edenvale Boundaries and Zoning Districts Map • Edenvale Boundaries and Flood Plain Delineation Map • Edenvale Boundaries and Wetland Delineation Map • Edenvale PUD—Ownership Status of Common Grounds/Association Property and Associated Map EXHIBIT ANNOTATED AGENDA 1 7 - February 6, 2007 7 Page 7 • April 29, 1977 Cash Park Fee Report • Resolution 78-22 Establishing Policy for Cash Park Fees • Village of Eden Prairie Resolution 459 and Amendment to Edenvale PUD, PUD-70-4 • Resolution No. 362 Village of Eden Prairie approving PUD Development Plan for Edenvale PUD 70-4 • City of Eden Prairie Engineering Report on Final Plat called Vista Addition, April 27, 1978 • Planning Report, July 5, 1972, Edenvale Concept Plan— 1972 Revision • Planning Review Report, Village of Eden Prairie, July 9, 1970, Edenvale PUD-70-4 • Draft Environmental Impact Statement, Edenvale 1 lt" Addition, No. 3188, Edenvale PUD, Eden Prairie, MN dated October 31, 1975 • Edenvale Fact Sheet, January 1, 1972 • Brauer and Assoc Memorandum to City Manager, November 9, 1977 • Memorandum dated September 30, 1977 to Mayor and City Council from Marty Jensen • Memorandum dated September 15, 1977 to Park, Recreation and Natural Resource Commission from Marty Jensen • Shades of Eden, the Edenvale Community Newspaper Issue 1-Early Spring 75 • Visitor's Guide to Edenvalc • August 5, 1974 letter to Mrs. Judy Strommen • December 30, 1973 letter to Robert Heinrich from Donald Peterson • September 6, 1973 letter from Eden Land Corporation to Mayor and City Council • August 27, 1973 letter from Eden Land Corp to Mayor and City Council • January 4, 1973 from Eden Land Corp to Village Manager • January 3, 1973 letter from Eden Land Corp to Jerry Kingrey • Minneapolis Star Tribune article, August 13, 1972 • August 1 0, 1972 article in the Sun Newspaper • August 3, 1972 article in the Sun Newspaper • Land Use Plan July 1979 All the above items are part of the City's files. Rosow also read a list of additional pertinent documents, including: • November 10, 2006 letter from Shenehon Company to Bruce Malkerson, Re: Summary of market values of Bent Creek Golf Club in Eden Prairie, MN • November 10, 2006 letter of Shenehon Company to Bruce Malkerson, Re: Market value of Bent Creek Golf Course in Eden Prairie, MN based on hypothetical assumption that the property continues as a going concern golf club EXHIBIT ANNOTATED AGENDA n ���� February 6, 2007 at • Page 8 • November 10, 2006 letter of Shenehon Company to Bruce Malkerson, Re: Market value of Bent Creek Golf Club in Eden Prairie, MN based on hypothetical assumption that land is vacant and available for development to its highest and best use under rural zoning district • November 10, 2006, letter of Shenehon Company to Bruce Malkerson, Re: Market value of Bent Creek Golf Club in Eden Prairie, MN based on hypothetical assumption that single family residential development to a density of three units per acre would be permitted. • November 21, 2006 letter from Richard F. Rosow to Bruce Malkerson, Re: Golf View Investment Co. No. 2 financial records • Wensmann Realty, Inc, et al. v. City of Eagan, Court File No. A05-1074, May 23, 2006, Review Granted August 15, 2006 • Mendota Golf, LLP v. City of Mendota Heights, 708 N.W.2d 162 All documents and maps have been provided to Malkerson. Neal recommended that if the Council wishes to proceed on the ordinance, it should direct staff to prepare findings in support of adopting the rezoning for presentation at its February 20, 2007 meeting. Council should move to close the public hearing but allow written testimony until February 9, 2007, or possibly February 16 as an alternative. Rosow said material must be received by the 9`h in order for it to be reviewed and findings prepared and included in the packet. Victoria Ralb, of 6890 Canterbury Lane, asked why the Council was delaying a vote on the ordinance and what would be gained by delay. Rosow said since there is a threat of litigation, it would be best to have written findings giving a full explanation of the rationale for the decision in the record. Extending the deadline for testimony is appropriate as part of due process. Young asked Staffs opinion on Malkerson's request that the matter be tabled until after the Wensmann decision. Neal said the City has provided sufficient due process and recommended sticking with the current timeline. Duckstad opposed postponing the matter further and said the ordinance should be voted after the findings are prepared. MOTION: Nelson moved, seconded by Butcher, to close the Public Hearing with written testimony to be accepted by the City's Manager's office until noon on February 9, 2007, table 1st reading of the Ordinance for Zoning District Change, and direct Staff to prepare written findings in support of the adoption of the Ordinance. Motion carried 5-0. EXHIBIT 1 a 1 OD V t S HENEHON COMPANY REAL. ES-TAO E VAIIIATIONS November I 0,2006 Mr. Bruce Malkerson Malkerson Gilliland&Martin 220 South Sixth Street,41900 Minneapolis, MN 55402 RE: SUMMARY OF MARKET VALUES OF BENT CREEK GOLF CLUB IN EDEN PRAIRIE,MINNESOTA Dear Mr.Malkerson: Enclosed please find three(3)letters that separately convey market value in advance of completing separate appraisal reports,under separate highest and best uses,in a Summary Appraisal Report format. I. Highest and Best Use as currently improved with Bent Creek Golf Club and zoning that would only allow the property to operate as a golf club-S2.500.000 to 52,700.„000 2. Highest and Best Use as nine(9)ten-acre minimum residential lots -S3,100_000 to 53,500,000 3. Highest and Best Use under the hypothetical assumption that single family residential development to a density of three units per acre is permitted - S18.000.000 to S20.000_000 We are unable to provide a value opinion of the property as currently zoned. Zoning Ordinance § 11.10 identifies the purpose of the R-Rural zoning district to be to Ipjrevent premature urban development of certain lands Mr hich will eventually be appropriate for urban uses.until the installation of drainage works streets..utilities,and community facilities and the ability to objectively determine and project appropriate land use patterns makes orderly development possible_ We understand this language to mean that R-Rural zoning districts are"holding zones"and that the owners of properties so zoned can anticipate that the City will eventually rezone the property to facilitate redevelopment into-urban uses"based on the availability of-drainage works. streets_ utilities and community facilities-and-appropriate land use patterns." We understand that the City Comprehensive Guide Plan does not currently list corresponding zoning designations for properties guided-Quasi Public:* We understand this to mean that there is nothing in the Comprehensive Guide Plan that would prohibit the City from rezoning a property that is currently in a R-Rural"holding"district. EXHIBIT November 10,2006 Mr. Bruce Malkerson Page 2 Given the short time made available to us,we have not been able to gather the necessary information regarding how the City has treated properties that are subject to the R-Rural zoning district and"Quasi Public"Comprehensive Guide Plan designation. We will continue our efforts to do so,but are unable to complete our analysis at this time. Thank you for allowing us to assist you with this matter. Please contact us with any questions or comments. SHENEHON COMPANY ab tr 1 , • -,...'.• ' Robert J. S (chota President EXHIBIT . 3.4 TO Cok) B i Lk S HENEHON COMPANY„, BtisINEss & REAL ESTATE VATU-A NONS November 10, 2006 Mr. Bruce Malkerson Malkerson Gilliland &Martin 220 South Sixth Street_ 41900 Minneapolis, MN 55402 RE: MARKET VALUE OF BENT CREEK GOLF CLUB IN ED EN PRAIRIE, MINNESOTA BASED ON l'HE HYPOTHETICAL ASSUMPTION IHAT THE PROPERTY CONTINUES AS A GOING CONCERN GOLF CLUB Dear Mr. Malkerson: At your request, we appraised the market value of the fee simple interest in the above-referenced property under the hypothetical assumption that the property continues as a going concern golf club and also assumes zoning that would only allow the property to operate as a golf club. The purpose of the appraisal is to compare its market value under the current use as a golf club to its market value under the hypothetical premise that the property is_ subdivided into residential . lots. Our conclusion is being conveyed in advance of preparing a narrative appraisal report. -. . . Report format which will explain the analyses and conclusions in a Summary Ap ,,.. rmat. This is • _ written for your intended use as representative for the property owner in a potential inverse The condemnation matter. depth of discussion contained in the appraisal report will be specific . to the stated intended . . - . purpose and use Shenehon Company is not responsible for unauthori:ed . . or improper use of this letter or its reported conclusions in a manner which might mislead without the benefit of the summary report that explains the analysis and conclusions. _. The subject property is a private member,, golf club located at 14490 Valley View Road, Eden Prairie, Minnesota. The property is an 18 hole par 71 regulation golf course with a slope of 136. The golf course was ori• originally constructed in 1971. is 6.503 yards in length from the longest tees. and is located on 106 acres of land. The golf club facilities include a 10.956 square foot - clubhouse containing a pro-shop. restaurant and dining, bar.offices, locker rooms, and storage. The clubhouse was originally built in 1971. the dining area was renovated in 2002, and the pro-shop was renovated in 2004. The golf club also has a 3200 square foot maintenance building. Approximately 13,000 rounds are played annually and revenues have been near $7.i _ , million for the past three full years 2003 to 2005. After careful consideration of the many factors influencing value, it is our opinion the subject . property has a market value as of November 8, 2006. assuming that the property continues as a going concern golf club,of: $2,500.000 to S2.700.000 . , . . . . EXHIBIT .1 I op (•) a its ismnRa r/lt 2_oinfa tb)rcebyixeasftaixtli nr)p xfta rrrstlo silath.e‘tkndeis.‘s affect appraiser's d t aeeie:tt Appraisal will Appraisalu fromolyo Mr. Bruce Malkerson November 10,2006 Page 2 We inspected the appraised property and investigated information believed to be pert valuation,and to the best of our knowledge and belief the statements and opinions es in our report are correct and reasonable,subject to the hypothetical and limiting conditions The reported value assuming the property continues as a going concern golf club issignificantly less than as subdivided into three residential units per acre,as determined in a separateanalysis by Shenehon Company. Market value as used in this appraisal report conforms to the following definitionobtained Page 177 of The Dictionary of Real Estate Appraisal. Fourth Edition,published the institute. The most probable price, as of a specified date, in cash,or in terms equivalent cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably. and for self-interest, and assuming that neither is underundue duress. We researched zoning requirements, flood zone status, legal description assessmentand information, and community data; gathered and verified information about the subjectproperty: inspected and photographed the subject property; familiarized ourselves withneighborhood and analyzed its boundaries,uses.and trends: reviewed and considered the real estate an market taking into account stability andOr changes; interpreted the market es thatthe subject property and identified the Ilse or uses on which the final opinion valueb researched revenues, expenses, income, required rates of return, and markettrends o and the subject's industry as a means of estimating the market value via theincomeapproach to value; and researched, verified, analyzed. and viewed comparable sales used forthem value indication of the subject property the sales comparison approach to value. Sourcesuse to obtain relevant information include,but are not limited to. assessors, appraisers, buyers, real estate brokers. developers,public records, industry publications and our office files. Under this scenario, the hypothetical highest and best use of the subject as though can concluded to be for golf course development. The hypothetical highest and bestuse subject as improved is concluded to be for a going concern golf course. The appraisal conclusion is presented in this letter in advance of preparing Summary Report which is in process as authorized by our client Our Sum Appraisal Report comply with the reporting requirements set forth under Standardse 2(b ofUSP3d) summarize the data,reasoning.and analyses used in the assignment develop thepp opinion of value. Documentation used to form our conclusion retainedShenehon Company's confidential work files. . . EXHIBIT i 1003(40 Mr. Bruce Malkerson November 10. 2006 Page 3 Thank you for allowing us to assist you with this matter. Please contact us with any questions or comments. SHENEHON COMPANY Certified to this 10th day of November,2006. --7 ' Appraiser License No. 20491206 Email: crnilleriishenehon.com I _!....."1/Y.,,,,,,,,William C.C. Herber Senior Vice President License No. 4000874 Email: bherberiishenehon.com L96/7)`\,,/,-/ Robert J,J, S ota President License No. 4000882 Email: value a shenehon.com EXHIBIT 1 t OD 03) SHENEHON COMPANY - 1 BUSINESS & REAL ESTATE VALUATIONS November 10, 2006 Mr. Bruce Malkerson Malkerson Gilliland&Martin 220 South Sixth Street, #1900 Minneapolis, MN 55402 RE: MARKET VALUE OF BENT CREEK GOLF CLUB IN EDEN PRAIRIE, MINNESOTA BASED ON A HYPOTHETICAL ASSUMPTION THAT THE LAND IS VACANT AND AVAILABLE FOR DEVELOPMENT TO ITS HIGHEST AND BEST USE UNDER RURAL DISTRICT ZONING Dear Mr. Malkerson: At your request, we appraised the market value of the fee simple interest in the above-referenced property under a hypothetical assumption that the land is vacant and available for development to its highest and best use under the Rural District zoning regulations. The purpose of the appraisal is to compare its market value under this hypothetical premise to its market value as an existing golf club. Our conclusion is being conveyed in advance of preparing a narrative appraisal report, which will explain the analyses and conclusions in a Summary Appraisal Report format. This is written for your intended use as representative for the property owner in a potential inverse condemnation matter. The depth of discussion contained in the appraisal report will be specific to the stated purpose and intended use. Shenehon Company is not responsible for unauthorized or improper use of this letter or its reported conclusions in a manner which might mislead without the benefit of the summary report that explains the analysis and conclusions. The subject is±106.0 acres underlying Bent Creek Golf Club at 14490 Valley View Road in Eden Prairie, Minnesota. After careful consideration of the many factors influencing value, it is our opinion the subject property has a market value as of November 8, 2006, under the stated hypothetical assumption that the land is vacant and available for development to its highest and best use under Rural District zoning regulations, of between: $3,100,000 and$3,600,000 88 SOUTH TENTH STREET SUITE 400 1 MINNEAPOLIS MINNESOTA 1 55403 612/333-6533 FAX 612/344-1635 WWW.SHENEHON.COM E-MAIL: VALUEC@SHENEHON.COM • EXHIBIT lo0 (b) Mr. Bruce Malkerson November 10, 2006 Page 2 We inspected the appraised property and investigated information believed to be pertinent to its valuation, and to the best of our knowledge and belief the statements and opinions expressed in our report are correct and reasonable, subject to the hypothetical and limiting conditions set forth. The reported market value is similar to the value to the current golf club development, as determined in a separate analysis by Shenehon Company. Market value as used in this appraisal report conforms to the following definition obtained from Page 177 of The Dictionary of Real Estate Appraisal, Fourth Edition, published by the Appraisal Institute. The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. We researched zoning requirements, flood zone status, legal description, assessment and tax information, and community data; gathered and verified information about the subject property; inspected and photographed the subject property; familiarized ourselves with the neighborhood and analyzed its boundaries, uses, and trends; reviewed and considered the real estate market taking into account stability and/or changes; interpreted the market forces that affect the subject property, identified the use or uses on which the final opinion of value is based; and researched, verified, and analyzed comparable lot sales used in the development cost approach to conclude the market value indication of the subject property. The sales comparison approach is typically the most reliable method of estimating land value, but comparable sales data was deemed insufficient and unreliable in this instance. Sources used to obtain relevant information include, but are not limited to, assessors, appraisers, buyers, sellers, real estate brokers, developers,public records, and our office files. The highest and best use of the subject as though vacant and available for development under the Rural District zoning regulations is concluded to be for residential development. The appraisal conclusion is presented in this letter in advance of preparing a Summary Appraisal Report which is in process as authorized by our client. Our Summary Appraisal Report will comply with the reporting requirements set forth under Standards Rule 2-2(b)of USPAP, and summarize the data, reasoning, and analyses used in the assignment to develop the appraiser's opinion of value. Documentation used to form our conclusion is retained in Shenehon Company's confidential work files. Mr. Bruce Malkerson • EXHIBIT 3 100(6) November 10, 2006 Page 3 Thank you for allowing us to assist you with this matter. Please contact us with any questions or comments. SHENEHON COMPANY Certified to this 10th day of November, 2006 Gzit,„•,...1_, Robert H. Brown Vice President License No. 4000646 Email: bbrown shenehon.com /- 0 ,gyp Robert J. Strachota President License No. 4000882 Email: value@shenehon.com EXHIBIT I 000 SHENEUONCOMPANYEJ- BUSINESS & REAL ESTATE VALUATIONS November 10, 2006 Mr. Bruce Malkerson Malkerson Gilliland&Martin 220 South Sixth Street, #1900 Minneapolis, MN 55402 RE: MARKET VALUE OF BENT CREEK GOLF CLUB IN EDEN PRAIRIE, MINNESOTA BASED ON A HYPOTHETICAL ASSUMPTION THAT SINGLE FAMILY RESIDENTIAL DEVELOPMENT TO A DENSITY OF THREE UNITS PER ACRE WOULD BE PERMITTED Dear Mr. Malkerson: At your request, we appraised the market value of the fee simple interest in the above-referenced property under a hypothetical assumption that single family residential development to a density of three units per acre would be permitted. The purpose of the appraisal is to compare its market value under this hypothetical premise to its market value as an existing golf club. Our conclusion is being conveyed in advance of preparing a narrative appraisal report, which will explain the analyses and conclusions in a Summary Appraisal Report format. This is written for your intended use as representative for the property owner in a potential inverse condemnation matter. The depth of discussion contained in the appraisal report will be specific to the stated purpose and intended use. Shenehon Company is not responsible for unauthorized or improper use of this letter or its reported conclusions in a manner which might mislead without the benefit of the summary report that explains the analysis and conclusions. The subject is±106.0 acres underlying Bent Creek Golf Club at 14490 Valley View Road in Eden Prairie, Minnesota. After careful consideration of the many factors influencing value, it is our opinion the subject property has a market value as of November 8, 2006, under the stated hypothetical assumption that single family residential to a density of three units per acre would be permitted, of between: $18,000,000 and $20,000,000 88 SOUTH TENTH STREET SUITE 400 MINNEAPOLIS MINNESOTA 55403 612/333-6533 FAX 612/344-1635 WWW.SHENEHON.COM E-MAIL: VALUE@SHENEHON.COM EXHIBIT Io0 (c) Mr. Bruce Malkerson November 10, 2006 Page 2 We inspected the appraised property and investigated information believed to be pertinent to its valuation, and to the best of our knowledge and belief the statements and opinions expressed in our report are correct and reasonable, subject to the hypothetical and limiting conditions set forth. The reported value is significantly greater than as a golf club, as determined in a separate analysis by Shenehon Company. Market value as used in this appraisal report conforms to the following definition obtained from Page 177 of The Dictionary of Real Estate Appraisal, Fourth Edition, published by the Appraisal Institute. The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. We researched zoning requirements, flood zone status, legal description, assessment and tax information, and community data; gathered and verified information about the subject property; inspected and photographed the subject property; familiarized ourselves with the neighborhood and analyzed its boundaries, uses, and trends; reviewed and considered the real estate market taking into account stability and/or changes; interpreted the market forces that affect the subject property and identified the use or uses on which the final opinion of value is based; and researched,verified, analyzed, and viewed comparable land sales used for the market value indication of the subject property via the sales comparison approach to value. The sales comparison approach is typically the most reliable method of estimating land value. Sources used to obtain relevant information include, but are not limited to, assessors, appraisers, buyers, sellers, real estate brokers, developers,public records, and our office files. The highest and best use of the subject as though vacant is concluded to be for residential development. Under a hypothetical assumption that residential development to a density of 3 units per acre is permitted by zoning,the highest and best use of the subject as improved is concluded to be for residential development to a density of three units per acre. The appraisal conclusion is presented in this letter in advance of preparing a Summary Appraisal Report which is in process as authorized by our client. Our Summary Appraisal Report will comply with the reporting requirements set forth under Standards Rule 2-2(b) of USPAP, and summarize the data, reasoning,and analyses used in the assignment to develop the appraiser's opinion of value. Documentation used to form our conclusion is retained in Shenehon Company's confidential work files. EXHIBIT IOO (e 3 Mr. Bruce Malkerson November 10, 2006 Page 3 Thank you for allowing us to assist you with this matter. Please contact us with any questions or comments. SHENEHON COMPANY Certified to this 10th day of November, 2006 126,t4A* Robert H. Brown Vice President License No. 4000646 Email: bbrown@shenehon.com a '/9 Robert J. Strachota President License No. 4000882 Email: value@shenehon.com EXHIBIT g loo (a) _ Si-i EN EHO N COMPANY BtUStNF:SS & REAL ESTATE VALUATIONS December 1,2006 Mr.Bruce Malkerson Malkerson Gilliland&Martin 220 South Sixth Street.#1900 Minneapolis.MN 55402 RE: MARKET VALUE OF BENT CREEK GOLF CLUB IN EDEN PRAIRIE, MINNESOTA BASED ON A HYPOTHETICAL ASSUMPTION CHAT t'HE LAND IS VACANT AND AVAILABLE FOR DEVFi.OPAIENT TO ITS HIGHEST AND BEST USE UNDER RURAL DISTRICT ZONING Dear Mr.Malkerson: At your request,we appraised the market value of the fee simple interest in the above-referenced property under a hypothetical assumption that the land is vacant and available for development to its highest and best use under the R Rural District zoning regulations and existing Land Use Guide Plan designation of"Quasi-Public". The purpose of the appraisal is to compare its market value under this hypothetical premise to its market value as an existing golf club. Our conclusion is being conveyed in advance of preparing a narrative appraisal report, which will explain the analyses and conclusions in a Summary Appraisal Report format_ This is written for your intended use as representative for the property owner in a potential inverse condemnation matter. The depth of discussion contained in the appraisal report will be specific to the stated purpose and intended use. Shenehon Company is not responsible for unauthorized or improper use of this letter or its reported conclusions in a manner which might mislead without the benefit of the summary report that explains the analysis and conclusions. The subject is 06.0 acres(w73 acres usable)underlying Bent Creek Golf Club at 14490 Valley View Road in Eden Prairie,Minnesota Zoning Ordinance§ 11.10 identifies the purpose of the R-Rural District to be to"[p]revent premature urban development of certain lands which will eventually be appropriate for urban uses,until the installation of draina"e works streets,utilities,and community facilities and the ability to objectively determine and project appropriate land use patterns makes orderly development possible." We understand this laneua`e to mean that R-Rural zoning districts are`holding zones"and that the owners of properties so zoned can anticipate that the City will eventually rezone the property to facilitate redevelopment into"urban uses"based on the availability of municipal utilities and services and appropriate land use patterns. sa scUTH TEN ri-i }TrE ? 7E y:0 tiif` NEAFOLK fit!_;."•it ;)7:t 5-3.J3 54'_': r;3: FAX tc,35 EXHIBIT ,9 EXHIBIT 100 (CO Mr.Bruce Malkerson December 1,2006 Page 2 The current City Comprehensive Guide Plan shows the subject guided as"Quasi-Public"and does not list corresponding zoning designations for"Quasi-Public". The current Comprehensive Plan defines"Quasi-Public Facilities'to include"privately-owned uses that resemble public uses such as land held by associations,golf courses,country clubs,and private schools? We understand this to mean that there is nothing in the Comprehensive Guide Plan that would prohibit the City from rezoning a property that is currently in a R-Rural"holding"district to any use district which reflects"appropriate land use patterns"and"makes orderly development possible"as set forth in the purpose section of the R-Rural District. In letters addressed to you and dated November 10,2006 we reported our market value opinions of the subject to be$2,500,000 to S2,700;000 assuming zoning would only permit the property to operate as a golf club and$3,100,000 to S3,600,000 assuming that the property was divided into nine(9)ten-acre minimum lots,a permitted use specified by the R Rural District. In a separate letter addressed to you and dated November 10,2006 we reported our market value opinion of the subject to be S 18,000,000 to S20,000,000 under the Inpotherical assumption that the property is rezoned to permit residential development to a density of three units ner acre. Because comprehensive guide plans take precedence over inconsistent zoning ordinances,a buyer might safely assume that a quasi-public use such as a private school or other institutional u would be permitted on the subject site. Because quasi-public users compete with private developers for land, it is not unusual to see them pay Gale prices in the range of$125,000 to Si so.ao0 per usable acre for sites,suggesting a subject value in the range of approximately S9.000,000 to S 11,000,000. Market value assumes the buyer and seller each act prudently,knowledgeably.and in their own best interest. A buyer would assess the probability of successfullyrezoning the subject to allow a low- to medium-density residential development and then decide how much of the difference he would be willing to risk. We believe that a buyer under these circumstances would be willing to risk a premium of approximately 10%over the"safe"value on the chance that he would end up with a property value at the high end of the ranee,or Si 8,000,000 to S20,000,000_ Therefore,we applied a 10%premium to the quasi-public use prices,the use that a buyer would expect to set the minimum value. After careful consideration of the many factors influencing value,it is our opinion the subject property has a market value as of November 8,2006,under current zoning regulations whereby the potential exists to rezone the property for law-to medium-density residential use and assuming that the land is vacant and available for development to its highest and best use,of S10,000,000 to S12,000,000 EXHIBIT 1 IOO ( A) 3 Mr.Bruce Malkerson December 1,2006 Page 3 We inspected the appraised property and investigated information believed to be pertinent to its valuation.and to the best of our knowledge and belief the statements and opinions expressed in our report are correct and reasonable.subject to the hypothetical and limiting conditions set forth. The reported market value is similar to the value to the current golf club development as determined in a separate analysis by Shenehon Company. Market value as used in this appraisal report conforms to the following definition obtained from Page 177 of The Dictionary of Real Estate Appraisal.Fourth Edition,published by the Appraisal Institute. The most probable price,as of a specified date,in cash,or in terms equivalent to cash,or in other precisely revealed terms,for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale.with the buyer and seller each acting prudently, knowledgeably,and for self-interest,and assuming that neither is under undue duress. We researched zoning requirements, flood zone status. legal description,assessment and tax information,and community data;gathered and verified information about the subject property; inspected and photographed the subject property; familiarized ourselves with the neighborhood and analyzed its boundaries,uses,and trends;reviewed and considered the real estate market taking into account stability and/or changes:interpreted the market forces that affect the subject property.identified the use or uses on which the final opinion of value is based;and researched. verified,and analyzed comparable sales used to conclude the market value indication of the subject property. Sources used to obtain relevant information include,but are not limited to, assessors,appraisers,buyers,sellers,real estate brokers,developers,public records,and our office files. The highest and best use of the subject as though vacant and available for development under the Rural District zoning regulations is concluded to be for residential development. The appraisal conclusion is presented in this letter in advance of preparing a Summary Appraisal Report which is in process as authorized by our client. Our Summary Appraisal Report will comply with the reporting requirements set forth under Standards Rule 2-2(b)of USPAP,and summarize the data.reasoning,and analyses used in the assignment to develop the appraiser's opinion of value. Documentation used to form our conclusion is retained in Shenehon Company's confidential work files_ 100 (,EXHIBIT ) Mr. Bruce Malkerson December 1,2006 Page 4 Thank you for allowing us to assist you with this matter. Please contact us with any questions or comments. SHENEHON COMPANY Certified to this 10th day of November,2006. Robert K Brown Vice President License No.4000646 Email: bbrownlThshenehon_com i ,.-2/7i,NZ Roberti.Strachota President License No.4000882 Email: v-alue€shenehon.com EXHIBIT 103 GREGERSON, ROSOW, JOHNSON & NILAN, LTD. ATTORNEYS AT LAW 1600 PARK BUILDING 650 THIRD AVENUE SOUTH MINNEAPOLIS,MINNESOTA 55402-4337 TELEPHONE: (612)338-0755 FAX: (612)349-6718 WWW.GRJN.COM WRITER'S DIRECT DIAL: (612)436-7477 I)AA ID H.GREGERSON" EDEN PRAIRIE OFFICE. RIC HARD F.ROSOW O 250 PRAIRIE CEN FER DRIVE RK J.JOHNSON SUITE 370 JOSEPH A.NILAN*+ EDEN PRAIRIE,MINNF:9OCA 55,14 JENNIPER M.INZ TELEPHONE.(952)629-7355 SIIRA B.GUNDERSON FAX-(952)92-07I3 D.-1,NIEL R.GREGERSON JON R.STECKLER REPLY TO MINNEAPOLIS KRISTY L.WARNEN DAVID I).IIEIM rrosow(Dgrjncom OBERT I_LANG,OF COUNSEL ROGER A.I'AULY,OF COUNSEL .Also admitted in Wisconsin +Also admitted in North Dakota +MSBA Hoard Certified Real Property Specialist November 21, 2006 Mr. Bruce D. Malkerson Malkerson Gilliland Martin LLP 1900 U.S. Bank Plaza South Tower 220 South Sixth Street Minneapolis, MN 55402 Re: Golfview Investment Co. No. 2 Dear Bruce: At the City of Eden Prairie Planning Commission's public hearing relating to the amendment of the City's Comprehensive Plan, zoning code, and rezoning of Bent Creek Golf Club, it was asserted that the use of the golf course property as a golf course was losing money. Since this issue has been raised, the City requests that Golfview make available for review and audit by a representative of the City, all the financial and tax records of Golfview relating to its (a) capital investment in the golf course property from its purchase to the present; and (b) operations of the golf course for the past five years (2002-2006 inclusive). The golf course operations include all revenue received and expenses incurred relating to the golf course and clubhouse whether received or incurred by Golfview and/or any entity or person with which or with whom Golfview has or had for the periods indicated a contractual or financial relationship for the operation of the golf course. Very truly yours, GREGERSON, ROSOW, JOHNSON&NILAN, LTD. By Richard F. Rosow RFR/kb Cc: Marilyn Michaels P:AHomeAEP\Community DevABent Creek\CorrespondenceAgolfview 2006 II21.doc Original Message From: K Barker [mailto:birchpt@a juno.com] Sent: Thursday, February 08, 2007 2:30 PM To: Brad Aho; Jon Duckstad; Scott Neal; Kathy Nelson; Sherry Butcher; Philip Young Subject: Public Testimony Bent Creek Golf Course Please read and include We urge you to stand strong against those few who, for personal gain, seek to both breach agreements regarding this property to the irrecoverable detriment of an entire community. Thank you Kent and Patricia Barker Kent and Patricia M. Barker 14428 Fairway Drive 1642 E. Broken Bow Way Eden Prairie MN 55344 Tucson AZ 85755 952 914 0234 520 825 3923 birchpt@ juno.com 8 February 2007 Mayor and Council Members City of Eden Prairie 8080 Mitchell Road Eden Prairie MN. 55344 "Public Testimony Bent Creek Golf Course" Dear Mayor and Council Members: We came to Eden Prairie 48 years ago -watched,sometimes in horror and at other times in awe,as our tiny rural community developed. As one of many involved/concerned residents, I had the privilege of serving on various commissions over a period of 24 years,and participated in our master guide plan in the 1960's. We watched this golf course develop -even played on it around 1961,later,we and so many other families spent happy days sledding and tobogganing West down the steep hill now occupied by Quail Ridge and homes. Although I am not a golfer, I believe strongly that open space in an increasingly congested community is a welcome,essential and irreplaceable element of a healthy,vibrant environment. Eden Prairie took this concern into consideration-sufficiently so that it was a key,element in the lengthy Edenvale development proposal which was approved finally only with the agreement/commitmemt that this specific land must and would remain open. Mr.Martin and Mr.Peterson presented the Edenvale development plan. When Mr. Martin was killed in a plane accident just across the river from Flying Cloud, Don Peterson carried the plan to its acceptance which included the open land commitment. The area is also a major flood plain-as what was dubbed t"Storm of the Century" illustrated clearly later. I have pictures from a parking lot SW across this lake flooding virtually the entire area to Fairway Woods homes, and North to Valley View Road. Another photo is of a motor boat-on the North side of Valley View. By holding and slowly draining,this area reduced the certain greater flooding damage along the stream below. Yes,we now live on Fairway Drive,in large part because of the open land and knowledge it would remain so under the development agreement/commitment. But my far stronger interest continues to be for Eden Prairie's residents today and tomorrow. For example,decades ago I took an active,intense involvement in promoting the acquisition of land on Staring Lake. Many residents at that time opposed to the purchase, saying there was no money available, even if we did buy it, to develop it. Our argument was simple - either buy it then to preserve it for all -or lose it to benefit a few. Likewise,I was one of many who pressed for and supported Round Lake area as a joint school and city. These and other open spaces are among Eden Prairie's most valuable assets as a dynamic,liveable community. I join with others to strongly encourage protection of this for recreation, a community location, open land, and a defense when the next major flooding arrives. Eden Prairie must insist that the good faith development commitments made are not broken. Your clear role: preserve and protect the community interest. Thank you for considering these facts and concerns and striving to protect(y)our community. Like Staring Lake, Round Lake,Mitchell Lake,etc. -once lost there can be no recovery. That price is too high. Sincerely, KeAt t 3 cvrke,r Kent Barker William C. Brown 7101 Howard Lane Eden Prairie,MN 55346 612-590-6152 February 7, 2007 Mr. Scott Neal City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: Bent Creek Golf Course Zoning If the city of Eden Prairie is ready to accept the argument that Bent Creek Golf Course can't make money, then the city should be ready to accept the same arguments from the other golf courses in the city. I suspect that the land development values of the other golf courses in Eden Prairie well exceed their original golf course value. How many other developers are lining up that you don't know about? Beyond the potential for unleashing more development, does the city have the obligation to make amends to the management and owners of a business if a business is not performing? If a business can't make money because of its manner in which it runs a business, does Eden Prairie have the obligation of rezoning the property at the request of the business? If I want to rezone my drugstore because I can't make money, then it would seem that I should come to city and ask for that location to be rezoned to a bar. There should be many more questions about how the golf course is being managed and whether the golf course could be managed more effectively to build a profitable base. The current owner doesn't have the motivation to run a profitable golf course so it's unlikely much will happen. There are many private golf courses that open themselves to public access to generate more revenue. The restaurant could be remodeled to generate more revenue through public access. Have you been in the Bent Creek Golf Course restaurant? It feels like an old smoky bar out of the 1950s. That format wouldn't work anywhere and anyone in their right mind would never suggest this format as a new restaurant or as a place to meet for a business luncheon. So now the owner comes to you and asks for alternative plans that include some very draconian measures. Have you been to Glen Lake facility that is managed by the Three Rivers Park District? The place is packed— no parking spaces in the summer. It's first rate. Families come and go with frequency. Driving ranges are cash cows and the Three Rivers Park District has it figured out. Smoky bars are no where to be seen. Somehow the current manager of the Bent Creek Golf Course can't get a handle on how to manage a golf course. If the city needs to work with the management of the golf courses, then I hope the city manager is willing to roll up his or her sleeves. The owners of the course is pushing city hall to get the"big bang"-- why bother with more effective management when I generate several millions from one check? If the Bent Creek Golf Course is developed, I have heard that the plans are to develop homes that are very expensive (in the$1.0 million+ range) north of the current club house. I think there is a very reasonable chance that this will not happen. If you run a plot run showing the interest rates of the last two decades you will see larger and more expensive homes being built as the interest rates declined. The decade of the 1990s will not return for many years as the Federal deficit is reaching new records. A developer will opt to offer multiple price points for the homes and I suspect that if interest rates move up, the developer will want to offer much cheaper homes. If I were developer, I would want the option to offer townhouses and condominiums north of the current club house to optimize the value of the land. The housing glut is still working its way through the market both nationally and regionally. A very recent article (this last week) in the Wall Street Journal noted that vacant homes for sale nationally are at record levels. If you haven't seen an angry group of homeowners from Bent Creek, watch what happens if interest rates ratchet up or the glut takes longer to work its way through the market and the developer asks for the option to build cheaper homes (or townhouses or condos) north of the club house. The developer damn well knows that they have to propose expensive homes to get the package sold. He could be on your doorstep with new development options after the development is underway. I play extensive golf during the summer and I am not a member of Bent Creek. So why would I write this letter? The founders of Eden Prairie have long decided not to offer its residents access to a public or a semi-private course. If you haven't done so recently, pull out a metro map and put pins in all the public courses in the west metro. Most exist on the west or northwest side of the metro. As gasoline prices ratchet up to $7.00 or $8.00 a gallon, access to semi-private golf courses and open green spaces will be at a premium. What we see today is not what will exist in the future. The founders of Minneapolis "had it right" and still do. Their long term vision makes Minneapolis stand out a first rate community in the region and in the country. Minneapolis did not have a"for sale" sign around their park system. If this golf course doesn't remain a golf course, then other options should be evaluated by the city including the possibility of a bond issue to maintain an open public park. Or ask Three Rivers to get involved--they understand park management. Please support Bent Creek Golf Course as an open green space or as a golf course under new management. You have to help this process along with some creative alternatives. It's not an all or nothing process. There are creative alternatives. Please give me a call if you want further input, Sincerely, William C. Brown From: Nancy Hendrickson [mailto:tndhendrickson@msn.com] Sent: Thursday, February 08, 2007 7:00 PM To: knelson©edeprairie.org; Sherry Butcher; Philip Young; Brad Aho; Jon Duckstad; Scott Neal Subject: Public Testimony Bent Creek Golf Course Dear City Council Members; My name is Nancy Hendrickson living at 6961 Howard Lane. My husband Tim and I have been a E.P. residents and taxpayers for eight years. We live along the West side of Bent Creek golf course and my husband is a member of the golf club. We have greatly enjoyed the city, the neighborhood and course while living here and even when we lived just three miles away in Minnetonka for eleven years prior to choosing to move here. As a resident of the city and a member of the club we greatly value the Bent Creek as a golf course. Keeping Bent Creek as a golf course is consistent with the values of our neighborhood and city and one of the great examples consistent with what has made Eden Prairie one of the top cities to live in. In particular,we have enjoyed the views of the course along with the wild life we have seen in the area, especially when the bald eagles fly over. It is these reasons, along with the property representation on record, that we chose this neighborhood and city for our home. We respectfully request that you continue to maintain Bent Creek as a golf course consistent with the historical and recent commitments made by the city. Thank you for your consideration, Tim and Nancy Hendrickson --Original Message From: Jill T. Johnson [mailto:Jill.T.Johnson@supervalu.com] Sent: Friday, February 09, 2007 9:23 AM To: Kathy Nelson; Sherry Butcher; Young@edenprairie.org; Brad Aho; Jon Duckstad; Scott Neal Cc: Tedej@yahoo.com Subject: Public Testimony Bent Creek Golf Course Keeping Bent Creek a golf course continues to be on the top of our minds. My husband and I live next to the 1st green on the course. We moved to Eden Prairie from Southwest Minneapolis about 3 years ago. Our main criteria for our new home was the property needed to have adjacent open space. The Bent Creek Golf Course and the green space that Eden Prairie has a reputation for having was a perfect choice. Our backyard is small and awkward, obviously plotted with the gold coarse in mind. Regardless of this, we chose this house because of the open space and we felt we would the open space and the home for a very long time. Our lives over the past few years, have felt like we have been in somewhat of a "holding pattern" due to not knowing the destiny of the open space that we so value. We questioned whether we should invest in the house, sell now, or stay & wait it out. We figured who would buy a house knowing that construction could be happening right in their backyard. We choose to stay&wait it out. We continue to be concerned about the possibility of the decreasing value of our home, a home that we have worked so hard to get. My husband and I appreciate your hard work on this matter. We look forward to hearing the progress on this matter at that next council meeting. We fully support the decision to zone Bent Creek "golf course". Best Regards, Jill Johnson 7123 Howard Lane Eden Prairie, MN 55346 Original Message From: Rob Johnson [mailto:rjjohnson@hotmail.com] Sent: Thursday, February 08, 2007 8:41 PM To: Sherry Butcher; Philip Young; Brad Aho; Scott Neal; Jon Duckstad Subject: Public Testimony Bent Creek Golf Club Dear Governing Body of Eden Prairie: I have been a member of Bent Creek Golf Club for about 12 years. I have been a resident of Eden Prairie for almost 30 years. For selfish reasons, I would like to see Bent Creek remain a golf club. For other reasons as a citizen of Eden Prairie these many years, I would like to see a proactive stance for maintaining green space and protecting what little open land remains in Eden Prairie. My family and I enjoy what Eden Prairie has offered us in its parks and other amenities. I encourage you to stay the course to keep the golf courses and open space protected in Eden Prairie. I thank you for your thoughtful deliberation on this matter. Respectfully, Rob Johnson, M.D. From: William H Kittelson [mailto:William_Kittelson@fosterklima.com] Sent: Thursday, February 08, 2007 2:23 PM To: Scott Neal Subject: Bent Creek land Dear Mr. Neal: I agree with the owner's position: they ought to be free to offer the land for sale at market value - and sell if they wish. If the private golf club members and neighboring property owners deem the property valuable to themselves, for whatever reason, then they ought to pay for the right to use or enjoy the land, even as a golf course. Let a payment at fair market value in terms satisfactory to the owners and property tax increases on the neighboring properties support the continuation as a private golf club. If the city is willing to ignore private property rights in this case, none of us is secure in the property we own within the city limits; and that is totally unacceptable to this American citizen, a resident of Eden Prairie. Bill Kittelson Eden Prairie 20+ year resident Original Message From: George Kotars, Sr. [mailto:geksrguy@msn.com] Sent: Friday, February 09, 2007 12:03 PM To: Brad Aho; Sherry Butcher;jduckstad@edenprairie.com; Kathy Nelson; Philip Young; Scott Neal Subject: Public Testimony Brnt Creek Golf Course Greetings, my name is George E. Kotars, Sr. I live at 14436 Fairway Drive in Eden Prairie where I own a condominium unit. I have lived there for six years, come April. I purchased the home from a former employee of the builder/developer of the property. She was the original owner of the unit. She told me more than once during the transfer process that the golf course property would always remain a golf course because of an agreement between the developer and the city. "It will be forever green", is what I recall her saying. The thought of that appealed to us very much and was a strong incentive to our purchase. We enjoy living here very much and we want very much to see the agreement maintained. We also feel the beautiful open area is something enjoyed by all who drive by and is therefore a subliminal asset for the City of Eden Prairie. Thanks to all of you for your diligence in seeing that the right thing is done. Do not be bullied. George E. Kotars. Sr. From: Ruth [mailto:Rufuslarsl@comcast.net] Sent: Friday, February 09, 2007 8:03 AM To: Philip Young; Brad Aho; Jon Duckstad; Scott Neal; Sherry Butcher; Kathy Nelson Subject: Public Testimony Bent Creek Golf Course Being residents of Eden Prairie for over 26 years, we have seen many changes to the city, most of which we agree with. The city seems to have had a good long range plan with regard to development. Developing Bent Creek into housing seems contrary to this planning. We have been members of Bent Creek since inception and played the golf course before it was Edenvale. We currently live in Cardinal Creek, and prior to this actually lived on the golf course, enjoying the open feel and wildlife. The current owners of Bent Creek purchased it as a golf course knowing full well that it would be operated as a golf course. Upon the death of his business partner, it appears he wants to change the rules. As a taxpayers, members of Bent Creek, and full supporters of the little remaining open space in Eden Prairie, we are backing your decsision of rezoning this as golf course property. Thank you, Don and Ruth Larson 13368 Cardinal Creek Road Eden Prairie, MN 55346 952-934-7175 From: d.lofland@att.net [mailto:d.lofland@att.net] Sent: Wed 2/7/2007 3:55 PM To: Philip Young; Jon Duckstad; Sherry Butcher; Brad Aho; knelson@edenPrairie.org. Subject: Public Testimony Submission re Bent Creek Golf Course Dear Mayor and Council Members, I am writing in support of keeping Bent Creek Golf Course the open space it was originally intended in the PUD when our community was first developed. In 1990 when my husband Jack and I were looking for a home, we settled in the Kings Forest Development because of the beautiful property on which our house is situated as well as the golf course and open space our property backs up to. The combination of privacy and quiet, wildlife corridor, and a large visual expanse of open space was what we spent years looking for before we decided to buy and locate here to start our family. We have invested many financial and personal resources designing our home and landscaping to enhance the already naturally endued property on which our home is situated. My husband Jack and I concluded this community was well-planned and would remain with large lots and open space for a number of reasons. First, in our observations of the layout and design of the community, the integral value of this up and coming new suburb was its well-planned integration of housing developments with parks, wetlands, golfcourse/open space, commercial and retail resources. Our realtor Edina Realty promised us the land in our backyard would never be developed. because it was part of a PUD. As a taxpayer in Eden Praire for over 20 years, we hope our dollars will go to fight any proposals to mar our beautiful community with an unplanned, ad hoc attempt to cram in more land development in an area of land that was never meant for it. Thank you for your consideration. Jack and Dona Lofland 6830 Canterbury Lane Eden Prairie, Minnesota 55346 952 949-6711 From: wadem@northerntool.com [mailto:wadem@northerntool.com] Sent: Friday, February 09, 2007 11:52 AM To: Kathy Nelson; Sherry Butcher; Philip Young; Brad Aho; Jon Duckstad; Scott Neal Subject: Public Testimony Bent Creek Golf Course My name is Wade Mattson and have followed with great interest and concern the hearings surrounding the Bent Creek Golf Course and it's future. I'm an avid golfer and a member of the course. The opportunity to join Bent Creek factored heavily into my decision to move my family to Eden Prairie from Victoria two years ago and I have been extremely happy with the decision. From the championship caliber play with Men's club to spending weekend afternoons with my two daughters (8 and 4 years old) walking (and even playing)the course Bent Creek has really added to my families quality of life since the move. I would hate for the city to lose this golf course and am strongly against any proposed development. Wade Mattson Director of Marketing Northern Tool & Equipment (952) 895-6810 wadem@northerntool.com From: PMille@aol.com [mailto:PMille@aol.com] Sent: Thursday, February 08, 2007 7:20 PM To: Brad Aho; Sherry Butcher; Savebentcreek@aol.com;jducstad@edenprairie.org; Scott Neal; Kathy Nelson; Philip Young Subject: Public Testimony Bent Creek Golf Course To the Eden Prairie Council, City Manager and Staff, My name is Phil Millevolte. I am a 46 year taxpayer in Eden Prairie and still a resident and a rental property owner. I have played the Eden Prairie Golf Course, the Edenvail Golf Course, and I have been a member of the Bent Creek Golf Course ever since it has been so named. My wife learned to play golf there and my children learned to play golf there. It provided a wonderful healthy outlet for my wife and I and for my children as they grew up. Fortunately for me, it is the least expensive golf clubs to join within the metropolitan area. I was also a member of the Eden Prairie Industrial Commission during the late sixties when our guide plans were introduced and the PUD zoning was introduced and passed. I want to compliment the council for taking a difficult stand to protect our PUD commitments and to retain Bent Creek GC as a golf course. I can't imagine what would happen to all the open land dedicated under the PUD's, if this commitment to Bent Creek GC is overturned against the wishes of the taxpayers of Eden Prairie. I would have to ask the question, what would happen to all the other dedicated open spaces covered by PUD's in Eden Prairie, in the State of Minnesota, and in other states using PUD's. Would PUD commitments become only temporary commitments? Would all PUD owners be able to sell off their open space for further development? There are three points I would like to add for your consideration: (a) the potential impact your decision might have on PUD set asides throughout the state, and (b) the criteria of set aside land within a PUD, and (c) the possibility that Mr. Hertog knew of the guide plan, the PUD and the commitments within the PUD before purchasing the golf course. (a) My concern is, if what was originally set aside as open space within a PUD is subsequently sold independent of the PUD, and the new buyer is free to do anything they want with it (within the guide plan, zoning, and variances thereof), then the dedicated open PUD space becomes undedicated and meaningless throughout Minnesota, and all other states using PUD plans. You may be facing that situation here at Bent Creek. (b) The night the council finally approved the PUD, it was stated that set aside acres within the PUD would NOT include unbuildable land such as lakes, ponds, swamps and bogs. It was too late to include this verbiage in the ordinance, but the mayor assured us that this would be the case and to trust your city council. "This is a trust ordnance" were his exact words. So for all these years we have trusted. As you may know, the south side of Bent Creek is predominantly flood plain, slew, lots of bog and a creek. Some of the bog area has been stabilized with subsurface matting three feet under fairways 10, 11, and 12. The remaining fairways are all in a flood plain and frequently flood a couple times a year. If for some reason this does become an issue, I would hope the city would continue to apply the intended standards. The point is that most everything that was buildable on the south side has been built on. I am hoping this is a moot point since the set aside acreage has already been negotiated with the Edenvale Land Corporation PUD. (c) I find it difficult to believe that Mr. Hertog was not aware of the restricted use of the golf course before purchasing the property. I believe he was associated with the property in a professional way long before he bought a significant share. I don't believe the price he paid for his share represented the cost of development land at the time. During the attempt to sell the course to the City, its value as development land was never mentioned. All of his actions as an owner were only indicative of an intent to improve and grow the golf course as a viable business. Large sums of money were spent on improvements, developing the wonderful greens and fairways, extending the length of the course with new tee placements, the planting of many trees, and several clubhouse additions and improvements. Conversely, after his partner passed away, and the heirs decided they wanted to cash out, and the highest and best value for the land were requested and revealed (at the end of the real estate boom) the operational strategy at the golf course changed abruptly. Maintenance was told to do maintenance only and cease any improvements, and then the course superintendent was suddenly fired after 33 years of exceptional service and his responsibility turned over to an assistant. Similarly, cutbacks in clubhouse hours and staff have been instituted. These are obvious strategies of management not intending to grow a business, but bleeding everything out of it before selling it off. No one can blame Mr. Hertog from trying to get as much money for the property as he could. However I view his lawyers statement that he had no knowledge of the restriction as dubious. And while he has the enormous wealth to pursue this pot of gold through every legal technicality, I don't believe it should be based on half truths or pretense. I would like the council to ask Mr. Hertog under oath if he had any prior knowledge or concern that the golf course was part of a PUD, and where in his professional opinion did he think the required open space was allocated. As the Braur Associates Study reported in 1969, the one unique and predominant reason people moved to Eden Prairie was for the space. This is the reason the PUD ordnance was passed in the first place, and wealthy legal maneuvering should not usurp that commitment to the taxpayers of Eden Prairie. I commend the city council and staff for their efforts to defend that commitment. Thank you very much. Very truly yours, Phillip L. Millevolte ----Original Message From: Mary Philipsek [mailto:mphilipsek@apple.com] Sent: Thursday, February 08, 2007 11:08 AM To: Scott Neal Cc: Kathy Nelson; Sherry Butcher; Philip Young; Brad Aho; Jon Duckstad Subject: Public Testimony Bent Creek Golf Course- Mary P Importance: High Scott, My name is Mary Philipsek. My husband and I own a home at 8605 Windward Circle Eden Prairie, MN 55344. So we are tax payers here in Eden Prairie. I have been an Eden Prairie resident since 1984. My husband actually teaches Community Education Classes here and we plan to retire and live here as long as we can. I also have been a member of the Bent Creek Golf Course (previously EdenVale) since the late 1980s. I was devastated to hear that the City Council had been approached by the current owners of the Bent Creek Golf Course requesting the council consider changing the Zoning to allow development of the property. Please accept my plea to avoid making this change to our community. I believe that we need to preserve our open spaces. Over the years I have enjoyed watching the wild life co exist on the course. I have seen a Red Fox, lots of deer, and beautiful cranes. The homes surrounding the course are classy and I have hosted many Apple client and vendor events at Bent Creek. In my current job, I travel all over the US. I truly appreciate how affordable and accessible Bent Creek is for me and other members that I see every weekend through the summer. I had hoped to continue to golf at Bent Creek through my retirement years. Please support keeping this a golf course in our community. Thank you for your consideration. Respectfully, Mary Philipsek Mary Philipsek Apple Specialist Channel Executive 8605 Windward Circle Eden Prairie, MN 55344 Voice: 952-941-2044 Fax: 952-829-9521 Cell: 612-308-9529 mphilipsek@apple.com From: Lisa Rolf [mailto:Lisastep5678@comcast.net] Sent: Friday, February 09, 2007 11:15 AM To: Scott Neal; GRP-AllCouncil Subject: PublicTestimony-Bent Creek Golf Course: An Uber-Zoning District? Dear Council Members and Scott Neal, My name is Lisa Rolf and I live at 6923 Canterbury Lane, along with my husband and two children. We live across the street from the houses that back up to the course. My house was built before the Edenvale PUD. My house is not inside the actual boundaries of the PUD, but is nearby.We have lived at this address for over 10 years, paying taxes the whole time. I presented some comments at the Bent Creek Public Hearing on February 6. At the Tuesday hearing, I spoke about my family's bird watching activities, and the fact that we selected our house because of its proximity to the golf course, after looking at many houses on Canterbury Lane over a period of 4 years. We love Canterbury Lane. I would like to add a few additional comments for your consideration on this issue. At the time the Edenvale PUD was being negotiated, there were public hearings that took place for the then homeowners in my neighborhood. I read some of the letters sent to the homeowners on Canterbury Lane, and the surrounding streets. The proposed developers of the Edenvale PUD promised the owners of my house and the surrounding houses that the golf course would always remain a golf course, would never be used for building sites, and that it would enhance the value of my house in the future. Now it is the future. How long was this developers promise supposed to last? If an interloper tries to steal what was promised to my family, who should fight for us?You should. Here's why: As I listened to the owner's attorney, Mr. Malkerson, make his arguments on Tuesday, I was struck by a couple of things. First, the fact that the owner keeps relying on the golf course litigation in surrounding communities. And Second, that the current owner doesn't feel bound by anything in particular in developing the golf course as he chooses. He is wrong on both counts. I think that the biggest problem with the owner's arguments is that the Bent Creek Golf Course is included in a PUD. The other golf course litigation, which I hope will allow other communities to keep their golf courses, is different than our situation because those golf courses were not part of a PUD. So what is a PUD anyway? Why is the word "planned" such a big deal? Before the first foundation was dug, and before the first board was hammered in the Edenvale PUD there were fierce negotiations between the city council and the proposed Edenvale developer about where the PUD would be located and how it would be structured. Why were the negotiations so fierce? Because from the City's point of view a PUD provided the developer with a huge degree of flexibility in being able to design streets, alter housing densities, and provide for areas of commercial activity with much less day to day oversight from City Hall. And in those days it was a small rural City Hall. So the PUD gives the developer of a huge parcel of land, a tremendous degree of flexibility in designing a tract of land for maximum profit. In exchange, since the City was turning over the design authority for such a huge section of the then nearly rural community, the City had to make sure that certain aspects of the design would be nailed down forever. Park land was a critical aspect of the design that had to be approved and locked in, in advance. If you look at other aspects of the PUD's design you can see that the design tried to do some innovative things with the "outlots," and when you read that word "outlots", think"mini-parks"that were allocated to each neighborhood association. In retrospect the outlot idea was doomed to failure, but for a small city hall with few resources to manage city parks at the time, I can see why the outlots looked attractive. The City wanted to make sure that 25% of the 1000 acre parcel would always be park land or open space for the residents of the future. The developers of Edenvale couldn't make the 25% park land, open space requirement unless they included the golf course as a golf course that would always be there in the future and never used as building sites. It functions as a park, even if it is private, because it provides open space. And for the denser townhouse buildings it provides what Japanese architects call "borrowed landscape."Your townhouse might be a bit smaller, and the actual land might be postage stamp sized, but the concept works because when you look outside your window, you feel like you are living on the grounds of a castle. The more townhouses the developer's built the more their profits. Now think about this from the Edenvale developers point of view. I assume that buying up 1000 acres of farmland in the 1970's time of high interest rates and high unemployment ( remember stagflation?) was a high stakes gamble. The developers had to be able to sell a certain amount of the land as housing and commercial development to make the gamble a success. However, park land and open space did not directly translate into profits for the developer. Hence the Edenvale developers resistance to the city council's park land requirements. That is why it seemed like pulling teeth for Mayor Redpath and the other council members to extract the promise that the golf course would always be a golf course, and never used as building sites. I think the developers agreed to the idea because they would never have been able to convince the city to give them the permits for the PUD otherwise. And remember with the time bomb of high interest rates ticking away the developer had to get the project built or fail. The park land and open-space promises that were made as a prerequisite to building the Edenvale PUD are qualitatively different from any other kind of promise made to a City Council (and by extension all of the citizens of Eden Prairie, then and now.) Let me say that again for effect, "qualitatively different." By trying to weasel out of the promise that the golf course would always remain a golf course and never building sites, the current owner would put the city and all of the residents of Eden Prairie in a horrendous position. The city can't afford to go out and purchase 105 acres of contiguous land to remake a park in 2007. The cost of such an endeavor would bankrupt the city. That is precisely what Mayor Redpath knew. You have to get it right at the beginning because the price of failure would be catastrophic.There is not a single person I have ever spoken with who ever considered that the Bent Creek Golf Course would ever be anything but a golf course. There is a mountain of common experience in this understanding. This mountain of common understanding is sitting right on top of Mr. Hertogs head. He can't deny that he knew about the restrictions on Bent Creek unless he came from the planet Mars. There were other pieces of property that did not have the kinds of promises associated with them as the Bent Creek Golf Course had. For example, as a teenager growing up in Bloomington, my Dad always pointed out the Mann France Avenue Drive In on 494 and France. My Dad said that the drive in was a land holding device so the owner could pay the taxes on the property until some years in the future when it would be sold for expensive development. Ditto for the Hedberg Gravel Pit. Now, both of those parcels have been developed as office building or residential units. We all expected this. But the Bent Creek Golf Course is the center of our community and everyone knows that it will always be a golf course. In exchange for the flexibility to build profitable housing and commercial development the Edenvale Land company helped create an "uber-zoning"district in which park land and open space can never be exchanged merely for profit. It is locked into the design forever and can't be changed. This is for the good of the community. Best Regards, Lisa Rolf From: Peter E. Russell [mailto:prussell2@comcast.net] Sent: Thursday, February 08, 2007 12:00 PM To: Kathy Nelson; Sherry Butcher; Philip Young; Brad Aho; Jon Duckstad; Scott Neal Cc: steve.chelesnik@emersonprocess.com Subject: Public Testimony Bent Creek Golf Course Ladies and Gentlemen— As I have not been able to personally attend the recent City Council meeting discussions pertaining to the Bent Creek golf course issue, I wanted to write you to register my strong opposition to any possibility of re-zoning the land in questions for development other than that involved in improving the golf course. When the land was originally set aside as green space/golf course, there were certain stipulations made to the developer in the form of a PUD, namely that in exchange for being allowed to develop multi-unit housing on the South side of Valley View road, the area containing the golf course would not be developed. Aside from the fact that that owner has now passed away and his heirs and business associates want to profit from the sale of the land to a developer, the binding contract between that developer and the City has not changed. As such, the land in question must be retained as part of the original agreement stipulates. I urge you to work diligently to ensure that the golf course remains just that, and that the limited amount of green space still remaining in Eden Prairie remains undeveloped. Respectfully yours, Peter E. Russell 7228 Howard Lane Eden Prairie, MN 55346 Cell phone: (952)210- 7168 .400J 4t },A1,*= $.4011011s04r144104**o4+w#i4tin4 4m** * 0411144*++ eitoo-4 041,0A 4A41►$f'+Ri t From: DizzyLizzie09@aol.com [mailto:DizzyLizzie09@aol.com] Sent: Friday, February 09, 2007 9:35 AM To: Kathy Nelson; Sherry Butcher; Philip Young; Brad Aho; Jon Duckstad; Scott Neal Subject: Public Testimony Bent Creek Golf Course My name is Liz Rustad. I live at 16201 Hillcrest Lane. I have been a taxpaying resident since March of 1973. I began playing golf at this course when it was Edenvale in 1983. I, along with fellow members and neighbors, am obviously very saddened at the prospect of losing this beautiful property to a developer. I keep my membership simply because I love the game of golf, also, because the people there are real people. Bent Creek has been an affordable venue for those of us who enjoy the benefits of a private golf club. I applaud your efforts on behalf of all the members and neighbors to see this through. I know that you are carefully considering all aspects of this situation. For example, the importance of retaining green space in our community. I was pleased to see in the Eden Prairie New that a Conservation Committee has been established to find ways to encourage environmental responsibility. Thank you for all you are doing Jeff Strate 15021 Summerhill Drive Eden Prairie, MN 55346 Phone: 952-949-8980 February 9, 2007 Mayor Phil Young, City Council Members Sherry Butcher, Brad Aho, Kathy Nelson, John Duckstad, c/o Office of the Manager City of Eden Prairie 8080 Mitchell Road, Eden Prairie, MN 55344 Re: Rezoning of Eden Prairie Golf Courses Dear Mayor and Council Members: The rezoning of Bent Creek Golf Course should be approved by the City of Eden Prairie City Council during its next meeting on February 20th,2007. I agree that the City's initiative regarding the rezoning of all golf course lands in Eden Prairie is necessary to clarify a land use designation and its comprehensive guide plan. Only the representatives of one set of golf course owners,the ones speaking for Bent Creek Golf Course, are claiming that the rezoning is "illegal"and"unconstitutional." My understanding is that the owners of any land encumbered by any kind of zoning,can still approach the City Council with a development proposal. Should they choose,owners of Olympic Hills, Bearpath and Glen Lake golf courses CAN come forth with development proposals in March but, as before the zoning change,will still need to make a good case to the City Council. One of the primary functions of local government is to provide residents with a sense of security that their neighborhoods will not be altered in ways which betray their personal and communal values. The Edenvale Planned Unit Development agreement provides that kind of assurance and, before the Bent Creek issue came forth,was referenced by the City and residents (including myself as a co-leader of the Edenvale Conservation Group)in the defense of protecting scores of homeowner association outlots -green space and green corridors throughout the Edenvale PUD - from being sold for development. Thank you in advance for approving the rezoning of all the golf courses in Eden Prairie and including this letter in the public record. Most sincerely, Jeff Strate President, Friends of Birch Island Woods Eden Prairie/Minnetonka Original Message From: Daniel Woolsey [mailto:macsapiens@hotmail.com] Sent: Friday, February 09, 2007 10:02 AM To: Scott Neal Subject: Bent Creek Golf Course Dear Mr.Neal, We searched for a home for over a year. Last year we purchased our home at 6639 Canterbury Lane. We made our selection based entirely upon the neighborhood. Specifically because it was heavily treed and has large lots making it low density, very quiet with almost no traffic, and bordered by Forest Hills Park and Bent Creek golf Course, and is very close to Birch Island Woods and the Hennepin County Trail. During our due diligence period city staff insisted Bent Creek would remain open, green space. We are counting on you to ensure it does. Respectfully, Daniel Woolsey 952-974-1223 02/09/200T FRI 11: 25 FAX 612 34a 1414 HALHERBONGILLTLAHOHARTIr: MALKERSON GILLILAND MARTIN LLP 220 SOUTH SIXTH STREET,SUITE 1900 MINNEAPOLls,MN 55402 TELEPHONE(612)344-1111 FACSIMILE(612)344-1414 FACSIMILE COVER SHEET DATE: February 9,2007 Number of Pages Including Cover. FROM: Bruce D.Malkerson,Esq. Direct Dial Telephone No.612.344,I699 E-Mail: bdm@mgmllp.cona • SUBJECT: Please deliver the followingpa es to: � � at a iC�� �Y a, J � I ya R � y� �F�Y�y�r�i, '•; {Y •i yy r r�r n i�7J 5 S� y� III ID T9G J[J[1i 11l�?< Mw City of Eden Prairie 9521949-8589 Office of C y Manager ORIGINAL: ❑NOT MAILED ❑MAILED 0 SENT OVERNIGHT COURIER COMMENTS: Attached aresubrnissions for the record in the Bent Creek zoning matter. IF YOU HAVE QUESTIONS REGARDING THIS FAX TRANSMISSION, PLEASE CALL ELIZ.ABETTH HANSON-DUSNECAY AT 612,455.6645. THANK YOU. THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL INFORMATION INTENDED ONLY FOR USE OF THE INDIVIDUAL OR ENTITY NAMED MOVE,. 1i•'WE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIEDTHATANYflISSMIINA11ON,DLS'IIUSIITIONORCOPYINGOFTAISCOMMUNICATIONISSTIUCT YPROuBIED.IFYOUHAVE RECEIVED MISC:OMMUNICA•1TON IN ERROR,PT.FASEI n EDIATELYNOTI YUSAYTELEPHONE•.ANDRIIIURNT#IEORS.IGINALMESSAGE TO DS ATTHP ABOVE ADDRESS VIA THE U.S.POSTAL SERVICE. THANK YOU. 1 11208.DOC,'I O2/09/2007 FRI 11: 26 FAX 612 3414I 11114 RALKERSONGTLLTLANDRARTTN iovv FVV, 0249-100. 10:42am From-HONSA MICHALES 47637979857 T-750 P.002/003 F=611 HONS A AWNS M.HQNSA 1vMARXLYN ). MICHALES MICHA1. ES np4OC1AT65 LISA M. MEI$R February 9, 2007 ritclepS5loNAL ASSociATtorr rl_sr cCA L. x1lxHly ATTORNflYS AT LAW Mayor and City Council Members do Office of the City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 Re: Proposed Rezoning of Bent Creek Golf Course Property Dear Mayor and City Council Members: '. I am submitting this letter in my capacity as representative of the general partner and one of the 19 owners of Golfview Investment Co. III, which owns the Bent Creek Golf Course property, and the President of Bent Creek Golf Club, Inc., the entity that operates the Bent Creek Golf Course. We previously submitted a letter dated November 10, 2006 to the City Planning Commission that objected to the proposed re-guiding and rezoning of the Bent Creek property so that the property is restricted to use solely as a golf course. Mr, Hertogs submitted that letter as an individual and as the officer of the two entities involved. However, in case there is any doubt, on behalf of and as President and General Partner of the two entities, Mr. Hertogs adopted the contents of that letter and all comments made by his attorneys and written communications from them to the City in the past and related to the City's ongoing process to rezone the Property by reference on behalf of Golfview Investment Co. III and Bent Creek Golf Club, Inc. I can only hope that as officials of the City of Eden Prairie you will not be persuaded by the reckless, unsubstantiated and frankly defamatory remarks made by several individuals on that occasion. I feel compelled to address the comments those individuals made. I am particularly concerned about the obvious appearance of impropriety which exists relating to the comment made by Sieve Chelesnik, a licensed attorney_ In particular Mr. Chelesnik,who is not a member of Bent Creek Golf Course but is one of the adjacent home owners, seems to have a unique relationship with City staff and various city council members. For example, at one of the public hearings on tan evening when the Bent Creek wafter was before the 5500 wAYZATA ROULEVAIRLI, SUITE 7U?5. MINNEAP'OL15. MINNIrSOTA 55416 TELEPHONE: (76N) 797-9555 FACSIMILE; (763) 797-9357 02/Q4/2007 FRI 11:27 FAX 612 344 1414 MALKERSONeILLILANDMARTIN vvafvva 02-08-2007 10:42sm From-HONSA MICHALES +t63T079857 T-750 P.003/0D3 F-fill Mayor and City Council Members February 9, 2007 Page 2 City Council, Mr. Chelesnik was applauded by Council members for his company's$100,000.00 contribution to the Eden Prairie Hockey Foundation. In conclusion, Mr. Chelesnik referred to the ownership of the Bent Creek property as a "bully" and stated that the owners were taking a "my-way-or-the-highway„ approach to the proposed zoning ordinance and comprehensive plan amendments. I believe this is a very apt description of the approach the City has taken here, not that of the property owners. Adopting land use regulations that restrict private property to one use while refusing to even discuss alternative options with the owner of that property is the very essence of a bullying, "my-way-or-the-highway" approach. We ask one final time that the City not take this approach. Very truly yours, PineNf . 41r2-ter-des Maril J. Mic ales N1 Milli 02/09/200.7 FRI 10: 56 FAX 612 344 1414 HALREREONGILLILANDHARTIN [g,Ivvl.,uG> MALKERSON GILLILAND MARTIN LLP 220 SouTii Slx-rH STREET,SurrE 1900 MINNEAPOLIS,MN 55402 TELEPHONE(612)344-1111 FACSIMILE(612)344-1414 FACSIMILE COVER SHEET DATE: February 9,2007 Number of Pages Including Cover: 2,1 FROM: Bruce D.Malkerson,Esq. Direct Dial Telephone No. 612.344.1699 E-Mail: bdm@mgmllp.com SUBJECT: Please deliver the following pages to: .�.. ..-ywy��y y1h�y,, �.., I,l �' i ii'111Jr.O.7,.).L'vE'i tilt ti l lErtL3 F F y� far I 'a z� FAIL'A XTTsnp v I l t� +e M i fi ° v • li, LT11<7 s;C��•�, �l ..CI.I�.C�:-2i�.._ ..�.,..ti:.3. 1 , .. • .. ,�,�.lir�7 i!�. ., :�i r,i,r i „L.S�..`,!! City of Eden Prairie 9521949 5589 Office of City Manager ORIGINAL: ❑NOT MAILED ❑MAILED ❑SENT OVERNIGHT COURIER COMMENTS: Attached are submissions for the record in the Bent Creek zoning matter. IF YOU HAVE QUESTIONS REGARDING THIS FAX TRANSMISSION, PLEASE CALL ELIZABETH HANSONDUBNECAY AT 612.455.6645. THANK YOU. IHi !NFORMAITON CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL LNI•-ORIvutTION INTENDED ONLY FOR USE OF THE LNDIVIDUAI.OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,YOU ARE HE1LETIY NOTIFIED THAT ANY DISSEMINATION,DISTIUDTJTION OR COPYING OF THIS C.omMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECF.rVF,D THIS COMMUNICATION TN ERROR,['LEASE IMMEDIATELYNOTIFY US BY TELEPHONE,AND RETURN THE ORIGINALMT 5SAGE TO US AT THE ADOVl;ADDRESS VIA THE U.S.POSTAL SERVIC:F THANK YOU. 11120B.DOC;'1 4, 02/09/2007 FRI 10:56 FAX 612 344 1414 MALKRR6ONGILLILANDMARTIN {aUVLrvLa M. ALKERSON GILL LAND MARTIN LLP 1900 U.S. HANK PLAZA SOUTH TOWER 220 SOUTH SIXTH STREET MIHNEAPOLis, 14INHEEDTA 55402 TELEPHONE 512-344-1 1 1 t FACSIMILE 612-344.- 1414 I� MEMORANDUM TO: Mayor and City Council for the City of Eden Prairie cc: City Manager FROM: Bruce Malkerson, Esq. Howard A. Roston,Esq. Patrick B. Steinhoff,Esq, RE: Re-zoning of Bent Creek Golf Course Property File No. 1782.001 DATE; February 9, 2007 As you may recall from past correspondence,we represent Sam Hertogs, majority owner of the Bent Creek Golf Course property (the "Property") through his interest in the general partnership Golfview Investment Co. III. As you know, we have objected on Mr. Hertog's behalf to the proposed revisions (the"Proposed Revisions") to the City's Comprehensive Guide Plan and Zoning Ordinance that would create new "Golf Course" Comprehensive Guide Plan and Zoning Ordinance designations and would also re-guide and rezone all golf course properties in the City (including the Bent Creek property) in accordance with these new designations. At its meeting on February 6, 2007, the City Council determined that the record of the City's decision with respect to the rezoning of the Property would be closed on Friday, February 9,2007. We object to this determination. There were a number of false or misleading statements made at the City Council meeting (e.g. that the operators of the Bent Creek Golf Course arc deliberately and unnecessarily operating the Golf Course at a loss) that merit a detailed response from Mr. Hertogs and the other owners of the Property. It is impossible for us to prepare and submit these responses in detail or as to some, at all, in such a short period of time. Moreover, the City Council has directed the City Attorney to prepare findings of fact in support of the rezoning. It is unfair for the City Council to consider those finding without a response from the owners of the Property. This process will allow the City to "cherry pick" those facts or alleged facts that support the rezoning(to the extent there are any such facts)while ignoring those that do not. This is inevitable given the fact that the Council made up its mind to so rcguide and rezone the Property in early 2005 and the process to date has therefore been a continuation of the implementation of that decision. i i 1769.DOC;2 02/09/2007 FRI 10: 57 FAX 612 944 1414 MALHERSONGILLILANDAARTIN tovu>>uc.J Mayor and City Council for the City of Eden Prairie Re-zoning of Bent Creek Golf Course Property February 9,2007 Page 2 We also object to much of the testimony that was presented at the various public hearings conducted by the City on this matter, in particular,we object to all testimony that purported to offer opinions as to the operation of golf courses (e.g. the Bent Creek management is manipulating its earnings by not charging membership fees)and as to the fair market value of the Property(e.g. the value of the Property is more than that claimed by the owner's appraiser or the owner of the Property). All of this testimony was offered by non-experts. We ask that those statements be stricken from the record. The only expert testimony and evidence was submitted by the owners of the Property and the owners' representatives, who are genuine experts in the fields of golf course management and real estate valuation. • After reviewing the minutes of the January 16, 2007 Council meeting which were just approved and made available to us, we believe that it is necessary to respond to some statements made by a member of the City Staff. At several of the public hearings the City has conducted regarding Bent Creek,various members of the public have alleged that the previous owner of the Property, Edenvale Development Corporation, committed to preserve the Property as a golf course forever as part of a density trade-off whereby the previous developer received density concessions elsewhere in the City in exchange for a promise to not develop the Property. In response to those allegations, we have stated repeatedly that there is no evidence of such a "trade-oft" in the City's records regarding the Property, and, even if there was some kind of "trade-oft" agreement, it would be impossible to enforce it against the current owners of the Property because there is no way that the current owners could have known about it(because it was not recorded in the chain-of-title to the Property, incorporated into the City's zoning ordinance, etc.). Until January 16, 2007, the"trade-off' argument had never been endorsed by the City Staff. However, the minutes of the January 16th meeting include the following statement; [City Planner] Franzen said the course was a tradeoff for density bonus and setback variances. The planned population of 18,000 to 19,000 is a large population for the acreage, especially since some of the area is industrial. The open space provides relief to the density allowed. Nelson asked if the City had always balanced development with cash park fees and parkland. [Parks Director] Lambert said since the early 1970s, the City has required dedicated park land or fees. Edenvale received fee waivers for dedicating parcels as open space, and the golf course counted toward that open space. The expectation is that dedicated open space remain open. As the City became more sophisticated in its contracts, • it required conservation easements over subsequent golf courses. January 17,2007 City Council Minutes,p.7(Exhibit D. i 3 1 769.DOC;2 02/09/2007 FRI 10: 57 FAX 512 344 1410 MALH£RSONGILLILA!DIARTIN igaVlime Mayor and City Council for the City of Eden Prairie Re-zoning of Bent Creek Golf Course Property February 9,2007 Page 3 In response to these statements by members of the City Staff, we make the following observations: 1. Edenvale did not dedicate the Property to the City as open space or anything else. There are no documents in the record that establishes that the golf course was a"tradeoff for density bonus and setback variances." If there were, Mr. Franzen (or some other member of the City Staff) presumably would have identified it by now and produced it for the City Council's review. In any event, such a trade-off agreement would be unenforceable against subsequent purchasers of the Property if those subsequent purchasers had not been filed in the chain-of-title to the Property. 2. Regarding Mr. Lambert's statement that Edenvale received park dedication fee "waivers" for maintaining the Property as a golf course. When the City changed its policies to require cash fees in lieu of land dedication in 1977, the City Staff(in determining whether to retroactively apply the new fees to the Edenvale development)calculated the amount of credit Edenvale should receive based on the cash value of its previous dedication of parkland and open space to the City. The City specifically excluded the Property from this calculation. The City Staff recommended, and the City Council approved,to waive retroactive application of the new cash park dedication fee requirement for the Edenvale development based on Edenvale's actual land dedications to that point, which did not include the Property. See April 29, 1977 Cash Fee Report,p. 3 (Exhibit 2), 3. In the calculation of open space in the original Edenvale PUD application, the Property is not included as open space for which the developer received park dedication credit. Supplemental Information for Edenvale PUD Application 70-4,p.2 (Exhibit 3), The Property is also not included in the total Edenvale acreage for purposes of calculating the amount of • open space the developer was required to dedicate to the City (the dedication requirement is calculated based on 881.5 acres, which is the 997.0 acre total Edenvale land area minus the 115.5 acreage of the golf course at that time). In other words, the City (then the Village) did not treat the Property as dedicated open space or as land designated for development. This is consistent with the Property's zoning in a Rural "holding area" zoning district and with its status as a series of outlots on the Edenvale Second Addition plat. U U 1769.00C;2 02/09/2007 FRI 10:57 FAX 612 344 1414 MALKERSONGILLILANDHARTIN 111.1:21 va3 Mayor and City Council for the City of Eden Prairie • Re-zoning of Bent Creek Golf Course Property February 9,2007 Page 4 4. Mr. Lambert notes that the City subsequently required conservation easements from other golf courses (as the City has required from the owners of Bearpath and Olympic Hills)as it"became more sophisticated." This is essentially an admission that the City did not take legally sufficient actions to preserve the Property as open space forever. Due to a possible clerical error, our memorandum to the City Council dated December 1, 2006 may have included an incorrect exhibit_ The text of the memorandum correctly stated that appraiser Robert Strachota of the Shenehon Companies had determined that the value of the Property under the current, but soon to be changed Rural zoning and the now former Quasi- Public comprehensive guide plan designation was S10M-S12M. However, the letter from Mr. Strachota attached as an exhibit to the memorandum may have been a copy of a letter on a different valuation topic that had been previously submitted to the Planning Commission. We submit the correct letter from Mr. Strachota here for the purpose of eliminating any uncertainty (Exhibit 4). As we have noted repeatedly in the past, if the City desires the Property to be maintained as a golf course forever, it should initiate eminent domain proceedings to acquire the Property and then operate it as a golf course itself. If the City desires the Property to be maintained as open space forever, it should initiate eminent domain proceedings to acquire an open space easement over the Property (which, if the City Council believes the City Staffs statements regarding the value of the Property, would cost the City very little). This is the only fair and reasonable course of action (as the City of Mendota Heights has belatedly realized with respect to its own defunct golf course). - For these reasons and the reasons set forth in our previous submissions to the City, we ask one final time that the City Council not rezone the Property to restrict it to use as a golf course forever. We are available to discuss the foregoing at 612.344.1111. 11 1769.DOC;2 02/09/2007 FRI 10:58 FAX 612 344 1414 MALRERBONeILLILANDMARTIN Igp V0/Uc7 CITY COUNCIL MINUTES January 16,2007 Page 7 Franzen said research revealed communities handle golf courses in many different ways_ Few local communities have a separate golf course designation but this is common in Florida. Other cities permit golf courses in some or all zoning districts. Uses allowable under the"public/quasi-public"designation include private open space such as association land,golf courses and country clubs. Young asked if residential development were an allowable use and Franzen said no. Duckstad asked for confirmation that the golf course was part of a larger development and has operated as a golf course continuously.Franzen said yes. Duckstad asked when the current owner acquired it.Franzen said the mid-1980s if not earlier. The golf course has undergone some modifications but has remained a golf-course under all owners. Duckstad asked if the proposed guide plan change would affect the current use. Franzen said the change would have no impact on the property as it is currently used. Butcher asked about property tax capture in the public/quasi-public designation. Neal said the taxation is separate from the guiding. He agreed to consult with the assessor and report back. Aho noted in previous discussions,Staff had indicated the property was guided public/quasi-public continuously,and the guiding would trump the zoning which was rural. Franzen confirmed this. Nelson asked if the PUD brought in the golf course as part of the parkland expectation. Franzen said the course was a tradeoff"for density bonus and setback variances. The planned population of 18,000 to 19,000 is a large population for the acreage,especially since some of the area is industrial. The open space provides relief to the density allowed. Nelson asked if the City had always balanced development with cash park fees and parkland. Lambert said since the early 1970s,the City has required dedicated park land or fees. Edenvale received fee waivers for dedicating parcels as open space,and the golf course counted toward that open space. The expectation is that dedicated open space remain open. As the City became more sophisticated in its contracts,it required conservation easements over subsequent golf courses. Nelson asked for confirmation the change from public/quasi-public to golf course is a neutral change. Franzen confirmed the change in the guide plan and zoning still allows the property to be used as a golf course. MOTION: Butcher moved,seconded by Aho,to continue the public hearing for 1st Reading of the Ordinance for Zoning District Change from Rural to Golf • Course 105.8 acres to the February 6,2007 meeting,close the Public Hearing for the Guide Plan Change;and adopt Resolution No.2007-15 for Guide Plan Change from Public/Quasi-Public to Golf Course on 105.8 acres. Motion carried 5-0. EXHIBIT 02/09/2007 FRI 10:59 FAX 612 544 1414 MALRERSONGILLILANDMARTIN 42007/U23 .,pril 29, 1977 CASH PARK FEE REPORT PURPOSE -- To analyze the Large Scale P1JDs (Preserve, Edenvale and Hidden Ponds) Open Space Plans and Facilities to determine the equity of Park Dedication requirement placed on various developments within the City. ORDINANCE NO. 332 Requires of all land development within the City "a reasonable atnonot of land for park purposes or cash in leiu of land." The ordinance defines reasonable as: . For Residential Development Single Family $275/10t Multiple $200/unit • For all other development $1,200/acre THE PRESERVE PUD as approved by the City called for Park and Recreation Land as follows: Neighborhood Park 22 acres Anderson Lakes Dedication 10 acres Easement 45 acres Purgatory Connector Trail 17 acres - Based on 1976-77 prices, the value lof the public areas-and facilities are: Neighborhood Park ($10,OU0/acne including assessments) $220,000 Anderson Lakes - 40 acres 0 $1,000/acre $ 40,000 20 acres P $30,000/acre $600,000 TOTAL $260,000 1/My Esti ate, The Purgatory Connector has not been implemented, EXHIBIT {�HvO/yF3 02/09/2007 FRI 10_ 5E FAX 612 344 1414 MALRERs0NGILLILANDRARTIN -2- If we were to assess the CASH PARK FEE against the Preserve based on today's projected total development it would generate revenues as follows: RESIDENTIAL: Single Family 700 lots x $275 's $192,500 Multiple 2,400 units x $200 = $480,000 OTHER LAND USES: 403 acres a $1,200 L $483,600 TOTAL $1,156,100 ANNEXATIONS; 55 lots x $275 $ 15,125 (Garrison) .35 lots x $275 = $ 9,625 TOTAL . $ 24,750 GRAND TOTAL $1,180,050 In addition to the public requirements of Ordinance No. 332 it provides that the City nay take into consideration private recreation areas and facilities. Assigning values to the Preserve's BOA facilities would include: • Neill Lake 95 acres a $1,000/acre - $ 95,000 . Land = $200,000 . Lake Development Preserve Center Improvements . Land 5 acres 0 $20,000 - $100,000 . Swimming Pool 8 math House $5500,000 . Tennis Courts $60,000 . Social Center 4 Support Facilities $200,000 Preserve Trails . Land 36 acres x $8,000/acre - $268,000 . Surfacing 10 mile x $25,000/mile - $250,000 Tot Lots 4 Mini Parks Construction . 3 areas x 0,000/average - $24,000 $1,717,000 ' EDENVALE'S PUD as approved by the City called for Park 6 Recreation Land as follows: Neighborhood Park 22 acres • . Purgatory Creek Corridor . East Aiea Perk 15 acres Edenvale Golf Course Based on 1976-77 prices the value of the public areas and facilities are: . Neighborhood Park (610,000/acre including assessments) $220,000 . Purgatory Creek Corridor 33 acres x $1,00Wa0$ 33,000 . East Area Park (15 Ac. 0 $3,000 Acre) $ 45,000 TOTAL $298,000 iquvy�vL� 02/09/2007 FRI 10: 58 FAX 612 344 1414 HA LRERSONGILLILANDMARTIN If we were to assess the CASK PARK FEE against Edenvale today it would generate revenues as follows: RESIDENTIAL: Single Family 400 units x $275 - - $110,000 Multiple 1700 units x $200 = $340,000 OTHER LAND USES: 223 acres x $1,300 $267,600 TOTAL $717,500 1 don't believe we should ascribe a value to the Golf Course as it is a profit oriented daily fee course. The City has not assessed the land for utility improvements which cantitutes a subsidy to Edenvale of $137,000 In addition Eden Land has offered to sell the course to the City on a couple of occasions must recently in ID for $1.3 minion. Edenvale is however entitled to credit for its internal trail system: . . Land 75 acres x $S,000/acre $225,000 . Surfacing 6 anile x $8,000/mile = $ 48,000 HIDDEN PONDS PUD as approved by the City called for Park $ Recreation Land for: PUBLIC PARR AREA. . Land 3 acres x $5,000/acre = $ 15,000 INTERNAL TRAIL SYSTEM: . Land 17.1 acres x $2,000/acre $ 34 000 ' . Surfacing 1 mil x $25,D00 = $ 12,500 $ 46,500 To assess the CASH PARK FEE would generate: 254 Single Family units x $275 $69,850 . 02/09/2007 FRI 10: 59 FAX 612 344 1414 HALRER8ON ILLII.AHDHARTIH v�aivL� -4- FINDINGS • 1. THE PRESERVE: a. The CASH PARK FEE would have generated more value than the public park dedications. b. The Anderson Lakes Dedication value of $64O OD0 covers only the land from the 840 elevation and as dependent on PILLSDURY complying with the Preserve's committment. c. The Preserve's H.U.A. facilities have a value far in excess of the value which would have been generated by the CASH PARK FEE. I don't believe "full-credit" should be given'for these facilities because of the exclusivity of the use (Preserve residents only at the pool, tennis courts, etc. - except by fee.) 2. EUENVALE: a. The CASH PARK FEE Would have generated 2.4 times the value of the public park dedications. b. The value of the H.O.A. facilities is equal to approximately 38% of the CASH PARK FEE. Again, I don't feel "full-credit" should be given. 3. HIDDEN PONDS: a. The CASH PARK FEE would have generated approximately 4.6 times the value of the public park dedication. b. The value of the H.O.A. facilities is equal to approximately 661 of the CASH PARK FEE value. Again "full-credit" should not be giver,. CONCLUSIONS I. We don't have a value to ascribe to H.U.A. facilities. 2. The PUBLIC PARR SYSTEM would have been better served if the CASH PARK FEE policy were to be applied to Edenvale abd Hidden Ponds. 3. Because the Preserve "dedicated" high value property at Anderson Lakes Park to the public parks system and invested extensively in H.O.A. facilities the value of open space commitments exceeds the value which would have been generated thru the CASH PARK FEE. 02/44/2007 PRI 10:59 FAX 612 344 1414 MALKERSONGILLILANDMARTIN 1UI1I vz� BEC-09 16:07 GREUERSUN ti'1)S'1GJ 61234%71e P,02/5? 12/09/2005 17:14 9529499392 Mei PRAIRIE PAGE 02 , • . • • • Supplemental Information for - • ldenvele PM Application 70 -- The following is a•supplement to the original application which was submitted June 16, 1970 revised for resubmission on July 1970. • The supplemental information conforms to the -Preliminary 3t'a.ff Evaluation of our proposal which wee given at the.auly 7, 1970 Plan- ' ning• Commission meeting. • - . CONCEPT STAGE EVALUAT/ON a Laid V ae Single Family - we will change our designation for si.3g1.e f 4 I y to 1 instead ofR1-1i3.5.. - - • fu ti, le Dwellir - Law, medium and. high density will be shown as - � and r13 respectively with the same densities ea shown on t e p an. Regional Retail (C-Z G) will be left as shorn. • OFC - The office coon area will, be redesignated as ((-Rl G-SER). . -Trragree with your suggestion of allowing greater flexibility thin a straight OPO designation would Imply. -Neighborhood Retail - Vs will change the designation of 0-Comm to a new designation of )C-1B) as suggested. Industrial - Industrial Park will be left as shown. 2. Transportation - We will propose Plan. B as the ehciof of alternate Iend Use Plana A and P as suggested however, we strcngIy reco mead that the continuity of Valley View Road be retained :n zany future plans; • 'lee' R.O.W. width = of yeller View will be shown as 1(0' and Baker • Road oleo as 100° as shown on our original submission. of written material. The connection to County Road 4 through Hilloreat Coi rt i�aoccov3.ded; by extending R1Z1crest Court eastward across Purgatcoy Oree1 was previ,oualy shown am the nest logical axed m:.c moat econ0al method of pro tE ig a circulation movement to the northwest This connec- tion could serve as a means for Bijierest Court to Isar.ve to eM from the elementary school, the a wohes, the park w dl playgrounds an& the neighborhood center an well as providing an ,;lte nate entrance and exit for MI Dienvale, It would also e1:,minnte a )f mile long Cul-de-sac on Billcrest Court. We feel that th:.a connection EXH..:, ..... 121T *2/09/2007 FRI 10: 59 FAX 612 344 1414 HALR£RSONGILLILANDHARTIN fa012/029 mt..—erred= 2b.lY LVftist_MMIN Nuts W mA4a4V rit, r-waelo3 , 12/69/2085 17:14 9529498352 EDEN PRAIRIE PAGE 83 , - 2 aomi would providing ng thise but connection which would definitso realise •raiat ifhaTe ely is orease the . , to traffic c -thls T1 U crest Court. Tbie cr nnecti°n ',scones snore ts i theed li desirable if �SLT connection. of Duck lake Trail is ���ted, which is questionable. We have investigated moving t,!is we connector north of Hallorest•Court so that it would o =eat into a addition but in iu est feasibility roadway in. Si llereet 3rd ` would of this we felt that this would not be desirable in t at it bisect a open area mob is a natural for park land a id also this roadway would have to be coxsstruoted through an area hi which con- siderable amount of filling might be needed.• We have time ei4 -'1rskted. a westerly eonneotion to Coin by Road 1f on. • our Land Tree Plan and. have retained the Duck Lake art melon as a possible future alternate. If the Village dedicate feels sa that tb.ea u aeeeeeet • - connection is desirable or needed, we rY right of way to provide this oommectioxk. 3. Community Facilities - A summary of public open space shorn on Plan 8 as we have calculate& is as follows: Public 11W 5.5 acres •• Public Triangle 8..4- eaves . - Public School Park 14.0 acres , - • Public Purgatory Creek l.?p acres - Public Office Area 15.0 acres - Public Buffer at Shopper 2.0 aurae - Total Public Open Space 62.6 acres . Quasi Public Golf Course 115.5 acres . - 178.1 acres _ • • Major Private Open Space 5?.? agree . Total Major Open Space 7 235.8 sows . 01 the total public open space showntsplxroixmately 11 acres are within the Purgatory Creek flood. plain I;O will no; be aredite&. 62.6 acres • • - 18.0 acres • • • Total Credited Open Space 44•.6 acres . The 5.0 park dedication required, by policy of the 'allege vrould be as follows: . Edenvale Total Acreage 997.0 sores Colt Course (quasi public)1.1.5.5 sores - - 881.5 acres - 3.0% x 881.5 acres = 44,08 acres • i • 02/09/2007 FRI 11: DO FAX 612 34a 1414 11ALXERBUNCy1LL1LANUTA.KILN • DEC.-e -2 S i6:07 GREGERSON ROSIN 6123498719 P,BA/0S 12/09/2805 17:14 9529498392 EDEN PRAIRIE PAGE 04 • • y ti . i 3 . We.have investigated providing more open space al tke slopes ' adjacent to Purgatory Creek in the southern a.ongle eaath3a lovhave gland approximately - will o'ridl same higher 'lower land jaoent to the creak. This _ l to allow fr au the creek anti.lowloands. TThistik and es space ben etaaiined as olookinsspga cam/extents G t as summarised our ppl3c Lt3an and • it mill be retained fr pnblieuse. We have also added a ately 1.1 acres ofs' g an the east side of the acre public recreational ac:e ato beon dedicated north of the C- SER area. a • will also be provided as-open space by covenant and ail be retained for public use. minimum of 50 feet either side of Purgatory Creek aill be deli.- ' Gated to the area east of Billcreat Court as suggested in Maur . evaluation and, as stated in your Ordinance NO. 110. Quasi Public Eden band Corporation -will issue assurances o@ the a Lghteer. rprp hole golf course m ich will guarantee its use as reereati mad ].and' so that • it will not be developed into building sites. 4. Common Area and Pac lities The, private open-space will be regulated and maintained by an association as described in the attaohed dooumente . The types of facilities to be-included in these prilutely owned open spaces are shown on the revised aommpnity face: ities plan. • 5.. Utilities Schematic - leave as ahOV '6. Nasa Gradin . leave as shoes . 47. Develuement Rasing - leave as shorn 8. 'Population Density -.leave as Shown 9. ' Building coverage will be modified from the or3 figures shown on the LandDee Plan B submitted on July 7, 1470. The figures shown on the July 71 plan were, b i ding fig tree based - on percentage of cover of net acres, These will be changed to Snow building coverage on a gross acreage basis Inc .v ng ' • open space and. roadways. These grope pereentagea a!e as follows 02/09/2007 FRI 11:00 FAX 612 344 1414 MALKERBONGILLILANDMART1N DEC-C19"" 16:k77 tectit3LaAV tAtz144 b1454.1aria r.l t ts ,,, 12!11912605 17:14 95294 8392 EDEN PRAIRIE PAGE 85 • 1j• single iFimiiy residential MGM* - Imo(► . i' - low density multiple MGLC. - 25% • I'12 - medium density multiple MOW 29% • rr3 - high density multiple MGLU _ = 20% C--Neb MOW = 21% C-Seg Sez v (office comet) MGLC - . ' 0-Reg (shopping center): MGLO = 21% Industrial park HGLO =. . 30% - = rharazum grow lend coverage Sincerely, -Donald R. Peterson - Executive Vice President- . • Eden Lsnfi Qorporation • • • . r 02/09/2007 FRI II: 00 FAX 612 344 1414 MALKERSONGILLILANDRARTIN Lari ,•:r.c.J • Li • SHENETION C-QMPAIW itti$414EiS & fttAt FPtE VALUATIONS Dozed=1,2000 1t4r.,Bram Maikersian .MalketsonCianpnd&Martin 220 Senth-Si)OliStiect,41900 Mirmeapolis,MN 55402 • RE: MARKET VALUE OF BENT CREFIKGOLF CLUB IN KIWI PRAIRIE, merman,RASED HYPOINEITCAL Aminevim IIIATTIIE LAND SVACANTAN1 AVAMABLE FOR DEVELOPMENT TO ITS BIGREST AND BEST USE UNDER RURAL DISTRICT ZONING Pear Mr..Maikersom 4kr your request,we appraised the market value of the fee siniple interest in the abovii,teferenced property outer a hypethetleal assunsption that:he land if vacant and rev for developmentkdzeuthhesodMtwe ander the.11444:1Thelf DiStrictawittgiegaritatiost &listing Irouf tke Guide Pk=desigagliOn uf thusi-litsbffe. The purpose of the appraisal is- to compare its ruark4 value under this hypothetical premise to its•maw value as an ccisting 'golf club. Our conclusion is being conveyed inadvanee erprepariag a narrativ. e appraisal report whieh will explain the analysand conclusions in a Summary Appraisa' I Report fauna. This is mitten for your inazaded-use asietiresentatiVe-for the property OWE in apoitraial inverse condemnation matter. The deptliddisclOork contained in the appraisal report will be'specific ilmstited purpose.and intended use. Sheitehen Company is 7101 re:Tofu-We for zrrandhorkzed or iorp-uper use of this letter or its-reported cap:chtsfurts frr an2rrnncr which might mislethi without the benfir-of the suriiritoty report Mut WO*.the aryttljziii.tual ea:who-ions. The subject is+106.0 acres(k73 acreSasable)underlying Bent Creek creolfClub at 14490 Valley View Road in Eden.Prairie.,Minnesota. ZoningtIrdioance§.11.10 identifies the purpose of theErRirralaisniet to be to 1pfx vela premature=hart development ofiettain lands which will eventualkr be approptiate-forinbaa uses until the installation ofdaioage works streets,utilities,and entranunity tacilkies and the ability objectively determine aithOjea appropriat. eland ose penemsinakes erdedy development possil4e.** We Understand this language to mean that.R.-Rural zoning districts.=1ulding4ones'and that the owners ofptapertie $0 zoned can anticipate that the City will eventually rezone the property lb fat ilitilexedevelownent into"ink&utte.based on the availability of municipal utilities and aFrvices and appropilate land use patnans. siSmt re.STEt 5TRZET Mart.WO alltSleAPIALL5 ' 401.1:41.AtYrA 5540:1. 153.31-o533 FAX,,Ocul344-te3s •••' - I EXHIBIT IA` �9i5I9L9 02/00/2007 FRI 11: 00 FAX 612 344 1414 MALRERSONGILLILAND!4ARTIN ,lam Bruce Mamma Deeretither 1,2006 Page 2 The current Ely Comprehensive ensive Guide Plan shows the soljeet guided as"'Quasi-Public"and does not list corresponding zoning desi$natxooYs far"Qilas%lurltca Tire.antentCamprchensiva -Plan defines uQuasi Public Facilities"tn include"privately o ed weather resernble public uses Such as land held by asso dons golf co couiitty clubs;and private schools.-' We undmstand this to mean that there:is nothing in the Corintreheasive Guide Plan that would prailtbia.the City from rezoning a property that is Currently in aR-Rural"bolding'district to any use district which reflects"appropriate land use patterns"and"makes orderly development possible"as set forth in the purpose section atilt,R Rural District In.letters addressed to you and dated Novtmher 10,2006 we reported our nit value opinions of-the subject to beS2,50O,00O to S2,700,000.=tuning ron'tt would onlypermit the pmpe:rty to operate as a golf club and S3,100,000 to S3,600,000 assuming that the property was divided into nine(9)teo-arre minim lots.a permitted.usespecified hytheltitamd District. In a separate letter addressed to you and dated NoveMber 10,2006 we.reputed our Marker value opinion of the subject to be S i&000,000 to$20,000,000 under the inrooksetleat at~rttmption that the property is rezoned to permit residential devilaornenrt to aderw ty_ofthree r nits per acre. Because comprehensive guide plans,take precedence over inconsistent zoning ordinances,a buyer might..safely assume that a quasi-public use such as a private school or other institutional use would he permitted on the subject site. guile,-quasi-public users compete with pri gate developers for land,it is not unusual to see them pay sale prices in the range of$125,000 to $150,000 perusable acre for sites,.suggesting a subject value in the range of approximately $9_000,000 to 511;000,000_ Market value asstencs the buyer and:seller eaCh'ar. proderrtly,knowledgeably,and in their own best interest A buyer would assess the probablItyof soceessfullyitsamingtheSebjecr to allow.a low-to medium-density residential development and then decide how much of the deuce he Would be wiling to risk. We believe that a buyer-under these world be willing to risk a premium of approx►, telly 10%over the"sue value on:the chance that he would end up With a piu.peity value at the hint,end aft range,or S18,000,000 to$20,000,0 . Thqtfore,we applied a 10%premirmi to the quasi-publie use.pr es,theuse that a b ryer would expect to set he sninimtun value. After careful consideration ofthe many factors influencing value,it is our opinion the subject property has a market value as.of November 8,Z0476.m►rder i»arrrt ra''zouuxg. u wont whereby the potential ex&r.tn rerone the property low-to medrrmr-densilyresidentral are and assuming that the lard is vacant and.a fable for development to its highest and best are,of $10,ouo,000 to$rzepo, o 02/09/2007 FRI 11: 01 FAX 612 344 1414 HALKERSONGILLILANDHARTIN [JU17Ivz& Mr.BruceMalkeson December 1,2006 Page We inspected the appraised property and investigated iaarf"omratiort believed to bePertinCiat toils • valuation,mild the,best itf Our led$ae'and belief tbe staretnents and opinions Gxpressed in i our report are correct and reasonable subject to thehypotfioical and limitineconditiOns set forth. The maxtket value is. *niI r to the value to the current golf clitb development,as determined-in a separate analysis by Shenehan Cam. Market value as used in this appraisal report conforms to the following definition obtained from Page 177 of The Dicer=fir of Real Estate Augraisa,,EourtkFlittion,published by the Appraicvl Insthutc. The most probable price,as of a specified date,in cash,or in terms equivalent to cash,or in other precisely revealed terms,for which the specified property rights coold sell alter reasonable expos=in Tcompetitive market colder all conditions requisite to a fir sale;witla<the buyer and seller each acting prudently, knowledgeably,and for lf-inferest,andas rrnning that neither is under undue duresm We researched z�xg requiserncras,flood zone sty legal destription,.aent and nor won,and community data;gathered and,a-e ed irifonrtatioon about the sweet property, inspected and photographed the subject property;farnilhrird ourselves.with the neighborhood and analyzed its boundaries,uses,and trends;.reyjes ed and considered the real estate market v Jdng into account stabaity ancifo r changes;interpreted the markt farces that affect the subicet property,identified the use or uses on which the fstat opinion of value is based;and researched, verified,and analyzed comparable sees used to conclude the market value indication of the subject property Sources usedto obtain relevant information.include,but axe nor limited to assessors,appraisers,buyers,sellers,t1 estate brokers,dcvdcrpers,puhtte geoids,and our of'frce files. The highest and best use.of the subject as though vacant and available for development under the Rural District zoning regulations is concluded.to be for real development. The appraisail conclrision its presented in this Ietter iaaadvvve'of picparing a Smnnaxy Appraisal Report which is in pre as authorized by our client. Our Summary Appraisal Report will rrply with the reporting equir s se€forth under Standards Rule 2 2(b)of USPAP.and summarize the data,reasoning.and analyses usedin the assignment to:dry rrelop the appraiser's opinion of value. Mien Lion used to form our conclusionis retained in.Sh n:hhop Company's confiderafial wrrkfides. 02/D4/2007 FRI 11:01 FAX 612 334 1414 MALKERBONGILLILANDRARTIH v.cy Mr.Bract Malicepon tone:OberI.666 Page 4 -Thai*. you for allow us tn-asEist>vtl with this matter. 'lease conta c us with arty guestions or conuneats. SHENEHON COMPANY Certified to this llih day of November,2096_ RobertH.Brown VYee Pre.ident License No.4DQ0646 Retail im i -12( "144"1 Robert J. President Lice St No.4000882 FrnRil- vaine@shenehon cons IgdViIVL7 42/09/2007 FRI 11: 01 FAX 612 3d4 1414 HALKER$0NGILLILANDMARTIN FES-09--2007 09:20 SAM HERTOGS & ASSOC 1 RTES P.02 BcntCee , GO LF CLUB February 9, 2007 Mayor and City Council Members Go Office of the City Manager City of Eden Prairie 8080 Mitchell Road Eden Prairie,MN 55344 RE: Proposed Rezoning of Bent Creek Golf Course Property Dear Mayor and City Council Members: This letter is submitted on behalf of the shareholders of the Bent Creek Golf Course,the 18 owners of Bent Creek and Golfview Investment Co. HI, the heirs of our late partner, Herbert Koch, and myself as a shareholder of Bent Creek, and as the surviving General Partner of Golfview Investment Co.III. 1 had previously submitted a letter dated November 10,2006 to the City Planning Commission that objected to the proposed re-guiding and rezoning of the Bent Creek property so that the property is restricted to use solely as a golf course. I submitted that letter as an individual and as an officer of the two entities involved. However, in case there is any doubt, on behalf of, and as President of Bent Creek and as the surviving General Partner of Golfview, I adopt the contents of that letter and all comments made by our attorneys and written communications from them to the City in the past and related to the City's ongoing process to rezone the Property by reference on behalf of Golfview Investment Co. Ill and Bent Creek Golf Club, Inc. At the February 7, 2007 public hearing before the City Council, several individuals appeared to suggest that the owners and manager of Bent Creek have been sabotaging the business operations of the golf course for the purpose of artificially deflating the earnings of the golf course so as to make Bent Creek appear to be unprofitable. We find such suggestions to be so absurd,libelous and slanderous that we feel compelled to respond to these suggestions because they have been made a part of the record of the City's decision. In particular,we object to the following statements: 1. Steve Chelesnik,implied that Bent Creek has ceased charging membership fees for new members in order to deflate Bent Creek's profits and suggested that a serious 14490 VALLEY VIEW ROAD • EDEN PRAIRIE, MINNESOTA 55344-1930 Golf Shop: 952_937.9347 • Office: 952.937.0789 • Fax: 952,937.934B i02/09/2007 PRI 11: 02 PAX 612 34 1414 MALKER$0NaILLILANDMARTIN vcaivta F B-09-2007 09:29 SAM HERMES 8 ASSOCIATESP.03 business person would be raising membership fees. Previously,Bent Creek had stopped selling memberships that did not require renewal, in effect lifetime memberships. We cannot do that at this time because of the uncertainty of Bent Creek's future. Therefore, Bent Creek has stopped charging initiation fees for two reasons: I)To attract more new members; and 2)Because it would be unfair and a poor business practice to charge initiation fees to join a golf course that does not have an unlimited,guaranteed future. 2. Mr. Chelesnik questioned why Bent Creek had restricted the hours of the restaurant at the golf course, particularly during the winter when there is no revenue from golfing. From many years of past experience and as many other private clubs understand, not enough members use the restaurant during the winter to justify continued operation during the off season. Had Bent Creek not closed the restaurant for the 2006/2007 winter, the losses would have been even greater. 3. Both Mr. Chelesnik and Ron Conumer stated to the City Council that membership groups had expressed interest in purchasing the Bent Creek property, but that the Bent Creek management had refused to disclose financial information regarding the golf course to these groups. There have been only two written inquiries from members regarding purchasing the course,but there was no evidence that the individuals making these inquiries had the financial wherewithal to do so and we did not treat them as serious inquiries. To our knowledge, we have never personally refused to speak with any of these would-be purchasers as Mr. Coomer suggested. Like all business enterprises, Bent Creek is extremely reluctant to disclose financial information except for very good reasons, and we have instructed the manager of Bent Creek not to disclose financial information to prospective purchasers unless the prospective purchasers made a serious offer. 4. Mr. Chelesnik suggested that Bent Creek fired its head greens keeper and replaced him with "cheaper labor". Bent Creek promoted its assistant greens keeper, who had been maintaining the course for many years, to be the head greens keeper. This was a sound business decision. The maintenance of the golf course has not suffered in any way as a result of that decision. Several speakers suggested that Bent Creek is a poorly run golf course and that it would be profitable if the owners and managers had made better business decisions. These speakers essentially suggested that the Bent Creek's ownership and management is incompetent, indifferent to the success of the golf course business operations, and/or intent on manufacturing a"dismal" financial performance for the purpose of manipulating these proceedings. These individuals have no real knowledge or expertise regarding any of the issues that they so freely opined about as they maligned, libeled and slandered the management team of Bent Creek. The suggestion that we, or any other serious businessperson,would be so "hell- bent on development"(to use Mr.Chelesnik's phrase)that we would deliberately 02/09/2047 FRI 11: 42 FAX 612 344 1414 MALRERSOHGILLILANOMARTIN 4N021/4Z3 FEB--69-2007 e9:29 SRN F{ERTOGS & ASSOCIATES P.O4 sabotage our own business is ludicrous. The simple fact is that Bent Creek at 106 acres (of which more than 30 is in a flood plain) is unprofitable because it cannot compete with other golf courses in the saturated Twin Cities metropolitan area golf market. Nobody who has addressed the City Council or City Planning Commission, and nobody on the City Staff, has ever even made a serious attempt to refute this except by making absurd, unsubstantiated and conclusory allegations regarding the"true" value of the Bent Creek property and the motivation of the owners of the Bent Creek property. The City's own Park Director, Bob Lambert, torpedoed a sale to the City in 1987 concluding that the golf course simply could not generate enough revenue to operate in the black(see attached letter), In addition to responding to the comments made during the public hearing identified above,we also wish to reiterate: that neither I nor the other owners of Bent Creek Golf Club, Inc. or Golfview Investment Co. III had any knowledge of any alleged, implied or express commitments made or that may or may not have been made by the original developer of the Bent Creek property in the early 1970's restricting the future owners of the Bent Creek property to using the Bent Creek property only as a golf course. in conclusion,Mr. Chelesnik referred to the ownership of the Bent Creek property as a"bully" and stated that the owners were taking a"my-way-or-the-highway" approach to the proposed zoning ordinance and comprehensive plan amendments. We believe this is a very apt description of the approach the City has taken here,not the property owners. Adopting land use regulations that restrict private property to one use while refusing to even discuss alternative options with the owner of that property is the very essence of a bullying, "my-way-or-the-highway"approach. Very truly yours, Samuel Hertogs President of Bent Creek Golf Club, Inc. Surviving General Partner of Golfvicw Investment Co. III on behalf of the Shareholders of Bent Creek Golf Club and 18 heirs of Herbert Koch, Shareholders and owners of Golfview Investment Co.111 P.S. We have requested Ms. Marilyn Michales, our representative to the City of Eden Prairie, to supplement this letter with a further presentation to be incorporated into our submission. TOTAL P.O4 VacIU�J 02/09/2007 FRI 11:02 FAX 512 344 1414 MALRER$QHGILLILARDMARTTN MEMORANDUM TO: Mayor and City Council THRU: Carl Jullie, City Manager FROM: Bob Lambert, Director of Community Services i2 DATE: February 9, 1988 SUBJECT: Edenvale Golf Course Proposal The City has received a proposal from Edenvale Golf Course Incorporated for the sale of Edenvale Golf Course to the City of Eden Prairie at at price of 7.25 million dollars. The proposal indicates that although the golf course 'can operate on a totally private basis with a maximum of 350 members" changing this facility to a fully private facility would mean "removing the ' availability of the golf course completely from the general public". The owners wish to offer the City the opportunity to "retain this portion of the City of Eden Prairie as open space and as a very suitable recreational facility for the benefit of the residents of Eden Prairie". The 63-page proposal provides information on the golf course and comparative figures between Edenvale Golf Course and several other publically owned courses. The purpose of the comparisons is an attemept to prove that Edenvale Golf Course could be purchased through revenue bonds and provide sufficient revenue to pay bond debt as well as operating expenses. City staff agree that it is important for Eden Prairie to ensure, if possible, that the golf course and open space are retained. Staff further agrees that the City should have at least one 18-hole golf course available to the public and that most municipal golf courses produce a great deal more revenue than their operating expenses. The City staff does question) however, the feasibility of paying a debt service on 7.25 million dollars and paying operating expenses on this course. City staff has several other concerns relating to Edenvale Golf Course as a municipal course. The major concerns relate to the configuration of the course. A typical 18 hole municipal course requires approximately 160 acres in order to have wide enough fairways for the type of golfer that plays on municipal courses and in order to move players through quickly enough to generate in the neigbhorhood of 50,000 rounds per year. Adjacent property owners are generally less understanding of conflict from golfers on a municipal course than they are with similar conflicts from golfers on a private course. Edenvale Golf Course is an extremely tight 18 holes located on approximately 106 acres. There is also a concern with the 9 holes located south of Valley View Road, most of which is located in the floodplain. Although, there was some substantial correction made after the 1987 flood, those will always be relatively high maintenance holes due to soil conditions and ocassional flooding. Prior to making a recommendation on this proposal , staff would recommend the following review process: 02/09/2007 ?RI11: 03 FAX 612 344 141Q MALKJxsonelL1A NumAKTLrE (1. Community Services Staff verify statistics of other municipal courses relating to operational costs, numbers of rounds per year, green fees, etc. i7VPSe� 2. Finance Department to review the financial information provided in this report, and provide information on the amount-of revenue required to pay off debt on the 7.25 million revenue bonds, as well as the operational costs as projected by this report. 3. Report from Assessing Department on this proposal at the stated land values. Upon review of these reports staff would then either recommend further 2 consideration of the proposal or denial of the proposal. If staff would be recommending further consideration, at that time staff would recommend a a review of audited expend7tn s and „o..,,.,..,s, and an appraisal of cif course from a real estate i e x erienc ai _ 5.111...0 golf courses and country clubs to determine the market value of the golf course prior to making a final recommendation to the proposal . Staff will be in attendance at the February 16th Council meeting to answer any questions the Council may have regarding preliminary review of this proposal . BL:mdd ADDITIONAL CONCLUSIONS 1. A municipality has an obligation and right to develop a comprehensive plan to guide the use of land within the boundaries of the city. Minnesota statute § 462.351, as such, a required comprehensive guide plan constitutes a primary land use tool to guide a city with orderly and well planned municipal growth. See Minnesota statute § 472.858(a). 2. In 1968 the City of Eden Prairie developed and prepared its initial comprehensive guide plan as required by Minnesota law. Eden Prairie was a small rural area with a population of approximately 6,000 people in 1968. The City consisted of numerous small lakes, ponds, creeks and generally a farming community within a 36-square mile area. 3. In 1968, the Eden Prairie initial comprehensive guide plan generally classified the area that later became "Bent Creek Golf Course" as public/quasi-public. The Eden Prairie Guide Plan was later updated in 1977 and the then existing "Bent Creek Golf Course"was totally designated public/quasi-public. This land use classification or designation is defined in our current Eden Prairie Comprehensive Guide Plan as follows: "Public/Quasi-Public Facilities—Public: This category designates land for community facilities, municipal buildings and other public use, including city hall, Flying Cloud Airport, fire stations, public schools, and publicly- owned parks and open spaces. Government-operated facilities may occur in any zoning district. Quasi-Public: This category includes privately-owned uses that resemble public uses such as land held by associations,golf courses, country clubs, and private schools." (Emphasis supplied) Chapter 3 Entitled Land Use Element, pages 3-4. The Bent Creek Golf Course has been continuously designated as public/quasi-public in the Guide Plan until recently amended to a new golf course classification. The Bent Creek Golf Course has been continuously operated as a golf course from 1970 to date. The Guide Plan allowable uses of the Bent Creek Golf Course area are a golf course use and other referenced uses. The property was never guided residential, commercial or industrial. 4. In 1970 a planned unit development referred to as "Edenvale" ("PUD concept review)was approved by the Eden Prairie Planning Commission and City Council. The Planned Unit Development(PUD 70-4)was a 1,000-acre development that included residential, commercial and industrial land uses and also an open space requirement. The Edenvale ("PUD concept review") development included a 115-acre golf course (Bent Creek)provided the entire golf course area remain a golf course recreationa area or open space forever. The golf course area was considered or counted as open space to reach the open space requirement in the Edenvale development("PUD concept review"). 5. The Bent Creek Golf Course was not an isolated 100-acre parcel established as a golf course without significant ties to the neighborhood. To the contrary, the golf course was an integral part of a larger 1,000-acre tract carefully planned in conformance with the Eden Prairie Comprehensive Guide Plan to culminate in a"desirable and unified environment." This Edenvale PUD included an open space requirement to provide a thoughtful balance of density factors and reasonable open space. The Edenvale Unit was projected to have 8,000 to 10,000 inhabitants by 1977 and the Bent Creek Golf Course was intended at the time of PUD 70-4 to ensure adequate open space in this area. The other land owners in Edenvale were aware of the open space commitment by the developer, and had every right to rely on the open space promises when acquiring other properties in the Edenvale development. 6. The current landowners (Hertog and Koch)purchased the Bent Creek Golf Course in 1984. The current owners continued to use the Bent Creek Golf Course as a golf course to date. It is also clear that the Bent Creek Golf Course has been continuously operated as a golf course from 1970 to the present time. It appears that the current owners who purchased the property for $875,000 in 1984 intended to use the property as a golf course. The current landowners either learned or could have learned the golf course had been part of a planned unit development whereby the course would remain indefinitely a golf course, recreation area or ongoing open space. The owners also learned or could have determined that the Eden Prairie Comprehensive Guide Plan classified the golf course property as public/quasi-public. This Guide Plan designation of public/quasi-public embraced the entire golf course property in 1984 and continuously thereafter until the recent amendment in 2007. 7. The owners learned or could have learned by inquiring at city hall and reviewing records that the golf course was counted by the city as open space under the PUD approval. The City of Eden Prairie has continued to value open space throughout the entire city. The Guide Plan contains tables and compilations revealing open space areas throughout the city in excess of 20 percent. The city and residents of Eden Prairie value their open space. 8. Development of the Bent Creek Golf Course area would not only violate the Guide Plan but would also violate the spirit and terms of PUD 70-4. Development of the golf course would undermine the understood rights of home owners who purchased property in good faith relying on the promises and commitment of the original Edenvale developer. Development of the Bent Creek Golf Course would also increase the density of this developed area with resultant burden on public infrastructure including increased traffic considerations not planned for or anticipated. Abandoning: a)the Guide Plan, b) the desirable and unified environment created by the PUD, and c) the commitment to the City by the developer to maintain open space,would treat many residents unfairly. Such action would not represent a legitimate or acceptable governmental interest. 9. The amendment of the current rural zoning to a golf course classification is not only a legitimate governmental action but is required under the terms of our Guide Plan and state law. The Eden Prairie Comprehensive Plan, chapter 3,pages 3-7, states in part: "Relationship to zoning The city will continue to bring the zoning map into conformance with the Guide Plan as future projects are reviewed." (emphasis supplied) In addition, the City of Eden Prairie must also comply with state requirements. See Minnesota statute § 473.858, Subd. 1, which states in relevant part: "...if the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by local government units in conjunction with the review and, if necessary, amendment of its comprehensive plan required under section 473.864, subdivision 2. (emphasis supplied) Taking into consideration all of the above including but not limited to: (a the historic use of the property as a golf course for 37 years, (b the PUD considerations, (c open space commitment by developer, (d Guide Plan, and(e the Minnesota Land Planning law governing municipalities,the action by the City of Eden Prairie amending its Guide Plan and zoning classification to golf course represents a legitimate and reasonable exercise of its legislative authority and is in the public interest. CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.C. Community Olympic Hills Golf Course Rezoning- Development/Planning 1st Reading Janet Jeremiah Michael Franzen Requested Action Move to: • Adopt the Findings and Conclusions; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC-Golf Course on .52 acres Synopsis This is a continued item from the February 6, 2007 meeting. The public hearing was closed, discussion was tabled on the 1st and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. Attachments Ordinance Findings and Conclusions (hand carried) OLYMPIC HILLS GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2007 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 11 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, RM-6.5 and R1-13.5 Districts and be placed in the GC-Golf Course District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural, RM-6.5 and R1-13.5 Districts and shall be included hereafter in the GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, 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, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A — Legal Description for Olympic Hills page 1 Of 1 Rural to GC-Golf Course Outlot A Olympic Hills 7th Addition. Outlot B Olympic Hills 6th Addition. Outlot C Olympic Hills 6th Addition. That part of Government Lot 1 lying west of Olympic Hills 1st Addition and lying northeasterly of Olympic Hills 7th Addition. That part of accretions of Government Lot 1 lying northerly of Olympic Hills 7th Addition. That part of Government Lot 10 lying westerly of Olympic Hills 1st and 2nd Additions and lying northerly and easterly of Olympic Hills 7th Addition including accretions. Lot 5 Block 1 Mount Curve Addition; also that part of Government Lots 1 and 2 and accretions thereto in Section 25 T116 R22 and the south %2 of the NW Corner of said Section 25 described as beginning at the NW corner of said Government Lot 2; thence southerly along the west line thereof to most northerly corner of Olympic Hills 5th addition; thence southeasterly to most easterly corner thereof; thence southwesterly long southeasterly line of said addition to northerly line of County Road No.1;thence southeasterly along said road line to most westerly corner of Olympic Hills 4th Addition; thence northeasterly along northwesterly line thereof to most northerly corner thereof; thence southeasterly and southerly along easterly line of said addition to south line of said northwest 1/4; thence easterly along said south line to southwest corner of Olympic Hills 3rd Addition; thence northerly northeasterly northwesterly northeasterly southeasterly easterly northwesterly and northerly along the boundary lines of said addition to northwest corner of Lot 2 Block 4 said Olympic Hills 3rd Addition; thence northerly along the west line of Bonner and Waters 1st Addition and Mount Curve Addition to south line of Olympic Hills Highland said west line drawn part with and distance 463.5 ft westerly of east line of said Government Lot 1; thence westerly along said south line of Olympic Hills Highland to southeast corner of Olympic Hills 7th Addition; thence northwesterly along southwesterly line of said addition to point of beginning subject to road. RM-6.5 to GC-Golf Course Outlot A Olympic Hills 1st Addition. Outlot B Olympic Hills 7th Addition. Outlot C Olympic Hills 1st Addition. Lot 2 Block 1 Olympic Hills Highland Addition. R1-13.5 to GC-Golf Course Outlot C Olympic Hills 7th Addition. Outlot D Olympic Hills 7th Addition. Lot 12 Block 2 Olympic Hills 7th Addition. Lot 13 Block 2 Olympic Hills 7th Addition. That part of Lot 10 lying northeasterly of a line described as beginning at a point on the north line thereof distance 80 ft west of northeast corner said lot 10 thence southeasterly to a point on east line thereof a distance of 26.00 feet south of the NE corner of said Lot 10 and there terminating. FINDINGS OF FACT AND CONCLUSIONS FOR OLYMPIC HILLS GOLF COURSE FINDINGS OF FACT 1. Olympic Hills Golf and Country Club ("Olympic Hills") is a golf course located within the boundaries of the City of Eden Prairie (the "City"). 2. Olympic Hills was guided Quasi-Public with the adoption of the City's Comprehensive Guide Plan in 1979, and is currently guided Public/Quasi-Public under the City's 2002 Comprehensive Guide Plan Update. Olympic Hills is zoned Rural. Golf courses are a permitted use within the Rural Zoning District. Olympic Hills Golf Course has been continuously used as a golf course since at least 1981. 3. The City enacted Ordinance No. 10-2006 on March 21, 2006, which placed a moratorium on development "in Areas of the City Designated by the City's Comprehensive Guide Plan as Public/Quasi-Public which are used as Golf Course." 4. Ordinance No. 10-2006 was an interim ordinance made pursuant to Minn. Stat. § 462.355, subd. 4. The City enacted the moratorium in order for the City to conduct a study to consider adoption or amendment of the City's Comprehensive Guide Plan and Zoning Code. 5. Ordinance No. 10-2006 stated that the purpose of the moratorium was "to allow time for a study...to be completed...to evaluate whether inconsistencies between the Comprehensive Guide Plan and the City's zoning controls...exist and to propose measures to cure any such inconsistencies between the City's comprehensive guide plan and City's zoning code." Staff was directed to perform the study and, if inconsistencies were found, "to develop recommendations as to how to cure any such inconsistencies in furtherance of the general health, safety, and welfare of the City and its residents." 1 6. The City Staff studied the issue and produced a Staff Report recommending that the City Council approve: 1) adding the "Golf Course" land designation to the City's Comprehensive Guide Plan and applying the designation to the golf courses located within the City; 2) removing "Golf Course" from the definition of a Quasi-Public land use; and 3) adding a "Golf Course" district to the City's Zoning Code. 7. On November 13, 2006, following a public hearing on the matter, the City Planning Commission unanimously recommended that the City Council approve the three recommendations contained in the Staff Report. 8. On January 16, 2007 following a public hearing on the matter, the City Council unanimously approved Resolution No. 2007-l 5 amending the City's Comprehensive Municipal Plan to change the Guide Plan designation for Olympic Hills to "Golf Course." 9. Also on January 16, 2007 the Council conducted the first reading of the "Ordinance for Amending Chapter 11 of the City Code relative to Golf Courses." The motion to approve the first reading passed 5-0. Ordinance No. 2-2007, amending the City's Zoning Code to include the Zoning District"Golf Course"was published in the Eden Prairie Sun Current on January 25, 2007. COUNCIL CONCLUSIONS 1. Olympic Hills has been continuously used as a golf course and has been guided Quasi-Public and/or Public/Quasi-Public for as long as it has been in existence. 2. Olympic Hills' Zoning designation does not correspond with its guiding, nor does it accurately reflect its current use as a golf course. 3. The City is required by law to resolve inconsistencies between its Guide Plan and zoning designations. 2 4. Based upon the historical use of the property, its current Guide Plan and zoning designations, and the City Staff's recommendations, the Council finds that amending Chapter 11 of the City's Zoning Code to designate Olympic Hills Golf Course as part of the "Golf Course" Zoning District is appropriate and will further the general health, safety and welfare of the City and its residents. P:\Home\EP\Community Dev\Bent Creek\Findings\Three Golf Courses\FINDINGS-OLYMPIC HILLS-2007 02 20.doc 3 CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.D. Community Bearpath Golf Course Rezoning - Development/Planning 1 St Reading Janet Jeremiah Michael Franzen Requested Action Move to: • Adopt the Findings and Conclusions; and • Approve 1st Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 198.04 acres Synopsis This is a continued item from the February 6, 2007, meeting. The public hearing was closed, discussion was tabled on the 1st and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. Attachments Ordinance Findings and Conclusions (hand carried) BEARPATH GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2007 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 11 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 GC-Golf Course District. Section 3. 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 GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, 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, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A—Legal Description (Bearpath) page 1 of 2 Lot 1, Block 1, Bearpath Addition Outlot B Bearpath Addition Outlot C Bearpath Addition except part platted as Breckenridge 2nd Addition Outlot G Bearpath Addition Outlot H Bearpath Addition Outlot H Bearpath Addition except part platted as Bearpath Trail Addition Outlot B, Bearpath 2nd Addition Outlot B, Bearpath 3rd Addition Outlot D, Bearpath 3rd Addition Outlot H Bearpath 3rd Addition Outlot J Bearpath 3rd Addition Outlot K Bearpath 3rd Addition Outlot L, Bearpath 3rd Addition Outlot N Bearpath 3rd Addition Outlot 0, Bearpath 3rd Addition Outlot P,Bearpath 3rd Addition Outlot Q, Bearpath 3rd Addition Outlot R, Bearpath 3rd Addition Outlot S, Bearpath 3rd Addition Outlot U, Bearpath 3rd Addition Outlot T, Bearpath 3rd Addition Outlot V, Bearpath 3rd Addition Outlot W, Bearpath 3rd Addition Outlot X, Bearpath 3rd Addition Outlot Z, Bearthpath 3rd Addition Outlot A, Bearpath 5th Addition Outlot B, Bearpath 5th Addition Outlot C Bearpath 5th Addition Lot 1, Block 2, Breckenridge 2nd Addition That part of the Outlot V described as beginning at the northeast corner of Lot 1 Block 14 Bearpath Addition; thence south 19 degrees 01 minute 16 seconds west along easterly line of said Lot 1 a distance of 198.20 feet to southeast corner of said Lot 1; thence north 89 degrees 21 minutes 02 seconds west along southerly line of said Lot 1 a distance 92 feet to southwest corner of said Lot 1; thence south 58 degrees 24 minutes 18 seconds east 107 feet thence south 12 degrees 49 minutes 35 seconds west 86.20 feet; thence south 77 degrees 10 minutes 25 seconds east 70.18 feet; thence south 44 degrees 39 minutes 58 seconds west 486.19 feet; thence south 01 degrees 05 minutes 34 seconds west 135 feet; thence south 67 degrees 52 seconds east 421.13 feet; thence north 21 degrees 19 minutes 53 seconds east 252.01 feet; thence north 82 degrees 09 minutes 28 seconds east 340.79 feet; thence north 15 degrees 40 minutes 14 seconds west 599.08 feet to southerly line of Outlot CC Bearpath Addition; thence northwesterly 185.50 feet along southerly line of Outlot CC being a non-tangential curve concave to northeast having a radius of 305 feet a central angle of 34 degree 50 minutes 51 seconds and a cord which bears north 71 EXHIBIT A—Legal Description (Bearpath) page 2 of 2 degrees 25 minutes 51 seconds west thence northwesterly 140.84 feet continue along the southerly line of said Outlot CC being a reverse curve concave to the south west having a radius of 554.41 feet and a central angle of 14 degrees 33 minutes 17 seconds to the point of beginning Outlot V except that part description as beginning at northeast corner of Lot 1 Block 14 Bearpath Addition; thence south 19 degrees 01 minute 16 seconds west along easterly line of said lot distance 198.20 feet to southeast corner of said Lot 1 thence; north 89 degrees 21 minutes 02 seconds west along southerly line of said Lot 1 distance 92 feet to southwest corner of said Lot 1; thence south 58 degrees 24 minutes 18 seconds east 107 feet; thence 12 degrees 49 minutes 35 seconds west 86.20 feet; thence south 77 degrees 10 minutes 25 seconds east 70.18 feet; thence south 44 degrees 39 minutes 58 seconds west 486.19 feet; thence south 01 degrees 08 minutes 34 seconds west 135 feet; thence south 67 degrees 52 seconds east 421.13 feet; thence north 21 degrees 19 minutes 53 seconds east 252.01 feet; thence north 82 degrees 09 minutes 28 seconds east 340.79 feet; thence north 15 degrees 40 minutes 14 seconds west 599.08 feet to southerly line of Outlot CC Bearpath Addition; thence northwesterly 185.50 feet along southerly line of Outlot CC being a non tangential curve concave to north east having a radius of 305 feet a central angle of 34 degrees 50 minutes 51 seconds and a chord which bears north 71 degrees 25 minutes 51 seconds west thence northwesterly 140.84 feet continue along the southerly line of said Outlot CC being a reverse curve concave to the south west having a radius of 554.41 feet and a central angle of 14 degrees 33 minutes 17 seconds to point of beginning also except part platted as Bearpath Trail Addition and Breckenridge Second Addition FINDINGS OF FACT AND CONCLUSIONS FOR BEARPATH GOLF COURSE FINDINGS OF FACT 1. Bearpath Golf and Country Club ("Bearpath") is a golf course located within the boundaries of the City of Eden Prairie (the "City"). 2. Bearpath is guided Public/Quasi-Public. Bearpath is zoned Rural. Golf courses are a permitted use within the Rural Zoning District. Bearpath has been continuously used as a golf course since at least 1993. 3. The City enacted Ordinance No. 10-2006 on March 21, 2006, which placed a moratorium on development "in Areas of the City Designated by the City's Comprehensive Guide Plan as Public/Quasi-Public which are used as Golf Course." 4. Ordinance No. 10-2006 was an interim ordinance made pursuant to Minn. Stat. § 462.355, subd. 4. The City enacted the moratorium in order for the City to conduct a study to consider adoption or amendment of the City's Comprehensive Guide Plan and Zoning Code. 5. Ordinance No. 10-2006 stated that the purpose of the moratorium was "to allow time for a study...to be completed...to evaluate whether inconsistencies between the Comprehensive Guide Plan and the City's zoning controls...exist and to propose measures to cure any such inconsistencies between the City's comprehensive guide plan and City's zoning code." Staff was directed to perform the study and, if inconsistencies were found, "to develop recommendations as to how to cure any such inconsistencies in furtherance of the general health, safety, and welfare of the City and its residents." 6. The City Staff studied the issue and produced a Staff Report recommending that the City Council approve: 1) adding the "Golf Course" land designation to the City's Comprehensive Guide 1 Plan and applying the designation to the golf courses located within the City; 2) removing "Golf Course" from the definition of a Quasi-Public land use; and 3) adding a "Golf Course" district to the City's Zoning Code. 7. On November 13, 2006, following a public hearing on the matter, the City Planning Commission unanimously recommended that the City Council approve the three recommendations contained in the Staff Report. 8. On January 16, 2007 following a public hearing on the matter, the City Council unanimously approved Resolution No. 2007-15 amending the City's Comprehensive Municipal Plan to change the Guide Plan designation for Bearpath to "Golf Course." 9. Also on January 16, 2007 the Council conducted the first reading of the "Ordinance for Amending Chapter 11 of the City Code relative to Golf Courses." The motion to approve the first reading passed 5-0. Ordinance No. 2-2007, amending the City's Zoning Code to include the Zoning District"Golf Course"was published in the Eden Prairie Sun Current on January 25, 2007. COUNCIL CONCLUSIONS 1. Bearpath has been continuously used as a golf course and has been guided Public/Quasi-Public for as long as it has been in existence. 2. Bearpath's zoning designation does not correspond with its guiding, nor does it accurately reflect its current use as a golf course. 3. The City is required by law to resolve inconsistencies between its Guide Plan and zoning designations. 4. Based upon the historical use of the property, its current Guide Plan and Zoning designation, and the City Staff's recommendations, the Council finds that amending Chapter 11 of the City's Zoning 2 Code to designate Bearpath Golf Course as part of the "Golf Course" Zoning District is appropriate and will further the general health, safety and welfare of the City and its residents. P:\Home\EP\Community Dev\Bent Creek\Findings\Three Golf Courses\FINDINGS-BEARPATH-2007 02 20.doc 3 CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.E. Community Glen Lake Golf Course Rezoning- Development/Planning 1 St Reading Janet Jeremiah Michael Franzen Requested Action Move to: • Adopt the Findings and Conclusions; and • Approve 1st Reading of the Ordinance for Zoning District Change from Public to GC-Golf Course on 50.69 acres. Synopsis This is a continued item from the February 6, 2007 meeting. The public hearing was closed, discussion was tabled on the 1st and 2nd reading of the ordinance, and staff was directed to prepare findings, conclusions, and order in support of rezoning the property. Attachments Ordinance Findings and Conclusions (hand carried) GLEN LAKE GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2007 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 11 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 Public District and be placed in the GC-Golf Course District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, 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, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A—Legal Description (Glen Lake) That part of northeast '/4 of Section 4 T 116 R 22 lying westerly of Indian Chief Road and lying northerly of following description line beginning at a point in center line of said road distance 1000 feet south from north line of northeast '/4 as measured at right angles to said north line thence westerly to west line of northeast % along a line that passes thru a point on west line of northeast % of northeast %distance 1000 feet south of northwest corner thereof except road. FINDINGS OF FACT AND CONCLUSIONS FOR GLEN LAKE GOLF COURSE FINDINGS OF FACT 1. Glen Lake Golf and Practice Center ("Glen Lake") is a golf course located on the border of the City of Eden Prairie (the "City") and Minnetonka. Holes 8 and 9 of the Glen Lake Golf Course are situated on the City's side of the property. 2. Glen Lake was guided Public in the City's 1979 Comprehensive Guide Plan Update. Glen Lake was guided Park/Open Space in the City's 2002 Comprehensive Guide Plan Update and is currently guided as such. Glen Lake is zoned Public. Glen Lake has been used as a golf course continuously since its inception in 1993. 3. The City enacted Ordinance No. 10-2006 on March 21, 2006, which placed a moratorium on development "in Areas of the City Designated by the City's Comprehensive Guide Plan as Public/Quasi-Public which are used as Golf Course." 4. Ordinance No. 10-2006 was an interim ordinance made pursuant to Minn. Stat. § 462.355, subd. 4. The City enacted the moratorium in order for the City to conduct a study to consider adoption or amendment of the City's Comprehensive Guide Plan and Zoning Code. 5. Ordinance No. 10-2006 stated that the purpose of the moratorium was "to allow time for a study...to be completed...to evaluate whether inconsistencies between the Comprehensive Guide Plan and the City's zoning controls...exist and to propose measures to cure any such inconsistencies between the City's comprehensive guide plan and City's zoning code." Staff was directed to perform the study and, if inconsistencies were found, "to develop recommendations as to how to cure any such inconsistencies in furtherance of the general health, safety, and welfare of the City and its residents." 1 6. The City Staff studied the issue and produced a Staff Report recommending that the City Council approve: 1) adding the "Golf Course" land designation to the City's Comprehensive Guide Plan and applying the designation to the golf courses located within the City; 2) removing "Golf Course" from the definition of a Quasi-Public land use; and 3) adding a "Golf Course" district to the City's Zoning Code. 7. On November 13, 2006, following a public hearing on the matter, the City Planning Commission unanimously recommended that the City Council approve the three recommendations contained in the Staff Report. 8. On January 16, 2007 following a public hearing on the matter, the City Council unanimously approved Resolution No. 2007-l 5 amending the City's Comprehensive Municipal Plan to change the Guide Plan designation for Glen Lake to "Golf Course." 9. Also on January 16, 2007 the Council conducted the first reading of the "Ordinance for Amending Chapter 11 of the City Code relative to Golf Courses." The motion to approve the first reading passed 5-0. Ordinance No. 2-2007, amending the City's Zoning Code to include the Zoning District"Golf Course"was published in the Eden Prairie Sun Current on January 25, 2007. COUNCIL CONCLUSIONS 1. Glen Lake has been continuously used as a golf course and has been guided Public and/or Park/Open Space for as long as it has been in existence. 2. Glen Lake's zoning designation does not correspond with its guiding, nor does it accurately reflect its current use as a golf course. 3. The City is required by law to resolve inconsistencies between its Guide Plan and zoning designations. 2 4. Based upon the historical use of the property, its current Guide Plan and zoning designations, and the City Staff's recommendations, the Council finds that amending Chapter 11 of the City's Zoning Code to designate Glen Lake Golf Course as part of the "Golf Course" Zoning District is appropriate and will further the general health, safety and welfare of the City and its residents. P:\Home\EP\Community Dev\Bent Creek\Findings\Three Golf Courses\FINDINGS-GLEN LAKE-2007 02 20.doc 3 CITY COUNCIL AGENDA DATE: SECTION: Ordinances and Resolutions February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: 2nd Reading of an ITEM NO.: X.F. Scott Neal, City Manager Ordinance Establishing the Budget Advisory Commission Requested Action Move to: Approve second reading of an Ordinance amending City Code sections 2.23 by establishing a Budget Advisory Commission; and adopting by reference city code chapter 1 and section 2.99,which among other things, contain penalty provisions. Synopsis At the Council's January 16 meeting, Mayor Young proposed the establishment of a new citizen advisory commission to assist the city with the management of the City's annual budget. Mayor Young asked for Councilmembers to review a draft charter statement for the proposed commission and to report any questions, concerns or ideas to the Council at the Council's February 6 meeting. At the February 6 meeting, Councilmember Duckstad shared a suggested mission statement for the commission. There was a consensus of support for the proposal put forward by Councilmember Duckstad. I have reformatted Councilmember Duckstad's proposal to more closely align with the structure we use to describe the City's advisory commissions in chapter 2.23 of the City Code. The reformatted version of Councilmember Duckstad's proposal is attached to this memorandum. Attachments Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODES SECTIONS 2.23 RELATING TO BOARDS AND COMMISSIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99, WHICH AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.23 Subd. 1. entitled, "Establishment" is amended by adding a new Subd. 1. F. as follows: F. Budget Advisory Commission Section 2. City Code Section 2.23 Subd. 2. entitled, "Duties and Responsibilities" is amended by adding a new Subd. 2. F. as follows: F. Budget Advisory Commission. The Budget Advisory Commission shall consist of five to seven members-at-large appointed by the City Council. The chair and vice-chair of the commission shall be appointed by the City Council. The commission shall act in an advisory capacity to the City Council in connection to the formation of a biennial City budget. The responsibilities of the commission shall include the following: 1. Review the overall policy direction for the budget as communicated by the City Council to the City Manager. 2. Interact with City Manager and City staff to learn about the City's statutory and discretionary budgetary procedures and practices. 3. Review budget drafts, documents and other related budget information related to the City budget. 4. Attend City Council workshops, meetings, forums and other events related to the City budget. 5. Review and comment to the City Council on intermittent budget proposals prepared by the City staff. 6. Propose budgetary and operational reforms with a goal aiding the City Council in making fiscally sound budget decisions. 7. Meet as frequently as necessary to accomplish their mission. Section 3. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 4. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of February, 2007. Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie News on the day of , 2007. CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.G. Community Development/Planning Bent Creek Rezoning—2nd Janet Jeremiah Reading Requested Action Move to: • Approve 2nd Reading of the Ordinance for rezoning from Rural to GC-Golf Course on 105.8 acres Synopsis This is second reading of the ordinance rezoning the Bent Creek Golf Course from Rural to GC- Golf Course. Attachments Ordinance for Zoning District Change Summary Ordinance BENT CREEK GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 5-2007 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 11 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 GC-Golf Course District. Section 3. 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 GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, 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, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A—Legal Description Bent Creek Golf Course Page 1 of 1 Outlot B Edenvale 2nd Addition Outlot E Edenvale 2nd Addition Outlot H Edenvale 2nd Addition Outlot A Fairway Woods 2nd Addition Outlot B Fairway Woods 3rd Addition Outlot C Fairway Woods 3rd Addition Outlot I Edenvale 2nd Addition except that part thereof lying westerly of a curve concave to the west having a radius of 185 ft. Said curve beginning at a point on the westerly line of said Outlot I, a distance of 73.98 ft southerly from the northwest corner of said Outlot I and passing through a point on said westerly line a distance of 215.37 ft southerly from said northwest corner. BENT CREEK GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 5-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land from Rural to GC-Golf Course Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.H. Community Development/Planning Olympic Hills Golf Course Janet Jeremiah Rezoning—2nd Reading Requested Action Move to: • Approve 2nd Reading of the Ordinance for Zoning District Change from Rural to GC-Golf Course on 169. 1 acres , from RM-6.5 to GC-Golf Course on 1.6 acres, and from R1-13.5 to GC-Golf Course on .52 acre Synopsis This is second reading of the ordinance rezoning the Olympic Hills Golf Course from Rural, Rm- 6.5 and R1-13.5 to GC-Golf Course. Attachments Ordinance for Zoning District Change Summary Ordinance OLYMPIC HILLS GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 6-2007 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 11 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, RM-6.5 and R1-13.5 Districts and be placed in the GC-Golf Course District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Rural, RM-6.5 and R1-13.5 Districts and shall be included hereafter in the GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, 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, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A — Legal Description for Olympic Hills page 1 Of 1 Rural to GC-Golf Course Outlot A Olympic Hills 7th Addition. Outlot B Olympic Hills 6th Addition. Outlot C Olympic Hills 6th Addition. That part of Government Lot 1 lying west of Olympic Hills 1st Addition and lying northeasterly of Olympic Hills 7th Addition. That part of accretions of Government Lot 1 lying northerly of Olympic Hills 7th Addition. That part of Government Lot 10 lying westerly of Olympic Hills 1st and 2nd Additions and lying northerly and easterly of Olympic Hills 7th Addition including accretions. Lot 5 Block 1 Mount Curve Addition; also that part of Government Lots 1 and 2 and accretions thereto in Section 25 T116 R22 and the south %2 of the NW Corner of said Section 25 described as beginning at the NW corner of said Government Lot 2; thence southerly along the west line thereof to most northerly corner of Olympic Hills 5th addition; thence southeasterly to most easterly corner thereof; thence southwesterly long southeasterly line of said addition to northerly line of County Road No.1;thence southeasterly along said road line to most westerly corner of Olympic Hills 4th Addition; thence northeasterly along northwesterly line thereof to most northerly corner thereof; thence southeasterly and southerly along easterly line of said addition to south line of said northwest 1/4; thence easterly along said south line to southwest corner of Olympic Hills 3rd Addition; thence northerly northeasterly northwesterly northeasterly southeasterly easterly northwesterly and northerly along the boundary lines of said addition to northwest corner of Lot 2 Block 4 said Olympic Hills 3rd Addition; thence northerly along the west line of Bonner and Waters 1st Addition and Mount Curve Addition to south line of Olympic Hills Highland said west line drawn part with and distance 463.5 ft westerly of east line of said Government Lot 1; thence westerly along said south line of Olympic Hills Highland to southeast corner of Olympic Hills 7th Addition; thence northwesterly along southwesterly line of said addition to point of beginning subject to road. RM-6.5 to GC-Golf Course Outlot A Olympic Hills 1st Addition. Outlot B Olympic Hills 7th Addition. Outlot C Olympic Hills 1st Addition. Lot 2 Block 1 Olympic Hills Highland Addition. R1-13.5 to GC-Golf Course Outlot C Olympic Hills 7th Addition. Outlot D Olympic Hills 7th Addition. Lot 12 Block 2 Olympic Hills 7th Addition. Lot 13 Block 2 Olympic Hills 7th Addition. That part of Lot 10 lying northeasterly of a line described as beginning at a point on the north line thereof distance 80 ft west of northeast corner said lot 10 thence southeasterly to a point on east line thereof a distance of 26.00 feet south of the NE corner of said Lot 10 and there terminating. OLYMPIC HILLS GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 6-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER, AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land from Rural, RM-6.5 and R1-13.5 to GC-Golf Course Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.I. Community Development/Planning Bearpath Golf Course Rezoning Janet Jeremiah Requested Action Move to: • Approve 2nd Reading of the Ordinance for rezoning from Rural to GC-Golf Course on 198.04 acres Synopsis This is second reading of the ordinance rezoning the Bearpath Golf Course from Rural to GC- Golf Course. Attachments Ordinance for Zoning District Change Summary Ordinance BEARPATH GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 7-2007 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 11 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 GC-Golf Course District. Section 3. 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 GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, 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, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A—Legal Description (Bearpath) page 1 of 2 Lot 1, Block 1, Bearpath Addition Outlot B Bearpath Addition Outlot C Bearpath Addition except part platted as Breckenridge 2nd Addition Outlot G Bearpath Addition Outlot H Bearpath Addition Outlot H Bearpath Addition except part platted as Bearpath Trail Addition Outlot B, Bearpath 2nd Addition Outlot B, Bearpath 3rd Addition Outlot D, Bearpath 3rd Addition Outlot H Bearpath 3rd Addition Outlot J Bearpath 3rd Addition Outlot K Bearpath 3rd Addition Outlot L, Bearpath 3rd Addition Outlot N Bearpath 3rd Addition Outlot 0, Bearpath 3rd Addition Outlot P,Bearpath 3rd Addition Outlot Q, Bearpath 3rd Addition Outlot R, Bearpath 3rd Addition Outlot S, Bearpath 3rd Addition Outlot U, Bearpath 3rd Addition Outlot T, Bearpath 3rd Addition Outlot V, Bearpath 3rd Addition Outlot W, Bearpath 3rd Addition Outlot X, Bearpath 3rd Addition Outlot Z, Bearthpath 3rd Addition Outlot A, Bearpath 5th Addition Outlot B, Bearpath 5th Addition Outlot C Bearpath 5th Addition Lot 1, Block 2, Breckenridge 2nd Addition That part of the Outlot V described as beginning at the northeast corner of Lot 1 Block 14 Bearpath Addition; thence south 19 degrees 01 minute 16 seconds west along easterly line of said Lot 1 a distance of 198.20 feet to southeast corner of said Lot 1; thence north 89 degrees 21 minutes 02 seconds west along southerly line of said Lot 1 a distance 92 feet to southwest corner of said Lot 1; thence south 58 degrees 24 minutes 18 seconds east 107 feet thence south 12 degrees 49 minutes 35 seconds west 86.20 feet; thence south 77 degrees 10 minutes 25 seconds east 70.18 feet; thence south 44 degrees 39 minutes 58 seconds west 486.19 feet; thence south 01 degrees 05 minutes 34 seconds west 135 feet; thence south 67 degrees 52 seconds east 421.13 feet; thence north 21 degrees 19 minutes 53 seconds east 252.01 feet; thence north 82 degrees 09 minutes 28 seconds east 340.79 feet; thence north 15 degrees 40 minutes 14 seconds west 599.08 feet to southerly line of Outlot CC Bearpath Addition; thence northwesterly 185.50 feet along southerly line of Outlot CC being a non-tangential curve concave to northeast having a radius of 305 feet a central angle of 34 degree 50 minutes 51 seconds and a cord which bears north 71 EXHIBIT A—Legal Description (Bearpath) page 2 of 2 degrees 25 minutes 51 seconds west thence northwesterly 140.84 feet continue along the southerly line of said Outlot CC being a reverse curve concave to the south west having a radius of 554.41 feet and a central angle of 14 degrees 33 minutes 17 seconds to the point of beginning Outlot V except that part description as beginning at northeast corner of Lot 1 Block 14 Bearpath Addition; thence south 19 degrees 01 minute 16 seconds west along easterly line of said lot distance 198.20 feet to southeast corner of said Lot 1 thence; north 89 degrees 21 minutes 02 seconds west along southerly line of said Lot 1 distance 92 feet to southwest corner of said Lot 1; thence south 58 degrees 24 minutes 18 seconds east 107 feet; thence 12 degrees 49 minutes 35 seconds west 86.20 feet; thence south 77 degrees 10 minutes 25 seconds east 70.18 feet; thence south 44 degrees 39 minutes 58 seconds west 486.19 feet; thence south 01 degrees 08 minutes 34 seconds west 135 feet; thence south 67 degrees 52 seconds east 421.13 feet; thence north 21 degrees 19 minutes 53 seconds east 252.01 feet; thence north 82 degrees 09 minutes 28 seconds east 340.79 feet; thence north 15 degrees 40 minutes 14 seconds west 599.08 feet to southerly line of Outlot CC Bearpath Addition; thence northwesterly 185.50 feet along southerly line of Outlot CC being a non tangential curve concave to north east having a radius of 305 feet a central angle of 34 degrees 50 minutes 51 seconds and a chord which bears north 71 degrees 25 minutes 51 seconds west thence northwesterly 140.84 feet continue along the southerly line of said Outlot CC being a reverse curve concave to the south west having a radius of 554.41 feet and a central angle of 14 degrees 33 minutes 17 seconds to point of beginning also except part platted as Bearpath Trail Addition and Breckenridge Second Addition BEARPATH GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 7-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land from Rural to GC-Golf Course Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Ordinances and Resolutions DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: X.J. Community Development/Planning Glen Lake Golf Course Rezoning Janet Jeremiah Requested Action Move to: • Approve 2nd Reading of the Ordinance for rezoning from Public to GC-Golf Course on 50.69 acres Synopsis This is second reading of the ordinance rezoning the Glen Lake Golf Course from Public to GC- Golf Course. Attachments Ordinance for Zoning District Change Summary Ordinance GLEN LAKE GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 8-2007 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 11 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 Public District and be placed in the GC-Golf Course District. Section 3. The proposal is hereby adopted and the land shall be, and hereby is removed from the Public District and shall be included hereafter in the GC-Golf Course District, and the legal descriptions of land in each District referred to in City Code Section 11.03, Subdivisionl, 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, "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 5. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen A. Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. EXHIBIT A—Legal Description (Glen Lake) That part of northeast '/4 of Section 4 T 116 R 22 lying westerly of Indian Chief Road and lying northerly of following description line beginning at a point in center line of said road distance 1000 feet south from north line of northeast '/4 as measured at right angles to said north line thence westerly to west line of northeast % along a line that passes thru a point on west line of northeast % of northeast %distance 1000 feet south of northwest corner thereof except road. GLEN LAKE GOLF COURSE CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 8-2007 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT,AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH,AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance allows rezoning of land from Public to GC-Golf Course Zoning District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen A. Porta, City Clerk Phil Young , Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Resolution authorizing a study of signs X.K. displaying animation or electronically changing images or messages Requested Action Move to: Adopt Resolution authorizing a study to determine what amendments to the City Code are required to protect the public health, safety and welfare with respect to signs displaying animation or electronically changing images or messages. Synopsis The City attorney recommends that the City consider amending its code to account for new LED billboard technology. This resolution authorizes a study of potential amendments. Background Information In recent months billboards in Minnetonka, Maplewood, Arden Hills, Minneapolis and St. Paul have been converted to use LED lights on the face of the billboard. The lights make it possible for the sign faces to change as often as every few seconds. Minnetonka was recently sued by Clear Channel Communications in a dispute over Minnetonka's ability to regulate LED billboards under its then-current ordinance and moratorium ordinance. Minnetonka prevailed in district court, but Clear Channel intends to appeal. The City wishes to insure that the sign provisions in its zoning code will allow the City to effectively manage and regulate LED billboards. ANALYSIS I. STATE LAW Under Minnesota State law no advertising device (billboards are advertising devises)may be erected or maintained "which has distracting, flashing or moving lights so designed or lighted as to be a traffic hazard." Minn. Stat. § 173.15, subd. 7. The Minnesota Department of Transportation ("MnDOT") performed a study in which it calculated that a motorist traveling at 55 mph on the highway is exposed to an advertising devise every six seconds. See MnDOT Technical Memorandum No. 03-11-TS-01, May 30, 2003. Based upon this data, MnDOT established the policy that "lighting display changes occurring once every six seconds, or more, do not present motorists with any more of a visual display than ordinary illuminated devises." Id. This policy controls how often the face of an LED billboard may change under state law. Clear Channel's argument that that state law preempts more restrictive municipal regulations was based on the difference between two conflict of law provisions. Minnesota Statutes section 173.20 states that nothing in sections 173.13 through 173.231 (which includes § 173.15) affects the provisions of any municipal ordinance "which is more restrictive concerning advertising than the provisions of said sections." Minn. Stat. § 173.20 (emphasis added). Compare this with a similar conflict of law provision found in section 173.10, which states that nothing in the sections 173.01 through 173.10 shall affect any more restrictive municipal ordinance concerning advertising devices. Minn. Stat. § 173.10 (emphasis added). Clear Channel argued that the legislature specifically excluded advertising devices from section 173.20, preempting any more restrictive municipal ordinances. The district court rejected this argument, calling it "an unduly narrow reading to Minnesota's statutes which provide that Minnesota localities can impose more restrictive ordinances on advertising and advertising devices than required by state law." The court ruled that based upon Minnesota case law, the fact that the Commissioner of MnDOT has never questioned a city's power to regulate billboards, and"the historic recognized interest of cities" to regulate billboards in their boundaries, state law does not preempt a city's more restrictive ordinance. II. THE CITY'S SIGN ORDINANCE Assuming the City's more restrictive ordinance is not preempted by state law,' the next step is an analysis of the City's Ordinance. The Ordinance states "[n]o illuminated sign which changes in either color or intensity of light, flashes, scrolls, or is animated shall be permitted." Id. at subd. 3(C). City code defines an "illuminated sign" as "any sign which is illuminated by an artificial light source." Id. at subd. 2(11). LED billboards would be prohibited under a broad interpretation of the Ordinance because the LED lights clearly change in color and intensity. This broad reading is supported by the Clear Channel decision. Minnetonka's ordinance is similar to the City's, defining prohibited flashing signs as "any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use." Minnetonka City Code § 300.02 (117). The district court judge ruled that the LED billboards would likely violate Minnetonka's code. Therefore, it is likely that a court would also uphold the City's right to regulate and prohibit LED billboards under its Ordinance. However, LED technology is new and there is widespread uncertainty among municipalities and billboard owners regarding the applicability of current ordinances to LED billboards. For example, the codes of other cities in which LED billboards are already installed include similar prohibitions to the City's and Minnetonka's. Maplewood prohibits "signs that have blinking, flashing or fluttering lights or that change in brightness or color," Maplewood 1 Clear Channel intends to appeal and,although unlikely,it is possible that an appellate court could overturn the district court's interpretation of the relevant Minnesota Statutes. City Code § 44-737 (3). Arden Hill prohibits "flashing or scrolling signs." Arden Hills Code § 1230.02 (2). Minneapolis and St. Paul city officials have stated that "their ordinances never envisioned digital billboards and their bright lights." Minneapolis Star & Tribune, January 23, 2007. Finally, Clear Channel has threatened to appeal and it is possible that the district court's ruling could be overturned. The Ordinance is also not capable of regulating all aspects of LED billboards. For example, the Code would permit an LED billboard to display a static advertisement for the same length of time as a traditional billboard. But LED billboards must be permitted to change occasionally, and they would not be allowed to under a literal reading of the Ordinance because the lights would necessarily change in color and intensity. III. RECOMMENDATIONS For the reasons discussed above, the City should consider specifically addressing LED technology in its code. The actions by the City of Bloomington ("Bloomington") provide an excellent example. Bloomington, when faced with the same issue, placed a moratorium on approvals of billboards containing LED lights. It then analyzed the issue and recently adopted a new zoning ordinance that specifically deals with the LED billboard technology. A copy of the moratorium and new ordinance are attached to this memo. Subdivision 20 specifically defines "electronic display techniques" to include billboards that contain LED lights on the sign face. Bloomington then sets out in section 21 specific standards to which the LED lights will be held. For example, the ordinance states that the minimum duration of time for an image on the billboard is 20 minutes and that the display must be static without any movement or animation of any kind. The ordinance also regulates the manner in which the billboard display is transitioned, the brightness of lights at different times of the day and forbids the use of flashing, illumination or video display. With these rules in place, Bloomington is able to effectively regulate all aspects of LED billboard technology. CONCLUSION When read broadly, the City's Ordinance bans LED billboards from changing static displays. However, for the reasons discussed above, the City may wish to consider following Bloomington's example by declaring a moratorium on permits for LED billboards until it adopts a sign ordinance that specifically addresses LED billboard technology. Directly addressing LED technology in the code would serve The City in a number of ways. First, it would provide the City with tools to regulate LED technology. Second, it would remove uncertainty for the City, billboard owners and advertisers. Finally, it would eliminate opportunities to challenge the Ordinance. Bloomington's Moratorium Section 19.23.04. MORATORIUM ON CERTAIN DISPLAY SIGNS. (a) Findings and Purpose. The City of Bloomington regulates signs and displays on signs in order to reduce potential traffic safety hazards and visual blight. A major study on electronic signs prepared by the Federal Highway Administration found that "motion or the illusion of motion of lights or other display features, including animation, has "the greatest potential for motorist distraction as well as a dominant visual impact on the aesthetic environment". FHA Report, Part VI, Section L. The FHA study also found that control of the message interval and message cycle as well as appearance of flashing must be regulated to prevent contributing to traffic hazards. FHA Report, Part VI, Sections G-J. Signs, including changing image signs, that display graphics that are animated, or portray motion, or display rapidly moving messages may contribute to traffic safety hazards and/or have adverse aesthetic impacts on the visual environment. Signs with the capability of displaying messages in this manner have been constructed in the City and neighboring municipalities and are currently being considered or proposed in Bloomington. The City Council finds that the City's current sign regulations do not adequately control these type of signs, particularly in light of the constantly evolving technology, and that the City must conduct a study to determine what amendments to the City Code will be required to deal effectively with signs displaying animation or rapidly changing images or messages. This study will include research of ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential ordinance amendments would be reviewed by the Planning Commission, Traffic and Transportation Commission and City Council. The City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any permits required for erection, placement or display of signs displaying animation or rapidly changing images or messages during the pendency of the study and the various public hearings preceding possible adoption of new sign regulations. Additional time is required to complete the study with regard to relevant legal, zoning and public safety issues and to accommodate the scheduling of public hearings before the Planning Commission and City Council for consideration of proposed ordinance amendments. Therefore, the City Council has determined that it is necessary to extend the moratorium an additional (3) months through December 29, 2006. (b) Authority. This ordinance is adopted pursuant to the authority conferred by Minnesota Statutes, Section 462.355, Subd. 4. (c) Moratorium Established. (1) In accordance with the findings set forth in Subsection (a) herein and pursuant to the authority vested in the City by Minnesota Statutes, Section 462.355, Subd. 4, there is hereby established a moratorium on the erection, placement or display of any sign displaying animation or rapidly changing images or messages within the City of Bloomington. (2) During the period of the moratorium, neither City staff, the Planning Commission, nor the City Council shall approve permits for any signs displaying animation or rapidly changing images or messages. Any applications for such permits filed with the City prior to the effective date of this moratorium shall not be approved by City staff, Planning Commission, or the City Council during the term of the moratorium. (d) Exceptions. This moratorium shall not apply to any signs that were approved by City staff or the City Council prior to the effective date of this ordinance. (e) Penalties. Any person, corporation or other entity that violates this Section shall be guilty of a misdemeanor and shall be subject to any additional legal or equitable remedies available to the City. (f) Effective Date. This Section shall be effective upon its adoption and publication and shall expire three (3) months after its effective date unless further extended. This moratorium shall be extended an additional three (3) months from September 30, 2006 through December 29, 2006. (Added by Ord. No. 98-43, 9-8-98; amended by Ord. No. 99-29, 9-15-99; Deleted and added by Ord. No. 2002-24, 7-1-2002; amended by Ord. 2003-5, 2-18-2003; Ord. No. 2003-40, 8-18- 2003; Ord. No. 2004-16, 4-19-2004; Deleted and added by Ord. No. 2006-24, 6-19-2006; Ord. No. 2006-37, 9-11-2006) Bloomington's Billboard Ordinance Section 19.66. BILLBOARDS. (a) Purpose, Intent and Findings The City Council finds it necessary for the promotion and preservation of the public health, safety, welfare and aesthetics of the community that the construction, location, size, conspicuity, brightness, legibility, operational characteristics and maintenance of billboards be controlled. Billboards have a direct and substantial impact on traffic safety, pedestrian safety, community aesthetics and property values. The City Council recognizes that a great percentage of billboards that are blighted, unattractive, or provide an unsafe distraction to motorists can be corrected by sensible quality control through adequate maintenance, inspection and operational guidelines. With respect to electronic billboards, the City Council finds that they are highly visible from long distances and at very wide viewing angles both day and night and are designed to catch the eye of persons in their vicinity and hold it for extended periods of time. If left uncontrolled, electronic billboards constitute a serious traffic safety threat. Studies conducted by the Federal Highway Administration (FHWA), Research Review of Potential Safety Effects of Electronic Billboards on Driver Attention and Distraction, Sept. 11, 2001 and The Role of Driver Inattention in Crashes: New Statistics from 1995; the University of North Carolina Highway Safety Research Center, Distractions in Everyday Driving, May 2003 and The Role of Driver Distraction in Traffic Crashes, May 2001; the Wisconsin Department of Transportation, Synthesis Report of Electronic Billboards and Highway Safety, June 10, 2003; the Municipal Research and Services Center of Washington, Sign Control Provisions, Jan. 2006; and the Veridan Group, Video Signs in Seattle, Gerald Wachtel, May 2001, reveal that electronic signs, including billboards, are highly distracting to drivers and that driver distraction continues to be a significant underlying cause of traffic accidents. The City Council intends by this Section of the City Code to establish a legal framework for billboard regulation in the City. The regulations promulgated in this Article are intended to facilitate an easy and agreeable communication between people while protecting and promoting the public health, safety, welfare and aesthetics of the community. It is not the purpose or intent of this Section of the City Code to prefer or favor commercial messages or speech over non-commercial messages or speech or to discriminate between types of non-commercial speech or the viewpoints represented therein. The owner of any billboard which is otherwise allowed by this Section of City Code may substitute non-commercial copy or message in lieu of any other commercial or non-commercial sign copy or message without any additional approval or permitting subject to the operational standards set forth herein. The purpose of this provision is to prevent any inadvertent favoring of commercial speech or message over non-commercial speech or message. This provision prevails over any more specific provision to the contrary. The purposes of the regulations promulgated in this Section include: (1) To eliminate potential hazards to motorists and pedestrians using public streets, sidewalks, and rights-of-way; (2) To safeguard and enhance property values; (3) To control nuisances; (4) To protect government investments in public buildings, streets, sidewalks, traffic control and utility devices,parks, and open spaces; (5) To preserve and improve the appearance of the city through adherence to aesthetic principles, in order to create a community that is attractive to residents and to non- residents who come to live, visit, work, or trade; (6) To eliminate excessive and confusing sign displays; (7) To implement the City's Comprehensive Plan; (8) To encourage signs which by their design are integrated with and harmonious to the surrounding environment and the buildings and sites they occupy; (9) To promote the public health, safety, and general welfare; and (10) To provide for fair and consistent enforcement of the regulations set forth herein. (b) Billboards in the General Industrial, (I-3) Freeway Development (FD-2) and Commercial Service (CS-0.5 and CS-1) Districts - (1) A billboard is defined as any advertising sign which has an area exceeding 150 square feet; (2) Billboards must be erected on single poles and contain cedar trim; (3) No animation is permitted on billboards; (4) Billboards must be landscaped around the base of the signs; (5) Billboards must be located so as not to obstruct any existing business or sign; (6) A billboard need not be a principal use in the General Industrial (I-3) and Freeway Development(FD-2)Districts; (7) No person shall construct, erect, use or permit the use of a billboard unless and until a sign permit is first secured from the Issuing Authority; (8) The application for the conditional use permit must be signed by the owner of the property and show the proposed location, height, dimensions, location of other structures within 300 feet and the landscaping in the area of the proposed billboard; (9) No conditional use permit shall be granted for any proposed billboard if it is within 2,000 feet of any existing billboard within the City; (10) The conditional use permit may be revoked by the City Council if the billboard or the area where the billboard is erected is not maintained in accordance with the terms of the permit or this Code; (11) All other standards including setbacks that are applicable to other signs and structures shall apply to billboards. There shall be a maximum setback of 350 feet from the centerline of the right-of-way of an adjacent Federal Aid Interstate Highway; (12) No conditional use permit shall be granted for more than three years, with a 60-day time limit for removal in the event the permit is not renewed; (13) No billboard structure may contain more than two signs per facing; (14) Billboards are not permitted within 500 feet of residential properties or conservation (SC) zoning districts; (15) No conditional use permit may be granted if a variance is required; (16) The maximum height of any portion of the sign, including trim and extensions, must not exceed 40 feet above grade; (17) The maximum length of any sign, including trim and extensions, must not exceed 50 feet; (18) No billboard shall be erected on or above the roof of any building; (19) No billboard or portion thereof may turn on an axis, rotate, revolve or otherwise physically move; (20) Electronic display techniques include any portion of a billboard that contains alphanumeric characters, graphics or symbols defined by a small number of matrix elements using different combinations of light emitting diodes (LED's), fiber optics, light bulbs or other illumination device within the display area, including computer programmable, microprocessor controlled electronic displays and projected images or messages with these characteristics onto the sign face; and (21) Any billboard utilizing electronic display techniques in whole or in part must meet the following operational standards: (A) Duration. In all districts the full billboard image or any portion thereof must have a minimum duration of 20 minutes and must be a static display. No portion of the image may flash, scroll, twirl, change color, in any manner imitate movement, or meet the characteristics of a flashing sign as defined in Section 19.104; (B) Transition. In all districts where the full billboard image or any portion thereof changes, the change sequence must be accomplished by means of instantaneous re-pixalization; (C) Brightness. The sign must not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness; (D) Dimmer control. Electronic graphic display signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half- hour before sunset and one half-hour after sunrise; (E) Audio or pyrotechnics. Audio speakers or any form of pyrotechnics as defined in Section 19.104 are prohibited in association with a billboard; (F) Fluctuating or Flashing Illumination. No portion of any billboard may fluctuate in light intensity or use intermittent, strobe or moving light or light that changes in intensity in sudden transitory bursts, streams, zooms, twinkles, sparkles or in any manner creates the illusion of movement; and (G) Video display. No portion of any billboard may change its message or background in a manner or by a method of display characterized by motion or pictorial imagery, or depicts action or a special effect to imitate movement, or the presentation of pictorials or graphics displayed in a progression of frames that give the illusion of motion or the illusion of moving objects, moving patterns or bands of light or expanding or contracting shapes. (Code, 1958 S 10.03; Added by Village Ord. No. 235, 6-10-60; Village Ord. No. 257, 12-5-60; Ord. No. 54, 12-18-61; Ord. No. 64-51, 6-22-64; Ord. No. 66-18, 3-7-66; Ord. No. 67-5, 2-7-67; Ord.Nos. 67-10, 67-11, 3-20-67; Ord. No. 70-27, 6-15-70; Ord. No. 72-2, 1-10-72; Ord. No. 73- 62, 9-24-73; Ord. No. 78-29, 5-15-78; Ord. No. 79-5, 1-22-79; Ord. No. 81-23, 6-1-81; Ord. No. 85-62, 12-9-85; Ord. No. 87-41, 6-15-87; Ord. No. 88-65, 11-14-88; Ord. No. 88-66, 11-14-88; Ord.No. 91-35, 6-3-91; Ord. No. 91-64, 10-7-91; Ord. No. 91-73, 11-18-91; Ord. No. 96-40, 8- 19-96; Ord. No. 2006-48, 11-20-2006) Attachment Resolution Authorizing Study CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-37 A RESOLUTION AUTHORIZING A STUDY TO DETERMINE WHAT AMENDMENTS TO THE CITY CODE ARE REQUIRED TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE WITH RESPECT TO SIGNS DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES WHEREAS, the City of Eden Prairie has adopted a Zoning Code: SECTION 11.70. SIGN PERMITS. Subd. 1. Purpose and Intent. The purpose of this Section is to protect and promote the general welfare, health, safety, and order within the City through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public right-of-way or private properties. The provisions of this Section are intended to encourage creativity, a reasonable degree of freedom of choice, an opportunity for effective communication, and a sense of concern for the visual amenities on the part of those designing, displaying or otherwise utilizing needed communicative media of the types regulated by this Section; while at the same time assuring that the public is not endangered, annoyed or distracted by the unsafe, disorderly, indiscriminate or unnecessary use of such communicative facilities. WHEREAS, the City Council has concludes that the public health, safety and welfare and sound planning may be impacted by signs displaying animation or electronically changing images or messages; WHEREAS, the Eden Prairie City Council has determined the City's current sign regulations may not adequately control these types of signs, particularly in light of the constantly evolving technology, and that the City must conduct a study WHEREAS, the Eden Prairie City Council deems it necessary, in furtherance of the public good, to authorize a study to determine what amendments to the City Code will be required to deal effectively with signs displaying animation or electronically changing images or messages. This study will include research of ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential ordinance amendments will be reviewed by the Planning Commission and City Council. WHEREAS, the City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any permits required for installation, construction, reconstruction, expansion, erection, placement or display of signs displaying animation or electronically changing images or messages during the pendency of the study and the various public hearings preceding possible adoption of new sign regulations. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT: The City Council hereby authorized a study to be conducted to determine what amendments to the City Code will be required to deal effectively with signs displaying animation or electronically changing images or messages. The study shall include research of ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study, potential ordinance amendments shall be reviewed by the Planning Commission and City Council. ADOPTED by the City Council on February 20, 2007. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development First Reading of an Interim Ordinance X.L. temporarily prohibiting installation, construction, reconstruction, expansion, erection, placement or display of any sign displaying animation or electronically changing images or messages Requested Action Move to: Approve First Reading of an interim ordinance temporarily prohibiting installation, construction, reconstruction, expansion, erection,placement or display of any sign displaying animation or electronically changing images or messages. Synopsis See Item X.K. Attachment Interim Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2007 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, TEMPORARILY PROHIBITING THE INSTALLATOIN, CONSTRUCTION RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT, OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES WITHIN THE CITY; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Purpose. The City of Eden Prairie ("City") regulates signs and displays on signs in order to reduce potential traffic safety hazards and visual blight. A major study on electronic signs prepared by the Federal Highway Administration found that "motion or the illusion of motion of lights or other display features, including animation, has "the greatest potential for motorist distraction as well as a dominant visual impact on the aesthetic environment". FHA Report, Part VI, Section L. The FHA study also found that control of the message interval and message cycle as well as appearance of flashing must be regulated to prevent contributing to traffic hazards. FHA Report, Part VI, Sections G-J. Signs, including changing image signs, that display graphics that are animated, or portray motion, or display rapidly moving messages may contribute to traffic safety hazards and or have adverse aesthetic impacts on the visual environment. Signs with the capability of displaying messages in this manner have been constructed in neighboring municipalities. The City Council finds that the City's current sign regulations do not adequately control these type of signs,particularly in light of the constantly evolving technology, and that the City must conduct a study to determine what amendments to the City Code will be required to deal effectively with signs displaying animation or rapidly changing images or messages. This study will include research of ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study,potential ordinance amendments would be reviewed by the Planning Commission and City Council. The City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any permits required for installation, construction, reconstruction, expansion, erection,placement or display of signs displaying animation or rapidly changing images or messages during the pendency of the study and the various public hearings preceding possible adoption of new sign regulations. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Section 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution, the City determines to conduct a study to a study to determine what amendments to the City Code will be required to deal effectively with signs displaying animation or electronically changing images or messages. This study will include research of ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, and develop recommendations as to appropriate ordinance amendments, if any, that are required in the interest of the public safety and welfare. Section 4. Study Area. This Interim Ordinance shall apply to all property within the City as of the Effective Date of this Interim Ordinance. Section 5. Interim Ordinance. Pending the completion of the above-reference Study, and the adoption of appropriate official controls, for a period not to exceed one year as set forth in Minn. Stat. § 462.355, subd. 4, after the Effective Date of this Ordinance, there shall be no installation, construction, reconstruction, expansion, erection, placement or display of signs displaying animation or electronically changing images or messages. The City shall issue no building permits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted prior to the Effective Date of this Ordinance. Section 6. Exceptions. This moratorium shall not apply to any signs displaying animation or electronically changing images or messages that were approved by City staff or the City Council prior to the effective date of this Ordinance. Further this moratorium shall not apply to improvements necessary to correct violations of state law and city ordinances that have created a threat to public health and safety as determined by the city Section 7. Enforcement. The City may enforce this ordinance by mandamus, injunction or any other appropriate civil remedy. Section 8. Violation. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 1.03, entitled "Violation a Misdemeanor or Petty Misdemeanor" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This Interim Ordinance shall become effective immediately upon its passage and publication according to law. 2 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. 3 4 CITY COUNCIL AGENDA DATE: SECTION: Ordinances &Resolutions February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: Community Development Second Reading of an Interim Ordinance X.M. temporarily prohibiting installation, construction, reconstruction, expansion, erection, placement or display of any sign displaying animation or electronically changing images or messages Requested Action Move to: • Approve the Second Reading of an interim ordinance temporarily prohibiting installation, construction, reconstruction, expansion, erection,placement or display of any sign displaying animation or electronically changing images or messages. • Adopt resolution approving the summary ordinance. Synopsis See Item X.K. Attachments Interim Ordinance Ordinance Summary Resolution Approving Summary Ordinance CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 9-2007 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, TEMPORARILY PROHIBITING THE INSTALLATOIN, CONSTRUCTION RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT, OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES WITHIN THE CITY; ADOPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. Purpose. The City of Eden Prairie ("City") regulates signs and displays on signs in order to reduce potential traffic safety hazards and visual blight. A major study on electronic signs prepared by the Federal Highway Administration found that "motion or the illusion of motion of lights or other display features, including animation, has "the greatest potential for motorist distraction as well as a dominant visual impact on the aesthetic environment". FHA Report, Part VI, Section L. The FHA study also found that control of the message interval and message cycle as well as appearance of flashing must be regulated to prevent contributing to traffic hazards. FHA Report, Part VI, Sections G-J. Signs, including changing image signs, that display graphics that are animated, or portray motion, or display rapidly moving messages may contribute to traffic safety hazards and or have adverse aesthetic impacts on the visual environment. Signs with the capability of displaying messages in this manner have been constructed in neighboring municipalities. The City Council finds that the City's current sign regulations do not adequately control these type of signs,particularly in light of the constantly evolving technology, and that the City must conduct a study to determine what amendments to the City Code will be required to deal effectively with signs displaying animation or rapidly changing images or messages. This study will include research of ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law. Upon completion of the study,potential ordinance amendments would be reviewed by the Planning Commission and City Council. The City Council has concluded that the public health, safety and welfare and sound planning require that a moratorium be imposed on the approval of any permits required for installation, construction, reconstruction, expansion, erection,placement or display of signs displaying animation or rapidly changing images or messages during the pendency of the study and the various public hearings preceding possible adoption of new sign regulations. Section 2. Authorization. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies, or has authorized a study to be conducted, or has scheduled a hearing to consider adoption or amendment of official controls, including ordinances, regulating physical development of the City. Section 3. Study. Pursuant to this Interim Ordinance and as authorized by separate Resolution, the City determines to conduct a study to a study to determine what amendments to the City Code will be required to deal effectively with signs displaying animation or electronically changing images or messages. This study will include research of ordinances in other jurisdictions, review of relevant studies and a legal analysis of applicable case law, and develop recommendations as to appropriate ordinance amendments, if any, that are required in the interest of the public safety and welfare. Section 4. Study Area. This Interim Ordinance shall apply to all property within the City as of the Effective Date of this Interim Ordinance. Section 5. Interim Ordinance. Pending the completion of the above-reference Study, and the adoption of appropriate official controls, for a period not to exceed one year as set forth in Minn. Stat. § 462.355, subd. 4, after the Effective Date of this Ordinance, there shall be no installation, construction, reconstruction, expansion, erection, placement or display of signs displaying animation or electronically changing images or messages. The City shall issue no building permits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted prior to the Effective Date of this Ordinance. Section 6. Exceptions. This moratorium shall not apply to any signs displaying animation or electronically changing images or messages that were approved by City staff or the City Council prior to the effective date of this Ordinance. Further this moratorium shall not apply to improvements necessary to correct violations of state law and city ordinances that have created a threat to public health and safety as determined by the city Section 7. Enforcement. The City may enforce this ordinance by mandamus, injunction or any other appropriate civil remedy. Section 8. Violation. City Code Chapter 1, entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 1.03, entitled "Violation a Misdemeanor or Petty Misdemeanor" is hereby adopted in its entirety, by reference, as though repeated verbatim herein. Section 9. Effective Date. This Interim Ordinance shall become effective immediately upon its passage and publication according to law. 2 FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of February, 2007, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 20th day of February, 2007. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on , 2007. 3 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2007-38 A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. 9-2007 AND ORDERING THE PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No.9-2007 was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 20th day of February, 2007. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. 9-2007 is lengthy. B. The text of summary of Ordinance No. 9-2007, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. C. The title and summary shall be published once in the Eden Prairie Sun Current in a body type no smaller than brevier or eight-point type. D. 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 offices. E. Ordinance No. 9-2007 shall be recorded in the Ordinance Book, along with proof of publication, within twenty(20) days after said publication. ADOPTED by the City Council on February 20, 2007. Phil Young, Mayor (Seal) ATTEST: Kathleen Porta, City Clerk EXHIBIT A SUMMARY OF ORDINANCE NO. 9-2007 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, TEMPORARILY PROHIBITING THE INSTALLATOIN, CONSTRUCTION RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT, OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES WITHIN THE CITY; ADOAPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies. This ordinance ordains that for a period of twelve months from the Effective Date of this Interim Ordinance there shall be as of the Effective Date of this Ordinance no installation, construction, reconstruction, expansion, erection, placement or display of signs displaying animation or electronically changing images or messages. The City shall issue no building permits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted prior to the Effective Date of this Ordinance. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on . (A full copy of the text of this Ordinance is available from City Clerk.) CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 9-2007 AN INTERIM ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, TEMPORARILY PROHIBITING THE INSTALLATOIN, CONSTRUCTION RECONSTRUCTION, EXPANSION, ERECTION, PLACEMENT, OR DISPLAY OF ANY SIGN DISPLAYING ANIMATION OR ELECTRONICALLY CHANGING IMAGES OR MESSAGES WITHIN THE CITY; ADOAPTING ENFORCEMENT PROVISIONS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS: Summary: Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to adopt interim ordinances to regulate, restrict, or prohibit any use or development in all or part of the City, for a period of one year (subject to exceptions as stated in Section 462.355), while the City is conducting studies. This ordinance ordains that for a period of twelve months from the Effective Date of this Interim Ordinance there shall be as of the Effective Date of this Ordinance no installation, construction, reconstruction, expansion, erection, placement or display of signs displaying animation or electronically changing images or messages. The City shall issue no building permits, or zoning or subdivision approvals, for any such property, for said time period as above noted, unless such was granted prior to the Effective Date of this Ordinance. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kathleen Porta, City Clerk Phil Young, Mayor PUBLISHED in the Eden Prairie Sun Current on (A full copy of the text of this Ordinance is available from City Clerk.) CITY COUNCIL AGENDA DATE: February 20, 2007 SECTION: Report of City Manager DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.B.1. Office of the City Manager Support for Financing the Scott H. Neal Metropolitan Airports Commission's Portion of the Sanitary Sewer and Water Project along Pioneer Trail Requested Action Move to: • Support the offer made to the Metropolitan Airports Commission to finance its portion of the sanitary sewer and water project along Pioneer Trail through General Obligation Bonds and to have this project completed in 2007 Synopsis Sanitary sewer and water is needed to serve Flying Cloud Airport. This project would: 1. Reduce the potential for ground water contamination by allowing for the removal of old wells and septic systems. 2. Improve water quality. 3. Provide important fire protection capability for all airport businesses and there investments. 4. Spur new economic development opportunities for businesses at the airport. The sewer and water installation is identified in our Memorandum of Agreement with MAC and is a requirement by the Minnesota Pollution Control Agency to close all private wells and septic systems at the airport. This project has been a moving target in MAC's Capital Improvement Program for many years and its limited capability to fully fund the project at this time make it difficult to know whether funding will occur any time soon. The City is offering to partnership with MAC to accomplish this needed infrastructure in 2007. Attachment Project Proposal to MAC, dated January 24, 2007 ,\\1. OFFICE OF THE CITY MANAGER I January 24,2007 EDENMr. Gary G. Warren, P.E. Director—Airside Development 6040 28th Avenue South pRAIRIE Minneapolis MN 55450 - LIVE•WORK•BREAM• AirportUtilityImprovements4Ax s5z 949 839© FC 952 949 8300 IZE: FlyingCloud TDD 952 949 8399 • Dear Gary: 8080 Mitchell Ad Eden Prairie,MN 55344-4485 As we discussed on January 12,2007, the City is interested in assisting the Metropolitan Airports edenprairie.vrg Commission (MAC) and its tenants at Flying Cloud Airport to advance the installation of utilities serving the building area along Pioneer Trail by providing financing for the project. The enclosed Table 1 outlines the project costs proposed for financing. The construction estimates are preliminary and would be adjusted based on more detailed estimates provided by MAC's consultant. Note that assessed projects typically include a 9% administrative fee. We are proposing to exclude this fee for this project. The proposed finance term is 20 years. To accommodate current budget constraints,the MAC may select an initial period of three to five years until payments would begin. Our Finance Department has prepared two example re- payment schedules based on an initial loan amount of$3,000,000 and payments beginning in three (3)years and five (5)years for your evaluation. Please review this draft proposal. Hopefully,you will find it beneficial and attractive to the MAC and airport tenants. If you desire revisions to this draft,we would welcome your suggestions. Hopefully,we can collaborate to deliver this beneficial project in a favorable bidding climate. Sincerely, Scott H.Neal City Manager end. TABLE 1 ESTIMATED COSTS FLYING CLOUD AIRPORT UTILITY IMPROVEMENTS Airport Utilities Wash Pad 1 Restroom TOTALS Construction $2,220,000 $180,000 $2,400,000 Engineering $555,000 $45,000 $600,000 Administration (9%) (0) (2) $0 $0 COLUMN TOTALS $2,775,000 $225,000 $3,000,000 Is} (1) Total utility construction costs minus City trunk/lateral share in accordance with MOU. (2) The 9%administrative fee for assessment projects is excluded for this cooperative construction project with a government agency. (3) Actual financed cost to be adjusted based on fianlized cost estimate. G;Engineeringlt-AG/2007f'Estimated Costs Table-Flying Cloud"' $3,580,000.00 City of Eden Prairie. Minnesota General Obligation Bonds (Airport Infrastructure/MAC Portion plus 1%} Table of Contents Report Sources&Uses 1 Net Debt Service Schedule 2 Debt Service Schedule 3 • G.O.Bands•Airport Inlr I 1/18/2007 I 10:35 AM Northland Securities Public Finance . °t n y: Preliminary, S3,580,000.00 City of Eden Prairie, Minnesota General Obligation Bonds I (Airport infrastructure/MAC Portion plus 1%) Sources & Uses Dated 06101(2007 Delivered 06101/2007 Sources Of Funds Par Amount of Bonds $3,580,000.00 Total Sources 63,680,000.00 Uses Of Funds Total Underwriter's Discount (1.500%) 53,700.00 Costs of issuance 27,145.00 Deposit to Capitalized Interest(CIF)Fund 497,875.00 Deposit to Project Construction Fund 3,000,000.00 Rounding Amount 1,280.00 Total Uses $3,580,000.00 G.O.Bonds-Airpar 10 I 111812007 11o.36 AM Northland Securities Public Finance Page 1 i ,.., , Prcliuunary :3 $3,580,000.00 City of Eden Prairie, Minnesota General Obligation Bonds l (Airport Infrastructure/MAC Portion plus l%) Net Debt Service Schedule Fiscal Date Principal Coupon Interest Total P+I CIF Net New D/S Total 06/01/2007 - - - - - - - 06/01/2008 - - 199,150.00 199,150.00 (199,150.00) - - 12/01/2008 - - 99,575.00 99,575.00 (99,575.00) - - 06/01/2009 - - 99,575.00 99,575.00 (99,575.00) - - 12/01/2009 - - 99,575.00 99,575.00 (99,575.00) - - 06/01/2010 - - 99,575.00 99,575.00 - 99,575.00 - 12/01/2010 - - 99,575.00 99,575.00 - 99,575.00 199,150.00 06/01/2011 - - 99,575.00 99,575.00 - 99,575.00 - 12/01/2011 - - 99,575.00 99,575.00 - 99,575.00 199,150.00 06/01/2012 - - 99,575.00 99,575.00 - 99,575.00 - 12/01/2012 - - 99,575.00 99,575.00 - 99,575.00 199,150.00 06/01/2013 - - 99,575.00 99,575,00 - 99,575.00 - 12/01/2013 160,000.00 5.000% 99,575.00 259,575.00 - 259,575.00 359,150.00 06/01/2014 - - 95,575.00 95,575.00 - 95,575.00 - 12/01/2014 170,000.00 5.050% 95,575.00 265,575.00 - 265,575.00 361,150.00 06101/2015 - - 91,282.50 91,282.50 - 91,282.50 - 12/01/2015 180,000.00 5.100% 91,282.50 271,282.50 - 271,282.50 362,565,00 06101/2016 - - 86,692.50 86,692.50 - 86,692.50 - 12/01/2016 190,000.00 5.200% 86,692.50 276,692.50 - 276,692,50 363,385.00 06/01/2017 - - 81,752.50 81,752.50 - 81,752.50 - 12/01/2017 195,000.00 5.300% 81,752.50 276,752.50 - 276,752.50 358,505.00 06/01/2018 - - 76,585.00 76,585.00 - 76,585.00 - 12/01/2018 210,000.00 5,350% 76,585.00 286,585.00 - 266,565.00 363,170.00 06/01/2019 - - 70,967,50 70,967.50 - 70,967.50 - 12/01/2019 220,000.00 5.450% 70,967.50 290,967.50 - 290,967.50 361,935.00 06/01/2020 - - 64,972.50 64,972.50 - 64,972.50 - 12/01/2020 230,000.00 5.500% 64,972.50 294,972.50 - 294,972.50 359,945.00 06/01/2021 - - 58,647.50 58,647.50 - 58,647.50 - 12/01/2021 245,000.00 5.650% 58,647.50 303,647.50 - 303,647.50 362,295.00 06/01/2022 - - 51,726.25 51,726.25 - 51,726.25 - 12/01/2022 255,000,00 5.750% 51,726.25 306,726.25 - 306,726.25 358,452.50 06/01/2023 - - 44,395.00 44,395.00 - 44,395.00 - 12/01/2023 270,000.00 5.800% 44,395.00 314,395.00 - 314,395.00 358,790,00 06/01/2024 - - 36,565.00 36,565.00 - 36,565.00 - 12/01/2024 290,000.00 5,800% 36,565.00 326,565.00 - 326,565.00 363,130.00 06/01/2025 - - 28,155,00 28,155.00 - 28,155.00 - 12/01/2025 305,000.00 5.800% 28,155.00 333,155.00 - 333,155.00 361,310.00 06/01/2026 - - 19,310.00 19,310.00 - 19,310.00 - 12/01/2026 320,000.00 5.800% 19,310.00 339,310.00 - 339,310.00 358,620,00 06/01/2027 - - 10,030.00 10,030.00 - 10,030.00 - 12/01/2027 340,000.00 5,900% 10,030.00 350,030.00 - 350,030.00 360,060.00 Total $3,580,000.00 - $2,927,787.50 $6,507,787.50 (497,875.00) $6,009,912.50 - G,O.Bonds-Airport lnfr l 1/18/2097 110:36 AM Northland Securities Public Finance Page 2 =u k-r. Prelimmary g $3 580 000.00 City of Eden Prairie. Minnesota General Obligation Bonds I (Airport Infrastructure/MAC Portion plus 1%) Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+I Fiscal Total 06/01/2007 - - - - - 06/01/2008 - - 199,150.00 199,150.00 - 12/01/2008 - - 99,575.00 99,575.00 298,725.00 06/01/2009 - - 99,575.00 99,575.00 - 12/01/2009 - - 99,575.00 99,575.00 199,150,00 06/01/2010 - - 99,575.00 99,575.00 - 12/01/2010 - - 99,575.00 99,575.00 199,150.00 06/01/2011 - - 99,575.00 99,575.00 - 12101/2011 - - 99,575.00 99,575.00 199,150.00 06/01/2012 - - 99,575.00 99,575.00 - 12/01/2012 - - 99,575.00 99,575.00 199,150.00 06/01/2013 - - 99,575.00 99,575.00 - 12/01/2013 160,000.00 5,000% 99,575.00 259,575.00 359,150.0G 06/01/2014 - - 95,575.00 95,575.00 - 12/01/2014 170,000.00 5.050% 95,575.00 265,575.00 361,150.00 I 06/01/2015 - - 91,282.50 91,282.50 - 12/01/2015 180,000.00 5.100% 91,282.50 271,282.50 362,565.00 F 06/01/2016 - - 85,692.50 86,692.50 - 12101/2016 190,000,00 5.200% 86,692.50 276,692.50 363,385.00 06/01/2017 - - 81,752.50 81,752.50 - 12101/2017 195,000.00 5.300% 81,752,50 276,752.50 358,505.00 06/01/2018 - - 76,585.00 76,585,00 - 12/01/2018 210,000.00 5.350% 76,585.00 286,585.00 363,170,00 06/01/2019 - - 70,967.50 70,967.50 - 12/01/2019 220,000.00 5.450% 70,967.50 290,967.50 361,935.00 06/01/2020 - - 64,972.50 - 64,972.50 - 12101/2020 230,000.00 5.500% 64,972.50 294,972.50 359,945.00 06/01/2021 - - 58,647.50 58,647.50 - 12/01/2021 245,000.00 5.650% 58,647.50 303,647.50 362,295.00 06/01/2022 - - 51,726.25 51,726.25 - 12/01/2022 255,000.00 5.750% 51,726.25 306,726.25 358,452.50 06/01/2023 - - 44,395.00 44,395.00 12/01/2023 270,000.00 5.800% 44,395.00 314,395.00 358,790.00 06/01/2024 - - 36,565.00 36,565.00 - 12/01/2024 290,000.00 5.800% 36,565.00 326,555.00 363,130.00 06/01/2025 - - 28,155.00 28,155.00 - 12/01/2025 305,000.00 5.800% 28,155.00 333,155.00 361,310.00 06/01/2026 - - 19,310.00 19,310.00 - 12/01/2026 320,000.00 5.800% 19,310.00 339,310.00 358,620.00 06/01/2027 - - 10,030,00 10,030.00 - 12/01may 340,000.00 5.900% 10,030.00 350,030.00 360,060.00 Total 53,580,000.00 - $2,927,787.50 56,507,787.50 - G.O.Bonds-Airport Inri t 1/18/2007 110:36 AM • Northland Securities Public Finance Page 3 n4 Preliminary rya:? $3,580,000 00 City of Eden Prairie, Minnesota General Obligation Bonds I (Airport Infrastructure/MAC Portion plus 1%) Debt Service Schedule Part 2 or 2 Yield Statistics Dated 6/01/2007 Delivery Date 6/01/2007 First Coupon Date 6/01/2008 First available call date Call Price - Bond Year Dollars $51,855.00 Average Lire 14.485 Years Average Coupon 5.6461045% Net Interest Cost(NlC) 5.7496625% True Interest Cost(TIC) 5.7716455% Bond Yield for Arbitrage Purposes 5.6145601% All Inclusive Cost(AIC) 5,8523051% IRS Form 8038 Net Interest Cost 5,6461045% Weighted Average Maturity 14.485 Years • • G.O.Bonds-Arpon Intr 111113,2007 110:36 AM Northland Securities Public Finance Page 4 S4,460,000.00 City of Eden Prairie, Minnesota • General Obligation Bonds! (Airport Infrastructure/MAC Portion plus 1%) Table of Contents Report Sources&Uses t • Net Debt Service Schedule 2 Debt Service Schedule 3 G.Q.Bonds•Altpon InIr( 111 812 60 7 l 9:59 AM Northland Securities Public Finance $4,460,000.00 City of Eden Prairie. Minnesota General Obligation Bonds 1 (Airport Infrastructure/MAC Portion plus 1%) Sources & Uses Dated 06/0112007( Delivered 0 610 1 12 0 07 Sources Of Funds Par Amount of Bonds $4,460,000.00 Total Sources $4,460,000.00 Uses Of Funds Total Underwriter's Discount (1.500%) 66,900.00 Costs of Issuance 27,145.00 Deposit to Capitalized Interest(CIF)Fund 1,364,825.00 Deposit to Project Construction Fund 3,000,000.00 Rounding Amount 1,130.00 Total Uses $4,460,000.00 G.O.Bonds-Airport Ink 1111a12007 l 9:59 AM 111 Northland Securities Public Finance Page 1 • A_ -, $4,460,000.00 City of Eden Prairie, Minnesota General Obligation Bonds i (Airport Infrastructure/MAC Portion plus l%) Net Debt Service Schedule Fiscal Date Principal Coupon Interest Total P-it CIF Net New D/S Total 06/01/2007 - - - - - - - 06/01/2008 - - 248,150.00 248,150.00 (248,150.00) - 12/01/2008 - - 124,075.00 124,075.00 (124,075.00) - - 06/01/2009 - - 124,075.00 124,075.00 (124,075.00) - - 12/01/2009 - - 124,075.00 124,075.00 (124,075.00) - - 06/01/2010 - - 124,075.00 124,075.00 (124,075.00) - - 12/01/2010 - - 124,075.00 124,075.00 (124,075.00) - - 06/0112011 - - 124,075.00 124,075.00 (124,075.00) - 12/01/2011 - - 124,075.00 124,075.00 (124,075.00) - - 06/01/2012 - - 124,075.00 124,075.00 (124,075.00) - - 12/01/2012 - - 124,075.00 124,075.00 (124,075.00) - - 06/01/2013 - - 124,075.00 124,075.00 - 124,075.00 - 12/01/2013 200,000.00 5.000% 124,075.00 324,075.00 - 324,075.00 448,150.00 06/01/2014 - - 119,075.00 119,075.00 - 119,075.00 - 12/01/2014 210,000.00 5.050% 119,075.00 329,075.00 - 329,075.00 448,150.00 06/01/2015 - - 113,772.50 113,772.50 - 113,772.50 - 12/01/2015 220,000.00 5.100% 113,772.50 333,772.50 - 333,772.50 447,545.00 06/01/2016 - - 108,162.50 108,162.50 - 108,162.50 - 12/01/2016 235,000.00 5.200% 108,162.50 343,162.50 - 343,162.50 451,325.00 06/01/2017 - - 102,052.50 102,052.50 - 102,052.50 - 12/01/2017 245,000.00 5.300% 102,052.50 347,052.50 - 347,052.50 449,105.00 06/01/2018 - - 95,560.00 95,560.00 - 95,560.00 - 12/01/2018 260,000,00 5.350% 05,560.00 355,560.00 - 355,560.00 451,120.00 06/01/2019 - - 88,605.00 88,605.00 - 88,605.00 - 12/01/2019 275,000.00 5.450% 88,605.00 363,605.00 - 363,605.00 452,210.00 06/01/2020 - - 81,111.25 81,111.25 - 81,111.25 - 12/01/2020 285,000.00 5.500% 81,111.25 366,111.25 - 366,111.25 447,222.50 06/01/2021 - - 73,273.75 73,273.75 - 73,273.75 - 12/01/2021 305,000.00 5.650% 73,273.75 378,273.75 - 378,273.75 451,547.50 06/01/2022 - - 64,657,50 64,657.50 - 64,657.50 - 12/01/2022 320,000.00 5.750% 64,657.50 384,657.50 - 384,657.50 449,315.00 06/01/2023 - - 55,457.50 55,457.50 - 55,457.50 - 12/01/2023 340,000,00 5.800% 55,457.50 395,457.50 - 395,457.50 450,915.00 06/01/2024 - - 45,597.50 45,597.50 - 45,597.50 - 12/01/2024 360,000.00 5.800% 45,597.50 405,597.50 - 405,597.50 451,195.00 06/01/2025 - - 35,157.50 35,157.50 - 35,157.50 - 12/01/2025 380,000.00 5.800% 35,157.50 415,157.50 - 415,157.50 450,315.00 06/01/2026 - - 24,137.50 24,137.50 - 24,137.50 - 12/01/2026 400,000.00 5.800% 24,137.50 424,137.50 - 424,137.50 448,275.00 06/01/2027 - - 12,537.50 12,537.50 - 12,537.50 - 12/01/2027 425,000.00 5.900% 12,537.50 437,537.50 - 437,537.50 450,075.00 Total $4,460,000.00 - $3,651,290.00 58,111,290.00 (1,364,825.00) $6,746,465.00 - G.O.Bonds-Airpo 1 tnfr( 1/18/2007 I 9:59 AM Northland Securities Public Finance Page 2 �'" , $4 460 000.00 City of Eden Prairie, Minnesota General Obligation Bonds I (Airport Infrastructure/MAC Portion plus 1%) Debt Service Schedule Part 1 of 2 Date Principal Coupon Interest Total P+l Fiscal Total 06/01/2007 - - - - - 06/01/2008 - - 248,150.00 248,150.00 - 12/01/2008 - - 124,075.00 124,075.00 372,225.00 06/01/2009 - - 124,075.00 124,075.00 - 12/01/2009 - - 124,075,00 124,075.00 248,150.00 06/01/2010 - - 124,075.00 124,075.00 - 12/01/2010 - .. 124,075.00 124,075.00 248,150.00 06/01/2011 - - 124,075,00 124,075.00 - 12/01/2011 - - 124,075.00 124,075.00 248,150.00 06/01/2012 - - 124,075.00 124,075.00 12/01/2012 - - 124,075.00 124,075.00 248,150.00 06/01/2013 - - 124,075.00 124,075.00 - 12/01/2013 200,000.00 5.000% 124,075.00 324,075.00 448,150.00 06/01/2014 - - 119,075.00 119,075.00 - 12/01/2014 210,000.00 5.050% 119,075,00 329,075.00 448,150.00 06/01/2015 - - 113,772.50 113,772.50 12/01/2015 220,000.00 5.100% 113,772.50 333,772.50 447,545.00 06/01/2016 - - 108,162.50 108,162.50 - 12/01/2016 235,000.00 5,200% 108,162.50 343,162,50 451,325.00 06/01/2017 - 102,052.50 102,052.50 - 12/01/2017 245,000,00 5.300% 102,052,50 347,052.50 449,105.00 06/01/2018 - - 95,560.00 • 95,560.00 - 12/01/2018 260,000.00 5.350% 95,560.00 355,560,00 451,120.00 06/01/2019 - 88,605.00 88,605.00 - 12/01/2019 275,000,00 5.450% 88,605.00 363,605.00 452,210.00 06/01/2020 - - 81,111.25 81,111.25 - 12/01/2020 285,000.00 5.500% 81,111.25 366,111.25 447,222,50 06/01/2021 - - 73,273.75 73,273.75 - 12/01/2021 305,000.00 5,650% 73,273.75 378,273,75 451,547.50 06/01/2022 - - 64,657.50 64,657.50 - 12/01/2022 320,000.00 5.750% 64,657.50 384,657.50 449,315.00 06/01/2023 - - 55,457.50 55,457.50 - 12/01/2023 340,000,00 5.800% 55,457.50 395,457.50 450,915,00 06/01/2024 - 45,597,50 45,597.50 - 12/01/2024 360,000.00 5.800% 45,597.50 405,597,50 451,195.00 06/01/2025 - - 35,157.50 35,157.50 - 12/01/2025 380,000.00 5.800% 35,157.50 415,157.50 450,315.00 06/01/2026 - - 24,137.50 24,137.50 - 12/01/2026 400,000.00 5.800% 24,137.50 424,137.50 448,275.00 06/01/2027 - - 12,537.50 12,537.50 - 12/01/2027 425,000.00 5.900% 12,537.50 437,537.50 450,075.00 Total $4,460,000.00 - $3,661,290.00 $8,111,290.00 - G.O.Sands-Airport Parr 11118/2007 (9,59 AM --` Northland Securities ; r .- Public Finance Page 3 $4,460,000.00 City of Eden Prairie. Minnesota General Obligation Bonds I (Airport Infrastructure/MAC Portion plus 1%) Debt Service Schedule Part 2 of 2 Yield Statistics Dated 6/0112007 Delivery Date 6/01/2007 First Coupon Date 6/01/2008 First available call date Call Price Bond Year Dollars $64,660.00 Average Life 14.498 Years Average Coupon 5.6469069% Net Interest Cost(NIC) 5.7503712% True Interest Cost(TIC) 5.7724362% Bond Yield for Arbitrage Purposes 5.6154418% Ail Inclusive Cost(AIC) 5.8370755% IRS Form 8038 Net Interest Cost 5.6469069% Weighted Average Maturity 14,498 Years G.O.Bonds-Airport inir 11/181zap7 [ 9'59 AM Northland Securities Public Finance Page 4 CITY COUNCIL AGENDA DATE: SECTION: Report of the Community Development Director February 20, 2007 DEPARTMENT/DIVISION: ITEM DESCRIPTION: ITEM NO.: XIV.C.1. Community Development Major Center Area Implementation Janet Jeremiah Update Requested Action No action required. Synopsis This is an update of implementation activities recommended by the Major Center Area(MCA) Study. Background Information The Major Center Area(MCA) Study was adopted by the City Council on January 17, 2006 as an advisory tool. The study includes land use, transportation and wayfinding recommendations for the Valley View Road/Prairie Center Drive"ring road" area. A task force guided the study and public input was received from the residential and business communities through a series of meetings and open houses. The final report includes an implementation chapter with specific recommendations for near term(0-7 years) and long-term(8+year) activities. The attached update indicates the status of each implementation recommendation. Attachments ➢ MCA Update prepared for 2/20/07 Council Meeting ➢ MCA Wayfinding Committee Consensus Recommendations Major Center Area (MCA) — Implementation Update Prepared for February 20, 2007 City Council Meeting Near-Term Initiatives (By 2013): Public Sector 1.0 Land Use/Community Development Studies and Regulatory Changes 1.1 Town Center Market Study > Put on hold due to substantial private redevelopment interest; could reactivate if necessary for future phases. 1.2 Detailed Physical Redevelopment Study of Catalyst Sites > Worked with private sector on Town Center Phase I, Gander Mountain and Columbine/Prairie Center Drive sites. > Hired architect to complete redevelopment concept for Town Center Phase II (Wal-Mart) site for grant application; developer interest in concept plan. 1.3 Financial Feasibility Analysis & Strategy > Completed for Town Center Phase I. > Unnecessary for Gander Mountain. > Not yet completed for Town Center Phase II. 1.4 Regulatory Changes ➢ Comprehensive Plan amended 2006 to reference MCA Study as advisory tool and identify Town Center area. ➢ Additional Comprehensive Plan changes underway (e.g. new redevelopment chapter, Town Center guidelines and land use changes in Town Center). 1.5 Wayfinding Ad-Hoc Committee > Established and met 5 times in 2006. > Developed set of consensus recommendations (see attachment). > No consensus on naming all subareas or phasing improvements. > Follow up meeting held with Eden Prairie Chamber representatives and state highway menu board sign representative. > Requested Chamber to take more leadership in determining consensus business position and phasing priorities. 1.6 Streetscape/Urban Design Framework > Contract with Hoisington Koegler Group, Inc. for urban design framework; mixed-use zoning ordinance. > Two contracts being coordinated regarding streetscape standards. 2.0 Transportation/Public Realm Projects 2.1 Pedestrian/Bicycle Trail Segments and Intersection Improvements > Park& Recreation Department and Public Works working on filling gaps in trail/sidewalk system. > Town Center Phase I will include new trail along 212/Prairie Center Drive and new sidewalks on Singletree Lane and Regional Center Drive and within site. 2.2 Realignment of Singletree Lane/West 78th Street > Staff brought contract proposal to Council in 2006 to study alignments. > Council directed staff to hold off due to concerns raised. 2.2 Outer Ring Road Streetscape and Landscape Improvements ➢ Awaiting final outcome of wayfinding process and streetscape/urban design framework. ➢ Included in Capital Improvement Plan but remains largely unfunded. 2.4 TH 212 Aesthetic Treatment (Streetscape and Landscape) > Awaiting final outcome of wayfinding and streetscape/urban design framework. > Awaiting turnback to County and possible narrowing of roadway surface. 2.5 Intersection Geometric/Signal Improvements > Simultaneous signal timing is almost complete (need final adjustments now that Columbine signal is operational). > Intersection improvements at Preserve Boulevard and Anderson Lakes Parkway are anticipated to be underway in 2008. Near-Term Initiatives (By 2013) — Joint Public and Private Sectors: 1.0 Initial Wayfinding Signage ➢ Wayfinding Committee established set of consensus recommendations (see attachment). > Follow-up meeting held with Chamber and MnDOT sign contractor. > Staff requested Chamber take a leadership role in determining business consensus for outstanding issues including priorities/phasing. 2.0 Mall Ring Road Initial Improvements ➢ Public Works met with Mall Management and their traffic engineer. > Mall traffic engineer has agreed with benefit of some of the proposed initial improvements. > Public Works will continue working with the Mall to implement. 2.1 Catalyst Redevelopment Sites ➢ Town Center Mixed Use—Phase I (Windsor Plaza and Bobby& Steve's redevelopment) has received preliminary approval. ➢ Additional Housing—A purchase agreement has been approved for sale of the City's Columbine property to Presbyterian Homes for redevelopment of their campus for additional housing and retail within about 5 years; formal development review will commence soon. 2.3 New Street Network in Town Center > Town Center Phase I includes vacation of a portion of Glen Road to allow for its future realignment and connection to Regional Center Road. > Phase I also includes widening of Singletree Lane to four lanes in this area with new turn lanes and reduced number of private curb cuts. > Phase II will include additional street network improvements. 2.4 Other Traffic and Roadway Improvements > Technology Drive improvements were required as part of the Gander Mountain redevelopment. > Extension of Medcom Boulevard and a new signal at Franlo Rd. and Prairie Center Drive will be coordinated with development of neighboring parcels. Long-Term Initiatives (Beyond 2013) — Public Sector LRT Station Specific Development and Infrastructure > The LRT alternatives analysis is complete and the route through the MCA has been recommended by the TAC and PAC for inclusion in the EIS phase of analysis. > Hennepin County is expected to take action on the alternatives analysis this month. ➢ Construction of the Southwest LRT and associated development is not anticipated until at least 2015. District Parking (Ramps, Surface and On-Street Management) > Town Center Phase I will include a ramp that can be expanded in the future to provide district parking. > TIF is being requested in part to make the ramp structurally capable of future expansion. Grade-Separated Pedestrian Crossings > Town Center Phase I plans do not include any grade-separated pedestrian crossings, in part because the building and elevators can be accessed directly from two different levels of the parking ramp without crossing any major streets. > Initial concept plans for Town Center Phase II include grade separated crossings of a new north-south roadway. Ultimate Mall Ring Road Design > The Mall has not agreed with concepts for a major redesign of the mall ring road in the future (e.g., one-way traffic flow). > The ultimate Mall ring road design will likely depend upon future development plans for the Mall and whether traffic can be handled adequately with the current configuration. TH 212/Prairie Center Drive Grade Separation > This will likely be needed in the distant future unless there is a significant shift to other transportation modes. > Concept plans for this grade separation were developed as part of the MCA Study but there is no specific implementation timeline or funding. Resolution of Regional Access (I-494 and TH 212) > Concept plans for improved regional access to the area were developed as part of the MCA Study and a preferred alternative was chosen. > The concept plans have been discussed with MnDOT and Hennepin County but there is no specific implementation timeline or funding. Ultimate Wayfinding Design > As new roads are constructed and access changes are made, wayfinding signage will need to be reevaluated. > Final implementation should occur as improvements are completed. MCA Wayfinding Committee General Consensus Items July 25, 2006 1. Getting to, around, and out of the Major Center Area(MCA) is confusing for a lot of people. 2. Some kind of wayfinding system is necessary for this area. 3. When State Hwy. 212 is "turned back"to the County, it should be renumbered County Road 61 (the Flying Cloud Drive name should remain). 4. The future County Road 61 signage should be overlapped with Hwy 212 signage on Hwy 212 north to Shady Oak Road(existing County Road 61) 5. County Road 61 (currently Hwy. 212) and Flying Cloud Drive should be on all appropriate signs. 6. Street signs should be included on all stop light arms. 7. Additional signage explaining how to get back to highways (egress signage) is needed. 8. The ring road should be named(e.g. Prairie Center Circle). 9. The name of the ring road should be added to Valley View Rd. signs within the MCA. 10. Signs with street names should be included at all intersections. 11. Street name signs should also show address ranges and/or the metropolitan street numbering system(78th Street, 79th Street, etc.). 12. The aesthetic appearance of the proposed signage is positive. 13. The name for the sub area around Eden Prairie Center should be "Mall Area".